Commissioners to seek legal advice on lake right-of-ways


The Marion County Commis­sion decided to seek opinions and action suggestions Monday from County Attorney Susan Robson in regards to Marion County Lake homeowners’ building improvements that are interfering with public road right-of-way around the lake.

Planning and Zoning Director Tonya Richards said the problem is widespread around the lake and she doesn’t always have the time and knowledge to deal with it all herself.

The problems include dirt retaining walls built several feet into right-of-way, homes with one wall on the boundary line of lots and even structures built into the right-of-way, she said.

She, the commissioners and road and bridge department workers have noted the problems that will follow if county crews must enter areas for improving roads beyond being trails.

Commissioner Randy Dallke said, “We don’t want to be police dogs on this,” but he added that the county may have to do something.

Commissioner Roger Fleming said it also is difficult when new residential owners move to the lake expecting their property lines to be valid.

“We can’t go on visuals,” Fleming said. “People will have to have surveys.”

Marion County jail

Fleming and Dallke, with Commission Chairman Dan Holub gone for the day, went with Sheriff Robert Craft and Andy Pitts of Treanor Architects, who is overseeing construction of the new county jail, to look at a concrete drainage trough to Mud (aka Luta) Creek at the southeast boundary of the Marion Post Office to see if it might be shared for water drainage from the jail lots.

Pitts asked commissioners about building a drainage system from the jail as required by the state.

Dallke noted the post office lots are owned by the city of Marion, which might grant cooperation in the effort rather than the county seeking ground from adjacent landowners.

The commissioners also noted that it might be possible to put drainage through an adjoining county-owned lot on the creek to the south if needed.

Pitts also reviewed multiple additions and subtractions to the jail price total as equipment is purchased or changes made during construction.

He and the commissioners discussed taking curbing and guttering construction on the west side of the jail along Fourth Street out of the construction contract in favor of joining the city of Marion in building those when the city rebuilds Fourth.

Other business

Road and Bridge Director Randy Crawford said he has given a change-order in construction of the four miles of road into Tampa to gravel the shoulders to help stabilize them.

The commissioners agreed with Crawford that persons who pay the county to apply sand in front of driveways instead of standard county road gravel will also have to settle for a standard depth of sand rather than seeking extra in order to stabilize surface for passing drivers.

The commissioners agreed with Crawford in rejecting spending an extra $54,000 for a new spray-paving chemical on 330th Road to extend road life when the county lacks both funds and previous experience with the chemical.

Rollin Schmidt, transfer station, recycling, noxious weed and household hazardous waste director, said he has been re-figuring total disposal cost of solid waste to report rather than only reporting tipping fees and trucking costs to landfills.

That cost, he said, came in at $52.28 a ton for throughout 2010, and at $54.74 for 2011 with 2012 yet to be determined.

The regular cost per ton reported for fuel, driver and tipping fees came in at an average of $40.88 last month.

Schmidt said that the transfer station for April took in 422.21 tons of municipal solid waste, 124.53 tons of commercial and demolition waste, 0.39 ton of special waste and 0.31 ton of tires.

The monthly tipping fee totaled $18,590.66 with total tipping fees for the year to date at $64,063.62, he said.

The commissioners awarded a noxious weed bid of $6,622.92 for 24 quarts of Milestone herbicide, 10 gallons of Milestone, 256 ounces of 8-ounce bottles of Metsulfuron Methyl and 30 gallons of Dicamba to Ag Service of Hillsboro over a bid of $6,859 from Markley Service of Marion.

The commissioners noted that they are expecting county department heads to be very realistic in presenting budget needs for next year rather than throwing in a wish list.

Fleming said, “We’re well aware of where we’re at and where we want to be” in seeking to increase wages, and balance that with employee costs for health insurance, “which we hope they realize” is also a part of compensation.

The commissioners appointed Holub to succeed Dallke as the next two-year representative to the Harvey-Marion County Community Develop­mental Disability Organization.

They also voted to affirm Barbara Bunting of Harvey County as the new executive director of the organization.


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