What started four years ago as a fender bender and damaged guard rail has escalated into a border dispute between the city of Johns Creek and Forsyth County.
The disagreement between two governments over road repairs in tough times has become so intractable Johns Creek wants to expand its authority over seven miles of McGinnis Ferry Road, a stretch it claims Forsyth has neglected to maintain -- costing the city $83,000 in repair bills.
Johns Creek mayor Mike Bodker said he has been “wholly offended” by Forsyth’s response to letters the city sent to the county asking to be reimbursed for repairs along the road.
“Each time they’ve pretty much told us, by either responding or not responding, to go pound dirt,” said Bodker.
Forsyth County Manager Doug Derrer said the county has “gone out of its way” to respond to Johns Creek’s requests. He characterized the mayor’s frustration in dealing with Forsyth as “unfortunate” and “does little to advance the ball on this issue.”
While Forsyth’s refusal to pay has strained relations between the north side neighbors, Forsyth County attorney Ken Jarrard said this week he’s not sure what the city is so steamed about. In his mind, the law is clear.
Maintenance of the bridge where the guard rail was damaged in a minor accident in 2007 was the responsibility of Fulton County back then, before Johns Creek was created in Fulton County. Therefore, whatever repairs are needed to the bridge or road now are Johns Creek’s headache, Jarrard said.
Ken Hildebrandt, Johns Creek public works director, said the guard-rail replacement on the north side of the bridge cost the city $7,000. That’s when the squabble started.
“Since the centerline of the road by our charter is the boundary between Johns Creek and Forsyth County, we felt like the north side of the road was the responsibility of Forsyth County,” Hildebrandt said.
“But they were adamant that they would not repair it, that the bridge had previously belonged to Fulton County, and since we incorporated [in 2006], it now belongs to us. So, because of that, we repaired the bridge.”
Johns Creek is no longer willing to wait for a Forsyth payment. It will settle for control. In a recent vote, the city council asked its legislative delegation to allow the city to take ownership of the road and the right of way.
Jarrard said if Johns Creek seeks a boundary change Forsyth will work its own legislative delegation “to ensure the County’s interests are protected.”
The city has cited five instances where safety improvements were needed along the roadway. In some cases, like bridge work and signal maintenance, the costs typically would be shared, city officials said. But others occurred entirely on the north side of the road, on Forsyth’s property.
Johns Creek didn’t seek Forsyth’s help when the bridge needed major upgrades in 2009, and it spent $66,000, strengthening it for emergency vehicles.
“We knew they would not participate, based on our previous conversation,” Hildebrandt said.
Who’s in the right?
The Georgia Department of Transportation is responsible for mapping and inspecting all bridges in the state, and when a bridge straddles a border, the department assigns it to a county. However, that doesn’t mean that county is obligated to maintain it, DOT spokesman Mark McKinnon said.
The DOT currently is responsible for McGinnis Ferry Road because it is engaged in a widening project until late April. When that work ends, McKinnon said, the DOT will ask jurisdictions along the roadway to decide upkeep.
“Our position has been the bridge is extra territorial,” Johns Creek City Attorney William Riley said. “We didn’t get that extra-territorial piece of that bridge [when we incorporated] any more than we got the Fulton County Airport, which is also extra territorial.”
While the neighboring city and county can’t agree on the McGinness Ferry Road maintenance, the squabble between municipalities appears confined to public works, Johns Creek City Manager John Kachmar said.
The city has joint agreements with Forsyth County involving mutual aid for fire and police. The city also uses the Forsyth emergency radio system as its backup.
“This isn’t a hostile situation,” Kachmar said. “It’s a frustrating situation.”
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