The meeting was called to order by President Cronk. The meeting began with the Pledge to the Flag and a moment of silent prayer.

Transcription

1 BE IT REMEMBERED THAT THE BOARD OF COUNTY COMMISSIONERS met in the commissioner s courtroom, Henry County Courthouse, Wednesday, August 25, 2010 at 7:00 p.m. with the following members present: Kim L. Cronk, William D. Cronk, Samuel R. Beckenbaugh, Linda S. Ratcliff, Auditor and County Attorney Joe Bergacs. The meeting was called to order by President Cronk. The meeting began with the Pledge to the Flag and a moment of silent prayer. A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to approve the minutes of the August 11, 2010 meeting. Motion passed 3-0. A motion was made by Mr. William Cronk and seconded by Mr. Beckenbaugh to approve the payroll, timecards and deductions as presented. Motion carried 3-0. A motion was made by Mr. William Cronk and seconded by Mr. Beckenbaugh to approve the claims as presented. Motion carried 3-0. A motion was made by Mr. William Cronk and seconded by Mr. Beckenbaugh to approve the monthly reports of the following departments: Motion carried 3-0. Clerk Treasurer Golf Course Building Department Planning Commission Weights and Measures Notice was received from the State that Henry County would again qualify to receive 50% reimbursement for the salaries of the EMA department. A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to approve the proposed maintenance contract for computer maintenance with INTECH. The monthly amount of the contract will be $2,400. There will be a $60.00 per hour charge for any time over 40 hours per month. The contract period is from August 1, 2010 and will be for seventeen months. Motion carried 3-0. A letter was presented by Healthy Communities for engineering by Butler, Fairman, and Seufert, Inc. indicating compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of A motion was made by Mr. Beckenbaugh and sconded by Mr. William Cronk to sign the letter. Motion carried 3-0. Nancy Kinder was present from EIDD to request a letter of support for the Eastern Indiana Development District. A motion was made by Mr. William Cronk and seconded by Mr. Beckenbaugh to sign the letter of support for EIDD. Motion carried 3-0. A brochure was presented describing services being offered by LifeStream in Henry County.

2 An ordinance for the use of Off-Road Vehicles was presented. Mr. Joe Wiley Highway Department Administrator cautioned that damage could and would be done by these vehicles on county roads. A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to approve the ordinance. Motion carried 3-0. The ordinance is inserted below: ORDINANCE NUMBER AN ORDINANCE AUTHORIZING THE USE OF COUNTY ROADS BY OFF-ROAD VEHICLES WHEREAS, there are several owners of off-road vehicles in Henry County, Indiana; and WHEREAS, it is desire of Henry County, Indiana, to adopt this enabling ordinance to allow the owners of off-road vehicles to use Henry County Roads, under certain terms and conditions. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY, INDIANA, AS FOLLOWS; SECTION 1; AUTHORITY That I.C allows a county to pass an ordinance regulating the use and operation of off-road vehicles. SECTION 2; COMPLIANCE WITH I.C ET SEQ A. That off-road vehicles as defined in I.C may use Henry County roads, outside the corporate limits of any city or town. B. No person shall operate an off-road vehicle as defined in I.C , et seq., without a valid motor vehicle driver s license. C. No person shall operate an off-road vehicle without having properly registered said vehicle, pursuant to I.C D. No use otherwise prohibited by Indiana law shall be permitted on Henry County Roads including, but not limited to, the prohibitions found under I.C E. A person who operates an off-road vehicle on Henry County Roads shall comply with all conditions of I.C et seq. F. A person who operates an off-road vehicle on county roads as permitted under this chapter shall have in effect at all times the minimum amount of liability insurance coverage for the off-road vehicle as required by Indiana law for the operation of an automobile. Proof

3 of such insurance coverage must be filed with the Commissioners of Henry County before permitting the operation of an off-road vehicle on the county roads of Henry County. G. Any off-road vehicle operating pursuant to this statute shall not exceed the legal speed limit or the posted speed limit. The legal speed limit of the Henry County Highway systems is 45 M.P.H., unless otherwise posted. H. Any law enforcement officer including, but not limited to, the County Sheriff s Department, Indiana State Police and Indiana Conservation Officers may enforce this ordinanace. SECTION 3: EFFECTIVE DATE This Ordinance shall become effective on the 25 day of August, ADOPTED THIS 25 TH DAY OF AUGUST, 2010 ATTEST: Linda Ratcliff, Auditor HENRY COUNTY BOARD OF COMMISSIONERS Kim L. Cronk William D. Cronk Samuel R. Beckenbaugh An ordinance prohibiting the sale of substances containing synthetic cannabinoids or their use in public facilities was presented. A spokesperson for the Henry County Drug Task Force presented the ordinance and described some of the dangers of the drug Spice. Speaking in favor of banning the sale of the substances were: Olene Veach, Mary Logan, and Steve Holmes. Speaking in opposition to passing the ordinance were: Mike Haddin and Sean Albey. A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to pass the ordinance. Motion carried 3-0. The ordinance is inserted below: ORDINANCE NO

4 AN ORDINANCE PROHIBITING THE SALE OF SUBSTANCES CONTAINING SYNTHETIC CANNABINOIDS OR THEIR USE IN PUBLIC FACILITIES WHEREAS, The Board of Commissioners of Henry County have been made aware that substances containing synthetic cannabinoids, which include substances containing one or more of the following chemical compounds: (1) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo[c]chromen-1-ol, also known as HU-210; (2) 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018; (3) 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073; or (4) Any other equivalent compound or derivative ( Products ) have been marketed, sold, and offered for sale to the residents of Henry County, including minors; and WHEREAS, the citizens of Henry County and various elected and law enforcement officials have noted an increased use of such Products, currently marketed and sold under the name of K2 and Spice; and WHEREAS, Indiana law provides that the County Executive may enact Ordinances to promote and protect the safety, health and welfare of its citizenry; and WHEREAS, The Products containing synthetic cannabinoids have not been tested by the Food And Drug Administration (U.S. Department of Agriculture) or other governmental agency for human consumption and may contain chemicals detrimental to the health and welfare of those who may ingest them; and WHEREAS, medical studies and treatises note deleterious health risks and adverse effects associated with synthetic cannabinoids and the Products; and WHEREAS, several states and municipalities throughout the United States have banned the Products and synthetic cannabinoids as a danger to public health and welfare; and WHEREAS, the smoke emanating from the burning or incineration of the Products may cause adverse effects on bystanders or those in the vicinity of such activity; and WHEREAS, the Board of Commissioners of Henry County believe it is in the best interests of its citizens to prohibit the sale, marketing, or offering for sale of the Products within Henry County, Indiana, to protect the health, safety and welfare of the citizens and children of Henry County,

5 NOW, THEREFORE, BE IT ORDAINED, by the Board of Commissioners of Henry County, Indiana, as follows: 1. Products containing synthetic cannabinoids ( Products ), such as K2/Spice, or similar products which contain one or more of the following chemical compounds: (1) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)- 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol, also known as HU-210; (2) 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018; (3) 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073; or (4) Any other equivalent compound or derivative shall not be sold, marketed, or offered for sale within Henry County, Indiana; and 2. Products containing synthetic cannabinoids ( Products ) may not be burned, incinerated or ignited in any public place or on any property owned, leased or controlled by Henry County. Persons or entities violating the provisions of this ordinance shall be subject to the penalty imposed for a Class B infraction, as set forth in Indiana Code Accordingly, this ordinance shall be enforced by the provisions of Indiana Code law. This Ordinance shall be in full force and effect upon publication pursuant to Indiana ALL OF WHICH IS ORDAINED by the Board of Commissioners of Henry County, Indiana, this 25 th day of August, 2010 Board of Commissioners of Henry County ATTEST: Linda Ratcliff, Auditor Kim L. Cronk, President William D. Cronk, Vice President Samuel R. Beckenbaugh, Member An ordinance was presented by Doug Mathis from the Henry County Health Department to establish a new fund. The fund will allow money that is collected from fines to be placed in

6 a separate fund for the enforcement of fines, fee reimbursement, and costs. A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to allow the establishment of the fund. Motion carried 3-0. The ordinance is inserted below: ORDINANCE FOR THE HENRY COUNTY COMMISSIONERS WHEREAS, the Henry County Board of Health is responsible for the enforcement of County and State Health ordinance; and, and, WHEREAS, there is significant cost associated with this enforcement effort; WHEREAS, they are empowered to collect fines, fee reimbursement, and costs through enforcement efforts; and, WHEREAS, it would be in the best interests of the citizens of Henry County if said fees, fines and costs were deposited into a cumulative fund so that said monies could be used solely for further enforcement efforts. NOW THEREFORE BE ORDAINED BY THE COMMISSIONERS of the County of Henry that a Henry County Health Department Enforcement Cumulative Non-Reverting Fund is hereby created. Said fund shall receive all fines, costs, fees and payments made by offenders and collected by the Health Department in its enforcement efforts and other monies properly and necessarily to be held for enforcement efforts such as donations and grants for such purposes. Said funds shall be used but not limited to the efforts of the Henry County Health Department to enforce State and County health ordinances and requirements, educational efforts, costs of litigation including reasonable attorney fees, and all other reasonable costs associated with the enforcement of health standards and codes within the County of Henry. This ordinance shall become effective immediately upon passage. HENRY COUNTY COMMISSIONERS Kim Cronk, President Sam Beckingbaugh William Cronk ATTESTED BY: Linda S. Ratcliff, Auditor APPROVAL AND RECOMMENDATION BY THE HENRY COUNTY HEALTH BOARD

7 The Henry County Board of Health at its regular meeting of July 29, 2010 by a vote of 4 in favor and 0 against, recommends the approval of the above ordinance and requests that the Henry County Commissioners adopts same and create the Henry County Health Department Non-Reverting Cumulative Fund. In so doing, the Henry County Board of Health believes that the adoption of this ordinance is in the best interest of the citizens of Henry County in that it will foster the enforcement of existing and future State and County health codes and requirements. President, Henry County Board of Health Member Member Member ATTESTED BY: Doug Mathis, Administrator Mr. Steve Bennett was present to address his concerns over barking or nuisance dogs and the codification of ordinances that he is waiting for. The Commissioners told Mr. Bennett that they were working on the codification as best they could. A letter was received thanking the Commissioners and the Highway Department for the work that had been done to get ready for the Farmers Pike Festival. Mr. Richard Byers, Highway Engineer presented the following for Commissioner consideration and approval: A. A sales disclosure form for the Commissioners to sign for Right of Way Acquisition for the bridge #10 project to Parcel 3 of Wisehart Farms in the amount of $19,800. B. A letter of interest for responses to the request for proposals for the construction and inspection of bridge #10. Companies responding were: Beam, Longest & Neff, LLC Bernardin, Lochmueller, & Associates Butler, Fairman & Seufert, Inc. Cripe Arthitects & Engineers Hanson Professional Services, Inc Level 5 Engineering, LLC The Schneider Corporation USI Consultant Mr. Byers recommended that the Commissioners take under advisement and assign an LPA Consultant Selection Rating Committee.

8 C. The following were appointed as the LPA Consultant Selection Rating Committee. Bill Henry, Joe Wiley, Mark Walker, Dick Byers, Bill Cronk A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to approve the recommendations and suggestions of Mr. Byers. Motion carried 3-0. Penny York, representing EDC presented a contract from Custom Electrical Services for the work to be done on the grant Project to install energy efficient lighting in the CID Building, Courthouse, Justice Center, Maintenance Garage, Masonic Building, and Work Release Center. A motion was made by Mr. William Cronk and seconded by Mr. Beckenbaugh to sign the contract. Motion carried 3-0. Mrs. York will furnish a copy of the signed contract when all parties have signed. A motion was made by Mr. Beckenbaugh and seconded by Mr. William Cronk to adjourn. Samuel R. Beckenbaugh William D. Cronk Kim L. Cronk, President Linda S. Ratcliff, Auditor