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Agenda - 04-08-2008-3
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Agenda - 04-08-2008-3
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8/29/2008 4:13:47 PM
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8/28/2008 9:57:07 AM
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BOCC
Date
4/8/2008
Document Type
Agenda
Agenda Item
3
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Minutes - 20080408
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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Carrboro City Schools, the district has requested to use $400,000 of the unanticipated revenue <br />to cover the additional items for Carrboro High including: <br />~k Additional furniture <br />~. Performing Arts equipment and supplies to start a drama program <br />-~k Spectator stands for the competition field <br />~~ Additional textbooks for the senior class <br />Background on Sales Tax Reimbursements to Schools <br />Prior to 2005, NC General Statute 164.4(c) allowed local school districts, along with other <br />governmental entities, to claim and receive refunds for local sales taxes they paid when making <br />purchases throughout the year. During the 2005 legislative session, the NC General Assembly <br />amended the Statute by eliminating local school districts from the entities eligible to receive <br />sales tax reimbursements. The result of the legislative action was that the State decided to <br />retain, within its coffers, the monies it had historically reimbursed to local school districts with <br />the ultimate outcome being a substantial revenue loss for local school districts across the state. <br />Recognizing that this action would have a significant negative impact on revenue available for <br />capital projects for both Orange County and Chapel Hill Carrboro City Schools, the Boards of <br />Education and County Commissioners directed staffs and attorneys to explore options that local <br />officials might pursue to circumvent the situation caused by State legislative action. <br />Using a November 28, 2005 memorandum from the focal Government Commission <br />(Attachment 2) which clarified how, under certain conditions, a county may assume <br />responsibility for the construction of school facilities and the purchase of supplies and materials, <br />Orange County bond counsel drafted an interlocal agreement to resolve the sales tax <br />reimbursement issue. On December 13, 2005, the Board of County Commissioners approved <br />interlocal agreements with both school systems, and each district approved their respective <br />agreement in January 2006. <br />The interlocal agreement provides for: <br />1. Conveyance of property by the School Board to the County; <br />2. Immediate leasing of conveyed property back to the School Board, so that the property <br />can continue to be used for school purposes; <br />3. School Board to undertake the contemplated projects as the County's agent, including <br />entering into design and construction contracts; <br />4. County to administer the payment of funds to contractors; and <br />5. Re-conveyance of property back to the School Board once the project is complete. <br />Future Policy Considerations <br />In addition to the County's School Construction Standards, the Board of County Commissioners <br />has the following policies and interlocal agreements in place to govern school and county <br />capital planning, funding, and spending: <br />Interlocal Agreement Concerning Capital Projects for Public Schools, adopted December <br />13, 2005 (Attachment 3) (as outlined above) <br />Policy on Planning and Funding School Capital Projects, adopted November 21, 2000 <br />(Attachment 4) <br />
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