Adams County supervisors vote to pursue legal review of gated county right-of-way; approve garden project and several public works actions

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Summary

Supervisors discussed a deeded county right-of-way that a landowner has gated, directed staff to pursue legal review and potential injunction, approved a Master Gardeners educational garden project at the Extension Office, and moved forward on several road and equipment purchases while seeking written audit guidance on a truck bid dispute.

Adams County Board of Supervisors members discussed and signaled intent to pursue legal action after a private landowner blocked a deeded county right-of-way on Carthage/Carpenter Point Road, approved a community gardening project at the Extension Office, and approved multiple public-works motions including awards of emergency watershed and road-construction bids and a shower project change order.

The board held extended discussion about a right-of-way the county purchased in 1983 that supervisors say is now blocked by a gate. Supervisor discussion centered on restoring unimpeded county access and whether the county should seek an injunction. After debate the board directed staff to obtain legal review and to prepare steps toward enforcement; the item was left open for follow-up and to return at a future meeting for formal legal action.

The right-of-way matter drew sustained comment from supervisors and members of the public. Resident Benedict Udemba described recurring erosion and access problems at 225 Morgantown Road and told the board his property and power line have been affected; NRCS declined an Emergency Watershed Protection application for the site on the grounds that erosion did not pose an immediate threat to the house. Supervisors asked staff to coordinate on engineering and legal options and to bring back formal recommendations.

Separately the board approved a request from the Adams County Master Gardeners to use land at the county Extension Office for an educational garden and related amenities. Joanna King, identified herself as “an active member of the Adams County Master Gardeners,” told the board the group reported 2,700 volunteer hours in 2024 with an estimated value of $81,000 and outlined plans for raised beds, shaded seating and accessible planting areas for schools and people with special needs. Supervisor Middleton made the motion to approve the group's request; the motion was seconded by Supervisor Hutchins and carried.

On roads and capital work, the board considered several projects and contract issues. Staff reported additional documentation requests from MDOT on a Phase 1 submittal for Morgantown Road and sought authority to sign required documents; the board authorized staff to sign MDOT paperwork and to coordinate as needed. Board members also debated the scope and method for a resurfacing/milling project, including whether to add an extra inch of depth and how to account for utility adjustments. Supervisors stressed the county’s need to avoid repeated short-term repairs that accelerate deterioration and directed staff to continue negotiation with the city and contractors.

The board opened and reviewed multiple bids for federally funded Emergency Watershed Protection (EWP) and local road projects, and accepted the lowest and best bids where appropriate. Several bid totals were read into the record, including a $1,061,836 base bid from one contractor and other bids ranging from approximately $130,625 to $1,254,476 for various segments of EWP and road work. The board approved awards and authorized related contractual steps.

Equipment procurement prompted a contested discussion. The county opened bids for dump trucks and related equipment and received competing offers with different delivery timelines. The auditor’s office advised the board that the county’s bid specification required a “certified service center within 50 miles,” a point several supervisors and vendors contested; vendors and staff said a mobile service and parts delivery could meet the board’s needs even when a brick-and-mortar dealer is outside the radius. After discussion the board approved moving forward with TruckWorks as the lowest-and-best bidder for certain dump trucks but conditioned the purchase on obtaining written advisement from the state auditor clarifying whether the prior award was nonresponsive; the board asked staff to secure that written guidance before final contract signature.

The board also voted to pay an additional $4,032.49 on a previously approved outdoor shower project to add privacy block walls after a city inspection required the change. The board approved the change order payment but asked the county purchasing staff to obtain and file a detailed price breakdown showing unit materials and labor to document that the change order price was commercially reasonable and not used to circumvent bidding rules.

Other routine actions included approval of budget amendments, personnel hires and the spread of several procurement card and travel card statements across the minutes. The sheriff briefed the board on camera upgrades and requested future consideration of license-plate-reader (LPR) systems; supervisors asked staff to bring LPR cost and grant-availability information to a future meeting.

What the board decided: staff were directed to obtain written legal and audit advisements on two high-profile items — enforcement options for the gated right-of-way and written clarification from the state auditor about whether the truck bid was administratively nonresponsive — and to return with formal recommendations. The Master Gardeners’ use of Extension Office grounds was approved, and multiple construction bid awards and project motions carried.

Votes at a glance - Master Gardeners Extension Office project: motion to approve (mover: Supervisor Middleton; second: Supervisor Hutchins) — approved. - Shower project change order (privacy walls), $4,032.49: motion to approve payment (mover: Supervisor Hyson; second: Supervisor Gaines) — approved; board requested detailed unit-price breakdown for commercial reasonableness. - Truck purchase (TruckWorks) for dump trucks: motion to accept lowest and best bid pending written advice from the state auditor (mover: Supervisor Gaines; second: Supervisor Middleton) — board approved to proceed pending auditor’s written guidance. - Morgantown Road MDOT PSM signatures: motion to authorize staff to sign required documents — approved. - Multiple EWP and road-construction bid awards (various contractors and amounts read into the record) — approved as presented. - Right-of-way (Carpenter/Carthage Point Road): motion to pursue legal review and steps toward enforcement (mover: Supervisor Gray) — board directed staff to obtain legal advice and to return with options; formal injunction steps to be developed.

Why it matters: the gated right-of-way raises questions about the county’s ability to maintain access to infrastructure and emergency routes; equipment procurement and bid interpretation may affect delivery timing for public works vehicles; and local organizations’ use of public land for education and community gardening will create new programming on county property.

The board scheduled follow-up on the right-of-way and the truck purchase for the next meeting once legal and audit advisories are obtained.