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HomeMy WebLinkAboutAgenda - 02-17-2003-8iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 17, 2003 Action Agenda Item No. ~ - I SUBJECT: School Adequate Public Facilities -Memorandum of Understanding Addendum DEPARTMENT: Planning & Inspections/ PUBLIC HEARING: (Y/N) No ATTACHMENT(S): SAPFO MOU Addendum for the Chapel Hill- Carrboro City Schools INFORMATION CONTACT: Craig Benedict, ext 2592 TELEPHONE NUMBERS: Hillsborough Chapel Hill Durham Mebane 732-8181 968-4501 688-7331 336-227-2031 PURPOSE: To consider approval of an amendment suggested by the Town of Chapel Hill to the Schools Adequate Public Facilities Ordinance (SAPFO) Memorandum of Understanding (MOU) that was approved by the Orange County Commissioners on December 10, 2002. BACKGROUND: On December 10, 2002 the BOCC approved the SAPFO MOU with two addenda: one for the Orange County School District (which suspended the Middle School Certificate of Adequate Public Schools (CAPS) adequacy test) and one for the Chapel Hill-Carrboro School District (which added extra language requested by the Town of Carrboro). The Town of Chapel Hill has requested that the language approved for Carrboro (relating to the interests of all parties to fund a sufficient Capital Investment Plan) be amended to apply also to Chapel Hill. The attached amendment to the addendum simply adds the Town of Chapel Hill's name to the existing addendum, which previously only included the Town of Carrboro. The Orange County School District MOU is left unchanged. FINANCIAL IMPACT: There is no financial impact associated with approving the MOU addendum, although the overall SAPFO system has substantial financial implications for the County's ten year Capital Investment Plan. RECOMMENDATION: The Manager recommends that the Board approve the SAPFO MOU addendum for the Chapel Hill-Carrboro School District. Approved by Orange County Board of Commissioners 12/10/02 a ADDENDUM TO SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Addendum to the Schools Adequate Public Facilities Memorandum of Understanding is entered into this day of , 20 , by and among the Town of Carrboro, the Town of Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County. WHEREAS, the Town of Carrboro, in a resolution approving 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"), sought assurance that its recommendation will be received and considered by the Orange County Board of Commissioners prior to the Orange County Board of Commissioners changing the projected student membership growth rate, the methodology used to determine this rate or the student generation rate; and WHEREAS, the Town of Carrboro, in a resolution approving the MOU, sought further clarification concerning the commitment it is making to the Schools Adequate Public Facilities Program as expressed by the following language contained in the resolution of the Carrboro Board of Aldermen approving the MOU: Carrboro intends to remain committed to the MOU only as long as the County continues to execute the CIP as agreed in the MOU. If the Carrboro Board of Aldermen find the County is no longer in compliance with the CIP as outlined in the MOU, Carrboro will no longer consider itself bound by this MOU and may consider repealing the Ordinance referenced in Section 2 [of the MOU]; and WHEREAS, Chapel Hill, the Chapel Hill-Carrboro City Board of Education and Orange County concur with the stated Carrboro concerns being made part of the MOU; NOW, THEREFORE, the parties to this Addendum to the MOU and to the MOU hereby agree that Section l .d. of the MOU is amended to read as follows: Section l.d. After the adoption of the ordinances referenced in Section 2, the Orange County Board of Commissioners may change the projected student membership growth rate, the methodology used to determine this rate, or the student generation rate if the Board concludes that such a change is necessary to predict growth more accurately. Before making any such change, the Board shall receive and consider the recommendation of a staff committee consisting of the planning directors of the Town(s) and the County and a representative of the School District appointed by the Superintendent. The committee shall provide, in a timely manner, a copy of its recommendation to the governing boards of the other parties to this memorandum at the time it provides such recommendation to the Board of Commissioners and the Board of Commissioners shall provide an Approved by Orange County Board of Commissioners 12/10/02 3 opportunity for those governing Boards to comment on the recommendation. In making its recommendation, the committee shall consider the following, and in making its determination, the Board of Commissioners shall consider the following: (i) The accuracy of the methodology and projected growth rate then in use in projecting school membership for the current school year; (ii) The accuracy of the student generation rate then in use in predicting the number of students at each level actually generated by each new housing type; (iii) Approval of and issuance of CAPS for residential developments that, individually or collectively, are of sufficient magnitude to alter the previously agreed upon school membership growth projections; or (iv) Other trends and factors tending to alter the previously agreed upon projected growth rates. If any such change is made in the projected growth rate, the methodology for determining this rate, or the student generation rate, the Orange County Board of Commissioners shall inform the other parties to this Memorandum prior to February 1 S` in any year in which such change is intended to become effective what change was made and why it was necessary. and that Section 9 of the MOU is amended to read as follows: 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. The Town of Carrboro and/or Town of Chapel Hill intends 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 and/or the Ch del Hill Town Council find Orange County is no longer in compliance with the CIP as outlined in the MOU, the Town of Carrboro and/or Town of Chapel Hill will no longer consider itself bound by this MOU and may consider repealing the Ordinance referenced in Section 2 of this MOU. This the day of , 20 Approved by Orange County Board of Commissioners 12/10/02 TOWN OF CARRBORO SEAL Attest: Town Clerk SEAL Attest: Town Clerk SEAL Attest: Clerk to the Board of Commissioners By: Mayor TOWN OF CHAPEL HILL By: Mayor ORANGE COUNTY Chair, Board of Commissioners By: THE CHAPEL HILL-CARRBORO CITY BOARD OF EDUCATION SEAL By: Chair ATTEST: Secretary 1sg:orangecounryU~10U addendum revised 11-27-02 3