INDEPENDENCE — County commissioners Monday cleaned up language in its recent decision to close county road 5800 north of Cherryvale.
Two weeks ago, commissioners agreed to close county road 5800 between U.S. 169 highway and the Montgomery County/Labette County line at the request of Watco, Inc., the parent company of the South Kansas and Oklahoma Railroad. Watco was seeking the vacation of county road 5800 to make room for the SKO Railroad’s switch yard, which is now located in middle of the Cherryvale business district.
However, legal documents prepared and read at a road viewing at county road 5800 indicate a plan to “vacate” county road 5800. County commissioners voted to “close” that road.
So, what’s the difference?
Plenty, said Robbert Bever, public works director.
Bever explained that vacating a road allows the road to revert to the adjacent property owners. Closing a road merely prohibits traffic from entering the road, which would still be under Montgomery County’s control and maintenance.
Bever recommended that the original motion be amended to include the word “vacate” instead of “close.”
Commissioners agreed with the recommendation.
Bever said that by vacating the road, the county would be lessening its legal liability. Any legal dispute after the road is vacated would not involve Montgomery County and would involve only the property owners who assume ownership of the vacated road area, he said.
On a related note, commissioners agreed to withdraw Watco’s original application to close county road 6000. Commissioners read a letter from Watco officials declaring their intent to not pursue the closure of county road 6000 because of the commission’s decision to vacate county road 5800.
“That puts that issue to rest,” said county commission chairman Tony Fowler, noting that Watco originally sought the vacation of county road 6000. The request to delay the a vote on vacating county road 6000 came when Watco, under pressure from area residents, sought to vacate county road 5800 as an alternative sight for its rail switch yard.
In other business transacted at Monday’s commission meeting, commissioners:
• agreed to spend $1,500 to replace a motor in a sheriff’s department patrol ca that recently become inoperable. The motor will be purchased and installed by Joe Watts Auto of Vinita, Okla.
• met in executive session, which is closed to the public and press, for 15 minutes with Shawn Wallis, human resources director. After the closed-door session, commission chairman Tony Fowler directed Wallis to consult with county counselor Paul Kritz concerning an unnamed personnel matter.
• voted unanimously to eliminate the position of GIS (Geographical Information Systems) technician — a position that serves in the courthouse computer department. A GIS steering committee made the recommendation to eliminate the position. The elimination was made effective at noon Monday.
• heard a budget request from Class LTD., which provides services to mentally handicapped individuals in Montgomery and Cherokee counties. Jan Bolin, Classs LTD., director, said mental health services in Kansas are anticipating a 35 percent reduction in state assistance, thereby putting a stronger need for counties to increase their contribution to local mental health programs.
To deal with the state revenue cuts, mental health service employee salaries have been frozen, and employees are now having to pay a larger portion of their health insurance, Bolin said.
