Fiscal Court votes to down debated tree near Slaughters

by Matt Hughes

J-E News Editor

A tree that Magistrate Chad Townsend estimates to be several hundred years old has been a hot spot of debate in the Slaughters area and in Fiscal Court for the last several months. The Webster County Fiscal Court voted on Monday that it was time for the tree to come down.

Issues with the tree first came to light during a June court meeting when the magistrates were discussing summer paving projects. Several magistrates reported at that time that there were also quite a few dead limbs that hung out over the road.

In July, Judge Executive Jim Townsend had Jailer Terry Elder dispatch a road crew to trim the tree back, but they were not able to remove all of the dead limbs.

“There was one limb that was so high we couldn’t reach it from the truck,” said Townsend. “It’s way up there. That limb definitely has to come down.”

“You’d have to take out part of the tree to get that limb out,” added Elder.

The county has discussed removal of the tree with the property owner on numerous occasions, but they have held firm that they didn’t want it cut down. Other area residents, however, feel differently.

“Some people in that area want that tree removed,” said Magistrate Jerry “Poogie” Brown. “I’m not going to argue that it doesn’t need to go. You’ve seen it. It’s in the road.

“I don’t know what I can do to get it removed, but that tree needs to be removed.”

Brown made a motion to cut the tree down, which was seconded by Chad Townsend. Only magistrate Tony Felker voiced some concern with it.

“I’ve heard rumors that we’ve kept scooting the road over that way over a period of years,” Felker said. He asked County Attorney Clint Prow if he could define what the law considered ‘right of way.’

Right of way has been the big issue since the tree was first discussed. If the tree falls in the county’s right of way, it is not only within the county’s right to cut the tree down, it also becomes something of a necessity. If a car was to strike the tree, or if a limb was to fall on a vehicle, the county and not the property owner could be held liable for the injuries and damages.

“My understanding is that the right of way is fifteen feet from the center point of the road,” Prow said.

The magistrates voted 3-0 to begin removal of the tree, which will most likely have to come down in pieces.

In other business, the fiscal court reviewed bids for repair of the Blackford Bridge.

Only two companies entered bids. Brown Construction was the lowest at $47,500 with L.T. Black only slightly higher at $48,750.

After a few questions were raised by one of the contractors about the specifics of the job, the court voted to table the decision until the first Fiscal Court meeting in October.

Also up for discussion again was the future of the new Webster County dog pound. The court has all of the money for the project, but currently they don’t have a location.

Having only received letters of interest from one property owner, the court voted to advertise again. They are looking for between two and five acres in the Dixon area, so they can use inmates from the Webster County jail at the pound.

For the second time several residents were on hand to argue against building the facility on Highway 630. But unless the county finds an alternative location, that lot will be where the facility will have to go.

The court will also be seeking bids for a new pull behind mower.

“We need to bid for a mower for the road department,” Judge Townsend said. “We’re spending a great deal of money just replacing bearings. We’ve had a lot of problems with out mowers this year, which is part of the reason we’ve been behind.”

The court will seek bids for mowers, but they are specifically looking for one that will allow them to mow further back from the roadsides. This will require the capability to mow at sharper angels, and to cut down small trees.