Letters to the Editor 06-09-1997
July 28, 2016 at 4:25 p.m.
By -
- Subdivision - Jackson Says Thanks - United Water - Zoning - Legion Responds - Kolbe Supported
Subdivision
Editor, Times-Union:Government officials wonder why the public doesn't get involved on issues. Well, one reason we can tell you from personal experience is because it is totally frustrating to have serious concerns and voice your opinions to only get a temporary pacification.
Let us be more specific. Last fall we were notified of the request to have the neighboring 10 acres of land rezoned for the purpose of a housing addition. Twenty neighboring farmers and landowners showed up at the hearings to voice their concerns. The area plan commission recommended the request be denied after performing their own test. The county commissioners unanimously denied the request. Fine. We thought the issue was over Wrong! After finding a loophole in the subdivision ordinance, the developer can deed the same property to his children, thus splitting up the property and in essence creating a housing addition. The land in question still has all the relevant concerns that were present last fall when the request for multi-housing was denied. This is obviously an intentional abuse of the ordinance and done solely to circumvent the decision made by the county commissioners last fall.
Our county farmland is being gobbled up for housing. Although there is a necessity for more housing, we need a considerate plan for the future of our county. The area plan department and our elected commissioners recognize this need. They also realize the current misuse of the children exemption of the subdivision ordinance. There are changes being considered but governmental rectifications are slow and many, many acres of precious farmland could be lost in the meantime. We need to plan now to protect our agricultural areas.
If you are concerned about the future of Kosciusko County please call the area plan department, our commissioners, Eddie Creighton, Avis Gunter and Brad Jackson. We will be attending the Tuesday morning commissioners' meeting to ask for an immediate freeze to the flagrant abuse of the system. We're not giving up; the voice of the public is still heard.
Larry and Mary Lou Plummer Warsaw
Jackson Says Thanks
Editor, Times-Union:I would like to thank the Leesburg Lions for opening their facility for us to have our first public meeting. I would also like to thank the people who took the time to attend the meeting. I feel we received a lot of valuable input, and even though we didn't all see eye to eye on the various issues, everyone conducted themselves in a professional manner. I feel the input we received will be valuable in decisions and future policies that the county is faced with. This was a good example of how people can play a part in their government. I encourage everyone to be involved in issues they feel strongly about, not only at a local level but on the state and federal levels as well. Don't believe in the myth that your voice won't be heard; this is a freedom that many people fought and died to preserve and I encourage you to use it.
Brad Jackson County Commissioner
United Water
Editor, Times-Union:This letter is in response to the letters of June 5 from Ted Heaton and Ken Stenstrom. I think there is a misunderstanding concerning the user fees for the potential use of fire hydrants.
In the past, everyone in the city of Warsaw, whether or not they were a United Water customer, paid taxes to cover fire hydrant rental. The City Council, not Mayor Wiggins, made the decision to eliminate the tax from people who were not United Water customers and cannot benefit from the service of a fire hydrant.
Mr. Stenstrom also stated Ernie Wiggins has not proved himself an adequate mayor to this point. Warsaw was blessed with a person who was experienced enough to step in and take over after Jeff Plank's resignation. Ernie Wiggins has done an excellent job as mayor. In my opinion he has proven himself and will continue to do an excellent job as mayor for the city of Warsaw.
Jerry Patterson Warsaw City Council
Zoning
Editor, Times-Union:This is to advise the residents of Kosciusko County prime farm ground is being lost every day. Our farm ground is a precious commodity we can't afford to lose. Once it is gone, it cannot be replaced. We are losing ground through a loophole in the law. This ordinance was intended for farmers to be able to deed ground to their children; it was not intended to circumvent decisions made by the county commissioners.
Six months ago, a petition was made to rezone ground southeast of Chapman Lake from AG I to AG II. The reason was to change current use of the ground from farming to multiple housing. After a study of the ground was completed, it was determined the ground was unsuitable for multiple housing. The Zoning Board unanimously recommended against rezoning, primarily due to poor drainage and to incompatibility with the current use of the ground (i.e., putting a city block in the middle of a bean field). The county commissioners also unanimously turned down the request for rezoning. We, the neighboring land owners, were advised by the planning commission the petitioner could re-file a request to rezone in one year. However, due to the study results, it was not likely this ground could be rezoned.
Only recently, we became aware of this "known" loophole in the law. Now there are plans for this ground to be developed into multiple homesites. The same ground was deemed unsuitable six months ago; nothing has changed except the method for subdivision.
The ordinance in question has been a problem for some time. It is currently being revised to close the loophole. However, this is in the process of being re-written and it takes a long time for government to study a problem. In the meantime, we are losing precious farm ground every day. According to the local planning commission, abuse of this ordinance has stepped up in recent months. Careful consideration must be given to create a long-term plan for growth in our county. We do not need a checkerboard approach to zoning. We do not need to thoughtlessly continue losing productive farm ground.
Additionally, this activity has done nothing but make a mockery of our local government and to undermine decisions made by our county commissioners and zoning board. Please call the county commissioners (Avis Gunter, Ed Creighton and Brad Jackson). Tell them this type of activity is unacceptable. Ask them to bring this activity to a halt now. Do not allow further exploitation of the land to continue another day.
Jan Martin Warsaw
Legion Responds
Editor, Times-Union:After reading the letter titled "Legion Dispute," I felt compelled to reply. If I understand, the Scotts and Millers found their first problem was their property being trespassed upon, so they took court action. In March, an out-of-county court ordered the American Legion to tear down the offending six feet of deck, but the Legion's compliance with the court order wasn't enough to satisfy the retreat; more problems had arisen.
I will take a direct quote from a letter dated April 24, 1997, from the retreat's lawyer to the American Legion lawyer. "The problem my clients have with the deck is related, only indirectly, to the fact that it extends onto the retreat's property by approximately six feet. Ever since the deck was completed, the drinking, partying and entertaining done on it have directly interfered with the retreat's attempt to operate a quiet, Christian retreat center." I personally have been attending Christian retreats since 1957 and many have been at Oakwood Park in Syracuse. There are surrounding lake activities of many types and I never had a problem with other people pursuing their activities, while I was pursuing mine at these retreats. Also, an additional point I will mention here is the fact that on many a Friday and Saturday evening, I have enjoyed quiet conversations and shared lovely God-given outdoor beauty by adjourning to the deck area of the Legion (I have been a member of the Christian community from about 1951 and a Legion member since 1984). As an auxiliary member I have been directly or indirectly involved with Legion activities that reads like a list of Corporal Works of Mercy. I find no conflict of Legion activities and my Christian teachings.
Next problem is the Legion should be responsible for the upkeep of the retreat's parking lot and driveway. As an owner of business property, I find this interesting. Never have I felt that my business neighbor on either side of me was responsible for my property even though their customers used my property to get to their business. Nor have I ever been approached by my neighbors in person or by a letter to the editor to pay for his/her upkeep so my clients could use their property to get to my establishment. What a business nightmare this concept could become.
A quote from the letter to the editor states: "Next, our lawyer agreed to donate almost $4,000 of his fee if the Legion would close in the structure and agree to lease the land. Their response was a decision to tear down per court order." I fail to see a problem in compliance with a court order and I also fail to see a correlation of reduced fee only if the Legion doesn't tear off the structure, but instead chooses the retreat's latest lease arrangement which reads and again I quote from the April 24 letter. "If a practical method of resolving the noise and smoke generated from the deck can be accomplished, my clients would be willing to lease the area where the deck is presently trespassing on the retreat's property for a period of 15 years at a nominal charge of $1 per year with the specific clauses in the lease regarding the retreat's right to evict the Legion if problems with the deck, parking area, or other problems arise in the future." From the above list of problems, the phrase "other problems" could boggle the sharpest of minds.
My last observation is in reference to the statement "We are not trying to change the activities of the Legion or infringe on their rights." What happened to the Legion's right to enjoy God's outdoor creations on Legion property? The last time I checked, the right to assemble and make a joyful noise was not a crime against the state nor a sin against God. These Legionaries fought to keep our county free from all types of oppression and our court upheld these principles. Why can't our neighbors?
Diana J. Welker Warsaw
Kolbe Supported
Editor, Times-Union:I normally enjoy reading the "Letters to the Editor" to get a feel for what is going on in the hearts and minds of the readers in this community. However, lately I have become increasingly disturbed by the apparent efforts to discredit our prosecuting attorney, David Kolbe.
Last week a letter implied that it was because of David Kolbe that some convicted offenders had received early release from lengthy sentences, and that those releases would put the community at risk. Then last night another writer addressed the same issue, but took the view that the judges who ordered the release were compassionate, unlike Mr. Kolbe. It can't be had both ways. I'm not a lawyer, and do not know the inner workings of these kinds of decisions, so don't really know whether it is Mr. Kolbe or the judges who ordered the releases ] or both. But these two opposing viewpoints cannot thoughtfully be assigned to the same individual.
I keep thinking of the Scripture where Christ declared, "Let him who is without sin among you cast the first stone." Mistakes can be made ] yes, even by prosecuting attorneys and judges ] but they are human, just as you and I. The difference is that their decisions impact many more people and are highly visible. And, too, these officials have access to much more information than is ever available to the public that would cause them to make a decision that could seem incomprehensible to those who don't have this privileged information. This could account for some of the many previous letters castigating Mr. Kolbe and the decisions that have been made by him in his role as prosecuting attorney.
I am sure that Mr. Kolbe, who is a devoted father and husband, does not want felons running loose to terrorize the community where he and his family live. But he has intricate laws and regulations to follow and I personally am convinced that he is trying to do the best possible job in a very difficult situation. And I see nothing good to be gained from the continuing barrage of negative comments concerning his efforts at being an effective and honest prosecuting attorney who was elected to his post by a substantial majority of thinking citizens. If, when his term in office is complete, his record is such that he is not re-elected, so be it. But don't keep trying to destory the dignity of a caring person who chose to serve his community because he thought he could make a difference.
Loraine Engelberth Pierceton
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- Subdivision - Jackson Says Thanks - United Water - Zoning - Legion Responds - Kolbe Supported
Subdivision
Editor, Times-Union:Government officials wonder why the public doesn't get involved on issues. Well, one reason we can tell you from personal experience is because it is totally frustrating to have serious concerns and voice your opinions to only get a temporary pacification.
Let us be more specific. Last fall we were notified of the request to have the neighboring 10 acres of land rezoned for the purpose of a housing addition. Twenty neighboring farmers and landowners showed up at the hearings to voice their concerns. The area plan commission recommended the request be denied after performing their own test. The county commissioners unanimously denied the request. Fine. We thought the issue was over Wrong! After finding a loophole in the subdivision ordinance, the developer can deed the same property to his children, thus splitting up the property and in essence creating a housing addition. The land in question still has all the relevant concerns that were present last fall when the request for multi-housing was denied. This is obviously an intentional abuse of the ordinance and done solely to circumvent the decision made by the county commissioners last fall.
Our county farmland is being gobbled up for housing. Although there is a necessity for more housing, we need a considerate plan for the future of our county. The area plan department and our elected commissioners recognize this need. They also realize the current misuse of the children exemption of the subdivision ordinance. There are changes being considered but governmental rectifications are slow and many, many acres of precious farmland could be lost in the meantime. We need to plan now to protect our agricultural areas.
If you are concerned about the future of Kosciusko County please call the area plan department, our commissioners, Eddie Creighton, Avis Gunter and Brad Jackson. We will be attending the Tuesday morning commissioners' meeting to ask for an immediate freeze to the flagrant abuse of the system. We're not giving up; the voice of the public is still heard.
Larry and Mary Lou Plummer Warsaw
Jackson Says Thanks
Editor, Times-Union:I would like to thank the Leesburg Lions for opening their facility for us to have our first public meeting. I would also like to thank the people who took the time to attend the meeting. I feel we received a lot of valuable input, and even though we didn't all see eye to eye on the various issues, everyone conducted themselves in a professional manner. I feel the input we received will be valuable in decisions and future policies that the county is faced with. This was a good example of how people can play a part in their government. I encourage everyone to be involved in issues they feel strongly about, not only at a local level but on the state and federal levels as well. Don't believe in the myth that your voice won't be heard; this is a freedom that many people fought and died to preserve and I encourage you to use it.
Brad Jackson County Commissioner
United Water
Editor, Times-Union:This letter is in response to the letters of June 5 from Ted Heaton and Ken Stenstrom. I think there is a misunderstanding concerning the user fees for the potential use of fire hydrants.
In the past, everyone in the city of Warsaw, whether or not they were a United Water customer, paid taxes to cover fire hydrant rental. The City Council, not Mayor Wiggins, made the decision to eliminate the tax from people who were not United Water customers and cannot benefit from the service of a fire hydrant.
Mr. Stenstrom also stated Ernie Wiggins has not proved himself an adequate mayor to this point. Warsaw was blessed with a person who was experienced enough to step in and take over after Jeff Plank's resignation. Ernie Wiggins has done an excellent job as mayor. In my opinion he has proven himself and will continue to do an excellent job as mayor for the city of Warsaw.
Jerry Patterson Warsaw City Council
Zoning
Editor, Times-Union:This is to advise the residents of Kosciusko County prime farm ground is being lost every day. Our farm ground is a precious commodity we can't afford to lose. Once it is gone, it cannot be replaced. We are losing ground through a loophole in the law. This ordinance was intended for farmers to be able to deed ground to their children; it was not intended to circumvent decisions made by the county commissioners.
Six months ago, a petition was made to rezone ground southeast of Chapman Lake from AG I to AG II. The reason was to change current use of the ground from farming to multiple housing. After a study of the ground was completed, it was determined the ground was unsuitable for multiple housing. The Zoning Board unanimously recommended against rezoning, primarily due to poor drainage and to incompatibility with the current use of the ground (i.e., putting a city block in the middle of a bean field). The county commissioners also unanimously turned down the request for rezoning. We, the neighboring land owners, were advised by the planning commission the petitioner could re-file a request to rezone in one year. However, due to the study results, it was not likely this ground could be rezoned.
Only recently, we became aware of this "known" loophole in the law. Now there are plans for this ground to be developed into multiple homesites. The same ground was deemed unsuitable six months ago; nothing has changed except the method for subdivision.
The ordinance in question has been a problem for some time. It is currently being revised to close the loophole. However, this is in the process of being re-written and it takes a long time for government to study a problem. In the meantime, we are losing precious farm ground every day. According to the local planning commission, abuse of this ordinance has stepped up in recent months. Careful consideration must be given to create a long-term plan for growth in our county. We do not need a checkerboard approach to zoning. We do not need to thoughtlessly continue losing productive farm ground.
Additionally, this activity has done nothing but make a mockery of our local government and to undermine decisions made by our county commissioners and zoning board. Please call the county commissioners (Avis Gunter, Ed Creighton and Brad Jackson). Tell them this type of activity is unacceptable. Ask them to bring this activity to a halt now. Do not allow further exploitation of the land to continue another day.
Jan Martin Warsaw
Legion Responds
Editor, Times-Union:After reading the letter titled "Legion Dispute," I felt compelled to reply. If I understand, the Scotts and Millers found their first problem was their property being trespassed upon, so they took court action. In March, an out-of-county court ordered the American Legion to tear down the offending six feet of deck, but the Legion's compliance with the court order wasn't enough to satisfy the retreat; more problems had arisen.
I will take a direct quote from a letter dated April 24, 1997, from the retreat's lawyer to the American Legion lawyer. "The problem my clients have with the deck is related, only indirectly, to the fact that it extends onto the retreat's property by approximately six feet. Ever since the deck was completed, the drinking, partying and entertaining done on it have directly interfered with the retreat's attempt to operate a quiet, Christian retreat center." I personally have been attending Christian retreats since 1957 and many have been at Oakwood Park in Syracuse. There are surrounding lake activities of many types and I never had a problem with other people pursuing their activities, while I was pursuing mine at these retreats. Also, an additional point I will mention here is the fact that on many a Friday and Saturday evening, I have enjoyed quiet conversations and shared lovely God-given outdoor beauty by adjourning to the deck area of the Legion (I have been a member of the Christian community from about 1951 and a Legion member since 1984). As an auxiliary member I have been directly or indirectly involved with Legion activities that reads like a list of Corporal Works of Mercy. I find no conflict of Legion activities and my Christian teachings.
Next problem is the Legion should be responsible for the upkeep of the retreat's parking lot and driveway. As an owner of business property, I find this interesting. Never have I felt that my business neighbor on either side of me was responsible for my property even though their customers used my property to get to their business. Nor have I ever been approached by my neighbors in person or by a letter to the editor to pay for his/her upkeep so my clients could use their property to get to my establishment. What a business nightmare this concept could become.
A quote from the letter to the editor states: "Next, our lawyer agreed to donate almost $4,000 of his fee if the Legion would close in the structure and agree to lease the land. Their response was a decision to tear down per court order." I fail to see a problem in compliance with a court order and I also fail to see a correlation of reduced fee only if the Legion doesn't tear off the structure, but instead chooses the retreat's latest lease arrangement which reads and again I quote from the April 24 letter. "If a practical method of resolving the noise and smoke generated from the deck can be accomplished, my clients would be willing to lease the area where the deck is presently trespassing on the retreat's property for a period of 15 years at a nominal charge of $1 per year with the specific clauses in the lease regarding the retreat's right to evict the Legion if problems with the deck, parking area, or other problems arise in the future." From the above list of problems, the phrase "other problems" could boggle the sharpest of minds.
My last observation is in reference to the statement "We are not trying to change the activities of the Legion or infringe on their rights." What happened to the Legion's right to enjoy God's outdoor creations on Legion property? The last time I checked, the right to assemble and make a joyful noise was not a crime against the state nor a sin against God. These Legionaries fought to keep our county free from all types of oppression and our court upheld these principles. Why can't our neighbors?
Diana J. Welker Warsaw
Kolbe Supported
Editor, Times-Union:I normally enjoy reading the "Letters to the Editor" to get a feel for what is going on in the hearts and minds of the readers in this community. However, lately I have become increasingly disturbed by the apparent efforts to discredit our prosecuting attorney, David Kolbe.
Last week a letter implied that it was because of David Kolbe that some convicted offenders had received early release from lengthy sentences, and that those releases would put the community at risk. Then last night another writer addressed the same issue, but took the view that the judges who ordered the release were compassionate, unlike Mr. Kolbe. It can't be had both ways. I'm not a lawyer, and do not know the inner workings of these kinds of decisions, so don't really know whether it is Mr. Kolbe or the judges who ordered the releases ] or both. But these two opposing viewpoints cannot thoughtfully be assigned to the same individual.
I keep thinking of the Scripture where Christ declared, "Let him who is without sin among you cast the first stone." Mistakes can be made ] yes, even by prosecuting attorneys and judges ] but they are human, just as you and I. The difference is that their decisions impact many more people and are highly visible. And, too, these officials have access to much more information than is ever available to the public that would cause them to make a decision that could seem incomprehensible to those who don't have this privileged information. This could account for some of the many previous letters castigating Mr. Kolbe and the decisions that have been made by him in his role as prosecuting attorney.
I am sure that Mr. Kolbe, who is a devoted father and husband, does not want felons running loose to terrorize the community where he and his family live. But he has intricate laws and regulations to follow and I personally am convinced that he is trying to do the best possible job in a very difficult situation. And I see nothing good to be gained from the continuing barrage of negative comments concerning his efforts at being an effective and honest prosecuting attorney who was elected to his post by a substantial majority of thinking citizens. If, when his term in office is complete, his record is such that he is not re-elected, so be it. But don't keep trying to destory the dignity of a caring person who chose to serve his community because he thought he could make a difference.
Loraine Engelberth Pierceton
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