Winona Council Sets Meeting To Study Town Hall Relocation

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

By Laurie Hahn, Times-Union Staff Writer-

WINONA LAKE - The town council will hold an "administrative session" Thursday or Friday to decide on the proposed merger and relocation of its police and government offices.

In its meeting Tuesday morning, the council postponed a resolution until later this week, when councilman Randy Ruppel could be included in the decision. Ruppel was absent from Tuesday's meeting.

Town council president Brent Wilcoxson scheduled a tour of the proposed new town hall, Grace Brethren Home Missions, for 7:30 a.m. Thursday, and set an administrative meeting for the council on Thursday or Friday to discuss the building lease.

The council has been negotiating with Larry Chamberlain for the use of half of the Missions' building. GBHM previously asked for $6,200 per month rent, and by Tuesday's meeting that figure was reduced to $3,565 per month.

If the council approves the lease, town offices will move into the building Dec. 1. The move would include the clerk-treasurer, sewer, police department and a police garage.

While the meeting for later this week has been called an administrative session, it is open to the public. One difference between an administrative session and a public meeting is that an administrative session does not have to be advertised in advance, said Stephen Key, counsel for governmental affairs for the Hoosier State Press Association.

However, by Indiana law, an administrative session can be used only to receive information or recommendations needed to carry out administrative functions, or to confer with staff members "on matters relating to the internal management of the unit."

The Indiana code specifically excludes from administrative functions "the awarding of contracts, the entering into contracts, or any other action creating an obligation or otherwise binding a county or town."

Winona Lake town attorney Jim Walmer said Tuesday he was not consulted before the town scheduled the administrative session, and that no long-term financial action can be taken in such a session. Walmer was not present at Tuesday's council meeting.

"There's no way that any kind of obligatory action can take place at any meeting at which public notice was not given," Walmer said. "They can't make any kind of decision that would bind the town financially long-term."

Tentatively scheduling a meeting for Thursday or Friday does not constitute public notice, Walmer said. "They've got to give a date and time."

The current negotiations are based on a proposal developed from an administrative session that was held last week but not publicly announced, the council said Tuesday.

In other business, the council:

• Agreed to assign cable television rights from Time Warner Cable to Marcus Partners, but followed Warsaw's lead in declining to extend the contract another five years;

• Decided to set trick-or-treat hours at the next council meeting.

Councilman Harold Dunn said he had received several phone calls asking about proposed alcohol sales and asked about the town's ordinance on alcohol.

The topic of a liquor license was raised during the discussion of Winona Restoration Partners' planned development in Winona Lake, which includes plans for a lakeside restaurant.

Wilcoxson said the town has no ordinance prohibiting liquor sales, but that the council can make a recommendation to the county's Alcoholic Beverage Commission if a specific business applies for a liquor license. The final decision would still rest with the ABC, he said.

The council's next meeting is at 6 p.m. Oct. 14. [[In-content Ad]]

WINONA LAKE - The town council will hold an "administrative session" Thursday or Friday to decide on the proposed merger and relocation of its police and government offices.

In its meeting Tuesday morning, the council postponed a resolution until later this week, when councilman Randy Ruppel could be included in the decision. Ruppel was absent from Tuesday's meeting.

Town council president Brent Wilcoxson scheduled a tour of the proposed new town hall, Grace Brethren Home Missions, for 7:30 a.m. Thursday, and set an administrative meeting for the council on Thursday or Friday to discuss the building lease.

The council has been negotiating with Larry Chamberlain for the use of half of the Missions' building. GBHM previously asked for $6,200 per month rent, and by Tuesday's meeting that figure was reduced to $3,565 per month.

If the council approves the lease, town offices will move into the building Dec. 1. The move would include the clerk-treasurer, sewer, police department and a police garage.

While the meeting for later this week has been called an administrative session, it is open to the public. One difference between an administrative session and a public meeting is that an administrative session does not have to be advertised in advance, said Stephen Key, counsel for governmental affairs for the Hoosier State Press Association.

However, by Indiana law, an administrative session can be used only to receive information or recommendations needed to carry out administrative functions, or to confer with staff members "on matters relating to the internal management of the unit."

The Indiana code specifically excludes from administrative functions "the awarding of contracts, the entering into contracts, or any other action creating an obligation or otherwise binding a county or town."

Winona Lake town attorney Jim Walmer said Tuesday he was not consulted before the town scheduled the administrative session, and that no long-term financial action can be taken in such a session. Walmer was not present at Tuesday's council meeting.

"There's no way that any kind of obligatory action can take place at any meeting at which public notice was not given," Walmer said. "They can't make any kind of decision that would bind the town financially long-term."

Tentatively scheduling a meeting for Thursday or Friday does not constitute public notice, Walmer said. "They've got to give a date and time."

The current negotiations are based on a proposal developed from an administrative session that was held last week but not publicly announced, the council said Tuesday.

In other business, the council:

• Agreed to assign cable television rights from Time Warner Cable to Marcus Partners, but followed Warsaw's lead in declining to extend the contract another five years;

• Decided to set trick-or-treat hours at the next council meeting.

Councilman Harold Dunn said he had received several phone calls asking about proposed alcohol sales and asked about the town's ordinance on alcohol.

The topic of a liquor license was raised during the discussion of Winona Restoration Partners' planned development in Winona Lake, which includes plans for a lakeside restaurant.

Wilcoxson said the town has no ordinance prohibiting liquor sales, but that the council can make a recommendation to the county's Alcoholic Beverage Commission if a specific business applies for a liquor license. The final decision would still rest with the ABC, he said.

The council's next meeting is at 6 p.m. Oct. 14. [[In-content Ad]]

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