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Even though the environmental benefits would be numerous and even though the Kosciusko County Area Plan Commission recommended the vacation, the Kosciusko County commissioners sided with remonstrators Tuesday and voted not to vacate the portion of CR 350N from CR 925E to the Whitley County line.
At least for now.
The Indiana Department of Natural Resources petitioned in November to vacate the portion of CR 350N. However, to give remonstrators more time, the commissioners tabled the vacation until their Tuesday meeting.
The gravel road extends approximately 6,280 feet between Ind. 5 on the east to Kosciusko CR 925E on the west. About 2,330 feet lie within Whitley County and 3,950 feet are within Kosciusko County.
According to Jed Pearson, fisheries biologist, Division of Fish and Wildlife, the DNR wants to vacate the portion of road to get rid of maintenance problems on the road by Durham and Pisgah lakes and to restore the integrity of the wetlands.
Nearly one-fourth of the portion of CR 350N within Kosciusko County lies within a sizeable wetland area and undergoes periodic flooding during heavy rain and from beaver activity around the culvert under the road. As a result, according to Pearson, the road requires constant maintenance, for which the public receives little benefit, and it is a safety hazard. The road also disrupts the natural integrity and value of the adjacent wetland, he said.
The DNR will still provide access to the lake and access won't be restricted.
The state owns the property on both sides of CR 350N and there are no abutting property owners. County roads to the north and south of CR 350N will provide alternate routes. CR 350N comes to a T intersection at Ind. 5.
Tuesday, Pearson said the DNR wants the road vacated for three reasons: economical, engineering and environmental. Vacating the road will restore the natural quality of the wetland. Trying to maintain the road requires constant replacement of fill, which is then constantly eroded.
Wetlands in Kosciusko County are limited and benefit the water supply, Pearson said. The wetland along CR 350N also has a lot of endangered wildlife that can't do well with a lot of human disturbance.
On behalf of the Tippecanoe Environmental Lake and Watershed Foundation Inc., attorney Steve Snyder spoke in favor of the vacation. He said the road constantly has standing water from year to year. By vacating the road, there will be some inconvenience to area residents but will not prevent them from getting to their properties. The area will not have urban development in the future, either, he said.
Traffic counts conducted by the Kosciusko County Highway Department, Snyder said, show the use of the road is not overly significant. "The only place affected directly is the Department of Natural Resources," he said.
Remonstrator Eleanor Vanator presented the commissioners with a petition of 425 people opposed to the road closing.
Other remonstrators said the road closing would be inconvenient.
"I think you do us a disservice as taxpayers if you close this road," said remonstrator Archie Hoffert.
God created man and woman, remonstrator Linda Slabaugh said, and then animals. Man was put in charge of animals, she said, and while she likes animals, she said sometimes man puts animals before man.
A letter from Tippecanoe Township Trustee Dick Mitchell said the road is used by the fire department and EMS.
Commissioner Avis Gunter made a motion to approve the vacation but there was no second and the motion died. Commissioner Ron Truex made the motion not to close the road at this time until there is proof that leaving the road open would present a safety hazard. Gunter seconded the motion. The motion was unanimously approved.
Commissioner Brad Jackson said his personal feelings were that once the road is closed, it will be closed permanently and there was little chance of it being reopened. Also, residents have lived in the area for many years with the assumption they will be able to use that road.
In other business, the commissioners:
• Approved the 2002 appointments including: Dan Richard, area plan commission director; Matt Sandy, APC director assistant; Robert Knudsen, Arrowhead RC&D; Phil Fozo, county Convention and Visitors Bureau; Bruce Shaffner and Carol Shelby, CVB; Ron Robinson, county administrator; Nanette Newland, county administrator secretary; Mike Miner, county attorney; Robert Weaver, county health department head; Robert Knudsen, county health department board; Robert Ladson, county highway superintendent; Dennis Pletcher, county highway assistant; Maurice McDaniel, drainage board; Bill Holder, GIS; Elsworth Everest, local emergency preparedness; Don Taylor, maintenance; Jon Roberts, St. Joseph River Basin; Bob Momeyer, systems administrator; Paul Henning, systems administrator assistant; Mike Barnett, veteran officer; J.D. Geiger, weights and measures; Gordon Vanator, Alcohol Beverage Commission; Ron Truex, Kosciusko Development Inc.; and Brad Jackson, wage committee.
• Approved a contract with Dr. Phil Jensen for jail physician services.
• Approved a GIS interlocal agreement with Warsaw.
• Approved the bid from Truck Norris Services for two trucks for the county highway department at approximately $88,000 each.
• Presented Veterans Service Officer Tom Everett with a letter thanking him for his service to the county.
The commissioners meet at 9 a.m. in the county courthouse every other Tuesday.
