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Hillsborough County, Schools Spar Over Rules Of The Roads

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By MIKE SALINERO

The Tampa Tribune

Published: June 24, 2008

TAMPA - In a case that could have statewide implications, lawyers examined witnesses for nearly eight hours Monday in a lawsuit that will decide whether the Hillsborough County School District has to pay for off-site road improvements when a new school is built.

The school board sued the county commission after county officials threatened to deny approval for three new schools near Plant City unless the school system paid for new turn lanes and traffic signals at two nearby intersections. One of the intersections is a half mile from the school's site. The off-site work would cost the school board $2.8 million, according to Cathy Valdes, the school board's chief facilities officer.

The conflict illustrates the financial obstacles facing both government bodies as they try to deal with the aftermath of a four-year building boom in an era of reduced tax revenue. The school board has built 35 schools since 2003, and incurred $1.4 billion in debt.

The county government is facing $87 million in spending cuts and has a road system that needs an estimated $3 billion to $6 billion in improvements.

The arguments between the two sides boil down to the interpretation of state statutes governing school construction. Tom Gonzalez, representing the school board, pointed to a section of the statute that says school systems can pay for traffic control and safety devices "upon, or contiguous to, any existing or proposed educational plant."

"We're OK paying for a traffic signal that little kids need to cross for school," Gonzalez said. "But we believe the statute prohibits the school board from being required to spend school funds for infrastructure improvements that aren't adjacent to the school site."

County Attorney Rob Brazel focused on another section of the same law, which said a school board "may pay its proportionate share of the cost of onsite and offsite system improvements" made necessary by a new school.

"It says on-site and off-site, but they're focused on adjacent," Brazel said.

Maria Cahill, a land-use consultant and former administrator at the state Department of Community Affairs, testified for the school board.

"Education funds should be used to build schools, not roads," Cahill said after her testimony.

The one-day hearing was before Circuit Judge Ralph C. Stoddard. Both sides now have 30 days to submit written arguments to the judge.

The county and school district agree that whoever loses this round of the lawsuit will probably appeal.

Reporter Mike Salinero can be reached at (813) 259-8303 or msalinero@tampatrib.com

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