HomeMy WebLinkAboutMinutes - 20090922 APPROVED 10/20/2009
MINUTES
Orange County Board of Commissioners
Orange County Board Of Education
Chapel Hill-Carrboro Board of Education
WORK SESSION
September 22, 2009
7:00 p.m.
The Orange County Board of Commissioners met for a joint session with the
Chapel Hill—Carrboro Board of Education and the Orange County Board of Education on
Tuesday, September 22, 2009 at 7:00 p.m. at the Southern Human Services Center in
Chapel Hill, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and
Commissioners Alice M. Gordon, Barry Jacobs, Pam Hemminger, Mike Nelson,
Bernadette Pelissier, and Steve Yuhasz
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: Interim County Manager Frank Clifton, Assistant County
Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All
other staff members will be identified appropriately below)
ORANGE COUNTY BOARD OF EDUCATION MEMBERS PRESENT: Chair Anne
Medenbleck, Vice-Chair Tony McKnight, and Board members Eddie Eubanks, Debbie
Piscitelli, Ted Triebel, and Susan Hallman. Superintendent Patrick Rhodes was also
present.
ORANGE COUNTY BOARD OF EDUCATION MEMBERS ABSENT: Steve Halkiotis
CHAPEL HILL-CARRBORO CITY SCHOOL BOARD OF EDUCATION MEMBERS
PRESENT: Chair Lisa Stuckey and Board Members Jamezetta Bedford, Mia Day
Burroughs, Jean Hamilton, Gregory McElveen, and Superintendent Neil Pedersen was
also present.
CHAPEL HILL-CARRBORO CITY SCHOOL BOARD OF EDUCATION MEMBERS
ABSENT: Vice Chair Mike Kelley and Annetta Streater
The meeting was called to order at 7:07pm by Commissioner Foushee.
A motion was made by Commissioner Nelson, seconded by Commissioner
Hemminger to amend the agenda by adding an item, "Stimulus Funding for
Homelessness Prevention and Rapid Re-Housing Program Award."
VOTE: UNANIMOUS
Homelessness Prevention and Rapid Re-Housing Program Award
The Board considered accepting a Homelessness Prevention and Rapid Re-
Housing Program award of$1 million, authorizing the execution of the associated State
Contract and a sub-recipient contract with Housing for New Hope by the Chair of the
Board of County Commissioners upon contract review and approval by the County
Attorney's office.
Frank Clifton said that the County has been awarded a $1 million grant for this
program.
Social Services Director Nancy Coston said that this is a provisional grant, which
means that the information has to be worked out with the State and the contract must be
signed by September 301h. This item will be discussed fully at the October 61h meeting.
The Board needs to approve this for the Chair to sign the contract from the State to be
returned on September 30th to the State. The funds are for three years and the two
groups administering the funds will be Orange County and Housing for New Hope. She
said that this was a collaborative effort.
Commissioner Nelson thanked the staff and Chair for making sure the Board was
polled about adding this item.
A motion was made by Commissioner Nelson, seconded by Commissioner
Hemminger to accept the Homelessness Prevention and Rapid Re-Housing Program
award of$1 million from the State of North Carolina; and approve the execution of the
associated State Contract and a Sub-recipient contract with Housing for New Hope by
the Chair of the Board of commissioners upon contract review and approval by the
County Attorney's Office.
VOTE: UNANIMOUS
OPENING COMMENTS:
Introductions were made.
Chair Foushee said that Steve Halkiotis would not be able to attend tonight's
meeting because he is still recuperating from surgery.
1. Chapel HiII-Carrboro City Schools - Update of 2009-10 Budget
Superintendent Neil Pedersen said that the first assumption was that CHCCS
would not receive any more money from the County from last year, and the first set of
reductions ($718,280 in Attachment 1-a) were to be made for no increase in County
appropriations.
The second set of reductions was made once the appropriation was received.
This totals $1.9 million worth of reductions. The first set of reductions did not include
personnel, and the second set of cuts involved the Central Office.
Attachment 1-b includes the State reductions. The State made reductions of$3
million in non-instructional support. The State reduced this line item (custodians,
clerical, and substitutes) and then gave stabilization funds for the same amount. The
second biggest reduction is discretionary funds. There was a potential reduction in
teacher assistants, but in the final budget, the position reductions did not appear for
teachers and teacher assistants.
He distributed a handout on class sizes. On the elementary level, grades K-3 are
doing well and not exceeding 21 students. In 41h and 51h grades, the levels are the same
as last year. In the middle school level, the allocation of teachers has changed and the
numbers are looking good for class sizes. In the high school level, the numbers are up
somewhat, and they did reduce some core offerings.
Neil Pedersen said that no teachers were laid off or non-renewed for strictly
budgetary reasons. There were 60 teachers that received non-renewal notices because
of other opportunities. The school system hired approximately 90 new teachers for the
school year.
He made reference to the 20th day membership figures and said that right now
CHCCS is 123 students below the State's projection.
He made reference to the letter that was sent to Chair Foushee. There is an
update on Elementary School #11. He said that there was a successful public hearing in
Chapel Hill last night with the Town Council. There was no action taken, and CHCCS is
proceeding with the planning for this school. He would like to request a future
discussion with the Board of County Commissioners about its stance on the funding of
Elementary School #11.
Commissioner Gordon asked about the "other revenues." Superintendent
Pedersen said that this is local revenue, tuition for preschool, fees, forfeitures, ABC
funds, etc.
Commissioner Gordon asked about the CIP and the Carrboro High School Arts
Wing. She said that it looks like the appropriations add up to more than was needed, if
you count the $1.9 million. Superintendent Pedersen said that they first were told they
would get$1.9 million the first year and then again in 2010-11, for a total of 3.8 million.
When there was money left over after the first round, then CHCCS reapplied and
received a total of$4.1 million. The projection is $4.5 million. If there is money left over,
then the money can be applied to other projects.
Commissioner Gordon asked if any of these funds go to the Culbreth Science
labs, which have been inadequate for years. Superintendent Pedersen said that the
labs were on their list but he cannot give her a definitive answer as to when since it is in
the 10-year CIP and it is not one of the upcoming projects, because McDougle Middle
School also does not have an auditorium.
Commissioner Gordon said she had long been concerned about older schools
and would like to implement a systematic program to make older schools and newer
schools "substantially equivalent" to each other. Since OCS was already putting a focus
on middle schools, that would be a good place to start. She hoped that CHCCS would
also focus on middle schools, including improving the science labs.
Superintendent Pedersen said that it is not a matter of updating the Culbreth
science labs because they are too small. The lab classrooms would have to be built; it
would have to be new construction.
Chair Foushee said that this would have to be considered in the context of the
County's debt capacity.
Commissioner Jacobs asked if there has been any effort for a joint purchase of
science supplies between the two school districts and Commissioner Hemminger said
that it was too hard to coordinate, so each school district did it on their own. Lisa
Stuckey said that they would look into this and get back to the Board of County
Commissioners.
Commissioner Jacobs said that Frank Clifton had identified several areas of cost
saving measures between the two districts and the County.
Commissioner Gordon asked about the timeline to talk about Elementary School
#11 and Chair Foushee said that it should be added to one of the Board of County
Commissioners' agendas.
Lisa Stuckey said that they discussed in the school collaboration meeting about
adding this to a future agenda.
Lisa Stuckey expressed appreciation for the spring budget process and the clear
signals that were sent by the Board of County Commissioners.
2. Orange County Schools - Update of 2009-10 Budget
Anne Medenblek said that since she has been on this board, OCS has not come
to ask for any new schools and they do not see a need for any being built in the next 4-5
years. The dire needs are in the older schools - four are over 50 years old and there is
major work that needs to be done on these schools. She thanked the County
Commissioners for their past help with the OCS capital needs.
Superintendent Patrick Rhodes thanked the County Commissioners for their
support because it greatly dampened the impact of the State reductions on the school
system and the classrooms. He said that there is a revised version of the handout. He
made reference to page 6 and the State reductions. The reductions equate to 52
positions (30 custodians, 22 office staff, and some substitute positions). He made
reference to page 8, Attachment 2-d. The total State reduction was 11.9%. This
attachment shows the stabilization offsets that were used. The net reduction in State
funding after the Federal stabilization funds was $1.68 million, or about 4.2% reductions.
He said that OCS is planning on a $1.9 million reduction in funding going forward, and
this will be another year of difficult decisions. He feels confident that the classroom
instruction and classroom teaching core has been protected. As a result of stabilization
and reductions, OCS has 25 fewer positions in the district than it had last year at this
time. This is a combination of teachers, teaching assistants, assistant principals, office
professionals, etc.
Superintendent Rhodes said that he appreciates the Board of County
Commissioners' funding for capital projects. Funding has been received for the
auditorium at Stanford Middle School. It is a freestanding facility. Qualified School
Construction Bond funding was received of$1.55 million. The design is already drawn
out, which will greatly cut costs. He is anticipating $1.5 million for this facility for next
year through the same sources. This facility could be an excellent resource for the
community theater.
Regarding enrollments, there has been a spike. This is detailed in Attachment 2-
c. The projection was 7,007 and the 20-day membership number is 7,097.
Commissioner Hemminger pointed out that Cameron Park seems to be over
capacity and other elementary schools are way under capacity. Superintendent Rhodes
said that this is very possible. Overall, there is excess capacity.
Commissioner Jacobs said that he has not received any minutes from the school
collaboration meeting and Chair Foushee said that she will insure that the minutes go
out to all.
Commissioner Jacobs said that he would like to talk about equity in building
schools in the districts.
3. County Update on Outcome of 2008-09 fiscal year and Impacts
Paul Laughton made reference to page 9, which is Attachment 3-a. This shows
the revenue picture of FY 2008-09. He went through this table. The County received
97.6% of its budgeted revenue. The shortfall was about$4.4 million. He made
reference to page 10, Attachment 3-b, and pointed out that there is a downward trend in
non-property tax revenues.
Frank Clifton made reference to the property tax revenues and said that it does
not have to do with growth, but it is a reflection of the Board's tax policies.
PRELIMINARY 2008-09 GENERAL FUND EXPENDITURES
ACTUAL PCT
BUDGET EXPENDITURE REMAINING USED
S
Governing & Management $ 9,977,081 9,351,651 625,430 93.7%
General Services 14,135,140' 12,456,508 1,678,632 88.1%
Human Services 39,760,968 35,796,408 3,964,560 90.0%
Culture & Recreation 3,807,215 3,453,425 353,790 90.7%
Community & Environment 4,378,256 4,049,184 329,073 92.5%
Public Safety 17,295,960 16,797,602 498,357 97.1%
Education 64,722,715' 64,722,715 0 100.0%
Transfers 11,939,141 11,939,090 51 100.0%
Debt Service County 6,469,412 6,345,808 123,604 98.1%
Debt Service Schools 19,760,051 19,668,121 91,930 99.5%
TOTAL GENERAL FUND $192,245,938 184,580,512 7,665,427 96.0%
ESTIMATED CHANGE IN FUND BALANCE
Revenue $192,245,938 178,261,503 (13,984,435) 92.7%
Expenditures 192,245,938 184,580,512 7,665,427 96.0%
Decrease in Fund Balance $ -
(6,319,009) (6,319,009)
Total Fund Balance 6/30/08 36,454,369
Total Fund Balance 6/30/09 $ 30,135,360
Reserve for Encumbrance *
(1,200,000)
Reserve for State Statute *
(9,600,000)
Reserve for Inventory *
(180,000)
2008
Available Fund Balance $ 19,155,360 25,803,324
Available Fund Balance as 010 of Expenditures 10.4% 15.1%
Appropriated in Original 2,000,000
Budget
Undesignated Fund Balance $ 19,155,360 23,803,324
Undesignated Fund Balance as a% of 10.4% 13.9%
Expenditures
* ( The reserves are very preliminary estimates)
Frank Clifton said that it is too early to project any firm numbers for next year's
revenue, but Article 44 will go away entirely next year. He said that it is good that both
school districts got stimulus funding, which is interest free, but it has to be paid back.
Chair Foushee made reference to#4 on page 11, "Loss of Reimbursement for
Housing Misdemeanor Prisoners," and asked if the County budgeted for the number of
federal prisoners. Frank Clifton said that there is an estimate, but he does not know
what it is based on. He does not think the maximum has been reached.
4. Overview of Schools Adequate Public Facilities Ordinance
Planning Director Craig Benedict said that this is a quick refresher on the SAPFO
because many board members were not on the respective boards in 1999 when SAPFO
was thought of and in 2003 when it was adopted.
Schools Adequate Public Facilities Ordinance
(Schools APFO)
Adopted July 2003
DEFINITION AND PURPOSE:
OAn Ordinance of the county and towns
Olnter-local memorandum of understanding with both school districts
OMaximum extent practical, approval of new residential development
OSynchronized with the availability of capacity
APPLICABILITY:
Two overlay districts were created; one for each school district
Appropriate school board of education (BOE) and town and county participants
COLLABORATIVE PROCESS TO IMPLEMENT SCHOOLS APFO:
Over three years of monthly meetings
Various partners
Associated attorneys
Choreographed through the Schools and Land Use Councils
By the County Planning Department
ELEMENTS OF THE ORDINANCE:
Topic Standard
Level of Service
Elementary Schools 105% of Capacity
Middle Schools 107% of Capacity
High Schools 110% of Capacity
ELEMENTS OF THE ORDINANCE
Topic Standard
Building Capacity 2003 NC Dept Public Instruction and updates
Capital Investment 10-year Program Plan
ELEMENTS OF THE ORDINANCE:
Topic Standard
Student Growth Rate Average 5 Different Projection Methods
Student Generation Rate 2001 TISHLER STUDY
ADMINISTRATIVE IMPLEMENTATION:
oA Certificate of Adequate Public Schools (CAPS) computer program
oTrack existing membership and capacity
oTest for and log new development impacts against capacity levels
oLocal governments approve feasibility
oBOE staff confirms adequate capacity
oCAPS certificate given to local government for final approval
UNIQUE AND INTERIM CONDITION:
Olnitialization: one school level in each school district was over the rated level of service
OBoth schools programmed in the CIP
OCAPS system starts
OSuspended the adequacy tests until the new schools came on line
FOUR ELEMENTS OF A SAPFO PROGRAM
- Comprehensive Plan (public facilities planning)
- Capital Improvement Program and Budget (finance)
- Adequate Public Facilities Ordinance (regulation)
- CAPS Management System (administrative)
SIMPLE PROCESS
oNovember 15— receive actual numbers
oBOCC accepts new numbers and restarts annual CAPS program
oPlanners, Schools Technical Advisory Committee (PSTAC) develops report including
new student projections (December, January)
oUsed in budget process
(December— March)
oReport distributed to parties for comment and adopted by BOCC in Spring
Craig Benedict said that there has not been a need in Orange County to defer
development because of the SAPFO, but it has been very close. Commissioner Nelson
asked about the process of having to defer development and Craig Benedict went
through this. On November 151h, the school districts will provide actual student
membership. If at that time, the actual numbers exceed the level of service capacity
numbers in the annual reports, there will be no capacity for developments to come
forward for approval.
Commissioner Gordon asked about the effect on building capacity of the State
changing the class size. Craig Benedict said that the State changed it a few years ago,
and these numbers were not instantly put in the SAPFO. When the numbers were put
into effect, it absorbed a lot of the capacity that was created by a new school.
Superintendent Pedersen said that this year the original State budget had class size
increasing, but the Governor's approved budget did not raise class sizes, but it
mandated that class sizes in K-3 remain the same.
Lisa Stuckey asked Craig Benedict about development projects in the pipeline
and Craig Benedict said that there are not any large ones in either school district. There
is more redevelopment in Chapel Hill. There is still some debate about mixed-use and
purely residential development and when the SAPFO applies.
Debbie Piscitelli asked about the growth rate in each school district over the last
six years and also the County's growth rate in the last six years.
Craig Benedict showed a chart that tracks the growth rates. The growth in OCS
has been less than 1%. The information is being tracked very specifically.
Commissioner Gordon said that in an economic downturn, this will be the first
serious test of SAPFO and the cooperative agreement between the County, the Towns,
and the school districts. She thinks that it is important to maintain the SAPFO. She said
that Orange County is the envy of other school districts because of this agreement.
Commissioner Jacobs agreed with Commissioner Gordon and said that he would
like to see some more analysis of the unintended consequences. He thinks that one of
the unintended consequences is that Orange County has some the highest property
taxes in the State. It also stops development, stops school impact fees, and affects the
County's revenue. He thinks it is a more complicated issue than the stakeholders have
come to terms with.
Commissioner Gordon said that she is pleased that the SAPFO spoke to the
building of new schools, but she is also concerned about the older schools.
Ted Triebel agreed with Commissioner Jacobs that there should be some type of
capital fair funding, which would be some type of formula between new construction and
the cost of maintaining old schools. He suggested having an ad hoc committee look at
this.
Commissioner Nelson agreed about creating some type of formula.
Lisa Stuckey said that if a group like this forms, then there should be a bus tour
of schools in both school districts.
Commissioner Jacobs suggested that the school collaboration group initiate an
approach to this idea.
5. ADJOURN FOR CLOSED SESSION
A motion was made by Commissioner Hemminger, seconded by Commissioner
Jacobs to adjourn into closed session:
to consider the qualifications, competence, performance, character, fitness, conditions of
appointment, or conditions of initial employment of an individual public officer or
employee or prospective public officer or employee"NCGS § 143-318.11(a)(6)"; and to
"to consult with an Attorney retained by the Board in order to preserve the attorney-client
privilege between the attorney and the Board,"NCGS§ 143-318.11(a)(3).
VOTE: UNANIMOUS
Valerie Foushee, Chair
Donna S. Baker, CMC
Clerk to the Board