By Carole Hawkins, [email protected]
The Clay County Commission in December used a bit of legal maneuvering to extend its moratorium on transportation impact fees.
Commissioners declared a state of emergency, a move that allowed them to keep the moratorium alive another six months.
Enacted in 2008, Clay’s transportation fees charge homebuilders $5,814 per single-family home toward road improvements. Four months after the fees went into effect, though, commissioners approved the moratorium to ease cost pressures to builders during the recession.
In granting December’s extension, the word emergency was necessary because staff had erred in not properly advertising the agenda item to the public.
Although “emergency” suggests a change in policy, the effect was the opposite, said County Attorney Mark Scruby. It protects the status quo until commissioners decide what they want to do.
Impact fees are used in fast-growing counties to fund the roads, schools and water-sewer demanded by new development.
Builders, in general, oppose the targeted fee and instead favor taxes that are more broadly based.
A 2015 transportation study, however, found both broad-based taxes and impact fees would be needed to bring Clay County’s deferred road projects back on track.
Several commissioners remain ideologically opposed to impact fees and others wished to keep Clay’s policies business friendly.
Commissioner Ronnie Robinson said he regretted the word “emergency” and asked if there was a way to avoid it. There wasn’t.
A longtime opponent of impact fees, the language didn’t sway Robinson’s position. He joined the majority in voting 4-1 to declare an emergency and extend the moratorium.
Commissioner Wayne Bolla cast the dissenting vote.