Logging ordinance discussed, jail budget problematic

PRESCOTT  – Nevada County’s ordinance on logging will be modified to be more industry specific and detail the penalties for loggers tearing up county roads.

This decision was made at the July meeting of the Nevada County Quorum Court Tuesday. In fact, most of the meeting was the discussion on what to do about the problem of logging companies coming in, tearing up county roads and leaving the county to pay for repairing them.

The county has an ordinance on the book concerning this, but it hasn’t been enforced since being approved in 1997. Justice of the Peace Pat Grimes said the existing ordinance would work, with some changes, and needs to include the Nevada County Sheriff’s Office will serve notice on the violators.

Ben Hale, deputy prosecuting attorney for the 8th Judicial District North, said there are several ways someone can be notified of criminal charges, and the ordinance can be changed to protect the NCSO and county. The way this could be done, he told the court, is via affidavits filed by county residents who see loggers damaging the county roads and calling the information in. This would give the county the option of prosecuting the logging company without the NCSO having to arrest anyone.

JP Bob Cummings said the loggers he’s talked to have said if the county requires a bond, they’ll let the bond stand for any damages done and let the county make the repairs.

Nevada County Judge Mark Glass said someone will have to be designated to check the county roads and complaints on a daily basis.

It was agreed most logging companies aren’t the problem, but there are some that basically come to the county when they can’t work elsewhere due to weather, do their cutting and leave the roads in poor condition. It was said there have been times when the logging crews had to use skidders to literally push loaded trucks out of the muddy areas in roads, and times when school buses got stuck because of damage done to county roads by logging crews.

Stacy Stone, the county agent, asked how the fuel tax the county receives is being used when it comes to county roads. Glass said the tax only generates around $21,000 a month, which doesn’t go far when it comes to the cost of gravel and rock.

There was some discussion of companies having to pay bonds when they apply for permits. Nevada County Treasurer Susie Key said this would turn into a nightmare when the county had to refund bonds to companies that repaired roads themselves. The idea of bonds was quashed. However, the court talked about a non-refundable fee for permits, something like $50 per permit, which would mean companies would need permits for every tract of land they work on.

JP Chris Fore pointed out the current ordinance doesn’t specify logging trucks, but commercial vehicles damaging county roads, adding there are a lot of Tyson trucks going up and down the county roads.

Hale said he can make the ordinance industry specific to logging and timber, though this isn’t to target them, but only to protect the county roads. The court agreed and a new ordinance should be presented at the court’s August meeting.

In other business, it was pointed out the county’s budget looks good, except for the jail. Key said the jail is about to go into the red as when payroll is made it will be for $23,000, though the department only brought in $13,000.

Cummings said the problem is how few inmates are being housed in the jail. At this time, he told the court, only 26-29 are “paying inmates”, which doesn’t bring in much. This, he added, is due to the virus situation.

Glass agreed saying he doesn’t have an answer as the original budget was based on the jail housing 40-50 inmates daily.

Cummings said the county may be able to get more inmates from the state, but only after they’ve been quarantined for 14 days before being transferred. The problem, he continued, is there isn’t anywhere to properly quarantine them.

JP Dennis Pruitt asked if the county couldn’t reduce staff, thereby cutting payroll, because there are fewer prisoners. He was told the jail isn’t at full staff now.

It was agreed to hold a special meeting Tuesday at 10 a.m. with Nevada County Sheriff Danny Martin on the issue.

The court appropriated $9,500 to the Nevada County Coroner’s budget, moving the funds from county general. This was done because of the increased need for personal protective equipment because of COVID-19. The court was told when someone is suspected of dying from the virus, the body has to be double-bagged.

It also approved spending $22,000 to purchase a four-wheel drive truck for the county’s 911 department, with the money coming from the 911 account. The truck is to be used by 911 Coordinator Dale Booker, who’s been using his personal vehicle and getting paid mileage.

As the meeting drew to an end, Key announced she will be retiring early and plans to leave on Oct. 1. She asked the court to appoint Lisa Loe to replace her for the remainder of her term. She said Loe won’t be able to run for the position in two years if she’s appointed. Key also asked the court to hire a replacement for Loe’s current post.

Loe, Key told the court, has been with the treasurer’s office for 17 years and will be taught the computer side of the operation. Loe currently keeps a physical set of books, and will be teaching her replacement how to maintain them.

The court agreed to name Loe acting treasurer and hire someone as her deputy.

Before the meeting ended, Pruitt asked if there wasn’t some way part of the solid waste fee can’t be used to provide trash bags to county residents. Glass said he’ll look into it, but this is something for the future. He added, if it’s possible he’d like to provide county residents with garbage cans like Prescott recently did.

Glass reminded the court he’d asked for permission to buy a spare trash truck. The one he’d mentioned previously, he said, had problems and wouldn’t be worth buying, but he’d found a 2013 White Freightliner with low mileage the county could get for $49,500, with this cost  reduced to $39,500 as the county would get $10,000 trade in on its  current ‘spare’ truck. The court agreed. The truck will be purchased with money from the trash fee.

The trash fee account has more than $70,000 in it at this time.

Hale updated the county on the Nubbin Hill bridge project, saying the county is waiting on the redesign of the bridge, adding it will cost roughly $11,500 to relocate the water lines on the east side, with $7,500 of this being to bore under the creek. However, he said, the city’s easements don’t cover everywhere the lines need to go and permission from landowners will be needed, or the county will have to invoke eminent domain. He added he’ll have more information for the August meeting.