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HomeMy WebLinkAbout11-25-02 Utitilities Committee tOtttittitttt *port ftCttt COMM ittle The November 25, 2002, Utilities Committee meeting was called to order by its Chairperson, Council Member Al `Buddy"Kirsits at 4:20 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Aranowski,Pfeifer,Kelly,King, Varner, White, Kirsits, Kuspa and Coleman; Mayor Stephen Luecke, Terry Miller of the Chamber of Commerce, Department of Community and Economic Development Director Jon Hunt, Pat McMahon of Project Future, Public Works Director Gary Gilot, Chief Assistant City Attorney Aladean DeRose, Director of the Division of.Environmental. Services Jack Dillon, Mr. Paul A. Kempf, Mr. Matthew S. Cullinan, Mr. John Mountsier, Mr. William Hoye, Mr. Steven K. Brock, Mr. Ted Foti, Mr. Richard Nussbaum, Mr. Morris Rosen, Terry Bland of the Oath Oentr t ihmt, Kathleen Cekanski-Farrand, Council Attorney,and other members of the public. Council Member Kirsits stated that the Committee meeting was called to receive an update on Bill No. 88-02 which addresses proposed new sewer rates inside and outside the city limits. Mayor Luecke stated that the City Administration is continuing to have dialogue with its customers and are considering a more gradual level of rate increases which address the overall principles set forth in the cost of service study. The Mayor noted that earlier this summer they filed a proposed ordinance which was withdrawn at the request of the Council. The Administration then filed Bill No. 88-02 and are continuing to listen to businesses which are contending that they would experience "too big a hit" as the ordinance is currently drafted. The City Administration is now developing a 3rd version of the bill which the Administration would like continued until the 1st meeting in January. The continuance would provide ample time to share thoughts on the proposal and to review it thoroughly. Mayor Luecke stated that the Administration is respectful of its customers and would like to implement a new rate structure without undue stress. The Administration is looking at a two-year proposal with bonding covering more capital then originally recommended to the Council. He stated that with the City Administration as the Petitioner that they are requesting a continuance, however if persons would want to comment tonight at the public hearing that they would not oppose that process. The Council Attorney noted that the first regular meeting of the Common Council would be January 13, 2002. Council Member King noted that typically when a petitioner requests a continuance that the Council would not open the presentation and public hearing portion on the bill. He stated that it would be awkward, especially since there is not a new substitute version of Bill No. 88-02 before the Council at the present time and only the original version filed with the City Clerk's Office. Chief Assistant City Attorney Aladean DeRose stated that the Administration had hoped that the Council would open the public hearing so that renotification would not have to take place to save costs. She stated that the governing state law permits the Council to continue the public hearing from time to time. Mr. Morris Rosen, an attorney representing Castle Pointe Apartments cited Indiana Code § 36-9- 23-26.1 which governs the process. He stated that if the Council would open the public hearing tonight that they would have to come back again in January. Council Member Coleman suggested that a member of the Administration could address the Utilities Committee November 25, 2002 Page 2 Council and then continue the public hearing,and not open the hearing to public comment. Council Member King stated that he appreciates Council Member Coleman's suggestion, however he does not believe that that would be consistent with the South Bend Municipal Code. Mayor Luecke stated that he did not want the Council in the position of having to cut anyone off from making a comment. Council Member White noted that this bill addresses a critical issue. She suggested that the Administration consider rescinding the notices which have been sent and re-issue new notices to the 2,000 persons who were initially notified. She suggested that the City should make ever effort possible to make sure that the public is aware of the proposed rates, as well as their opportunity to participate in the process. Council Member Pfeifer stated that she appreciates the willingness of the Mayor to continue the bill since she is concerned about the "ordinary citizens"who are not present today. She suggested that the City should always to"the right thing". Mr. Rosen inquired why the City Administration does not withdraw Bill No. 88-02 like they did the first bill that was filed this summer. Mayor Luecke stated that the Administration would then have to go through having a new bill have a first reading and then be set for 2d and 3rd readings and public hearing. Mr. Richard Nussbaum inquired whether the Utilities Committee would be meeting between now and January 13,2003 to discuss the substitute bill after it is filed with the City Clerk. Council Member Kirsits stated that there would be at least one more Utilities Committee meeting before January 13,2002. The Council Attorney suggested that once the substitute bill is filed with the City Clerk that it be published in its entirety so that all members of the public will have access to the proposed revised rates. Mr. Hoye inquired whether persons like himself would be required to be present at this evening's Common Council meeting. He was advised that they would not have to be present since the Council, by proper motion and vote, would continue Bill No. 88-02 at the request of the Administration. Following discussion, Council Member Aranowski made a motion, seconded by Council Member Pfeifer that Bill No. 88-02 be continued until January 13,2002 at the request of the Administration and that the Bill be set for further hearing before the Utilities Committee. The motion passed. There being no further business to come before the Committee, Council Member Kirsits adjourned the meeting at 4:37 p.m. Respectfully submitted, Council Member Al "Buddy"Kirsits, Chairperson Utilities Committee KCF:kmf