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Council Attorney Kathleen Cekanski - Farrand stated they have never crossed through what is currently on the books for exemptions. Mr. Horvath stated the only exemption so far is E. That is the only one on the books. Chairperson Dr. Varner asked is the really important piece from the Administrations perspective is getting so we are in compliance with the ordinance. Mr. Horvath responded yes. Council Attorney Cekanksi - Farrand stated there is also the questions of specifying in the bill who has the burden of proof in these exemptions. Mr. Horvath responded if it makes it easier that we say there will not be assessments if other than those City dollars were used to build, we can do that. The reason they left it as it was because a developer might build a long water or sewer line they would be exempt from theirs but others connecting we wanted to give them the ability to enter into a reimbursement agreement. But, if we want to say all assessments will be waived for any water or sewer built by a developer or the County then that is fine too. Linda Rogers, President of Nugent Builders, informed the Committee that there legal counsel is reviewing this ordinance and their original belief is that this violates the Indiana Impact Fee statute. This bill may be subject to legal challenge and before anything is done the Council should step back and see what the state says. We wish to work with the City, we understand the City is under financial constraints. This should be an equitable and fair resolution but also one that is mutually beneficial. It can benefit the City, residents, and developers. Ms. Rogers believes the original ordinance passed in 2002 should just be scrapped and something should be put together that works for everybody. James Mueller, Chief of Staff in the Mayor's Office with offices on the 14th Floor of the County City Building, stated the utility is going to recover its cost regardless. The real question is who is going to pay for new development. Should the developers pay a fraction of the cost which is what the assessment fee pays for or do you want to put it all on the backs of rate payers? That is the essential debate here. The City thinks there is the justification that the cost should not be pushed onto all ratepayers, a low income community, so when we talk about a fair and equitable solution we need to keep in mind where the costs are shifted to. Mr. Horvath stated if he was asked to look at scrapping this 2002 ordinance and starting over, he personally would want to look at it from a cost of service perspective and try to recover all the money needed to extend lines. Otherwise you will always have a portion of that rate paid by the conglomerate of your rate payers. That number would certainly come out to be more expensive than the current rates. Chairperson Dr. Varner stated we need to first address the issue that this ordinance hasn't been enforced since 2002 and people are concerned about retroactive enforcement. People are justifiably concerned about that so that needs to be clarified and Mr. Horvath and the 7