STORMWATER REGULATIONS BOARD

MEETING

MAY 9, 2005

MINUTES

 

Attendees:

        Jim Moegling, Chairman

          Douglass Stein, Vice-Chairman

          Ray Adkins, Secretary, Neighborhood Representative

          Jim Hoff, Industrial Representative

          Mary (Cissy) May, Education Representative

          Milton Jackson, Environmental Representative

Harry Tate, At-Large Representative

          Michael McMahan, Special Council

          William C. McDonald, Administrator of Public Works

          William C. Payne, Assistant City Engineer

          Mounir Minkara, Water Quality Manager

Jimmy Chapin, Developer

          Steve McKinley, FMSM

          John Damico, ERC

          Lori Everett, Court Reporter (for the civil penalty hearing portion)

          Jason Payne, Inspector, City of Chattanooga

          Jenna Sells, Soil Engineering Specialist, Stormwater Management

          Carolyn Fisher, Secretary, Stormwater Management

 

(The following Board Members were absent)

          Ken DeFoor, Development Representative

          Clyde Sawyer, At-Large Representative

         

I.      Call to Order.

        Jim Moegling, Chairman

 

Jim Moegling:     Okay, we understand that Mr. McMahan is on his way.  So, we are going to go ahead and call the meeting to order and get the rudimentary things out of the way.

 

II.     Minute Approval.

Jim Moegling:     The first thing on the agenda is to approve the Minutes from the last meeting.  Does anybody have any changes, additions, corrections?  If not, I would like to have somebody make a motion that we accept them.

Ray Adkins:         So move.

Jim Moegling:      And a second.

Cissy May:          Second.

Jim Moegling:      Okay, everybody in favor say aye.

(Ayes heard on tape)

Jim Moegling:     Those opposed?  So we have a unanimous approval and that is out of the way.

 

III.    Presentation.

Jim Moegling:     Bill, the next thing that we have is the TDEC Commissioner’s Order.  Do you want to talk about that?

Bill Payne:           Yes, sir, thank you Mr. Moegling.  A revised agenda was placed before everyone.  There also is a copy of the Commissioner’s Order.  There have been a couple of articles in the paper.  We wanted to go over with the Board and make sure that you were aware of the status.  The order was signed by the TDEC Commissioner on April 12th.  It did assess an up-front penalty of $100,000.00. However, the City has been negotiating with TDEC.  There is a possibility that they will reduce that to a $50,000.00 penalty and allow the City to spend the remaining money plus some additional money on what they call a Supplemental Environmental Project, essentially something that the City would not ordinarily do under either the sanitary or storm drainage permits.  The current proposal from the City is to go into low-income areas and do repairs and replacements of sanitary sewer service lines for individuals who may not be able to afford that.  The financial impact is rather than a hundred thousand all to TDEC and no benefit of that money here in Chattanooga in terms of tangible benefits that the City would gain, it would be a reduction to only fifty thousand dollars paid to the State.  And then the remaining fifty plus an additional fifty would be put towards this Supplemental Environmental Project.  So, we are currently trying to get that negotiated.  We also are making preparations to go whichever way the State approves.

 

                             In addition to that up-front penalty, there are still about a dozen or so requirements that are left in the Permit that have to be met.  The order does establish what those penalties are for failing to meet those requirements for the remaining items.  That would bring the total penalty, if the City failed to meet all of those requirements in excess of $600,000.00.  However, everything is currently on track for being sure that we can meet those deadlines.  We feel confident that we will not incur any additional penalties above this up-front penalty and the possible Supplemental Environmental Project.  So, all of the dates that TDEC has used to establish what criteria we must meet in order to avoid those penalties, with the exception of one, were all taken from the timeline that the City developed in conjunction with the local TDEC Field Office.  The one date that was different was shortened by about three months, but it is not a significant impact to what we are doing.  We just had to restructure how we are tackling that one particular project.  But it has not created any large issues.  We still have the As-Found Program in September 30th of 2008 as the final individual requirement that must be met.  The Order also went on to say that full compliance with all the provisions of the Permit must be met by December 31, 2008.  So, right now we have the individual milestones along the way with a final target date of showing complete compliance with the Permit by December 31st of 2008. 

 

                             I just wanted to bring that to the Board’s attention and will be glad to answer any questions anybody may have about the Order or the penalties.

Jim Moegling:     In terms of the additional penalties; those would be assessed on individual milestones or at the total end of 2008?

Bill Payne:           They would be assessed at those individual milestones.  As you have an opportunity to look through the Order, it is actually set up and structured so it is twenty thousand dollars for failing to meet this one item by this date.  And so, we would have to meet those individual target dates to avoid different portions of the penalty.

Harry Tate:          Bill, on the hundred thousand dollar up-front penalty, I noticed that the State was giving thirty days for payment of that up-front penalty which would be this week. 

Bill Payne:           Yes. 

Harry Tate:          I know you said the City is in negotiations with them.  Will those negotiations be complete during this week? 

Bill McDonald:    I have been talking with the TDEC attorney in Nashville that is handling this and he expects to have the revised Order by early this week and giving us the opportunity to get a check in to them by the end of this week.  It is due in by the 15th.  So we expect to be able to conclude that by that time.  We are making preparations so that, in the event that it doesn’t work out, we will be able to meet that deadline. 

(At this point, Mike McMahan joined the Board meeting)

IV.    Civil Penalty Appeal.

        Jim Chapin (Cummings Cove)

*A full copy of all testimony is available at cost from Lori Everett, Everett Reporting Associates, LLC.

 

Jim Moegling:     Okay, the next thing on our agenda the civil penalty appeal. 

                             A couple of things just to housekeeping:  We will have people that testify to swear in.  Come to the microphone so that Carolyn and Lori Everett can get all the words recorded.  Make sure you have signed in.  Carolyn has a yellow pad there for you to sign in.  Okay?  Have I missed anything?

Mike McMahan:   Well, whoever is going to testify needs to testify and raise your right hand and the court reporter will swear the witnesses. 

Lori Everett:       All witnesses please stand and raise your right hand.  Do each of you solemnly swear or affirm that the testimony you will be giving today will be the truth, the whole truth and nothing but the truth, so help you God?

Jenna Sells;        Yes

Mounir Minkara: Yes.

Jason Payne:      Yes

Jimmy Chapin:    Yes

Douglass Stein:   Jim, I have business interests with Mr. Chapin, and, as I have I have told you, I need to recuse myself during the course of this.

Jim Moegling:      We understand, Doug, and thank you.  Okay, Mo, I guess you are going to lead off.

Mike McMahan:   Identify yourself for the record before you

Mounir Minkara: Testimony and the following exhibits:

Exhibit 1-Powerpoint presentation (hard copies of        slides 1-20 shown on overhead).

                        Exhibit 2 -           Black and white plat from Betts Engineering.

                        Exhibit 3 -           Color photograph (lake shown)

                        Exhibit 4A – 4D (four colored photographs dated 05/02/2005 – dirt area)

                        Exhibit 5A – 5D (four colored photographs dated 05/02/2005 – dirt area)

                        Exhibit 6 – (colored photograph of lake)

                        Exhibit 7A – 7B (two colored photographs dated 05/02/2005 showing dirt road)

                        Exhibit 8 – (colored photograph dated 05/02/2005 showing dirt road)

                        Exhibit 9 – (colored photograph dated 05/02/2005 showing dirt road)

                        Exhibit 10 – document concerning approval of 149 acres

 

Testimonies were given by the following persons:

Mounir Minkara

Jenna Sells

William C. Payne

Jason Payne      

Jimmy Chapin

Steve Morse

 

When Mr. Chapin had finished testimony and the Board had examined the pictures that Mr. Chapin provided, a motion was made by Mr. Moegling to adjourn to the site.  The motion was seconded and approved.  Mr. Moegling then made another motion to continue this at the next meeting.  The motion was seconded and approved by the Board.  Therefore, a decision would not be made by the Board until they made an in-person site visit meeting at 5:15 at the entrance of Cummings Cove and convened at the June 13, 2005, regular meeting of the Stormwater Board.  Board members (except for Mr. Jackson) met on-site.

 

V.     Adjournment.