By Tammy Helm
Fort Scott Tribune – September 30, 2013
The Bourbon County Commissioners continue to grapple with which entity is responsible for repairing a hole in the Garland Fire District’s driveway that may lead to an extensive repair of a storm water drain system.
On Friday, Second District Commissioner Barbara Albright said she went to look at the driveway and also spoke to a representative from the Southeast Kansas Planning Commission about grant possibilities for the work.
On Monday, Road and Bridge Coordinator Jim Harris showed photographs of the damaged area and said repairs could be as simple as filling the hole with rock. On the other hand, the hole is next to a grate where storm water runs into a steel pipe. There is a wall between the hole and the pipe, which Harris said could cave in as soon as the hole is disturbed.
On Monday, the consensus of the commissioners was that the storm water drain system was not the county’s responsibility, nor is the fire district’s driveway. At that time, Albright suggested the fire district could look into obtaining a grant from the SEK Planning Commission. Later, she said grants are available for storm water systems.
“It takes quite a bit of time and money to start the grant process,” Albright said Friday.
She said the first step is to hire an engineer who can determine what the project will entail and the cost.
Albright asked whether Eagle Road, which runs through Garland and past the fire station, is the county’s road since Garland is not incorporated. The drainage system runs along the edge of the road, Albright said.
“So if I live out in the county and there’s an issue with my driveway, is that the township’s responsibility or the county’s responsibility?” County Attorney Terri Johnson asked.
“If you’re out in the county, we would have put that whistle in, and whenever we do that, you make the initial payment and we provide the gravel, do the work and maintain that forever,” Commission Chairman Allen Warren said. “We didn’t do anything here. We didn’t put in that drain system. The bottom line is, who’s responsible? Who’s paying for the engineer? Who put in the pipe?”
Albright said she wonders why the county can’t have an engineer look at the site.
“And I think you’re starting to get us involved,” Warren said.
“Hypothetically, let’s say there is an issue with the water system. Who does it?” Albright asked. “The township? The county?”
“My question is, who’s going to pay for it?” Warren asked. “I don’t know that answer.”
He also said he wonders if the drain system was installed to assist the fire district.
Commissioners also discussed whether the fire district has an optional route for getting the tanker out of the building. Johnson said the district needs to block the entrance because of liability issues with the hole.
Albright said she would like to have an engineer spend a half hour looking at the site.
“Just an eyeball,” Albright said. “Not a study. Just look at it.”
Johnson said the commissioners need to “step away from this situation” and decide what their standard is for such issues.
“I’m OK with an engineer and limit the engineer to 30 minutes,” Warren said. “You’re going to get what you pay for.”
He added that the commissioners will have the final say on the engineer’s report.
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