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Mr. Horvath responded that the issue he has is that this is an ordinance that he needs to start <br />getting into compliance. If we continue to drag this out, the Department cannot continue to not <br />charge people. They would have to start putting bills together for people because they are not <br />going to be out of compliance with the ordinance any longer. If the Council wants to do <br />something where they say not to worry about that then by all means go ahead. It's not just the <br />City, the builders in the community are on pins and needles right now because they need to know <br />if they are going to get back charged or not or if they are going to have exemptions. <br />Chairperson Dr. Varner stated from what he has heard and believes, there is no intention to catch <br />people in retroactive assessments and he is willing to work to see that doesn't happen. <br />Chuck Leone, offices at 521 W. Colfax South Bend on behalf of the Town of New Carlisle, <br />stated the comments so far have been very appropriate. Any new developer or project in the <br />middle of development needs to know what to expect with these fees. This situation may lend <br />itself to an interlocal agreement between the County, towns like New Carlisle, and the City. <br />Once you have something like that in place, and they understand it may not be as quick as the <br />City would like, it may give developers a better landscape to look at coming into the area. <br />Dave Sieradzki, president of the local Home Builders Association, spoke on behalf of the local <br />builders. They are investigating the use of the assess ordinance down state with legal counsel <br />with other instances of compact fees and assessments. We need to be competitive to build in the <br />area and especially South Bend. In no way should we be charging assessment fees for those <br />using our local infrastructure that is in place. We should be encouraging people to come back to <br />South Bend and not discouraging them to move out to the County which is how the original <br />ordinance reads. He is worried that some ninety five (95) percent of the properties are going to <br />be exempted and it is on them to prove that they granted permits and don't get charged an <br />assessment. <br />Mr. Horvath responded no that won't be the case. The way the exemptions are structured makes <br />it a lot easier to figure this out. We know anyone who has been connected before July Pt is <br />exempt and we also know anyone that is doing a reconnection to an existing sewer is exempt. <br />The other ones would need development agreements which we are happy to do. <br />Mr. Sieradzki stating he is living in the moment and they are on pins and needles. In the County <br />there is no assessment hanging over them. For the City they are signing waivers that they will not <br />be on the hook for these assessments. All these properties are either on existing infrastructure or <br />infrastructure the builders put in and paid for. <br />Mr. Horvath responded those are exactly the case the exemptions are utilized. <br />Mr. Sieradzki responded yes and it is his concern they are not in place yet and HBA is looking <br />statewide to see at the whole assessment fee structure itself. As the builders, we want to work <br />with the City but make sure everything is fair. <br />Chairperson Dr. Varner stated its clear no one wants to do anything to hinder development to <br />take place. <br />R <br />