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HomeMy Public PortalAbout09-09-2002 Regular Session . . . 076 Town I of Hi]~ _ . gh AGENDA mLLSBOROUGH TOWN BOARD September 9, 2002 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on September 9, 2002 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and Commissioners Frances Dancy, Evelyn Lloyd, Mark Sheridan, Kenneth Chavious and Michael Gering. Staff present were Assistant Town Manager/Public Works Director Demetric Potts, Town Clerk Donna Armbrister, Planning Director Margaret Hauth, Finance Director Sherry Carter, Fire Marshal/Code Enforcement Officer Todd Chavious, Town Engineer Kenny Keel, Police Chief Nathaniel Eubanks, and Town Attorney Nick Herman. Mayor Joe Phelps called the meeting to order at 7:30 PM. 1. PUBLIC CHARGE Mayor Joe Phelps read the Public Charge. 2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED AGENDA Robert Sprouse requested to be added to the agenda to report on his new car wash business. By consensus, this was added as Item 10.0. Assistant Town Manager/Public Works Director Demetric Potts requested the Board remove Item 1O.G from the agenda and asked that it be considered at the October meeting. By consensus, the Board agreed. 3. AGENDA CHANGES & AGENDA APPROVAL By consensus, the Board approved the printed agenda with the addition ofItem 10.0 Car Wash Business Report, and the deletion ofItem 10.G. 4. APPOINTMENTS A. Appoint Dallas Pridgen to serve a two-year term ending 09-2004 on the Tourism Board "- Upon a motion by Commissioner Gering, seconded by Commissioner Dancy, the Board moved to appoint Dallas Pridgen to serve a two-year term ending 09-2004 on the Tourism Board by a vote of 4-0. The motion was declared passed. B. Appoint Silvie Fox to serve a three-year term on the Parks & Recreation Board Upon a motion by Commissioner Sheridan, seconded by Commissioner Chavious, the Board moved to appoint Silvie Fox to serve a three-year term on the Parks & Recreation Board by a vote of 4-0. The motion was declared passed. Commissioner Evelyn Lloyd arrived at the meeting at 7:36 PM. 5. APPROVAL OF THE MINUTES OF THE JULY 8, 2002 REGULAR BOARD MEETING, THE JULY 9, 2002 JOINT PUBLIC HEARING, THE JULY 22, 2002 MONTHLY . . . 077 WORKSHOP, THE JULY 23, 2002 JOINT PUBLIC HEARING, THE AUGUST 5,2002 SPECIAL STRATEGIC GROWTH MEETING, AND THE AUGUST 27, 2002 SPECIAL MEETING Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve the Minutes of the July 8, 2002 Regular Board Meeting, the July 9,2002 Joint Public Hearing, the July 22, 2002 Monthly Workshop, the July 23, 2002 Joint Public Hearing, the August 5, 2002 Special Strategic Growth Meeting, and the August 27, 2002 Special Meeting as presented by a vote of 5- O. The motion was declared passed. - 6. REPORTS A. Report from the Fire Marshal/Code Enforcement Officer regarding nuisance properties Fire Marshal/Code Enforcement Officer Todd Chavious reported the Town has identified 143 nuisance properties according to the Town Code. The staff is proposing to address this situation through a multi- stage effort, if approved by the Board. First, a "friendly compliance letter" would be sent to the property owner informing them I) of the specific code violation that has been observed on their property, 2) letting them know that the Town is taking the step of informing them so as to request their voluntary compliance and thus avoiding the formal Notice of Violation and Nuisance Abatement procedures, 3) this is a town-wide effort that is being supported by the Board of Commissioners to improve the appearance of HilIsborough and that many other property owners are also being contacted, 4) if the situation is not abated within 30 days the formal process for abating the nuisance will be initiated, and 5) to feel free to contact the Fire Marshal/Code Enforcement Officer if there has been a mistake by the staff in identifying their property as a potential code violation, if they have any questions, or if they've brought their property into compliance. B. Certificate of Achievement for Excellence in Financial Reporting Mayor Joe Phelps reported that the Town has again, for the 8th consecutive year, received the Certificate of Achievement for Excellence in Financial Reporting. . 7. REPORT FROM THE TOWN MANAGER Assistant Town Manager/Public Works Director Demetric Potts reported that the Town has just undergone a voluntarily requested safety inspection by OSHA. The OSHA Inspector discovered approximately 36 "areas of concern" and has given the Town between 30 and 90 days to rectify these concerns. Departments have been informed of these violations and their deadlines and are working diligently to implement the necessary remedies. The Commercial Garbage Collection has begun by Waste Industries. There are still a few small businesses that Waste Industries has not contacted and Assistant Manager Potts is working with them to assist in getting them on Waste Industries' pickup schedule. 8. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel gave a status report on all current water/sewer projects. 9. ITEMS FOR DECISION - CONSENT AGENDA A. Approval of an Ordinance amending Chapter 4, Section 4-18 of the Town Code to establish that town employees who drive town vehicles will be subject to a semi-annual driver's license check B. Approval of a Proclamation Remembering September II, 2001 2 . . . 078 C. Approval of a Proclamation in Memory of J. Frank Ray D. Approval of an Ordinance amending Chapter 6, Section 6-23 of the Town Code to prohibit parking on a sidewalk or on the space between the sidewalk and the curb E. Approval of the 2003 Town Board Meeting Schedule Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to approve Consent Agenda Items 9.A, B, C, D, and E as presented by a vote of 5-0. A copy of the Ordinance amending Chapter 4, Section 4-18 of the Town Code to establish that town employees who drive town vehicles will be subject to a semi-annual driver's license check, the Proclamation Remembering September II, 2001, the Proclamation in Memory of J. Frank Ray, the Ordinance amending Chapter 6, Section 6-23 of the Town Code to prohibit parking on a sidewalk or on the space between the sidewalk and the curb, and the 2003 Town Board Meeting Schedule are hereby made a part of these official Minutes as Attachments. Mayor Joe Phelps read the Proclamation in Memory of J. Frank Ray and presented his wife with a framed, signed copy of the Proclamation. Commissioner Sheridan read the Proclamation Remembering September II, 2001. 10. ITEMS FOR DECISION - REGULAR AGENDA A. Consideration of an Ordinance rezoning 7.52 acres on Tuscarora Drive from Agricultural- Residential to Residential 20 Planning Director Margaret Hauth presented the Ordinance for the Board's consideration. She stated the neighborhood submitted a valid protest petition against the rezoning. She explained that a positive vote on this issue must be either 4-1 or 5-0. Planning Director Hauth reported the Planning Board's recommendation was unanimously in favor of the re-zoning. Hauth recommended approval stating that this proposal is not in conflict with any provisions of the Vision 2010 plan. It does not require extension of utilities outside our service area and does not impact the Town's General Fund. While the neighborhood will notice the difference in traffic, Tuscarora Drive will not become "over capacity". Mike Gay, Tuscarora Drive resident, addressed the Board and expressed his opposition to the re-zoning. Commissioner Chavious made a motion to approve the Ordinance rezoning 7.52 acres on Tuscarora Drive from Agricultural-Residential to Residential 20. Commissioner Dancy seconded the motion. After some discussion, there was a 1-4 vote with Commissioner Chavious voting Aye, and Commissioners Gering, Lloyd, Sheridan, and Dancy voting Nay. The motion failed. B. Consideration of an Ordinance rezoning 28.5 acres from EDD Secondary to EDD Primary Planning Director Margaret Hauth presented the Ordinance for the Board's consideration. Hauth reported comments at the Public Hearing included concern about commercial traffic through Beckett's Ridge. She stated the Planning Board's recommendation was unanimously in favor of the rezoning. Hauth recommended approval stating that this proposal also is not in conflict with any provisions ofthe Vision 2010 Plan. It does not require extension of utilities outside our service area and does not impact the Town's General Fund. Concerns about traffic in Beckett's Ridge can be addressed during the subdivision review and after development through traffic control signage. Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved to adopt the Ordinance rezoning 28.5 acres from EDD Secondary to EDD Primary by a vote of 5-0. The motion was declared passed. A copy of the Ordinance is hereby made a part of these official Minutes as 3 . . . 079 an Attachment. C. Consideration of an Ordinance amending Section 21 of the Zoning Ordinance to add a Prevention of Demolition by Neglect provision Planning Director Margaret Hauth presented the Ordinance for the Board's consideration. Hauth reported Public Hearing comments included significant support for the ordinance as written and continued concern about the process, specificity of standards, and concern about economic hardship provisions. The planning Board has spent a significant amount of time on this issue trying to reach consensus among the members. By a unanimous vote, the Planning Board have asked for additional time to work on this Ordinance. By consensus, the Board directed staff to have the Ordinance placed on the November Regular Meeting Agenda for their consideration. D. Consideration of an Ordinance amending the Zoning Ordinance to add a Mixed Residential Special Use District creating a new Special Use Zoning District Planning Director Margaret Hauth presented the Ordinance for the Board's consideration. Hauth reported there was public comment in favor of this Ordinance from parties interested in using the new Ordinance to develop a tract of land. The Planning Board's recommendation was unanimously in favor of the Ordinance. Hauth recommended adoption with an additional amendment to 3.I(c) that the assisted living facilities be licensed by the State of North Carolina. Commissioner Sheridan also suggested that all ofthe words "will" be changed to "shall". Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to adopt the Ordinance amending the Zoning Ordinance to add a Mixed Residential Special Use District creating a new Special Use Zoning District as presented and including the requirement for assisted living facilities be licensed by the State of North Carolina and all the words ''will'' be changed to "shall" by a vote of 5-0. The motion was declared passed. A copy of the Ordinance to add a Mixed Residential Special Use District creating a new Special Use Zoning District is hereby made a part of these official Minutes as an Attachment. E. Consideration of the Proposed Adequate Public Facilities Ordinance and Memorandum of Agreement with Orange County and the Orange County School Board Planning Director Margaret Hauth presented the Proposed Adequate Public Facilities Ordinance and Memorandum of Agreement with Orange County and the Orange County School Board for the Board's consideration. The Planning Board had a 4-4 vote on a recommendation to not adopt the Ordinance. The members did agree that open channels of communication between the 3 parties were very important, but did not agree that this formal of a mechanism was necessary. Hauth stated that this Ordinance is a policy decision for the Board to Make. The Vision 2010 does recommend adopting this Ordinance and its adoption should not create a workload issue for staff. After some discussion and upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved to approve the Memorandum of Understanding with the addition of the words "will consider adopting" to Section 2, and directed staff to draft a suitable Ordinance for their consideration by a vote of 5-0. The motion was declared passed. K. Discuss a citizen's request for an Amtrak station in Hillsborough (Heard out of order) Mr. A. F. Rushton, Jr. addressed the Board and reported that when present plans are completed and 4 . . . 080 construction accomplished, the interim Amtrak modular station in Burlington is to be replaced by a permanent structure in a redeveloped historic building. It might then be possible to acquire the modular station for movement to HiIlsborough for use as an Amtrak station. The Board thanked Mr. Rushton for the information. No decision was made at this time. F. Consider Authorizing the Town Manager to Execute a Contract with Essence of Time for $45,000 to Conduct a Rehabilitation of the Town Clock Assistant Town Manager/Public Works Director Demetric Potts presented the contract for the Board's consideration. The HiIlsborough Town Clock Restoration Committee solicited and received Proposals for the restoration of the Town Clock from Essence of Time based in Lockport, New York, and The Clock Shop, which is based in Charlotte, North Carolina. The proposal from Essence of Time provided for the total restoration of the Town's English Town Clock and all its component parts, design and fabrication of missing or broken parts, including a new gathering paIlet for the strike and repair or replacement of the badly repaired strike rack. The proposal also provides new cable, restoration of the motion works; universals, distribution gearing, puIleys, and weight to all ow the clock to run and hour strike properly. It provides for shipping to and from Hillsborough, instaIlation, set up in the Old County Courthouse Clock Tower, and putting the clock with its component parts into running & striking order. The Hillsborough. Town Clock Restoration Committee is recommending that the Town award the Town Clock Restoration Contract to Essence of Time based on their experience/qualifications and the recommendation of Gene V olk a well-respected Horologist. Upon a motion by Commissioner Lloyd, seconded by Commissioner Gering, the Board moved to award the Town Clock Restoration Contract to Essence of Time and authorize the Town Manager to execute the contract for $45,000 to Conduct a Rehabilitation of the Town Clock by a vote of 5-0. The Motion was declared passed. G. Discuss and consider accepting Block Grant for police equipment This Item was removed from the Agenda earlier in the meeting. H. Consideration of Change Order No.3 for the Wastewater Treatment Plant Improvement Project Town Engineer Kenny Keel presented Change Order No.3 for the Wastewater Treatment Plant Improvement Project for the Board's consideration. He explained the work requiring this Change Order includes instaIlation of an additional timer for the sludge thickening equipment. This timer will link all of the components of the sludge thickening system together, so that all the equipment operates properly with minimal operator input. Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved to approve Change Order No.3 for the Wastewater Treatment Plant Improvement Project as presented by a vote of 5-0. The motion was declared passed. I. Consideration of revisions to Technical Specifications for Water and Sewer Systems Town Engineer Kenny Keel presented the revisions to the Technical Specifications for Water and Sewer Systems to the Board for their consideration. Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board moved to adopt the revisions to Technical Specifications for Water and Sewer Systems as presented by a vote of 5 r-nl U<.J 5-0. The motion was declared passed. A copy of the revisions is hereby made a part of these official Minutes as an Attachment. . J. Consideration of acceptance and beginning of one-year warranty for Cedar Ridge High School water and sewer lines Town Engineer Kenny Keel informed the Board he has completed the inspections of the water and sewer facilities that were installed to serve Cedar Ridge High School and he is satisfied with the quality, workmanship, etc. of the facilities. The facilities meet or exceed the Town Specifications. Keel recommended the Board accept the water and sewer utilities serving Cedar Ridge High School. Board acceptance will transfer ownership of the facilities to the Town and initiate the one-year warranty period. Upon a motion by Commissioner Lloyd, seconded by Commissioner Chavious, the Board moved to accept the water and sewer utilities serving Cedar Ridge High School as presented by a vote of 5-0. The motion was declared passed. K. Discuss a citizen's request for an Amtrak station in Hillsborough This Item was heard out of order earlier in the meeting. L. Discuss possible "HOT TOPICS" for the September 2300 Workshop By consensus, the Board moved the September 2300 Workshop to September 30th at 7:30 PM in the Town Barn. Hot Topics for the meeting are: I) The Preserve, 2) Discussion of the Outcome of the Waterstone Public Hearing. . M. Discuss street charity solicitation and in-street newspaper sales Planning Director Margaret Hauth reported to the Board information gathered from the City of Raleigh, the City of Burlington, and the City of Durham regarding their regulation of the sale of newspapers within the public right-of-way and charity donation solicitation with the public right-of-way. N. Consider Request to sell four (4) acres of Town-owned land on Ben Johnston Road across from the dam Nama Best addressed the Town Board requesting the Town sell four acres of land near the dam/water plant intake at lake Ben Johnston so her family can build a home. After some discussion, and by consensus, the Board tabled this Item. Assistant Town Manager/Public Works Director Demetric Potts asked the Board if they wished for the Town to fly the US Flags in remembrance of September 11,2001. By consensus, the Board authorized the flying of the US Flags from Tuesday, September 10th through the beginning of next week. 11. CLOSED SESSION A. Closed Session for the purpose of discussing a legal matter . Upon a motion by Commissioner Dancy, seconded by Commissioner Lloyd, the Board moved to go into Closed Session for the purpose of discussing a legal matter by a vote of 5-0. The motion was declared passed. 6 . . . 12. ADJOURN Upon returning to Open Session and upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board moved to adjourn at approximately 10:35 PM by a vote of 5-0. The motion was declared passed. ~~ ctfully submitted, Donna F. Armbrister, CMC Town Clerk 7 f"nr. l.}d~ -.. -... .. ---...~ ,.... ''') ') L! <.hJ AN ORDINANCE AMENDING CHAPTER 4 OF THE TOWN CODE OF THE TOWN OF IDLLSBOROUGH THE BOARD OF COMMISSIONERS OF THE TOWN OF HlLLSBOROUGH ORDAINS: Section 1 Section 2. Section 3. Chapter 4, Section 4-18 Use of Town Property of the Hillsborough Town Code is hereby amended to add the following: (2) The Town will conduct semi-annual driver's license checks on all employees authorized to drive town vehicles. (3) Any employee who is authorized to drive Town vehicles must notify the Town Clerk immediately iffor any reason their driver's license expires or is suspended or revoked. (7) All accidents occurring in Town vehicles or using Town equipment will be reported to the employee's supervisor immediately, and written accident report turned in to the Town Clerk by the next work day. (It will be the supervisor's responsibility to verbally notify the Town Clerk and Safety Officer immediately of all accidents) All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this f# day of, ~tI~~"... ~. Ayes: 6'" Noes: ..er- - Absent or Excused -&- ~~dJ~< onna F. Annbnster, Town Clerk ,-..., ~." ," Lld'i '. Section 4-18 Use of Town Prooertv (a) Equipment, tools, materials, and supplies that belong to the Town may not be used or removed from Town property except in the conduct of official business. (b) Town telephones are for official business. Long distance calls shall be accounted for as official business only, and employees may not make unreasonable use of Town telephones for local calls. (c) Use of Town vehicles shall be governed by the following: (I) Town vehicles are to be used only by Town employees unless otherwise specified by the Town Manager. Town vehicles are to be used exclusively for Town business, except that vehicles may be taken home when doing so serves the best interest of the Town. At no time however, should a Town vehicle be used to conduct personal or family business or pleasure. (2) The Town will conduct semi-annual driver's license checks on all employees authorized to drive town vehicles. (3) Any employee who is authorized to drive Town vehicles must notify the Town Clerk immediately if for any reason their driver's license expires or is susp~nded or revoked (4) The Town Manager shall determine, on an individual basis, whether circumstances warrant a vehicle's being driven home by a Town employee. This determination will consider such facts as the purposes for which the Town vehicle is being driven home, the hours during which the vehicle is to be used, and any other factors that might need to be considered by the Town Manager in making his decision. (5) Employees, who are assigned a Town vehicle, either permanently or temporarily, are to operate and care for the vehicle in the same responsible way that they care for their own vehicles. Any accident involving a Town vehicle shall be reported immediately in accordance with established procedures. (6) Unauthorized passengers such as hitchhikers, family, friends, or other parties not directly related to Town business are not allowed in Town vehicles. The purpose of this exclusion is not only to prevent unauthorized people from riding in or driving Town vehicles but also to prevent the Town from being subjected to the danger of increased liability from people not employed or associated with the Town. (7) All accidents occurring in Town vehicles or using Town equipment will be reported to the employee's supervisor immediately, and written accident report turned in to the Town Clerk by the next work day. (It will be the supervisor's responsibility to verbally notify the Town Clerk and Safety Officer immediately of all accidents) (8) Failure to follow these roles will be grounds for immediate dismissal. --. -.. ATTACHMENT 9.B r ....-- Lido PROCLAMATION '. WHEREAS, in an unprovoked and senseless act of terrorism, four civilian aircraft were hijacked on September 11, 2001, and crashed in New York City, Pennsylvania and the Pentagon; and WHEREAS, innocent U.S. citizens of all heritages as well as visiting citizens of foreign nations were killed and injured as a result of these horrific acts; and WHEREAS, while we as a Union still continue to recover from the unspeakable loss of so many innocent lives, the indomitable spirit of the United States has been revitalized and given way to numerous expressions of heroism and patriotism; ,and WHEREAS, the threat of terrorism, destruction and senseless violence must be banished for any free society to exist; and WHEREAS, the Town of Hillsborough shares in the grief and will commemorate the one-year anniversary of the September 11 tragedies; NOW, THEREFORE, BE IT RESOLVED, by the Hillsborough Board of Commissioners that we extend our deepest condolences to the innocent victims of these unprovoked actions by terrorists, as well as to their families and their friends; and be it further .,. ,RESOLVED, that we salute the heroism of public safety and rescue workers, volunteers, local officials, and those who responded to these tragic even'ts with courage, selfless compassion, determination, and skill; and be it further RESOLVED, that we dedicate September 11, 2002, ALWA VS REMEMBER 9-11 DA V, a day to mourn, reflect and rededicate ourselves to ending terrorism in commemoration of the anniversa~ of the terrorist attacks; and be it further RESOLVED, t!1at we encourage all our citizens to honor the victims of September 11 by reaffirming thefrc6fnmitrneflt to sustaining our newfound patriotism through volunteerism, COI11IllUJlftY irWofvement, and service; and be it further RESOLVED, that w~~s dedicate our time, talents, and energy to lift one another up and fosfera l'le\II1TEK1el of understanding and awareness. Let us honor the memory of all those whO-died by being of service to one another and by building the "stronger, more perfect union" our founding fathers called for. Joe Phelps, Mayor Town ofHiJlsborough . ---.:::- '. . I _ -. t. .. t ~ -.:i;<;;. :~!. ~.;... '."''4.. .. PROCLAMATION Honoring the Memory Of J. Frank Ray ~.",. WHEREAS, J. Frank Ray was born in Hillsborough on June 27, 1924, was a member of the 1940 Class ofHillsboro High School, and passed from this earth on July 30,.f002; and ";')"}~~ WHEREAS, Frank served his country in the Navy during W odd War II and returned to Hillsborough to raise his family and participate in his community; and WHEREAS, Frank spent 4 decades in service to Hillsborough through a wide variety of service organ17.ations, many of which he was either a charter member and or President. These organ17Jttions include, but are not limited to. the Hillsborough Exchange Club, the United Way Fund of Orange County, the Schley American Legion Post, the Hillsborough Chamber of Commerce, the Central Carolina Bank Advisory Board, and the Orange Medical Foundation. !,.;- /" WHEREAS, Frank served more than 6 years on the HiUsborough Board of Adjustment, many of which he served as Chairman; and " 1_ WHEREAS, Frank served 41 continuous years as a member of the Eagle Lodge 19 of Hillsborough, NO~ THEREFORE, by virtue of the authority vested in me as Mayor, I do hereby tender to the family of J. Frank Ray, this proclamation in memory ofhis life and his service to the community, and extend to them the sincere condolences of the Hillsborough Town Board and our citizens for their loss. I '\ \ J~... .---- WITNESS my hand and the seal of the Town ofHillsborough, this 9th day of September 2002. Ips, Mayor own ofHillsborough -.. .~ I ~, ..- . ..- ~ .... .f. ... - . .';:...\_:i:,\' -.......10>.., . .J~" .. ATTACHMENT9.D AN ORDINANCE AMENDING CHAPTER 6, MOTOR VEHICLES AND TRAFFIC SECTION 6-23 OF THE BILLSBOROUGH TOWN CODE The Board of Commissioners of the Town ofHillsborough ordains: SECTION 1. All section references below refer to the Town of Hillsborough Code, Chapter 6, Section 6-23: SECTION 2. Section 6-23 Parkin!!: Prohibited in Certain Locations: N~ Traffic Control Devices Required Section 6-23 (a) (6) is hereby amended to read: (6) On a sidewalk or on the space between the sidewalk and the curb or the edge of the street pavement, where no curb exists; SECTION 3. All Provisions of any Town Ordinance in conflict with this Ordinance are repealed. SECTION 4. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and _.. was~ duly adopted this M' day o~~. .' Ayes: 0- Noes: -tr Absem:or Excused ~ -. ~~ Donna F. Armbrister, Town Clerk C ')7 'u . . . TOWN OF HILLSBOROUGH BOARD OF COMMISSIONERS 088 2003 Meetina Schedule (*AII meetings will be held in the Town Barn, unless otherwise noted. Times and dates are subject to change) . Monday, January 13, 2003 Monday, January 27, 2003 Tuesday, January 28, 2003 Monday, February 10, 2003 Monday, February 24,2003 Monday, March 10,2003 Monday, March 24, 2003 Monday, April 14, 2003 Tuesday, April 22, 2003 Monday,April28,2003 Tuesday, April 29, 2003 Monday, May S, 2003 Monday, May 12, 2003 Wednesday, May 28, 2003 Monday, June 9,2003 Tuesday, June 23,2003 Monday, July 14, 2003 Tuesday, July 22, 2003 Monday, July 28, 2003 August, 2003 Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Quarterly Joint Public Hearing with the Planning Board (7:00 PM) Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Regular Board Meeting (7:30 PM) Quarterly Joint Public Hearing with Planning Board (7:00 PM) Town Board Work Session (7:30 PM) Assembly of Governments (7:30 PM) * Location TBD Joint Meeting between Town Board and Orange County Commissioners (7:30 PM) * Location TBD Regular Board Meeting (Budget Presented)(7:30 PM) Town Board Work Session (7:30 PM) Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Regular Board Meeting (7:30 PM) Quarterly Joint Public Hearing with the Planning Board (7:00 PM) Town Board Work Session (7:30 PM) No Meetings . . . Monday, September 8,2003 Monday, September 22,2003 Monday, September 30,2003 Monday, October 13, 2003 Monday, October 27,2003 Tuesday, October 28,2003 Monday, November 10,2003 Monday, November 24,2003 Monday, December 8,2003 Monday, December 22,2003 TOWN OF HILLSBOROUGH . BOARD OF COMMISSIONERS (O::'i } u 'V 2003 Meetina Schedule Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Assembly of Governments (7:30 PM) * Location TBD Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Quarterly Joint Public Hearing with Planning Board (7:00 PM) Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) Regular Board Meeting (7:30 PM) Town Board Work Session (7:30 PM) . .. . (, r: "" utJu AN ORDINANCE AMENDING THE TOWN OF HILLSBOROUGH ZONING ORDINANCE TO ADD A MIXED RESIDENTIAL SPECIAL USE DISTRICT THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH ORDAINS AS FOLLOWS: Section I. This ordinance amends the Town of Hillsborough Zoning Ordinance to add a new Section 2.4.1 - Mixed Residential Special Use District. Section 2. read as follows: The new Section 2.4.1 of the Town of Hillsborough Zoning Ordinance is added, to Section 2.4.1 Mixed Residential Special Use District (a) Intent. The Mixed Residential Special Use District is intended to permit development of property for residential use incorporating features or amenities designed to address the needs of the retired, aging, elderly and/or disabled population and to allow for the inclusion in such developments of special or innovative amenities designed to address the needs of the residents of the development. This intent may be accomplished through a variety of building types offering differing service levels to residents. This variety may include, but is not limited to detached houses, attached dwellings, and rooming units. Rezoning property to this district may result in a higher density than otherwise allowed in single- family residential districts or in the Multi-Family District. The Mixed Residential Special Use District will have more on-site amenities than otherwise required in single-family residential districts or in the Multi-Family District. (b) Special Use Permit Required. The Mixed Residential Special Use District shall be a special use district authorized under North Carolina General Statutes Section 160A-382. As such, property may be placed within this district only in response to a petition by the owner(s) of the property sought to be included in the district. ( c) Required Characteristics. Property may be rezoned to the Mixed Residential Special Use District only when the property proposed for such rezoning: (1) Consists of a parcel or tract of land containing at least 10 acres; (2) Is located adjacent to and has frontage on a street classified as an arterial or higher; (3) Will be served by Hillsborough water and sewer lines when developed. (d) Nothing in this section is intended to limit the discretion of the Board of Commissioners to deny an application to rezone property to a Mixed Residential Special Use District if it determines that the proposed rezoning is not in the public interest. (e) When a Mixed Residential Special Use District rezoning application is submitted in accordance with Section 20 of the Town of Hillsborough Zoning Ordinance, the applicant shall simultaneously submit a special use permit application for a specific use of the type described in subparagraph (a) above. (t) Application Procedure. To assure satisfactory conformance with the purposes of this district, the review procedures established in Section 4.41 of the Zoning Ordinance apply to applications for special use permits in the Mixed Residential Special Use District and are incorporated herein by reference. The applicant, at his option, may meet with the Planning Department staff or Planning Board in advance of filing an application. . . (i) G) (k) (1) . 081 (g) (h) The application, which must be signed by an applicant with an interest in the property, must include the following information: (1) A site plan showing the following: a. the location, types and maximum floor areas of all buildings and all impervious surfaces proposed; b. the location and orientation of buildings, parking areas, recreational facilities, open spaces and other amenities proposed to serve the development; c. access and circulation systems for vehicles, bicycles and pedestrians; d. adequate buffers between all proposed buildings and parking areas on the property, and neighboring properties; e. how the development plans to use design and architectural controls, screening and landscaping to insure the District produces a high quality development; f. how the developer proposes to minimize or mitigate any adverse impacts on any neighboring properties and the environment, including, but not limited to, impacts from traffic and storm water runoff. (2) A traffic impact analysis prepared by a traffic engineer indicating current and post- development levels of service at entrances, nearby intersection and traffic signals, with and without the improvements proposed by the applicant. (3) A written description of the services provided to residents of the development. (4) Building plans, including building materials and colors (5) Landscaping plans including plant variety and size at installation. The Town Planning Board shall review the proposed application and site plan at the same time it considers the applicant's rezoning request. The rezoning application and special use application shall be reviewed concurrently by the Board of Commissioners according to the same procedures and in accordance with the same standards applicable to other special use permit applications. The Board of Commissioners may not approve the Mixed Residential Special Use District rezoning application unless it simultaneously approves the special use permit application for the development of the property, which special use permit may be approved subject to reasonable conditions. General Standards and Findings of Fact. The general standards and findings of fact described in Section 4.39 of this Zoning Ordinance shall also apply to applications for special use permits in the Mixed Residential Special Use District. Burden of Presenting Evidence. The standards provided in Section 4.40 of this Zoning Ordinance shall also apply to applications for special use permits in the Mixed Residential Special Use District. Appeal of Decision. An aggrieved party may appeal a decision by the Board of Commissioners on an application for special use permit only to the Superior Court. Such appeal shall be in the nature of certiorari and must be filed within thirty (30) days of filing of the decision in the Planning Office, or the delivery of the notice required by Section 4.4.10 of the Zoning Ordinance, whichever is later. Minor Changes and Modifications to Improve Special Use Permits. After the issuance of a special use permit, and in accordance with subsection 4.7.1 of the Zoning Ordinance, the Planning Staff is authorized to approve minor changes in the approved plans for a special use in this district, as long as the minor changes are in harmony with the action of the Board of Commissioners, but shall not have power to 2 . . . rf\'~ '. . J f. approve changes that constitute a modification of the approval. A modification shall require approval of the Board of Commissioners. The provisions of Section 4.44.1, Section 4.44.2, and Section 4.44.3 of the Zoning Ordinance are incorporated herein by reference. (m) The provisions of Section 4.45, regarding expiration of special use permits, and of Section 4.46, regarding revocation of special use permits, are incorporated hereby reference. (n) The General Requirements set forth in Section 4.47 of the Zoning Ordinance are incorporated herein by reference. Section 3. The following is added as Section 4.48.4.1 to provide performance standards for Mixed Residential developments. 1. Mixed Residential I) For the purposes of this section, three types or stages of dwelling units are expected. A development shall provide a combination of these uses: a) Independent living units-units that contain complete cooking, eating, bathing, and sleeping facilities. The unit density area associated with this level (including parking and recreation) shall not exceed 9 independent living units per acre and not more than 50% of the number of units in the development. Independent living units may be detached or attached units. b) Limited care units-units that mayor may not contain complete independent living facilities, but include routine non-medical assistance. c) Assisted living units-units that do not contain independent eating or cooking facilities but include routine and regular assistance, and monitoring, both medical and otherwise. These facilities shall have the appropriate license from the State of North Carolina. 2) In addition to the dwelling unit mix, the following support facilities shall also be included in this district. The residential units must be present for these services to be provided. a) Health services facilities, twenty-four hour skilled nursing care, and emergency services for exclusive use of persons within at least the limited care and assisted living units. b) Shared food preparation service, common dining halls, and common spaces for recreation and social use all of which shall be conveniently located indoors for the exclusive use of all residents and their guests. Together these facilities shall total a minimum area of thirty square feet per constructed limited care and assisted living unit, exclusive of circulation space. c) The facilities listed above shall be conveniently located to the assisted living units and shall be available to those units via sheltered walkways. d) Outdoor open and park areas of no less than ten percent of the gross land area in the development. The following are not considered open or park space: private drives, off- street parking areas, stormwater control devices and drainageways and any required perimeter buffer area. e) Limited services and retail opportunities aimed at providing convenience needs of residents and guests limited care and assisted living units. 3) The site plan shall clearly delineate the portions of the parcel directly associated with each type of dwelling or lodging unit for the purposes of confirming density. 4) Buildings in this district shall not exceed 3 stories in height and shall provide elevators in all multi-story buildings. 5) The site plan shall show a perimeter buffer protecting neighboring uses from the impact of the development or vice versa, depending on the neighboring uses. The expected buffer will vary 3 f"Jn~' LV..)I depending on the adjacent land use and the portion of the site being buffered. Any deviations from the expected buffer shall be clearly noted and explained on the site plan. . Where the proposed development is: And the adjacent use is: The expected buffer is: Detached or townhouse/condo/apt detached or townhouse/condo/apt 50' Institutional (assisted living) detached or townhouse/condo/apt 100' Detached or townhouse/condo/apt non-residential 50' Institutional (assisted living) non-residential 25' 6) The buffer shall meet the Type 1 definition in Section 7, with the exception of the Institutional/non-residential mix, which shall meet at least the Type 2 definition. 7) The pedestrian path system shall provide a connection to any immediately adjacent public park, open space, or facility. 8) A phasing plan indicating the timing of construction. Approvals to build or occupy certain units may be conditioned on the completion of other components. Conditions of this type shall be clearly indicated in the approval of a Special Use Permit. Section 4. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 5. This ordinance shall become effective upon adoption. The foregoing ordinance, having been submitted to a vote, received the following vote and was duly adopted this 9th day of September 2002. . Ayes: Noes: Absent or Excused: Donna Armbrister, Town Clerk . 4 . . . Revised 9/9/02 TOWN OF HILLSBOROUGH 094 TEC~CALSPEcnnCATIONS for WATER & SEWER SYSTEMS WATER: Piping shall be Ductile Iron Pipe (DIP) Class 50 cement mortar lined interior/asphaltic coated exterior, A WW A C900 (Class 150/DR18) PVC (3" and larger), or Class 200 PVC (less than 3"). Ductile iron pipe shall be used under all asphalt and concrete surfaces for water piping 4" and larger. Bedding shall be as recommended by the manufacturer, with stone bedding required for PVC pipe. Marking tape shall be required on all non-metallic water pipelines. Detectable metallic marking tape shall be Empire ThorTec or equal. The tape shall bear the printed identification "Caution Water Line Below", and shall be 2 inches or greater in width. Hydrants shall be 5 !f4", dry-barrel, AWWA C502, as manufactured by Clow (Medallion), Mueller (Super Centurion), or equal. Spacing shall be 500 to 700 feet between hydrants. Resilient seat gate valves shall be required on the main line and hydrant leg at all hydrants. Hydrant legs shall be restrained joint or rodded from the main through the valve and to the hydrant. Resilient seat gate valves shall be used on water lines in buried service. Two valves shall be installed at all tees. and three valves at all crosses. Valves shall be installed every J 000 feet on water lines without hydrants (<6" mains). An RPZ backflow prevention device is required immediately after the meter for all commercial or industrial services where a severe hazard exists (as defined in NC Guidelines). A double check valve assembly shall be installed immediately after the meter for all commercial/industrial services not requiring an RPZ (unless requirement is waived on a case-by-case basis). A dual check valve shall be installed on residential services at the meter yoke. RPZ and DC VA assemblies shall be approved by USC-FCCCHR and ASSE. shall be tested by a certified tester after installation. and results shall be provided to the Town. Dual check valves shall be ASSE approved. All flushing and other use of water from the Town system shall be coordinated with the Town Engineer. Contractor shall pay for all water used. All water piping shall be pressure tested in accordance with A WWA C600 to 200 psi for a 2 hour period. Allowable leakage from the main is determined by the following formula: L=(S*D*pl/2)/133200 L=A1lowable leakage (gallons per hour), S=Length of pipe tested (feet) D=Nominal diameter of pipe (inches), P=Average test pressure (psig). After successful pressure testing, all water piping shall be sterilized by cWorination in accordance with NCDENR and A WW A C601 requirements. The line shall produce two consecutive negative samples drawn at least 24 hours apart and tested by a NC certified water laboratory. If any samples fail, the sterilization procedure shall be repeated until satisfactory results are obtained. Copies of all testing results shall be submitted to the Town Engineer. 9/9/2002 c: \projects\specs\specstds.doc Page 1 of 4 . . . Revised 9/9/02 095 TOWN OF HILLSBOROUGH TECHNICAL SPECS for WATER & SEWER SYSTEMS Meters shall be ScWumberger Neptune T -10 (<2") or Tru!Flo Compound (2" and larger) with Pro-Read ARB and R-900 MIU (radio read). 5/8" x %" All meters shall be purchased directly from the Town. Bronze strainers shall be installed immediately before all 2" and larger meters. All meter box lids shall be cast iron with pre-drilled 2" hole for Pro-Read disk installation. Hatches for large meter boxes shall also be drilled with 2" hole adjacent to hinge area. Residential size meter boxes shall be standard rectangular black plastic boxes with flared bottom. Larger meter boxes shall be pre-cast concrete, unless approved otherwise. All piping (2" and larger) through vaults shall be ductile iron or copper. All water meter locations shall be coordinated with the Meter Reader Supervisor. Meters shall be grouped in pairs at adjoining property lines, unless approved otherwise. All water meters shall be located at the property line adjoining the public road right-of-way (unless approved otherwise), and shall-be no deeper than 18" below grade for residential size meters. Water services shall be copper or Class 200polvethvlene. Class 200 polvethvlene pipe shall be installed with plastic inserts at the corporation stop (metal inserts are not allowed with plastic service pipes). All service connections shall be backfilled properlv under the corporation stop to prevent undue stress on the connection. Temporary faucets installed for constroction must be a minimum of J 0 feet from the meter box. Temporary faucets must be removed before occupation of the stroch.lre. Additional construction and material requirements are shown on the Town detail sheets available from the Town Engineer. SEWER: Gravity Sewer piping shall be Ductile Iron Pipe (DIP) Class 50 cement mortar lined interior/ asphaltic coated exterior, or SDR 35 PVC. Sewer force main piping shall be DIP Class 50 or Class 200 (SDR2I) PVC, with combination air & vacuum valves at all high points. Piping deeper than 16 feet shall be DIP with 5 foot diameter manholes required. Bedding shall be as recommended by the manufacturer, with stone bedding required for PVC pipe. Marking tape shall be required on all non-metallic sewer pipelines, except sanitary sewer mains where manholes will be exposed at both ends of the pipe segment. Detectable metallic marking tape shall be Empire ThorTec or equal. The tape shall bear the printed identification "Caution Sewer Line Below", and shall be 2 inches or greater in width. Manhole tops shall be a minimum of 18" above grade in unpaved areas not adjacent to public roads. No more than 12" of concrete grade rings will be allowed from the top of the cone to the bottom of the manhole ring. Cored holes with rubber boots shall be required for manholes and pump stations where pipes are inserted. 9/9/2002 c:\projects\specs\specstds.doc Page 2 of 4 . . . Revised 9/9/02 OD6 TOWN OF HILLSBOROUGH TECHNICAL SPECS for WATER & SEWER SYSTEMS All new manholes shall be vacuum tested (ASTM CI244) to 10.6" Hg, and the minimum amount of elapsed time for the vacuum to drop 1" of mercury s~l be as follows: Manhole Depth (4 ft Dia.) Min. Elapsed Time for a Pressure Loss of 1" Hg 10ft or less 60 seconds >10 ft but <15 ft 75 seconds > 15 ft 90 seconds For 5 ft diameter manholes, add 15 seconds. For 6 ft diameter manholes, add 30 seconds. All gravity sewer mains shall be air tested (A WW A C828), and force mains shall be pressure tested to 50 psi above maximum system pressure (A WW A C600). Allowable leakage shall be as determined by the formula listed previously in the water piping pressure testing requirements. A mandrel (92.5% of base ill) shall be pulled through all gravity mains to test for unacceptable deflection. Copies of all testing results shall be submitted to the Town Engineer. Additional construction and material requirements are shown on the Town detail sheets available from the Town Engineer. SEWAGE PUMP STATIONS: Sewage pump stations shall be duplex submersible or suction-lift style, unless approved otherwise. Motors shall be minimum of 5 hp, and must be 3 phase, 60 Hz, 1800 rpm maximum. Pumps shall be non-clog centrifugal pumps, unless approved otherwise. Grinder pumps shall only be approved when conditions preclude other selections. Resilient seat gate valves shall be installed on the influent piping and force main piping. Force main gate and check valves shall be in a separate vault next to the wet well. Gate valves shall be installed on each pump line and on the force main, and check valves on each pump line. All guide rails, fasteners, and miscellaneous metals inside the wet well shall be stainless steel. Access ladders shall be aluminum or stainless steel. Piping inside the wet wen shall be flanged ductile iron or stainless steel. Wet well vent shall be flanged ductile iron pipe with a screened outside end. A yard hydrant and water meter connected to potable water shall be installed at the pump station site, unless approved otherwise. Access hatches shall be hinged and lockable, with stainless steel or aluminum frame, and y.." thick aluminum diamond plate door(s). All hardware and hinges shall be stainless steel. A stainless steel portable jib crane and electrio hoist shall be provided '.vith a minimum capacity of 500 pounds or 125% of the pump weight, whiche'/er is greater. Provisions for mounting and use of the crane and hoist shall be pro'.lded at the pump station.. One spare pumTJ and motor shall be provided. that is identical to the pumps installed in the station. All new pump stations shall have permanent on-site standby power with auto transfer switch and Strison Cell-Alert 2000 RTU telemetry equipment installed with the first vear of service pre-paid. Generator shall be sized to operate both pumps simultaneously and start the lag pump while the lead is operating. A 11 OV power outlet shall be installed in the electrical panel. 9/9/2002 c:\projects\specs\specstds.doc Page 3 of 4 . . . Revised 9/9/02 097 TOWN OF HILLSBOROUGH TECHNICAL SPECS for WATER & SEWER SYSTEMS Pump station sites shall be at least 50 feet square, have 4" depth (minimum) of ABC stone covering entire site, and include perimeter chain link fencing (6 feet high, topped with 3 strands of barbed wire, and 16 foot wide double leafgate). Alternate fencing materials may be required based on individual site conditions. Padlocks shall be provided for the gate, electrical panels, and access hatch(es) and shall be keyed to the Town's system. Additional construction and material requirements are shown on the Town detail sheets available from the Town Engineer. EASEMENTS: Easements shall be a minimum of20 feet wide for a single utility pipeline, and a minimum of30 feet wide for pipes deeper than 16 feet. For multiple lines, easement shall provide a minimum of 10 feet clearance on either side of each pipe. 9/912002 c:\projects\specs\specstds.doc Page 4 of 4 092 . SCHOOLS ADEQUATE PUBLIC FACILITIES MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this 9th day of September, 2002, by and between the Town of Hillsborough, Orange County, and the Orange County School Board (the "School District"). WHEREAS, the portion of Orange County, served by the Orange County 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 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 Board, with funding provided by Orange County; and WHEREAS, 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; . WHEREAS, the 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 fmancially feasible and synchronized with historical growth patterns; NOW, THEREFORE, the parties to this Memorandum hereby agree as follows: Section I. 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: a. Elementary School 105% of Building Capacity Middle School 107% of Building Capacity High School 110% of Building Capacity 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) and making adjustments for withdrawals, dropouts, deaths, retentions and promotions. Students who are merely absent from 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 than five (5) school days after November 15. For purposes of this Memorandum, "building capacity" will be determined by reference to State guidelines and the School District guidelines (consistent with CIP . b. . . . Ogg c. School Construction Guidelines/policies developed by the School District and the Board of County Commissioners) and will be determined by a joint action of the School Board and the Orange County Board of Commissioners. As used herein the term "building capacity" refers to permanent buildings. Mobile classrooms and other temporary student accommodating classroom spaces are not permanent buildings and may not be counted in determining the school districts building capacity. Prior to the adoption of the ordinances referenced in Section 2, the parties shall reach agreement on the following: (i) A Capital Improvement Program (CIP) that will achieve the objectives of this Memorandum; (ii) A projected growth rate for student membership within the School District's three school levels during the ten year life of the CIP; (iii) A methodology for determining the projected growth 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"). 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 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. 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 1st 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. d. Section 2. . Section 3. . . 100 The towns and the county will consider adopting a€lept 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. 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 February 15th 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 15th of the previous year. Also on February 15th of each year, the School District shall calculate the anticipated school membership for each school level and the anticipated building capacity for each school level as of November 15th in each of the following ten years. These calculations shall be made in accordance with the provisions of Section 1 and also in accordance with the remaining provisions of this section. b. School membership calculations made on February 15th (utilizing the previous November 15th data) for each of the ten years following the year in which the calculation is made (the base year) shall be determined by applying the projected school membership growth rates determined in accordance with Section 1 of this Memorandum to the actual school membership numbers of the base year. c. The school building capacity calculations shall be based upon 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. By comparing the existing and calculated school membership to the existing and calculated school building capacity each year, the School District shall determine what remaining capacity (if any) exists or is projected to exist to accommodate new development. The School District shall make that information known to the local governments within IS days of the comparison. e. As CAPS are issued for new developments during the course of the twelve month period from February 15th of one year to February 15th of the next year, the School District shall continually reduce the remaining available school building capacity in each of the ensuing years wherein new students are projected to be added to the school system by the developments for which the CAPS are given during that year. f. When an application for a CAPS is submitted, the School District shall determine the impact on school membership for each school level as calculated on February 15th 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. In making this determination, the School District shall rely upon the figures established under 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 . .sectio~4. Section 5. Section 6. Section 7. Section 8. . 101 g. applicable planning department as to the expected rate at which new dwellings within developments similar in size and type to the proposed development are likely to be occupied. Notwithstanding the foregoing, if, upon request of the applicant, the planning 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. If the School District determines that the projected 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 accommodate 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. 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. h. 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. 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. 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. Orange County will use its best efforts to provide the funding to carry out the Capital Improvement Plan referenced in Section 1 above. 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 residential developments restricted by law 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. 102 . Section 9. P Ips, Mayor of Hillsborough 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 fwth h~l~in. \\-~\ '11. ,,\\\ Of( HILLS'S",-"" ...:...... ~ O..l\ ........... ~...~ ~o-:;. t~ T(:yn _-~ _ - ~~L - HIlls ... . -,,,. oIilla F. Armbnster CMC - ...' -::. ~O To~ Clerk ........... ?> ~ ~ ,,-' "',,;)-17 CARO'S "", 'I, \\' IIIIillll"\ Barry Jacobs, Chairman Orange County Board of Commissioners Attest: Donna Baker Clerk to the Board of Commissioners . Dana Thompson, Chair Orange County School Board Attest: .