meeting

Local Government Meetings

New Buffalo Times

Democracy Requires Transparency

CITY OF NEW BUFFALO JOHN HUMPHREY, MAYOR CITY COUNCIL LOU O’DONNELL, IV. MARK ROBERTSON, JOHN HUMPHREY, ROGER LIJESKI, BRIAN FLANAGAN City Council meets on the 3rd Monday of each month at 6:30PM CITY OF NEW BUFFALO PLANNING COMMISSION MEETINGS to be determined NEW BUFFALO TOWNSHIP BOARD PETE RAHM, MICHELLE HEIT, JUDY H. ZABICKI, PATTY IAZZETTO, JACK ROGERS Board meets on the 3rd Monday of each month at 7PM NEW BUFFALO TOWNSHIP PLANNING COMMISSION Meets on the 1st Tuesday of each month at 6:30PM

NEW BUFFALO AREA SCHOOLS BOARD CHUCK HEIT, PRESIDENT HEATHER BLACK, VICE PRESIDENT JOHN HASKINS, TREASURER LISA WERNER, SECRETARY JOYCE LANTZ, TRUSTEE FRANK MARGRO, TRUSTEE PATRICIA NEWSTON, TRUSTEE CHIKAMING TOWNSHIP CHIKAMING TOWNSHIP BOARD DAVID BUNTE, PAULA DUDIAK, LIZ RETTIG, RICHARD SULLIVAN, BILL MARSKE Chikaming Board meets on the 2nd Thursday of each month at 6:30PM CHIKAMING TOWNSHIP PLANNING COMMISSION Meets on the 1st Wednesday of each month at 6:30PM THREE OAKS THREE OAKS TOWNSHIP BOARD Meets on the 2nd Monday of each month at 7PM VILLAGE OF THREE OAKS BOARD Meets on the 2nd Wednesday of each month at 7PM GRAND BEACH VILLAGE OF GRAND BEACH COUNCIL Meets on the 3rd Wednesday of each month at 7PM MICHIANA VILLAGE OF MICHIANA COUNCIL Meets on the 2nd Friday of each month at 1PM

New Buffalo Shoreline Alliance seeks more participation in Army Corps of Engineers lawsuit at special meeting

Members of the New Buffalo Shoreline Alliance (NBSA) implored more lakefront property owners in the Village of Grand Beach to join in their fight against the Army Corps of Engineers at a meeting at Village Hall Thursday, Sept. 2.

A 501-C3 nonprofit corporation, NBSA is planning to file a lawsuit in federal court against the United States of America, alleging that the United States government, through the Army Corps of Engineers, designed and built a recreational harbor in New Buffalo “causing substantial harm to lakefront property owners south of the harbor for approximately threeplus miles, from the harbor through Grand Beach,” according to a statement that was handed out at the meeting. Damages include loss of beach, loss of property value and the cost of adding shoreline protection.

Ted Grzywacz NBSA president, said that they formed the organization after a 2014 Halloween storm to find a “nonlitigious” solution; however, after more than three years of working with the Army Corps and government agencies, NBSA decided to pursue litigation.

The lawsuit is a takings claim that is based on the Fifth Amendment (“a person may not be deprived of property by the government without due process of law and fair compensation”).

Only shoreline property owners

BY FRANCESCA SAGALA have the right and standing to sue for the “takings claim;” however, the statement said that “all lakefront property owners from the harbor south through Grand Beach suffered losses in property value when their beaches eroded” and needed to add expensive shoreline revetments.

“Our goal is to get money for what the government has unjustifiably taken from us by bad engineering when they built the harbor,” Grzywacz said.

NBSA has partnered O’Hagan Meyer out of Chicago, a law firm that’s familiar with a similar case out of Stevensville, the Banks Case, and arrived at a fixed fee arrangement that caps entire legal costs at $400,000.

If the lawsuit is won, proceeds will go into a Trust Fund that will be administered by the representatives/communities impacted. Funds will only be used for the purpose of sand nourishment and breakwaters. According to the statement, the “cost to implement our solution,” which includes the sand nourishment and the offshore breakwaters that will restore the beaches and shoreline, is large – which is why the majority of the lakefront property owners must join as plaintiffs to “maximize the award amount.”

Grzywacz said they’d like to go in with the lawsuit at $100 million, knowing they “probably have a chance to settle for $60 million” - which is a “guess estimate.” “If that came to fruition, we could build a pretty good lakefront,” he said. Grzywacz said that they hope to meet with engineers in January to find more details on the plan. NBSA was going to file the lawsuit earlier; however, it was advised by their counsel that more participation is sought by Grand Beach property owners. Grzywacz said the current plans calls for it to be filed by at least Thanksgiving “if not by the end of the year.”

All Homeowners Associations (HOA) from New Buffalo to Grand Beach are “onboard” with joining the lawsuit as plaintiffs, Grzywacz said. On Sept. 2, he said about 35 percent of Grand Beach property owners are onboard.

In February, the Grand Beach Village Council approved the village joining in the lawsuit as a plaintiff, as well as contributing $5,000, which would go toward legal fees. (Grzywacz said the Village of Michiana “dropped out” as a plaintiff. NBSA is requesting the lakefront property owners donate an amount of $4,000. It’s requested that property owners with deeded beach rights (but aren’t plaintiffs) make a $2,000 donation. Donations are tax deductible.

Ron Watson, NBSA secretary, said the strong data that the NBSA has collected played a role in why O’Hagan Meyer took the case for a $400,000 limit.

Grzywacz said the Corps testified in open court with depositions that said they “needed to nourish the beach for 50 years.”

“They said the harbor was going to reach equilibrium five years after it was built - as of 2020, the harbor hasn’t reached equilibrium,” he said.

A 2009 engineering study (of which Grand Beach was a big part) said that equilibrium would be reached in 2020.

Grzywacz said it’s anticipated the lawsuit will take two to three years.

Watson added that if no action is taken, there will likely be a lot more damage done.

“I think this is the solution for at least 50 years, it’s been done in a lot of different places, and it’s worked quite well,” he said.

Grzywacz concurred that not acting now could spell trouble for the future of lakefront properties.

“We’ve all put in these revetments and spent a bunch of money...The bottom line is in a couple years if we don’t do something, we’re all going to spend it again because the bottom is steepening, the toe stones are going to let loose, the rip-rap is going to come down and we’re going to have to put in new toe stones and build it back up,” he said.

For more information or to donate to NBSA, visit https:// newbuffaloshorelinealliance. org or contact newbuffaloshorelinealliance@ gmail.com.

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New Buffalo Times

LOCAL INTELLIGENCE — SINCE 1942 —

MANY THANKS...

Iwould like to thank all those who supported the New Buffalo Summer Day Camp this year. It was under difficult circumstances and uncertainties that several of us decided to try to resurrect the day camp after Covid had forced its cancellation for 2020. Because of the following and the support of parents and others, New Buffalo Summer Day Camp was able to safely operate and provide full-time care and enrichment activities to 70 New Buffalo and River Valley children and employ many young adults to run the program:

The Pokagon Fund, who generously funded the entire program and whose Board members supported my staff and me wholeheartedly. This camp would not have been possible without them.

New Buffalo Township Clerk Judith Zabicki, our Day Camp Organizational Representative, the other Township Board members, and the staff at New Buffalo Township who assisted me with all aspects of our state camp licensing requirements, all the purchasing for camp, payroll, and other necessary business functions. Also, to the Township Park staff who helped us with our afternoon trips to Memorial Park and splash pad.

St. John United Church of Christ, New Buffalo, who made their Frohne Hall available for us to use as our site.

River Valley Food Service Director, Jenny Jones, who was so willing and provided our campers with lunch and a snack every day of camp. She went above and beyond for our kids and coordinated everything even though we were located outside of her school district.

First Student Bus Company, in particular our drivers Bob Little and Jerry. They were so dependable and provided daily transportation to the park and splash pad and our special Friday field trips.

The City of New Buffalo, especially Chief Rich Killips and his staff, who helped us with any situation as it arose and we felt very secure knowing they were right next door as needed.

The New Buffalo Township Fire Department who set up such a fun demonstration for the kids with their fire equipment and lessons in fire safety. Also, a little bit of fun with the hoses on a hot summer day.

The Berrien County Sheriff’s Department and Deputy Troup who also did a great demonstration on safety for the campers and brought a car and equipment for all the kids to interact with.

Kristy Good, the New Buffalo Township Library Youth Services Director, who organized a fantastic book club and story time for our camp every week.

Dr. Gene Hwang and Medic One who assisted with our medical policies and state requirements.

And last, but not certainly not least, my terrific, energetic, and superb staff: Elliot Bourne, Olivia Bourne, Ryan Burian, Maegen Fatter, Jennifer Fiero, Erick Gaeta, Taylor Gibson, Keri Haskins, Lillian Haskins, Wade Haskins, Megan Honda, Emily Keller, Lauren Keller, Serenity Livengood, Karen Moreno, Madelyn Oman, Kaitlyn Rainwater, Jetzibeth Rodriguez, Brianna Schrader, Heather Sommers, Andrew Thomas, Dawn Trusha, Annekah Witter, and Jayden Witter. These individuals truly stepped up in a time where employees are hard to find and were dependable and energetic and who truly made this camp a success.

Also, many thanks to all the day campers and their families for entrusting us and our program with your children and we look forward to 2022!

Landmark Michigan City discount store closing

BY STAN MADDUX

They were like the stars on the popular TV show “American Pickers” years before the junk turned into treasure program hit the screens.

Kathy Kniola and her Dozens of Deals store on U.S. 20 near Johnson Road in Michigan City is going out of business.

Kniola said she has no other choice since her husband and partner in the landmark family run operation, Stan, passed away in November. “I hate to leave. I got a lot of good customers. They’re not happy about it either but it is what it is,” she said.

The Kniola’s operated the store offering a wide variety of garage sale type items for nearly 40 years.

Everything from used tools, bicycles, home furnishings, children’s toys, golf clubs, lawn mowers along with washers and dryers were purchased from estate sales and storage warehouses.

Hand me down merchandise as simple as a metal bucket also came from garage sales and individuals cleaning house.

Kniola said the items were brought back and repaired or cleaned up, if necessary, before given a price tag.

A fresh coat of paint was often all it took to catch a customer’s eye.

Other things like fresh farm eggs and live fishing bait were also found at the store.

Kniola said the biggest seller over the years were new containers of chlorine kept in stock for swimming pools.

She said the death of her 64-year-old husband forced her decision to shut the doors.

“It hurts. It really hurts,” she said.

Kniola said all of the merchandise has to be out of the store by the end of the year.

All items are being organized and marked down in price for a going out of business sale in late September and early October.

An auction is planned for what’s left.

Occasionally, Kniola said she and her husband came across odd things while looking for treasure in other peoples’ junk.

She said the most unusual and unexpected find, perhaps, were three safes containing foreign coins.

The safes were among the contents of a storage unit they purchased without knowing what was inside.

“It was worth some money that we were able to sell online. You don’t come across stuff like that very often,” she said.

The couple practically raised their children at the store and later visits came from grandchildren.

Her extended family are customers drawn by her friendly, down home personality calling her “mom” or “grandma.”

Kniola is not sure what her future holds but still healthy and with plenty of energy she plans to seek employment.

“I just want to thank all of my customers for being here and being faithful to us. Without them I wouldn’t be here and what I am today,” she said.