Road Commission Limits Property Use

2009-06-18 / Front Page

By Michael Ayala

Allowing private contractors use of road commission property has become a liability, Mackinac Road Commission Manager Dirk Heckman announced at a commission meeting Tuesday, June 9. Private contractors have been storing gravel, equipment, and materials on commission properties without receiving authorization first, and the practice needs to stop, he said, and he presented a draft to road commissioners at the meeting outlining when private contractors would be allowed to use the property.

Private contractors typically use the land when it is near a project they are working on, and the result is equipment and gravel that can remain on commission grounds for years. Multiple contractors may use the same lot, which can then lead to arguments about who owns what materials, he said.

Long storage periods also cause problems for the agency when its own contractors need the space.

Under the proposal, each use of the road commission lots would be decided on a case-by-case basis, and only if the commission would stand to profit from the agreement. In the event that permission is granted to the private contractor, a cash bond would be required. The fee covers an inspection of the contractor's materials and activities, restoration of the used site, and the time spent at the site.

The commission also expressed interest in creating a fee schedule to make it easier to give private contractors price quotes, but the idea was tabled for a future meeting.

Mr. Heckman said the agreement would enable the commission to profit from the use of its property, but he said this was not an effort to compete with other storage businesses. Preventing liabilities is the primary goal of the draft, he said.

The commission unanimously adopted the draft. The private contractors using commission property were notified that they have 30 days to remove their materials from the commission lots.

The commission may need to periodically check on the sites until the new policy becomes well known, Mr. Heckman said.

Complaint Letter Addressed

The commission took no action but heard concerns from an excavating company owner about a perceived abuse of power by another contracting company.

Eric Gibbons of Gibbons Excavating sent a letter to the road commission concerning another contractor's perceived unfair business advantage, as an inspector for the Mackinac County Road Commission. To obtain a permit application for new driveways or any roadwork involving the Mackinac County Road Commission on the Bois Blanc Island, Mr. Gibbons' letter stated, Mr. Gibbons must send an application to his competitor, who conducts inspections for the board. The competing business would then be able to obtain Mr. Gibbons' customer information, he said. Mr. Gibbons requested a written response to his concerns.

Although Mr. Gibbons was also concerned that the other business man would be in a position to approve his own company's work permit applications more quickly than Mr. Gibbons' applications, Mr. Heckman told The St. Ignace News this concern is unfounded, as the contractor does not have the power to sign and issue his own work permits. Approving permits is a power that lies solely with the Mackinac Road Commission, Mr. Heckman said.

The commission decided during the meeting that there is no conflict of interest, as stated in Mr. Gibbons' letter.

Both contractors declined to comment further on the matter.

Borgstrom Road Work Begins

Next Summer

The Road Commission discussed plans to begin work on the five mile Borgstrom Road next construction season. The project will be paid with the $850,000 stimulus funds the commission received. The funds were initially allocated for work on Mackinac Trail, although the National Forest Service has received stimulus funding that will be used for the trail.

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