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12-09-13 Common Council Meeting Minutes
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12-09-13 Common Council Meeting Minutes
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REGULAR MEETING DECEMBER 9, 2013 <br /> <br /> <br /> <br /> Whereas, in light of the need for additional information and data on the proposed sewage <br />rate increases, as well as what appears to be conflicting information provided by the <br />Administration with regard to the over 60-page Consent Decree, Bill No. 64-13 was continued in <br />the Council portion of the public hearing to January 27, 2014, so that the City Administration <br />would have the opportunity to provide more detailed information and a variety of rate options for <br />the Common Council to debate, analyze and consider; and <br /> <br /> Whereas, since the Consent Decree was entered into, there have been articles published <br />noting that the EPA is “willing to consider renegotiating…Consent Decrees”, with one of those <br />articles being published in the June 5, 2012 edition of the Governing magazine entitled “Mayors <br />Question EPA Consent Decrees” where several Mayors contended that there is a “potential to <br />cause financial stress for local governments and their residents”; and another article published on <br />August 1, 2012 noting that the “tough economy might be making the agency more flexible”- <br />with that information being specifically shared with the City Administration; and <br /> <br /> Whereas, the Common Council notes that some of the Consent Decrees which have <br />resulted in modifications were based on new and relevant information which improved the <br />remedies and were from the cities of Indianapolis, Indiana; Toledo, Ohio; Atlanta, Georgia; and <br />Honolulu, Hawaii; and Whereas, the Common Council believes that the City of South Bend, <br />Indiana, has taken substantial steps and taken many good faith efforts to upgrade the sewage <br />treatment plant in the effort to reduce raw sewage discharges with the passage of rate increases <br />such as those in 2003 of 24%, a 29% rate increase in 2005, a 15% rate increase for 2007, an 11% <br />rate increase for 2009, and a 9% rate increase for each year thereafter through 2013; <br /> <br /> Whereas, the Common Council believes that all viable options should be investigated in <br />light of the local economy and its impact on the ability to pay higher rates and charges; whether <br />the most recent Resolution on Sewer Rate Increase Considerations population base was used <br />which reflects a population loss; whether the Michigan water standards are required or optional; <br />and other related issues, especially since no past or current Common Council Member was <br />involved in the discussions leading to the Consent Decree being entered into by the City. <br /> <br /> Now, Therefore, Be It Resolved by the Common Council of the City of South Bend, <br />Indiana, as follows: <br /> <br /> Section I. The South Bend Common Council hereby believes that in order to “establish <br />just and equitable fees for the services rendered by the sewage works…” that all reasonable <br />options should be analyzed, carefully studied, and debated before moving forward on raising the <br />current sewage rates set forth in South Bend Municipal Code § 17-21. <br /> <br /> Section II. The Common Council further believes that in order to carry out its statutory <br />duties with the primary one being fiscal responsibility that all viable and legitimate options <br />should be offered by the City Administration so that they may be properly vetted. <br /> <br /> Section III. The Common Council believes that an equitable sewer rate increase for the <br />2014 is warranted so long as it is based on current factual data, which is in compliance with the <br />applicable provisions of the South Bend Municipal Code, the Indiana Code and the Consent <br />Decree. However, the Common Council further believes that the City Administration should <br />carefully review all possible alternatives including potential modification of the current Consent <br />Decree, with that review beginning post haste, so that discussions between the Administration <br />and the Council can begin in early January 2014. <br /> <br /> Section IV. This Resolution shall be in full force and effect from and after its adoption by <br />the Common Council and approval by the Mayor. <br /> <br /> <br /> s/Dr. David Varner, 5th District Council Member <br /> Member of the South Bend Common Council <br /> <br />th <br /> s/Dr. Fred Ferlic, 4 District Council Member <br /> Member of the South Bend Common Council <br /> <br />29 <br /> <br /> <br />
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