HomeMy WebLinkAboutAgenda - 06-23-2004-5pORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 23, 2004
Action Ages a
Item No.
SUBJECT: Capital Project Ordinance -Chapel Hill-Carrboro City Schools High School #3
DEPARTMENT: Manager/Budget PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Capital Project Ordinance
5/21/04 CHCCS Superintendent Memo
6/03/04 County Manager Memo
INFORMATION CONTACT:
Rod Visser, ext 2300
Donna Dean, ext 2151
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider approval of an amended capital project ordinance far Chapel Hill-
Carrboro City Schools (CHCCS) High School #3 to appropriate additional funds for land
acquisition,
BACKGROUND: In a May 21, 2004 memo, the CHCCS Superintendent informed the County
Manager that CHCCS had successfully concluded negotiations with the owner of the remaining
property to be acquired as the site of the system's third high school. An additional $1,142,000
beyond that already appropriated by the Board of County Commissioners is to be paid by June
30, 2004 to Glover Enterprises, This brings the total purchase price for the Glover property to
$2,8 million, and the total amount budgeted for land acquisition within the overall high school
construction project to $3,677,700,
In keeping with the interlocal agreement governing the third CHCCS high school, the additional
cost for this land must be funded through CHCCS "pay-as-you-go" capital funding sources that
do not require the County to incur additional debt. The approach that would best address
CHCCS needs in this situation while remaining consistent with the interlocal agreement involves
the appropriation of accumulated school impact fees, as outlined in the accompanying .tune 3,
2004 memo from the County Manager. Adoption of the accompanying amended capital project
ordinance will provide authorization for the County and CHCCS staffs to expend the funds
necessary to complete acquisition of the Glover property for the site of the new high school.
FINANCIAL IMPACT: The amended capital project ordinance will appropriate an additional
$1,142,000 in school impact fees that are already on hand in the CHCCS Impact Fee Trust
Fund,
RECOMMENDATION(S): The Manager recommends that the Board approve the capital
project ordinance,
DRAFT a
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 1.3.2 of
Chapter 159 ofthe General Statutes of North Carolina, the following capital project is hereby adopted.
Section L The project authorized provides funds for the Chapel Hill-Carrboro City Schools to acquire
property for and begin planning for the design, construction, and equipping of a new high
school facility. Anticipated revenues for the project consist of 2001 voter approved bond
funds, school construction impact fees, and a private placement loan.
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:
rroug
2002-0.3
FY 200.3-04 rroug r
2003-04
Sales Tax $0 $0
c roo onstrucuon
Impact Fees
$0
$5,272,523
$5,272,523
u is c roo u~ mg
Funds
$0
$0
2001 Bonds $0
_ $0
Other $0 $0
Total Tundin $0 $5,272,523 $5,272,523
Section 4. The following amount is appropriated for this project:
Through FY
2002-03 __
FY2003-04 Through FY
2003-04
Conshuction
~ $0 ~ $0
Site 'sition $0 $3,677,700 $3,677,700
Site Ikvelopment $0 $0 $0
Fees $0 $1,103,000 $1,103,000
Mobile Classrooms $0 491,823 $491,823
Technology $0 $0
Construction Contingency $0 $0
One-Tirr~ Start U Costs $0 $0
Total Cost $0 $5,272,523 $5,272,523
Section 5. Pursuant to paragraph 5 of Orange County's "Policy on Planning and Funding School
Capital Projects", the Board of Commissioners will appoint one Commissioner
representative (Commissioner Margaret Brown) and one or two staff representatives to
partner with school representatives as project plans develop.
DRAFT
3
Section 6. The effective date of this ordinance is the effective date of an interlocal agreement
governing this project between the Chapel Hill-Carrboro Board of Education and the Orange
County Board of Commissioners. The ordinance will remain in effect fiom its effective date
tluough June .30, 2007,
Adopted this 23d day of June, 2004.
~-
CHAPEL HILL-CARRBORO CITY SCHOOLS
Lincoln Center, Merritt Mill Road
Chapel Hill, North Carolina 27516
Telephone: (919)967-8211
Neil G. Pedersen
Superintendent
Nettie Collins-Hart, Assistant Superintendent
for Instructional Services
Raymond J. Reitz
Chief Technology Qfficer
T0: .John Link
County Manager
FROM: Neil G.. Pederse
Superintendent
Steve Scroggs, Assistant Superintendent
for Support Services
RE: Appropriation of Funds for Third High School Site
DATE: May 21, 2004
Pursuant to the steps required for reaching a settlement on the price of land acquired
through public condemnation, our attorney met with [he representatives of Glover
Enterprises on IvIay 13, 2004 in an effort to agree upon a sale price for the Glover property
that is needed for the third high schooh At the conclusion of the negotiations, Mr.
McCormick agreed to recommend to the Board of Education that it pay a total of $2.8
million to Glover Enterprises for the property in question and all related costs.
Last night, May 20, the Boazd of Education received Mr, McCormick's recommendation
and approved the following resolution: Be it, ther-efa•e, resolved that the Board approves
the additional sum of $1,142,000 to Glover° Enterprises, I,LLP to setfZe the condemnation
lawsuit to be paid as soon as funds are appropriated to the Board of Education.
The $1,142 million figure is the balance that is awed to Glover Enterprises, The Board
agreed with Mr. McCormick that it was in the best interest of the Board to agree upon
this purchase price.
That same evening, the Board approved its requested CIP.. In the CIP, we
identified $1 million in 2006-07 and $500,000 in 2007-08 in a reserve accotutt to cover
unanticipated additional costs for the third high school, including paying additional funds
for land acquisition. The property owner, of course, cannot wait until that time for
payment.. In fact, the negotiated settlement called for payment of the balance by .July 1,
2004,
We are requesting that the Board of County Commissioners take two actions that
will allow us to move forward.. First, it needs to adopt the 2004-OS CIP as soon as
possible, or, at least, the projects pertaining to the thud high school, Secondly, we will
5
shortly submit a request to appropriate funds for Phase 2 of High School No 3. This
appropriation will be for construction of the school. We need for the BOCC to allow us
to spend from this appropriation funds to secure the site. The Pay as You Go funds
referenced above will be used to reimburse the High School No 3 tine item in 200fi-07 and
2007-03. With the school scheduled to open in August 2007, this reimbursement
schedule should not cause any problems
Our attorney, .Iolm McCormick, contacted Jeff Gledhill prior to presenting his
recommendation to the Boazd of fiducation. Mr. Gledhill did not see a problem with the
Board taking the acrion that it did on May 20, 2004, I'd appreciate it ifyou would
raview this request with your staff and/or the BOCC chair and let me know what should
be our next steps. Thanks for you assistance.
(D
MEMORANDUM
TO: Neil Pedersen, Superintendent, CHCCS
FROM: Iolm LitIle, County Manager
DATE: June 3, 2004
RE: Appropriation of Funds for Third High School Site
hi response to your.Iune 2 memo on this subject, let me offer two scenazios for your consideration
regarding the appropriation of additional funds for land acquisition for the third high school.
The first scenario that I thit>Ic would be acceptable to the County Cotmnissioners would be the
redirection to high school land acquisition of a portion of 2004-OS pay-as-you-go funds from some of
the projects mentioned in the CHCCS proposed 2004-14 CII', I understand the view expressed in your
memo yesterday that such an approach would lead to significant conshaints on capital improvements
that could be made next year, especially since a substantial portion of 2004-OS capital funds are already
conunitted to mobile classrooms.. That said, the attached table outlines an approach that County staff
could pursue with your staff to use 2004-OS pay-as-you-go funds for the additional cost of the Glover
property.
The second scenario that I thitilc would be consistent with the provisions of the interlocal agreement
regarding the third high school would involve the appropriation of accumulated school impact fees.
The base project budget of $27.8 million ineludedplazmed appropriations of $6.1 million in impact
fees that had already been received through fiscal year 2002-0.3. Of that amount, $2,038,700 has
already been appropriated through the High School #3 Capital Project Ordinance to address land
acquisition and professional design fees. That leaves a balance of over $4 million in previously
accumulated impact fees that is available "in the barilc" and ready to be appropriated. We view these
impact fees as apay-as-you-go revenue source. An appropriation of $1,142,000 of these funds that are
already on hand will also not adversely affect the County's operational cash flow. The use of
accumulated impact fees now could be made up to the project budget later tluough your suggested
designation of a portion of CHCCS's designated 2006-07 and 2007-08 pay-as-you-go fiords.
Under either of these scenarios, I am prepared to reconunend to the Board of County Conunissioners
that they adopt at their .June 23 meeting an updated capital prgject ordinance for High School #3 that
would appropriate the additional fiords you have cited as needed to complete the acquisition of the
Glover property. Please let me loiow how your Board prefers to proceed.
cc: Orange County Board of Conunissioners
Rod Visser, Assistant County Manager
Dotma Dean, Budget Director
Ken Chavious, Finance Director
Geof Gledhill, County Attorney