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2000-03-02 Work Session NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION, MARCH 2, 2000 PAGE 802 ASSEMBLY The New Hanover County Board of Commissioners held a Work Session on Thursday, March 2, 2000, at 9:00 a.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Vice- Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Deputy Clerk to the Board, Teresa P. Elmore. Commissioner Charles R. Howell was absent. Chairman Caster called the meeting to order and said the purpose of the Work Session was to hear a presentation by W. K. Dickson & Company, Inc. on the progress of the proposed comprehensive drainage regulations and a presentation by staff on options for a County drainage program. Mr. Dan Dawson, of W. K. Dickson & Company, spoke on the process of developing a drainage ordinance and stormwater management program manual for the unincorporated areas of New Hanover County. Through several meetings with staff, field investigations, and a review of existing ordinances and programs, an assessment was made to determine the basic requirements for the regulations. A list of 150 drainage problems and issues, as well as the goals and objectives of a drainage manual, were compiled. The proposed regulations will deal with new developments in preventing future problems, but will not address old drainage systems. In reviewing the existing programs, Mr. Dawson reported that the unincorporated area of the county has quickly become two distinct northern and southern areas because of the City’s 1998 annexation. Although some watersheds are shared with the City, the focus of the regulations will be to resolve drainage issues for the unincorporated areas. The regulations were separated into two types of projects: 1.Subdivision Projects (developed and managed according to regulations in the Subdivision Ordinance) 2.Non-subdivision projects (large commercial projects and residential homes on lots previously subdivided) Both types of projects have limited drainage control, but the Subdivision Ordinance includes some interim drainage regulations that were implemented 1½ years ago to provide stormwater management of two and ten year events. The County and several other agencies review plans of projects, but they have limited control to manage and regulate drainage. Other regulatory programs include: NC Division of Water Quality: Sedimentation and Erosion Control NC Department of Transportation: Public Streets NC Department of Environment and Natural Resources: Stormwater and Wetlands Corps of Engineers: Wetlands The County is authorized to issue the Sedimentation and Erosion Control Permits, but the regulations do not address long-term flooding issues. Mr. Dawson suggested that significant improvements can be made through better coordination of these programs. The current regulations require plans to show how a drainage system collects stormwater runoff within a subdivision, shopping center, or multi-use project. An engineer designs a project by using specified criteria in the regulations, whether it is for a two, five, ten, twenty or fifty year event. The engineer must certify the plan, but the County does not evaluate the collection system. The County can effectively control construction projects through regulating land use, density NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION, MARCH 2, 2000 PAGE 803 controls, buffer and setback requirements, tree and landscaping ordinances, and conservation overlay district rules, but these regulations have significant limitations because they do not manage upstream and downstream impacts. In review of the subdivision process, Mr. Dawson explained that the developer presents an optional sketch of the subdivision plan to the Planning Department for an informal review. Then a preliminary plan is submitted and reviewed by the Planning staff and twelve other agencies. Final approval is made by the Technical Review Committee, a subcommittee of the Planning Board. Construction can begin after the approval of the preliminary plan or when a guarantee is posted for the improvements shown on the preliminary plan. Once construction has begun, plats can be recorded and property sold regardless of whether the improvements are completed. Non-subdivision projects require compliance to zoning regulations and Sedimentation and Erosion Control permitting. Public street plans are reviewed by NCDOT and wetland impacts are managed and coordinated by the Corps of Engineers. After these reviews, building permits can be issued and construction begun without detailed plans and specifications. Water and sewer plans are an exception and must be approved by the County before construction begins. Land sales may occur before improvements are completed. Mr. Dawson suggested the following basic requirements be incorporated into the drainage regulations: ? Regulate stormwater runoff from all projects including commercial non-subdivision projects ? Regulate and manage upstream and downstream impacts ? Require substantial completion of improvements before plat recording and lot sales ? Require approval of detailed construction plans and specification of improvements before construction starts ? Provide interim and permanent maintenance requirements ? Require developers to deliver acceptable outcomes ? Specify minimum drainage design standards and procedures for recurrence intervals, culverts, channels, stormwater ponds, streets, water quality measures, and recharge/infiltration facilities ? Use standardized checklists ? Develop Watershed Master Plans ? Coordinate drainage requirements with the City where possible ? Coordinate drainage requirements with other agencies ? Coordinate drainage requirements with the proposed Unified Development Ordinance Suggested Subdivision Process ? Require a sketch plan review ? Require review of preliminary plan by Staff and 12 other agencies ? Require final plan approval by Technical Review Committee ? Require approval of detailed plans prior to construction ? Require completed construction before final plat recording and land sales Suggested Non-Subdivision Process ? Require developer to submit construction plans ? Require County staff and other agencies to review construction plans ? Require approval of construction plans before issuance of building permits ? Require construction to be completed before issuance of Certificate of Occupancy Commissioner Davis asked who the twelve agencies were that needed to approve the construction plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION, MARCH 2, 2000 PAGE 804 Mr. Dawson responded that NCDOT, CAMA, Water Quality, Schools, 911 Center, Fish and Wildlife, and the Health Department are required to review projects. Each agency has specific reasons to be a part of the process and could make changes in the plan that would affect other agency reviews. The Board will need to decide whether to allow projects to begin before the final plan is approved. Mr. Dawson spoke on possibly changing requirements for stormwater runoff from two and ten year events to a benchmark of twenty to twenty-five year events. With the area’s experience and vulnerability to more extreme events, an analysis of 50 or 100 year events would provide property owners a better understanding of what to expect in flooding of their property. Changing design criteria will substantially increase the size of retention ponds, although some commercial projects have built facilities for larger storm events. The State regulates 1 to 1½ inches of runoff for water quality issues and sometimes uses wetlands or grasses for holding areas. Many programs and pilot studies are investigating the best way to provide water quality methods. UNCW’s studies have recommended lower densities and use of constructed wetlands for the Pages Creek area. The NPDES Phase II Program will require the County to include some water quality measures in its regulations. Commissioner Birzenieks asked how the City’s annexation program will affect the County in developing a stormwater management program. He felt that a united program or a consolidated government would best address concerns of all citizens. Mr. Dawson responded that the County can proceed with a program similar to the City’s plan for new development and work with the City whenever possible. But the City’s program mostly deals with managing street drainage issues. Projects like Greenfield Lake and Burnt Mill Pond were established prior to setting up a stormwater utility, and only one entity can charge a stormwater management fee in a specific jurisdiction. The County can collect fees from areas outside of the City and use similar development rules to have more continuity in case of consolidation and or annexation. Commissioner Davis stated that the County cannot wait for annexation or consolidation to address drainage problems in the unincorporated areas. As annexation occurs, a smooth transition from the County’s stormwater management plan to the City’s plan will be important because of the impact on taxpayers. Mr. Dawson responded that the City does require construction plans for non-subdivision projects. Once a project consists of 10,000 square feet of impervious surface, detailed plans must be submitted and approved by the City before construction begins. Mr. Dawson requested that the Board give approval to proceed in drafting the ordinances and a drainage manual with the recommended criteria. The drainage ordinance will be a stand alone document to allow more flexibility in future circumstances, and the stormwater management manual will address technical criteria based on addressing ten year or twenty-five year events, etc. After the documents are completed and given to the Planning Department, the Planning Board should conduct a public hearing and consider the regulations and amendments to the Zoning and Subdivision Ordinances by the first meeting in May. The Planning Board could submit recommendations to the Commissioners as early as June. Commissioner Birzenieks requested Mr. Dawson to include the County’s tree ordinance as part of the drainage program since large trees make a substantial difference in the absorption of water. A large tree can absorb 200 to 300 gallons of water per day and will help with drainage problems. The consensus of the Board was to proceed with the review process on the proposed regulations as quickly as possible to allow the County to begin addressing drainage issues. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION, MARCH 2, 2000 PAGE 805 Break: Chairman Caster called a break from 10:18 a.m. until 10:35 a.m. Vice Chairman Greer left the meeting during the next segment of the work session. Planning Director Dexter Hayes commented briefly on the review process for subdivision plans. He said the County’s regulations do not require detailed drawings or final approval of plans before construction begins on a project. The County depends on the engineer who certified the design plans to assure that the improvements are in accordance with the interim regulations of two and ten year events. Streets are built according to NCDOT specifications and are dependent upon the State’s monitoring the construction. In the presentation on a County Drainage Program, Assistant County Manager Dave Weaver provided two options in spending the budgeted amount of $376,414 for drainage work in the county. The money could be used to start a long-term drainage program or to perform work on small scale drainage problems. If the Board wants to establish a permanent program, the focus should be a drainage department or division implementing regulations and providing regional type solutions with stormwater retention ponds that would serve more than one subdivision. Option One: Use $376,414 for small-scale projects to clean drainage ditches. ? Establish a drainage review committee of 3 to 5 people ? Adopt criteria to prioritize projects ? No hiring of additional staff Assistant County Manager Weaver suggested that members of a drainage review committee could be a County Commissioner, Planning Board member, Environmental Health Committee member, and two at-large appointments. A review committee will de-politicize the selection process and projects could be scheduled based on established criteria. Because of the County working on the Runnymeade project, other neighborhoods have asked the County for assistance. Although Engineering and Vector Control Division have worked closely in addressing mosquito problems, the Health Department has been reluctant to expand the vector control program for flooding problems. However, the Environmental Health Committee of the Board of Health will be discussing the issue at its next meeting. For other drainage projects, the County could maximize use of prison labor and enter into partnered projects with NCDOT to upgrade culverts. Commissioner Davis asked if the County had received any complaints about the use of prison labor. County Engineer Wyatt Blanchard replied that no complaints have been received about prison labor, but there have been complaints about cutting back the growth on ditch banks. Assistant County Manager Weaver stated that three staff engineers are spending a great deal of time working on drainage issues although it may not be part of their job descriptions. He recommended that the vacant water and sewer engineer position be temporarily filled by an engineer to work on drainage problems. Although an engineer is needed for water and sewer, the position could be used to get the drainage program on track. An engineer needs to analyze the drainage projects and provide the best strategy to resolve the issues. A technician may be needed to assist in acquiring easements and monitoring the work. Some of the $376,414 could be used to purchase equipment for Vector Control to improve efficiency. Chairman Caster stated that the Commissioners have made a commitment to address drainage issues in the county and they realize additional staffing will be necessary. He felt that converting the vacant engineering position made it more acceptable for the Board to approve. Option Two: Establish a funded, long-term drainage program and use part of the $376,000 as start- up funds. ? Establish a Drainage Division under the Engineering Department and hire an engineer and technician NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION, MARCH 2, 2000 PAGE 806 ? Establish a drainage review committee ? Contract work out to private contractors ? Gradually begin drainage projects with County work crew and equipment As in Option One, the County could begin a drainage program by using work crews from Environmental Health, NCDOT, NC Department of Correction, and private contractors. As staff learns more about the process and more projects are scheduled, the County could gradually phase in its own work crew and purchase heavy equipment to perform the work. Assistant County Manager Weaver stated the proposed drainage regulations may lead the County into long-term maintenance of ditches and it will need a long-term funding source to pay for the program. He referenced the letter from the County Attorney on funding methods and authorization for local governments to provide a drainage program. Funding options are: General Fund Support:Dedicate up to one cent of the tax rate to establish a start-up budget of $1.5 million plus the $376,000 Drainage Utility Fee:Establish a drainage utility as an enterprise fund to generate $1 million to $2 million per year and charge a monthly or yearly utility fee to all county residents and businesses based on impervious surfaces Watershed Service Districts:Establish watershed service districts and create either 6 to 8 districts or one district for the unincorporated areas of the county Assistant County Manager Weaver spoke of problems in using a Drainage Utility Fee as a funding mechanism. He explained that the City of Wilmington can easily charge a utility fee because of having a monthly water and sewer bill in place and disconnecting water service if payment is not made. The County does not provide water to everyone and would not have that discretion. Furthermore, the County cannot collect a utility fee from the State for state-owned streets. Mr. Bill Penny, City of Wilmington engineer, confirmed that the City collects $2.4 million a year from utility fees. An advisory board of twelve representatives from the community was created when the utility fee was established, but it does not formally meet any longer. The first drainage projects were established by studies performed in the 1970's and in 1990; but staff is re-prioritizing projects based on the level of need and has identified $70 million of drainage projects. The City budgets $2.4 million for routine maintenance of public streets and City-owned properties and buildings. Another $1 million to $2 million is collected for debt service of capital projects for special drainage projects. Assistant County Manager Weaver stated that another option would be to consider a joint program with the City. City staff has been receptive of the County contracting with the City for projects in joint watersheds, especially for water quality projects. If consolidation was to occur in the next two to five years, the Board may not want to spend a lot of time and work to establish individual watershed management districts. Instead, the Board may want to transfer funds from the General Fund to provide a limited drainage program and wait to see if consolidation occurs. Commissioner Davis commented that the two governments may decide to consolidate specific departments before proceeding with a consolidated government. Merging stormwater management programs may need to be considered. Assistant County Manager Weaver replied that efforts in the past to consolidate the Parks Departments, Planning Departments, Law Enforcement, and Water and Sewer have been unsuccessful. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION, MARCH 2, 2000 PAGE 807 Chairman Caster stated that the two Boards will initially discuss the possibility of consolidation, but other meetings will be held to discuss consolidating departments or services like water and sewer and stormwater management. In discussion of State and Federal regulations, Assistant County Manager Weaver stated that the County will need to incorporate NPDES Phase Two requirements into the drainage program. The State is hoping to have some of the regulations ready later in the year. One expensive part of the regulations will require local governments to map watershed drainage areas. Assistant County Manager Weaver stated that staff will present an agenda item with the recommended structure of a drainage review committee and the criteria for prioritizing projects for the Board’s approval. The following criteria are proposed to evaluate and prioritize drainage projects: ? Severity or frequency of flooding and whether it impacts principal structures, roads or yards 2.Costs of projects Short term remedy or long term results Securing easements and permits Maintenance requirements Planning 3.Environmental impacts (effects on water quality) 4.Local acceptance 5.Condemnation process 6.Turn-around time Commissioner Birzenieks commented on the number of miles of ditches in the County and the massive effort and resources that will be needed to clean and maintain drainage ditches. He stated that work will need to proceed more quickly into other subdivisions before citizens will see improvements in drainage problems. County Engineer Wyatt Blanchard responded that the County is working on projects in Runnymeade, Marquis Hills, and Kings Grant. He presented two possible scenarios to perform the drainage maintenance projects. Scenario 1: Drainage Maintenance Contracted out by County ? Work to be performed by Vector Control, Department of Correction Prison Labor, and private contractors ? Hire two employees: an engineer and technician ? Rent equipment as needed or purchase hydriax equipment Total cost per year: $500,000 Scenario 2: Drainage Maintenance by the County ? Work performed by a drainage crew under the Engineering Department or by expanding the Environmental Health - Vector Control operation ? Hire 1 engineer, 1 technician, 1 heavy equipment operator, and 2 laborers ? Purchase heavy equipment ($400,000 or $95,000 per year installment debt) ? Total cost per year: $1 million County Engineer Blanchard recommended that the County may want to use private contractors instead of purchasing equipment and hiring staff until the County knows more about the full costs of a drainage maintenance program. County Manager O’Neal suggested that the Board establish a single drainage district similar to the County’s Fire Service District as the funding mechanism for the program. Using General NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION, MARCH 2, 2000 PAGE 808 Funds to pay for a maintenance program will be unfair to taxpayers who pay utility drainage fees to the City. Commissioner Birzenieks asked what would happen to the portion of the district tax that is collected from an area to be annexed. County Attorney Wanda Copley stated she was unsure how the district fund would be affected and would check into the issue. County Engineer Blanchard commented that cleaning ditches will not prevent flooding from occurring during heavy rain storms or hurricanes, but flooding problems should be less intense. County Manager O’Neal commented that the citizens of the County may need to decide whether they want to clean all drainage ditches at the cost of affecting water quality in creeks and streams. Civil Engineer Adam Rahhal presented a map showing forty areas in the County that have repeated history of drainage and flooding problems. He listed the subdivisions in priority order based on his visits to the sites and observations of the drainage systems during the past three years. He spoke of spending a large amount of County time in responding to people with drainage problems. After visiting the site and reviewing subdivision plans, he provides the homeowner with an assessment or recommendation to solve the problem. At the present time, the County is working on the Runnymeade Subdivision. Drainage projects in Heritage Woods and Walnut Hills will begin soon. Projects in Kings Grant and Marquis Hills will begin after State permits are received. The drainage problem at Ocean Forest will take more time because of the school construction at Veterans Park. Environmental Health Director Diane Harvell spoke on the importance of the mosquito control program in providing good public health and the successful cooperation between the Engineering Department and Environmental Health Division in addressing some of the stormwater management issues. She reported that Mr. Weaver and Mr. Blanchard have been invited to meet with the Environmental Health Committee next week to discuss other ways that the Environmental Health Division can help with drainage problems. Vector Control Manager Ken Sholar spoke on the joint efforts of Vector Control and the Engineering Department in dealing with stormwater management issues. Together they have put pressure on NCDOT to replace undersized culverts under roads that have flooding problems. Additionally, Vector Control provides mosquito control management on the mud islands of the Cape Fear River for the Corps of Engineers, and one-third of the funding for the County’s program comes from the Corps. The program is limited in the type of support that can be provided for drainage projects, since control of tiger mosquitoes is mostly dependent upon educating the public on the importance of emptying containers that hold rainwater. Mr. Sholar reported that the Corps’ next dredging project in the Cape Fear River will dump dredge material on 600 to 1000 acres on mud islands located in New Hanover County. Perimeter ditching techniques or de-watering of the mud islands will be used to minimize the need for heavy chemical placement. He noted that the mosquito control program has used these maintenance techniques for the last eight years and they have been very effective even in the aftermath of hurricanes. The Corps used the County’s program to produce its federal guidelines for best management practices on spoil islands. Commissioner Birzenieks expressed appreciation to Mr. Sholar for the outstanding job performed by Vector Control in New Hanover County. County Manager O’Neal spoke on the very complicated and expensive issues involved to determine the best drainage or stormwater management program for the County. The Board will need to decide on a funding source, whether from the General Fund or district tax, and to direct NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF WORK SESSION, MARCH 2, 2000 PAGE 809 staff on spending the budgeted amount of $376,000. A funding decision could be considered during the budget process. An agenda item listing the recommendations will be presented to the Board at the meeting on March 27, 2000. Assistant County Manager Weaver stated that the County had used very little of the $376,000 because of the time involved in getting permits and easement encroachments. The Board could allow staff more time to fully develop a long-term funding program and in the meantime budget an additional $500,000 from the General Fund to continue with other drainage projects. In discussion of using a utility service fee, County Attorney Copley explained that a fee may be difficult to collect if it was not added to the property tax bill, because the County would have to take individuals to small claims court to collect unpaid bills. The simplest way to proceed is with a service district tax like the Fire Service District. Although certain areas will be phased-out as annexation occurs, the County could be addressing drainage concerns during the transition period of two or three years. She advised the Board that a district tax will have to be effective on a July 1 starting date. However, the Board can finance projects at any time through general obligation bonds or COPS financing. Commissioner Birzenieks stated that he would like the County to move rapidly in developing the new ordinances, and he would like the tree ordinance to be strengthened. The County can make a visible headway in a reasonable length of time by cleaning ditches and implementing a maintenance program since these projects will take several years to complete. He stated that the County needs to quickly address these issues. Chairman Caster spoke on the citizens of the unincorporated areas asking the County to perform the drainage work. To resolve the problems of enormous cost and to be fair to all taxpayers will require a complex solution by the Board. He felt that it was unfair for people living in the City, who pay a stormwater utility fee, to help finance a drainage program in the County. ADJOURNMENT Chairman Caster expressed appreciation for the informative presentation and he adjourned the meeting at 11:25 a.m. Respectfully submitted, Teresa P. Elmore Deputy Clerk to the Board