BOW Waives Sewer Bill For Property That Owner, City Didn't Know Was Hooked Into System
July 28, 2016 at 4:25 p.m.
By David [email protected]
Warsaw Wastewater Payment Office Manager Mary Lou Plummer said she was informed by city engineer James Emans that a smoke test on South Buffalo Street revealed that the property at 711 S. Buffalo St., owned by James and Mary Marsillett, was hooked into the city sewer. Both the Marsilletts and the city were unaware that it was tied into the city’s sewer system.
“But because they received service, I am required by the State Board of Accounts to bill for the past six years. I bill minimum with no penalties or fee,” Plummer said. At $32.60 per month, their total bill was $2,347.20.
Mayor Joe Thallemer asked if the property was a residence or business, and Plummer responded it was occupied by a business.
The property has a well. Mary Marsillett told the Board that when they purchased the building in 2008, they asked about that and were told they had their own septic. She said “a lot” of their water runs out into the back part of their property.
“We just assumed we had a sewer. I had no idea,” she said, noting that the previous owner, Gordon Everly, “evidently never had a sewer bill.”
She said she didn’t have a problem paying a sewer bill if she’s on the city’s sewer system, but the city should have known the building was on the city’s sewer system before now.
“If I was aware of that, I would have been paying. But for me to back up and pay six years, I don’t think that’s really fair because ... why didn’t someone approach me before now?” Marsillett asked, adding that she pays taxes and is not on city water but has well water.
She said the business doesn’t use a lot of water, just for the two bathrooms in the building.
Thallemer asked her, “If you were on septic for six years, did you think it odd that you didn’t have any maintenance to do on the septic system?”
Marsillett said with only two bathrooms in the business, it doesn’t get used much.
Plummer told the Board that the city has “no idea” when the property was hooked into the city sewer and that adjacent neighbors are billed for city sewer.
Emans explained that the contractor doing the smoke test in the city sewers discovered the property was hooked into the city’s system. The contractor then informed Emans that the property was on the system, even though it was shown on records that it wasn’t.
Thallemer said the city tries to be fair to a property owner in “a situation like this,” and that the most he felt comfortable backbilling “would be maybe a year, if that.”
Member Jeff Grose said, “This oversight frustrates me because, representing the taxpayers and businesses, I feel like if we’re going to be billing people we should know who we’re billing, who we’re serving, and the fact is we hadn’t and we’re working to fix that.” In this case, he said he felt the Board should waive the whole $2,347.20 and start fresh.
After a little more discussion, Grose made a motion to waive the full amount and start billing the Marsilletts for city sewer now. The motion was unanimously approved.
In other business, the Board of Works approved:
• The Market Street phase 2 claim and reimbursement request from VS Engineering Inc. for $3,992.88. The claim is for continued design work on the remaining portion of Market Street. The Planning Department also will submit a reimbursement voucher to INDOT for 80 percent of the invoice total since it is a state grant project.
• 2016 survey rates for John Kimpel & Associates. The rates range from $65 per hour for general office work, technician, to $170 per hour for three-man GPS/robot field work.
• The fee agreement for 2016 legal services provided by Green & Grossnickle LLP as requested by the Warsaw-Wayne Fire Territory. The rate of $150 per hour and retainer fee of $500 is the same as the prior year.
• A road closure request for the Market Street ribbon-cutting ceremony Jan. 25 from approximately 12:45 to 1:30 p.m.
• A road closure request for City of Lakes Cruise-In May 15 from approximately 6 a.m. to 7 p.m.
• The Kosciusko County REMC Operation Round Up grant for $1,500 for the Warsaw Parks & Recreation Department. The funds will be used to support the free entertainment portion of the Family Carnival.
• For Parks Recreation Director Sheila Wieringa to apply for the Indiana Arts Commission Grant for the fiscal cycle of 2016-17 for $5,000. The grant would be used to support the Central Park Concert Series. It is a matching grant, but money was budgeted for the expense.
• A $1,500 contract with Monster Message/Flint Creative Consulting for Monster Message to provide a screen apparatus to view a movie on Family Movie Nights in Central Park on July 16 and Sept. 17.
• An agreement with Arab Pest Control, Warsaw, at $103 per month for the spraying of the Pete Thorn Center, Center Lake Pavilion, Fireman’s Building and Nye Youth Cabin, as requested by the Parks & Recreation Department.
Currently, the Parks Department is paying $124 per month to Ace Pest Control, North Webster, and have had to have two exterior treatments applied at a cost of $200 each. Arab Pest Control’s proposal is $103 per month and offers a free exterior treatment to each facility each year, according to a letter from Parks Superintendent Larry Plummer to the Board.
• An agreement with Wastewater Solutions Inc. for 2016 training as requested by the Warsaw Wastewater Utility.
The four-day training sessions on Aug. 8-11 will cost $14,960, and compensation includes all preparation and travel time, onsite labor, student materials and all other direct costs.
• For the Warsaw Police Department to apply for a grant through the K21 Health Foundation for DARE graduate T-shirts. The grant request will be for $4,000 to outfit approximately 620 students.
• 2016 street closures for First Friday events and the Sept. 30 Indiana Bicentennial event.
• The MedStat 2016 pricing list, change in payrolls and travel requests as presented by the human resources department.[[In-content Ad]]
Warsaw Wastewater Payment Office Manager Mary Lou Plummer said she was informed by city engineer James Emans that a smoke test on South Buffalo Street revealed that the property at 711 S. Buffalo St., owned by James and Mary Marsillett, was hooked into the city sewer. Both the Marsilletts and the city were unaware that it was tied into the city’s sewer system.
“But because they received service, I am required by the State Board of Accounts to bill for the past six years. I bill minimum with no penalties or fee,” Plummer said. At $32.60 per month, their total bill was $2,347.20.
Mayor Joe Thallemer asked if the property was a residence or business, and Plummer responded it was occupied by a business.
The property has a well. Mary Marsillett told the Board that when they purchased the building in 2008, they asked about that and were told they had their own septic. She said “a lot” of their water runs out into the back part of their property.
“We just assumed we had a sewer. I had no idea,” she said, noting that the previous owner, Gordon Everly, “evidently never had a sewer bill.”
She said she didn’t have a problem paying a sewer bill if she’s on the city’s sewer system, but the city should have known the building was on the city’s sewer system before now.
“If I was aware of that, I would have been paying. But for me to back up and pay six years, I don’t think that’s really fair because ... why didn’t someone approach me before now?” Marsillett asked, adding that she pays taxes and is not on city water but has well water.
She said the business doesn’t use a lot of water, just for the two bathrooms in the building.
Thallemer asked her, “If you were on septic for six years, did you think it odd that you didn’t have any maintenance to do on the septic system?”
Marsillett said with only two bathrooms in the business, it doesn’t get used much.
Plummer told the Board that the city has “no idea” when the property was hooked into the city sewer and that adjacent neighbors are billed for city sewer.
Emans explained that the contractor doing the smoke test in the city sewers discovered the property was hooked into the city’s system. The contractor then informed Emans that the property was on the system, even though it was shown on records that it wasn’t.
Thallemer said the city tries to be fair to a property owner in “a situation like this,” and that the most he felt comfortable backbilling “would be maybe a year, if that.”
Member Jeff Grose said, “This oversight frustrates me because, representing the taxpayers and businesses, I feel like if we’re going to be billing people we should know who we’re billing, who we’re serving, and the fact is we hadn’t and we’re working to fix that.” In this case, he said he felt the Board should waive the whole $2,347.20 and start fresh.
After a little more discussion, Grose made a motion to waive the full amount and start billing the Marsilletts for city sewer now. The motion was unanimously approved.
In other business, the Board of Works approved:
• The Market Street phase 2 claim and reimbursement request from VS Engineering Inc. for $3,992.88. The claim is for continued design work on the remaining portion of Market Street. The Planning Department also will submit a reimbursement voucher to INDOT for 80 percent of the invoice total since it is a state grant project.
• 2016 survey rates for John Kimpel & Associates. The rates range from $65 per hour for general office work, technician, to $170 per hour for three-man GPS/robot field work.
• The fee agreement for 2016 legal services provided by Green & Grossnickle LLP as requested by the Warsaw-Wayne Fire Territory. The rate of $150 per hour and retainer fee of $500 is the same as the prior year.
• A road closure request for the Market Street ribbon-cutting ceremony Jan. 25 from approximately 12:45 to 1:30 p.m.
• A road closure request for City of Lakes Cruise-In May 15 from approximately 6 a.m. to 7 p.m.
• The Kosciusko County REMC Operation Round Up grant for $1,500 for the Warsaw Parks & Recreation Department. The funds will be used to support the free entertainment portion of the Family Carnival.
• For Parks Recreation Director Sheila Wieringa to apply for the Indiana Arts Commission Grant for the fiscal cycle of 2016-17 for $5,000. The grant would be used to support the Central Park Concert Series. It is a matching grant, but money was budgeted for the expense.
• A $1,500 contract with Monster Message/Flint Creative Consulting for Monster Message to provide a screen apparatus to view a movie on Family Movie Nights in Central Park on July 16 and Sept. 17.
• An agreement with Arab Pest Control, Warsaw, at $103 per month for the spraying of the Pete Thorn Center, Center Lake Pavilion, Fireman’s Building and Nye Youth Cabin, as requested by the Parks & Recreation Department.
Currently, the Parks Department is paying $124 per month to Ace Pest Control, North Webster, and have had to have two exterior treatments applied at a cost of $200 each. Arab Pest Control’s proposal is $103 per month and offers a free exterior treatment to each facility each year, according to a letter from Parks Superintendent Larry Plummer to the Board.
• An agreement with Wastewater Solutions Inc. for 2016 training as requested by the Warsaw Wastewater Utility.
The four-day training sessions on Aug. 8-11 will cost $14,960, and compensation includes all preparation and travel time, onsite labor, student materials and all other direct costs.
• For the Warsaw Police Department to apply for a grant through the K21 Health Foundation for DARE graduate T-shirts. The grant request will be for $4,000 to outfit approximately 620 students.
• 2016 street closures for First Friday events and the Sept. 30 Indiana Bicentennial event.
• The MedStat 2016 pricing list, change in payrolls and travel requests as presented by the human resources department.[[In-content Ad]]
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