Banner Graphic, Volume 14, Number 221, Greencastle, Putnam County, 23 May 1984 — Page 1
'Fair, reasonable' fees sought for Minnick counsel
By BECKY IGO Banner-Graphic Area News Editor Two years ago, former Greencastle resident William Arthur Minnick was convicted by a Clay Circuit Court jury for the Oct. 26,1981 rape, murder and robbery of Martha R. Payne, a 24-year-old Greencastle housewife. Minnick is serving time on Death Row at the Indiana State Prison in Michigan City. His case is on appeal to the Indiana Supreme Court. But, as the Putnam County Council learned Tuesday afternoon, Putnam County taxpayers are still footing the bill for the crime. AT TUESDAY’S SESSION, Putnam Circuit Court Judge William C. Vaughn 111 said he and Clay Circuit Judge Ernest Yelton, who presided at Minnick’s trial following its venue to Brazil, are trying to determine the most “fair and reasonable”
BainbridgeTown Marshal Walter Huffman instructs students of the Bainbridge Nursery School on the proper use of fire equipment at the Bainbridge Fire Department Wednesday morning. The class of three-to-five year olds is under the direction of Barbara South and Barbara Carrington and meets in the basement of the Bainbridge Methodist Church three mornings a week. (Banner-Graphic photo by Barbara Carhart).
'Next year' for Cloverdale grant
By BARBARA CARHART Banner-Graphic Staff Writer CLOVERDALE-Better luck next year. That’s what the Cloverdale Town Board of Trustees will likely tell the Indiana Department Commerce which is currently soliciting takers for a total of $9 million in community block grant monies. Last year, Cloverdale’s economic development grant application was denied. DOT FARR, ECONOMIC planner for West Central Indiana Economic Development District, told the board at its Tuesday evening meeting that $1 million will be set aside for communities with 5,000 residents or less and that the deadlines in the eight-month grant cycle are fast approaching. Farr, who wrote Cloverdale s grant last
Rewing up Clear and cooler overnight with low around 50 after a daytime high around 80. Mostly sunny and warmer on Thursday. High in the mid 80s. Indiana Extended Forecast Chance of thunderstorms north Friday. Good chance of thunderstorms statedwide Saturday. Warm Friday and Saturday with lows in the upper 50s north to mid 60s south. Highs in the mid 70s to mid 80s. Clearing and cooler Sunday Abby A 4 Calendar A 4 Classifieds 8283 A 7 Comics Crossword Farm A 5 Heloise A 4 Horoscope . AR Obituaries _ People R, 2I r s Theaters A «
legal fee payment for Minnick’s attorney, Woodrow Nasser of Terre Haute. “His (Minnick’s) attorney has submitted time sheets to Judge Yelton regarding payment on the cost of the trial,” Judge Vaughn began. The Putnam Circuit Court judge told councilmen Minnick’s family retained Nasser as the family’s private counsel during the preliminary stages of the trial. However, as the case progressed to the appeal stage to the Indiana Supreme Court, the family became financially unable to pay Nasser’s legal fees, Judge Vaughn said. "Since Nasser had served as Minnick’s attorney throughout the trial, Judge Y elton named him as Minnick’s appeal attorney,” he said. “He (Nasser) has submitted his hours,” Vaughn said of Nasser, “but he has not put a dollar figure down. The hours are ex-
BannerGraplhc Greencastle, Putnam County, Wednesday, May 23,1984, Vol. 14 No. 221 20 Cents
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year, is leaving her position May 31 to be replaced by Pam Kauffman. Kauffman, who was introduced to the board, will represent Putnam County as its economic planner. “The most competitive project is economic development and you have to prove slum or blight or prove the project will benefit the low- and moderate-income people,” Farr told the board. “Putnam County has a challenge in this one. It’s on the borderline.” Last year, Cloverdale represented a 38.6 per cent low- and moderate-income rate, failing to meet the 51 per cent necessary to be competitive. Farr suggested a local survey restricted to the corporate limits of Cloverdale would make the low- and
To expand present facilities OpK \ Comprehensive Services seeking $600,000 grant
By BECKY IGO Banner-Graphic Area News Editor Putnam County Services Inc. officials are in the process of filing for a $600,000 grant through the Indiana Rehabilitation Services, which will be used to expand the present facility designed to serve those with special needs. Director Chuck Schroeder told the Putnam County Council Tuesday. Formerly known as the Putnam County Learning Center, the building at 630 Tennessee St., Greencastle, is no longer large enough to serve the population, Schroeder said. “We have over 100 adults enrolled now,” Schroeder advised, “and we are now turning people away. We have no more room for anyone else.” ALTHOUGH SCHROEDER was not making a request for Putnam County tax dollars, he did want to make the Council aware of what was occurring and asked for endorsement of the project. “With the money from this grant, we can double in size and put in new items that we need,” Schroeder reasoned. Expanded
tremely lengthy. He has alleged there were a lot of errors during the trial because he did not want to overlook any points. For that reason, he has done a lot of research on those points and that takes time. "JUDGE YELTON AND I are in the process of trying to determine what would be the most fair and reasonable payment to him and the public.” To obtain estimates, Judge Vaughn noted the Clay Circuit Court judge would be contacting the Indiana Public Defender’s Office. In turn. Judge Vaughn will make contact with Hendricks County Circuit Court Judge Jeff Boles, who has had previous experience with cases of this type. “Right now, we think the county would pay between $15,000 to $25,000,” Judge Vaughn advised. “That is the range of
moderate-income more competitive. ' \ “THIS HAS TO BE a joint-effort! ” Farr told the board. “And overall/doyerdale also has to come up with 10 per cent of the total project cost.” The town must send a notice of intent to the Department of Commerce by June 1 if it agrees to participates in the grant program, Farr explained. A proposal is due by June 29 and those towns who meet 12 out of 14 criteria will be invited to submit an application by Oct. 9. Grant awards will be announced Jan. 7. “I think we want to get the entire community involved in it,” board president Harley Janssen said. “Maybe we can get a early start for next year.” CoL 3, back page, this section...
facilities will result in better.service to clients, he added. “We have a waiting list now and are serving twice the state average for other state agencies of our type.” Of the $600,000 grant, Schroeder noted 20 per cent of that total amount would have to be made up by local funds. Putnam County Comprehensive Services Inc. will obtain that 20 per cent via a loan, the director said. Due to the competence of his staff, programs at the facility have proven to be successful. “Our placement ratio is very high,” Schroeder said. “That’s not due to me. That's due to our staff. “RIGHT NOW, WE HAVE placed more people (out into the workforce) than any other state agency. That’s keeps these people off of the welfare and Social Security rolls,” he related, “and puts them back into society.” Monies available through state grants should be taken advantage of for Indiana residents, according to Schroeder. “If we don’t use the money here in Indiana, it
figures we have seen so far. ” According to Judge Vaughn, Nasser submitted time sheets which document between an estimated 3,000 to 4,000 hours. “At $35 an hour, which is the Putnam County public defender’s fee now, that bill (from Nasser to Putnam County) would be in excess of $100,000,” Judge Vaughn emphasized. “OF COURSE, WE won’t see that amount,” he quickly added. “Again, Judge Yelton and myself will try to find a figure that will be most fair and reasonable to the defendant and to the public. You’ll be seeing some kind of figure come through in the next two or three months.” As a comparison, Judge Vaughn said he knew an appeal that went through a Boone County court and resulted in a public defender’s fee of $15,000. At another county’s trial, Judge Vaughn said, there had
City Council votes down Franklin Street rezoning
By ERIC BERNSEE Banner-Graphic Managing Editor By a 3-2 vote Tuesday night the Greencastle City Council went against a City Plan Commission recommendation and denied rezoning of a portion of East Franklin Street for a commercial development. Jack Cross had requested the rezoning of 1.6 acres of a six-acre tract from RP (residential-professional) to Cl (commercial). The site is located on the north side of the east end of Franklin Street. IRONICALLY, THE eastern portion of the lot (immediately adjacent to the Greencastle Shopping Center) is already zoned Cl. And Cross could have placed his proposed beauty shop-sporting goods store there with no iezoning necessaiy. However, the hilly terrain of that portion of the site necessitated the 36 x 30-foot building to be moved further west, where it was proposed 310 feet west of the shopping center property line. However, the 200 x \250-foot lot in question was then within the tap district. I The uniqueness of the situation wasn’t on the City Council. Fourth Ward Councilman Bob Sedlack, calling the decision more difficult than the recent fluoridation issue, said he wished he had twp votes. And Second Ward Councilman Larry Taylor, whose constituency includes the 44 residents of the immediate area affected by the proposed commercial rezoning, said that on one hand he gladly welcomes gross’ decision to open two new city businesses, but on the other he sees too many unanswered questions about what commercial rezoning might do to the neighborhood in the future. SPEAKING ON BEHALF of the neighborhood residents, Robert Farber, 712 Highridge Ave., said, “Practically everyone in the area would rather preserve what we have rather than start a new commercial strip, especially when there are so many other locations available.” In requesting that the City Council not approve the Plan Commission’s recommended rezoning (approved by a 5-2 vote at an April 12 meeting), Farber offered a petition signed by 44 residents. Citing six main points in objecting to the commercial development, the petition said the project: -Threatens the quality of life in an old, establishedresidential neighborhood.
goes out to someplace else,” Schroeder said. “They take our money from Indiana and build buildings.” Having a facility available like the Putnam County Comprehensive Services Inc. means dollars going back into the economy. “For every dollar spent, we turn $lO back onto the community,” Schroeder said. Complimenting Schroeder and the service the facility provides, the Putnam County Council readily endorsed obtainment of the grant. IN EARLIER ACTION, the Council voted 4-1 in favor of adding a caseworker to the Putnam County Welfare Department. Director Catryna Shipman provided members with statistics, which she said supports her request. Using guidelines, officials on the state level agreed there is a need for the additional worker, whom Shipman said will be assigned to the welfare food stamp office. The salary for this individual will be $1,041 per month, Shipman told the Coun-
been a pre-arranged lawyer’s fee set prior to the outcome. “There was no such agreement made between Judge Yelton and Mr Nasser,” Judge Vaughn related. “It was just felt the appeal process should be gone through and the (financial) details could be determined later.” COUNCILMAN Bob Evans questioned if Nasser could make an attempt through the courts to seek additional compensation, if he believed the amount paid was inadequate. Judge Vaughn said that is a possibility, although he had “never seen a fee dispute go beyond” what was determined by the local court. "If he (Nasser) did file a mandate action, I think the Supreme Court would go with the local court,” Judge Vaughn added. “I really don’t like to try and guess on those things. It’s hard to tell what would
Chamber tabs Jo Auvil
Bob Hutchings, president of the Greencastle Chamber of Commerce, announced today the appointment of Jo Auvil to the position of executive secretary of the Chamber. Mrs. Auvil will assume her duties May 29. IN ANNOUNCING the appointment, Hutchings observed that a number of highly qualified individuals were considered for this position. “Jo was selected,” he said, “on the basis of our perception of her overall qualifications to meet the demands irtipos&Tbjfthls position.”' Mrs. Auvil brings a broad range of
-Opens the possibility for future deterioration of residential quality. -Ignores the existence of property already designated commercial and suitable for development. -Threatens to devaluate many houses that abut or lie near the commercial strip. -Would only add to an already hazardous traffic situation. WHEN THE PLAN Commission approved the rezoning, it stipulated that Cross would have to maintain a 70-foot buffer zone, kept naturally wooded, between the business and the adjacent home of Robert and Doris Thomas, 809 E. Franklin St. It was also stipulated that Cross would provide an acceleration and deceleration lane into the driveway of the business to reduce traffic hazards. Cross reiterated his agreement to those stipulations Tuesday night. He also said he never intended to sell boats, as residents had rumored. In fact, he said Tuesday night, the sporting goods portion of the building probably would be used for something else since the expense of the 125-foot acceleration-deceleration lane was figured into the cost of the project. In stating that the proposed building would be similar in design to Greencastle Decorating’s 7 facility, Cross said, “I believe anything I do there would be an improvement (to the property). If anybody knows this area, to me, it’s an eyesore.” IN PRESENTING HIS case to the Council, he cited the proximity of the site to McQuik’s Oil Lube and the Dairy Castle
cil. All but $2,500 of the worker’s total annual salary is reimbursed by the state, she added. Voting for the addition were councilman Jack Waldron, Bob Evans, Dick Asbell and Richard Hassler. Max Nichols voted “no,” basing his decision on information from Shipman saying the food stamp program’s activity slows during the summer months. Councilmen Gene Clodfelter and Gene Beck were absent. ALSO RELATED TO the county Welfare Department, the Council voted, “under protest,” to allow a 5 per cent cost-of-living increase for workers, plus a merit increase as determined by the state. That request was earlier approved at 4 per cent for the cost-of-living hike, but Gov. Robert Orr previously ordered state employees to be paid 5 per cent more in that area. Although the Putnam County Welfare Department operates on the local level, its workers are considered state employees. Therefore, they are able to obtain state benefits not applicable to those on the county level.
happen.” Evans then questioned if Putnam County would be receiving notice of any additional bills regarding the two-year-old Minnick trial. “As far as I know, with the exception of Mr. Nasser’s fee, the county is up to date and paid on everything,” Judge Vaughn answered. "To my knowledge, there is nothing in the background that has not been paid.” JUDGE VAUGHN DID tell councilmen that Judge Yelton was frugal in keeping the trial and appeal expenses to a minimum. “I feel an obligation to Judge Yelton to compliment him,” the Putnam Circuit Court judge said. “I think he kept the trial costs down to around $60,000 to $70,000,” he remarked, emphasizing the costs could have been much greater. “Judge Yelton did that by good Col. 3, back page, this section
administrative, public contact and secretarial experience to the Chamber. In commenting on her selection, she emphasized, “I’m excited to get started-to meet as many members of our business community as soon as possible. And I am anxious to show potential newcomersindividuals as well as new business and industrial prospects-what a great community we have.” JO, HUSBAND BILL and daughters Alecia (2 Vfe) and Laura •HO months) reside at Deer Creek Hills.
directly across Franklin Street. Cross said safety considerations also promoted him to seek a location west of the existing Cl zoning. The site proposed would have put the business west of the stoplight at the “Y” intersection. However, area residents voiced concern over what the Cl reclassification might mean later. Area resident Robert Loring, a member of the Plan Commission who abstained from voting April 12, said, “In all honesty, Cl would have been wrong anyway. If Mr. Cross decides to leave the area, that will leave it open to anything under C 1... a pet shop or butcher shop. ” Meanwhile, adjacent property owner Robert Thomas said he and his wife have operated two local businesses and would have loved to have located so close to their own home. “But we didn’t want to change it for our sake,” he said of the wooded lot. Thomas operates a computer business, while Mrs. Thomas previously ran a pet shop. “OUR OBJECTION,” Farber said, responding as a group spokesman to a question from John Kendall, attorney for Mrs. Lindsay Scott, present landowner of the tract, “is that we don’t want to start a series of businesses - fast foods, gun shops and beauty shops We just don’t want it to get started on Franklin Street. ” The hour-long argument also offered two opposing remarks from local young people. John C. Baughman, a 1984 Greencastle High School graduate, said he has Col. 3, back page, this section
Council President Waldon contacted county attorney Robert Lowe and was again advised the county is “mandated” to approve the increases. The motion to approve was made by Evans and seconded by Asbell with the Council voting unanimously in agreement. IN OTHER ACTION, the board: •Received information from Asbell regarding the U.S. Department of Labor advising Putnam County Operation Life ambulance service must pay minimum wage to its volunteers. If true it could mean an estimated increase of $120,000 to OL’s budget, Asbell said. Legalities pertaining to the request are being investigated by the OL Board of Directors. Asbell serves as the County Council’s representative to that board. •Reappointed Esther Mayhall to the Putnam County Library Board following a recommendation by library Director Ellen Sedlack. The term is for four years. •Reappointed Larry Muncie to the county Alcohol Beverage Commission.