ORD-2003-103 Schools Adequate Public Facilities Memorandum of Understanding and Ordinance

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comprehensive land use plan. Part of the update will include this area. He thinks we should be careful about the wording. He feels confident that the Board will get to it in an appropriate manner. Chair Brown said that the uses are not good for a school district and they need to be updated. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to 1) approve the option purchase price of $38,505 for option to purchase agreements to be executed between the Orange County Schools and the respective property owners for the parcels comprising the proposed site of the third OCS middle school; and 2) adopt the attached OCS Middle. School #3 Capital Project Ordinance. VOTE: UNANIMOUS c. Schools Adequate Public Facilities Memorandum of Understanding and Ordinance The Board considered adoption of the revised Schools Adequate Public Facilities Memoranda of Understandings (MOU's) and ordinance. Two MOU agreements are attached - one pertaining to the Chapel Hill -Carrboro School District (CHCCD), and one pertaining to the Orange County School District (OCSD). Craig Benedict said that tonight's purpose is to approve the MOU for both school districts and also to approve the Subdivision and Zoning Ordinances within Orange County. The Board approved a version of this last December and since then there have been two primary changes to it. One of them had to do with suspending the certificate of adequate public schools for the CHCCS high school and the OCS middle school, and to clarify the difference between the projections used within the SAPFO program. The-last change was to make sure the certification process is updated. He then reviewed when each party had voted or will vote on this item. Regarding the Administration's recommendation, they did not set a date when ordinances were to take effect in Orange County.. The County Attorney provided a letter in the agenda package that explains his position on this. Geof Gledhill said that the effective date of the ordinance should be when all of the governments involved in SAPFO sign off on the MOU. He referred to his letter. The reason is because SAPFO is a cutting edge thing in the state and he foresees problems for Orange County when one school system is operating under this and one is not. He recommends implementing the SAPFO in both school districts at the same time. Commissioner Jacobs asked about the actions of the governments that have voted. Craig Benedict said that both Chapel Hill and Carrboro approved the SAPFO. Commissioner Gordon said that she went over the ordinance and that there were a couple of versions of this for approval. She was concerned in the transformation that a couple of things slipped -the definition of membership and building capacity and the ability of the County Commissioners to look at the calculations and certify. She asked which versions were approved. Craig Benedict said that the CHCCS had the first version when they approved it and he has sent them one with corrections, which were minor. Geof Gledhill said that Chapel Hill and Carrboro adopted the revised versions. The CHCCS Board will have to see it again. A motion was made by Commissioner Gordon, seconded by Chair Brown to approve the respective Memoranda of Understanding for the Chapel Hill-Carrboro School District and Orange County School District and adopt the ordinance necessary to implement Schools APFO with an effective date as the Board decides. VOTE: UNANIMOUS