Syracuse Council Plans To Enforce Ordinances On Books

June 22, 2023 at 12:05 a.m.
Syracuse Council Plans To Enforce Ordinances On Books
Syracuse Council Plans To Enforce Ordinances On Books

By Denise Federow-

SYRACUSE - Despite an impassioned plea by town residents Amelia and Michael Abramson to be allowed to keep their chickens, the Syracuse Town Council said Tuesday they’ll continue to enforce the town ordinance prohibiting farm animals in city limits.

Amelia Abramson, who lives at 301 W. High St., said they own chickens, and the code enforcement officer came about a month ago and told them they couldn’t have chickens, resulting in a “verbal dispute between the code enforcement officer and my husband.”

She said they ended up calling the police because the code enforcement officer wouldn’t leave their property and the situation caused their family emotional, physical and mental stress. Abramson read from a letter she brought.

“Everyone who pays property taxes should be allowed to do whatever they want on their property as long as it’s not hurting anyone,” she said.

She said they started a petition. “My family and others in the community find it constitutionally, logically and ethically wrong for a council to deny its citizens the right to own such animals — whether they’re pets or a food source.”

She became emotional as she read the letter and also cited the Declaration of Independence and said the town was denying them and the community the right to live a self-sustaining lifestyle. She said the chickens were mental support for her family and a learning environment for her homeschooled son, teaching him kindness and responsibility among other things, as well as an opportunity for 4-H.

She said she and her son have Native American ancestry and she wants to live that way. The reason the code enforcement officer gave them was health reasons like bird flu, but her research didn’t come up with any cases in the U.S.

She concluded, “We believe we have the right to own them and to provide for ourselves and our neighbors. For a local government to deny it’s community the right to provide for themselves and others should be shameful.”

Councilman Paul Stoelting asked how many chickens they have and she responded 10 but said when a couple of them reach maturity they plan to eat them.

Michael Abramson said there’s a lot of confusion in the community about whether chickens are allowed or not with most believing they are allowed.

Councilman Bill Musser asked, “Did it dawn on you to check the ordinance before you got the chickens?”

Michael admitted they hadn’t, saying, “We’ve lived here nine years and we’ve never had anyone tell us we couldn’t.”

He said they went a few years without chickens but now that they have them, “it’s hard to rip them away from my son.”

Council President Cindy Kaiser said other children live in the city limits and kept livestock outside the city limits so they can participate in 4-H.

Councilman Nathan Scherer thanked Amelia for sharing, acknowledging that it was hard for her to do.

“But ordinances affect the whole town and we have to balance that out — what’s best for the town collectively, not just individuals,” he said. “Not everyone feels the same as you do. I’m sympathetic and I hear you, but I feel if we have an ordinance we need to enforce it.”

Kaiser said this issue came up about six months ago and “we were all in agreement to keep the ordinance as it is.”

Stoelting said, “That was a tremendous presentation and I was very moved by it.”

He then added, “I wonder if we should have exceptions? Maybe limit the number? I’m just throwing it out there.”

Town Manager Dave Wilkinson said he’d been through this before in other communities and said farm animals include cows, pigs and horses, etc. “If you open it for one, you open it for all farm animals — just keep that in mind.”

Kaiser said they were over the allotted time and they’d look over the material they were given.

Jeremy Hardy, of Commonwealth Engineers, was present to receive approval for a contract with F.A. Wilhelm for water and sewer projects.

Wilkinson said he and Hardy and Utility Superintendent Mark Aurich met with the contractor because costs were higher than they anticipated so they worked out cost savings for the town by having some of the labor performed by town employees.

The three projects include post aeration at the plant at a cost of $261,067.33, Oakwood Lift Station at a cost of $879,332.98 and the Lakeside Water Loop at a cost of $1,112,368.01 for a total contract cost of $2,252,768.32.

Hardy told the council substantial completion should be in 180 days with final payment in 300 days, allowing for seeding in the spring.

The council approved the contract.

Wilkinson told the council, “Recently in the last few weeks a half dozen businesses were opening in town” and he said he’s finding out about them through social media.

He said, according to town ordinances, businesses are supposed to get a license from the clerk-treasurer. “As far as I can tell, that’s never happened.”

He said, according to the ordinance, they should pay a fee and renew the license annually.

Wilkinson said he thought it was important they start enforcing the ordinance “so we know who’s here.”

Town attorney Jay Rigdon concurred the ordinance is on the books but it doesn’t establish a fee so if they think they need it, they need to establish a fee, but “If you don’t need it then take it out.”

Scherer said he was “in favor of a nominal fee to create a cushion for economic development.” Stoelting also said he was in favor of a nominal fee and a registry so they could keep track of who’s in town and who’s leaving, etc.

Wilkinson and Musser asked about starting fresh with new businesses moving forward but Rigdon said it’s an annul renewal so all businesses would need to be included.

Clerk-Treasurer Virginia Cazier asked what if businesses don’t come in every year? Would they be fined? Wilkinson said, according to the ordinance, if they fail to come in for the annual renewal they could shut them down.

Rigdon suggested once they come up with the nominal fee to be licensed, that they send a letter to all businesses explaining that there’s been a lapse in enforcement. The council decided to start enforcing so as of Jan. 1, 2024, all businesses will need to get an annual license.

Although the council seemed to be in favor, they didn’t take action and asked Wilkinson to put it on the agenda for next month’s meeting.

Matt Meersman, director of the St. Joe River Basin Commission, came to the council and explained that Turkey Creek does feed into the Elkhart River, which goes into the St. Joe River. The commission was created by the state and each of the six counties which drain into the St. Joe have five members on the commission, including county commissioner, health officer, county surveyor, soil and water and executor of the largest community. He said since Warsaw doesn’t drain into the St. Joe, Syracuse is the next largest city in the county.

Kaiser is on the commission with Chad Jonsson, her substitute. Meersman was there looking for financial support, which he said is based on population.

“It’s gone from $140 the past several years to $141,” he said.

He shared, for the Syracuse area, they’ve monitored water quality and funded an urban forestry study and planted 50 trees to help take water off the storm sewer system.

Scherer said, “As important as water is in our area, I’d like to think we could do better than $141.”

He made a motion to give $500 and the council approved.

In other business, the council:

• Approved several annual tax abatement compliance forms, including for RIdgestone Development, Patrick Industries, Legacy Wood Products, Quality Engineering Services, Polywood and others.

• Approved having Middlebury Electric as low bidder to install 13 lights at the Tech Park at a cost of $21,400.

• Heard an upcoming park project is replacing the pavilion and restrooms at Henry Ward Park with construction slated to begin in mid-July.

• Approved the fire department’s purchase of the former Dr. Kauffman’s office building north of the station at a cost of $135,000.

• Approved the fire department’s purchase of eight Rapid Responder life jackets at a cost not to exceed $2,000.

• Heard July 1 is the 33rd annual Syracuse Fire Department Barbecue. Chicken and chops are $7 each and corn on the cob is $1 per ear. They’ll start selling from 10 a.m. until sold out.

SYRACUSE - Despite an impassioned plea by town residents Amelia and Michael Abramson to be allowed to keep their chickens, the Syracuse Town Council said Tuesday they’ll continue to enforce the town ordinance prohibiting farm animals in city limits.

Amelia Abramson, who lives at 301 W. High St., said they own chickens, and the code enforcement officer came about a month ago and told them they couldn’t have chickens, resulting in a “verbal dispute between the code enforcement officer and my husband.”

She said they ended up calling the police because the code enforcement officer wouldn’t leave their property and the situation caused their family emotional, physical and mental stress. Abramson read from a letter she brought.

“Everyone who pays property taxes should be allowed to do whatever they want on their property as long as it’s not hurting anyone,” she said.

She said they started a petition. “My family and others in the community find it constitutionally, logically and ethically wrong for a council to deny its citizens the right to own such animals — whether they’re pets or a food source.”

She became emotional as she read the letter and also cited the Declaration of Independence and said the town was denying them and the community the right to live a self-sustaining lifestyle. She said the chickens were mental support for her family and a learning environment for her homeschooled son, teaching him kindness and responsibility among other things, as well as an opportunity for 4-H.

She said she and her son have Native American ancestry and she wants to live that way. The reason the code enforcement officer gave them was health reasons like bird flu, but her research didn’t come up with any cases in the U.S.

She concluded, “We believe we have the right to own them and to provide for ourselves and our neighbors. For a local government to deny it’s community the right to provide for themselves and others should be shameful.”

Councilman Paul Stoelting asked how many chickens they have and she responded 10 but said when a couple of them reach maturity they plan to eat them.

Michael Abramson said there’s a lot of confusion in the community about whether chickens are allowed or not with most believing they are allowed.

Councilman Bill Musser asked, “Did it dawn on you to check the ordinance before you got the chickens?”

Michael admitted they hadn’t, saying, “We’ve lived here nine years and we’ve never had anyone tell us we couldn’t.”

He said they went a few years without chickens but now that they have them, “it’s hard to rip them away from my son.”

Council President Cindy Kaiser said other children live in the city limits and kept livestock outside the city limits so they can participate in 4-H.

Councilman Nathan Scherer thanked Amelia for sharing, acknowledging that it was hard for her to do.

“But ordinances affect the whole town and we have to balance that out — what’s best for the town collectively, not just individuals,” he said. “Not everyone feels the same as you do. I’m sympathetic and I hear you, but I feel if we have an ordinance we need to enforce it.”

Kaiser said this issue came up about six months ago and “we were all in agreement to keep the ordinance as it is.”

Stoelting said, “That was a tremendous presentation and I was very moved by it.”

He then added, “I wonder if we should have exceptions? Maybe limit the number? I’m just throwing it out there.”

Town Manager Dave Wilkinson said he’d been through this before in other communities and said farm animals include cows, pigs and horses, etc. “If you open it for one, you open it for all farm animals — just keep that in mind.”

Kaiser said they were over the allotted time and they’d look over the material they were given.

Jeremy Hardy, of Commonwealth Engineers, was present to receive approval for a contract with F.A. Wilhelm for water and sewer projects.

Wilkinson said he and Hardy and Utility Superintendent Mark Aurich met with the contractor because costs were higher than they anticipated so they worked out cost savings for the town by having some of the labor performed by town employees.

The three projects include post aeration at the plant at a cost of $261,067.33, Oakwood Lift Station at a cost of $879,332.98 and the Lakeside Water Loop at a cost of $1,112,368.01 for a total contract cost of $2,252,768.32.

Hardy told the council substantial completion should be in 180 days with final payment in 300 days, allowing for seeding in the spring.

The council approved the contract.

Wilkinson told the council, “Recently in the last few weeks a half dozen businesses were opening in town” and he said he’s finding out about them through social media.

He said, according to town ordinances, businesses are supposed to get a license from the clerk-treasurer. “As far as I can tell, that’s never happened.”

He said, according to the ordinance, they should pay a fee and renew the license annually.

Wilkinson said he thought it was important they start enforcing the ordinance “so we know who’s here.”

Town attorney Jay Rigdon concurred the ordinance is on the books but it doesn’t establish a fee so if they think they need it, they need to establish a fee, but “If you don’t need it then take it out.”

Scherer said he was “in favor of a nominal fee to create a cushion for economic development.” Stoelting also said he was in favor of a nominal fee and a registry so they could keep track of who’s in town and who’s leaving, etc.

Wilkinson and Musser asked about starting fresh with new businesses moving forward but Rigdon said it’s an annul renewal so all businesses would need to be included.

Clerk-Treasurer Virginia Cazier asked what if businesses don’t come in every year? Would they be fined? Wilkinson said, according to the ordinance, if they fail to come in for the annual renewal they could shut them down.

Rigdon suggested once they come up with the nominal fee to be licensed, that they send a letter to all businesses explaining that there’s been a lapse in enforcement. The council decided to start enforcing so as of Jan. 1, 2024, all businesses will need to get an annual license.

Although the council seemed to be in favor, they didn’t take action and asked Wilkinson to put it on the agenda for next month’s meeting.

Matt Meersman, director of the St. Joe River Basin Commission, came to the council and explained that Turkey Creek does feed into the Elkhart River, which goes into the St. Joe River. The commission was created by the state and each of the six counties which drain into the St. Joe have five members on the commission, including county commissioner, health officer, county surveyor, soil and water and executor of the largest community. He said since Warsaw doesn’t drain into the St. Joe, Syracuse is the next largest city in the county.

Kaiser is on the commission with Chad Jonsson, her substitute. Meersman was there looking for financial support, which he said is based on population.

“It’s gone from $140 the past several years to $141,” he said.

He shared, for the Syracuse area, they’ve monitored water quality and funded an urban forestry study and planted 50 trees to help take water off the storm sewer system.

Scherer said, “As important as water is in our area, I’d like to think we could do better than $141.”

He made a motion to give $500 and the council approved.

In other business, the council:

• Approved several annual tax abatement compliance forms, including for RIdgestone Development, Patrick Industries, Legacy Wood Products, Quality Engineering Services, Polywood and others.

• Approved having Middlebury Electric as low bidder to install 13 lights at the Tech Park at a cost of $21,400.

• Heard an upcoming park project is replacing the pavilion and restrooms at Henry Ward Park with construction slated to begin in mid-July.

• Approved the fire department’s purchase of the former Dr. Kauffman’s office building north of the station at a cost of $135,000.

• Approved the fire department’s purchase of eight Rapid Responder life jackets at a cost not to exceed $2,000.

• Heard July 1 is the 33rd annual Syracuse Fire Department Barbecue. Chicken and chops are $7 each and corn on the cob is $1 per ear. They’ll start selling from 10 a.m. until sold out.
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