Town officials said it’s a classic Catch 22.

They want to help 19 families living in Rainbow Trailer Park, but if the Burns Harbor Town Council takes too firm a stance in trying to force park compliance it could mean the residents end up with no place to live.

Nearby property owner Beverly Sutton urged the town to do what it can, including taking additional legal action to claim approximately $5,000 park owner Jacob Pasternak owes the town in sanitary sewer liens and judgements.

Associate town attorney Charles Parkinson said the town has a lot of different options, including foreclosing on the liens. By a 3-0 vote the council directed him to take action.

“Look, this has got to come to a close,” said Councilman Cliff Fleming. However, he and Councilman Jim McGee expressed concern for the residents.

One, Sodonia Henke, described numerous problems at the park and said recently it had no water service for 24 hours. Although Pasternak has made some progress, “We’ve had it up to here with him. This is ridiculous and I’m tired of him getting away with this.”

Sutton, too, said so far the town has been “kind of like slapping his hand. The council should say it’s all or nothing.”

It just did, replied Fleming. “The goal is (the town) needs to accomplish with Mr. Pasternak what we did with Standard Plaza.” Last night the council approved appropriating $25,500 from the Rainy Day Fund to have a contractor demolish the long-abandoned derelict U.S. 20 truck stop.

McGee asked if the town shouldn’t send a letter to the state agency that licenses and regulates trailer parks. Rainbow has been located north of Interstate 94 west of Babcock Road for decades and is near the new Comfort Inn motel east of Babcock slated to open in Porter soon.

Henke said Rainbow’s private roads are a disgrace, confirmed by town marshal Jerry Price who said emergency vehicles likely would get damaged responding there. Henke also said the roads are not plowed in the winter. Those present discussed ways to get it done.

“We don’t know what to do,” said Henke, adding some residents fear eviction if they make waves.

After a long and at times animated discussion, Councilwoman Toni Biancardi crafted a compromise allowing the Police Department to strengthen its radio signal to dead spots in town.

Vote was 3-0 with members Mike Perrine and Louis Bain absent.

Approved was spending $11,457 for equipment upgrades on a private communications tower in Ogden Dunes used to contact Porter County Sheriff’s dispatchers who handle Burns Harbor’s radio calls. The signal first bounces off a private tower on Rak Road in town.

The town Fire Department is on a separate countywide repeater system and does not experience the dead spots both Price and fire chief Bill Arney confirmed occur when police call from within structures.

For whatever reason the ongoing problem since 2001 is getting worse, according to Price.

His concern, he said, is for officer safety and that of the general public because approaching emergency responders need to know vital information and police can’t always provide it. “It’s untenable at this point. My worst fear is something bad happens.”

Clerk-treasurer Jane Jordan asked where the council would get the money. Porter County has failed again so far this year to send out property tax bills and government units are cash-strapped without that revenue.

McGee suggested tapping the approximately $80,000 Burns Harbor Scholarship Fund used to award annual $1,000 grants to youth and adult residents for their higher education. The scholarship money comes from a lease payment the town receives each year for a cellular tower on town property; McGee said interest on the accumulated principal will sustain future grants.

Jordan said she didn’t know if the scholarship fund was set up as restricted to that use only. She also noted the radio upgrade wasn’t discussed by Price at budget time, and it would take weeks for the state to approve a new additional appropriation from the Rainy Day Fund, if at all.

Biancardi said people could be put at risk while waiting for a decision.

Accepted was her proposal to use the last $5,000 in the Cumulative Capital Development Fund and have Price find the $6,457 balance in his current department budget. Jordan said the 2009 budgets have yet to be approved by state tax officials and cuts still could be ordered.

Price said he’ll find the money in his budget. “I don’t want to sacrifice anyone’s well-being for a few dollars. That’s not a good trade-off.” McGee said police and fire communications are a priority.

At Fleming’s suggestion the council OK’d seeking a $11,457 Rainy Day fund appropriation for the radio equipment anyway to repay the CCDF and police accounts.

Jordan asked if the radio upgrade guarantees 100 percent of the dead spots will be eliminated; Price said he’ll make sure it works.

Earlier this year the council approved giving the Park Board $5,000 it requested to fund that department through year’s end. Last night board member Ron Day said that money won’t be needed after all.

At the request of the Indiana Department of Transportation, the council tentatively set Oct. 23 to meet with INDOT representatives about placing a traffic signal at Indiana 149 and Tech Drive. Jordan said INDOT is very interested in pursuing the town’s request.

Fleming said now that INDOT didn’t commence reconstruction of the Indiana 149/U.S. 20 intersection this year as planned, the town has an opportunity to communicate to INDOT that Burns Harbor is transitioning from a rural area to an urban one.

He noted the town recently adopted a new comprehensive plan and zoning ordinance that stresses pedestrian connectivity so future INDOT construction/reconstruction in Burns Harbor needs to accomodate that concept.

Biancardi announced Oct. 29 Burns Harbor will host a meeting of the Association of Northwest Indiana Towns and Smaller Cities to describe its recent planning effort that led to adoption of four guiding documents.

Posted 10/15/2009