Anderson Redevelopment Commission

MINUTES ANDERSON REDEVELOPMENT COMMISSION November 19, 2024 PUBLIC MEETING Mr. Winkler, Economic Development Director, 5:00 p.m. briefed members on the projected expenses for ED Conference Room, Room #105 infrastructure and economic development projects as 120 East 8th Street outlined in the 2025 Spending Plan. Mr. Winkler Anderson, IN 46016 stated the projects are expected to include spending over the course of 2025 but many of the projects will MEMBERS PRESENT continue further into 2026 and possibly 2027; all Richard Symmes, President funds will not be expended in 2025. Mr. Whitman, Danny McGhee, Vice President City Controller, stated this is the first year the report Kenneth Davenport, Secretary has to be submitted through Gateway and Mr. David Eicks, Member Pitman, Barnes and Thornburg attorney, encouraged Larry Savage, Member the Commission to go high on estimates and to capture everything that might happen. Mr. STAFF PRESENT Whitman stated the Commission may entertain Greg Winkler, Economic Development Director Karen Soetenga, Economic Development other items in 2025 but they will need to be added to Mike Austin, Commission Attorney the plan. OTHERS PRESENT Mr. McGhee asked what the fiscal payments Doug Whitham, City Controller included. Mr. Whitman stated the paying agents Cheryl McKinney, Citizen who make payments to the bond holders charge fees. Rebecca Crumes, Citizen Mr. Whitman stated the plan does not include Nicole Kapuscinski, Citizen revenue. Brief discussion followed. Aaron Kapuscinski, Citizen Councilor Dixon asked if a City Council member OPEN PUBLIC MEETING could be a member of the Commission. Mr. Austin, Commission attorney, stated theoretically, yes. Brief ROLL CALL AND DECLARATION OF QUORUM discussion followed. Mr. Dixon asked Mr. Eicks if he Mr. Symmes established a quorum with five (5) has a court order for the eviction of the individuals members present. living in the Bingham Square Apartments. Mr. Eicks MINUTES answered no. Discussion followed. Mr. Davenport moved to approve the October 15, 2024 meeting minutes as presented. Mr. McGhee Mr. Davenport made a motion to approve the ARC seconded. Motion passed unanimously; 5 yes, 0 no. Spending Plan for 2025 as submitted and Mr. Eicks seconded. Roll call vote was taken. Motion passed; 4 FINANCIALS / INVOICES yes, 1 abstention. Commission members reviewed financials and Richard Symmes, yes invoices to be paid. Danny McGhee, yes Kenneth Davenport, yes Mr. Eicks moved to approve the invoices presented in David Eicks, yes the amount of $306,825.89. Mr. Davenport seconded. Larry Savage, abstained Brief discussion followed. Motion passed unanimously; 5 yes, 0 no. Action on Draw #10 – KennMar Project BUSINESS Mr. Winkler stated Draw #10 was reviewed by Mike Action on ARC Spending Plan – 2025 Montgomery, KRM, and he recommended payment in full. Mr. Winkler invited anyone who would like to walk through the facility to let him know. Discussion vote was taken. Motion passed unanimously; 5 yes, 0 followed. no. Richard Symmes, yes Councilor Dixon asked when the store is to be Danny McGhee, yes opened. Mr. Winkler answered by October of next Kenneth Davenport, yes year. Ms. McKinney, citizen, asked when it was David Eicks, yes originally to be open. Mr. Winkler stated the original Larry Savage, yes contract had a projected opening date by the end of 2024. Discussion followed. Action on Environmental Restrictive Covenant – 2948 South Scatterfield Road Mr. McGhee asked if there is any case where some of Mr. Winkler briefed members on an IDEM request the work may not be completed but they are billing concerning the recording of an Environmental for it, noting comments about lights and wiring. Mr. Restrictive Covenant for 2948 South Scatterfield Winkler stated Mr. Montgomery has indicated the Road, the former parking lot of Remy Headquarters. work is on track and draws reflect work that has Mr. Symmes briefed members on the need to block been completed. Mr. Eicks stated the Commission access to the parking lot because individuals are hired construction inspection by KRM in order to using it as a dump site. insure that is the case. Brief discussion followed. Ms. McKinney asked if the property is for sale and Mr. McGhee asked if Mr. Montgomery could, in his Mr. Winkler answered no. draw review letter, refer to the ARC’s obligation instead of the entire obligation. Mr. Winkler stated Mr. Winkler stated the covenant addresses he would ask Mr. Montgomery. restrictions for use; if something is built on site the soil will need to be tested, there will be a restriction Mr. Eicks made a motion to approve Draw #10 for on the use of groundwater and residential use is not the KennMar Project in the amount of $417,775.28 recommended. Mr. Austin stated it will need to be and Mr. Davenport seconded. Motion passed; 4 yes, recorded. Brief discussion followed. 1 no. Richard Symmes, yes Mr. Davenport made a motion to have President Danny McGhee, yes Symmes sign the Environmental Restrictive Kenneth Davenport, yes Covenant for 2948 South Scatterfield Road and David Eicks, yes record it and Mr. Savage seconded. Roll call vote was Larry Savage, no taken. Motion passed unanimously; 5 yes, 0 no. Richard Symmes, yes Action on Annex Railroad Contracting LLC – Danny McGhee, yes Surfacing Sirmax and SER Tracks Kenneth Davenport, yes Mr. Winkler stated the invoice for Annex Railroad David Eicks, yes Contracting LLC reflects repair work required by Larry Savage, yes CRX to maintain the spur which services both SER and Sirmax. Brief discussion followed. Ms. Crumes asked Mr. Austin if Bingham Square Apartment owners were aware they have a water Mr. Savage stated he wanted to clarify his no vote on leak. Mr. Austin stated he did not know of the leak KennMar Draw #10. Mr. Savage informed members and will inform their attorney. Councilor Dixon he was accused, by the Herald Bulletin, of having asked if individuals could have more time to move ties and of being in collusion with Perfecto Tool and out of Bingham Square as he was told the Anderson Die in their request for assistance concerning an Housing Authority does not have any available ARC owned property. Mr. Savage stated the housing. Mr. Savage asked Mr. Eicks to turn the reporting was not fair. Brief discussion followed. power back on. Discussion followed. Mr. Eicks stated everyone that has a lease has their power Mr. McGhee made a motion to approve the invoice turned on with the exception of one and the Safety from Annex Railroad Contracting LLC in the amount Board has twice issued orders to vacate because it is of $39,043.00 and Mr. Davenport seconded. Roll call unsafe. Discussion followed. Page 2 Mr. McGhee asked Mr. Austin what the Commission’s role is in the matter. Mr. Austin stated the Commission lent funds to the developer with the idea to fix up Bingham and the developer did not come through. ARC has a lien on Bingham to recoup their funds and have similar rights as a bank when it holds a mortgage on a house. Mr. Austin stated there is not much the ARC can do legally because it only has the lien and the right to collect money from the developer, adding there is a lot of misinformation surrounding the ARC’s role. Ms. McKinney stated the individuals are caught up in the mess because the ARC did not do what they should have done in the beginning of the project. Mr. Eicks stated the utilities are governed by the IURC; after two and half months of nonpayment utilities can be turned off. Discussion followed. Mr. Eicks stated everyone has received an offer to move and the City has paid relocation costs for several individuals but cannot make someone move. Discussion followed. Mr. Eicks stated for everyone who voluntarily leaves help would be made available if they did not have the finances to do so. Mr. Eicks stated that the owner of buildings evicts people, however, there is an Unsafe Building Ordinance that allows the Safety Board to evict people when the building is unsafe. Mr. Eicks stated the Safety Board has done that for both apartment buildings owned by Mr. Plicta but some individuals have not left. Discussion followed. Meeting was adjourned at 6:01 pm. Page 3