| Road damage rankles board By SUE WATSON Staff Writer The
board of supervisors passed a moratorium Tuesday on hauling of any
agricultural, timber or mining type products on county roads, from
January 19 until March 1. Gross weight limit of vehicles during the moratorium was set at five tons for single axle trucks and 10 tons for tandem axle. This
moratorium excludes garbage trucks, school buses, emergency vehicles
and service vehicles. It was set for the purpose of preserving county
roads during the winter’s cold weather conditions, according to the
board. Supervisors, in an earlier January
meeting, had rehashed problems where loggers/haulers have damaged
county roads and voted to seek recovery of road repair expenses
allegedly caused by haulers on Bubba Taylor Road and Levi Bell Road. It
is the number of pounds on the logging truck, the weather and the
number of loads coming out of a field that all add up to crumbling of
county paved roads not built to handle heavy loads, supervisors said. The
main concern about the road damages is that it costs the taxpayers more
millage to repair roads oftentimes than the timber is worth, they said.
The damage to Bubba Taylor Road in December was estimated to run up to
$8,000 to repair while the tax the tree farmer pays 20 years on such
land at a rate of $6 an acre is not enough to recover the damages, said
supervisor Keith Taylor, who made a motion to seek relief for the
county through the courts. In the case of the
tree farmer on Bubba Taylor Road, Taylor said the landowner would at
most pay $150 a year in taxes and for 20 years - the time it takes a
pine tree to mature - the farmer would pay only $3,000 in taxes, he
said. That would come to less than half what it is estimated to cost
the county for repairs to stabilize the road. Several
concerns surfaced during the discussion of road damages from haulers,
particularly in winter months, one of which is that the damages often
are to newly paved roads that serve subdivisions as well as farmlands. Bubba Taylor Road was paved just a couple of years ago, Taylor lamented. The logger in the recent incident on Bubba Taylor Road discontinued hauling after seeing the extent of the road damage. But
many loggers are going to work without following the ordinances set up
to protect the roads which includes getting a preferred route and
permit from the county road manager. Supervisor
George Zinn III said he is amazed how haulers will come before the
board and promise to repair any damage to roads but after the work is
finished they leave without keeping their word. Supervisors
entered an agreement with tree farmers last year in which the county
waived a requirement that haulers post bond for any potential damage
they may cause to a road, particularly the areas where trucks enter and
leave the field. Hauling on gravel roads has not
been an issue because repairing gravel roads is not expensive compared
to paved ones, according to Ronnie Joe Bennett, supervisor in District
5 which has lots of gravel roads. Zinn argued that loggers should sign papers before logging begins, saying they will pay for road repairs. Supervisors also discussed placing a moratorium on hauling logs on county roads during winter months. Board
attorney Kent Smith said he is confident the board has authority to
impose a moratorium and also the authority to sue for damages and
regulate traffic if trucks are tearing up the roads with the laws
already on the books. Bennett voiced concern. “The timber haulers in Marshall County will throw a fit because they get more money for timber in winter,” he said. County administrator Larry Hall urged that haulers not be permitted to bring out loads during freezing weather. “Roads will tear all to pieces,” he said. Bennett
thought the solution will fall upon three entities, the landowner, the
timber cutter and the county taxpayer. He wants the three to work
together. “In all fairness, we are just asking for a moratorium for two months out of 12,” said Zinn. Bennett suggested haulers will cut timber outside Marshall County during a moratorium and not lose work. Smith suggested the board could put a moratorium on the weight limit during winter months instead of hauling in general. He
said once a moratorium is set, the county would be sued because the law
does not address the issue of requiring haulers to post bond or the
issue of a moratorium. “If we don’t take action, we are not doing our job,” said Taylor. Supervisor
Willie Flemon said if the industry doesn’t like the county seeking
relief, the supervisors stand a chance of getting thrown out of office
come the next election. Smith said the tree farmer and haulers will get the message to follow the rules once the county sues the first hauler. With
that, supervisors passed a motion by Taylor to sue to recover costs of
repairing Bubba Taylor Road and passed a motion by Zinn to sue for
damages from a hauler who allegedly damaged Levi Bell Road.
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