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HomeMy WebLinkAboutAgenda - 04-01-2008-5aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 1, 2008 Action Agenda Item No. 5 - q SUBJECT: Northern Buckhorn Community/Central Efland Sewer Expansion Project Public Hearing for Preliminary Engineer's Report DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): County Engineer's Project Report and Projected Timeline Public Hearing Advertisement Preliminary Engineer's Report (Previously Provided To The BOCC Under Separate Cover on 2/19/08) INFORMATION CONTACT: Paul Thames, 919-245-2303 PURPOSE: To hold the EPA-required (for State and Tribal Assistance Grant funded projects) public hearing on the proposed project's preliminary Engineer's Report. BACKGROUND: The current project to expand or provide the central Efland and northern Buckhorn communities with access to a wastewater collection system has been on the planning board since January, 2005. Plans to expand sewer service in central Efland to eliminate the health issues posed by a significant level of failing septic systems has been a BOCC goal since the early 1980's. At the outset of this project, it was intended to include not only the areas referenced above, but the water and wastewater systems designated to serve the southern Buckhorn community, the southern portion of the Buckhorn EDD and the Gravelly Hill Middle School as well. The portion of the project serving the southern Buckhorn community, the southern section of the Buckhorn EDD and the Gravelly Hill Middle School was split out of the larger project to provide the utility services that would enable the Gravelly Hill school to open in the Fall of 2006. The southern Buckhorn community, EDD and Gravelly Hill Middle school project was completed in early 2007. However, issues involving the capacity of the City of Mebane's Industrial Drive wastewater pumping station to .the initial southern Buckhorn project as well as the upcoming northern Buckhorn community project remained unresolved. Fortunately, the City of Mebane has advised, as of late 2007, that the capacity issues affecting wastewater flow from both the southern and the northern Buckhorn communities have been resolved by replacing the existing pumps in the pumping station. Accordingly, the County may now proceed with the northern Buckhorn community as well as the central Efland portions of the overall project. 2 The latest cost estimates for both remaining elements of the project (the central Efland and _ northern Buckhorn communities are contained within the preliminary Engineer's Report) indicate that the total cost of the project will approach approximately $4.3 million. This sum exceeds earlier estimates and the project budget by more than $1.72 million. The projected budget overrun problem is compounded by the fact that the County's existing and allocated debt capacity is at its maximum limits through FY 2009-10. The BOCC has several alternatives to chose from as it addresses the projected funding shortfall, including: • It may elect to reduce the size of the project to fit the budget (this reduction would have to occur in the central Efland portion as the STAG funding was earmarked primarily to address the wastewater system for the Buckhorn Community); or • Should the Board elect to move forward with the entirety of the project as currently planned, the Budget Director has indicated that the County could cover the projected cost overruns by essentially borrowing money from a FY 2010-11 alternative debt financing process to cover costs incurred in the prior fiscal year; or • The Board may have the County apply fora 10-year low interest loan from the State Revolving Loan and Grant Fund (these funds, avail at a 4% interest rate would be repaid over a ten year period. The costs of repaying this loan can be included in the sewer rate base over the ten-year period; or • The County can seeking additional funding through the CDBG (low probability of success) and/or the Rural Communities Assistance Program (moderate probability of success) funding process; or • The County may chose to break the central Efland portion of the system down into core (pumping station and some portion of the collection lines and optional components (remaining portions of the collection lines) and structure the bidding process such that the core system represents the base bid and the optional components become add alternates. Should construction bids come in lower than anticipated, more of the add alternates could be included in the construction project. However, it is critical to take note of the fact that whatever the project scope, either the full project or the portion of the project that is designated as core (prior to add alternates), that is submitted to and approved by the various review and funding agencies, if approved, must be built. As the design for the full project has been completed, it should be possible to modify the project documents as necessary fio break the system down into core and add alternatives and expand the scope of the project to include the add alternatives, should additional funding become available or bids come in lower than expected; or • The County may utilize some combination of the alternatives outlined above as deemed necessary to maximize the project's final service area while minimizing the financial impact on the Efland system's customers or County taxpayers The process involved for State and Tribal Assistance Grant (STAG) funding of the Buckhorn utility project requires that a public hearing be held on the Preliminary Engineering Report. The requirements for that hearing and for reporting the outcome of the hearing are as outlined below under the heading "Public Participation" are in the form and layout as specified by the STAG funding process requirements. The term "selected alternative" as used below for the purpose of "information presented during the public hearing" .means the project layout that would provide gravity sewer service to as much of the northern Buckhorn and central Efland service areas previously delineated and approved by the BOCC. The scope of the project that is ultimately submitted for state and federal review will be that which is selected by a formal BOCC decision based on public input and project funding availability or strategies. Orange County does not make decisions that are driven by the Public Hearing process until the Public Hearing as been held and the BOCC is able to adequately reflect on and take into account the public's input and other sources of information. The public hearing must be held prior to submitting the Engineer's Report (the first step in the formal state/federal project review/approval process) for review. Public Participation One public hearing, with a 2-week notification, is required. • A copy of the Engineering Report should be available for review by the public at least 2 weeks prior to the public hearing 2. An advertisement for the hearing shall be placed in a newspaper having local area circulation, and should include the following information: • Identify the time and location of the public hearing • Advise when and where a copy of the Preliminary Engineering Report can be reviewed • Provide a brief description of the proposed project • Advise how much funding is required and identify the source of funding 3. The information presented during the public hearing must: • Identify the problem • Discuss the selected alternative • Identify the amount of the anticipated loan or grant • Discuss any required inter-local agreements • Identify the effect this project will have on the monthly sewer bill for a typical residential user of 5000 gallons per month 4. Provide a summary of the hearing 5. Provide. an affidavit of publication of the hearing notice The required public hearing was advertised in the Mebane Enterprise and the Chapel Hill Herald on March 12, 2008 (see attached advertisement). The preliminary Engineering Report was submitted for BOCC review in February 2008 and was made available for public viewing the week before the public hearing advertisement at the County Library at Hillsborough, the County Engineer's office, the Clerk to the Board's office and at the offices of the Orange Alamance Water System. An element of project financing other that those outlined above comes into play with the ongoing Raftelis rate study contract. Raftelis has provided a preliminary rate setting model as of March 24, 2008. Ultimately, this model will allow the County to develop and evaluate new sewer rates for the Efland system using a number of variables including number of customers, sewer use per customer, system operating, treatment and capital expenses, ongoing General Fund contributions to the sewer enterprise fund, etc. The model will allow the County to incorporate system expenses (including the capital costs of system expansion) into a rate structure that serves County taxpayers and Efland sewer customers in the most equitable manner possible. 4 FINANCIAL IMPACT: There is little to no financial impact associated with the public hearing itself: There are two significant fiscal impacts related to the construction project. First is the projected cost of the full northern Buckhorn community/central Efland sewer expansion project. That cost is estimated at approximately $ 4.27 million, of which approximately $2.55 million is currently budgeted. There are several potential ways that these additional costs can be addressed, with an effect on customers ranging from $0 to $55 per month (assuming 300 total customers, a $1.7 million loan at 4% simple interest for ten years) for 5000 gallons of sewer use, as per STAG funding requirements: • The central Efland portion of the project can be cut back as necessary to eliminate the $1.72 million in overage costs (the Buckhorn portion of the project is funded by the STAG grant). This strategy has $0 effect on customer bills; or • The County can apply for a low interest loan from the State Revolving Loans and Grants Program, with all or some portion of the ten-year annualized capital costs included in the rate base (with a fully recaptured cost coming in at approximately $55 per month per customer (assuming 300 customers generating 5000 gallons each of wastewater flow per month). The cost to customers (using 5000 gallons per month) falls $3.00 per month for each $100,000 that does not have to be recaptured through the rate structure); or • Either a portion or all of the shortfall may be paid through alternative financing with the annualized debt costs being paid through the general fund, with no additional costs related to financing the construction deficit addressed through the rate base). This alternative has $0 effect on customer bills. The expanded system in central Efland will also bring additional operating costs for the system as a whole. The current rate structure -unchanged since implemented in 1988 -captures approximately 25% of the costs for operating the system. Currently, the Efland system's rate of $4.50 per thousand gallons (over the $15.20 minimum for the first 3000 gallons) is less that one- half the rate per thousand gallons that the County pays Hillsborough to treat the waste. Furthermore, the County spends several thousand additional dollars per month as necessary to fund system administration, billing, maintenance, miscellaneous operating and capital improvement costs. All of these cost overages are currently subsidized from the County's General fund. The Raftelis rate study discussed above provides the County with the opportunity to address these sewer rate shortcomings as well as some portion of system expansion costs. RECOMMENDATION(S): The Manager recommends that the Board: • Receive and review the County Engineer's update/status report; and • Receive and review the preliminary Engineer's Report; and • Receive public comment at the public hearing for the northern Buckhorn community/central Efland sewer expansion project Preliminary Engineering Report; and • Direct staff to bring this item for a decision at the BOCC's next regular meeting in Hillsborough (May 1St) MEMORANDUM TO: Board of County Commissions Laura Blackmon, County Manager COPIES: Willie Best, Asst. County Manager Pam Janes, Director of Purchasing and Central Services Donna Coffey, Budget Director FROM: Paul Thames, PE, County Engineer DATE: March 26, 2008 SUBJECT: Central Efland Bond/northern Buckhorn community sewer expansion process As per recent presentations to and directives from the BOCC relative to proceeding with the development of the Northern Buckhorn Community and the Central Efland sewer collection system project, please be advised of the following circumstances: 1) Project construction plans and specifications have been completed, subject to any revisions directed by the BOCC upon its review of the draft Engineer's Report, its decisions arising in response to projected cost overruns or public comment at the April 1St Public Hearing. Construction plans and documents are also subject to revisions that may be required by the various regulatory and grant review agencies; 2) All ancillary permits (NCDOT, erosion control, etc.) have been acquired. 3) The preliminary Engineer's Report (the document submitted for review and funding agency approval) has been completed, subject to project scope revision by the BOCC and revisions mandated by review and funding agencies. 4) The advertisement for public hearing has been published.as per the grant funding requirements and copies of the preliminary Engineer's Report have been placed in locations accessible to the general public and to the projected customer base for the proposed project. 5) The preliminary Engineer's report has been distributed to the BOCC and key departments. 6) The preliminary version of the Raftelis Sewer Rate Study has been received by staff and is currently being evaluated. Furthermore; the previously distributed draft Engineer's report containing the latest construction cost estimate for the above referenced project from the County's engineering consultant, Coulter Jewell Thames (CJT). As you see, the estimate has dramatically increased (approximately $1.72 Million) above the amount we have budgeted for this portion of the Efland/Buckhorn projects and from the estimates we received during the effort to move forward with the Buckhorn EDD/southern Buckhorn Community/Gravelly Hill Middle school project. 0 This represents a problem on several fronts. According to the Budget Director, the County's outstanding and near term allocated debt capacity is maxed out through the 2009/2010 fiscal years. She also indicated that the County could "loan" itself sufficient funds to complete the project near the end of FY 2010/2011, a strategy made practicable given the fact that we will not be able to begin the process to actually start construction on the project until August 2009. The progress of the project should follow the following outline: • The County must hold a public hearing that has been advertised for at least two weeks on the draft Engineer's report. • The BOCC will have the draft report well ahead of the public hearing and must determine whether to pursue the entirety of the central Efland and the northern Buckhorn Community sewer expansion project; adopt a strategy that breaks down the overall project into several smaller projects funded and constructed over an extended period of time; or adopt some other strategy to move the project forward. It is critical to note here that the scope of the project shown in the Engineer's Report and submitted, reviewed and approved by all of the approval agencies (NC Construction Loans and Grants Section, the EPA, Corps of Engineer's, etc., must be constructed in its entirety as shown in the Engineer's Report. • The Engineer's report is submitted to the NC Construction Loans and Grants Section, which will review the documents and make a recommendation as to whether the project requires the preparation and submittal of additional environmental documents (an Environmental Assessment [EA] or Environmental Impact Statement [EIS]) or receives a "Categorical Exclusion" meaning that no additional environmental documents have to be prepared. ® NC Construction Loans and Grants Section, upon completing its review, will submit the Engineer's report along with its own findings and recommendation to the US Army Corps of Engineers, the US Fish and Wildlife Agency and the NC Office of Cultural Resources for their independent review and comment. ® Assuming that these agencies concur with the finding for a Categorical Exclusion, their findings and comments, along with the Engineer's Report, will be submitted to the EPA for its review and release of the STAG funds. • The County will secure the necessary railroad right of way • Once the Construction Loans and Grants Section makes its findings on the Engineer's Report and all necessary changes made and questions addressed, the Consulting Engineer will submit the completed plans and specifications. • When the plans and specifications have been reviewed/revised, if required, and approved, the Construction Loans and Grants Section will authorize the County to advertise the project for bids as soon as EPA approval of the Engineer's Report is given. • The project will be advertised for approximately six weeks, then bids will be taken. ® The bids will be evaluated by staff and submitted to the BOCC for its approval. • The County Attorney and the EPA will review and approve the construction contract and a Notice to Proceed will be issued. • The construction project will commence and will take some 18 to 24 months to complete. ~~ A projected timetable for the events or steps listed above is outlined below. This timetable is based on usual time for reviews and envisions that: a) the BOCC will approve the Engineer's Report as submitted; and b) all review agencies will concur with a Categorical Exclusion finding. If additional environmental evaluation and associated documents are required to be undertaken, submitted and approved,.additional work is required; additional review agencies become involved; and the project timeline lengthens by an unknown but significant amount of time. _ PROJECT TIME LINE PROJECTION BOCC approvals initiation of process to advertise and hold a public hearing on the Engineer's Report for the scope of construction for the northern Buckhorn/central Efland sewer expansion project. 2/19/08 BOCC holds public hearing at its first available regular meeting 4/1/08 BOCC directs that scope of project outline in the Engineer's Report be modified or submitted as presented 5/1/08 Engineering Consultant submits unmodified Engineer's Report to NC Construction Loans and Grants Section - or alternatively - 5/8/08 Engineering Consultant submits modified Engineer's Report to NC Construction Loans and Grants Section 5/29/08 Construction Loans and Grants Section completes review of unmodified Engineer's Report and forwards the report and its findings to review Agencies - or alternatively - 8/8/08 Construction Loans and Grants Section completes review of modified Engineer's Report and forwards the report and its findings to review Agencies - or alternatively - 8/29/08 Review agencies complete review of unmodified Engineer's Report and Forward their findings back to the Construction Loans and Grant Section - or alternatively - 10/8/08 Review agencies complete review of modified Engineer's Report and Forward their findings back to the Construction Loans and Grant Section 10/29/08 Engineering Consultant submits unmodified construction plans and specifications to Construction Loans and Grants Section - or alternatively - 10/15/08 O Engineering Consultant submits modified construction plans and Specifications to Construction Loans and Grants Section 11 /19/08 Construction Loans and Grants Section forwards unmodified reports and findings to US EPA for review and award of grant funding, completed by 1/12/09 -or alternatively -Construction Loans and Grants Section forwards modified reports and findings to US EPA for review and award of grant funding, completed by 2/2/09 County completes purchase of easements in the railroad right-of-way for unmodified project - or alternatively - 1/19/09 County completes purchase of easements in the railroad right-of-way for modified project 2/23/09 Construction Loans and Grants Section authorizes advertising unmodified project for Bidding - or alternatively - 3/2/09 Construction Loans and Grants Section authorizes advertising modified project for Bidding 3/23/09 Bids are opened for unmodified project - or alternatively - 4/20/09 Bids are opened for modified project 5/11/09 Bids for unmodified project are submitted for BOCC approval - or alternatively - 6/2/09 Bids for modified project are submitted for BOCC approval 6/23/09 Notice to Proceed issued for unmodified project - or alternatively - 7/14/09 Notice to Proceed issued for modified project 8/4/09 Construction complete, system operational 1/2010-7/2010 If I may provide any additional information or clarification of this information, please advise. 0 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS A public hearing will be held at the Regular Meeting of the Orange County Board of Commissioners on Tuesday, April 1, 2008. The meeting begins at 7:30 PM in the F. Gordon Battle Courtroom, 106 East Margaret Lane, Hillsborough, NC. The Public Hearing is for the purpose of giving all interested citizens an opportunity to learn about and speak for or against the following item: PRELIMINARY ENGINEERING REPORT FOR SANITARY SEWER SYSTEM IMPROVEMENTS TO SERVE THE NORTHERN BUCKHORN ROAD (BETWEEN INTERSTATE 85/40 AND NORFOLK-SOUTHERN RAILROAD LINE) COMMUNITY AND CENTRAL EFLAND The proposed project may involve the construction of: 1. sanitary sewer collector line along Buckhorn Road between Interstate 40/85 and the Norfolk-Southern Railway line; and 2. sanitary sewer collector line along Industrial Drive between the General Electric plant and Buckhorn Road 3. sanitary sewer collector lines extending into the portion of the community immediately on the east side of Buckhorn Road between Interstate 40/85 and the Norfolk-Southern Railway line; and 4. A wastewater pumping station on Brookhollow Road approximately 200 feet south of the Brookhollow Road crossing of McGowan Creek; and 5. sanitary sewer collector line along US Hwy 70 between the Efland Fire Station to a point approximately 750 east of the intersection of US 70 and Forrest Ave.; and 6. sanitary sewer collector line along Efland-Cedar Grove Road between Forrest Ave. and the McGowan Creek Wastewater Pumping Station 7. sanitary sewer collector line along Brookhollow Road between the. new Brookhollow Wastewater pumping station and a point approximately 300 feet north of the intersection of Brookhollow with US 70; and 8. sanitary sewer collector line along Brookhollow Road between US 70 and a point approximately 220 feet south of the intersection of Brookhollow Road with US 70; and 9. sanitary sewer collector line along Oak St. from Forrest Ave. to the north end of Oak St. and thence to the new Brookhollow Wastewater pumping station; and 10. sanitary sewer collector line along Forrest Ave. from a point approximately 320 west of the intersection of Forrest Ave. with Efland-Cedar Grove road to the intersection of Forrest Ave. with US 70; and 11. sanitary sewer collector line along Maple Street from a point approximately 330 feet south of US 70 to US 70; and 12. sanitary sewer collector line along Gym Rd. from Forrest Ave. to a point approximately 750 feet east of the intersection of Gym Rd. and Forrest Ave. 13. sanitary sewer collector line along the eastern extension of Sanders St. from the eastern-most existing sanitary sewer manhole to a point approximately 850 east of that manhole; and iO 14. a sanitary sewer force main from the Brookhollow wastewater pumping station south up to and along Oak St. to a manhole at the intersection of Oak St. and US 70. Copies of the Preliminary Engineering Report are available for review in the offices of the Clerk to the Board of County Commissioners and the County Engineer, both in Orange County's Link Central Government Services Building at 200 South Cameron Street in Hillsborough, NC; at the Offices of Orange Alamance Water System at 5900 US Hwy 70, Mebane, NC; and at the Orange County Public Library in the Whiffed Building, 300 W. Tryon Street, Hillsborough, NC. The estimated cost of this project is approximately $4,270,000 funded in part, with approximately $1,350,000 from an EPA State and Tribal Assistant Grant (STAG) with the remainder funded by Orange County or potential other sources not yet identified. The purposes of this public hearing are to hear a brief report that will: • Identify the situation this project is intended to address; and ® Discuss the selected project design; and ® Identify the amount of the anticipated loan or grant; and ® Discuss the required inter-local agreements; and • Identify the effect this project will have on the monthly sewer bill for a typical residential user of 5000 gallons per month. Accommodations for individuals with physical disabilities can be provided if the request is made to the Clerk to the Board of County Commissioners at least 48 hours prior to the Public Hearing by calling the appropriate number listed below. Questions regarding the Report may be directed to the Orange County Engineer located in the Orange County Central Government Services Building at 200 South Cameron Street in Hillsborough, NC. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 919-245-2300. You will be directed to a staff member who will answer your questions. PUBLISH: Mebane Enterprise Chapel Hill Herald March 12, 2008 March 12, 2008