HomeMy WebLinkAbout1999 NS Memorandum of Agreement for Providing Coordinated Site and Facility Planning 2 ►
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DRAFT
MEMORANDUM OF AGREEMENT
FOR PROVIDING COORDINATED SITE AND FACILITY PLANNING
This agreement between the Orange County and Chapel Hill/Carrboro Boards of Education and
the governing Boards of Orange County and the Towns of Chapel Hill, Carrboro and Hillsborough
is intended to establish and implement a coordinated site and facility planning process for schools
and compatible government facilities. The purpose of the coordinated planning process is to share
information among the parties to the agreement; optimize the collocation and use of schools and
other public facilities in a way that builds community, provides public services where they are
most needed, assures the compatibility of collocated services, and efficiently uses public
resources.
This agreement recognizes the existence of two school districts -the Chapel Hill/Carrboro School
District and the Orange County School District- and a Schools and Land Use Council for each
district. Decisions on collocation of facilities in the Chapel Hill/Carrboro School District may
involve the Chapel Hill/Carrboro Board of Education and any or all of the following units of local
government: the Town of Chapel Hill, the Town of Carrboro, and Orange County. Decisions on
collocation of facilities in the Orange County School District may involve the Orange County
Board of Education and one, or both, of the following units of local government: the Town of
Hillsborough and Orange County. Wherever possible, agreement/cooperation across school
district lines shall be pursued.
To further these goals, the Orange County and Chapel HiIU Carrboro Boards of Education and the
governing Boards of Orange County and the Towns of Chapel Hill, Carrboro and Hillsborough do
hereby agree to the following separate and shared responsibilities for coordinated facility planning
to the extent that it does not delay time critical construction of either school or government
facilities. These statements of responsibilities are intended to be consistent with all applicable laws
and regulations;where they are not,they are superseded by those applicable laws and regulations.
Specifically, this agreement is not intended to supersede the statutory authority of either Board of
Education to select school sites or to build, maintain or,repair school facilities or the other
governing Boards to approve the amounts to be spent for sites and to determine the funds available
for school and county or municipal facilities. This agreement does not supersede local
government planning and zoning authority and/or land use planning and zoning requirements.
I. The Orange County and/or Chapel Hill/Carrboro Boards of Education will:
A Identify appropriate site criteria for public school facilities; and
B. Identify interior and exterior space and exterior site requirements for school facilities; and
C. Begin a planning process after the internal/external space needs for collocated facilities are
determined; and
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D. Recommend school facility priorities, timetables for completion, and related funding
needs; and
E. Determine the most appropriate means of managing the construction, renovation, or repair
of public school facilities, within the funding available for these activities; and
F. Whenever possible, address joint collocation of facilities on each parcel of land being
considered for development; and
G. Assign to the superintendent the responsibility of providing the necessary staffing and
other resources to participate in a joint facility planning process.
II. When joint development (or cooperative development)of facilities are planned for a school
site, the Governing Boards of Orange County and/or the Towns of Chapel Hill, Carrboro and
Hillsborough will, as appropriate and in their respective interests:
A. Identify appropriate site criteria for county and municipal government facilities and
facilities in which contracted county or municipal services are provided; and
B. Identify interior space and exterior site requirements for county or municipal government
facilities and facilities in which contracted county or municipal services are provided; and
C. Determine priorities, timetables for completion, and related funding requirements for
county or municipal government facilities; and
D. Determine the most appropriate means of managing the construction, renovation, or repair
of county or municipal government facilities; and
E. Determine the funding available for school and county or municipal government facilities;
and
F. Assign to the County and/or Town Managers the responsibility of providing the necessary
staffing and other resources to participate in a coordinated facility planning process; and
G. Whenever possible, address joint collocation of facilities on each parcel of land being
considered for development.
III. The Orange County and/or Chapel Hill/Carrboro Boards of Education and the governing
Boards of Orange County and/or the Towns of Chapel Hill, Carrboro, and/or Hillsborough
will jointly:
A. Identify opportunities for collocating compatible public facilities on sites, including
facilities for schools, county government, municipal governments, state and federal
government, and other public authorities providing complementary public services; and
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B. Develop master site�plans on which public facilities will be collocated; and
C. Determine the most appropriate means of relating various public services on sites,
considering all program needs, and including opportunities for sharing spaces; and
D. Designate a lead jurisdiction in designing common facilities and include other jurisdictions
in design; and
E. Determine the most appropriate and effective means of coordinating the construction of
shared facilities located on common sites; and
F. Determine the most appropriate and effective means of coordinating maintenance of shared
public facilities located on common sites; and
G. Determine the most appropriate and effective means of scheduling and establishing fees for
usage of any shared public facilities on common sites; and
H. Determine the most appropriate and practical means of sharing operating costs for shared
public facilities on common sites; and
I. Determine the most appropriate and practical means of providing public ownership of sites
and site improvements where public facilities are collocated. Public ownership of sites
will be implemented in the following manner:
I. School sites will be owned in fee simple by the Orange County School Board and/or
the Chapel Hill-Carrboro City Schools Board or Orange County in those instances
where the financing of the purchase of the site or the financing of the cost of the
facilities on the site requires Orange County ownership.
2. Park sites will be owned in fee simple by the appropriate jurisdiction(i.e., County,
town)unless otherwise agreed.
A joint lease agreement will be signed between the appropriate parties setting forth the
conditions of the joint use area and facilities. Language will be included in the agreement
to address review and approval of joint use facilities and who bears the cost of installation/
construction and maintenance.
IV. The Orange County and Chapel Hill/Carrboro Boards of Education and the governing
Boards of Orange County and the Towns of Chapel Hill, Carrboro, and Hillsborough
will, as appropriate, jointly develop any interlocal agreements or understandings needed to
allow participation of other units of government in the collocation of public facilities.
V. This Memorandum of Agreement shall become effective upon approval by each governing
board and school board. It shall remain in effect until terminated by all parties to it. A party
may not withdraw from this agreement until it holds a public hearing on the proposed
withdrawal followed by written notices to the other parties within thirty(30) days of the
public hearing. The withdrawal shall be effective one(1)year following receipt by the other
parties of the written notice. Withdrawal of one party shall not invalidate the Memorandum
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of Agreement with respect to the remaining parties.
SCHOOLS AND LAND USE COUNCIL FOR SCHOOLS AND LAND USE COUNCIL
CHAPEL HILL/CARRBORO SCHOOL FOR ORANGE COUNTY SCHOOL
DISTRICT DISTRICT
CHAPEL HILL/CARRBORO ORANGE COUNTY
BOARD OF EDUCATION BOARD OF EDUCATION
ORANGE COUNTY ORANGE COUNTY
TOWN OF CARRBORO TOWN OF HILLSBOROUGH
TOWN OF CHAPEL HILL
H:SCHOODU/MOADM5.1OC