City of Noblesville
The City of Noblesville’s administration strongly recommends that the Noblesville Parks and Recreation Board does not renew ITM’s lease based on several factors:
- The environmental contamination caused by ITM has tarnished Forest Park. After more than six months of investigation by the city and by the Indiana Department of Environmental Management, ITM’s leadership has failed to take public responsibility for its actions and have dragged out the process for clean-up – referring to the investigation as “trumped up” despite reports from IDEM that confirm the city’s concerns.
- ITM has squandered its opportunity as the sole operator of the Nickel Plate Railroad in Noblesville for several decades through questionable management, failure to complete locomotive restoration projects that were funded by federal grants, empty promises and frivolous lawsuits that have been thrown out of federal court.
- By removing ITM from Forest Park, the newly formed Nickel Plate Heritage Railroad can formalize its plans to bring the Nickel Plate Express excursion trains to Noblesville starting in 2019. As the only rail operator chosen by the Hoosier Heritage Port Authority, this group will begin operations between Atlanta and Arcadia starting in 2018. They are backed by Hamilton County Tourism and Thomas Hoback, who brings a long, storied career as a quality railroad operator, including ownership of the Indiana Railroad.
The City of Noblesville is taking these proactive measures now to protect our residents and our heritage, to ensure Forest Park is cleaned up and to bring the trains back to our community with a new operator – the Nickel Plate Express.
ITM in Forest Park
- ITM has leased its ground in Forest Park since the 1960s back when it was known as the Indiana Museum of Transportation and Communication.
- Noblesville Parks and Recreation has struggled with ITM over several decades with complaints by Parks board members, staff and nearby residents about the conditions of ITM’s grounds, unsightly storage of equipment and general lack of care for its property.
- Conditions discovered on ITM’s ground show a steady decline, revealing a systemic culture of operating with no regard for the well-being of the property.
- ITM publicly denied any contamination problems at Forest Park, claiming the city’s investigation was nothing but a conspiracy.
- ITM’s site is full of equipment and items that have not moved in decades. While some pieces would be considered historically significant, most have been left unprotected and have continued to deteriorate over time.
- A timeline will be established for the ITM to remove all of its equipment from Forest Park and clean up the ground it leases from the city in coordination with the Indiana Department of Environmental Management and the city.
Environmental actions timeline in Forest Park
- May 15, 2017: A reporter from WRTV-6 notified the City of Noblesville of potentially hazardous chemicals improperly stored and leaking onto the grounds leased by ITM within Forest Park. As required by law, the City notified IDEM to begin more in-depth investigation and analysis.
- May 31, 2017: The City sent notice to ITM of the problem and warned the organization of it being in “serious default” under the terms of its lease. The city requested remediation procedures, containment measures and a plan for clean-up at its own expense. In addition, the city stipulated that the ITM and its entities “cease all expenditures other than those in the normal course of business” to ensure the clean-up effort is fully funded.
- May 31, 2017: ITM’s press release called the city’s charges “trumped up” and denied any “known violations” from their operations. And yet more than 1,000 items were tagged for possible inspection by IDEM – with PCBs found to be present with ITM equipment and belief of asbestos within historically significant rail cars (currently under analysis). IDEM staff also noted numerous areas of stained soils and evidence of leaked materials throughout the property, including lead, grease, oils and lubricants; damaged lead-acid batteries that were improperly stored outdoors exposed to the elements; and evidence of sandblasting that could have led to dangerous conditions for nearby residents and park visitors.
- June 9, 2017: IDEM issued the first of numerous violation letters that confirm the city’s initial investigation of serious problems on ITM’s grounds due to the organization’s negligence. In fact, some of IDEM’s work was delayed due to the unsafe conditions caused by ITM. Meanwhile, the ITM has told the public nothing regarding IDEM’s findings, continuing to make the false claim among its supporters and the press that the city’s concerns were “trumped up.”
- June 28, 2017: ITM’s own “self-disclosure” report through its consultant to IDEM indicated violations with OSHA’s Hazard Communication Standard, National Pollutant Discharge Elimination System permit process and storm water discharge management.
- 28, 2017: ITM’s consultant requested additional time to implement some of the required actions due to a large inventory of 1,060 items taking nearly two months to complete – and by their own admission – unsafe conditions in some areas where chemicals were stored.
- 27, 2017: IDEM’s review of ITM’s Initial Site Investigation Work Plan (submitted on Aug. 11) was found to be deficient and requiring amendments. A revised Initial Site Investigation Work Plan was then submitted on Nov. 11 – three months after the original due date.
Lease agreement information
- The Noblesville Parks and Recreation Board and Indiana Transportation Museum entered into the most recent lease agreement on Feb. 4, 2015, and ending on March 1, 2016. The lease is automatically renewed as four additional one-year terms unless either party elects not to renew the agreement by giving written notice to the other party not less than 60 days prior to the end of each term.
- As part of the agreement, ITM pays the city $10 per year to lease the space.
- ITM agrees to keep and maintain the leased property in a clean, sightly and healthful condition and in good repair at its own expense and shall yield the same back to the city upon termination of the lease.
- ITM’s use of the premises shall not violate any governmental rule, regulation or statute and at all times comply with the rules and regulations of the landlord.
Return of the Nickel Plate Railroad to Hamilton County
- ITM’s contract to operate trains on the Nickel Plate in Hamilton County was suspended by the Hoosier Heritage Port Authority (HHPA) in March 2016 due to concerns about the condition of the tracks that were found to be in disrepair by independent railroad experts, and ITM’s mismanagement as reported by former volunteers that led to an investigation by the Indiana Attorney General.
- In April 2017, HHPA released its request to solicit proposals from interested operators for the development of railroad operations on the Nickel Plate. In June, each of the five proposals submitted was independently scored by the HHPA, and in September, the new operator was announced.
- With backing from Hamilton County Tourism and Indiana Railroad’s Thomas Hoback, the Nickel Plate Heritage Railroad was awarded the contract with plans to begin operating the Nickel Plate Express out of Atlanta, Ind., starting in 2018.
- The City is in discussions with Nickel Plate Heritage Railroad to ensure the Nickel Plate Express includes Noblesville in its route starting in 2019.
- Plans include bringing the Nickel Plate Express to Forest Park and across the White River Bridge to the edge of the downtown square. This will keep the history and heritage of the Nickel Plate Railroad alive in the Noblesville community and more vibrant than ever for generations to come.
Q & A
Q) Has the city contributed funds to assist ITM with expenses?
The City of Noblesville has always provided taxpayer support of the Nickel Plate through the necessary improvements made at railway intersections as well as road work on 8th Street where the train tracks sit within the roadway from Logan to Division.
The City also procured two separate funding awards from the Indiana Department of Transportation for use by the ITM totaling $454,343. In January 2004, $289,426 was awarded for passenger car rehabilitation. However, INDOT ended funding in December 2015 as ITM never began work on the project. In 2005, $164,917 was awarded for steam locomotive rehabilitation. INDOT again ended funding in December 2015 as the project was by that time four years behind schedule.
In 1998, ITM received a $220,000 loan from the Hoosier Heritage Port Authority and an additional $50,000 loan for operating expenses.
Hamilton County Tourism first began working on railroad improvements with ITM in 2006 and contributed more than $500,000 in lodging tax dollars and other resources on grants and services to help support the organization.
Q) Why was the financial burden to maintain the rail tracks left to the ITM?
When the Hoosier Heritage Port Authority contracted with ITM to serve as the rail operator, ITM was charged with maintaining the rail and was permitted to run its tourism excursion trains as part of the agreement.
Q) Why is the city against saving the trains?
The city is all for saving the trains and preserving its railroad history – but responsibly and within the city’s plans for future growth of the community. The city is taking this action to end the lease with ITM in order to save the trains, giving the new operator the chance to bring a safe, clean and fun excursion train experience for visitors and residents while honoring the Nickel Plate’s rich heritage. Residents will someday soon hear the trains rumbling through Forest Park and to downtown Noblesville.
Q) As a railroad museum, aren’t certain environmental issues expected with antique trains?
ITM claims their Standard Industrial Classification (SIC) code is 8412 (museums and art galleries), which may be true for the locomotive cars that do not move. However, the north half of the property is more accurately used by ITM as an SIC code of 3743 (railroad equipment manufacturing or heavy repair). This is considered to be a very industrialized use and not one used by museums. Furthermore, some of ITM’s activities should not take place adjacent to a residential area or in a public park.
Q) Doesn’t this move just pave the way for the Nickel Plate Trail?
These actions regarding ITM’s lease have nothing to do with any trail proposed by the City of Noblesville. If the Nickel Plate Trail is built, it will remain south of downtown Noblesville and south of the current ITM location. The city’s action regarding ITM’s lease is based on the organization’s failure as a tenant in Forest Park, its failure to take responsibility for the environmental conditions it caused at a treasured city park and its failure as the sole operator on the Nickel Plate Railroad, which its leadership has squandered.
Q) Why did the Parks Board take steps to not renew the lease now?
Despite the city’s best efforts to maintain a cooperative relationship with ITM, issues between the Parks Board and ITM over their unsightly conditions have been ongoing since the 1990s. On at least two occasions – March 7, 2005 and Feb. 4, 2008 – the board gave ultimatums to ITM about the lack of information requested and the appearance of the grounds. Each time, the board informed the ITM to “clean it up or get off the property.” The Parks Board even provided additional dumpsters to assist with clean-up efforts. It was not until May 2017 when the city became aware of the potential contamination of the site by ITM and raised the concerns beyond mere aesthetics to one that threatens the health and safety of our treasured city park.
The time has come to embrace a new operator for the Nickel Plate Railroad – and to give them the chance to show our community what a truly valuable, clean and safe railroad experience within Forest Park can be for residents and visitors alike.