The Mail-Journal, Volume 21, Number 48, Milford, Kosciusko County, 12 December 1984 — Page 2
THE M ADJOURN AL—Wed., December 12,1984
2
Agreement reached —
3-day trial in March for final decision in Stuckman case
By DEB PATTERSON 1 Staff Writer ' An agreement was reached between Kosciusko County Board of Zoning Appeals, Papakeechie Protective Association and Ned Stuckman, Bertha Stuckman and Gary Stuckman on Thursday, Dec. 6. However, the matter was set for a three-day trial March 5, 6, and 7 in Kosciusko Circuit Court. A hearing, asking for a preliminary injunction against Stuckman by the plaintiffs, was scheduled for 9:30 a.m. in the circuit court, with Special Judge Douglas B. Morton, Rochester. Approximately 40 witnesses waited I* 2 hours before an announcement was made by the Stuckmans’ attorney, Paul Rafior, stating the hearing was completed for the day. The Stuckmans' had 35 witnesses present on their behalf with five witnesses present for the plaintiffs. Minutes of the court show, that before the commencement of the hearing, parties involved reached an agreement upon preliminary issues. Those involved included the Kosciusko County BZA, represented by Mike Reed , Papakeechie Protective Association represented by Steve Snyder; and the Stuckmans, represented by Rafior The agreement reached is as follows: ’ The Stuckmans’ agree that, pending the final hearing on the matter, any motor vehicle or motor vehicle parts brought into the premises shall be parked or stored on Lots A through E of subdivision two of the plat of Papakeechie, except for the west 200 feet. The Stuckmans will be allowed to sell items, parts and property now located on the remainder of the property, lots F through K, to be removed from said lots The agreement also states the Stuckmans' are allowed to move any items off of lots A through E and off the premises. There will be no effect on their businesses or family, including Stuckman Sanitation Service, also known as Tri-Lakes Sanitation; Stuckman Construction; property rentals; garage and wrecker service; and gravel pit ; and family use. The minutes also states “This shall not constitute any type oL admission by any party or any’J finding of fact, but is entered ibto for the sake of orderly progres sion toward the final hearing in this cause.” The Stuckmans agreed to maintain a log of vehicles taken into the salvage yard, which will be available to the plaintiffs on a 24-hour request to the Stuckmans' attorney The log will describe the vehicle, date received and where placed on lots A through E. Snyder stated Judge had such choices as denying the injunction sought, limit the Stuckmans' use to the area agreed upon or reduce it to a smaller amount. In talking with witnesses on behalf oT the plaintiffs, Snyder commented that on March 1,1975, Ned Stuckman was operating a dump, gravel pit and had one garbage truck. “Anything else there is illegal expansion.” . The plaintiffs are seeking a perminent manditory injunction against Stuckman and to have everything removed from the salvage yard Snyder commented he expects the three-day trial to last longer. Year Case The county BZA originally filed suit against Stuckman on July 27, 1983, and then again on October 6, 1983, concerning the alleged expansion of the salvage operations from the original plat, A through
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K, which is 274 acres. There has been numerous amendments to the case since. Stuckman has a pre-existing non-conforming use of the original plat which was obtained in 1954. The BZA came into existence in 1974. The BZA alleges the expansion has occurred since 1975 and BZA approval is required for expansion. The State Board of Health has been called in numerous times to investigate alleged foul smells eminating from the area where approximately* 150 junk cars are parked. Papakeechie Protective Association’s concern is the odor, that the area is zoned residential, and the value of their (the property owners) will decrease because of the operation.
NIPSCO electricity capacity adequate
“In light of the many real variables affecting Northern Indiana Public Service Company’s electric generation needs, I find that NJPSCO currently has adequate electric generation capabilities,” said John W. Dunn, NIPSCO vice president of electric production, in testimony reviewed Tuesday, Dec. 4, at Public Service Commission of Indiana hearings on electric capacity. “Further, with present construction of new capacity, we will continue to maintain electric generation capabilities throughout the next decade,” he said “Only through utilization of our presently installed and planned capacity can NIPSCO assure a highly reliable supply of electricity to a unique service area. ” The quantitative measurement of NIPSCO’s ability to maintain adequate capacity should be based on ’operating margin,” Dunn said. “The term ‘operating margin’ provides a clearer understanding of a utility’s requirements, especially as it relates to the daily needs for installed capacity,” he said. “The term accounts for some, but by no means all, of the Carnival meeting cancelled The Syracuse-Wawasee Winter Carnival meeting has been cancelled for 6:30 p.m. Monday evening, Dec. 17. Instead, the Syracuse Sesquicentennial meeting will be conducted at 7 p.m., in the Syracuse Scout Cabin. All persons interested in the Sesquicentennial are urged to attend The winter carnival meeting will be rescheduled at a later date. Daycare program Monday Lakeland Daycare Center students provided a program for family members, friends, staff and board of directors Monday evening, Dec. 10, in the St. Andrew's United Methodist Church Fellowship Hall. Approximately 230 persons attended the program which was preceded by a carry-in supper. A surprise visitor, Santa Claus, distributed a gift to each child.
The board of health investigations revealed dumping had been done in that area, around 1974, but no dumping has occurred since. Owner For 30 Years Stuckman has owned the property since 1954 when he purchased the ground for use as a salvage yard since the top soil had been stripped and the land not suitable for agriculture purposes. The salvage yard was started on the northern most area of this property in 1954 and has been used for this purpose since, according to a statement made by Stuckman in an article published in The Mail-Journal on November 2, 1983. The business has been used as Stockman’s livelihood. i\
many variables an individual utility experiences.” Dunn’s testimony indicated NIPSCO’s operating margin peaks at about 14.7 percent in 1986, declines quickly to 9.3 percent in 1988 and to 5.6 percent in 1993. “Two events will significantly impact on NIPSCO’s requirements for generating capacity in the near future,” he said. “First, the firm purchased power contract with Indiana & Michigan Electric Company will terminate in two steps in 1987, and secondly, the likelihood that federal acid rain legislation will be passed mandating the retrofit of sulfur removal equipment on operating electric generating units.” Acid rain legislation will be the single most significant event with the largest impact on electric generation in the next decade, he said. Contingent on the type of legislation, NIPSCO could see a reduction in capacity due to sooner retirement of units and derating of others, Dunn said. Acid rain legislation would also impadt neighboring utilities and industrial customers who own and operate generation equipment of their own, thereby affecting NIPSCO’s ability to serve, he said. “Consideration of the potential impacts of acid rain legislation shows that reliance on a single number as an indicator of NIPSCO’s capacity requirements easily leads to incorrect perceptions and conclusions,” the utility vice president said. “Moreover, the impacts of acid rain legislation show that our customers need each component of the presently installed and planned electric generating system' to insure adequate, dependable and reliable service,” he said.
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New MJ subscribers Francis Vandergrift 169 Chapel Street Fort Myers Beach, Fla. 33931 Paul E. Brewer 42 Millside Court Ossian, Ind. 46777 Ray J. Gans r 3 Box 155 Syracuse, Ind. 46567 Dr. & Mrs. William R. Kopp 2410 West 12th Street Anderson, Ind. 46011 < A.L. McDonald P.O. Box 271 Lake Montezuma, Ariz. 86342 Dr. & Mrs. Jon M. Maier 1001 Northwood Dr. Anderson, Ind. 46011 3 E. H. O’Brien Box 6004 Trailer Estates Bradenton, Fla. 34281 . 1 ■ Joel Robbins r 5 box 450 Syracuse, Ind. 46567 Melvin Zimmerman 4501 Spring Creek Road r 1 box 87 Bonita Springs, Fla. 33923 Robert L. Brindle 7066 E. 14th Street Port Road Brownsville, Texas 78521 Frank E. Kurth 3500 S. Kanner Hwy., #27 Stuart, Fla. 33497 Wade E. Logan r 2 box 45 Syracuse, Ind. 46567 V Dave Speakman r2box 210 Syracuse, Ind. 46567 Gregory M. Weisser P.O. Box 7671 Lancaster, Pa. 17604-7671
Amend zoning ordinance
The Kosciusko County Commissioners, under the authority of Indiana State Law, adopted ordinance 84-7 Monday, Dec. 3, to amend the Kosciusko County Zoning Ordinance. Areas that were admended were the Subdivision Control Ordinance; and the Mobile Home Park Ordinance. They were approved according to
New Year's to the south
In Ecuador the passing of the Old Year is celebrated on Dec. 31. An effigy is dressed like and old man, stuffed with powder and placed in the public square. Just before midnight a funeral procession lead by a weeping young girl dressed as a widow starts toward the square. When the group approaches the effigy, it stops, and the Old Year's last will and testa-
'Citizens' banquet March 29 — Milford 'Jaws Fund' reaches $5,019
By JO STURGIS Staff Writer Members of the Milford Area Development Council met Saturday, Dec. 8, at 9 a.m., for their regular monthly meeting in the Milford Community Building and discussed the JAWS project. As a result of the MAD mailing to area residents for contributions for the JAWS unit, MAD has received a total of _sl,sQ7. This money has been deposited in the JAWS fund at the First Natidnal Bank. Arnold reported a total of
APC considers future growth of Warsqpv
By MARK WEINSTEIN Staff Writer Growth of the City of Warsaw was the main topic for discussion during the Wednesday, Dec. 5. meeting of the Kosciusko County Area Plan Commission. A proposal by Louis Robinson, Warsaw, to rezone approximately 67 acres of agricultural land into a residents! section was denied for the second time in three months. It originally fell in the October meeting. Despite the APC rejection in October, it found its way back to the December meeting because of Richard Helm’s ability to persuade the Kosciusko County Commissioners that the APC never heard all of the facts. Helm is representing Robinson in this matter. This time around, Helm was . not able to persuade the Area Plan Commission like he did with the commissioners. Instead, the Area Plan Commission voted 9-0 to deny the request for rezoning.
the Kosciusko County Code. The legal notice of the adoption appears elsewhere in this issue. The ordinance amendment was adopted by the Kosciusko County Area Plan Commission at its November 7 meeting The new ordinance will become valid Wednesday, Jan. 2.
ment is read. From that many political arguments arise. As the clock strikes twelve the effigy is lit and explodes. All the unpleasant memories of the Old Year are said to be gone with the fire. The group then enjoys fireworks and dancing in the street to symbolize the hopes and aspirations of the New Year.
$5,019 has been contributed toward JAWS to date. Marcy Haab, president, complimented Arnold on the letter he drafted and was pleased with the response the mailing generated. “It speaks well of the community,” said Haab. Don Arnold, MAD treasurer, reported the opening balance for November was $491.18. The ending balance was $455.14. Deposits for the month totaled $1,525.98 and expenses totaled $1,562.02. MAD discussed the mailing they send annually in January for
“This is an area that you need to take a good-long lode at,” insisted Helm towards the APC members. “This tract of land is in the middle of the growth patterns radiating from Warsaw.” The land Robinson was seeking to be rezoned is located on the north side of CR 200 North, west of Fox Farmjtoad. It is just less than two miles outside Warsaw's city limits. Robinson’s purpose for the rezoning request was to place modular homes on the land. In other business at the afternoon session, James Terry Bradford, a resident of the ClaypoolSilver Lake area, requested that his land, which is zoned for light industrial, be turned into an agricultural district. With the board’s approval, Bradford was informed that he must install an access road on the border of his property. The road will joiTP his property with agricultural land. Bradford’s plea for the rezoning took nearly four months for completion. In the final business conducted, Mrs. Helen Shumaker asked the committee to rezone two separate, pieces of land she owns east of Warsaw. 'Die Warsaw resident asked that her 11.74 acres be rezoned from agricultural to residential. This land is located on the north side of US 30 East and threequarters of a mile east of 325 East in Wayne Township. In a related rezoning request, Mrs. Shumaker asked the board to rezone a .64 acre tract of ground from agriculture to light industrial. This strip of land adjoins her larger piece of land. Both requests were approved after a lengthy discussion.
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contributions to the Community Building. MAD also announced the annual repent will be discussed at the next meeting. Eva Hamilton, building administrator, reported she had been contacted by the Milford Town Board. The board does not believe it should be charged rent for using the community building. The group was unsure so Arnold will investigate and report back to the group at the next meeting. - MAD decided on Friday, March 29, as the date for the “Citizen of the Year” banquet.
November weather summary Lores Steury, Goshen College Weather Observer gives us the summary for the weather in the month of November. Normal temperature for November averages 40.1 degrees; November 1984 averaged 40.4 degrees. November first was the warmest day of the month with 66 degrees and the coldest was the 22nd with 17 degrees. Precipitation for November averages 2.41 inches, we received 2.75 inches in the area this year. Accumulation from the period of January 1 to December 1 this year is 34.57 inches, normal average is 31.52 inches. Snow was somewhat abnormal for November 1984 with only a trace; 3.3 inches is the average for November. There were eight clear days in November 1984, 11 partly cloudy, and 11 cloudy.
Quiet burial for — — Freeman, sect leader, who died Saturday
(Continued from page 1) death of 15-year-old Pamela Menne. With the death of Freeman, many people in the area wonder what will happen with the Noble County-based sect. Many feel that medical attention will be allowed, to some degree. Dan Hill, the older associate minister and assistant to Freeman for a number of years, is more agreeable to medical aid than Freeman. Freeman, who was born in 1920 in Ewing, Ky., started the Faith Assembly group in the mid-1970’5. Originally a Baptist, Freeman earned divinity and theology degrees from Southern Baptist Theological Seminary in Louisville, Ky. He later joined the Grace Brethren Church and earned a doctorate degree from Grace Theological Seminary, WiAa Lake. ■ It was one year after receiwig his doctorate from Grace that ne was excommunicated and
The group thought including the ballot in the January MAD mailing worked well last year and decided to continue the practice* this year. Haab and Hamilton are going to prepare the food for the banquet. They will discuss tickets and entertainment at the next meeting and all members are supposed to be thinking about possible entertainment. The next meeting of MAD will be held at 9 a.m. Saturday, Jan. 12, in the Milford Community Building. Interested persons are invited to attend.
dismissed from the school. Freeman is survived by his wife, June, and three daughters, Pamela Hill, Warsaw; Kathy Kinsey, Warsaw; and Becky Freeman, Colorado. Electrical problem at Syracuse home Syracuse Firemen were contacted at 10:01 p.m. Monday evening, Dec. 10, concerning an electrical fire at the Don Current • residence on Waco Drive, Syracuse. There was SIOO damage caused by a bad breaker. When firemen arrived they found two had. breakers. breaker panel and contacted Northern Indiana Public Service , Company to have the electricity > shut off until the owner had an electrician check all circuits in the house.