County agrees to in-kind contribution for ballpark

After lengthy discussion and debate, the Bourbon County Commissioners voted Friday to waive permit fees and provide an in-kind contribution to the City of Fort Scott for culvert work at the LaRoche Baseball Complex under construction at the industrial park southeast of Fort Scott.

The vote was not unanimous. Third District commissioner Harold Coleman and Second District Commissioner Barbara Albright voted in favor of the motion. Commission Chairman Allen Warren voted against waiving all fees.

Fort Scott City Manager Dave Martin attended the meeting to requested the county waiver and in-kind contribution.

The city and USD 234 school district are sharing the project with Adam LaRoche, Fort Scott High School graduate and major league baseball player.

"You guys have given us gravel and been great to work with on other projects," Martin said. "I really do like how the city and county work together."

Martin said according to the inter-local agreement for the project, the city is responsible for the site work and infrastructure, estimated at $50,000. LaRoche, who is paying $2 million for the project, has asked that the culverts on the east side of the property be filled in so there is no ditch, which would make for easier mowing. Martin said he agrees with the idea, and LaRoche will pay for irrigation of the area.

Congresswoman Lynn Jenkins and Kan. Senator Jake LaTurner have had discussions with the Kansas Department of Transportation, which also is working with the city to create a new entrance to the area. Martin said he will be meeting with KDOT officials within the next week or two to discuss the entrance, which will be at the Fort Scott Community College Truck Driving School. Martin said the plan is to create a turn lane and eventually there would be an entrance and exit to the Industrial Park.

"Originally KDOT said that was on us, but Jenkins and LaTurner met with KDOT last week and they're talking about some other issues," Martin said.

Martin said the city has budgeted for materials for its share of the ballpark work.

"I do know you have a resolution. I support that and understand it," Martin said.

He said the city is paying for the culverts and other materials.

He said the amount of pipe may be cut down to half of what was originally planned. The amount budgeted for the pipe was $15,000, but Martin said he doesn't think the cost will be that high.

"Whatever application fees, backhoe, labor, if you guys could give that as in-kind work, I would appreciate it," Martin said.

The county's resolution states that a permit fee will be required for all culvert work, which is done by the county.

"I would like to ask, would you guys jointly work with us on this and I think we can keep the labor costs down?" Martin said. "With all of us working together we can make it work and still live within the resolution."

Martin said the work needs to be done soon because the city needs to start the water and sewer portion. The sewer line will be run beneath the culverts.

He said the county is already working with the city on the project by providing gravel.

The county would be kicking in an in-kind contribution worth about $5,000, but later Third District Commissioner Harold Coleman said he figured the county's contribution would be less.

Martin asked if the city could assist with the labor, but County Commission Chairman Allen Warren said it has to be done by the county.

"It's a resolution," Warren said. "These costs I've come up with are the same as what we would charge anybody in the county. What it comes down to is being consistent."

Martin said the city provides in-kind work to taxing entities, such as FSCC.

"It's tax dollars versus tax dollars," Martin said. "And it is a community project. It's not a business. We're doing it for the community."

Warren said cutting the amount of pipe down to almost half would help pay for the required costs to the county.

"I just don't agree with paying city tax dollars to other taxing entities. That's what I'm here for," Martin said. "We can use that money in other areas, believe me."

While LaRoche is paying $2 million to build the complex, but the infrastructure is being paid for by the city. Martin said the city and USD 234 will be splitting expenses for the park for many years to come.

"You're asking us to contribute when we've got plenty of places in our county that are not getting done," Warren said.

In response to a question from Second District Commissioner Barbara Albright, Martin said at this point he doesn't foresee making any additional requests for assistance from the county.

"You guys are going to help with gravel," Martin said. "But you never know. There may be something drastic out there that needs something done. As far as I know, this is it."

Albright asked if there is enough in the 2014 budget to cover the expenses incurred by the county, and whether it would come out of the roads and bridges fund. Warren said that would have to be a commissioners' decision.

"We do help the city in other ways," Warren said. "I don't think this is the right place because there is a resolution in place. You better pull your resolution if you're going to do this."

"This is a joint project," Martin said.

"It's not a joint project with the county," Warren said.

"Are we considered a partner here?" Albright asked.

"Yeah," Martin said. "It's a community project."

He said the county is already involved by providing gravel, and Warren said the county also is responsible for the roads.

Martin said he thinks the community would support the county commissioners if they chose to waive the permit fees and other costs to the city. He also said the city would do everything to keep costs down and Bourbon County Public Works Directors Jim Harris and Fort Scott Street, Traffic Supervisor Chad Brown will have to get together to determine how much culvert will be required.

When discussing whether the county would be going against its own resolution if the commissioners agreed to provide the work as an in-kind contribution, Martin argued the county would be assisting another taxing entity.

"We should do the same thing with Bronson and Uniontown," Warren said.

"If you have a community project, I would hope you would," Martin said. "That's economic development."

Warren said the county charges the city for asphalt, and should because the asphalt could be used in the county.

"I don't think you're going to get a whole lot of people saying we should be giving you this kind of money," Warren said.

"I feel differently than the way you're approaching things, but that's just my opinion," Martin said. "But when we're done here and you vote no, I'll leave and we're all gonna play in the same sandbox together. I respect you guys and I respect your job."

Martin said the city attorney's opinion is the county would not be going against its resolution, but he suggested the commissioners check with their attorney.

"But I would hope if you have an economic development project in Bronson, or wherever, you would step up to help," Martin said.

After a pause, Coleman spoke before making his motion.

"I feel somebody's pulling on my ears both ways," Coleman said. "I believe in that project. I want to see that develop."

He tapped the desk with his fingers, then rose from his chair.

"I hate to go against our own resolution and I hope it don't open it up if we do go against this, I hope it don't open it up with private contractors or somebody will throw it back in our face."

"I think contractors will support this," Martin said.

"And I'm not trying to be narrow-minded, Dave. I hope you understand this," Coleman said. "I'm not trying to be lop-sided. Dang it."

Albright said she believes the county will benefit from the project economically. Coleman agreed, saying the ballpark will draw many people to the area and spend money on gas and concession.

"I want to be a part of it and I don't want to be a pain in the backside," Coleman said. "I'm going .... dang ... I'm going to make a motion that we do the in-kind work and we waive what I figured to be $2,260, we can work that out later on in the future if the city and county can't get along, then we're in a real problem. If we can't work together -- I don't know, but I make the motion."

Albright provided the second, then asked how the decision would affect the county's end-of-the-year budget. Commissioners said funds set aside in the county's parks and recreation fund are earmarked for shelter house repairs at Elm Creek Lake.

"When we set our resolution, we all three sat here and said that's the way we ought to go for this county to improve the process," Warren said.

He reminded the other two commissioners that Kevin "Skitch" Allen asked for fees to be eliminated as an economic development measure for private contractors.

"I think that you set yourself up to be asked to waive for anybody that comes along," Warren said, using a farmer who spends money in the county as an example.

"I think I see us waiving this because we're part of this project," Albright said. "I'm glad to know we're part of it. I had never officially heard that."

Warren agreed that this was the first time he'd heard the county was a partner in the project and Martin said he takes the blame for not communicating with the county, even though the county has given gravel and assisted with culverts, and apologized.

Warren said Martin spoke publicly one time about the work the city had done at the Riverfront Park, but did not mention the work the county also did on the project.

"You need to include your partners when you're talking about these projects," Warren said.

"I work very hard at doing that, Mr. Warren, so if you're questioning my integrity and making sure the community knows who all's doing the work, I apologize if I left the county out," Martin said. "So let's not make this personal, let's do it for the community."

He said the county has been great to work with on numerous projects, and apologized again.

"If you want to vote for it yes, if you want to vote no, let's just move on," Martin said.

Warren said he supports the project and thinks it's "wonderful for the community."

"My issue is we've got this resolution and we should hold to it, or else change the resolution," Warren said.

Coleman said he doesn't believe the resolution needs to change, but the issue should be reviewed by the commissioners' legal counsel. However, Warren said a decision should be made soon so the project can keep moving.

After the vote, Martin thanked the commissioners and promised to have better communication with them.