06-27-16 Utiliites - Laserfiche WebLink

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lot of questions on the exemption language and what Public Works decided to do is move forward in two (2) parts. The first part being the forgiveness piece for back charges and then at the same time have meetings with various interested parties to get additional input on the exemption language. They have received a lot of that input by meeting with the County representatives, Chamber representatives and Homebuilders Association. There was a good bit of confusion on the ordinances and what everything means and now there is a lot more clarity. They have asked those various interests to put their comments and suggestions in writing and submit it to them. They have not received any of those written suggestions yet but when they do they will try to get a new bill to the Council. The substitute bill before the Committee now forgives compact fees prior to January 1St 2017. It also forgives assessment fees prior to August 1St 2016 and eliminates the water compact fee from the ordinance. Committee Chair Dr. Varner asked if this bill anticipates if it were adopted the beginning the collection of compact fees of any sort. Mr. Horvath responded the forgiveness piece was put in place so that anything prior to January 1 It 2017 will be forgiven and the compact fees would start at that time. Committee Chair Dr. Varner stated that is the issue which needs more discussion. Council Attorney Cekanski- Farrand stated there are issues with the dates given in the bill regarding when the original 2002 ordinance was passed because there would not have been enough time in- between meetings. Also, when the substitute bill came down everything was in regard to the universal rate connections and the compact fees were never addressed in any of the public meetings. Also the state law is not referenced in any of the public documents received from 2001, 2002 or the latest version and the addition of the references to state law would help clarify some of the confusion. Committee Chair Dr. Varner stated that there was complete understanding that the Council wants to help correct the error and we don't want to see anything charged retroactively. The issue with the compact fees is still confusing because by passing this we would also be authorizing the collection of compact fees for an ordinance that was created twelve (12) years ago. The intent from the Council was not to authorize though until proper discussion can be held. Council Attorney Cekanksi - Farrand stated they also want clarification in light of the new state law which takes effect July 1St with regard to compact fees primarily in TIF areas and if it addresses non - profits. Committeemember Oliver Davis stated since it seems like we are trying to get entities in the County to pay their fair share it was brought to his attention that the City properties in the City of South Bend may not have paid their fair share of utilities. All of our departments have been identified as not paying their water bills in their budget. We should be taking care of our own obligations before we are requiring those in the County to pay their fair share. K