By MARGARET L. WILLIS

The Burns Harbor Town Council did not, in fact, vote to condemn any property in town, or seize any by eminent domain, at their Jan. 24 executive session.

Those charges, made anonymously in a copied letter distributed to residents this week, frustrated and angered town council officials.

Council president Jim McGee urged residents with any questions or concerns to contact a council member directly if they have a question about town government. Anonymous and false charges are “unacceptable,” he said.

Council meetings are publicized, on a regular day of each month and always open to the public, McGee noted. “Please come, or contact us. Be informed.”

Burns Harbor is a community with open communication. If not a council member, call a department head, he said. They in turn would contact their council liaison. “Get factual information,” McGee urged.

First of all, in response to the letter’s charge that “everything east of Rak Rd.” would be condemned and acquired by the town for commercial development, no such thing was discussed and secondly, votes are not taken in executive session, final decisions are never made in those sessions by law, council members said.

The recent executive session was to discuss, among other things, possible legal action against the owners of the Moneypenney property which has deteriorated to the point where it is not fit for human habitation. It is an issue the council has been discussing publicly for months.

Also at that meeting information was received about how the town might force action on clean-up at the Standard Plaza, where an abandoned truck stop has become a hazard and an eyesore. Urgings by the town to clean it up have gone unheeded for years.

Future changes in the town’s Master Plan, to direct and guide development were also discussed, with the idea of planning for future development that might best benefit residents, like grocery stores, restaurants or other services besides gas stations, fireworks stores, truck stops and car dealerships. The council discussed the idea of creating a “downtown business” designation and what that definition might include.

Those changes in zoning would be looked at for currently undeveloped large parcels along Rt. 20, said council member Mime Perrine, where commercial development makes sense.

“We certainly do not have any plans to put anyone out of their homes,” he added.

Someone, cowardly enough to spread anonymous falsehoods, distributed a flyer to residents creating a bit of a panic and prompting over 25 people to show up at the council’s Redevelopment Commission meeting, some fearful their houses might be taken.

“We’ve never even discussed such a thing,” assured town attorney Bob Welsh. Eminent domain by the town, or state, is used in cases of roads, pipelines, or other projects for public safety or benefit, he added, like the straightening out years ago of St. Rd. 149, which used to take a sharp turn to go around a large old tree.

Allen Geck said he had once seen a map put up on the wall of the town meeting room calling for taking over property and removing houses.

Though no one could recall what Geck was referring to, Perrine assured him that any such plans would have to go through the Plan Commissioner first. “The town council can’t make those types of decisions or changes.”

Welsh pointed out that any such development would also be dependent on willing sellers of property. Just because a developer has an idea and shows a plan to the council, he said, does not mean the council has or will approve that plan.

The threatened condemnation of the Standard Plaza property is for the town to force clean-up there, or gain control of the property to clean it up, not to acquire ownership, Welsh explained. If the clean-up is at the town’s expense, once cleaned up, a tax lien would be placed on the parcel for repayment of the town’s expenses and the property would be placed in a Sheriff’s sale.

Matt Reardon, of Short Elliott Hendrickson, Inc, a brown fields consulting firm, has been hired to work with the town on the Standard Plaza issue. He attended the Redevelopment Commission meeting Wednesday. Reardon will be working on securing a grant for clean-up. Meanwhile, Welsh will be presenting the owners of the Plaza final warnings that they begin clean-up of the parcel and participate in the grant application process or face condemnation proceedings.

Master Plan Discussion

The Master Plan will be discussed again in a public meeting on Feb. 20.

McGee urged residents interested in the future development of the town to attend. “We need residents to tell us what you want,” he said.

Welsh said if the controversy had a silver lining it is that the unnecessary turmoil had prompted residents to attend a public meeting of their town council, express their concern and have errors in information corrected. “Now you can help correct that misinformation by talking with you neighbors.”

Posted 2/14/2008