Water Resources Board

MINUTES MURFREESBORO WATER RESOURCES BOARD August 30, 2022 The Murfreesboro Water Resources Board met on Tuesday, August 30, 2022 in the conference room at the Operations and Maintenance Building, 1725 S. Church Street. Present at the meeting were Board members: Mr. John Sant Amour, Dr. Al Carter, Mr. Ron Crabtree, Ms. Sandra Trail, Mr. Brian Kidd, and Mr. Kirt Wade. Also present were Darren Gore, Doug Swann, Valerie Smith, Michele Pinkston, Roman Hankins, Sarah Mathews, Alan Cranford, Joe Russell, John Strickland, Donald Hughes, Matt Powers, Josh Upham, Adam Todd, Randy McCullough, Marshall Fall, Travis Wilson, and Brent Fowler along with other members of the public. The Consent Agenda was presented to the Board for approval: A. Sewer Easement Abandonment at Community Care B. Barton Lawn Care Contract Amendment C. O&M International Dump Truck Purchase D. Magnolia Village Sewer Main Replacement Participation E. O&M Vehicle Purchase F. JBS Task Order 22-04, County Farm Bubbler Line Replacement G. JBS Task Order 22-05, WRRF Clarifier 3 Repairs H. SRWTP Lagoon Water Treatment Residuals Removal Contract Amendment I. SRWTP Vehicle Purchase A motion was made by Brian Kidd to accept the Consent Agenda as presented and it was seconded by Dr. Carter. The Board voted unanimously to approve. The July 26, 2022 Board Minutes were unanimously accepted as presented. The Board considered O&M Jet/Vacuum sewer cleaner purchase. The cost of the equipment on the Sourcewell contract with GAP-VAX through 502 Equipment located in LaGrange, KY is in the amount of $474,990. The total amount budgeted for this vehicle in the rate funded capital equipment for FY 2024 is $500,000. With the recent supply chain struggles, staff is requesting approval to enter into an agreement with 502 Equipment to purchase this truck with an expected delivery in 12 to 15 months. Staff recommended the Board recommend the City Council to approve the purchase of this equipment with funding coming from the Department’s working capital reserves and anticipated reimbursement from FY 2024 budgeted capital expenditure account. Brian Kidd made a motion to approve. Sandra Trail seconded. The motion unanimously passed. Page 35 Water Resources Board Minutes August 30, 2022 Page 2 The Board considered Ordinance 22-O-25, Petition for Pre-Existing Apartment Development to Redevelop with Higher Unit Count. Staff in conjunction with the City Planning and Legal Departments are proposing a modification to the City Code that allows for a developer to petition for a pre-existing apartment development to redevelop with a higher dwelling unit count given a reduction in total bedrooms given the expectation that less bedrooms will lessen the sewer discharged to the sanitary sewer collection system. The higher density but lesser sewage flow will not be required to go through the sewer allocation variance process. The Board previously approved a redevelopment of two apartment complexes to increase the number of apartment units while decreasing the total number of bedrooms. Since the Board’s approval of the two complexes, several other petitions have occurred by other apartment complexes. To avoid having to bring each petition forward for consideration and approval by the Board and City Council, the ordinance revision effectively allows the Water Resources Department to determine if a proposed project is likely to decrease the maximum daily wastewater generation allowance established for the pre-existing development by reducing total bed count while potentially increasing the number of proposed apartment units. This condition would remove a project from the criteria set forth in the sewer allocation ordinance which is crafted in anticipation of a higher unit count or higher density of units per acre increasing the sewer discharged into the system. If the Department concurs with a petition and finds that the sanitary sewer generated from the redevelopment is anticipated to decrease from its current sanitary sewer discharge, then staff would be able to approve the project and allow it to move forward for submission to the planning department and planning commission. Staff recommended the Board recommend to City Council approval of Ordinance 22-O-25. Sandra Trail made a motion to approve. Kirt Wade seconded. The motion unanimously passed. The Board considered Ordinance 22-O-30 retiring the Three Rivers Special Sanitary Sewer Assessment District. Three Rivers Special Sanitary Sewer Assessment District (SSSAD) is at 100% recovery as of December 2021; therefore, per existing City Code, the SSSAD is to be discontinued. The City adopted Ordinance 14-O-11 establishing a special sanitary sewer assessment district for the repayment of repairing sewer infrastructure, left in disrepair by the original developer of the subdivision, at the expense of the Murfreesboro Water Resources Department serving Three Rivers Section III area. Ordinance 15-O-17 amended the original Three Rivers assessment district so that the special assessment would be charged and collected only until such date as the City determined that all expenses had been repaid for all costs for said repairs. The Three Rivers SSSAD has fully recouped 100% of the cost of its Page 36 Water Resources Board Minutes August 30, 2022 Page 3 development and as such is recommended for deletion in the City Code. Section 33-213 will be deleted in its entirety and marked as “Reserved”. Staff recommended the Board recommend to City Council approval of Ordinance 22-O-30. Sandra Trail made a motion to approve. Dr. Carter seconded. The motion unanimously passed. The Board considered 519 Johnson Street sewer easement offer. Through the sewer rehabilitation contract, there is a sewer main replacement and upsizing project along Johnson Street. There is a section of existing 10” concrete sewer between two sections of 12”, therefore this portion of 10” is being upsized to 12”. A portion of this 10” sewer main extends from Johnson Street through the property at 519 Johnson Street. This sewer main was installed pre-1950, prior to the home on the property being built. This sewer is estimated to be five feet from the home and 14 feet deep, which will not allow staff to make any repairs to the sewer main should it collapse or fail in the future. It is for this reason staff would like to re-route the sewer main. Per the City’s Legal Department, there is an existing easement by prescription, which is not a recorded document, but simply a “right” for the sewer main to be there since the sewer main was installed prior to the home and has been in the ground for over 72 years. However, knowing that we cannot maintain the sewer at its current location, staff is asking for a 30-foot sewer easement on the east side of the property to re-route and replace the sewer main. The City’s Legal Department has determined $9,675 as an appropriate amount to offer for purchase of the easement. This valuation is comparable to the easement offers made based on appraisals of property associated with the TDOT Bradyville Hwy widening acquisitions. Staff recommended approval of the offer to purchase the easement in the amount of $9,675 and if the property owner does not accept the offer within a reasonable amount of time, moving forward with condemnation. This offer is recommended to come from the Department’s Working Capital Reserves. Brian Kidd made a motion to approve. Kirt Wade seconded. The motion unanimously passed. The Board considered Middle TN Association of Realtors (MTAR) connection fees. Per City Code, the Board is to recommend to City Council the sewer connection fees associated with building applications that do not fit into one of the designated categories as listed on the connection fee spreadsheet and similarly for water connection fees. The proposed MTAR is considered all event space and/or conference space so assessing their water and sewer consumption is not clear cut, and subsequently, the connection fees are difficult to establish. Therefore, staff would propose to charge one single-family unit equivalent as the minimum and then monitor the usage over the next 12 to 18 months. The developer has agreed to this approach and understands the Department will audit the actual water and sewer usage after the proposed time period. In the event that the facility is determined to have Page 37 Water Resources Board Minutes August 30, 2022 Page 4 used more than 260 gallons per day, additional connection fees will be charged the commensurate amount in single-family unit equivalency. Staff recommended the Board recommend to City Council approval of the initial water and sewer connection fees of $1,200 and $2,550 respectively and to re-evaluate the fees after 12 to 18 months of usage. Ron Crabtree made a motion to approve. Kirt Wade seconded. The motion unanimously passed. The Board considered Redeemer Classical Academy transfer of connection and assessment fees. The RCA school made a request to the Planning Department to scale back their proposed school building plans, to only build the office and gymnasium as permanent structures, and to build temporary modular classrooms at their proposed permanent location along Old Salem Road. The Planning Department would not support this, so RCA is in the process of entering into an agreement with Fellowship Bible Church (FBC) along Veterans Parkway to temporarily locate eight modular classrooms and to utilize six existing classrooms within the church. The RCA modular classrooms will be connecting to sanitary sewer, and they have paid the standard sewer connection fees of $24 per student and the Overall Creek Sanitary Sewer Assessment District fees for the eight modular classrooms. Staff estimated, and RCA paid, the single-family unit (SFU) equivalent for the modular building at 4 SFU similar to the usage of a day care, since food will not be prepared. RCA agrees that this SFU equivalent will be re-evaluated based on the extra water usage at the FBC, over and above the last year’s average and that additional OCAD fees may be due when they relocate to Old Salem Road. RCA made a request, since the FBC was a temporary location, for the fees to be transferred to their permanent location in the future. It is not the practice of MWRD to transfer sewer connection fees from one location to another, however, staff is requesting approval of this as an exception since RCA was denied a building permit and both properties are within the OCAD. In addition, RCA agrees to pay the additional fees associated with the Rockvale Sanitary Sewer Assessment District at the time they relocate to the permanent location. They also agree to pay additional standard connection fees and OCAD fees, per student, over and above the number of students already paid for. Staff recommended the Board recommend to City Council approval to transfer sewer connection fees and OCAD fees when the RCA moves to their permanent location. Brian Kidd made a motion to approve. Kirt Wade seconded. The motion unanimously passed. The Board considered Rutherford Crossing Water Quality Protection Area variance request. City ordinance states that variance requests be submitted to the Director of the Water Resources Department and heard by the Board. Since 2008, the Board has heard six WQPA variance requests. Page 38 Water Resources Board Minutes August 30, 2022 Page 5 The WQPA is a strip of undisturbed vegetation that borders a stream or wetland. The ordinance requires that in development and redevelopment adjacent a stream or wetland, those involved in the process of development preserve the WQPA. In this case, the WQPA is 35 feet wide. A streamside 20-foot zone must be left alone so that existing vegetation grows to maturity. The outer 15 feet is not to be graded or grubbed or any structures built, but the vegetation may be trimmed and/or mowed. This request for variance presents a plan of development that would result in 15,266 square feet of encroachment into a total 21,372 square feet of WQPA, or about 70% of the regulated WQPA. The Board may grant a variance for projects or activities where it can be demonstrated that strict compliance with the ordinance would result in extreme practical difficulty or substantial financial hardship. The applicant notes that the WQPA requirement has created a hardship on the site and makes it impossible to develop without variance. The applicant proposes a couple of ways to minimize and off-set the effect on the stream due to loss of streamside vegetative buffer:  to plant 19 trees and 50 shrubs and perennials within remaining buffer.  to reduce and slow runoff from the site to the stream by use of pervious pavers and grassy areas. Staff recommended a variance, with the provision that the developer perform those actions of mitigation that he presented and adheres to water quality standards. Ron Crabtree made a motion to approve. Brian Kidd seconded. The motion unanimously passed. Staff informed the Board of a letter to MWRD stakeholders notifying them of increased material pricing and longer lead times in receiving materials from suppliers which could cause delays beyond MWRD’s control in making taps and meter installations. Staff presented and discussed the Water Resources Dashboard Performance for July 2022. Staff presented the Financial Reports for the year ending June 30, 2022. There being no further business, the meeting was adjourned. ____________________________ John Sant Amour, Chairman Page 39