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HomeMy WebLinkAboutBPW-06-23-87 SPECIALMINUTES OF SPECIAL BOARD OF PUBLIC WORKS MEETING JUNE 23, 1987 × A special meeting of the Board of Public Works of the City of Carmel was called to order at 7:25 P.M. on June 23, 1987 with Board member Swift present. Also present were City ~ttorney Andrews, Clerk-Treasurer Hancock, County Attorney Adler and County Commissioner Goldberg. The meeting was also attended by many developers and citizens interested in an ordinance for road impact fees recently passed by the county commissioners. Mr. Adler explained the ordinance and stated that the ordinance applied to any development within the county even with the corporate limits of a city & of town. Mr. Andrews stated the statutes give the jurisdiction for such fee to the city and that the ordinance could not pre-empt the city's jurisdiction. Ms. Goldberg stated that the intent of the commissioners was to pass an ordinance whereby the problem of poor roads could be addressed and monies generated to repair and maintain roads which became heavily traveled due to development. Ms. Goldberg also stated that it was not the intent that the ordinance apply within corporate limits. Mr. W. A. Brothers, Louisville, Kentucky, with Republic Development Company stated that with the new ordinance, the county would be "double-dipping" in that the developers were already responsible for improving the roads fronting the development property and now they were expected to either pay an impact fee or donate goods & services for road work elsewhere. Mr. Will Wright, Carmel, developer spoke to the ordinance stating that it was vague and should not need several attorneys to interpret it. Mr. Wright also stated that in court cases in other states it was established that certain criteria must be-met. Mr. Wright stated that the requirements to be met for an impactffee are, as established by litigation in other states, I) prorata share against the development based on the total impact, not on an arbitrary amount, 2) unbiased audit be established that establishes the financial need or impact that that total development activity is going to have and that the fund established from those fees is not irrationally applied 3) amount of money that is collected from the impact fees is allocated to the area in question 4) funds must be restricted, put into a special fund where they cannot be touched and must be used for the purpose intended and an accounting be made from time to time to see that the impact fees are properly allocated. Mr. Wright suggested that a group be formed to work on the ordinance to produce language which addresses the above issues and that the ordinance should spell out the "intent" of the commissioners. There was much discussion regarding Mr. Adler's statement that the commissioners would prefer goods and services in repairing roads to the actual contribution of monies. It was suggested by several in attendance that as the make-up of the commissioners changed through elections, that ~he "intent" of these commissioners was not spelled out sufficiently to be able to know what the intent would follow in the future. ~r. Adler stated it was not intended to be specific so that the Commissioners would have the ability to negotiate whether fees would be paid or roads would be built and where the construction would take place. Mr. Richard Albright, 10235 North Delaware, president of the Plan Commission stated that the ordinance was a step in the right.direction as the development of Clay Township put an increasing strain on the roads. Mayor Reiman suggested that as a wrap-up to the meeting, that the intent of the commissioners that the ordinance r.ot apply to any development within corporate limits be spelled out and that some of the developers meet with the commissioners to work on alternative wording in the ordinance. Mr. Wright stated he would work on getting a date set for the meeting. Mr. Al Oak volun teered his services on the committee as did some others in attendance. There being no further business to come before the meeting, the same was duly adjourned at 8:55 P.M.