The Mail-Journal, Volume 14, Number 8, Milford, Kosciusko County, 16 March 1977 — Page 2

THE MAILJOCRNW ■

2

Recommendown mod® l?’ nt meetin g

Members of the Syracuse Town Board and Syracuse Plan Commission met Thursday night and heard the tian commission attorney outline his recommendation on possible ways to receive a determination on the jurisdiction of Turkey Creek Township. "There are many unanswered questions which must be answered,” said Jack Lawson, Syracuse Plan Commission attorney. Lawson suggested the plan commission and Kosciusko County Area Plan Commission submit the matter in court for> declaratory judgrttv* the three state acts televise you question. "I canfir should not what you shaded. do,” might be to Aj*#apetition, which must ri'iJped by 20 per cent of the residents eligible to vote in the township and presented to the township trustee. The question would then appear on the ballot in the next general election, some two years away. Some 100 persons attended the meeting, which was moved to the Syracuse Junior High School, and heard the report based on a prima facie summary of the three acts made by Lawson, who read passages of the Burns Statutes, designating state law.. With two lawsuits concerning the question still in court, Lawson outlined two other possibilities. He said a cross-claim could be

filed, asking for a declaratory judgment Or a private citizen from Turkey Creek Township could bring the suit, or the board could initiate the action Lawson commented during the period the jurisdiction is in question, the town board may be open to litigation from individuals. Lawson also said that the practical solution for propertyowners in the township during this period is to obtain permits from both bodies Plan commission president Bill Beemer asked how long such a court judgment would take. If it were filed within 10 days and the court asked to advance the case, due to thp gravity of the situation, and the case was heard in one half day, Lawson said a decision could come in 30 to 45 days. Tranter asked if this was the recommendation of the plan commission and Beemer affirmed it Cost of such litigation was also discussed. Tranter said the township does not budget into the town, which would have to assume the cost of the case “This does create a serious problem to the town," Tranter said Beemer added the township is obligated and would have to assume some responsibility in the matter A two to five-day preparation period by the lawyers would be needed. Lawson said Robert Reed said a couple of thousand dollars would be needed for the initial action Further action, such as an ap-

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peal, would be costlier. "I am concerned about finances," added Betty Dust. Syracuse Clerk-Treasurer. She commented she has been told if the town exercises authority over the township, lawsuits will come. Lawson said the area plan commission does not want to spend money for litigation New Turkey Creek Townsnip Trustee Joe Shewmon said he previously served as trustee from 1971 through 1974, and was never coniulted relative to 7nning Un township. The only —«er he was approached on was finances. He »<w*d that his office represents about 60 per cent of the population. Shewmon asked the joint bodies why. if 16 other county townships have joined the area plan, why this section of the county is exempt from other county townships. Shewmon commented since assuming the trustee duties in January, he has not met with his advisory board. Mrs. Charles Rock, said as a taxpayer, "Why is this job of jurisdiction so enticing to both of these boards'’" It was explained that the two bodies were joined by a previous agreement. She said she would appreciate it if the Syracuse Plan Commission would keep out o f *he matter. She then spoke on several outer local matters and said, “The only thing you're striving for is power," and added that included Beemer

Shewmon asked if the township has been under jurisdiction of the area plan, why appointments have not been made to that body. And he asked if the residents were going to be taxed for the area plan and Syracuse plan both Lawson said there would be no double-taxation. Chet Elder, realtor, said why should he pay for a Syracuse building permit as well as an area plan permit. Loren Knispel asked if it has been established that the area plan act was done properly. Lawson answered that as far as he knows all the proper documents were filed. Lawson was then queried by Elder if he has defined the statute of 1972 on zoning Elder said eight attorneys advised the area plan that it is illegal if they do not take jurisdiction of the township If the township went into the Justice attend decorating confab

Robert and Nancy Justus. Cromwell. Franchise owners and sales consultants at Ligonier Decorating Den of Ligonier, have just returned from the Seventh Annual Decorating Dei Convention in Florida. At the convention, they participated in fashion and interior decorating workshops under the instruction of nationally-known interior designer Gordon Cremers, Minneapolis. Robert and Nancy also heard a speech by Evan Barbara Frances, editor of “1001 Decorating Ideas’’ whose national magazine is featuring Decorating Den’s “shop in your home” concept this month is a special article The American Drapery Consultants of Indianapolis hosted the convention and are also the trainers of Decorating Den consultants: Decorating Den consultants schedule appointments in the home days, evenings and week ends, and will also work wipi builders in co-ordinating the building package

afrea plan, would the town remain uAder the jurisdiction of the Syracuse commission, board member David Nine asked? Lawson said it would. What then happens to the Syracuse, Wawasee and 2.500 feet from contiguous waters. Nine replied? “Ik's an open question/’ Lawson stated. One man stated that he was very much in favor of keeping focal jurisdiction, if the original zoning ordinance were used. Tranter reminded those present the meeting was not for comon the ordinance. Lawson said he has viewed three drafts of the ordinance and several maps to be used with it and neither are practical for the area in a legal perspective. This is not the fault of local persons, Lawson said, but the fault of the consulting firm preparing the material. A man commented that the people against the plan commission are those that have had their feelings hurt over building permits. So. these people believe they can go to the area plan for their permits. After the area plan, “They won’t have any place else to go will they.”

Court —

(Continued from page 1) President Bill Beemer, both sides have indicated there will be private suits, which will be more expensive. Mason said he is filing a federal suit against the town. Tranter said it was too bad the suggestions of annexing and others did not come up several years earlier "I’m not very happy spending the taxpayer’s money to fight their money,” board member Darrell Grisamer said, adding that the town doesn’t seem to have a choice. Tranter agreed with Grisamer that there is no feasible alternative. except more confusion. He added a personal opinion, “I don’t think the town has ever been opposed to growth. But I think what we want to do here is control growth so we know where we re going " The board then made a motion to file jointly with the local plan commission for a judgment, which passed unanimously Reed said the papers will be filed the first of next week. Other Business Trash removal bids Were accepted for one year’s service beginning April 1 from Borden Wasteaway, Goshen. $16,824; Renner Sanitation Service, Ligonier, $15,290; Lakeland Sanitation Service, Warsaw, $18,372. The Renner low bid was endorsed by Grisamer arid approved by the board. Reed said he has received an order from the public service commission, which approved all points submitted by the town. The board authorized the clerktreasurer to file the rate tariffs. Forms from tho Farmer’s Home Administration were adopted by the town, such as a nondiscrimination agreement and equal opportunity agreement. Contracts for H. J. Umbaugh Associates on the water project providing Ujnbaugh payment froi¥» the previous project scrapped after a PSC hearing, and payment for the present project was okayed. Reed said sufficient money is available for the project. Another contract for legal services on the water project with Reed, with a provision for payment of 20 to 25 per cent of the fees from the scrapped project, was also approved. Jim Howard, who inherited two streets in the Wawasee Village, agreed to donate the streets to the town. The board approved the matter, and Reed will file the deeds for one street north of the Calvary United Methodist Church, and one street behindthe church. Bids will be accepted at the next regular board meeting for an addition to the town building of 40 by 60 feet. Reed received authorization to prepare specifications and advertise for bids. I Damages to a car muffler, incurred on Boston Street, were presented to the town. After discussion with Reed, the town board agreed not to honor the claim , Dust asked for and received permission to close out the CETA 11 fund and open a CETA VI fund The first account closes April 1

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Editorial —— You’re Made Us Proud, Warriors'. The Wawasee Warriors, by winning the recent sectional basketball tournament at Triton, and doing so well at the regional at Elkhart Saturday, did more to bring the various and divergent forces in the Lakeland school corporation together than anything we can think of. In fact, you made us all proud to be associated with Wawasee High School as members of the school corporation. Warriors. The 40-odd car caravan that began assembling at North Webster, moving through Syracuse and Milford to head out for Elkhart at mid-morning Saturday was a clear indication of the support behind the Warriors. It's well known by now that the Warriors bowed to a tall, well trained team from Plymouth in the second afternoon game, but not without a very respectable fight. In the .last quarter, for example, our favorite team was ahead, if only briefly. We had no illusions about winning the state tournament this year, but we were proud of how our Warriors played the great game of basketball in both the sectional and regional tourneys. A Matter to be Settled It would appear that the matter of settling which plan commission has jurisdiction over Turkey Creek Township, outside the city of Syracuse, is a matter to be settled in court. It's high time this matter is settled and that the community can return to its more constructive pursuits. The Kosciusko County Area Plan Commission, on Wednesday, March 2, accepted jurisdiction over the part of Turkey Creek Township outside the city of Syracuse, on the request of developers and their attorney Richard Ver Wiebe, who is president of the Association for the Preservation and Protection of Lakes Land and Environment, also known by its acronym APPLE. The developers are Don Byrd, Chet Elder and Jack Mason. Each is developing property in the disputed area outside Syracuse. They and their attorneys claim recent state laws give jurisdiction over the disputed area to the county plan commission. Richard Sands, attorney for the county plan commission, told his client in its March 2 action that there was a likelihood the county has jurisdiction. He gave the body the option to either file for a declaratory judgment or assume jurisdiction. They chose the latter. Jack Lawson of Fort Wayne, attorney for the Syracuse Plan Commission, on the other hand, told his client and others at a Syracuse meeting last week that the law is not clear in this disputed matter. He suggested court action to settle the matter. We happen to agrdh and the sooner the better. The people of Syracuse and Turkey Creek Township have more constructive things to do than continue a battle that can only divide its citizens more.

and the opening of the second one will qualify the town for some services previously provided from CETA 11. A letter from township trustee Joe Shewmon was received by the board, concerning playground equipment at Lakeside Park. The township check will be returned to the trustee and a bill for half the amount will be presented to the township. Town Engineer Jerry Lessig reported that the county council meets March 17 to approve appropriations on the Front Street bridge. Some work is done on the plans. Lessig said, and a starting date on the work will be made after the Thursday meeting. A section of the sewer west of highway 13 will be hooked up sometime this week, Lessig said. The pumping station is supposed to be hooked up, he said. “I would say within 30 days we can hook up most of the village." Lessig said. The southside is scheduled for hook up within one to one and one-half months, Lessig said Stan Insley said the trees in the parking lot behind the post office have dead limbs which need trimming or the trees cut He also said after school speeders have come close to hitting a child on Parkway Drive. Insley said he has the license number of one vehicle he is turning in to the police. The one way sign on Dolan Drive will be moved, as it is not visible. John Nemeth wanted to know if the town has CPR equipment or would the town authorize it. He was referred to Corky Wong. One man said he paid a $35 bill for repair of a city sewer. Board members will check with Harley Conrad, street and water commissioner, on that matter and a fetter from Pat Stidham, who

also had pipes thawed. David Nine reported that the core equipment, which can be maintained for S2O per month, is the heart monitoring and EKG reading to the hospital equipment. He said there is a leaf burning problem at the trailer park, and asked if the town had jurisdiction. Reed said the burning ordinance could be enforced in the park. A new muffler was also installed on the ambulance. Dan Gallmeier reported for the police department that the old misfiring gun was sold for SSO and a new magnum gun was purchased for $132.56. He said a grant has been filed for a base station for $2,937. $147.85 to be the town's share Gas lines will be lowered on Boston Street, Grisamer reported. The east and west

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y TEA RESPOND SECOND TIME — The Milford Volunteer Fire Department responded the second time in two days to a fire call on property owned by Beulah Felkner, approximately one mile south of Milford on old 15, last Friday at 11:45 a.m. A fire broke out in a harvested cornfield on the Felkner property last Thursday at 2:30 p.m. Firemen spent about two hours putting out the fire. The fire began when a burning fence row got out of control. Burning trash began the Friday morning fire, which burned the grass and a corn crib. No estimate of damage was available.

streets in the village were reported to have potholes. Workmen were doing some repair on these streets Tuesday. Building commissioner Al Bauer said he had nothing unusual to report Nine asked if the striper had arrived. Tranter said it is in town and that streets will not be striped until town marshal Ron Robinson marks off the spaces and plans the loading zones. A tentative date of April 1 is set for the completion of striping in the uptown area. Tranter said several park board members will pick up the 15 picnic tables for the parks Thursday. He said the street signs are in and are scheduled to be installed a certain number at a time. Hook's report record sales; earning advances INDIANAPOLIS - Hook Drugs. Inc., has reported record sales for 1976 of $148,090,142. This represents an increase of 11 per cent over the 1975 figure of $133,740,153. according to company president Norman P. Reeves He also announced a 20 cents per share quarterly dividend payable April 29 to stockholders of record April 15. Net earnings were $3,801,219. increasing better than six per cent over $3,571,111 for 1975 operations. Earnings per share were $1.32, compared to $1.24 the previous year. Total dividends paid in 1976 were 80 cents per share, identical to those of the previous year. Prescription volume represented nearly 27 per cent of their total volume. More than seven million prescriptions were filled in 1976. Hook’s opened 13 new drug stores in 1976 in Crown Point, Kokomo, Fort Wayne, Noblesville, Muncie, Rossville, Elwood. Butler. New Castle, Mitchell, and Indianapolis. “Mini-stores” at Riley Center and Weyerbacher Terrace in Indianapolis also were opened. The 15th largest drug store chain in the nation. Hook’s now operates 222 drug stores in Indiana. About 12 to 14 new stores are scheduled to open in 1977. APPLE meeting c APPLE will hold a meeting tonight (Wednesday) at 7:30 in the women’s building, fair grounds, Warsaw. The decision to go nationwide as well as several bills will be discussed. APPLE has decided to expand and plans for a charter are being drawn up. ■

Parked car damaged S 9OO A car parked in Beemer Enterprise parking lot, Pickwick Rd., Syracuse, and owned by Joseph W. Graber of Syracuse

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was struck by an unknown auto on Friday at 10:10 a.m. Also struck was the southeast corner of the ..Beemer building and a maple tree. Graber’s car sustained a total of S9OO damages. The accident is being investigated by the Syracuse police.