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42 August 7, 2012 The Mooresville Town Council met in regular session on Tuesday, August 7, 2012, at 6:30 P. M. at the Mooresville Government Center. Town Council members present were: President George Watkins, Tony Langley, Virginia Perry, and Jeff Cook. Vice President Mark Mathis was not in attendance. Attorney Tim Currens was present. Jeff Newton, Free Methodist Church, gave the prayer. A motion was made by Councilman Langley with a second by Councilwoman Perry to approve the minutes of the July 17, 2012 meeting. Motion carried 4-0. Next was the public hearing for an additional appropriation from Public Safety LOIT for the $58,000 extra distribution from the State of Indiana from 2010 and 2011. A motion. was made by Councilman Langley with a second by Councilman Cook to approve Ordinance#11, 2012 an additional appropriation of$58,000 from Public Safety LOIT. Motion carried 4-0. Next was the public hearing for consideration of an ordinance establishing a municipally owned water utility. Council President stated this was not a question and answer just public comments and for convenience and necessity people who signed up to speak will have five minutes to speak and any utility that signed up will have 30 minutes to give their presentation. There were three from Indiana American Water so they would have 30 minutes total. Nancy Caldwell was first on the sign up sheet. She asked to speak after the utility company gave their presentation but that wasn't in the rules so she declined to speak. Randy Haymaker, 1068 Delwood Drive in Mooresville was next. He served on the town council from 1973 to 1976. He works for a consumer-owned utility that serves parts of 48 Indiana and 10 Illinois counties. He said he knew of no other community this size in population and tax base that has better streets, sewers,police, fire, ambulance, library or park services. He listed several advantages to local ownership of the water utility. Some advantages include coordination of fire protection, support for economic development and growth and decreased costs through shared use of staff,heavy equipment and consumer billing with other departments such as street, sewer and clerk departments. The entire comment is attached to the minutes. David Burns living on Campus Court in Mooresville commented. He said he was curious as to how funds would be allocated from various sources into various areas. He waters his garden and still has to pay a sewer bill and at times have had sewer problems and arguments in the past and it was hard to work out whom and how something was going to get paid. Mr. Burns asked what the Town would do with all the extra money, would it go into a general fund and disbursements made from the general fund. He stated he was just curious how the money would be handled. Allen DeBoy,president of Indiana American Water stated he had over 30 years of experience with water utilities. His first professional job was engineering support for General Water Works for Mooresville in the 1980's. He is very familiar with the system. Indiana American water bought United water in Mooresville in 2000. Indiana American is a subsidiary of the largest investor water company in the nation called American Water. Indiana American is the largest investor water company in Indiana. Indiana American thought they had an outstanding relationship with the Town Council and other political figures but something must have changed. Mr. DeBoy said they were shocked and stunned the town is taking this approach. His request for tonight was to sit down with the Town Council to discuss issues and concerns before the town goes down the path of eminent domain. Mr. DeBoy commented they have an excellent record of quality service currently at 92% rating. He was also proud of the company's compliance record as they have had no notices of violation with environmental regulations and the fact they have also made investment back to the community. He said typically Indiana American costs for users are less than other utilities a consumer has to pay. He commented Indiana American is an integral part of the community. They are governed by the IURC and they