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Kathy Miller, representing her mother, Dorothy Ade, returned to the
council to further discuss the sewer line to her mother's home. Her
mother purchased her home in 2002. Following years of a stench being
noticed in the home, a plumber had recently been called in, and it
was discovered that the line was plugged.
Miller said that she had new information about the residence. The
previous owners did pay their bills in a timely manner; therefore,
the sewer would not have been plugged for lack of payment.
When her mother purchased the property, an inspection did include
the sewer and no problem was found at that time.
She also reported that when Lyle Benedict was called to see about
the sewer, he called the city and someone did come out.
Benedict didn't know the city worker.
Miller said that the person from the city went into the manhole
with Benedict and it was there that the plug was discovered.
However, the city sewer worker said that Benedict was looking at
the wrong line -- that the one plugged did not belong to the Ade
residence.
Miller said that Benedict asked Ade to flush the toilet and see
where the water came out, and nothing happened, proving that the
city worker was incorrect about which line was plugged.
Miller said that based on this information, she researched
further and found that the empty lot next to her mother's home had
originally been part of the real estate for sale. However, her
mother didn't want the entire lot, so half of it was purchased by
the adjoining neighbor, who built a garage there.
Miller said that she had come to the conclusion that there was a
good possibility that the city had been asked to plug the line on
the vacant lot and had actually plugged the wrong one.
Miller said that at the last meeting, the council had said they
would reimburse the sewer bills for the past seven years, which
amounted to $1,319.52, but she and her mother had discussed it and
felt they needed more.
She said that Benedict had been paid $2,582.50 on one occasion
and $215 on another. In addition A-Plus cleaners had charged $259
for cleaning carpets and upholstery.
Ade and Miller want half of the total bills, or $1,653.48, plus
the sewer reimbursement of $1,319.52, for a grand total of $2,973.
Alderman Buzz Busby said that he was not in agreement with paying
anything but the back sewer bills. He said that at the last meeting
it was suggested that the sewer bills be readjusted for inflation,
and that had been done, so that now the city's proposed
reimbursement would be $1,389.63, a $30.11 increase over the last
offer.
Miller said that her mother was going to decline that offer. She
added that they are in contact with an attorney and can prove their
claims. She will find out who it was who said the capped sewer was
not Ade's.
Alderman David Wilmert said that he thought the council needed a
little more time to discuss the issue. With that Miller left the
meeting.
However, discussion that sometimes became testy ensued between
council members.
Alderwoman Marty Neitzel said she believed Miller's explanation
about the cap being put on the wrong line.
Busby said the cap was going to be analyzed, and Neitzel
questioned how they were going to analyze the sewer.
Busby maintained that there shouldn't be a sewer line on an empty
lot, but Neitzel said there had been a building there. Busby said
no. He asked Mark Mathon, city engineer, to explain how the sewer
lines worked.
Mathon said that the sewer could have been approached two
different ways. Either there is nothing put in at all or there are
"tees" put in, one per lot, and then capped until needed.
Busby summarized: Then there is never a cap put in, except for
the tee, which is part of the city main.
Neitzel said there is a question that it was done by the city and
that when an attorney gets ahold of that, it will be the city's
problem.
Wilmert said that it could be debated all night as to how this
happened, but there is enough circumstantial evidence to support the
theory that the wrong sewer was capped.
Busby said that Neitzel was assuming Miller was right, and
Neitzel shot back, "You're assuming you're right!"
Waste treatment manager Bob Tackett said that he was there. He
said he was confused about a few things that happened.
He said that when the young man from the sewer department was
there, he didn't actually indicate that it wasn't her sewer line. He
did ask if the system had been flushed, and it was then that
Benedict went and asked Ade to flush her toilet to see for sure if
that was the line.
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Tackett said he didn't understand why Benedict didn't go to the main in the
first place. Had he done so, there would have been no need to dig up the yard.
He said that when the line was uncapped, there should have been an atrocious
odor, and it wasn't there. Tackett said that he now has the plug, and
examining it showed that a cinder block had been put in the hole,
then concrete placed around it.
He said that he had talked to the longest-standing employee at
the waste treatment plant, who has been with the city 33 years. The
employee said that he didn't recall ever plugging a sewer with
cinder blocks and concrete.
The city uses what are called expansion plugs, where the plug is
placed in the line and then a wrench is used to expand the plug into
the hole.
When the plug needs to be removed, the city can take it out
easily by reducing the expansion and pulling the plug out.
He said there is a theory that the home had sat empty and someone
plugged the line to prevent rodents from traveling through the line
and into the home.
Alderman Jeff Hoinacki wanted to know what the cost would be to
do the analysis that would indicate the age of the plug. He added
that even then, if the test comes back that the plug was put in
eight years ago, there is no proof of who put it there.
Neitzel questioned Tackett's saying that Benedict didn't have to
dig up the yard, and Tackett affirmed that digging the yard was not
necessary.
Neitzel asked Tackett if he had asked Benedict why he did that.
Tackett responded, yes he did, but Benedict didn't answer.
Wilmert said there is a lot of theory and conjecture on this
issue, but that the one thing that isn't theoretical is that
resolving this with lawyers is going to cost money. "I think we need
to reconsider this and possibly come up with a compromise," he said.
Busby said that giving Ade more money is going to open up a can
of worms you'll never shut up.
Neitzel responded that getting an attorney involved would be an
even bigger can of worms.
Busby replied, "Sometimes you've got to stand your ground,
Marty."
Neitzel responded, "Sometimes you have to give money when you
don't know who is at fault, just to save the bills for the
attorney." She then added, "Go ahead, we'll pay. I'll go with the
attorney; then we'll see how much that costs us. It'll be more than
the $1,600."
Busby said he could never vote for giving her any more money. He
said he felt the city was being generous as it is.
Alderman Nathan Turner agreed. He said that there was still the
question of how you could have a cap on the sewer for seven years
and never have it back up.
Alderwoman Joni Tibbs said that it was under the house, that the
sewer line there had broken.
Tackett said that under the house they couldn't find any
significant break in the line. He said that the pipes were cobwebbed
over and there was no indication that any sections had been
replaced.
He added that directly under the bathroom area, there was some
moisture, but otherwise it was free of waste.
Neitzel indicated that perhaps the council needed to hear from
Benedict on the matter, and Busby rejected that idea, saying that
Mr. Benedict was not on trial.
Tackett implied he wasn't trying to cause a problem for the
plumber, but that in his 16 years of service he has never seen this
kind of situation. He concluded seven years' worth of sewage under a
home would have been devastating, and it just wasn't.
The meeting was a committee of the whole, and as such no formal
decisions could be brought to a vote.
[By NILA SMITH]
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