Anthony Cloud
Staff Writer
Ann Street problems were once again addressed during the fiscal court meeting on Tuesday. According to Robert Perkins, an employee at the Kentucky Transportation Cabinet, the street has been closed to traffic for over 12 months due to unsupported excavation performed by Clark Mills on the property of Glenda Redmond. The excavation allegedly made the road fail.
During the meeting, Perkins and Bill Sinkhorn brought a petition signed by approximately 15 people before the fiscal court. The individuals who signed the petition request that the fiscal court take immediate action to repair Ann Street by restoring the toe of the slope and rebuild the road to pre-slide condition.
The individuals also petitioned the fiscal court to legally seek compensation from those guilty of breaking the subjacent support land law so that the taxpayers of the county will not bear the burden of the negligent parties in the case. According to the petition, the subjacent support land law explains that a party who removes the subjacent support is “absolutely and completely” liable for damages caused by the removal of the support.
Judge-executive Albey Brock and the fiscal court had maintenance performed on the road that allowed the road to open. “(The road) is open, but it’s not technically repaired,” said Perkins. Perkins claims that the only way the road can be repaired is if the toe of the road is restored. Perkins said when an individual has materials on top of the slide, it will only worsen the problem.
The petition states the fiscal court is responsible to protect its facilities and to the welfare of the citizens in the county it serves.
The citizens also petitioned to the fiscal court to enact a new ordinance requiring property owners to obtain a permit from the fiscal court prior to performing excavations adjacent to and into embankments supporting county road facilities and neighboring landowners. Brock said the aforementioned ordinance sounded good on the outside, but the court would look into the ordinance.
Anthony Cloud is a staff writer for the Middlesboro Daily News. He can be contacted via email at acloud@heartlandpublications.com.
With response time like that, good thing nobody's house was on fire.