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HomeMy WebLinkAboutMinutes - 20091006 APPROVED 11/5/2009 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING October 6, 2009 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, October 6, 2009 at 7:00 p.m. in the Central Orange Senior Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, and Commissioners Alice M. Gordon, Pam Hemminger, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: 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) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Changes to the Agenda - Proposed addition to the agenda (1-a - Employment Agreement for Frank Clifton — Orange County Manager). This was the blue sheet. - Letter from Social Services Director Nancy Coston detailing information about proposed grant monies. - PowerPoint for item 5-b - Memo from CHCCS Superintendent Neil Pedersen (item 6-c). Commissioner Foushee also read two proposed closed session items that the Board would need to add at the end of tonight's meeting: "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 consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the pubic body pursuant to N.C.G.S. 143-318.11(a)(3)" PUBLIC CHARGE The Chair dispensed with the reading of the public charge. A motion was made by Commissioner Hemminger, seconded by Commissioner Pelissier to approve adding the Employment Agreement to the agenda and to add the closed session items to the agenda. VOTE: UNANIMOUS a. Employment Agreement for Frank Clifton-Orange County Manager The Board considered confirming the terms of an employment agreement with Frank Clifton as Orange County Manager. Commissioner Foushee said that the Board has appointed Frank Clifton as the permanent County Manager. Mr. Clifton has been serving as Interim County Manager since June. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to approve the terms of an employment agreement with Frank Clifton as Orange County Manager. VOTE: UNANIMOUS 2. Public Comments a. Matters not on the Printed Agenda NONE b. Matters on the Printed Agenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Proclamations/ Resolutions/ Special Presentations-NONE 4. Consent Agenda A motion was made by Commissioner Nelson, seconded by Commissioner Hemminger to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes from August 24, September 1 and 10, 2009 as submitted by the Clerk to the Board. b. Appointments (1) Adult Care Home Community Advisory Committee — Reappointment The Board reappointed Wendy Gellert to a first full term ending September 30, 2011 to the Adult Care Home Community Advisory Committee. (2) Affordable Housing Advisory Board — Reappointment The Board reappointed Artie Franklin to a second term ending September 30, 2011 and Rashii Purefoy to a first full term to the Affordable Housing Advisory Board. (3) Chapel Hill Library Board of Trustees — Reappointment The Board reappointed Evelyn Daniel to a second full term ending June 30, 2012 to the Chapel Hill Library Board of Trustees. (4) Economic Development Commission — Reappointment The Board reappointed Randee Haven-O'Donnell to a first full term ending June 30, 2012 to the Economic Development Commission. (5) Orange Unified Transportation Board — Reappointments The Board reappointed Nancy Baker (Position 13 — Pedestrian Access Advocate); Paul Guthrie (Position 4 — Chapel Hill Township); Randy Marshall (Position 1 — Bingham Township); and Bryn Smith (Position 10 — Orange County Commission for the Environment) to the Orange Unified Transportation Board. All terms expire September 30, 2012. c. Approval of Expanded East Orange Fire Insurance District Boundary Map The Board approved the East Orange Fire Insurance Boundary District map which has been expanded to include properties within six road miles of Eno Fire and Emergency Services, Inc., Station 2 in the East Orange Fire Insurance District (properties within six road miles of Station 2 are currently not inside the fire insurance district). d. Amendment to the Eno River Parking Deck Lease This item was removed and placed at the end of the consent agenda for separate consideration. e. Termination of Lease with State for Space at the Moody Building The Board approved the termination of a lease between the County and the State of North Carolina for space used by Probation and Parole Intensive Unit at the Moody Building in Carrboro and authorized the Manager to sign. f. Authorization for the County Manager to Approve the Settlement of Claims and/or Litigation The Board authorized the County Manager to approve minor claims or litigation up to the same amount authorized in the annual County budget ordinance for contract approval by the Manager (currently $25,000). Policy Statement on Residents' Statements of Defense and Requests for Release or Refund of Taxes The Board adopted a policy to respond to all statements of defense and requests for release or refund of taxes presented to the Orange County Board of Commissioners pursuant to N. C. G. S. 105-380 and 105-381 which require a response by the Board within 90 days; upon receipt of such a statement by the Chair of the Board or by the County Manager, a copy of the statement be forwarded to each Commissioner, and to the County Attorney for analysis and recommendation; the recommendation of the County Attorney be presented to the Board of County Commissioners in sufficient time to allow the Board to act on the recommendation within the prescribed period for response; and the Board delegate its authority to determine requests for release or refund in amounts less than $100 to the County Attorney. h. Homelessness Prevention and Rapid Re-Housing Program Award The Board accepted a Homelessness Prevention and Rapid Re-Housing Program award of $1 million and authorized 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. i. Change in BOCC Regular Meeting Schedule for 2009 The Board considered one change in the County Commissioners' regular meeting calendar for year 2009. L Board of Commissioners Meeting Calendar for Year 2010 This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: d. Amendment to the Eno River Parking Deck Lease The Board considered approval of an Amendment to the Eno River Parking Deck Lease and its corresponding "Memorandum of Lease" to include in the description of the leased property, existing easements providing vehicular and pedestrian access to the Parking Deck across the Gateway Center property, and comparable easements being created across the County Office Building property and the County Library property and authorizing the Chair to sign. Commissioner Jacobs said that staff is working on a plan for public parking at the new office building and library and there has been confusion about parking at the Gateway Center. He hopes that staff will report back soon with the parking plan. Asset and Purchasing Services Director Pam Jones said that a report will be coming back to the Board on November 61h on the parking issue. The target date for occupation is mid-November and then occupation will be a rolling system. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to approve an Amendment to the Eno River Parking Deck Lease and its corresponding "Memorandum of Lease" to include in the description of the leased property, existing easements providing vehicular and pedestrian access to the Parking Deck across the Gateway Center property, and comparable easements being created across the County Office Building property and the County Library property and authorize the Chair to sign. VOTE: UNANIMOUS Board of Commissioners Meeting Calendar for Year 2010 The Board considered final approval of the regular meeting schedule for the Board of County Commissioners for calendar year 2010. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to approve the 2010 calendar with the proposed written changes in abstract as well as moving the January 26th closed session to Monday, January 251h. (Commissioner Jacobs has a work conflict) VOTE: UNANIMOUS 5. Public Hearings a. Public Hearing on the Issuance of Up to $4.6 Million of Qualified School Construction Bonds for the Carrboro High School Arts Wing The Board considered an update on the status of the proposed issuance of up to $4.6 million of Qualified School Construction Bonds for the Carrboro High School Arts Wing and to conduct a public hearing to receive public input. Bond Counsel Bob Jessup said that the purpose of this is to take public comment on issuing $4.6 million in bond funds for the Carrboro High School Arts Wing. The Qualified School Construction Bonds are intended to be a very low-interest cost financing option for school projects. The reason that this is going to public hearing is that right now there is not a market for anyone that wants to buy these bonds. Staff is trying to push the procedural aspects of this project as far along as it can in the expectation that the market will develop and then Orange County will be farther ahead of the procedural process so that it can be developed more quickly. He made reference to the memo, which outlines the pros and cons of continuing to push forward with this. The recommendation is for the Board to take public comment and offer direction to staff on the issuance of the bonds. Commissioner Gordon asked about the recommended plan for the whole package. Bob Jessup said that this is a Finance issue and not a legal issue. He would like to try and find a way to proceed this calendar year. Commissioner Gordon asked the staff to address how this can be done this calendar year. She said that it was important to construct the arts wing. Frank Clifton said that part of the issue is to move this process in the calendar year but they need to see if there is a market for this. Commissioner Gordon said that her understanding is that the LGC will not let this go forward unless financing is in place. Bob Jessup said that the LGC wants you to have the money in the bank with a plan. Frank Clifton said that this is a new process for the state and N.C. is conservative financially. Bob Jessup said that there are a lot of finance directors and such that are trying to find buyers for their bonds and it might not be until March 2010 before the bonds are purchased. Commissioner Jacobs said that there is only one company that seems to be interested and he asked if the Board should jump right on this or wait. Bob Jessup said that if there was a company that was familiar with N.C. lending, then the Board should proceed. Discussion ensued on the funding of this project and the funding of the auditorium at Stanford Middle School for OCS. Commissioner Yuhasz said that this was originally presented as an interest free program and now it looks as if there might be interest associated with it. Gary Humphreys said that the factors that drive that have to do with the tax credit level and there is not as much of a market for that now. PUBLIC COMMENT: Desiree Goldman has a freshman at Carrboro High and is involved in performing arts. She said that the school play is at Chapel Hill High since Carrboro High does not have an arts wing. She urged the County Commissioners to do whatever it takes to build the arts wing. Susana Dancy asked for everyone in support of the arts wing to stand. She said that there were more people that support this, but there are about 50 children at Chapel Hill High School rehearsing. She said that parents have been working hard transporting their children from one school to the other because of the lack of an arts wing. This also affects the Chapel Hill High students because the Carrboro High students are using their facility. The lack of an arts wing also affects the bands and choirs. Jim Rogalski presented 24 letters from students that could not be here tonight who are in support of the arts wing. He said that this is a golden opportunity to get this wing. CHCCS Board Chair Lisa Stuckey said that she is here for her board and they are in support of the arts wing and the funding for it. She said that this is a good opportunity to borrow money at little or no interest. She said that the gap in funding needs to be in place to get the LGC funding and the board is willing to divert this money to the arts wing as needed, if it can be reimbursed. She said that the board needs some clarification on the repayment of the principle and interest and the source of those funds. She said that there is some misunderstanding as to how this money will be paid back and that the school board supports this project and is willing to work with the Board of County Commissioners on this issue. Julie Richardson has children in the CHCCS and they are or will be attending Carrboro High. She said that everyone would like to get this school finished, especially an arts wing. She asked that this school be finished before starting on Elementary School #11. She applauded the Board of County Commissioners on this fiscal responsibility but now is the time to take advantage of these low interest bonds. Ed Finerty said that it seems as if the Board of County Commissioners wants this to happen. He would like the Board to tighten up this financial plan and get the needed funding. Melanie Rio is a Carrboro High student. She said that this school is incomplete and with no auditorium, it is the kids that are missing out. Benjamin Judge is a senior at Carrboro High School and said that their facilities are inadequate, like the band and chorus room. He said that the students do not have that sense of pride in the arts program. Serena Fenton said that people were so excited last spring when they all thought the arts wing was a done deal and then they found out last week that there are problems with the funding. She said that she hopes that their money is not going to Elementary School #11 first. Carol Barrow said that she also thought the arts wing was a go. She said that not all students are athletic or academic. She asked the County Commissioners to please pass this arts wing for the students. Mike Taylor thanked the County Commissioners for their service to Orange County and said that it is admirable for the Board of County Commissioners to let parents and school board members to come forward and comment on this plan. He said that this is a good time to stimulate the economy for a shovel-ready project. He said that his son is in the performing arts at Carrboro High. He respectfully requested the County Commissioners to support this item. Michael Barrow said that he attended Chapel Hill High years ago and made it to Broadway in the performing arts. He said that his high school and past experiences changed his life. Commissioner Gordon said that there needs to be a definite financial plan to get LGC approval. She said that the CHCCS Board Chair said that she could find the pay-as-you-go funds. She suggested that the Board go forward with these bonds, get pay-as-you-go funds from CHCCS, and then Orange County can provide the administrative funds. Bob Jessup said that this would be sufficient for the idea of a plan to present to the LGC for construction costs in showing a complete package of the funding. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to close the public hearing and approve moving forward with the issuance of Qualified School Construction Bonds, and to have a conversation with the CHCCS about reimbursing the funds provided by CHCCS. Commissioner Gordon suggested including the proposed funding offer from CHCCS and suggested adding an amendment to the motion stating that Orange County would provide administrative costs. The Board agreed with the amendment to the motion. Commissioner Jacobs said that this Board has always been supportive of this arts wing but they are also trying to put their financial affairs in order. He said that there were discussions years ago about whether arts should come before athletics and this was a choice of the CHCCS Board and not of the Board of County Commissioners. VOTE: UNANIMOUS b. Zoning Ordinance Amendment Establishing Regulations for Drive-thru Facilities The Board reviewed and deliberated on a staff-initiated Zoning Ordinance Text Amendment to Article Six (6) Application of Dimensional Requirements to establish regulation governing the development of drive-thru facilities within the County. Planner Michael Harvey made this PowerPoint presentation. AGENDA ITEM: 5-B PUBLIC HEARING Review of a proposal to amend the Orange County Zoning Ordinance to establish regulations for drive-thru facilities Tuesday October 6, 2009 — BOCC Meeting Options relating to drive-thru facilities: *Option One (1): Prohibit drive-thru facilities within the County's planning jurisdiction, *Option Two (2): Regulate as to the location and operational characteristics, required landscaping, and cumulative number of drive-thru facilities. *Option Three (3): Implement a County-wide educational program on the problems of vehicle idling while not taking any action to amend existing development regulations. What is before you: •Minutes of the various related meetings where item was discussed (Quarterly Public Hearing, Planning Board, OUTBoard,etc) •Study presentation materials reviewed by the Planning Board (Attachment 5) •Staff report on the regulation drive-thru facilities as requested by the BOCC (Attachment 6) *Sample site plan and physical examples of how proposed regulatory concept would work as requested by the BOCC (Attachment 8) Attachment Eight (8) - Site Plan: Attachment Eight (8) - Example Attachment Nine (9) —Additional Information •2005 Orange County Greenhouse Gas (GHG) Inventory. Idling of cars represents approximately .06% of total vehicle emissions, •A 2001 report from the EPA entitled `Extended Vehicle Idling'. Document suggests mitigating drive-thru impacts, most of which we are proposing. Planning Board Recommendation: The Planning Board reviewed this item at their April 1, 2009 meeting where the following motion was made: •Recommend the County initiate a comprehensive and countywide awareness education program about idling and the contaminants it puts in our air, and •Recommend the BOCC disregard staff's two (2) options and take no action on adopting regulations banning development of drive-thru facilities within the County's planning jurisdiction (Option 1) or adopting comprehensive development standards for drive-thru facilities (Option 2). Administration Recommendation: •Receive the Planning Board recommendation, •Receive the additional requested information, •If necessary, deliberate further on the proposed amendment, Close the public hearing, and •Adopt Option Two (2) — specifically adopt the proposed regulations detailed within Attachment One (1) of the packet. PUBLIC COMMENT: Ben Lloyd is a resident and taxpayer of Orange County. He said that he obtained a copy of this abstract and that adopting this will contribute to Orange County's "No Growth" image. He said that in 2005 the Board of County Commissioners adopted an Economic Development plan to create 5,000 jobs. He said that no one will come to Orange County if the Board of County Commissioners adopts this. He said that this regulation is not good for Orange County. He said that mothers with kids and the handicapped are referred to in this abstract regarding drive-thrus. He said that the County should focus on the real problem, which is fuel consumption. He said that he would support a ban on drive-thrus if there is a ban on stoplights or UNC ballgames because of the idling pollution. He said that he supports option 3, which is to do nothing. Commissioner Jacobs said that the Chair of the Economic Development Commission said that the EDC was not consulted to participate in this process. He would like to incorporate the EDC on economic development matters and Chair Foushee agreed. Commissioner Pelissier said that she was disappointed that the minutes from the OUT Board were insufficient. She said that Orange County now bans drive-thrus in the Hillsborough EDD and the Efland-Cheeks Overlay District. She asked how this decision was made and the rationale. Michael Harvey said that in the Eno EDD overlay, one of the reasons they recommended banning drive-thrus was because this was primarily for residential areas and they did not want franchise businesses to be there. Commissioner Hemminger said that she is excited about the education portion of the program and the more education that can be done can affect the idling issue. She said that families sit in carpool lines and more education would be helpful to these types of people. She is concerned about the banning component in regards to older citizens and how this will affect them. Commissioner Yuhasz agreed with Commissioner Hemminger about the education component. He said that an outright ban of drive-thrus may affect commercialization and he does not want to discourage the development of economic development. He said that there are a lot of other sources of idling besides drive-thrus. He said that the County should promote the education component of this and continue to monitor what will happen. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to approve Option 3 — Implement a County-wide educational program on the problems of vehicle idling while not taking any action to amend existing development regulations. Commissioner Jacobs asked if the County Commissioners could ask for more extensive minutes from the OUT Board and all agreed. Commissioner Jacobs said that they are all in favor of education. He would like to see a definite timeframe on the education process as well as a plan. He thinks that there should be some performance measures in regard to education so that there is an end result. Commissioner Nelson said that he will vote against the motion. He is not against education, but he supports an outright ban. Commissioner Nelson said that he is frustrated because this room was not designed for meetings and the acoustics are horrible. He said that the symptoms are being treated, and he would like to solve the problem. He suggested meeting somewhere else or fixing the acoustical problems. Commissioner Nelson said that the economic development question needs to be dealt with and Carrboro has had a ban on drive-thrus for 15 years and it has not hurt the economic development there. He said that the underlying issue is greenhouse gas and global warming and there is no silver bullet. He said that the community will survive without drive-thrus. Commissioner Pelissier said that she agreed with Commissioner Nelson's comments, and in rereading the minutes of the Planning Board and previous quarterly public hearings, she thinks that everyone has forgotten some of the major goals. She said that there were plans to put drive-thrus in the Buckhorn area when she was on the Planning Board, and now that is a moot issue. In the Planning Board minutes, it all started with greenhouse gas emissions and educating parents to not idle in the drop off lane at a school. She said that the real issue is that drive-thrus are a symbol of the car-oriented culture. She thinks that if the County wants to move in the right direction, it has to change the symbols and the messages. The County wants to create developments that are transit-friendly, pedestrian-friendly, and bicycle-friendly. She said that there is no clear evidence that if drive-thrus are banned that a message is sent to the business community that they are not wanted. She thinks that banning drive-thrus sends a message about the kinds of businesses that the County does want. Commissioner Hemminger said that she would like to formally ask the school districts to educate their students and families about the issue of idling. Commissioner Yuhasz said that the areas that this would affect are the EDD's that are not in Chapel Hill or Carrboro, and the environment and atmosphere will be different in Orange County. There will not be a lot of development where people can walk to the places that are going to develop. He said that there is significantly more greenhouse gas created by the kiss- and-go lanes at the schools than will ever be created by all drive-thru restaurants that ever might be created in Orange County, and this ban does not address that at all. He said that this ordinance would not minimize greenhouse gas. He thinks that the message with this is that Orange County does not like drive-thrus and the food that is served and the people that go there. He does not want to send that message. Commissioner Jacobs said that he originally proposed this idea about banning drive- thrus and it has nothing to do with the kind of people that use drive-thrus. He said that once he proposed it, he has never used a drive-thru anywhere, even at a bank. He said that he has always been opposed to the size of the kiss-and-go lanes at schools. He said that someone has to take the lead in addressing a culture that is so car-oriented. He is willing to consider a motion to do education before a ban. He said that this has to do with emissions, but there needs to be a clearer and targeted message. If not, then the Board will vote 4-3 for the ban. Chair Foushee asked Commissioner Yuhasz to restate his motion. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to accept the Administration's recommendation, substituting option 3 for option 2 in #4. He said that he might be willing to accept some modification of the motion to put some reasonable time limit on the education component to see if it has had an effect, and to involve the schools. Commissioner Jacobs suggested asking staff to come back with a proposal with a specific timeframe, a way to measure the effectiveness of the educational component, and a plan for the education. Commissioner Yuhasz agreed to add this to the motion. VOTE: Ayes, 3 (Commissioner Yuhasz, Commissioner Hemminger, Commissioner Jacobs); Nays, 4 MOTION FAILED A motion was made by Commissioner Gordon to approve the Administration recommendation, Option 2: Regulate as to the location and operational characteristics, required landscaping, and cumulative number of drive-thru facilities. There was no second and the motion failed. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to recommend that the Board take no action at this time. VOTE: Ayes, 3 (Chair Foushee, Commissioner Hemminger, Commissioner Yuhasz); Nays, 4 MOTION FAILED A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to defer this item/discussion until the Economic Development Commission has had a chance to review this information and to submit comments. VOTE: Ayes, 4; Nays, 3 (Commissioner Gordon, Commissioner Pelissier, and Commissioner Nelson) A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to close the public hearing. VOTE: UNANIMOUS 6. Regular Agenda a. Resolution Authorizing Application to the Local Government Commission to Issue Up to $27 Million in General Obligation Refunding Bonds The Board considered approving a resolution authorizing application to the Local Government Commission to issue up to $27 million in General Obligation Refunding Bonds. Gary Humphreys said that staff is asking the Board to approve a resolution authorizing application to the Local Government Commission to issue up to $27 million in General Obligation Refunding Bonds. He said that staff maintains contact with several financial advisors who track the County's bonds against market conditions to identify opportunities to achieve debt service savings through refunding outstanding debt of the County. Municipal bond interest rates have continued to fall in recent months. BB&T Capital Markets has identified an opportunity for debt service savings and brought an analysis of the potential savings under current market conditions. The current proposal is to refund $9.19 million of General Obligation (GO) debt issued in 2001 and $6.525 million of GO debt issued in 2003. The analysis shows a potential savings of $589,000 over the remaining life of the debt with a net present value of $496,000. The analysis shows a reduction in debt service would be approximately $30,000+ in the current fiscal year and would average a little over$50,000 a year for fiscal years 2011 through 2021. He said that the Local Government Commission requires the percentage savings of debt service to be approximately 3.0% or more of the amount of the refunded bonds. The proposal shows a 3.16% savings. Market conditions could change between now and the time of issuance either increasing or decreasing savings. The refunding analysis proposed does not refund all of the outstanding maturities of these bonds. The application to the LGC is proposed for up to $27 million in order to allow the flexibility to refund the additional $6.8 million of outstanding maturities if there will be sufficient additional savings. A motion was made by Chair Foushee, seconded by Commissioner Pelissier to 1) authorize staff to proceed with an application requesting the Local Government Commission's approval to issue up to $27 million of refunding bonds for the purpose of refunding a part of the County's outstanding 2001 and 2003 General Obligation Bonds; and 2) authorize BB&T Capital Markets, a Division of Scott and Stringfellow, LLC ("BB&T Capital Markets"), to serve as Financial Advisor and the firm of Sanford Holshouser, LLP represented by Bob Jessup to serve as Bond Counsel. VOTE: UNANIMOUS b. Schools Adequate Public Facilities Ordinance — Recommended Update to Student Generation Rates The Board considered approval of revised Student Generation Rates (SGR) for Orange County Schools and Chapel Hill-Carrboro City Schools to be incorporated in the Schools Adequate Public Facilities Ordinance (SAPFO) and the Certificate of Adequate Public Schools (CAPS) system. Planning Director Craig Benedict made this Power Point presentation. Student Generation Rates October 6, 2009 BOCC Meeting Item 6.b Student generation rates (SGR) should be updated to reflect most up-to-date data (2007 TischlerBise study). •Last study was 2001. •In December 2008 BOCC directed staff to update SGRs used in SAPFO processes, following procedures in SAPFO MOU. •SAPFO partners are in agreement with changes. •In SAPFO, Student Generation Rates are used only as part of the CAPS (Certificate of Adequate Public Schools) procedures. CAPS process determines if capacity is available for the number of students expected to be generated by proposed new housing. CAPS System Example 100 Lot Project (generation rate tables) Implications of Change •Particularly in the CHCCS district where the expected number of students from new single family detached housing has risen substantially, the available amount of capacity would be 'used up' more quickly on the CAPS spreadsheet. •In situations where capacity is at or above agreed-upon limits, CAPS for new housing development would not be issued. Recommendation •Approve the updated Student Generation Rates for use in SAPFO processes. •Note: Rates would start being used in August 2010, as per timeline sequence of events in SAPFO MOU, as part of the November 2010 CAPS Reboot. PUBLIC COMMENT: Mike Kelly said that the school board supports the Manager's recommendation. A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to approve the revised Student Generation Rates (SGR) for Orange County Schools and Chapel Hill-Carrboro City Schools to be incorporated in the Schools Adequate Public Facilities Ordinance (SAPFO) and the Certificate of Adequate Public Schools (CAPS) system. VOTE: UNANIMOUS c. Schools Adequate Public Facilities Ordinance (SAPFO) Effects on Chapel Hill-Carrboro Elementary #11 The Board considered an explanation of the relationship between SAPFO and the timing of Chapel Hill-Carrboro Elementary#11. Planning Director Craig Benedict made this Power Point presentation. SAPFO and CHCCS Elementary School #11 •Need for E.S. #11 in 2010-11 Projected over-capacity situation would be 26 students •Projections are based on an average of 5 models and use historical data Mathematical model projects growth or decline •Large fluctuations in membership can greatly affect projections 2009-10 20th day numbers (not the official Nov. 15 membership) Show actual enrollment in CHCCS Elementary schools is 181 students less than what was projected in the 2009 SAPFOTAC Report. •A membership difference this large on November 15, 2009 would be the difference between a projected LOS of 103.1% (as was expected in the 2009 Report) and an actual LOS of 100.4%. Could change the projected need for E.S. #11 to at least 2011-12. Previous Class Size Changes •As of '08-09, SAPFOTAC Report projections use DPI mandated class sizes to determine capacity. •585 capacity school; Morris Grove created only 323 new seats when class size reductions went into effect upon school's completion. •When assuming typical growth rates, new schools usually accommodate 4-5 years of growth. 2009 Legislative Attempt to Increase Class Sizes Although bills (HB 443 and SB 741) to increase class sizes were introduced this year to attempt to address State budget issues, the bills were not voted out of Committee. Class sizes have not been changed. Commissioner Gordon made reference to the change in kindergarten eligibility and Neil Pedersen's memo and asked how the difference is taken into account. Craig Benedict said that by next year it will be back on the 12-month correction period, but this year is an aberration with the numbers down. PUBLIC COMMENT: Mike Kelly said that the original projection was 2010 for Elementary#11. He said that the State Board of Education still has the requirements in place that K-3 reduce class sizes. He said that the estimate is that the school will need to come online in 2012, and discussions need to take place between the CHCCS Board and the Board of County Commissioners. Commissioner Yuhasz said that during the spring capital considerations, the CHCCS brought up a list of potential capital projects and two were additions to elementary schools. He asked if these additions could be moved ahead and Elementary School #11 could be pushed out a couple of years to save some money. Mike Kelly said that this may have been a list of shovel-ready projects. He said that two of their elementary schools are projected to increase by six classrooms per school and this would not meet the needs for 5-6 years out. Commissioner Yuhasz asked for some additional information because this could be a viable alternative. Jamezetta Bedford pointed out that when schools get too crowded, it is not just the classrooms that are stressed, but also the gyms, cafeterias, media centers, etc. Commissioner Jacobs said that this needs to be done during the budget process. He said that the County's debt policy does not set a cap and it has been since 1998 since this debt policy was adopted. He wants to revisit the policy. Also, he strongly believes that the County Commissioners need to revisit the SAPFO because it does not address the real issue. Sometimes the County is not able to pay for new schools and units that have not even been built yet are being counted. He would like to see some type of discussion on how to look at this in a straightforward way and try to figure out how this can work out. Commissioner Gordon said that Elementary School #11 is needed in 2012 and that should be the goal. She made reference to the SAPFO and said that this is the real test of the SAPFO. Commissioner Nelson agreed with Commissioner Gordon that the goal should be 2012 for Elementary School #11. He said that the economic conditions may affect this but this is the first real test of SAPFO. Commissioner Jacobs said that Morris Grove Elementary was the first test and he would like to see a process that takes into account the ability to afford new schools. A motion was made by Commissioner Gordon, seconded by Commissioner Nelson to conceptually confirm the timeline for the need for Elementary School #11 to be 2012, as stated by the CHCCS Board. Commissioner Hemminger said that she has trouble with this because the budget constraints are not known. The Board agreed to table this discussion until the budget is discussed in the spring. 7. Reports-NONE 8. Board Comments Commissioner Jacobs made reference to the water levels report and asked that staff give a report on how this compares to other years when there was a drought situation. He wants to get a sense on where the reservoir stands and if something needs more attention. Commissioner Yuhasz asked that the Board get an update on the Efland sewer project and progress. Frank Clifton said that this item would be coming to the BOCC on the next regular meeting agenda. 9. County Manager's Report Frank Clifton thanked the County Commissioners for appointing him as County Manager. 10. Appointments a. Adult Care Home Community Advisory Committee — New Appointment The Board considered making new appointments to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Pelissier, seconded by Commissioner Nelson to appoint Thomas Olsen, Sandra Dove, Richard Gross and Barbara Hardison to the Adult Care Home Community Advisory Committee. They will all be serving a one-year training term which will end on October 30, 2010. VOTE: UNANIMOUS b. Joint Orange Chatham Community Action (JOCCA) — New Appointment The Board considered making new appointments to the Joint Orange Chatham Community Action. A motion was made by Commissioner Pelissier, seconded by Commissioner Nelson to appoint Dr. Iheoma Iruka to the Joint Orange Chatham Community Action (JOCCA). VOTE: UNANIMOUS 11. Information Items • Fire/Rescue/EMS Phase One Assessment— Update 12. Closed Session-HELD A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to go into closed session at 9:38 p.m. for the purpose of: "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 consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the pubic body pursuant to N.C.G.S. 143-318.11(a)(3)". VOTE: UNANIMOUS RECONVENE INTO OPEN SESSION A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to reconvene into open session at 11:55 p.m. VOTE: UNANIMOUS 13. Adjournment A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to adjourn the meeting at 11:55 p.m. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker, CMC Clerk to the Board