03-08-2018 Paw Paw River kayaker still missing; County extends flooding state of emergency; New evid

COMBINED FORCES… It became official November 17, 2017 when the members of Benton Harbor’s Veterans of Foreign Wars Fruit Belt Post 1137 consolidated their membership with Watervliet VFW Post 6803. The new charter acknowledging the merger now designates the group as Watervliet Post 1137. It combines the name of the receiving post with numbers of the senior post into a single moniker. Commander Corky (Glenn) Openneer Jr. (left) displays the new charter with Quartermaster Bob Williams formerly of the Fruit Belt Post. Williams brings with him a membership roster of 185 vets, mostly Life Members with an active crew of a dozen to join up with Watervliet’s 60 members with also a dozen that are regularly active. Benton Harbor has liquidated their former building located on Napier Avenue across from Lake Michigan College to join Watervliet whose site is located at 8777 Red Arrow Highway. This is the second such consolidation for Watervliet going back to the 1960s when a much smaller Coloma post came on board. The additional “troops” will be a welcome addition when the group goes to work as they have done for years on the big three holidays: Memorial Day, 4th of July and Labor Day. On these holidays they man the concession trailer to serve coffee and snacks to thousands of travelers visiting the I-94 rest area near John Goff Road. (TCR photo by Jon Bisnett)

Police and Fire Reports

By Annette Christie

Local State of Emergency continues; southern part of county hit hardest

Rising temperatures, heavy continuous rain, and melting snow led to widespread flooding which began the last week of February and still plagues Berrien County, mostly in the southern portion of the county.County officials declared a Local State of Emergency on Friday, February 23.

The declaration is a formality that allows the local municipalities to utilize county resources in their recovery and damage assessments as a result of the natural disaster.  It will be forward to the State of Michigan in an attempt to make state resources available to the County of Berrien and the local communities that are being affected by the flooding and the damage caused by this natural disaster.Roads that may continue to be closed will be posted on the Berrien County website (www.berriencounty.org) under the Road Department page. While roadways may not have standing water across the road, barricades may still remain on the scene.  The road may still need to be inspected by the Michigan Department of Transportation, the Berrien County Road Department, or the local public works departments to ensure the road is structurally sound.   Do not drive vehicles or heavy equipment through water and do not drive around or move barricades blocking roadways. Flooding can weaken roads or cause them to wash out entirely, making driving through flooded areas dangerous.Efforts to assess the damage and clean it up are being made.  Over the past weekend volunteers rallied to clean up Berrien Springs and the Niles area, two of the hardest hit.  Damage from the storm can also be reported on the Berrien County website on the Sheriff Department’s page.There is an abundance of information available on mold, flood cleanup, hazards, etc. on the Berrien County Health Department Website at www.bchdmi.org.  Those interested should look for the Civic Alerts section.Berrien County Animal Control has assisted with collecting household pets from assorted areas that were evacuated due to the flooding. For any individuals looking for their pets, they should contact Berrien County Animal Control at (269) 927-5648 during normal business hours from 8:30 a.m. – 4:30 p.m.  After hours, a citizen may call the non-emergency dispatch number at 269-983-7141 to establish a contact with the Animal Control Department.

Disaster Relief Fund

 To help address the needs of the residents affected by flooding, United Way of Southwest Michigan and the Berrien Community Foundation have partnered to establish a Disaster Relief Fund to help with the recovery needs of the families impacted. They announced that 100% of all the funds would go directly to disaster relief assistance through the American Red Cross of Southwest Michigan.“All dollars raised by this Relief Fund will be used to help with both immediate, basic needs and long-term recovery of families affected by the flooding,” states Anna Murphy, President of United Way of Southwest Michigan.To give to the Disaster Relief Fund, visit www.uwsm.org/relief or text UWSMRELIEF to 51555. To make a donation by cash or check, send it to Disaster Relief Fund, c/o Berrien Community Foundation, 2900 South State Street, Suite 2E, St. Joseph, MI 49085.United Way and the Berrien Community Foundation are working closely with the Red Cross for any emergency volunteer needs. The Red Cross volunteers on the ground and in shelters have many hours of specialized training to prepare them for disaster response. Please understand that untrained volunteer opportunities might be limited until new needs are identified. If you are interested in volunteering, please contact Julie Laurent, Volunteer Engagement Manager at United Way at (269) 932-3566 or by email at julee.laurent@uwsm.org.

Paw Paw River kayaker still missing

SEARCHING… Members of the Watervliet Fire Department on the Paw Paw River last week looking for a kayaker that has been missing since February 27.

The search for a kayaker on the Paw Paw River continues one week after he went missing.The Berrien County Public Safety Communication Center received a 911 call at approximately 7:44 p.m. on February 27, 2018 regarding a missing kayaker in the Paw Paw River.  Emergency responders were directed to the Paw Paw River in Watervliet Township.Three individuals were kayaking the river near 4265 R. Smith Street in Watervliet when two of the kayaks struck a log in the river.  One individual swam to shore and the second individual is currently missing.  The missing individual was later identified as Cory Wright, 35, of Niles. The names of the other individuals were not released.Multiple emergency services crews have been on the scene since Wright went missing including the Watervliet Fire Department, the Berrien County Sheriff’s Dive Team, Michigan State Police, North Berrien Fire Rescue Department, Berrien County Sheriff’s Marine Division, Coloma Township Police and Medic 1.At the initial release of information the Berrien County Sheriff’s Office Dive Team was on scene conducting a search.  An incident command center had been opened near the scene.On March 6, the Michigan State Police cadaver dog was brought in to aid in the search.Watervliet Fire Chief Dan Jones said the department has logged over 600 man hours in the search for Wright.  The condition of the river due to recent flooding has made the search difficult at best.It is in responses like this that all the resources the department and other agencies have accommodate the search. The inflatable that the department owns, underwater cameras, use of drones, and hi-tech computer mapping, are making it possible for the department to conduct the search with accuracy.Jones said they will continue to search for Wright but warns that they will have to scale back.  They have been searching since the call came in all while maintaining their other standard calls such as structure fires, a commercial fire, and medical calls.“This has been an exhaustive search and I give it to everyone who has been out here helping,” Jones said.  He went on to say he feels very fortunate that they have had the equipment and manpower needed answer the task.

Perez trial delayed again

 The alleged murderer of a Hagar Township woman and her father will receive another delay in his trial date after his attorney requested more time for mental testing.Alex Perez, 26, faces first degree murder charges in the deaths of Renee Mitchell, 27 and her father John Mitchell, 68.  The Mitchells were found dead in their Hagar Township home from a concerned relative on January 14, 2016.  Upon finding them, it was determined that Renee Mitchell’s two children that she had with Perez, were missing.A nation-wide Amber Alert was issued for the then three and four-year-old girls.  They were found to be in the possession of Perez in Georgetown, Colorado.  Published reports state that since then, his parental rights have been terminated.The road to justice for the Mitchell family has been a long one and will be even longer now that another delay was granted.Upon his arrest Perez delayed the return to Michigan to face the charges by fighting his extradition.  It was later determined that he was not mentally competent to stand trial.  It was ordered that Perez would be transferred to a state psychiatric hospital for treatment; however, there were no beds available at the in-patient facility.  Once there was room, Perez was transferred for treatment for five months. It was then determined that he was competent.Berrien County Judge Scott Schofield made the ruling that Perez was competent in July 2017 based on progress reports from the hospital. Published reports state that there is still some question about the criminal responsibility, or his state of mind, at the time of the alleged crime.  While details of the psychiatric examination are not made available, it was confirmed that Perez was tested for criminal responsibility. Perez’s lawyer, Richard Sammis however, wanted an independent psychiatrist.At the time that Schofield approved the psychiatrist services he requested information from Sammis such as who will do the exam, the cost, and the length of time this will take before results are available.That independent examiner is now asking for more time and once again a delay has been granted for the trial that was due to begin March 20.In a court hearing on Monday, March 5, Schofield granted the delay, putting off the trial start date until May 15, 2017.

Local school threats investigated

For more information on this, see letter from Berrien County Prosecuting Attorney Michael J. Sepic on Page 6.

New evidence causes Hartford to rethink dispensary site

By Jon Bisnett

Just a week ago Hartford City Manager Yemi Akinwale denied making any public statement, as quoted in the Herald-Palladium, vetting the site at 11 West Main as compliant to the city ordinance requiring 500’ from a church for a medical marijuana provisioning business. Akinwale supported an alternative site, recommended by City Attorney Harold Shuitmaker, located at 309 W. Main, near Ely Park which is slated to get new children’s playground equipment installed this year and is home to the family-oriented Strawberry Festival.Hartford City Council was informed at their meeting on February 27 of evidence presented by Alex Von Koenig of Med+Leaf. Von Koenig calls into question

WHEN IS A CHURCH NOT A CHURCH? Will be the question the City of Hartford needs to determine in regarding the Michigan Indonesian Seventh Day Adventist Church located at 9 West Shepard Street. The sign lists services Wednesday 8:00 p.m. and Saturday at 11:00 a.m. and 12:30 p.m. The applicants of Hartford’s first medical marijuana dispensary contend that the building is abandoned with no utilities or weekly activity. The building has obvious structural flaws as indicated by issues with the foundation. Should the City find the building not to be a “church or place of worship” as spelled out in the new Medical Marijuana Ordinance, the controversy over the protocol to measure distance from it to the applicant’s building at 11 West Main may be a moot point. (TCR photo by Jon Bisnett)

the validity of the “church” located at 9 West Shepard. Von Koenig claims his research concludes that utilities are shut off at the site, and repeated attempts to contact the governing Seventh Day Adventist (SDA) body have resulted in dead ends.Neither Akinwale nor Mayor Rick Hall could substantiate if the church was active or not. The ordinance calls out 500’ from “church or place of worship.”Ensuing discussion led Mayor Hall to charge Akinwale with the responsibility to investigate the nature of operations of SDA property. It could have significant ramifications to the City’s obligation to approve Med+Leaf’s preferred site at 11 West Main, a building which it owns based on what the Med+Leaf owners contend was a public approval of the site by Akinwale speaking at the January Council Meeting.At the prior council meeting Doug Van Koenig, senior member of the Med+Leaf ownership team, made reference to copy of a Herald-Palladium article which quoted Akinwale to say the 11 West Main site was 570’ from the church. The application “looked good” pending walking through the final steps of the approval process, a statement that Akinwale denied making just a week ago. Due diligence on the part of Von Koenig led to a direct contact with HP staff writer Alexandra Newman. When asked as to her “fact checking” process Newman stated she makes a digital audio recording of the meeting and then writes from the playback. Von Koenig brought forth a written transcript of the audio file from the meeting in question and was prepared to play the file aloud for the council. A transcript of the audio provided to the Tri-City Record made it clear that Akinwale had indeed verbally vetted the site as the HP had quoted.Akinwale said it would not be necessary to play the audio.Von Koenig made it clear to the council that he wants to work things out, adding that they are all in effect financial partners in the venture. He further stated the fact that his attorney had forbid Med+Leaf from requesting any zoning variance, since from a legal standpoint Med+Leaf does not acknowledge the negative opinion from City Attorney Harold Shuitmaker calling the 11 W. Main site non-compliant.The council and Von Koenig were satisfied that the investigation of the church property would be conducted in what the Mayor estimated to be 7-10 days. Depending on the result, the Med+Leaf application could proceed to the next step of review by the Planning Commission at their March meeting.To protect their investment and business interests Med+Leaf is still working with a backup plan at the 309 W. Main address. Med+Leaf still intends, as it has from the onset, to operate discretely and compliantly at 11 W. Main to the best interest of all in terms of community sensitivities and public safety. “I know that nobody is going to mess with my building two doors down from the Police Department,” says Von Koenig.

Guests

Kevin Haight visited on behalf of the Two Rivers Coalition to provide a presentation on the efforts to develop the Paw Paw River for canoe and kayak navigation along the 68 miles of waterway spanning two counties from Paw Paw to Lake Michigan. Hartford City and Township has the largest segment of the river within their borders being 13.5 miles. Haight shared the cost of and progress of the most recent work to make the river navigable. He did so to set the stage for consideration of an annual contribution to the ongoing cleanup and maintenance effort. Haight says his organization will seek to schedule a “community paddle” this summer to offer a free kayaking experience to residents in an effort to increase awareness of the resource the Paw Paw River provides for both tourism and recreation.Further information is available at www.tworiverscoalition.org.

Communications

March Board of Review will take place March 20, 9:00 a.m. – 4:00 p.m. and 2:00 – 9:00 p.m. on the 21st.Van Buren Sportsman’s Club Annual Easter Egg Hunt is scheduled for March 24 at 1:00 p.m. in Ely Park.

Approval & Archive

The Council approved and archived the following meeting minutes: February 19 Workshop; January 22 Business; January 22 Closed Session; February 21 Special.Departmental reports from the month of January were unanimously approved and placed on file.

Old Business

Pride Care Ambulance was unanimously approved as provider for the city, slated to begin providing service at 12:01 a.m. on March 1.

New Business

Akinwale reported the 9.5 acres owned by the City is actually listed on Dunbar, not Marion. The City Assessor says the current State Equalized Value is $35,000. Akinwale responded to questions of contamination that the property had been certified as non-contaminated years ago with documentation of such on record.Having no further business, Mayor Hall adjourned the meeting at 8:40 p.m.