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APPROVED 6/2695
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
BUDGET PRESENTATION AND
PUBLIC HEARING ON THE SCHOOL IMPACT FEE
MAY 25, 1995
The Orange County Board of Commissioners met in regular session on
Thursday, May 25, 1995 at 7:30 p.m. in Superior Courtroom in
Hillsborough, North Carolina. The purpose of the meeting was to hear a
presentation from John Link on his recommended budget and to hold a
public hearing on Public School Impact Fees.
COUNTY COMMISSIONERS PRESENT: Chair Carey and Commissioners
William L. Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don
Willhoit
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
STAFF PRESENT: County Manager John M. Link, Jr., Assistant County
Managers Albert Kittrell and Rod Visser, and Clerk to the Board Beverly
A. Blythe (other staff members are identified appropriately below)
NOTE: All documents referred to in these minutes are in the permanent
agenda file in the Clerk's Office.
PRESENTATION OF THE MANAGER'S 1995-96 RECOMMENDED BUDGET
John M. Link gave an overview of his recommended budget. The
highlights are listed below:
1. General Fund Budget totals $71,871,924
2. An increase of $69 per pupil allocation for Education
3. Increase in Debt Service for School Construction totaling 2.8
million
4. A "hold the line" County budget with the County departments
increase totaling just 1.5$
5. Establishes a General Fund tax rate of 92.5 cents per $100
assessed valuation - a 4 cent tax increase
6. An interim increase in the CHCCS District tax rate by one cent
from 15.4 cents to 16.4 cents to address school start-up costs
John Link said that there are future challenges for
efficiency, schools and human services and emphasized that no
service reductions that directly or adversely impact citizens were
made. The budget continues the trend to require tough decisions
on service levels. The County Department Heads and the Budget Team
worked collectively to "Hold-the-line". He thanked Sally Kost and
her staff and the Department Heads for working together on this
budget and also Angela Bowling for designing the cover of the
budget document.
QUESTIONS OR COMMENTS FROM T8E BOARD OF COUNTY COMMISSIONERS
Commissioner Halkiotis feels that the student enrollment
projections from the Department of Public Instruction in Raleigh
are not correct. Commissioner Gordon agreed that they are
probably too low.
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Commissioner Willhoit asked what one cent on the tax rate
would generate -- both the County and the Special District tax.
PIIBLIC HEARINt3 - PIIBLIC SCHOOL IMPACT FEES
Planning Director Marvin Collins presented for citizen
comments a proposed increase in the public school impact fee from
$750 to $1,500. He noted that the $1,500 fee is based on the
calculation of the maximum allowable fees which the County can
charge for public school capital needs. The maximum allowable
fee, as verified in the updated Technical Report, was
approximately $1,900 in both school districts. He explained how
the maximum allowable fee was calculated and what variables were
used as a basis for the calculation. He noted that in late summer
or early fall a new Technical Report will be presented using the
latest information they can get. This will include a sliding
scale for fees based on different factors, like bedrooms, type of
structure, cost of construction or square footage. In answer to a
question from the audience, Mr. Collins said that the tax base
does not factor into the calculation of impact fees except when
giving credits.
PIIBLIC COMMENTS
NANCY SALMON spoke in support of the increase in public
school impact fees. She asked that the Planning Department use
representative data and values for all parameters in their
calculations of the financial impact of new construction. She
hopes that the research being done this summer will not only be
used for establishing a basis for the sliding scale but to more
accurately assess the true impact on schools of new construction
in the Chapel Hill-Carrboro School District.
DAVID C. HURLBERT spoke against the impact fee and for
alternative financing methods such as bonds and other traditional
means of funding schools. He feels there is a disparity of the
impact of impact fees on a class of people attempting to achieve
the American dream of owning a home. He said that a person buying
a $75,000 house is paying a 10$ tax versus a person buying a
$300,000 house paying a .5$ tax. He said that good public schools
are a benefit to the entire community, County, State and to the
nation as a whole so the community as a whole should bear these
burdens. He does not feel that only new homeowners should be the
ones paying for schools. He asked that the Board of County
Commissioners do the right thing. He is in favor of good schools
but feels that he should not have to pay a fee when he builds his
house since he has lived here all of his life.
KEN TOUW, Chair of the Chapel Hill-Carrboro School Board,
spoke in support of the increase. His perspective is due to the
fact that there are more students in each classroom and there is
no room available for additional students. He noted that
construction costs have increased considerably since the setting
of the original impact fee. Also, the Town of Chapel Hill sees
the impact fee as an important revenue source for funding new
schools. The best they can hope for from developers is that they
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will donate some land and then the developers may want a decrease
in the impact fee. He said that at $1,500, a developer building
1,000 homes would contribute 1.5 million and from these 1,000
homes generate enough children for an elementary school. It is
unfortunate that the average home uses more services than the tax
on that home pays. It is only the economic tax base increase that
helps the County keep up with the schools. He would favor a
different fee structure for the two school districts.
JOYCE PRESLAR, resident of Orange County for twelve years who
works in a local daycare said she learned about the impact fee
when she bought a mobile home for $3,000. She is in a lower
income bracket and cannot afford the impact fee. She thinks that
a sliding scale should be considered. She is willing to pay taxes
but does not think an impact fee is equitable. There are a lot of
rental units with children. She asked that the Board keep their
perspective and consider those who are in the low income bracket.
THOMAS PHILLIPS, resident of Chapel Hill for a short period
of time said he moved from Batavia which is one hour west of
Chicago. In eight years Batavia went from a small community to a
suburb of Chicago. They built thousands of new homes in that area
and the schools became overcrowded. They passed a bond issue
every other year to build new schools. The taxes became so high
that the people who originally lived in Batavia were forced to
move. The result of losing a bond referendum was to impose an
impact fee - one for operating expenses and one for
infrastructure. The same arguments were heard there. The real
test of fairness is to ask if the impact fee taxes original
residents out of their homes. He does not believe that the impact
fee is going to affect the affordability of new homes. He feels
that the developer will reduce the price of land. He is in favor
of this increase in the impact fee because he will know that in
the future additional construction of new schools will not raise
his property tax.
STEPHEN B. MORIARTY said that the only reason he is against
the impact fee is because he cannot afford it. He may have to
default on a piece of property he purchased because he does not
have the money to pay the impact fee to move his trailer onto the
property. He feels that the fact that he only makes $17,000 a
year should not keep him from buying a house or moving a trailer
onto a piece of property. He would like to see a sliding scale.
KEITH COOK spoke in favor of increasing the impact fee. He
feels that something needs to be done for those individuals who
don't make a lot of money - 60~ of the median income which would
probably be no more than 10$ of the population. The impact fee
should be for those individuals coming into the County who have
not previously helped pay for schools. He favors a sliding scale
and asked that the Board of County Commissioners help people who
are not making a lot of money -- people who live in small houses
or trailers.
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NICK TENNYSON, Executive Vice President of Durham and Orange
Counties Home Builders Association, read a prepared statement. In
summary the Home Builders Association is opposed to school impact
fees because they deny the fundamental truth that the public
school system is an indivisible benefit of life in the community.
By singling out one class of citizens -- new home buyers -- for
additional expense, the County is inferring that new home buyers
get a larger share of benefit from the school system than do other
citizens. He listed in his letter several problematic areas with
the impact fee.
MATTHW E. BARYON spoke on behalf of Stop Overcrowding Schools
(SOS). He said that they do support an increase in the impact fee
to $1,500. He feels that increasing the impact fee will be a step
in the right direction toward solving the schools' overcrowding
problem by providing additional money to plan new schools. SOS
believes that the housing survey that the County will conduct will
show that the actual capital cost to the County to provide the
capacity for the students due to new residential construction
averages well over $9,000 per dwelling. SOS believes that the
Impact Fee should be set at a reasonable and substantial
proportion of the capital cost to provide the money for planning,
engineering and constructing new schools. They support a sliding
scale where the fee would be adjusted according to the size of the
house. This addresses the concerns about affordable housing and
places the burden on four and five bedroom homes which typically
bring more students to the schools. He asked that the Board of
County Commissioners support this increase.
PETER MORCOMBE, parent of a child in Carrboro Elementary
School, said that he is in favor of more money being spent in the
classroom and more money spent for instruction. However, he feels
there is no need to raise taxes -- but to just eliminate the
waste. He noted that American public schools spend more than any
other country and yet rank near the bottom in scholastic
achievement. He stated that private schools get the job done with
half the dollars per student. He feels that until some progress
is made to close the gap, the Board of County Commissioners should
not even think of raising the taxes. His written comments are in
the permanent agenda file. He asked that the Board of County
Commissioners reduce the size of government at the local level.
He presented a chart which compared the number of administrators
in the Chapel Hill-Carrboro City School District to private
schools with the same student enrollment. He stated that the
school budgets presented to the Board of County Commissioners hide
90$ of the expenditures in the continuation budget that gets
rubber-stamped every year. He favors zero-based budgeting so that
all programs are reviewed annually.
DANIEL V. ESKENAZI stated he is in favor of an increase in
the public school impact fee. He read a letter from Susan and
Allan Spalt which is in the permanent agenda file. In summary,
they support an increase in the impact fee. They feel that
substantial increases in local revenue are needed to pay for the
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impact of new rapid development on the Chapel Hill/Carrboro City
School System and that an increased impact fee is an important
part of the revenue mix. They support raising the fee to $1,500
and separating Chapel Hill/Carrboro and Orange County fees. They
support the impact fee study which is being done at this time.
ALAN BELCH talked about bets being made on how high the
impact fee will be raised. He said that new schools are needed
and there is no question that the County must pay for these new
schools. What increases the need for schools is children and
unless there is a head tax on every new child coming into either
of the school systems, there is no fairness to what is really
happening. He stated that a $1,500 impact fee will cost
homebuyers $3,000 in payments. He believes the cost of housing
will continue to rise while the real issue of creating a bigger
business base will suffer. He said that it concerns many in the
County that significantly inappropriate figures have been used by
various citizens groups to justify a larger increase and the press
and the public seem to buy the numbers without question.
GLORIA FALEY, resident for seventeen years and a volunteer in
the schools, supports the Board of County Commissioners ten-point
plan. She supports the $1,500 impact fee and encourages
implementing a sliding scale based on number of bedrooms per
square footage which will insure the diversity and richness of the
community. She said that the bulk of the homes being built and
sold in Chapel Hill are not affordable housing but $150,000 plus.
She supports building and maintaining a working team of the Chapel
Hill Council, the Carrboro Board of Aldermen and the School Boards
to insure that any land use plan includes the children's education
and a plan that requires responsibility for existing and new
residents of the schools and responsibility of the developers who
will sell their homes because of the high quality of our schools.
She feels that the roots of the American dream lie in a good
public education.
KEN SCOTT said he feels that $1,500 is a large figure.
Orange County has 5,400 students now compared to twenty-five years
ago when they had 5,000 students.
KAREN BARROWS spoke in support of the impact fee. She feels
it is good budget management and that developers will absorb some
of the cost as well as citizens. She noted that borrowed money
cost more. She supports a sliding scale. Education cost more
money today as well as constructing new schools cost more today.
EARL DAVIS is against the impact fee and against any more
taxes in this County. He feels the County does not care about the
low income population.
MARY JO BATEMAN, parent of three children in the Chapel Hill-
Carrboro schools, read a letter from Livy Ludington who supports
the increase to $1,500 for the school impact fee. In summary, she
said that the schools are severely overcrowded and action must be
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taken to pay for new
should be one of the
the burden of paying
move into the County
because she does not
She also submitted a
follows:
schools. She feels that quality education
County's highest priorities. She feels that
for new schools should be put on those who
Ms. Bateman supports a sliding scale
want to see anyone overburdened by this fee.
petition with 119 signatures which reads as
We, the undersigned support the following strategies for
ensuring that, future residential growth is linked to responsible
and timely expansion in school capacity.
1. The areas' school boards, school administrations,
and elected officials must accept mutual responsibility for joint
planning.
2. Higher revenues
other funding sources must be
3. A school impact
proposed developments.
from impact fees are needed, and
found .
study should be required for
4. Concurrency should be considered as an effective
planning tool.
5. Developers of sizable subdivisions could be
required to donate land.
6. Residential growth must not be allowed to outpace
and overwhelm our schools' capacity to provide high quality
education.
RON WEBER stated he has been building homes in Chapel Hill
for ten years. The price of housing has increased drastically
over the last two years because of lumber costs. Although the
target of school impact fees is new residents, it is actually
affecting everyone who builds a home. He feels the Board of County
Commissioners need a broad-based plan. The current proposal is
the easiest but not adequate or fair. He feels there must be a
better way.
HARVEY GOLDSTEIN, President of the Chapel Hill-Carrboro PTA,
stated that the PTA fully supports an increase in the impact fee.
They do not believe that $1,500 comes close to the average cost
each additional housing unit imposes on school capital facilities,
especially in the southern half of the County. Hopefully, the
study being conducted will yield a more accurate estimate of these
costs. They continue to support a sliding scale so the fee does
not have an adverse impact on affordable housing in the County.
He urged the Board of County Commissioners to vote to approve the
proposed increase for the Chapel Hill-Carrboro portion of the
County, even if the Orange County Schools do not support the
increase. This is justified by the explosion of residential
growth in the southern portion of the County and the strain it has
placed on education.
TERESA B. MCPHERSON-spoke against the proposed increase in
the school impact fee. She feels it penalizes the people who have
lived in the area all their life. She is a single head of
household with two children and little money. She wants a good
education for her children but she wants to be able to provide for
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them a home. She asked that the impact fee be made fair to all
residents in Orange County.
DEBBIE WAHLEN supports the proposed increase and asked that
the Board of County Commissioners approve $1,500. She presented a
petition with 57 signatures which reads as follows:
We, the undersigned, although unable to attend the
public hearing on May 25, 1995, urge the Orange County
Commissioners to:
1. increase the impact fee on new residential
construction to $1,500 immediately;
2. carry out a survey this summer to establish
representative student-generation rates for new residences; and
3. establish an appropriate sliding scale for impact
fees as soon as possible thereafter, to incorporate local school
construction standards and newly established student-generation
rates.
She feels it is not unfair to ask new residential growth to
share the cost of the impact on the schools. She asked that the
fee be increased to $1,500 for the Chapel Hill-Carrboro District.
She presented an article which explained how Atlanta handles
impact fees. The article says that the fees have been a major way
for them to do things (like building infrastructure) that they
couldn't have done otherwise.
LEON MEYERS spoke against financing public education with an
impact fee. He feels that public education is part of government
and benefits the entire community and should be funded by the
entire community. He urged the Board of County Commissioners to
be honest and rational in their decision on impact fees. He
asked that the Board take advantage of all the hard work done by
the Planning Department and make the right decision.
PATRICK MULKEY spoke against the impact fee as it is
currently designed. He will remain against the impact fee until
County spending is brought under control, including both school
systems. He feels that increasing the impact fee is the easy way
out, cutting the budget and setting the money aside for future
capital needs takes some action by the Board of County
Commissioners. He questioned which road the Board of County
Commissioners will take.
LISA WARREN is more against the way that the fee is a flat
fee. She and her husband are looking into building a house and
must reduce the size of the house because of the impact fee. She
feels that a lot of children are in apartments. She asked that
the Board of County Commissioners make the fee more fair and look
at incomes and other children in the system who are not included
in the fee.
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BEN LLOYD feels that Orange County should have enough money
to do whatever it wants. In 1983, an Economic Development
Commission was created. However, twelve years later there has not
been a brick laid in the US70, I85 southern railway corridor. The
plan should be to create some industrial and economic growth in
this County to provide the money needed for new schools. He told
of a new school built in Caswell County for 600 students for
$4,525,624 compared to McDougle Middle School for 740 students at
a cost of 11.5 million. He feels the school board needs to
consider the most economical and viable way to provide those new
schools.
END OF PIIBLIC COMMENT
Chair Carey acknowledged that letters have been received from
Jill Blackburn in support of the proposed increase in the school
impact fee, from Barry Jacobs asking that the Board make some
tangible efforts to address several equity and procedural concerns
before raising the impact fee and a letter was received on May 26
from Joan C. Smith asking that the Board of County Commissioners
strongly oppose raising the facilities impact fee.
Chair Carey announced that the Board of County Commissioners
will consider a decision on this item at their June 5, 1995
regular meeting.
Commissioner Willhoit made reference to a table Mr. Collins
had a year ago showing the number of building permits in the
County's planning jurisdiction. It was broken down by mobile
homes and site building. To the extend that this data is
available, he would like to have an update of this table. He
recalls that about 50$ of the building permits in the Orange
County School district were for mobile homes and most of the
building permits in Chapel Hill and Carrboro were for multi-
bedroom homes. He feels that this could provide a basis for a
differential fee.
With no further comments, Chair Carey, Jr. adjourned the
meeting. The next regular meeting of the Board will be on Monday,
June 5, 1995 at 7:30 p.m. at the Orange Grove Community Center in
Bingham Township.
Chair Carey, Jr.
Beverly A. Blythe