The Mail-Journal, Volume 13, Number 33, Milford, Kosciusko County, 8 September 1976 — Page 1

Phones: 658-4111 & 457-3666

VOLUME 13

Mason seeks to limit jurisdiction of town board, plan commission

John C. (“Jack”) Mason, the controversial figure in the Lake Wawasee “wetlands” dispute, has carried his running battle for what he calls his “constitutional rights” to the doorstep of the Syracuse town board of trustees and the Syracuse town plan commission In a move for a partial summary judgment in his favor against the two above-named bodies. Mason has filed Cause No. SC-75-338 with the Kosciusko Superior Court, seeking a declaratory judgment that neither of the defendants has the right, authority or power to control the use of land located outside the corporate limits of the town of Syracuse At the present time the Syracuse plan commission exercises control over an area extending approximately four miles outside the corporate limits

Approval given for retirement complex

Unanimous approval was given by the Syracuse board of zoning appeals BZA and the Syracuse, town plan commission to International Constructors IV for a five million dollar retirement community on the Wawasee Prep property. Lake Wawasee. at a September 2, joint meeting Eight stipulations approved by the plan commission and BZA under Specification H of the zoning ordinance were granted at the meeting The stipulations were drawn up during meetings last month with the two bodies and one of the development partners. Gordon Medlock At the meeting, Medlock presented plans requested by the commission and board concerning possible placement of 100 additional units asked for by the developers The additional units will be added for market flexibility, as approved by Presbyterian Housing, which will manage the complex Construction on the life-lease retirement facility is to begin within 12 months of BZA proval. with the extenor work completed within 18 months of the start of construction Extra buildings and remodeling is to be done to build the community of 143 apartments, a 40-bed health care unit plus the additional 100 unspecified units, or 283 total constructed units Persons who are residents, friends and employees of thei complex, expected to be 100 to 150 x persons, with account numbers, will be permitted commercial transactions at the approved (Continued on page 2) © JON DEWART

WIN TRIPS — Bob'* F ord-Mercury car dealership, in Nappanee, to proud to announce that sales manager. Joa Depart. left, to a contest against other sales managers, has woo a one week vacation to Monte Carlo. Paris and Rome. He to one of V others to Indiana to receive this outstanding sales award. And eoattontag. Bob Roeder, salesman, won a three-day hiatus to Las Vegas, also for outstanding sales. Both gentlemen left last Sunday. Sept. 5. on their respective ex-

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Consolidation of THE. MILFORD MAIL (Est. 1888) and THE SYRACUSE-WAWASEE JOURNAL )Est. 1907)

Also Seeks 1300.000 In action filed a week ago Mason is asking $300,000 from the state department of natural resources in a Notice of Tort Claim, naming Joseph D. Cloud, its director. He claims the actions of the department has caused to have cancelled a contract he had with Donald Byrd, dated April 1. 1976, to deliver 200.000 yards of fill dirt at $1.50 per yard on Byrd’s property near Wawasee Mason sets out in this week’s action against the town board and plan commission that the facts are plain that he is entitled to a judgment against the two bodies, declaring neither of the defendants has the right, authority or power to control the use of land outside the town’s corporate limits A Memorandum attached with the motion as filed declares that

Constructors IV land agreement not exclusive Father Charles Kunkel, Prior of the Crosier House of Studies in Fort Wayne and administrator of the Wawasee Prep property has made the following statement concerning the appearance of the Harding-Dahm realtor sign on the Wawasee property The purchase agreement that the Crosiers have signed with the International Constructors IV is not absolutely exclusive. The Crosiers have retained the right, to seek other buyers for their Wawasee Prep property If a better offer is received by the Crosiers, Medlock's group has 20 days to match the better offer or give up their option The Crosiers have recently asked Harding-Dahm Realtors of Fort Wayne to represent them The Crosiers, however, are very hopeful that the sale of their property to International Constructors IV will be completed by the end of the contract period in mid-January 1977 The recent zoning approval by the Syracuse board of zoning appeals has substantially increased the chances that the sale will be completed to Medlock's group The one remaining obstacle to the completion of this sale is the need for an approved sewage system The Crosiers are hopeful that the problems related to the (Continued on page 2) ROBERT ROEDER

the county commissioners established an area plan commission for Kosciusko county under an ordinance of January 2. 1975, and following the establishment of the area plan commission. all conflicting jurisdiction in the county is terminated “A shall, after the establishment of the area planning department, have no authority to exercise planning and zoning powers outside the municipal boundaries of the city.” according to Section 6 of the Act. the Mason motion notes. It is further noted that the county board of commissioners has never authorized the Syracuse plan commission to exercise jurisdiction outside its corporate limits. And. finally, the motion states it does not attempt to divest the town plan commission of its »***■*»„ ’ B LOGAN QUALIFIES — James H. Jim > Logan of Warsaw personally delivered 2,100 certified signatures to the Secretary of State’s office last Wednesday to qualify for ballot position on the American Party in the second district. Logan needed only 806 signatures and when asked why he obtained almost three times as many as needed, he stated. "The success of my petition drive was based on the dissatisfaction by the people of the second district with the choice that is not being offered by the Republican or Democratic party." Logan is 49 and is employed at Grace Retirement Village in Warsaw. He is married to the former Evelyn Lois Good of Winona Lake. The Logans have five children and two grandchildren. Core of honor, sign-in night set in Milford Members of the Milford BoyScout troop will have a core of honor and sign-in night for new Scouts this week end Boys interested tn the Scouting program and their parents are invited to the special event next Saturday. It will begin at 7:30 p.m. and will be held tn the Christian activities center of the Milford Christian church A program. “In the Eyes of an Officer” will be presented by Len Blackstone of the Warsaw police department Two cars on same street burglarized Two cars belonging to Edward D. Miller and Owen Lindsey, both of r 3 Syracuse, were burglarized Wednesday night or early Thursday morning last week. Both oars were parked on DeFreese Park at residences three houses from each other. A 10 ampere battery' charger and a six afepere lantern battery valued at a total of $40.50 was taken from Millar’s car. A $35 car radio was stolen from Lindsey s automobile.

WEDNESDAY, SEPT. 8, 1976

jurisdiction within the town limits, "that is what it was created for and that is what it should now be limited to.” It ends, "The legislature in its wisdom determined that there should be uniform zoning enforcement throughout a county and this only makes sense. For the county to administer, enforce and regulate the zoning in and about all the lakes of Kosciusko county with the exception of Lakes Syracuse and Wawasee, would neither be fair nor equitable to the owners of property abutting such lakes. Obviously, both the legislature and the board of county commissioners were seeking such uniformity and it should be so declared by this court.” The motion was filed by Richard C. Ver Wiebe of the Fort Wayne law firm of Lebamoff, Ver Wiebe and Snow. ‘ Savings bond sales listed for July Kosciusko county sales of Series E and H United States Savings Bonds were $151,129 in the month of July 1976. Sales in the State of Indiana were $17,725,760 reports Alfred J. Stokely, state chairman of the Indiana volunteer committee This represents 2.8 per cent of national sales of $641,000,000. Indiana has achieved 57.2 per cent of the 1976 state quota of $225,500,000.

Re-elect Bill Spurgeon president of Wawasee Property Owners Assoc.

Directors of the Wawasee Property Owners Association last week re-elected Wiley W. (Bill) Spurgeon president for the organization's 1976-77 year Spurgeon, a longtime resident of Wawasee’s north shore, thus became the first person to be returned to office for the fourth year by the lake organization. Harry E. Alfrey of Wawasee’s south shore served for three terms from 1969 through 1972. Elected vice president of the association was V. Logan Love of r 4 Syracuse. He succeeds Ronald Silveus of r 1 Syracuse, who had served for three terms and did not seek re-election. Spurgeon, editor of The Muncie Star and a former publisher of the Syracuse-Wawasee Journal, has been a seasonal resident of Wawasee since 1937 Dr. Love is medical director of Lincoln National Life Insurance at Fort Wayne and is a permanent Wawasee resident In other action, the association bdard reappointed Jack C. Vanderford as secretarytreasurer but at his request agreed to begin a search for a successor. Vanderford, r 4 Syracuse, has served as secretary-treasurer for 25 years — almost the total existence of the organization Spurgeon told the board at its reorganization meeting that membership was at an historic high, up nearly 50 per cent from four years ago, and paid tribute to activities carried on by Meyer Maidenberg and Jack DeHaven, membership chairmen since 1973 The board also heard from DeHaven that a pier-numbering program (to make it easier to locate homes on Wawasee) had been completed and that a total of 813 piers had been numbered on the mam body of the lake. DeHaven said that next year it was hoped that channel lots might be numbered, and that signs might be erected at road intersections indicating which homes were located on that particular road. He said a base map was to be provided police and fire dispatchers for use in locating homes by lake per numbers. Spurgeon said committees for the current year would be ap-

b! ATTENDING COLLEGE — Kerri Ann Augsburger, daughter of Mr. and Mrs. John B. Augsburger of Waubee Lake. Milford, a 1976 graduate of Wawasee high school, is a freshman at Ozark Bible college in Joplin, Mo. Joplin is located at the tip of the Oklahoma, Arkansas and Kansas border. During high school she was a member of choir. Future Educators (FEA) and national honor society. Kerri received two honorary scholarships and was in the WHS graduating honor guard, maintaining a four-year average of 3.7 and was ranked 15th out of 232 graduates. She worked in the bookkeeping department of Augsburger's Inc., and was an active member of the Milford Christian church and a gospel singing group called the “Soul Seekers.” Kerri intends to continue in the education field with elementaryteaching as her goal. Kerri has two sistqrs, Kim. a junior at Ozark Bible college and Angie, an eighth grade student at Milford junior high.

pointed prior to the next directors’ meeting, which would probably be called for around October 1. He said issues facing the organization included wetlands preservation, water quality, sewage and sanitation problems, public safety and planning and zoning. 11-year-old girl found dead in pool The death of an 11 year-old girl from Huntertown at Jellystone Campgrounds on Ridinger Lake, south of North Webster, is being investigated to determine if drowning was the cause of death. Jean Ann Bell, daughter of Mr. and Mrs. LaMarr Bell of Huntertown. went under water for only a short period of time while swimming in the campground pool with her family. She was pulled from the pool, but rerival efforts failed She was pronounced dead at the Kosciusko Community hospital at 1:40 p.m. on Monday. Sept 6 An autopsy was ordered to determine if drowning caused her death The body was taken to the D. O. McComb and Sons funeral home in Fort Wayne Auto damaged while parking A car driven by a Syracuse woman damaged a parked car on South Huntington street. Syracuse. Sept. 3. A 1971 Dodge driven by Carol R. Renkenberger. 324 Dolan drive. Apt. 4. Syracuse, hit and damaged a parked car as Renkenberger was attempting to parallel park. The parked auto, with SIOO estimated damages to the front bumper and grill of the 1972 Ford. is owned by Paul and Eva Slone, box 153. Wolcottville. FINED IN GOSHEN Allen R. Slabaugh. 29. r 1 Milford, paid a fine of $34 recently in Goshen city court, for traveling 67 in a 55-zone, on SR 13 at CR 36.

Payne and Little file — No contest for Lakeland school board positions

Two vacancies on the"bakeland Community School Corporation’s board of trustees, which are to be filled at the November election, will be filled by incumbent board. Lakeland school board president Billy G. Little of Milford and board member Philip R. Payne of North W ebster were the only candidates to file prior to the September 1 deadline. - There will therefore be no contest on the November ballot. Anyone in districts one or three could have filed. The Lakeland school board consists of five members from three districts — Tippecanoe township, district one; Turkey Creek township, district two; and Van Buren and the east half of Jefferson townships, district three. Each of the districts must have one representative on the board. None can have more than two. Little is from district three. Payne is from district one. Other board members are Floyd H. Baker of North Webster (1). John F. Kroh (2) and James E. Fry (1). Payne Payne is 44 and a life long resident of North Webster. He graduated from North Webster high school in 1950 and has been engaged in the plumbing, heating and air-conditioning business with W. E. Metcalf since 1955 and is vice president of Metcalf and Payne, Inc. He is married to the former Evalee McKee of Anderson and the father of four children — Steve, 16, a junior at Wawasee high school; Susan, 12. a seventh grader at North Webster junior high; Sandra is nine and in the fourth grade at North W’ebster; and Sherry is four. He has been active in the North Webster Lions club since 1955 and served as president of that organization in 1961; is a member of the North W’ebster volunteer fire department; North Webster lodge 747 F & AM, Valley of Fort Wayne Scottish Rite, Valley of Fort Wayne, 32d Mason; the North Webster United Methodist church; and the North W’ebster American legion. He recently qualified as an EMS technician, working with the North Webster emergency unit. He served in Korea with the US Marine Corps. Payne was selected the Outstanding Young Man of the Year for Kosciusko county by the Warsaw Jaycees in 1962. He was listed in the Outstanding Young Men of America in the 1968 edition. He served two terms on the Tippecanoe township advisory board. Little Bill Little took his first oath of office as a member of the Lakeland school board on March 9. 1970. He is a 1945 graduate of Milford high school A native of Milford. Little is 49. He graduated from Indiana university in 1949 and served in the US Coast Guard for 90 days and in the US Army for two years with the fifth army auditors in Chicago. As a civilian he was an auditor on the “Stars and Stripes," European edition in Darmstadt, Germany for 44 years, progressing to the position of assistant comptroller. While* in Europe he met and married Edith M. Nedart of Altorf. Germany They have three children. Victoria is a coordinator for VIC — Volunteer in court, in Fort Wayne. Judith is a junior at Ball State university and Mackie, eight, is in the third grade at the Milford elementary school. Little is a former clerktreasurer of the town of Milford. He is a member of the Milford Lions club. Masonic Lodge 418 F and AM and the South Bend Commandary of Scottish Rite. He has been associated with Ren S. Clark since 1959 in Little and Clark, Inc. Mr. Clark is no longer active in the business.

Ilk BILLY G. LITTLE

Actual school enrollments up from June registration figures

First day. unofficial enrollment figures for the Lakeland community schools are up from the June enrollment total, but less than the projected total enrollment. The figures released by John A. Naab, curriculum total enrollmentsMrom September 1, at 3,145 or an increase of 95 students over the June enrollment of 3,052. Projected enrollments expected 3,223 students or 78 students more than the 3,145 students who attended the first day. A breakdown of the first day enrollment in the grades are. kindergarten. 256; first, 240;

Economic development commission fnr Syracuse

The Syracuse town board last night put its OK on the expenditure of “about $40,000” to make complete repairs to Boston street from Huntington street to the Skinner Ditch bridge and to rebuild and widen the comer of Boston and Main streets. Cost of the bid of Rieth-Riley Construction Co. to complete all of Boston street was $87,755, according to city engineer Jerry Lessig of D H. Lessig Engineers, Inc.. Warsaw, but only $40,650 is available. \ The board voted to excavate, remove asphalt, put in a new base, curbs and gutters and asphalt that portion of Boston street. The town street employees will then blacktop from the bridge to Main street. The action was taken over one objector. Jerry Herbison, who (Continued on page 2) PHIL BEER .

NAMED TO COMMISSION — Mrs. Nemeth is the appointment of Syracuse town board president James C. Tranter to the newly-formed Syracuse Economic Development Commission, and Phil Beer is the appointment of the board as a whole. Mrs. Nemeth will serve a threeyear term and Mr. Beer a two-year term. Recommended for appointment by the county council to Paul Levernier, who. if accepted, will serve a one-year term.

nvk.iuWt ■

NUMBER 33

PHILIP R. PAYNE

second, 228; third, 237; fourth, 195; fifth, 214; and sixth, 239. Junior high pupils who reported last Wednesday numbered 243 in the seventh grade and 260 in the eighth grade. The first day students at Wawasee high school numbered ninth, 268; tenth, 247; eleventh, 232; and twelfth, 244. There were 11 primary special Education students Wednesday, six intermediate special education students. 13 junior high special education students and 12 students attended Cardinal center, Warsaw. Official enrollment figures will be taken September 17 and reported to the state.

■ PAUL LEVERNIER V V LEILANI (Mr*. Jolla) NEMETH