(A) From and after the passage of this section, there shall be established an advisory committee composed of five members to be known as the County Highway, Road and Street Advisory Committee, which shall exist in accordance with the provisions of this section as hereinafter set forth, and as the same is from time to time amended and/or repealed.
(B) (1) From and after the passage of this section the members of the County Highway, Road and Street Advisory Committee (hereinafter “the Advisory Committee”) shall be nominated and appointed as follows:
(a) Two members of the Board of Commissioners;
(b) Two members by the County Council; and
(c) One member by the 75% majority vote of the four members of the Advisory Committee nominated and appointed by the Board of Commissioners and County Council.
(2) The nomination and appointment of all members to the Advisory Committee shall be made not later than 15 days after the passage of this section. The members nominated and appointed shall be promptly notified of their appointment and nomination by the body making the nomination and appointment under this section. The members’ terms of office shall run commencing upon the subscription to the oath of office as hereinafter described, and run the following number of years from February 1 following the original appointment: one member appointed by the Board of Commissioners for a term of one year; one member appointed by the Board of Commissioners for a term of two years; one member appointed by the County Council for a term of one year; one member appointed by the County Council for a term of two years; and the member appointed by the four members of the Advisory Committee for a term of three years.
(3) At the expiration of the respective terms of each member of the Advisory Committee, as originally appointed, their respective successors shall be nominated and appointed before the expiration of the term in the same manner as the original nominee, and each succeeding member shall serve for a term of four years.
(4) In the event that the Board of Commissioners, County Council or Advisory Committee members shall fail to make a nomination and appointment within the time specified herein, the executive officer of each body may select and appoint a person without a nomination.
(5) In the event any person appointed as a member shall fail to qualify as hereinabove provided, within ten days after mailing to him or her the notice of his or her appointment or if any member after qualifying, shall die, resign or vacate the office, or be removed as hereinafter provided, a new member shall be nominated and appointed to fill the vacancy in the same manner as the member in respect to whom the vacancy occurs, and the member so appointed shall serve for the remainder of the vacated term. Members shall hold over after the expiration of their terms until their respective successors have been duly appointed and have qualified.
(C) (1) Each member, before entering upon his or her duties, shall take and subscribe an oath of office in the usual form, to be endorsed upon the certificate of his or her appointment, which shall be promptly filed with the Auditor of the county.
(2) The Advisory Committee originally appointed shall meet with 30 days after its appointment at a time and place designated jointly by the Board of Commissioners and County Council for the purpose of organization, and shall meet to reorganize in February of each succeeding year. The Advisory Committee shall elect one of its members as President, one as Vice President and one as Secretary. Each of these officers shall serve from the date of his or her election until January 31 next following his or her election and until his or her successor is elected and qualified.
(D) The Advisory Committee shall be authorized to adopt by-laws, rules and regulations as it may deem necessary. Regular or special meetings shall be held at a time as it may determine and upon the notice as it may fix, either by resolution or in accordance with the provision of the by-laws, rules and regulations adopted. A majority of the Advisory Committee shall constitute a quorum. A concurrence of a majority of the Advisory Committee at a meeting or a unanimous consent signed by each member shall be sufficient to authorize any action. At a minimum, the Advisory Committee shall meet once each quarter during the calendar year.
(E) Any member may be removed from office at the discretion of the body which nominated and appointed him or her, except that the member of the Advisory Committee appointed and nominated by the members of the Advisory Committee may be removed from office by the joint action of the Board of Commissioners and County Council. Removal from office may be made without cause.
(F) A member of the Advisory Committee shall disclose any pecuniary interest in any employment, financing agreement or any contract and the like in any action taken by the Advisory Committee and the members shall not vote on any such matter.
(G) The members of the Advisory Committee shall receive no salaries but shall be entitled to reimbursement for any expenses necessarily incurred in the performance of their duties. The members shall be entitled to a per diem allowance not to exceed the sum of $25 for each day a member attends a meeting of the Advisory Committee.
(H) (1) It shall be the duty of the Advisory Committee to investigate, study and survey the network of county highways, roads and streets to develop a four-year road plan (hereinafter “county road plan”), whose objective is to provide a network of county highways, roads and streets that will accommodate all traffic needs safely, efficiently and economically.
(2) To this end, the Advisory Committee shall at a minimum be guided by and use the following planning elements in developing the county road plan:
(a) Road numbering and marking;
(b) County highway, road and street inventory;
(c) Functional classification of roads;
(d) Geometric standards for county highways, roads and streets;
(e) Traffic and accident records; and
(f) Rating county highways, roads and streets for condition.
(I) For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COUNTY ROAD INVENTORY. An itemized listing of all highway, road and street sections in the county system, including: road number and/or name, length, right-of-way, roadbed, roadway width; and type of surface, road junctions, railroad crossings, bridge structures and minor drainage structures.
FUNCTIONAL CLASSIFICATION OF COUNTY HIGHWAYS, ROADS AND STREETS. Classification of county highway, roads and streets and grouping of the same according to the function or kind of service they perform.
GEOMETRIC STANDARDS FOR COUNTY ROADS. The geometric standards of width, gradient, curvature and site distance.
RATING COUNTY HIGHWAYS, ROADS AND STREETS FOR CONDITIONS. A comparison of the design standards with the actual road condition and express the extent to which the highway, road or street is deficient.
ROAD NUMBERING AND MARKING. The identification of each county highway, road and street by either number and/or name for the convenience of the traveling public and for use in developing a road inventory and cost record use.
TRAFFIC AND ACCIDENT RECORD. A continuing program of data collection in monitoring traffic flow and accidents on the county highway, road and street system.
(J) (1) In addition to the foregoing, the Advisory Committee shall investigate, study and survey the network of county highways, roads and streets to develop the Advisory Committee’s recommendation for an application for a loan to be submitted by the County Council to the State Department of Highways from the Distressed Road Fund and in making the recommendation to the County Council, the Advisory Committee shall be guided by and use the following minimum criteria in developing its recommendation:
(a) Traffic counts and projected traffic;
(b) Area served;
(c) Surface material and conditions;
(d) Base material and depth;
(e) Drainage, including culverts;
(f) Width of roadway and right-of- way;
(g) Soils upon which the road is placed;
(h) Topography;
(i) Seasonal weather conditions and the effect on road repairs and maintenance; and
(j) The minimum transportation needs of all areas of the county regardless of population or vehicle regulation.
(2) In making the recommendation to the County Council, the Advisory Committee shall have prepared a map depicting all highways, roads and streets in the system of the county and a proposed program of work covering the current and immediately following calendar year.
(K) The Advisory Committee shall consult from time to time and use as a guide a publication issued by Purdue University, Engineering Experiment Station in cooperation with the County Commissioners of the state, entitled County Road Management Guidelines for Boards of County Commissioners, a copy of which shall be kept on file with the Auditor of the county.
(L) (1) The Board of Commissioners may appoint and hire a duly licensed and qualified engineer to practice in the state, who upon qualification shall become the County Highway Engineer (hereinafter “the Highway Engineer”). The Highway Engineer shall perform any and all duties necessary to be performed by him or her in implementing the county road plan, developing an application for a loan to the State Department of Highways from the Distressed Road Fund, and under a job description to be developed by the Advisory Committee.
(2) The Highway Engineer shall attend all meetings of the Advisory Committee and provide any technical and engineering advice requested by the Advisory Committee.
(3) The Highway Engineer shall attend all meetings of the Advisory Committee and provide any technical and engineering advice requested by the Advisory Committee.
(4) The Advisory Committee and office of Highway Engineer shall be funded by the Board of Commissioners in the manner and to the extent the Board of Commissioners deems necessary.
(1984 Code, § 14-1) (Ord. 81-23, passed 11-2-1981)