04-23-09 Personnel and Finance & Health and Public Safety

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~~ _f ... ~ ~ ~~~ -~ ~:~ PERSONNEL AND FINANCE & HEALTH AND PUBLIC SAFETY APRIL 23, 2009 P & F Committee Members Present: Tom LaFountain, Chairperson; David Varner, Vice- Chairperson; Karen White; Oliver Davis HPS Committee Members Present: Karen White, Chairperson; Ann Puzzello; Henry Davis, Jr.; Timothy Rouse; Marcus Ellison, Citizen Member Other Council Members Present: Derek Dieter; AI "Buddy" Kirsits Others Present: Mayor Luecke, Catherine Fanello, Jeffry Walters, Charlotte D. Pfeifer, George Lane, Aaron Lowery, Mel Reed, James Walsh, Kathleen Cekanski-Farrand, Chief Boykins, Steve Goen, Jackie Rucker, Phill Johnson, Jamie Loo, Chuck Leone, Hardie Blake Agenda: Bill 29-09 User fees for Public Safety Karen White, Chairperson, Health & Public Safety Committee and Tom LaFountain, Chairperson, Personnel & Finance Committee called the meeting to order at 5:00 p.m. They introduced their respective committee members and gave a brief backdrop to the purpose of Bill 29-09, whit it was drafter, its intended purpose, and finally, today's hearing to further public discussion on the bill. Tom said during last summer's police and fire negotiations the importance of finding new revenue streams to supplement a budget compromised by HEA 1001, was discussed. In light of that he asked Council Attorney Farrand to research what other cities do to defray expense incurred by the additional services required for special events and visiting dignitaries. Tom turned to Attorney Farrand for her background summation and rationale for the bill that came to be to address these extraordinary expenses. She outlined the Council's right and scope of authority under Indiana "home rule" statutes. Most importantly in this instance the Council clearly has the right to set fees for services as long as they met several criteria: fees were based on a reasonable recovery of costs, were clearly stated, fairly established, and universally applied. She maintained 29-09 met all of the criteria. To that end she described the methodology used to establish fees. She added that in her legal opinion the bill she drafted has a sound, legally defensible basis.