Commissioners say no to Star Hill Road deal

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September 4, 2010

Interlocal agreement now heads to Clark County Council for approval

BY JEROD CLAPP newsroom@newsandtribune.com The News and Tribune Sat Sep 04, 2010, 01:32 AM EDT

CLARK COUNTY — A resolution to accept the interlocal agreement with the town of Borden to build Star Hill Road was voted down by the Clark County Commissioners on Thursday.

The agreement, which required a unanimous vote from the commissioners to pass, would have required Borden to pay for about 36 percent of the costs for the road since that much of it would be within the town’s limits.

Allen Morris, the attorney for Borden’s town council, said Borden’s end of the deal was dependent upon the passage of a wheel tax. Also, the provision for Borden’s willingness to buy right-of-way properties was taken out of the resolution.

Morris said his estimates show Borden could raise about $20,000 a year from the wheel tax and anticipated that amount would increase, with the possibility of raising $100,000 over four years.

Ed Meyer, president of the County Commissioners, was the only commissioner to vote against the resolution. He said he was worried about what would happen if the wheel tax didn’t pass.

“When you have boundaries like that, they’ll have ownership over that part of the road in their town,” Meyer said. “If we end up paying for part of their 36 percent, we’d be responsible for that part of the road.”

Since the passage of the wheel tax isn’t certain, Meyer said the commissioners would have to worry about how interlocal agreements with other municipalities are treated, especially if Borden can’t fund its portion of the road.

He said if the county ends up picking up the tab, other municipalities might expect the same treatment.

“I think we’d be setting a precedent for that,” Meyer said, “and I don’t want to set that precedent.”

Commissioner Mike Moore said the decision of entering the agreement is ultimately up to the Clark County Council.

“We’re not the body that’s going to make the decision,” Moore said. “If Borden doesn’t meet the 36 percent, what recourse do we have?”

Morris said Borden’s budget is $400,000, and after paying the mortgage on their facilities, paying their employees and benefits, there isn’t a lot of money left over.

“We have to worry about whether there’s money left over for us to buy a refrigerator,” Morris said. “This is the best agreement that Borden can afford to do.”

Morris said Borden would try to get donations from its citizens, as well as some of the right-of-way properties.

“We’ll be happy to help in that regard,” Morris said. “We’ll do our best to get that property donated.”

Moore said he’d prefer to see the project funded on Borden’s end without the use of a wheel tax.

“I’m not in favor of the wheel tax, but the other two commissioners are,” Moore said. “I don’t think it’s needed. We’ve created other taxes over the last few years that should take care of that.”

Since the resolution didn’t pass on the first reading unanimously, it will appear on the Commissioners agenda again in two weeks. However, the County Council will review the plan next week, which could nix the project.

Meyer said if the County Council voted the agreement down, the second reading of the resolution wouldn’t matter.

“They may vote it in with funding,” Meyer said. “But if they vote it down, it would be a moot point.”

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Interlocal agreement now heads to Clark County Council for approval

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