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7 <br />Orange County Board of Commissioners <br />Page 2 <br />June 25, 2003 <br />At a recent staff and attorney work group meeting attended <br />by representatives of all of the local governments with planning <br />jurisdiction but not attended by representatives of the boards <br />of education, a "plan" was made that would permit all parties to <br />the MOUs to approve them and approve the corresponding land use <br />ordinances on or before July 15. With that in mind, it was <br />planned that the enabling ordinances would be effective July 15, <br />2003. However, making the County ordinances effective July 15, <br />2003 assumes that the other government approvals will occur. <br />Because of meeting schedules, it will not be possible for Orange <br />County to be the last to act on the Schools Adequate Public <br />Facilities program. And, because of the Board of Commissioners' <br />summer meeting recess, it will not be possible for the Board of <br />Commissioners to respond to actions of other governments between <br />June 26, 2003 and your first meeting in August 2003. <br />Because of this and because of the more important reason <br />discussed below, I recommend that the effective date for the <br />County ordinances be as follows: <br />This ordinance shall become effective on the date that an <br />MOU has been executed by all of Carrboro, Chapel Hill, the <br />Chapel Hill-Carrboro Board of Education, Hillsborough, the <br />Orange County Board of Education and Orange County. <br />Over the years that the Schools Adequate Public Facilities <br />program has been discussed, the idea of having this program in <br />one school district and not the other has also been discussed <br />from time to time. It is possible to implement SAPFO in one <br />school district without implementing it in the other in as much <br />as the County has the power to create in its ordinances an <br />overlay district that covers only one of the school districts. <br />However, it is my opinion that to do so with the Schools <br />Adequate Public Facilities program is ill advised. <br />As you know, Orange County and its towns and school <br />districts are on the "cutting edge" in developing a <br />comprehensive Schools Adequate Public Facilities program. Any <br />action by the governments which creates SAPFO in one school <br />district and not the other, in my opinion, increases <br />unnecessarily the risk of a challenge to the Adequate Public <br />Schools Facilities concept and increases the risk that that <br />