Orange County NC Website
19 <br /> John Roberts said the data on which to base the estimate is necessary to make it <br /> legally defensible, and the farther one gets from data the more one may be challenged in a <br /> court of law. <br /> Commissioner Dorosin said the current rate is based on data that is 10 years old. <br /> Chair McKee asked John Roberts if using the current fee schedule, and increasing it by <br /> 10%, would be defensible. <br /> John Roberts said it could be defensible, but there would be no data attached to this <br /> formula, and he would not advise this proposal. He said any increase should be tied to some <br /> data. <br /> Craig Benedict said a comment was made 10 years ago about going up to 30%, then <br /> 40% then 50% and then waiting a few years and going up to 60%, 70%, and 80%. He said it <br /> was determined that this course of action would rely on old data, and it was important to have <br /> it updated. He said the existing fee structure has weakness in it, as the cost of school <br /> construction has doubled over the last 10 years. <br /> Commissioner Jacobs said this conversation started in the spring, and it was not fast <br /> tracked. He said in response to the public comments, there are some agencies with <br /> government affairs staff who should remain apprised of the BOCC agendas, and should have <br /> known this discussion was taking place. He said impact fees are a complicated issue, and no <br /> matter how many meetings occur, it will remain complicated. He said the BOCC has grappled <br /> with questions of fairness and affordability each time this topic has been discussed, as did the <br /> previous BOCC. He said in the calculated average, 13 out of 18 categories go down for the <br /> CHCCS, but only 7 out of 18 for Orange County Schools (OCS); so at first blush it seems <br /> bedroom count is a fairer approach, as most categories go down in both districts. He said as <br /> far as student housing goes, it can be converted to housing for families, unless restricted <br /> otherwise. He said Orange County is not competing with Chatham County for housing. He <br /> said homebuilders insist that residential growth pays for itself, but this is a fallacious argument. <br /> He said Orange County conducted a study with North Carolina State University, which showed <br /> it does not pay for itself. <br /> Commissioner Jacobs said there are no longer state school construction funds; the <br /> homebuilders fought bitterly on having a real estate transfer tax; there are also complaints <br /> from the same communities that Orange County taxes are too high; and the question remains <br /> how does the County pay for the schools. He said there must be mechanisms to address this <br /> issue, and there are not too many other choices. He said the County must do what is legally <br /> defensible and ethically honest. <br /> Commissioner Jacobs said if there are to be further conversations with other <br /> stakeholders, which he does not advocate, then he would want to have the County Attorney <br /> present, and a predetermined end point. He said he is not in favor of delaying, but he respects <br /> people making this argument. <br /> Commissioner Price asked if this topic can be delayed, and if so, for how long. <br /> John Roberts said waiting a meeting or two would be acceptable. He said if the topic <br /> waits too long the data may become stale. <br /> Commissioner Price said to take a little more time to engage the community. <br /> Commissioner Burroughs asked if this must run by the calendar year. <br /> Craig Benedict said another start date can be set. He said there is very methodical <br /> language in the ordinance for starting this process and permitting dates. He said he can <br /> schedule meetings with stakeholders and the Attorney, and within a month this should be <br /> vetted out. He said it is clear that the BOCC takes this issue seriously. He said he would <br /> recommend getting this concluded in the next month before a new board member joins the <br /> BOCC. <br />