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Personnel and Finance Committee Meeting Minutes of November 6, 2008 <br />Page 3 <br />legislation needs to be made, especially now that the interpretation of capital outlay has <br />been expanded by the local commission. <br />Dr. Varner also noted that he believes that there needs to have an "absolute accounting of <br />the money available" in order to solve the fiscal challenges facing the city. He noted that <br />the .2% was established by local ordinance; and that every budget has a % left over at the <br />end of each calendar year. <br />City Controller Fanello stated that she too believes that the state legislation addressing TIF <br />needs to be clarified. She stated that she is required to sign checks and has the authority <br />to decline signing if she does not believe expenditures are legal. <br />Council President Rouse questioned the role of the City Controller in this regard, noting <br />that he did not believe that she was the "final decision maker". <br />Ms. Fanello stated that she has the "power to audit" such expenditures. <br />Jeff Gibney, the Interim Director of the Department of Redevelopment noted that at all of <br />the meetings of -the Redevelopment Commission either an attorney from the City <br />Attorney's Office is present of Richard Nussbaum is present to provide legal advice. He <br />noted that by comparison the City of Chicago has 161 TIF Districts, and that each of South <br />Bend's has been done legally. He then summarized the timeline from the creation of the <br />downtown TIF Distrit, the West Washington TIF District, etc. and the public process which <br />took place in each instance by the commission. He stated that without TIF these areas <br />would be worse today. He cited that expansion of the Airport TIF to include LaSalle <br />Square. He stated that the Redevelopment Department is 1.48% of the civil city budget. <br />He further stated that discussion about TIF is "well-worth having". He cautioned however <br />that tax abatement and TIF is "not a nice marriage". Seven (7) years ago the NE <br />Neighborhood was 50% vacant, and with TIF a $200 million development is now in the <br />works for that area. He noted that TIF monies cannot be used for general operating <br />expenses. <br />Council Member White stated that she believes that there needs to be further public <br />discussion on the use of TIF monies and clarification and TIF and of the Rainy Day Fund <br />monies is needed also. She stated that the "best use" of such funds should be the point of <br />discussion which becomes a philosophical issue.. <br />City Controller Fanello stated that she believes that the TIF state law is vague and that city <br />policies should be developed on how TIF monies should be used since other communities <br />interpreting the same state law have varying interpretations. <br />Mr. Gibney stated that he disagrees with the City Controller on this issue. <br />