(updated post 8:50-a.m.)

Unless the Atlantic City Council decides otherwise, the Cass County Fair Board will be required to pay a nearly $3,100 building permit fee for the construction of a new Cattle Barn on the Cass County Fairgrounds. The Board had requested the fee be waived, and the City Council, during its meeting this past Wednesday, voted to turn the matter over to the City’s Personnel and Finance Committee.

Clockwise, from left to right: Kathy Somers, Committee Chair; Councilman Steve Livengood; City Administrator Doug Harris; Councilman Shawn Shouse.

That Committee Thursday evening took no action on a recommendation to approve the request, citing no way to fairly and equitably apply the current Ordinance to the Fair Board’s request, and the unprecedented nature of the request.

Committee member and City Councilman Shawn Shouse asked if perhaps the Board of Adjustment could possibly waive a building permit fee. City Administrator Doug Harris said that board can only waive what they are authorized to waive, such as variances. Harris said the Board has discretion to make mittimus changes in requirements and there is nothing in the ordinance that spells out the exact fees, but the City Council has the power to make “mittimus adjustments.”  He said if it’s done hap-hazard and at will, however, it opens the door to all ordinances being open to interpretation.

Shawn Shouse said, and the Committee agreed, that regardless of which non-profit agency asks a building permit fee to be waived, there is no way or logical justification for it, unless the ordinance is re-written to better define how fees are to be assessed. The Committee tabled discussion on reworking the current building permit fee until a separate, Ad Hoc committee can be formed to gather input on how best to improve the ordinance, which has not been revised in about 10-years and the fees for which building permits were issued, was based on 30-cents per square foot.

In other business, the Personnel and Finance Committee discussed, but voted against a proposal to move parts of City Hall and/or the Police Department into the former Sitel building on Southwest 7th Street. The discussion focused on the fact a great deal of money has already been spent on renovating the current City Hall, and it would be more cost effective to make the building more handicapped accessible, as required by the Americans with Disabilities Act.

Committee Chair Kathy Somers said the current building has the potential to serve the needs of the City, if some changes are made, such as moving the current Council Chambers to the upper floor auditorium and using the additional space created for offices and/or much needed storage space. Other issues, such as garage and parking space, are factors that can also be addressed by making less costly modifications to City Hall instead of purchasing the Sitel building, according to the Committee. The only advantages to moving into the building, it was noted, was full-accessibility, and better parking.