AGENDA #8

 

MEMORANDUM

 

TO:        Mayor and Town Council

 

FROM:  W. Calvin Horton, Town Manager

SUBJECT:       Response to a Petition Regarding Establishment of a Stormwater Utility Policy Review Committee; and Status Report on the Inter-jurisdictional Stormwater Management Staff Work Group

 

DATE:             December 9, 2002

This report (1) responds to a petition suggesting that the Council establish a Stormwater Utility Policy Review Committee and (2) discusses the Inter-jurisdictional Stormwater Management Staff Work Group previously authorized by the Council.

 

Adoption of the attached resolution would authorize the Town Manager to invite participation in and to solicit applications for a Town Stormwater Utility Policy Review Committee that would assist Town staff in reviewing and monitoring utility development work and would provide feedback on program and policy issues.

 

The Manager recommends adoption of the attached resolution.

 

BACKGROUND

 

In November 2001, the Council received a report from the Town’s Stormwater Utility Development and Implementation Study Committee that recommended establishment of an inter-jurisdictional work group to create continuing lines of communication and to encourage discussion of potential opportunities for cooperation on issues including, but not limited to, the following stormwater management areas of concern:

 

1.      Stream water chemistry and biological monitoring activities

2.      Pollutant discharge identification and elimination activities

3.      Public education program development activities

4.      Digital floodplain mapping and National Flood Insurance Program activities

5.      Sedimentation and erosion control activities

 

In August 2002, the Council adopted a resolution authorizing the Manager to invite participation on an Inter-jurisdictional Stormwater Management Staff Work Group to include representatives from Chapel Hill, Carrboro, Orange County, OWASA, and the University.

 

In June 2002, the Council received from its consultant a pro-forma business plan report on development and implementation of a utility-based stormwater management program to serve Chapel Hill.  That report noted that one key element of a successful implementation plan for a stormwater utility was establishment of a Stormwater Utility Policy Review Committee.  This committee would work closely with the consultant and Town staff to monitor program development and to provide feedback on program and policy issues.

 

In September 2002, the Council received and referred a petition from Mr. Alan Rimer and Ms. Judith Weseman supporting the establishment of a stormwater utility review committee, as recommended by the consultant, to provide oversight and assistance with the utility development process.

 

In October 2002, the Council approved funding to begin development of utility-based stormwater management program to serve Chapel Hill.  

 

DISCUSSION

 

Stormwater Utility Policy Review Committee

 

The Council recently appropriated funds to begin development of a Chapel Hill stormwater utility.  We anticipate that utility development will take 18 to 24 months, during which time a variety of policies, programs, means, and methods will need to be identified, created, and presented to the Council for consideration.  We agree with the consultant and the petitioners that an ad hoc Stormwater Utility Policy Review Committee will be a critical part of a successful utility development process.  The committee would assist Town staff in monitoring and reviewing the consultant’s work and would provide feedback on program and policy issues.

 

We suggest that this Committee of no more than fifteen (15) members be charged to: (1) review and comment on stormwater policy and program recommendations developed by the Town’s Consultant; (2) solicit and discuss feedback from interested citizens, businesses, and groups regarding proposed policy and program recommendations and; (3) prepare reports and recommendations on policy and program issues for consideration by the Council.

 

We suggest that the Committee include Town staff, interested citizens residing in each of the Town’s three primary watersheds, owners/managers of multi-family, office, institutional, and commercial property, and members with expertise in stormwater management methodology and technology.  With the Council’s approval, we will solicit applicants interested in serving on the Utility Committee.  We would expect to present applications to the Council for Committee appointments at the second meeting in January 2003, and to hold the first Committee meeting in February 2003.  The Committee and the Town’s Consultant would schedule subsequent meetings on a regular basis in conjunction with the utility development process.

 

Inter-jurisdictional Stormwater Management Staff Work Group

 

This fall, we contacted our neighboring jurisdictions and the University, and invited them to assign a staff representative to serve on a standing, cooperative, inter-jurisdictional stormwater work group as discussed above.  Each agency expressed interest in collaborating on the establishment of such a work group and identified representatives who would serve.

 

We plan to schedule the first work group meeting in January 2003, and expect to continue meeting on a quarterly basis thereafter. The work group will focus on opportunities for mutually beneficial cooperation on stormwater and floodplain management issues including compliance with the National Pollutant Discharge Elimination System Phase II (NPDES) regulations, floodplain mapping, stream assessments, and sedimentation/erosion control.

 

The following cooperative endeavors involving local agencies are already in place:

 

1.  Stream water quality monitoring and reporting services provided by Chapel Hill for Carrboro on a contract basis.

 

2. An ad hoc group including representatives from Chapel Hill, Carrboro, Orange County, OWASA, and the University cooperatively develops and shares Geographic Information System data and arranges for equitable cost-sharing on aerial mapping and related technical services.

 

3. The Federal Emergency Management Agency Cooperating Technical Community partnership between Chapel Hill and Carrboro provides for cooperative efforts regarding floodplain mapping, map management and related issues.

 

4. Chapel Hill, Carrboro, Orange County, and the University are working cooperatively with the US Army Corps of Engineers under a Section 22 Flood Study Agreement to perform detailed flood studies of stream sections in Carrboro and Chapel Hill.

 

5. Chapel Hill and the University continue to cooperatively work under a defined set of Stormwater Management Performance Standards and a Development Review/Permit process for the OI-4 Development Plan.

 

6. Chapel Hill and Orange County have continuing sedimentation and erosion control discussions and routinely cooperate on inspection and enforcement issues.

 

7. OWASA and Chapel Hill staff meet semi-annually to discuss capital projects and other issues requiring cooperation and information-sharing.

 

MANAGER’S RECOMMENDATION

 

That the Council adopt the attached resolution authorizing the Manager to invite participation and to solicit applications for a Town Stormwater Utility Policy Review Committee.

 

ATTACHMENTS

 

1.  Copy of the Rimer/Weseman Petition (p. 5).

 

 

a resolution authorizing the Manager to INVITE PARTICIPATION in AND TO SOLICIT APPLICATIONS FOR A tOWN STORMWATER UTILITY POLICY REVIEW COMMITTEE (2002-12-09/R-12)

WHEREAS, the Council is aware of increasing stormwater management related mandates and regulations requiring Town compliance; and

WHEREAS, the Council has authorized the Manager to contract with a consulting firm to begin development of a utility-based stormwater management program that would enable the Town to meet its regulatory obligations in addition to providing acceptable levels of stormwater management throughout the community; and

WHEREAS, the Council understands the importance of establishing a Stormwater Utility Policy Review Committee to work closely with the consultant and Town staff to monitor program development and to provide feedback on program and policy issues;

Now, therefore, be it resolved by the Council of the Town of Chapel Hill that the Council directs the Manager to invite participation in and to solicit applications for a Town Stormwater Utility Policy Review Committee.

BE IT FURTHER RESOLVED that the Council directs the Manager to return for Council consideration of the applications and appointment of Committee members.

This the 9^th day of December, 2002.