Winchester council delays annex authorization

By BILL RICHMOND

City editor

Winchester City Council Monday delayed acting on a motion that would authorize Mayor Steve Croyle to sign a quit-claim deed for a portion of West Franklin Street.

The deed for 25 feet of roadway immediately south of the courthouse would, according to legal advice, permit the county to proceed with construction of the courthouse annex. Winchester council tabled the decision process until its Aug. 18 meeting.

City Attorney Meeks Cockerill said the proposed quit-claim deed reserves the city's rights to maintain the sidewalk and parking and retains easement rights for utility access.

"We're not giving up the sidewalk and we're not giving up the street," Cockerill said. "The county attorney believes it's a benefit to them. I could not agree to a vacation (of rights to the street) because I believe that leaves us open to a law suit. I don't see any major hurdles or problems with this quit-claim deed."

Cockerill said he could not agree to the street vacation as, by a point of law, it would limit public access - something city officials could be sued for.

"I don't think this is enabling legislation that you're looking at," Croyle told council. "I'm surprised it was even brought before us."

Courthouse project assistant engineer Jess Shockley said he believes there are several other options available to the county that would allow them to proceed with construction of the courthouse annex in spite of a Board of Zoning Appeals decision to not allow a variance for the building which does not meet the 25-foot setback requirement.

"The county attorney (John Tanner) believes this is the easiest decision to exercise," Shockley said.

Also, Indiana American Water Operations Superintendent David Jones at Croyle's request to outline a proposal to transfer the cost of operating fire hydrants in the city from property taxes to their water bills as a means to address state cuts in next years budget.

"To accomplish this, the city must first pass an ordinance," Jones said. "Indiana American Water will then petition the Indiana Regulatory Commission which must approve a surcharge. The process will incur no expense to the city. It's a revenue neutral transaction for Indiana American Water."

Jones said IAW serves 32 districts in Indiana of which 60 to 70 percent have customers pay for fire hydrant surcharges. He said cities that pass the surcharge on to their customers include: Kokomo, West Lafayette, Richmond and Terre Haute. Cities that don't pass the charge on to customers include: Muncie, Franklin, Seymour and Shelbyville.

He said the charges to customers are contingent on the meter size - larger meters, mostly used by industry, pay a greater surcharge. Jones said he had no figures for the cost incurred for a typical residential meter.

Council member Larry Preston said he'd like to see the cost data to have a better idea of what it will mean to the individual user.

Jones said he needs the ordinance passed within 90 days of the proposed effective date but he will have the cost figures available at the next council meeting.

"If we enact this, it won't just be the property taxpayer who will pay this," Croyle said. "It will be paid by anyone who pays a water bill."

Jones said the water company will return downtown streets to their original condition once it completes its ongoing construction project to install new lines in the downtown area.

"All of that's going to be restored," he said. "The restoration process is due to begin by the end of next week."

Council member Bill Peden thanked the water company for working with the city to install the new larger capacity water lines in the downtown area.

In other business, council:

€ Approved the establishment of a non-reverting fund for public donations to help cover the costs of the mayor's upcoming economic development trip to Japan. The measure allows private sector people to donate to the fund.

€ Approved the first two readings of a proposed 2009 salary ordinance for city employees. The ordinance does not include any raises, but (as amended) it does allow a pay increase for some some positions at the lower end of the scale to keep them in accordance with minimum wage law. City Clerk Treasurer Vicki Haney said final approval must be passed before Sept. 15.