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Winona Resident Upset By Garage Sale Fine

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WINONA LAKE - Jeanette Fairchild-Aker attended the Winona Lake town council meeting Tuesday, two garage sale violation tickets in hand.

Fairchild held a garage sale last Thursday, Friday and Saturday and paid the $50 per-day fee for exceeding the town's four-garage-sales-per-year limit.

"I know you wrote the garage sale ordinance because of me," she said, addressing the council. "I do give things away free to help people and always take them (the garage sales) down on Sunday.

"I wasn't having a sale on Sunday, though. I advertised in the newspaper that everything was free Sunday.

"You people sit around talking about the good things you do for the town. I guess I'm just a peon."

Fairchild said she was ticketed on Sunday and then again Monday when nothing was in the yard.

Councilman John Boal said there were round display racks still out in her yard, 413 Wooster Road, this morning.

"How many of you have, for the last 20 years, helped the needy, people who have been turned down from CCS, Salvation Army and Goodwill, because they want to make a profit," Fairchild said, her voice breaking with emotion.

Councilman David Delp asked her if she had read the ordinance regarding garage sales. Fairchild said she had.

Delp said the council would review the tickets and get back to her.

On another matter, Fairchild said the garbage truck doesn't need to go down the drive beside her house, adding she owns half of it and the neighbor owns the other half.

She doesn't mind emergency vehicles or utility trucks having access to it.

"Trespass charges will be filed," she said in warning.

After Fairchild left, during town attorney Jim Walmer's report, access to the asphalted drive was again mentioned. He advised the council there is a presumption of public use on the town-maintained drive.

Delp said he sold Fairchild the house, and trash trucks always used the drive for collections.

"The acquiescence of the owners, after a period of time, to use the drive as a public way is implied," Walmer said.

Delp said the owner prior to him also considered the drive a public alley.

In other business, the board:

• Approved a traffic ordinance allowing for right turns off Winona Avenue onto McKinley Street, and right turns off McKinley Street onto Winona Avenue. McKinley Street has been extended and improved as part of Warsaw's rehabilitation of the former Gatke property.

• Approved the bid of Emergency Power Generator, doing business as Dickerhoff Electric, for an emergency generator at the fire station. Costs of $14,950 were approved to replace the 50-year-old generator at the station.

• Congratulated Warsaw Community High School freshman and Winona Lake resident Emily Johnson for her success at the state golf championship.

Town council members are Delp, Boal, Jeff Carroll, Jerry Clevenger and Rolly Ortega.