The Mail-Journal, Volume 22, Number 10, Milford, Kosciusko County, 6 March 1985 — Page 1

Phones: 658-4111 & 457-3666

VOLUME 22

ft s • ft* „ . Mr I ~ J ; JF™L I 4 L> r#*D & ’ i yi *_/*“ *3fl AM KL 1 K»*m 'iImCSSU IF r \ 5 jS I * *• ■■

MONDAY ACCIDENT SCENE — This is the scene of the car-truck accident at 3:39 p.m. Monday at the corner of SR 13 and County Road 1200 N (Bowser Road) where a Frost TV and Antenna Service truck rammed a Ford compact driven by Dawn Smith, 19, of r 3 Syracuse. Matt Brandenberg, 17, r 2 Leesburg, was cited for failure to yield-the-right-of-way following the two-vehicle personal injury mishap. Miss Smith sustained a puncture wound to the back side of her left thigh and was transported to Goshen Hospital after being extracted from the vehicle. Syracuse Fire Department used the JAWS equipment to free the woman. Kosciusko County Patrolman Steve Knispel reported Brandenberg stated he was westbound on CR 1200 N and stopped for

Syracuse Town Hall lease approved

ByGLEN LONG Staff Writer The Syracuse Town Board, at a public hearing on Tuesday, March 5, voted unanimously to approve the lease submitted to the Town Board of Syracuse by Syracuse Town Hall Building Corporation. The agreememt specifies the erection and leasing of a new town hall to the Town Board of Syracuse. The terms of the lease, including costs, having been published in February, were mentioned only .briefly by Town Attorney Robert Reed for the benefit of any interested persons present. There being no visitors

Trial begins on charges of non-conforming use

By DEE JAYNES Staff Writer Calling the allegations made against his clients, Ned, Bertha and Gary Stuckman, in a suit filed by the Kosciusko County Board of Zoning Appeals and the Lake Papakeechie Protective Association, “outrageous and untrue,” attorney Paul Refior, answered the opening remarks of Protective Association attorney, Stephen Snyder. The first day of an expected three days of testimony began before special Federal Judge Douglas Morton of Fulton County Tuesday morning in Kosciusko Circuit Court. The suit stems from charges that the nonconforming use exemption granted to the Stuckmans has been violated by expansion of the facility beyond it’s “original structure and dimensions.” Refior said in his opening remarks that the salvage operation has been a “family-run operation since the fifties,” and added that the Stuckmans have always operated a “combination salvage yard,” with the second part of the business being automobiles and auto parts. According to Refior, the automobiles now in rows on lots A, B, and C, have only become visible recently — previously hidden from view by deiise vegetation. He alleges the Stuckmans have a legal, pre-existing, nonconforming use, since these types of items were in evidence on the property owned by the Stuckmans prior to March 1,1975, the date of the BZA ordinance. Snyder asked the court for a separation of witnesses, granted

The WailWournal r r"

Consolidation of THE MILFORD MAIL (Est. 1888) and THE SYR ACUSE-WAWASEE JOURNAL (Est. 1907)

to question the lease or speak on the subject, the board proceeded to vote its approval. Perry Glancy, representative of Midwest Educational Services, answered a previous question by stating that the town board would not owe penalties if it should pay off the lease early. Other Business In other business, Carl Myrick, president, informed the board that the 10-month lease on the present town hall building will end on March 31. After some discussion of the November 1 scheduled completion date on the new town hall, the board members agreed they should propose another 10-month lease to the lessor at the price and terms of the present lease. This will

by Judge Morton, and all persons expecting to testify in the matter were asked to wait in the hallway and told not to discuss the case. Allowed to remain in the courtroom were Association President Ron Corson, Kosciusko County Plan Commission director Dan Richards and Ned, Bertha and Gary Stuckman. Richards, Plan Commission director since July, 1977, was the first witness called by Snyder. He testified that although he had never “actually counted” the number of cars on the Stuckman property, “there were times when I drove by a year and a half ago that there were not as many cars as today.” When asked by Snyder to estimate the increase, Richards said “from about 12 then to a couple of hundred back there now.” Under cross-examination, Richards was asked by Refior if he had ever visited the Stuckman property in the company of anyone else. He answered that he had visited the property once, about a year ago, with TimesUnion reporter Gary Lewis. “He rode along with me,” Richards said. “There were a number of sites we visited that day and this was one of them.” During other testimony, Richards said he had observed the property on “almost a monthly basis’’ since the notice of violation had been made and that, in his opinion, the only legal, pre-existing non-conforming use of the property was the sanitation business. Charles Brouwer, Kosciusko County Surveyor, was the next witness to take the stand for the plaintiffs. Copies of aerial photographs taken in August, 1965, spring of 1974, and spring, 1981, sparked a series of motions

the stop sign at SR 13. he reportedly did not see approaching vehicles and proceeded west across the highway when his vehicle struck the Smith auto. Miss Smith commented she was southbound on SR 13 and remembers seeing the vehicle and then the impact. Skid marks indicated the Smith auto skidded two feet prior to the impact, no skid marks were found for the Brandenberg operated vehicle. Brandenberg was driving a 1983 Ford F 250 pickup truck with a snowblade, owned by Ray B. Frost, Syracuse. Damage was estimated up to SI,OOO. Smith’s 1978 Ford Fairmont sustained up to an estimated $5,000 damage. Patrolman Knispel was assisted by Syracuse Police Officer William Selvey. Syracuse Fire Department and Syracuse Emergency Medical Service were also at the scene.

guarantee the building through January, 1986. Board members were pleased when Carl Myrick presented a letter from the Division of Water Pollution Control of the State Board of Health. It indicates that Syracuse is now number 13 on the priority list for a grant to construct needed improvements to the town's water and sewage system. This is a definite im-. provement over the ranking of 39 in January, 1984. In response to a request by Jennifer Lewis, clerk-treasurer, the board voted to allow movement of the recently replaced photocopier to the street, water and sewage department. This will make the older copier available for trade-in on the recently

by Refior to deny their admission into evidence, challenging their authenticity and Brouwer’s expertise to certify that the copies were not retouched or tampered with in any way. Judge Morton ruled they could be admitted as evidence — plaintiff’s exhibits five through seven. The final testimony of the morning session came from Ronald Kerlin, r 2 box 414, Syracuse. Kerlin, a resident of Papakeechie and a flight instructor for Flight Safeties, Inc., who was called to testify out of turn, after a mix-up in a subpoena to Phil Braman. Kerlin testified that he has been a resident.of property 800 yards north of the Stuckman property since 1981, and has flown over the area approximately 40 to 50 times during that time. An aerial photograph, taken by Kerlin in September, 1984, was admitted into evidence, with Kerlin testifying that the photo was “an accurate representation of the area at that time.” When asked by Snyder to approximate the increase in automobiles at the property since he came to the area, Kerlin said “I would estimate that the number of vehicles has increased ten fold.” Later under cross-examination by Refior, Kerlin was asked to as- , firm two statements made during the taking of his deposition. According to the deposition, read by Refior, Kerlin stated “I was aware that Ned had a yard on his place,” and when asked how he was aware of that fact, he stated “It’s common knowledge in this area.” Testimony from several witnesses on both sides is expected to be heard through Thursday afternoon.

WEDNESDAY, MARCH 6,1985

delivered machine. Member Joe Morganthaler asked the board members to think about naming the new building the Syracuse Government Center.

School board to rotate meetings

The Lakeland Community Schools Board of School Trustees has announced a plan to rotate its monthly meetings to all three communities over the next few months. This plan is an effort to allow residents an opportunity to attend a school board meeting without having to drive to the central office. It will also provide board members an opportunity to visit schools and learn more about the activities within the schools. Devised by Dr. Kenneth E. Webster, superintendent, the planned initial schedule will be as follows: Tuesday, March 12 — Milford Schools Tuesday, May 14 — North Webster Schools Tuesday, October 8 — Syracuse Schools Tuesday, December 10 — Wawasee High School The meetings wilt begin at 7:30 p.m. Prior to these meetings, schoolboard members will gather at 6:30 p.m. to tour the building with

’ t S

TOURNEY CHAMPS — The Warsaw Tigers successfully defended their Tritoil Sectional championship by defeating the Wawasee Warriors Saturday night. 64-56. Jeff Grose and Rick Fox led the Tigers to their fifth sectional championship in six years by

March comes in'Like A Lion’ — Ice storm damages power lines, causes scattered power outages

It was impossible to assess the extent of damages done in the lakes area by the Sunday night-Monday morning ice storm that ravaged the area. But residents, reeling from the effects, crossed their collective fingers and wished it to be the last fury of a long winter. It was March "coming in like a Lion.” Electrical Outages 'lce formed on power lines, bringing many of them to the

First robin harbinger of spring The Sunday night-Monday morning ice storm notwithstanding, there are harbingers of spring in the offing. One was a call to The Mail-Journal office Monday morning by Debbie (Mrs. Jerry D.) Kirkdorfer that she had seen a robin in her front yard at 349 Medusa Street, Syracuse. The Kirkdorfers reside on the south end of Syracuse Lake. For years, the first appearance of Mr. Robin Red Breast has meant spring is just around the corner. The use of insecticides has critically reduced the robin population, but their first appearance is still occasion to look forward to .the warm winds of spring. The Kirkdorfer robin is the first reported to The M-J office. Deb Kirdorfer of 349 Medusa, Syracuse, called in to tell us she had spotted a robin on her deck by the birdfeeder at 9:30 a.m. Monday morning. It stayed only for a and then flew away. It is the first robin she has this season.*

the principal. This will allow board members the opportunity to see problems on a first hand Board to meet at Milford next Tuesday night. basis, as well as to visit classrooms that exhibit exceptional programs deserving of recognition. Finally, during the

Cheese distribution set for March 13

Cheese distribution in Turkey Creek, Tippecanoe and Van Buren Township has been set for Wednesday, March 13, at designated locations in each township. Cheese will also be distributed in other townships throughout Kosciusko county. Louis Kuilema. Turkey Creek Township Trustee, stated distribution will be in the Syracuse Scout Cabin beginning at 10 a.m. and ending when all

ground, and snapping off utility polls. But the worst damage came from falling tree limbs as a result of ice forming on tree branches. According to Ralph McAfoos, operating superintendent of the Goshen District of the Northern Indiana Public Service Company, there was an electrical outage throughout the district. McAfoos said the outages were isolated and scattered, but most service was resumed by noon on

regularly scheduled meetings, a special presentation will be made by teachers, students, and administrators regarding a program in the school being visited. According to Bill Little, board president, the board of school trustees is excited about the school visitation plan and the opportunity to make the meetings more convenient to the residents of the three Lakeland communities.

cheese has been picked up. Sue Mitchell, deputy trustee for Tippecanoe Township, announced the time of 10 a m. until all out for that township. Cheese will be distributed from the fire station in North Webster. Marcia Baumgartner, Van Buren Township Trustee, set the times of 10 a.m. to 4 p.m. for residents to pick up cheese at the Milford Fire Station.

• combining for 49 points. The sixth-ranked Tigers, now 21-2, will face the East Noble Knights in the Elkhart Regional this Friday night. (Photo by Chris Cauley)

Monday. He noted, however, that the last man returned home at 4 a.m. Tuesday. He added that Nappanee was the worst hit area in his Goshen District, and that the Plymouth District suffered badly from the storm. . Hardest hit by the ice storm was the rural areas of Kosciusko County, served by Kosciusko County REMC. It was reported that 60 to 75 percent of the area served by REMC was without electrical power, and the prospects that a number of homes would be without power for several days loomed eminently.

Final plans being made for festival

Music students and teachers, along with the administrative staff, are making fihal plans for the Lakeland Community School Corporation Music Festival. The festival, entitled “The Golden Age of Rock and Roll” will be presented to the public on Friday, March 15, in the Wawasee High School gymnasium at 8 p.m. The program will include vocal and instrumental students in grades four through 12. Students from Milford Elementary and Junior High, North Webster Elementary and Junior High, Syracuse Elementary and junior High, and Wawasee High School will combine their talents for this program. Personnel responsible for the organization of the festival include: Dr. Kenneth Webster, general chairman, ( David Blackwell, directing chairman;

Commodore has completed *5,000,000 in stock sales

The Commodore Corporation, Syracuse, a leading producer of manufactured housing, has completed the sale of $5,000,000 in convertible preferred stock to Great American Management and Investment, Inc. The 50,000 shares of preferred stock are convertible into 14,705,882 shares of Commodore common stock, subject to adjustment. Commodore presently has 12,115,008 common shares outstanding. The preferred stock carries voting rights equal to 14,705,882 common shares. GAMI also has four representatives on Commodore’s eight person Board of Directors who will have 51 per-

30 c

NUMBER 10

Began Late Sunday The storm began late Sunday evening with a heavy sleet falling. By Monday morning the ground was covered with several inches of ice and limbs and twigs were strewn everywhere. On Monday, as the temperatures warmed, the ice melted and slush condition prevailed. Rain followedj further aggravating £ flooding condition. School Delayed In the Lakeland School District, the Monday morning storm was severe enough to have school postponed for two hours, but by late morning students were in their classes again.

Dr. Howard Hull, building and ushers; George Gilbert and Donn Kesler, parking and equipment; John Naab, publicity; Ned Speicher, Marion Action, Wendell Bryant, John Naab, and Richard Lbng, transportation and student supervision; and Roy Stiffler, custodial services and equipment. Teachers involved in the direction of the festival are: Donna Pollen and David Sand from Milford Schools; Karilyn Metcalf and Jeffrey Hatfield from North Webster Schools; Sherry Lantz and David Sand from Syracuse Schools; and Steve Bailey, Jeffrey Hatfield, and David Blackwell from Wawasee High School. ? The public is invited to attend “The Golden Age of Rock and Roll” as the guests of the school corporation.

cent voting control of the Board. Commodore had previously announced the expansion of its Board to eight members with the election of GAMI’s four representatives. GAMI also acquired warrants on 10,373,626 additional shares of Commodore’s common stock, subject to adjustment, which are exerciseable at SI.OO a share over the next five years. The warrants were acquired in connection with a $3,000,000 two-year revolving credit provided to Commodore by an affiliate of GAMI. Commodore’s stock is traded on the American Stock Exchange under the symbol CCT.