County, property owner avoid possible litigation
Lead Summary
By
Rory Ryan-hcpress@cinci.rr.com
The Highland County Board of Commissioners and County Engineer Dean Otworth avoided a potential eminent domain issue with a Prospect Road property owner after a successful negotiation during the Wednesday, Aug. 31 board meeting.
Mr. and Mrs. Richard Throckmorton were the last holdouts among 51 property owners along Prospect Road between state Route 124 and state Route 73, where a $4.5 million roadway project is set to begin next year.
The Throckmortons were originally offered the appraised price of $10,054 for a little more than one acre, which included approximately six-tenths of an acre currently in the right of way.
Richard Throckmorton said he was asking for $20,000 but was told “that will never happen.”
“But another property owner settled for 2 1/2 times what his appraisal was,” Throckmorton said. “It was appraised at $4,500, and he settled for $11,500.”
“Is that true?” Highland County Prosecutor Anneka Collins asked Otworth.
“Yes,” Otworth replied. “ODOT (the Ohio Department of Transportation) paid for it.”
Throckmorton also said he had an issue with losing 143 feet in one section of fence that had been removed for the roadway project. He told commissioners that he was informed by someone with the engineer’s office that the county would “probably” replace the fence.
Otworth disagreed with that portion of the discussion which took place last year. Otworth said the county’s offer to the family had increased to $13,554, and that “is the last offer.”
“I know we’re close,” Throckmorton said, and added that “Today is the first time I’ve spoken with the engineer. I was told that I couldn’t speak with him. I think if we had talked sooner, we could have worked it out.”
Commission President Shane Wilkin asked the Throckmortons if he could speak privately with Otworth. Wilkin, Otworth and Collins left the board meeting and returned two minutes later.
“We’re not that far apart,” Wilkin said. “If Dean would agree on the fencing of 143 feet and the $13,554, would you be OK?”
“That would work for me,” Throckmorton said.
“Fair enough?” Wilkin asked.
“Yes,” Throckmorton said.
The Prospect Road project is considered a safety project in conjunction with ODOT District 9. It will include all of Prospect Road between S.R. 124 and S.R. 73, plus 1,000 feet along Prospect Road west of S.R. 73.
Otworth explained there have been a number of accidents at the S.R. 73 and Prospect Road intersection over the years. In addition, the project will also improve the line of sight for motorists turning east off Bennington Road.
* * *
• In other business, Sgt. Major Joe Riley of the U.S. Army's 91st Civil Affairs Battalion at Fort Bragg in Fayetteville, N.C. informed commissioners of the next assessment opportunity in Highland County.
The 91st Civil Affairs Battalion team members most recently worked in Highland County in 2014 in cooperation with the Rocky Fork Lake-Area Safety and Advancement Project (ASAP).
The 91st Civil Affairs Battalion local missions vary from infrastructure inspection, communications, disaster relief and emergency response. They also have previously worked on security enhancement at both the Lynchburg-Clay and Greenfield school district.
“We have enjoyed great working relationships,” Wilkin said, noting that the Civil Affairs team members will not be in uniform, nor will they be armed during the local exercises.
“This helps prepare the soldiers for their deployments,” Wilkin said. “For us, it (the benefit) is the information and assessments we receive.”
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“These are unscripted exercises,” Riley said. “The teams deal with subject matter experts, and the commissioners can change the focus without warning. That’s part of it. It really gives our teams to operate on their own both administratively and operationally.”
Riley said the next mission will be a six- or seven-day exercise with an initial focus on the strengths and weaknesses in emergency communications.
“We will be mapping radio capabilities and weaknesses using GPS coordinates to identify poor communications areas,” he said. “But if something more pressing comes up, we’ll change.”
Wilkin said “We’ll probably add to their list. This has worked out really, really well for us. It’s been an excellent relationship.”
“There’s no way we can replicate this training at Fort Bragg,” Riley said. “It is so scripted at the fort. If we say ‘A,’ they respond with ‘B.’ That’s not the case here. It is as real as we can make it for their deployment.”
* * *
Resolutions
In other action, commissioners approved the following resolutions, each by a 3-0 vote:
• A request from the Highland County Department of Job & Family Services for an additional appropriation from unappropriated funds to WIA S-35 Fund in the amount of $99,220.28.
• A request from the Board of Elections for a modification within their budget from Supplies to Gems Supplies in the amount of $2,000.
• A request from the Board of Elections for additional appropriations from unappropriated funds to BOE, Poll Workers - Salary & Expense in the amount of $2,687.36.
• A resolution to authorize a contractual agreement for the FY15 CDBG project of W. Main St. – Sidewalk Improvements in Leesburg, per project specifications to Fillmore Construction for $24,753.
• A resolution to establish deposit and fee for vacation of a public road.
• A request from the Engineer for a budget modification within Engineer Budget from Contracts Projects to Materials in the amount of $20,000.
• A resolution to authorize a contractual agreement for the Highland County Administration Handicap Ramp, per project specifications, to Dance Excavation, LLC for $59,000.
Mr. and Mrs. Richard Throckmorton were the last holdouts among 51 property owners along Prospect Road between state Route 124 and state Route 73, where a $4.5 million roadway project is set to begin next year.
The Throckmortons were originally offered the appraised price of $10,054 for a little more than one acre, which included approximately six-tenths of an acre currently in the right of way.
Richard Throckmorton said he was asking for $20,000 but was told “that will never happen.”
“But another property owner settled for 2 1/2 times what his appraisal was,” Throckmorton said. “It was appraised at $4,500, and he settled for $11,500.”
“Is that true?” Highland County Prosecutor Anneka Collins asked Otworth.
“Yes,” Otworth replied. “ODOT (the Ohio Department of Transportation) paid for it.”
Throckmorton also said he had an issue with losing 143 feet in one section of fence that had been removed for the roadway project. He told commissioners that he was informed by someone with the engineer’s office that the county would “probably” replace the fence.
Otworth disagreed with that portion of the discussion which took place last year. Otworth said the county’s offer to the family had increased to $13,554, and that “is the last offer.”
“I know we’re close,” Throckmorton said, and added that “Today is the first time I’ve spoken with the engineer. I was told that I couldn’t speak with him. I think if we had talked sooner, we could have worked it out.”
Commission President Shane Wilkin asked the Throckmortons if he could speak privately with Otworth. Wilkin, Otworth and Collins left the board meeting and returned two minutes later.
“We’re not that far apart,” Wilkin said. “If Dean would agree on the fencing of 143 feet and the $13,554, would you be OK?”
“That would work for me,” Throckmorton said.
“Fair enough?” Wilkin asked.
“Yes,” Throckmorton said.
The Prospect Road project is considered a safety project in conjunction with ODOT District 9. It will include all of Prospect Road between S.R. 124 and S.R. 73, plus 1,000 feet along Prospect Road west of S.R. 73.
Otworth explained there have been a number of accidents at the S.R. 73 and Prospect Road intersection over the years. In addition, the project will also improve the line of sight for motorists turning east off Bennington Road.
* * *
• In other business, Sgt. Major Joe Riley of the U.S. Army's 91st Civil Affairs Battalion at Fort Bragg in Fayetteville, N.C. informed commissioners of the next assessment opportunity in Highland County.
The 91st Civil Affairs Battalion team members most recently worked in Highland County in 2014 in cooperation with the Rocky Fork Lake-Area Safety and Advancement Project (ASAP).
The 91st Civil Affairs Battalion local missions vary from infrastructure inspection, communications, disaster relief and emergency response. They also have previously worked on security enhancement at both the Lynchburg-Clay and Greenfield school district.
“We have enjoyed great working relationships,” Wilkin said, noting that the Civil Affairs team members will not be in uniform, nor will they be armed during the local exercises.
“This helps prepare the soldiers for their deployments,” Wilkin said. “For us, it (the benefit) is the information and assessments we receive.”
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“These are unscripted exercises,” Riley said. “The teams deal with subject matter experts, and the commissioners can change the focus without warning. That’s part of it. It really gives our teams to operate on their own both administratively and operationally.”
Riley said the next mission will be a six- or seven-day exercise with an initial focus on the strengths and weaknesses in emergency communications.
“We will be mapping radio capabilities and weaknesses using GPS coordinates to identify poor communications areas,” he said. “But if something more pressing comes up, we’ll change.”
Wilkin said “We’ll probably add to their list. This has worked out really, really well for us. It’s been an excellent relationship.”
“There’s no way we can replicate this training at Fort Bragg,” Riley said. “It is so scripted at the fort. If we say ‘A,’ they respond with ‘B.’ That’s not the case here. It is as real as we can make it for their deployment.”
* * *
Resolutions
In other action, commissioners approved the following resolutions, each by a 3-0 vote:
• A request from the Highland County Department of Job & Family Services for an additional appropriation from unappropriated funds to WIA S-35 Fund in the amount of $99,220.28.
• A request from the Board of Elections for a modification within their budget from Supplies to Gems Supplies in the amount of $2,000.
• A request from the Board of Elections for additional appropriations from unappropriated funds to BOE, Poll Workers - Salary & Expense in the amount of $2,687.36.
• A resolution to authorize a contractual agreement for the FY15 CDBG project of W. Main St. – Sidewalk Improvements in Leesburg, per project specifications to Fillmore Construction for $24,753.
• A resolution to establish deposit and fee for vacation of a public road.
• A request from the Engineer for a budget modification within Engineer Budget from Contracts Projects to Materials in the amount of $20,000.
• A resolution to authorize a contractual agreement for the Highland County Administration Handicap Ramp, per project specifications, to Dance Excavation, LLC for $59,000.