Agenda - 12-05-2016 - 6-a - Minutes

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19 1 Commissioner Jacobs said this conversation started in the spring, and it was not fast 2 tracked. He said in response to the public comments, there are some agencies with 3 government affairs staff who should remain apprised of the BOCC agendas, and should have 4 known this discussion was taking place. He said impact fees are a complicated issue, and no 5 matter how many meetings occur, it will remain complicated. He said the BOCC has grappled 6 with questions of fairness and affordability each time this topic has been discussed, as did the 7 previous BOCC. He said in the calculated average, 13 out of 18 categories go down for the 8 CHCCS, but only 7 out of 18 for Orange County Schools (OCS); so at first blush it seems 9 bedroom count is a fairer approach, as most categories go down in both districts. He said as 10 far as student housing goes, it can be converted to housing for families, unless restricted 11 otherwise. He said Orange County is not competing with Chatham County for housing. He 12 said homebuilders insist that residential growth pays for itself, but this is a fallacious argument. 13 He said Orange County conducted a study with North Carolina State University, which showed 14 it does not pay for itself. 15 Commissioner Jacobs said there are no longer state school construction funds; the 16 homebuilders fought bitterly on having a real estate transfer tax; there are also complaints from 17 the same communities that Orange County taxes are too high; and the question remains how 18 does the County pay for the schools. He said there must be mechanisms to address this issue, 19 and there are not too many other choices. He said the County must do what is legally 20 defensible and ethically honest. 21 Commissioner Jacobs said if there are to be further conversations with other 22 stakeholders, which he does not advocate, then he would want to have the County Attorney 23 present, and a predetermined end point. He said he is not in favor of delaying, but he respects 24 people making this argument. 25 Commissioner Price asked if this topic can be delayed, and if so, for how long. 26 John Roberts said waiting a meeting or two would be acceptable. He said if the topic 27 waits too long the data may become stale. 28 Commissioner Price said to take a little more time to engage the community. 29 Commissioner Burroughs asked if this must run by the calendar year. 30 Craig Benedict said another start date can be set. He said there is very methodical 31 language in the ordinance for starting this process and permitting dates. He said he can 32 schedule meetings with stakeholders and the Attorney, and within a month this should be vetted 33 out. He said it is clear that the BOCC takes this issue seriously. He said he would recommend 34 getting this concluded in the next month before a new board member joins the BOCC. 35 Commissioner Rich said there have been three or more discussions on this topic, and 36 the words legally defensible keep coming back. She asked if the study has to be approved 37 along with the numbers, and would be legally defensible. 38 John Roberts said yes, this would adopt the data upon which the ordinance is based. 39 Commissioner Rich asked if the numbers were altered would they then no longer be 40 legally defensible. 41 John Roberts said the authorizing legislation states that the Board shall determine what 42 should be fairly born by the people who are paying the taxes, which comes into play with what 43 percentage of the maximum supportable fee is fair. He said that is up to the Board, but 44 recommends that the data in the categories should not be tampered with. 45 Commissioner Rich referred to the idea of paying over time, and would like more 46 information about this. 47 Craig Benedict said if that practice were instated, it must be available to all. 48 Commissioner Rich suggested the possibility of starting lower than the breakeven 49 amount of 37%, knowing that the numbers will go up. She said she is on the fence about 50 having further discussions.