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HomeMy WebLinkAboutAgenda - 05-04-2004-7cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 4, 2004 Action Agend Item No. "~-G SUBJECT: Schools Adequate Public Facilities Ordinance (SAPFO) -Technical Advisory Committee Annual Report DEPARTMENT: Manager/Budget/Planning/ PUBLIC HEARING: (Y/N) No Attorney ATTACHMENT(S): SAPFO Memorandum of Understanding and Addendum Draft SAPFOTAG Annual Report (under separate rover) INFORMATION CONTACT: Rod Visser, ext 2300 Donna Dean, ext 2151 Craig Benedict, ext 2592 Geof Gledhill, 732-2196 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To receive a preliminary report on the student membership and capacity of the Orange County Schools (OCS) and Chapel Hill-Carrboro City Schools (CHCCS) as of November 15, 2003, and on related issues as outlined in the draft Annual Report of the SAPFO Technical Advisory Committee (SAPFOTAC). BACKGROUND: In summer 2003, Orange County, the Towns of Carrboro, Chapel Hill, and Hillsborough, and the Boards of Education of the Chapel Hill-Carrboro City Schools (CHCCS) and Orange County Schools (OGS) reached agreement and became signatories to Memoranda of Understanding (MOUs) related to the Schools Adequate Public Facilities Ordinance (SAPFO), SAPFO provides a mechahism for tying the pace of residential development to a reasonable and sustainable schedule for the construction of new school space to accommodate students who will live in the new residential development. Copies of the MOU and addendum for Orange County, CHCCS, Chapel Hill and Carrboro are attached far reference purposes (the MOU and addendum for Orange County, OCS, and Hillsborough contain similar provisions). Among the SAPFO provisions is a requirement that the County and its partners review and certify the actual number of students attending school in both school systems each November 15. There is also a requirement to certify the building capacity available in each system at the elementary, middle and high school levels. The SAPFO Technical Advisory Committee, comprised of representatives of both school systems and the Planning Directors of the County and Towns, also is tasked to produce an annual report for the governing boards of each SAPFO partner outlining changes in membership, capacity, student projections, and their collective impacts on the future issuance of Certificates of Adequate Public Schools (CAPS) to requesting z developers. The County's Planning Director will briefly explain the annual report development process and point out some of the significant implications of this year's analysis. County, municipal, and school staff have collaborated to run the November 15, 2003 student membership numbers through the approved ten-year student projection models. The results are included in tables in the draft SAPFOTAC report.. Approval of the building capacity calculations and student membership projections will be scheduled for a subsequent BOCC meeting. A significant outstanding issue remains for the Board's consideration, with no decision being asked of the Board at this meeting, That issue involves recent determinations by the State of North Carolina that class size in grades kindergarten through 2 (K-2) must be reduced from a ratio of 23 students to 1 teacher to 21 to 1. The County Attorney and Planning Director will discuss potential implications of the updated capacity and membership figures as they relate to the provisions of the School Adequate Public Facilities ordinance and MOUs. The student projection tables in the draft SAPFOTAC annual report reflect that total student membership in OCS (elementary, middle, and high school combined) as of November 15, 2003 was 6,503. The State Department of Public Instruction's (DPI) March 2003 Average Daily Membership (ADM) planning number was 6,498. The November 15, 2003 actual membership number for OCS is 143 higher than the actual membership as of November 15, 2002 of 6,360. CHCCS actual membership (elementary, middle, and high schaal combined, less UNC Hospital School students) as of November 15, 2003 was 10,634. DPI's March 2003 ADM planning number for CHCCS was 10,649. The November 15, 2003 actual membership number for CHCCS is 313 higher than the actual membership as of November 15, 2002 of 10,321. FINANCIAL IMPACT: Precise financial impacts cannot be determined, but the changes in projected building capacity and growth in student membership for the next ten years will have impacts on future operating and capital budgets measured in the tens of millions of dollars. RECOMMENDATION(S): The Manager recommends that the Board: 1) receive the report; 2) pose any questions needing further staff analysis prior to the Board's approval of membership and capacity figures at a future BOCC meeting; and 3) provide any appropriate direction to staff. SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this day of , 200_, by and between the Town of Canbor°o, the Town of Chapel I-Iill, the Chapel Hill- Carrboro City Board of Education and Orange County (the "School District"). WHEREAS, the portion of Oratrge County, served by the Chapel Hill/Carrboro 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 acconunodate the children who reside within new developments; and WHEREAS, the responsibility for plamiing for and constructing new school facilities lies primarily with the Chapel Hill/Carrboro School Board, with fiurding provided by Orange County; and WHEREAS, Chapel Hill, Carrboro, Orange County and the Chapel Hill School District, have recognized the need to wont 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 wonted 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 hrvestment 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% ofBuilding Capacity High School 110% of Bnilding 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) acrd malting adjustments for withdrawals, dropouts, deaths, retentions and promotions. Students who are merely absent from H:\DEPTS\SCHOOLS\Sch°oISAPFO\apprMOUchccs062303 d°c y 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 thus five (5) school days after November 15, Within fifteen (IS) school days after receiving the school membership calculations from the School District, the Boazd of Cotmty Conunissioners shall approve the School District's school membership calculations,. 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 Conunissioners) and will be determined by a joint action of the School Board and the Orange County Board of Conunissioners. As used herein the term "building capacity" refers to permanent buildings. Mobile classrooms and other temporary student acconmiodafing classroom spaces are not permanent buildings and may not be counted in determining the school districts building capacity, The School District shall transmit its building capacity to the parties to this agreement no later than five (5) school days after November 15. Within fifteen (15) school days after receiving the building capacity calculations from the School District, the Board of County Commissioners shall approve the School District's building capacity calculations. c_ Prior to the adoption of the ordinances referenced in Section 2, the parties shall reach agreement on the foliowing: (i) A Capital Improvement Program (CIP) that will achieve the objectives of this Memorandum; (ii) A projected growth rate for sh\dent membership within the School District's tlu-ee school levels during the ten year life of the CII'; (iii) A methodology for determining the projected grrowflr 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 reconunendation 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, in a timely mamier, a copy of its recommendation to the governing bonds of the other parties to this memorurdum at the time it provides such recommendation to the Board of H:\DEPTS\SCHOOLS\SchooisAPFO\apprMDUchccs062303 doc 2 Commissioners and the Board of Commissioners shall provide an opportunity for those governing Boards to connnent on the recommendation. hr malting its reconunendation, the committee shall consider the following, and in malting its determination, the Board of Commissioners shall consider the following: (i) The accuracy of the methodology and projected growth rate then in use in prrojecting 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 151 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, conceptually similar to that 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 November 15`h 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 15`x' of that year. Also on November 15°i of each year, the School District shall calculate the projected building capacity for each school level and the projected school membership for H:\DEPTS\SCHOOLS\SchoolsAPFO\apprMOUchccs062363 dot 3 each school level as of November I S°' in each of the following ten years. These calculations shall be made in accordance with the provisions of Section l.a and Section l.b, and also in accordance with the remaining provisions of this section. b. On November 15°i of the year in which the calculation above is made, the school building capacity numbers and the school membership numbers as of November 15`h of that year are Imown Figures (i.e. not projections). The twelve month period begimxing on November 15°i of the year in which the calculation is made and ending on November 14°i of the following year is referred to as the "base year." c. Projections of school building capacity as of November 15°i in each of the ten years following the base year shall be derived from 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. Lx the frst year in which the ordinance adopted pursuant to this Memorandum becomes effective, school membership figures as of November 15°i in each of the succeeding ten years shall hiitially be assumed to be the same school membership figures as are determined for the base year. As CAPS are issued during the base year, school membership figures for the base year azid succeeding years shall be modified to reflect the additional students from the developments for which CAPS are issued. e. On each November 15°i following the first year in which the ordinance adopted pursuant to this Memorandum becomes effective, school membership figures as of November 15°i in each of the succeeding ten years shall be determined by adding to the school membership figures for the base year the number of students projected to be added to the schools in each successive year by developments for which CAPS have been isstted in accordance with this section. f When an application for a CAPS is submitted, the School District shall determine the impact on school membership for each school level as of November 15°i 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. hi malting this determination, the School District shall rely upon the figures established colder 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 H:\DEPTS\SCHOOLS\SchooisAPFO\apprMOUchcc5062303 dot 4 planning department as to the expected rate at which new dwellings within developments similar in size and type to the proposed development aie likely to be occupied. Notwithstatrding the foregoing, if, upon request of the applicant, the plamling ,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. The School District shall determine the amount of available capacity in each school level as ofNovember- 15°i in the base year and each November I5`h 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 yeaz (as determined in accordance with subsection 3.f above). The School District shall make that information known to the parties to this ab Bement within 15 days of the comparison. 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 Section 1 of this Memorandum then the School Dishict shall issue the CAPS. If the School District deterrnines 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 I, then the School District shall deny the CAPS. If a CAPS is denied, the applicant may seek approval firom 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 comrection 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 Dishict 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 permanent 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 bnprovement Plan referenced in Section 1 above. H:\DEPTS\SCHOOLS\SchooisAPFO\apprMOUchccs062303doc $ () Section 8. In recognition of the Fact that some new development will have a negligible impact on school capacity, a GAPS shall not be required under the following circumstances: a. For residential developments restricted bylaw 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; 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 atry 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 matuler 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,. The Town of Carrboro and the Town of Chapel Hill intend to remain committed to the MOU only as long as Orange County continues to execute the CIP as agreed in the MOU. If the Carrboro Board of Aldermen finds Orange County is no longer in compliance with the GIP as outlined nr the MOU, the Town of Carrboro will no longer consider itself bound by this MOU and may consider repealing the Ordinance referenced in Section 2 of this MOU_ If the Chapel Hill Town Council finds Orange County is no longer in compliance with the CII' as outlined in the MOU, the Town of Chapel Hill will no longer consider itself bound by tlris MOU and may consider repealing the Ordinance referenced in Section 2 of this MOU. This the day of , 20 SEAL Attest: Town Clerk TOWN OF CARRBORO By: Mayor H10EPTS\SCHOOLS\SchoolsAPFO\apprMOUchccs062303 doc ~ TOWN OF CHAPEL HILL SEAL Attest: Town Clerlc By: Mayor THE CHAPEL HILL-CARRBORO BOARD OF EDUCATION SEAL By: Chair Attest: Secretary SEAL Attest: Clerk to the Board of Commissioners tsg:ormigecounty\mou for chccs eb version with geg chgs ctcan doc ORANGE COUNTY By: Chair, Board of Commmissioners H:\OEPTS\SCHOOLS\SchoolsAPF0lapprMOUchcc5062303 doc ~~ ADDENDUM TO SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Addendum to the Schools Adequate Public Facilities Memorazidum of Understanding is entered into this day of , ZO_, by az1d among the Town of Carrboro, the Town of Chapel Hill, the Chapel Hill-Canboro City Board of Education and Orazlge County. WHEREAS, school membership within the high school level in the Chapel Hill-Carhoro 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 plamring stage, on the Orange County 10-year CIP azld funding is expected to be committed to the Chapel Hill-Canboro City Board of Education capital expense fiord 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; azrd WHEREAS, it is anticipated that the third high school in the Chapel Hill-Carrborro 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 200.3 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°i in the base year and each November 15'h 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). The School District shall make that information known to the parties to this agreement within 15 days of the comparison. 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 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 acconunodate 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 begimming the effective date of the ordinances referred to in Section 2 of this MOU azid terminating on the day on which the third high school within the Chapel Hill-Carrboro City School Dishict 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%ofBuilding 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: Elementary School 105% ofBuilding Capacity Middle School 107%ofBuilding Capacity High School 110%ofBuilding Capacity This the day of , 20_ TOWN OF CARRBORO SEAL, Attest: Mayor By: Town Clerlc is SEAL Attest: Town Clerk SEAL, ATTEST: Secretary SEAL Attest: Clerlc to the Board of Commissioners TOWN OF CHAPEL HILL By: Mayor THE CHAPEL HILL-CARRBORO CITY BOARD OF EDUCATION By: Chair ORANGE COUNTY By: Chair, Board of Commissioners Isg:orangecounty\MOU addendum chccs high school 6-23-03 clean doc