being billed for their store meter and billed separately for their irrigation. "A lot of companies have just one meter and the storm and irrigation are all in one meter, but they had two sepa rate ones," Jenkins said. She said the city's history only goes back to 2011 because the city changed software in 2010. Walmart agreed to a 10 year refund and asked that the city just credit the refund to their store's wastewater account. City attorney Scott Reust told the Board, "Honestly, the city of Warsaw has no inter est in billing people for stuff that we shouldn't bill. I don't think it was the fault of our billing department, it was coded by American Water that way. But now that we've learned of the error, I think it is only fair and legal that you should refund the money the best that we can based on the records that we have. We don't want to have an unjust enrichment for something that we shouldn't be charging for." Board member George Clemens said based on Reust's recommendation, it was only fair to refund the money to Walmart. He made a motion to approve the refund and the motion was approved 2 0. Mayor Joe Thallemer was absent from Friday's meeting. In other business, the Board approved: A pay application from Structurepoint for the Anchorage Road project for $9,511.77. It is an 80/20 Indiana Department of Transportation funded proj ect, with INDOT reimbursing 80% of each phase of the project over the next four years. The city's funds will come out of the Economic Development Income Tax, Warsaw Community Economic and Development Director Jeremy Skinner said. Skinner also presented a pay application from Structurepoint for $123 for the Anchorage Road project. "This is the first right of way pay application for right of way services," he said. "We are embarking on the right of way section of this project. Hopefully, over the next three to four months, we'll have all the right of way acquired and be ready to let this in late 2022." The $123 pay applica tion was approved. A memorandum of understanding between the city and the Michiana Area Council of Governments for the city to provide $5,000 per year for three years to help fund an active transportation planner with MACOG. The amount is the same the city paid the last three years to help fund the position. The final design draw ings for the Lincoln Neighborhood sidewalk proj ect. The project is on track to be bid out in early 2022. The cost for the pedestrian infra structure project is $1.6 mil lion and will improve walka bility for students and resi dents to the west of Lincoln Elementary. The project is part of an 80/20 grant from INDOT awarded to the city three years ago. City Planner Justin Taylor also presented parcels for the city to permanently acquire for the right of way needed for the sidewalk project. The total for the parcels to be acquired is $34,555. Taylor said this was the first batch of nine parcels and there are about seven more the city will need to acquire for the project. The Board approved the parcels, along with a pay application from The Troyer Group for $5,995 for right of way services. INDOT will pay for 80% of the costs. An agreement with Regroup Mass Notification for $8,222.19 to provide mass notifications to city res idents for 14 months, as requested by Staci Young, assistant to the mayor. A contract between the city and VS Engineering for design engineering to improve access to the east/west alley connecting Union and Miami streets south of the Main Street extension, which is the area of the new Gateway Grove residential development The cost is $18,700. The renewal of the annu al contract between the Warsaw Police Department and Pro Air Inc. for mainte nance on the air tanks for the Dive Team, as requested by Police Chief Scott Whitaker. The maintenance fees are paid by each department. The fire department pays $2,540 and WPD pays $1,270. The interlocal agree ment between Kosciusko County and the city for $30,000. WPD pays the annu al $30,000 for maintenance fees as well as access to the county's records manage ment server. The fire depart ment also has access to the records. Signing the sales pur chase agreement with Lassus Brothers Oil. Whitaker said on July 19, the Board of Works approved, on behalf of the city, the Lassus Brothers bid for 2022 to provide 87 octane unleaded gasoline and mid grade diesel fuel for city vehicles. The fixed fuel price for 2022 will be $2.576 per gallon for unleaded. Diesel fuel may be pur chased, as needed, at the cur rent pump price. Change order No. 1 for the traffic signal moderniza tion project at the intersec tions of Center and Lake streets and Center and Indiana streets. The change order is from Hawk Enterprises Inc. and repre sents a decrease of $8,905.03. Street Superintendent Dustin Dillon said the change order was for quantity adjustments of items. Dillon also presented the final pay application from Hawk Enterprises for $70,696.27 for the traffic sig nal modernization project, which was approved. A disbursement of $1,170 to NV Grant Services, which certifies the payrolls for the contractor needed for the city's State Revolving Fund loan for the wastewater plant expansion, as request ed by Utility Superintendent Brian Davison. Davison also presented a claim of $24,893 from Wessler Engineering for oversight of the wastewater plant expansion, which the Board approved. An agreement with Laughing Stock Productions to provide a Santa Claus for the 2021 Light Up the Night event on Dec. 3 to meet and greet with children. The con tract is for $330. Recreation Director Stephanie Schaefer said the previous person to play Santa Claus is no longer able to attend so she had to find a new one. Reust asked Schaefer to get a written clar ification from the previous Santa Claus that his contract is null and void. The new hire/change in payroll report as presented by Human Resource Director Jennifer Whitaker. The report includes two new full time patrol officers, nonproba tionary status - Tyler Denniston ($2,354.70 biweekly) and Ryan Connors ($2,266.66 biweekly) with start dates of Dec. 12 - and a probationary full time patrol officer, Kevin Kyle ($2,310.69 biweekly), with a start date of Nov. 8. Charlotte Poe is also a new hire at the police department as a records clerk ($17 an hour), begin ning Nov. 8. Mathew Trump at the street department obtained his CDL so his pay increases to $17.80 per hour. The closure of Grant Street between East Winona Avenue and Smith Street from 8 a.m. to 7 p.m. Nov. 20 for Fellowship Missions Inc.'s Warming Hearts - Healing Souls. Fellowship Missions Executive Director Eric Lane said the event is their annual banquet and Grant Street is between the two properties Fellowship Missions own. He said they want Grant Street closed so they can do a food distribution and banquet outside.
Co-Publishers Chandler M. Williams Erin L. Williams General Manager David Hays Managing Editor David Slone Consultant Gary Gerard Comptroller Jessica Rodriguez Advertising Mgr. Paul Smith Composing & Spotlight Mgr. Deb Swick Prod. Director Gary Kunkle Sports Editor Connor McCann Associate Eds. Jackie Gorski Photographer Gary Nieter
DIGEST
Weekend, November 6 & 7, 2021 Warsaw, Indiana
TIMES-UNION 2A
Personals
Times-Union
Warsaw Union Northern Indianian Founded 1854 Founded 1856
The Times-Union is an Independent Republican newspaper founded as the Northern Indianian by General Reub Williams on Jan. 10, 1856. It is published daily, except Sunday and certain holidays, with four quarterly special issues at The Times Building, Indiana and Market streets by High-Key Enterprises LLC, P.O. Box 1448, (574) 267-3111. Periodical class postage paid at Post Office, Warsaw, IN., 46580 (USPS-666-680) POSTMASTER: Send address changes to Times-Union, P.O. Box 1448, Warsaw, IN., 46581-1448.
Website: timesuniononline.com E-mail addresses: news@timesuniononline.com circulation@timesuniononline.com adver tising@timesunionline.com BUSINESS HOURS - 8 a.m. to 5 p.m. Monday through Friday. Saturday, circulation calls only, 7:30 to 9:30 a.m. SUBSCRIPTION RATES - Effective Jan. 1, 2021. Price per single issue $1 daily, $1.50 Saturday. Same-day postal delivery $14.75 per month or $13.75 for seniors and Au- toPay. By mail adjoining counties $17.75 per month.
This newspaper is printed on recycled paper and is recyclable.
Friday Close
Lakeland Financial . . .73.82 . .+1.48 Bristol-Myers . . . . . . .59.45 . .+0.20 Century Link . . . . . . . .14.10 . .+0.38 CTS Corporation . . . . .37.62 . .+0.93 Dana Corporation . . . .23.58 . .+0.33 Johnson & Johnson . .163.37 . .-1.23 Lowe's Companies . .235.52 . .-2.26 Medtronic . . . . . . . . .122.98 . .+2.29 Nisource . . . . . . . . . . .25.31 . .+0.24 RR Donnelley . . . . . . . .9.16 . .+0.14 SPX Corporation . . . . .66.35 . .+4.21 Steel Dynamics . . . . . .65.04 . .+0.76 Wal-Mart . . . . . . . . .150.28 . .-1.00 Zimmer Biomet . . . . .141.59 . .+3.84 DOW JONES . . . .36,327.95+203.72 NASDAQ . . . . . . .15,971.59 .+31.28 Treasury Note10 year . . . . .1.4514%
Peanut Brittle for sale at the Good Shep- herd Church of Winona Lake. Monday-Friday 9 am-1:00 pm Corner of College and 8th, Wi- nona Lake. (574)267-7595.
Refund
Continued From Page 1A
meet in person and have live events, and we've been want ing to help out with Habitat for quite a while now and we're finally able to come in and donate our time here today in the shop." There's been at least one DePuy volunteer working on each of the three days of the event. Friday, there were six helping rearrange some of the things in the outlet store. Brown said the Young Professionals ERG has 60 members, with 15 of them volunteering this weekend at Habitat. Logan explained how the DePuy volunteers were assisting at the store. He said, "It's a lot of helping cus tomers, a lot of processing and cleaning donations that we've received. The commu nity around us has been very generous, but our building is only so big, so we have to keep things moving so that the people in the store can get the donations that they need and buy the furnishings and home improvement goods that they need. The (DePuy) employees are help ing us process through things, possibly throw a few things out, scrap a few things, bring all the good stuff for ward. So, really, when you have a lot of hands, that work goes fast." After the experience with DePuy, Logan said he'd like to do it again with other groups. "I think it would be a real ly great opportunity, espe cially for those larger organi zations wanting to see more of their employees get involved," Logan said. He said he would love to see them on the build side, as well as at the store. "I think this is a great opportunity for other compa nies as well," Logan said. Brown said one key ele ment of the group's credo and DePuy's mission state ment is "around community and donating our time in developing the community around us. We really wanted to reach out and do that here in Warsaw, and we feel like we want to have a bigger footprint in Warsaw overall and make sure that this next home build we can be involved with it and it's going to be a great opportunity for all parties involved." The next Habitat for Humanity of Kosciusko County build was planned for this fall, but Logan said that is looking like it may be pushed back to spring 2022. Construction costs and the housing market have "really put a damper on our build schedule," he said, but Habitat is hoping to "shelter through the winter and really start strong in the spring. But we're always open for mira cles," he said. It will be the 35th home built by Habitat for Humanity of Kosciusko County. The build is taking place in Warsaw, and is for a grand mother named Missy, who is currently a contractor at DePuy, according to a previ ous news release provided by Logan. The ReSale Outlet is at 3970 Corridor Drive, Warsaw, and is open Thursday through Saturday, 9 a.m. to 5 p.m. "It's all donations from the local community. Heavily dis counted prices. You're not going to find these prices in retail. I would encourage everyone to come out and shop. All the money goes back to supporting Habitat and our operations of build ing houses locally," Logan stated. To learn more about the ReSale Outlet, visit kosciusko habitat.org/resale/. If you would like to support the new build, visit the website kosciuskohabitat.org/give/. If you would like to volun teer with Habitat, fill out the volunteer form at the website at kosciuskohabitat.org/vol unteer/.
Young
Continued From Page 1A
and provide less disruption to families, schools and holi day gatherings. The KCHD immunization clinic will devote Tuesday clinics to pediatric COVID vaccine. There are other community venues providing pediatric COVID immuniza tion. To find a pediatric COVID vaccine resource and to reg ister, visit online at ourshot.IN.gov or call 211.
KCHD
Continued From Page 1A
behind a little bit. He said Mentone Dental will provide typical dental services such as crowns, fill ings, cleanings, braces and implants. Sometimes, he said, small towns don't have the orthopedics or implants in their local dental office. Mentone Dental will start being open Fridays 8 a.m. to 5 p.m. until the client base grows and then will be open as business allows. Snyder said the phone lines at 574 598 2997 will be open, so people can call the office any time. Someone is usually in the office from 8 a.m. to 3 p.m. Thursdays. Bower said the voicemails people leave will go to staff email, so they will get the message, even if staff don't answer the phone.
New
Continued From Page 1A
JEFFERSON CITY, Mo. (AP) - More than two dozen Republican led states filed lawsuits Friday challenging President Joe Biden's vaccine requirement for private com panies, setting up a high stakes legal showdown pit ting federal authority against states' rights. The requirement issued Thursday by the federal Occupational Safety and Health Administration applies to businesses with more than 100 employees. Their workers must be vacci nated against COVID 19 by Jan. 4 or face mask require ments and weekly tests. The lawsuits ask courts to decide whether the administration's effort to curtail the pandemic represents a federal power grab and usurps the authori ty of states to set health poli cy. At least 26 states filed lawsuits challenging the rule. "This mandate is uncon stitutional, unlawful and unwise," Missouri Attorney General Eric Schmitt said in a court filing in the St. Louis based 8th U.S. Circuit Court of Appeals on behalf of 11 states. The Biden administration has been encouraging wide spread vaccinations as the quickest way out of the pan demic. A White House spokeswoman said Thursday that the mandate was intend ed to halt the spread of a dis ease that has claimed more than 750,000 lives in the U.S. The administration says it is confident that its require ment, which includes penal ties of nearly $14,000 per violation, will withstand legal challenges in part because its safety rules pre empt state laws. Seema Nanda, solicitor for the U.S. Department of Labor, said in a statement Friday that the federal Occupational Safety and Health Act gives OSHA the authority to act quickly during an emergency if it finds workers are subject to a grave danger. The agency contends its temporary rule also preempts any state or local bans on employers' ability to require vaccines. "We are fully prepared to defend this standard in court," Nanda said. Lawrence Gostin, a profes sor at Georgetown University Law Center and director of the World Health Organization's center on health law, said the half cen tury old law that created OSHA gives it the power to set minimum workplace safe ty measures. "I think that Biden is on rock solid legal ground," he said. Critics have taken aim at some aspects of the require ment, including that it was adopted as an emergency measure rather than after the agency's regular rule making process. "This is a real emergency," said Gostin, who has spoken with the Biden administra tion about the requirement. "In fact, it's a national crisis. Any delay would cause thou sands of deaths." Missouri's lawsuit was joined by the Republican attorneys general of Alaska, Arizona, Arkansas, Montana, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. Also joining the lawsuit was the office of Iowa Attorney General Tom Miller, the only Democratic attorney general to take part in the legal challenges to the mandate. In a statement, Miller said he was filing at the behest of Gov. Kim Reynolds, a Republican: "It is my duty, under the law, to prosecute or defend any actions in court when requested by the governor." Other coalitions of states also filed lawsuits Friday: Louisiana, Mississippi, South Carolina, Texas, Utah in the New Orleans based 5th U.S. Circuit Court of Appeals; Kansas, Kentucky, Idaho, Ohio, Oklahoma, Tennessee and West Virginia in the Cincinnati based 6th Circuit; and Alabama, Florida and Georgia in the Atlanta based 11th Circuit. The states filed the law suits in the most conserva tive appeals courts in the country, courts where appointees of former President Donald Trump bol stered Republican appointed majorities. It's unclear whether different judges will rule on the challenges sepa rately at first, or whether the cases will be consolidated in one court early in the process. Several businesses, asso ciations and religious groups also joined with the states' petitions, and some filed law suits on their own. Among them are a conser vative media company, two Wisconsin manufacturers, companies in Michigan and Ohio, the owner of 15 gro cery stores in Louisiana and Mississippi, and a group of remote workers in Texas. All are represented by conserva tive law firms. "Over the past 20 months, my employees have showed up to work and served their communities in the face of COVID and hurricanes. Now I'm being told by the govern ment to insert myself into their private health deci sions?" Brandon Trosclair, owner of grocery stores that employ about 500 workers, said in a statement. "That's wrong and I won't stand for it." The Daily Wire media company objected on several fronts, including the idea that employers will have to track which workers have been vaccinated and treat those who have received shots dif ferently from those who have not. "What the government is asking us to do is discrimi nate against our own employee over their own personal health care deci sions," said Jeremy Boreing, co CEO of the company. Shannon Royce, president of the Christian Employers Alliance, said the group was n't challenging the rule out of opposition to vaccines, not ing that some group mem bers have provided incen tives for employees to get the shot. Instead, they "oppose being used as a tool" of the federal government.
Lawsuits Over Workplace Vaccine Rule Focus On States' Rights
Previous Page