The Sellersburg Town Council met in regular session January 12, 2004 at the Sellersburg Town Hall. Those present were Council President Douglas J. Reiter, Council Vice President Danny F. Yost, Council Member Trinette S. Imhof, Council Member Michael N. Lockhart, Council Member Jacques S. Smith, Town Attorney William P. McCall, III and Clerk-Treasurer David L. Kinder.

President Douglas J. Reiter called the meeting to order at 7:10 P.M.

Council Member Michael N. Lockhart offered a prayer to open the meeting.

Recited by all present.

President Reiter asks if everyone has read the minutes from the last meeting. Michael N. Lockhart makes a motion to accept the minutes of the January 5, 2004 Special Council Meeting, seconded by Danny F. Yost. 5-aye, 0-nay, motion approved.

President Reiter introduces Susan Baker from IDEM (Indiana Department Environmental Management).

President Reiter explains how meetings are to be conducted. If we have something on the agenda we will let the public speak on that and when we close public comment what we will do as a board is make a motion and then a second and then the board will discuss it and at that time, public comment is closed. The only people that will be discussing it will be the board members. The Town has adopted the Roberts Rules of Order and that is how it is done in the Roberts Rules of Order; open it up for public comment, they discuss it, we make a motion to discuss it between ourselves because we have the information from the public on that.

JOE OLSON: Presents the Council with summary comparisons of Health Insurance for the Town employees. Renewal of the health insurance is due in April.

ADAM KOCH: Speaks on behalf of Chief of Police Michael Stricker and retaining him as Chief of Police.

MICHAEL G. NAVILLE, (Attorney at Law): I represent Brian Welsh who is developing Kelly Estates, located on County Line Road in Floyd County. Mr. Naville presents letter from New Albany Sewer Board consenting to provision of sanitary sewer service by the Town of Sellersburg for the subdivision.

President Reiter tables this until the February 9, 2004 meeting.

WILLIAM HUBER: Speaks on behalf of retaining Michael Stricker as Chief of Police for the Town of Sellersburg.

JAY WYZARD, (Semonin Realtors): The bids for the Old Police Station property were opened today, a little after 1:00 P.M. today, with "Perry" (William P. McCall, III, Town Attorney) and Dave (David L. Kinder, Clerk-Treasurer) present. There were 4 (four) bids, the lowest two bids did not meet the required 90% of appraised value, the two that do meet the 90% criteria are Rick Fach, a bid of $93,731.50 (ninety three thousand seven hundred thirty-one and 50/100 dollars); the bid of Glenn and Sally Riggs was $103,600.00 (one hundred three thousand six hundred and no/100 dollars).

President Reiter asks for a motion to accept any of these bids, at least the last two, no motion so the bids are rejected.

Jacques Smith recommends that Wyzard talk to (President) Reiter at least a week in advance if he is interested in selling this property.

PRESIDENT REITER: States that the Utility Administrator will be the secretary for the Planning and Zoning Committee and the Zoning Appeals Board at no cost to the Town.

Jacques S. Smith makes a motion to have the Utility Administrator be the secretary for the Planning and Zoning Committee and Zoning Appeals Board at no cost to the Town, seconded by Trinette S. Imhof. 5-aye, 0-nay, motion approved.

PHILIP THOMPSON, (Environmental Management Corporation): In November (2003) I brought to the Council’s attention that it is our (EMC) intention to do the CPI increase, which as page 2 of the contract, states that when there is no

negotiations prior to the CPI increase it will go into effect the first of the year and I stated that it is our intention to do the minimum which is 3%, which is approximately $2,600.00 (two thousand six hundred and no/100 dollars) per month and will be reflected on the January (2004) bill.

President Reiter states this is tabled until the February 9, 2004 meeting asking that EMC justify this increase and that no increase will be paid until it is discussed further.

KEVIN WRIGHT, (EMC): We have a contract with Bastin Logan to clean the sand filters at the water plant and in doing this and once they got to the air pipes they found the air pipes are stopped up. Bastin Logan recommends that these forty-two sections of pipe be replaced. They gave us a price of $7,484.00 (seven thousand four hundred eighty-four and no/100 dollars) to replace these pipes.

Trinette S. Imhof makes a motion to approve the funds to replace these pipes, seconded by Danny F. Yost. 5-aye, 0-nay, motion approved.

KENNETH A. ALEXANDER, (Utility Administrator): Presents the Utility Manager’s report for January 5, 2004 until present time.

He needs to purchase a laptop computer and software for the Utility Administrator.

Jacques S. Smith makes a motion to approve the purchase of a lap-top, not to exceed $2000.00 (two thousand dollars), and purchase software, for a lap-top computer, not exceed $600.00 (six hundred dollars), seconded by Trinette S. Imhof. 5-aye, 0-nay, motion approved.

President Reiter instructs the Clerk-Treasurer that 50% of these costs come from sewer funds and 50% come from Storm Sewer funds, this includes his contract fees and all expenses.

NATHAN GRIMES, (Building Commissioner): Presents his monthly report.

R. THOMAS LOWE, (Town Court Judge): Presents an invoice from Veronica Russell, of Jeffersonville, to re-upholstering six chairs for the new Town Court at a cost of $930.00 (nine hundred thirty dollars).

Michael N. Lockhart makes a motion to approve the bill, seconded by Danny F. Yost. 5-aye, 0-nay, motion approved.

PRESIDENT REITER: Announces that the Council will be taking applications for a new chief of police, and Chief Michael Stricker will remain as acting Chief until a new chief is determined.

Michael N. Lockhart makes a motion to take applications for a new police chief, seconded by Trinette S. Yost. 5-aye, 0-nay, motion approved.

President Reiter directs Town Attorney McCall to contact the paper and advertise for the position.

MICHAEL L. STRICKER, (Chief of Police): Thanks everyone that supported him while he was chief of the police department.

WILLIAM P. McCALL, III, (Town Attorney): Presents ORDINANCE 2004-002, AUTHORIZING ZONING CHANGE WITHIN THE TOWN OF SELLESBURG, INDIANA (Evelyn Huff property from R-1 to B-2).

Danny F. Yost makes a motion to pass Ordinance 2004-002, seconded by Michael N. Lockhart. 5-aye, 0-nay, motion approved.

McCall advises he contacted Environmental Management Corporation, as directed in the last meeting, reference-amending language in their contract. I have an agreement from EMC, signed by them, and I need President Reiter’s signature and Witnessed and Attest by Clerk-Treasurer Kinder.

DAVID L. KINDER, (Clerk-Treasurer): Need a motion to approve payment of the claims as submitted.

Danny F. Yost makes a motion to approve payment of the claims, seconded by Jacques S. Smith. 5-aye, 0-nay, motion approved.

Have a claim from Jacobi, Toombs and Lanz, Inc. for $67.50 (sixty-seven and 50/100 dollars) for work on Sellersburg Stone Annexation. Motion by Michael N. Lockhart to approve payment of this claim, seconded by Danny F. Yost. 5-aye, 0-nay, motion approved.

Have a Claim, approved by the Parks Department, for Edwards Custom Mowing, for $1,551.00, (one thousand five hundred fifty-one dollars), for mowing services.

Jacques S. Smith makes a motion to approve the claim for mowing, seconded by Trinette S. Imhof. 5-aye, 0-nay, motion approved.

Have the minutes for the December 29, 2003 Regular Town Council Meeting, signed by the three council members in attendance; need this entered into the minutes that those minutes were approved by those members.

Jacques S. Smith makes a motion to adjourn the meeting, seconded by Trinette S. Imhof. 5-aye, 0-nay, motion approved and meeting adjourned at 9:15 P.M.

The Sellersburg Town Council met on January 19, 2004 at the Sellersburg Town Hall. Present were Council President Douglas J. Reiter, Council Vice-President Danny F. Yost, Council Member Trinette S. Imhof, Council Member Michael N. Lockhart, Council Member Jacques S. Smith, Town Attorney William P. McCall, III and Clerk-Treasurer David L. Kinder.

Council President Douglas J. Reiter called the meeting to order at 7:03 P.M.

This is a public hearing due to discussion of sewer tap increase. It was read at the last meeting and there have been no changes to it at this time. Is there anyone that wants to discuss it at this time?

JEFF BARTON: Questions if the sewer tap fee has already been paid that you are raising the price!

William P. McCall, III advises that there were agreements to sewer tap fees that were entered into by previous Boards. The Perry Crossing development agreed for 375 lots because of that type of agreement and the amount of the tap fees were included in that agreement I believe the Town would be bound by those types of agreements regarding tap fees that were prior to this ordinance not grandfathered in but are contractual agreements.

You have various developers who have been before the previous Town Council and have requested authority to tap onto the Town sewer system and the Town has agreed however they have charged them a premium, however the premium is not what it is going to be in this new ordinance, and I think that the Town would be bound by those premiums they have already set.

His (Barton’s) concern is that it is going to be retroactive; I do not think it is for those types of people. Now those that said they want to hook up at some point in the future would you all mind it, well we don’t have a problem, well we will be back and did not get that commitment from the Town that is a different situation and you will have to handle those on a case-by-case basis.

I (Barton) have already paid for the sewer tap, will I have to pay more now? Ken Alexander (Utility Administrator) advises that after six months he will receive a sewer bill for that tap. Barton questions if he can get a refund on what he has paid so he won’t be charged a sewer fee monthly.

President Reiter advises that Mr. Barton has raised a good point and he will check with the Town Attorney and the Utility Administrator and find out what is going on with it, I know with the ordinance that we have in effect, after six months you are suppose to be billed for that, because you have six months to build and tap in. Then after they consider you are already built and taped in and then they issue you a bill afterward. This has nothing to do with what we are doing tonight.

DANIEL LYNN: I am here on behalf of Bob Lynn and Lynn Developments and the point we would like to make, if you have already made the decision to raise the tap fees, then every subdivision that already has a pre-approved master plan we feel like that should be grandfathered into the existing fees.

GREG FURNISH: I want to take what Danny (Lynn) said one-step further. I believe Allen Conner and a couple other developments along that extension out toward Covered Bridge have things in writing that their sewer taps can’t go up is that correct.

Attorney McCall answers there are some agreements, yes, and there are agreements that were made during the course of these meetings.

Furnish advises that he will have to check with my attorney, like Sterling Oaks and even Covered Bridge, speaking on behalf of Danny’s part, are they part of that agreement or are they excluded from that agreement, even though we paid $890,000.00 (eight hundred ninety thousand dollars) to extend that line at our cost.

McCall states, which you got money back in regard to that. Furnish replies absolutely not! The agreement was suppose to be signed and it was never agreed.

McCall states he knows of no agreement with Covered Bridge about any additional taps.

Furnish advises that he is speaking on behalf of Sterling Oaks, I am the 21^st Century Developers, if we paid to put that line in and you have grandfathered developers after us to tap onto our line that we paid for that we didn’t get reimbursed for I think you are seriously jumping over a line that we need to look at and waiting until a future meeting I don’t see how you can see to do that, somebody need to make that decision. McCall states it doesn’t have anything to do with that issue it’s an increase in taps, what does that have to do with whether or not you have an agreement with the current tap structure or the new tap

structure, it simply an amount that is going to be assessed and not with who is going to be tapping on to that line. I don’t understand how that amount is going to affect any type of relationship or lack of relationship that you have with the Town.

Furnish; I guess I am looking for you to say if we have allowed Wes Porter and Connor and some of these others that are just now getting ready to tap onto our line we paid for, would it not make sense, since we have no reimbursement agreement that you all signed that we suffer the consequences of paying extra for tap in fees.

McCall asks what does this have to do with this? What does that have to do with anything that you believe the Town should do for you in regard to that? Because number one is where else, were you going to tap on to where were you going to go with your sewer for that development if you weren’t coming to the Town?

Furnish; legally are you going to allow developers that haven’t even taped into our line that we paid for grandfather and won’t even allow the two developers that paid $890,000.00 (eight hundred ninety thousand dollars) to put it in that is all I want to know.

McCall; if they have an agreement with the Town. If they have a previous agreement with the Town to tap in for whatever amount that was over and above the regular tap fee, yes, if they didn’t then it will be the new tap fee.

We have a project over here, Lakeside Estates that originally had about 98 lots in it, they are all finished and the sewer taps were about $1,800.00 (one thousand eight hundred dollars). When they went to $2,500.00, we had a choice to pay for all of them and at the time, we have, about 17 houses paid for and we paid the lot off.

Since then we have developed the back part there and Bob Lynn and myself were involved and it had about 55 lots in it and we sold to other people, Lynn took 17 lots and I took 17 lots and sold 25 lots out to others. Now we have a new one back there that has 72 lots in it, we have half of those lots sold to the same guys and they think the tap in fees are going to be like $2,500.00 (two thousand five hundred dollars) and now we are going to have to go back to them say they are going to cost more.

We would like to go ahead and write a check for the whole amount, which are about 71 lots, which is about $177,500.00 (one hundred seventy-seven thousand five hundred dollars) we would like to have the option to do that.

President Reiter states that he is now closing the public hearing and opens the Regular Council meeting.

Danny F. Yost makes a motion to consider Ordinance 2004-001, AN ORDINANCE AMENDING SEWER TAP FEES, on first reading, seconded by Trinette S. Imhof. President Reiter reads letter of explanation concerning this rate increase. 5-aye, 0-nay, motion approved.

Jacques S. Smith makes a motion to pass Ordinance 2004-001 on first reading, seconded by Michael N. Lockhart. 5-aye, 0-nay, motion approved.

Sonny Sprigler asks if the new rates are in effect right now, Reiter advises yes, unless there was a prior agreement.

R. THOMAS LOWE, (Town Court Judge): I have provided the Council President a copy of the purchase agreement from Data Design; they are supplying the computer software and hardware for the court case tracking system. I have an invoice from Data Design for $15,638.00 (fifteen thousand six hundred thirty-eight dollars) for server, two work stations, 2 lap tops, laser printer, including the hardware all of the software, a year of software support, configuring the computers and assembling the workstations and server, bench testing the equipment after it is loaded with all of the software and then also coming up and networking the equipment, they will also supply training for both myself and a court staff person, the total is $17,198.00 (seventeen thousand one hundred ninety-eight dollars), there was a reduction of $300.00 (three hundred dollars) on the cost of a work station. I have submitted a claim form and invoice for $15,638.00 (fifteen thousand six hundred thirty-eight dollars); we are not being billed for any of the per diem training days or any of the per diem days for coming and setting up the network. Those will come when those services are provided. I ask for the council’s approval of the invoice of $15,638.00 (fifteen thousand six hundred thirty-eight dollars) and that will come from the Building Fund (#261) that is set aside for improvement of the police building.

Jacques S. Smith makes a motion to pay the $15,638.00 (fifteen thousand six hundred thirty-eight dollars), seconded by Michael N. Lockhart. 5-aye, 0-nay, motion approved.

This is a capital outlay and we don’t anticipate having this expense but maybe every four or five years.

PRESIDENT REITER: Has the minutes from the Executive Session (of the Town Council) for January 12, 2004, I will just sign these.

Has everyone read the minutes of the Regular Council Meeting, January 12, 2004? Danny F. Yost makes motion to approve the minutes of January 12, 2004 as submitted, seconded by Trinette S. Imhof. 5-aye, 0-nay, motion approved.

Ken Alexander is going to represent us with River Hills; I have all the paperwork is filled out and in front of me. Danny F. Yost makes a motion to have Ken Alexander to represent us with River Hills, seconded by Michael N. Lockhart. 5-aye, 0-nay, motion approved.

I want to make an award for Ed Denton. Trinette S. Imhof makes a motion to purchase an award for a town resident up to $500.00 and not beyond, seconded by Jacques S. Smith. 5-aye, 0-nay, motion approved.

Town Attorney McCall advises that the advertisement for Chief of Police position was suppose to be in The Evening News today and it has been posted on the (bulletin) board today and it was going to go in the Courier-Journal, but the cost was to expensive. The application consists of a resume, cover letter, salary requirements and also meet minimum requirements of having five years service as a police officer with a full time police department, be a citizen of the United States, be a high school graduate or equivalent, be at least 21 years of age and free of mental illness and physically fit and successfully complete the minimum basic training requirements as set forth in Indiana Code 5-2-1. The applications will be taken until 4:00 P.M. on February 20, 2004 to be submitted to the Town Hall to the attention of the Town Council President Doug Reiter. Any questions to contact me in writing.

Jacques Smith requests that the advertisement also be placed on line.

Council requests that the advertisement be placed in The Leader.

Jacques Smith states that last week we considered selling the old police station and the Council is looking into maybe we could rent that out and if later we see the opportunity to sell it we could do so. I thought you (McCall) would know if we had some type of contract with the reality company that we were using.

Trinette Imhof advises that the realty gets 10% of the selling price of the property, provided we were offered 90% of the appraised value and we were offered $600.00 (six hundred dollars) over the appraised amount.

President Reiter advises that he and Town Attorney McCall talked to Jay (Wyzard, Semonin Reality) and he ask that the two proposals that we had, one for $93,731.50 and the other was for $103,600.00 (one hundred three thousand six hundred dollars) ask him to extend it because they had a cut off the day after the meeting that we had so he sent them a letter, in writing, they signed it and sent it back, said they would extend it, one said they would not. Actually the one for $103,600.00 (one hundred three thousand six hundred dollars) said he would extend it until after our February meeting. So we have time to think about it and discuss it.

(Jacques) Smith asks Trinette (Imhof) if she knows the cost to pay; his (Wyzard) company is 10%. Trinette advised, that is correct that is what the contract says. I (Trinette) can get a copy of that contract.

Clerk-Treasurer advises the Council that Wyzard kept all the copies of the bids for the building and that those should be on file in the Town Hall. President Reiter says he will call him.

MARY KRAMER (K. D. Stearley): addresses the Council concerning advertising on a Chamber of Commerce County map. She says she must know tonight, as the map will be sent to the publisher this week.

Danny F. Yost makes a motion to adjourn the meeting, seconded by Michael N. Lockhart. 5-aye, 0-nay, motion approved, meeting adjourned at 8:02 P.M.