BY ANDY TAYLOR
chronicle@taylornews.org

CHERRYVALE — Cherryvale city councilors voted Monday to grant a 14-day extension to a Coffeyville-based contractor to complete a water system improvement project in the city.

However, the council’s decision also included the flared temper from one city councilor who left the meeting.

Councilor Lew Forman, who is a backhoe and ditch contractor by profession, had pointed questions for Jake Houck Construction, the contractor hired to replace water lines and water meters in the community. Houck, who was present at the meeting, asked for 18 additional days to complete the water system project after being delayed by wintry weather conditions during the winter months. Houck’s contract with the city called for 120 days to complete the project. The contract was to have ended on March 20, but the firm was granted a two-week extension by TranSystems, Inc., an Independence-based engineering firm, and the Kansas Department of Health and Environment. The two-week extension was to have ended on Monday, April 5. The extension was granted after Jake Houck Construction claimed lack of productivity due to inclement weather during the winter.

Forman said “he was sick and tired” of hearing that bad weather as the reason for the construction firm to not complete the project in the allotted time.

He suggested that Jack Houck Construction could have purchased “a $100 tent and a portable heater from Walmart” so that construction crews could replace water meters in inclement weather.

Forman also said that he had experience in working in ditches in inclement weather but was able to complete the job without delay.

“So you are saying a tent and a portable heater would have sped up our progress? Okay, Lew,” said Houck.

That’s when Forman stood from his seat, muttered something under his breath, and stormed out of the meeting.

Forman would not return to the council chamber until after the discussion on the water project was completed.

In the meantime, city administrator Greg McDanel recommended a 14-day extension for Jake Houck Construction to complete the project. The city would not assess a penalty provided that the construction firm completes the project at the end of 14 days.

The construction company will also be required to provide a daily schedule of completion to McDanel.

The council will address the progress on the remainder of the construction project at its next meeting on Monday, April 19.

McDanel presented other options, including a smaller timeframe to complete the project with the city able to assess penalties for non-performance.

McDanel’s recommendation for a 14-day extension initially drew only one favorable vote. Councilor Randy Wagoner presented the motion to accept McDanel’s recommendation, but Wagoner’s motion died for lack of support.

In weighing the other options, councilor Kevin Crain said the City of Cherryvale was not wanting to play hardball with Jake Houck Construction but wanted the project completed. He said the frustration level on the part of local citizens was growing as they dodged open trenches and closed streets in the downtown business district.

Wagoner than tried a second attempt at the 14-day extension. Crain reluctantly seconded the motion but noted that he wanted to see progress from the construction company to complete the project. The motion for the 14-day extension was approved with Crain and Wagoner voting in favor and councilor Chad Wickham voting against the measure. Forman was not present during the vote.

Jake Houck and other representatives from his company said they would make every attempt to complete the project. They thanked the council and left the meeting.

Forman then returned to the council chambers after the vote was taken and the contractor had left the building.

However, during a seemingly non-controversial and unrelated discussion about the community and recreation center (formerly known as the Kansas Army National Guard Armory), Forman’s emotions once again flared and were directed toward city councilor Randy Wagoner.

The return to the water project issue was broached when Forman was named to a committee to study the transformation of the former armory into a community and recreation center. Forman joked he was a “hot head” and later turned to Wagoner to say, “You sold me out, Wagoner. You sold me out on the contract.”

Wagoner appeared puzzled by Forman’s response and asked Forman to explain to what he was referring. Forman responded that Wagoner should not have endorsed a recommendation that did not require the City of Cherryvale to assess some type of penalty on the construction firm for failing to complete the project in the contractual time.

Wagoner and Forman then exchanged a few barbs, with Wagoner suggesting Forman should calm down and not “act like a little kid,” hinting to Forman’s conduct during the earlier discussion about the water project.

Forman then grew defensive and yelled, “Do you have a problem, mister?”

At that point, the council chambers grew silent, and all eyes were focused on the Wagoner/Forman riff.

Wagoner responded, “I don’t believe there is a problem . . . yet.”

The temperamental moment then fizzled, and the council turned its collected attention to the remainder of the meeting agenda.

At the conclusion of the meeting, Wagoner and Forman shook hands and apologized for their comments to each other.