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Ball starts rolling to change county's culvert policy
After meeting with a resident about the bill he received for a culvert installation, the commissioners on Friday agreed it is time to take a firm look at their culvert policy.
Commissioners agreed to contact Holly Powers, engineer with Schafer, Kline and Warren, to determine how the county's policy on allowing private contractors to install culverts might be changed.
In 2013, the county contracted with the firm to assist in writing county regulations.
Marvin Williams attended the meeting with a copy of a bill from the county for installation of a culvert at his son's residence.
"You guys charged $647.50 to put that whistle in there," Williams said. "It's basically the same charge I probably could have gotten a private contractor to do it for."
He said he doesn't have any issue with paying for the culvert, but his objection is the county charging for use of county equipment and labor that taxpayers already pay for. He said if he had the option to use a private contractor, he might be able to negotiate and get the work done at a lower cost.
"Doesn't that kind of make you guys a monopoly, being as how you don't allow private contractors to do it and charge the same price?" Williams asked.
Albright said the reason the county's policy was put in place was because of the liability issue. Third District Commissioner Harold Coleman said the culvert becomes the county's property as soon as it is installed in the county's right-of-way.
Williams continued his argument by stating the county is charging the same price for rock as what an individual would pay if they went to the quarry. However, Coleman said that's not true. Because the county owns its own quarry, the cost of rock is from $3 to $4 per ton cheaper, Coleman said. The county cannot sell rock from its quarry to individuals, Public Works Director Jim Harris said.
"The reason we put (the policy) that way is because, like I said, it becomes our property," Coleman said. "That way we know who installed it, and we know that you're getting new (culvert), nobody's throwing in an old one."
Williams also pointed out the county had charged 8.65 percent sales tax for the work, which is the tax rate charged in Fort Scott. The county's sales tax is 7.15. Williams said in Kansas, sales tax should be charged based on the point of sale.
The commissioners agreed the wrong sales tax had been charged and agreed to change the bill accordingly.
"You're point is well taken, and your other point is well taken," Commission Chair Barbara Albright said. "We have discussed that, and discussed that and discussed that."
The discussion on allowing private contractors to install culverts has occurred many times during the past year, mostly with Kevin "Skitch" Allen, a private contractor.
After multiple meetings with Allen, commissioners met with Powers in June 2014. At that time, Powers said she would not be afraid to allow private contractors to install culverts, but she would be wary of allowing individuals to do the work due to the liability issue. She said if there was a wreck involving a culvert, the county would have a difficult time proving who had installed the culvert. Then Commission Chairman Allen Warren suggested the county could charge a $50 permit fee and an additional $50 inspection fee, but no action was taken on his idea.
In January, the commissioners discussed allowing licensed and bonded contractors to install culverts and requiring an inspection.
On Friday, Harris said he has no problem with doing the inspection, as long as he has a 24-hour notice.
Williams said he would like the county return to its original policy of requiring the property owner to purchase the culvert, while the county provides the labor and the rock.
Harris the majority of culverts installed are replacements.
"My recommendation would be to develop some guidelines and regulations that would tell the contractor what type of culvert they have to put in and an initial inspection from us on what size he has to put in," Harris said. "Doing that and following the guidelines with a good inspection system, I recommend we let the contractors go in."
He also recommended the contractors be licensed and bonded. Coleman also recommended if a contractor is already licensed and bonded to install septic systems, the county should not charge another fee.
Albright said she would contact Powers.
Jail bond
The commissioners opened the only sealed request for proposal from a property owner interested in selling their property for the proposed new jail.
Because the county received only one request, the commissioners and Sheriff Bill Martin agreed to allow others more time to present their property as a possible site.
The proposal received is four acres on the east side of Clark Street near Five Corners for $94,998.32.
Martin's concern is that the property is not large enough to allow for future expansion.
"We do not need to be landlocked again," he said.
He reminded the commissioners that Architect Larry Goldberg, of Goldberg Group Architects PC of St. Joseph, Mo., recommended not building near churches, cemeteries, schools, industries that may emit toxic smoke or railroad tracks.
The proposal will be sent to Goldberg for review.