The Mail-Journal, Volume 28, Number 40, Milford, Kosciusko County, 15 November 1989 — Page 2

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THE MAIL-JOURNAL — Wed., November 15, 1989

Seek change —

Judge followed 'the letter of the law'

I. By DEB PATTERSON Staff Writer Since Judge James Jarrette's decision to dismiss a charge of passing a school bus while loading or unloading due to the stop arm not being in compliance with markings required by the state school bus committee, persons have begun taking a second look atthe law. "The judge clearly went with the letter of the law." noted Robert Russell, director of the Indiana State Division of School Traffic and Safety and chairman of the State School Bus committee. "The law is the problem." he stated in regards to the recent, ruling by Judge Jarrette to dismiss a charge of passing a school bus while loading or unloading children "As I look at it now. it really bothers me." commented Russell regarding a close look at Indiana Code 9-4-1-123 and 575 Indiana Administrative Code 1-3-47 (9) (C>. where there is no allowance for error. IC 9-4-1-123 states in part: “(a) The driver of a vehicle meeting or overtaking from either direction any school bus stopped on a roadv-a.jL..<hall slop- before reaching such school bus wheir the arm signal device specified in IC 20-9.1-5-14 is in its extended position, and the driver may not proceed until the arm signal device is no longer extended biThis section shall be applicable only in the event the school bus is in compliance with the markings required by the state school bus committee . 575 IAC 1-3-47 <9> (c) states in part: "... The device shall have a white band, at least one-half inch wide, painted around the outer edges on both sides, as a border contrast. The entire sign, including letters, shall be reflectorized and'shall not lose over 20 percent of reflectivity when wet " Since the ruling. Russell has talked to an official with the company that is the main supplier for bus parts. That 'official was informed of the case. "He said when manufacturers build -things, they .are allowed a tolerance, one-sixteenth of an inch one way or the other," said Russell, adding "obviously we had a judge who was explicit and went by the letter of the law. “If the law allows judges to make a ruling, as this one, then the law needs to be taken a look at. Are our laws protecting allege crimes or the victim?" asks Russell State Representative David Wolkins noted he is sure the original intent of the law was not for it to be exactly one-half inch

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"I'm sure the language of the lawwill be cleaned up at the next session." He stated. "It was the letter of the law that was followed, pot the intent of the law.” R,ep. Wolkins stated he was not kndckmg Judge Jarrette's decision. "Someone messed up when the law was written." he commented. "I almost guarantee it will come to somebody's attention. I look for a change in the next session." Defense attorney for the case. David Kolbe. Warsaw, stated. "As a citizen, my responsibility was to contact Senator Robert "Bud" Meeks." A meeting was arranged at which time Kolbe suggested the addition of one word, "substantial.” be made to the law "I can't see why it can t pass." Kolbe stated. Wawasee Community School. Corporation officials and the deputy prosecuting attorney. Robert Schloss, have also contacted officials to see that the law is changed. Schloss commented if another judge would have been sitting on the bench at that time, "he might have felt compelled to rule the same way with the law in effect. " - Russell noted the law will be reviewed. He stated that support for the change will be needed Possible wording could be that instead of stating "the school bus is in compliance with the markings required by the state school bus committee." it should state in compliance with Indiana State Police Inspections each year ISP Inspections Indiana State Police Trooper Specialist for the Indiana Motor Carrier Office Dave Doll said the officers normally don't measure the border on the stop arm to see if it is in compliance with the statute or state standards. Basically, inspection officers check to see if the stop arm is operating properly and the lights on the bus are operationable He noted that the reflectiveness of the sign is also checked Ralph Reed, master work leader of the motor carrier inspections for the state police, commented since the judge s ruling. the officers may have to start measuring the borders on the stop arm. "In 22 years. I never remember measuring 'them). it 'the ruling) sure surprised me" Officially, how the Indiana State Police will handle the inspection of buses in the future has not been addressed The violation of the state statute has been brought to the attention of the proper officials for the I idiana State Police. Dismissal Sought "I felt it was my dutv > tell him 'the defendant, it was unlikely he could prove the case." commented Kolbe He noted people believe the defendant got off on a technicality of

the law. "The requirements (on bus markings) are lengthy and complex. Some requirements give approximations. This section says ’no less.' The judge looked at the law. He had no other choice but to grant the dismissal." said Kolbe. This was not the first time a case was decided on this law. according to Kolbe, who noted four years ago another case was dismissed. Because of this, Kolbe was aware of the requirements and the law. Kolbe was not involved with the case from the beginning, but became involved shortly before the trial the second time the charge was filed. In addition to the charge of passing a school bus while loading or unloading, the person involved was also cited for im-

Seek Amtrak

(Continued from page 1) Chamber of Commerce nas formed a committee to work on the Amtrak issue. Headed by Kip Scnumm and Bob -Troutman .the committee met last Friday io discuss what the chamber can do to support the town should it decide to work for a Syracuse stop As a part of the Master Plan for the Syracuse Beautification. Project. the beautification committee w ould like to revamp the present depot. This plan would fit in well with having to provide a shelter for travelers should Syracuse become an Amtrak stopping place. Schumm ‘ said plans for renovating the depot might include adding a travel agency, ticket office, and chamber office. Warsaw Mayor Jeff Plank was on hand at the committee meeting and said he wants to work towards retaining a stop in the county. "We re dealing with this as if there are no political boundaries." the mayor later said, adding, "What is important is to make Amtrak services available to the county. "Setting the stage early is important." said the mayor, "since others will want a station stop ." He reported he has been in contact with officials at Amtrak's corporate headquarters in Washington. D C., in an effort to petition Amtrak early on for a county stop. Officials at the recent Milford Area Development Council meeting said they would like to see a stop somewhere in the county. They added they would sup-

proper passing on the right. Court documents show that he pleaded guilty to this charge and paid fines and costs totalling According to Kolbe and court documents, on January 9. 1989. shortly over one-month after the alleged incident occurred, the remaining charge, passing a school bus while loading or unloading, was dismissed. It has been learned that during the initial hearing, the defendant pleaded not guilty. During the pretrial conference, several witnesses and/or statements were presented by the defendant that stated the passing of the bus did not occur until the sign had been retracted and the bus was in motion. t According to Roger Kryder.

port either a Mjlford Junction or Syracuse stop, but they have no plans to actively pursue them. /At a regular session of the Milford Town Council.Vonday Nov--13. members said they, too, would do what they could to get a countystop Syracuse Town Council President Jim Hughes said at present the council has not discussed any plans to pursue a stop, but at the next council meeting 'Tuesday.Nov. 21) the topic will probably

Man stabbed

< Continued from page 1) northwest corner of the trailer park. A search of the field near the trailer park to locate the area where the attack took place was called off Friday evening due to darkness. On Saturday, the place where the attack occurred was found approximately 250 feet north of the trailer park The attempted rape was reported to police at 6;45 p.jn. by the 16-year-old girl. She identif3e(i the attacker as Griffin Because of the time of tht slat-i bing possibly occurring and time of the attempted rape, along with other information, officers believed both incidents involved the same person Heroes While several residents of Turtle Bay Trailer Park came to the aid of Williams, the real hero is said to be Williams himself because of "his ability to seek

Rape reported

According to Milfords town marshal. Dave Hobbs, a rape was reported to the Elkhart County Sheriffs Department on October 2 of this year. The rape occurred at a residence in the Milford area The victim was a 16-year-old female who was baby-sitting for the accused at the time of the

Stolen vehicle recovered

Milford's town marshal. Dave Hobbs, recovered a stolen vehicle on Saturday evening. Nov 11 Hobbs recovered the 1988 Acura following reports that it might be headed in this area. The car was Trade deficit lower The U.S. trade deficit shrank to $8.17 billion in June, the smallest monthly imbalance since December 1984, the government said in a report viewed by many economists as only a short-lived improvement

Milford sets four-part plan to improve Davidhizar property

I By .MARY JANE LORTON Staff Writer The matter concerning a Milford property in violation of the town’s Unsafe Building Law was once again a topic of discussion at the Milford Town Council meeting, Monday night, Nov. 13, at the Milford Town Hall The subject of the 212 E. Fourth Street property' owned by Ron Davidhizar returned to the coun ciEfelks'iffig n?vjrthizar’s failure

Wawasee Community School Transportation Director, after the decision was released, it was learned incomplete information was contained in the paperwork. Statements from witnesses on behalf of the state were omitted. Acting upon the advise of a judge and prosecutor, the school corporation refiled the charge so the ease could be reopened. Kolbe stated when the defendant came to his office, at least one of the witnesses was present. Because another witness was moving out of state and the testimony needed would have to be obtained via an interstate subpoena or a deposition, Kolbe had to decide to either tell his client of the information he knew (it was unlikely the bus would comply in total) or go on the defense of merit only. “I felt it was my duty to tell him," said Kolbe.

"come to the foreground.” Martin stated she has heard rumors of requests for different stops on this new route, but right now those are unknown. Requests tor additional stops wiii oe heard as Amtrak representatives do onsite information gathering in various communities. Martin noted officials will consider suggestions but will also have to take a look at operational considerations before making any decisions about additional stops.

help." Kitch believes Williams’ sheer determination and will to survive saved him. Officials also feel the credit should go to Syracuse Emergency Medical Service and MultiTownship Paramedics. "We are pleased we were able to make an arrest as quickly as we did." noted Kitch, who said Sheriff Ron Robinson had determined the sheriff's department would stick with the case until resolved. "The case would have been much more difficult without the incident of the 16-year-old andthe attempted rape or molesting." noted Kitch "I appreciate all the help we received from the sheriff's department, especially Kitch. and the many citizens who helped search the area" noted Chief Ziller. "I know everyone in town is concerned and I'm glad we wrapped it upsofast."

reported rape. According to the report, the rape occurred on or August 11. Since the time the report was filed in Elkhart County, the report has gone to the sheriff's department in Kosciusko County. An investigation is still in progress.

stolen from McDill Air Force Base, near Tampa. Fla. Kim Simmons. 35. was arrested and booked in Kosciusko CountyJail for the theft Hobbs says it is likely she will be extradited back to Florida. He added the information officials have right now indicate that Simmons is from Texas. Losing one's shirt The quickest way to lose one's shirt is to put too much on the cuff.

to comply with the town's order to: seal the premises against intrusion by unauthorized persons, exterminate vermin in and about said premises, repair the said premises and remove the portion of the premises considered unsafe. This written order, as prepared by Building Commissioner Bill Durbin, gave Davidhizar 30 days for compliance. With these 30 days long gone, and with Davidhizar only having replaced some windows, Durbin noted that it was up to the council to decide on possible further action- ' ' -

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RUSS MIKEL

Mikel to move to middle school;

(Continued from page 1) training, curriculum, advisor/advisee program, an opportunity to work closely with the guidance personnel in the building. Jones is looking forward to continuing his relationship with athletics, in scheduling events and the emphasis the middle school will have on intramurals. Jones started with the school corporation in 1967 as a fifth grade,teacher. Since then he has taught language arts and physical education. He has also coached most of the sports at Syracuse — football, basketball, wrestling, track and baseball.

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COUNTY VIOLATION — Located at 318 Williams St., this lot, owned by Ron Davidhizar, has been the site of a county violation since April of 1988. Davidhizar has placed two mobile homes on one lot, a county violation unless otherwise approved by the Kosciusko County Area Plan Commission. Although trying to sell the trailer in the foreground, Davidhizar has failed to comply with numerous recorded warnings of the APC to remove the trailer. (Photo by Stacey Lesch)

Violation of county laws brings legal action against Davidhizar

I By STACEY LESCH Staff Writer Since April of 1988, the Kosciusko County Area Plan Commission has been pushing Ron Davidhizar to remove at least one of the two trailers located on his lot at 318 Williams St., Milford. Davidhizar’s failure to heed the numerous recorded warnings will soon bring about legal action as today, November 15. was the absolute final deadline he was issued to remove one of the trailers. According to Michelle Veach, enforcement officer- for the APC, when she took over the position in January of this year she issued a letter to Davidhizar instructing him, after at least three other written warnings from former officer Stanley Kurtz, that one of the trailers would have to be removed by September 1,1989. "I was actually pretty lenient with him," she said. "We usually don't allow anyone that much time.” After inspecting the property in question on September 1, Veach found neither of the trailers had been removed and turned the matter over to the APC’s attorney. Mike Reed. Reed in turn ordered Davidhizar to comply with the order by November 15 or face legal proceedings. Veach

Following a lengthy discussion, council members decided on a four-part plan which will involve: collecting estimates on the repairs for the property, notifying Davidhizar of these costs and the town’s plan to proceed with repairs, repairing the property, and billing Davidhizar for said repairs In other business, the following action was also taken on Monday' evening: •Dallas Winchester 11, utilities commissioner, reported his department is still picking up

IA>II V v/ .■k “ B

CINDY KAISER

Four years ago he was named assistant principal at Syracuse. Strong Leadership Dr. Thornton noted one of the things that was strongly considered when Mikel became a candidate for vice principal, was the concern for a continuation in Milford of a strong leadership in the school. Dr. Thornton stated he felt Cindy Kaiser had the expertise, talent and ability to carry on in the position as principal. “I am looking forward to it. It has been a goal of mine since I student taught. 1 can’t really believe it’s happened.” commented Mrs. Kaiser, who started

says that if one of the trailers is not removed today, legal action will be sought immediately. Davidhizar, now attempting to sell one of the trailers, says he had obtained a permit to remove a small, battered trailer from his lot at 317 Williams St. and replace it with a larger, newer mobile home. "They (APC) told me that as long as I replaced it with an equal size or larger, nicer trailer. I'd be OK,” he says. Veach says, after checking APC files back to 1987, there is no record of a permit. After allegedly obtaining the permit, Davidhizar says he purchased a mobile home from a neighbor with intentions to move the trailer to his lot at 317 Williams St. "But somebody changed his mind and said I couldn't move it," he says. "Now they're saying it's not • large enough.” Again, Veach offers that there are no county restrictions on the size a trailer must be. Davidhizar explains that when the time came to move the trailer he was confronted by "irate and hostile people” telling him that he could not move the trailer to the corner lot at 317 Williams St. Although Davidhizar does not know who the alleged group was and says he had the permit in hand, he bowed to their demands and instead placed the trailer on his other property — which he thought was two small lots — at 318 Williams St. where it still re-

bagged leaves. •Winchester noted meters would be read beginning on Tuesday, Nov. 14. and call-ins will be accepted •Christmas decorations will be hung on November 26. •The council tabled discussion on posting signs concerning the town’s no soliciting ordinance at the entrances of the town. •The council .approved spending $35 for a waitewater treatment plant teleconference series to be attended by Winchester. •The council approved Darrell Custer’s bid of $3,396 for 360 feet

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TOM JONES

with the school corporation in , 1979 as a teacher and then over- - saw the gifted and talented pro- . gram and Up, Up and Away pro- > gram for the corporation. In 1988 ’ she was appointed assistant prin-, cipal at Milford. Mrs. Kaiser plans on being aneffective administrator and to' keep Milford School going in the direction it is now. “I like the 1 - things the way they are now, I’m not planning a lot of changes. ” She credits Mikel for getting her where she is today. “I don’t, feel like I’d be where I amwithout working under him. He’s , included me in everything.”

mains. "I don't like to cause trouble." he says of why he did not place the trailer at 317 Williams St "I assumed they were neighbors and were upset about something." He says he then went to the APC for an explana-' tion. "They kept telling me that someone would look into it and get back with me. But guess what? They never got back with me. I’ve been treated unfairly; I’m getting the brush-off, and I’m not getting anywhere," he says. Unable to recall exactly when he received the notice, Davidhizar says that at some point during this commotion, he received a notice from the APC noting that his permit to move the trailer to 317 Williams St. had' been revoked. Because no record of Davidhizar receiving a permit has been found. Veach explains there was nothing to revoke. Legal action will be filed by ■ early next week against Davidhizar for not complying with the county's demands. Also, at the November 13 meeting of the Milford Town Council,another of Davidhizar’s properties was found to remain in violation of the town's order to repair and/or remove the unsafe portions of the house located at 212 E. Fourth Street. The council voted to allow the town to complete the repairs and bill Davidhizar for the expenses.

of ten-inch storm sewer lines at the corner of Catherine and West Streets. •A water rate study to be com-, pleted by Baxter and Woodman at a cost of $3,500 was approved by the council. •Council members were required to choose a long distance service for the pay phone which stands in front of the town hall. They selected AT&T. •Council members agreed to support efforts to retain an Amtrak stop in the county, specifically at the Milford Junction.