HomeMy WebLinkAbout2003 NS Manager - CHCCS -Proposed Addenda to Interlocal Agreement on CHCCS High School #34
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 9, 2003
Action Agenda
Item No. ~,_
SUBJECT: Proposed Addenda to the Interlocal Agreement on CHCCS High School #3
DEPARTMENT: County Commissioners/ PUBLIC HEARING: (Y/N) No
Manager/Attorney/Planning
ATTACHMENT(S):
.August 2003 Interlocal Agreement
Revised Proposed Addenda A and B
Report and Background Documents on
Smart Growth Principles
(under separate cover)
INFORMATION CONTACT:
Barry Jacobs or Margaret Brown, 245-2125
John Link, 245-2300
Geof Gledhill, 732-2196
Craig Benedict, 245-2592
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider approval of two addenda to the interlocal agreement that became
effective on August 7, 2003 regarding the planned third Chapel Hill-Carrboro City Schools
(CHCCS) high school
BACKGROUND: On June 23, 2003, the Board of Commissioners approved an interlocal
agreement between the County and. CHCCS that established the anticipated budget and other
considerations related to the project to design and build a third high school in the Chapel Hill-
Carrboro system. The BOCC determined that they would provide $27.8 million in capital
funding for this project. The original agreement provided that CHCCS would be responsible to
fund, in a manner not requiring Orange County to incur additional debt, any amount by which
the overall high school #3 project cost should exceed the $27.8 million budget (the original
agreement did not include subsequently proposed addenda A and B described below)*. The
BOCC also indicated that they would provide an additional $2.2 million if CHCCS provided the
BOCC with a satisfactory proposal `for a design of CHCCS high school #3 that promotes smart-
growth, which design addresses `reduced parking, ~reducedJ land disturbance, and other
deleterious aspects of current plans": On August 7, 2003, Chapel Hill-Carrboro Board of
Education likewise approved the agreement.
*In conjunction with its approval of the interlocal agreement, the Board of Education proposed
two addenda that they believed would help clarify the intent and scope of the interlocal
agreement. The County Commissioners considered the proposed addenda at their regular
meeting on August 19, 2003, but refrained from taking action at that time pending requested
modifications to both.
The County Attorney and staff have followed up on BOCC questions and comments about
Addendum A, and present a revised version with this abstract for the Board's consideration at
this December 9 meeting.
A revised version of Addendum B (which relates to the "smart growth" criteria) is with this
abstract also for the Board of Commissioners' action. An ad hoc advisory group (including
representatives of the County, CHCCS, Towns of Carrboro and Chapel Hill, NCDOT, smart
growth professionals, etc) has met on four occasions since August 2003 to discuss both
conceptual and specific "smart growth" measures that might be pursued with regard to the third
high school, especially in light of its planned location at Rock Haven Road, near the intersection
of Culbreth and Smith Level Roads. The revised version of Addendum B captures smart growth
provisions that are recommended by Commissioners Brown and Jacobs following the work to
date of the ad hoc committee.
Staff has compiled (under separate cover) a variety of background materials that are a product
of various discussions regarding the Smart Growth Task Force for Chapel Hill-Carrboro City
Schools' High School #3. The preamble to the suggested smart growth activities offers some
context to the reason for the initiatives. This report was discussed at the October 30 meeting
with task force members. Portions of this report have been incorporated into Addendum B to
the Interlocal Agreement. Other remaining ideas can be explored independent of the interlocal
agreement, so they have been offered as other smart growth pursuits. The report in its entirety
also frames the comprehensive approach to smart growth and its various facets from health and
education to onsite building construction and offsite transportation enhancements.
FINANCIAL IMPACT: There is no financial impact associated directly with the discussion of
this item. However, as noted above and in accordance with the interlocal agreement approved
by both governing boards, the high school #3 capital project budget will be increased by up to
$2.2 million if the BOCC indicates its satisfaction that the project reflects the "smart growth"
planning principles contained in Addendum B.
RECOMMENDATION(S): The Manager recommends that the Board approve the revised
Addenda to the interlocal agreement, and provide appropriate direction to staff regarding how to
proceed with CHCCS to incorporate smart growth provisions into the CHCCS third high school
project.
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NORTH CAROLINA
ORANGE COUNTY
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT, made and entered into this
day of 2003 and effective as of the day of
2003, by and between the CHAPEL HILL-CARRBORO CITY
BOARD OF EDUCATION, a body politic of the State of North
Carolina, hereinafter called the "BOARD OF EDUCATION," and
ORANGE COUNTY, a body politic and corporate of the State. of
North Carolina, hereinafter called the "BOARD OF COMMISSIONERS,"
to memorialize an agreement between the parties regarding
approval by the BOARD OF COMMISSIONERS of the amount to be spent
by the BOARD OF EDUCATION for the site of the third high school
in the Chapel Hill-Carrboro City School District, hereinafter
called CHCCS high school #3, and regarding amounts to be
appropriated by the BOARD OF COMMISSIONERS to the capital outlay
fund of the BOARD OF EDUCATION for CHCCS high school #3;
W I T N E S S E T H:
WHEREAS, the BOARD OF EDUCATION exercises the statutory
authority to administer the Chapel Hill-Carrboro City School
System, and the BOARD OF COMMISSIONERS exercises the statutory
duty to provide certain school funding to the BOARD OF
EDUCATION; and
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WHEREAS, both the BOARD OF EDUCATION and the BOARD OF
COMMISSIONERS agree that investment in public education is a
priority of both boards and essential. to the educational,
cultural and general development of the community and to its
quality of life; and
WHEREAS, aggressive capital spending, coupled with high
annual per-pupil allocations, placed Orange County at the
forefront of "actual effort" in school spending in North
Carolina every year since 1997 and in the top five annually
since 1990, according to the N.C. Public School Forum; and
WHEREAS, the. impending implementation of the Schools
Adequate Public Facilities program in Orange County, hereinafter
called "SAPFO," makes providing timely capacity in the Chapel
Hill-Carrboro School District high school level a heightened
priority; and
WHEREAS, consideration of Chapel Hill-Carrboro School
District high school level capacity in the initial
implementation of SAPFO will be suspended until CHCCS high
school #3 is available for student enrollment; and
WHEREAS, the two boards recognize that disputes regarding
the amount to be spent on CHCCS high school #3, as well as the
amount to be appropriated by the BOARD OF COMMISSIONERS to the
capital outlay fund of the BOARD OF EDUCATION, have the
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potential to delay the opening of CHCCS high school #3 and
should be avoided; and
WHEREAS, the BOARD OF COMMISSIONERS in cooperation with the
BOARD OF EDUCATION and the Orange County Board of Education has
adopted School Construction Standards, hereinafter called "the
Standards," for each public school level, elementary, middle and
high; and
WHEREAS, the BOARD OF EDUCATION, on June 19, 2003, adopted
resolutions in support of its decision to locate CHCCS high
school #3 on a site abutting Rock Haven, Ray and Smith Level
Roads south of Chapel Hill and Carrboro and in Carrboro's
planning jurisdiction; and
WHEREAS, by the June 19, 2003 resolutions, the BOARD OF
EDUCATION requested the BOARD OF COMMISSIONERS approve the
purchase by the BOARD OF EDUCATION of certain identified
properties for a total appraised value of $2,535,700 and further
requested permission from the BOARD OF COMMISSIONERS for the
BOARD OF EDUCATION to exercise the BOARD OF EDUCATION's
statutory authority to acquire the identified parcels by the
exercise of eminent domain; and
WHEREAS, by the June 19, 2003 resolutions, the BOARD OF
EDUCATION requested the BOARD OF COMMISSIONERS approve a capital
project ordinance for CHCCS high school #3 to include $2,535,700.
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for land acquisition and $234,375 for planning fees through
schematic design; and
WHEREAS, the BOARD OF EDUCATION resolved, in the June 19,
2003 resolutions, that it would not request from the BOARD OF
COMMISSIONERS "funding for the acquisition of land for the
[CHCCS high school #3] project over and above the appraised
value that would increase the debt of the County;" and
WHEREAS, the BOARD OF EDUCATION does not have a contract
for the purchase of any of the identified properties necessary;
and
WHEREAS, .the process of acquiring property by eminent
domain does .not permit a determination at the time it is
exercised of the total cost of the properties condemned, rather
the total cost of the properties condemned may not be known for
years after the property is acquired, occupied and in use by the
condemning authority; and
WHEREAS, site design consultants of the BOARD OF EDUCATION
advised the BOARD OF EDUCATION. that the construction of CHCCS
high school #3 on the identified parcels presents certain design
issues including the likelihood that the considerable rock
located on one or more of the identified parcels adds
uncertainty to the development costs of CHCCS high school #3;
and
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WHEREAS, the BOARD OF COMMISSIONERS endorses neither the
site selected for CHCCS high school #3 nor the acquisition by
eminent domain of the parcels of land that will make up the
site, however, the BOARD OF COMMISSIONERS acknowledges that the
BOARD OF EDUCATION is within its statutory power to acquire the
properties it has selected for the siting of CHCCS high school
#3 and to do so by the exercise of eminent domain; and
WHEREAS, the amount of funding identified by the BOARD OF
COMMISSIONERS for CHCCS high school #3 is $27,800,000; and
WHEREAS, no concept plan for CHCCS high school #3 has yet
been presented by the BOARD OF EDUCATION to the BOARD OF
COMMISSIONERS with a projected cost of $27,8.00,000; and
WHEREAS, the BOARD OF COMMISSIONERS on June 16, 2003, in
the context of a proposal by the BOARD OF EDUCATION for the
approval of approximately $33,870,000 in funding for CHCCS high
school #3, approved a request that the BOARD OF EDUCATION
consider a number of options for meeting student capacity at the
high school level for students residing in the Chapel Hill-
Carrboro City School District; and
WHEREAS, in that June 16, 2003 action, the BOARD OF
COMMISSIONERS offered, "in order to promote creative thinking
and a sounder example for young people" to approve an
appropriation to the BOARD OF EDUCATION's capital expense fund
$2,200,000 more than $27,800,000 for CHCCS high school #3,
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provided the BOARD OF COMMISSIONERS is satisfied with a proposal
that can be made by the BOARD OF EDUCATION for a design of CHCCS
high school #3 that promotes smart-growth, which design
addresses "reduced parking, [reduced] land disturbance, and
other deleterious aspects of current plans;" and
WHEREAS, after careful consideration of all of the
uncertainties and circumstances surrounding CHCCS high school
#3, the only reasonable way for the BOARD OF COMMISSIONERS to
give funding authorization necessary for CHCCS high school #3 is
to do so holistically; and
WHEREAS, the BOARD OF COMMISSIONERS has held public
hearings on the use of $12,800,000 for CHCCS high school #3,
which money was originally programmed for a tenth elementary
school in the Chapel Hill-Carrboro City School District in the
2001 bond program, and on the BOARD OF .EDUCATION selected
location of CHCCS high school #3; and
WHEREAS, the BOARD OF COMMISSIONERS .and the BOARD OF
EDUCATION have approved a funding mechanism to fund CHCCS high
school #3; and
WHEREAS, the BOARD OF COMMISSIONERS and the BOARD OF
EDUCATION desire to enter into this Interlocal Agreement to set
forth the respective .undertakings. and responsibility of each
party; and
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WHEREAS, the BOARD OF COMMISSIONERS and the BOARD OF
EDUCATION have each approved this Interlocal Agreement and have
caused such approval to be reflected in the respective minutes
of each governing board.
NOW THEREFORE, pursuant to North Carolina General Statute
§§ 160A-461 and 115C-431, the BOARD OF EDUCATION and the BOARD
OF COMMISSIONERS agree as follows:
1. THE PURPOSE: The parties enter into this .Interlocal
Agreement to establish a funding mechanism: (1) for the purchase
by the BOARD OF EDUCATION by eminent domain or otherwise of
properties which together have been identified by the BOARD OF
EDUCATION as its choice for the site for CHCCS high school #3,
and (2) for the appropriation from the BOARD OF COMMISSIONERS to
the BOARD OF EDUCATION's school capital expense fund of .the
funds for the completion of CHCCS high school #3. The recitals
set forth above are incorporated by reference as if fully set
forth herein.
2. The BOARD OF COMMISSIONERS agrees to appropriate the
funds necessary for the purchase by condemnation or otherwise of
the properties identified at the estimated costs identified as
follows:
Appraised
Parcels Acreage Values
Glover property 49.5 $1,658,700
Fisher property 10.6 551,000
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Minton property 3.6 326,000
Total 63.72 $2,535,700
3. The BOARD OF COMMISSIONERS agrees to appropriate a
total of $27,800,000 for the total of all of the elements
contained in the Standards for CHCCS high school #3 with funding
from bonds (approved for CHCCS elementary school #10), impact
fees and alternative financing.
4. Any amount by which the total cost of CHCCS high
school #3 exceeds $27,800,000 will be paid for by BOARD OF
EDUCATION pay-as-you-go CIP revenue not requiring the BOARD OF
COMMISSIONERS to incur debt.
5. In consideration and subject to the BOARD OF
COMMISSIONERS complying with the terms hereof, the BOARD OF
EDUCATION irrevocably waives and relinquishes its right to
initiate and pursue any statutory or judicial process to appeal,..
mediate, arbitrate or otherwise resolve any dispute between the
boards regarding the amount approved by the BOARD OF
COMMISSIONERS for the acquisition of the site for CHCCS high
school #3, the amount appropriated now and in the future by the
BOARD OF COMMISSIONERS to the BOARD OF EDUCATION's school
capital expense fund for CHCCS high school #3 and as this
appropriation may impact the total appropriations now and in the
future from the BOARD OF COMMISSIONERS to the BOARD OF
EDUCATION'S school capital expense fund.
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6. The term of this Interlocal Agreement shall be, and
its provisions shall govern appropriations from the BOARD OF
COMMISSIONERS to the BOARD OF EDUCATION for CHCCS high school.#3
land acquisition and the BOARD OF EDUCATION'S capital expense
fund for the parties fiscal years from July 1, 2003 through the
year in which the BOARD OF EDUCATION's pay-as-you-go CIP revenue
pays off any amount by which the total cost of CHCCS high school
#3 exceeds $27,800,000 as identified in paragraph number 4 of
this agreement.
7. This agreement does not impact the CIP funding now and
in the future related to other mutually agreed-upon school needs
of the BOARD OF EDUCATION except to the extent that those, school
needs require pay-as-you-go CIP funding committed to CHCCS high
school #3 as provided for in this agreement.
8. The BOARD OF COMMISSIONERS agrees to approve, by
capital project ordinance, an appropriation to the capital
expense fund of the BOARD OF EDUCATION of $2,200.,000 more than
$27,800,000 for CHCCS high school #3, provided the BOARD OF
COMMISSIONERS is satisfied with a BOARD OF EDUCATION proposed
design of CHCCS high school #3 that promotes smart-growth, which
design addresses reduced parking, reduced land disturbance and
other deleterious aspects of the. previously reviewed plan for
the construction and site development of CHCCS high school #3.
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9. The parties may only amend this agreement by a written
agreement approved by both boards and signed by their respective
duly authorized representatives.
IN WITNESS WHEREOF the BOARD OF EDUCATION and the BOARD OF
COMMISSIONERS have caused their duly authorized officials to
execute this agreement the day and year first above written,
pursuant to authority duly given and as their respective acts,
intending to be bound thereby.
ATTEST: /I
B -' ~ .~ ',
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Neil G. Pedersen,
Superintendent
ATTEST:
By:
Donna S. Baker, Clerk
CHAPEL HILL-CARRBORO CITY
BOARD OF EDUCATION
By : 6~~
Valerie Foushee, Chair
Board of Education
ORANGE COUNTY
By:
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Margaret Brown, Chair
Board of Commissioners
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NORTH CAROLINA
ORANGE COUNTY
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INTERLOCAL AGREEMENT ADDENDUM "A"
THIS INTERLOCAL AGREEMENT ADDENDUM "A," made and entered
into this day of 2003 and effective as of the
day of 2003, by and between the CHAPEL HILL-
CARRBORO CITY BOARD OF EDUCATION, a body politic of the State of
North Carolina, hereinafter called the "BOARD OF EDUCATION," and
ORANGE COUNTY, a body politic and corporate of the State of
North Carolina, hereinafter called the "BOARD OF COMMISSIONERS,"
to clarify the scope of and define terms in the INTERLOCAL
AGREEMENT between the parties regarding approval by the BOARD OF
COMMISSIONERS of the amount to be spent by the BOARD OF
EDUCATION for the site of the third high school in the Chapel
Hill-Carrboro City School District, hereinafter called CHCCS
high school #3, and regarding amounts to be appropriated by the
BOARD OF COMMISSIONERS to the capital outlay fund of the BOARD
OF EDUCATION for CHCCS high school #3.
NOW THEREFORE, pursuant to North Carolina General Statute
§§ 160A-461 and 115C-431, the BOARD OF EDUCATION and the BOARD
OF COMMISSIONERS further agree as follows:
1. Except as provided in this Addendum, the INTERLOCAL
AGREEMENT pertains only to the initial phase of CHCCS high
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school #3. The initial phase (Phase I) will have a classroom
capacity for 800 students with facilities and facilities
capacity generally as detailed on the Moseley Wilkins & Wood
CHCCS high school #3 "Phased Project Summary" which is Exhibit A
hereto. The funding and construction of the subsequent phase
(Phase II) of CHCCS high school #3 is not, except as described
here, a part of the INTERLOCAL AGREEMENT or this Addendum. It is
anticipated that Phase II will include additional classroom
capacity for 400 students, with additional facilities generally
as detailed in Exhibit A. In the event there is a smart growth
additional appropriation as described in paragraph 4 of this
Addendum and paragraph 8 of the INTERLOCAL AGREEMENT, Phase II
will be planned, designed and constructed consistent with the
smart growth additional appropriation.
2. The funding allocation recited in Paragraph 2 of the
INTERLOCAL AGREEMENT constitutes the .BOARD OF COMMISSIONERS'
approval of the amount to be spent for the site as required by
N.C. Gen. Stat. § 115C-426(f);.
3. The BOARD OF COMMISSIONERS and the BOARD OF EDUCATION
are involved in a process designed to result in a list of
objective smart-growth principles for CHCCS high school #3 which
process is designed to allow construction of the initial phase
of CHCCS high school #3 to begin in a timely manner; and
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4. If the BOARD OF EDUCATION's design and plans for Phase
I of CHCCS high school #3 meet said smart-growth principles, the
BOARD OF COMMISSIONERS agrees to approve, by capital project
ordinance, an additional appropriation to the capital expense
fund of the BOARD OF EDUCATION of $2,200,000 more than
$27,800,000 for CHCCS high school #3. This appropriation shall
be derived from newly-identified funding sources rather than
funds already dedicated to BOARD OF EDUCATION projects, and
shall not require debt service by the BOARD OF EDUCATION. This
funding shall be provided through additional County debt of up
to $2.2 million through a form of alternative financing.
IN WITNESS WHEREOF the BOARD OF EDUCATION and the BOARD OF
COMMISSIONERS have caused their duly authorized officials to
execute this agreement the day and year first above written,
pursuant to authority duly given and as their respective acts,
intending to be bound thereby.
CHAPEL HILL-CARRBORO CITY
BOARD OF EDUCATION
ATTEST:
By.
Neil G. Pedersen,
Superintendent
By:
Elizabeth .Carter, Chair
Board of Education
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• ORANGE COUNTY
ATTEST:
By.
Donna S. Baker, Clerk
By:
Barry Jacobs, Chair
Board of Commissioners
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