Watershed Simulation

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Watershed Simulation

   

Goal of the Exercise:

To familiarize you with the various environmental impacts, conflicts, and politics associated with a typical development project.  It will also help you to learn how to analyze policy proposals and to develop your skills of argument and persuasion.

The simulation is a role-playing exercise.  Every student will be assigned to a specific individual/group representing a different set of interests with disparate goals.  You are to assume the roles relevant to each individual/group, even if these roles are somewhat unfamiliar to you.  The exercise will conclude with a simulated Town Council hearing on the development application described in the following materials.  

  

Port Harbor Town Council Hearing:

IN THE MATTER OF BOB’S DEVELOPMENT COMPANY’S PROPOSAL TO DEVELOP 200 CONDOMINIUM UNITS, 2 TENNIS COURTS, SWIMMING POOL, HEALTH CLUB, CLUBHOUSE, LAUNDRY FACILITIES, AND PRIVATE MARINA WITH A GAS DOCK, BOAT RAMP, AND JET SKI AND SAILBOAT RENTALS ON 100 ACRES OF LAND ADJACENT TO PORT HARBOR.
  

Goal of the Public Hearing:

To evaluate the potential social, economic, and environmental impacts of the proposed development project on Port Harbor Bay.  At the close of the Public Hearing, the Town Council will vote on what actions, if any, it will take regarding this application.  Options include: 1) approving the development project as proposed; 2) denying the project; or 3) modifying the proposal with development restrictions or environmental controls designed to mitigate the environmental impacts; or, any other actions the Council believes prudent, within the parameters allowed by law.
  

Facts:

1.      The Township of Port Harbor contains approximately 120 square miles.  Unemployment is currently averaging 9%, approximately 3 times the state average. 

2.      Approximately 35% of the Township of Port Harbor is rural and undeveloped.  Much of this rural land is used for agriculture (mostly chicken farms and row crops), although farmers have fallen on hard times due to low commodity prices.  Recently, several farmers have sold their land to different developers. 

3.      Neighbortown is located across Port Harbor Bay.  It is much more urbanized due to the presence of a sewer system and it serves as the region’s commercial center.  Port Harbor and Neighbortown both have a heavy influx of wealthy summer tourists and many local businesses make most of their money during the May to September season.  This often creates a huge traffic jam along Rt. 2 during the summer and increases other problems such as crime.  In recent years, both traffic and crime problems have been on the increase. 

4.      The Township of Port Harbor provides public water to 60% of its residents from a community well.  The rest of the Township is served by private wells.  Recent studies suggest that some of these private wells may exceed the EPA’s nitrate standards, but the results were inconclusive.  Tests done at the community drinking water well indicate elevated nitrate levels but they are still below federal standards

5.      There are no town-wide sewer or municipal sewage treatment facilities within Port Harbor.  Instead, residents and businesses are served by septic systems.  However, Neighbortown has a municipal sewage treatment plant that discharges its effluent to Port Harbor Bay after secondary treatment (Exhibit 2).

6.      Port Harbor Bay is approximately 1,200 acres in size and lies within both Port Harbor and Neighbortown (Exhibit 1).  It is an estuary with 50% of its freshwater coming from Port River and Harbor River.  The other 50% of the freshwater is believed to come from groundwater discharge and surface runoff.  The Bay includes valuable shellfish beds that support a small commercial shellfishing industry.  The Bay also supports several important recreational fisheries and serves as an important nursery for several commercially important species.  The Bay includes sensitive wetland areas (Exhibit 1), although historically it is believed that as much of 2/3 of the Bay’s historic wetlands have been lost.  The Bay also has numerous areas of seagrass beds.  While they have not been mapped or monitored, there is some concern that the seagrass beds are declining and are being damaged by increasing recreational uses in shallow areas (e.g., boats and jet-skis).  The Bay has also experienced some erosion of shoreline and beachfront areas and sedimentation from the rivers.  As a result, several of the Bay’s main channels and existing marinas are in need of dredging. 

7.      The Bay is also actively used for recreational purposes such as boating, sailing, jet skis, water skiing, fishing, and swimming.  The summer tourism economy is heavily dependent on the continued viability of the multiple uses of the estuary.  In recent years recreational uses have increased dramatically and it is not uncommon for conflicts between different recreational uses to occur. 

8.      Port Harbor has a rudimentary zoning ordinance adopted in 1960.  It has no comprehensive plan.  The zoning ordinance divides the township into three zoning districts; residential, commercial, and industrial (Exhibit 2).  Residential uses require a minimum of ½ acres (20,000 sq. ft) per unit.  The subdivision regulations are considered to be inadequate and establish only basic requirements for road the placement of roads and utilities.  Commercial and industrial uses are broad; the ordinance only prohibits those uses involving the storage and disposal of radioactive materials.  Historically, the Port Harbor has encouraged light industry and commercial businesses targeted at the tourism economy.  There are no local ordinances designed to mitigate environmental impacts.  However, two years ago Port Harbor created a conservation commission whose mission it is to review the environmental impacts of proposed development projects.  The Town Council can act on the conservation commission’s recommendations and include development restrictions and stipulations if they help preserve and protect the public health, safety, and welfare and do not result in the taking of private property (i.e., they preserve some economically beneficial use of the land). 

9.      Three years ago, a group of local residents formed the Port Harbor/Neighbortown Alliance for Clean Water.  One of their first acts was to lobby the Town Council in Port Harbor to adopt environmental ordinances.  Instead, the Town Council chose to create a conservation commission described above.  The Alliance received some state funding to conduct a preliminary study of the Bay’s water quality.  The study delineated the watershed (Exhibit 3), calculated the flushing rate (approximately 80 times per year), bathymetry (mean depth = 5 ft), and provided some general water quality information.  The study revealed that a fish kill and algae bloom that occurred four years ago was likely due to eutrophication due to excessive nutrient loadings.  The data suggests that the Bay had elevated nutrient loadings the last four years, however, additional research is needed to better understand the sources of nutrients.  There are elevated bacterial loadings after rain events, but so far they have not warranted closing the Bay’s shellfish beds.   The study did not reveal any water quality problems due to toxics but there were small levels of pesticides and hydrocarbons. 

10.  The site of the proposed development is currently a farm that has been owned by one family for three generations.  The farm consists of 3 poultry houses (approximately 65,000 birds each) and approximately 90 acres of row crops that is often used for corn or soy beans.  The chicken manure is used as fertilizer on the adjacent farm with surplus fertilizer given to other farmers.  The farm contains no historic buildings, however, there is a path along the Bay’s shoreline that has been used by the public as long as anyone can remember to walk along the shoreline, fish, and harvest clams from the mudflats at low tide.  The owner of the farm has reached agreement to sell the 100-acre parcel to Bob’s Development Company at an undisclosed price.  The owner has decided to sell the farm because he is nearing retirement and his children have no interest in working the farm.  However, the sale is contingent on Bob’s Development Company receiving the requisite permits and approvals from the Town Council (they already received the necessary federal and state permits).

11.  At an earlier Town Council meeting, representatives from Bob’s Development Company described the general parameters of their project.  It involves developing 200 condominium units on 100 acres of land adjacent to Port Harbor (Exhibit 4).  The condominiums will be served by a small community well for their drinking water and be served by septic systems.  While the proposed project meets the county’s minimum standards for septic systems and drinking water wells, however, the developers are interested in connecting to the sewer and water system in Neighbortown and are willing to pay for the sewer and water connections.  Neighbortown has also expressed a willingness to allow the tie-in as there is excess capacity at the sewage treatment plant.  To alleviate concerns about the lack of affordable housing, the developers have proposed setting aside 10% of the condominium units with rental prices in a range affordable to the average resident in Port Harbor.  Other upland facilities constructed for the residents of the condominium complex include 2 tennis courts, a community swimming pool, health club, clubhouse, and laundry facilities. 

12.  The developers have proposed constructing a private marina with a gas dock and jet-ski and sailboat rentals. While condominium residents would have priority for slip rentals, the developer has promised to set aside at least 25% of the slips and moorings for residents of Port Harbor.  The marina would include 30 boat slips: 10 slips for boats less than 10 feet; 10 slips for boats between 10 – 20 ft; 10 slips for boats from 20 – 30 feet long.  There would also be 25 moorings: 5 for boats exceeding 30 ft; 10 for boats from 20 – 30 ft; and 10 for smaller boats.  It would also include a boat ramp that is available free of charge to marina members and at a small fee to residents of Port Harbor.  A paved parking area is also proposed adjacent to the marina, which will be used for boat storage during the winter months.  Some minor dredging of the marina area is needed and the developer has already received the requisite permits from the Army Corps of Engineers.  The developer has also received a permit for constructing the underground storage tank to service the gas dock, however, Port Harbor must still approve the construction of all upland and in-ground facilities.  The facility will also include docks for the rental of 8 jet-skis and 10 small sailboats.  The developer has also pledged to provide sailing scholarships to 5 local students per summer, with a local Boys and Girls Club to determine the recipients. 

13.  A reputable researcher at a nearby university hired by the developer prepared a report estimating that the development, if approved, will generate 100 temporary jobs and 20 permanent positions.  It will also result in a significant increase in the property tax revenues to Port Harbor that can be used to fund a variety of local services.

      Note: You should also view Exhibit 1, Exhibit 2, Exhibit 3, and Exhibit 4 as they contain additional information

  

The Players

The class will be divided into the following groups with the goals and agendas specified.  Supplemental information will also be provided to members of each group.  Each participant should do their best to faithfully represent the interests of their group, even if this role is unfamiliar to you or you disagree with the positions.  You can also make-up additional information consistent with these facts.  Remember that the goal is to provide the Town Council with information that will persuade them to vote on the development project in a manner that advances your agenda.
  

Town Council Members

Port Harbor's Town Council is comprised of 7 members.  Three council members represent the rural agricultural areas in the inland portion of the watershed.  The other four members represent districts surrounding the Bay.  Two of these members represent residential areas while the other two represent the commercial and industrial areas as well as a portion of the proposed development project.  The Council is narrowly divided with 4 Democrats and 3 Republicans who rarely vote along party lines.  The following information is known about the Council Members:
    

Representative from District 1: Republican; served two four-year terms and was reelected for a four-year term last year; ran on a pro-economic development platform; was the founder of the local chamber of commerce and has strong ties to the development community; has known Bob for years and they went to high school together in Neighbortown; represents the oceanfront area which includes the main commercial district and some residential property including a portion of the proposed development project; took campaign contributions from numerous businesses and developers including Bob’s development Company; voted against the proposal to create the conservation commission; views the rural, undeveloped portion of the watershed as having great potential for economic development. (Exhibit 2)

Representative from District 2: Democrat; elected last year and is serving first four year term; defeated a Republican with strong ties to the Coalition for Clean Water who voted in favor of creating the conservation commission; former president of the chamber of commerce and ran on a pro-economic development platform; took campaign contributions from numerous developers and businesses including Bob’s Development Company; is an avid fisherman who has spent many years on the Bay.  Views the rural undeveloped portion of the watershed as having great potential for economic development but at the same time wants to ensure that it is done in a manner that does not permanently harm the environment.

 Representative from District 3: Democrat; serving first term and is up for reelection next year; voted for the creating the conservation commission and wants more protective environmental ordinances; represents the residential area abutting the bay; the district includes expensive homes abutting the bay that are mostly for seasonal residents and more moderately priced homes inland; is a founding member of the coalition for clean water; is a popular local science teacher with a degree from the nearby university; received numerous contributions from individuals supportive of the Coalition for Clean Water and the Fishermen’s Union, and others looking to preserve the rural character of the watershed; has be a strong proponent of improving Port Harbor's zoning ordinances; likes to sail and water-ski; lives on the Bay and dislikes jet-skis.

Representative from District 4: Republican; serving second term and is up for reelection next year; voted in favor of creating the conservation commission but against new environmental ordinances; represents the residential area abutting the bay; the district includes expensive homes abutting the bay that are mostly for seasonal residents and more moderately priced homes inland; received contributions from both developers and members of the coalition for Clean Water; is concerned about Port Harbor's high unemployment and stagnant growth in property taxes, which makes it difficult to expand city services; is an avid fisherman and member of the fisherman’s union.

Representative from District 5: Democrat; Served first term and was reelected last year; voted in favor of creating the conservation commission and wants more restrictive zoning ordinances; represents a district that includes moderately priced homes with mostly year round residents, many of whom have jobs tied to the seasonal tourism industry; the district also includes a large number of farmers, many of whom are concerned about the increasing conversion of farmland to new subdivisions, which is changing the character of the local area; is an avid bird watcher who likes to use the path along the shoreline in front of the proposed development project.

Representatives from Districts 6 and 7: One is a Republican and One a Democrat.  Both are serving their first term and are up for reelection next year; both are farmers; their districts are rural and consist mostly of small to medium size family farms; they are concerned about maintaining the rural nature of their community and are disturbed by proposals to convert farmland to residential uses in their districts; they are both located in the inland portion of the watershed and often have seemed skeptical that agricultural activities in their districts impact the bay; however, they are both concerned about increasing nitrate levels and other pollutants in groundwater because most of the members of their districts rely on private wells for their drinking water. 

  

Conservation Commission

The conservation commission consists of seven members, each of which represents one of the seven districts.  Each Town Council member appointed the conservation commission member representing his or her district.  The goal of the conservation commission is to review development projects for their impacts on the environment or other aspects of the community’s culture and quality of life (e.g., crime, traffic, etc.).  The commission can make suggests for modifications and stipulations to a project’s approval provided that the recommendations are designed to help preserve and protect the public health, safety, and welfare and they do not result in the taking of private property (i.e., they preserve some economically beneficial use of the land).
  

Planning Staff

Port Harbor has a small planning department.  One of the major responsibilities of the planning staff is to work with developers during the early stages of a development project to ensure it is consistent with their zoning ordinances.  The staff review all aspects of a development project’s economic, social, and environmental impacts and present this information objectively to the Town Council with any recommendations for modifications to the proposed project. 
  

Developers

The goal is to ensure the approval of the development proposal.  In the past, they have argued that the Port Harbor zoning ordinance is a “blueprint” for development and that changing the ordinance to restrict or limit this project would constitute an unconstitutional talking.  Bob’s Development Company has strong ties to the local community, donates both money and services to numerous nonprofits, and is known for their high quality projects.  The developers believe they have designed a project that brings badly needed jobs, housing, and further economic development activities and is consistent with the regulatory requirements in place at the time of their proposal.
 

Alliance for Clean Water

This newly formed alliance consists of individuals and community organizations from Port Harbor and Neighbortown that are generally concerned about increasing development and its impacts on water quality and natural resources.  The Alliance repeatedly protests every large development project before the Town Council arguing that it should not approve any development projects until Port Harbor has adopted a comprehensive plan to guide future development and has adopted environmental ordinances to mitigate the impacts of development projects.  The Alliance has been accused in the past of representing a faction of the citizenry that favors strong regulations to limit further growth and land development.  They are opposed to any construction of a sewage treatment plant in Port Harbor or proposals to extend sewer lines to connect into Neighbortown’s sewage treatment system because it will increase nutrient loadings at the sewage treatment plant and may allow development at greater densities elsewhere in Port Harbor. 
 

Shellfishermen's Association

It is a local association designed to represent and protect the interests of local recreational and commercial shellfishermen.  Among its main interests are preserving and expanding existing commercial marina/port facilities; public access sites to and along the shoreline; dredging channels and existing marina facilities provided that  shellfish beds and nursery habitat for finfish is not damaged.  They are also concerned that development in the upper reaches of the Bay is impacting the wetlands and tidal flats that are poorly flushed but provide important habitat.  They support efforts to improve water quality and are particularly concerned about the increasing coliform bacteria levels that that could close areas of the bay to shellfishing. 
  

Shoreline User's Association

Recently formed organization whose members include surfers, surf fishermen, personal water craft users, bird watchers, shellfishermen, and other individuals who utilize the Bay and ocean shoreline for recreational purposes.  They advocate improved water quality and habitat protection but are most concerned with maintaining public access to the Bay and the Ocean shoreline.  They are against any effort to block off historic public access points or attempts to charge user fees at public boat ramps and beach areas.  They are also concerned that increased development and tourism has led to a shortage of public parking for inland residents who wish to use the beaches and walk the shorelines. 
  

Chamber of Commerce

It is an association of local businesses from Port Harbor and Neighbortown.  Port Harbor and Neighbortown have recently fallen on hard times.  Industry has moved away and the two towns are now heavily dependent on tourism.  The Chamber has worked hard to find someone that was willing to develop the site in question.  Many of the Chamber’s members see this project as generating jobs and enhancing the region’s reputation as a high-income summer vacation community. 
 

Miscellaneous Residents

As is the case with many Town Council hearings, a handful of local residents affiliated with no particular interest group or organization often show up to testify for and against projects.  At this hearing, the following individuals are in attendance: 
   
Residents 1 and 2: These are the land owners adjacent to the proposed development project; their views are not known.
Resident 3: Shows up to testify against most development projects and points out their environmental impacts.  Is a former college professor who is now retired.  Is critical that the Town Council has no comprehensive plan for either Port Harbor or the watershed and is fond of noting that the watershed is “filling up” with poorly planned development projects.
Resident 4: is a local realtor who often shows up to testify in favor of development projects
Resident 5: is a farmer; the farmer’s views are not known
Resident 6: is a marina owner; the marina owner’s views are not known.
Resident 7: the owner of the farm who is selling the property to the developer contingent upon the Town Council’s approval.
  

Grading/Writing Assignment:

In order to ensure that you are prepared to participate in the simulation, each student must submit your written testimony at the start of the simulation.  Your testimony will contain your arguments for or against the development proposal.  It should be written from the perspective of the particular interest group that you will represent during the simulation.  Your testimony should also contain any recommendations you have with respect to the project's approval or the town council's adoption of measures designed to mitigate the potential impacts of the proposal.  Be sure to clearly articulate your rationale and basis for your position.  If you are one of the town council members, you should describe your analysis and where you are leaning prior to the hearing.  Your participation in the simulation will count towards your class participation grade.  Your memo is limited to 3 single-spaced pages.
 

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