News
Condemnation threatened on church
Terri Jo Neff/Special to the news-Sun
Following more than a decade of meetings, hearings, and rumors, the Arizona Department of Transportation announced plans in late 2006 to redesign the Interstate 10 and State Route 90 interchange.
When completed, the curves between mileposts 301 and 303 will be gone, the traffic lanes will be straightened, and a third westbound lane will be added for slow vehicles.
The north frontage road known as Dark Star Road will also move 1200 feet north of its current location, leaving the Calvary Baptist Church in a Catch-22, according to Rev. Larry Pondoff.
For nearly 10 years, Calvary Baptist's congregation has worshipped on eight acres along Dark Star Road. But when ADOT's $44-million project is complete, the church's three buildings will be demolished and replaced by new traffic lanes.
After ADOT announced their plans, church officials looked for new property to support a growing congregation that has the easy access and visibility of their current location.
They purchased the former Livery Stable Feed Store site, about a half mile west of the current church. An architect was hired to design their new facilities and the congregation made plans to move.
But Pondoff says they can't build on their new property yet because ADOT's project engineers keep changing the I-10/SR90 design plans and recently announced that some of Calvary Baptist's new property will be needed for the project. Although Calvary's moving delay is caused by ADOT's failure to settle on a design, that isn't stopping ADOT from trying to remove the church from its current location. Condemnation papers were recently filed, announced Pondoff.
At a recent meeting among parishioners, ADOT officials, and project engineers with URS Corporation, Nancy Wilcox of ADOT's Right-of-Way division explained the current property is needed for the project, regardless of what may or may not happen with the new property.
Pondoff replied that the Church's architect can't determine where to place buildings, utilities, and the driveway on the new property until ADOT's plans are finalized. The architect already has had to revise plans once because of ADOT changes, and further changes will cost the church more money.
"It is only ADOT's handling, or mishandling, of this process that is keeping us from building and moving into our new church," said Pondoff, who noted the congregation has faced problem after problem due to ADOT and URS changing the I-10/SR 90 project.
He also said ADOT's failure to hold at least six promised meetings has left property-owners and Cochise County staff in the dark about what is happening. One ADOT design change even left the congregation with no guaranteed easement or legal access to their new property. Church officials couldn't resolve that problem with the agency until earlier this year, after the Federal Highways Administration was asked to negotiate a resolution.
Pondoff expressed concern at the meeting that ADOT didn't even notify church officials of the most recent design change; a parishioner learned of it from someone at the City of Benson.
Bill Harmon, manager of ADOT's Safford district, acknowledged the parishioners' frustrations. "I admit our current plan is different than what was shown to you before," he said, conceding ADOT changes will impact "property-owners who made plans in good faith" based on ADOT's prior presentations.
He said the current design plans could change again in the next months, but explained he has no involvement with how or when Wilcox secures the necessary Right-of-Way accesses she needs for the project.
At the meeting, Wilcox said she initiated the condemnation proceedings after Calvary Baptist rejected her offer for the current property. ADOT's offer was based on a fair market value appraisal of the property under a procedure used throughout the state, and she believes the amount is reasonable.
Pondoff described the offer from Wilcox as "substantially less" than the valuation by church officials. He suspects ADOT miscalculated or mishandled the appraisal, noting it was completed in July 2007 but not presented to church officials until February 2008.
In an interview after the meeting, Pondoff said he believes ADOT - and Wilcox in particular - have not acted in good faith. He noted that Wilcox failed to follow through on a promised offer last summer, then "left church officials wondering for months what was happening."
He also said Wilcox vowed to interfere with church plans to secure a building permit for a temporary expansion. "ADOT wasn't going to need our land for awhile and we've outgrown our current facilities," explained Pondoff. "We considered a temporary building to accommodate our growing congregation until the new church could be built."
Wilcox warned him she would contact Cochise County to prevent the issuance of a permit, said Pondoff, who called the exchange the "turning point" in relations with ADOT.
A counter-offer from the church was rejected by Wilcox, who filed papers to begin condemnation without seeking to negotiate a settlement. Despite the extra cost for an attorney to handle the condemnation proceeding, Pondoff believes litigation is the only way to resolve the "wide difference in the church's own valuation" and ADOT's offer.
The condemnation will be referred to Cochise County Superior Court at the end of September if the matter has not been resolved.
The I-10/SR90 project is moving forward, reported Harmon at the meeting. Bids for the first part of the two-phase project could be posted as soon as June 2009, with much of the survey work, utility upgrades, and utility moves done at that time.
A new road to replace Dark Star is the first priority of phase one, explained Harmon, as "everything else ties into it." He said other phase one changes include removing the dangerous curves west of Exit 302 to "alleviate and relieve the immediate safety issues" in that area.
Harmon said ADOT expects to hold a community meeting in Benson later this year as design plans are finalized.
Following more than a decade of meetings, hearings, and rumors, the Arizona Department of Transportation announced plans in late 2006 to redesign the Interstate 10 and State Route 90 interchange.
When completed, the curves between mileposts 301 and 303 will be gone, the traffic lanes will be straightened, and a third westbound lane will be added for slow vehicles.
The north frontage road known as Dark Star Road will also move 1200 feet north of its current location, leaving the Calvary Baptist Church in a Catch-22, according to Rev. Larry Pondoff.
For nearly 10 years, Calvary Baptist's congregation has worshipped on eight acres along Dark Star Road. But when ADOT's $44-million project is complete, the church's three buildings will be demolished and replaced by new traffic lanes.
After ADOT announced their plans, church officials looked for new property to support a growing congregation that has the easy access and visibility of their current location.
They purchased the former Livery Stable Feed Store site, about a half mile west of the current church. An architect was hired to design their new facilities and the congregation made plans to move.
But Pondoff says they can't build on their new property yet because ADOT's project engineers keep changing the I-10/SR90 design plans and recently announced that some of Calvary Baptist's new property will be needed for the project. Although Calvary's moving delay is caused by ADOT's failure to settle on a design, that isn't stopping ADOT from trying to remove the church from its current location. Condemnation papers were recently filed, announced Pondoff.
At a recent meeting among parishioners, ADOT officials, and project engineers with URS Corporation, Nancy Wilcox of ADOT's Right-of-Way division explained the current property is needed for the project, regardless of what may or may not happen with the new property.
Pondoff replied that the Church's architect can't determine where to place buildings, utilities, and the driveway on the new property until ADOT's plans are finalized. The architect already has had to revise plans once because of ADOT changes, and further changes will cost the church more money.
"It is only ADOT's handling, or mishandling, of this process that is keeping us from building and moving into our new church," said Pondoff, who noted the congregation has faced problem after problem due to ADOT and URS changing the I-10/SR 90 project.
He also said ADOT's failure to hold at least six promised meetings has left property-owners and Cochise County staff in the dark about what is happening. One ADOT design change even left the congregation with no guaranteed easement or legal access to their new property. Church officials couldn't resolve that problem with the agency until earlier this year, after the Federal Highways Administration was asked to negotiate a resolution.
Pondoff expressed concern at the meeting that ADOT didn't even notify church officials of the most recent design change; a parishioner learned of it from someone at the City of Benson.
Bill Harmon, manager of ADOT's Safford district, acknowledged the parishioners' frustrations. "I admit our current plan is different than what was shown to you before," he said, conceding ADOT changes will impact "property-owners who made plans in good faith" based on ADOT's prior presentations.
He said the current design plans could change again in the next months, but explained he has no involvement with how or when Wilcox secures the necessary Right-of-Way accesses she needs for the project.
At the meeting, Wilcox said she initiated the condemnation proceedings after Calvary Baptist rejected her offer for the current property. ADOT's offer was based on a fair market value appraisal of the property under a procedure used throughout the state, and she believes the amount is reasonable.
Pondoff described the offer from Wilcox as "substantially less" than the valuation by church officials. He suspects ADOT miscalculated or mishandled the appraisal, noting it was completed in July 2007 but not presented to church officials until February 2008.
In an interview after the meeting, Pondoff said he believes ADOT - and Wilcox in particular - have not acted in good faith. He noted that Wilcox failed to follow through on a promised offer last summer, then "left church officials wondering for months what was happening."
He also said Wilcox vowed to interfere with church plans to secure a building permit for a temporary expansion. "ADOT wasn't going to need our land for awhile and we've outgrown our current facilities," explained Pondoff. "We considered a temporary building to accommodate our growing congregation until the new church could be built."
Wilcox warned him she would contact Cochise County to prevent the issuance of a permit, said Pondoff, who called the exchange the "turning point" in relations with ADOT.
A counter-offer from the church was rejected by Wilcox, who filed papers to begin condemnation without seeking to negotiate a settlement. Despite the extra cost for an attorney to handle the condemnation proceeding, Pondoff believes litigation is the only way to resolve the "wide difference in the church's own valuation" and ADOT's offer.
The condemnation will be referred to Cochise County Superior Court at the end of September if the matter has not been resolved.
The I-10/SR90 project is moving forward, reported Harmon at the meeting. Bids for the first part of the two-phase project could be posted as soon as June 2009, with much of the survey work, utility upgrades, and utility moves done at that time.
A new road to replace Dark Star is the first priority of phase one, explained Harmon, as "everything else ties into it." He said other phase one changes include removing the dangerous curves west of Exit 302 to "alleviate and relieve the immediate safety issues" in that area.
Harmon said ADOT expects to hold a community meeting in Benson later this year as design plans are finalized.
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