The Mail-Journal, Volume 21, Number 38, Milford, Kosciusko County, 3 October 1984 — Page 2
THE MAIL-JOURNAL — Wed., October 3,1984
2
In Elkhart court — Jack Mason answers non-compliance charge
(Continued from page 1) Mason stated that every judge ruled in his favor after the facts were presented, which included the permit issued Mason by the DNR on January 14, 1977. Mason even stated he had a permit from the Army Corps of Engineers to do the dredging. Special Jlidge Hack ruled that since the permit was issued, Mason did not exceed the scope of the permit. An appeal to the decision was made by the DNR and the State Appellate Court, according to Mason, said he had dug a channel, and ordered the decision to be reversed. Shortly after this decision Hack discontinued practicing law and moved to Illinois. The Supreme Court then appointed Elkhart attorney, Mary E. Davis in 1982 who has been on the case since. Mrs. Davis stated the appellete court issued its opinion that every decision prior to the September 29, 1982. hearing was overruled. She had said the supreme court had told her she had to rule in favor of the DNR and she was doing what she was told. How It Began A motion filed by the attorney general’s office on behalf of the DNR on March 3.1980, was found to have the complete substance of the case. On September 6, 1977. Mason was causing a drag line to dredge the bottom of the lake adjacent to the property The path along the lake bed was perpendicular, to a line along which any foundation for a seawall would be laid. The DNR stated the excavation extended 20 to 30 feet from the shoreline and extended the entire length of the property. The dredging caused peat and organic material to be removed from the lakebed and was deposited outside the lake on the adjacent shoreline owned by Mason. The motion further stated Mason, claiming the excavation was done in Connection with a seawall construction, admitted dredging so far out and down to the hardpan to prevent organic material from washing back into the area where the seawall would be constructed at a future time. The peat and organic material removed provided a basis for a wetland that existed in that portion of the lake adjacent to the property. The wetland area was one of the few remaining on the lake and provided important ecological functions Those functions included wildlife habitat, water filtering, water cooling, fish spawning and brooding, removal of nutrients causing seaweed and algae blooms and filter sediment. The document also stated that aerial photos showed the wetlands had not regenerated and would not unless the natural bottom material and depth were restored. DNR officials were recorded as saying the department has successfully restored other damaged wetlands with peat or muck material. DNR officials stated it would take 1,000 cubic yards of peat or muck to restore the area. It was ordered at that time that the DNR locate the sources of organic peat or muck and inform Mason of the location. Mason was ordered to restore the material bringing the depth of the water back 31 inches within 120 days. The judge also ordered that Mason may apply to the court for a stay of order pending construction of a seawall project in the event Mason desired to complete the seawall and the restoration of the lakebed and completion of the seawall be accomplished simultaneously. Mason's permit from the DNR stated he could construct a concrete seawall along the legally established shoreline and located approximately 290 feet of the frontage of the property. The permit also said that all excavated material was to be placed above the shoreline on the property or hauled away from the lake. It did not prohibit the excavation of the lakebed 20 feet from the shoreline. Mason stated he followed the permit's instructions and hauled the material away from the site. He also mentioned the approximately 100 yards of material was taken in the dredging and that the dredging did not occur more than 12 feet from the shoreline, which Mason owned and had paid taxes on. Mason stated he is not going to pollute the will not put the fill in until the DNR complies with the requirements of the Army Corps of Engineers. The re- - ,1
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quirements include a public notice of a public hearing, water quality certificate to be issued and a certificate from the Environmental Protection Agency that the material being put in the water is not a pollutant. Mason commented he has seen none of these items. The Army Corps of Engineers wrote a letter to Jim Hebenstreit, assistant branch head with the Department of Water in the DNR, dated December 14,1981. The letter from C. S. Thompson, Jr., LTC, Corps of Engineers, stated the engineers are familiar with the activities between the DNR and Mason since June of 1976 and deferred to the DNR in the prosecution of the case and its appeal in state courts. The letter further read that the activities that Mason will be required to undertake as a result of the decision, will result in a discharge of fill material into the lake and as such would normally require a Corps of Engineers permit. “I request that you coordinate any such restoration with members of my staff prior to its commencement so that we can be sure the work will be carried out in accordance with our requirements."
New MJ subscribers David Bowman University of LaVerne 1950 3rd St. Box 329 LaVerne, Calif. 91750 LaGrange Monument Works R 3 Box 27 LaGrange, Ind. 46761 Al Lamley 72 Hickory Lane Tavares, Fla. 32778 Vic Overman 617 South Grant St. Brownsburg, Ind. 46112 Myra Ruch P.O. Box 1041 St. Joseph College Collegeville, Ind. 47978 Scott Galloway 8008 Military Parkway Apt. 224 Dallas, Texas 75227 Ta my Noel Box 261 Earhart Hall West Lafayette, Ind. 47906 Freda Rinker 4902 N. Macdill Apt. 1319 Tampa, Fla. 33614
T NAMED LCB BRANCH MANAGER — Janet Anderson has been named manager of Lake City Bank’s West Lake office. Mrs. Anderson came to Lake City Bank in 1981 and has been employed as a loan officer in the consumer loan department. She is a member of the National Association of Banking Women, Milford Boosters Club and Dana Couples Bowling League. She and her husband Berger are the parents of three daughters and reside at r 5 Syracuse. Change North Webster board meeting time North Webster ClerkTreasurer Eve Payne has announced that the regularly scheduled meeting of the North Webster Town Board on Wednesday, Oct. 10, has been changed to Wednesday, Oct. 17, at 7 p.m. in the town hall.
y * s ' ■ Usßl K JHBB B.\ SOIL SAMPLES TAKEN — Officials from the Indiana Department of Natural Resources and the attorney general’s office were in the area last Wednesday taking soil samples on the property formerly owned by John (“Jack”) Mason. Venetian Island, Lake Wawasee. The property is currently owned by Glen Baker, Lake Wawasee. Mike Schaefer, deputy attorney general, stated soil samples were being taken on the property in anticipation of Mason’s defenses at the court hearing yesterday (Tuesday). Schaefer stated Mason had failed to comply with a court restoration order after he dug out the lake bed from the shoreline without DNR approval. Shown in the photo taking soil samples are DNR soil experts Noel Anderson and David Lafforge. Watching them are DNR officials Dick Wenning and Ken Smith, along with Conservation Officer Dave Anderson and Schaefer. (Photo by Deb Patterson) ... Gov. Orr hails drop in unemployment in Indiana
Gov. Bob Orr hailed today’s announcement of a drop in Indiana's unemployment rate to 7.5 percent as “proof positive” that the Orr/Mutz economic development programs are working. “As of August, we had nearly 144,000 more Hoosiers at work than when Lt. Gov. John Mutz and I took office in January 1981,”said Orr. “This number continues to grow as economic recovery and the state’s aggressive jobs creation programs take hold in Indiana.” “The fact that Indiana’s unemployment rate is the only one in the Great Lakes region keeping up with the national recovery makes our state an island of prosperity,” the governor said. Indiana's statewide unemployment rate, seasonally adjusted, fell significantly from 8.0 percent in July to 7.5 percent in August, the Employment Security Division The national unemployment rate in August was also 7.5 percent. Tom Miller, director of the division, said unemployment declined markedly from 216,900 in July to 192,700 in August. The decrease was approximately twice the normal amount for the period. The number of unemployed was below 200,000 for the first time since November 1979. Miller said that while unemployment decreased below seasonal trends, employment increased by 6,000 when typically a small loss is recorded in August. The estimated number of 2,459,500 employed during August 1984 was the highest since December 1979. Indiana has been propelled into first place among the states in government support for small business according to Inc. Magazine’s latest ratings of small business climates. Indiana ranked 20th overall in environment for small companies when other factors such as capital resources, labor, business activity and taxes were considered. In the five categories, Indiana placed in the top ten in two: state support (first) and taxes (fourth). Earlier this year, the Alexander Grant study of manufacturing climates ranked Indiana fourth best in the nation in those state-controlled factors which contribute to a good business environment. Under a heading titled “Indiana Wants You," the magazine gave the state a gold-star rating for its efforts to create a better environment for smaller companies. Among Indiana’s neighbors, only Illinois scored higher in the overall ranking. They place higher overall because they score higher in the capital resources category, due largely to the large banks in Chicago. Indiana scores high in the nonbank parts of the capital resources category, pointing up the need to revamp the banking structure in this state. The laws governing the banking industry in Indiana must be changed to allow the banking industry to support the state’s economic growth. Included in the numerous initiatives Indiana has taken to develop small business are : • The Corporation for Innovation Development (CID), a private, not-for-profit venture
capital source for innovative, high risk business. Capitalized at $lO million, the CID has begun ''making investments in Indiana companies, either directly or through Small Business Investment Companies (SBICs). • The Institute for New Business Ventures, created by the 1983 General Assembly to provide training and technical expertise for entrepeneurs exploring new investment opportunities. • The Corporation for Science and Technology, established with an initial S2O million to fund applied research. • Employment of a full-time DONALD P. SHELINE Sheline is elected SWCD vice chairman Donald P. Sheline. chairman of the Elkhart County Soil and Water Conservation District (SWCD), has been elected vice chairman of the newly reorganized Area 1 of the Indiana State Association of Soil and Water Conservation Districts for 1985 at the reorganizational meeting on September 18 at St. Peter s Catholic Church in Winamac. Sheline was chairman of Area II in 1982 and 1983 and has served on the Elkhart County SWCD board for seven years. Other officers who will begin their terms following the State Annual Conference on November 27 and 28 are Chairman Jerry Frey, chairman of the Carroll County SWCD and past vice chairman of Area 111, and secretary/treasurer Howard Conners, who is also secretary/treasurer of the Pulaski County SWCD. Two major projects planned for Area I in 1985 are a supervisors’ workshop on March 7 and an area conservation tour in July. The State Association of Soil and Water Conservation Districts has re-organized from seven to five areas in 1985 to coincide with the change in the Soil Conservation Service (SCS). SCS is a branch of the United States Department of Agriculture and provides technical assistance in all conservation districts in the nation. Area I has been expanded from the original 13 counties of Lake, Porter, LaPorte, St. Joseph, Newton, Jasper, Starke, Marshall, Pulaski, Fulton, Benton, White, and Cass to include Elkhart and Kosciusko from the firmer Area II and Carroll, Warren, Tippecanoe and Clinton, which were in Area 111.
ombudsmen within the Department of Commerce to assist businesses in obtaining government-required permits and licenses and in dealing with government regulators. • Establishment of legislative committees to address small business concerns. • Efforts to increase state government purchases from minority enterprises. • Sponsoring a series of regional conferences this past year for small businesses. The statewide conference is scheduled for Nov. 19 and 20 at the Indianapolis Convention Center Holiday schedule for post offices Post offices in the Lakeland area will be operating on a holiday schedule for Columbus Day, Monday, Oct. 8. This will affect the Syracuse, Milford, North Webster and Leesburg Post Offices. Regular residential and business deliveries will not be made and usual post office lobby services will not be available. U.A.W. Retirees meet at Deer Lake U.A.W. Retirees of Local 1405 met at Deer Lake Sept. 26 for their monthly meeting. They had a wiener roast. There were seven retirees and four guests present. Dixie Kehr was thehostess for the evening. Clyde Johnston won the prize for guessing the number of jelly beans in a jar. The next meeting will be Oct. 24 at Saint Martin DePorres Church, Syracuse, for a carry-in dinner.
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Bankers attend conference John Elliott, Vice President, and Neil Donahoe, First National Bank of Warsaw, Warsaw, Indiana attended the Harris Trust & Savings Bank’s 20th Annual Investment Outlook Conference in Chicago. The September 20 and 21 conference, attended by 200 bank trust department’s investment officers from all over the country, was sponsored by Harris Bank’s Institutional Investment Service. Featured in the program were investment overviews for key economic sectors and industries, as well as common stock and fixed income investmentstrategy. Dr. Robert J. Genetski, vice president and chief economist at Harris Trust & Savings Bank, said that the underpinnings of the U.S. recovery remained strong. Lower tax rates have restored productivity increases and placed the economy on the road toward prosperity. Although temporary mistakes in monetary policy may slow the recovery this fall, the economy will continue to perform well through the upcoming year. Interest rates are not likely to change dramatically in the year ahead. Although rates appear unusually high, appearances can be deceptive. Exceptions of inflation account for 5 to 6 percentage points and the high tax structure adds an additional 4 to 5 percentage points to today’s rates. What remains — the real after-tax interest rate — is no higher today than in the 19605. In order for rates to move significantly higher or lower, there would have to be a significant change in either expected inflation or expected taxes. Although there are some potential problems ahead for the U.S. economy, there are tentative signs that the best is yet to come. Recent developments suggest that the odds of a further reduction in tax rates and government spending have improved. Such developments, if they occur, would usher in a new wave of prosperity for the late 1980 s. Deadline for voter registration Kosciusko. County Clerk Jean Messmore reminds residents that the deadline to register or transfer registration, for the November-election, is Tuesday, Oct. 9. The clerk’s office in the Justice Building, Warsaw, will be open Monday through Thursday, 8 a m. to 4 p.m., and Friday from 8 a.m. to 6 p.m.
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October weather variable Looking forward to those beautiful October skies? Lores Steury, Goshen College weather observer, tells us about those . variable and sometimes beautiful October temperatures. The 10th month of ,the year holds a recorded average temperature of 53 degrees. The warmest October was in 1947 with an average of 60.1 degrees and a very unruly October in 1925 had only 44.3 degrees as its average. Melted pumpkins were noted on October 8, 1939, when the temperature reached 90 degrees making it the warmest October in the area’s records. It was frost on the goblins one Halloween in 1925 when the temperature dipped to 16 degrees, making that 31st the coldest on record. Some treat! Average October precipitation is 2.83 inches but its been as wet as 10.96 in 1954 and as dry as .51 in 1963. Snow likes to fall at an average of .36 inches in October, though sometimes it gets out of hand and dumps 8.6 inches, as it did in 1962.
K W I v jMi IM < : B - i / X * B I r' • ■‘ ™ | PAVILION DONATION — The Syracuse Park Pavilion Committee recently received a SSOO donation, from a donor who wishes to remain unknown. The idea of a homespun pavilion in which picnickers may be sheltered from the elements has found the support of this Lakeland community. The response from the general public and the business community has been most generous and heartwarming, bringing the funds raised very close to the halfway mark of the SIO,OOO goal. Pictured are Diana Walker and Allan Kitson of the park board. (Photo by Kip Schumm)
NIPSCO files to reduce adjustment
Northern Indiana Public Service Company filed a petition with the Public Service Commission of Indiana Wednesday, Sept. 26, which would reduce a previously requested pass on of increased purchased power costs. NIPSCO, on August 20, requested permission to pass on to its customers $11,317,088 million of annual increases in wholesale purchased power costs resulting from higher rates to be charged NIPSCO by Indiana & Michigan Electric Company. The reduced charges result
from a revised wholesale electric rate increase petition I&M filed with the Federal Energy Regulatory Commission on September 21, which reduced the previously field increase to $8,231,058. As a result of the revised adjustment, a NIPSCO residential customer using 500 kilowatthours of electricity a month would pay about Slcentsa month more for service of tffe 43-cents-a-month increase indicated in the petition filed August 20. The new rates would become effective October 8.