HomeMy WebLinkAboutAgenda 09-24-2001 - 4 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 24, 2001
Action Agenda
Item No. 4
SUBJECT: County/OCS/CHCCS Informational Reports
DEPARTMENT: Budget/Planning PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
As listed in "Background" Donna Dean, ext 2151
Craig Benedict, ext 2592
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To receive reports from staff regarding several school related issues.
BACKGROUND: This portion of the meeting provides an opportunity for the three elected
boards to receive updates on the topics noted below. As time permits, the Boards may wish to
discuss some or all of these topics, and to identify any points that staffs may need to research
and bring back as the subject of subsequent reports.
a. Approved 2001-02 School Budgets
Attachment 4a — 1 Comparison of CHCCS Requested to Approved Budget
Attachment 4a — 2 Comparison of OCS Requested to Approved Budget
(To be Provided at the Meeting)
b. CIP Revenue Update
Attachment 4b 9121101 Memo from Budget Director
c. 10th Day/20th Day Student Population/Membership
Attachment 4c— 1 OCS Student Membership Tables
Attachment 4c— 2 CHCCS Student Membership Tables
d. Review of Schools Adequate Public Facilities Ordinance & Levels of Service
Attachment 4d— 1 9120101 Memo from Planning Director on Schools APFO
Attachment 4d- 2 914101 Letter to Orange Community Housing
2
Attachment 4d- 3 Proposed Adequate Public Facilities Ordinance
Attachment 4d - 4 Schools Adequate Public Facilities Memorandum of Understanding
Attachment 4d- 5 Projections Flow Chart
Attachment 4d - 6 CAPS Allocation Fact Sheet
FINANCIAL IMPACT: There is no financial impact tied directly to the review/discussion at this
meeting of these reports. However, any discussion is likely to influence future school operating
and capital budgets.
RECOMMENDATION(S): The Manager recommends that the boards receive the reports for
information only.
s g
Chapel Hill Carrboro City Schools
Current Expense Appropriation
FY 2001-02
Total Local Funds Total Per Pupil
General Fund Proceeds from the Received by CHCCS Equivalent(including
Average Daily Current Expense CHCCS Special (General Fund and General Fund and
Per Pupil Allocation(General Fund Only)i'i Membership' Appropriation District Tax Special District Taxes) Special District Taxes)
00-01 Approved Appropriation $2,395 9,470 $22,680,650 $10,584,593 $33,265,243 $34513
01-02 District Requested Appropriation $2,617 10,180 $26,636,590 $11,514,025 $38,150,615 $3,748
01-02 Manager Recommended Appropriation $2,437 10,180 $24,808,660 $11,635,859 1 $36,444,519 $3,580
01-02 BOCC Approved Appropriation $2,437 10,180 $24,808,660 $11,635,859 $36,444,519 $3,580
Total Approved Increase Current Expense(General
Fund Only) ti42 710
(1)CHCCS also receives additional operating funds from
the special district tax. •m projected by State DPI
Local Revenue
2001-02
2000-01 BOE BOE
Approved Requested
Budget Budget BOE Approved
Property Tax
A General Fund Budget(Supported by Ad Valorem
Tax Revenue) 22,680,650 26,636,590 24,808,660
B District Tax Revenue 10,093,228 11,514,025 11,635,859
Total Property Tax $ 32,773,878 $ 38,150,615 $ 36,444,519
Other Local Revenue
D Appropriated Fund Balance 900,000 900,000 1,513,123
F Additional Prior Year Revenue from Special District Tax 107,000 107,000 90,000
G Fines&Forfeitures 300,000 300,000 300,000
H Miscellaneous Revenue 53,000 53,000 59,662
1 Indirect Costs 63,000 63,000 63,000
J Investment Income 290,000 300,000 300,000
K Tuition 375,000 479,500 508,500
L State Inventory Tax 62,000 70,000 70,000
M Sales Tax Refunds 100,000 100,000 260,000
Total Local Revenue Adjustments $ 2,250,000 1$ 2,372,5001$ 3,164,285
° Total Local Revenues I $ 35,023,878 $ 40,523,115 $ 39,608,804
P increase from 2000-01 $ 5,499,237 $ 4,584,926
f
Chapel HWPCarrboro Schools 812011 1
How CHCCS Appropriated the Revenue Increase
Mandates
BOE Request BOE Approved
1 Teacher &Principal Salary Increase (3%included in BOE
request;approved BOE budget provided for 2.86%;at this
time,the State has not approved pay plans or budget) 348,905 348,905
2 Other Salary Increases(in accordance with current
information from State budget office,approved BOE budget
provides for$625 increase per non-teacher/rinci)al position) 149,846 125,000
3 Social Security Increase 3%) 38,154 36,300
Health Insurance Increase(30%increase
4 included in BOE requests from$2,256 per
employee to$2,933 per employee) 399,430 399,430
5 State Retirement Increase(BOE request
included increase from 7.13%to 8.01%) 206,052 = 0
5 Utility Rate Increase 270,869 270,869
7 Postage Increase 1,740 1,740
9 Total Funding for Mandates $ 1,414,996 $ 1,182,244
Start-Up Costs for New or Renovated Facilities
BOE Request BOE Approved
Smith Middle School
Personnel Costs FTE
9 Principal 1.00 State Funded State Funded
10 Principal Supplement 19,560 19,560
11 Assistant Principal 1.00 State Funded State Funded
12 Assistant Principal Supplement 8,857 8,857
13 Classroom Teachers 29.80 Regular Allotment Regular Allotment
14 Workforce Development 2.00 State Funded State Funded
15
Academical) Gifted AGYResource/Enrichment 1.00 53,268 53,268
16 Reading Teacher 2.00 106,536 106,536
17 Guidance Counselor 2.00 State Funded State Funded
18 Family Specialist 1.00 State Funded State Funded
19 Media Specialist 1.00 53,268 53,268
20 Technology Specialist 0.50 26,634 26,634
21 Nurse(system allocated) 1.00 53,265 53,268
22 Exceptional Education Resource 2.00 106,536 106,536
23 Speech/Language Pathologist 1.00 53,268 53,268
24 ESL 1.00 53,268 53,268
25 In School Suspension/Behavior Specialist 1.00 53,268 53,268
Self Cont:Learning Disabled/Mental
28 Health/Behaviorally Emotionally Handicapped 2.00 106,536 106,536
27 Program Facilitator 0.50 26,634 26,634
28 AVID/Minority EnrichmenUCIS 0.50 26,634 26,634
29 Administrative AssistantlSecretary 5.00 180,248 180,248
30 Media Assistant 1.00 24,856 24,856
31 Teacher Assistant 4.00 Regular Allotment Regular Allotment
32 S ecial Education/EESS 3.00 74,568 74,568
33 Custodian 7.0 192,256 192,256
34 Total Smith Middle School Personnel Costs
(Annual) 70.30 1,219,46J 1,219,46
Page-2
Chapel Hill-CeMwro Schools 912012001
BOE Request BOE Approved
35 Operating Costs
36 Coaching/Co-curricular Stipends 61,000 61,000
37 Extra Duty Pay/Lead Teacher 5,392 5,392
38 Safe SchoolsNiolence Prevention 13,000 13,000
39 Field Trips 2,688 2,688
40 School Governance Council(SGC)Supplies 2,142 2,142
41 After School Program(Staffing,supplies&snacks 52,000 52,000
42 Media Center Supplies 6,541 6,541
43 At Risk Funds 1,478 1,478
44 Co-curricular activities per school 16,000 16,000
45 Staff Development per teacher 3,548 3,548
46 Staff Development -first year only 25,000 25,000
47 Travel-Assistant Principals 478 478
48 Travel-Principal 1,350 1,350
49 Administrative Supplies&Postage 1,837 1,837
50 Property Insurance 10,000 10,000
51 Telephone 15,000 15,000
52 Water 10,000 30,000
53 Electricity 70,000 100,000
54 Natural Gas(Heating) 70,000 20,000
55 Custodial Supplies 10,426 10,426
56 Total Smith Middle School Operating Costs(Annual) 377,880 377,880
57 Less: Start-up costs for Smith Middle School included in FY
2000-01 Budget 201,556 201,556
58 Total FY 2001-02 Smith Middle School Budget 1,395,784 1,395,787
59 Additional Expenses Associated with Opening of Smith Middle School
eo Additional operating expenses in Facilities Department 44,675 44,675
Grounds Helper(BOE request included funding for 12
61 months;approved BCE budget provided funding for 8 -
months) 19,385 19,385
Total Costs Associated with Opening of Smith
62 Middle School $ 1,459,844 $ 1,459,847
Budget Impact of Charter Schools
BOE Request BOE Approved
Charter school
63 students included in
0 total ADM
sa Total Impact of Charter Schools I$ is
Expansion or New Initiatives Budget
BOE Request BOE Approved
65 Local Teacher supplement for new state-paid teacher
positions 89,913 89,913
66 Additional Teacher Assistants for Grades 4-5 99,424 99,424 Items 65 through 68 considered
67 Items allocated on a per-student or per-teacher basis 93,989 93,989 "Continuation/State budget
Mandates/Inflationary
BOE b
Costs"items in the BOE budget
Webmaster for full year(in ty 2000-01,BOE funded
68 Webmasterfor 112 year;the 2001-02 funding provides for full
year funding of$54,200 for salary and frin es) 27,100 27,100
69 Increase half-time 504 Coordinator position to FT
at each high school 53,268 53,268
70 Half-time LEA rep for Scroggs Elementary 26,634 26,634 Items 69 through 74 considered
71 CAPS administrator(1/2 year) 27,500 0 "Overcrowding/Growth"items in the BOE
budget
72 Increased position allocations for overcrowded
schools 106,536 106,536
73 Full-time teacher assistant for ECHHS 24,856 24,856
74 Full-time Electrician in Facilities Department 44,330 44,330
Page-3 920/200f
Chapel Hill-Carrtoro Schools
BOE Request BOE Approved
75 ESL Coordinator(1/2 year) 33,000 33,000 � Items 75 through 76 considered"ESL/Dual
Language Program"items in the BOE budget
76 Additional ESL resource teachers 3 FTE) 159,804 159,804
77 Teacher Supplement Increase for teachers with 0 to 9 years of
experience;increases from 10%to 12% 128,854 128,854
78 Central Office salaries/upgraded position-5% 102,544 102,544 i
79 Upgrade lowest paid employees from grade 52 to
53 36,687 36,687
80 Full-time NC WISE Data Mgr position for each elementary
school 232,000 232,000
81 Peer Assistance and Review 178,500 40,000 Items 77 through 86 considered"Quality Staff
and Support"items in the BOE budget
82 Teacher Recruitment Initiatives 38,534 38,534
83 Reclassify an Office Asst position at each middle school to FT
NC WISE Data Mgr position 13,000 13,000
84 Increase pay grade of HS NC WISE Data Mgrs from grade 59
to 61 4,400 4,400
85 Benefits Specialist 43,680 43,680
86 Professional Certification for office personnel 1,722 1,722
87 Addition of Executive Director of Instruction and Curriculum
1.0 FTE 96,000 96,000
88 Addition of Math/Science Coordinator 1.0 FTE 78,000 78,000 Items 87 through 91 considered a new
89 Addition of Administrative Assistant 1.0 FTE 42,000 30,000 program"Curriculum Development-ISD
Restructuring"items in the BOE budget
90 ISD Curriculum Development Project 60,000 60,000
91 ISD Character Education and Anti-Bullying Program 12,000 12,000
92 AVID-one planning period for junior/senior class '
AVID teachers 53,268 53,268
93
Expansion/Enhancement of Phoenix Academy 64,946 64,946 Items 92 through 98 considered"Proficiency
94 Proficiency lead teacher 100,000 100,000 and Graduation Standards"items in the BOE
95 Third Grade gateway strategies 100,000 100,000 budget
96 School reading partners 23,000 23,000
97 Expansion of School Writing Program 17,000 17,000
98 Clerical Assistant for Writing Program 10,000 10,000
99 Minority Student Achievement Program(specifics to be Item 99 considered"Minority Student
determined after BOE receives MSA report) 200,000 200,000 Achievement"in the BOE budget
100 Addition of MIS Support Specialist 1.0 FTE) 33,600 33,600
101 Addition of Support Technician I for High Schools 33,600 33,600 Items 100 through 103 considered
102 Addition of Support Technician for Smith Middle School and "Technology-Increases in Technology
other under-served schools 33,600 33,600 Support"items in the BOE budget
103 Convert art-time Technical Assistant to full-time 6,459 6,459
104 Additional maintenance budget for facilities due Item 104 considered"Safety/Healthy
to condition and age of buildings 50,531 0 School Climate"in the BOE budget
105 Japanese Language Program 17,756 17,756
106 Increase of school copier maintenance budgets
by$5 per student 50,585 50,585 Items 105 through 110 considered
107 Increase in co-curricular athletic budgets for high "Technology-Increases in Technology
schools 20,000 20,000 Support"items in the BOE budget
108 Co-curricular athletic stipends 42,774 42,774
109 Grant Writer 56,000 56,000
110 Increase staff development budget for BOE 7,000 7,000
111 Program Reductions and Savings
112 2000-01 Staff Bonus one-time $500 per staff) 150,000 150,000
113 Reduce PREP Academy teacher allocation by 2.0 FTE 0 102,612
114 Reduce PREP Academy teacher assistant allocation by 2.0
FTE 0 47,974
115 Reallocate Non-Instructional Support budget 0 102,442
116 Estimated net savings from legislative action 0 200,000
117 Total Expansion or New Initiatives
Budget $ 2,624,394 1,942,835
118 Total 2000-01 Local Expenditure
Increases $ 5,499,234 $ 4,584,926
Page-4
Chapel Hill-Carrhoro Schools 9/20/1001
4
ORANGE COUNTY BUDGET OFFICE
Donna Dean, Budget Director
208 South Cameron Street, Post Office Box 8181 • Hillsborough, NC •
27278
Phone: 919-245-2151 • Fax: 919-644-3324
E-Mail: ddean @co.ora,rige.nc.us
To: John Link, County Manager
From: Donna Dean, Budget Director
Subject: Update on CIP Revenues
Date: September 21, 2001
Now that last fiscal year has ended and the-audit is nearing completion, I would like to
update you on two major revenue sources that fund the County and Schools long-range
capital projects-Y2 Cent Sales Tax Collections and School Construction Impact Fees.
'/2 Cent Sales Tax
Over the past few years, Y2 cent sales tax revenues have increased around 7 to 8
percent. You may recall, that last fall as we began planning for the current year's
Capital Investment Plan (CIP) update, the economy was beginning to slow, and we
were beginning to experience a slight decrease in our sales tax collections.
At final count, Y2 cent sales tax collections for last fiscal year (2000-01) totaled
$8,582,546. This was $325,740 less than budget. Fortunately, both the County and the
School Capital Fund Balances hade sufficient balances to cover the shortfall we
experienced, and we did not have to reduce funding for any projects.
During the budget planning process this past spring, we anticipated that the economic
slowing would continue, and we anticipated a 5 percent growth in budget for the Y2 cent
sales tax revenues. In light of our experience over the last twelve months and the more
recent national events, we may see further declines in our collections.
The first quarter collections are due from the State in mid-November. I will provide an
update for you at that time.
School Construction Impact Fees
Over the past few months the Board has discussed the potential use of School
Construction Impact Fees as one method of paying for school projects that are not
included on the November bond. Following the Towns' submission of the impact fees
that they collected through June 30, 2001, 1 confirmed the impact fee amounts available
for both school districts. -
Chapel Hill-Carrboroa City Schools - The amount available in the CHCCS impact
fee fund is $6.2 million. For the most part, this amount is the result of higher than
anticipated collections over the past three years. Since fiscal year 1998-99,
impact fees collected in the CHCCS district has ranged from $2.3 million to $2.7
Page 1 of 2
million per year while the District has allocated a total of just over $2 million for
the same period. The projects that the District has partially funded with impact
fees over the last three years include Scroggs Elementary and Smith Middle
Schools. In addition, interest earnings for the District are just over$811,000.
Beginning with the current fiscal year, the projected amount to be collected in
impact fees is almost $2.3 million per year. This projection reflects the impact
fees of $4,407 per single-family dwelling and $1,979 for all other, residential
dwellings, effective July 1, 2001. Prior to July, the impact fees for the District
were $3,000 per dwelling.
• Orange County Schools — The amount available in the OCS impact fee fund is
$537,264. Over the past three years, annual collections have averaged about
$385,000 per year. During this same period, the District has used impact fees to
partially fund construction of Pathways Elementary (just over $1 million) and
Cedar Ridge High School ($365,000). Interest earnings for OCS are about
$300,000.
In light of the July 1, 2001 increase in impact fees, annual collections for the OCS
district are anticipated to increase significantly. Annual collections are projected
to be about $1 million per year compared to the previous years' average of
$385,000. This is a result of the impact fees for the District increasing from $750
per single dwelling unit to $3,000 for single-family dwellings and $1,420 for other
residential dwellings.
In accordance with the Impact Fee Ordinance, school construction impact fees can be
used by each district for construction of new school space including new buildings or
additions to existing buildings or otherwise converting existing buildings into new public
school space where the expansion is related to new residential costs. These capital
costs include actual building construction; design; engineering, and/or legal fees; land
acquisition and site development; equipment and furnishings; infrastructure
improvements; and/or debt service payments and payments under leases through
which to finance such costs.
I will be glad to answer any questions that you or the Board may have.
Page 2 of 2
I OC 9/19/2001
Final ADM-Elementary School Level
Total Annual
Year K 1 2 3 4 5 Elementary Increase
95-96 494 500 447 460 436 445 2782
96-97 529 547 528 481 505 453 3043 261
97-98 477 564 543 529 453 521 ./ 3087 44
98-99 445 510 540 566 519 467,' 3047 -40
99-00 494 492 500 562 571 500 3119 32
L49100-01 456 508 470 1 509 541 578 3062 15
01-02 Membership* 443 463 493 455
548 2893 -169
*Twentieth Day Total 6 Year Increase 143
6 Year Average Annual Increase 24
Total 5 Year Increase -118
5 Year Average Annual Increase -24
Total 3 Year Increase -122
3 Year Average Annual increase -41
Final ADM-Middle School Level
Annual
Year 6 7 8 Total Middle Increase
95-06 472 417 435 1324
96-97 483 438 409 1330 6
97-98 462 489 436 1387 57
98-99 510 455 462 1427 40
99-00 473 506 470 1449 62
00-01 501 489 504 1494 67
01-02 Membership* 556 490 478 1524 30
*Twentieth Day Total 6 Year Increase 262
6 Year Average Annual Increase 44
Total 5 Year Increase 256
5 Year Average Annual increase 51
Total 3 Year Increase 159
3 Year Average Annual Increase 53
Final ADM-High School Level
Annual
Year 9 10 11 12 Total High Increase
95-96 530 371 301 253 1455
96-97 526 413 299 307 1545 90
97-98 493 407 305 314 1519 -26
98-99 533 402 319 296 1550 31
99-00 534 410 316 320 1580 30
00-01 549 425 338 299 1611 31
01-02 Membership* 630 455 370 314 1769 189
*Twentieth Day Total 6 Year Increase 345
6 Year Average Annual Increase 58
Total 5 Year increase 255
5 Year Average Annual Increase 51
Total 3 Year Increase 250
3 Year Average Annual Increase 83
Ocs 9/19/2001 t
Final ADM-All Levels
Year 95-96 96-97 97-98 98-99 99-00 00-01 01-02
Total#Students 5,561 5,918 5,993 6,024 6,148 6,167 6,186
Total 6 Year Increase 750
6 Year Average Annual Increase 125
Totals Year Increase 393
5 Year Average Annual Increase 79
Total 3 Year Increase 287
3 Year Average Annual Increase 96
Prepared by Orange County Budget Office
September 19,2001
Comparison of DPI March Planning ADM and Final ADM
Orange County Schools
Difference in
DPI
March DPI Projected Actual Projections
School Year Planning Increase in Increase in and Actual#
Ending ADM (2) #Students Final ADM #Students Students
1991 5103 4991
1992 5148 45 5088 97 52
1993 5204 56 5256 168 112
1994 5444 240 5354 98 -142
1995 5582 138 5464 110 -28
1996 5617 35 5561 97 62
19970 5680 63 5918 357 294
1998 6081 401 5993 75 -326
1999 6202 121 6024 31 -90
2000 6250 48 6148 124 76
2001 6342 92 6167 19 -73
2002 6302 -40 6186 19 59
Total Increase 1199 1195
Average Annual Increase 109 109
(1) Twentieth day membership reflected in Final ADM column
(2) Does not include charter students (estimate for FY 2000-01 =254)
(3) Aamance County students transferring back to home county of Orange
OCS Student Projections '
Elementary 9/19/01.
#Students
4th Month Membership School
Year Ending 2001 3,078
20th Day Membership School
Year Ending 2002 2,893
Tischler 2,961
OC Planning 3,049
10 Year Growth 3,000
5 Year Growth 3,015
3 Year Growth 2,986
Capacity 3,820
1105% Level of ervice 4,011
Middle
#Students
4th Month Membership School
Year Ending 2001 1,504
20th Day Membership School
Year Ending 2002 1,524
Tischler 1,481
OC Planning 1,528
10 Year Growth 1,584
5 Year Growth 1,574
3 Year Growth 1,570
Capacity 1,466
1107% Level of ervice 1,569
High
#Students
4th Month Membership School
Year Ending 2001 1,672
20th Day Membership School
Year Ending 2002 1,769
Tischler 1,968
OC Planning 2,037
10 Year Growth 1,768
5 Year Growth 1,782
3 Year Growth 1,785
Capacity 11518
110% Level of ervice 1,624
All Levels Combined
#Students
4th Month Membership School
Year Ending 2001 6,254 _
20th Day Membership School
Year Ending 2002 6,186
Tischler 6,410
OC Planning 6,614
10 Year Growth 6,352
5 Year Growth 6,371
3 Year Growth 6,341
Capacity 6,804
otal Level of ervice 7,204
C H C C S .4-46t444 He. - ;;�
9/19/2001
Final ADM-Elementary School Level
Total Annual
Year K 1 2 3 4 5 Elementary Increase
95-96 575 638 688 655 648 634 3838
96-97 608 605 647 679 648 663 3850 12
97-98 556 665 634 673 685 662 3875 25
98-99 576 635 704 671 710 722 4018 143
99-00 628 667 682 741 734 757 ,:' 4209 191
00-01 687 719 717 743 800 803" 4469 260
01-02 Membership* 651 724 746 750 793 848 4512 43
*Tenth Day Total Year Increase 674
6 Year Average Annual Increase 112
Total 5 Year Increase 662
5 Year Average Annual Increase 132
Total 3 Year Increase 494
3 Year Average Annual Increase 165
Final ADM-Middle School Level
Annual
Year 6 7 8 Total Middle Increase
95-96 617 648 621 1886
96-97 661 647 661 1969 83
97-98 665 680 667 2012 43
98-99 697 692 673 2062 50
99-00 747 709 727 2183 121
00-01 794 796 746 2336 153
01-02 Membership* 910 801 841 2552 216
*Tenth Day Total 6 Year Increase 666
6 Year Average Annual Increase 111
Total Year increase 583
5 Year Average Annual Increase 117
Total 3 Year Increase 490
3 Year Average Annual Increase 163
Final ADM-High School Level
Annual
Year 9 10 11 12 Total High Increase
95-96 669 515 472 431 2087
96-97 691 576 487 476 2230 143
97-98 697 618 553 426 2294 64
98-99 732 659 554 491 2436 142
99-00 761 6.83 637 511 2592 156
00-01 836 731 647 579 2793 201
01-02 Membership* 901 780 717 609 3007 214
*Tenth Day Total Year Increase 920
6 Year Average Annual Increase 153
Total 5 Year Increase 777
5 Year Average Annual Increase 155
Total 3 Year Increase 571
3 Year Average Annual Increase 190
C H C C S 9/19/2001
Final ADM-All Levels
Year 95-96 96-97 97-98 98-99 99-00 00-01 01-02
Total#Students 7,811 8,049 8,181 8,516 1 8,984 9,598 10,071
Total 6 Year Increase 2,260
6 Year Average Annual Increase 377
Total 5 Year Increase 2,02
5 Year Average Annual Increase 404
Total Year increase 1,555
3 Year Average Annual Increase 518
Compiled by Orange County Budget Office
9/19/01
Comparison of DPI March Planning ADM and Final ADM
Chapel Hill-Carrboro City Schools
i erence in
DPI
March DPI Projected Actual Projections
School Year Planning Increase in Increase in and Actual#
Ending ADM (2) #Students Final ADM #Students Students
1991 6014 6005
1992 6293 279 6300 295 16
1993 6791 498 6822 522 24
1994 7218 427 7133 311 -116
1995 7580 362 7509 376 14
1996 7860 280 7811 302 22
1997 8127 267 8049 238 -29
1998 8317 190 8181 132 -58
1999 8441 124 8516 335 211
2000 8760 319 8984 468 149
2001 9353 593 9598 614 21
20021 10063 710 10071 473 -237
Total Increase 4049 4066 17
Average Annual Increase 368 370
Tenth day membership reflected in Final ADM column
(2) Does not include charter students (estimate for FY 2000-01 = 117)
CHCCS Student Projections 9/11/01
-- r
Elementary
#Students
3rd Month Membership School
Year Ending 2001 4,444
10th Day Membership School
Year Ending 2002 4,512
Tischler 4,501
OC Planning 4,585
10 Year Growth 4,541
5 Year Growth 4,560
3 Year Growth 4,643
Capacity 4,302
105% Level of ervice 4,517
Middle
#Students
3rd Month Membership School
Year Ending 2001 2,326
10th Day Membership School
Year Ending 2002 2,552
Tischler 2,251
OC Planning 2,297
10 Year Growth 2,487
5 Year Growth 2,469
3 Year Growth 2,478
Capacity 2,840
o
7 Level ot Service 3,039
High
#Students
3rd Month Membership School
Year Ending 2001 2,815
10th Day Membership School
Year Ending 2002 3,007
Tischler 2,991
OC Planning 3,063
10 Year Growth 2,897
5 Year Growth 2,902
3 Year Growth 2,929
Capacity 3,035
110% Level of ervice 3,339
All Levels Combined
#Students
3rd Month Membership School
Year Ending 2001 9,585
10th Day Membership School
Year Ending 2002 10,071
Tischler 9,743
OC Planning- 9,945
10 Year Growth 9,925
5 Year Growth 9,931
3 Year Growth 10,050
Capacity 10,177
ITotal Level of ervice 10,895
L4 4 - 1,
ORANGE COUNTY PLANNING&INSPECTIONS DEPARTMENT
Craig N. Benedict,AICP,Director
Administration 306F Revere Road
(919) 245-2575 P O Box 8181
(919) 644-3002 (FAX) Hillsborough,
www.co.orange.nc.us °<<5 Cato�co North Carolina,27278
1
MEMORANDUM
TO: John M. Link,Jr., County Manager
Board of County Commissioners
FROM: Craig N. Benedict, AICP,Planning Director
DATE: September 20,2001
RE: Schools APFO
Attachments: Response to Community Housing Corporation
Schools Adequate Public Facilities Ordinance
Memorandum of Understanding
Projections
CAPS Allocation
This memo serves as an update to the progress of the Schools APFO. Based on comments made
during public hearing in Chapel Hill in May, 2001 and following correspondence from their
attorney,Ralph Karpinos, a few issues regarding implementation and timing was brought
forward.
To address these operative and legal issues,the Attorneys,Planners, School Representatives
(APS) subgroup of the Schools Land Use Councils was reconvened. Approximately five
meetings have been held in May, June, July,August and September and one final draft session to
be held on September 24. The attendance, at times,was weak due to the summer break that
slowed the coalescence of the collective wisdom of the group. However, a general
understanding of the group and redrafting of certain sections of the Memorandum of
Understanding(MOU)by the attorneys has brought forth a document that addresses the issue of
timing of Certificate of Adequate Public Schools (CAPS)to a reasonable conclusion.
On this issue,the CAPS would be formally issued after the local government approves a
development permit but before final recordation. Previously, the issuance was suggested much
earlier in the process. An interim CAPS analysis could be factored into the decision of a local
government to evaluate the impact as it relates to phasing the project or examining the housing
g:craig\correspondence\managersmemo09-20-2001\jb
type and its differential impact. This CAPS issuance re-timing removes some of the `hoarding'
aspects of potentially long approval processes.
Another issue included the status of funding for schools and if a Schools APFO was to be
implemented would the ordinance create a `defacto' moratorium if schools were presently over
level of Service Capacity. This timing of implementation would relate to funding source options
presently under discussion by the Board of County Commissioners.
Planning Staff has also created a base mathematical formula that illustrates the CAPS issuance
evaluation process. The base formula would,by intent, be static. The variables or input would
be dynamic and be `plugged in' to the suggested multiyear base formula. The variables such as
growth rate,projection methodology, background increases, student generation rates, capacity
would be the product of joint actions of applicable parties
Lastly, staff has prepared responses to public comments regarding housing affordability issues.
The revised drafts of the Memorandum of Understanding are presently incomplete and the draft
from the attorney is expected Monday, September 24, 2001 for review, consensus and
forwarding to the SLUC. Copies of the present MOU and Schools APFO are attached.
g:craig\correspondence\managersmemo09-20-2001\jb
Attachment D
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration ��` ''� 306F Revere Road
(919) 245-2575 P O Box 8181
(919) 644-3002 (FAX) Hillsborough,
www.co.orange.nc.us °<<4 �._ °° North Carolina, 27278
W ®
MEMORANDUM
To: Christine Westfall
Orange County Community Housing Corporation
From: Aaron Cain
Orange County Planning Department
Thru: Craig Benedict -
Planning Director, Orange County
Date: September 4, 2001
Re: Schools Adequate Public Facilities Ordinance
The following response is in regard to your memorandum to the Orange County Board of
Commissioners dated May 7, 2001 regarding the implementation of a schools adequate public
facilities ordinance and its impact on affordable housing in the county.
Below I address your comments, questions and concerns as fully as possible at the present time.
Furthermore, these responses come from the point of view of Orange County Planning and our
suggestions for the structure of the ordinance.
Affordable housing is a prime concern in Orange County and county-wide task forces with broad
support are addressing it.
Your concerns are generally about whether or not the Schools APFO will restrict affordable
housing. The suggestions you make as a possible remedy may actually cause more damage to
school overcrowding. By exempting affordable housing projects,those students who do enroll
because of the construction of the project will not count towards capacity. Undoubtedly,we will
reach capacity through the disbursement of CAPS to higher-income developers. Therefore,we
will always be above capacity and will stifle other types of development. This is a situation we
hope to avoid,while yet attending to the needs of affordable housing developers. Such solutions
that have been discussed so far by staff and elected officials are giving preference to affordable
housing developments in the disbursement of CAPS and calculating multi-family and affordable
housing projects at a lower student production ratio than standard single family detached
dwelling developments. I welcome your comments and input on these responses.
1. The APFO could exempt proposed developments of 40 units or less. Unlike the private
sector, affordable housing developers generally create small developments,which have a
great deal less impact on their area school district's population. By exempting developments
of less than 40 units from the APFO requirements, the County government could address
concerns about larger developments,which have the most impact on schools,but avoid
placing new burdens on the majority of affordable housing developments.
The major problem with exempting developments of 40 units or less is that larger developments
may attempt to avoid APFO by proposing their developments in phases. This would eventually
lead to longer delays by tying up more time of the Board of Commissioners in approvals and
actually increase the costs to all developers, including those of affordable housing. In the present
version of the ordinance, the impact of multi-family housing, of which most affordable housing
units are, is being treated as a lower impact in terms of CAPS, and would therefore require fewer
CAPS for the same amount of units as a large, single family detached development.
Furthermore, at the last Joint Schools and Land Use Committee meeting on June 13, 2001,
suggestions were made to give developers of affordable housing preference in the CAPS
approval process. A final decision on this proposal has not yet been made.
2. The APFO could exempt small houses of less than 1200 square feet. Most affordable homes
are 1200 square feet or less in size,whereas most private sector homes are 2000 square feet
and larger. This exemption would therefore ease the development process for low and
moderately priced homes.
Such a scenario has not yet been discussed by staff or elected officials. An alternative
suggestion is to qualify detached homes under a certain square footage as multi-family so that
their impact is not as great, yet the students they will produce are still counted toward
membership additions. Your suggestion will be discussed at a future Joint Schools and Land Use
meeting.
3. The APFO could require that in areas where developable land is scarce, such as in the
southern part of the County, priority would be given to permitting affordable housing
developments before private sector developments. This requirement would offset the extra
burdens created by the APFO for affordable housing developers who are working in areas
where it is most challenging to develop affordable housing. It would also help promote
economic diversity in the southern part of the County.
As mentioned above,priority to all projects that include an affordable housing component has
been discussed at the committee level. No recommendation has yet to be made. We welcome
your ideas and input, and I will be sure to share them with the committee chairperson.
4d "
AN ORDINANCE AMENDING THE DEVELOPMENT ORDINANCE
TO REQUIRE THAT THE ADEQUACY OF PUBLIC SCHOOL FACILITIES TO
ACCOMMODATE NEW DEVELOPMENT BE CONSIDERED IN THE
APPROVAL PROCESS//
WHEREAS, the portion of Orange County served by the [Chapel Hill/Carrboro]
[Orange County] school system, has for the past decade been experiencing rapid growth
in population; and
WHEREAS,this rapid 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 Hill/Carrboro School Board] [Orange County
School Board],with funding provided by Orange County; and
WHEREAS, [Chapel Hill, Carrboro, Orange County and the Chapel Hill/Carrboro
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; and
WHEREAS, to implement the Memorandum of Understanding between [Orange
County, Chapel Hill, Carrboro, and the Chapel Hill/Carrboro School Board] [Orange
County, Hillsborough, and the Orange County School Board], the [governing body]
desires to provide a mechanism to assure that, to the extent possible, new development
will take place only when there are adequate public school facilities available, or planned,
which will accommodate such new development;
NOW THEREFORE, [THE GOVERNING BODY] ORDAINS:
Section 1. Section of the Development Ordinance is amended by
adding a new to read as follows:
ADEQUATE PUBLIC SCHOOL FACILITIES
1. Purpose.
The purpose of this ordinance is to ensure that, to the maximum extent practical, new
residential development will be approved only when it can reasonably be expected that
adequate public school ,facilities will be available to accommodate such new
development.
2. Certificate of Adequacy of Public Schools Facilities.
(a) No application for approval of a subdivision preliminary plat, minor subdivision
final plat, site plan, or conditional or special use permit for a project containing a
residential use may be accepted as complete unless on the date of such acceptance there
exists a valid and current Certificate of Adequacy of Public Schools Facilities (CAPS)
applicable to the project for which such approval is sought.
(b) A CAPS shall not be required for a general use or conditional use rezoning or for
approval of a master land use plan. However, if a rezonin&or master plan is approved, a
CAPS will be required before any residential development of the property is authorized
pursuant to any of the approvals specified in subsection (a) of this section, and the
rezoning of the property or approval of a master plan provides no indication as to whether
the CAPS will be issued. The application for rezoning or master plan approval shall
contain a statement to this effect.
(c) A CAPS must be obtained from the School District. The School District will
issue or deny a CAPS in accordance with the provisions of the Memorandum of
Understanding between [Chapel Hill, Carrboro, Orange County, and the Chapel Hill
Carrboro School District] [Orange County, Hillsborough, and the Orange County School
District] dated
(d) An applicant shall seek from the School District a CAPS for a proposed
residential development before an application for approval of a subdivision preliminary
plat, minor subdivision final plat, site plan, or conditional or special use permits
submitted to the [town] [county]. The CAPS, if issued, shall expire as provided in
Section 4.
(e) A CAPS attaches to the land in the same way that development permission
attaches to the land. A CAPS may be transferred along with other interests in the
property with respect to which such CAPS is issued, but may not be severed or
transferred separately.
3. Service Levels.
(a) This section describes the service levels regarded as adequate by the parties to the
Memorandum of Understanding described in subsection (b) with respect to public school
facilities.
(b) As provided in the Memorandum of Understanding between [Orange County,
Chapel Hill, Carrboro, and the Chapel Hill/Carrboro School District] [Orange County,
Hillsborough, and the Orange County School District], adequate service levels for public
schools shall be deemed to exist with respect to a proposed new residential development
if, given the number of school age children projected to reside in that development, and
considering all the factors listed in the Memorandum of Understanding, the number of
students projected to attend the elementary schools, the middle schools, and the high
school[s] within the [Chapel Hill/Carrboro] [Orange County] School District will not
exceed the following percentages of the building capacities of each of the following three
school levels:
elementary school level f05%
middle school level 107%
high school level 110%
For purposes of this ordinance, the term "building capacity" means the capacity of
permanent buildings, not mobile units or trailers, and shall be determined as provided in
the Adequate Public School Facilities Memorandum of Understanding among the Towns
2
of and Orange County and the
Board of Education.
4. Expiration of Certificates of Adequacy of Public Schools Facilities.
(a) A CAPS that has been obtained pursuant to Subsection 2(d) before an application
for approval of a subdivision preliminary plat, minor subdivision final plat, site plan, or
conditional or special use permit has been submitted shall expire unless the developer
submits and the [Town] [County] accepts as complete an application for approval of that
subdivision preliminary plat, minor subdivision final plat, site plan, or conditional or
special use permit within 90 days of the date of the CAPS and receives the requested
approval within'two years of the date of the CAPS.
(b) 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.
5. Exemption From Certification Requirement for Development with Negligible
Student Generation Rates
A CAPS shall not be required under the following circumstances:
(a) For residential development permanently restricted to dormitory housing
for university students.
(b) For a residential development permanently restricted by law and/or
covenant to housing for the elderly and/or adult care living and/or adult
special needs.
6. Applicability to Previously Approved Projects and Projects Pending
Approval.
(a) This ordinance and the Memorandum of Understanding between the [governing
body], Orange County and the School District are general in nature and applicable to all
property subject to land use regulation by the [governing body]. Except as otherwise
provided herein, the provisions of this ordinance shall apply to applications for approval
of subdivision preliminary plats, site plans and conditional or special use permits that are
submitted for approval after r I
the effective date of this ordinance
(b) ' The provisions of this ordinance shall apply to subdivision preliminary plats, site
plans and conditional or special use permits that have expired.
(c) The provisions of this ordinance shall not apply to amendments to subdivision
preliminary plat, site plan,,or special or conditional use permit approvals issued prior to
the effective date of this ordinance so long as the approvals have not expired and the
proposed amendments do not increase the number of dwelling units authorized within the
development by more than five percent or five dwelling units,whichever is less.
(d) The [governing body] shall issue a special exception to the CAPS requirement to
an applicant whose application for approval of a subdivision preliminary plat, minor
1 3
subdivision final plat, site plan or conditional or special use permit covering property J
within a planned unit development or master plan project that was approved prior to the
effective date of this ordinance, if the [governing body] finds, after an evidentiary
hearing, that the applicant has (1) applied to the School District for a CAPS and the
application has been denied, (2) in good faith made substantial expenditures or incurred
substantial binding obligations in reasonable reliance on the previously obtained planned
unit development or master plan approval, and (3) would be unreasonably prejudiced if
development in accordance with the previously approved development or plan is delayed
due to the provisions of this ordinance. In deciding whether these findings can be made,
the [governing body] shall consider the following, among other relevant factors:
(1) Whether the developer has installed streets, utilities, or other facilities or
expended substantial sums in the planning and preparation for installation of such
facilities which were designed to serve or to be paid for in part by the
development of portions of the planned unit development or master planned
project that have not yet been approved for construction;
(2) Whether the developer has installed streets, utilities, or other facilities or
expended substantial sums in the planning and preparation for installation of such
facilities that directly benefit other properties outside the development in question
or the general public;
(3) Whether the developer has donated land to the School District for the
construction of school facilities or otherwise dedicated land or made
improvements deemed to benefit the School District and its public school system;
(4) Whether the developer has had development approval for a substantial
amount of time and has in good faith worked to timely implement the plan in
reasonable reliance on the previously obtained approval;
(5) The duration of the delay that will occur until public school facilities are
improved or exist to such an extent that a CAPS can be issued for the project, and
the effect of such delay on the development and the developer.
The decision of the [governing body] is subject to review by the Orange County
Superior Court by proceedings in the nature of certiorari. Any petition for review by the
Superior Court shall be filed with the Clerk of Superior Court within 30 days after a
written copy of the decision [of the governing body] is delivered to every aggrieved parry
who has filed a written request for such copy with the Clerk to the [governing body] at
the time of its hearing on the application for a special exception. The written copy of the
decision of the [governing body] may be delivered to the aggrieved party either by
personal service or by certified mail,return receipt requested.
The [chair or the mayor] of the [governing body] or any member temporarily
acting as [chair or mayor] may, in his or her official capacity, administer oaths to
witnesses in any hearing before the [governing body] concerning a special exception.
4
1 7. Appeal of School District Denial of a CAPS.
The applicant for a CAPS which is denied by the School District may, within 30
days of the date of the denial, appeal the denial to the [governing body] of [local
government from which development permit is sought]. Any such appeal shall be heard
by the [governing body] at an evidentiary hearing before it. At this hearing the School
District will present its reasons for the denial of the CAPS and the evidence it relied on in
denying the CAPS. The applicant appealing the denial may present its reasons why the
CAPS application should have, in its view, been approved and the evidentiary basis it
contends supports approval. The [governing body] may (1) affirm the decision of the
School District, (2) remand to the School District for further proceedings in the event
evidence is presented at the hearing before the [governing body] not brought before the
School District, or (3) issue a CAPS. The [governing body] will only issue a CAPS if it
finds that the CAPS should have been issued by the School District as prescribed in the
Memorandum of Understanding among the_ School District, Orange County and the
[governing body]. A decision of the [governing body] affirming the School District may
be appealed by the applicant for a CAPS by proceedings in the nature of certiorari and as
prescribed for an appeal under Section 6(d) of this ordinance.
8. Information Required From Applicants.
The applicant for a CAPS shall submit to the School District all information
reasonably deemed necessary by the School District to determine whether a CAPS should
be issued under the provisions of the Memorandum of Understanding between the
[governing body], Orange County, and the School District. An applicant for a CAPS
special exception or an applicant appealing a CAPS denial by the School District shall
submit to the [governing body] all information reasonably deemed necessary by the
[governing body] to determine whether a special exception should be granted as provided
in Section 6(d) of this ordinance or for the hearing of an appeal of a School District
denial of a CAPS as provided in Section 7 of this ordinance. A copy of a request for a
CAPS special exception or of an appeal of a School District denial of a CAPS shall be
served on the superintendent of the School District. Service may be made by personal
delivery or certified mail,return receipt requested.
Section 2. This ordinance shall become effective
The foregoing ordinance, having been submitted to a vote, received the following vote
and was duly adopted this day of 92000.
Ayes:
Noes:
Absent or Excused:
Isg:orangecounty\ORDINANCE3clean.8oc
5
qd- 4
SCHOOLS ADEQUATE PUBLIC FACILITIES
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into this day of , 2000,
by and between the Town of , the City of Orange County, and the
(the"School District").
WHEREAS, the portion of Orange County, served by the [name of school district] 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 (Orange County School District or Chapel
Hill/Carrboro School District),with funding provided by Orange County; and
WHEREAS, Orange County and the 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, 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 facilities
program for the construction of schools such that, from the effective date of this
Memorandum;
a. No school level(i.e. elementary, middle or high)is more than
1. Elementary School 105%of Building Capacity
2. Middle School 107%of Building Capacity
3. High School 110%of Building Capacity
(if number of schools within a level is very low the district may initiate a
higher percentage limit and step down in percentage to the number above as
new schools open)
b. The term,"the school districts building capacity" will be determined by
reference to State guidelines and the school district guidelines (consistent
with CIP School Construction Guidelines/policies developed by the school
districts and the Board of County Commissioners) and will be determined
by joint action of the School Board and the Orange County Board of
Commissioners. As used herein the term"school districts building capacity"
refers to permanent buildings. Mobile classrooms and other temporary
1
student accommodating classroom spaces are not permanent buildings and
may not be counted in determining the school districts building capacity.
C. The capital facilities program shall utilize a projected growth rate for student
enrollment agreed upon by the parties, which growth rate may differ from
one school level to another. (i.e.,number of students per level per year.)
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 School District will establish an administrative process to receive and take
action upon applications for Certificates of Adequacy of Public Schools Facilities
("CAPS") submitted by developers who are required by an implementing
ordinance conceptually similar to that attached as Exhibit A to have such
certificates before obtaining development permission from the town or the county.
The School District will issue a CAPS for a proposed development if it concludes
that, given the number of school age children projected to reside in that
development, and considering all of the factors listed immediately below, the
number of students projected to attend the applicable school district elementary,
middle, and high school levels will not exceed the capacities noted in Section 1 of
this memorandum. Factors to be considered by the School District in making this
determination include the following:
a. The number of students attending elementary schools, middle schools, and
high schools and the building capacity at each school,level.
b. Projected or ongoing construction of new schools or permanent expansion
of existing schools as planned in the adopted CIP. If the completion of such
school construction is necessary for a CAPS to be issued for a particular
development project, then there must be a reasonable expectation that such
construction will be completed in time to be of benefit to such project. A
"reasonable expectation"of a proposed completion date requires, at the very
least, that construction of a proposed new school has received all necessary
governmental approvals and that funding is in place, or that such approvals
and funding appear"reasonably certain."
C. Projected increases in enrollment due to residential growth. The following
will be taken into consideration in determining projected enrollment
increases:
(i) Single-family residential building lots that have received final plat
approval, or have been created by a plat exempt from subdivision
regulation approval,but that do not contain a completed dwelling;
(ii) Single-family or multi-family residential building lots for which: (1)
preliminary subdivision plat approval, (2) minor subdivision final plat,
(3) zoning compliance permit approval or special or conditional use
permit approval have been granted so long as such approvals have not
expired;
2
e
(iii) Developments for which subdivision preliminary plat, minor
subdivision final plat or site plan approval applications have been
submitted but not yet granted, so long as CAPS for such projects have
been issued and remain unexpired or special exceptions that have been
granted;
(iv) Any phasing and time schedule for project development consistent
with preliminary plat and/or master plan application and, if applicable,
approval.
d. Any other factors deemed relevant by the School District in determining
whether each school level will meet the level of service described herein if
the proposed project is constructed.
Section 4. A CAPS that has been obtained before an application for approval of a
subdivision preliminary plat, minor subdivision final plat, site plan, or conditional
or special use permit has been submitted shall expire unless the developer submits
and the [Town/County] accepts as complete an application for its approval within
90 days of the date of the CAPS and receives the requested approval within two
years of the date of the CAPS. 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, including without
limitation all information the other parties to this agreement have regarding the
matters specified in Section 3.c.(i)through(iv) above.
Section 6. The School district will use its best efforts to construct schools and/or permanent
expansion/additions in accordance with the CIP referenced in Section 1 above.
Section 7. Orange County will use its best efforts to provide the funding to carry out the
capital facilities program 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 a residential development permanently restricted by law
and/or covenant to housing for the elderly and/or adult care living and/or adult
special needs, (b) for residential development permanently restricted to dormitory
housing for university students.
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.
lsg:orangecounty\MU-ORANG3clean.doc
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