Agreement: Lease Extension Agreement
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New capacity about a charter addendum that’s befitting a Porter Canton appointment put until 2024 instead of affective into the county’s old bastille abide to emerge, including a tax absolution for the architecture accepted in 2008 to a bounded businessman, as admiral abuse what they see as a battle of absorption amid the parties complex and a charter that was anchored for aloft bazaar value.

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“We appetite transparency,” Councilman Dan Whitten, D-At large, said. “The accessible had a appropriate to know.”

As aboriginal appear in the Post-Tribune, canton commissioners abstruse afresh that the adolescent abutment offices in appointment amplitude busy by the canton at 15 N. Franklin St. in city Valparaiso had an connected charter through 2024, article they didn’t apperceive back they fabricated acting affairs to move those offices, forth with several others and 911 dispatch, into the old canton jail.

The canton is purchasing the old jail, at 157 Franklin St., for $3.6 actor as allotment of a $30 actor basic advancement plan for canton facilities.

The lease, renewed assorted times afterwards it was aboriginal active in 1999, was aftermost connected by commissioners for 10 years in 2014, alike admitting the canton was alone two years into a seven-year acceding with the architecture buyer at the time. Additionally, the charter acceding wasn’t on the calendar for the 2014 affair back commissioners connected the lease, a affair at which one abettor – and the alone one who is still on the lath – was absent due to illness.

The hire for the advancing year, forth with a allocation of the utilities, is $90,600.30.

Some canton admiral catechism the accord amid Valparaiso agent Chuck Williams, who endemic 15 N. Franklin St. at the time of the charter addendum and awash it several months later, and Porter Canton Prosecutor Brian Gensel, who, according to the charter extension, active that certificate a anniversary afore commissioners accustomed it on Jan. 21, 2014.

Williams is the arch accomplice in Pavilion Partners, which, in a public/private partnership, has a adjustment with the Indiana Department of Natural Resources to clean the pavilion at Indiana Dunes Accompaniment Park and body an adjoining feast center.

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Dunes Action, a bounded grassroots alignment that opposes the assignment as it is actuality handled by Williams at the pavilion and the feast centermost plans, has asked Gensel’s appointment to assay whether crooked architecture activities took abode at the pavilion.

In May, Gensel appointed a appropriate prosecutor to the case, adage at the time he did so “because I accept a claimed and able accord with Chuck Williams.”

Williams, who said he has managed the architecture back he awash it, and Gensel both said the charter was a business matter, while the Dunes Action case is a acknowledged one.

“My appointment was and is alone a tenant. The complaint fabricated in the Dunes Action bulk complex allegations of abeyant abuse of accompaniment statutes. That’s the difference,” Gensel said in an email.

Williams said Gensel came to him about accepting rid of a book accumulator assemblage that was no best bare to accomplish way for added advocate offices and capital Williams to pay for the improvements.

Williams agreed to do so but asked for and accustomed the charter extension, he said, abacus above Lath of Commissioners President John Evans, R-North, asked Williams to benumb the hire through 2018. Negotiations with the canton over the lease, Williams added, began ancient in 2013. Evans active the charter in backward April 2014.

Williams said he is an associate of Gensel, as he is with all of the county’s officials.

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“Doing a business transaction is one thing. Deciding prosecutorial decisions is another. We do not accept a claimed relationship,” Williams said, abacus as far as the charter agreement, “for me, there was no conflict. Certainly not.”

The adjustment raises red flags for Whitten, who said Gensel active the adjustment as an adopted official.

Gensel capital the renovations and the adjustment and had affairs with Williams about it afore the accessible alike knew about it, Whitten said, abacus Gensel afresh said he couldn’t handle the Dunes Action case because of their relationship.

“The prosecutor signs a adjustment with a guy he says he can’t arraign because they’re friends,” Whitten said. “The alone bodies not buried to this adjustment were the bodies who were advantageous for it, and that’s the taxpayers.”

Commissioner Jim Biggs, R-North, who has been a adherent of Dunes Action back the accumulation formed to action Pavilion Partners, additionally is anxious about the attributes of the relationship.

“I anticipate the acknowledgment to that is obvious,” he said.

Also communicable officials’ eye is a tax absolution Williams anchored for the architecture in 2008 because of the charter for government appointment space. While Assessor Jon Snyder said that blazon of absolution is not unusual, there are discrepancies amid one of the absolution abstracts and the lease.

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Additionally, Snyder said the hire appears to be college than bazaar bulk for city Valparaiso.

Exemptions for government accessories are acceptable added common, he said, and the Acreage Tax Assessment Lath of Appeals has been active the aftermost few years about communicable exemptions that aloft concerns.

“I anticipate this affair is appealing legit. It aloof needs to be verified,” he said.

Williams said he activated for the tax absolution because a adumbrative of Uzelac and Associates, a Valparaiso acreage tax consulting firm, a him that the architecture was advantaged to one.

According to abstracts from the assessor’s office, Williams accustomed a 37 percent tax absolution for the acreage back he aboriginal activated for it. That bulk was afflicted to 42 percent in 2010.

Williams, acting as acreage manager, had to re-apply for the absolution in 2016 because the architecture afflicted hands. On that application, the absolution was for 3,972 aboveboard feet, in battle with the charter agreement, which was for 3,200 aboveboard feet.

Williams said on the appliance that the architecture buyer had the aboveboard footage of anniversary addressee re-measured and the absolute amplitude for the prosecutor’s appointment was recalculated at the college number.

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At the canton council’s behest, Snyder said he is activity to acquaintance the architecture owners and admeasurement the aboveboard footage afresh to verify what’s on the forms.

According to a May 29 letter to commissioners and Gensel, 15 Franklin, LLC, the building’s owner, notified the canton that beneath the acceding of the charter extension, active April 30, 2014, the county’s abject hire is appointed to access by 2 percent for the advancing year.

The hire will access by $1,755.15, to $89,512.47, aing year. The canton additionally will be amenable for a allocation of the account bill, at $1,087.83, for a absolute of $90,600.30 for the year.

That breach bottomward to $7,550.03 a month.

County advocate Scott McClure has said the federal Appointment of Adolescent Abutment Enforcement reimburses the canton for two-thirds of the amount of the lease, and that the adolescent abutment appointment affective into the old bastille “was icing on the cake,” because the canton wouldn’t accept to pay for a lease. He added commissioners accept said they wouldn’t apperceive which offices would fit into the above bastille until they accept a architecture plan.

“My antecedent glance at this is that the charter amount seems to be high, the amount per aboveboard foot,” Snyder said. “I’ve consulted with a brace bounded absolute acreage professionals who feel the aforementioned way I do.”

Snyder said he is not acquainted of any bazaar assay done on bartering rental ante by the canton in commendations to the charter agreement.

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According to Biggs, the bazaar amount for appointment amplitude is $17 to $19 per aboveboard foot, and the canton is advantageous $27.

“I assumption you can aspect it to a acute business accommodation by the agent and commissioners who didn’t do their bazaar research,” he said, abacus that in accession to what appears to be a high-dollar lease, the architecture buyer is accepting a tax exemption.

The contract, Biggs said, was “far and away” one that benefited the architecture buyer and not the county.

“We should accept been offered article beneath bazaar a dollar or two because the buyer is accepting a breach on their taxes,” he said.

Over the accomplished 10 years, according to Auditor Vicki Urbanik, the accepted buyer of 15 N. Franklin St. has accustomed tax breach accretion $87,695 because of the exemption.

Whitten, who had anxiety about purchasing the above bastille unless adolescent abutment confused into the architecture back it was ready, alleged the amount “shocking.”

“If it’s a accepted exemption, it’s a accepted absolution but they’re a clandestine owner. I can’t acquisition any hire assay by the canton and acutely they’re authoritative a profit,” he said. “But the numbers aloof don’t jibe. The numbers aren’t accurate. The accomplished affair is not how government is declared to run.”

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The charter extension, as able-bodied as capacity about the absolution and the bazaar value, came as a shock, said Board President Andy Bozak, R-1st, and the board is alive with commissioners to amount out what happened.

“It’s a actual big affair that is on our radar. I’m not abiding area it will end up but we are accomplishing all we can to accept what happened and what, if anything, can be done,” he said, abacus he was agitated to apprentice the charter face-lifting occurred with no credible account to the county.

“There are a lot of pieces to this addle and we are still acquisition them all to advice put them together,” Bozak continued. “While this affair is a above one in my opinion, I feel we will get to the basal of it abundant eventually than later, alike with all these pieces.”

Amy Lavalley is a freelance anchorman for the Post-Tribune.

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