The Town Council of Winona Lake, Indiana met in a regular session on Tuesday, March 25, 2008 in the Town Hall at 7:00 a.m.   Councilpersons noted as present or absent:

 

COUNCIL PRESENT:             Jeff Carroll, Joy Lohse, Terry Howie, Jim Lancaster, Retha Hicks

 

ABSENT:                                 Sue Gooding                                       

OTHERS PRESENT:               Craig Allebach, Pete O’Connell, Paul Schmitt, Jim Walmer

 

Town Council President Joy Lohse called the meeting to order.  She opened in prayer and led the pledge of allegiance.

 

Minutes:

 Jeff Carroll made a motion to approve the minutes of the March 11, 2008 Council Meeting and the minutes of the Executive Meeting from March 18, 2008.  Terry Howie seconded the motion.  The motion passed. 

 

Winona Happenings”  

            March 28, 7:30 p.m. – Grace College Spring Concert at Rodeheaver Auditorium

            April 15, 6:00 p.m. – “Town Hall” meeting at Grace Village

            April 19, 7:30 p.m. – Symphony of the Lakes Concert

            April 20, 2:00 p.m. – Earth Day activities at 1000 Park Avenue

            April 22, 7:00 p.m. – Winona Lake Preservation Meeting at Ramada Inn

            April 26 – Winona Lake Clean Up Day

 

Floor Topics: 

            There were no floor topics.

 

Wastewater Fees for 1311 Park Avenue:

            Rick Helm, an attorney representing Steve Shipley, the homeowner of 1311 Park Avenue, was present.  He is appealing the sewage lien that was placed on the property.  Mr. Helm’s main concern is the definition of a family in the sewage rate structure ordinance and that all residents receive equal protection within the law.  There were eleven extended family members living in the home but now there is nine.

            The Town received a complaint about the property last year.  In the course of addressing the complaint, it was discovered that this property is a two unit dwelling that has been paying sewer rates at the single family rate for quite some time.  The Town sent a couple of letters to Mr. Shipley but did not receive any response from him.  Under state statute, the clerk-treasurer can certify delinquent utility charges in the recorders office.  This becomes a lien on the real estate.  Retha stated that a lien has been sent to the recorder’s office but the Town is attempting to have the lien pulled. 

            Mr. Helm stated that Mr. Shipley has had numerous health problems and it would be a burden to him to be required to pay the fees that are on the property.  Jeff Carroll said he appreciates Mr. Shipley’s situation but the Council cannot disregard the ordinance in this case.  It would not be fair to other residents in the Town.  Jerry Nelson, a resident, stated that he is the owner of several rental properties.  He pays wastewater fees for two or three units on each of those properties, and would like everyone else in the Town to be treated the same way that he is. 

            Retha asked for a compromise on the issue.  The office is willing to work with Mr. Shipley in collecting back charges.  A precedent would be set if no back charges were to be collected on this property and it became a single unit.  She agreed that the ordinance does need to be addressed in regards to the definition of a family and/or a dwelling unit.  Mr. Helm was agreeable to negotiations.  Jeff Carroll made a motion to table this issue.  Jim Lancaster seconded the motion.  The motion passed.  The council and Mr. Helm will meet in an Executive session to discuss the terms of the compromise.

 

Authorization for Police Department Part-Time Help:

            Town Marshal Paul Schmitt is requesting authorization to hire temporary part-time help when needed. The police department has five full-time police officers.  Currently Mike Foster is attending the Police academy.  While he is gone there are no extra officers available to cover if someone is sick, or cannot work for any reason.  If this policy is in place, then Paul could acquire additional help at times when it is needed.  The reserves are able to cover some shifts, but not all.  Paul is requesting the temporary policemen be paid $20 per hour.  Retha stated this would be better financially for the Town than paying overtime to the full-time officers.  Terry Howie had concerns regarding liability issues and whether Paul would be able to hire someone for $20 per hour.  Paul was confident that he could.  State statute covers liability issues, but Jim Walmer suggested writing an ordinance authorizing the hiring.  Jeff Carroll made a motion to approve the request.  Jim Lancaster seconded the motion.  The motion passed.

 

Reports from Supervisors:

            Flooding Issues: Pete stated that he met with Larry Long and they looked at the areas in Town that are experiencing problems with water.  Larry will do some surveying and determine if some help can be provided for the residents. 

            Property Inspections:  Paul mentioned there are some properties in town that have health and safety concerns.  He asked if an ordinance could be written so that he could inspect properties when concerns are brought to the Town.  Jim stated that a renter may invite a town official into their living area and/or the area that they have free access to.  Jim Walmer will do some research on the issue. 

            New Police Vehicle:  Paul stated that the new police vehicle is here and it is paid for.  It is a 2008 Dodge Charger.  It is not on the road yet.

            Bike Race:  Craig, Pete and Paul met with organizers of the bike race that will be held the first weekend in May.  The race will be the same as last year except the race that took place on Kings Highway last year will be moved to another location in the county this year.  Notices will be sent out to residents next week.  Picnic tables will again be offered to residents who live along the route of the races.

           

The meeting was adjourned.

 

 

 

_________________________                                  ___________________________

JOY LOHSE                                                                RETHA S. HICKS

PRESIDENT                                                                CLERK-TREASURER