HomeMy WebLinkAboutAgenda - 04-24-2000-3,R
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 24, 2000
Action Agenda
Item No. _~
SUBJECT: Clarification on County Policy for Planning and Funding of School Capital
Projects
DEPARTMENT: County Manager/Budget PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Draft Policy
INFORMATION CONTACT:
John Link or 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 discuss a draft document that would clarify expectations of the Orange
County Board of Commissioners in collaborating with the Boards of Education in planning for
and implementing school capital projects.
BACKGROUND: At the March 29 CIP work session, the Board expressed its intent to convey
to the two school boards expectations regarding communication about, and review processes
associated with, school capital projects. The Board enumerated a number of points that should
be addressed in a written policy related to planning and funding school projects.
Staff drafted a proposed policy document intended to capture the most important points.to be
included in written communication to the two school boards. That draft has been revised in the
past few days to reflect changes suggested by individual commissioners. Courtesy copies of
this abstract and attached draft policy are being provided to the Superintendents, but there has
not been any formal solicitation from the two school systems regarding the proposed policy.
FINANCIAL IMPACT: There is no direct financial impact associated with discussion of the
draft document. However, the policy that the Board would ultimately approve regarding this
topic is intended to ensure that funds allocated for school capital projects will be expended in as
cost-effective a manner as possible.
RECOMMENDATION(S): The Manager recommends that the Board discuss the draft
document, and provide appropriate direction to the Manager and staff regarding the adoption of
a formal policy governing the issues addressed in the document.
DRAFT
Revised
4/20/00
ORANGE COUNTY
Clarification of Policy on Planning and Funding School Capital Projects
(This document is intended to clarify the expectations of the Orange County Board of Commissioners in
collaborating with the Boards of Education, in planning for and implementing school capital projects. The
staff assumption is that further work will be done on this draft, with a communication of a policy on this
topic to be transmitted from the BOCC to the two school boards following the April 24`" budget work
session)
1. Background
The County's ten year capital investment plan is a planning document that is updated annually.
Before the beginning of each fiscal year, the Board of County Commissioners approves the
funding plan in concept. However, funding of individual projects is contingent upon the scope
of work required to complete the project.
• Level l Projects: ,Level one projects are those projects that have a relatively small scope
of work and can be accomplished using in-house staff or entail purchasing equipment
and vehicles. The Board approves the entire project ordinance at one time.
• Level 2 Projects: Level two projects are major projects that require several phases to
complete. For these projects, the Board approves funding for individual components as
.project scope develops rather than allocating a lump sum for the life of the project.
Major components include:
• Planning, architect, engineering
• Site acquisition and associated fees
• Construction
• Equipment, Furnishings, Non-Recurring Start-Up costs
• Technology
2. Site Standards
In accordance with North Carolina State Statutes, a local board of education cannot execute a
contract nor expend funds to purchase a facility site without the consent of the local board of
county commissioners. As each school system in Orange County plans for future school-related
facilities, it is important that they adhere to the following guidelines related to the potential
acquisition, either by purchase or donation, of a site, in addition to any siting criteria-they may
have established internally:
The Board of Education is to notify the Orange County Board of Commissioners, in writing,
whenever they have tentatively identified a potential school site for purchase, or if a potential .donor
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indicates interest in donating a site to the system. The written correspondence should provide the
following information for Commissioner consideration:
• Location, including tax map numbers, of the potential site;
• Opportunities for additional facilities to be co-located as a park site, as outlined in
the "Memorandum of Agreement for Providing Coordinated Site and Facility
Planning";
• The availability of public utilities at or in close proximity to the site;
• If a donated site:
• Any knowledge of a donor's plans for adjacent development;
• Special considerations or expectations the donor may have referenced in initial
discussions pertaining to the donation;
Upon receipt of the Board of Education's notification, the Commissioners will appoint, by a
majority vote of the Board, a representative to work directly with the Board of Education. As
a partner with the school system, the Commissioner representative will receive information
and provide input regarding talks and negotiations related to the potential site.
Environmental Factors - A school system is to pay particular attention to the physical
environment surrounding the site and new facility.
• In order to avoid future flood hazards, a facility should not be located in close proximity
to wetlands, stream buffers, or in a flood plain. Facility siting should also avoid other
physical factors that create either additional construction or longer-term maintenance
problems, or other unfavorable environmental impacts.
Once a system acquires a site and before grading begins, each school system receives State
approval of its erosion control plan and additional County review to ensure that unnecessary
cutting of trees or clearing of land does not occur. Adequate natural buffers are to be left
intact with existing trees, or replanted if the areas are disturbed during construction. Special
attention should be paid to "specimen" trees as outlined in the County land development
code.
Road and Utility Requirements -Major elements for a system to consider in siting a new
facility relate to infrastructure requirements by a Town or other public utility. In some
recent instances, the systems have been required to provide costly infrastructure such as
sidewalks and road improvements. These elements greatly inflate construction costs of new
facilities. As a system begins initial planning, there should be a joint meeting between
elected Town, County and Education officials to negotiate particular requirements that all
parties expect of other project partners.
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3. Building Design. Standards
As a school system selects a particular facility design,. it is important that the most cost-effective
design alternative be pursued. Historically in Orange County, new school buildings have been
designed uniquely for each particular project. The Board of Commissioners encourages systems
to pursue non-traditional; or prototype, designs that can be replicated for use on more than one
project. Should a system choose a unique design, it is to provide a detailed cost comparison
analysis and justification in writing of why that particular approach was chosen over a prototype
design.
4. Construction Standards
Over the past few years, the County has given special attention to defining construction
standards for each school level -elementary, middle and high schools. The standards provide a
minimum and maximum square footage and student capacity for each level. As a system
undertakes construction of a new facility, it is critical that the system adheres to the most recent
school construction standards, with the estimated cost including a reasonable allowance for
inflation.
The Commissioners agree to provide funding for new school facilities that are designed within .
the adopted standards. They do not agree to fund projects that go beyond the adopted standards
unless there is sufficient justification provided in writing by the Board of Education. One
justification for going beyond the standards centers on community use of the new facility. For
example,. a system may design a facility with a "larger than standards gymnasium" that allows
for eitizen/communityusc. In this case,. the system must provide detailed explanations outlining
the benefits to be offered to the community and citizens, in the context of the intergovernmental
"Memorandum of Agreement for Providing Coordinated Site and Facility Planning".
S. Project Approval
A project's inclusion in the ten-year plan does not give the Schools or the County legal authority
to expend funds. The legal authority to expend funds lies in County Commissioner approved
capital project ordinances. Therefore, the schools should not incur any expenses for any capital
project until the Board of County Commissioners approves the capital project ordinance.
In order to provide timely flow of the approval process and ensure that all elements are
addressed, staff recommends the following:
~ Detail included in each system's ten-year Capital Investment Plans regarding the scope and
timing of various phases of individual capital projects is limited. To that end; as individual
Boards of Education begin discussions related to new capital projects (construction, site
acquisitions, major renovations, etc), they will be expected, in writing, to notify the Board of
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County Commissioners of the substance of those discussions. The memorandum from the
School Board will:
• Provide the Commissioners -with an overview of the project concept along with other
project specifics that the Board of Education has defined to that point;
• Justify the need based on current school capacities and projected student enrollments
consistent with the School Adequate Public Facility Ordinance (if the Ordinance is in
effect at this time);
• Provide a preliminary cost projection of the project based upon the adopted school
construction standards and provisions of the Cost Effective Facilities Initiative (CEFI),
which has derived from earlier discussions about `value engineering";
• Request that the Board of Commissioners approve a capital project ordinance to provide
funding for the initial planning phase of the project;
• Instruct the Superintendent to update the County Manager, in writing, of the project's
progress at his/her monthly meetings with the County Manager.
• Upon receipt of the memorandum from the Board of Education, the Board of
Commissioners will:
• Act upon the project concept by either approving it or asking the Board of Education to
amend the concept plan;
• If the Board of Commissioners approves the project concept, the County Budget Director
will prepare an agenda, abstract and related capital project ordinance that provides
funding for the initial planning phase of the project;
• Appoint, by majority vote of the Board, either a Commissioner representative and one
staff representative, or two staff representatives, to partner with the school system as the
plans develop;
• Instruct County staff to confirm the project's cost estimates along with student
enrollment projections;
• Instruct the County Manager to update the Commissioners on a regular basis regarding
the written information shared by the School Superintendent.
6. Expenditure of Project Funds
Funding for Project Planning -School systems will not expend or encumber for
planning of any project until the Board of County Commissioners has approved the
plan concept.
Background -For several years, the Board of Commissioners has approved a capital project
ordinance entitled Planning for Future Projects for each school system. The creation of
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these ordinances enabled a system to expend a portion of their pay-as-you-go funds for
planning during a project's conceptual stages. Once a project grew beyond the concept
stages, systems requested the Commissioners to approve a "project specific" capital project
ordinance allocating all funds anticipated to carry out the planned project.. In turn, each
district expended their monies up-front for planning, design, architect, construction,
furniture and equipment. In return, the County reimbursed each District with all of the
project-related. expenditures up to the total project budget.
With the changes implemented by the County Commissioners in June 1999, this process
has .changed. It is important to note that unless a County ,approved capital project
ordinance is in place (i.e. adopted by the .County Commissioners), that the County is
not legally or otherwise obligated to reimburse the school system for their
expenditures. If the Board of County Commissioners approve the project concept 'and
capital project ordinance as outlined in Item 5 above, the following steps occur:
• Following Board of Commissioner approval of final plans for the project, the school
system advertises for construction bids;
• Once the system receives the bids, the School Superintendent notifies the County, in
writing, of the result of all bids received;
• While the Board of Education may receive the bids, it should not execute any contract
until the Board of County Commissioners receives bid information and approves a
capital project ordinance for the construction phase of the project;
• The School Superintendent submits, in writing, to the County Manager all. contract
change orders for the project. Upon receipt of the information, the County Budget
Director prepares an agenda abstract and an amended capital project ordinance for
approval by the Board of Commissioners.
• The School Finance Directors work with the County Budget. Director to ensure that the
capital project ordinance reflects bids received by the school district along with any changes
made by the Board of County Commissioners;
• Upon adoption by the Board of Commissioners, the Budget Director informs the School and
County Finance Director of the abstract approval and the assigned account number(s). This
is done via a standard memorandum that indicates purpose and account codes.
• All requests for payment from the School Finance Directors are forwarded to the County
Finance Department for payment. The County Finance Department ensures that the
requisition for payment falls within the purposes approved by the Board of Education.
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