HomeMy WebLinkAboutMinutes - 19931130x R? 611
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
WORK SESSION
FUNDING FOR NEW ELEMENTARY SCHOOL SPACE
NOVEMBER 30, 1993
The Orange County Board of Commissioners met in special session on
Tuesday, November 30, 1993 at 7:30 p.m., in the Orange Water and Sewer
Authority's Community Meeting Room, Cariboro, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chairman Moses Carey, Jr., and members
Stephen H. Halkiotis, Alice M. Gordon and Verla C. Insko.
COUNTY COMMISSIONER ABSENT: Commissioner Don Willhoit
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
STAFF PRESENT- County Manager John M. Link, Jr., Assistant County
Manager Rod Visser, Deputy Clerk to the Board Kathleen Baker, Finance Director
Ken Chavious, and Budget Director Sally Kost.
FINANCING PLAN FOR ELEMENTARY SCHOOL: County Manager John Link indicated that
using Certificates of Participation (COP Is) as a method of financing new
schools is a possibility. This is a relatively new method of financing in
North Carolina. Six or seven counties have recently used this method.
However, in researching this option it has become clear that special local
legislation will be required. This could be approved in the short session of
the General Assembly if consensus between the Boards is reached.
County Attorney Geof Gledhill explained that the term "Certificates of
rticipation" describes a form of installment financing. It is a concept
.whereby local governments borrow money for construction projects which is paid
back with interest over a period of time. Local governments secure the
repayment of the loan by pledging the property upon which the facility is
constructed. The only thing a local government can provide a lender as
security for this type of financing is property. Counties are empowered to
secure this type of financing in North Carolina, however, school boards are
not. North Carolina law requires that school boards own the property on which
their facilities are constructed. This causes a roadblock to the.County using
the COP option for financing. The County has the ability to secure the loan
and acquire the money for the loan, but they, not the school board, must own
the property so it can be used as collateral to secure the loan. In order to
allow the COP option to. be used, legislation must be approved that authorizes
the County to own property for school construction projects and to authorize
the schools to convey the property to the County to accomplish that purpose.
Until the loan is paid off, the county would lease the building to, the school
board for $1.00 per year. At payoff time, the property would be purchased by
the school board for a nominal amount of money.
suggested creating a non-profit corporation whicwould borrow the money and
handle the leasing of the property to the school board. The county would
retain title to the property throughout the life of the loan. The non-profit
corporation would handle the financing with the lenders and the County would
contract with the non-profit corporation. More information will be requested
="om the Bond Counsel to determine why they suggest that the County work
ough a non-profit.
John Link indicated that the Chapel Hill-Carrboro School System needs
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this elementary school and anticipates a completion date of mid-1996. TY
Legislators will meet in short session in late May of 1994. The planni:
process for this school will be completed by that time. The funds will be'
available 120 days from the approval date.
Superintendent Neil Pedersen commented that they need the school now,
however, the summer of 1996 is the earliest projected completion date. He
indicated that the COP is one option for the financing of this school.
Another option would be to use the reserve in the current C.T.P. fund or to
adjust the funds within the current C.I.P. projects.
County Manager Link mentioned that in the early 1980's the lease/purchase
agreements were introduced to county financing. The uncertainty about the COP
funding is similar to what was felt about lease/purchase agreements when they
were first introduced.
Orange County School Board Chair Mary Bobbit-Cook requested clarification
on why the Orange County School. Board was being asked to vote on how the
Chapel Hill-Carrboro School Board financed schools? This method of financing
could place a heavier financial burden on County takpayers than on Chapel Hill
tax payers.
Chair Carey indicated that the requested legislation would allow either
school system to use this option. Requesting this legislation without an
impression of controversy is critical to its approval. This COP financing.,..
could be used for additional classrooms in the orange County system in th,
future when those needs arise.
Commissioner Insko indicated that the Orange County system would not be
required to use this financing. It would simply be one option available to
them. She asked if it would be possible for the resolution to indicate that
Orange County endorses the process but will look at the issue again when a new
school is needed.
Chair Carey mentioned that the County Commissioners- and both school
boards agreed that neither a bond nor a tax increase were options. The Cop
is a way to finance a new school without using those methods.
Commissioner Halkiotis stated that the Planning Department has been asked
to keep the Orange County schools abreast of proposed developments in the
County. It is possible that increased growth would create a need for a school
much sooner than anticipated.
Chair Carey stated that merger needs to be discussed so that the issue
of fairness does not come up at each meeting.
Orange County School Board member Ralph Warren indicated that the school
board was not in disagreement with this method of financing. They did want
to be assured that they would not be required to use the COP method.
Orange County School Board Chair Mary Bobbit-Cook referred to the impact
fee that is being set aside and noted that she would like to see the pay-as-
you-go method discussed further by the school board. They do not want
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Certificates of Participation to.be the only option available to them.
Commissioner Halkiotis suggested that the staff draft a resolution and
have another joint meeting with the School Boards inviting the Orange County
delegates to attend.
this.
Chair Carey suggested asking the delegates how they would like to handle
Chapel Hill-Carrboro School Board Chair Mary Bushnell indicated that
Chapel Hill-Carrboro needs a new elementary school as soon as possible. Other
urgent needs will be sacrificed in order to meet this more urgent need.
orange County School Board member Bob Bateman commented that the use of
COP's is a creative method of financing that fulfills the need to hold the
line on taxes.
County Manager John Link stated that this matter will be brought to the
individual boards for further discussion with a vote in January, 1994.
OUTSTANDING SCHOOL ISSUES:
Commissioner Gordon asked that the School Issues Task Force discuss
equity. She feels this term needs to be more clearly defined.
Chapel Hill-Carrboro School Board Member Sue Baker mentioned that the
Special District Tax has been frozen and other strategies implemented to
ensure equity. There are funding differences other than the local issues.
Commissioner Insko suggested discussing ways to link funds with outcome.
A report outlining the outcomes of funded programs would be helpful. The fund
balance also needs to be discussed.
Mary Bushnell indicated that the school boards receive reports on
outcomes and she will send this information to the Commissioners.
Commissioner Gordon suggested .redefining_.the terms recurring. capital and -
equity. equity. Also, school construction standards needs to be discussed. There is
a strong need to have a systematic approach in building new schools and to be
able to explain that approach.
Chairman Carey indicated that he would like to discuss potential merger
and other funding issues.
It was decided by consensus that the School Issues Discussion Group will
meet to discuss these issues prior to the Board of Commissioners and school
boards meeting again.
Commissioner Halkiotis stated that Chairman Carey has asked that the
NCACC look at the issue of federal mandates.
. There being no further discussion, the meeting was adjourned. The next
regular meeting of the Board of County Commissioners will be held on Monday,
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December 6, 1993 at 7:30 p.m. in the old Court House, Hi,llsbor-ough, North
Carolina.
Moses Carey, Jr., Chair
Kathleen Baker, Deputy Clerk