L&T OPINION
EDITOR'S NOTE — See responses below for clarifications to this editorial form local officials.
Recently the Seward County Fire Department has looked at establishing a separate facility at the 18th Street station that was originally intended to be used to work in conjunction with Seward County Community College as a place to train new firefighters.
That project failed to attract the students needed to make it viable only after Seward County purchased the facility.
With growing needs at both the City of Liberal and Seward County, it is understandable why Seward County is considering moving to the building and possibly expanding it to house county equipment.
The question, then, is how to amicably leave the facility currently under joint operation on 15th Street.
Currently, Seward County reimburses the City of Liberal for 40 percent of the operational costs of the facility. It was recently discovered Liberal had been paying 100 percent of the insurance for multiple years, and Liberal will only be able to recoup part of that back since Liberal failed to bill Seward.
If Seward vacates the facility, all of the costs of operation of the current facility will fall on Liberal.
It appears Liberal is prepared for that, and in addition has offered to provide Seward $500,000 to use toward expansion of the 18th Street facility to be solely used for Seward.
But Seward refused the offer from Liberal at the recent Seward County meeting after a short discussion between commissioners from both entities.
The memorandum of understanding governing the joint use of the facility gives either side the right to terminate the agreement at any time for any reason, or for no reason whatsoever.
But the agreement only speaks to what happens if Liberal terminates the agreement. In that case, Liberal is to provide Seward 40 percent of an appraised value.
The agreement does not mention anything due to Seward if Seward initiates the termination.
According to Item 12 (b), “Upon termination by City, unless otherwise agreed, City shall remain sole owner of the facility.” It then explains the 40 percent owed Seward.
But there is no clause that reads, “Upon termination by County.”
None.
If Seward is initiating the end of the agreement, there is no provision that states Liberal owes Seward anything.
And yet, Liberal has offered $500,000.
Both parties have decided to seek an appraisal of the facility, but if Seward is initiating the termination of the agreement, no appraisal is necessary.
It would be in Seward’s best interest to take the $500,000 offer and move on.
CLARIFICATION PROVIDED BY SEWARD COUNTY FIRE CHIEF ANDREW BARKLEY — The Seward County Fire District discontinued the student resident firefighter program as a result of COVID 19 restrictions. During this time the district redirected funding towards career personnel as a result of what could happen based on another COVID 19 type situation. The program was discontinued at that point.
CLARIFICATION PROVIDED BY SEWARD COUNTY COMMISSIONER TODD STANTON — The county did not decline the city’s offer at the joint meeting of May 19. The offer remains on the table under consideration. Some commissioners requested that an appraisal of the property be made as part of the consideration process, a position supported by commission counsel Nathan Foreman since such an appraisal is part of the process outlined in the Memorandum of Understanding dated 2007.
