The Kansas Department of Transportation is trying to decide whether it legally can resolve a dispute between Douglas and Jefferson counties on whether to close the Kansas River bridge at Lecompton while repairs are made.

Jefferson County Commissioner David Christy met Thursday with Secretary of Transportation Deb Miller and gave her a letter requesting that she step in and decide the issue.

After the meeting, Christy said he thought the dispute might end up in court based on recent comments made by members of the Douglas County Commission. He declined to elaborate.

“There is a lot I’d like to tell you, but I cannot, and that’s because I believe we are at a point where we may have to litigate this thing in court,” Christy said.

Douglas County Commissioner Bob Johnson was surprised by Christy’s comment.

“I don’t know what he’s talking about,” Johnson said. “I don’t think we’ve done or said anything that would not be respectful of Jefferson County.”

In addition to their contact at public meetings, Johnson and Christy have had periodic phone conversations about the bridge issue in the last few months. Johnson described those conversations as pleasant, cordial and businesslike.

Important link

Douglas County commissioners favor closing the Lecompton bridge on County Road 1029, where the river serves as the border between the two counties. The bridge links the communities of Lecompton and Perry.

Jefferson County officials and residents have argued the bridge should be repaired with one lane left open because complete closure would cause hardship for Perry businesses and the Perry-Lecompton school district.

Douglas County has argued that closing the bridge and getting the repair job done in 140 days instead of 320 days would be safer and cheaper and result in a bridge with fewer maintenance problems in the future. They note that even with one lane open, there still will be up to 60 days when the bridge would have to be closed completely.

Douglas County officials were told several weeks ago by KDOT that it could take up to 60 days for the agency to decide the bridge issue, if formally asked to do so. Commissioners decided not to make that request, fearing it would delay the design and contractor bidding process and jeopardize getting the project done in 2007. If the project is delayed, temporary repairs will have to be made anyway, they said.

The cost of bridge repairs is estimated at a minimum of $3.3 million if closed and about $4 million if left open. Douglas County originally agreed to pay about 90 percent of construction costs, with Jefferson County paying the remainder.

Douglas County commissioners have said they are going ahead with the project, without Jefferson County’s financial assistance if necessary, and plan to close the bridge.

Letters to KDOT

Knowing that Jefferson County was about to ask KDOT to step in and resolve the issue, Douglas County sent its own letter to the KDOT secretary.

In that letter, dated Sept. 26, County Counselor Evan Ice explained why Douglas County thought state statute prevented KDOT from becoming involved in the issue unless requested by both counties to decide a cost-sharing method. Ice cited past court cases to support that argument.

Douglas County Administrator Craig Weinaug said the letter was not meant to threaten litigation against anyone.

Jefferson County Commissioner Lynn Luck said she had not seen Douglas County’s letter. But she said it was a sign of insecurity on the part of Douglas County about its decision to proceed alone and close the bridge.

“They don’t want to be wrong. They don’t want to lose,” she said. “That’s my simple opinion.”

KDOT is reviewing state statutes to make sure it can become involved in helping to resolve the issue, spokesman Steve Swartz said. He said he didn’t know how long that process would take.

“In nobody’s memory has this kind of request come in before the secretary to get involved in an issue involving two counties,” Swartz said.