MERRILLVILLE | The heat was on Tuesday as the Plan Commission spent more than an hour debating the merits and drawbacks of plans for a federally subsidized apartment complex for those 55 and older.

No vote was taken at the workshop session.

The project, a proposed 96-unit apartment complex in the 7700 block of Madison Street, will come before the Plan Commission for preliminary approval May 15.

Real America, based in Indianapolis, is the proposed builder.

Plan Commission member Brian Dering, who has been outspoken about his opposition to the project, was joined in his arguments by Town Councilman Shawn Pettit, D-6th.

Pettit, who formerly served on the commission when the project was first broached, said he came to the meeting because its proposed location is inside the ward he represents.

Pettit and Dering questioned developer Bill Putz about possibly withholding information about the project utilizing low-income tax credits for renters when broached three years ago.

"Why? I don't mind senior housing but why muddle things?" Pettit asked.

He said many of his constituents, including one longtime resident in her 70s, are concerned about property values and are considering moving if the project goes forward.

Of chief concern to both men, as well as some other commission members, is whether the apartments could legally be restricted to those 55 and older.

Tom Gallmeyer, an attorney for Real America, said the company's staff is willing to put restrictions in place excluding all but residents 55 and older, their spouses and handicapped children.

"We are proposing separate covenants," Gallmeyer said.

But he and Plan Commission attorney Stephen Bower couldn't agree when asked about challenges to federal Fair Housing Act laws and what such challenges would mean to the future of the project.

When asked at the end of the session by Dering if the project could stay 55 and older, even if challenged, Bower replied, "I'm not sure."

Also debated at length was where the proposed entrance to the project would be located.

Plan Commission member Lance Huish, a town police officer, said Police Chief Nicholas Bravos has told Putz he favored an exit onto Broadway at the traffic light.

Bower said that differed from the entrance Putz was pushing -- south of the project with no traffic light -- and the one he had told the commission Bravos favored.

"I don't put a lot of credence in what you say. I don't find you very credible," Bower said.