Board amends Jan. 14 minutes to note staff clarification that voluntary impact fees cannot fund ongoing paving

The Board of Mayor and Aldermen voted on Jan. 28 to amend the minutes from its Jan. 14 meeting to reflect a post-meeting staff clarification that voluntary impact fees collected from developments are for off-site improvements and are not applicable to ongoing maintenance such as paving.

Alderman Robertson asked staff to clarify language in the minutes that had suggested the voluntary impact fees from Durham Farms could be used for future paving. Director Sarah Locke — called forward during the meeting — said she had reviewed the underlying legislation and, after consulting with Director Keith Freeh, concluded that the fees are project-specific and were not intended for regular, ongoing maintenance. Locke told the board that the fees are directed to off-site improvements and that performance sureties are used to ensure completion of on-site construction.

Alderman Robertson moved an amendment to change the minutes’ wording from "could be" to "could not be" regarding use of the fees; Alderman Evans seconded. Alderman Collins asked that the minutes instead include an asterisk noting that Director Locke later explained her original statement was inaccurate and that the fees would not be applicable; the board accepted that wording and instructed staff to work with the city attorney on the precise notation. The amendment and the minutes as amended passed by unanimous voice vote.