Mr. Wiley, Highway Supervisor, spoke about fixing the pot holes and how the weather effects getting the job done on a daily and weekly basis.

Transcription

1 March 12, 2008 BE IT REMEMBERED THAT THE BOARD OF COUNTY COMMISSIONERS met in session in the Commissioners Courtroom, Henry County Courthouse, Wednesday, March 12, 2008 at 8:30 a.m. in the City of New Castle, IN with the following members present: Philip J. Estridge, President; Larry D. Hale, Vice President; William (Bill) D. Cronk, Member; Linda S. Ratcliff, Auditor; Nancy S. Brown, County Attorney; and Linda C. Winchester, Secretary. Mr. Estridge opened the meeting. HIGHWAY Mr. Wiley, Highway Supervisor, spoke about fixing the pot holes and how the weather effects getting the job done on a daily and weekly basis. HIGHWAY ENGINEER Dick Byers, Highway Engineer, did not have any business. UNSAFE BUILDING HILLSBORO Mr. Gene Clark of Hillsboro and Mr. James Delk of 2380 N Hillsboro Road were in to discuss the house at 2386 N Hillsboro Road the house is falling down and is a health hazard. Larry Toy, Henry County Building Inspector had let out bids for demolition and they had only received one bid for $4, from Neal Demolition. Mr. Estridge called Doug Mathis, Supervisor of the Henry County Health Department to also speak with Mr. Clark and Mr. Delk. He will notify the environmental department of the issue. Mr. Mathis will report back on March 19, 2008 with any findings. AUDITORS OFFICE Out of cycle claims were presented by the Auditors office. Mr. Hale made the motion to approve claims as presented Mr. Cronk seconded the motion. Motion carried unanimously. SKATE BOARD Mayor Jim Small came in to talk to the Commissioners about a skate board ordinance. They discussed several issues in regard to a skate board ordinance. SHERIFF Sheriff Butch Baker brought in a Vehicle Policy along with memo s pertaining to gas usage. Sheriff Baker also talked about repair on a car which had been damaged at the Highway Garage and the work presently being done on it. Five different neighborhoods had signed up for Neighborhood Watch Programs, in the past the highway department had put up signs for the program. MONTHLY REPORTS The Commissioners accepted as presented the following reports: Indiana Public Employers Plan Monthly Closed Report Henry County Sheriff s Annual Report

2 The Commissioners continued the meeting at Applebee s 12:00 noon. The Commissioners returned at 1:00 p.m. The Commissioners convened the Drainage Board Meeting at 1:30 p.m. The Commissioners re-convened their regular meeting at 2:05 p.m. INSURANCE Steve Pfennniger of Pfenninger Insurance Agency spoke to the Commissioners about insurance coverage for the county. ANNEX BUILDING Mr. Cronk made the motion to replace the condensation tank in the Annex Building. Mr. Hale seconded the motion. Motion carried unanimously. COUNTY ATTORNEY Nancy Brown, County Attorney spoke about the following issues: 300 South Court Case Easements for right of way are being put back into Henry County name. Interest request Henry County Clerk s office Additional options for Hillsboro Road property SKATEBOARD ORDINANCE Mr. Hale moved to approve the following Ordinance # Skate Board Ordinance. Mr. Cronk seconded the motion. Motion carried unanimously. ORDINANCE NO ORDINANCE PROHIBITING SKATEBOARDING AND OTHER EXTREME SPORT EQUIPMENT ON COUNTY PROPERTY AND SIDEWALKS SECTIONS: 1. Definition 2. Operation of Extreme Sport Equipment Prohibited in Specified Areas 3. Exclusions 4. Penalty 5. Courts Having Jurisdiction 6. Effective Date Section 1. Definition of Extreme Sport Equipment. Extreme Sport Equipment means any of the following non-motorized devices: A. Skateboards; B. Roller skates; C. In-line skates; D. Freestyle bicycles; E. Mountain bicycles; and

3 F. An apparatus that is: i. wheeled; ii. recreational or sporting in nature; iii. powered solely by the physical efforts of the user; and iv. generally known, as the term is used in Rule 201 of the Indiana Rules of Evidence, as an apparatus used for extreme sport. Section 2. Operation of Extreme Sport Equipment Prohibited Operation of an Extreme Sport Equipment device on, over or in contact with any of the following: A. sidewalks, B. disability ramps, C. steps, D. walls, E. retention walls, F. doors, G. handrails, H. planters, I. curb or gutter edges, J. barriers and barricades, K. benches, L. picnic tables, M. sculptures, N. stages, O. platforms, P. playground equipment, Q. fountain, or R. other device or structure which is not intended for pedestrian or vehicular traffic; is prohibited in the following areas: The Henry County Court House and the Henry County Justice Center grounds, described as the area bounded on the north by the pavement of State Road 38, on the east by the pavement of South Main Street, on the south by the pavement of Central Avenue, and on the west by the pavement of South 12th Street; The Henry County Homeland Security, Veteran s Office, and Courthouse Annex Meeting Room grounds, described as the area bounded on the north by the pavement of State Road 38, on the east by the pavement of South 12 th Street, on the south by the pavement of Race Street, and on the west by the west wall of said Homeland Security, Veteran s Office and Courthouse Annex Meeting Room building; The Henry County Work Release grounds, described as the area bounded on the north by the pavement of Fleming Street, on the east by the pavement of South 12 th Street, on the south by the pavement of State Road 38, and on the west by the west wall of the Work Release building at 1124 Broad Street; The Henry County Jail grounds, described as the area bounded on the north by the pavement of Vine Street, on the east by the pavement of South 12 th Street, on the south by the pavement of Fleming Street, and on the west by the pavement of South 11 th Street; and The Henry County Maintenance Department grounds and parking lot, described as the area bounded on the north by the pavement of Vine Street, on the east by the east boundary of the parking area, on the south by the pavement of Fleming Street, and on the west by the pavement of South 12 th Street.

4 Section 3. Exclusions. Notwithstanding the definition of Extreme Sport Equipment nothing in this ordinance shall prohibit the use of a wheelchair, an infant stroller, or similar device, on surfaces intended for pedestrian traffic by a person depending upon such device in moving from place to place. Section 4. Penalty. A. Violation of this ordinance shall be punished by a fine of One Hundred Dollars ($100.00) for the first offense, Two Hundred Fifty Dollars ($250.00) for the second offense, and from Two Hundred Fifty Dollars ($250.00) to Five Hundred Dollars ($500.00) for the third and subsequent offenses. B. Extreme Sport Equipment used by any person during a violation of this ordinance may be immediately confiscated by any officer of the Henry County Sheriff s Department or the New Castle Police Department acting in his or her official capacity. The device so confiscated shall be held by the County until court proceedings involving said violation are completed. The confiscated device may be reclaimed by the owner upon providing proof of 1) ownership, 2) payment of any fine and other costs for the violation, and 3) completion of court proceedings, including passage of time for appeal; if the confiscated device is not so reclaimed, it may be sold by the County or destroyed. C. Any person cited for violation of this ordinance who is under eighteen (18) years of age must disclose to the police officer or other enforcing authority the names, addresses and phone numbers of his or her parents or legal guardians. D. Every parent or guardian shall be responsible for payment of the penalty resulting from a violation of this ordinance by the 1) parent s child who is under the age of eighteen (18) years, or 2) guardian s ward. Section 5. Courts Having Jurisdiction. Violations may be prosecuted in New Castle City Court under an existing interlocal cooperation agreement; in addition, violations may be prosecuted in any court having general jurisdiction. Section 6. Effective Date.

5 This ordinance shall be effective on and after May 1, Passed and adopted by the Board of Commissioners of Henry County, Indiana, this 12 th day of March, Philip J. Estridge, President of the Board of Commissioners of Henry County Larry D. Hale, Commissioner of Henry County ATTEST: Linda S. Ratcliff, Auditor Henry County APPROVE MINUTES William D. Cronk, Commissioner of Henry County A motion was made by Mr. Hale and seconded by Mr. Cronk to approve the minutes of the March 5, 2008 meeting with corrections. Motion carried unanimously. RECESS Motion to recess meeting until March 14, 2008 at 6:00 p.m. made by Mr. Hale and seconded by Mr. Cronk. Motion carried unanimously. No decisions were made at this time. Motion to recess meeting until March 19, :30 a.m. made by Mr. Hale and seconded by Mr. Cronk. Motion carried unanimously. Philip J. Estridge, President Larry D. Hale, Vice President William (Bill) D. Cronk, Member

6 ATTEST: Linda S. Ratcliff, Auditor