Minutes 10-18-2016 - Laserfiche WebLink

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