Syracuse Finds Its Hands Tied In Dealing With Dam Repairs
Posted
Denise Federow-
SYRACUSE – The buck doesn’t seem to stop anywhere when it comes to who’s responsible for the dam at Crosson Mill Park in Syracuse.
Town officials were informed a while back that the dam needs to be repaired or it will fail, but the town recently learned that they cannot spend town money to fix the dam since they don’t own it.
Town Manager Mike Noe read a press release stating that the “town of Syracuse has been working with government agencies, senators, legislators and other interested parties to determine the issue of repair and ownership of the lake level control device (dam) located on Turkey Creek just west of SR 13 in Syracuse.”
The press release stated that the town manager and town council were aware that the town had entered into an agreement with the Department of Natural Resources in 1992 to monitor and control the water level maintained by the dam. However, upon research by the local town attorney and a title company it was determined that the dam and surrounding area was still vested in the original owners and heirs of Samuel Crosson and Henry Ward, dating back to 1837, and there’s been no indication that title has ever been transferred.
The town previously spent $80,000 trying to identify and solve repair issues. In August concerned residents came to the council and were recruited to start a committee to research funding options.
Councilman Larry Siegel met with DNR officials in March and the press release stated that the DNR did not want to assume ownership and said they had no funds to rehabilitate the dam. Siegel was told by the State Board of Accounts and the Department of Local Government Finance that the town had no authority to spend money to fix the dam because they don’t own it. Town officials said Senator Blake Doriot has been helpful in suggesting ways to access funds but other state officials “pulled the rug out from under us,” Siegel said.
Noe finished reading the press release, “In conclusion, the town has gone to extreme lengths to try to resolve the water level control device issue. After spending significant funds, the town has come to realize it does not have the authority to maintain the dam. The representatives of the town will continue to seek assistance and ask all interested parties to find a solution to the repair of this valuable community asset.”
Members of the committee – John Earnest, Bob Pipp and Jim Silcox – were present and spoke during the public comment section and Earnest gave the council a timeline of their efforts to get funding. Earnest said they originally thought the cost could be split between the town, the township and the state but the township only has an annual budget of $230,000. Earnest said they indicated they may be able to reappropriate $15,000 a year to maintain the dam. There are no matching funds from the DNR, but the county drainage board came out and said they are probably responsible for some of it.
Earnest reported some funding amounts raised or committed and said the question was how to close the gap.
Pipp said, “My primary concern is the immediate needs of the dam.”
He said rather than spending an additional $20,000 to pay lawyers, he said he spoke to two to three lawyers who have a connection to the lake and he said they said “the chances of changing ownership is zero.” Pipp went on to say the town has maintained and assumed ownership for 27 years, but was interrupted by Council member Tom Hoover and Siegel who argued that the town does not own the dam.
Siegel said, “No one owns it. In the State of Indiana you have to have a deed or a title – it’s not a matter of ownership anymore, but one of who has the authority to repair the dam.”
Siegel said he was told more than once that the town has no more right to fix the dam than it does to repair a state highway. He suggested the county or the drainage board might have the authority though. He also said they might have to set up a conservancy district and the county might have to authorize that.
Pipp said they are poised to spend $15,000 to set up a conservancy district, and if that were the route they needed to go they should get busy as it takes two years.
Some representatives from the county were present including Sue Mitchell, president of Kosciusko County Council, who said she can’t guarantee the county has the authority either, but the drainage board has the authority from the toe of the creek down, but no authority from the drain back or for the dam structure.
Mitchell said representatives from the county drainage board who looked at the project estimated the portion they could repair was $50,000 to $70,000 and they “had good information and a plan.”
County representatives also suggested applying for an emergency mitigation grant through emergency management but the next time to apply would be August.
Siegel shared that he spoke to people at Sylvan Lake who went through something similar and they told him not to press the issue with DNR because if they are told it’s an imminent danger they’d come and drain it.
Jim Silcox gave a speech about the dam being the “crown jewel” of the town and that it represented the best boating and fishing in the state, international ice boating and lots of businesses.
“Hundreds of businesses wouldn’t be here without the dam so why are we running away from it? If we had the authority and we got the funding, why wouldn’t we want it?” he asked. “When the dam fails – and it’s imminent – how do we explain that to the businesses? Maybe the council should consider embracing it and find a way to get on with it instead of pointing fingers. Why don’t we say let’s own this dam thing, it’s ours?”
Siegel agreed that the assessed values of homes were higher because of the lake and that the dam holds up six feet of water and if it failed, Syracuse Lake and Wawasee Lake wouldn’t be connected anymore.
“It isn’t just the gem of the town; it’s the gem of the county and the township.”
After more discussion it was decided that all parties should work together to do whatever is necessary to get the dam fixed. Siegel said if the drainage board can fix some of the retaining wall issues, that would help hold off some of the issues until a conservancy district is set up.
Council President Larry Martindale suggested people could donate to the Syracuse Wawasee Park Foundation and that those funds could be disbursed to whoever ends up fixing it.
In other business, the council:
• Read an Arbor Day proclamation for April 26.
• Passed an ordinance for additional appropriations for $20,000 for professional services.
• Approved renewing tax abatements for Polywood and Driven Innovations.
• Started interviewing replacements for a retiring foreman at the wastewater plant.
• Approved PERF for all town employees, including elected officials.
• Heard a Safe Haven baby box is coming soon for the fire department.
• Heard fire station construction is coming to an end and an open house planned for May 8 from noon to 3 p.m.
• Heard the town hall and clerk’s office are closed for Good Friday.
