Continuously serving Kosciusko County since 1854
NORTH MANCHESTER - Town council members Wednesday heard a report from town manager Dan Hannaford about a court case with Toby Seiler, Rochester, who sued the North Manchester plan commission because of insufficent notice on his property's condemnation. The Seiler property, 802 W. Main St., was condemned on five counts of separate hazards.
The court agreed the plan commission gave Seiler insufficient notice. The Indiana open door law gives property owners 10 days prior to condemnation to bring evidence and/or make changes to the property, according to Hannaford.
Because the court ruled against the plan commission, the commission must give Seiler one hour in a public forum to present evidence concerning his property condemnation.
Both sides, the plan commission and Seiler, will have an opportunity to present evidence.
Only the five members of the plan commission who first heard the case are allowed to vote and all five must be present.
The public meeting is scheduled for Monday at 7 p.m. in the Public Safety Building.
In other business, the council:
• Announced three quotes from demolition companies for bringing down the old water tower.
John Mugford, superintendent of public works, said the tower holds only a two-hour supply of water compared to the amounts now used in Manchester.
Mugford has planned the tower's end for a year, though other water projects had priority. Since the water system's update, the tower fell out of compatibility. The tower has been out of use since 1992.
The tower is filled with water merely to keep it from toppling over in the wind, said Mugford.
"It's a landmark," said council member Warren Garner.
"It's a hazard," said Mugford.
The lowest bid was $13,462 from Steel Smith Tank Co., Bethel, Mo. Pittsburgh Tower Co. Inc. bid $17,310, which was the highest bid.
The bid committee will review the matter further.
• Granted Police Chief Learned's request for observing Halloween on Oct. 31 from 5 to 8 p.m. and a 9 p.m. curfew, if needed.
• Heard from Mugford about hydrant flushes Oct. 15-19 from 7 a.m. to 4 p.m., weather permitting. He suggested that residents do laundry in the evenings.
The dead-end water lines have lain stagnant and need to be flushed for fresh water. The flushing is done annually.
• Had Chief Learned display the domestic violence sign in honor of October, which is domestic violence awareness month. The sign announces: "There's no room for domestic violence."
The signs will be hung at the state road entrances to North Manchester, Manchester College campus and Manchester schools.
The North Manchester Town Council includes: president Don Rinearson, vice president Stan Escott, Karl Merritt, Warren Garner, Charles Tiede and Bill Hix. Clerk-treasurer is Nancy Reed. Town manager is Dan Hannaford. Public works superintendent is John Mugford. Public safety director is Jack Fetrow, and plan commissioner is Bernie Ferringer.
