Continuously serving Kosciusko County since 1854
WINONA LAKE - The Town Council was informed by legal counsel that it has been named as a codefendant in a federal lawsuit filed by Jerald Womack.
"We (the town) have been named in a lawsuit filed in federal court by Womack," said town attorney Jim Walmer. "We need to check to make sure our insurance carrier will cover the costs of defending the town in the case."
Walmer added that the case centers around allegations of civil rights violations.
Womack named the town as a co-defendant in the suit, which alleges his civil rights were violated in what Womack and his attorneys claim was an illegal search of his brother's Winona Lake home in October 1996. Womack was a suspect in a series of break-ins during the summer and fall of 1996 and Winona Lake police participated in the search. Their participation is the basis for the town being named in the lawsuit.
Also named as defendants in the suit are Warsaw Mayor Ernie Wiggins, city of Warsaw and Indiana State Police.
In other business, the council approved a $2-per-month increase in the town's sewer rate.
"I don't think there's any question that the (sewer) rates are going to have to be raised," said Councilman Randy Ruppel. "I move that we raise the sewer rates to $31 per month."
In reporting to the board regarding a request by Country Garden Estates residents to have the town take over the housing subdivision's street, town engineer Larry Long said extensive upgrades will have to be made to the streets to bring them up to town standards.
"The bottom line is we're looking at a 1-inch overlay of asphalt, and a whole section of paving where there is only gravel," Long said. "In addition, curbs and gutters will need to be installed to handle storm water drainage."
Long added that the developers of the subdivision elected not to construct the streets to town standards and the residents will be responsible for the $150,000 to bring the streets up to those standards.
"We have subdivisions built since this one that have curbs and gutters to meet our specifications and the developers (of Country Garden Estates) chose not to meet our specifications," he said.
On the Grace Avenue-Oak Street storm drainage project, Long said no bids have been received. As a result, he changed the scope of the project. The council approved advertising the revised project for bids.
The council also announced a tire and appliance recycling day will be conducted at Lewis Salvage Corp., 1961 White Industrial Drive, Warsaw, from 8 a.m. to noon Sept. 12. Old tires, refrigerators, stoves, air conditioners and freezers will be accepted free. Tires on rims will be accepted for a $2 charge.
