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Chapel Hill- Carrboro City Schools
- Capital Project Ordinance
Be it ordained by the Orange County Board of County Commissioners that pursuant to Section
13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project is
hereby adopted.
Section 1. The project authorized provides funds for the purchase of mobile classrooms.
Proceeds from impact fees, the Schools' portion of the one -half cent sales taxes
(pay -as- you-go funds), transfer from School Capital Reserve Fund, and
alternative financing proceeds fund this project.
Section 2. The officers of the County are hereby directed to proceed with the project within
the budget contained herein.
Section 3. The following revenue is anticipated to complete this project:
Section 4. The following amount is appropriated for this project:
FY 2009 -10
Current
FY 2009 -10
Amendment
FY 2009 -10
Revised
Sales Tax
$745,800
($610,800)
$135,000
Impact Fees
$1,186,000
($1,186,000)
$0
From School Capital Reservi
$205,000
($205,000)
$0
1992 Bond Funds
$0
$0
$0
1997 Bond Funds
$0
$0
$0
Alternative Financing
$110,000
($110,000)
$0
Total Funding
$2,246,800
($2,111,800)
$135,000
Section 4. The following amount is appropriated for this project:
Section 5. This ordinance shall remain in effect until closed by action of the Board of County
Commissioners.
Adopted this 17th day of November 2009.
FY 2009 -10
Current
FY 2009 -10
Amendment
FY 2009 -10
Revised
Plannin /Arch /En in
$0
$0
$0
Land /Assoc Fees
$0
$0
$0
Mobile Units /Construction
$2,246,800
$2,111,800
$135,000
Equipment/Furnishings
$0
$0
$0
Other
$0
$0
$0
Total Costs
$2.246.800
$2,111,800
$135,000
Section 5. This ordinance shall remain in effect until closed by action of the Board of County
Commissioners.
Adopted this 17th day of November 2009.
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 17, 2009
Action Agenda
Item No. (o - e
SUBJECT: School Capital Project Ordinance Amendments
DEPARTMENT: Finance PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
School Capital Project Ordinances
Procedures Gary Humphreys, 245 -2453
PURPOSE: To align School Capita( Project Ordinances to agreed upon balances.
BACKGROUND: The Board of Commissioners discussed this School Capital Project
Ordinance Amendments agenda item at its November 5, 2009 regular meeting. Based on
discussion at that meeting and follow -up by staff, the item is presented again for Board review
and approval.
As part of the process of reviewing School Capital Projects, County staff shared the County's
recorded amounts for School Capital Projects with the staff of the two school systems. County
staff and the staff of both the Chapel Hill Carrboro City Schools ( CHCCS) system and the
Orange County Schools (OCS) system had several meetings to compare respective project
records and determine how to bring records into alignment. It has been a number of years since
there has been an effort to reconcile the School project records and County project records.
Differences have accumulated over this time.
County staff met first with Chapel Hill Carrboro City Schools' staff. After initially reviewing the
budget and expenditure differences, the staffs jointly agreed to compare the remaining unspent
budget balances for all of the projects per the County records with the remaining unspent project
balances according to the school system's records. The comparison showed that the County's
records have a total remaining unspent project balance for all of the projects that is greater than
that shown on the school system's records. School staff and County staff agreed that a win -win
approach would be to come to agreement on the remaining project budget balances and adjust
records accordingly. The amount of additional funds needed to correct the under - funding for the
CHCSS projects has been reduced significantly.
County staff then met with Orange County Schools staff and went through a similar process.
The differences were not. as significant but the overall remaining budget needed was
approximately the same: In meeting with both of the school systems, a number of projects were
2
identified that were no longer active, but were still on the records of County or the school
systems or both and could be taken off the books.
The plan to correct the under - funding of the County and School Capital Project funds required
the appropriation of $5.92 million from the fund balance of the General Fund for transfer to the
two Capital Project Funds. The following table recaps the actions to date and the requested
transfer to the School Capital Outlay Fund of $723,945.
Manager's Two Year Funding Plan
FY 2009 -10
$ 5,920,000
Year One FY 2009
Transfer to School Capital Outlay Fund
3,000,000
3,500,000
Transfer to County Capital Outlay Fund
500,000
FULL PRO oeT CLMM
Year Two FY 2010 Not yet appropriated)
CHCSS Technology Project
381,055
2,420,000
Orange Co Schools Technology Project
342,890
2,422,387
Requested Transfer School Cap Outlay Fund
723,945
Energy Efficiency Renovations
Balance Remaining to address Co Capital Fund
\ \ \ \ \ \ \\
(13,832,502)
$1,696,055
The two schedules below summarize the project ordinance amendments being presented to
adjust the currently active project ordinances as agreed upon with the staffs of the Chapel Hill
Carrboro City Schools system and Orange County Schools system.
CHAPEL ILL CARRpCRO, CFF Y SCHOOLS
FY 2009 -10
FY 2009 -10
FY 2009 -
10
Current
Amendment
Revised
FULL PRO oeT CLMM
$ 624,202
(624,202)
0
Lincoln Center Conversion
Athletic Facilities
2,422,387
(2,422,387)
0
Energy Efficiency Renovations
\ \ \\ \ \ \ \ \ \ \\
15,042,502
\ \ \ \ \ \ \\
(13,832,502)
1,210, �00 \\
CLOSSM �ROOEt VeMB ACVVVBgY
Technology
Fire/Safety /Security
1,654,759
(1,629,759)
25,000
Carrboro High School
36,823,800
(36,748,800)
75,000
Doors, Hardware Canopies
867,277
(817,277)
50,000
Classroom /Academic Improvements
1,045,000
(965,000)
80,000
Electrical Systems
395,000
(328, 000)
67,000
Window Replacements
1,875,000
(1,521,342)
353,658
Morris Grove Elementary
24,257,751
(24,217,751)
40,000
Abatement Projects
685,000
(375,000)
310,000
Indoor Air Quality
2,548,309
(2,408,609)
139,700
ADA requirements
398,150
(282,645)
115,605
Mechanical Systems
3,540,043
(2,819,075)
720,968
Mobile Classrooms
2,246,800
(2,111,800)
135,000
Parking and Paving
1,301,860
\ \ \ \ \ \ \ \ \ \ \ \ \\
0
1,276,860
\ \ \� \N!"',
309,500
25,000
\` \ \\\\\
309,500
PROJECT
Transportation Center
There is a more recent funding issue related to Chapel Hill Carrboro City Schools system which
the School and County staff just became aware of related to the Fiscal Year 2008 -09
appropriation to the Mechanical Systems project. County staff will discuss this matter with
CHCSS staff and bring the item back to the Board.
ORAKW CQUl! TY AILS
FY 2009 -10
FY 2009 -10
FY 2009 -10
Current
Amendment
Revised
FLLL PROJECT CLOSIM
(1,475,000)
0
Hillsborough Elementary Renovations
$ 1,475,000
Pathways Elementary
13,014,081
(13,014,081
(553,459)
0
133,541
CL0=6 PRIOR TEARS ACTMW
Efland Cheeks Elementary
687,000
Grady Brown Elementary
256,000
(201,960)
54,040
Orange High School
3,623,800
(3,205,565)
418,235
Stanford Middle School
3,457,047
(3,033,982)
423,065
Technology
10,092,200
(9,848,101)
244,099
Central Elementary Air
439,000
(199,000)
240,000
Hillsborough Elementary
1,456,250
1,161,250
295,000
In addition to addressing the immediate problem of bringing records into alignment, the staffs of
each of the school systems and County staff agreed that there needed to be steps to insure that
project records are kept in alignment in the future. County staff and School staff have been
working more closely for some time which has served to keep more recent project activity in
better alignment. Communication on an ongoing basis is the key element to keeping records in
agreement. A joint meeting with both school systems' staffs was held to discuss how to
accomplish this. The staff of the school systems and County staff agreed to meet twice a year
to compare records and resolve any differences. The County Financial Services staff would set
the meetings which would occur in the September and March -April timeframe. Additionally staff
agreed to maintain good ongoing communication whenever there was a question related to
capital project activities. The staffs also agreed that actions would be taken on a timely basis to
close out project budgets when a project was complete. Preventing problems like those that
occurred is not a matter of implementing many new procedures — it is being diligent in
performing reviews and reconciliations which exist and following up with the necessary
corrective actions.
The above process involving the two school systems' staffs will be valuable in catching and
correcting errors and problems and resolving differences related to capital projects. A copy of
the capital project monitoring procedures (previously included as an attachment to a June 16,
2009 Board agenda item) are provided as an attachment to this abstract as information.
FINANCIAL IMPACT: An appropriation of $723,945 of fund balance in the General Fund for
transfer to the School Capital Project fund is necessary to complete the funding needed to bring
project funding into alignment.
RECOMMENDATION(S): The Manager recommends that the Board:
1) Approve the attached School Capital Project Ordinances; and
2) Approve the appropriation of $723,945 from fund balance in the General Fund for transfer
to the School Capital Project fund.
Commissioner Hemminger asked if any consideration had been given to individuals
who have a failing sewer system as opposed to just wells. Frank Clifton said that the Board
could pursue that, but it could not be related to the landfill because there are failing septic
systems throughout the County.
Commissioner Yuhasz suggested getting the results back from the study in the
previous item before moving too far ahead. This would also put an additional burden on the
Solid Waste Enterprise Fund. He made reference to page 3 and a mention of the report of the
Landfill Benefits Committee and, `legal analysis concerning the use of system funds," and he
did not see either of those things. He would like to see these things.
Frank Clifton said that this item is key to the study. The issue would be to set up a
process where funds could be set aside for future issues. The Enterprise Fund is required to
manage for 30 years after the landfill closes any environmental impacts that may occur. This
policy would address the short -term problems.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to approve the proposal regarding a no fault privately -owned well repair policy for properties
near the Orange County Landfill.
VOTE: UNANIMOUS
e. School Capital Project Ordinance Amendments
The Board considered aligning School Capital Project Ordinances to agreed upon
balances.
Financial Services Director Gary Humphreys said that this has been brought back from
the last meeting with the requested additional information. This would resolve all school issues
except for the one project of over - budgeting of funds in 2008 -09. When he looked into it, he
found that in May 2009, although the project ordinances were brought to the Board, up to $5.8
million in pay -as- you -go funds was added. When the budget was adopted, there was $4.8
million in pay -as- you -go funds, which is correct. This involves both school systems — OCS had
$400,000 over - budgeted and CHCCS had $600,000 over - budgeted. The problem was worked
out with OCS and not with CHCCS. The correct amount of money was allocated, but there
was just more money budgeted.
Discussion ensued about how this happened and how to keep it from happening again.
Frank Clifton said that there are records of the Board voting to do different things at
different amounts, which is what created this confusion. He said that Gary Humphreys has
gone back several years and looked at numerous minutes to look at and determine what action
was taken and the dollar amounts.
Commissioner Gordon made reference to page 31 and commended the staff for putting
the Capital Project Monitoring and Administration Procedures in place to make sure this does
not happen again.
PUBLIC COMMENT:
CHCCS Board Chair Lisa Stuckey said that the CHCCS staff and Orange County staff
have been working together on this issue. She asked about the remaining item and if, in the
resolution of that item, some of the items that will be resolved tonight are affected, if it would
be possible to come back and adjust what is happening tonight.
Frank Clifton said that this does not preclude the Board of County Commissioners
addressing the remaining issue in different ways.
Chair Foushee said that she would prefer that staff take this question and respond to
the CHCCS Board in writing.
f_ ,1
Commissioner Hemminger asked if any consideration had been given to individuals
who have a failing sewer system as opposed to just wells. Frank Clifton said that the Board
could pursue that, but it could not be related to the landfill because there are failing septic
systems throughout the County.
Commissioner Yuhasz suggested getting the results back from the study in the
previous item before moving too far ahead. This would also put an additional burden on the
Solid Waste Enterprise Fund. He made reference to page 3 and a mention of the report of the
Landfill Benefits Committee and, "legal analysis concerning the use of system funds," and he
did not see either of those things. He would like to see these things.
Frank Clifton said that this item is key to the study. The issue would be to set up a
process where funds could be set aside for future issues. The Enterprise Fund is required to
manage for 30 years after the landfill closes any environmental impacts that may occur. This
policy would address the short-term problems.
A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs
to approve the proposal regarding a no fault privately -owned well repair policy for properties
near the Orange County Landfill.
VOTE: UNANIMOUS
e. School Capital Project Ordinance Amendments
The Board considered aligning School Capital Project Ordinances to agreed upon
balances.
Financial Services Director Gary Humphreys said that this has been brought back from
the last meeting with the requested additional information. This would resolve all school issues
except for the one project of over - budgeting of funds in 2008 -09. When he looked into it, he
found that in May 2009, although the project ordinances were brought to the Board, up to $5.8
million in pay -as- you -go funds was added. When the budget was adopted, there was $4.8
million in pay -as- you -go funds, which is correct. This involves both school systems — OCS had
$400,000 over - budgeted and CHCCS had $600,000 over - budgeted. The problem was worked
out with OCS and not with CHCCS. The correct amount of money was allocated, but there
was just more money budgeted.
Discussion ensued about how this happened and how to keep it from happening again.
Frank Clifton said that there are records of the Board voting to do different things at
different amounts, which is what created this confusion. He said that Gary Humphreys has
gone back several years and looked at numerous minutes to look at and determine what action
was taken and the dollar amounts.
Commissioner Gordon made reference to page 31 and commended the staff for putting
the Capital Project Monitoring and Administration Procedures in place to make sure this does
not happen again.
PUBLIC COMMENT:
CHCCS Board Chair Lisa Stuckey said that the CHCCS staff and Orange County staff
have been working together on this issue. She asked about the remaining item and if, in the
resolution of that item, some of the items that will be resolved tonight are affected, if it would
be possible to come back and adjust what is happening tonight.
Frank Clifton said that this does not preclude the Board of County Commissioners
addressing the remaining issue in different ways.
Chair Foushee said that she would prefer that staff take this question and respond to
the CHCCS Board in writing.