January 29, 2019 at 6:29 p.m.
Sign of confusion
‘No thru’ ordinance in need of clarification
Sign of confusion
When a county road is posted “no through trucks,” what exactly does that mean?
Does it mean that truck traffic going through from one specific point on the road to another is prohibited?
Or does it mean that all truck traffic except local deliveries is prohibited?
“We all need clarification,” commissioner Chuck Huffman told more than 15 farmers who showed up Monday to complain about being pulled over by the Jay County Sheriff’s Office.
“If you talk to five different people, you get six different answers,” farmer Mike Timmerman told commissioners. “This is nonsense. If we’re not allowed on this road, why are we paying wheel tax?”
“I’m sure you are getting conflicting information,” responded Huffman. “We need to get clarification from the county attorney.”
Bill Hinkle was unable to attend Monday’s meeting.
Does it mean that truck traffic going through from one specific point on the road to another is prohibited?
Or does it mean that all truck traffic except local deliveries is prohibited?
“We all need clarification,” commissioner Chuck Huffman told more than 15 farmers who showed up Monday to complain about being pulled over by the Jay County Sheriff’s Office.
“If you talk to five different people, you get six different answers,” farmer Mike Timmerman told commissioners. “This is nonsense. If we’re not allowed on this road, why are we paying wheel tax?”
“I’m sure you are getting conflicting information,” responded Huffman. “We need to get clarification from the county attorney.”
Bill Hinkle was unable to attend Monday’s meeting.
Commissioners Mike Leonhard and Chad Aker said the prohibition on those routes only refers to traffic that goes the length of the no-trucks section. In other words, through traffic.
Former commissioner Ed Nixon agreed.
“You can break into that no-through truck route anywhere you want,” said Nixon.
“If you’re hauling from your farm, you’re exempt from it,” said Aker.
Leonhard added, “Somebody doesn’t know the law.”
Nixon said he was confident of his interpretation and suggested the confusion stems from numerous new signs along county road 200 South that show a symbol for a truck with an angled red line through it and the number of a county ordinance.
“I know you feel confident about it,” said Huffman.
“I am confident about it,” said Nixon. “I wrote the ordinance.”
The county established a number of no-through truck routes in 1995, 2010 and 2011, responding to increased traffic near Jay County Landfill and POET Biorefining-Portland.
Commissioners will revisit the issue at their Feb. 11 meeting when Hinkle will be on hand to sort out the legal language.
In the meantime, they will ask the sheriff’s office to back off on enforcement until the situation is clarified.
To complicate matters further, one section of county road 200 West from Mount Pleasant Road north to county road 200 South has signs saying, “No trucks,” though there is no ordinance or documentation to back that up.
“If there’s no ordinance, there shouldn’t be a sign up,” said Aker.
Later in their meeting commissioners unanimously agreed to have the signs on county road 200 West removed.
In other business, commissioners:
•Convened the county board of finance — Huffman, Aker and county treasurer Paula Miller — and designated official depositories for county funds.
•Agreed to allow use of the courthouse for a weekend wedding in April, requiring a fee of $50 and proof of liability insurance.
•Reappointed Janet Horn and Carrie Brotherton to four-year terms on the Penn Township Library Board.
•Heard reports from Jay County Community Developer Ami Huffman and Travis Richards of Jay County Development Corporation.
•Heard John Hemmelgarn, administrator of Jay/Portland Building and Planning Department, report that 21 new homes were issued permits in 2018, four new confined feeding operations were permitted and six more CFOs have had their intent to build applications filed.
•Reviewed a proposal from Indiana Supreme Court to bring the county’s courts into line with the new statewide case management system called Odyssey. Action on the proposal is expected at the Feb. 11 meeting.
“It’s inevitable, but it’s also going to result in some savings,” Jay Circuit Court Judge Brian Hutchison said.
Former commissioner Ed Nixon agreed.
“You can break into that no-through truck route anywhere you want,” said Nixon.
“If you’re hauling from your farm, you’re exempt from it,” said Aker.
Leonhard added, “Somebody doesn’t know the law.”
Nixon said he was confident of his interpretation and suggested the confusion stems from numerous new signs along county road 200 South that show a symbol for a truck with an angled red line through it and the number of a county ordinance.
“I know you feel confident about it,” said Huffman.
“I am confident about it,” said Nixon. “I wrote the ordinance.”
The county established a number of no-through truck routes in 1995, 2010 and 2011, responding to increased traffic near Jay County Landfill and POET Biorefining-Portland.
Commissioners will revisit the issue at their Feb. 11 meeting when Hinkle will be on hand to sort out the legal language.
In the meantime, they will ask the sheriff’s office to back off on enforcement until the situation is clarified.
To complicate matters further, one section of county road 200 West from Mount Pleasant Road north to county road 200 South has signs saying, “No trucks,” though there is no ordinance or documentation to back that up.
“If there’s no ordinance, there shouldn’t be a sign up,” said Aker.
Later in their meeting commissioners unanimously agreed to have the signs on county road 200 West removed.
In other business, commissioners:
•Convened the county board of finance — Huffman, Aker and county treasurer Paula Miller — and designated official depositories for county funds.
•Agreed to allow use of the courthouse for a weekend wedding in April, requiring a fee of $50 and proof of liability insurance.
•Reappointed Janet Horn and Carrie Brotherton to four-year terms on the Penn Township Library Board.
•Heard reports from Jay County Community Developer Ami Huffman and Travis Richards of Jay County Development Corporation.
•Heard John Hemmelgarn, administrator of Jay/Portland Building and Planning Department, report that 21 new homes were issued permits in 2018, four new confined feeding operations were permitted and six more CFOs have had their intent to build applications filed.
•Reviewed a proposal from Indiana Supreme Court to bring the county’s courts into line with the new statewide case management system called Odyssey. Action on the proposal is expected at the Feb. 11 meeting.
“It’s inevitable, but it’s also going to result in some savings,” Jay Circuit Court Judge Brian Hutchison said.
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