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CHICAGO • LONG BEACH • MICHIANA SHORES • GRAND BEACH • NEW BUFFALO • UNION PIER • THREE OAKS • LAKESIDE • HARBERT • SAWYER issue 48, volume 80
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Thursday, December 2, 2021
New Buffalo City Council adopts ordinance prohibiting new short-term rentals in residential districts PAGE 4 High hopes for Bison in basketball PAGE 8 New Buffalo gymnast meets Mary Lou Retton after placing first in competition PAGE 10
New Buffalo Christmas tree is officially lit PAGE 10 Back to normal Santa Parade doesn’t miss a beat PAGE 18
WHAT’S YOUR FAVORITE COLOR...
CHRISTMAS ARRIVED IN THREE OAKS DURING ANNUAL ‘SNOWFLAKE STROLL’ — PAGES 12-13 —
PHOTO OF BUDDY THE ELF POSING WITH TYLER REAM AND SHARON CHRISTNER BY FRANCESCA SAGALA
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New Buffalo Times LOCAL INTELLIGENCE — SINCE 1942 —
ETHICS SOCIETY OF PROFESSIONAL JOURNALISM MICHIGAN PRESS ASSOCIATION MEMBER PROPRIETOR NEW BUFFALO TIMES, INC. EDITOR NEW BUFFALO TIMES INTELLIGENCE EDITORIAL BOARD CREATIVE DIRECTOR JOE DURK REPORTERS/WRITERS THERESE DONNELLY FRANCESCA SAGALA LAWRENCE VON EBELER KURT MARGGRAF ALEXANDER FATOUROS SOPHIA ROSE FATOUROS STAN MADDUX KRISTIN E. FATOUROS NEW BUFFALO TIMES INTELLIGENCE NEW BUFFALO TIMES POLITICS GUESTS QUOTES DINO N. FATOUROS PROOFING FRANCESCA SAGALA BROADCAST/ADVERTISING JANINE ADAMSKI (630) 370-0820 OR JANINEADAMSKI@GMAIL.COM SUGGESTIONS, CRITICISM, IDEAS MEDIA@NEWBUFFALOTIMES.COM ADVERTISING MEDIA@NEWBUFFALOTIMES.COM CLASSIFIED ADS
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THURSDAY, DECEMBER 2, 2021
Upcoming COVID-19 vaccine clinics at Berrien County Health Department BCHD CONTINUES OFFERING VACCINES TO CHILDREN, FIRST SHOTS AND BOOSTERS FOR ALL ADULTS
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he Berrien County Health Department will begin providing COVID-19 booster shots to all adults and continuing first and second dose clinics for adults and for children ages 5 to 11. Parents and guardians wishing to protect children over the age of 5 or adults wanting a COVID-19 booster may schedule an appointment online at bchdmi.org/covid19. A parent or guardian must provide consent before any minor under the age of 18 may receive their vaccination. The Health Department also has a clinic for adults wanting a booster or first dose available as soon as Tuesday, Dec. 7, in Benton Harbor. All vaccine brands will be available. Additional vaccine clinics are available in Benton Harbor and Niles in December and January, with more to be scheduled as demand requires. Clinics for ages 12 and up at the Niles office are available but are walk-in only – no scheduling necessary. Walk-in hours for these clinics are from 4 to 6 p.m.
Wednesday, Dec. 8 and 15. “We’re urging families and adults to consider vaccinating their children and getting a booster for themselves,” said Guy Miller, interim health officer for the Berrien County Health Department. “Researchers have found the COVID-19 vaccinations and boosters to be safe and beneficial to reducing COVID-19 transmission in our community and keeping vulnerable individuals safe, particularly as families and friends gather to celebrate the holidays.”
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ppointments are available online for selfscheduling for Pfizer and Moderna vaccines, as well as Johnson & Johnson/Janssen vaccine at bchdmi. org/covid19. Residents with limited internet access are encouraged to call the Berrien County Health Department at800-815-5485 for assistance in scheduling an appointment. — STAFF REPORTS
Kindness is significant infinity. — Dino
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ARREST IN MORNING BANK ROBBERY
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bank in Michigan City was robbed Monday, Nov. 29, for the second time in two months. A customer at the bank witnessing the hold-up helped police quickly close in on the fleeing suspect and make the arrest. The robbery, which occurred at about 10 a.m., occurred at Horizon Bank at 5th and Franklin streets on the city’s north end. Paul Farkas, 52, of Hobart is charged with Level 5 Felony Robbery. Mike Hess of Michigan City said he went inside the bank to cash a check when he saw a visibly upset teller speaking to a man who he thought was a customer. Hess said he didn’t suspect a robbery was taking place until the teller, who became more frantic, placed her hands up in the air. Hess said he then approached other employees inside the bank about what was happening but they remained silent. “Everybody was just dead stone quiet,” he said. A few seconds later, Hess said the man walked out of the bank with a bag and he called 911 before following the suspect on foot. Hess said he stayed about 90 feet behind the suspect as he veered down an alley while keeping the 911 dispatcher communicating with police updated on their location. “He never tried to run or anything like that,” he said. The man was soon taken into custody at gunpoint about two blocks away outside Flanigan Tire at 6th and Washington streets. Police said evidence from the robbery was also discovered. The same Horizon Bank branch was robbed Sept. 30. Police said there’s been no arrest for that hold-up, which remains under investigation. — STAN MADDUX
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THURSDAY, DECEMBER 2, 2021
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
New Buffalo City Council adopts ordinance prohibiting new short-term rentals in residential districts
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BY FRANCESCA SAGALA
embers of the New in a municipality, you are entering Buffalo City Council into a de facto social contract with adopted an ordinance that municipality that you will abide that prohibits new by the rules and regulations of that short-term rentals in municipality.” the city’s R-1, R-2 and R-3 residential He said that the city is in a current districts at a special meeting held at the situation where “we have been issuing fire house Tuesday, Nov. 23. permits for something that was never Councilmembers adopted Ordinance declared a lawful use.” 253 in a 3-0 vote, with members “We should not be interpreting our Lou O’Donnell, and statutes…Statutes are “What this Mark Robertson (who written, and they are ordinance does was recovering from what they are - we must is move this town a medical procedure) define what these are forward to regulate absent. and figure out how we’re the number of Per its official going to manage it,” rentals and give language, the ordinance Humphrey added. some equity to amends sections 2-3, Humphrey said the people who live 6-2, 7-2 and 8-2, and problems with short-term here and businesses rentals began in 2018. adds a new section and that you won’t 20-8 to the New Buffalo In March 2019, the be dealing with Zoning Ordinance to former city council unfathomable “prohibit new short-term passed a short-term amounts of people,” rental ordinance; rentals in the R-1, R-2, Humphrey said. and R-3 zoning districts.” however, Humphrey said The ordinance also it got to the point where “provides that short-term rental what they passed “wasn’t working.” activity is generally allowed in singleIn May 2020, the council passed a family and other dwelling units, subject moratorium on the issuance of new to the regulations contained in the City short-term rental permits. Code,” as well as that “new short-term In October, the council approved the rentals would continue to be allowed in moratorium ending Dec. 13, which will all other zoning districts that contain be for the non-residential districts. dwelling units.” Humphrey said the section of the The ordinance will also “regulate moratorium on why it was put into existing short-term rentals in the place says that “in order to lift the R-2, R-2, and R-3 districts as legally moratorium, we must meet those nonconforming uses.” conditions, or we would not be doing Mayor John Humphrey spoke on what our job.” the ordinance “is and what it isn’t.” “What this ordinance does is move Regarding property rights, this town forward to regulate the Humphrey said when “you buy a home number of rentals and give some equity
to people who live here and businesses and that you won’t be dealing with unfathomable amounts of people,” Humphrey said. While he “can’t make any promises,” Humphrey said that, as part of the city’s current rezoning process, the city may defer to the homeowner’s associations in the R-2 and R-3 districts regarding short-term rentals. Regarding state House Bill 4722, which passed the House Oct. 27, Humphrey said that the city currently has 150 legal permits that have been issued, with about 100 of those in the R-1 district, and about 50 illegal rentals (down from 150).
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n the current bill, a municipality could have 30 percent of the current homes as short-term rentals. Humphrey said that could mean 750 rentals for the city. “Every rental in this town with an average occupancy of 10...That’s 7,500 people,” he said. Humphrey added that the city is down to about 1,000 registered voters. “This isn’t about trying to punish second homeowners and people from Chicago, it’s about keeping this town viable moving forward. You cannot let the market dictate how your town ends up because you will not have a town at a certain point,” Humphrey added. A public hearing held before the passage of the ordinance drew the participation of about 20 people. Diane Gajos said she and her husband had been renting for the past 15 years “without incident.”
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
Good government is one of the most important factors in economic growth and social well-being. — Joe Lonsdale
“W
mwww.newbuffalotimes.com e have been an asset to New Buffalo and we’re grateful for the opportunity to share our home with many lovely families, who also fell in love with this area,” she said. She added that the council is supposed to represent the “best interests” of the entire city; however, they have “ignored the facts and wonderful ideas that have been presented by a very large contingency of taxpayers.” Jason Milovich said that he’ll “keep hope alive” that state House Bill 4722 “comes to fruition” as it moves toward the state Senate, which would make everything being discussed that night a “moot point.” He added that the data that he’s seen that’s been FOIAed from the city police department and the complaints that were filed regarding short-term rentals were “very small.” Most complaints were with regards to alarms going off and noise and that “they weren’t that many.” “This has been a tourist driven economy for over a century and vacation rentals are the conduit from which this flows…This proposed ordinance, I believe, will drive a stake through the heart of this economy, decrease property values and send tourists elsewhere,” he said. William McCollum, who sits on the Planning Commission but was speaking as a citizen, said while he’s not in favor of expanding short-term rentals in R-1, he said that maybe it can be done in R-2 and R-3. He said that he’s mainly upset with the “loss of my community as the result of all these revolving doors and revolving tenants.” “It’s the loss of the community that shocks me…As we’re losing more fulltime residents, who’s going to be voting, who’s going to be going to our schools – it should be a concern,” he said. Adam Tynowksi said that “consistent messages” have been “essentially just
THURSDAY, DECEMBER 2, 2021 asking for facts and asking for simple things like can we do a more reasonable approach than a blunt object that’s in front of you today.” He said the “only real opposition” seems to be the city council and a “handful of residents, who have voiced both “reasonable issues and also unreasonable issues.” “Somehow, a tourist town is going to
He added that what the council is doing is a “big public relations nightmare that’s going to be very difficult to fix” and that tourism is the third largest industry in Michigan as well as the “only big industry we have in New Buffalo.” Ron Watson said short-term rentals in residential areas must be “controlled in numbers” and “limited to ensure the single-family character of the neighborhood is protected - this includes limits on the number of people and cars and any activity that would impact the residential characteristics of the neighborhood.”
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resident of Shore Drive in Sunset Shores, he said that A crowd gathered in the fire house for the special meeting there are eight registered short-term rentals that are full-time and that there could be as many as 10 on that street – which is “much too high of a density” of that neighborhood. He added that people shouldn’t “assume a majority of New Buffalo citizens agrees with short-term rental proponents.” Councilmembers Jason Milovich speaks during the public hearing adopted a resolution and letter of support for Amtrak Engineering and be better off with few tourists – none of Environmental Study for a New Buffalo that makes any sense,” he said. Passenger Rail Connection. Jim Kramer, who owns Nancy’s on In his report, city manager Darwin North Whittaker Street, said that the Watson said that Amtrak’s Pere ordinance will not help businesses Marquette train service currently downtown. connects Grand Rapids and Chicago, “Covid is still here and whether we with stops in several Southwest realize it or not, it continues to hurt Michigan (St. Joseph, Bangor and many businesses and families and Holland) spots along its route. individuals as well as our labor force Improving the rail service would and economy - why do this now?” he involve building a connection in New Buffalo that connect CSX tracks to said.
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Amtrak rails and “allow the Pere Marquette trains to operate on Amtrakowned tracks,” which would require an environmental and engineering study. Councilmembers approved the Refunding Contract with the Galien River Sewer District. Watson’s report said the Galien River Sewer District (“the Authority”) is “desiring to refinance certain maturities (years 2023-2028) of the Authority’s 2013 bonds,” which will replace the 2013 bonds with new ones at a lower interest rate. The action will “achieve overall debt service savings to New Buffalo City, City of Bridgman, and New Buffalo Township.” Humphrey added that refunding of the bond will also allow the city to get it paid off in a “quicker manner.” Upon recommendation from the Planning Commission, the council approved a revised site plan for 1 N. Whittaker, which includes restoring the façade to the original state of the building. Previously, the Planning Commission had approved a Special Use permit to allow for outdoor seating at this location, with plans to remove the corner of the building. While the most current site plan does not remove the corner of the building, it adds more seating for the proposed restaurant. Upon recommendation from the Planning Commission and per the homeowner’s request, the council approved rezoning 6 South Willard Street from General Commercial District to R-1 Single Family Residential. Councilmembers approved the payment to Detroit Salt Company, LLC in the amount of $12, 371.80. for road salt. The payment to Etna Supply for water tap materials in the amount of $15,328.16 was approved. Watson said that the Water Department has been contacted to complete two water taps for the New Buffalo Area Schools STEAM Building and Pickle Ball Pavilion projects.
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THURSDAY, DECEMBER 2, 2021
Single-vehicle accident results in fatality, two injuries in Harbert
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A single-vehicle accident resulted in one fatality and two injuries in Harbert Saturday, Nov. 27. According to a press release from the Chikaming Township Police Department, at 9:59 p.m. Nov. 27, emergency personal were dispatched to Red Arrow Highway south of Harbert Road for a report of an unknown personal injury accident. Officer Carpp with the Chikaming Township Police Department arrived on the scene and found a single motor vehicle on the east side of Red Arrow Highway, the release stated. “The vehicle sustained heavy damage, as it appeared to have rolled multiple times and struck a large tree,” it said. The driver Travis Lloyd Germain, a 21-year-old male from Michigan City, was pronounced deceased at the scene. The two passengers Dakota Bentancourt, a 24-year-old male from New Carlisle, Indiana, and Ethan Eugene McFarland, a 20-yearold male from Noblesville, Indiana, sustained non-life-threatening injuries. Bentancourt and McFarland were both transported to Spectrum Health Lakeland in St. Joseph, Michigan. Bentancourt was treated and released. As of press time, McFarland was still being treated but remains in stable condition. “Preliminary investigation shows a second vehicle may be involved in the crash,” the release said, adding that this is “an ongoing investigation.” Assisting on the scene were the following agencies: Chikaming Township Fire Department, Berrien County Sheriff’s Department, Michigan State Police, Baroda Lake Township Police Department, Medic 1 Ambulance, and Office of the Medical Examiner. — STAFF REPORTS
Two-vehicle crash in New Buffalo Township results in fatality, several injuries
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two-vehicle resulted in one fatality and several injuries on Interstate 94 eastbound near Maudlin Road New Buffalo Township Thanksgiving night. According to a press release from the Berrien County Sheriff’s Department, at approximately 7:15 p.m. Nov. 25, emergency responders were dispatched to a two-car traffic crash on I-94 near New Buffalo. Upon arrival, police found a female who was unresponsive and lying in the roadway, as well as another male lying on the ground who was pinned under his vehicle. Crash investigators were called to the scene to assist in the investigation. “Police were able to determine that a Ford Escape SUV with four subjects inside the vehicle was travelling eastbound near the truck weight station when the driver lost control of his vehicle on slippery roadway, ran off the roadway and struck a guardrail. The vehicle then came to rest on the shoulder of the road,” the release stated. While a rear seat passenger was outside the vehicle and tending to the front seat passenger, a second vehicle also lost control on the slippery roadway and spun into the stopped first vehicle. “The second vehicle, a 2008 Buick Lucerne, slammed into the passenger side of the Ford Escape while one of the occupants was standing next to the vehicle pinning the occupant between both vehicles. The driver of
the Escape was then thrown from the vehicle and became trapped under his car,” the release said. The driver and front seat passenger of the Escape were transported to Memorial Hospital of South Bend for Serious, but non-life-threatening injuries. The driver of the Buick was taken to LakelandSpectrum Hospital for critical injuries and was airlifted to Butterworth Hospital in Grand Rapids. The front seat passenger of the Buick was taken to Franciscan Hospital in Michigan City and was transferred to University of Chicago for her injuries and the back seat passenger of the Buick was treated and released at Spectrum Health Lakeland.
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s of press time, the names of all subjects were not released. The deceased was taken to WMED of Kalamazoo for an autopsy to determine the cause of death. This crash is still under investigation. The release states that it “appears that cold, slick rain/icy road conditions contributed to this crash.” Agencies involved were the Berrien County Sheriff New Buffalo Township Patrol, New Buffalo City Police Department, Pokagon Tribal Police Department, New Buffalo Township Fire, Michigan State Police, Medic 1 Ambulance, Three Oaks Ambulance, and the Berrien County Sheriff Crash Reconstruction Unit. — STAFF REPORTS
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New Buffalo Times LOCAL INTELLIGENCE — SINCE 1942 —
MANY THANKS...
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lessings in a Backpack in New Buffalo would like to thank the New Buffalo Lions Club for their generous gift of funding to purchase Thanksgiving gift cards to help provide families in New Buffalo with a Thanksgiving meal. Thank you for all that you do for the New Buffalo community! We would also like to thank Barbara and Conrad Rieckhoff and the Sunset Shores Homeowner’s Association for their kindness and generosity in supporting Blessings in a Backpack. The Homeowner’s Association held a very successful food drive in Sunset Shores recently and provided over 900 individual food items to be distributed to the children in the Blessings in a Backpack program at New Buffalo Elementary. Blessings in a Backpack sends food home with elementary students who might not have enough food for the weekend. This ministry is made possible by generous donations from the community and many, many volunteer hours. Donors across the country contribute to the success of the nationwide Blessings in a Backpack program which provides food to over 88,900 children in 1,092 schools in 46 states each weekend. There were over 3 million hunger free weekends provided nationwide during the last school year through Blessings in a Backpack. Once again, thank you New Buffalo Lion’s Club and Sunset Shores Homeowner’s Association! Your support and generosity is greatly appreciated. — MARY ROBERTSON, WATER’S EDGE UNITED METHODIST CHURCH BLESSINGS IN A BACKPACK
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THURSDAY, DECEMBER 2, 2021
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Pay raises aimed at slowing turnover BY STAN MADDUX
aPorte County officials are hoping a six percent wage increase is enough to stop the alarming rate of ambulance workers and jail officers from leaving for much higher pay elsewhere. With a sense of urgency, the LaPorte County Council also approved the same pay increase for police officers, 911 dispatchers and others viewed as frontline workers, like members of the LaPorte County Highway Department, Nov. 22. A five percent increase in pay was given to all other county employees. Councilman Earl Cunningham said he would have supported a 10 percent across the board pay hike if the county was able to afford it. “We don’t have the money,” he said. The increase wasn’t close to what LaPorte County Emergency Medical Service Administrator Andrew McGuire felt would solve the high turnover in his department. Several weeks ago, McGuire proposed a $10,000 raise for every paramedic and emergency medical technician to be more competitive with the salaries offered by surrounding municipalities. “I do appreciate what they did for us tonight but there’s more work that needs to be done,” he said. EMS Capt. Jeff Koon said ambulance workers who put in 60 hours a week and are paid overtime still earn less than $16 an hour. He said 27 paramedics and 10 emergency medical technicians have left over the past five years. Koon said about 40 percent of those departures occurred this year. “We have a problem,” he said. There have also been turnover
problems at the E-911 Dispatch Center and LaPorte County Jail. Sheriff John Boyd said 14 jail officers have become correctional officers elsewhere this year primarily for higher pay. Boyd said he hasn’t lost any patrol officers but could if the raises don’t close the gap enough with the $10,000 or more in higher pay they can earn at some of the other surrounding police departments. “We have to keep up with what those agencies are paying. If those agencies can afford it, we certainly can afford it,” he said.
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ouncil president Randy Novak said the $21 million in federal dollars county government that was received under the American Rescue Plan could be used to further boost pay. However, he said once those dollars are spent, there’s no other revenue stream in place right now to maintain higher pay levels. “It’s not sustainable,” he said. Novak and other decision makers hinted at the possibility of raising the county income tax to generate additional money for salaries. More income tax revenue, though, could be nullified if talk of state tax cuts materializes next year. Novak said that would mean about a $3 million loss in annual revenue from downstate. The county commissioners have recommended bonuses of anywhere from $2,000 to $4,000 in addition to the pay hike for each employee to help ease turnover. Novak said bonuses will be considered by the council at a special meeting Dec. 13.
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THURSDAY, DECEMBER 2, 2021
SPORTS
High hopes for Bison in basketball
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BY STAN MADDUX
here’s good reason to be optimistic about the New Buffalo boys’ basketball team repeating as District 4 champions this season. All five starters on last year’s squad are back. Head Coach Nate Tripp said bench players, though, hold the key to the potential of this year’s team. Tripp said he’ll need solid play off the bench when his starters need a break, perhaps, from a run and gun offense and pressure defense he plans to use in each game from start to finish to take advantage of their speed and quickness. Bench depth will also be a factor if any of the starters become injured or sick. Last season, the Bison often played at a fast pace on offense and pressured the ball on defense in spots. However, three key players off the bench last year were lost to graduation. Tripp said he expects the team to struggle early from learning the changes imposed on both sides of the court. However, the plan is for the team to be peaking before the District 4 tournament. “I feel like we’re making a huge change in what we do. I feel we’ll probably give up some games that normally we probably wouldn’t early on but the goal is by the end of the season to be clicking on all cylinders,” Tripp said. The starters are seniors Kayden Parmley, Anthony Lijewski, Ryan Vincent, Mark Shaw, and Jeremiah Mitchell. Tripp said coming off the bench are players with potential but not a lot of varsity game experience.
He said the bench players must also be able to handle the faster style of play, which they’re making strides at doing right now. “Lots of question marks. My expectations for this team really all depend on our bench play,” he said. Players coming off the bench include 6-foot-10 senior Zach Forker, a high percentage shooter and shot blocker. “He’s got to be a match up nightmare for any team,” Tripp said. The Bison seemed to have some rough edges during a fast-paced Monday, Nov. 29, scrimmage at home against a talented LaLumiere team. New Buffalo outscored the Lakers by five points in the first half. LaLumiere racked up 17 more points than the Bison in the second half. Two dunks by Owen Kmety were examples of the dominance by the Lakers during the final two quarters when poor shot selection and turnovers didn’t help matters for the Bison. New Buffalo narrowed the lead in the second half on quick buckets down low from Forker and later a three point shot from Parmley. The Lakers, though, answered each time with a flurry of points to restore or extend their lead. The Bison easily won three previous scrimmage games against Gobles, Bloomingdale and Delton Kellogg. The Bison lost to Howardsville in the first round of the regionals in a game Tripp felt his team should have won. “This group is capable of more. Whether we can produce that or not remains to be seen,” he said.
From the Bleachers COLUMN BY KURT MARGGRAF IN CHICAGO
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y first order of business tonight is family. My daughter, son, sister, and brother, brother and sister in law, nephew, seven grandkids, and I, all gathered around four or five phones and got together for a group chat on Monday. My daughter had the idea and my son and nephew ironed out a couple of kinks and we all talked, laughed, and told stories to celebrate Sue Marggraf, who would have turned 72 Monday, if ovarian cancer hadn’t cut her life short 25 years ago. As a family, we have chosen to celebrate her life rather than mourn her death and for us, particularly this year, it was a beautiful celebration. Sunday night, I was blessed to watch Tony Bennett’s birthday celebration. Mr. Bennett, one of the greatest singers in the history of the world, turned 95. He and Lady Gaga developed a musical and personal chemistry when they recorded an album together a few years ago, and that chemistry was on full display Sunday. Tony was diagnosed with Alzheimer’s disease in 2016 but kept performing beautifully. This year, he let the public know of his condition. Mr. Bennett and Lady Gaga sang beautifully alone and together, and her admiration for the man was on full display. “One Last Time” was the name of the birthday celebration, and those of us who were fortunate enough to witness it got to see a great talent, one last time. This past week was rivalry week in college football. Rivalries are part of all
sports, and they add an extra layer of fun and excitement. In Chicago, the Bears biggest rival is the Packers, and beating them almost makes up for a few losses against other opponents. The same can be said for the Cubs versus the Cardinals and the White Sox versus the Twins. Some rivalries don’t make as much sense, like the Cubs and the White Sox. So many people in Chicago love one team and hate the other. I must admit that I was like that for many years but at some point I realized that no matter which team is successful, the city and fans are winners. Back to college football, where the biggest rivalry in the Midwest, is Michigan versus Ohio State. The Buckeyes have been dominating the Wolverines recently, winning eight in a row, and it seemed like this year would be no different. State was on their way to the playoffs once again and Michigan, while playing better than they have for a few years, appeared to be no match for the mighty Buckeyes. Coach Jim Harbaugh said they were going to beat Ohio State or die trying and the Wolverines are not dead yet. The final score was 42-27, and Michigan’s football team, and their fans, are ecstatic. In War and Peace, Leo Tolstoy said, “There is no greatness where there is not simplicity, goodness, and truth.” Happy holidays. Refuse hate. Talk to you next week. Peace, love, and happiness.
As the game goes on, I get better and I can see the defense getting tired. That gets me hyped. — Derrick Henry
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THURSDAY, DECEMBER 2, 2021
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Iceless ice-skating rink now up in LaPorte BY STAN MADDUX
n iceless ice skating rink is now up in LaPorte after the dollars to purchase it were raised well before the deadline. A goal of $35,000 in 35 days was surpassed on the 22nd day of the fundraiser by Bethany Lutheran Church when a $2,600 donation came in from Industrial Lumber Products, said Carrie Garwood, a member of the church. Garwood said she was only slightly surprised at how fast the goal was met because of how successful other church fundraisers have been in the past. “It’s always amazing how many different people in the community come forward,” she said. Money from the fundraising campaign, which was spearheaded Oct. 27, was used to secure a $35,000 grant awarded by the Indiana Housing and Community Development Authority to pay for the rink. Garwood said the funds had to be collected by Nov. 30 to secure the matching grant. The rink started being assembled once a truck containing all of the materials arrived just before 8 a.m. The 1,300 square foot rink, which will be open to the public starting Friday, Dec. 3, is at LaPark, which is across the street from the church at 102 G. Street. The mostly church members who were assembling the rink were impressed by how closely the 90 hard synthetic surface panels, which fitting together like pieces in a jigsaw puzzle, felt like real ice. “It’s extremely slick. You have to be very careful out there or you’ll fall
down,” said Tom Milo. “They’re very slick. Very slick. It should be nice,” said Peggy Devine. Meyer said the rink was purchased because of how heavily an iceless rink at the park was used during LaPorte’s inaugural Christkindlmarket sponsored last year by the church. He said it made sense to purchase the rink because the one last year cost $12,000 just to rent during the three day outdoor market featuring craft and vendors, German bands, beer garden, freshly cut Christmas trees to purchase live reindeer. The new rink was open during the second annual market Nov. 26-29. It will be available for use daily by the public throughout the winter from 10 a.m. to 6 p.m.
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eople can bring their own skates or choose from the 60 pairs of skates that came with the rink also at no charge. The surface made by Glice, Inc. out of Switzerland is used by figure skaters and hockey players during the off season. Pastor Dennis Meyer said an iceless rink was chosen because Old Man Winter isn’t always consistent with providing freezing temperatures for water to turn into ice and a refrigerated rink was too costly. Meyer said the rink will be taken out of the park after winter. One idea that’s still being explored is putting the rink back together for use during the LaPorte County Fair. “You can skate on this year round so if we get the assistance and ability to do that we’re going to try and pull that off for the summer,” he said.
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10 THURSDAY, DECEMBER 2, 2021
New Buffalo gymnast meets Mary Lou Retton after placing first in competition
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Children await the tree lighting at the Municipal Marina
BY FRANCESCA SAGALA
gymnast. t was almost 40 years ago when Mary Lou Retton cemented her Mazzie attends Platinum Gymnastics, status as a star gymnast when LLC, in Michigan City. she won five medals during the She said she was in gymnastics when 1984 Summer Olympics in Los she was 5 or 6 years old. She stopped Angeles - the most won by any athlete briefly, only to pick it back up again. during that summer’s games. “I wanted to learn a lot more stuff - I As a 9-year-old fourth grader at New felt like I could only do cartwheels and Buffalo Elementary School, Mazzie handstands and now, I know how to do Bowen doesn’t know yet if she’ll make back walkovers and stuff like that,” she it that far in her gymnastics career; said. however, there is one thing that she This is her first year doing team knows: She wants to keep at it. gymnastics (as opposed to doing Mazzie Bowen (center) poses “I hope I keep on going – I want to practices, where you don’t compete). with her signed mat, with get in really competitive gymnastics,” Before, she just did it for fun. Mary Lou Retton (right) and daughter McKenna Kelley she said. Mazzie is off to a good start. hese days, Mazzie practices Recently, she won first place overall throughout the week – in a gymnastics competition in Monday and Wednesday Schaumburg, Illinois. are her designated practice Mazzie got fourth place in bars, days – and competes on the second place in beam, and first weekends. place in floor, vault, and the overall In January, she’ll be traveling to competition. Indianapolis for a competition – which The match was sponsored by Retton. means she’ll be practicing all of December Not only did Mazzie get to meet the to gear up for it. renowned gymnast, but she also Her dad, Adam, said he always knew received a signed mat from her. Mazzie would be involved in the sport in “She was there watching everyone, some way. and I won first place of everyone there “She’s doing flips and cartwheels all the and floor, and so she signed a mat for time – just watching her, you could tell me and gave it to me because I won out she was very good at it,” he said. of everyone there,” she said. For the first couple of meets, Mazzie While Mazzie wasn’t familiar with was very nervous. Then, her parents gave who Retton was at first, she soon her some advice. Mazzie Bowen (left) revels in being the overall winner learned of her accomplishments. “We told her to relax and have fun - that In addition to her other accolades, was our motto for a whole week,” Adam Ratton also became the first woman said. to win a gold medal in gymnastics. In It was advice, Mazzie said, that has 1997, she was inducted into the International Gymnastics served her well. Hall of Fame. “I was nervous for the first three meets – and then I “She was really nice,” Mazzie said of the retired kind of just forgot about it and did good,” she said.
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When you are young you take the kindness people show you as your right. — W.Somrset Maugham
New Buffalo Christmas tree is officially lit
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BY FRANCESCA SAGALA
he colorful lights were strung throughout its branches just in time for the Christmas tree’s lighting event at the Municipal Marina in New Buffalo Saturday,
Nov. 27. As a blanket of dusk fell over the lakefront, the lights flipped on without a hitch. Children gathered around the tree, singing traditional carols to herald its annual lighting.
mwww.newbuffalotimes.com A scale of Three Oaks is on display in Heritage Hall from the Prancer movie
THURSDAY, DECEMBER 2, 2021 11 One of the reindeer that was hanging above Elm Street in the movie, Prancer
‘Prancer’ model resurrected in time for ‘Snowflake Stroll’
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BY FRANCESCA SAGALA
isitors to Heritage Hall in Three Oaks were invited to take a step back in time to that moment when Hollywood descended upon Three Oaks USA during the “Prancer” open house event during Three Oaks’ Snowflake Stroll Saturday, Nov. 27. There, a display by The Region of Three Oaks Museum featured artifacts from the filming of the 1989 Christmas film. A scale model of Three Oaks, which was restored by Chuck Garasic and Liz Thomas, that was used for the “aerial shot” at the tail end of the movie (right after Prancer takes off from Antler Ridge) was set up on a long table. Overlooking the model was one of the reindeer that hung over Elm Street during the film. Visitors could also sit down and view how the artifacts fit into “Prancer” during two showings of the film, one in the afternoon (before the parade) and one in the evening (after the tree lighting).
According to the display, the HO-model was created for the movie by Don Bowman of LaPorte. He had retired from the Federal Aviation Administration, where he’d built models of different airports throughout the country. For years, it was displayed in the windows of the former pharmacy (now Froehlich’s Kitchen and Pantry) before going into hiding in the library’s attic. It claimed a new life in the library’s windows last December, after it was rehabbed by museum board member Ron Miller for an open house that had to be cancelled due to surging Covid-19 cases. Directed by John Hancock, “Prancer” was filmed in Three Oaks and the surrounding area in the winter of 1988-89. The film featured prominent Hollywood stars, such as Sam Elliott, Cloris Leachman and Michael Constantine, as well as residents of Three Oaks, who served as extras.
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A scale of Three Oaks is on display in Heritage Hall from the Prancer movie
The scale model of Three Oaks, as seen in the movie, Prancer
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12 THURSDAY, DECEMBER 2, 2021
Christmas arrived in Three Oaks during annual ‘Snowflake Stroll’
T Members of the Three Oaks American Legion march down Elm Street
Waiting for the parade along Elm Street
A crowd watches the ice sculpture carving on Chamberlain Path
BY FRANCESCA SAGALA
he Christmas spirit was alive and well throughout the streets of downtown Three Oaks during its annual Snowflake Stroll Saturday, Nov. 27. Children visited with a horse, “Prim,” who had arrived from Sandy Acres Clydesdales from LaPorte in time for the festivities, as well as hung out with Olaf and Buddy the Elf (who could be seen prancing through the streets throughout the afternoon). Nearby, notes from familiar Christmas carols were floating on the breeze from singers in the local choir, Harbor Country Singers. In front of the pavilion in Carver Park and in Chamberlain Path, a crowd stopped to watch an ice sculpture be carved before their eyes by Ice Creations. Everyone lined Elm Street in the evening for the main event: the annual Christmas parade, which featured the 2020 Miss Three Oaks and Miss Teen Three Oaks, the Three Oaks Fire Department, the Three Oaks American Legion Post 204 and, of course, the Jolly Old Elf himself. Later, after the tree lighting, Santa lent an ear to children and their wishes in Carver Park.
Parade revelers line Elm Street
Isla Fisher, Valentina Hall and Basil hang out with Prim the horse
Members of the Harbor Country Singers carol on Elm Street
Santa and Mrs. Clause landed in Three Oaks just in time for the parade
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Jim Ferguson holds Nicole Chapman as she pets Prim
THURSDAY, DECEMBER 2, 2021 13
The crowd waits for the annual parade
The finished ice sculpture in Carver Park
2020 Miss and Miss Teen Three Oaks and River Valley Madison Lumley and Lexie McCarty
Santa and Mrs. Clause, along with Buddy the Elf, pose with fans
Children gather up candy canes in the pavillion in Carver Park
Buddy the Elf hangs out with Caroline and Josie Thomas
Children gather candy that was thrown in the street by the fire department
The crowd awaits the annual parade
The parade makes its way through the downtown
The Three Oaks Fire Department truck makes its way down Elm Street
The Journeyman Distillery car makes its way down Elm Street
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14 THURSDAY, DECEMBER 2, 2021
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16 THURSDAY, DECEMBER 2, 2021
BOSS INDUSTRIES GROWING
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LaPorte manufacturer is expanding its line of products that’s used in construction and other industries. Boss Industries, Inc. at the Thomas Rose Industrial Park has acquired HIPPO Multipower out of Kansas City, Missouri. Founded in 1988, Boss Industries now accounts for more than 50 percent of all Power Take Off driven rotary screw compressor sales, according to the company’s website. A PTO, which is usually near the flywheel of utility and service vehicles, transfers power from the engine to operate a compressor. Boss Industries, which has upwards of 50 employees, is also a leading maker of engine and hydraulically powered rotary screw compressors, along with products related to gas and vapor recovery compression. HIPPO Multipower started in 1972 as a truck equipment upfitter, specializing in aerial bucket trucks. Eight years later,
the company built the industry’s first PTO driven unit delivering hydraulic, air and electric power all from one source for the utility, railroad and other industries. Todd Hudson, president of Boss Industries, said the purchase adds several market-leading mobile power products to the company’s portfolio. “This strategic acquisition will allow us to continue providing best-in-class solutions to our customers in addition to expanding the services offered to HIPPO’s existing customer base,” he said.
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oss Industry products are also used in the military and other industries, such as fire and rescue, landscaping and irrigation. “When you see companies like Boss expanding in this way and growing here it’s just a great thing,” said Bert Cook, executive director of the LaPorte Economic Advancement Partnership. — STAN MADDUX
New Buffalo Times LOCAL INTELLIGENCE — SINCE 1942 —
By Invitation Only
A FUN, KIND ‘SENIOR CENTER’
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BY LAWRENCE VON EBELER
he other day, I had to make an adult decision at the grocery store when I found that turkeys were at a ludicrously inexpensive price! I bought one for no good reason at that point. But at that price, I succumbed to this shocking turkey price! Out of control, I bought a 15 pound-er because I figured out the perfect place to give it to: some deserving souls. I didn’t need it for my Thanksgiving and birthday dinner since my brother Jeff and his fiancé, Karen, were bringing the whole dinner, complete with side dishes. I had to promise I wouldn’t do anything, since it was my birthday dinner combined with a Thanksgiving dinner celebration. My brother didn’t want me to fill the house with friends either (as I am inclined to do), so I had only asked Bob Keller, my good friend, and his wife, Pat, and the ubiquitous Nan Baker, an amazing poet and author. (Kara and Jon were coming later with pecan pie.) My friends Carol and Lou took me with friends to the Roadhouse Sunday. I ate so much I made myself sick. Carol made up a whole basket of my favorite candies and object d’ art, which I really needed (I loved the basket too). For years, Harbor Country has had this marvelous community institution for seniors. I’m speaking of the esteemed River Valley Senior Center in Harbert - which was where, I decided, I was going to take my big turkey, some interesting dressing, and, as always, my fabulous potato salad. This remarkable senior center transports seniors to medical appointments, grocery shopping, and more. They hold classes, Bingo, and other games, and they teach computer usage. There’s
also singing, and generally fun and excitement. The staff also receives and directs delivery for Linda Strohl’s fabulous “Meals on Wheels” of the Southwest Michigan program. The center’s staff is truly multifaceted and fast on their feet. They decorated their tree this year with hats and mittens that they made. It’s gorgeous and emits all the love and work that went into them. They are saints. Bonnie Parker came to work at the center several decades ago, as well as her fellow worker and friend, America Schmaltz (her real first name). Bonnie coordinates the transportation division, among her many other duties, which are integral to the endless services the center offers. America handles all things financial as the administrative assistant, including making out tax returns by the hundreds for seniors. Miracle director Tim Hawkins is an ex-Whirlpool executive who’s pretending he’s retired (hardly that!). He’s had to tackle and manage the remodeling and upgrading of the entire center, which went smoothly. The center has a new facade and signage, the interior has been totally enhanced, and the office re-configuration has been addressed. Bill Kuipers has been there 35 years and now carries his portable oxygen temporarily with him as he works because, as he said, “I can’t breathe, and I can’t afford to retire either.” These folks have real pioneer spirits. For years, the center also had a marvelous dog mascot, “Chance.” When he passed, it was a very, very sad day for the whole staff. They now have a beautiful sculpture in his likeness as a remembrance of him and to greet all visitors like he used to, at the front entrance.
The center harbors a staff of elderly members, who have incredible dedication and are holding decades of seniority and devotion. Some worked right through the pandemic. They coordinated their endless transportation challenges with the vans, which must be readily available in rain, sleet, and snow to take folks to the doctor, shopping, and their frequent appointments. They also kept all the vans serviced and made sure they met all the safety standards, which Bill, the facility maintenance manager manages as a part of his allencompassing responsibilities. Like a real “Man Friday, he will even answer the phone sometimes. “We have a legion of volunteers, and I am proud to say we could have many more if we need them, but our turnover is almost zero, and our volunteers are truly dedicated to their mission for doing good for others less fortunate,” said Tim proudly, and added that “we somehow always manage!” Often their contact is the only human contact for some members. I delivered my turkey dinner right around noon Monday, when the staff gathered for their lunch period at a large table. It is from that scene that I will have my fondest memories of one of the most generous collections of big, gentle hearts in our orbit. Tim is lucky to have a staff like this. The staff is lucky to have him there with them. It’s good to be a senior these days at the River Valley Senior Center. River Valley Senior Center is located at 13321 Red Arrow Highway in Harbert and can be reached at 269-469-4556 or www. rvsc@comcast.net
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THURSDAY, DECEMBER 2, 2021 17
HOR0SCOPE DECEMBER 2-8, 2021
AS INTERPRETED BY SANDY “STAR” BENDT ARIES MARCH 21—APRIL 19
The energy coming in this week is very transformative, which could bring some painful issues to the surface. This is the time to take that journey inward, to not only acknowledge trauma and pain but to see it clearly and honestly. Don’t sugar coat it or make it worse than it was.
LEO JULY 23—AUGUST 22
SAGITTARIUS NOVEMBER 22—DECEMBER 21
The energy radiating from the cosmos this week may bring up some painful memories or focus in on areas of your life that you have cut off or denied. This is the time to be very realistic about the past and any shortcomings life has thrown you. See it, believe it and do something about it.
The energy coming in this week may be a little difficult, as it will bring up some hurtful issues from the past. Whether you are the one with the wounds or the one who may have unknowingly caused pain for another, this is the time to address it honestly and without judgment.
TAURUS APRIL 20—MAY 20
This could be a dramatic and intense week, as some painful issues from the past come to light. They may not be your issues but you will be dealing with them none the less, and the best way to handle any crisis is to talk things out honestly. Don’t gloss over details. Embrace the truth.
VIRGO AUGUST 23—SEPTEMBER 22
CAPRICORN DECEMBER 22—JANUARY 19
Family secrets or painful family issues may come up this week. Be aware that things are coming out so they can be accepted and incorporated into your family’s history. Consider this a special seasoning that makes your family unique and ultimately gives you some distinction among your peers.
The early morning hours will carry some considerable inspiration and knowledge this week. So, be sure to use that time to its fullest by meditating or actively sitting quietly. Give yourself time to daydream and acknowledge your ability to transcend painful experiences.
GEMINI MAY 21—JUNE 21
There is a certain sensitivity and thoughtfulness that will be required of you this week, as partners or those you work closely with could be going through a tough time. You can expect some unusual information to come to light about their past which will somehow affect your responsibilities.
LIBRA SEPTEMBER 23—OCTOBER 22 You can expect to learn something unsettling about a one of your siblings or possibly a neighbor this week. It’s important you take some time to process or evaluate the situation before, you try to help out. Even though you have the resources to help, they need to be applied carefully.
AQUARIUS JANUARY 20—FEBRUARY 18
CANCER JUNE 22—JULY 22
SCORPIO OCTOBER 23—NOVEMBER 21
PISCES FEBRUARY 19—MARCH 20
The focus will be on shifting your work schedules and daily routines around to accommodate for partners and coworkers making last minute changes. The good news is unexpected changes will certainly carry some serendipitous opportunities now. Make those changes with confidence.
It would be best to keep your spending or financial arrangements private because discussing money with a partner or coworker could make them very touchy right now. If possible, it would be better to let things wait a few days and then broach the subject of spending and accounts payable.
The week is a mixed bag for the Water Bearer. In one bag, you will have a friend or close associate going through a stressful experience. In another bag you will have your own issues when, an embarrassing situation is made public. It’s time to get together and be there for each other. You will be made very aware of another’s pain this week and will be surprised that you weren’t aware of their struggles until now because it will seem a very heavy burden. This is the time to step up and make some accommodations, if you can. Don’t take responsibility but be there to help.
Take care of all your memories. For you cannot relive them. — Bob Dylan
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18 THURSDAY, DECEMBER 2, 2021
DEATH NOTICES
THREE OAKS – Judith L. Ross, age 74, of Three Oaks, died Sunday, November 28, 2021. Arrangements are pending at Wagner Family Funerals Pobocik Chapel, Three Oaks.
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New Buffalo Times LOCAL INTELLIGENCE — SINCE 1942 —
Back to normal Santa Parade doesn’t miss a beat
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BY STAN MADDUX
return to a normal Santa Parade in downtown LaPorte seemed more popular than ever with kids darting out for candy and sitting on the lap of Santa Claus. Despite the cold, the goodsized bundled up crowd along Lincolnway Saturday, Nov. 27, appeared delighted not to be confined to vehicles while driving by stationary units under last year’s COVID-19 restrictions. Melissa Brock, who was holding her daughter, Layla, smiled when her nieces Kinsley, 5, and Kendall, 6, were first to hug Santa Claus after the parade when he came down from the top of a fire truck. “We were excited. We didn’t think they were allowed to so that was really nice,” Brock said. Santa marched over to his chalet at Plaza 618 and had a seat next to Mrs. Claus. He visited with each of the children waiting in a line of close to 100 people. Last year, Santa and the children were separated from each other by plexiglass as a precaution against the virus. Brittney Satoski, who grew up in the area, traveled from her home near Indianapolis with her children Paayson , Johnny and Sophia. They were the first in line to visit with Santa like they are every year by showing up about an hour before the start of the parade. “The kids love it,” she said. The parade consisted of nearly 30 units
including a team of horses owned by Mike Roebuck, who has a farm near Rolling Prairie. Roebuck held his great grandson on a horse while riding with his children and grandchildren. Diana Adams gave out candy from the passenger seat of a Polaris Slingshot, a convertible resembling a space age race car. The purple car pulled over and stopped beside the curb each time she was ready to hand out zip lock bags full of candy to kids rushing toward her. “We love the kids and we love the whole parade. We just like giving back to the town. It’s just what we do,”
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alking the route were animal characters, like a reindeer and snowman, along with Parker, a cartoon characterlike mascot for the park
department. Tabitha Aguilar, an administrative assistant at the park department, said Parker goes to a lot of fun events throughout the year. “He loves coming and seeing all of the kids,” she said. Brett Binversie, the organizer of the parade on behalf of the city, said he could not be happier with the public’s response to the parade. “We all realize we’re still in touchy times, but we’re glad to return some normalcy to people’s live and have a great time here,” he said.
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THURSDAY, DECEMBER 2, 2021 19
Hikers to offer tips for winter hiking
inter hiking can be a wonderful experience, but it also presents some special challenges, according to Harbor Country Hikers President Pat Fisher. “Before you head out on the trail, be sure to think ahead and prepare for unexpected conditions,” he said. Fisher will share some of his winter hiking tips before leading a coldweather trek on the Hoadley Nature Trail at Watkins Park in Three Oaks at 2 p.m. Saturday, Dec. 4. The trail is home to a wide variety of wetland flora and fauna. The Hikers advises dressing in layers, wearing
a warm hat and sturdy shoes or boots, and bringing plenty of water. Depending on the weather, portions of the trail could be muddy or icy. Total hiking distance for the Dec. 4 outing is 1.15 miles, and the trail’s physical difficulty is rated easy to moderate. An all-terrain Rollator is available on a firstcome, first-served basis by emailing harborcountryhikers@gmail.com. Face masks are optional for this outdoor event. For more details, including directions to the park, visit harborcountryhikers.com. — STAFF
REPORTS
SERVICE LEAGUE MONTHLY MEETING NEXT WEEK
T
he next dinner meeting for the New Buffalo Service League is Wednesday, Dec. 8, at Union Pier Social, located at 16036 Red Arrow Highway in Union Pier.
Gathering will take place at 6 p.m., with dinner at 6:30 p.m. If anyone would like to join, feel free to call Nancy at 269-469-1364. — STAFF REPORTS
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20 THURSDAY, DECEMBER 2, 2021
PUBLIC NOTICES rental uses in certain zoning districts characterized by single-family residential neighborhoods, and to otherwise mitigate potential adverse effects of new short- term rentals. The City of New Buffalo ordains:
CITY OF NEW BUFFALO BERRIEN COUNTY, MICHIGAN ORDINANCE NO. 253 AN ORDINANCE TO AMEND SECTIONS 2-3, 6-2, 7-2, AND 8-2, AND ADD A NEW SECTION 20-8 TO THE NEW BUFFALO ZONING ORDINANCE TO PROHIBIT NEW SHORT-TERM RENTALS IN THE R-1, R-2, AND R-3 ZONING DISTRICTS WHEREAS, in April 2019, the City Council adopted an ordinance requiring the registration and inspection short-term rental units within the City; and WHEREAS, since enacting the ordinance, City staff has studied the registration statistics and the density of short-term rentals; and WHEREAS, after extensive study of the proliferation and effects of shortterm rental uses, the City Council has determined that if current trends were allowed to continue, short-term rental uses could undermine the character and stability of neighborhoods in certain districts by, among other things: 1. Decreasing the number of long-term residents; 2. Decreasing enrollment in local schools; 3. Decreasing the availability of longterm housing stock, thereby driving up prices and making long- term residency less affordable; 4. Creating significant numbers of vacant homes in the winter months; and 5. Increasing levels of noise, traffic, and on-street parking during the summer tourist season. WHEREAS, in a series of recent cases, Michigan courts have recognized that transitory and commercial uses are in tension with the traditional use of singlefamily dwellings; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the zoning ordinance to curb the proliferation of short-term
Section 1. Amendment. Section 2-3 of the New Buffalo Zoning Ordinance is amended to add the following definitions of “Short-Term Rental Activity” and “Short-Term Rental Unit,” which shall appear between the definitions of “Shopping Center” and “Sign,” and to amend the definition of “Dwelling Unit” so that it reads in its entirety as indicated below. Except as expressly modified herein, the remainder of Section 2-3 is reenacted in full: Short-Term Rental Activity. The rental of a dwelling unit for compensation for a term of less than one month. However, short-term rental activity does not include the following: transitional housing operated by a nonprofit entity, group homes such as nursing homes and adult foster care homes, hospitals, or housing provided by a substance abuse rehabilitation clinic, mental health facility, other health care related clinic, or dwelling units owned by a business entity and made available on a temporary basis to employees of that business entity or employees of a contractor working for that business entity. Short-Term Rental Unit. A dwelling unit in which short-term rental activity is permitted to occur subject to the terms and conditions of this ordinance and Chapter 11 of the City Code. Dwelling Unit. A building, or portion thereof, designed exclusively for human occupancy providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. A dwelling unit may be used as a short-term rental unit when licensed pursuant to Chapter 11 of the City Code and when either: (1) short-term rentals are not prohibited in the zoning district where the property is located; or (2) the shortterm rental unit is established as
nonconforming and operating in compliance with the regulations in Section 20-8. Section 2. Amendment. Sections 6-2, 7-2, and 8-2 of the New Buffalo Zoning Ordinance are amended to read as follows: Sec. 6-2. Uses permitted by right. A. Land and/or buildings in the R-1 District may be used for the following purposes by right: 1. Single-family detached dwelling units. 2. Accessory uses pursuant to Section 3-2. 3. Home occupations pursuant to Section 3-26. 4. State-licensed residential care family facilities. 5. State-licensed family daycare centers. 6. Municipal parks. B. Short-term rental units are prohibited in the R-1 District except when established as a nonconforming use and operating in compliance with the regulations in Section 20-8. Sec. 7-2. Uses permitted by right. A. Land and/or buildings in the R-2 District may be used for the following purposes by right: 1. Single-family detached dwelling units. 2. Two-family dwelling units. 3. Accessory uses pursuant to Section 3-2. 4. Home occupations pursuant to Section 3-26. 5. State-licensed residential care family facilities. 6. State-licensed family daycare centers. 7. Municipal parks. B. Short-term rental units are prohibited in the R-2 District except when established as a nonconforming use and operating in compliance with the regulations in Section 20-8. Sec. 8-2. Uses permitted by right. A. Land and/or buildings in the R-3 District may be used for the following purposes by right: 1. Multiple-family dwelling units, including single-family attached dwelling units, and apartment buildings.
2. S ingle-family detached dwelling units. 3. A ccessory buildings and uses associated with the above permitted uses, including: a. A utomobile garages. b. H ealth club facilities intended primarily for residents of the residential complex. c. R ecreational facilities intended exclusively for residents of the residential complex such as pools and tennis courts and other similar uses. d. C ommunity center building. Accessory buildings shall also comply with regulations contained in Section 3-2 of this ordinance. As provided in Section 8-3, carports are permitted in the R-3 District by special use permit only. 4. H ome occupations pursuant to Section 3-26. 5. S tate-licensed residential care family facilities. 6. S tate-licensed family day-care centers. 7. Municipal parks. 8. Public utility or service buildings, not requiring the outdoor storage of materials. B. S hort-term rental units are prohibited in the R-3 District except when established as a nonconforming use and operating in compliance with the regulations in Section 20-8. Section 3. Addition. Section 20-8 of the New Buffalo Zoning Ordinance is added to read as follows: Sec. 20-8. Nonconforming short-term rental units. A. Nonconforming short-term rental units permitted. Short-term rental units that existed and were registered under Chapter 11 of the Code of Ordinances as of November 23, 2021, the effective date of the amendment creating this section, may be continued as nonconforming uses so long as they conforms to the regulations provided herein. B. R egulations. Notwithstanding any other provision of this ordinance: 1. The ability to operate a nonconforming short-term rental unit is not impaired by the
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THURSDAY, DECEMBER 2, 2021 21
PUBLIC NOTICES
making of modifications, improvements, or repairs to the structure or land where the use is located. However, if the underlying residential use is nonconforming, the underlying use may be impaired by such activities as provided in section 20-5. The ability to operate a nonconforming shortterm rental unit is not impaired by any transfer of ownership or control of the property, unless the right to continue operating a short-term rental unit is later deemed abandoned by the new owner subsection B.3 below. New owners are responsible for obtaining renewal permits in accordance with the processes provided in Chapter 11 of the Code of Ordinances. 3. A short-term rental unit shall be deemed abandoned if either of the following transpire: (a) The short-term rental unit is not rented for one or more short-term rental terms within a period of 12 months. The failure to submit a short-term rental reservation summary for the unit, as required by Section 11-4 of the City Code, for a period of one year or more shall constitute conclusive evidence of abandonment pursuant to this subsection. (b) The short-term rental permit for the property expires, terminates, or becomes invalid and a new permit or renewal permit is not obtained within the later of: (i) 12 months from the
expiration, termination, or invalidation; or (ii) in cases where the permit has been revoked pursuant to Chapter 11 of the Code, 6 months from the date when the period of ineligibility expires. 4. Notwithstanding subsection B.3, the ability to operate a nonconforming short-term rental unit is not impaired by the demolition of the structure in which the use is located, so long as: a. T here is a valid short-term rental permit in effect at the time of the demolition, and b. A short-term rental permit is obtained for the newly constructed dwelling on the property within 18 months of the date of the demolition permit.
Section 4. Review after Implementation. Not later than November 1, 2022, City staff shall provide a report to the Planning Commission regarding the number of registered short-term rentals in each zoning district in the City. After receiving such report, the Planning Commission may evaluate whether the implementation of this ordinance has achieved its intent and what, if any, amendments should be made. Section 5. Publication and Effective Date. The City Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation in the City, and the ordinance shall be effective 20 days after enactment or upon publication, whichever is later. YEAS: Lijewski, Flanagan, Mayor Humphrey 30 N Whittaker St NAYS: Deli by day ABSTAIN: ABSENT: Robertson, O’Donnell
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CERTIFICATION This is a true and complete copy of Ordinance No. 253 adopted at a regular meeting of the New Buffalo City Council held on November 23, 2021. JOHN HUMPHREY, MAYOR ANN M. FIDLER, Open 6 days Open 6 days CITY CLERK davidsdeliandcoffee.com davidsdeliandcoffee.com
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