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Commission approves Brownfield appropriations for 1101 Beardsley remediation, outside counsel and expert fees
Summary
The Redevelopment Commission approved appropriations from brownfield and special funds to cover remediation contractor work at 1101 Beardsley, outside counsel billing and expert witness fees tied to Labore pump litigation.
The Elkhart City Redevelopment Commission on Tuesday approved three separate appropriations from brownfield and redevelopment special funds to cover continuing remediation and legal costs tied to environmental matters.
First, commissioners approved a not‑to‑exceed $144,000 appropriation from the Brownfield Services account to engage Roberts Environmental Services for work at 1101 Beardsley. Staff said EPA field activity identified elevated lead levels in soil; Roberts will provide contractor services while the EPA is on site, including monitoring, additional well installations and injections. Staff said Roberts’ work will include a targeted soil removal of about 12–18 inches in select areas; staff noted the excavation will not be backfilled immediately because follow‑on work will address deeper trichloroethylene (TCE) contamination and then backfill and restoration will follow.
Second, commissioners approved appropriation of $20,000 from the Consolidated South Elkhart Economic Development Redevelopment Area special fund to pay a recent billing from Ice Miller (outside counsel) related to Labore pump VRP services; staff said part of the legal billing was not covered by previously appropriated funds.
Third, commissioners approved appropriation of up to $29,000 from the Brownfield Services special fund to pay expert witness fees that may be needed for prosecution of litigation related to the Labore pump matter, staff said.
Staff reported that Roberts is already on site at 1101 Beardsley installing monitoring wells and performing pre‑excavation injections to accelerate groundwater response ahead of EPA excavation, and that the EPA is anticipated to be on site beginning around July and possibly finishing by Labor Day; the city expects to resume its follow‑on remedial work after the EPA completes its actions.
All three appropriations were approved by voice vote with no public questions recorded at the meeting.
