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State of Indiana Senate State of Indiana Senate Senator Lonnie Randolph Committees: 200 West Washington Street Judiciary, RMM Indianapolis, Indiana 46204 Utilities & Technology, RMM (317) 232-9532 Energy & Environmental Affairs [email protected] Tax & Fiscal Policy August 12, 2011 The Honorable Mitchell E. Daniels, Jr. Governor of Indiana 200 West Washington Street, Room 206 Indianapolis, Indiana 46204 Re: Rebuilding of Cline Avenue – East Chicago, Indiana Dear Governor Daniels: Recently, I wrote two (2) letters, one (1) to you and one (1) to INDOT Commissioner, Mr. Michael Cline, about rebuilding Cline Avenue. I received a response to my letter from the Commissioner’s Chief of Staff, Mr. Robert L. Zier. He corrected me when I mentioned Majestic Casino and I should have said Ameristar. I am thankful for his correction. However, I must disagree with some of the conclusions he made in his letter. Mr. Zier stated that after a careful analysis of the traffic, safety and cost data, INDOT determined that closure of the Cline Avenue Bridge was the best solution. What he ignored was the fact that the overwhelming public comments were that traffic would be congested and that public safety was at risk. Toward the end of 2010 a gigantic steel cylinder bound for BP Amoco fell off its flat bed trailer only to land within twenty-five (25) feet of a residential home and garage in the Marks Town area. The cylinder was capable of crushing the garage and residential home occupied by a family. The cylinder crushed a nearby fire hydrant which caused water to pour into the street. Recently the Dickey Road Bridge, INDOT’s alternative travel site, had problems with a malfunction which caused traffic congestion and did not reopen for hours. I have enclosed a copy of the newspaper article about the accident. Mr. Zier also mentioned cost as a factor, but he did not state the possibility of the Federal Highway Administration incurring a potential 80% of the cost. Moreover, he failed to mention that the repeated use and congestion of the alternative routes would shorten the life span of the routes and undoubtedly lead to additional cost in maintenance. Additionally, Mr. Zier stated that Ameristar and Majestic Casino revenues had increased since the closing of Cline Avenue Bridge. On Thursday, July 28, 2011, a meeting was held at the Radisson Hotel where State Representative Charlie Brown confirmed that Ameristar was in fact losing money due to the closing of Cline Avenue Bridge which is the main route to the casino and it is common knowledge that Majestic Casino has been consistently losing money. Governor Daniels Page 2 August 11, 2011 In his correspondence, Mr. Zier stated that INDOT was willing to work with the community. What he did not say was that the week before a public meeting was set up, plans by INDOT had already been made to demolish one of the sections of the bridge. He also did not mention that INDOT had failed to contact the local police department about this event and did not give notice to the police department of when the decision to close the bridge was made. I confirmed this information with Chief Gus Flores of the East Chicago Police Department. Mr. Zier also suggested in his letter that INDOT could not seek legal remedy from the construction companies because many had closed and that the statute of limitation for a lawsuit had expired. However, I have since discovered that the construction company for the project was Superior Construction Company which is the same construction company that rebuilt the Martin Luther Bridge in Gary, which INDOT has announced plans to file suit against. The Cline Avenue Bridge deficiencies were discovered November 2009. The two (2) year statute of limitations on negligence does not start until the day the injury was discovered which means INDOT has until November of 2011 to file suit. A breach of contract lawsuit could also be filed. The statute of limitation does not begin until the date the breach is discovered which gives INDOT ten (10) years from the date of discovery in November 2009. Thus, INDOT has until 2019 to file a lawsuit. Mr. Zier also said the state has, since 2005, spent approximately $750 million dollars on transportation infrastructure improvements in Lake County. Whether this is true or not, I do not know. The only improvement on roads in the immediate area was on the Borman Express and the Martin Luther King Bridge in Gary. Both projects combined did not cost $750 million dollars. Furthermore what Mr. Zier did not address is the total dollar contribution Lake County steel companies had contributed to the State Treasurer over the past century. He failed to discuss the position of the Gary/Chicago Airport Authority and the Regional Development Authority that Cline Avenue Bridge should be rebuilt. He also did not mention the Northwest Indiana Regional Planning Commission’s goal of a 2040 Comprehensive Regional Transportation Plan that could be affected by not rebuilding the Cline Avenue Bridge. For your review, I have enclosed in this letter two (2) columns written by The Times of Northwest Indiana columnist, Mr. Mark Kiesling, and Lake Shore Chamber of Commerce Executive Director, Mr. Dave Ryan. Both columns tend to dispute the openness that Mr. Zier mentions and the cooperation and input that INDOT claims they provided to the local community. As you can see, the perception of INDOT cooperation and openness seems to be in dispute. This perception seems to be joined by Monsignor Joseph Semancik, the priest at Sacred Heart Parrish in East Chicago. I have enclosed a copy of the letter he wrote to me on July 9, 2011. A major matter that Mr. Zier did not dispute was that transportation is vital to this area and the State of Indiana. He did not dispute the fact that, as Governor, one of your objectives is to attract industries from other states to come to Indiana. The non-rebuilding of Cline Avenue would not aide this objective for Northwest Indiana. Governor Daniels Page 3 August 11, 2011 Major Moves trust fund legislation netted Indiana $3.8 billion dollars. We currently have a $1.2 billion dollar surplus. We need economic development for jobs which would lead to more tax dollars and the maintaining of critical services for the citizens of this State. I have argued with several prominent local public officials about your care and concern for Northwest Indiana. I have said to them that you are a good man and that you do care about Northwest Indiana. My request is that you prove the naysayers wrong by asking INDOT to reconsider their position and request that they go forward in rebuilding Cline Avenue Bridge. The legacies of the eight (8) construction workers who gave their lives in the building of the original Cline Avenue Bridge can be preserved if the bridge is rebuilt. We must not forget the fact that the bridge was a memorial dedicated to their efforts. Thank you for your time and attention. I look forward to hearing from you on this critical issue. Sincerely, Lonnie M. Randolph Indiana State Senator Senate District 2 LMR: mm Enclosures Cc: Congressman Pete Visclosky, Congressman Joe Donnelly, Indiana Senate President Pro Tempore David Long, Senate Democratic Leader Vi Simpson, Speaker of the House Brian Bosma, House Democrat Leader B. Patrick Bauer, State Senator Tim Lanane, State Senator Jim Arnold, State Senator Luke Kenley, State Senator Brandt Hershman, State Representative Jeff Espich, Indiana Black Legislative Caucus, State Representative Vanessa Summers, State Representative Mara Candelaria Reardon, State Representative Cherrish Pryor, State Representative John Bartlett, State Senator Jean Breaux, State Representative Charlie Brown, State Representative Bill Crawford, State Representative Earl Harris, State Representative Gregory W. Porter, State Senator Earline Rogers, State Representative Vernon G. Smith, State Senator Greg Taylor, Mayor Thomas M. McDermott, Jr., Mayor Anthony Copeland, Mayor Joseph M. Stahura, Mayor-elect Karen Freeman Wilson, Councilwoman Marilyn D. Krusas, Councilwoman Shirley Stanford, Councilwoman Mary Brown, Councilwoman Carolyn D. Rogers, Councilwoman Kimberly Robinson, Councilman Kyle W. Allen, Sr., Councilwoman Ragen H. Hatcher, Esq., Councilman Roy Pratt, Councilman Ronier Scott, Councilman Adrian Santos, Councilman Lenny Franciski, Councilman Jimmy Ventura, Councilwoman Christine Vasquez, Councilman Robert Garcia, Councilwoman Myrna Maldonado, Members of the Hammond City Council, Wil Davis, Steven Landry, Dave Ryan Executive Director of Lake Shore Chamber of Commerce, Chuck Hughes Executive Director of Gary Chamber of Commerce, Dwight Gardner, Ed Glover, Bill Joiner, Leigh Morris, Harley Snyder, Peter Novak, Lou Martinez, Jeff Good, Bill Hanna, Randy Palmateer, Speros A. Batistatos, Dewey Pearman, Thomas M. Governor Daniels Page 4 August 11, 2011 Steinbauer, Mike McPhillips, Reginald Dotson, Rex Richards Executive Director of Porter County Chamber of Commerce, Troy Stremming Senior Vice President of Government Relations and Public Affairs for Ameristar Casino and Chief Executive Director .
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