By BRADEN LAMMERS
Braden.Lammers@newsandtribune.com
SELLERSBURG —
A lien, carrying a penalty of $46,773, may halt the development of apartments near Ivy Tech Community College.
Sonny Sprigler, the owner of Greenbriar Apartments, asked the Sellersburg Town Council to waive a lien on the property at its Jan. 9 meeting. The council tabled their decision to look into the violations of the town’s Municipal Separate Storm Sewer System ordinance and the penalty placed against the property.
Municipal Works Director Ken Alexander said it is the first time the town has issued such a violation and the problems have been fixed.
However, a lien placed against the property and it’s initial developer, Z and S Builders, had not been paid when Sprigler took over the development.
The penalties imposed were set at $500 per day and the stop work order was first issued in November 2010, Alexander said.
According to town officials, a violation carries a minimum fine of $100 per day to a maximum of $2,500 per day.
“I didn’t know, when I took over, the damage was already done,” Sprigler said.
“This is work that should have been done throughout the project and you knew the work had not been done when you assumed the project?” asked Town Council President Paul Rhodes.
Sprigler responded that he was aware.
However, he added he was not aware of the lien on the property until after he purchased the development.
Sellersburg filed the lien with the Clark County Auditor’s office Oct. 10. But Sprigler said he bought the property Oct. 1, after the violation had already occurred.
Sprigler said he paid $15,000 to replace a silt fence and for excavation work to bring the development into compliance with the storm sewer requirements.
Councilman Brian Meyer offered to lower the penalty by the $15,000 Sprigler paid to fix the problem, but to enforce the remainder of the fine.
Sprigler still balked at the fine.
“To me $31,000 over budget ... for a fine that I had nothing to do with, I don’t understand that,” he said. “As a developer, how much money do you think I paid into this town for taxes?” Sprigler said. “I think you should show me some appreciation for what I did for Sellersburg.”
Rhodes thought the council’s decision was fair.
“Any leniency we show you is an appreciation of what you’ve done,” Rhodes said.
The council was hesitant to agree to a motion and discussed restructuring the penalty to follow a progressive structure for each violation, which they asked Clerk-Treasurer David Kinder to calculate along with Alexander.
“I want to hold firm in what we’ve done, granting some grace, based on I don’t want to kill the project the guy is doing,” said Councilman Michael Lockhart.
But if the fine currently imposed is approved, Sprigler said that is exactly what will happen.
“I won’t finish it,” he said.
The development currently has three buildings with 28 units, and once completed is set to total 12 buildings with 128 units.
The council agreed to further examine the progressive fines, the date when Sprigler purchased the development and tabled a decision until their next meeting on Feb. 13.
In other business:
• The council unanimously agreed to appoint Brent Densford to Sellersburg’s Redevelopment Commission.
In addition, Lockhart said a position still remains open on Sellersburg’s Board of Zoning Appeals and the town is accepting resumes of interested parties.
Sellersburg will also accept, through Feb. 3, resumes for a town attorney to replace Attorney Perry McCall, who resigned at the Jan. 9 meeting. McCall will remain as the town’s attorney until a replacement is hired.
• Sellersburg’s council approved an $850 annual contract with Mueller Systems, who provides the software for radio readers that measure water usage.
