The Mail-Journal, Volume 10, Number 25, Milford, Kosciusko County, 18 July 1973 — Page 15

VanHemert's resignation comes after series of crises

The resignation of Harry VanHemert, Syracuse building commissioner, was accepted by the Syracuse town board in a dramatic meeting Tuesday, July 3. VanHemert submitted his resignation the first week of May and it was rejected by the town board in a special meeting May 29. Two particular “crises” and several smaller incidents over the recent months have directed much area interest toward Harry VanHemert and the office of Syracuse building commissioner. In the first week of June 1971 VanHemert was appointed by Carl T. Zimmer, county assessor, to the newly-formed post of Turkey Creek township assessor. Township trustee Joseph Shewmon, his advisory board and at least four of the six Turkey Creek township Republican committeemen, had supported another local man for the job, and all were surprised when Zimmer ignored recommendations and appointed VanHemert. This appointment was again the cause of discussion by the executive committee of the plan commission in a meeting of the town board December 19, 1972. William Beemer, plan commission member, submitted a proposal at that meeting, parts of which follow: “Article 11, section IX of the Indiana constitution prohibits one person from holding more than one lucrative office at the same time, except as in this constitution expressly permitted. And that it is the accepted rule of the law in Indiana that the acceptance of a second lucrative office in violation of the constitutional provision, automatically vacates the office occupied at the time of such acceptance. “We, therefore, respectfully submit, that the incumbant

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building commissioner, now also holding the position of township assessor, both lucrative offices, not be reappointed as building commissioner for 1973.” The salary for the office of township assessor is $6,600 per year and VanHemert made $2,400 last year as building commissioner. The recommendation of the executive committee of the plan commission, vis-a-vis the president, the vice president and the secretary, was referred back to the entire plan commission due to lack of proper form in a town board meeting January 2, 1973. In a fiery plan commission meeting January 4, the commission agreed, by a majority vote of five yes to three no, with two abstentions, to recommend VanHemert for reappointment, providing he (VanHemert) be made to follow the necessary bylaws, overriding the executive committee’s wishes. VanHemert was appointed “with stipulations to be specified” in a town board meeting January 16. Second ‘Crisis’ Several violations were discovered over the months by the plan commission, and some of these were brought up before the town board. But it was not until the April 24 meeting of the board that the second “crisis” broke loose. This was the question of the permit VanHemert had issued to Mr. and Mrs. B. R. Pinney to construct a 12-unit group house on Front street. The permit listed ground area as 22,968 square feet, insufficient for requirements of 2,500 sqtiare feet per family or 30,000 square feet. The permit also did not take into the consideration that about cme-half of lot 144 and one-fourth of lot 141 runs a distance into the channel waters, the Front street roadway and a portion around five feet across the street.

Actual available square footage was estimated by Bruce Frey, Syracuse town attorney at 16,000 to 18,000 square feet at this meeting. In the next meeting, May 1, the board moved to temporarily suspend VanHemert from the job of building commissioner and to temporarily revoke the permit issued to the Pinneys, as VanHemert refused to revoke the permit himself. The board also acted to appoint itself as temporary building commissioner. In a special secret meeting later that week between the board, two representatives of the Front street residents and Phil Gutman, attorney for the Pinney’s, the board agreed to reissue a permit for up to eight units, rather than the 12 originally agreed upon. VanHemert submitted his resignation the following week, to which town board president Lou Kuilema said bluntly, “We’ll accept his resignation.” Said letter follows: “Town Board of Syracuse Town Hall Syracuse, Indiana 46567 “Gentlemen: “When you appointed me as building commissioner, I interpreted this action as an expression of confidence. Confidence in my ability to interpret the ground rules, however vague at times, that this and previous boards have established over the years to promote a sound and healthy growth pattern for Turkey Creek township. I believe that I have substantiated that confidence to its fullest extent. Your recent actions, however, indicate that you do not share this belief. “Since the office of building commissioner cannot function properly with anything less then complete support for the regulations you have made; and since the town cannot afford such a situation as now exists, I hereby submit my resignation as building commissioner, effective immediately. Sincerely, Harry VanHemert” However, in the May 29 meeting of the board they did not accept the resignation, instead they voted to reinstate VanHemert as building commissioner. Thomas Prickett and Lou Kuilema voted to oust VanHemert, with Darrell Grisamer, Noble Blocker and newly appointed member Marion L. (Doc) Miller voting against the motion. By this time an ad hoc group of concerned Front street residents had been formed “to seek help in our search for justice.” A petition had been presented by these citizens to the town board, asking them to revoke the controversial and allegedly illegal permit. The board of zoning appeals took on the problem in a meeting May 31. Attorney for the Front

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Streeters, William Dalton, presented the same petition to this board, hoping for some action. The board of zoning appeals expressed concern over th’e situation, pointing out this board was the place where it should have been handled much earlier. Bill Coburn, board of zoning appeals member, expressed amazement at the entire situation, asserting this whole case was “very, very sloppy workmanship on the part of the building commissioner, who should be replaced.” The zoning appeals board agreed to meet as soon as possible to discuss the question officially, as no action could be taken without advertising the meeting for 10 days. Meanwhile, at the June 5 town board meeting, the Syracuse Lake association board of directors and the Wawasee Property Owners association also expressed concern that “good area zoning ordinances and their proper administration are necessary to further the good of the area for all residents.” They expressed a desire the building commissioner should share responsibilities with the plan commission and the board of zoning appeals. The board of zoning appeals finally met to put an end to the matter June 18. In this, another long and controversial meeting, the board revoked the Pinney permit and reissued another permit to build a maximum of six units in their group house. Resignations The entire debate, lasting almost two months, scarred the town and the office of building commissioner, it was at least the partial cause of the resignations of two town board members, president Louis Kuilema of Ward 3 and Noble C. Blocker of Ward 2, leaving only three men on the board. At the opening of last week’s meeting, July 3, VanHemert took the floor, asking there be no interruptions during his presentation. The former building commissioner reviewed the list of 13 possible zoning violations brought up by members of the plan commission in July, 1971, as he was instructed at the last meeting of the town board. When the short presentation was finished, he presented a letter to board members which he said he had submitted two weeks before, but which must have been “lost in the shuffle.” Bruce Frey read the letter to the public. The letter follows: “During my service as building commissioner, which began in 1969, I have endured many difficulties with a minimum of comment. Now, however, I am going to speak my feelings and voice a few comments* that are long overdue. “Whether anyone likes it or not, this town is growing into a small city. We can accept this fact gracefully, or continue to go about our affairs in a manner which is uncomplimentary, and tends to make neighboring communities laugh at our efforts.

We can no longer afford the luxury of doing business on a personal basis, nor can we continue to have individual decisions based on personal thoughts of what is good for the community. This era ended with the formation of a plan commission, a zoning board and a board of zoning appeals. Now the town board has to assume control of these various groups and direct their efforts to the betterment of the community as a whole. An effort which has been lacking in recent months. “A case in point is the ordinance recently adopted on the recommendation of the plan commission. This document, while well intended, fails to recognize that with the printed word, legal and personal interpretations of what was intended are possible. The interpretations which I make daily are subject to no end of criticism and I challenge this board to justify such criticisms and determine real intention. Are the complaints directed to me, or are they merely the reflection of personal and selfish interests dedicated to keeping Syracuse a small community and the surrounding lake areas a private playground? The latter is a physical impossibility since we are talking about state owned property. “Since I became commissioner, I have tried to encourage any project which would add stability, tax dollars and organized growth to this community. If this is not what the board wants, then find someone else to run the commissioner’s office. If it is what you want, then the time has come to commit 100 per cent in this direction and discontinue trying to please everyone. You will need to review the ordinance prepared by the plan commission and get it into a form which encourages this direction, rather than the prohibitive form it now represents. "I further suggest that you instruct the various groups which are supposed to be advisors to the board that they direct their efforts in that capacity rather than self-appointed critics of the building commissioner; and I will act accordingly. “If these proposals do not meet with your approval, and you are willing to let everyone make the decisions normally reserved for the building commissioner, then I suggest you find someone willing to work under such an arrangement because I will not. Anytime you want my resignation, you have it on file, all you need do is accept it! Sincerely, Harry M. VanHemert” VanHemert remarked to the town board, “I give the football to you, and you boys are responsible,” and left the meeting. William Beemer, vice president of the plan commission, asked if it would be appropriate to take issue with what had been said, even though VanHemert

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was no longer available for questioning or comment. Frey agreed it would be appropriate, and Beemer took the floor, asking everyone’s indulgence as he brought forward a formidable stack, some 12 inches high, of building permits. Beemer said, “I, too, feel it is time to deal with this matter as it should be dealt with.” He read his letter of appointment to the plan commission, written by Kosciusko county circuit court judge Gene B. Lee in February of 1971. The letter referred to some of the duties of the plan commission. After reading the letter, Beemer added, “When I am appointed to a position, I take that appointment seriously. Never have I tried to attack Harry VanHemert personally. I have nothing to gain, or to lose, by that.” Beemer continued, saying, “I moved to the area 13 years ago because it is a fantastic place to live. This is an area of very fine people, not excluding Harry VanHemert. The thing that I have objected to, along with the plan commission, is the indiscriminate placing of mobile homes in the area. We attempted a year and a half ago to call it to the board’s attention.” He also pointed out the ordinance which VanHemert referred to was not written by this plan commission, but was actually drawn up in 1957, although some refinements in the ordinance have been made by the present group. “Dee Stive, Joe Gray and I spent much time, two months ago, going through the ordinance and trying to reconstruct a suitable set of laws. We all appreciate that without laws we have nothing,” Beemer added. Beemer agreed with VanHemert’s statement that the town has become a laughing stock all over the area. He related going to VanHemert’s office that afternoon, along with plan commission president, Wilbur Smith, secretary Col. Joseph Gray and member Mike Umbaugh. The group asked the former building commissioner for all of the building permit applications. VanHemert refused to allow them to take the applications

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Wed., July 18,1973 — THE MAIL-JOURNAL

from his office. Beemer recounted asking why they could not borrow them, and VanHemert reportedly replied he needed them in performance of his duties as township assessor. He stood by the decision, and only allowed the four to look at the petitions. The plan commission members made three pages of notes from the applications they looked at in the office. Beemer asked the board to take his word for the statements he was making about these applications, as he obviously could not substantiate them with the applications themselves. Beemer noted that from the applications presently in VanHemert’s office, 60 were in violation of the ordinance of incorrect permits and 11 permits were correct. Beemer then proposed going through the stack of building permits he had brought with him. He had not looked through the stack beforehand, Beemer told the audience, so “I’m either going to be embarrassed or right.” 82 Per Cent Beemer went through 22 applications chosen from throughout the stack, and showed that 18 of the 22, or 82 per cent, were somehow in violation of the ordinance or incorrect. Some of the documents were not signed by the applicant, and therefore not legal documents. Some had no drawing of what was planned, and some of the drawings were not to scale, or did not show such things as set backs, as is required. One particular permit was not needed at all, and another was granted for a drawing, with nothing at all written on the front. After reading and discussing the sample of building permits, Beemer went on, “It should be obvious at this point that any indication that we are out to get VanHemert should be dispelled by now. We went after the building commissioner, not the man, because we didn’t think he was doing his job. Board member Noble Blocker asked Beemer to look at the seven questionable permits which VanHemert issued in the

days after his reinstatement as building commissioner. Plan commission members had asserted that four of these seven permits were not correct. Beemer looked at the documents, along with Umbaugh. At least four of these were found to be in violation. Several of the permits contained signatures, and one an elaborate drawing, which Beemer and Umbaugh did not recall seeing on the permits when they were first looked over in the first part of June. ■ Marion Miller, who voted to reject VanHemert’s resignation five weeks ago, mpved to accept VanHemert’s resignation. Thomas Prickett seconded the motion, and it passed by a unanimous vote of the fourmember board. Thus ended the tempestuous and crisis-filled four years with Syracuse building commissioner Harry VanHemert. Participate in ISU band workshop TERRE HAUTE — A marching band show Friday (July 13) at 7 p.m. at Marks Field closed the Indiana State university marching band workshop being conducted this week by William C. Moffit of the University of Houston. Featuring 99 high school students who have spent a week on the ISU campus practicing marching patterns, the band show was open to the public. Moffit, who served as clinician at the band workshop for the sixth year, is a nationally known authority on the “patterns in motion” concept of marching. He is the author of several books and j many musical arrangements. The band workshop was under the direction of George M. Graesch and Gary E. Smith of the ISU music department. Assisting them were 14 high school band directors. Students from Syracuse participating in the workshop and closing show are Greg Smith and Kenneth Strieby r 2, Syracuse.

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