The Mail-Journal, Volume 27, Number 30, Milford, Kosciusko County, 7 September 1988 — Page 2

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THE MAIL-JOURNAL — Wed., September 7,1988

Turkey Creek Sewer construction should be underway next spring

(By DEB PATTERSON Staff Writer . Questions have been raised that the project of providing sewer around part of Lake Wawasee was too cost prohibitive and the project is on hold or being dropped. Information received this week indicates there is no turning ’ back now for Turkey Creek Regional Sewer District. “We are committed to the program. The funds are s.et aside and are going to be there,” stressed Robert Jones, president of the sewer district. “In fact,the time table for letting construction bids is in the not too distant future,” noted Jones. Bids on bonds and construction will be let around the first of the . year. Construction is expected to be underway next spring. The big hold-up at this point, according to Jones, is obtaining

Will passenger service return to Syracuse?

| By BILL SPURGEON For The Mail-Journal Will Syracuse, which lost its passenger train service in 1971, regain it at the expense of Warsaw? It’s possible but not probable. Amtrak — the National Railroad Passenger Corporation — was created by Congress in 1971 to set up and subsidize a nationwide network of passenger trains, something which the individual railroads in those days found to be an increasing operating and financial liability. Syracuse and other communities alongthe Baltimore anrT’ Ohio line (now CSX) between Pittsburgh and Chicago had enjoyed passenger train service for many

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easements from approximately 900 property owners. Thus far only 406 easements have been obtained. The easements are needed for the placement of septic tanks, sewer lines and lift stations for the sewer system. The system includes small diameter sewer mains which will carry the effluent or liquid overflow from a holding tank on each property. The tanks will retain solids so they can be pre-treated and will be pumped periodically by the sewer district. Jones explained that every home will have a closed septic tank installed and, depending on the design of the property, there could be one tank installed for several homes. All costs will be paid for by the sewer district, including maintenance. There will be no leach beds. In essence, a small sewer plant will be at everyone’s home. By the Environmental Protection Agency, this is called innovative

years. But Amtrak decided the B&O Washington-Chicago route was not a practical one, and routed its trains (only one, at first) from the east into Chicago via the former Pennsylvania line (now Conrail), via Fort Wayne and Warsaw. Now the line has two daily trains in each direction, one serving the New York-Chicago market and the other one connecting the Windy City with the nation’s capital. And both stop in Warsaw in each direction. And, Amtrak also has daily service connecting Chicago with Boston and New York via Elkhart. So why change? ‘* changing freight train routes. The Conrail Fort Wayne/Warsaw/Valparaiso/Chicago route no longer carries

technology. This innovative technology has gained the sewer district an additional 20 percent funding. Why this type and not a gravity sewer line normally used? Jones responded by stating the EPA objected to plans for a gravity line and wanted better innovative technology. “We had to start over again,” said Jones. The first plan was rejected. “There is another small hold up. Specifications anti drawings were submitted for approval in June to the Indiana Department of Environmental Management, and returned with a number of technical differences needing addressed*,” said Jones, noting they are currently waiting on state approval on the corrected plans. “When this is given we will go ahead, even without the easements, and start submitting plans for bids,” said Jones. The Cost The total system cost is estimated at $9.'6 million with ap-

through freight traffic. And Conrail has notified Amtrak that Amtrak will have to pick up more of the line’s maintenance expenses if the line is to be used for its passenger trains. So Amtrak has two options: shell out more money (figures ranging from $75,000 to $225,000 annually have been tossed about) or find another route from Pitt-’ sburgh to Chicago. Some route options under study; (1) Reroute the trains via Cleveland, theoretically “picking up” that “market,” and have all three daily trains each way run . via, Toledo and Elkhart. Fort Wayne would be served from Waterloo, probably leaving it to the passengers

proximately $7,9 million being received in federal and state grants. The remaining amount will be obtained by the sewer district through a bond issue. Jones stated no funds will be received until the bond issue. Some grant money, however, has been received for preparation work and engineering fees. The estimated monthly fee, per household, may be S3O a month. Jones said this estimated fee is subject to change and will be a year-round figure. The final figures will be resolved as quickly as possible, noted Jones. He also noted that Turkey Creek Regional Sewer District is purchasing the Enchanted Hills Sewer System'. “We are required to assume the Enchanted Hills Plant which we will be rebuilding and revamping,” commented Jones. To cut down on costs, the areas will be divided and the system run to two different areas. The areas to be served by the

on how to get to Waterloo. Kosciusko County’ travellers would be served at Elkhart. People from south of Kosciusko County would likely be written off as potential customers in either direction. (2) Keep the trains on Conrail to Fort Wayne and then use the Norfolk & Western (former Nickel Plate) line west to Chicago via South Whitley and Knox. But this is a single-track, heavily trafficked freight line with lots of speed restrictions. It might not be competitive. Chances of any intermediate stops west of Fort Wayne would be slim. > „■> (3) Keep the trains on Conrail all the way, but at Warsaw head them north over the former Big Four line through Milford and

soon-to-be expanded Syracuse sewage system are: Sunrise Beach, Venetian Isles, Ogden Island, Nordyke Park, Johnson’s Bay Subdivison (Kanata Manayunk), Rainey’s Court, Harborside Condominiums, Willow Grove, Pleasant Grove, Pickwick Park and Kale Island (including off-water and channel areas). There has been no discussion on the tap-on fee to be paid to

Judge Sands issues stay in Papakeechie lake fight

(Continued from page 1) ■ tides and by-laws of our organization,” stated Corson. Regarding the belief the

G,oshen, picking up the Cleveland-Elkhart line there. Again, the Big Four line is busy with freight traffic. It enters Goshen at a disadvantage, including some trackage in the middle of a city street; time would be lost there and in the switching at Warsaw. The Warsaw stop would probably be lost since the station is west of the junction and trains would no longer pass it. (4) Keep the trains on Conrail but reroute them northwestward from Orrville, Ohio via Bucyrus to Toledo, then west over the Elkhart' line. Tips alternative cuts off Fort Wayne (Waterloo is an option) but does not gain Cleveland as (1) would, although in (1) the trains would serve Cleveland between 1 and 5 a.m., not desirable times. (5) Reroute the trains west of Pittsburgh via Akron and Fostoria, Ohio, and Garrett and Syracuse, on the CSX former B&O line. Stops at Garrett would handle Fort Wayne passengers, and it’s not quite as far. A Syracuse stop might be promoted to handle passengers now boarding or detraining at Warsaw.

What’s the timetable for a change if one occurs? A year or two, perhaps. What are the odds that there’ll be no change at all? Fairly heavy. There’s support from Sen. Richard Lugar, R-Ind., and Rep. Dan Coats, R-Ind., to keep the Fort Wayne route, as is. And since Congress appropriates the funds, Amtrak may listen. But if it gets to the point where a reasonable contract Conrail looks unlikely, and Amtrak can negotiate with CSX, Syracuse might be back on the railroad map again. (EDITOR’S NOTE: W.W. (Bill) Spurgeon, a Muncie newspaper executive and frequent contributor to The MailJournal as a seasonal resident here, is a longtime student of railroads.)

7 county

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the Town of Syracuse. Served by the present Enchanted Hills Sewer System will be Highland View Gardens, Leeland Addition, Hess Addition, Marineland Gardens, Bayshore Beach, Cottingham Beach, Morrison Island, Yacht Harbor, Jarrett’s Addition and Nattie Crow Beach. “We have had some areas

former fish hatchery site extends to the edge of Lake Papakeechie, the association does not believe this to be true as it would be the area where the old fish ponds were east of Waterson’s Grocery on the south side of Old Road 8. Shyder commented the ponds were conveyed to the state by a deed with the association that contained a converter. The converter was, if the state ceased to use any of them-(the ponds) for fish hatchery purposes they reverted back to the association. In 1967 there were actually deeds conveyed back to the association, eliminating the state’s ownership interest. “So we don’t feel the state owns any lakefront on Papakeechie,” noted the attorney. Corson noted that on numerous occasions the lake association has offered to show deeds, which they have copies of. “As of this time no interest has occurred in reading, looking, collecting and no discussion over the documents.” Snyder said the Department of Natural Resources did not contact the association at all before they issued that letter of August 29. “If 1 they had seen them (the deeds) they would have at least had a basis to investigate, to look at, determine who has ’exclusive jurisdiction of the lake, they did not do that, ’ ’ added Corson. He noted that the association pays taxes on the roads, the land that they own and the lake bottom every year as a ripariart owner, the lake association is a tax payer. A check with Charlene Knispel, Turkey Creek Township Assessor, shows that Papakeechie Protective Association pays taxes on all private drives, easements and 176.70 acres of land that includes the whole lake.

Letter sparks Papakeechie debate

(Continued from page 1) The issue of public or private in regards to the lake has always been an issue. Ron Corson, president of the association, stated the issue has remained the same, only the names change. The association wrote the DNR regarding the question on April 18, 1977. The letter was referred to the law enforcement division and answered by Charles A. Murphy, superintendent, of the law enforcement division. The letter addressed to Corson, and dated April 27,1977, states:

residents seek Gilliam's seat

left vacant by the death of Fred Gilliam. They are Gilliam’s widow, Marguerite Gilliam of Warsaw; John McDaniel of Warsaw ; County Councilman George Klinger of Warsaw; Robert Bell of Warsaw; Ed Creighton of Warsaw; Thomas W. Church of Chapman Lake; and John Weyler of Pierceton. Would-be Republican candidates have until 7:30 p.m., Friday, Sept. 16, to file a declaration . of candidacy with Rex Reed, Chairman of the Kosciusko County Republican Central Committee. That time and date are exactJy 72 hours prior to the scheduled convening of. a caucus to fill the

which are not involved wanting to be involved. If we can do it, we will,” noted Jones, adding that the new Wawasee Community Church of the Nazarene and the new middle school will be hooking on the first line. Jones stated these two groups will be paying all the engineering and cost of hooking on to the line, that will not be far away. “In years to come the system may fill in the

Statements Corson made several points in a statement he issued. He noted that the Papakeechie Protective Association does have exclusive jurisdiction and if persorts want their views to become predominate or in control it has to be successfully done by convincing property owners through the election of officers and directors. Another point he made was that Dick Conroy, spokesman for the group, is knowledgeable of the articles and by-laws and covenants of the group. “I think their position is they don’t agree with them. They definitely want them changed, apparently at any cost,” commented Corson. He reflected back to the August 20 annual meting of the association at which tinre the issue of public or private was brought up as well as allowing motors on the lake. It was noted that when a person buys property on Papakeechie Lake he is aware of restrictions and use of the lake as part of the title to the real estate. “There cannot be legally, the first person who does not know it, because if they take title to the real estate, they take title subject to all the restrictions that are on it,” noted Snyder. : Qqrspq noted that those wanting to change the by-laws, articles and covenants have the option of presenting their proposal to the lake association and in order for a covenant to be changed it requires 100 percent agreement. Motions were made at the annual meeting to investigate the process of changing the covenant and a group appointed to look into that. “But apparently they are not interested in waiting until they see what the group has to say and they just simply by-pass that and if people do want change it has to occur between the election of officers and directors and

“Your letter of April 18, 1977, has been referred to the Law Enforcement Division. The following is the answer to your questions concerning Lake Papakeechie. (14 It is the law enforcement division’s opinion that Lake Papakeechie is not considered a public fresh water lake. (2) To my knowledge the law enforcement division has never enforced boating regulations on Lake Papakeechie.

(3) The law enforcement division has no intention of enforcing

November ballot spot left vacant by the late Fred Gilliam. The caucus is scheduled to begin at,7:30 p.m., Monday, Sept. 19, in the Third Floor Courtroom of the Kosciusko County Cour-, thouse. Those eligible to take part in the caucus are Republican precinct and vice-precinct committeemen of Kosciusko County. The commissioner candidate will be elected by secret ballot by the majority of members of the caucus voting. A caucus to fill the late Gilliam’s unexpired term will be held at 7 p.m. on Monday Sept. 19 in the same courtrobm. Declarations of candidacy for the unexpired term must be filed with Reed no later than 7 p.m. Friday, Sept. 16; exactly 72 hours before the scheduled caucus. Only Republican precinct committeemen or those correctly appointed to vote their proxy (a vice-committeeman for a committeeman’s precinct) may vote by secret ballot. A county commissioner shall be .elected to fill the vacancy by the majority of caucus members voting. At both caucuses, only eligible members of the caucuses, candidates, designated caucus staff, Republican party officials, duly appointed watchers and members of the news media shall

other areas,” mentioned Jones. Turkey Creek Regional Sewer District holds .regular meetings on the third Monday of each month at 7:30 p.m. in the Syracuse Town Hall. Jones encouraged persons to attend and ask questions as the project engineer. Ray Kocher, with Howard, Needles, Tammen and Bergendoff, Indianapolis, will be presenfat the meetings.

once you are an officer and director your commitment is to the articles and by-laws. “The last point I have is this — this group is costing the lake (association) a considerable amount of money iq terms of fl legal defense and I’m sure ac- ■ countability towards the pay- ■ ment of that defense is going to be ■ discussed in great detail,” noted fl Corson. ■ Conroy stated that a concern to ■ a large number of property ■ owners is the financial condition of the association. The associa- I tion, which consists of only 260 I members, is currently $51,000 in j debt, according to Conroy. He ad- I ded currently without the consent 1 of the property owners the PPA is ’ again incurring large legal fees to dispute the DNR’s ruling. “In essence, the people they are taking action against are the very .people who are paying the legal fees. We don’t feel this is fair and we feel it is an abuse of our rights. This should be of particular concern to all property owners on Lake Papakeechie since they ultimately will have to pay for these fees and liens could be put on their property. It is particularly of concern because this current situation, win or lose, will cast doulas oq.Jhe future exn the pp 4 . ■... { “We are hopeful that the lake remains public because there are several advantages that will accrue to the property owners. There are state programs funded by the cigarette tax that will provide thousands of dollars for weed and sedimentation control on the lake. Also, the state will stock the lake with fish and possibly build a new dam since the current dam does not meet state specifications. “While we feel that everyone has a right to a hearing, we feel the concerns voiced above should be addressed.”

boating laws on Lake Papakeechie. (4) The law enforcement division will enforce the fish and game statutes according to Indiana Code 14-2-2-1. Lake Papakeechie does contain stated owned fish and we have enforced this statute in the past. (5) It is the law enforcement division’s opinion that the lake association would have to check with their local prosecutor in reference to legalities in enforcing the rilleS and regulations of the lake association.

be eligible to attend. Eligible candidates shall be allowed a maximum of three minutes to address the caucuses. New M-J Subscribers Bryon P. Connolly 3924 Roselle Ave. Oceanside, Calif. 92056 Ernest Rapp 121 N. Church Poseyville, Ind. 46733 Time Temporary Service 630 S. Buffalo St. Suite 2 Warsaw, Ind. 46580 Milford Scouts to hold service The Milford Boy Scout Troop 747 will hold a candlelight service at 7 p.m. on Monday, Sept. 13, in the community building for promotions and achievements. The public is invited to attend this service.