HomeMy Public PortalAbout05-10-1999 Regular Session
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029
MINUTES
HILLSBOROUGH TOWN BOARD
May 10, 1999
7:15 PM, Town Barn
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The Hillsborough Town Board held a regular meeting on May lOth, 1999 at 7: 15 PM in the
Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sf., Commissioners,
Frances Dancy, Kenneth Chavious, Richard Simpson, Evelyn Lloyd and Catherine Martin (arrived
late). Staff present were Town Manager Eric Peterson, Finance Director Sherry Carter, Town Clerk
Donna Armbrister, Town Engineer Kenny Keel, and Planning Director Margaret Hauth.
Mayor Horace H. Johnson, Sr., called the meeting to order at 7:20 PM.
1. APPLICANT INTERVIEW
Town Board to interview volunteer applicant to fill Out-of- Town vacancy on Board of
Adjustment.
The Board Members interviewed Cannie Lloyd for an Out-of- Town vacancy on the Board
of Adjustment.
Commissioner Martin arrived a the meeting at approximately 7:28 PM.
2.
PUBLIC CHARGE
Mayor Horace H. Johnson, Sr., read the Public Charge.
3. ADDING ITEMS to THE PRINTED AGENDA
Mayor Johnson added a short discussion ofthe LOG Budget as Item 6.E.
4. AUDIENCE COMMENTS
A. Matters on the printed agenda
There were no audience comments.
B. Matters not on the printed agenda
There were no audience comments.
5. APPROVAL OF THE MINUTES OF THR APRTI, 12TH TOWN BOARD MRRTING,
AND THR APRTI, 27TH JOINT PUBLIC HEARING
Upon a motion by Commissioner Lloyd, seconded by Commissioner Martin, the Board
moved to approve the Minutes of the April 12th Town Board Meeting, and the April 27th Joint Public
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Hearing as presented by a vote of 5-0. The motion was declared passed.
6.
REPORT(S)
A. Presentation of State Treasurer's AccountinglFinance Award to the Town
Wanda Oakley of the NC Association of CPA's, Yusada Gaye and James Burke ofthe NC
Department of State Treasurer presented Town Manager Eric Peterson with the State Treasurer's
AccountinglFinance Award and commended him on innovation using the multi-year forecasting
component of the Town's Budget.
B. Receive information regarding draft lease with the State for Occonecchee Mountain
Park and related issues
Planning Director Margaret Hauth introduced Mr. Kim Huband, Park Planner with
NCDENR.
Mr. Huband reported to the Board on the Division's plans for interim use of the park area and
discussed their long-term conceptual plan. He stated that the Division would prefer not to have the
Town construct a parking lot near the river offEno Mountain road explaining that for a park area
of this size, they would prefer to have one entrance, one gate to open and close, and one area for
trash pickup. There will be a visitor contact station, public parking and sanitary facilities located
near the ponds on the other side ofthe Mountain, and that location is also easily reached by Town
residents and other park visitors. For environmental reasons NCDENR would like to avoid
construction along the river. Public safety should be enhanced by having one entrance located
adjacent to ranger housing.
Mr. Huband also introduced Eno River Superintendent Dave Cook, North District
Superintendent Susan Tillotson, and Head of the Natural Resources Program Sue Regier.
Sue Regier explained that NCDENR would prefer to have a separate agreement with the
Occaneechi Band of the Saponi Nation for the use of the park for ceremonies and Indian Tribe's
usage of the facilities.
C. Approval of a Resolution Opposing CP&L's use of Shearon Harris Nuclear Plant for
Additional Storage of Nuclear Waste. Jim Warren will address the Board.
Mr. Jim Warren with NC WARN (Waste Awareness & Reduction Network) addressed the
Board asking them to consider approval of a Resolution which would oppose CP&L's use of
Shearon Harris Nuclear Plant for additional Storage of Nuclear Waste.
Mr. Warren cited (also noted in the Resolution) that during a six week period ending in mid-
march 1999, there were three accidental shutdowns of the Harris reactor. He reported that even the
Nuclear Regulatory Commission (NRC) - an agency with a well-known history of bias toward the
industry - acknowledged in a 1997 study that the probability of HL W pool accidents is higher than
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previously believed and could result in tens of thousands of cancer deaths within 50 miles around
a plant, and where NRC information indicates the cumulative probability of one type of severe
accident is 1 in 125.
Upon a motion by Commissioner Martin, seconded by Commissioner Lloyd, the Board
moved to approve the Resolution Opposing CP&L's use of Shearon Harris Nuclear Plant for
Additional Storage of Nuclear Waste as presented by a vote of5-0. The motion was declared passed.
A copy of the Resolution is hereby made a part of these Minutes as an Attachment.
D. Presentation of Proposed FY 99-00 Budget
Town Manager Eric Peterson presented the Proposed FY 99-00 Budget and reviewed the
Town's financial condition with the Board.
Manager Peterson reminded the Board that the Budget Work Session is scheduled for
Monday, May 17th at 7:00 PM in the Town Barn and the Public Hearing is scheduled for Thursday,
May 20th at 7:00 PM also in the Town Barn.
Added Item 6E. LOG Budget
Mayor Johnson reported information from the last LOG meeting. The Preliminary Report
on the 1999-00 Landfill Fund Budget shows a proposed increase in tipping fees for Mixed Solid
Waste and Construction & Demolition Waste of$1/ton each.
7. REPORT FROM THE TOWN MANAGER
Town Manager Peterson informed the Board of a current violation of Chapter 10 of the Town
Code which prohibits roosters withing the Town's corporate limits. This case will be handled by
the Court System.
Manager Peterson reported that the Town has received a bid on the construction of the
observation deck at Occonecchee Mountain Park and staff will bring this information to the Board
for consideration at their June meeting.
8. REPORT FROM TOWN ENGINEER
Town Engineer Kenny Keel gave a status report on all current water and sewer projects.
9. ITEMS FOR DECISION -- CONSENT AGENDA
A. Approval of a Proclamation "Pause for the Pledge of Allegiance to the Flag"
B. Consider Support for a Public Safety Driver Training Facility in Sanford
C.
Approval of Resolution Authorizing the 1999-2000 HOME Program Design
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D. Consideration of Paving Bid Award for resurfacing of Sweet Gum Drive
Upon a motion by Commissioner Dancy, seconded by Commissioner Martin, the Board
moved to approve Items A, B, C, and D on the Consent Agenda as presented by a vote of 5-0. The
motion was declared passed. Copies of the Item 9.A. Proclamation, the Item 9.C. Resolution, and
the Item 9.D. Paving Bids are hereby made a part of these Minutes as an Attachment.
10. ITEMS FOR DECISION -- REGULAR AGENDA
A. Consider changing the June meeting date
By consensus, the Board agreed to change the June Board Meeting Date to June 21 st.
B. Consideration of amendment to Chapter 6, Section 6A-12 Speed Limits, to make
Hillsborough Avenue from King Street to SRl163 (Calvin Street) 25 MPH
By consensus, the Board agreed to table this Item until the June meeting in order to obtain
additional information on the reasons for this amendment.
C. Consideration of Memorandum of Agreement for Providing Coordinated Site and
Facility Planning
Commissioner Martin made a motion that the Board approve the Memorandum of Agreement
for Providing Coordinated Site and Facility Planning in concept but stated that it needs clarification
on certain issues. Commissioner Chavious seconded this motion.
After some discussion, Commissioner Martin withdrew her motion.
Upon a motion by Commissioner Dancy, seconded by Commissioner Martin, the Board
moved to approve the Memorandum of Agreement for Providing Coordinated Site and Facility
Planning and authorized the Town Manager to write a letter expressing the Board's concerns
regarding certain specifics of the Agreement and the involvement of the Parks and Recreation Boards
by a vote of 5-0. The motion was declared passed.
D. Discuss an Ordinance revision request from a citizen regarding barking dogs
After discussion of this request, and by consensus, the Board directed staff to forward this
complaint to the Orange County Animal Control Division and to report back to them on the status
of the issue at the June Board Meeting.
E. Request from Cy Hogue to extend Town's ETJ to the Paliouras property
Commissioner Martin requested to be excused from the vote on this Item due to a possible
conflict of interest. Upon a motion by Commissioner Simpson, seconded by Commissioner Lloyd,
the Board moved to excuse Commissioner Martin from the vote on this Item by a vote of 4-0. The
motion was declared passed.
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Mayor Johnson reminded the Board ofthe report from the Police Chiefthat was given at the
time the Town considered annexing this property which detailed the number of calls the Police
Department was getting on this area.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board
moved to deny the request to extend the Town's ETJ to the Paliouras Property by a vote of 4-0. The
motion was declared passed.
Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board
moved to allow Commissioner Martin to return to the meeting by a vote of 4-0. The motion was
declared passed.
F. Discuss the Request for Qualifications (RFP) Process of Selecting an Engineering
Firm to perform the design work for the Water Plant Expansion Project
Town Engineer Kenny Keel reported that he and the Town Manager had reviewed the
Proposals (Statements of Qualifications) received on the design work for the Water Plant Expansion
Project and had narrowed it down to two top candidates which were Finkbeiner, Pettis & Strout, Ltd.
and W.K. Dickson. Engineer Keel stated that he and the Town Manager felt confident that either
firm could do a good job for the Town.
Engineer Keel and Manager Peterson discussed the differences in the prices of the quotes and
gave the Board members copies of both proposals for their review.
By consensus, the Board authorized staffto proceed with further negotiations and bring back
a recommendation at the May 20th meeting.
11. APPOINTMENTS
A. Appoint David Daniel to fill Planning Board representative vacancy on the Vision
2010 Task Force beginning July 1, 1999
B. Appoint John Taylor to fill Planning Board representative vacancy on the Board of
Adjustment
C. Recommend appointment of Cannie Lloyd to fill Out-of- Town vacancy on Board of
Adjustment
Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board
moved to approve Appointments A and B, and approve Recommended Appointment C as presented
by a vote of 5-0. The motion was declared passed.
12. CLOSED SESSION
A.
Closed Session to discuss Reservoir Litigation.
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Upon a motion by Commissioner Chavious, seconded by Commissioner Lloyd, the Board
moved to go into Closed Session for the purpose of discussing Reservoir Litigation by a vote of 5-0.
The motion was declared passed.
13. ADJOURN
Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board
moved to adjourn at II :00 PM by a vote of 5-0. The motion was declared passed.
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Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
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A IU:SOLUTION ON NUCLEAR SAFKIY IN CENTRAL NC
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We request tbe earnest consideration oftbe following intomliJtion
whicll is of grave conccm re/{".mWJg public healul ul/o/JgllOut cenlrJ.i Nortb Quolilla.
We urge organizltions and insatutions small ;l1Id /arge to infoITn ulemsclvcs illld to
collSider adopaon of uill or a s/nl/lar resoluaon
@ Whereas
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Carolina Power & Light (CP&U seeks a federal license amendment to double its High-Level nuclear waste
storage at lhe Shearon Harris nuclear plant in central North Carolina, and admits Ule plant would become
Ule nation's largest approved storage site for highly irradiated used nuclear fuel rods or High-Level waste
(HLW).
@ Whereas
,
Used nuclear fuel is one of Ule dea<Uiest materials on earth and Ulcreforc, under federal law, must be kept
out of our environment for 10,000 years, and whereas problems wiUI storage of HLW in cooling pools can
lead to meltdowns, ftres and other accidents causing radiation releases into the atmosphere.
@ Whereas,
Nuclcar generating and waste storage facilities rely on highly complex systems whicll arc susceptible to
tecllllical and human error, as evidenced by die 3 accidental shutdowns of Ule Harris reactor dw'ing a six-
week period ending mid-March 1999.
@ Whereas,
Even Ule Nuclear RegulatOlY Commission (NRC) - an agency with a well-k1IOWll history of bias toward the
indusUy - acknowledged in a 1997 study Ulat Ule probability of HLW pool accidents is higher Ulan
previously believed and could result in tens of UlOusands of cancer deatlls within 50 miles arowld a plant,
<I!ld whcre NRC information indicates the cumulative probability of one type of severe accident is 1 in 125.
@ Whereas,
Two OrUIC world's top nuclear safety experts, Gordon T11Ompson and David Lochbaum, have raised
.erous specific concems witll CP&L's proposal, including its wl~recedented plan to eliminate Ule
ate cooling and primary and emergency electrical systems originally designed for the new pools, in
.r to minimize costs, where such alteration places an additional burden on safety systems for U1C reactor.
.@ Whereas,
'Jbompson and Lochbawll agree - nor can the company deny - tllat tllere are a number of initiating factors
including earthquakes, equipment failures or loss of electrical power due to weatller or other reasons, whieh
could lead to full or partial loss of cooling water resulting in spontaneous conibustion of HLW or even
meltdown-type accidents.
@ Whereas,
Cesiwn 137 is a powerful gamma-emitter and tlle JIlost damaging substance released from tlle 1986 accident
at Chemobyl, and whereas 'nlOlllpson allCl Lochhalllll concludc Ulat iUl accident at Harris could release
into the almosphere ten times - or more - Cesium 137 than released at ChemobyJ.
@ Whereas,
CP&L's pool expansion would cause at least a doubling of crane loading and handling of multi-ton fuel rod
assemblies and waste casks, therefore at least doubling the probability of handling accidents.
@ Whereas,
Due to ongoing uncertainly as to wheUlcr a permanent disposal option for HLW will be approved in Ule
foreseeahle lilture, Ulere is a likelihood Ulat HLW would be stored at Harris lor a Humber of decades, or
possibly longer, in cooling pools intended only for short-tenn use, Ulerefore increasing Ule risk of accidents.
@ Whereas,
TerrorislIl is increasingly seen as a kgitillla.tc Ulreat in tlle U.S, and uuclear facilities are regarded as
potentiallargets by Ule U.S. govemrnent.
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more >>
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* Whereas, .
CJ>&L has rejcctcd numerous requcsts to justify its proposal to tlle public or to address safety conccflls
idenlified by '1llOmpson and Lochbaum, and additionally, CP&L has even moved legally to prevent a
public hearing sought by Orange County to air some of tllcse issucs witll tllC NRC.
* Whereas,
'Illc cuncnt cvacuation plan for thc Harris facility was controvcrsial when first developed in 1986, and has
not been updated to account for the tremendous growth tl.is region has cxperienced since that time, and
IJIIIS GUillOt ;L~surc Ihe safe removal of residenl.~ dllling potential accidents.
* Whereas,
Communities near Harris - and Ule greater region - already bear an undeniablc and signilicalll risk from
IJIC existing reactor and waste storage, handling and transport systems, and wherea.~ UIC expansion is sought
to accommodate waste from CP&L's reactors in oUlcr areas.
* Whereas,
Dry ca.~k storage at the generating reactors is a safer storage option, as ac:knowledged by'lllOmpson and
Lochbaum, and is even deemed by tJlC NRC 10 be Icss prone to failure than cooling pools; and wherea.~
Cl'&L states tllat dry casks are equally safe as pool storage and Ulat its expansion is ba.~ed on cost savings.
* Whereas,
Dry storage at the generating reactors would cost CP&L only aJJ estimated $31 million extra, over a 1.5 year
period, which is a small fraction of CP&L's net profit of $339 million for 1998 alone, and small compared
to il.~ budget for public relations, image advertising, and lobbying of elected officials (totaling many millions
each year).
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* Whereas,
All citizens at risk of exposure' to radiation from accidental releases have the democratic right to have a
genuine voice in such an import.Ult maUer. And wherea.~ CPL, by refusing and/or blocking efTort~ to justify
its plan to local governments, ha.~ chosen an adversarial st.Ulce toward Ule public, despite Ule calls from nine
local government~, citizen organi7AJ.lion NC WARN, editorial boards from various regional media, and
members of the public nearest the facility and throughout the region encouraging Cl'&L to engage in an
open examination ofUle safety issues sunounding its proposal.
* Tbercforc,
We hereby resolve to call on CP&L to meet iL~ responsibilities as a corporate citizen by:
I) Withdrawing it~ application to license waste pools C and 0 for expanded storage at Ule Harris plant.
2) Immediately begin to phase-out the import of HLW to Harris so a.~ to minimize additional risks placed
on tlle public by storage in high--density pools, and to revert to the safer option of dry-cask storage at the
generating reactors.
Town of HillsborouRh
Org;mimlion or Business
05-10-99
D..le
Org:u-tir.ttion Address:
Phone and/or F~nail:
POBox 429. HillsborouRh. NC
91 - 32-2104 E-Mail:
Please rctum 10
NC WARN (lVasle AlPdIencss & Reduction NetworK)
1'0 Box 61051
Durham. NC 27715-1051
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Phone 919-490-0747
Fax 91 9-493.()(j 14
FJ11aiJ NC- WARN@POBOXCOM
April 1.9.99
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RESOLTUION AUTHORIZING
THE 1999-2000 HOME PROGRAM DESIGN
BE IT RESOLVED, by the Hillsborough Town Board of Commissioners, that the Commissioners
as a member of the Orange County HOME Consortium approve the following activities for the 1999-2000
HOME Program.
New Construction
Finds would be allocated to Orange Community Housing Corporation, an approved Community Housing
Development Organization (CHDO) to assist in the construction of fourteen (14) new townhouses on
Scarlett Drive ($74,000) and thirty-two (32) townhouses in the Meadowmont development.
$94,000
Housine Rehabilitation
Funds would provide deferred loans to rehabilitate low-income owner-occupied and rental housing units.
Homeowners with less than 60% of the median income would be eligible for these loans.
$147,628
Funds would be allocated for the Urgent Repair Program administered byt eh Orange Community
Housing Corporation. Eligible properties must have repair needs that pose a threat to the life, safety, or
health of the occupants, or need accessibility modifications for an elderly or disabled occupant earning
less than 50% of the median income.
.rouertv ACQuisition
Funds would be used
necessary, rehabilitate
disabilities.
$60,000
to assist the Orange-Person-Chatham Mental Health Agency acquire, and if
houses in Orange County for rental occupancy by County residents with
$60,000
Funds would be allocated to Habitat for Humanity of Orange County, Inc. to acquire lots for future
building purposes.
$50,000
Funds would be allocated to EmPOWERment, Inc. to assist in the purchase of an eleven (11) unit
apartment complex in the Carr Court neighborhood in Carrboro. EmPOWERment, Inc. would renovate
the building and make the apartments available to families at 50% and below of median income.
$100,000
$43,700
Proeram Administration
TOTAL PROGRAM FUNDS $555,328
BE IT FURTHER RESOLVED, that the Manager is hereby designated as the authorized
representative of the Town to act in connection with the submission of this revision and to provide such
~arlditional information as may be required by the U.S. Department of Housing and Urban Development.
ThIS the 10th day of May, 1999. ~~ _ ....._ ~
Horace H. Johnson, Sr. , Mayor
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PROCLAMATION
20th Arumal National
PAUSE FOR THE PLEDGE OF ALLEGIANCE
to the Flag
WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official
Flag of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated
"NATIONAL FLAG DAY;" and
. WHEREAS, the Congress has requested the President to issue annually a proclamation
designating the week in which June 14 occurs as "NATIONAL FLAG WEEK", and
WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to
conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF
ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and
WHEREAS, by Act of Congress, dated June 20,1985, Public Law 99-54 was passed to have
the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day
throughout the nation; and
WHEREAS, Flag Day celebrates our nation's symbol of unity, a democracy in a republic,
and stands for our country's devotion to freedom to the rule of all, and to equal rights for all;
NOW, THEREFORE, I Horace H. Johnson, Sr., do hereby proclaim June 14, 1999 as Flag
Day of North Carolina and urge all citizens of Hills borough to pause at 7:00 p.m. EDT on this date
for the 20th annual National PAUSE FOR THE PLEDGE OF ALLEGIANCE to the Flag and join
all Americans in reciting the Pledge of Allegiance to the Flag of the United States of America.
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Horace H. Jo~ayor
Town of Hills borough
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ATTACHMENT 10. C
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(1 of 4)
DRAFT
MEMORANDUM OF AGREEMENT
FOR PROVIDING COORDINATED SITE AND FACILITY PLANNING
This agreement between the Orange County and Chapel HilV 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 HiIVCarrboro 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 oflocal
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 HiIV 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.
1. The Orange County and/or Chapel HilVCarrboro 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; arid
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.
n. 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:
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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
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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:
1. School sites will be owned in fee simple by the Orange County School Board and/or
the Chapel HiII-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 interIocal 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
042 .
of Agreement with respect to the remaining parties.
(4 of 4)
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SCHOOLS AND LAND USE COUNCIL FOR
CHAPEL HILL/CARRBORO SCHOOL
DISTRICT
CHAPEL HILL/CARRBORO
BOARD OF EDUCATION
ORANGE COUNTY
TOWN OF CARRBORO
TOWN OF CHAPEL HILL
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H:SCHOOLLU/MOADRFT5.rxx::
SCHOOLS AND LAND USE COUNCIL
FOR ORANGE COUNTY SCHOOL
DISTRICT
ORANGE COUNTY
BOARD OF EDUCATION
ORANGE COUNTY
TOWN OF HILLSBOROt\UGlb
~4V-'IP ~--' ~~ ~~