The Urban Enterprise Association voted to adopt a $500 fee for waiver of noncompliance requests tied to the investment deduction, the board decided at its meeting.
Board members discussed that the fee is intended to cover the administrative and legal costs of drafting a waiver and presenting it to the UEA and city council. A board member moved to adopt the $500 fee; another board member seconded and the motion was approved by voice vote.
The board heard from UEA staff member Mary Anne that the fee would be used to cover costs of drafting a resolution and engaging outside counsel when needed. Mary Anne also noted that the fee amount was a starting point: "I just as a beginning place for the discussion, my thought was maybe $500, is probably about in the neighborhood of what the actual cost is by the time you factor in everybody's time," she said.
Members discussed the board's discretion to waive the fee in special circumstances. One board member said that while the fee should apply in most cases, the board should retain the ability to grant waivers when justified. Mary Anne explained the procedural steps a waiver requires: drafting the waiver document, submitting it to the company for approval, presenting it to the UEA board and city council, and filing with the county auditor so a company can receive its tax credit.
Board members noted the Indiana Code does not specify a required fee amount for these waivers. The board instructed staff to prepare a formal policy and brought up that a specific waiver application is expected at the next meeting. The board indicated it will notify the county auditor of the policy once finalized.
The board directed staff to draft a written policy on the fee for consideration at the November meeting and signaled the fee could be applied retroactively to a waiver the board expects to consider at that meeting.