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Legal action suggested against company; controversy over park trail discussed
by DEBBIE CALDWELL - News Editor
Mar 16, 2007 | 122 views | 0 0 comments | 1 1 recommendations | email to a friend | print
Plumbing problems at the new jail and changing a trail at the Black Mountain Off Road Adventure Park were the main items of discussion Thursday at a meeting of the Harlan County Fiscal Court.

Jailer Curt Stallard presented several photos to the court of a serious plumbing problem at the new Harlan County Detention Center. Stallard informed the magistrates that the plumbing lines were stopped up, and the construction company was to blame.

He said the sewer lines were recently cleaned out, but there are still problems.

"We've got concrete blocks and all kinds of debris ... Here is a picture of a piece of blue insulation that was put under the metal roofing - that was in it. See, they didn't care. We talked about this from day one, that all this rock and material would come out in the sewer," Stallard said. "We checked our grease traps, and they don't appear to be right. It has sewage in it and it's not ever supposed to have sewage in it, so it's not been installed correctly."

Stallard said he believes the grease trap lines and sewer lines have gotten crossed.

"There's still bills owed to Codell Construction, and I am asking you guys to not pay a penny more to them. I am going to also ask that you all have (County Attorney) Fred Busroe to look into maybe filing charges against Codell and whoever else is responsible for this," Stallard said.

The sewer system had been cleaned out, but some of the sewer lines stopped up again in three cell blocks, Stallard said.

"We got those lines unplugged, but I was standing out at the manhole with a flashlight. It never did come through into the manhole," Stallard said. "I told them we've got other problems and it's going to stop up the line. It stopped the line completely up yesterday."

Stallard asked if Busroe could begin paperwork to have the construction company come back and fix the problem.

Harlan County Judge-Executive Joe Grieshop said he was glad that Stallard presented the photograph as evidence and proof of the ongoing problem.

Stallard said Don Tucker, of Codell Construction, was aware of the problem.

"When we talked about each progress meeting up there, everytime we'd name it, he'd (Tucker) cuss a big oath, and say 'I'll go out there right now and stop them from doing that stuff.' That would be the end of it until we went up there the next day, and he done that continuously," Stallard said. "(Tucker) said we didn't have to worry about it ... before the building is built, that they would come in and flush all the lines out ... They've not done nothing."

Magistrate David Kennedy made a motion for Busroe to take the necessary action to resolve the plumbing issue at the jail. Fiscal court members approved the motion.

The court also heard from Denny Pace, owner of Putney's ATV Rentals. He addressed the court regarding a trail on the Putney side of the Black Mountain Off Road Adventure Park.

Pace said he was informed by the recreation board that the county would be rating trails.

"I disagree very strongly with one of the trail ratings, so I had no option but to come to fiscal court," Pace said. "Our main trail at Putney was 45 - it's been changed to 45A. That is the easiest trail that we have from the campground going into that park. Most of my rentals are novice. Some people who's never ridden an ATV before, that is the trail they all use. That's the trail that these kids on the little two-wheel drives use. It's now been marked red."

A red trail is defined as extreme.

Pace said that Kennedy and magistrate Paul Caldwell have rode the trail, and Grieshop has traveled the trail by vehicle.

"I just think it's been a bad judgment... I don't think it should be a red trail - at the most it should be a blue trail. Members here have ridden it and seen for themselves that it's not an extreme trail, and I want to have it changed back to blue."

Caldwell made a motion for the trail to be changed to blue.

Harlan County Parks Manager Delbert Stephens disagreed with the trail being changed to blue. Stephens marks the trails.

"I would suggest that you get somebody to go and remark these trails where my opinion on any of the trails, ..." Stephens said before Caldwell stopped him by saying his opinions were good.

Caldwell asked Stephens since a berm was built on the trail if he didn't think the trail could now be a blue trail. A berm is a mound or ridge of dirt used to support the trail.

"I marked it red, and I'll leave it at that," Stephens said. "If you all think it should be - you all hold the sole responsibility of the trails and all I'll do is put the stickers up."

Grieshop said he wanted to add to the motion in order to help the county "qualify why we're moving from a red to a blue." Grieshop said adjustments must be made to improve safety, which are being done, including testing the berm.

All the fiscal court members voted to make the trail blue except for magistrate Chad Brock, who voted no.
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