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A new county ordinance dealing with property issues concerning setbacks may take care of a road vacation case the Kosciusko County Commissioners heard Tuesday.
The ordinance, according to Kosciusko County Plan Commission Director Dan Richard, would change how the APC deals with setbacks on accesses that are not passable for vehicular traffic.
Tuesday's vacation request was from Phil Biehl and was to vacate a road right of way in Crestwood Subdivision, Tippecanoe Township. Richard told the commissioners the township trustee, Dick Mitchell, had recommended against the vacation because of lack of access by the local fire department, as had the APC.
The subdivision is on a lake, and the right of way, though not publicly maintained, Richard said, is a public right of way to the lake. "Some property owners who don't have access to water only have access with the road," he said.
Attorney Steve Snyder, speaking on behalf of the Biehls, said there are other areas in Crestwood that are for the use of non-lakefront owners to provide access to the lake.
The road, he said, has no provisions for turning around, and is used as a driveway for the two owners of the property adjacent to the right of way. He proposed an easement from the owners to allow the installation of a dry hydrant for use by the fire department.
Remonstrators said they use the road to walk to the lake, and that the road was set up originally 55 years ago to give every homeowner access to the lake.
After the public discussion, Richard and the commissioners talked quietly at the commissioners' table about the case until Snyder said, "If we're going to have more argument, I'd like to be able to at least hear what is being said."
Commissioner Brad Jackson said their discussion centered on reducing the setbacks on the property, which would eliminate the need to vacate the road.
The pending ordinance, said Ron Truex, commissioner, may affect the case, and if not, the commissioners can rehear the arguments.
The hearing for the ordinance is scheduled for Jan. 8, and for the Biehl vacation is set for March 25.
In other business, the commissioners:
• Gave Marlene Weller, retiring courthouse receptionist, a plaque and thanked her for her years of service.
• Unanimously approved, for the county highway department: a bid by Bellman Oil Co. Inc., Bremen, for $8,610 for diesel fuel for January and February, and for $8,490 for sealing oil for next summer; and bids by Seneca Petrol Co., Michigan City, for $79,128 for chip/seal oil, and for $99,036 for coal mixed asphalt.
• Approved a professional services agreement with Schneider Corp., Indianapolis, for GIS services.
• Approved the following county appointments: Area Plan director, Dan Richard, and assistant director, Matt Sandy; county administrator, Ron Robinson, and secretary, Nanette Newland; county attorney, Mike Miner; health department head, Robert Weaver; highway superintendent, Robert Ladson, and assistant, Dennis Pletcher; GIS, Bill Holder; KDI representative, Ron Truex; maintenance, Don Taylor; St. Joseph River Basin, Jon Roberts; systems administrator, Bob Momeyer, and assistant, Paul Henning; veteran officer, Mike Barnett; wage committee representative, Brad Jackson; and Warsaw Community Development Corp. representative, Avis Gunter. Positions are still unfilled for local emergency preparedness and weights and measures.
• Heard from Robinson that work is finishing up on the Justice Building expansion, and that he expects the sheriff's department to be able to move by the end of January. Robinson said he still must buy furniture for the sheriff's department.
He also said he will spend approximately $5,200 on new file cabinets for the county prosecutor's office because the old file cabinets don't fit into the new space. The old ones will be used by other departments as needed.
The county commissioners - Avis Gunter, Brad Jackson and Ron Truex - meet in the county courthouse at 9 a.m. every other Tuesday.
