School impact fees would need to go before commission before being put into place

MANATEE -- Should the Manatee County School Board elect to change its impact fee decision, it would then be up to the Manatee County Commission to decide whether to reopen the process for school impact fees, according to assistant county attorney Bill Clague.

The commission discussed what the process would be Thursday if the school board wants to change the ordinance, which the commission approved in January. The school board is expected to revisit the decision linking the collection of impact fees and the extension of the sales tax next week. "It's up to you whether you want to proceed," Clague told commissioners. "It will be your decision as a board."

The school impact fees, which will resume April 18, will be collected at 50 percent of the maximum allowed impact fees the first year, increasing to 100 percent of the maximum allowed in the third year.

The board added a caveat, saying if the community voted to extend the half-cent sales tax, which sunsets in 2017, the impact fee collection rate would drop back to 50 percent.

Should the school board vote to change the impact fees and the commission reopens the process, the new resolution would have to go before the planning commission and county commission as required by the Florida Impact Fee

Act, according to Clague.

"It's also going to mean respecting the 90-day notice period before the fees can take effect," he said.

While there is no legal mandate for the commission to take the matter up again in a public hearing, the commission should "at least take it up and talk about it," Clague said.

"There is probably an expectation from the public that we take up the issue and at least discuss it," he said. "I think it's going to be tough to avoid it to be honest with you."

While the school board has not made any decision, as Tuesday's agenda item is only for discussion, Clague cautioned the commission for jumping ahead a little far.

A public hearing must be scheduled by the commission to change the ordinance.

The school district has significant issues to discuss, Commissioner Betsy Benac said.

"They have tough decisions to make so I applaud them for continuing the discussion," she said. "They may change their mind. They may not but that's their decision. ... They've got major issues to deal with."

Commissioner Larry Bustle said a decision should be made by the school board.

"We've voted and approved an ordinance based on what they've requested and at the time, it was against our better judgment in some respects but we nevertheless deferred to them and approved an ordinance," Bustle said. "Until we change that ordinance, nothing is going to change."

Claire Aronson, Manatee County reporter, can be reached at 941-745-7024. Follow her on Twitter @Claire_Aronson.

This story was originally published April 7, 2016 at 11:35 PM with the headline "School impact fees would need to go before commission before being put into place ."