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Commissioners discuss jail impact fee and await Supreme Court-related lawsuit outcome
Summary
County commissioners reviewed a draft jail impact fee study and an intergovernmental agreement; cities may proceed with local review but collection would be delayed until a lawsuit over previously collected fees is resolved.
Kootenai County commissioners on April 2 discussed a jail impact fee study and an intergovernmental agreement template that would allow cities to adopt an impact fee, but several city officials said collection should be postponed until a pending legal case involving the county treasurer is resolved.
Commissioner Bruce Mettari said Emily Smith, a city attorney, reviewed the draft impact fee study and the intergovernmental form and found them suitable for presentation to local advisory boards. Smith said Rathdrum could begin reviewing the documents but noted the county should not expect collection before the legal matter is resolved.
Commissioners and city officials acknowledged a lawsuit involving the county treasurer that is scheduled for oral argument in Boise in May; participants said a court decision would likely follow several months later. One commissioner reminded the group that cities and highway districts have sought return of past fees and interest if the courts rule in their favor. County staff said monies from prior collections remain in county accounts and have been designated for the purpose and earning interest.
Several city representatives said they oppose adopting any new impact fees until the lawsuit conclusion and potential refunds are settled. The discussion concluded with agreement to distribute copies of the study to interested cities for local advisory-board review; no collection timetable was set.
No formal action was taken at the meeting.
