Winona Tables Discussion Of Delinquent Wastewater Fee

July 28, 2016 at 4:25 p.m.

By Jennifer [email protected]

WINONA LAKE - Winona Lake Town Council Tuesday morning tabled discussion and will have an executive session regarding a Winona Lake homeowner's delinquent wastewater fees.

Rick Helm, representing Winona Lake resident Steve Shipley, Tuesday requested an appeal on a lien that has been filed on Shipley's home by the town due to delinquent sewage payments.[[In-content Ad]]Clerk-Treasurer Retha Hicks said the town requested last week the recorder's office pull the home's lien and not be certified so a compromise can be made between the town and Shipley on the payments.

The council approved Tuesday tabling the discussion and holding an executive session to discuss litigation issues.

The town council will meet with Helm in executive session to discuss litigation in which Helm has filed a tort claim against the town on behalf of Shipley for sewer back charge fees, according to Hicks.

Hicks said the town plans to have an idea on how the town will address Shipley's delinquent sewage account at its April 8 council meeting.

Shipley, 1311 Park Ave., received a notice Oct. 18 stating the town would file a lien on his property if they did not hear from him on financial arrangements on paying his sewer bill.

According to the state's sewage rate structure ordinance, if a property is 90 days delinquent in sewer payments, a town is required to file a lien on the home.

She said Shipley mailed a payment for delinquent sewer fees this week, but he still owes $60.

The town mailed Shipley a notice Nov. 17 stating the town had filed a $3,656.63 lien on his home due to delinquent payments on sewage fees.

The town previously mailed Shipley a letter dated Sept. 5 requesting financial arrangements be made to pay back sewage payments beginning December 1998, the date Shipley requested the property be classified as one unit.

The town mailed Shipley a coupon book Sept. 19 with $84 coupons to encourage him to pay back sewage fees.

Helm said Shipley purchased the home in 1998 with his sister and brother.

Helm said the sewage rate structure ordinance should define what constitutes as a unit for sewage rate payments. Helm said he cannot find a definition in the town's ordinance on how the town defines a unit for sewer services.

Winona Lake resident Jerry Nelson said he has rental properties and pays for two or three units. He said he feels others with sewage charges should be treated the same way.

The council also approved the Winona Lake Police Department hiring part-time help on an as needed basis.

In other business, Public Works Director Pete O'Connell said he and Town Engineer Larry Long met to look at flooding issues addressed by residents during last month's council meeting.

Upcoming events in the town include the Grace College spring concert Friday at 7:30 p.m. at Rodeheaver Auditorium; a town hall meeting at Grace Village April 15; a Symphony of the Lakes concert April 19 at 7:30 p.m.; Winona Lake Preservation Association Meeting at Ramada Inn April 22 at 7 p.m.; and Winona Lake Clean Up Day April 26.

WINONA LAKE - Winona Lake Town Council Tuesday morning tabled discussion and will have an executive session regarding a Winona Lake homeowner's delinquent wastewater fees.

Rick Helm, representing Winona Lake resident Steve Shipley, Tuesday requested an appeal on a lien that has been filed on Shipley's home by the town due to delinquent sewage payments.[[In-content Ad]]Clerk-Treasurer Retha Hicks said the town requested last week the recorder's office pull the home's lien and not be certified so a compromise can be made between the town and Shipley on the payments.

The council approved Tuesday tabling the discussion and holding an executive session to discuss litigation issues.

The town council will meet with Helm in executive session to discuss litigation in which Helm has filed a tort claim against the town on behalf of Shipley for sewer back charge fees, according to Hicks.

Hicks said the town plans to have an idea on how the town will address Shipley's delinquent sewage account at its April 8 council meeting.

Shipley, 1311 Park Ave., received a notice Oct. 18 stating the town would file a lien on his property if they did not hear from him on financial arrangements on paying his sewer bill.

According to the state's sewage rate structure ordinance, if a property is 90 days delinquent in sewer payments, a town is required to file a lien on the home.

She said Shipley mailed a payment for delinquent sewer fees this week, but he still owes $60.

The town mailed Shipley a notice Nov. 17 stating the town had filed a $3,656.63 lien on his home due to delinquent payments on sewage fees.

The town previously mailed Shipley a letter dated Sept. 5 requesting financial arrangements be made to pay back sewage payments beginning December 1998, the date Shipley requested the property be classified as one unit.

The town mailed Shipley a coupon book Sept. 19 with $84 coupons to encourage him to pay back sewage fees.

Helm said Shipley purchased the home in 1998 with his sister and brother.

Helm said the sewage rate structure ordinance should define what constitutes as a unit for sewage rate payments. Helm said he cannot find a definition in the town's ordinance on how the town defines a unit for sewer services.

Winona Lake resident Jerry Nelson said he has rental properties and pays for two or three units. He said he feels others with sewage charges should be treated the same way.

The council also approved the Winona Lake Police Department hiring part-time help on an as needed basis.

In other business, Public Works Director Pete O'Connell said he and Town Engineer Larry Long met to look at flooding issues addressed by residents during last month's council meeting.

Upcoming events in the town include the Grace College spring concert Friday at 7:30 p.m. at Rodeheaver Auditorium; a town hall meeting at Grace Village April 15; a Symphony of the Lakes concert April 19 at 7:30 p.m.; Winona Lake Preservation Association Meeting at Ramada Inn April 22 at 7 p.m.; and Winona Lake Clean Up Day April 26.
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