Anderson Redevelopment Commission

MINUTES ANDERSON REDEVELOPMENT COMMISSION November 14, 2023 PUBLIC MEETING Mr. Winkler, Economic Development Director, briefed 5:00 p.m. members on an agreement with IWM Consulting ED Conference Room, Room #105 group for Phase 2 environmental service for former 120 East 8th Street Plant 10 site. Mr. Winkler stated there is an Anderson Anderson, IN 46016 company considering to building a manufacturing facility on the site. MEMBERS PRESENT Richard Symmes, President Mr. McGhee asked if the Commission would be Danny McGhee, Vice President reimbursed by the company. Mr. Winkler stated, no, it Kenneth Davenport, Secretary will come out of GM funds. Brief discussion followed. David Eicks Mr. Davenport made a motion to approve the contract STAFF PRESENT Greg Winkler, ED Director with IWM Consulting in the amount of $34,950.00 and Karen Soetenga, ED Dept Mr. McGhee seconded. Motion passed unanimously; Mike Austin, Commission Attorney 4 yes, 0 no. Brief discussion followed. OHTERS PRESENT ARC09-23 Joint Resolution concerning the Lease of Councilor Crumes, City Council Parking Garage and adjacent Parking Lot Doug Whitham, City Controller Mr. Austin, Commission Attorney, informed members Ken de la Bastide, Herald Bulletin of a joint resolution between Anderson Kim Townsend, Anderson Housing Authority Redevelopment Commission and the Board of Works Angie Strickler, Citizen which deals with a lease signed in 2015 which offered Kellie Kelley, Citizen three year renewals. The lease was for the parking Ray Walker, Citizen garage at $25,000 per year as well as the adjacent OPEN PUBLIC MEETING parking lot for $100.00. Mr. Austin stated a renewal was completed in 2018 to extend the lease through ROLL CALL AND DECLARATION OF QUORUM October 2021 and nothing has been done since. Mr. Symmes, at 5:06 pm established a quorum with ARC09-23 cleans up the renewal making it retroactive four (4) members present. to 2021 and extending through October of 2024, providing a formal approval of the second 3 year term. MINUTES Mr. McGhee asked if the ARC has been receiving the Mr. Eicks moved to approve the September 19, 2023 $25,100 per year and Mr. Whitham, City Controller, minutes as presented. Mr. Davenport seconded. answered yes. Brief discussion followed. Motion passed unanimously; 4 yes, 0 no. Mr. McGhee made a motion to approve Joint FINANCIALS AND INVOICES Resolution ARC09-23 renewing the lease between the Commission members reviewed financials and ARC and the Board of Works for the leasing of the invoices. parking garage and adjacent parking lot and Mr. Mr. Eicks made a motion to approve the bills totaling Davenport seconded. Motion passed unanimously; 4 $282,896.87. Mr. Davenport seconded. yes, 0 no. Mr. McGhee asked if the October bills had been paid. Bingham Square Update Mr. Whitman stated the October bills were prepaid Mr. Austin, Commission Attorney, briefed members on with emailed approval. Motion passed unanimously; 4 the ongoing litigation with P.R. Bingham concerning yes, 0 no. the Bingham Square Apartments. Mr. Austin stated pretrial is scheduled for January. Mr. Austin informed BUSINESS members of other action taking place. Judge Contract with IWM Consulting Group for Plant 10 Jamerson issued a judgement concerning Geophysical Survey Site Investigation environmental issues fining P.R. Bingham $5,000 per property and a $150.00 fine for every day they were out of compliance and the Safety Board condemned Mr. Walker, citizen, stated he was disgusted that the building that housed the recent fire. In addition, fellow citizens of Anderson cannot be helped because the County Board of Health filed suit concerning a the City doesn’t own the property. Mr. McGhee stated sewer issue. Mr. Austin stated several tenants had the ARC must adhere to state laws and its hands are worked with Anderson Housing Authority to relocate, tied other than specific legal actions which are taking with some financial help from the ARC. The City is place. Mr. McGhee stated there must be an individual waiving any utility deposits needed for relocations. Mr. and community approach to the need. Discussion Austin stated there is some movement on a possible followed. Mr. Walker stated there are some things the purchase of the property but he is not able to talk community can do, but some things it cannot. about it in a public meeting. Councilor Crumes stated the City of Indianapolis and Atlanta, have found ways to help in similar situations. Mr. McGhee asked what happens if there is a foreclosure. Mr. Austin stated we do not know how Ms. Kelley, citizen, asked as a lien holder does the that will play out as any purchase is between a private ARC have any rights to protect the asset so it does not owner and a private purchaser. The ARC only gets degrade. Mr. Austin stated in theory you’d have funds involved when a possible sale comes before them for set aside for that like in the case of a bank. However approval of the assumption of the TIF bonds. in this case, to step in to stabilize the property would take hundreds of thousands of dollars. Mr. Austin Councilor Crumes asked if an administrator had been added if Commission Members were to improperly appointed. Mr. Austin stated sometimes foreclosures spend funds they can be found personally criminally have a receiver appointed to collect money and see liable. Discussion followed. that it is properly expended. Mr. Austin stated that has not happened yet and may not happen as it appears Mr. Walker stressed the importance of getting the no one is paying rent so there would be no need. individuals out of the building. Councilor Crumes said one person tried to pay rent but the portal is not working and a couple others have ADJOURNMENT been placed on waiting lists for relocation but the Meeting was adjourned at 5:49pm. apartments are not ready yet. Councilor Crumes informed members there is no water or heat available for some and it’s not simple for a few to move making it necessary for someone to be in charge of what’s happening. Discussion followed. Mr. Austin stated he registered heat and water complaints with the company’s attorney and received notice that no one is paying rent and they would not be fixing anything. Mr. Austin stated Bestway Refuge, at the request of David Eicks, has been picking up trash. Mr. Austin stated there are certain things the ARC is able to do; they have the right to foreclose on the lien when obligations are not being met and they can work with the City to take legal action to enforce environmental ordinances, both of which have been done. It is still private property owned by a private company; the ARC does not own it. Discussion followed. Ms. Townsend, Anderson Housing Authority, asked if Mr. Austin was aware if the new owner is talking to residents. Mr. Austin informed Ms. Townsend, there are companies looking at the property but there is no new owner at this point. Ms. Townsend, asked if the court could appoint an executor until the legal process plays itself out. Mr. Austin stated the judge could be asked. Brief discussion followed. Page 2