Pickerington Area Taxpayers Alliance

PICKERINGTON DEBATE
Impact fees also can go to schools, lawyer says

Tuesday, May 31, 2005

Kirk D . Richards

THE COLUMBUS DISPATCH

A Kansas City lawyer has caused a stir in Pickerington after saying that the school district and Violet Township could participate in the city?’s effort to collect impact fees from new developments.

Mark White, a lawyer who is drafting legislation on impact fees for Pickerington, told the City Council last week that he thought it was possible.

But Jim Hilz, executive director of the Building Industry Association of Central Ohio, was concerned by the idea.

''It?’s illegal in Ohio,'' Hilz said. ''There?’s no statutory provision to allow for impact fees for schools.''

An impact fee is a charge typically assessed by a municipality on developers to pay for such things as police, roads and parks that are affected because of the new buildings.

White cited a case in St. Johns County, Fla., in which a builders?’ association challenged impact fees for schools, but the Florida Supreme Court upheld the concept.

''It?’s not something that has been tested in Ohio legally,'' White said, adding that it would require the city and schools to sign an agreement.

Pickerington Superintendent Robert Thiede said he is aware of the legal opinion, but the city would have to initiate an agreement with the school district.

Terry Dunlap, chairman of the Violet Township Board of Trustees, said legal counsel has advised him that his government cannot assess impact fees.

But White contends that Violet Township can draw upon its powers as a limited home-rule government, which voters approved in November.
Still, if Pickerington pursues the idea of joining the school district and township to collect impact fees, officials expect to face expensive legal challenges.

Pickerington City Councilman Ted Hackworth, who favors impact fees, said it might be worthwhile after plenty of talk among those involved.
''Someone has to bite the bullet and test it in court,'' Hackworth said. Councilman Doug Parker disagrees with that approach.

''Who knows how long that will take?'' Parker said. He instead advocates that his colleagues reconsider establishing a community authority, a special taxing district that would assess millage to new homes, with some of the money going directly to the schools.

Meanwhile, White is drafting an ordinance based on a cityfunded study that showed the maximum impact fees that Pickerington could legally justi- fy based on population and development projections.

New homes could be charged up to $3,470, and new business buildings could be assessed hundreds of thousands of dollars based on square footage.
For now, the schools and township are not included.

Councilman Michael Sabatino, who has not completely supported charging impact fees, said he would favor the idea if the school district and township could come on board later.
''I had no idea it was possible,'' Sabatino said. ''That?’s probably the single-most positive thing that could happen to this community.''
The administration wants to move forward with the idea.

''It?’s part of the bigger picture of growth management,'' City Manager Judy Gilleland said.
But Councilman William Wright said he is urging caution.

''There needs to be more discussion,'' Wright said. ''I think we?’re all unsure of exactly what the possibilities are.''

krichards@dispatch.com



By Council Observer

Singing the Builder's tune

Look at how we are beginning to line up. The same old tune the same old hide behind the law song that some of our more timid elected officials have sung for years now.

It appears from the above article that only one local elected leader has committed to at least making an effort to explore the idea of impact ?“type?” fees for the schools. I believe there are more local elected leaders that are leaders and want to explore the idea of actually creating a system where the developers and builders actual ?“pay as they growth.?”

I wonder if Beavercreek Ohio consulted with one township lawyer and concluded that impact fees could not be enacted. I wonder if Hudson, Ohio actually checked with their local builder?’s association before enacting their growth control ordinances? I wonder if Granville, Ohio checked with the PICKERINGTON CITY COUNCIL MINORITY before enacting their Community Authority that is embraced by the likes of Doug Parker now?

Are these quotes actually from leaders in our community or people keeping a seat warm waiting for someone else or another community to forge ahead with a new idea and not some re-cycled plan that was rejected years ago? I am very disappointed in Terry Dunlap and his comments. You expect those comments from a Parker Wright or a Sabatino.

I for one will be calling the majority on our council to encourage them to push forward with the idea that Mr. White presented to council on May 23rd. I will be doing the same with the Trustees. Being conservative at times has its risks. We are facing a financial crisis in our schools we need new leaders that address and find ways within the laws and the court system to correct these short falls.








By C.O.

City Resident to run for trustee

Maybe it is time to try for a Pickerington City resident to run for Township Trustee again. Clearly the current majority of the Violet Township Trustees are either land owners themselves or their families have a great deal of money at stake when we have this uncontrolled residential growth.

Now someone with credibility who has written other types of impact fee ordinances that included the schools with these agreements is being discounted with little or no further investigation on that part of Terry Dunlap who by the way is running for re-election this November.

I would strongly suggest that those that visit this web site better start to look for two candidates to run for trustee this fall. I had thought Terry had seen the light and he was understanding the impact that all of these homes were having on our school system.

Thinking outside the box has never been one of Terry's strong suits. I think if this new idea is ever gone to be put into some kind of agreement it won't be done as long as Terry is that second vote.

Time for change in the township

Doesn't expect leadership

Unfortunately in my experience with Terry he has always hidden behind 'we can't do that because...'. I would be amazed if he exhibited any leadership in taking a point position for impact fees.