Tri-County Citizen

Misteguay Drainage Board reaches agreement with petitioners





On July 10, the Misteguay Creek Intercounty (IC) Drainage Board voted two to one in favor of accepting a settlement crafted by Albee Township and Saginaw County Public Works Commissioner Brian Wendling. Under the settlement, Saginaw County takes on a larger share of the project cost in an effort to get the project moving forward as designed and recommended by Spicer Group.

SAGINAW COUNTY’S SHARE

Wendling presented an official offer to the Misteguay IC Drainage Board dated June 19 of this year. In it he said Saginaw County would do several things to get the requested drainage project going. First, they would acquire easements for the entire length of the Misteguay Creek IC Drain; including those for the culvert and flap gate replacements.

Through a supplemental benefit agreement, Saginaw County would pay for the cost of permanent easements above and beyond the $50,000 which was previously committed by the drain board.

Saginaw County also offered to pay for the materials associated with the replacement and relocation of the flap gates for the Denslow Drain, Peart IC Drain, the Savage Drain and Munson Drain. The additional cost of these flap gates has been an issue of contention over the past eight years. In this agreement, Saginaw County offers to pay for materials such as culverts, flap gates, and concrete; but excludes costs associated with labor, equipment, design, construction administration and inspection.

It should be noted that Genesee County would be expected to pay its apportionment percentage of the Peart IC Drain work.

Saginaw County would pay 100 percent of the removal costs of the Verne Road bridge over the Misteguay Creek; as well as covering 100 percent of the material costs associated with relocating Verne Road and Cresswell Road.

MISTEGUAY IC DRAINAGE BOARD’S SHARE

The agreement also outlines responsibilities on the part of the Misteguay IC Drainage Board. Saginaw County requires that the board would construct the drain according to the Spicer Group design; which includes setting the dikes back and constructing a 14-foot maintenance shelf on the inside of the dike.

The Misteguay drain board would be required to include the construction, relocation and installation of flap gates for the Denslow Drain, Peart IC Drain, Savage Drain and Munson Drain according to the project scope and design recommended by Spicer; excluding the specified material costs covered by Saginaw County.

The agreement specifies that the Misteguay drain board will include the cost of design, construction administration and inspection of the culverts and flap gate structures as part of the current project scope and will continue to allocate $50,000 toward permanent easement acquisition. The drain board would also be responsible for recording costs and fees associated with the easements.

The cost of removal and disposal of the Verne Road bridge would be counted toward Saginaw County’s share of the project.

Finally, with the adoption of the agreement, there’s a proposed timeline for final engineering through the start of construction. If approved, Albee Township, which petitioned the project eight years ago, would agree to dismiss its appeal and the drainage board would agree not to abandoned the petition unless they are not able to obtain adequate financing to construct the project.

THE DISCUSSION

Genesee County Drain Commissioner Jeff Wright said, “For them (Saginaw County) to pick up 100 percent of the materials cost is not small potatoes.” He talked about wanting to move forward on the project.

Shiawassee County Drain Commissioner Anthony Newman said, “I agree with you that we would like to move forward, rather than (continue to pay more legal fees).” However, he complained that he should have received the proposed agreement before the meeting, in time to have an attorney look it over.

Misteguay Creek drainage board chairman/Michigan Department of Agriculture and Rural Development (MDARD) Michael Gregg responded, “We have had your input for years. We’ve got the entire drain district to consider. We need to agree to at least what we’re going to bid on. We are now eight years into this proceeding. And in that eight years, the cost of construction has gone up between 25 and 50 percent.” Gregg also brought up the legal fees incurred along the way.

Maple Grove Township Supervisor Kevin Krupp said, “Mr. Gregg, the reason the project was brought up is it was an imminent threat.” Krupp pointed out that there have been several major rainstorms over the past eight years, without any problems. “We’ve got 40 percent of the land (in the drainage district).” As a result, Maple Grove would normally bear 40 percent of the cost of drain improvements and maintenance. But this agreement increases Maple Grove Township’s share of the cost because it’s in Saginaw County.

Wright responded, “The way the drain code is set up, it’s not always fair. (As the Genesee County drain commissioner) I don’t set your percentages. This board has no control over what a public works commissioner (charges). I appreciate your point, but it’s not up to us to follow each community.”

Gregg added, “You have the right to appeal the assessment.”

Krupp said, “The Saginaw County public works commissioner brokered this deal without (involving us).” He didn’t feel as though the board should be taking the agreement to a vote the same day it’s introduced.

Wright, referring to the agreement said, “In this document are things we’ve talked about all along. If there were new things, I could see the need to look it over. As the chairman has stated, there are plenty of appeal processes.”

Wright continued, “We need to get to work, get moving dirt.”

Attorney Michael Woodworth pointed out that there is an Aug. 8 hearing date for Albee Township’s appeal. If the agreement is approved, then Albee would be willing to dismiss their appeal.

Albee Township Supervisor Leon Turnwald confirmed that if the agreement is approved, they would dismiss the appeal.

Midland County Drain Commissioner Doug Enos, who represents Saginaw County on the Misteguay board, asked, “Can we vote on this?” He then moved to accept the agreement crafted by Albee Township and the Saginaw County Public Works commissioner.

The votes were Saginaw and Genesee counties in favor, Shiawassee opposed. The agreement passes.

Wright added, “I also request that Albee Township drop their appeal.”

Woodworth agreed saying, “Albee needs to show good faith by dropping the lawsuit.”

Wendling said, “I don’t see this happening unless the proposal is fulfilled. One of the conditions of the proposal is that this board, by motion, agree that the petition will not be abandoned unless adequate funding cannot be acquired.”

Wright said, “Short of financing or a natural act of God (it’s going to go through).”

Later in the meeting, the drain board approved extension on the $800,000 note with Chemical Bank, aware that the interest rate is likely to increase. Gregg was authorized to sign the note for the district.


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