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The Board considered approving a proposed School Adequate Public Facilities memorandum of understanding (MOU} and considered confirming the future intention to adopt a model ordinance (SAPFO}. Craig Benedict pointed out the revised abstract (lavender}. There has been an extensive amount of input from every jurisdiction and every perspective. Orange County is in a different position from the majority of the other participants because we have development permit authority in the Orange County School district and in the Chapel Hill-Carrboro School district. When Orange County passes the MOU and the ordinance, it will be clear that the development process will have certain specific aspects. Staff is asking that the County Commissioners approve the MOU for the two school districts with the addendums noted in the abstract. One addendum to the MOU was a clause from the Tawn of Carrboro that asked that when the projection numbers come out of the Planners/School Representatives Technical Advisory Committee, that they are distributed as loan as possible for comment and input by the local governments and parties to the local agreement. The Town of Carrboro also asks that they remain involved in the program as long as the County Commissioners continue to adequately fund the CIP. In the Chapel Hill-Carrboro School district at this time, there are no capacity problems that would cause an instant moratorium. So the level of service percentages {105°~ for elementary, 107% for middle, and 110°~ for high school} can be implemented without any problem. However, in the Orange County School district, the middle school level is over capacity (about 110°~.) This would create a de facto moratorium, meaning that housing growth would be deferred until the correction is made. There is funding for the next Orange County middle school within the next three years, but it is not the intent to start off an ordinance with a moratorium. The Administration is recommending that all of the information continue to be collected, but that the adequacy test for the middle school be suspended for the three-year period until the new middle school opens. This would not create a de facto moratorium. The model ordinance is not to be adopted tonight. Craig Benedict made reference to the seven variables in the first abstract (not the lavender), page 25. When the Board votes on the MOU's, it will also be voting that these decision points are included in the recommendation. He explained the seven decision points. Public Comment Virginia Knapp, the new Director of External Affairs for the Chapel Hill-Carrboro Chamber of Commerce, thanked the County Commissioners for the time to comment on the SAPFO. She said that they would do everything in their power to ensure that their schools continue to be an example to the State and nation. The Chamber recognizes and appreciates the County Commissioners' willingness to reexamine County programs and policy. She said that the letter from the Chamber attempts to identify one issue that Chamber members think could be easily fixed prior to the MOU and SAPFO being set in place. If level of service standards were set at 105% for elementary, 110°~ for middle, and 120°~ for high schools, then no threat of a moratorium or challenges to the ordinance would arise prior to the opening of the new middle and high schools in Chapel Hill-Carrboro Schools. The Chamber is also concerned about haw the ordinance will affect the availability of affordable housing. The Chamber wants to work with the County, the Towns, and the schools to ensure that the community continues to grow at a sustainable pace. Commissioner Halkiotis said that he respects the Chamber's position. He said that when the level of service goes beyond the 110%, especially in a high school, then you are only containing human beings. He said that 120°~ would be a scary number for him as a veteran high school principal. Commissioner Carey thanked the Chamber for the comments. He asked if there was a reason beyond the history that the Chamber is concerned about the County Commissioners' commitment to school funding. He asked what kind of pledge the Chamber was asking for beyond the CIP that is adopted every year. Virginia Knapp said that the Chamber wants to make sure that the level of funding far schools continues in the future and that the same commitment is there. Commissioner Jacobs made reference to page 33 and the CIP and suggested a little more information on how the CIP works as part of the frequently asked questions. Also, whether a major developer can monopolize CAPS is not addressed in the frequently asked questions. Also, how a different capacity is assigned to each level of schools and how it works should be addressed for the