Barry Jacobs, Chair

Stephen H. Halkiotis, Vice Chair

Margaret W. Brown

Moses Carey, Jr.
Alice M. Gordon         

 
Orange County Commissioners

P.O. Box 8181

200 S. Cameron Street

Hillsborough, N.C. 27278

 

www.co.orange.nc.us

MEMORANDUM

 

              TO:

The Honorable Mike Nelson, Mayor, Town of Carrboro and Board of Aldermen

The Honorable Kevin Foy, Mayor, Town of Chapel Hill and Chapel Hill Town Council

The Honorable Valerie Foushee, Chair, Chapel Hill-Carrboro Board of Education and Board Members

The Honorable Joe Phelps, Mayor, Town of Hillsborough and Board of Commissioners

The Honorable Barry Jacobs, Chair, Orange County Board of Commissioners and Board Members

The Honorable Brenda Stephens, Chair, Orange County Board of Education and Board Members

 

       FROM:

Alice M. Gordon, Chair, Schools and Land Use Councils

 

        DATE:                    

February 8, 2002

 

SUBJECT:

Schools Adequate Public Facilities Memorandum of Understanding and Ordinance

 

COPIES:

Schools and Land Use Councils Members, Planning Directors, School Superintendents

 

 

 

On November 14, 2001 the Schools and Land Use Councils (SLUC) unanimously recommended approval and forwarding of the Schools Adequate Public Facilities Memorandum of Understanding (MOU) and model Ordinance (Schools APFO) to the respective local governments and school boards.  The two year process of developing these documents has been an important and progressive collaboration of many parties to create a policy and ordinance that will help maintain the high quality of education that serves as a linchpin to the quality of life in Orange County. 

 

Amendments

 

Over the four months preceding the SLUC meeting, these two documents were amended from the earlier drafts by an Attorneys/Planning Directors/School Administrators (APS) Work Group composed of representatives from the local governments and school boards.  The amendments, drafted to address comments from various public hearings, are summarized below:

 

 

MEMORANDUM

February 8, 2002

Page 2

 

 

 

1.   Changing the timing of receipt of the Certificate of Adequate Public School Facilities (CAPS) to reduce upfront "locking up" of capacity

2.   Phasing of development to synchronize the impacts with available capacity

3.   Defining the Schools APFO implementing methodology and subsequent maintenance or revisions to the methodology

 

On November 14, the Schools and Land Use Councils (SLUC) made a few additional modifications before approving the MOU and the Schools APFO for transmittal.  Since November 14, the staff has revised the agreement to reflect the changes made at the November 14 SLUC meeting and to clarify the timing of implementation contained in certain sections of the documents.

 

Transmittal of Documents

 

Accompanying this memorandum are the following documents:

1.   Schools Adequate Public Facilities Memorandum of Understanding (Approved 11/14/01 by SLUC; Drafted 2/08/02 by staff)

2.   Schools Adequate Public Facilities Model Ordinance (Approved 11/14/01 by SLUC; Drafted 2/08/02 by staff)

3.   Memorandum from the APS Work Group to the Schools and Land Use Councils (10/11/01)

 

The MOU includes all of the general understandings used in the proposed implementing model ordinance (Schools APFO).  However, there are four elements of the MOU that need to be decided prior to ordinance adoption to provide the technical basis and resulting methodology for the Schools APFO system.  These elements are listed in Section 1c of the MOU.

 

The memorandum from the APS Work Group elaborates on the changes made by that group, and should be read with the understanding that further changes were made by the SLUC on November 14.

 

Adoption and Implementation

 

Because of the changes to the Schools Adequate Public Facilities documents, the approval process is likely to include an additional public hearing and adoption meeting.  The MOU and ordinance can be evaluated in two phases, since it is anticipated that the MOU could be approved with the chosen four elements (in Section 1c) prior to the adoption of the ordinance.  It is suggested that the time for implementing the ordinance be November 15, 2002.  That should allow time for the necessary preliminary work and approvals.

MEMORANDUM

February 8, 2002

Page 3

 

 

 

Craig Benedict, Orange County Planning and Inspections Director (and one of the APS work group team members that included your attorney and planning director or other representative), is available to meet with you or your board to answer questions as the public hearing and adoption process continues.  He can also explain the ongoing preliminary work necessary for implementation.

 

Conclusion

 

The preparation of the Schools Adequate Public Facilities MOU and model Ordinance represents a major effort of many contributing boards, committees, and work groups.  There have been many benefits already from improved data standardization, collection, and reporting and from cooperative planning and discussion among all the parties.  The proposed ordinance can help us ensure that our school construction keeps pace with our rapid growth, so that our children can be educated in facilities that truly meet their needs.  Excellent schools are essential elements of our quality of life here in Orange County.

 

Thank you very much for your consideration of the Memorandum of Understanding and Schools Adequate Public Facilities Ordinance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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