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Resident Urges Dog, Noise Ordinances

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A dog ordinance for the county is something Herschel Rainwater wants the Kosciusko County commissioners to approve by spring.

Rainwater appeared at the commissioners' meeting Tuesday to make his case again for the ordinance. He has been asking for the ordinance since early last year and the issue has seen some heated arguments in public forums.

At Tuesday's meeting, however, the nuisances Rainwater said are now causing him problems include all-terrain vehicles and motorcycles. He said he is not the only one affected by these nuisance noises as he has been called by numerous county residents about excessively loud ATVs or motorcycles.

"A farmer by me split up his farm. A farmer has a right to do what he wants with his farm, I have no qualms with that. When the people who move on it, though, cause problems, residents have a right, they have an obligation to (speak up)," Rainwater said.

"This morning, I was awakened by my neighbor's dog again," he said. "It is wrong for the people of this county to cause problems for their neighbors."

Rainwater said he was at his wit's end over the weekend because of dogs running around and loud motorcycles. He said he asked his neighbors to keep the noise down, but they told him their bikes had mufflers on them for noise control. He told the commissioners he could hear the motors a quarter of a mile away.

Rainwater also told the commissioners he did not like former sheriff Al Rovenstine's comments on a news broadcast about the dog ordinance. Rainwater said Rovenstine said, "They just want to arrest people for having a barking dog." Rainwater said he didn't appreciate Rovenstine's comment.

"I think all the people are the same way," Rainwater said. "They don't want to be harassed by barking dogs, ATVs and motorcycles. I don't think anyone wants to be harassed.

"Please address this. I would like to know what the county plans to do about this," he said.

He asked the commissioners for an answer by the end of the week.

Commissioner Brad Jackson said, "I'll commit to looking into it, but I don't want to put a (timeline) to it."

Rainwater said, "I think this has to be looked at and resolved by spring. I think this has to be resolved in the next two weeks because people are ready to act on this."

In other business, the commissioners approved two amendments to the health plan for county employees.

The amendments are required by federal law and went into effect Jan. 1, said county administrator Ron Robinson.

The first amendment is a statement of rights under the Newborn's and Mother's Health Protection Act. Under federal law, group health plans and health insurance issuers offering group health insurance coverage generally may not restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery or less than 96 hours following a cesarean section.

The plan or issuer may pay for a shorter stay if the attending provider, a nurse midwife or physician assistant, after consulting with the mother, discharges the mother or newborn earlier. Plans and issuers may not set the level of benefits or out-of-pocket costs so that any later portion of the 48- or 96-hour stay is treated in a manner less favorable to the mother or newborn than any earlier portion of the stay.

A plan or issuer may not require a physician or other health care provider to obtain authorization for prescribing a length of stay of up to 48 or 96 hours.

The second amendment approved by the commissioners allows for breast reconstruction after mastectomies. The benefits that will be provided to a plan participant who elects such reconstruction in connection with a mastectomy include reconstruction of the breast on which the mastectomy has been performed; surgery and reconstruction of the other breast to produce symmetrical appearance; and coverage for prostheses and physical complications of all stages of mastectomy, including lymphodemas, in a manner determined appropriate in consultation with the attending physician and the patient.

The commissioners also approved the contract for the jail physician. The contract, with Dr. Mark A. Jensen, is the same as last year, Robinson said. The jail physician goes in the jail once a week and does tests and examinations as needed with the help of the nurse.

Commissioner Avis Gunter was reappointed commissioner president and Jackson was appointed vice-president.

The commissioners also appointed Dane Miller to the wage committee for Winona Lake.

In highway matters, the commissioners accepted a bid proposal from 3M for traffic signs.