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Home My WebLink AboutORD-2007-008 - Ordinance approving Budget Amendment #11 for FY 2006-07~~~-~~a~ -c~U~ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 24, 2007 Action Agenda Item No. ~_ SUBJECT: Budget Amendment #11 DEPARTMENT: Budget PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Attachment 1. Budget as Amended Spreadsheet Attachment 2. Year-To-Date Budget Summary Attachment 3. Gravelly Hill Middle School Capital Project Ordinance Attachment 4. Carrboro High School Capital Project Ordinance Attachment 5. Chapel Hill Carrboro City Schools Elementary #10 Capital Project Ordinance Attachment 6. Commissioners Contingency Status Report INFORMATION CONTACT: Donna Coffey, (919) 245-2151 PURPOSE: To approve budget and capital project ordinance amendments for fiscal year 2006- 07. BACKGROUND: Health Department 1. The Health Department's Division of Environmental Health has 7eceived notification of additional State funds of $1,478 in Food and Lodging inspection revenues. These funds reflect aperformance-based distribution of FY 2005-06 Food and Lodging fees based on the County's compliance with mandated inspections of food and lodging establishments. This budget amendment provides for the receipt of these additional funds. (See Attachment 1, column #1) Department on Aging 2. The Community Based Services division within the Department on Aging has received notification of additional State Senior Center General Purpose funds totaling $15,369 for this fiscal year. The department plans to use these funds to cover temporary personnel costs associated with on-going evening senior center programming, supplies for special events and activities, and for replacement of electronic equipment, such as LCD projector, digital 2 camera, and audio equipment at the County's senior centers. This budget amendment provides for the receipt of these additional funds. (See Attachment 1, column #2) School Capital Projects 3. Historically, in accordarice with NC General Statute 164-4(c), school districts have been able to receive refunds for the sales taxes that they have paid. During the 2005 legislative session, the NC General Assembly amended the Statute and deleted local school administrative units (LEAs) from those governmental entities eligible to receive sales tax refunds. Pursuant to the amendment, school districts can no longer claim sales tax refunds after fiscal year 2005-06. As a result of the legislative action, both Orange County Schools and Chapel Hill Carrboro City Schools stood to lose hundreds of thousands of dollars per year from school capital project sales tax reimbursements. For example, the Orange County Schools' Gravelly Hill Middle School construction capital project anticipated receiving $300,000 in sales tax refunds, and the Chapel Hill Carrboro City Schools' Carrboro High School construction capital project was relying on $450,000 in sales tax refunds. After the General Assembly approved the amendment, the Local Government Commission (LGC) issued a memorandum that clarified how, under certain conditions, a county could assume responsibility for the construction of school facilities and the purchase of supplies and materials, and thereby be eligible for sales tax reimbursements. On December 13, 2005, the Board of County Commissioners approved interlocal agreements that adhered to the LGC's guidelines between the County and both the Orange County and Chapel Hill Carrboro City Schools. To properly budget the receipt of the sales tax refunds, it is necessary to amend the Gravelly Hill Middle School and Carrboro High School Capital Project Ordinances to reflect the refunds as County revenues passed on to each school district. The attached capital project ordinances reflect the change. It is important to note that there was a delay between the time the General Assembly amended the Statute and the enactment of the interlocal agreement between the County. The delay resulted in sales tax refunds that will be about $141,500 less than anticipated. County staff will work with Orange County Schools staff to identify how to make up the shortfall and will report to the Board later this spring. (See attached Gravelly Hill Middle School and Carrboro High School Capital Projecf Ordinances) 4. On March 13, 2007 Commissioners approved a funding plan for Chapel Hill Carrboro Elementary School #10. The attached capital project ordinance reflects the project budget approved by the Board. (See attached Elementary #10 School Capital Project Ordinance) SportsPlex Enterprise Fund 5. It was the intent of the Board of County Commissioners to approve a $2,403,000 budget for current fiscal year funding for the SportsPlex Enterprise Fund. However, in preparing the budget ordinance, staff inadvertently omitted the SportsPlex Enterprise Fund section of the actual budget ordinance that the Board approved on June 27, 2006. This amendment corrects the ordinance and budgets for the revenues and expenditures associated with the fiscal year 2006-07 SportsPlex Enterprise Fund annual operating budget. Revenues for the Enterprise Fund consist of activity related fees charged to users as well as the $700,000 transfer from the County's General Fund (the transfer from the County's General Fund was 3 correctly captured in the budget ordinance adopted by the Board on June 27) (See Attachment 1, column #5). Library Services 6. At its March 27, 2007 meeting, the Board of County Commissioners approved a request for funding from the Library Services Task Force for consultant fees totaling $4,000. The consultant will work with the Task Force on a Service Needs Plan for Orange County Public Libraries. This budget amendment provides for an appropriation of $4,000 from Commissioner Contingency. Should the Board approve this appropriation, $12,333 would remain in Commissioner Contingency for the remainder of the current fiscal year. (See Attachment 6, Commissioner Contingency Status Report) Orange/Chatham Justice Partnership Program 7. The Governor's Crime Commission has awarded a $209,152 multi-year grant to Orange County.. The first year funding will total $109,358 with the second year funding totaling $99,794. The Partnership plans to pass the monies to the Mental Health Association in Orange County to offset costs associated with their SFP 10-14 and FAN programs. These programs build family protective factors and reduce delinquency amount juveniles living in Orange County. There is no county match required for the receipt of these funds. This budget amendment provides for the receipt of first year funding in the amount of $109,358 for the above stated purpose. (See Attachment 1, column #7) FINANCIAL IMPACT: Financial impacts are included in the background information above. RECOMMENDATION (S): The Manager recommends that the Board of County Commissioners approve the attached budget and capital project ordinance amendments. ~ 9N a 0 ~1 ~ 5~ • 6$ ..~ . ~~ ~ S Aj ~ e Q~~'~ig~~~~° . ~$g}g g jj @¢ ~E~~p9 ~ ea 8 ~f ~¢~gE~g~~~b~gg ~ ~~ ~F ~¢P [~-ggd y gg@~ q p ~ ~ ~~ § 5 ~ a ~~~~~~ ~ qq $J£ ~ gg ~~~~+II~ ~~m @ 5 ~#~~ Q~~B ~€ . ~ FF $$ aa~~~S~B Z~~~ ~~8888 ~ 4 e C , EE Sn E ~ F e$~~~~3e . » ~ ~s pp ~~$t~~~ ~ ~~~~;~F'€a~~ E ~ ~ Rp : ~ ~a .e a E $~ ~~ s e e& s - a e c ~ a e a s ~ ~ ~ ~ a x t o - • ~ ~- e2 ^ G Lp6 aa[ •• C" e x ~ ~ 4 m~ • • R F6 e~ ^d 'a ~a »7 ~ eee .'.C e ~a6 a °o w ~ g d <.g ~ Fg 3~ =i ~? ~g € ~ s F ~ ~~F a~ ~B~ £E a5 b a a~g ' ` a s Attachment 2 Year-To-Date Budget Summary Fiscal Year 2006-07 General Fund Budget Summary Ori final General Fund Bud et $163,473,184 dditional Revenue Received Through Budget mendment #11 A ril 24, 2007 Grant Funds $772,281 Non Grant Funds $904,774 Additional County Dollars (i.e. County Fund Balance Appropriated to Date) to Cover Unantici ated Ex enditures $1,406,650 Total Amended General Fund Budget $166,558,889 Dollar Change in 2006-07 Approved General Fund Bud et $3,083,705 Change in 2006-07 Approved General Fund Budget 1.gg% Authorized Fuil Time Equivalent Positions Original Approved General Fund Full Time E uivalent Positions 773.836 Original Approved Other Funds Full Time Equivalent Positions 69.300 dditional Positions A roved Mid-Year 0.000 Total Approved Full-Time-Equivalent Positions for Fiscal Year 20011-07 843.136 Alfc,~hmert-~ 3 Gravelly Hill Middle School Orange County 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 Orange County Schools to purchase property and design, construction, and equipping of a new middle school facility. Anticipated revenues for the project consist of pay-as-you-go funding (transfer from General Fund and Sales Tax Reimbursements); 2001 voter approved bond funds, a private placement loan, and a transfer from the County Capital Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following County revenue is anticipated to complete this project: Through FY 2005-06 - 07 Throug 2005-06 ay- s- ou- o rans er from General Fund $0 $802,000 $802,000 rans er rom oun Ca ital Fund $60,000 $0 $60,000 a es ax Reimbursements $0 $300,000 $300,000 2001 Bonds $18,500,000 $0 $18,500,000 Private Placement Loan $3,500,000 . $0 $0 Total Coun Fundin $22,120,000 $1,102,000 $23,222,000 Section 4. The following amount is appropriated for this project: Through FY 2005-06 FY2006-07 Through FY 2006.07 Construction $15,869,393 $300,000 $16,189,393 Site uisition $775,005 $0 $775,005 Site Acquisition (SalsMlaterialsTwting, $20,000 $0 $20,000 Site Devel $2,605,602 $0 ,605,602 Fees Arch/ Desi n $1,115,000 $0 $1,115,000 Nbveable ipment $600,000 $0 $600,000 Tedmol $650,000 $0 $650,000 on Conti $465,000 $0 $465,000 Orie-Time Start Costs $0 $802,000 $802,000 Total $71,120,000 1,102,000 $23,222,000 Section 5. In addition, the Orange County Board of Education plans to appropriate the following revenues to the project to cover construction costs. Through FY 2005-06 FY 2006.07 Through FY 2006-07 Sales Tax Refunds $300,000 $300,000 0 NCDOT Grant 50,000 $0 $50,000 i Iona are o Electrical Service $60,000 $0 $60,000 o a oar o Education Fundin $410,000 $300,000 $110,000 Section 6. The cost to site and construct Gravelly Hill Middle School totals $24,009,525. Through FY Through FY 2005-06 FY 2006-07 2006-07 oun i e c o0 ft3 Bond Funds $18,500,000 $0 $18,500,000 County 2001 Soccer Super Fund Bonds (to cover site development costs for West 10 Soccer Complex co-located at the Middle School #3 site $237,525 $0 $237,525 Pay-As-You-Go Funds (Transfer from General Fund $0 $802,000 $802,000 Transfer from Coun Ca ital Fund $60,000 $0 $60,000 range oun nva a acemen Fundin $4,000,000 $0 $4,000,000 School Board Funds $410,000 $0 $410,000 0 oar o uca ion Fundin $23,207,525 $802,000 $24,009,525 Section 7. This ordinance supersedes all previous Gravelly Hill Middle School capital project ordinances. Section 8: This capital project ordinance, originally adopted March 4, 2005, shall remain in effect through June 30, 2007. Adopted this 24th day of April 2007. q~i{achmenf ~ Carrboro High School (Formerly High School #3) 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 Chapel Hill-Carrboro City Schools to acquire property for, and to design, construct, and equip a new high school facility to be located on Rock Haven Road, in the vicinity of the intersection of Smith Level Road and Culbreth Road. Anticipated revenues for. the project consist of 2001 voter approved bond funds, school construction impact fees, pay-as-you-go funding, sales tax reimbursements, and alternative financing through a private placement loan or similar debt instruments. 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: 2005-06 FY 2006-07 2006-07 Sales Tax $4,342,000 $0 $4,342,000 Sc Coi~stmchon Impact Fees $9,300,000 $0 $9,300,000 Alternative Financing $9,000,000 $0 $9,000,000 2001 Bonds $12,800,000 $0 $12,800,000 Sales Tax Reimbursements $0 $450,000 $450,000 Total $35,442,000 $450,000 $35,892,000 Section 4.The following amount is appropriated for this project: Tlnrwgh FY 2005.06 FY 2006-07 Tliroi>~ FY 2000x07 Consl<uctian $26,697,803 $450,000 7,147,803 Site ' 'fion $3,531,697 $0 $3,531,697 Site Devel t $0 $0 $0 Foes $2,162,500 $0 .$2,162,500 Furnishings $800,000 $0 $800,000 Technology $1,000,000 $0 $1,000,000 Ca~strudion Contingaicy $750,000 $0 $750,000 One-T"une Start Casts $500,000 $0 $500,000 Total $i5,4~2,000 $450,000 ~i5,892,000 Section 5. Although not a part of the County appropriation for the CHCCS High School #3 project, it is noted here for reference purposes that the Chapel Hill-Carrboro Board of Education intends to appropriate an additional $50,000 in North Carolina Department of Transportation funds from its own fundirig sources, bringing the project total to $35,942,000. Section 6. This ordinance supersedes the interlocal agreement dated August 7, 2003 (with subsequent Addendum "A" and Addendum "B") as the controlling instrument regarding Phase I (generally as described and defined in Addendum "A" of the August 7, 2003 interlocal agreement) of High School #3 project budget, scope, and timing. The following provisions of the previously existing interlocal agreement and addenda remain expectations of the Orange County Board of Commissioners regarding smart-growth promoting standards that the Chapel Hill-Carrboro Board of Education will incorporate into the project scope, design, and plans for Phase 1 and Phase II of CHCCS high school #3: 1. Transportation Standards. The building shall be located within''/2 mile of an existing or planned trail, greenway, bikeway or bus line. The design of CHCCS high school #3 and its facilities shall provide bike racks and storage for 10% of the building occupants, provide preferred parking for carpools and alternative vehicles and reduce parking lot size and its associated impervious surfaces by at least 35% from Orange County School Construction Standards by providing no more than 420 spaces for Phase I and Phase II student/teacher/staff/ visitor motor vehicle parking, all to be constructed with Phase I. 2. Site Standards. The design of CHCCS high school #3 and its facilities shall (1) preserve a minimum of 30%' of the site in undeveloped space; and (2) provide shade on at least 30% of non-roof impervious surface on the site within 5 years or use an open grid pavement system, with less than 50% impervious surface, for 50% of the parking area. The site shall comply with the Town of Carrboro's new stream protection plan and implement a storm management plan that does not increase the rate or quality of runoff from the site. 3. Building Standards. The building design shall stress compact design features including multi-story construction. The physical education and athletic facilities shall be designed to minimize land disturbance. 4. Water Use Standards. Design standards shall have a goal of aggregate water reduction of 20% of the base, not including irrigation, after meeting EPA 1992 fixture performance requirements with respect to irrigation and reflect xeriscaping principles. 5. Shared Use Standards. Design standards shall provide. the public with non- school hour access to exterior spaces, including a vita track, cross country course designed and maintained to increase environmental awareness and interior spaces for community use including common areas, auditoria and meeting rooms. Ip 6. CHCCS High Performance Standards. Design standards shall comply with the high performance building design criteria in School Board Policy 9040. 7. Public Road Improvement Standards. Endorse the timely construction of road improvements to Smith Level Road and intersection improvements to the intersection of Rock Haven Road and Smith Level Road which improvements have been endorsed by Carrboro and Orange County and which improvements, if timely constructed, will reduce by as much as.$250,OOO the offsite road improvement cost to CHCCS in its construction of CHCCS high school #3. 8. Transportation Enhancement Standards. Reduce dependency on the automobile for school functions and to reduce vehicle miles traveled related to school functions by committing at least $300,000 of capital from the amount appropriated to the Construction line item of Section 4 to: a. the purchase of buses or shuttles to be owned by CHCCS or otherwise, in tandem with the development of an enhanced transportation system, for school uses and functions, including student, staff and teacher transportation to and from school and student, staff, teacher and visitor transportation to and from preschool and afterschool programs; b. contributions of funds and expertise to the evaluation and development of the use of Chapel Hill Area Transit and/or Orange Public Transportation to provide non-automobile alternatives for transportation of students, staff, teachers and visitors to and from school, preschool and afterschool programs; c, the purchase of transit software to be used to reduce vehicle miles traveled in future redistricting decisions; d. promote walking to and from school and pre and after school programs by funding with matching grants the construction of sidewalks in Carrboro and Chapel Hill located within 1.5 miles of CHCCS high school #3 (the school "walk zone") which sidewalks are likely to be constructed by Carrboro and Chapel Hill only in response to matching grants; e. promote bike riding to and from school and pre and after school programs by funding with matching grants the construction of bike lanes in Carrboro and Chapel Hill within the attendance district of CHCCS high school #3 which bike lanes are likely to be constructed by or at the request of Carrboro and Chapel Hill only in response to matching grants; f. promote bus and other transit transportation to and from school and pre and after school programs by funding the construction of weatherproof shelters (considering climate controlling them) at locations within the attendance district of CHCCS high school #3 adjacent to or conveniently close to park and ride locations established by Carrboro, Chapel Hill and the University of North Carolina. ii Section 7. This ordinance is effective June 7, 2005, supersedes all previous High School #3 Capital Project Ordinances, and will remain in effect through June 30, 2008, unless sooner amended or closed out. Adopted this 24th day of April, 2007. A+~achmenf 5 la Elementary #10 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 Chapel Hill-Carrboro City Schools to plan and design a new 585-student elementary school facility to be located on at the Twin Creeks Park and Educational Campus (formerly known as Chapel Hill Township District Park). Also included in this project is funding for infrastructure (water and sewer) to the County's Twin Creeks Park site. Anticipated revenues for the school project consist of alternative financing through third party financing. Section 2.The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3.The following County revenue is anticipated to complete this project: 2005-06 FY 2006-07 2000x07 ay- - ou Funding (planned for fiscal year 2008-09) $0 $500,000 $500,000 Altemafive Financing $0 $23,282,751 $23,282,751 Sales Tax Reimbursements $0 $350,000 $350,000 Total I7-n ' $0 $24,132,751 $24132 751 Section 4.The following amount is appropriated for this project within the County's capital project ordinance: Tlnro~ghFY 2005-06 F'Y2006-07 Tln+aghFY 2006.07 Canlnxtion $0 $19,057,004 $19,057,0(Yl Site " 'an $0 $0 $0 SiteIkv~l $0 $1,235,000 $1,235,000 Fees $0 $1,432,598 $1,432,598 $0 $540, $540,000 Teda~ol $0 $744,389 $744,389 Cot~shtxtion $0 $623,760 $623,760 Cads $0 $500,000 $.500,000 Total $0 $24,132,751 $24,132,751 f3 Section 5. In addition, the Chapel Hill Carrboro City Schools Board of Education plans to appropriate $500,000 from the District's fund balance in fiscal year 2006-07 to be used to complete construction of Elementary #10 bringing the total cost of Elementary #10 to $24,632,751. Section 6. Planning and funding of Elementary #10 shall be in accordance with the Orange County Board of County Commissioners adopted Policy on Planning and Funding School Capital Commissioner Foushee is hereby designated to serve as the Board's liaison with CHCCS as project plans develop. Section 7. 2008°unless sooneff acmended o?closed out d will remain in effect through June 30, Adopted this 24th day of April, 2007. Status of Commissioners Contingency Account Fiscal Year 2006-07 Attachment 6 I¢ Comments $35,000 Approved 7/01/06 ($15,000) (BOA #3 for BOCC District Elections Education Process) ($1,917) (BOA # 6 for Contribution to Upper Neuse River Basin Association) ($1,750) (BOA #7 for recognition celebration of the volunteer fire and rescue departments and ham radio operators) ($4,000) (gOA #11 to covet consultant costs related to developing a Service Needs Plan for Orange County Public Libraries) Remaining Contingency $]2,333 community in Chapel HiII and authorized the Manager in consultation with the County Attorney to enter into a Development Agreement detailing the conditions of award. Budget Amendment #1 The Board approved budget and capital projectordinance amendments for fiscal year 2006-07 for the Health Department, Department on Aging, School Capital Projects, SportsPlex Enterprise Fund, Library Services, and OrangelChatham Justice Partnership Program. h. Regional Value-Added Processing Center The Board appropriated an additional $3,000 for a feasibility study for an agriculture products regional value-added processing center and authorized the Chair to sign the contract. i. Approval of Countv Capital Funding Policv This item was removed and placed at the end of the consent agenda for separate consideration. L Durham Technical Community College Satellite Campus Property Ownership The. Board executed a Special Warranty Deed from Orange County to Orange County and The Trustees of Durham Technical Community College and authorized the Chair to sign. k. Change in BOCG Regular Meeting Schedule for 2007 The Board amended its regular meeting calendar for the year 2007 by adding a Joint Meeting with the Chatham County Commissioners on Tuesday, May 8, 2007 at the Southern Human Services Center, 2501 Homestead Road, in Chapel HiII. I. Enerav Conservation Amendment to Board of Countv Commissioners Planning Principle #3 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: is Approval of County Capital Funding Policy intent, in the future, to present draft Capital Investment Plans in the fall. Commissioner Gordon asked about the interim period between when lottery funds are budgeted for debt service and when they are budgeted in arrears. There is a big time gap there. Donna Coffey said that in 2008-2009 the receipts deposited in the County's account during 2007-2008 would be budgeted. Commissioner Gordon clarified that the only year the proceeds would be used for debt service is the current year. Donna Coffey said that future years would be based on the outcome of the school collaboration meetings this summer, as to whether the schools wanted to use the future fund for debt service to address renovations that have not yet been planned in the debt issuance plans. Commissioner Gordon said that she liked the idea of budgeting in arrears at first, but then she thought about the debt financing and the future needs and wondered if there was a way some of the money could be used. Laura Blackmon said that the staff gave the Board of County Commissioners a document that stated that the County would need to make up $400,000 of the $2.4 million from this year. This was included in the total debt service. Commissioner Gordon is worried that the money is just going to sit there for a year and not be used for debt service or school renovations. Laura Blackmon said that if the County draws down the money, it will have to be spent that year. The proposal was to draw down the money at the end of the fiscal year. The schools could use it for renovations or for future incurred debt service payments for renovations. Donna Coffey said that the money would draw interest.