The Mail-Journal, Volume 21, Number 40, Milford, Kosciusko County, 17 October 1984 — Page 2

THE MAIL-JOURNAL — Wed., October 17,1984

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COMPLIES WITH COURT ORDER — Carl Fred of Firestone Construction, Syracuse, on behalf of John (“Jack”) C. Mason. Syracuse, levels off approximately 250 cubic yards of the 1,000 cubic yards ordered to be replaced along the shoreline of property formerly owned by Mason on Venetian Island, Lake Wawasee. The property now belongs to Glen A. Baker, Ogden Island, Lake Wawasee. On Tuesday. Oct. 2. Mason was ordered by Elkhart Circuit Court Special Judge Mary E. Davis to replace 1,000 cubic yards of organic peat or muck into the lakebed following a drawn out court battle between the Department of Natural Resources and Mason. At least 250 cubic yards of the material was brought onto the property Thursday and Friday and was leveled off and pushed into the lake at the shoreline. On hand to oversee the project was Ken Smith, head of recommendations unit of the DNR's division of Water and Michael Saffen, conservation officer. (Photo by Deb Patterson)

Baker moves to stop restoration of organic peat in Lake Wawasee

A wrench was thrown into the works last week when John (“Jack”) C. Mason tried to comply with a court order to restore 1,000 cubic yards of organic peat or muck into Lake Wawasee at the shoreline on Venetian Island. Mason was ordered on October 2 to restore 1,000 cubic yards of organic peat and muck to the shoreline of the property formerly owned by Mason He was given approval to use the 250 cubic yards of material located on his property, said to have been the original material dredged from the lakebed and the Department of Natural Resources was to locate, within Kosciusko County, the remaining yardas? and notify Mason of its location Ken Smith, head of recommendations unit in the Division of Water for the DNR. stated Friday while at the sight, that Mason showed the DNR Thursday additional material on his property in Syracuse and approval was given for this to be used. Approximately 250 cubic yards was hauled to the sight Thursday before a wrench was thrown Glen Baker, who foreclosed on the property within the past several years, requested after he thought 250 cubic yards was brought in, that material stop being brought in Smith stated the matter will be discussed with the DNR’s attorneys before everything is settled. Carl Freel, of Firestohe Construction, Syracuse, bulldozed and graded the material Friday morning and stated with the first good rain the material will settle back into the lakebed o Depreciate Value Baker commented he asked for the hauling of material to be stopped at 250 cubic yards because that was all that was taken out. He stated this was verified by the contractor who did the original dredging in 1977 ‘‘By putting more in. it depreciates the value of the property,” remarked Baker adding the court’s order “directly affects me.” “Until such time as I receive a court order I won’t allow them to cross my property and will also not allow any more fill to be put in than was taken out.” Baker estimated it costs approximately $3,000 to have the 1,000 cubic yards put back along the shoreline. “In my opinion it devaluates the property five to six times as much.” He added he doesn’t think much of a man who does not stand up for his rights His final comment was that the court and DNR "made mgsuffer for something Jack did, i don’t think that’s right.” , Trespassing/Threats A problem of trespassing on private property and threats against a person's life have also come about. The property in question is at the tip of the island and is only accessible by boat or with permission of the other property owner, Blanch Mason. Mrs. Mason owns the back half of the island connecting it to the mainland. Kosciusko County Sheriff Al Rovenstine stated he has been contacted several times by Mrs. Mason advising him of people on her property and of a statement in the court order which stated no one was allowed on her property without permission. Sheriff Rovenstine stated until he has a duplicate of the court order his hands are tied. “I have no knowledge of what is going on.” It has been reported that a copy of the court order is being provided for the sheriffs department. Mason reported that he received a life threatening telephone call which was reported to the Indiana State Police. State Police Detective Neil Graves confirmed the report had been officially made. Answers Questions Smith answered several ques-

tions concerning the 1,000 cubic yards and the Army Corps of Engineers requirements for fill being placed into the lakebed. DNR staft employees made an estimate, by boat, in the water with sonar equipment to determine the width, depth and length of material taken from the lakebed in 1977 Their findings were found appropriate by the court. Mason contends, as does the contractor, that only 250 cubic yards were dredged, not 1,000 cubic yards.

Syracuse hires collection agency to collect *17,389 in EMS fees

(Continued from page 1) of Syracuse. Robert Reed, town attorney, said leaves can be burned from sun-up. to sun-down. Again, Dock asked for the press’s assistance in informing residents not to burn leaves on asphalt surfaces. This severly damages the asphalt, he reported. The last item Dock brought before the board was the suggestion to secure bids for a one-ton dump truck, scheduled to be purchased this year. Bids will be advertised and brought before the board at the November meeting. The board approved the purchase of the analytical balance and approved the securing of bids for a new dump truck. Police Matters Warren Swartz, police chief, said the force is still working on the homocide and two arsons, which are unsolved. “As of Sunday, 1,800 man-hours had been spent on the homocide,*’' said Swartz. Swartz also asked the boaird’s permission to secure bids for a new police car. The oldest car is a 1982 and has over 86,000 miles on it. Lewis attested that the car has had many major repairs totaling of dollars. Swartz reported he checked with the post office about erecting street signs and putting numbers on all the houses in town. Swartz cited several streets which have no sign. He said he plans to contact the post office again to see what can be worked out. The board unanimously approved the securing of bids for a new police car. The bids will be received at the November regular meeting Discussion By Board Members Jennifer Lewis reported she received a letter from Stuart C. Miller regarding the open dump along SR 13, behind Cocinero’s Restaurant. Miller said an inspector will inspect the dump in the near future and if it is in violation of the open dump regulations, he will take proper action. Swartz then announced that the dump had been cleaned up. He said the ground was at least level now and there was no debris laying around. Lewis inquired about the possibility of investing money from some of the town's funds. “The cumulative fire fund has $6,000, the revenue sharing has $15,000 and the local roads and streets has $9,000 which Lewis would like to invest. The board unanimously voted to allow Lewis to invest the money from these funds. Myrick stated it was time to secure garbage and trash collection bids to be considered at the November meeting. The board set Halloween trick-or-treat night for Wednesday evening, Oct. 31, from 6-8 p.m. Myrick said this coincides with all the surrounding town’s trick-or-treat times. Myrick said he received a call from a gentleman wanting to know if he owed an ambulance bill or not. Someone called an ambulance for the gentleman over the July 4 holiday. The gentleman refused treatment and signed a

A letter dated December 14, 1981, from the Army Corps of Engineers stated it would go along with the DNR’s action against Mason, however, that any restoration of materials would need to be coordinated with the Army Corps, so that all work would be carried out in accordance with the Corps requirements. No public hearing, or notice was given as were no water quality certificates or a (Continued on page 3)

release stating such. Then, he received a bill for $45. The board decided the ambulance policy should be brought before the board at the November meeting. “I think it’s a question of how you charge when an ambulance goes out on a call,” said Joe Morganthaler, board member. The board unanimously approved a policy stating that no private property may be stored on town property. A lot of the lake owners store their piers and bath houses on town property. One exception to the rule was stated; that being the town has the right to store town property on town property. If such private property is not removed within 10 days, it will be removed by the town at the owner's expense. Myrick appointed Joe Dock as chairman and Warren Swartz and Jennifer Lewis as committee members to research insurance policies for the town’s full-time employees and their dependents. The town added a $20,000 insurance allowance in the 1985 budget. The board approved the Anchor Bar’s request to add a storm door to the front of the building. The door will come out into the street 18 inches. The board tfien adjourned. . New MJ subscribers Leisa Cromer Martin Manor North 7933-A Blue Jay Lane Indianapolis, Ind. 46260 Royce Biller r 2 box 101 o Milford, Ind. 46542 Helen B. Clemens r 3 box 326 Syracuse. Ind. 46567 Gary Daffron 583 Rumpelstiltzkin Dr. Enchanted Hills Cromwell. Ind. 46732 . Mary Hinkle 1415 22nd Avenue Dr. West Bradenton, Fla. 33565 AB Michael Pruitt PSC #6 Box 18657 Shepherd, AFB, ‘ Texas 76311-5392 R. A. Ruddell 8736 Coventry Road Indianapolis, Ind. 46266 William Rumsey 318 N. Harrison Syracuse, Ind >46567 Morgan D. Sloan P.O. Box 275 Johannesburg, Calif. 93528 Dee Stump Box 587 Olivet College Olivet, Mich. 49676 Mark Walker 268 Wolcott Crawfordsvile, Ind. 47933

BZA says 'yes' to camp, 'no' to new apartment

(Continued from page 1) • Randy Sindelar’s variance request for a garage 10 feet from the side property line. The property is located on the north side of CR 500 N, east of CR 850E in Tippecanoe Township. • An elevated deck for Robert and Nancy Meyers 10 feet from water’s edge. The property is located on the east side of Warner Road, north of CR 1050 N in Turkey Creek Township. • A special exception to change a flower shop into an auto body

MAD gets a financial boost from Lions, BBQ

(Continued from page 1) community must operate as a total unit on the project; to gain the funds needed to buy the JAWS unit.” The last item of business reported to the group was that the Senior Citizens group has increased their fee to the community building above the fee charged

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shop on the west side of, SR 13, south of CR 500 N, by Gerry Wilson. e A variance for a pole barn on residential property for Darrell Custer. It is to be constructed on the north side of Section Street Extension, west of Elm Street, in Milford. • John and Teresa Ward’s variance which would permit the construction of a garage 46 feet off the road right of way. The property is located on the south side of Hiner Road, west of CR 950E, in Tippecanoe Township.

to them. The group is contributing the extra money to the building. The next meeting of the Milford Area Development Council will be held at 9 a.m. Saturday, Nov. 10, in the Milford Community Building. Interested persons are invited to attend.

Fall colors Lores Steury, Goshen College weather observer, passes on this information about fall color. Warm sunny days with night temperatures below 45 degrees, good soil condition and moderate levels of nutrients are necessary to produce good fall color. As day length shortens in the fall, chlorophyll production slows down leaving only yellow or red pigments in the leaves. Poor color is caused by too much shade, cold day time temperatures or too many cloudy, rainy days. The Indiana Department of natural Resources has a hot line people can call to find out the peak periods for color in the state. Call 317-232-4002. Warfare continues BEIRUT, LEBANON - Moslem and Christian militias bombarded residential areas across Beirut, killing 18 people and wounding 94 in the worst outbreak of civil war since the collapse of peace talks in Switzerland recently.

Ohlwine changes plea to guilty in Young murder

The man police believed to be the person responsible for the murder of Malinda Ann Young, a Wawasee High School sophomore, changed his innocent by reason of insanity plea to guilty but mentally ill Tuesday, Oct. 16, in Kosciusko Circuit Court. Curtis Eugene Ohlwine, 19, North Webster, told Judge Richard Sand of his change while displaying very little emotion. Sand set a sentencing date for Tuesday, Nov. 13, at 8:30 a.m. Ohlwine could he sentenced between 30 to 60 years in prison, and fined up to SIO,OOO. The fixed term for murder is 40 years with an additional 20 years added for aggravating circumstances. > By entering his guilty but mentally ill plea, Ohlwine is essentially entering a guilty plea. According to a statement from Vern Landis, Ohlwine’s courtappointed attorney, the plea will be handled just as if it was a guilty plea. The only difference is that he will receive treatment and counseling while in prison. The body of Miss Young was found along a Webster Lake seawall on Sunday, March 25. She had been shot three times in the

head and once in the chest. A fifth shot apparently missed. According to police records, Ohlwine said that he had arranged a meeting between the two in the home of Kenneth Sowers, located east of North Webster cemetery, the night of the murder. He then shot the victim in two separate incidents. In Ohlwine’s statement to police, he said he walked into the Sowers home with a loaded .38 caliber handgun. While walking through the living room, the girl popped up behind a counter in the kitchen, startling him. He fired two shots and then left the home. He later returned to more times at the victim before dragging her body outside and dumping her over the seawall. Soviet earthquake MOSCOW — The earthquake that rocked a 500-mile-long path of Soviet central Asia smashed supposedly quake-proof apartments, destroying homes and injuring more than 100 people in one town, according to Soviet television reports recently.