Work Session Minutes of the Town of Cary , North Carolina
Subject: 
Western Wake Regional Wastewater Management Facilities
Town
Council Chambers
101 Wilkinson Avenue
December 16, 2004
Web Site:  http://www.townofcary.org

Mayor McAlister called the work session to order at 4:34 p.m.

Present: Mayor Ernie McAlister, Council Members Marla Dorrel, Michael Joyce, Jennifer Robinson and Julie Robison

Council Member Nels Roseland arrived at 4:39 p.m.

Absent: Mayor Pro Tem Jack Smith

Copies of staff’s PowerPoint presentation is attached to and incorporated herein as Exhibit A.

Town Manager Bill Coleman stated that over the past several years the Town has worked with other municipalities and with Wake County looking at future waste water needs for the region. He stated that the Town’s Interbasin transfer certificate requires that the Town have a discharge into the Cape Fear River basin by January 2011. The planning phase for the project is finished and staff wanted to review the process with the Council to bring them up to speed on the project before moving into the implementation phase.

Director Kim Fisher of the Public Works and Utilities Department stated that the Western Wake regional wastewater management facilities project encompasses the Towns of Morrisville, Cary, Apex and Holly Springs, as well as Wake County.

Mr. Roseland asked if the build out is for the plant or the developmental use of capacity. Water Resources Manager Leila Goodwin responded that it is both.She said that there aren’t any projects beyond the existing planning area, but in 2030 the capacity for the planning area would be met.

Mr. Robison asked about the formula used for the amount of return. Ms. Goodwin responded that the formula is calculated by the amount of water the Town uses in the Neuse River basin and is based on the amount of water usage tracked for customers. The Town has to return part of that usage to the Neuse River basin. She added that the North Cary plant discharges into Crabtree Creek and the South Cary plant discharges into Middle Creek, both of which eventually pour into the Neuse River basin.

Mr. Roseland asked about the net regional impact of the plant. Ms. Goodwin said that there would be a net transfer into the Cape Fear River basin regardless of whether anything is transferred by the Town.

Ms. Dorrel asked what happens if the Town does not meet the 2011 transfer certificate deadline. Ms. Goodwin responded that state agencies would make that determination. Mr. Fisher added that if the Town did not make a wholehearted effort to meet the requirement and the state agencies determined that the Town was being slothful in meeting the deadline the fine would be $10,000 per day; however, if a series of events occurred beyond the Town’s control prohibiting the Town from meeting the deadline a penalty probably would not be assessed. He said that staff is making every good faith effort to meet that deadline. Ms. Goodwin stated that staff has made it very clear to the state that the Town is planning to meet the deadline.

Mrs. Robison asked about events that could potentially derail or delay the project. Ms. Goodwin stated that the biggest potential for a delay is in the permitting process because it is unpredictable. She said that design and construction would also have some affect, but those are more predictable than a regulatory issue. Also, the permitting process allows for a third party to comment on environmental issues and that has the potential to cause delays. Mr. Fisher added that staff is working closely with the state regulatory agencies to involve and inform environmental groups in order to help move the process along.

Mr. Roseland asked about costs attributed to additional capacity and meeting permitting requirements. Ms. Goodwin responded that the Town is avoiding the extra cost of piping across the basin boundary by having a facility in the Cape Fear River basin.

Mrs. Robinson asked about the cost of building a new facility in the Cape Fear River basin. Mrs. Goodwin replied that staff is looking at that long term and it will have to be monitored as 2020 drawers nearer.

Mrs. Robinson asked about costs, build out requirements, and caps for municipalities. Ms. Goodwin stated that there is a mechanism in the service agreement to maneuver the caps if a municipality is not using their capacity. Mr. Fisher added that there will also be mechanisms in the joint agreement to unilaterally expand build out. He said that the Town’s consultants have worked closely with other municipalities on their numbers for capacities and there has been a lot of benchmarking with current and future growth rates. Ms. Goodwin said that as part of the permitting process each municipality has to justify their projected need.

Ms. Dorrel asked about the basis for proportional costs. Ms. Goodwin said they are based on combined weighted average for each of the facilities.

Director Karen Mills from the Finance Department discussed capital needs and the budget implications for the project.

Mr. Roseland asked about the contributions of residential and non-residential customers. Ms. Mills said that the rate model includes projections and costs are spread equally across demand.

Ms. Dorrel asked if the projected increases presented were only for this particular project. Ms. Mills responded that there are routine increases for inflation, continued population growth, and growth demand for business as usual.

Mayor McAlister asked about the cost to run the system. Ms. Mill said that by 2012 payments to Durham for their waste water treatment will finish and the Town will have rolled in operational costs for the treatment facility. Cary’s share of operating the facility will be similar in scope to what will have been paid to Durham for interim service.

Ms. Dorrel asked if water treatment costs were included in the projections and about the possibility of costs by 2012 having more than a $22 per month increase. Ms. Mills said that treatment costs were included and that there would be other costs attributable to the rate structure.

Mr. Roseland asked about the total cost. Mr. Fisher said that phase 1 takes the Town up to 2020 and phase 2 to 2030. Ms. Goodwin said the projected cumulative cost is $175 million through 2030. Mr. Fisher added that of the $175 million approximately $60 million is what it will cost to get from 2020 to 2030. He said that the first phase costs allows for 10.5 million gallons per day total capacity. He said that the plant is being designed to get the Town to the end of phase one.

Mr. Roseland asked about the possibility of zones for future payment structures, stating that those who benefit the most should pay the most.

Mr. Coleman responded that there are regulations prohibiting differential rates throughout the Town. Mr. Henderson added that you can in general have different classes of customer, i.e., residential and commercial.

Mr. Fisher stated that staff is requesting direction from council to move forward with the preparation of the necessary documents to hold a general obligation bond referendum in May 2005 for the purposing of funding the project.

Mr. Joyce asked about Cary’s share of costs for the bond referendum. Ms. Mills responded that the referendum would cost $60 million and Cary’s share would be $38 million.

Mr. Joyce asked if the Town could save money by holding the referendum in November. Public Information Officer Susan Moran responded that November is the most expensive time to buy media coverage. She said that staff provides information for a comprehensive voting program so that people will understand the purpose of the referendum and it will be more difficult and costly to get media exposure in November. Also, Apex will present a referendum with Cary if it done in the spring.

Mayor McAlister asked about the revolving fund construction money. Ms. Mills said that with the state revolving loan the Town will not have to repay principal until the project is completed. However with the utility project the Town will be able to structure debt with the general obligation bonds and postpone payment.

Mrs. Robison asked about the likelihood of receiving the state revolving fund loan. Ms. Mills said it is a couple of years away and if the money is available it will be received over a period of several years.

Mayor McAlister asked about savings to the Town. Ms. Mills said she did not have the exact figure, but it is 50 percent of an interest number significantly cheaper than what the Town normally pays.

Ms. Dorrel asked about the implications on not moving forward with the project. Mr. Coleman responded that the state could put limitations on the Town drawing water out of Jordan Lake for violating the interbasin transfer certificate. If the Town continued to violate the permit, the plant could not be expanded and it would create problems with water capacity. He said that most of the Town’s growth area is in the west and northwest which flows to the Cape Fear River basin, after 2011 Town would not be able to serve growth with capacity because it wouldn’t be served by any plant, capacity to serve development in the western growth area would run out. He said that it would be tremendously expensive and the Town would still not be meeting the interbasin certificate requirements. Mr. Coleman stated that what Cary decides to do with the plant is critical to the future operation of Research Triangle Park, Morrisville, Apex and Holly Springs .

Mayor McAlister stated that meeting the interbasin requirement by 2011 is required to support growth that has already occurred.

Mr. Roseland asked about the Town meeting the permit regulations with what is currently being transferred between the basins. Mr. Coleman responded that staff has made that point to the state, and included it in the environmental documentation submitted. He said that even if the discharge to the cape fear entitlement is removed, there is a possibility that the Town would be unable to create the amount of capacity needed for future discharging somewhere else. Also, there is the question of whether the Town would be able to obtain a discharge permit and the cost of treating to the level of discharge might overwhelm the savings. He said that having the interbasin transfer requirements lifted would not necessarily benefit the Town because of the regulatory requirements for discharges into the Neuse River.

Mrs. Robinson asked if lifting the time line would have any value or costs savings to the Town. Ms. Goodwin replied that staff would have to look at the interim requirements with Durham County and at other interim capital improvements because the Town’s agreement to use the Durham facilities expires in 2011. She added that it would be very expensive to pursue.

Mrs. Robison asked whether staff has looked at the capacity for Cary and about the percentage allocated for the Research Triangle Park region. Ms. Goodwin said the capacity for Cary is about 3 million gallons out of the 16 million, and that RTP’s flows are currently just under 1 million gallons but they are projecting tripling that number. Mr. Coleman said it gives the Wake County portion of RTP the ability to grow to capacity because otherwise they would be limited in north Cary and would eventually have to be cut off.

Mayor McAlister said it is important to have a solid press release when informing citizens about the bond referendum. Ms. Moran said that state law prohibits Town resources being used to advocate the passage of the bonds. She stated that the Town will put out the facts about the issue on all sides.

Action: Mrs. Robinson made a motion to direct staff to prepare the necessary documents for a staff report to be presented at for January Council meeting for a general obligation bond referendum. Mrs. Robison provided the seconded.

Mr. Roseland stated that he does not agree the Town should be able to use cash for the capital project.

Action: Vote was called for on the motion Mr. Roseland voted “no.” All others voted “aye.” The motion carried by majority vote.

The work session ended at 6:29 p.m.