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Owner of 49 Elm asks Winchester to pause termination; city attorney cites KRS requirement
Summary
William Dietrich Newell asked Winchester commissioners to table a proposed termination of a maintenance agreement for a lot he has insured and maintained; city attorney said state statute requires sale at fair value (cited $5,000) and the commission deferred action to November for further legal and financial review.
William Dietrich Newell addressed the City Commission on Oct. 15 asking the body to delay termination of a property‑maintenance agreement covering 49 Elm Street, saying he and his group had maintained and insured the lot for years and expected an opportunity to purchase it.
Newell said the arrangement dated to 2019 and that the city had taken formal action in 2020 to place the lot under a nominal lease; he urged commissioners to consider the years of maintenance and insurance when deciding whether to terminate the agreement.
City legal counsel (Mister Dykeman) told commissioners the governing statute requires the city to sell property at fair value and said that, based on staff information, the assessed/value figure for the parcel is $5,000. Counsel advised that the city could not unilaterally ignore the statutory sales requirement and recommended additional legal review.
Commissioners asked staff to research whether the city can credit past insurance or maintenance costs against a sale price or otherwise mitigate Newell’s concerns. The commission agreed to defer action and requested staff return with legal and financial options at the November meeting.
No final sale or termination action was taken on Oct. 15.
Next steps: staff will examine comparable cases, confirm the statutory obligations and whether any credits or alternative agreements are allowable, and report back to the commission in November.
