Road project may not be what county expected

Improvements will be made to Maple Road in the near future, but the work may not include all the Bourbon County Commissioners had hoped for.

On Monday, the commissioners and Public Works Director Jim Harris discussed an email they received last week about the project from Frank Young, engineer of Agricultural Engineering Associates of Uniontown.

The county has been awarded a $350,000 High Risk Rural Road grant to make improvements on Maple Road/Humbolt Street.

The county will pay $35,000, which is 10 percent of the grant.

According to the paperwork provided by Young, there are some discrepancies with the original plan and what is showing on the state's plan.

Originally, the project was for 1.1 mile of Maple Road/Humbolt Street from National Avenue to 205th Street. Humbolt Street begins in Fort Scott at National Avenue, then becomes Maple Road at the city limits.

A site survey conducted in May 2014 by TransSystems Corporation is for Maple Road beginning at 205th and ending at the city limits. Harris said there is about a half-mile, Humbolt Street, that is not included in the state's plan.

The state's plan is to widen the Maple Road from 22 feet to 30 feet, which will require grading and culvert work. However, the original plan shows the road will remain at 22 feet wide, "which may be required if costs are to be kept within limits," Young states in his letter.

However, he also states the parameters can be modified if it remains within the budget, or the county can pay the additional costs or request additional funding from KDOT, "which is not likely to be approved due to budget shortfalls."

Young suggested in order to stretch the expense of asphalt, instead of replacing the asphalt, an overlay could be done.

There also is the issue of meeting the mid-March deadline for the project letting.

Harris said Young has spoken with a KDOT representative.

"They haven't even released a contract for us to sign yet," Harris said. "Frank's trying to get a copy of that. KDOT is putting a time frame on this to get the work done and they don't have their paperwork done."

Harris said there should be a contract ready for Young's review in a couple of weeks.

"I'm confused on one thing," Albright said. "It's only going to be a project for Bourbon County for sure, or is it still open to our friends at the city?"

"According to Frank Young, there's no money set aside for the friends at the city," Harris said.

He said according to one email he's seen, the city will have to reapply for the portion of the project that is Humbolt Street.

"It will just come down to if the city wants to participate in the overlay," Harris said.

He said he hasn't spoken with the city about what the overlay would cost, but he knew former commissioner Allen Warren had discussed the project with the city.

"I was under the impression it could possibly be a joint project," Albright said.

Harris suggested looking at the contract when it arrives to see what portion of the project the county will be able to do itself. If the county is allowed to do the asphalt work instead of contracting it out, that would reduce the cost and allow the project to include more road.

Albright suggested meeting with city officials.

"It needs to be (done) National (Avenue) on west," Harris said. "We just have to figure out how to do it."

He offered to join a commissioner in a meeting with Fort Scott City Administrator Dave Martin. The commissioners voted to have Albright and Harris meet with Martin and other city officials.

Later, Third District Commissioner Harold Coleman said the county already has the expense of engineering services, so he wouldn't mind the county "eating" that portion of the project if the city gets involved.

"It's a shame not to do the whole thing," Coleman said.

Gate on public road

The county has not taken any formal action against a landowner who has placed a locked gate across a county road. Instead, it was suggested Oharah speak to the landowner before getting the county attorney's office involved.

The suggestion came during a meeting with County Attorney Terri Johnson and Assistant County Attorney Justin Meeks. Oharah said he thought Meeks was drafting a letter to the resident.

Johnson said the commissioner representing the district where the gate is located needs to speak to the gate owner before getting the county attorney's office involved.

"Typically, our letter would be, if you don't do this we're going to do something to you," Johnson said. "You might consider that. It's your option."

She said the commissioners could send a letter to notify the gate owner the road is an open road.

"I'm a firm believer in doing the least," Johnson said. "If you can get an agreement by talking."

Oharah said he hasn't spoken to the individual who placed the gate across 45th Street, but he has had another resident calling to ask the status of the road. He agreed to call the gate owner to inform him the road is an officially open road.

Johnson said if speaking to the gate owner doesn't work, then the commissioners can consider another option.

"If he takes the gate down, we're all good," Johnson said. "If he doesn't take the gate down, then we'll have to escalate."

Commissioners voted to have Oharah speak to the gate owner.

Earlier in the meeting, Oharah said since the road is not a closed road, it needs to be graded and graveled -- after the gate is removed.

Old landfill property

The sale of county property located along U.S. 69 between U.S. 54 and Native Road is on hold until it can be determined if it can separated from adjoining property.

On Dec. 29, the commissioners voted to sell the 23.8 acres to Wall Street Properties. Since then, Charles Bowers, professional environmental engineer with the Kansas Department of Health and Environment, met with the commissioners to determine if the property can be sold as agreed.

The property is an old landfill and the county holds the permit to test the site.

On Jan. 16, Bowers said according to Kansas State Statute 65-3409, it is unlawful to divide a solid waste area. According to an aerial map, Bowers said it appears a portion of the original landfill belongs to the city of Fort Scott. Meeks was asked to speak with the city about its plans for the property. Bowers said transferring the county's property to Wall Street Properties would be "cleaner" if it was all one parcel.

On Monday, Meeks said he met with the city, which is on hold with the sale of its portion of the land.

"At this point we're kind of in a holding pattern," Meeks said.

He said because of the land's liability, nobody else is going to want to buy the property. Because of the environmental health issues, the state won't allow a structure to be built on the site. Wall Street Properties intends to use the land as a recreational site, possibly a zip line from the old grain elevators near Wall Street to Native Road.

Meeks said the city is in "a lot of negotiations" right now regarding property along the area. He said when the time comes for the property to be sold, the city has no issues with making the entire property one parcel in order to comply with KDHE.

Executive sessions

Commissioners held two executive sessions Monday. A 20-minute session was held with Harris. A five-minute session was held with Johnson and Meeks. Both were to discuss non-elected personnel to protect their privacy. No action was taken after either session.