August 22, 2023 at 2:14 p.m.

Portland council to mull alcohol measure

Members express concern about proposal


An ordinance that would create an area where approved establishments could sell alcohol that could be taken outdoors in an open container was presented Monday.

City council members will take more time to consider the measure.

Portland City Council discussed but took no action on an ordinance proposed by Portland Mayor John Boggs that would create a Designated Outdoor Refreshment Areas in the city.

New state legislation that went into effect July 1 allows cities to have Designated Outdoor Refreshment Areas where bar/restaurant patrons can purchase alcohol, leave the establishment and walk with their drink in an open container. The beverages would need to be in a designated container, such as a plastic cup approved by the city.

City attorney Wes Schemenaur noted that beverages purchased at bars/restaurants currently cannot be taken outdoors, with the exception of some areas designated as patios. (Drinks allowed to be taken outside in open containers would be limited to two 16-ounce beers, two glasses of wine or two mixed drinks via the ordinance.)

Council member Janet Powers expressed concern, saying she’s OK with making exceptions for festivals and other events but doesn’t feel it is prudent to have such an open alcohol policy on a regular basis. Council president Kent McClung asked where the idea for the ordinance came from, with Boggs responding that several cities have implemented similar legislation since the new law went into effect July 1.

Council member Dave Golden asked if local vendors had expressed interest in such a rule.

Boggs said they had not, but that the ordinance is the first step in a process to have a Designated Outdoor Refreshment Areas approved by the state.

After some discussion, Boggs agreed to return to council with more information regarding the ordinance before asking for a vote.

Also Monday, McClung expressed concern about downtown buildings following Portland Board of Works’ decision last month to affirm Jay/Portland Building and Planning’s unsafe building order for 208 and 210 N. Meridian St. The order requires that the building be torn down within 30 days. (Schemenaur noted Monday that owner Juan Marentes still has the opportunity to fix the building, but he would have to come up with an engineer or architect’s plan and timeline for the work to be completed quickly.)

If Marentes doesn’t meet the 30-day deadline, the city can pay for the demolition and place a lien on the property.

McClung said he doesn’t like the idea of losing buildings in the downtown area and asked if council needs to be more aggressive regarding buildings that fall into disrepair, including moving more quickly to acquire buildings and repair them rather than waiting and spending money to tear them down.

“It’s going to cost money either way, but what do we want to have at the end?” asked McClung.

Rob Weaver of WPGW Radio suggested consulting with Limberlost Construction’s Mike Schwartz, who has been involved with rehabilitating similar structures in other communities.

Following up on a discussion from the Aug. 7 council meeting, Boggs said he and street department superintendent Tom Leonhard have formulated a plan to pick up large trash items that have been left out around the city. They will be picked up over the course of the next two months.

Boggs warned that once the pick-up is complete, the city’s code enforcement officer will be writing citations for those who are not in compliance.

Via an update to the city’s trash collection ordinance that was approved by council in March 2022, large items are accepted at the street department four times a year. Those who need to have such items disposed of outside of those days can purchase a permit to do so at city hall. (For example, a permit for disposal of a mattress is $15.)

George McGinnis, director of Jay County Solid Waste Management District, had visited the previous council meeting to express concern that large trash items have been getting dumped in or near the district’s recycling trailers.

Council briefly discussed amending its ordinance, but both Boggs and council member Matt Goldsworthy indicated their feeling that any such changes should be addressed by the new mayor and council in 2024.

In other business:

•Kyle Teeter made a presentation to council regarding “The Clubhouse,” a planned indoor sports facility Jay County Baseball Club is working toward on county road 300 West. Teeter asked council to consider providing funding to assist with the project, for which the club has set a fundraising goal of $900,000. He emphasized that the facility is intended to be for use by the entire community, not just the baseball club, and that fees will be dependent on how much money the club can raise during its campaign.

•Jim Waechter shared information regarding the 9/11 Never Forget mobile exhibit that will be at Jay County Fairgrounds next month in conjunction with the Indiana Military Preservation Association Rally and Swap Meet. The exhibit will be escorted into the community from the north along U.S. 27 on Sept. 14 and will be open to the public from 11 a.m. to 5 p.m. Sept. 15, 9 a.m. to 3 p.m. Sept. 16 and 10 a.m. to 4 p.m. Sept. 17 at the fairgrounds.

•Answering a question from Powers, Boggs noted that paving and sidewalk installation on Blaine Pike between the railroad near Water Street and county road 150 South is scheduled for 2024. Work to prepare for the installation has been ongoing for several weeks. (Boggs also noted that a new water main is being installed on Blaine Pike after  a recent break led to near-constant patching.)

•Council approved the closure of Main Street between Meridian and Harrison streets from noon to 8 p.m. Sept. 30 for the Main Street Fall Festival.

•Jay County Commissioner Chad Aker introduced Nate Kimball, who commissioners recently hired as the county’s new community development coordinator. (The position replaces the previous Jay County Community Development position that was employed through Jay County Development Corporation.)

•Golden commented that he has heard from residents about concern that drivers are not stopping at the Walnut Street stop sign at its intersection with Pleasant Street. He suggested installing signs with flashing lights at that intersection.

•Aker informed council that county commissioners, who oversee bridges, plan to apply for a Community Crossings grant to replace the Seventh Street bridge over the Salamonie River in Portland. Plans for the $1.5 million project include adding a sidewalk on the north side of the bridge. He said commissioners may return to ask for financial help on the project.

•Answering a question from Powers, Schemenaur said the city is currently advertising for bids to tear down the Bailey Building on the southwest corner of Main and Commerce streets.

•Boggs reported the following:

    —The route for the Jay County High School Homecoming parade will begin at Jay County Fairgrounds and run west on Votaw Street, southwest on Depot Street, south on Meridian Street, east on Main Street and then south on Wayne Street to Weiler-Wilson Park.

    —Environmental testing is ongoing at the former Sheller-Globe properties on Bridge Street toward completing the sale of the south building to Chad Fifer.

•Powers noted that her request to consider making the half-block in front of Wendy’s along Meridian Street a no-parking area is not a city issue. Because Meridian Street is U.S. 27, such decisions are handled by Indiana Department of Transportation.

•Boggs welcomed visitors to the Tri-State Antique Engine and Tractor Show to the community. The show runs today through Saturday at Jay County Fairgrounds.


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