Loading...
HomeMy WebLinkAboutORD-2003-103 Schools Adequate Public Facilities Memorandum of Understanding and Ordinanceo~~o- zoo 3 - ~~-3 MARGARET W. BROWN, CHA/R ORANGE COUNTY BOARD OF COY M {MISSIONERS ALICE M. GORDON, V/CE CHA/R POST OFFICE BOX S 1 8 1 MOSES CAREY, JR. srEaiaElvH. HALKiorrs 200 SOUTH CAMERON STREET BARRY/ACOBS HILLSBOROUGH, NORTH CAROLINA 27278 _~ 0 ~,,t ~o~~~.`a \h ~aY°~ 2, Donna S. Baker, County Clerk of the County of Orange, North Carolina, do hereby certify that the foregoing is a true and accurate copy of the approved Minutes of the June 26, 2003 Regular Meeting of the Orange County Board of Commissioners. This the 27~' day of October, 2003. Ev' r.~ e~ .. ~~ ar ~ L t ~~/G ~st~`l~b ~- Donna S. Baker County Clerk WWW. CO.ORANGE. NC. US PROTECT/NG AND PRESERV/NG -PEOPLE, RESOURCES, QUAL/TY OF L/FE ORANGE COUNTY NORTH CAROLINA -YOU COUNT! (9 f 9) 245-2 f30 • FAX (9 f 9) 644-0246 Orange County Board of Education Dr. Shirley Carraway Superintendent Board Members: Keith Cook, Chair Brenda Stephens, Vice Chair Randy Copeland Betty Tom Phelps Davidson Libbie Hough Delores Simpson Dana Thompson 200 East King Street Hillsborough, NC 27278 Telephone: 919-732-8126 FAX: 919-732-8120 ~uwry 3~ ~sg 2 ' ~84~ September 16, 2003 To Whom It May Concern: This is to certify that the following is a true and accurate excerpt from the minutes of the Orange County Board of Education dated July 14, 2003: 03-07-07 Schools Adequate Public Facilities Ordinance -Memorandum of Understanding -Superintendent Shirley Carraway presented a revised Memorandum of Understanding that was adopted by the Orange County Board of County Commissioners on June 26, 2003 outlining changes which clarify the Capital Improvements Program (CIP) process and their associated historically based membership projections and the Certificate of Adequate Public Schools (CAPS) system and their associated housing development related Student Generation Rate (SGR Projections). Upon motion by Libbie Hough and second by Dana Thompson, the revised Memorandum or Understanding was unanimously approved. ~ l., Dr. Shirley Carraway, Secretary Orange County Board of Education (seal) Orange County Schools 'Providing educational opportunities for successful futures. " ~ CS '7 ~~ ~jb3 Hillsborough, NC July 14, 2003 The Orange County Board of Education met on the above date in its office at 200 East King Street, Hillsborough, NC with the following business taking place: Call to Order -The meeting was called to order at 7:00 p.m. by the secretary to the Boazd Dr. Shirley Carraway with the following persons in attendance: Randy Copeland; Keith Cook; Betty Tom Davidson; Libbie Hough; Delores Simpson; Brenda Stephens; Dana Thompson; Dr. Shirley Carraway, Superintendent; Dr. Raymond Cooke, Associate Superintendent for Human Resource Services; Dr. Kathy Osborne, Associate Superintendent for Curriculum & Instruction; Dr. Kathy Hicks, Director of Student Services/Personnel; Anne D'Annunzio, Public Relations Coordinator; various patrons; 2 media representatives. Moment of Silence - A moment of silence was observed. 03-07-01 Adoption of Agenda -The agenda was adopted by consensus. 03-07-02 Public Comment -Public comment was heazd from the following: 1. Thomas Tuck and Kathleen Ander - Thanked Boazd members for support of the woodworking courses offered through Orange County Schools and for providing the opportunity for students to travel to Anaheim, CA for national competition. 2. Mazy Purcell -Reading Recovery teacher at Central Elementary School who thanked the Board for their leadership, support and for sharing her concern regarding the need for additional staff at Central Elementazy. 3. Judy K>»m;ncki -parent of students at Cedaz Ridge High and New Hope Elementary who has had numerous teachers in her tenure with Orange County. There has been one teacher that stands out -Christy Gardner Ryan. Her child was handled in a warm, loving way. Pazents aze here today questioning authority. Board Attorney Mike Pazker requested that public speakers refrain from using employee names in comment. 4. Jeff Edward -has two children in Orange County Schools who have had positive experiences at New Hope Elementary. Supports his son's fourth grade teacher of three years ago. To loose this teacher would be a great mistake. 5. Linda Carver -OFT (Orange Federation of Teachers) welcomed Dr. Carraway to Orange County Schools. Sometimes young teachers make mistakes. Our young teacher would most likely go on to be a good teacher if she were given the opportunity. 6. Susan Jones -her son's 4s' grade teacher at New Hope Elementary made all the difference in the world, not only academically, but also to him as a total person. Parent hopes the Boazd will reconsider their previous decision regazding this teacher. 7. Sabrina Robinson - as a 5`s grade teacher at New Hope, Ms. Robinson supports the 4~' grade teacher being questioned. Feels the teacher should be recommended for cazeer status. 03-07-03 Reorganization -Board Attorney Mike Pazker opened the floor for nominations for the office of Board Chair. Brenda Stephens nominated Keith Cook. Dana Thompson nominated Randy Copeland. Hearing no other nominations, Attorney Pazker called for the vote with Keith Cook being elected as Chair by a vote of 4 to 3. Voting for Cook were: Cook, Davidson, Hough and Stephens. Voting for Copeland were: Copeland, Simpson and Thompson. Keith Cook, Board Chair, opened the floor for nominations for the office of Vice Chair. Betty Tom Davidson nominated Brenda Stephens. Dana Thompson nominated Randy Copeland. Hearing no other nominations, Board Chair Keith Cook called for the vote with Brenda Stephens being elected as Vice Chair by a vote of 4 to 3. Voting for Stephens were: Cook, Davidson, Hough and Stephens. Voting for Copeland were: Copeland, Simpson and Thompson. Delores Simpson wished the Boazd to know that, regazding the election, her desire was for the Board leadership to be representative of the community, thus the reason she cast her votes the way she did. 03-07-04 Approval of Minutes -Dana Thompson referred to page 1410 of the June 16, 2003 minutes regarding the two votes reference Mike Kelsey. It was noted that Betty Tom Davidson was out.of the room when the votes were taken and cast her vote the following morning by phone in favor of the motion, thus not changing the outcome of the vote. The minutes of the June 16, 2003 meeting were approved by consensus. Consent Agenda Upon motion by Libbie Hough and second by Brenda Stephens, the following two Consent Agenda items were unanimously approved: 03-07-OS Overnight Field Trip Request(s) -Cedar Ridge High School Furniture/Cabinetmaking Class Field Trip Request traveling to Anaheim, CA July 29-August 4, 2003. 03-07-06 Facility Use Fee Waiver Request - N.C. Schools Attuned for use of the New Hope Elementary School Media Center on various days from May 7, 2003 to Apri18, 2004 with waiver of the $490 Facility Use Fee. 03-07-07 Schools Adequate Public Facilities Ordinance -Memorandum of Understanding -Superintendent Shirley Carraway presented a revised Memorandum of Understanding that was adopted by the Orange County Board of County Commissioners on June 26, 2003 outlining changes which clarify the Capital Improvements Program (CIP) process and their associated historically based membership projections and the Certificate of Adequate Public Schools (CAPS) system and their associated housing development related Student Generation Rate (SGR projections). Upon motion by Libbie Hough and second by Dana Thompson, the revised Memorandum of Understanding was unanimously approved. 03-07-08 2003-04 Budget Update - Dr. Carraway reviewed information provided in the Board packet as follows: Current Expense Continuation Budget, review of the Proposed Budget Comparisons sheet provided by the Public Schools of North Carolina, and the Budget Update form dated July 14, 2003. Superintendent Carraway has met with staff to discuss possible options and sources of funding available to satisfy the $1,232,598 shortfall in the current expense continuation budget and the $382,617 in reduction of funding by the state. Redirected Funds at the end of 2002-03 to increase available Fund Balance for 2003-04 Redirecting three local special education teachers to state special education $111,178 Redirecting four and one-half local reading teachers to Federal Chapter I $175,648 Redirecting two local reading teachers to state improving student accountability $69,795 Redirecting two months local central office administration to state central office administration due to superintendent vacancy $9,738 Redirecting six and one-half 4`s and 5's local teacher assistants to state at-risk $143,745 Redirecting three 4`s and 5~' local teacher assistants to state improving student accountability $69,640 Redirecting local matching funds for resource officers to state at-risk $100,000 Total Redirected Funds 2002-03 $679,744 Possible Redirected funds for additiona12003-04 Fundine Projected savings realized by redirecting three local special education teachers to state special education teacher $113,246 Projected savings realized by redirecting seven local special education teachers and two assistants to federal VI-B $339,608 Projected savings realized by redirecting local matching funds for resource officers to state at-risk $100,000 Total Redirected Funds 2003-04 $558,854 Total Funding to cover 2003-04 deficit $1,232,598 Superintendent Carraway believes staff heard loud and clear that money was short and they did not spend. People had been placed in local positions that could be moved to federal and state funding. Positions were moved so that federal and state funds would not be lost and would not be large carryover amounts for next year. With regard to state cuts, Superintendent Carraway recommends the following: Not filling five teaching positions: 2 state allotted positions and 3 class size reduction positions, all five positions which could be given back to the, state. %z Central Office Administrative position not filled and months of employment for other various vacant positions. Move 1 teacher assistant position to instructional support - PRC 69 or 72. Reduce $92 per ADM by $3 per student to $89 per ADM. Dr. Carraway emphasized that these reductions would be one year only adjustments that the system would not be able to do again for the 2004-OS school year. Administration will be meeting with staff to hold individual discussions about funding and allotments for the coming year in order to be able to maximize budget dollars. It was stressed that positions were looked at based upon need versus positions as they currently exist in order to make all schools as equitable as possible. Discussion: Board members were very pleased at the work done by Superintendent Carraway and staff in arriving at solutions for the budget shortfall. Upon motion by Betty Tom Davidson and second by Libbie Hough, a motion to approve the superintendent's recommendation as presented was unanimously approved. 03-07-09 2002-03 Budget Amendments - Sandra Tinsley presented budget amendments for 2002-03 as follows: #7 Federal Grants Fund, #8 State Public School Fund, #9 Local Current Fund, #10 Community Schools Child Care Fund and #11 School Food Service Fund. Upon motion by Brenda Stephens and second by Randy Copeland, the five budget amendments were unanimously approved as presented. 03-07-10 Adolescents-In-Need - Dr. Kathy Hicks, Director of Student Services/Personnel, presented a recommendation for continuation of funding in the amount of $24,000 for the 2003-04 school yeaz from At-Risk funds for the Adolescents-In-Need Program. This support will fund a part time social worker for adolescents in need serving students from both the two middle schools and the two high schools. Upon motion by Brenda Stephens and second by Betty Tom Davidson, the motion to approve the continuation of funding for the Adolescents-In-Need Program in the amount of $24,000 was unanimously approved. It was suggested that the Boazd would like to hear at a future meeting about all the services provided for students in need. 03-07-11 Revision of K-12 Accountability Policy -1`~ Reading - Dr. Kathy Osborne presented proposed changes to the K-12 Accountability policy to include revisions based on legislation concerning high school exit exam, new limited English proficiency guidelines, changing the high school end-of-course percentage from 30% to 25% of final grade to agree with the recommendation from the Department of Public Instruction and a general editing for readability and accuracy of content. Upon motion by Libbie Hough and second by Brenda Stephens, the motion to approve the K-12 Accountability Policy revisions on first reading was unanimously approved. 03-07-12 American Sign Language Independent Study - Dr. Kathy Osborne presented a request for Board consideration to approve two yeazs of American Sign Language taken as an independent study as the two years of foreign language necessary to meet the N.C. high school graduation requirements. Upon motion by Libbie Hough and second by Dana Thompson, the recommendation to approve American Sign Language taken as an independent study was unanimously approved. 03-07-13 Board Comments - Board comments were heard as follows: Randy Copeland -Very pleased with the new superintendent and everything that has gotten done this first month. Appreciates the sharing of information through the weekly superintendent's notes. Delores Simpson -This is the first time the Boazd has received information sharing of this type on a routine basis. With regazd to Board leadership, new Board members have typically had the opportunity to serve as co-chairs in order to learn and be ready to assume the chair position. Betty Tom Davidson - As a new Board member, Ms. Davidson appreciates Ms. Simpson's remarks but feels very confident with the leadership elected. New board members still have a lot to learn. Requested the new Board Chair give priority to updating the School Board Policy Manual and getting policies on line as quickly as possible. Libbie Hough -Thanks to Dr. Carraway for being here. Glad the boardroom has been painted. Also feels new Boazd members have a lot to learn and feels going through one full cycle before assuming a leadership role will be good. Does feel confident in the leadership of the Board. Ms. Hough has been approached by a small group of pazents -Liz Brown and Susan Hauck, who want to keep funding information at the forefront. Parents were referred to the superintendent in order to facilitate broadening of community support. Keith Cook - Attended a workshop last week through the North Carolina School Boards Association that was excellent. Will be recommending at the next retreat that the Board receive training in specific azeas. Brenda Stephens -Would like to see the superintendent's administrative associate included in the training as well. The session on communication was excellent. 03-07-14 Superintendent Comments -Superintendent comments were heard as follows: • Dr. Carraway is receiving requests for appeals from parents who have had transfer requests denied. Dr. Carraway requests direction from the Board as to how the Board wishes to handle these; i.e., appeals hearing by the full boazd or a partial representation of the board. • A group Board member picture needs to be taken as well as boazd member I.D. badges to use when Boazd members go into schools. • A Summer Leadership Conference has been scheduled for administrative staff which will include sessions on FLSA presented by Allison Schaefer, ABCs/AYP, the new Diabetes law, and other relevant topics of interest. • Convocation is scheduled for August 8 with guest Speaker Howard Lee. • Board retreat will be held on Wednesday, July 16 at Cameron Park Elementary School. 03-07-15 Closed Session -Upon motion by Brenda Stephens and second by Libbie Hough, a motion to go into closed session at 8:27 p.m. was unanimously approved. The meeting was adjourned out of closed session at 10:10 p.m. 03-07-16 Personnel Action - Dr. Raymond Cooke, Associate Superintendent for Human Resource Services, presented the following personnel recommendations: Neff, Kathleen CP Elementary Teacher Franklin, Lilian CE Reading Teacher Snipes, Altangla CE Elementary Teacher Cypra, Jennifer EC Elementary Teacher Sutton, Betsy EC Elementary Teacher Wickwire, Jane EC .Elementary Teacher Jaeger, Larry GAB Elementary Teacher Pridgen, Cheritta GAB Spanish Teacher Stafford, Eric NH Physical Education Teacher Wiley, Johnsie NH Exceptional Child Teacher List, Samantha PE Art Teacher Fry, Matthew ALS Science/Social Studies Teacher Jeffries, Eric ALS Technology Education Teacher McDonald, Jessica ALS Language Arts Teacher McLean, Janet ALS Cross Categorical Teacher Wahler, David ALS Social Studies Teacher Casteel, Kathryn CWS MSEN Teacher Montoya, Daphne CWS Math Teacher Kaizen, Inkem CRHS Theatre Arts Teacher Vance, Carolyn OHS Spanish Teacher Wingate, Kentellia OHS Business Education Teacher Request for Leave of Absence Florence, Sue Systemwide Teacher on Loan -Dept. of Public Instruction Upon motion by Brenda Stephens and second by Randy Copeland, the personnel recommendations and Request for Leave of Absence were unanimously approved as presented. 03-07-17 Resignation(s)/Transfer(s) -The following transfers were presented as information: Administrative Ziemba, Michael From: Associate Principal OHS To: Associate Principal CRHS Certified Dunn, Simona From: Reading Teacher (PT) CE Joubert, Suzette From: EC Teacher GAB Selwyn, Cecile From: AG Teacher (PT) CE/NH To: Elementary Teacher EC To: EC Teacher ALS To: AG Teacher (PT) HE Classified Bowman, Liz From: Crisis Assistant GAB To: Crisis Assistant PE Holloway, Laurie From: Crisis Assistant ALS To: Crisis Assistant NH There being no further business, the meeting was adjourned at 10:15 p.m. Chair Secretary NORTH CAROLINA ORANGE COUNTY I, Donna F. Armbrister, hereby certify that the foregoing is a true and accurate copy of the Minutes of the July 14, 2003 Regular Meeting of the Hillsborough Town Board. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the official corporate seal of said Town to be affixed, this the 9`" day of September, 2003. ,~~''~~o~~ ~HiL~s'f,,'p1 o. .~ - p.,. Tows ~ . ii = °~ ~ ` :. ! .` '~~~~r~~~~~~~~ onna F. Armbrister, CMC Town Clerk Town of Hillsborough Minutes Hillsborough Town Board July 14, 2003 7:30 PM, Town Barn The Hillsborough Town Board held a regulaz meeting on July 14, 2003 at 7:30 PM in the Hillsborough Town Barn. Present for the Boazd Meeting were Mayor Joe Phelps, and Commissioners Mike Gering, Mark Sheridan, Evelyn Lloyd, and Kenneth Chavious. Staff present were Town Manager Eric Peterson, Town Engineer Kenny Keel, Assistant Town Manager/Public Works Director Demetric Potts, Planning Director Mazgazet Hauth, Fire MarshaUCode Enforcement Officer Todd Chavious, Management Intern Kent Wyatt, and Town Attorney T. C. Morphis, Jr. Mayor Joe. Phelps called the meeting to order at 7:33 PM. 1. PUBLIC CHARGE Mayor Phelps did not read the Public Chazge, but stated that it would be observed. 2. INTERVIEW POTENTIAL VOLUNTEER APPLICANTS A. Interview candidates for vacant seat on the Historic District Commission The Town Board interviewed Max Preston for the vacant seat on the Historic District Commission. Preston lives a historic house and thinks his background can help the commission. 3. APPOINTMENTS A. Consider appointing Max Preston to a full term on the Historic District Commission with a term to expire July 31, 2006. After some discussion, and upon a motion by Commissioner Sheridan, seconded by Commissioner Gering, the Board moved to approve the appointment of Max Preston to serve a full term on the Historic District Commission with a term to expire July 31, 2006 by a vote of 4- 0. The motion was declared passed. 4. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA (speakers will have a 5 minute limit} There were no audience comments. 5. AGENDA CHANGES & AGENDA APPROVAL There were no changes. 6. APPROVAL OF THE NIINUTES OF JUNE 9~, 2003 REGULAR BOARD MEETING, THE JUNE 9~ CLOSED SESSION AND THE JUNE 12~, 23~, AND 26~ RETIREMENT CENTER ROUNDTABLE WORKSHOPS Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved to approve the Minutes of the June 9th, 2003 Regular Board Meeting, the June 9th Closed Session and the June 12d', 23rd, and 26d' Retirement Center Roundtable Workshops as presented by a vote of 4-0. The motion was declared passed. 7. REPORT FROM THE TOWN MANAGER Town Manager Peterson updated the Board on the proposed Waterstone development. He announced all candidates filing for, the Board or Mayor with receive information from Town staff. Also, Town Manager Peterson sought permission to miss the September boazd meeting for his annual trip to Topeka. 8. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel announced the reservoir water flow was still in good shape. He updated the Boazd on the upgrade of the Lawndale pump station. Also, he thanked Mayor Phelps and Commissioner Sheridan for finding a lower bid on a roof structure at the water plant, saving the town $13,000. 9. CONSENT AGENDA A. Receive $5,000 Adopt-A-Trail Grant award to construct the portion of Riverwalk in Gold Pazk B. Consideration of an Ordinance amending Chapter 4, Section 4-7 Performance Appraisal Policy/Merit Principle and Equal Employment Opportunity of the Town Code C. Consider declaring property surplus, and authorizing surplus property be sold at auction Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved to approve Items 9.A, 9.B, and 9.C on the Consent Agenda by a vote of 4-0. The motion was declazed passed. A copy of the Ordinance amending Chapter 4, Section 4-7 of the Town Code is hereby made a part of these official Minutes as an Attachment. 1Q. ITEMS FOR DECISION -REGULAR AGENDA A. Receive Report from and Endorse the Concept of the Churton Street Corridor Improvement Plan Design Charette by the Tourism Board Lori Michel presented the report on behalf of the Tourism Board. She has spoken with university officials from UNC and I+IC State who expressed an interest in having their students participate. The three topic entries receive a cash prize. Local businesses will receive the winning concept. Town Planning staff may be called on to provide limited support and guidance. 2 Commissioner Gering asked Michel about the status of the Colonial Inn. She mentioned informal talks had taken place with the owner. The Board decided to send the owner a letter, inviting him to the September Board meeting. Finally, the Board endorsed the plan of the Tourism Board. B. Discussion of Retirement Roundtable Information Commissioner Dancy sent a letter to the Board with her priorities. Commissioner Gering has divided the criteria presented by the Council of Aging into varying levels of importance. Commissioner Chavious stressed each Board member should prioritize criteria and then meet to discuss results. Commissioner Sheridan found the Retirement Roundtables extremely helpful and desires to have a HLTD 202. Commissioner Lloyd put together a list of her top criteria. Mayor Phelps discussed the next steps and timeframe for making a decision on current applications. Commissioner Chavious suggested a meeting to strictly discussing the Board members priorities. The Board agreed to meet on Thursday, July 24 at 7:00 PM in the Town Barn. C. Update from Code Enforcement Officer on Nuisance and Junk Car abatement efforts Fire Marshal/Code Enforcement Officer Todd Chavious informed the Board of a 75 percent turnaround of violators coming into full or partial compliance. Chavious and Town Attorney are seeking civil action against a couple of violators. D. Consider approval of reclassification of Street Supervisor and Sanitation Supervisor positions Assistant Town Manager/Public Works Director Demetric Potts stated it is in the best interest of Department employee's to only have one supervisor. Reclassification of position evolved from discussions with Town staff. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the reclassification of Street Supervisor and Sanitation Supervisor positions as presented by a vote of 4-0. The motion was declared passed. E. Consider approval of Revisions to Technical Specifications for Water & .Sewer Systems 3 Town Engineer Kenny Keel stressed only minor changes are being made to the technical specifications. Upon a motion by Commissioner Lloyd, seconded by Commissioner Sheridan, the Board moved to approve the revisions to Technical Specifications for Water & Sewer Systems as presented by a vote of 4-0. The motion was declared passed. A copy of the Technical Specifications for Water & Sewer Systems is hereby made a part of these official Minutes as an Attachment. F. Consider approval of Contract for Lakeshore Drive Outfall Design and Project Administration Town Engineer Kenny Keel assured the Board property owners are a main concern of the project. These owners are being contacted to provide input. Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to approve the contract for Lakeshore Drive Outfall engineering service by a vote of 4-0. The motion was declared passed. A copy of the contract is hereby made a part of these official Minutes as an Attachment. G. Consider approval of Raw Water Sales Contract for Orange-Alamance Water System Town Engineer Kenny Keel informed the Board that Orange-Alamance only suggest minor changes. The Town of Hillsborough will charge $1.50 for raw (untreated) water sales. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the Raw Water Sales Contract for Orange-Alamance Water System by a vote of 4-0. The motion was declared passed. A copy of the contract is hereby made a part of these official Minutes as an Attachment. Mayor Phelps declares a recess at 9:39 PM. Mayor Phelps reconvened at 9:45 PM. .~ H. Consideration of a revised Memorandum of Understanding and Ordinance Amendment to establish an Adequate Fublic Schools Ordinance Planning Director Margaret Hauth provided the Board background information. She stated the agreement is voluntary and not legally binding. Commissioner Sheridan added the Board can vote at any time to strike ordinance. Upon a motion by Commissioner Gering, seconded by Commissioner Sheridan, the Board moved to approve the revised Memorandum of Understanding and an ordinance to add the Adequate Public Facilities provisions to development codes by a vote of 4-0. The motion was declared passed. A copy of the Schools Adequate Public Facilities Memorandum of Understanding is hereby made a part of these official Minutes as an Attachment. I. Consideration of Courtesy Review Agreement 4 Planning Director Margaret Hauth stated the agreement allows for better communication between Hillsborough and Orange County. Commissioner Sheridan inquired into how the Board would be notified of proposed developments. Hauth agreed to send out aone-page synopsis of proposed developments. Town Manager Peterson recommended a change of 30 days on the top of the 3rd page after "meeting". Town Manager Peterson and Hauth agreed to develop another pazagraph regazding joint meetings of the governing bodies. J. Consideration of Contract with Callemyn to survey Gold Pazk Planning Director Margaret Hauth stated the project will cost $3,300 covering 24 acres. Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Boazd moved to approve the contract with Callemyn to survey Gold by a vote of 4-0. The motion was declared passed. K. Receive Staff Report on Non-Conforming Freestanding Signs in the South Churton Street Corridor Planning Director Mazgazet Hauth presented information regazding the businesses that are not in compliance with ordinance. Commissioner Sheridan would like to discuss ordinance with Chamber of Commerce as well as examine the way other municipalities handle enforcement. Commissioner Sheridan believes selective enforcement of part of the ordinance is legal but may not the right direction. Hauth agreed to examine the time frame of compliance and amortization period of signage. L. Direction to staff regarding the Orange Grove Road Task Force report and consideration of endorsing the report's recommendation Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Boazd moved to approve the Orange Grove Road Task Force Report by a vote of 4-0. The motion was declazed passed. M. Review and consideration of a Policy for Recruiting Volunteers for Advisory Boards Planning Director Mazgazet Hauth presented an internal policy for recruiting volunteers. Hauth set an advertisement policy to acquire a pool of candidates. Commissioner Gering requested all applications be kept on file even after position is filled. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the internal policy for recruitment of volunteers for Advisory Committees by a vote of 4-0. The motion was declazed passed. N. Consider Approving $250 Contribution to the 30~` Annual Conference of Neighborhood USA Town Manager Peterson requested a contribution for the Town to serve as a co-sponsor of event in Raleigh. Upon a motion by Commissioner Gerin~, seconded by Commissioner Lloyd, the Board moved to approve the $250 contribution to the 30 Annual Conference of Neighborhood USA by a vote of 4-0. The motion was declared passed. O. Consider the allowance of upright headstones in the entire Town Cemetery Mayor Phelps expressed an interest in changing current policy. Commissioner Sheridan desires to keep policy because it is not fair to people who previous purchased plots. Commissioner Chavious questioned the reason of maintenance as a reason for not allowing upright stones. Commissioner Chavious is not in favor of current policy and believes plot owners should have the choice between upright and flat stones. Commissioner Gering realizes both sides of the issue while believing fairness of existing burials outweighs maintenance concerns. After continued discussion, the Board decided to keep current policy. P. Consideration of Agreement Between Hillsborough and Carrboro Authorizing the Towns to Share the Services of a Safety Officer Assistant Town Manager/Public Works Director Demetric Potts presented an update on the position. Safety Officer will provide benefits by Carrboro and service will be under contract with Hillsborough. Mayor Phelp suggested a minor change to last paragraph. Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the authorization of the Town to share the services of Safety Officer with Carrboro by a vote of 4-0. The motion was declared passed. 11. ADJOURN Upon a motion by Commissioner Gering, seconded by Commissioner Sheridan, the Board moved to adjourn at 10:58 PM by a vote of 4-0. The motion was declared passed. Res ectfully submitted, Ke~age ent lnte Donna F. Armbrister, MMC Town Clerk 6 it ~,I~ ~( ~ SEP 1 0 ~~tr'S CHAPEL HILL-CARRBORO CITY SCHOOLS j~ IE ~._ Lincoln Center, 750 S. Merritt Mill Road - ~" Chapel Hill, North Carolina 27516-2881 ~'T z~~~ ~~~~- -----~ Telephone: (919) 967-8211 Neil G. Pedersen Nettie Collins-Hart, Assistant Superintendent Superintendent of Instructional Service Stephen S. Scroggs, Assistant Superintendent Of Support Services Raymond J. Reitr, Chief Technology Officer TO: Donna Baker FROM: Donna Wyatt RE: SAPFO -School Board minutes DATE: September 9, 2003 Per your request I have enclosed the minutes from the July 17, 2003 School Board meeting along with the agenda. Since it was on our Consent Agenda there was no discussion only a vote to approve. Chapel Hill-Carrboro City Board of Education Thursday, July 17, 2003 Lincoln Center 4:00 p.m. Closed Session for Transfer Appeals Superintendent's Conference Room 6:00 p.m. Dinner -SCR Regularly Scheduled Meeting 7:00 p.m. Call to Order 7:01 p.m. Approval of Agenda 7:02 p.m. Approval of Minutes and Closed Session Minutes from June 19, 2003 7:03 p.m. Announcements 7:05 p.m. Opportunity for SGC Presentations 7:10 p.m. Opportunity for Citizen Presentations Consent Agenda 7:15 p.m. 1. Theft & Vandalism Report 2. Construction Report 3. UNC Speech & Hearing Contract 4. Release of Students 5. Approval of COLA Grant for Pre-K/Headstart 6. Approval of Teaching American History Grant Proposal 7. Approval of SAPFO Memorandum of Understanding Discussion and Action Agenda 7:16 p.m. A. Approval of Child Nutrition Updates and Financial Options 7:36 p.m. B. Adoption of 2003-2004 Budget 8:06 p.m. C. Approval of Tuition Rates for 2003-2004 School Year 8:11 p.m. D. Approval of Calendar Updates for 2003-04 8:21 p.m. E. Approval of Spending Resolution for Capital Improvement Plan Work Session Agenda 8:26 p.m. Update on Career and Technical Education Program 8:56 p.m. Test Security Policy 9:26 p.m. Interlocal Agreement with BOCC Regarding Funding for High School #3 10:01 p.m. Sharing by Board Members/Superintendent Closed Session Personnel Matters Student Matters/Transfer Appeals Amended Note: All times are approximate. Speakers and presenters are encouraged to arrive early in the event that the Board moves through the agenda more quickly than anticipated. CHAPEL HILL-CARRBORO SCHOOL BOARD OF EDUCATION CHAPEL HILL CARRBORO CITY SCHOOLS CHAPEL HILL, NORTH CAROLINA MINUTES The Chapel Hill-Carrboro Board of Education met for its regularly scheduled meeting at Lincoln Center on Thursday, July 17, 2003. Prior to the meeting the Board met in closed session. Members present included Elizabeth Carter, Nick Didow, Gloria Faley, Valerie Foushee, Maryanne Rosenman, and Ed Sechrest. Lisa Stuckey was not present. Call to Order: The Board meeting was called to order at 7:03 p.m. Approval of the Agenda: On a motion by Ms. Faley, seconded by Ms. Rosenman, the Board voted 6-0 to approve the agenda. Regularly Scheduled Meeting 7:00 p.m. Call to Order 7:01 p.m. Approval of Agenda 7:02 p.m. Approval of Minutes and Closed Session Minutes from June 19, 2003 7:03 p.m. Announcements 7:05 p.m. Opportunity for SGC Presentations 7:10 p.m. Opportunity for Citizen Presentations Consent Agenda 7:15 p.m. 1. Theft & Vandalism Report 2. Construction Report 3. UNC Speech & Hearing Contract 4. Release of Students 5. Approval of COLA Grant for Pre-K/Headstart 6. Approval of Teaching American History Grant Proposal 7. Approval of SAPFO Memorandum of Understanding Discussion and Action Agenda 7:16 p.m. A. Approval of Child Nutrition Updates and Financial Options 7:36 p.m. B. Adoption of 2003-2004 Budget 8:06 p.m. C. Approval of Tuition Rates for 2003-2004 School .Year 8:11 p.m. D. Approval of Calendar Updates for 2003-04 8:21 p.m. E. Approval of Spending Resolution for Capital Improvement Plan Work Session Agenda 8:26 p.m. Update on Career and Technical Education Program 8:56 p.m. Test Security Policy 9:26 p.m. Interlocal Agreement with BOCC Regarding Funding for High School #3 10:01 p.m. Sharing by Board Members/Superintendent Closed Session Personnel Matters Student Matters/Transfer Appeals Approval of the Minutes and Closed Session Minutes from June 19, 2003: On a motion by Ms. Faley, seconded by Mr. Didow, the Board voted 6-0 to approve the minutes and closed session minutes from June 19, 2003. Announcements: Mr. Pedersen announced that all candidates for the Board are invited to come to Lincoln Center at 12:00 on July 23 for a Meet the Candidate gathering. There are only two weeks left to file to be a candidate. Opportunity for SGC Presentations: There were none. Opportunity for Citizen Presentations: There were none. Consent Agenda: On a motion by Ms. Carter, seconded by Ms. Faley, the Board voted 6-0 to approve the Consent Agenda. Discussion and Action Agenda Approval of Child Nutrition Updates. and Financial Options: The Board was provided with an update of the Child Nutrition program. The update includes the current budget, efforts to save additional food and Labor costs as well as initiatives to improve nutrition. The Board was presented with seven options: 1) No action beyond the $.10 already approved by the Board; 2) no additional increase in meal prices, make District labor adjustments as outlined; 3) $.OS additional meal increase, no changes in labor; 4) $.05 additional meal increase in meal prices, make District labor adjustments; 5) no additional increase in meal prices, make District labor adjustments and newly hired employees are put~on Sodexho's payroll; 6) $.OS additional increase in meal prices, no District Labor adjustments, and newly hired employees are put on Sodexho's payroll: and 7) $.OS 2 additional- increase in meal prices, make District labor adjustments, and newly hired employees are put on Sodexho's payroll. Two resolutions were presented to the Board: Resolution A: Be it, therefore resolved that the Board of Education adopts Option 4, reducing labor as presented and providing a 5-cent increase on lunch prices. Elementary Lunch $1.95 Middle Lunch $2.20. High Lunch $2.20 Adult Lunch $2.85 Student Breakfast $.80 Adult Breakfast $1.25 Resolution B: Be it, therefore, resolved that the Board of Education adopts Option 5, reducing labor as presented and directing that all new employees become Sodexho employees. An amendment was proposed for resolution B. The amendment would not reduce the labor and employees would be transferred between schools before hiring additional staff. On a motion by Ms. Rosenman, seconded by Ms. Faley the Board voted 6-0 to approve Resolution B with the above amendment. Approval of 2003-04 Budget: Mr. Pedersen presented a summary of the proposed budget for 2003-04 to the Board. The final state budget will reduce the district's 2003-04 budget by $617,709 and reduce the CTE budget by 15 months of employment. The 15 months is equivalent to 1.5 teaching positions or approximately $72,000. The flexibility portion of the reduction is $351,248. Only $220,370 is recommended to be replaced by allocation of local funds. This amount will put back dollars into salary lines and maintain the same level of supplies and. materials for the schools. The Orange County Commissioners approved the 2003-04 County Operating and Capital Budgets on June 26, 2003. CHCCS is budgeting $1.5 million again this year from 3 undesignated fund balance. After accommodating the $1.5 million, the district will still have more than a 3% undesignated fund balance. The Recurring Capital budget has been changed to reflect the County's allocation. The district will receive $1,092,962. Resolution: Be it, therefore, resolved that the Board of Education adopts the budgets as defined in the attached documents with any amendments made at its meeting on July 17, 2003. On a motion by Ms. Faley, seconded by Ms. Carter, the Board voted 6-0 to approve the 2003-04 budget. Tuition Rates for 2003.04 School Year: The Board was presented the 2003-04 tuition rates. The rates for out-of-county students are based on the per pupil allocation from the county for operating expenses and recurring capital. The rate for in-county, but out-of- district isbased on the per pupil allocation of the special district tax. Employee tuition has not changed. Resolution: Be it, therefore, resolved that the Board of Education sets the tuition rates for the academic year 2003-04 at the following levels: Out-of-County $3600.00 In-County $ 932.00 On a motion by Ms. Faley, seconded by Ms. Carter, the Board voted 6-0 to approve the tuition rates for 2003-04. Elpproval of Calendar Updates for 2003-04: The Board was presented with suggested revisions to the calendar for the 2003-04 school year. These revisions have become necessary due to recent changes in the law and pending legislation, Senate Bill 737. Under the current law, the Board has eight work days and the schools have twelve work days to designate as mandatory or optional. If the legislation passes, the number of mandatory work days would have to be reduced. The suggested calendar indicates four Board designated mandatory workdays with two days split. This leaves 3.5 days that the sites could designate as mandatory. Resolution A: Be it, therefore, resolved that the Board of Education adopts the proposed revisions to the calendar for the 2003-04 school year. 4 Resolution B: Be it, therefore, resolved that the Board of Education directs the Administration to maintain the current calendar pending resolution of NC Senate Bi11737. On a motion by Ms. Rosenman, seconded by Mr. Didow, the Board voted 6-0 to approve Resolution A. Approval of Spending Resolutions for Capital Improvement Plan: A resolution is required to authorize expenditure of CIP funds between July 1 and the adoption of the final CIP budget by the Board of Education. The Orange County Commissioners requested a list of CIP projects requiring funds prior to September 1 and have only authorized those expenditures for 2003-04. Funding Requvrements prior to September 1: 1) Health and Safety -Fire/Safety/Security; and 2) Technology -Infrastructure. Thin Client Projects, Video Projects, Computer/AV Hardware for Schools, Contracted Services, Business Software, Phone Systems, and Home Access to Technology. Resolution: Be it, therefore resolved that the Board of Education authorizes the expenditure of CIP funds as approved by the Orange County Commissioners for the period of July 1-September 1, 2003. On a motion by Mr. Didow, seconded by Ms. Carter, the Board voted 6-0 to approve the spending resolutions for Capital Improvement plans. Work Session Update on Career and Technical Education Program: Ms. Collins-Hart introduced Ms. Bello who presented a Powerpoint Presentation on the CTE program. The update includes data on CTE enrollment, curriculum offerings, student credentialing, and certification, student achievement, program planning, partnerships, and school-to-careers. The update also contains an overview of CTE highlights for 2002-03. Ms. Bello provided new information concerning funding changes at the state level and VoCATS scores for 2002-03. Student enrollment in CTE courses total 1086 for high school and 2494 for middle school. Ms. Foushee asked the audience if there were any comments. There were none. 5 Test Security Policy: A new local policy required by state law, was presented enumerating the rules regarding testing ethics and security. This is a restatement of rules that are routinely included in the required training of teachers who administer State tests. In addition, the policy stipulates the penalties for egregious violations of testing ethics and security. The local requirements are that schools and the district must have written testing security plans that are on file in the district testing office. Staff in schools and at the district office are required to follow written plans. The local Board of Education may take disciplinary action against a staff member who commits a violation including, but not limited to, oral and/or written reprimands, suspension with or without pay, or termination. Ms. Foushee asked the audience if there were any comments. There were none. Interlocal t~greement with the BOCC Regarding Funding for High School #3: The major stipulations in the proposed agreement are summarized as follows: 1) the Board of Education (BOE) may use eminent domain to acquire the properties associated with the proposed site for high school no.3; 2) the BOCC will appropriate $2,535,700 for the BOE to acquire this property; 3) the BOCC will appropriate a total of $27.8 million for high school no. 3 with any excess expense paid by the BOE using pay-as-you-go funding that will not require further county indebtedness; 4) the BOCC waives any rights to appeal, mediate, arbitrate, or otherwise resolve disputes between the BOE and BOCC regarding the amount of funding appropriated for the site, the school, and all future capital expense funding; and 5) the BOCC will appropriate an additional $2.2 million for high school no. 3 if it is satisfied that the BOE design "promotes smart growth, which design addresses reduced parking, reduced land disturbance, and other deleterious aspects of the previously reviewed plan for .... high school no. 3." Previously, the Board of Education had indicated, at least unofficially, that it is amenable to using eminent domain as a last resort to acquire the Rock Haven properties, to accepting responsibility for covering the cost of property acquisition that might exceed $2,535,700, and to making every effort to stay within a $30 million budget with the understanding that the design must incorporate reductions in parking and land disturbance and other environmentally sensitive features. Furthermore, it was understood that if the cost for the high school exceeded the amount of funding appropriated by the 6 BOCC, the. BOE would be responsible for making up the difference without incurring additional debt for the County. The proposed interlocal agreement, basically, captures these issues, but does contain some problematic language and lingering issues. On page 5, the BOCC indicates that it does not endorse the site selected for high school no. 3 or the use of eminent domain to acquire the necessary parcels. This language is both confusing and disturbing. Under N.C.G.S. § 115C-426(f),.County Commissioners are given authority to approve the acquisition of property for a school site in that they must appropriate the funds necessary for the purchase of sites proposed by Boards of Education. It would seem that a BOCC would not appropriate funding for a site that it does not endorse. The BOE does not have unilateral statutory power to acquire school sites because of its dependence upon the BOCC to appropriate the funding. We recognize and respect that some County Commissioners have concerns about this site, but we thought that the appropriation of $2,535,700 for the site signaled an endorsement of the site. Furthermore, in that the BOE had been clear that the use of eminent domain would likely be necessary to acquire one or more parcels composing this site, this interlocal agreement represented a willingness on the part of the BOCC to use eminent domain if necessary. Regarding Paragraph 3 (page 8), there is reference to "the Standards for CHCCS high school #3." The BOCC has suggested that the BOE consider alterations to the standards that had been used in planning for high school no. 3, including the phasing in of components and the reduction of initial capacity. Due to a limited budget, this high school may not have all of the features included in the County's high school standards fora 1000 student high school. This paragraph would be clearer if it was rewritten as follows: "The Board of commissioners agrees to appropriate a total of $27,800,000 for the total of all of the elements contained in the initial phase of high school no. 3..." The purpose for including Paragraph 5 (page 8) is unclear and advice from the School Board attorney should be sought. Particularly troublesome is the last clause, which stipulates that the BOE would give up all rights to resolving disputes regarding the "total appropriations now and in the future from the Board of Commissioners to the Board of Education's school capital expense fund." The interlocal agreement should be limited to issues associated with the funding of high school no. 3. Especially in light of the potential for litigation associated with the Schools Adequate Public Facilities Ordinance and, perhaps, merger, it would be unwise, and quite likely illegal, for this Board of Education to rule out the possibility of statutory or judicial 7 appeals, mediation, and arbitration of potential future disputes between these two bodies with regard to any aspect of school capital expenses. Terms such as "smart-growth," "reduced parking," "reduced land disturbance," and "deleterious aspects of the previously reviewed plan" have not been defined. The interlocal agreement gives unilateral authority to the BOCC to determine if these undefined criteria have been met. Clearly, this puts the BOE at the mercy of the BOCC. It would be preferable if there could be agreement on objective targets in the interlocal agreement for how these standards would be met. The interlocal agreement does not stipulate from where the additional $2.2 million of funding will come. It should stipulate that the $2.2. million will not come from funding sources previously identified for the $27.8 million of funding or from the CHCCS pay-as-you-go allocation. Mr. McCormick, the Board Attorney, will bring back a new document with language changes. Mr. McCormick will have a discussion with the County Attorney to find a common ground. Mr. Scroggs will add the Carrboro document on Smart Growth. Ms. Foushee asked the audience if there were any comments. There were none. Sharing by Board Members and Superintendent: Mr. Pedersen reminded the Board about the Summer School graduation on July 29 at 5:00 pm at ECHHS. Mr. Pedersen informed the Board that the ABC information would be shared at a press conference tomorrow at 11:00 am at Lincoln Center. Ms. Faley and Mr. Didow stated they would be present. On a motion by Ms. Rosenman, seconded by Ms. Faley the Board voted 6-0 to: accept the resignations of the following: Susan Read, Stephen Messiter, Deanna Bouyer, Dorothy Reams, Stacie Warren, Beryl Thorton, Barbara Harvey, Virginia Barker, Jenean Abolins, Kimberly Staten, Daphne Montoya, Tong Li, Susan Sutliff-Shipley, Ann Turek, Patricia Endsley, Marilyn Mohler, Deanne Zyromski, Katherine Harsh, Amy Sparks, Becca Norris, Barbara Jaeger, Susan Shriver, Julie Vazquez, and Michelle Nixon accept that the employment of Carol Orringer, French teacher at Ephesus be reduced to 50% at her request for the 2003-04 school year. approve the resignation of Jean McGregor, program facilitator at Carrboro be rescinded and Ms. McGregor be re-instated as program facilitator at Carrborro and Rashkis. approve Shawna Catlett, French teacher at Estes Hills will transfer to Ephesus for the 2003-04 school year. approve Elizabeth Straw, primary teacher at Carrboro will transfer to McDougle Elementary for the 2003-04 school year. approve Melissa Stopa, proficiency specialist at Scroggs will assume the position of technology specialist for Scroggs for the 2003-04 school year. approve the employment of Tamara Finch, enrichment specialist at Ephesus be reduced to 50% at her request for the 2003-04 school year. approve the following individuals be elected for re-employment for the 2003-04 school year: Linda Palladino, Anna Mitchell, Jodi Wise, and Estelle Hendricks, approve the family leave of absence for Katherine Tucker, resource teacher at Glenwood from August 11, 2003 through October 21, 2003. approve the family leave of absence for Karen Horton, science teacher at McDougle Elementary from August 11, 2003 through October 3, 2003. approve the following employment of the following individuals by administrative contract for atwo-year period August 1, 2003 -June 30, 2005: Renee Duckenfield and Erin Kershner approve the employment of the following for the 2003-04 school year: Andrew Bagwell, Kathleen Barton, Kathleen Britto, Elizabeth Burcrek, Kevin Carter, Cecil Duff Coburn, Amy Darbaker, Robyn Davis, Kristina Dunn, Kaawa Dupree, Christy Fiftal, Debra Freeman, Evelyn Criddens, Rebecca Hite, Kristen Johnson, Rebecca Kaufer, Stephanie King, Patricia Lewis, Paul Marshall, Meredith Meade, David Moore, Kevin Murphy, Leslie Nanna, Blake Norris, Kelly Sears, Jennifer Ventura, Erin Shindledecker, Gredel Walbert, Lucy Wilks, Uvonda Willis, Erin Cocke, Donna Swahlan, Andrea Bittle, Jennifer Prussa, Mary Catherine Jones, Maren Albans, Tricia Billy, Gina Chapman, Molly Fasolka, Cheryl Paulsen, Stuart Phillips, Sue Versenyi, Ronnie Jackson, Elizabeth Ann Taylor, Satinder Wright, Gayna Perry, Sean McCabe, Laura Kirk, and Thomas Mitchell approve the following non-faculty coaches employed for the 2002-03 school year be re-employed for the 2003-04 school year: Kevin Dizon, Brandon Mangum, John Pendergrass, Doug Chanin, Amy Vitt, Rodney Taylor, Ricky Bynum, Glen Estacio, Joe Calandro, Jim Turnbull, Kenny Batch, Jeff Gorski, Seth Berkowitz, Tripp Price, Stacey Harris, and Jon Noyes approve a medical leave of absence for Joelle Brummett-Yale for an indefinite period beginning June 10, 2003. 9 approve the medical leave of absence for Phyllis Kessler, teacher assistant at Seawell from August 18, 2003 through February 17, 2004. accept that Tasha Moore, clerical assistant at Seawell has assumed the data manager position at Rashkis efective July 1, 2003. accept that Brenda Stanley, finance secretary at Lincoln Center, has assumed the position of purchasing manager with the finance office effective July 1, 2003. approve the resignation of the following individuals: Melissa Neal, Jospeh Thomas, Matthew Johnson, Maureen Looby, Melissa Routh, Martha Workman, Sheila Singh, Phyllis Taylor, Jocelyn Gnieski, Laurie Crabtree, Mary Jones, Joanna Kallai, LaTonya Foster, David Buckingham, John Finley, Yi Spindler, Laura Bobis, Joanna Knox, Rachel Blair, and Kelly Lowe. approve the employment of the following individual: John Quay approve that Sue Ellis, bus driver with the transportation department, will not be re-employed for the 2003-04 school year. On a motion by Ms. Faley, seconded by Ms. Rosenman, the Board voted 6-0 to adjourn at 10:30 pm. Neil G. Pedersen, Secretary 10 I, Joyce A. Smith, CMC, Town Clerk of the Town of Chapel Hill, do hereby certify that the attached is a true and correct copy of Resolution 2003-06- 25/R-1 adopted by the Chapel Hill Town Council on June 25, 2003. This the 17th day of September, 2003. Joyce A. Smith, CMC Town Clerk A RESOLUTION ADOPTING A REVISED SCHOOLS ADEQUATE PUBLIC FACILITIES ORDINANCE MEMORANDUM OF UNDERSTANDING, AND AN ADDENDUM TO THAT MEMORANDUM OF UNDERSTANDING (2003-06-25/R-1) WHEREAS, the Chapel Hill Town Council has adopted a Memorandum of Understanding and enacted an ordinance, both designed to initiate Chapel Hill's participation in a countywide Schools Adequate Public Facilities Ordinance system; and WHEREAS, the Orange County Attorney has advised that the Memorandum of Understanding be amended to remove development constraints related to high school capacity until a new, third high school is opened in the Chapel Hill-Carrboro School District; and WHEREAS, the Council finds that its enacted ordinance can remain intact, and that the high school capacity issue can be addressed with changes to the Memorandum of Understanding and adoption of a new Addendum to the Memorandum of Understanding; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves a Revised Memorandum of Understanding and an Addendum to the Memorandum of Understanding, as presented in the Town Manager's memorandum of June 23, 2003. This the 25~' day of June, 2003. As Presented to the Chapel Hill Town Council, June 23, 2003, continued to June 25, 2003 ADDENDUM TO SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This .Addendum to the Schools Adequate Public Facilities Memorandum of Understanding is entered into this day of , 20 , by and among the Town of Carrboro, the Town of Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County. WHEREAS, school membership within the high school level in the Chapel Hill-Carrboro City School District for the 2004-2005 school year is projected to exceed 110% of building capacity; and WHEREAS, a third high school for the Chapel Hill-Carrboro City School District is in the planning stage, on the Orange County 10-year CIP and funding is expected to be committed to the Chapel Hill-Carrboro City Board of Education capital expense fund for this school by Orange County as a result of a combination of bond money, installment financing, impact fees and "pay-as-you-go" CIP revenue;. and WHEREAS, it is anticipated that the third high school in the Chapel Hill-Carrboro City School District will be completed and high school students will begin attending this school when the 2006-2007 school year begins; and WHEREAS, it is in the interest of the parties to the Schools Adequate Public Facilities Memorandum of Understanding among the Town of Carrboro, the Town of Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County (hereinafter "the MOU") and to the citizens of Orange County that the Schools Adequate Public Facilities Program be implemented for the Chapel Hill-Carrboro City School District in 2003 in tandem with the implementation of the Program for the. Orange County School District; NOW, THEREFORE, the parties to this Addendum to the MOU and to the MOU hereby agree that Section 3.g. of the MOU is amended by deleting Section 3.g. and replacing it with the following: Section 3. g. The School District shall determine the amount of available capacity in each school level as of November 15`x' in the base year and each November 15th of the succeeding ten years by subtracting from the building capacity numbers for each of those years the student membership numbers for each of those years. The results shall then be compared with the number of students expected to be added to each school level as of November 15`i' in each year (as determined in accordance with subsection 3.f above). If the School District determines that the projected remaining capacity of each school level is sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in As Presented to the Chapel Hill Town Council, June 23, 2003, continued to June 25, 2003 Section 1 of this Memorandum then the School District shall issue the CAPS. If the School District determines that the projected capacity of each school level is not sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1, then the School District shall deny the CAPS. If a CAPS is denied, the applicant may seek approval from the appropriate planning jurisdiction of such modifications to the development as will allow for the issuance of a CAPS, and then reapply for a CAPS. For the period of time beginning the effective date of the ordinances referred to in Section 2 of this MOU and terminating on the day on which the third high school within the Chapel Hill-Carrboro City School District is first attended by high school students, the determination by the Chapel Hill-Carrboro City School District that adequate service levels for public schools exist shall be made without regard to whether or not school membership within the High School level exceeds 110% of Building Capacity. On and after the day on which the third high school within the Chapel Hill-Carrboro City School District is first attended by high school students, determination by the Chapel Hill-Carrboro City School District that adequate service levels for public schools exist shall be made only if school membership within each school level does not exceed the following: This the day of SEAL Attest: Town Clerk SEAL Attest: Elementary School 105% of Building Capacity Middle School 107% of Building Capacity High School 110% of Building Capacity 20_ By: TOWN OF CARRBORO Mayor TOWN OF CHAPEL HILL Mayor By: Town Clerk As Presented to the Chapel Hill Town Council, June 23, 2003, continued to June 25, 2003 SEAL THE CHAPEL HILL-CARRBORO CITY BOARD OF EDUCATION By: Chair ATTEST: Secretary SEAL Attest: ORANGE COUNTY By: Chair, Board of Commissioners Clerk to the Board of Commissioners I, Joyce A. Smith, CMC, Town Clerk of the Town of Chapel Hill, do hereby certify that the attached is a true and correct copy of Resolution 2003-02- 10/R-11 adopted by the Chapel Hill Town Council on February 10, 2003. This the 17th day of September, 2003. Joyc A. mith, CMC Town Clerk A RESOLUTION APPROVING AN ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING TO ESTABLISH AN ADEQUATE PUBLIC SCHOOL FACILITIES ORDINANCE (2003-02-10/R-11) WHEREAS, the Chapel Hill Town Council has been working with the Carrboro Board of Aldermen, the Orange County Board of Commissioners, and the Chapel Hill-Carrboro Board of Education to develop a Schools Adequate Public Facilities Ordinance; and WHEREAS, the Town Council endorsed a Memorandum of Understanding on February 8, 2002, that would establish roles and responsibilities in implementing an Adequate Public School Facilities Ordinance; and WHEREAS, the Town Council has considered a proposed addendum to the Memorandum of Understanding proposed by Carrboro (Attachment 4 in the Town Manager's February 10, 2003 Memorandum to the Town Council); NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council endorses the addendum to the Memorandum of Understanding with the condition that parallel language be added to the addendum (Section 9, Paragraph 2) indicating that all parties (Chapel Hill, Carrboro, and the School District) intend to remain committed to the agreement as long as Orange County continues to execute the Capital Improvement Program as agreed in the Memorandum of Understanding.. This the 10th day of February, 2003. I, Joyce A. Smith, CMC, Town Clerk of the Town of Chapel Hill, do hereby certify that the attached is a true and correct copy of Resolution 2002-04- 08/R-lla adopted by the Chapel Hill Town Council on Apri18, 2002. This the 17th day of September, 2003. J ce .Smith, CMC Town Clerk A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING TO ESTABLISH AN ADEQUATE PUBLIC FACILITIES ORDINANCE (2002-04-08/R-lla) WHEREAS, the Chapel Hill Town Council has been working with the Carrboro Board of Aldermen, the Orange County Board of Commissioners, and the Chapel Hill-Carrboro Board of Education to develop a Schools Adequate Public Facilities Ordinance; and WHEREAS, a committee has been established, called the Schools and Land Use Council, with representatives from each of these elected boards; and WHEREAS, the Schools and Land Use Council has developed a draft Memorandum of Understanding, dated February 8, 2002, that would establish roles and responsibilities in implementing an Adequate Public Facilities Ordinance; and WHEREAS, the Town Council has considered this proposal at a Public Hearing on February 18, 2002; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the Memorandum of Understanding as proposed. This the 8~' day of April, 2002. Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this 200_, by and between the Town of the Town of County, and the (the "School District"). day of , ,Orange WHEREAS, the portion of Orange County, served by the [Chapel HilUCarrboro] [Orange County] School System has for the past decade been experiencing rapid growth in population; and WHEREAS, this growth, and that which is anticipated, creates a demand for .additional school facilities to accommodate the children who reside within new developments; and WHEREAS, the responsibility for planning for and constructing new school facilities lies primarily with the [Chapel HilUCarrboro] [Orange County] School Board, with funding provided by Orange County; and WHEREAS, [Chapel Hill, Carrboro, Orange County and the Chapel Hill School District] [Orange County, Hillsborough, and the Orange County School District], have recognized the need to work together to ensure that new growth within the School District occurs at a pace that allows Orange County and the School District to provide adequate school facilities to serve the children within such new developments; WHEREAS, the parties have worked cooperatively and developed a system wherein school facilities are currently adequate to meet the needs of the citizens of the county and will continue to maintain a Capital Investment Plan (CIP) that is financially feasible and synchronized with historical growth patterns; NOW, THEREFORE, the parties to this Memorandum hereby agree as follows: Section 1. The parties will work cooperatively to develop a realistic Capital Improvement Plan for the construction of schools such that, from the effective date of this Memorandum, school .membership within each school level (i.e. elementary, middle or high) does not exceed the following: Elementary School 105% of Building Capacity Middle School 107% of Building Capacity High School 110% of Building Capacity a. For purposes of this Memorandum, the term "school membership" means the actual number of students attending school as of November 15 of each year. The figure is determined by considering the number of students enrolled (i.e. registered, regardless of whether a student is no longer attending school) -and making adjustments for withdrawals, dropouts, deaths, retentions and promotions. Students who are merely absent from Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 class on the date membership is determined as a result of sickness or some other temporary reason are included in school membership figures. Each year the School District shall transmit its school membership to the parties to this agreement no -later than five- (5) school days after November 15. b. For purposes of this Memorandum, "building capacity" will be determined by reference to State guidelines and the School District guidelines (consistent with CII' School Construction Guidelines/policies developed by the School District and the Board of County Commissioners) and will be determined by a joint action of the School Board and the Orange County Board of Commissioners. As used herein the term "building capacity" refers to permanent buildings. Mobile classrooms and other temporary student accommodating classroom spaces are not permanent buildings and may not be counted in determining the school districts building capacity. c. Prior to the adoption of the ordinances referenced in Section 2, the parties shall reach agreement on the following: (i) A Capital Improvement Program (CIP) that will achieve the objectives of this Memorandum; (ii) A projected growth rate for student membership within the School District's three school levels during the ten year life of the CIP; (iii) A methodology for determining the projected growth rate for student membership; and (iv) The number of students at each level expected to be generated by each new housing type (i.e., the "student generation rate"). d. After the adoption of the ordinances referenced in Section 2, the Orange County Board of Commissioners may change the projected student membership growth rate, the methodology used to determine this rate, or the student generation rate if the Board concludes that such a change is necessary to predict growth more accurately. Before making any such change, the Board shall receive and consider the recommendation of a staff committee consisting of the planning directors of the Town(s) and the County and a representative of the School District appointed by the Superintendent. The committee shall provide a copy of its recommendation to the governing boards of the other parties to this memorandum at the time it provides such recommendation to the Board of Commissioners. In making its recommendation, the committee shall consider the following, and in making its determination, the Board of Commissioners shall consider the following: Approved by Schools and Land Use Councils 11 /14/01; Draft completed by staff 2/8/02 (i) The accuracy of the methodology and projected growth rate then in use in projecting school membership for the current school year; (ii) The accuracy of the student generation rate then in use in predicting the number of students at each level actually generated by each new housing type; (iii) Approval of and issuance of CAPS for residential developments that, individually or collectively, are of sufficient magnitude to alter the previously agreed upon school membership growth projections; or (iv) Other trends and factors tending to alter the previously agreed upon projected growth rates. If any such change is made in the projected growth rate, the methodology for determining this rate, or the student generation rate, the Orange County Board of Commissioners shall inform the other parties to this Memorandum prior to February 1St in any year in which such change is intended to become effective what change was made and why it was necessary. e. The Orange County Board of Commissioners shall provide a copy of the updated CIP to each of the parties to the Memorandum as soon as it is revised, annually or otherwise. Section 2. The towns and the county will adopt amendments to their respective ordinances, in substantially the form attached hereto as Exhibit A, to coordinate the approval of residential developments within the School District with the adequacy of existing and proposed school facilities. Section 3. The following process shall be followed by the School District to receive and take action upon applications for Certificates of Adequacy of Public School Facilities ("CAPS") submitted by persons who are required by an implementing ordinance conceptually similar to that attached as Exhibit A to have such certificates before the development permission they have received from the town or county becomes effective. a. On February 15th of each year, the School District shall calculate the building capacity of each school level and the school membership of each school level as of November 15th of the previous year. Also on February 15th of each year, the School District shall calculate the anticipated school membership for each school level and the anticipated building capacity for each school level as of November 15th in each of the following ten years. These calculations shall be made in accordance with the provisions of Section 1 and also in accordance with the remaining provisions of this section. 3 Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 b. School membership calculations made on February. ISa' (utilizing the previous November 15~' data) for each of the ten years following the year in which the calculation is made (the base year) shall be determined by applying the projected school membership growth rates determined in accordance with Section 1 of this Memorandum to the actual school membership numbers of the base year. c. The school building capacity calculations shall be based upon the following: (i) A calculation of the existing building capacity within each school level; (ii) The anticipated opening date of schools under construction; (iii) The anticipated opening date of schools on the ten-year CIP for which funding has been committed by the Board of Commissioners as a result of an approved bond issue, an approved installment purchase agreement, or otherwise; and (iv) The anticipated closing dates of any schools within the School District. d. By comparing the existing and calculated school membership to the existing and calculated school building capacity each year, the School District shall determine what remaining capacity (if any) exists or is projected to exist to accommodate new development. The School District shall make that information known to the local governments within 15 days of the comparison. e. As CAPS are issued for new developments during the course of the twelve month period from February 15~' of one year to February 15~' of the next year, the School District shall continually reduce the remaining available school building capacity in each of the ensuing years wherein new students are projected to be added to the school system by the developments for which the CAPS are given during that year. £ When an application for a CAPS is submitted, the School District shall determine the impact on school membership for each school level as calculated on February 15~' in each year of the period during which the development is expected to be adding new students to the school system as the result of such new construction. In making this determination, the School District shall rely upon the figures established under Section 1 of this Memorandum as to the number of students at each level expected to be generated by each housing type, and data furnished by the applicable planning department as to the expected rate at which new dwellings within developments similar in size and type to the proposed development are Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2/8/02 likely to be occupied. Notwithstanding the foregoing, if, upon request of the applicant, the planning jurisdiction . approving the development imposes enforceable conditions upon the development (such as a phasing schedule) to limit the rate at which new dwellings within the development are expected to be occupied, then the School District shall take such limitations into account in determining the impact of the development on school membership. g. If the School District determines that the projected capacity of each school level is sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1 of this Memorandum, then the School District shall issue the CAPS. If the School District determines that the projected capacity of each school level is not sufficient to accommodate the proposed development without exceeding the building capacity levels set forth in Section 1, then the School District shall deny the CAPS. If a CAPS is denied, the applicant may seek approval from the appropriate planning jurisdiction of such modifications to the development as will allow for the issuance of a CAPS, and then reapply for a CAPS. h. The School District shall issue CAPS on a "first come first served" basis, according to the date a completed application for a CAPS is received. If projected building capacity is not available and an application for a CAPS is therefore denied, the development retains its priority in line based upon the CAPS application date. Section 4. A CAPS issued in connection with approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or special use permit shall expire automatically upon the expiration of such plat, plan, or permit approval. Section 5. The towns and the county will provide to the School District all information reasonably requested by the School District to assist the District in making its determination as to whether the CAPS should be issued. Section 6. The School District will use its best efforts to construct new schools and perrnanent expansions or additions to existing schools in accordance with the CIP. Section 7. Orange County will use its best efforts to provide the funding to carry out the Capital Improvement Plan referenced in Section 1 above. Section 8. In recognition of the fact that some new development will have a negligible impact on school capacity, a CAPS shall not be required under the following circumstances: a. For residential developments restricted by law and/or covenant for a period of at least thirty years to housing for the elderly and/or adult care living and/or adult special needs; Approved by Schools and Land Use Councils 11/14/01; Draft completed by staff 2!8/02 b. For residential developments restricted for a period of at least thirty years to dormitory housing for university students. If the use of a development restricted as provided above changes, then before a permit authorizing such change of use becomes effective, a CAPS must be issued just as if the development were being constructed initially. Section 9. The parties acknowledge that this Memorandum of Understanding is not intended to and does not create legally binding obligations on any of the parties to act in accordance with its provisions. Rather, it constitutes a good faith statement of the intent of the parties to cooperate in a manner designed to meet the mutual objective of all the parties that the children who reside within the School District are able to attend school levels that satisfy the level of service standards set forth herein. TOWN OF CARRBORO NORTH CAROLINA WWW.TOWNOFCARRBORO.ORG The following resolution was introduced by Alderman John Herrera and seconded by Alderman Diana McDuffee. A RESOLUTION ADOPTING THE ADEQUATE PUBLIC SCHOOL FACILITIES MEMORANDUM OF UNDERSTANDING AND THE ADDENDUM TO THE SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING Resolution No. 199/2002-03 WHEREAS, the Town of Carrboro, through its representation on the Orange County Schools and Land Use Council, has been working cooperatively with the Town of Chapel Hill, the Town of Hillsborough, Orange County, the Chapel HilUCarrboro School District and the Orange County School District to create a policy and an ordinance that will promote a balance among anticipated student enrollment and school capacity; WHEREAS, adequate schools support the high quality of education that serves as a linchpin to the quality of life throughout Orange County; WHEREAS, the Attorneys/Planning Directors/School Administrators (APS) Work Group as requested by the Orange County Schools and Land Use Council, worked over the past several years to develop an Adequate Public School Facilities Memorandum of Understanding and Ordinance; WHEREAS, the Orange County Schools and Land Use Council has unanimously recommended approval of an Adequate Public School Facilities Memorandum of Understanding and model Ordinance; WHEREAS, school membership within the high school level in the Chapel Hill-Carrboro City School District for the 2004-2005 school year is projected to exceed 110% of building capacity; and WHEREAS, it is anticipated that the third high school in the Chapel Hill-Carrboro City School District will be completed and high school students will begin attending this school when the 2006-2007 school year begins; and WHEREAS, the Addendum to the MOU allows the Chapel Hill-Carrboro City School District to issue CAPS without regard to the 110% capacity limitation until high school students begin attending high school number three. NOW, THEREFORE, BE IT RESOLVED by the Carrboro Board of Aldermen that: 301 WEST MAIN STREET, CARRBORO, NC 27510 (919) 942-8541 • FAX (919) 918-4456 • TDD (800) 826-7653 AN EQUAL OPPORTUNITY PROVIDER Page 2 Town of Carrboro Resolution No. 199/2002-03 1. The SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING and the ADDENDUM TO SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING are hereby adopted, as amended; and 2. The Mayor is hereby authorized to sign the "Schools Adequate Public Facilities Memorandum of Understanding" and the "Addendum to Schools Adequate Public Facilities Memorandum of Understanding", as amended. The foregoing resolution having been submitted to a vote, received the following vote and was duly adopted this 24th day of June, 2003: Ayes: Joal Hall Broun, John Herrera, Diana McDuffee, Michael Nelson, Alex Zaffron Noes: Mark Dorosin, Jacquelyn Gist Absent or Excused: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of Aldermen at its meeting on June 24, 2003. ```\\\\\\``~~~~nsG ~r~~~8 //// `~~~...,,...a.,.o.. ,~ i`~;\a~ORpp,~~4Tfi0 ?O ~% Town Clerk X911 - comprehensive land use plan. Part of the update will include this area. He thinks we should be careful about the wording. He feels confident that the Board will get to it in an appropriate manner. Chair Brown said that the uses are not good for a school district and they need to be updated. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to 1) approve the option purchase price of $38,505 for option to purchase agreements to be executed between the Orange County Schools and the respective property owners for the parcels comprising the proposed site of the third OCS middle school; and 2) adopt the attached OCS Middle. School #3 Capital Project Ordinance. VOTE: UNANIMOUS c. Schools Adequate Public Facilities Memorandum of Understanding and Ordinance The Board considered adoption of the revised Schools Adequate Public Facilities Memoranda of Understandings (MOU's) and ordinance. Two MOU agreements are attached - one pertaining to the Chapel Hill -Carrboro School District (CHCCD), and one pertaining to the Orange County School District (OCSD). Craig Benedict said that tonight's purpose is to approve the MOU for both school districts and also to approve the Subdivision and Zoning Ordinances within Orange County. The Board approved a version of this last December and since then there have been two primary changes to it. One of them had to do with suspending the certificate of adequate public schools for the CHCCS high school and the OCS middle school, and to clarify the difference between the projections used within the SAPFO program. The-last change was to make sure the certification process is updated. He then reviewed when each party had voted or will vote on this item. Regarding the Administration's recommendation, they did not set a date when ordinances were to take effect in Orange County.. The County Attorney provided a letter in the agenda package that explains his position on this. Geof Gledhill said that the effective date of the ordinance should be when all of the governments involved in SAPFO sign off on the MOU. He referred to his letter. The reason is because SAPFO is a cutting edge thing in the state and he foresees problems for Orange County when one school system is operating under this and one is not. He recommends implementing the SAPFO in both school districts at the same time. Commissioner Jacobs asked about the actions of the governments that have voted. Craig Benedict said that both Chapel Hill and Carrboro approved the SAPFO. Commissioner Gordon said that she went over the ordinance and that there were a couple of versions of this for approval. She was concerned in the transformation that a couple of things slipped -the definition of membership and building capacity and the ability of the County Commissioners to look at the calculations and certify. She asked which versions were approved. Craig Benedict said that the CHCCS had the first version when they approved it and he has sent them one with corrections, which were minor. Geof Gledhill said that Chapel Hill and Carrboro adopted the revised versions. The CHCCS Board will have to see it again. A motion was made by Commissioner Gordon, seconded by Chair Brown to approve the respective Memoranda of Understanding for the Chapel Hill-Carrboro School District and Orange County School District and adopt the ordinance necessary to implement Schools APFO with an effective date as the Board decides. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs (if the County Attorney finds if consistent with his recommendation) to make the effective date August 15tH Geof Gledhill does not find that date consistent with his recommendation. The motion failed. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to make the effective date at which all of the jurisdictions and parties have approved it. VOTE: UNANIMOUS d. Legal Advertisement for August 25, 2003 Quarterly Public Hearing The Board considered authorization to submit the Quarterly Public Hearing Legal Advertisement for publication for the August 25, 2003 quarterly public hearing. Craig Benedict explained the two primary issues in the abstract - a special use process and creating overlay districts and the Buckhorn EDD. On August 19tH, prior to the regularly scheduled meeting, there is consideration of a work session to discuss the issues on the agenda. Commissioner Jacobs asked about the first item and the derivation of the notion that the Planning Board would approve subdivisions without the County Commissioners' approval. Craig Benedict said that this is an incentive that the Planning Board could approve up to 6-12 lots. This is a discussion point. Commissioner Jacobs asked if the intent was that we are encouraging smaller subdivisions, which seems to be the antithesis of what a planner would want. Craig Benedict said smaller subdivisions are better in rural areas and then larger subdivisions in urban growth areas. Chair Brown asked if anything on this for the public hearing could be eliminated and Geof Gledhill said that it is possible that the notice will be out there and then things could be deleted on the 19tH Commissioner Gordon agreed with Commissioner Jacobs about the 6-12 lots approval by the Planning Board. She said that if the Board is not interested in this, it should not be advertised. Commissioner Jacobs said that if it can be deleted, he is open to talking about it. A motion was made by Commissioner Gordon, seconded by Chair Brown to change the public hearing notice to say, "6-12 lots approved by the Planning Board and/or the Commissioners" and under major subdivisions, "6-20 lots approved by the Planning Board and/or the Commissioners." VOTE: Ayes, 2 (Chair Brown and Commissioner Gordon); Nays, 3 (Commissioner Halkiotis, Commissioner Jacobs, and Commissioner Carey) A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve the public hearing legal advertisement for item 1 -Orange County Zoning and Subdivision Ordinance Text Amendments - as written. VOTE: UNANIMOUS A motion was made by Commissioner Gordon added to number 2, to change the I-85 Buckhorn Area EDD from primary development area to secondary development area in a specific portion south of I-85/I-40. There was no second, so the motion failed. A motion was made by Chair Brown, seconded by Commissioner Jacobs to approve item 2 -Amend the text of Article 6.29.3 of the Zoning Ordinance (Economic Development Districts Design Manual) to make the changes as specified in the agenda abstract -with the addition that the Board consider all of the permitted uses in this district. This would be added as 2-c. Geof Gledhill said that you need to make notice that you may delete uses. It should say, "The following uses may be deleted:" and then the. uses would be listed. VOTE: Ayes, 4; Nay, 1 (Commissioner Gordon -she thinks the secondary development area should be another option) e. Appointments (1) Alcoholic Beverage Control Board (ABC Board) -Appointment(s) The Board considered appointment(s) to the Alcoholic Beverage Control Board and considered designating a member of the ABC Board as its chair. A motion was made by Chair Brown, seconded by Commissioner Jacobs to appoint Melvin Hurston, with the condition that he would resign from one of the other boards on which he currently serves to be in compliance with the County Commissioners' rules on serving on only two boards at once. VOTE: UNANIMOUS A motion was made by Chair Brown, seconded by Commissioner Halkiotis to appoint Thomas Heffner. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to appoint Thomas Heffner as Chair of the Alcoholic Beverage Control Board. VOTE: UNANIMOUS (2) Alcoholic Beverage Control Board (ABC Board) -Reappointment The Board considered the reappointment of one member to the Alcoholic Beverage Control Board (ABC Board). A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to appoint Leslie Johns for a term to expire June 30, 2006. Commissioner Gordon said that if we do this it means that we do not do the reappointment. VOTE: Ayes, 2; Nays, 3 (Commissioner Halkiotis, Commissioner Jacobs and Chair Brown) The motion failed. A motion was made by Commissioner Jacobs, seconded by Chair Brown to reappoint Janet Cain for a term to expire June 30, 2006. VOTE: Ayes, 3; Nays, 2 (Commissioner Gordon and Commissioner Carey) Janet Cain was reappointed. (3) Hillsborough Planning Board