GARY — A Crown Point contractor once accused of dumping waste into regulated wetlands on Gary’s West Side was the recent sole bidder on an abutting parcel being sold by the city’s Redevelopment Commission.
William J. Critser, of Gary Material Supply, LLC, submitted a $45,000 bid last month on 7201 W. Ninth Ave. to the commission. The city’s redevelopment arm put the 3.2-acre parcel out for bid Jan. 22 with newspaper notices.
As of Friday, Critser remained under a 2017 enforcement order with the Indiana Department of Environmental Management in which Critser agreed to remove the waste from an adjacent property, 7318 West 15th Ave., and recreate a wetland there.
Trent A. McCain, the city’s corporation counsel, said while he can’t comment specifically on Critser’s standing with environmental regulators, he said the commission will be making “a full evaluation, especially under this administration, to make sure everyone is in compliance.”
Generally, the Gary Redevelopment Commission makes parcels available for bid upon request from one or more potential buyers unless GRC has specific plans for the parcel as part of a larger assemblage, according to Michael Gonzalez, city spokesman.
GRC requires bidders to describe planned uses for properties, and per state statute, may reject any bid for any reason without disclosing the grounds for the rejections. However, Gonzales said, the city want properties on the tax rolls, and, GRC typically will provide reasons why bids are rejected.
City staff declined to provide The Times with a copy of Critser’s bid submission, citing a desire to preserve the integrity of the bidding process. Indiana open records law does allow municipalities discretion during the open bid process.
“We will not release bids or proposals — or specific information from pending bids and proposals — unless and until the GRC selects a bid,” Gonzalez said.
Critser said he has been eyeing to buy 7201 W. Ninth Ave. for years. The previous owner got behind on his taxes several years ago, he said.
Critser said he had plans to purchase the property at the county’s public auction of tax delinquent parcels but it instead wound up in the hands of the commission.
When selling property, the city’s Redevelopment Commission takes into consideration a number of factors, including the character of the improvements proposed by the bidder, the promptness of improvements, whether the property will be sold or rented and whether the the sale of said property furthers the city’s redevelopment plan and “best serves the interests of the community.”
Critser said he has plans to demolish the dilapidated structure on site, make stormwater improvements or possibly build a warehouse for equipment storage.
Enforcement action
Felony charges once levied against Critser and his firm for the wetland violations fell by the wayside in 2014 when Lake County prosecutors dismissed the case for what appears to have been insufficient evidence. As part of the IDEM cleanup order, Critser was not required to admit to any wrongdoing.
Cleanup at 7318 West 15th Ave. is far from over.
IDEM officials said last week the wetland remediation work has temporarily paused to determine if the proposed remediation will have adverse impacts on two Superfund sites adjacent to Critser’s property.
“While the proposed work at GMS would likely help alleviate some of the drainage issues adjacent property owners have experienced, stockpiling and construction on the GMS property could potentially affect remedies in place at the Superfund sites, including shifts in groundwater flow and destruction of monitoring wells,” IDEM said.
Work on the site is on hold until August 2020 to allow IDEM, EPA and its contractors to evaluate the potential impact of the stormwater pollution plan and to craft a solution that is beneficial for all parties and the public,” according to IDEM.
Critser denied any wrongdoing last week, reaffirming he only agreed to the IDEM enforcement order to “get along with IDEM” and “take care of” the property.
Chris Gubala, partner with G&S Trailers, 7159 W. Ninth Ave., said when the EPA was in town last summer to install monitoring wells on his property in connection with the nearby Superfund sites, he informed them of a massive mountain of debris on Critser’s property that abuts his property line.
“There’s this mountain (of debris) that’s falling onto our property. It’s at risk of collapsing, and if it breaks away, it could hurt or kill someone,” he said.
Raymond Gerling, owner of the nearby G&F Trucking, said there’s a lot of flooding issues in the area, in part due to waste-filled wetland ditch on Critser’s land.
EPA could not immediately be reached for comment Friday.
Critser was convicted in 1997 on federal fraud charges for submitting phony bills to the Gary Landfill for “ghost” clay shipments in the early 1990s through a contract he held with the operator.
Despite that 1997 case, Critser’s firm has never been disqualified from doing business in the city and the firm continues to be the recipient of contracts with Gary and other municipalities.
Bid process
Allegations were recently raised that GRC staff may have violated state law by not notifying abutting land owners of their intent to sell; however, McCain said Indiana statute does not require they do that.
Jim Nowacki, a Gary resident and frequent critic of previous administrations, sent a critical letter to the commission’s attorney and city staff on Wednesday, inquiring as to whether they conducted appraisals and sent certified mailings.
Any abutting landowner must receive notice by certified mailing, Nowacki had claimed.
McCain said the GRC operates under I.C. 36-7-14-22, and Nowacki was conflating that statute with I.C. 36-7-14-22.6.
McCain and Gonzalez said the GRC obtained two, independent appraisals prior to putting the property out for bid. On Friday, they declined to furnish the documents, citing state law that says appraisals are “solely for the information of the commission, and are not open for public inspection.”
They also declined The Times’ request to provide redacted copies of the appraisals.
