Huntingburg Council discusses new abandoned building ordinance, safe streets and AES concerns
A concerned resident brought new information to the Huntingburg City Council meeting on Tuesday.
Dave Duncan told council members that documents from the Indiana Utility Regulatory Commission show AES stated it would install a 340 megawatt-hour battery system. But Duncan says the company is installing a 515 megawatt-hour system — 175 megawatt-hours more than was disclosed.
“That means about 30 containers more than what they need for 340,” Duncan said. “That’s 30 more containers of hazardous chemicals.”
Duncan also shared that Indiana Department of Homeland Security records he obtained through a public records request show all documentation is dated 2023 and lists the project owner as Lightsource BP, not AES. The documents also reference Tesla battery systems, which Duncan says are not being installed currently.
Lightsource BP sold the project to AES in 2024.
Duncan’s inquiry led him to question whether the county should require AES to resubmit for road-use agreements and setback approvals, given that the system and developer had changed since the original application.
In previous meetings, residents have suggested the company should have to resubmit since work did not begin on the project until after the approved timeframe in those agreements. However, the definition of work could be broadened to include project planning and engineering, not simply the point at which dirt began to be moved.
The mayor acknowledged the city’s limited authority over the battery storage system but thanked Duncan for the information.
“Any permit for construction, we still go back to what was, what’s in place now, or what was in place then,” Mayor Neil Elkins told Duncan. “Our technical review on that is basically that they’re not in flood plains, and that they’re meeting setbacks.”
The mayor said he has spoken with multiple elected officials about the situation and that the city has retained Jackson Kelly, a law firm with offices in Lexington and Evansville, to provide guidance to elected officials and board members on project-related decisions.
“I understand you guys don’t have any authority over the BESS. I’m just educating you,” Duncan said. “I’m trying to give you more information. What they say and what they do, they don’t match.”
Holland Town Councilman John Kaltenbacher also addressed the council, informing members that Holland received answers from AES to questions raised at a December meeting. He said the responses are posted on Holland’s Facebook page. We have published them at the following link.
Safe Streets for All Grant and Action Plan
The city has been working for several months on the Safe Streets for All grant, developing a comprehensive safety action plan with input from citizens, schools, fire department, and police department. This federal program, created under the Infrastructure Investment Jobs Act in 2021, redirects federal funds toward safety-focused road projects. The grant process requires cities to first develop a safety action plan before applying for implementation funding. The plan identifies major crash causes, with animals and objects in roadways being the number one cause, followed by failure to yield right of way. High-incident corridors include State Road 64, State Road 231, Chestnut Street, and Sixth Street. Problem intersections were identified at 231 with 14th Street, Sunset, and First Street, as well as Chestnut with 14th and Sixth Streets. The city aims to adopt the plan at the March 10, 2026 council meeting.
Survey results from community members identified several key concerns throughout the city. Main complaint areas included 14th Street, Sunset, and State Road 231. Citizens reported issues with potholes and maintenance, rough roads, lack of traffic signals, speeding, lack of turn lanes, lack of sidewalks, narrow roads, traffic flow near schools, and pedestrian crossings. Gaps in sidewalks and trails were also high priorities. The crash review process identified additional problems including following too close, improper turning, distracted driving, running off the road, and failure to maintain lanes. The city has been meeting with the Indiana Department of Transportation regarding several locations, including discussions about speed limits on Phoenix Drive and proposed turn lane configurations on Sixth Street from Main to Chestnut.
The plan establishes five emphasis areas requiring attention: vulnerable road users (pedestrians, bicyclists, ADA mobility users), school bus safety, intersection safety, corridor management (including speed and sight distance), and improving overall safety culture across city departments. Once the plan is adopted, the city can apply for additional federal grants to implement specific safety projects. Unlike traditional federal aid projects that may take five to seven years, this program offers faster funding opportunities with a 10 to 20 percent local match requirement. Projects can range from small improvements like adding street lights at dark intersections to larger road reconstruction projects. The city has already implemented safety measures, including a social media communication campaign addressing school bus stop-arm violations, which has significantly reduced complaints, particularly on State Road 231.
Vacant and Abandoned Building Ordinance
The city council reviewed a proposed ordinance to establish a registration and abatement program for vacant and abandoned buildings. The ordinance defines an abandoned building as one vacant for at least 120 days with unsafe building or minimum standards violations continuing for 60 days. If a building falls under the definition of a vacant and abandoned building, it must be registered. Registration fees are structured based on property type: $50 annually for one and two-family residential properties, $100 for multi-family dwellings with more than two units, and escalating fees for commercial and industrial buildings starting at $250 for the first year, $375 for the second year, and $500 for subsequent years.
“These fees are not intended to generate any kind of a profit-based revenue, but they’re intended to help offset the code enforcement department’s cost of enforcing these codes, as well as the fire department and police department’s efforts and having to monitor these properties for safety and compliance with fire codes and in our own property maintenance codes,” said City Attorney Phil Schneider.
Property owners must appoint a property manager living within 50 miles of the city who inspects the property every 30 days. The ordinance includes civil penalties of up to $500 per 90-day period, not to exceed $5,000 per building annually. Properties vacant only due to seasonal occupation are exempt if otherwise compliant with city codes.
The ordinance requires registered properties to provide comprehensive information, including street address, owner names, all parties with property interests, property manager details, insurance company information, and a written maintenance and repair plan for code violations. Properties must carry liability and casualty insurance.
The city aims to use this ordinance as a foundation for future landlord and tenant rights ordinances to ensure proper property maintenance. Code enforcement has begun developing registration forms and administrative procedures. The ordinance allows voluntary registration of vacant buildings at no cost to provide contact information, though only vacant and abandoned buildings are subject to mandatory registration requirements.
According to Mayor Elkins, the new ordinance is leading the city towards some stricter landlord ordinances.
“I’m not going to throw out names, but we have some great ones, but we have a few bad apples we’ve got to deal with,” he told the council.
The city attorney will prepare the formal ordinance, including the preamble and signature pages, for first reading at the next council meeting.
Community Updates and Recognition
Council members publicly acknowledged the Street Department’s exceptional performance during the recent snowstorm. The department, along with employees from parks and wastewater departments, worked extensive hours clearing snow and spreading salt and sand. The city deployed 10 trucks hauling snow for three days, with operations running from early morning through late evening. Preliminary calculations show approximately $57,000 in extra costs for the street department alone, with total city costs expected to reach around $450,000. The city is pursuing FEMA reimbursement, though the county must meet a $212,000 threshold to qualify.
“We blew that out of the water,” Elkins said.
Reimbursement depends on demonstrating both economic and safety impacts, and final amounts may be prorated based on federal allocation to Indiana. The city continues gathering documentation for FEMA forms, calculating equipment costs, overtime salaries, and benefits.
