HomeMy WebLinkAbout06-13-16 UtilitiesOFFICE OF THE CITY CLERK
KAREEMAH FOWLER, CITY CLERK
UTILITIES
Committee Members Present:
Committee Members Absent:
Other Council Present:
Others Present:
Agenda:
JUNE 13, 2016 5:17 P.M.
Dr. David Varner, Oliver Davis (late), Randy Kelly,
Regina - Williams Preston
Dr. Fred Ferlic
Tim Scott, Jo Broden, Gavin Ferlic, Karen White,
John Voorde
Kathleen Cekanski - Farrand, Adriana Rodriguez,
Kareemah Fowler, Jennifer Coffman, Jitin Kain
Bill No. 23 -16 — New rules and regulations for Installation
Charges — SUBSTITUTE BILL (Update Only)
Committee Chair David Varner called the meeting of the Utilities Committee to order at 5:17
p.m. The minutes are available online so everyone can go back over them to understand this
issue better. We received a letter from the Builder's Association stating that they believe the
compact fees as proposed are illegal, so we will not act on it until we have more clarification and
understanding.
Committee Chair Varner asked the committee if everyone is supportive of the idea of correcting
the record so there are no retroactive fees charged.
Council Attorney Kathleen Cekanski - Farrand located the Utilities Committee meeting minutes
from November 2001 when Gary Gilot gave a detailed presentation on the fees. She will send it
to the Council so they have a good sense of the background.
Committee Chair Varner stated that we want to be responsible for correcting that error.
Another issue is the installation charge, which is going to be handled in regards to how the
builder's association deals with it, and that I assume is going to be modified.
An issue that will come up regarding the proposal going forward, is for the compact fees. The
compact fee will be an ongoing charge to people who are not inside the City, but use City sewer.
455 County -City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601
Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendIN.gov
JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE EMILY SEXTON
CHIEF DEPUTY/ CHIEF OF STAFF DEPUTY/ DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
The decided upon method by which you calculate what the fee would be is a differential of
property taxes. If you don't pay property taxes and you find yourself exempt by default, is it the
intention that we create a default for not- for - profits, or was that accidental. If you don't pay
property taxes, there is no way to calculate fees.
City Clerk Kareemah Fowler mentioned that they could calculate the fees off of assessed value
rather than property taxes.
This would affect the casino because it will be on sovereign land. There are a lot of questions
that probably need a more in depth study, and we still need to get with Bill Schalliol for more
clarification.
If we are going to authorize compact fees, the question is should they be administered across the
board, or should we create exemptions, and how should we spell them out.
Committeemember Karen White asked if the Council would be looking to the administration for
suggestions, and the Committee agreed that they would.
The Committee decided to address the backlog to make sure that people are not worried about
past fees.
City Clerk Fowler offered to create a Dropbox for all information pertaining to the compact fees.
Committeemember Gavin Ferlic mentioned that if it is pushed past the August 1St date, maybe
there is an opportunity to make the exemption through October 1. We should look at other
communities regarding not for profits and exemptions for developers taking on all of the other
costs.
Committee Chair Varner asked if the Council is authorized to strike away potential liabilities
over a period of seventeen (17) years with a single action.
Council Attorney Cekanski - Farrand was not ready to answer the question, so Committee Chair
Varner stated that an answer would be needed before the Council takes action.
Jitin Kain, Department of Public Works on the 13th floor of the County -City Building, certainly
there is support for taking action and making sure that there are no retroactive fees.
The Committee decided that they would still be able to look at this on June 27th if we address
only the retroactive portion.
With no other business, Committee Chair Varner adjourned the meeting at 5:28 p.m.
Respectful bmitted,
Dr. avi Varner, Chairperson
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