Thursday, March 16, 2006

Supervisors to halt dumping of concrete; animal control ordinance OK’d, kennel ready

Staff Writer

The Marshall County Board of Supervisors wants to nix a request from a hauler of concrete – taken up off Highway 78 – to stockpile it in the county for later pulverization and resale.

Objections were made by Supervisors George Zinn III and Willie Flemon, who said the state contractor would tear up county roads and has not posted any bond.

Zoning director Conway Moore said the contractor has been selling loads of the concrete to individuals for fill material.

“We don’t want him doing that without a permit from us,” she said.

Supervisor Ronnie Joe Bennett objected to the material being recycled without a clear understanding of the environmental plan the subcontractor should have submitted with his bid.

“When you let anyone open a business the county is liable in the future,” he said. “There should be something in writing saying he will have to move it if he doesn’t crush it (for resale).”

Zinn and Flemon said the hauler should have a bond that would pay for any damage to county roads.

Attorney Tacey Clark Clayton agreed, saying the county needs to know which roads the contractor will be using and his plans for securing a site to stockpile material for crushing.

“We at least need for him to come up and explain his plans,” she said.

“We will need a time-specific deadline so we could call the bond.”

“I imagine when someone bids a project, he has to have a storage,” said Supervisor Keith Taylor.

Chancery Clerk Chuck Thomas suggested the asphalt plant in Byhalia as a possible place to stockpile.

“I am going to be against him getting on any county road,” said Flemon. “It’s definitely going to tear them up.”

Flemon said the supervisors have worked years to get what paving they have on county roads.

“It’s not a county project,” said Taylor. “It needs to be done (stockpiling and crushing) closer to the site.”

Clayton said the county has to treat everyone fairly and cannot make exceptions for certain people, without risking lawsuits.

“What you do for him, down the road you have to do for somebody else,” she said.

With that, Flemon made a motion to deny a permit, seconded by Taylor and the motion carried.

Bennett then said the material should go to a landfill.

“The motion needs to state the planning commission should notify him it is illegal to dispose in the county,” Bennett continued.

Taylor said he was not against the material being used to fill in a ditch for someone, but not for profit.

“And it can be used to stabilize creek banks,” said county administrator Larry Hall. “We could use some of it around bridges. But the material is supposed to go to a construction and demolition (solid waste) landfill.”

The discussion was followed by a motion from Flemon, seconded by Zinn, to send the hauler a letter from the planning commission and county attorney.

In other business, the board:

  • moved to adopt county animal control ordinances. Sheriff Kenny Dickerson said the county kennel is ready for use.
  • opened bids for asphalt and rental equipment.
  • approved purchase of 32 portable radios and related equipment for the sheriff’s department and the lease purchase of two patrol cars.
  • approved the mid-February claims docket at about $76,888.

Supervisors’ next meeting will be Monday, March 20, at 5 p.m.

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