Webster Asked To Review Utility Rates

NORTH WEBSTER - The owner of a campground wants the town to take another look at his water rates.

Jay Clutter owns and operates Joyland Mobile Home Park. Clutter was not in attendance at Tuesday night's North Webster town council meeting, but his attorney, Rick Helm, of Warsaw, was.

Helm asked the council to review its utility rate structure as it applies to a facility such as Clutter's.

Helm and his client believe the campground's rate is excessive. They say the rate structure assumes each lot is equivalent to a residence.

Helm said he is not sure his client's facility could legally be called a mobile home park since it is not inhabited five months out of the year. It's more like a campground, he said.

But regardless, Helm said, the state says average daily use for a campground lot is 100 gallons per day and average daily use for a mobile home park lot is 200 gallons per day.

The residential rate, Helm said, assumes a much larger gallon-per-day usage.

Council members said they couldn't adjust Clutter's rate without conducting a study to determine how it would affect the entire rate structure.

Two North Webster residents spoke against the town making any concessions for Clutter.

Larry Kinsey said if Clutter's rate was reduced, costs would likely be passed on to other town residents. He said that wouldn't be fair.

He also noted that Clutter could pass on utility costs to his renters.

Kinsey presented a petition, signed by 90 residents, asking the council to leave the rates as they are.

Chuck Lawrence, who operates Fisherman's Cove, said he is in a similar situation.

"I have nine lots empty right now," he said. "There are no toilets being flushed and I'm paying the same rates."

Lawrence said he made adjustments in his rental rates to offset utility costs, and if concessions are made for Clutter, he expects the same consideration.

Town attorney Jack Birch said he would look at the facts surrounding Helm's request and make an initial contact with Umbaugh and Associates regarding a review of the utility rate structure.

The council made no decision on whether to review the rates.

Dean Anderson, who lives at the corner of Huntington and Blaine streets, complained to the council about emergency vehicles running the stop sign by his house.

"There are lots of grandkids and little kids in the area," he said. "Sometimes (emergency vehicles) roll through. Sometimes it's 20 miles an hour, sometimes it's 50 miles an hour. But they're running that stop sign and we're going to have another dead body in this town."

North Webster Town Marshal Greg Church explained to Anderson that emergency vehicles with lights and sirens activated are legally permitted to run stop signs.

Church said the drivers of such vehicles are obligated by law to practice "due regard" when approching stop signs and traffic signals, but that they can legally disregard them.

Anderson disagreed.

"S-T-O-P means stop in my book," he said. "I don't care who you are."

The council advised Church to talk to his officers and the EMS and fire personnel and to be sure they practice "due regard" as specified in the law.

Anderson and others in attendance at the meeting also expressed concerns about drivers exceeding the 20 mph speed limit on North Webster streets.

Church said the town's officers can't be in all places at all times, but they have been and will continue ticketing drivers for speeding.

In other business, the council:

• Elected Kay Andrews as president.

• Selected the Times-Union as the newspaper to be used for legal advertising.

• Set the 2004 mileage reimbursement rate at $.36.

• Approved memberships or dues reimbursements for Indiana Association of Cities and Towns, Indiana League of Municipal Clerks and Treasurers and Northeast Indiana Law Enforcement Training Council.

• Received information that Mediacom will raise cable rates $1.05 per month.

• Tabled a proposal from Carmel-based ISC company to conducted a fixed asset study within the town's wastewater utility and town departments.

• Heard a report from Church regarding his department's activities during 2003, including - officer hours, 7,598.9; miles driven, 42,969; and gallons of fuel used 3,876. Officers responded to 3,420 calls during the year.