Agenda - 12-03-2012 - 7a - Laserfiche WebLink

Browse Search

2 Once the revised by-laws as attachedare approved, the SC of OC, Inc. Board will be able to make modifications as it elects under statutes pertaining to incorporation as a private nonprofit. The Board of SC of OC, Inc. participated in the review, development, and discussion of the revised by-laws, andvoted at its meeting in June 2012 for County Management, Agingand Legal to submit to the BOCC for approval. Lease Agreement: The adult care facility from inception was co-located with the central Orange County Senior Center in the Meadowlands office park. When the senior centermoved into new space builtadjacent with the SportPlex, SC of OC, Inc. moved too within the overall capital project to maintain coordination of senior services. Orange County has not had a formal lease agreement with SC of OC, Inc. at either physical location. SC of OC, Inc. occupies approximately 3,550 of rentable, conditioned square feet with a 750 square foot exterior secure patio. The current market lease for this space would fall between $11 and $13 per square foot, per year,with the tenant paying for itsown utilities and janitorial, resulting in an annual lease payment to the County of $39,048 - $46,152. County Management and the County Attorney advise that a formal lease agreement with SC of OC, Inc.needs to be approved by the BOCC to clarify its relationship to Orange County government and distinguish its independence as a community-based private nonprofit. An annual lease payment of $1is recommended in light of SC of OC., Inc.’slimited financial resources with written understanding Orange County can re-evaluate the lease payment amount should the nonprofit’seconomic circumstances change and/or the rental space discontinue public purpose use. The lease is renewable for a period of five years. At the November 20, 2012regular meeting, the Board of Commissioners requestedinformation on whether to insert into the lease or bylaws a requirement either that Senior Care servesonly Orange County residents and/or that a supermajority of Senior Care’s Board of Directorsbe residents of Orange County. Department on Aging Director Janice Tyler indicates that it is certainly acceptable to askthat Senior Care, Inc.’s first prioritybeto serve the residents of Orange County, but that it would not be advisable to establish a specific number. The census at the facility has been very good the past few months, but that can unfortunately change within a matter of days since the facilityis serving such a frail population. Providedspace is available, the facility is available to anyone that meets the admission criteria and can make the payment arrangements. Regarding the Board of Directors’ membership, Ms. Tyler has suggested it remainas proposed. The Board of Directors has members representing UNC Healthcare, the University and others. There are often many people that work and serve in Orange County, but are not residents in the County. In addition, at some point, the Senior Care Boardmight have a desire to reach out to Duke Hospital for representation. Allowing the Senior Care Board to establish its own policies, if itso chooses, would allow for these needsto be addressed. FINANCIAL IMPACT: There is no financial impact associated with BOCC adoption of the revised by-lawsfor, andminimal impact with approval of a lease agreement for SC of OC Inc. RECOMMENDATION(S): The Manager recommends the Board approve the revised by-laws, approve the resolution authorizing the lease to Senior Care of Orange County, Inc., and authorize the Chair to sign the resolution and the lease agreement.