Thu
Jul 19 2007
05:01 pm

Cagle tells it like it is on the stormwater ordinance:

(link...)

knoxvegas99's picture

Cagle tells it like it is

Great analysis, plain talk, should be faxed/e-mailed to every commissioner or (better yet) every registered voter.

Larry Van Guilder

renee's picture

Enforcement and concrete pipe

I'm happy to see that there is a discussion on the stormwater ordinance! As to the concrete pipe: a local supplier of concrete that would receive a direct benefit from the passage of this ordinance requiring concrete pipe hired a Nashville PR firm to increase support. This firm has called me (several times), my board, several staff to get us to weigh in favor of concrete pipe. For the record, we don't have a position. There is so much more wrong with that ordinance, concrete just isn't making it to the top of the list. Once they realized that we weren't going to help them, they went after SPEAK the UT environmental group. That website, protectknoxcounty, I suspect is their product. I am a little annoyed that a comment from me is posted on that site without my permission.

To enforcement: The county doesn't enforce the current ordinance. Do we think they are going to enforce the new one? Perhaps not. Enforcement actions are supposed to pay for the enforcing agencies time and resources. Enforcement actions are supposed to be paid for by the person/business that skirted the law. Under the federal Clean Water Act, enforcement actions, penalties and fines are required to deter future illegal actions. In other words, it is supposed to hurt. The county could easily pay for more officers if they would level appropriate fines. We would probably not need a stormwater authority, if the county was collecting said fines. If we found that we needed to create a stormwater authority to, say, manage stormwater structures such as sediment ponds that are under the counties control, than perhaps an authority would be appropriate. We say enforce first. Let the development community know that polluting Knox Counties already sedimented streams will not be tolerated and I'm thinking they'll shape up. Why is the taxpayer required to clean up developer's mess?

We have many, many issues with the proposed ordinance. To check out what we think, go to:
(link...) Then scroll down to "Ragsdale, Wuethrich Jeopardize Clean Water and Individual Property Rights". There are technical memos that we have submitted to the county. They have been largely ignored. Our favorite item in the ordinance is the one that allows the county to deed the stormwater structure (like a detention/retention pond) to the adjacent landowner and thereby getting out of the responsibility to maintain it.

Renée Victoria Hoyos - Executive Director, Tennessee Clean Water Network

Brian Hornback's picture

Frank Cagle

does not have a reputation of Bias and distortions. I respect Frank. I would respectfully disagree that it is so simple that if a Commissioner votes against concrete pipes that he or she is developer friendly and bought for by the developers. Look at their entire individual voting record to see if they are always with the developers then slap the developer label on them.

A few questions and I hope you all will treat me nicely in this debate. I could care less personally about concrete pipe but "devil's advocate" questions for all of us to ponder.

1) Who sells and supplies Concrete pipe in this area? Are there multiple vendors? Will this vote enrich a specfic vendor or vendors?

2) What about the reccomendation of Marvin Hammond from HallsDale Powell Utility Disstrict?

Marvin whom I respect has been in the water utility business along time. He said at one of the county commission budget hearings that PVC is the best pipe to use.

lotta's picture

I'll treat you nicely.

I'll give you points for looking at the entire voting record before making the developer friendly call but I must respectfully ask that you step away from the dreaded concrete consipiracy theory. This is just a way to muddy the issue and distract us from the real issue at hand - What material is best for the safety & well-being of citizens?

Concrete pipe is best in many situations - sometimes PVC will do. I know Marvin & I don't think he would say that PVC is the best pipe to use in all situations.

rikki's picture

deeper distraction

This is just a way to muddy the issue and distract us from the real issue at hand - What material is best for the safety & well-being of citizens?

The real issue at hand is water quality and flooding. Concrete vs. other materials is a distraction from those more basic issues.

The primary supplier for precast concrete pipes is in Chattanooga, and their nearest competitor is in Kentucky south of Lexington. Neither will be enriched by this ordinance because concrete pipes are only required in specific circumstances. The market created by this ordinance is not large enough to enrich anyone. If it were, the KY company would become more active in the area or a competitor would establish another precast concrete plant.

The real issue is widespread sedimentation of county streams, sloppy land-use practices and inadequate county engineering staff, not to mention developers too lazy to notice they can save much more money than concrete pipes cost by putting more thought into site plans and by adopting better stormwater engineering practices. Plus, people will pay more for homes if the nearby creeks are healthy enough for their kids to explore in and mature trees are left standing.

lotta's picture

Muddy Waters

Agreed Rikki but my comment was directed towards the vote - not the specific environmental issues.

Commissioners should be thinking about the consequences of choosing the wrong materials and vote accordingly. It's obvious that developers are lobbying hard to put a stop to concrete - thus the long line of speakers against from HB and Lumpy's dramatic use of the word MONOPOLY.

The use of concrete where needed is a cost that developers will ultimately pass on to consumers. Using the wrong materials/building practices can result in more costly infrastructure failures, personal losses, etc. These costs will be passed along to taxpayers when the developer is long gone.

Bbeanster's picture

Rikki is correct.It's not

Rikki is correct.
It's not just about the pipes, and I agree with every single point he made -- although, I'd add an element of corruption into the mix. Can't overlook that.

But when you see a technical issue become so extremely visible and being lobbied like crazy, it kind of can't help but become the symbol for this whole issue.

Pickens's picture

Mr. Hornback: Frank Cagle

Mr. Hornback: Frank Cagle does not have a reputation of Bias and distortions.

I thought you went all postal when he wrote in Metropulse that you hadn't gotten a single call asking you to reconsider being Knox County GOP chair.

bill young's picture

Brian help me on this

I dont know Mr Hammond but if he is an older gentleman that walks with cane he did speak @ a budget hearing concerning his ideas of concrete vs PVC.He made comments in favor of PVC.

I remember the gentleman because he stood at the podium for a long long time without being allowed to speak because the mayors office & the commissioners were asking questions of each other concerning credit cards.I thought them to be rude for asking him to speak & then ignoreing him.

Before one says to much I would advise you to speak to Mr.Hammond.This gentleman is well versed on water problems.

I agree with Frank but Brian has a point with respect to Mr.Hammond

D Mac's picture

Aren't campaign

Aren't campaign contributions public record? Can any person or reporter find out exactly who has funded each current commissioners campaign?

lotta's picture

Pipe options

Some things to mull over re:Pipe choices

(link...)

Bbeanster's picture

The bottom line here is that

The bottom line here is that an engineering decision is probably going to be overridden on a motion made by a politician with a high school education and a bottomless appetite for developer money.

The concrete pipe standard is supported by the engineering departments of both Knox County and the city of Knoxville. It is opposed by the homebuilders association and by developers.

I have heard that there's a good chance that the city will sue under the terms of the 2001 Growth Policy Act if County Commission amends the concrete pipe requirement out of the ordinance. I do not know for sure that this will happen, but the county has been pretty much ignoring its legal obligations in this regard for years now, and the city would be within its rights to sue the county for not living up to this binding legal agreement.

Sandra Clark's picture

The Money Tree

Aren't campaign contributions public record? Can any person or reporter find out exactly who has funded each current commissioners campaign?

Hello-o-o-o. You'll find commissioners all over town throwing a fund-raiser, packing the room with "comp" tickets, then declaring $5,000 or $10,000 in donations of less than $100 -- the amount at which you have to report.

I calculated Larry Smith's disclosure and discovered that literally hundreds of people would have had to give him "less than $100" to equal the amount of undisclosed money he spent.

Sure, you can go copy the disclosure forms, but what's to say they are accurate and complete? -- s.

Anarchist's picture

Let the Engineers Decide

Write the ordinance to allow the professional judgment of the professional engineers employed by the developers be used to select culverts and pipes (based on geotechnic, hydrologic, hydraulic, etc., site conditions and traffic design basis)! Also put in the ordinance a requirement that if the culvert or pipe fails, THE DEVELOPERS AND THEIR ENGINEERS will be jointly and severably liable for the financial burden for the repair!

Don't leave the decision to marketing majors, insurance salesmen, English teachers, and those barely escaping high school with a diploma! Let the engineers do their jobs!

Cletus's picture

"Also put in the ordinance a

"Also put in the ordinance a requirement that if the culvert or pipe fails, THE DEVELOPERS AND THEIR ENGINEERS will be jointly and severably liable for the financial burden for the repair!"

And if there's failure after say 30 years and all those developers and engineers are not around (whether deceased or retired), what then?

Anarchist's picture

RE: Also put in the ordinance

Add a requirement for a performance bond in the ordinance...like many states do for private developers of landfills (for landfill liner failure, leachate collection systems, etc.)...that should help with repairs....

Was in a hurry this morning and failed to mention this approach.

However, proper design, construction QA, and maintenance should will result in few repairs over the designed lifespan.

Nelle's picture

Road to no one

Typically developers turn the streets they've constructed over to the local government when a development is complete. The government is then responsible for operations and maintenance. I don't see how that would be compatible with holding the developers responsible for repairs. Better to set appropriate standards and make all developers stick with them.

And !! back atcha :)

smalc's picture

We're not talking about PVC

We're not talking about PVC vs concrete here. Nobody would use PVC as a culvert (and get approval from any engineering dept). High density polyethylene pipe has a very good service record. It is, in fact, used as a spillway in numerous high hazard dams. It is preferred due to issues with leakage at concrete pipe joints.

As someone above said, the decision should be left with a professional engineer. They could evaluate the loads, life expectancy, and hydraulic capacity to determine if concrete is warranted.

lotta's picture

In a perfect world

As someone above said, the decision should be left with a professional engineer. They could evaluate the loads, life expectancy, and hydraulic capacity to determine if concrete is warranted.

That works in a perfect world where engineers and regulators aren't controlled by political pressures. Unfortunately, that is not the case in Knox County.

knoxnative's picture

Check This Out

This is why the ordinance needs to be passed as written:

www.protectknoxcounty.org

Nelle's picture

Who's site?

I'm curious who's behind this website. It looks very professionally done. I couldn't find any "about us"-type info.

Anyone know?

Bbeanster's picture

It's done by the concrete

It's done by the concrete pipe people.

But those clips are legit -- TV news reports from Atlanta, Baltimore and Knoxville of actual corrugated metal pipe disasters.

Mike Cohen's picture

Mike Cohen

Let's not pretend this is good policy. The original TetraTech report, acting only on science and engineering data, not only recomended that the County allow different types of pipe, but also made this recommendation:

Recommendations to the City of Knoxville: Allow more flexibility in the use of pipe materials. Tetra Tech would recommend that the city consider allowing flexibility in the use of reinforced concrete, high density polyethylene or corrugated metal in the construction of pipes.”

The city had it changed saying it wasn't part of what the consultants were supposed to review. So if you want to enact policy based on sound engineering and science, you vote for flexibility, not allowing only concrete.

edna waters's picture

Let's not pretend this is good policy.

And let us not pretend that lobbyists are not at work here. I have a copy of the report and I have a memory.

It's my understanding that Mr. Cohen is employed by the HB as a lobbyist - is this true?

Mike Cohen's picture

Lobbying

Yes, I do work for the Homebuilders Association. I should have pointed it out in my original post and apologize for not doing so. I know msot folks know so I just forgot. Not trying to keep it a secret. Nor does it impact what the original consultants said: the county should maintain flexibility and the city should change it's policy. That recommendation had NO politics attached. It got changed for political reasons...but if everyone agrees Tetra-Tech's advice should be followed, then let's follow their true non-political advice.

rikki's picture

flex

There is plenty of flexibility in the ordinance. In fact, it allows developers far more flexibility in site planning and stormwater engineering than they have had in the past. The only circumstance where a material is mandated is when the pipe will become the property of the public or of a homeowner's association.

I'm not sure Anarchist's solution is acceptable because I'm not sure how bonding works over the relevant time periods. If it works similar to insurance, I'll be the underwriter would require concrete pipes anyway. Likewise, a professional who is obligated to financially guarantee that a culvert will last 100 years is going to install precast concrete.

The bottom line here is that some developers can not be trusted to install a functional silt fence, where the materials are hay bales, wooden stakes and sheets of plastic. If they can't get something that cheap done right, what grounds do they have for asking us to trust them to build a long-lasting culvert correctly?

Rachel's picture

The bottom line here is that

The bottom line here is that some developers can not be trusted to install a functional silt fence, where the materials are hay bales, wooden stakes and sheets of plastic. If they can't get something that cheap done right, what grounds do they have for asking us to trust them to build a long-lasting culvert correctly?

This is kind of my deal wrt the concrete. Concrete pipes aren't necessary for everything. My engineer husband thinks the City has too rigid a position on concrete. And I agree that professional engineers are in the best position to evaluate what's needed in any given situation. The problem is that the engineers are getting paid by developers who probably aren't saying "tell me what's really need for this situation," but rather "tell me what's the cheapest thing I can legally get away with."

Requiring concrete when the pipe will be handed over for maintenance to the public or a homeowner's association seems reasonable to me.

BTW, Rikki's larger point about the real problems with stormwater is well taken (so is Cagle's larger point about who County Commission is beholden to). And until Knox County decides to do real enforcement, all the ordinances in the world aren't going to make much difference.

"If we want to revitalize our towns and protect our countryside from sprawling development, we should renovate our older schools, not throw them away."
-- Save Our Land, Save Our Towns President Thomas Hylton

edna waters's picture

And until Knox County

And until Knox County decides to do real enforcement, all the ordinances in the world aren't going to make much difference.

So true. Unfortunately, the plan is to throw $$$ at the problem via SW utility fee.

Rachel's picture

So true. Unfortunately, the

So true. Unfortunately, the plan is to throw $$$ at the problem via SW utility fee.

You can't say in one breath we need enforcement and then say in the next you're unwilling to pay for it. Well, you can, but it's illogical. A stormwater utility fee makes sense.

"If we want to revitalize our towns and protect our countryside from sprawling development, we should renovate our older schools, not throw them away."
-- Save Our Land, Save Our Towns President Thomas Hylton

edna waters's picture

No, the SW utility fee is

No, the SW utility fee is not intended to fund enforcement.
That's something that we've already paid for and have yet to receive.

I support the SW Fee (within reason). I don't support spending $$$ to repair/maintain/clean up problems that could be avoided.

Rachel's picture

Stormwater Enforcement

That's something that we've already paid for and have yet to receive.

We've paid for a small level of enforcement which I agree we're not getting. But to enforce these regs the way they need to be enforced will require a big increase in staff - and that means more $$$.

"If we want to revitalize our towns and protect our countryside from sprawling development, we should renovate our older schools, not throw them away."
-- Save Our Land, Save Our Towns President Thomas Hylton

rikki's picture

funding

Another way to fund better stormwater engineering would be through incentives and easements. There are all sorts of innovative approaches for stormwater management included in the new ordinance and the accompanying engineering manual, but they are optional. The county could create tax credits for pervious surfaces and similar features or easements for forested buffers and uncleared land.

smalc's picture

but rather "tell me what's

but rather "tell me what's the cheapest thing I can legally get away with."

Yes, that is true. But, if we assume the codes/ordinances are good, what's wrong with that?

And until Knox County decides to do real enforcement, all the ordinances in the world aren't going to make much difference.

You've hit the nail on the head there.

Anarchist's picture

Politics?

Letting experienced PROFESSIONAL engineers design according to site conditions and expected usage and the use of experienced construction companies having good construction QA/QC programs is the answer to this question...allowing those with NO EXPERTISE in this area (that includes EVERYONE on County Commission) to make decisions about technical matters for which they are NOT TRAINED or LICENSED, vis-a-vis materials selection, design, and construction methods, etc., is not the answer. Write an ordinance with flexibility and allow the PROFESSIONALS to do their jobs! Include joint and several liability and performance bonds in the ordinance (see my earlier comment re: performance bonds). Get the uninformed and uneducated out of the decision-making process since they are, by definition, not competent to make these decisions!!! Doing this will allow the occurrence of appropriate decision-making concerning technical matters and will get these types of decisions out of the hands of the self-appointed "experts" on the Commission!

Do you really want someone nicknamed "Lumpy" making these types of decisions?

Brian Hornback's picture

Bill Young

You are correct in the fact that marvin Hammond is the gentleman with the cane that was held at the podium, who did speak in favor of concrete. I would agree that someone should get Mr. Hammond's objection to concrete on the record.

Sandra, you said "Hello-o-o-o. You'll find commissioners all over town throwing a fund-raiser, packing the room with "comp" tickets, then declaring $5,000 or $10,000 in donations of less than $100 -- the amount at which you have to report."

You certainly should know after having been Mary Lou's campaign manager for 20 plus years. Mary Lou had similar fundraiser's.

Sandra you went on to say "I calculated Larry Smith's disclosure and discovered that literally hundreds of people would have had to give him "less than $100" to equal the amount of undisclosed money he spent."

Just as you did opposition research on R. Larry. I am sure that R. Larry's oppostion research persons looked at your candidate's disclosure as well.

and then you said "Sure, you can go copy the disclosure forms, but what's to say they are accurate and complete?"

Are all the forms for your candidate accurate and complete? I am sure they are.

Just some thoughts.

edens's picture

Anarchist, I think you ought

Anarchist, I think you ought to change your name to Technocrat.

Brian Hornback's picture

Pickens

I forgot to respond to your comment and question. I did not in your words "go postal" I simply reported fact. Had Frank called me to ask the question. The story would have been written differently. I can overlook one mistake. Because Frank does not have a reputation for getting it wrong, for reporting with bias and the publications that he does/has worked for do not print gossip and lies.

How can any reporter(s) have any credibility when the paper are they are employed with prides itself on printing gossip and lies every week. It brings into question every story and every word that they write and report on.

Mike Cohen's picture

Stormwater and pipes

The comments are enforcement are correct. Most homebuilders, certainly those active in the Association, want to do things right. What the new ordinance should and will do is require a plan that addresses stormwater issues to the County's approval, then make sure the development is built as planned. There should be flexibility on pipe (as the consultants concluded) but not on flow, capacity or water quality...none of which are affected by the type of pipe.

Mike Cohen's picture

Enforcement

The County funded two new stormwater inspectors and vehicles for them in the field, in the new budget. It will take more than two, but that's the start this year.

Bbeanster's picture

Read Joe Sullivan's excellent column in this week's MP.

I think what Ms. Waters is getting at is that this ordinace will cost FAR more to enforce than the county is admitting. Drive around the county on any day of the week and you will see that we don't even enforce the regs we've got now. And way more than two new stormwater inspectors will be needed to enforce the allegedly more stringent new regs.

We're talking about charging every county resident per square foot of impervious** surface -- roofs, driveways, sidewalks etc. But it's going to take more $$ than that'll raise.

**Edited on account of smart-alec Van Guilder

mbradley's picture

Insert nepotism joke here...

Ennui's picture

The price of the lobsters

The price of the lobsters probably won't cover that.

Brian Hornback's picture

Beanster

will the new regs if approved in August be in effect for the development out near Washington Pike?

Brian Hornback's picture

Will

these regs when approved only effect developments after the regs are approved or are there some developments that would have to be modified to be in compliance thus the regs would be retro actively imposed?

knoxvegas99's picture

imperious surface

...charging every county resident per square foot of imperious surface

Bean, I know you meant "impervious," but I love the image your word evoked. If the "imperious surface" taxpayers were charged for included the City/County building, Bill Gates couldn't foot the bill.

Larry Van Guilder

knoxvegas99's picture

"imperious"

**Edited on account of smart-alec Van Guilder

The spelling police always get their man! (or woman)

Larry Van Guilder

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