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HomeMy WebLinkAboutAgenda - 08-31-2006-1ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 31, 2006 Action Agenda Item No. 1 SUBJECT: Capital and Debt Related Matters DEPARTMENT: Budget PUBLIC HEARING: (Y /N) No ATTACHMENT (S): INFORMATION CONTACT: Attachments 1A through 1C. Donna Dean Coffey, Budget Director Fiscal Year 2006 -07 Planned Projects (919) 245 -2151 for Chapel Hill Carrboro City Schools, Orange County Schools and Orange County Attachment 2. County and School Capital Projects Requiring Debt Funding Attachments 3A through 3D. Annual Debt Service Capacity Based on 9, 7, 5 and 3% Annual General Fund Increase Attachment 4. Current Building Construction Projects — Project Highlights as of August 31, 2006 (County Projects only) Attachment 5. Senate Bill 2009 PURPOSE: To review updates and analysis provided by staff regarding various aspects of County and School capital projects and debt - related matters, and to provide appropriate direction to staff on how to proceed further on these matters. BACKGROUND: The Board approved the County's 2006 -07 Fiscal Year budget on June 27, 2006 along with a handful of School capital project ordinances. The Board also noted that there were a number of capital and debt related matters that Commissioners preferred to discuss further at a fall 2006 work session. Examples of items that the Board requested additional information included the County's current and future debt capacity, affordability of County and school projects that are either under - funded or unfunded, the County's capital funding policy, and the anticipated impact of Lottery proceeds on the County's capital funding policy. A. Approval of Fiscal Year 2006 -07 School and County Capital Project Ordinances The 2006 -16 Manager's Recommended Capital Investment Plan (CIP) presented to the Board in April 2006 included long -range funding recommendations for funding School and County capital projects. To that end, Commissioners approved some Level 1 school capital projects for fiscal year 2006.07 on June 27, 2006 and delayed action on other school and County capital projects until fall 2006. Examples of deferred County projects include roofing, painting and information technology project for the County and a variety of renovation projects for the schools. The Board and other readers may find Section 2 of Attachments 1A through 1C (shaded areas) of this agenda abstract a helpful resource during the work session discussion. As a point of clarification, in accordance with the Board of Commissioners the Board of County Commissioners November 2001 defines project "levels" as follows: • Level 1 projects are those that involve a relatively small scope of work — thereby allowing the Commissioners to approve the entire project ordinance at one time. Level 2 projects are major projects that require several phases to complete. For these projects the Board of County Commissioners approves a four -phase appropriation process to include: o Concept/Pre- Planning Phase - includes preliminary programming and design work that would result in conceptual drawings and preliminary cost estimates. o Planning Phase — includes siting and infrastructure o Design and Construction Approval Phase — includes final design, equipment, furnishings, non - recurring start up cost, technology and contingency o Final Accounting Phase — Upon completion of the project, school and county staff will reconcile actual project expenditures with approved budget and provide the BOCC with a "final accounting" of the project. Many of the Level 1 capital project ordinances approved by the Board in June did not involve new funding appropriations but merely extended the project timelines through June 30, 2006. Other projects received new funding for the current fiscal 3 year. Both school systems have requested Commissioner approval of the remaining Level 1 projects that the Board deferred in June. As stated earlier, approval of Level 2 projects, those projects that require several phases to complete, will be requested at the appropriate times in accordance with the Board's adopted School Planning and Funding Policy over the life of the major project. Examples of Level 2 projects include CHCCS Elementary #10, Staff plans to include approval of remaining School and County capital project ordinances for fiscal year 2006 -07 on the September 12, 2006 agenda unless the Board directs otherwise during the August 31 work session. B. Analysis of Future Debt Affordability and Staff Updates on County and School Capital Projects Orange County Commissioners along with both local school boards face a number of future capital and operating needs in order to provide quality services and learning environments to our citizens. During the County's 2006 -07 budget and capital planning work sessions this past spring, Commissioners discussed a variety of projects that would go a long way in meeting those school and County needs. Examples of those needs include completion of two state of the art senior centers, construction of new elementary, middle and high schools in our two school districts, and provision of sanitary water and sewer services to citizens located in the Efland /Buckhorn areas of the County. Attachment 2 of this agenda abstract, County and School Projects Requiring Debt Funding, offers a list of projects discussed by the Board this past spring. As discussions continued throughout the spring, it became clear that the amount of funding required to meet the identified capital needs would require the County to assume debt above and beyond the amount currently programmed and endorsed by Commissioners. To that end, the Board instructed staff to analyze how the identified needs may or may not fit within the County's current debt management policy of maintaining annual debt payments within the Board's adopted debt management policy. The adopted Board policy states that annual debt service payments are to be equivalent to or less than 15 percent of the County's total annual General Fund budget. Over the summer, County staff has worked with Local Government Commission (LGC) staff, County Bond Counsel, Robert Jessup, and County Attorney, Geofrey Gledhill among others to analyze options that would enable the County to maximize resources while still adhering to the 15 percent debt capacity policy limitation. It is important to note that the affordability of future debt depends on several variables such as the annual increase in the County's approved General Fund budget along with the amount of money borrowed and interest rate obtained with each debt issuance. Staff has run various analyses based on these variables including a range of the amount of debt that Commissioners might consider should the County's General Fund increase at annual percentage r rates of 9, 7, 5 and 3 percent. Staff has also considered the anticipated tax rate impact of future debt issuances and included that information in the attachments of this agenda abstract. Staff has provided charts and graphs related to those analyses: • Attachment 3A - Annual Debt Service Capacity Based on 9% Annual Increase in County's General Fund • Attachment 3B - Annual Debt Service Capacity Based on 7% Annual Increase in County's General Fund • Attachment 3C - Annual Debt Service Capacity Based on 5% Annual Increase in County's General Fund • Attachment 3D - Annual Debt Service Capacity Based on 3% Annual Increase in County's General Fund While Cornrnissioners may find the format of the chart and graph attachments to be familiar, the County's Budget Director, Donna Dean Coffey plans to offer the audience additional details related to the analyses during the work session on August 31, 2006. In addition, County and School staffs will be available to update the Board on projects such as Central Orange Senior Center and SportsPlex addition, sustainable building features at the Durham Technical Community College Satellite Campus, and CHCCS Elementary #10. Attachment 4 of this abstract, Current Building Construction Projects — Project Highlights as of August 31, 2006 provides a brief update for County projects only. During the August 31 work session discussion, staff recommends that the Board begin to prioritize County and School capital needs based on the information presented. The Board may find it helpful to view Attachment 2 of this agenda abstract (County and School Capital Projects Requiring Debt Funding) as a guide in discussing capital funding priorities. In addition to affordability and tax rate impacts of future debt, another important factor for the Board to consider as we plan for new projects is the annual cost to open and operate those facilities. Staff will be prepared to discuss operating impacts during the August 31 and subsequent work sessions. C. Other Considerations Related to Funding School Capital Projects Recent action taken by the General Assembly this summer provides a new funding alternative for Commissioners and School Boards to consider as they construct new schools. Senate Bill 2009 (Attachment 4 of this agenda abstract), signed into law by the Governor on August 12, 2006, offers a number of non - traditional alternatives for constructing new schools. Robert Jessup, the County's Bond Counsel plans to review Senate Bill 2009 with the Board and respond to questions during the August 31, 2006 work session. 5 D. Next Steps During the August 31 work session, it would be helpful for Commissioners to offer guidance and observations related to County and School projects particularly with regard to those projects that require debt financing beyond the amounts currently programmed and endorsed by the Board. In addition to project affordability, there are other capital funding related items such as the County's Capital Funding Policy including the handling of anticipated Education Lottery proceeds and School Construction Standards that the Board may wish to discuss at a future work session. Information regarding the State's Education Lottery has slowly emerged over the summer months. In addition, two upcoming events may offer additional information and clarity to what we can expect from the Lottery. The first event is the NC Association of County Commissioners annual conference — one of the workshop topics planned for the conference is "The Ins and Outs of the Education Lottery' The Budget Director plans to attend the workshop to gather additional Lottery related information. Another important Lottery related date centers around October 1, 2006 — that is the date that Counties across the state expect the first allotment of Education Lottery proceeds. On another note, the Board approved capital project for Carrboro High School totals $35,442,000. Construction of Carrboro High School is underway, and cash flow needs continue to increase. To that end, staff plans to request Board approval for a short-term third -party financing arrangement for six to nine months totaling $9 million at the September 12 regular Commissioners meeting. As with short-term financing for the SportsPlex purchase, the short-term financing arrangement would be replaced by a longer term debt issuance planned in spring 2007. FINANCIAL IMPACT: Financial impacts are included in the background information above. RECOMMENDATION (S): The Manager recommends that the Board of County Commissioners receive the information. Attachment 1A - Chapel Hill - Carrboro City Schools Fiscal Year 2006 -07 Planned Projects C I otal 5zo,zua,46i $i,077,663 $v yJ,D7 I,UJO .�� 0 Project Funding Prior to FY 2006 -07 2006 -07 Funding Source Total Project Funding PAYG 2001 Bonds Alternative Financin Section 1. Project Ordinances Approved by BOCC on June 27, 2006. 1 ADA $338,150 $10,000 $0 $0 $348,150 2 Classroom /Building Improvements $745,000 $0 $0 $0 $745,000 3 Doors, Hardware and Canopies $435,000 $32,563 $0 $17,437 $485,000 4 Elementary #10 $0 $0 $0 $900,000 $900,000 4 Energy Efficiency and Lighting Improvements $251,316 $0 $0 $0 $251,316 5 Indoor Air Quality Improvements $230,000 $25,000 $0 $0 $255,000 6 Paving and Parking Lot Repairs $1,026,590 $0 $0 $0 $1,026,590 7 Technology $11,007,502 $1,010,000 $0 $0 $12,017,502 Section 2. Project Ordinances to Plan for Approval by the BOCC on September 12, 2006 8 Abatement Projects $260,000 $0 $0 $60,000 $320,000 9 Athletic Facilities & Playgrounds $1,567,387 $0 $0 $855,000 $2,422,387' 10 Electrical Systems $125,000 - $0 $0 $20,000 $145,000 11 Fire, Safety and Security Systems $1,221,900 $0 $0 $89,659 $1,311,559 12 Mechanical Systems P $3,680,490 $0 $0 $100,000 $3,780,490 13' Mobile Classrooms and Rental Space $1,450,000 $0 $0 $110,000 $1,560,000 14 Roofing Projects $2,867,126 i $0 $0 $1,520,000 $4,387,126 15 Window Replacements $0 $0 $0 $305,000 $305,000` I otal 5zo,zua,46i $i,077,663 $v yJ,D7 I,UJO .�� 0 Attachment 1B - Orange County Schools Fiscal Year 2006 -07 Planned Projects B C D Total $41,371,314 $1,377,665 $0 yv 0:J A Project Funding Prior to FY 2006 -07 2006 -07 Funding Source Total Project Funding PAYG 2001 Bonds Alternative Financin Section 1. Project Ordinances Approved by BOCC on June 27, 2006, 1 Alternative School $600,000 $0 $0 $0 $600,000 2 Asbestos Removal $487,225 $0 $0 $0 $487,225 3 Bus Garage $25,000 $0 $0 $0 $25,000 4 Cameron Park Renovation $270,000 $0 $0 $0 $270,000 Central Office Renovation $0 $0 $0 $0 $0 6 r Efland Cheeks Renovation $517,000 $0 $0 $0 $517,000 75 Energy Management Systems $552,800 $0 $0 $0 $552,800 8 Environmental Testing $142,604 $0 $0 $0 $142,604 9 Flooring Replacements $409,000 $0 $0 $0 $409,000 10 Grady Brown Renovations $116,000 $0 $0 $0 $116,000 11 Gravelly Hill Middle School $22,060,000 $802,000 $0 $0 $22,862,000 12 Handicapped Accessibility $670,000 $0 $0 $0 $670,000 13 Indoor Air Quality Improvements $14,000 $0 $0 $0 $14,000 14 Kitchen Projects $405,000 $0 $0 $0 $405;000 15 Playground Surfacing $140,000 $0 $0 $0 $140,000 16 Roofing Projects t7$7101:2290L:�$O $0 $1,012,290 Section 2. Project Ordinances to Plan for Approval by the BOCC on September 12, 2006 Central Elementary Renovation $190,000 $9,000 $0' $0 $199,000 r21 C.W. Stanford Renovation $1,840,000 $52,000 $0' $0 $1,892,000 22 Electrical Service Upgrades $620,000 $15,000 $0! $0 $635,000 23 HVAC Replacements and Repairs $272,395 $100,865 $0'! $0 $373,260 24 Orange High Renovations $1,928,000 $171,800 $0 $0 $2,099,800 25 Technology $9,100,000 $227,000 $0 $0 $9,327,000 Total $41,371,314 $1,377,665 $0 yv 0:J Attachment 1C - Orange County Local Government Fiscal Year 2006 -07 Planned Projects B C D E 1 Project Funding Prior to FY 2006 -07 2006.07 Funding Source Total Project / Funding PAYG 2001 Bonds Alternative Financin Section 1. Project Ordinances Approved by BOCC on June 27, 2006. 1 Affordable Housing $4,700,000 $0 $0 $0 $4,700,000 2 Animal Services Facility $870,000 $0 $0 $0 $870,000 3 Animal Shelter (Current Facility) $29,000 $0 $0 $0 $29,000 4 Cate Farm $125,000 $0 $0 $0 $125,000 5 Central /Northern Orange Senior Centers $2,000,000 $0 $0 $0 $2,000,000 6 Compressed Natural Gas (CNG) Fueling Station $111,465 $0 $0 $0 $111,465 7 Energy Management Systems $552,800 $0 $0 $0 $552,800 8 Court Street Annex/112 N Churton Street Repairs $25,000 $0 $0 $0 $25,000 9 Dickson House $7,500 $0 $0 $0 $7,500 10 Efland Cheeks Park Development (Phase 2) $250,000 $0 $0 $0 $250,000 11 Efland Sewer Extension Project $4,505,000 $0 $0 $0 $4,505,000 12 Elevator Repairs and Improvements $70,000 $0 $0 $0 $70,000 13 Emergency Management/911 Facility (located on New Hope Road) Repairs $315,000 $0 $0 $0 $315,000 14 Fairview Park Development $850,000 $0 $0 $0 $850,000 15 Farmers Market $90,000 $0 $0 $0 $90,000 16 Historic Courthouse Repairs $44,637 $0 $0 $0 $44,637 17 Homestead Community Center Repairs $90,000 $0 $0 $0 $90,000 18 Meadowlands Annex Purchase and Renovations $1,885,000 $0 $0 $0 $1,885,000 19 Medicaid Maximization Funds for Health Department Capital $1,069,661 $0 $0 $0 $1,069,661 20 New Courthouse Repairs $190,000 $0 $0 $0 $190,000 21 Northern Human Services Center Repairs $566,630 $0 $0 $0 $566,630 22 Northern Human Services Park $1,200,000 $0 $0 $0 $1,200,000 23 Orange County Satellite Campus of Durham Community College $1,000,000 $0 $0 $3,000,000 $4,000,000 24 River Park $50,000 $0 $0 $0 $50,000 25 Smith Middle School Park Lighting $250,000 $0 $0 $0 $250,000 26 Southern Community Park $2,795,000 $0 $0 $0 $2,795,000 1 Attachment 1C - Orange County Local Government Fiscal Year 2006 -07 Planned Projects n FT A Project ��� ° Funding Prior to FY 2006 -07 2006 -07 Funding Source Total Project Funding PAYG 2001 Bonds Alternative Financing 27 Southern Orange Senior Center � $6,150,000 $0 $0 $0 $6,150,000 28 Twin Creeks Park Development $1,850,000 $0 $0 $0 $1,850,000 29 Waterproofing and Draignage $71,000 $0 $0 $0 $71,000 30 West 10 Soccer Complex $1,700,000 $0 $0 $0 $1,700,000 Section 2. Project Ordinances to Plan for Approval by the BOCC on September 12, 2006 31 Americans With Disabilities Act $50,000 $50,000 $0' $0 $100,000' 32 Assessments and Testing $25,000 $10,000 $0. $0 $35,000 33 Blackwood Farm $75,000 $50,000 $0 $0 $125,000 34 Building Entry Access Control Systems $50,000 $25,000 $0 $0 $75,000` ' 35 36 Capital Repairs /Replacement (Emergency) Reserve Fund Conservation Easements $25,000 $4,861,681 $50,000 $150,000 $0 $0, $0 $0 $75,000 $5,011,681 37 Couty Facilities Arts Reserve $5,000 $5,000 $0, $0 $10,000 38 Emergency Communications ` $0 $100,000 $0, $0 $100,000 39 Emergency Power Sources $152,000 $50,000 $0 $0 $202,000' 40 Employee Parking $0 $50,000 $0 $0 $50,000' 41 Equipment and Vehicle Replacements $4,903,700 $1,400,000 $0 $0 $6,303,700 42 Fire Alarm Systems $15,000 $15,000 $0 $0 $310,000r 43 Flooring Replacements $241,000 $125,000 $0 $0 $366,000 44 Homestead Aquatics Center $1,125,000 $0 $2,000 000 $0 $3,125,000 45 HVAC Replacements $293,000 $300,000 $0 $0 $593,000 46 Information Technology $1,225,000 $800,000 $0 $0 $2,025,000 47 Jail Renovations : $625,000 $50,000 $0 $0 1 $675,000 48 Joint Town- County Open Space /Greenways $750,000 $0 $575,000 $0 $1,325,000 49 Justice Facility and New Courthouse Renovations $330,000 $0 $0 $10,200,000 $10,530,000 50 Lake Michael Park $0 $25,000 $0 $0 $25,000 51 Lands Legacy $14,686,577 $0 $0 $1,750,000 $16,436,577 52 Masonry Repairs $0 $10,000 $0 so 1 $10,000 a Attachment 1 C - Orange County Local Government Fiscal Year 2006 -07 Planned Projects C n Total $64,855,664 $4,295,000 $2,575,000 $14,950,000 $86,675,664 Project Funding Prior to FY 2006 -07 2006 -07 Funding Source Total Project Funding PAYG 2001 Bonds Alternative Financin 53 Millhouse Road Park $0 $50,000 $0 $0 `. $50,000 54 Orange Enterprises $625,000 $100,000 $0 $0 $725,000 55 Orange High School Tennis Court Resurfacing $0 $50,000 $0 $0 $50,000 56' Painting (Interior and Exterior) of Facilities $27,000 $125,000 $0 $0 $152,000 57= Parking Lot Repairs /Paving $140,000 $100,000 $0 $0 $240,000 58 Recreation and Parks Capital Maintenance $0 $25,000 $0 $0 $25,000 59. Register of Deeds Automation $628,181 $50,000 $0 c $0 $678,181 60 Roofing Projects $359,832 $250,000 $0 $0 $609,832 61 Signage $10,000 $10,000 $0, $0 $20,000 62 Solid Waset Convenience Centers $40,000 $100,000 $0 $0 $140,000 63 Southern Human Services Center $0 $50,000 $0 $0 $50,000 64: Utiliites Demand Reduction Systems and Equipment $60,000 $70,000 $0 "$0 $130,000 65 Utilites Exension Development $115,000 $50,000 $0 $0 $165,000 Total $64,855,664 $4,295,000 $2,575,000 $14,950,000 $86,675,664 EL 17 O a. CL w 0 -6 0 U O a. 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E E rn E E c U o o N u N OtA N� •h N N O m d'� u N C X O� p N � m m 0 a �= —C 0 .- m w c c M:: 0 °aC7 5 O C jp C t0 O m U O m° m 8 N- o m v a m E � Q m a c c o L 0 m =-WHo C U d m m 3 c 0 0 � 0 0 U 0 N C 0 10 N w y T p oo o �n 0 cv ' mo o O o .m. w o j < G U C 0 a a j O Q LL 0 E LL o ? c o ° E U E C N tl U C G N m m o ❑ c m :: c_ uNi n` = a Q w v N m o c 0 j Vp O w m O v c N C c c L`Y W _m o m U 4 0 0 N O N m O d G C m m U o c d c n v m c n U OO�pp O m O b N j C N C U U Q m .Li m N x ° E E 0 a c o m v G m a • 11. • 11111111111111 - • • Attachment 3A — Annual Debt Service Capacity Assuming 9% Annual Increase in County's General Fund Budget • Attachment 3B — Annual Debt Service Capacity Assuming 7% Annual Increase in County's General Fund Budget • Attachment 3C - Annual Debt Service Capacity Assuming 5% Annual Increase in County's General Fund Budget • Attachment 3D - Annual Debt Service Capacity Assuming 3% Annual Increase in County's General Fund Budget e :t U tu Q f6 U U N C Q 4 M ,F. 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(7 N) N N N fn (n Vl N Wi {A Vl In ~ � p O O .2 U 4. uai 0 e 'c m r a o m N iv r r m W m o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a m m .= m vi ai ai ni vi of vi m m m m ri m U � a c ,a, c 6 c O N W V V' O N m V r m r o < N m Ip N m h m m O m O N m m m N O y a m < N m Oi O n m N r c0 m r m m 0 N 0 m N m � Ol N� V N V' N m Oi m n W r O1_ O V_ N CO n 'd' n m_ N R_ m m_ O W m_ Ot _ m O m O m N_ A m_ 'O O m h Q• m m W m W W m W 0 m n^ O C O O N m a W m n r: � �2 m N N N N N . . . N N . . . . . . . G LL 4 0 m 4 2 4 9 4 4 4 4 �„ m � N m b L�l (D C) 00 C) U) c (3) 0 C/) CL C) LL Q) C /) 0 03 CY) CO U) (3) CO o Q LJ U) 75 0 0 R I CY) U) O (Y) 09- (Y) 06 N 60 69 OR (D C\l 69- CD C\j L6 N Vy LO I • M L L v. 69- M OM cli C\j I LO 0 LO C) C) I m I co cli O LO O C\l LO C) C\l O O 0 0 F O O O Rl rn c6 C) C) 00 9 r- C�l 0 I,- (D C? LUO) 0 N 9 C) C) cli IT 0 C6 O O 0 C) N C) C; M co co 0) 0 < N a) < (D a) O CY) O LL C a) (D LL, ca a) 9 0 0 '2- C) .2 , CO < N a) E E =0 LL U IL = (D < a) Cl) 16 Z -t6 Q o c E O 2 > 2 0 U) O 6 0 'D cu E o 0 C\j (/) (D a) 0 (D � 0(n C) (Y) 00 m CL C) L, (2) U) A-a M - U) LJ ) C/Q) M -Q) Q) Jz LL. CT 3 Lzm Q) tZ tZ CV) Q) Q) C/) C/) 0 0 WE N CN Lr) 0 Lr) 0 m m N I I tc) 61� U, U) rl- C6 C\1 In VVVUUU mmmmmm o aaaaaa C\l mmmmmm C) (.) C) C) C) C) mo MOO m U) 0 u 0 UUU I EEEEEE 4 000000 0) U) Cl) cn w U) anan a) 0 W W 0 rnmrnototot cccccc EEEEEE CD EEEEEE Q) W 0 0) 0 a) C\j I 000� 0 C%j cq C\l C\j " " cq LL-�-LLL CN CD C\l O 0 o a) rorotarororo 0) 9 a) M a) a) a) INS0 O 0 0 W 0 —MCOWUMU) C-- --- a) 0 M a) 9 ri C) C) cli EEEEEE (DOW WOO C) rl� C� A � C) to U") w WHOM r Project Highlights as of August 310 2006 Orange County Current Building Construction Projects Project Highlights as of August gi, 2006 Justice Facility Expansion Anticipated construction commencement: Spring 2007 Status: • Interior programming is being finalized for the Justice Facilities Expansion, which includes the Sheriffs office, the Clerk of Courts, District Court offices, District Attorney and Courtrooms. • The plan is currently under review by the Hillsborough Historic District Commission. The Commission reviewed the project in June and in August and offered comments, to which the architects have provided response. The Commission has held special meetings for the sole purpose of reviewing this significant project. A September meeting may be scheduled, assuming the architectural work required by the HDC comments can be accomplished in a timely manner. • The HDC will also review the River Park and Public Market portion of the project at the next meeting. • Tentatively receipt of bids is anticipated early in 2007. • The project has an 18 -24 month construction period, including renovation work that must be accomplished in the existing building. Seymour Senior Center Anticipated completion date: January 25, 2007 Status: • A request by the contractor for an extension of time for weather is being evaluated. Approximately ten inches of rain fell at the construction site during the month of June. Although the contractor pumped water away from the site to minimize the disruption, critical construction time was lost. As a result, the placement of the slab and retaining wall backfill was delayed by about four weeks. Resolute Building Company (RBC) is working to make up the lost time. Steel erection was begun in mid - August. • Teledata design and programming has been completed and will be bid soon. This item is an owner responsibility and is not included in the contract with RBC. Central Orange Senior Center Anticipated construction commencement: early -2o07 • Programming of the Senior Center was completed and approved by the planning committee in the Spring 2006, with the exception of the kitchen facilities, which will be finalized by a sub - committee within the next few weeks. • In June 2006, the Board approved the design of the Senior Center, the Adult Day Health Center, as well as a plan for replacing space for Sportsplex operations that was lost to the Senior Center project, subject to affordability. The presentation on August 31, 2006 will address affordability. • The Board will be asked to consider a contract for a Construction Manager at Risk on this project within the next two months. Project details and pricing are currently underway through Corley Redfoot Zack, the project designers. Animal Services Facility Anticipated construction completion: Fall 2009 • On August 22, 2006, County Commissioners approved action allowing the County to close on the property immediately, rather than after the regulatory approvals have been received, as originally stated in the purchase agreement. • The University and County have met to discuss the impact of the remediation efforts of the hazardous waste site, adjacent to the existing Animal Shelter. The University will allow the Shelter to remain operational during the remediation effort, although several site accommodations will be required. Examples include: o Relocation of the existing access road; o Additional monitoring equipment associated with the remediation will be located on the Shelter site. • Town and County staffs have met to discuss the need to move the project along as quickly as possible. • The Town of Chapel Hill has approved this project for expedited review. • Preliminary work for the regulatory process has commenced. For example, stream determination, has been conducted and submitted to the Town. • Interviews for a project architect are scheduled for September 13 and will be brought forward for Board consideration as quickly thereafter as practicable. Z Durham Technical Community College Satellite Campus Anticipated construction completion: December 2007 Favorable bids were received by Durham Technical Community College (DTCC) on June 29, 20o6. County Commissioners are considering funding sustainable design elements in the amount of $4o8,9oo, plus a 125 -space park- and -ride lot in the amount of $341,000 (total $749,9oo), subject to affordability. o Two options were considered to fund the sustainable design elements and the park and ride lot: the existing project budget and a grant program that provides additional funds to Community College building project statewide. These grant funds are awarded on a 50/50 match basis. Review by DTCC of the existing budget reflects that no funding is available from that source. DTCC will however, submit a grant for $375,000 that would cover 50% of the amount needed for the sustainable design /park and ride portions of the project. Additional information will be presented during August 31, 20o6 worksession. • Bid prices for the sustainable design elements will be held by the successful low bidder for 90 -days from bid date (September 27, 2oo6). .3 SL2006 -0232 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2005 SESSION LAW 2006 -232 SENATE BILL 2009 AN ACT TO ALLOW CAPITAL LEASE FINANCING FOR PUBLIC SCHOOLS, The General Assembly of North Carolina enacts: Page 1 of 5 SECTION 1. Article 37 of Chapter 115C is amended by adding a new section to read: "& 115C- 53�1.�Ca�ital leases of�school b dings andischool fac�'ilities. (j) Capital lease. — A capital lease as defined by eg nerall�pted accounting principles regardless of how the parties describe the agreement. Private devetloper — The entity with which the school board enters into a capital lease or build -to -suit lease under the provisions of this section. (b) Authorization. — Local boards of education may enter into capital leases of real or personal property for use as school buildings or school facilities. The capital lease may relate to an existing building or a new school building to be constructed. The term of any capital lease includinan renewal eriods shall not exceed 40 years from the expected date that the local board of education will take occupancy of the propertythat is the subject of a capital lease. Subdivision s_(c) and (d) of G.S. 115C -521 do not appl�o a capital lease entered into under this section. L � -- developer is not subject to the requirements of Article 8 of Chapter 143 of the General Statutes. Construction repair or renovation work undertaken or contracted by the private developer involving the estimated expenditure of three hundred thousand dollars ($300,000) or more is subiect to the provisions of G.S. 115C -532. (4) Nonsubstitution Clause. — A capital lease may not contain a nonsubstitution clause that restricts the right of a local board to continue to provide a service or activLpf or to replace or provide a substitute for any mmerty_financed or purchased by the capital lease. V V31J1UVLVV 4 VV11G LMiia uuv,. rya vwYava ... provided however, notwithstanding any provision of G.S. 115C- 441(cl) or G.S. 115C -426, in each fiscal year the p so priation of funds by the coup for the payment of amounts due under the capital lease shall be at the discretion of the board o county coininissioners. (g) Local Government Coininission Approval. — Capital leases entered into under this section are subiect to approval by the Local Government Commission under Article 8 of Chapter 159 of the General Statutes if then meet the standards set out in G.S. 159- 148(a)(1), 159- 148(a) http: / /www.ncleg. net / Sessions/ 2005Bills /Senate/HTML /S2009v4.html 8/21/2006 JLGVUb-VGJL "`b" ""' NllGVI 111LV u uvr♦aa u.v u avvaaava ♦. va .. .. _-- - -- - products services and guaranties related to a facility that is the subject of a capital lease; provided all agreements are approved by the board of county commissioners in connection with the approval of the build -to -suit cap- ital lease. (c) Approval by Local Boar of Education — Before entering into a build -to -suit ca >i tal lease pursuant to this section the local board of education shall adopt a resolution as provided in this subsection. Before adopting the resolution required by this subsection the local board of education shall publish a notice of its intent to enter into a build -to -suit capital lease at least 10 days in advance of the date of the meeting at which the action is contemplated and in a newspaper having general circulation within the geographic area served by the local board of educa tion. The notice shall include at a mninimumn, the date time and place of the meeting, a descr iption in brief and general terms of the subject of the lease the name of the other pa to the lease and arm indication of the board's intent to take action to authorize the lease at the indicated meeting. The resolution shall provide the followine: r1r m>,..4 ....+,...:..� ;, +. +>, 1,,,;IA +n_o,,,t na n,tnl IPncp tnr nne nr mnrP snernlen buildings or facilities is in the unit's best interests under all the circumstances. In making this evaluation the local hoard of education may consider the tine, cost, and quality of desirm en ing eerin and construction mcludmg the tune required to begm and the time required to complete a particular _a(jtxvjW occupancy costs including lease payments life -cycle maintenance, repair, and ....M• --A n n +4,n.• tha hnarA ApPmc rPiOVnm That tkme private developer is qualified to provide either alone or in conjunction with other identified and associated persons, the products and services called for under the proposed capital lease and any related agreements. The local board of education shall make this determination talon:? into account an•' factors the local board deems relevant including the knowledge, skill, and http: / /www.ncleg.neUSessions/ 2005 / Bills /Senate/HTML /S2009v4.1itml 8/21/2006 SL2006 -0232 Page .3 or 5 L%J 1111. r.111VU11. LL,`, N VL l v Lieu uvaa a aaau.a v. -- 1 — contractors. The prequalification criteria if any, shall be determined the local board of education and the private developer to address quali performance the time specified in the bids for performance of the contract the cost of construction oversight, time for completion, capacity to perform, and L2 Llll..a,...l ....ua...,.., L The local board of education shall require the private developer to submit its plan for compliance with G.S. 143 -128.2 for approval by the local board of education prior to the private developer soliciting bids under this subsection. A private developer or its construction manager at risk shall publicly advertise at least 30 days m advance of the bid date m a newspaper having General circulation within the eeoaraphic areas served by the local board of education shall open bids publicly and shall award each contract to the lowest responsible, responsive and pregualified bidder taking into consideration quali erformance, the time specified in the bids for performance of the contract the cost of construction oversight time for completion, compliance with G S 143 -128.2 and any other factors deemed appropriate by the private developer and the local board of education and included m the bid solicitation. A private developer or its construction manager at risk shall enter into the construction contracts directly with the successful bidder. After the award of a contract or contracts, the private developer or its construction manager at risk and any contractor ma negotiate and reach agreement with the successful bidder on modifications to all aspects of the contract including the time for performance, the scope of the wor c, and the price to be paid. The local board of education in its discretion may require the private http: / /www.ncleg,net/Sessions/ 2005 /Bills /Senate/HTML /S2009v4.html 8/21/2006 J LLVVV-VL�L 1 arj � V1 l "(e) Exceptions. — The requirements of this Article do not apply to: SECTION 3. This act is effective when it becomes law and is repealed effective July 1, 2011. In the General Assembly read three times and ratified this the 18t" day of July, 2006. s/ Beverly E. Perdue President of the Senate s/ James B. Black Speaker of the House of Representatives s/ Michael F. Easley Governor http: / /www,ncleg. net / Sessions / 2005 /Bills /Senate/HTML /S2009v4,html 8/21/2006 SL2006 -0232 Page 5 of 5 Approved 2:00 p.m. this 12th day of August, 2006 anent (also available in PDF and RTF forniats) is not an o icial document. Please read the NCGA Web Site disclain¢er, for nsore information. littp: / /www.ncleg. net / Sessions/ 2005Bills /Senate/HTML /S2009v4.html 8/21/2006