Before proceeding to control brush as provided, the commission must notify such landowners via certified mail and give them 30 days from either acceptance or refusal of the mail piece to comply. The landowner may take an automatic 30 day extension and the commissioners may grant another by a majority vote. No further extensions may then be considered. In the event that the property owner cannot be located by certified mail, a notice shall be placed in a newspaper of general circulation of the county at least 30 days before the commission takes action to remove such brush. Commissions cannot withhold rock from roads for refusal to comply.
County Attorney David Baird will prepare letters of violation and the county will use areal photos of the area to be cleaned in order to prevent any misunderstandings of what brush is to be removed. The county will prepare letters of violation and then follow up with a second letter within two weeks if the first one is not responded to. In the event of noncompliance, the county will bid out brush removal work to area contractors and assess the costs on the landowner's taxes.
The Fence Law was also discussed. Worth County is an optional fencing law county. If either neighboring landowner needs a division fence, the neighbor has to pay for half of the cost of the lawful fence and maintain half. Lawful fence, which has gotten more strict over the years, is defined as a fence of four barbed wires supported by posts not more than 12 feet apart or 15 feet apart with one stay. If either neighbor wants a more costly fence, then he will have to build and pay for it.
There is no such thing as a "right hand" rule in the county. Each neighbor is to build and maintain half. Disputes are to be taken to the Associate Circuit Court, which has the authority to appoint three fence viewers to report back to the court.
If livestock trespasses through a landowner's portion of the division fence and it was in need of repair, then that landowner can be held liable for the actual damages caused to the neighbor's crops or livestock.
Neighbors are free to make fencing agreements different from these statutory provisions if they are in writing, signed, and recorded properly.
Clerk Roberta Owens was not present; she was out of town for training. Deputy Clerk Cheryl Snead attended the meeting and took the minutes.
The elevator quit Monday morning and nobody could figure out how to get it going again. The county will try and line someone up to fix the problem. Steve Combs will come and look and see if there is a problem with electricity coming into the elevator.
Earl Schrock was present at the meeting to discuss various repair needs around the Courthouse. The southwest bathroom entrance needs to be repaired and a leak down the south side of the building needs to be repaired. He will look at guttering and drainage issues as well as fixing the wall in Judge Joel Miller's office. The insurance company approved fixing the wall in Judge Miller's office while the commission will be responsible for the paint. The county will put matching roofs as near as possible around the Courtyard.
Commissioners decided that the computer in the meeting room needed to be repaired or replaced because of constant hangups.
The commission awarded the gravel hauling bid to Roger Robertson Trucking, formerly Miller Trucking. Their bid was $5.10 a ton for rock and $6.25 a ton for rip rap. The county got a lower bid from Terry Schieber for $4.80 a ton for rock. However, there was no rip rap bid included, the bid was based on fuel prices from a few days ago while Robertson's was based on Monday's fuel prices, and Robertson is an in-county hauler. A fuel surcharge would apply in the event of fuel prices going up. Wieland Hauling from Bethany bid $6.50 a ton for rock and $8.00 a ton for rip rap. Gravel hauling could start as early as next week. Roger Robertson, who was present at the meeting, said that the rock was in better shape than last year and that there was not as much moisture. Commissioner Dennis Gabbert, in making the motion to accept Robertson, said that they had a proven track record as opposed to what he said was trouble with gravel checkers in the past.
Road and Bridge Foreman Jim Fletchall said that the county delivered a tube to Clint Larison's and that the road had ruts and needed grading and maintenance rock. There were tubes needed on roads #171 and #173. Road crews are working this week on the bridge near the New Hope Cemetery; equipment is on site and with the warmer weather, they were expecting to get work done on it.
The policy on maintenance rock versus emergency rock was discussed. Maintenance rock is used to repair roads which the county tore up while doing work. Emergency rock is something that patron use to repair roads that are in bad shape when the county is not delivering CART rock.
Fletchall reported that work was needed on the road going from 46 to the Pool Hall and Route T in Allendale. It needs rock and tube work.
Fletchall reported that FEMA was shorting the county rock. For instance, Dale Findley's road and the Isadora bypass were two roads which need ditching and buildup work from flood damage, yet FEMA only allowed a minimal amount of rock.
The mower situation was discussed. The old mower will take $1,000 to put a new motor in. Everything else was OK, but the motor quit on it. There are some that sell for $500 at Orscheln's, but they are not nearly as strong. Commissioners said they were in no hurry to dispose of the old mower because they wanted to find the best deal possible.
Wayne and Judy Hayes requested cost sharing for Road #230.
With the warmer weather, all of the graders were running this year. Commissioner Dennis Gabbert said that there would be a lot of ditch work to do this year.
Vernon Coy came to discuss wiring needs with the county.
Richard Hunt called to request cost sharing for Road #238 north of Don King's. The county will look at the road and determine what needed to be done.
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