The Mail-Journal, Volume 21, Number 6, Milford, Kosciusko County, 22 February 1984 — Page 1

Phones: 658-4111 & 457-3666

VOLUME 21

jgll

jSff WnalW figy vivi® jdJEf s wK W 1 vißi

Lawsuit filed to vacate public road

D. Dean Rhoades, president of Worldmark Investment, Inc., and a summer resident of Lake Wawasee. has filed a lawsuit in Kosciusko Circuit Court to vacate a public road following a denial of his petition by the Kosciusko County Commissioners in December. Rhoades owns a home on Ideal Beach Drive off of Waco Drive, along the south shore of Lake Wawasee. The road which he wants vacated is located north of his home and runs from SR 13 to the lake. This portion of the road is used by numerous area residents, the fire department, and various other persons as an access to Lake Wawasee. Richard Helm, Warsaw, attorney for Rhoades, has filed the action challenging the commis-

1983 reviewed; goals set — Ryan speaker for North Webster C of C

Frank Ryan, field representative for community economic development division of the Indiana Department of Commerce, was the guest speaker at the first annual meeting of the North Webster-Tippecanoe Township Chamber of Commerce. The meeting was held Monday evening with S 3 people in attendance. Ryan spoke on numerous items including growth patterns in Northern Indiana and how corporation are locating and/or relocating in the northern part of the state. He also talked about programs available from the state through the Community Economic Development Division. Ryan has been successfully working with the town of Milford under the Indiana Cities and Towns in receiving grants. The ctiamber is currently in the process of joining this group. James L. Salisbury, chamber

The IfailHjoufnal U-» I

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

sioners’ findings in the case. Helm remarked the commissioners decision is incorrect and has failed to satisfy state law governing vacation proceedings. It is felt by Helms that this county road does not automatically mean lake access for the public. The question is to determine if a public street automatically is an access way to the water. Helm stated there is a statute governing the commissioners review of vacation and govern by law for this topic. The statute requires the area: be necessary for continuing growth, limit access to the property though a public way impossible and the vacation would eliminate the public's access to a church, school, or other public building.

president for 1983, gave an annual report on the organization’s first year. He stated much of the first year was spent trying to develop an organization capable of accomplishing its goals and serving its members. From this two priorities were set. The first priority was to develop a committee system to carry out the work of the chamber. A board member would be assigned to each committee to insure a good line of communication. The committee members and the chairman would come from the membership of the chamber. The next priority was to conduct a membership drive. This committee amassed a membership of 93 businesses, manufacturers and individuals to participate. Salisbury also went over the statement of purpose of goals

Begin dredging Felkner Ditch channel As representative for the Waubee Lake Property Owners, William (Bill) Troup obtained the necessary permits from the State of Indiana and the Department, of Natural Resources to dredge the Felkner Ditch chan* nel at the entrance of the Waubee Lake Kettle. Dredging began today (Wednesday). According to Lawrence (Bud) Sawyer, who is pictured performing the necessary work, the ditch picks up silt which fills in the channel and eventually ends up in the kettle. By cleaning out the channel, the silt will settle there instead of running over into the lake.

Steve Snyder, attorney for Sharp’s Landing Association, a group of approximately 27 households in the immediate area without lake frontage or an access to the lake except through this area, stated the association would agree to the vacation if allowed continued access. Snyder along with other individual landowners and Dan Richard, executive director of the Kosciusko County Area Plan Commission, spoke at the December commissioner meeting. During the testimony in December, Richard, on behalf of the APC stated the case was tnexample of a person winning at the expense of others. He added this is one of the few public accesses to the largest natural lake in the state. “For a lake that size

which were established and what was done to accomplish these. The original goals was to consist of businesses, industry and individuals who are civic minded to give of their service experience and leadership to develop and carry-out programs in the promotion of business and civic welfare of the community. The chamber will work towards: promoting retail trade, tourism, unify business, industry and individuals into a strong community force, keep the members and public informed of the activities of the chamber through newsletters and news releases and attract new business and industry suitable to the area. The short term goals included a continuing effort to develop the chamber’s membership; support the Tippecanoe Township Community Pride Beautification Month; develop a brochure to

WEDNESDAY, FEBRUARY 22,1M4

there is very little access.’’ Helm stated at the December meeting that Rhoades would grant an easement to the Syracuse Fire Department, Wawasee Property Owners Association and Sharp’s Association the right to use it as a lake access, but not for use to the general public. No date for the court action has been set. Annual meeting set for ADC The Syracuse-Wawasee Area Development Company will have its annual meeting at 4:30 p.m. Tuesday, Feb. 28. The meeting will be in the board room of the State Bank of Syracuse.

promote the town and township; and assist retail businesses in year-around promotions. The long term goals included the formation of a business and industrial growth committee to conduct a feasibility study on attracting new business and industry compatible with the area; and conduct a community survey to develop an information guide for the town and township. Accomplish meats During the year a membership drive was conducted from March through May in which a total of 93 businesses and individuals became members. A monthly newsletter called “The Chamber Chatter,” was developed in August and mailed to each member. Coverage was received from the local newspapers. • Retail trade was pranoted with an annual Sidewalk Daze in August and Christmas Cash dur-

MAIL-JOURNAL INCREASE EFFECTIVE ON MARCH 7 ... Tbe mdipct^Han ; crease to 115 per year hr in-county subscribers and to fit for o»t-of-codnty The counter sale price will also be increased to 3b cents per copy on March 7. Subscribers wfflMusve until March 7 -to renew their iraharripthinc st te curreM nrte. '■ ' ■ & A jIB k Parsons over the age of w will continue to receive their lb per cent discount on subscriptions. • These increases aredue to a continuing rise in general prodttHSen eost, |teeartftag to Arch Baumgartner, hsaril rfcnhrwan of The Papws fii» corporate*. . . v He tabled that t tresses wffi he absoehetl. |g employing additional reporters to cover a® phases of news and events fa cur circulatton area, and in order to | provide an increasingly better I local newspaper; huaMaHmnmamnmnnmtmnsnunumunnaMatoißaMl

Stray dog owners will be cited Stray dogs were the main topic of discussion at the Syracuse Town Board meeting last night. Police Chief Warren Swartz and Patrolman Bill Selvey told ■rife board that they are fighting a difficult battle to keep stray dogs off the streets. At the present time there is a SSO fine for owners whose dogs are running loose. In order to combat the problem, the board approved the police department’s plan to begin writing citations for dog owners who allow their pets to run loose. In cases where the owner’s identity is known, “we are going to knock on doors, give them a citation and tell them to get their dog,” Selvey said. “That might put a stop to the problem quicker than anything,’’ replied board member Jim Hughes. In other business, a resident of North Kitson Drive requested permission to hook onto the city’s water main located on CR 530E. The request was referred to street, water and wastewater superintendent Joe Dock. Dock informed the resident that she would need to apply for a tap on permit at the clerk-treasurer’s office, but that he sees no obstacles to the hookup. The board also unanimously approved a change in the salary ordinance raising reserve officers' hourly wage from $3.80 to $3.99. The board will hold a special public meeting next Tuesday, Feb. 28, at 7:30 p.m. to discuss plans for the proposed town hall. Representatives of James and Associates architectural firm will be on hand to present a revised schematic design of the structure and to discuss financing options for the project.

ing the Christmas Season, where the cash prizes were spent at participating stores. To promote tourism in the area a brochure is in the final stages with distribution set for March. A minimum of 10,000 copies will be produced with provisions for an additional 10,000 copies subject to obtaining a matching grant from the state division of tourism. Also inquiries have been received on facilities available in the area and answered through the chamber. A community resume is being developed by the Business and Industrial Growth committee. It will contain statistical and general information on the community. In promoting business and industry to the area, letters of support were issued to local (Continued on page 2)

Armed robbery inWebster

A Warsaw man was captured a short time after an armed robbery at Express Quick Service, North Webster, Monday evening. Gerald Edwards Bays, 29, r 9 Warsaw, was charged with armed robbery and theft. Bond was set at $25,000. He remained at the Kosciusko County Jail as of this morning. Kosciusko County Police report Bays allegedly entered the business at 8:47 p.m. and pulled a knife, with an approximate five-inch blade on the female attendant, demanding cash. Officers report the victim may not have been quick enough in handing him the cash, in the excitement Bays grabbed cash from the drawer and fled on foot. As he was fleeing from the business he dropped some of the cash. A customer was entering the station at the time. Bays then ran over to Lamb’s Bakery where a van was being loaded, and the keys left in the ignition. John Lamb, owner of the bakery, saw the truck leaving his business and contacted the police. The van was recovered. County Patrolman Tom Brindle spotted the suspect on CR 925E and followed him for approximately four miles. Reports indicate that Bays stopped the van at one point but then sped off again. Patrolman Brindle fired two shots at the fleeing van, with one shot striking a tire. J By this time Patrolman Sam Whitaker had joined in the chase. Bays left the van and was chased

State Board of Health to investigate junkyard

The Indiana State Board of Health has been called upon to investigate the site of a junkyard and one time landfill located east of Papakeechie Lake on lots A-K of 274 acres of property owned by Stuckman’s Sanitation Service. Executive Director of the Area Plan Commission Dan Richard contacted the State Board of Health after receiving numerous phone calls from neighbors of the site reporting a foul smell eminating from the area where approximately 150 junk cars are parked. Ron Corson, president of the Papakeechie Lake property Owners Association, explained that the odor became quite pungent after the weather warmed up around the 9th or 10th of this month. He stated, “The property owners’ main concern is that the area is zoned residential and it has this foul odor.** The property used as the junkyard site has been under the ownership of Stuckman’s Sanitation since 1954. While located in

i | JNw I jwi > GUEST SPEAKER AND NEW OFFICERS - North Webster-Tippecanoe Township Chamber of Commerce held its first annual meeting Monday evening. During the meeting Frank J. Ryan, field representative community economic development division of the Indiana Department of Commerce, was guest speaker and new officers were appointed. Shewn above are Ryan, Bob Merchant, re-elected as a one-year to three-year director; Jim Salisbury, past president; Charles Lawrence, president; Ed Clayton, and Jean Thomas, new three year directors. Not pictured b Jean Rhodes, a new three-year director. (Pbotoby MikeSkevington)

by the two officers through a muddy field before he was subdued. When he was apprehended the money believed taken in the robbery and the knife believed used were found on his possession.

Charges filed against Syracuse rabbit firm

The Indiana Attorney General’s office has filed suit against Conejo Rex, Inc., Syracuse. The suit was filed in Kosciusko County Court and alleges that the business provided ranchers with diseased animals which were not replaced or purchased back. Also the firm' promised prices for meat and fur on markets that didn’t exist. Attorney General Linley Pearson reported the suit seeks over $14,000 against the firm operated by Richard Moore Klocke, and $15,000 in civil penalties and injunctions against future operations. Conejo Rex, Inc., a rabbit breeding business, promoted the rabbits as breeding stock which could be slaughtered for meat arid fur, however, the animals cannot be slaughtered simultaneously for both uses. Pearson stated Klocke sold rab-

an area zoned residential, the site involving lots A-K of the Stuckman property is exempt from the county ordinance set in 1975, since it was established prior to the county zoning ordinance. Although Stuckman has been quoted as saying that there had been no landfill in the area since 1974, he declined comment at this time. An investigation conducted last year by the State Board of Health revealed that dumping was indeed being done in the area at that time. According to Dan Richard, Stuckman apparently stopped the dumping following the investigation. The Stuckman junkyard is currently the subject of a law suit which names Ned Stuckman, his wife, Bertha Stuckman, and Gary Stuckman as its defendants. The suit was originally filed by the Kosciusko County Board of Zoning Appeals in the Kosciusko Circuit Court on July 27, 1983, and has been ammended several times.

25 c

NUMBERS

Brindle and Whitaker were assisted by County Patrolman Gerry Moser, Indiana State Police Trooper Tom Perzanowski and North Webster Deputy Marshal Michael Janacek.

bits that were inbred and disease-prone. The firm operated in Indiana, Illinois, Michigan and Ohio. Klocke was renting a house in Milford while the business was in operation in Syracuse. Authorities in Ohio have outstanding warrants on Klocke for grand theft, violating Ohio’s purchasers’ protection act and failure to appear in a trial after his arrest on May 4983. He was released -on his own recognizance. The Syracuse Business closed the later part of 1982. It was located on SR 13S near Harris Funeral Home. Klocke charged as much as $3,000 for a buck and three does to start breeding. The Indiana Senate has passed a requiring firms that offer contacts of the sort Conejo Rex used to post at least a $75,000 bond.

The suit charges the Stuckmans with expanding the junkyard operation from the lots named A-K which are excempt from the 1975 zoning rule to other adjoining lots to the north of the area. The original excempted area is not being challeged in the law suit. Interrogatories concerning the case are being filed by Dan Richard and the Board of Zoning Appeals attorney Max Reed, in order to answer questions asked about the case by the Stuckmans’ attorney. Further documentation in the case will be gained by Paul Refior, the Stuckman attorney, during the deposition he has requested in the case. Refior will ask questions of Richard and others involved in the case in front of a Kosciusko Circuit Court reporter. To date the State Board of Health has not been to the site to investigate the intense odor, but is expected to investigate in the near future.