Whiteland council finds Access Group not in compliance after repeated late abatement filings

Staff presented CF1 filings and a one‑day late submission for Access Group LLC; an Access Group representative described prior mailing problems, a lawyer delay and an ownership buyout as causes and said the form was submitted "in by 10:00 a.m. the next morning." The representative accepted responsibility and said she is the controller and that oversight errors were the cause.

Council members expressed concern about repeated late filings across three years. "This is a precedent that we would set and I'm not willing to set it," Councilmember Brad Gocker said, arguing the town must be consistent because abatements are a generous public benefit. Other members discussed options including an application fee for waiver requests and removing the abatement as a penalty.

Citing a statutory deadline and the council's 45‑day window to determine substantial compliance, one member moved to find Access Group not in substantial compliance; the council noted that finding triggers notice and an opportunity for Access Group to request a waiver at a future public hearing. The motion passed by roll call, three to zero.

Council separately moved to find other applicants (including More Logistics/More Capital) in substantial compliance except where staff had highlighted open questions (e.g., lot 3A compliance). Staff said they would prepare public notice and follow the statutory waiver process.