Supervisors Field Requests For Property Cleanup
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COFFEEVILLE – Supervisors voted unanimously to not take action in response to a complaint filed requesting cleanup of property owned by Charlene Kincaide located at 10869 County Road 436. The decision followed testimony during a hearing in the May 5th Board of Supervisor meeting that indicated the problem ultimately stems from a dispute between neighboring property owners. The complaint was filed by Evelyn Turner at a board meeting in April.
Board Attorney Shannon Crow opened the hearing with an explanation of the legal authority granted for cleanup, citing state statute that allows county supervisors to clean up private property if it is deemed in a “state of uncleanliness as to be a menace to the public health, safety and welfare of the community.” Any expenses associated with the cleanup is added to the property taxes.
“We have a formal complaint against your property,” Board President Cayce Washington explained as the hearing got underway. “There is a lot of debris laying around, we have seen pictures.”
Evidence in the hearing included testimony from Kincaide and Clayton Horton, a private contractor who assisted her with cleanup efforts. Evidence also included a police report that stated the property owner who filed the complaint requesting the cleanup had an individual move the trash on the property located at 10869.
“The woman who was complaining about the trash is the one who was piling on this property. It is her trash,” District 5 Supervisor Gaylon Gray said.
Discussion also centered on a vacant mobile home located on the property.
“The mobile home is the concern, but it sounds like she is taking efforts to do something about it,” Crow added. “The statute says you can go in and move the mobile home, but I don’t think it is a situation to do it,” the attorney recommended.
Supervisors also learned sewage was coming on Kincaide’s property, allegedly from her neighbor’s property following testimony from Horton.
“Is it a straight pipe, is there not a septic tank?” Supervisor Gray asked about the runoff.
“I don’t know if it is the overflow from the septic tank or what, but I know it is sewage down there. I got my backhoe stuck in the bottom,” Horton said.
“There needs to be a call to the health department, we will get that addressed,” Washington added.
“Folks don’t realize, when you kick that barrel over you find those grub worms,” Gray added about the feud.
The property is located in District Two and District Two Supervisor Ken Rogers ultimately had the final word on the matter.
“Are you satisfied that the board should not take action?” District 4 Supervisor Eddie Harris asked.
“I am satisfied,” Rogers answered.
In a second, unrelated cleanup request, supervisors voted unanimously to schedule a hearing to determine if action should be taken to clean up property owned by William Beard located at 4856 County Road 224.
The vote to schedule the hearing came after Beard’s neighbor, Timothy Leatherby, filed a petition requesting that the county clean up Beard’s property.
The petition was signed by Leatherby, his wife, and two neighbors and supervisors allowed Leatherby to testify before making a decision to schedule the hearing. Leatherby said there were other neighbors also concerned about the condition of Beard’s property, but do not want to get involved and sign the petition.
“I have to clean up the mess that blows into my yard,” Leatherby told supervisors.
Leatherby told supervisors he has also written letters to Mississippi Attorney General Lynn Fitch and Mississippi Governor Tate Reeves about the problem, and even reached out to others.
“I have decided to go a little bit higher, Mr. Clarence Thomas has decided to throw his hat into it,” Leatherby told supervisors.
Following the testimony and review of pictures provided by Leatherby, supervisors voted unanimously to schedule the hearing to determine is the property is a menace to the public health, safety and welfare of the community.
“What is going to happen now the sheriff is going to go out there and tell him he has been served with a petition saying he needs to clean up his property. He will have a chance to respond to that. And at that point we will take any action that is deemed necessary,” Washington explained about the legal steps.
Other action in the May 5 meeting held at the Coffeeville courthouse included:
• Approved the purchase of a new fire truck for Tillatoba Fire Department scheduled for delivery on May 8. The request was presented by EMA Director Stewart Spence and also triggered discussion about the payment for the $474,960 truck.
Spence reported that the county received $90,000 in matching grant money from the Mississippi Rural Fire Truck Acquisition Assistance Program for the purchase. Spence also said that $128,860 in fire rebate funding the county receives from the state is earmarked for the truck along with $106,100 from the rural fire fund that comes from taxes levied in the county.
Spence told supervisors that his request also included financing the remaining $150,000 using surplus money in the county’s general fund as has been approved for previous fire truck purchases. The $150,000 will be repaid in four annual installments with an interest rate of one percent.
Supervisors tabled Spence’s request until the next meeting scheduled May 19.
The purchase of the new fire truck also triggered discussion about improvements needed for the driveway at the Tillatoba Fire Department.
“It is hard for them to swing back and go south on Hwy. 330,” Gray said about trucks responding to a fire.
“But they can get out that way right now, right?” he asked.
“Yes, they just have to be careful,” Spence answered.
“The equipment we are getting now is too big for our existing fire stations,” Gray explained.
“That is exactly right,” Spence said.
Spence said there is only around two inches of clearance between the top of the truck and the bay where it is parked.
• Supervisors denied a request from a property owner requesting a water line be installed across Kuykendall
Creek located south of Oakland near County Road 211 and Hwy. 51.
District 4 Supervisor Eddie Harris reported he had received the request.
“Back in 1997, a bridge was removed and a box culvert added,” Harris explained. “When the county did that, they cut a water line. They never did get the water line back across Kuykendall Creek when they put the box culvert in.”
Harris said the property owner is requesting that county pay to get the water back across the creek to the property she recently purchased in a tax sale, noting that the county did not fulfill its obligation to replace the line years earlier.
“I told her that I would bring it to the board.”
“That is just too long ago,” Attorney Crow advised.
“Almost 30 years ago,” Gray agreed. “And the county was supposed to do it?”
“That is what the property owner said,” Harris answered.
“There is nothing we can do about it,” Crow reiterated.
• Approved a request from Chad Clark Timber, Inc. to exceed the maximum posted weight limit while hauling timber on county roads 129, 212, 222 and 211. Chad Clark Timber has a bond posted with the county to cover any damages to the county road while hauling the timber.
• Approved a request from Harrison Logging, Inc. to exceed the maximum posted weight limit while hauling timber on county roads 152, 232 and 211. Harrison Logging also has a bond posted with the county to cover any damages to the county road while hauling the timber.
• Approved a second request from Harrison Logging, Inc. to exceed the maximum posted weight limit while hauling timber on county roads 227, 211 and 221.
