Sellersburg redevelopment commission authorizes MOU and signal agreement to clear permit for State Road 60 traffic signal

The Sellersburg Redevelopment Commission on July 7 approved a memorandum of understanding with Hutton Sellersburg, Indiana SD LLC that will prefund a $30,000 utility and maintenance account and clear the way for a traffic signal permit at the intersection of State Road 60 and Applegate Lane.

The MOU, as described to the commission, is an amendment to a previously approved economic development agreement for a Wawa development. Under that earlier deal the total committed infrastructure reimbursement was $200,000 — with $150,000 from TIF funds and $50,000 from the adjacent developer, Platform Real Estate. The newly proposed MOU would add the $30,000 prefund to cover early utility and approach maintenance costs and reduce the town’s exposure during signal start-up.

A staff presenter said, “The MOU is that they would provide, for the commission’s participation in the signal agreement with INDOT, they would provide $30,000 in an account to the commission.” That account can be drawn on for the signal utility bill or for additional maintenance to the approaches if needed.

The commission also approved a traffic-signal maintenance agreement that formalizes roles among Hutton, the Indiana Department of Transportation and the redevelopment commission. Under the agreement presented, Hutton will install the signal as the permitted contractor; INDOT will assume long-term maintenance of the signal after an initial burn-in period; and the town body (the redevelopment commission) will be responsible for the electric utility bill and approach pavement quality. A staff member said the town’s exposure had been “limited” during negotiations.

Commissioners approved authorization to sign the MOU in substantially final form subject to final review by the commission’s attorney, and they authorized signing the INDOT signal agreement upon receipt of an updated signature page. The motions were moved and seconded in open session and approved by voice vote.

What the approvals mean in practice is that INDOT can now issue a permit to Hutton, allowing construction of the signal to proceed. Commission documents and staff comments indicated this step was needed to keep the Wawa development on schedule.

Votes and next steps: the commission voted to authorize signing the MOU, with a motion moved by Doug Reiter and seconded by Michael Richardson; the motion passed by voice vote (4–0). The traffic-signal maintenance agreement was approved on a motion by Todd Antz, seconded by Michael Richardson; that motion also passed by voice vote (4–0). The commission will exchange signed pages and complete any final attorney review outside the meeting so the permit can be released.

The agreements reviewed at the meeting were presented to the redevelopment commission as substantially final and had been reviewed by the commission’s attorney and staff prior to the vote. The MOU and signal agreement themselves specify the parties’ responsibilities and the funding arrangement; the commission’s formal signature will follow receipt of final signature pages and the attorney’s final approval.