Thursday, Oct. 26, 2006

Lecompton Bridge standstill over

by Kenneth Lassiter

It appears that, after all the contention between Jefferson and Douglas counties over the Lecompton Bridge deck replacement project, Douglas County will get its way and close the bridge during the repairs slated for 2007.

But they won’t be getting Jefferson County’s nearly 11 percent share of the funding. In a flurry of action last week, Jefferson County commissioners Oct. 16 offered full control of the project to Douglas County with the caveat that Jefferson County wouldn’t provide its share of the funding.

The commission received a response from Douglas County Oct. 19 and rapidly called a special meeting for noon that day, at which Jefferson County commissioners crafted a response of their own.

Under the maintenance agreement on the bridge, which spans the Kansas River across the county line, Douglas County was to pay roughly 89 percent of the project costs with Jefferson County providing the remaining 11 percent.

Disagreement on the project has revolved around whether the bridge will stay open to one lane or be completely closed during the project. Jefferson County commissioners, who supported keeping a lane open for use of local traffic during the project, had asked KDOT for a mediation hearing on the project.

Douglas County had opposed such a hearing but has dropped that opposition. In a letter to KDOT Secretary of Transportation Deb Miller dated Oct. 12, Douglas County, via county counselor Evan Ice, stated its intention to drop opposition to a mediation hearing but not without some understandings.

The main point Douglas County has raised in its defense of closing the bridge has been the fact that even if one lane is left open, the bridge would need to be completely closed for an estimated 60 days with those days coming on “little or no advance notice to the public.”

With the estimated cost for the project rising to $4 million with partial closure from $3.3 million for total closure, Douglas County asked that KDOT require Jefferson County to pay the $700,000 difference between the project costs in exchange for having its way.

Ice pointed out KDOT can change the percentages paid by each county from the expected 89/11 percent split that is based on assessed valuations of the counties.

“Douglas County respects Jefferson County’s decision in this matter and its desire to protect its taxpayers in a manner it determines appropriate,” Ice stated. “Douglas County, however, objects to being forced to pay additional monies on the construction project based upon that policy decision. In no way is it just and equitable to require Douglas County to pay almost 90 percent of the increased costs for a bridge repair method that it opposes. In other words, Jefferson County’s policy decision should not cost Douglas County’s taxpayers $630,000.”

Douglas County termed partial closure of the bridge to make the project “less efficient” and “more dangerous” that would lead to a “lower quality bridge.” At a June meeting between the counties, at which numerous Perry and Lecompton residents and business owners spoke in support of keeping it open, engineers stated partial closure would lead to some maintenance issues because of a joint that would run down the center of the bridge, but said the overall lifespan would remain close to the same.

“If the Jefferson County Commission determines that its taxpayers are best served by a more expensive construction procedure, Jefferson County should pay 100 percent of the increased costs,” Ice stated. “The Douglas County Commission is not willing to pay, and has no intention of paying, the increased costs of an inferior construction method, let alone paying almost 90 percent of the increased costs. (This next sentence is underlined in the letter) Therefore, if you undertake this matter and decide to require that the bridge remain partially open during repairs, Douglas County expects that you will allocate to Jefferson County all increased costs resulting from such a decision, which the engineers estimate to be approximately $700,000....Although such an allocation will still result in a less efficient and more dangerous construction procedure, and will ultimately lead to a bridge of lower quality, it will leave Douglas County and its taxpayers paying the same amount Douglas County would pay under its chosen option.”

The counties were supposed to submit written statements on their positions in the matter to KDOT by Oct. 27 and a mediation hearing was set to take place between Oct. 30 and Nov. 3.

Ice’s Oct. 12 letter led to Jefferson County responding via county counselor Mike Hayes Oct. 16 that offered Douglas County full control of the project as long as it was understood Jefferson County would not contribute funding. Jefferson County agreed to allow Douglas County to perform any work on the bridge that would be in Jefferson County and the use of county road and bridge personnel and signage to help with traffic control issues.

In a letter from Douglas County commissioners dated Oct. 18, that commission responds to “confirm and clarify a few items.” Douglas County states its agreement to pay all the project costs is conditioned upon bids coming in “close to or less than” the engineer’s estimate.

Douglas County also addresses the question of incentive payments, as that commission has stated if it assumes the full financial burden of the project no money will be left for incentives to get the project done faster than the estimated 140-day timeline.

“If Douglas County pays all of the costs of the project, however, Douglas County will have exhausted its budget for the project and will be unable to offer any financial incentives. As such, Douglas County requests that Jefferson County consider providing funds, which it has already appropriated and budgeted for the reconstruction project, to offer incentive payments to reopen the bridge early and/or to mitigate the adverse impacts of the reconstruction project.”

The Douglas County commissioners go on to state in the letter that it is expected Jefferson County would still participate in the cost of repainting the bridge as is needed once the deck replacement is complete.

The commission asks for a return of the copy of the letter with the Jefferson County commissioners’ signatures included and states Douglas County would, upon receipt of the letter, write to KDOT to call off the mediation hearing.

Jefferson County commissioners met at noon Oct. 12 to talk about the letter. Two 30-minute executive sessions with county counselors Mike Hayes and Jan Hayes resulted in the decision to respond to Douglas County via another letter and also make a press release on the matter.

Commissioners met with both Mike and Jan Hayes for another half-hour to discuss the matter on the telephone with county bond counsel Bob Perry. Commissioners had agreed to issue bonds to cover their 11 percent of the project costs and that matter was discussed with Perry.

After that executive session ended at close to 1:45 p.m., commissioners emerged into open session to approve and sign a letter to Douglas County. The letter, which was signed by all three commissioners, starts by echoing Douglas County’s comments appreciating the willingness to work toward a “mutually acceptable” arrangement in the matter.

It goes on to restate the points of Douglas County’s Oct. 18 letter as a way to confirm them. After restating Douglas County’s stance on incentives, the Jefferson County letter has a one-sentence reply.

“Jefferson County cannot and will not contribute any funds for an incentive package,” the commission states. Jefferson County does, however, agree to participate in the costs of repainting the bridge once the deck replacement project is finished.

Jefferson County commissioners then ask their Douglas County counterparts to sign the letter and return it as an agreement before Jefferson County sends a letter to KDOT to call off mediation. In the accompanying press release, the county restates its concerns about the project but acknowledges Douglas County’s right to take over full control of the project.

“There is no statute preventing Douglas County from taking over the bridge project,” the commission states in the press release. “Therefore, Jefferson County cannot and will not challenge the Douglas County commissioners’ decision to take over the bridge project. Jefferson County’s concern has always been for the elderly citizens, the young children, the businesses and the safety of the individuals using the bridge. The bridge project will cause an immense economic hardship on the citizens of Lecompton, the citizens of Perry, the school patrons and administration.”