Weeks after a fatal vehicle crash, questions remain over who is legally responsible for maintaining the section of Augusta Bottom Road where the wreck occurred. Warren County commissioners remain adamant that the portion of the road where the Oct. 22 crash occurred is under the jurisdiction of the town of Augusta. Commissioners claim that stretch, the so-called Augusta Parkway, was taken over by Augusta after it was washed out in the major 1993 Missouri River flood. That section is Augusta’s responsibility to maintain even though it’s located in Warren County, the commissioners said. However, the commission has not been able to produce a formal document or agreement between Warren County and Augusta establishing the parkway. According to documents obtained from St. Charles County, Warren County has repaired the road in the past. The county commission contends that the portion of Augusta Bottom Road it maintains sits on top of the levee. “There shouldn’t be any confusion over the two ends,” Presiding Commissioner Arden Engelage said. The recent death of Ella Neier, a 16-year-old St. Francis Borgia Regional High School junior and Washington resident, has renewed debate about maintenance concerns along the 1.7-mile stretch located in southern Warren County. Neier was killed when the car she was driving traveled off Augusta Bottom Road and into a large pool of water that was created by floodwaters. Relatives of Neier met with the county commission last week and asked that the road be temporarily closed until safety improvements, such as having a guardrail erected, can be made. The commission took no action. “We don’t expend funds to that end and Augusta had the Aholts go in there and push that road through,” Engelage said. “It was closed, but Augusta opened it. They pushed for it to be opened.” However residents and others question whether the Augusta Parkway section legally exists and are concerned about the road’s permanent closure. Motorists use Augusta Bottom Road as a shortcut between Washington and St. Charles County. The section in Warren County is gravel, while the portion in St. Charles County has an asphalt surface. A copy of an ordinance approved by the Augusta town board to allow the town to use funds for road maintenance was missing from its file at the Augusta library. Also, easements reportedly obtained by Augusta from two families owning land along Augusta Bottom Road could not be located at the Warren County recorder’s office. Past and current county commissioners have stated that Augusta Bottom Road has little benefit to the county since no residents live on it. Other than being used as a shortcut between Augusta and Washington, the road provides access to fields for farmers. According to the county commission, the annual maintenance it performs on the road involves grading and rocking only the portion on the levee that has remained intact. The city of Washington has been providing some maintenance on the rocked section just west of the St. Charles County line, but that is limited to grading only to repair potholes, according to City Administrator Jim Briggs. The city does not provide rock or other materials for the maintenance, he said. Mark Piontek, who serves as the attorney for Augusta and the city of Washington, said he has not been able to determine if the Augusta Parkway legally exists. He said a title search must be performed to find out if any deeds have been recorded. “Does Augusta own any of the right of way?” Piontek asked. “That has yet to be determined.” Briggs said the city has contacted a couple of title companies to determine the approximate cost for a full title search. Meanwhile, the city is in the process of doing a traffic count along the entire length of the bottom road, according to Andrea Lueken, assistant city engineer. Since Washington officials are looking at the possibility of annexing the roadway, Piontek has sent a letter on behalf of the city to the attorney who represented Three Creeks Village, which lies on both sides of the road, but the road is not within the village boundaries. He noted that the “city of Washington cannot (annex the road) on its own” and would need cooperation from the village. The Augusta Parkway was discussed and action taken by the Augusta town board in the mid-1990s. In April 1993, before the major flood hit, Rick Stout, attorney for Augusta, presented a plan on helping with future upkeep of Augusta Bottom Road, according to board minutes. He proposed creating a “recreational system,” which would include a section for the Katy Trail, the town’s baseball fields and the roads leading to those facilities that would possibly allow the city to obtain some funding under state law. Stout referred to a statute that two or more governing bodies may administer programs jointly and determine what items of cost or expense shall be paid by each. Two months later, the Augusta board approved an ordinance to create the recreational system, according to published accounts from that period. Then in 1996, according to meeting minutes, Stout reintroduced his initial idea by reporting that easement deeds had been obtained from the Kessler and Riegel families who own land along the road. He also said both FEMA and St. Charles County agreed that a new roadway, based on new surveys, could be put in parallel to the old one. To help the project progress, Augusta board members voted in a May 6, 1996, meeting to approve a motion stating that an “emergency exists requiring immediate construction of a parkway.” A letter from St. Charles County Engineer Joe Nichols to Missouri Sen. Ted House, dated April 28, 2000, indicates Augusta had used funds for the upkeep of the road. The letter states that “Augusta, using some of its own and federal funds, constructed a gravel road from the St. Charles County line through the washed out section.” The letter was a follow-up from one sent by House to the county regarding concerns over the road maintenance. St. Charles County Executive Steve Ehlmann said he was aware of the latest controversy involving Augusta Bottom Road, but pointed out that any assistance it could provide is limited since the portion in dispute is located in Warren County. He said St. Charles County officials are working with their attorney to determine what options are available. “We want to do everything to make it safe, obviously,” Ehlmann said. “Our (county residents) are using it every day. We’re looking for a way to help.”