July 23, 2014 at 2:10 p.m.

Cracking down on yard sales? (07/24/07)

Dunkirk City Council

By By ROBERT BANSER-

DUNKIRK - When does a yard or rummage sale become a flea market or continuing business?

That was the question Monday night for city council members here.

Mayor Sam Hubbard pointed out that a yard sale on North Main Street has been running practically uninterrupted since Glass Days in May.

He said the sale is basically a business in an area zoned for residential use, and looks out of place as well as creating traffic and parking problems for area residents.

"It just doesn't look good," Hubbard said.

Hubbard said the city zoning code covers such problems, but is tough to enforce.

The regulations on rummage sales date back to the 1980s, and call for a permit to be issued for a set number of days.

However, clerk-treasurer Jane Kesler pointed out that in recent years these sort of permits have not been issued and the permit fee is set at $1 with a 50-cent charge for each additional permit.

Police Chief Arnold Clevenger said if the regulations were incorporated into a city ordinance, the police department could issue tickets, citing violators into Dunkirk City Court.

He recommended such action be taken, and council members directed city attorney Bill Hinkle to draft an ordinance to accomplish this task, similar to the current animal control ordinance which sets penalties ranging from $25 to $100.

In other business at Monday night's meeting, council members:

•Conducted a public hearing on a pending application for a United States Department of Agriculture grant to help fund a feasibility study on extending sewer service to homes in the southeast area bordering Dunkirk.

These sewer extensions would serve homes along Arlington Avenue, Barbier Street and Willow Drive and possibly involve installation of a sewage lift station.

Hubbard said the city would have to contribute $5,000 to obtain the $15,000 grant to cover engineering costs for the study. Also he noted that providing sewer service in this area would be a first step toward annexation of approximately 25 homes in the area.

However, several people at the meeting objected to spending money or seeking any grants for sewer improvements until the city's water system was upgraded.

"I think improving our water should come first," Dunkirk resident Pam Bunch said.

"I don't want to spend money on sewers when we need water system improvements," councilman Craig Faulkner commented.

Council members Tom Johnson, Connie Whetsel and Larry Smith agreed, and Hubbard concluded the hearing by saying, "The consensus of the council is not to do this project at the present time."

•Appointed Jay School Corporation teacher and Dunkirk resident Devin Lykins to replace Debra Whitesell on the Dunkirk Public Library Board.

•Learned that the next meeting of the Dunkirk Improvement Committee will feature a PowerPoint presentation about the community. That meeting is set for Aug. 1 at 7 p.m. in West Jay Community Center.

•Granted initial approval to a tax abatement compliance report for SDP Manufacturing, located in the Dunkirk Industrial Park.

•Agreed to use $35,000 from Dunkirk's Downtown Revitalization Fund to pay a bill for engineering services from Commonwealth Engineering Inc., Indianapolis, relating to the Ind. 167 water main relocation project which is scheduled to begin in August. The bill dates back to work done in 2006, Hubbard said. The council set a special meeting for 12:30 p.m. next Wednesday, Aug. 1, in city hall to finalize this action.

•Heard a report from councilman Johnson that city crews and Jay County Jail inmates had worked to clean up a creek at the city park, and then stacked wood from a tree which was struck by lightning nearby, only to have vandals push debris from the tree back into the creek.

•Approved a $500 donation from the city's Promotional Fund to cover expenses relating to the Independence holiday fireworks display at the Dunkirk City Park. Faulkner said the volunteer fire department was still several thousand dollars short of paying all its bills for fireworks, as boot drive donations were down this year.

•Listened as Kesler explained that she planned to initiate a discussion relating to the 2008 city budget at the first council meeting in August.[[In-content Ad]]
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