Saturday, August 18, 2007

Written 8/18/2007

Guessing When BOC Will Act On Rocky Branch

It’s a guessing game as to whether the proposed expansion of Rocky Branch sewage treatment plant will be on the Board of Commissioners’ agenda on August 28.

Utility Department Director Chris Thomas is quoted in the August 16 issue of The Oconee Enterprise saying that the BOC will vote on that night on the issue.

BOC Chairman Melvin Davis, in an e-mail message sent to me this morning, said: “At this point in time I do not plan for this topic to be on the agenda for the 8 28 07 meeting.”

The County has not yet posted the draft agenda for the meeting.

Davis’ clearly would like to minimize citizen comment on the decision, and his record of providing details about what he plans to ask the Board to do on the issue isn’t very good.

On July 27, in response to a letter I sent him, Davis sent me an e-mail saying the “Utility Department will provide an update on this possible upgrade of the LAS site, to the Board of Commissioners at the Agenda setting meeting next Tuesday evening, the 31st of July.”

The draft of the Agenda for the Board of Commissioners posted before the August 7, however, indicated that the Board would "Consider approval of the LAS Design Proposal and Sewer Policy Clarification."

I objected in an e-mail I sent to Davis and the other Commissioners on August 5 on the grounds that citizens had not had a chance to review the bids, which had been opened only on July 31.

Davis wrote back the next day, saying:

“The item on the agenda for 8/7/07 does indicate action on the design for the facility. However, staff has indicated that with an RFP (Request for Proposals), negotiations may take place with the recommended vendor in order to clarify tasks, costs, etc. This will allow the Board of Commissioners and the public to have complete knowledge of the scope of the Proposal. At this point staff has not met with the vendor to qualify and clarify expectations. I expect staff to recommend to the BOC that negotiations take place and return to the BOC with specific tasks and costs associated with those tasks. In fact, this recommendation was made by staff to me and forwarded to the Board on 8/3/07.”

Despite this reassurance, Davis sought action on the recommendation by Thomas at the August 7 meeting that the County award a design contract for the plant expansion. The BOC, however, refused to take action.

The draft of the minutes for the meeting, posted on the County’s web site, explains the BOC inaction as follows:

“Utility Director Chris Thomas reported the Review Committee had completed its review of the three proposals for the Rocky Branch engineering upgrade and recommended the use of Jordan, Jones & Goulding (JJ&G) for the design of the upgrade to the Rocky Branch Water Reclamation Facility. By consensus, no action was taken on this matter.”

Charlie Baugh, who is active in Friends of Barber Creek and attended the August 7 meeting on the group’s behalf, put it this way:

“Thomas made the presentation and recommended JJ&G. The recommendation to the BOC was to allow the staff to negotiate the terms and work to be done and a final price for the design work.

“Davis called for motions, and there was a deafening silence. No one moved or said a word. Then Davis asked why there were no motions. (Commissioner Chuck) Horton said he would not vote for JJ&G to do anything. Then (Commissioner) Margaret (Hale) said she did not think it appropriate to continue until the Board had voted to do the expansion. (Commissioner Don) Norris was silent. Davis then said that since the Board was not ready he would defer the item to a later meeting. At that point (Commissioner Jim) Luke said he is for some level of expansion of the LAS site.”

Davis and his Utility Department have been pushing this project for two years, and Davis has tried to calm citizen concerns about it since they first arose in October of 2004. That was when some of us learned that the plant expansion would result in the discharge of treated sewage into Barber Creek.

It is at least possible Davis will try to get the BOC to take action again on August 28.

In rejecting a request by the Board of Directors of Friends of Barber Creek for a meeting with the BOC before any action is taken, Davis wrote on August 6 that the Board had already heard enough from citizens but “when a decision is made by the Board to upgrade the LAS site, a period of public comment will be allowed.”

Those of us who want to ask the BOC to protect the creek from flooding, treat the water to the highest standard the technology of the proposed plant will allow, and agree to independent monitoring of the plant will have to be prepared to make those requests in the “period of public comment” Chairman Davis says he will allow.

And it appears we’ll have to keep guessing when that will happen.

Wednesday, August 15, 2007

Written 8/15/2007

Chairman Davis Denies Request for BOC Meeting

Melvin Davis, chairman of the Oconee County Board of Commissioners, has rejected the request of Friends of Barber Creek that he schedule a public meeting so citizens can discuss the proposed expansion of the Rocky Branch sewage treatment plant with the Board of Commissioners.

Davis wrote that the Board of Commissioners already has done enough to get input from the public and has addressed the concerns raised by the Friends of Barber Creek.

"I see no need to have an additional public meeting," Davis wrote in a letter dated August 6, 2007.

Davis said the Board of Commissioners has discussed the Rocky Branch facility at six meetings, two in 2004, two in 2005 and two in 2006, and held three public meetings on the proposed expansion.

One of those public meetings–in December of 2006–was actually a hearing citizens had requested with the state Environmental Protection Division (EPD), not the BOC.

The public notice telling citizens about the March 2006 hearing did not mention that plant expansion would result in discharge of treated sewage water into Barber Creek.

The BOC meetings dealt with permits and other preliminary actions. The BOC never has voted to expand the plant.

The County received a permit from the EPD in April of 2007 to begin discharging 1 million gallons per day (MGD) of treated sewage water from the Rocky Branch plant into Barber Creek when the plant is expanded.

The Board of Friends of Barber Creek wrote to Davis on July 17 requesting the opportunity to ask the members of the Board of Commissioners, should they decide to expand the Rocky Branch sewage plant, to:

1 Agree to hold discharge water from the Rocky Branch sewage plant in storage facilities when Barber Creek is flooding or threatening to flood, rather than discharge into the Creek;

2. Treat effluent from the Rocky Branch sewage plant to the highest level possible with the technology available and, at a minimum, to the level of treatment at the Hill Plant in Gwinnett County for water being discharged into Lake Lanier; and

3. Set up a system of independent monitoring of the Rocky Branch sewage treatment plant, its effluent, and Barber Creek.

Davis said "It is my belief that the BOC has attempted to get significant public input into this process" and has "responded positively to the three (3) concerns outlined in your letter."

Davis said the County has agreed that the holding facilities on the plant site "will be used to store treated wastewater during times of flooding" and that this requirement "was approved by EPD."

In fact, the EPD permit, which the County received on April 2, 2007, makes no mention of holding facilities and places no restrictions on release of water into Barber Creek other than that the amount cannot exceed 1 MGD on a monthly average or 1.25 MGD on a weekly average.

Davis also contends in his letter that the new plant will use "the same standards as the Hill Plant in Gwinnett County."

In fact, the Gwinnett County facility is required to meet a higher standard than Rocky Branch for total suspended solids, ammonia, fecal coliform bacteria, total phosphorus and turbidity. For example, the Rocky Branch plant will be allowed to discharge water with a fecal coliform bacteria count of 23 per 100 milliliter, while the Gwinnett plant can discharge water with a fecal coliform bacteria count of only 2 per milliliter.

Davis said in his August 6 letter that the EPD "requires continuous monitoring" of the plant, but he does not state that this monitoring is done by the plant operators themselves.

Davis acknowledged that his decision to deny further public discussion could be overruled by a majority of the five-member Board of Commissioners.

Davis copied his response to the other members of the Board of Commissioners. None has written indicating disagreement with Davis’ decision not to hold a public meeting as requested by the Friends of Barber Creek.

The Rocky Branch sewage plant currently uses a Land Application System to treat sewage water, but that technique of spraying sewage water onto hayfields will be replaced by a plant with a membrane filtration system if Rocky Branch is expanded. At present, the County does not discharge treated sewage water into Barber Creek.

Davis’ response to the request for a public meeting on the Rocky Branch expansion contrasts strikingly with his response to the request from the Oconee County Chamber of Commerce earlier this year that the County consider approving beer and wine sales at restaurants.

Davis held lengthy public meetings on that issue in May and June, although, at this point, the BOC has not voted on the issue.

According to Davis’ letter, "when a decision is made by the Board to upgrade the LAS site, a period of public comment will be allowed."

The Board of Directors of Friends of Barber Creek had asked that Davis "schedule a public meeting at which those of us concerned about the health of Barber Creek are given a chance to discuss with the Board of Commissioners announced plans to expand the Rocky Branch sewage treatment plant."

It seems it matters quite a lot which group makes the request for the courtesy of meeting with the BOC.

Sunday, August 05, 2007

Written 8/05/2007

County Asked to Take Another Step Toward Rocky Branch Upgrade

Chairman Melvin Davis has put on the agenda for late in the August 7 meeting of the Board of Commissioners an item that could have a big impact on Oconee County, and particularly on those who live along and care about Barber Creek.

The Board will be asked to "Consider approval of LAS Design Proposal and Sewer Policy Clarification."

This will come up after the Board considers eight rezones, including a controversial one on Old Barnett Shoals, and makes appointments to five County committees, including the Planning Commission.

This would seem to be an inappropriate time to decide on a project very conservatively estimated to cost $6 to $8 million and make decisions about how the sewage capacity gained from the proposed upgrade will be allocated between commercial and residential users.

Citizens will not get to see the bid until the meeting and will not know about the proposed sewage use policies until some proposal is announced at the meeting. It seems there will be little discussion of options.

I've written to Mr. Davis asking him to delay any decision on the important project. The text of my letter is below:


August 5, 2007

Dear Mr. Davis:

The draft of the Agenda for the Board of Commissioners meeting on Tuesday, August 7, indicates that, under Item 7, the Board will "Consider approval of the LAS Design Proposal and Sewer Policy Clarification."

I ask that the Board take no action at this time on these items.

At the July 31, 2007, meeting, Mr. Chris Thomas, assistant director of the Utility Department, indicated that he and his three designated reviewers would complete their evaluation of the three submitted bids for Engineering Design and Support for the Rocky Branch Water Reclamation Facility Upgrade only on August 2, and that he would not make his recommendation public until August 7.

As a result, citizens will not have had a chance to see the bids until the August 7 meeting. As is clear from the Request for Proposal itself and from the comments Mr. Gary Dodd, Utility Department director, at the July 31 meeting, the bid covers construction management and bidding, in addition to engineering design.

As a consequence, rather than merely making a decision on the bids, the Board is really being asked to make a decision on a project with an expected total cost of $6 to $8 million, according to the RFP.

In addition, the bid does not cover the full scope of work needed to upgrade Rocky Branch. As stated on page 7 of the RFP, it covers only work within "the treatment facility property boundary." The County must build a pump and pipe to get the treated water to Barber Creek, about a mile from the property, and the extensive water distribution network required to operationalize the "reuse" component of the plant.

As a result, the total cost for this project is going to be far in excess of $6 to $8 million.

In addition, on pages 1 and 6 of the RFP, bidders are advised that they should make provisions for an eventual upgrade of the Rocky Branch sewage plant to a 2 million gallons per day capacity, not the 1 MGD covered in the bid. So the decision actually has ramifications beyond the bid itself.

Mr. Dodd said at the July 31 meeting that he wanted to ask the Board to provide policy regarding the use of the new sewage capacity that the Rocky Branch plant will produce. He suggested an even split between commercial and residential use of the new plant’s capacity. During the discussion that followed, however, a number of options were discussed, including setting aside some of the new capacity for existing subdivisions now on septic systems.

In fact, in an e-mail message from Mr. Dodd to County Administrative Officer Mr. Alan Theriault on March 21, 2007, Mr. Dodd indicated that 391,340 gallons per day out of the existing 400,000 gpd of capacity at the existing Rocky Branch plant has "been sold (committed)," with a breakdown of 60% commercial and 40% residential. To get to a 50-50 split for the whole plant, as he suggests in the memo, more of the new capacity would have to be set aside for residential use. But Mr. Dodd also said in that e-mail that the BOC could decide "that they do not want any of the upgrade allotted for residential."

Citizens, who will learn first on August 7 what the Utility Department proposes, should have a chance to review these options and offer comment on them before the Board votes.

At the July 31 meeting, Mr. Dodd also raised the question as to how the Utility Department will set up its financing so that water customers in the County do not subsidize sewage customers, since there will be many more of the former than the latter. This, in addition, is an important issue for the Board to debate.

The list of questions in need of debate, however, is even longer. As you know, Mr. Thomas informed you in an e-mail message of April 2, 2007, that the county has a new wasteload allocation for the Calls Creek sewage treatment plant, "allowing us to expand to 1.5 MGD pending an antidegradation review." So the County could decide to expand Calls Creek rather than Rocky Branch.

In addition, the County received in June of 2006 a wasteload allocation to discharge up to 2 MGD of discharge water from the Rocky Branch plant into the Apalachee River. This option was never explored, but it would seem to be appropriate to discharge into the Apalachee if the County goes forward with the Hard Labor Creek reservoir plans. That reservoir, as you know, would draw water from the Apalachee downstream from the proposed discharge site, meaning that the County truly would be recycling the water it uses.

The fundamental problem is that the County has never debated and adopted a version of the February 2005 wastewater master plan produced for the County. That plan calls for the upgrade of the Rocky Branch plant only as a short-term solution to the need for additional sewage capacity in the County. The report recommends that the County move its sewage treatment facilities to the Oconee River, an option that still remains viable if the County were to work with Clarke County or seek a waste load allocation for alternate locations along the river.

I wrote to you on July 17 and informed you that the Board of Directors of the Friends of Barber Creek wishes to have an opportunity for citizens to voice their requests to the full Board of Commissioners regarding the upgrade of the Rocky Branch sewage plant. Specifically, we are asking that the Board of Commissioners:

1. Agree to hold discharge water from the Rocky Branch sewage treatment plant in storage facilities when Barber Creek is flooding or threatening to flood, rather than discharge into the Creek;

2. Treat effluent from the Rocky Branch sewage treatment plant to the highest level possible with the technology available and, at a minimum, to the level of treatment at the Hill Plant in Gwinnett County for water being discharged into Lake Lanier; and

3. Set up a system of independent monitoring of the Rocky Branch sewage treatment plant, its effluent, and Barber Creek.

At this time, you have not responded to this request, other than acknowledge receipt of it via an e-mail message on July 27. If the Board of Commissioners approves one of the bids on August 7, it will mean that the County will have to go back to the bidder at a later time and ask for modifications to meet the first two requests above.

For all of these reasons, I ask that the Board of Commissioners take no action regarding the upgrade of the Rocky Branch LAS at the meeting on August 7.

I thank you for consideration of this request.

Sincerely,



Lee Becker, President
Friends of Barber Creek
1050 Scott Terrace
Athens, GA 30606 (Oconee County)
706 548 1525
lbbecker@mindspring.com