BOW Approves Permit Fee Adjustment For Plymouth Man’s Ice Cream Business
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David Slone-dslone@timesuniononline.com
A Plymouth man and his partner sought a reduction Monday from the Warsaw Board of Public Works and Safety in the cost for a permit fee to sell ice cream out of their mobile truck in the Warsaw city limits.
The Board approved for the man – Kelly Davis of Cold Delights ice cream trucks – to pay $250 for three months instead of the $1,000 one-year fee for a resident of the state of Indiana.
Warsaw Community Economic and Development Director Jeremy Skinner explained that, typically in the past, a merchant would go to the Building & Planning Department and request a deduction in the merchant and peddler permit fee, which would then go before the Board of Works to make that decision as the Board has the only authority to do so.
City Planner Justin Taylor said the intention of the permit fee “was to protect local businesses, but occasionally, if the Board sees fit, we have the ability to lower or waive those fees, depending on the type of business and if it’s going to compete with another business locally.”
The city has four types of merchant and peddler permit fees. For a resident of the city, a one-year fee is $100; county resident, $300; Indiana resident, $1,000; and for a resident outside the state, the one-year fee is $3,000. Another way to get a permit is to pay a fee per day per employee – $5 per day per person for a city or county resident; $50 for a resident in the state; and $100 per day per employee for a resident outside the state.
Mayor Joe Thallemer said this particular case seemed to be a little bit different from previous cases in that Davis is just selling ice cream from a mobile truck.
Davis told the Board, “We have ice cream trucks that run through the city streets. We’re permitted through all of Kosciusko County. We got stopped four years ago when we first tried to come into the city and they said we needed a permit. I went to get the permit and it was $1,000. I can’t afford $1,000 for a permit to sell ice cream. ... It’s just ice cream.”
He said they just started their business four years ago and now he has people calling his phone, asking him to bring them ice cream. When they give him their address, it turns out it’s in the Warsaw city limits.
“So I’ve got people calling me, wanting me to come into the city limits. I’m not going to do that without a permit. I don’t go anywhere without a permit,” Davis said.
He said it’s already past the halfway point of the ice cream season, but they would like to do something in the city. Davis also said they “spend a lot of money” in the city.
He said they usually buy yearly permits by March 15, and begin running before the end of March. At the first of October, they begin selling off what ice cream is left.
Board of Works member George Clemens said the discount could be based on the fact that it’s already July, and he was a little sympathetic as they live so close, but they could be setting precedence.
Taylor said the Board has pro-rated the fee before.
Councilman Jeff Grose confirmed that the truck doesn’t park and set up shop, but is mobile and moves around. He said the out-of-county resident fee is $1,000, which is $83 a month. For three months, the permit fee would be about $250.
“I’m just hesitant to do this kind of thing,” he said, but if they gave them a three-month pro-rated out-of-county permit, they could re-evaluate it in January and look at how well Davis’ business did.
The Board of Works members agreed that because the ice cream truck was mobile, only sold ice cream and is seasonal, “it is a little bit different.” Thallemer asked Taylor to look at maybe if there needs to be a seasonal permit fee. Taylor said there was the “fee per day per employee,” but they could go back and look at that.
Grose made a motion for Davis’ permit fee to be $250 for three months only, and the motion was approved 3-0.
Another matter brought before the Board of Works was a donation of a parcel of land at 607 E. Market St. from Patricia K. Buskirk.
Jacob Ihrie, assistant city planner, said, after discussing it with city engineer James Emans, the parcel of land would be an ideal site to replace the pump station about 200 feet to the west.
“As the property stands now, how water sits on it, it’s not buildable,” Ihrie said, adding that the past property tax levy on it is about $168 a year. The Planning Department recommended the Board accept the property donation.
Thallemer asked who owns the property to the west, but Ihrie didn’t know, though he could find out. Taylor said they didn’t talk to the property owner to the west. Skinner said they wouldn’t need both properties for the pump station.
Clemens said he didn’t see a reason not to accept the property donation, though Thallemer said the city would have to maintain the property, such as mowing.
The donation was tabled for further information.
In other business, the Board of Works:
• Approved the purchase of two 2021 Ford Police Interceptor Utility all-wheel vehicles for the Warsaw Police Department from Kerlin Ford for a net total of $73,453.78. The quote from Kerlin was the only one submitted by the deadline.
• Approved the bid from Lassus for 2022 fuel costs for the WPD. The bid is for 78,000 gallons of 87 Octane Unleaded fuel at $2.576 per gallon, including all taxes.
• Approved the purchase of a 2020 Dodge Durango through a state bid for $36,533 from John Jones Auto Group to replace Warsaw-Wayne Fire Territory EMS Fire Chief Chris Fancil’s 2008 Chevrolet Tahoe with 204,655 miles on it. The Warsaw-Wayne Fire Territory approved the purchase on July 6.
• Approved a contract with The VIC for $1,952 to do the catering for the city’s employee picnic Aug. 25, with a rain date of Aug. 24. Each employee will get two meat options (brats or hot dogs), along with their sides.
• Approved a proposal from Emans for drain improvements to the City Hall roof at a cost of $49,113 from CORE Mechanical.
“We had some freezing last year that caused some backup into our system and came down into the building, and it’s something we need to get done. It’s a need,” Thallemer said.
• Approved the Buffalo Street Plaza project change order No. 6 from Selge Construction Co. Inc., resulting in a decrease to the project of $95,047.61. The final contract price for the project is $2,114,533.19. The Redevelopment Commission approved the change order last week.
• Approved the Pike Lake Shoreline Stabilization project change order No. 2 for contractor G & G Hauling & Excavating Inc., resulting in a decrease of $24,481.80. The original contract price was $157,998, with the new price after the change order at $146,629.
A payment of $29,292.20, with a of $2,929.22, also was approved to G & G. Then, the Board approved the release of retainage of $14,662.92 to G & G, which completes the payment for the project.
• Announced the next Board of Works meeting is at 10:30 a.m. Aug. 6.
