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DEC 2� 19 ND BOOK 66 jam, f Charles Vitunac prepared a memorandum to this Board which stated: "In conclusion school boards as governmental agencies are required 'by state law to comply with the Comprehensive Planning Act, which, through its capital facilities element and more, requires that they comply with local site plan review requirements." The School Board disputes the conclusion of the County. Attorney and claims exemption from site plan review requirements. In an effort to avoid litigation between the two governmental entities, the School Board and the County have attempted to arrive at a Memorandum of Understanding which establishes an abbreviated site plan review procedure by a Commission comprised of six County representatives or employees and six School Board representatives or employees. This "School Board -County Commission Site Plan Analysis Cooperation Committee" would bear the responsibility of reviewing site acquisition proposals by the School Board for coordination with the County's Comprehensive Land Use Plan and for compatibility with the available County facilities and surrounding land use. In addition, the Committee would review specific site plans for the purpose of insuring minimal adverse impacts on transportation systems, utilities, and stormwater management systems. OF ANALYSIS: The cooperative approach suggested by the proposed Site Plan Analysis Cooperation Committee is intended to avoid litigation while still addressing the concerns of the two governmental entities.- By entering into this agreement the County is agreeing to accept less than complete site plan review and analysis such as would be required of any other developer within the County. Further, the Memorandum of Understanding does not reference specific standards of review for site plans. Rather, it directs the Committee to review site plans "for the purpose of minimizing adverse impacts on transportation systems, utilities, and stormwater management systems," without reference to the specific County ordinances which address such concerns and which apply to other developments. However, neither party to the agreement is giving up its right to seek a judicial determination as to whether the School Board is exempt from the ordinary site plan approval process under the law. Just as the County is compromising ' its authority to request full and complete site plan application from the School Board, the School Board is agreeing to submit its site plans to some review by the joint Committee, which review will address, at least generally, some important concerns involved in site plan approval. CONCLUSION: This item is put before the Board for consideration and approval if the Board deems it appropriate. 63