GO BRIDGE, OR GO HOME Bridge Bundling Could Bring Efficiency to Michigan’S Bridge Problem Page 15

The Quarterly Journal of the County Road Association of Michigan

Volume 4 | Issue 4 Summer 2019

GO BRIDGE, OR GO HOME Bridge bundling could bring efficiency to Michigan’s bridge problem Page 15

IN THIS ISSUE: Good luck, bad luck has shaped Baraga County history Chair of the Senate Transportation Committee talks about roads

The Quarterly Journal of the County Road Association of Michigan

3 IN THIS ISSUE

4 PRESIDENT’S CORNER Crossroads is the quarterly publication of the County Road Association (CRA) of Michigan. The 83 county members of CRA represent the unified, credible and effective voice for a safe and efficient county road system in Michigan. 6 MEMBER PROFILE Baraga County’s history built on The Association, headquartered three blocks north of the State Capitol, is good and bad luck. dedicated to helping members promote and maintain a safe, efficient county road system including stewardship of the county road right-of-way in rural 11 ASK MDOT and urban Michigan. Get with the program! Connected and CRA BOARD automated vehicles are coming. PRESIDENT: David Pettersch, Gladwin VICE PRESIDENT: Richard B. Timmer, Chippewa 13 LEGISLATOR PROFILE SECRETARY-TREASURER: Burt R. Thompson, PE, Antrim Sen. Tom Barrett served his country and now DIRECTORS: John M. Hunt, Huron serves as Transportation Committee chair. James M. Iwanicki, PE, Marquette Joanna I. Johnson, Kalamazoo 15 GO BRIDGE, OR GO HOME Dennis G. Kolar, PE, Oakland A bold strategy to address a critical issue quickly. Bradley S. Lamberg, PE, Barry Michael A. Maloney, PE, Ontonagon 19 LEGAL ISSUES CORNER Douglas J. Mills, PE, Baraga Two disparate cases, two similar decisions. Larry Orcutt, Alpena Fred Peivandi, PE, Genesee 23 AWARDS SEASON Douglas Robidoux, Mason Celebrate the winners from the Walter J. Schell, PE, Macomb 2019 Highway Conference. Steven A. Warren, Kent Joyce Whisenant, Muskegon 31 BRIDGING THE GAPS How to present boring numbers without DIRECTOR & Denise Donohue, CAE, APR boring the audience. PUBLISHING TEAM: Jeff Bleiler, [email protected] Dustin Earley, [email protected] 33 COMMUNICATIONS CORNER Let loose and have some fun with your No part of this publication may be reproduced without permission of the Facebook page. editor and the County Road Association of Michigan. Opinions expressed by columnists and contributing authors are not necessarily those of the County 34 EDITOR’S NOTE Road Association of Michigan, its officers, employees or the editor.

Advertisers and sponsors are solely responsible for the accuracy of information in their ads.

What’s new for winter? The Fall 2019 issue of Crossroads will look at innovative approaches to winter maintenance for county road agencies. ON THE COVER: Crossroads’ editorial team wants to hear from you. Call Miller Road, a county road over railroad tracks that leads CRA at 517.482.1189 and share ideas for future issues! to Ford Motor Company Dearborn truck plant in Wayne County, is in such dire condition that it requires more than Crossroads individual articles now shareable online! 400 temporary supports to keep it from being closed. Crossroads online has a new digital reader featuring an enhanced share function for individual articles. (Photo courtesy of the Michigan Department of Transportation) To share your favorite article(s) from this and other issues on Facebook, Twitter or through email, head to micountyroads.org/newsroom/crossroads.

micountyroads.org Summer 2019 3 The Quarterly Journal of the County Road Association of Michigan

PRESIDENT’S CORNER

The winter of 2019 started fairly We look forward to being part of the discussion, and even cooperatively in early January, but more, part of the solution. Mother Nature quickly taught us who was in charge by the end of the month. CRA has established our county road agencies as the local Through the challenging weeks that road professionals, and as such, we need to have our voices followed, county road agencies across heard during funding discussions in Lansing and across the the state showed the motoring public just state. We fully intend to do just that. how resilient we are. Twenty-four hours At the time of writing this article, the summer construction a day, agencies kept the plows moving season is about to begin. While I work from an office, my and kept the roads open. heart will always be in the field. This kind of determination makes me extremely proud to The excitement of a new construction season is upon us. represent the 83 county road agencies across Michigan, as The dreams have become plans, the material ordered, and CRA President for 2019. the equipment ready to work. As we head out to repair, While I recognize the challenges that face our association rebuild and maintain our roadways this summer, I wish you in the coming year, I can’t help but appreciate how far we a safe and successful construction season. have come. CRA has become the vocal advocate for local I look forward to meeting many of you in the coming year road agencies in Lansing and is building on its strengths to and serving to lead CRA in the challenges that lie ahead. continue protecting and advocating for safe, efficient and sustainable roadways.

While CRA has met many challenges and overcome obstacles, we must remain vigilant, protecting our roads and right-of-way at every turn. David Pettersch Road funding has again reached the forefront in Lansing, and CRA President you can bet that I – and everyone else at CRA – will fight for Managing Director fair and adequate funding for all agencies across the state. Gladwin County Road Commission

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Michigan Crossroads Magazine, 05-18.indd 1 5/21/2018 8:39:07 AM The Quarterly Journal of the County Road Association of Michigan

MEMBER PROFILE

State Rep. Greg Markkanen (R-Hancock), far left, poses for a photo with members of the BARAGA Baraga County Road COUNTY Commission staff.

Good luck, bad luck has shaped the history of Baraga County

It’s perhaps cliché, but twists and turns Ford longed to be accepted into the from state maps, although physical of fate have set the course for the people uber-exclusive Huron Mountain Club evidence of the abandoned almost- and the roads of rural Baraga County, (HMC), which lies north of Marquette highway remains. which anchors the UP’s Keweenaw along the Lake Superior shore. The club Peninsula. was limited to 50 members, and Ford had The top 13: Largest to wait – which didn’t sit well. With 8,800 residents, it is one of the least Counties in Michigan populated counties; however, Baraga is At the time, the Michigan State Highway Michigan’s 13th largest county with about Department was building M-35 along the 1. Marquette 1,821 sq. mi. 900 square miles of rugged land. The shoreline working north from both L’Anse 2. Chippewa 1,561 sq. mi. Huron Mountains dominate the eastern and Marquette. They were nearing club 3. Ontonagon 1,311 sq. mi. half of the county, including Mount property to complete the connection. 4. Schoolcraft 1,178 sq. mi. Arvon, at 1,979 feet the state’s highest 5. Delta 1,170 sq. mi. In one of many land acquisition natural point. 6. Iron 1,166 sq. mi. maneuvers common to roadwork, 7. Menominee 1,044 sq. mi. And therein lies one of fate’s “roads not Ford purchased land adjacent to HMC, 8. Mackinac 1,022 sq. mi. taken.” successfully lobbied Lansing to halt M-35 9. Gogebic 1,019 sq. mi. In a stroke of GOOD LUCK for early 20th construction, to HMC’s delight, and was rewarded with admission to the club. 10. Houghton 1,011 sq. mi. century Baraga, Henry Ford established 11. Sanilac 963 sq. mi. his UP base of operations there in the BAD LUCK? M-35, the state highway 12. Alger 918 sq. mi. still-quaint company towns of Pequaming that could have brought tourism, major 13. Baraga 904 sq. mi. and Alberta, milling local trees into development, and the Circle Michigan boards shipped downstate for auto Tour more fully into Baraga County, was Source: Census 2000 Public Law 94-171 Redistricting Data, U.S. Census Bureau. manufacturing. never completed and has disappeared

6 Summer 2019 Crossroads “We’ve had four significant “It’s good that the 2% profits from flood events in recent years, slot machines go to Baraga County JUST THE including 15 sites damaged government,” Mills said. “The road by the 2018 Father’s Day commission can apply for those funds rainstorm. We were able to on a quarterly basis for road purposes. Baraga County Road Commission work with the tribe to rapidly Many other counties have their MDOT secure Bureau of Indian Affairs maintenance contract to help even out the L’Anse (BIA) funding to repair roads, financials; we have our program with KBIC Staff: 18 full time culverts and bridges within or and the BIA.” No. of commissioners: 3 (appointed) leading into the reservation boundary,” Mills said. Maintenance contract and Miles of paved roads: Total: 178 Primary: 124 Local: 54 Mills works with KBIC road MDOT Garage administrator Jason Ayres to Miles of Another unfortunate twist of fate for maintain its roads, culverts and unpaved roads: Total: 318 Primary: 25 Local: 293 BCRC was the arrival of a telegram bridges serving the reservation. from the state in 1928, cancelling its MDOT contract: No Some snowplowing is also maintenance contract and setting up its performed by the KBIC public No. of bridges: 46 own MDOT garage that today is just works department on tribal Annual budget: $5,500,000 (FY 2018) under a mile away from BCRC. roads and driveways for its Local revenue: $630,000 (FY 2018) senior citizens. Not having the state maintenance contract Annual snowfall: 220 inches has some upside, in that BCRC does not While the KBIC gaming have to pay for and keep these winter BCRC established: May 2, 1901 operations are modest in size plowing crew members on staff during compared to other Michigan No. of garages: 4 the summer – when the state’s financial tribes, it’s worth noting that support for them dries up, Mills said. Ofﬁce built: 1957 the development of Indian FUN FACT: gaming was founded in Baraga At the same time, not having the MDOT BCRC maintains over 2,400 culverts – three times County with blackjack tables contract has put BCRC behind the 8-ball in the state average of 1.7 culverts per mile. This is in a two-car garage along the maintaining its fleet. due to Baraga’s topography that drains water from rural Skanee Road in the village high elevations like a funnel into Lake Superior. of Zeba on New Year’s Eve Most “contract counties” purchase newer 1983. It was the brainchild of equipment on a regular basis to service the Fred Dakota, at that time a cash- state trunkline and receive reimbursement strapped tribal member acting on his to offset costs and provide cash flow for Building connections with own idea. replacement on a more expedited basis. the Keweenaw Bay Indian From that small operation and events in “For our equipment, we have an aged, Community Baraga County, Indian gaming quickly but debt-free fleet that is over 17 years old on average. Many vehicles have very high On the bright side, the Baraga County took off and expanded across Michigan mileage, and some have been refurbished Road Commission (BCRC) has long and all over the country. worked cooperatively with the Keweenaw Bay Indian Community (KBIC) for the mutual benefit of all. KBIC of the Lake Superior Band of Chippewa Indians is located in Baraga County and has dual land bases on both sides of the Keweenaw Bay. The L’Anse Indian Reservation encompasses one-third of Baraga’s land area and is the largest reservation in Michigan, which presents transportation challenges and also provides many opportunities to both entities. “Working with the tribe opens up very beneficial opportunities for the road system,” said Doug Mills, PE, engineer- manager of BCRC since 1993, and A portion of the 1932 Official Michigan Highway Map from the Michigan State Highway longtime CRA board member. Department shows incomplete M-35 segment through Huron Mountains as “impassable.” micountyroads.org Summer 2019 7 The Quarterly Journal of the County Road Association of Michigan

BCRC staff: “Can do” spirit BCRC also has an over 60-year-old, The UP is known for resilience, and the outdated but debt-free building that BCRC staff is no exception. serves as office and main garage. “We run very lean, having one-third Modern-sized trucks can hardly get in fewer employees than we did a couple of and out of the building, said Roy Koski, decades ago. Yet if we have a need, our BCRC commissioner for 35 years and people always come through; we try to Michigan’s second-longest serving road hire capable people who can multi-task,” commissioner. “We need a new facility, Mills said. which will also allow us to consolidate “Local public support has been great; we and get rid of our aging outbuildings,” State Rep. Greg Markkanen (R-Hancock), left, have a 2-mill county road millage that Koski said. visited the Baraga County Road Commission has been in effect since 1981. However, and met with Doug Mills, PE, engineer- Despite the challenges, BCRC staff are manager of the road commission. it only generates a modest amount of optimistic as new road funding ramps about $400,000 to $500,000 per year, a up, Mills said. far cry from what 2 mills would generate “The big conundrum that I see is the to extend their useful life,” Mills said. in a more affluent county like Oakland,” roads were built and now we can’t Mills said. “If Baraga still had the state contract, I afford the system we have, unless do believe the fleet would be newer and “We may not have the high traffic, but attitudes toward funding change,” the equipment and facility assets would we still have a huge and spread-out Mills said. “In private business or your be managed differently with the ability to road network we are responsible for personal life, you either generate more receive reimbursement from the state. As with challenging drainage and poor soil income or have the option to get rid of it is, we retire older trucks and purchase conditions. Of course in big snow country, an asset you can’t afford, and we can’t 8-, 10-, 12-year-old trucks – those are the winter operations gobble up much of the do that. Road commissions can’t start ‘new’ trucks in Baraga.” operational funding,” Mills said. over with a clean sheet of paper.”

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10 Summer 2019 Crossroads Ask MDOT CAVs are coming. Are you ready?

Technological advancements permeate just about every crevice of our lives. MDOT Intelligent Smart phones, virtual assistants (Ask Transportation Systems Alexa®), appliances with increasingly program manager Collin intuitive abilities. Castle spoke to road agency staff at the 2019 That kind of technology has reached Highway Conference. roads, and over the next few decades will need county road agencies’ attention.

In this edition of “Ask …” we spoke with Collin Castle, MDOT Intelligent Transportation Systems (ITS) program manager, about where connected and automated vehicle (CAV) technology stands and what county road agencies should be thinking about with respect to both.

“Pretending like they don’t exist, that’s the wrong approach,” Castle said. “They’re here.” “One of the messages is automated Everyone will be impacted at some point. Connected vehicles communicate with vehicles are going to happen regardless of nearby vehicles and structures; and infrastructure, so the same things you’re “One of the applications of the autonomous vehicles operate in isolation doing to support regular motorists would technology, particularly automated from other vehicles using internal sensors. be valuable to automated vehicles,” vehicles, that’ll happen everywhere CAVs leverage both capabilities. Castle said. “High quality lane markings is providing mobility solutions to are really important, and you want to underserved areas as demonstrated Castle said county road agencies would have that without automated vehicles. So as part of the Michigan Mobility be well served taking into consideration keeping those assets in good condition is Challenge,” Castle said. both types of vehicle technologies when important.” making improvements to infrastructure. “MDOT in collaboration with MEDC put “But what about in inclement weather out a request for proposal to showcase “When it comes to the connected side when those lane markings are covered or the use automated vehicle technology to of things, with signalized intersections, on gravel roads where there are none?” serve persons with disabilities, and this [the question is] when do you put in that Castle said. “An automated vehicle is application is not just for urban areas.” radio that allows you to communicate going to have to make a decision on with cars?” Castle said. “When you’re how to operate regardless of the lane How soon will automated and connected modernizing a signal, there’s a cost markings.” vehicles be mainstream? Hard to say, but associated with that radio and it’s it could be as soon as a decade or two. incremental in relation to the overall The need to embrace CAV technologies cost of modernizing signals. But we’re is not unique to urban or rural counties. “It’s coming,” Castle said. not modernizing a signal every year, so putting in the foundational elements to support connected vehicles is important.” CLICK For more information on connected and automated vehicle technology, from the $8 Million Michigan On the automated vehicle side, decisions HERE Mobility Challenge, visit planetm.com are more challenging. micountyroads.org Summer 2019 11 The Quarterly Journal of the County Road Association of Michigan

12 Summer 2019 Crossroads Sen. Tom Barrett, center, chair of the Senate Transportation Committee, meets with into how the Senate is approaching the Clinton County Road Commission representatives, from left, commissioner Gail Watkins; retiring managing director Joseph Pulver, PE; and new managing director Doug Steffen. issue? SEN. BARRETT: We’re approaching it very seriously. The Governor put out a really aggressive plan, and my district, that elected me to advocate for them, has been vocal about not supporting it the way it stands. But we want to be cautious and really examine what the Governor put out and assess where our priorities are as a caucus. We did raise road funding in 2015 and a lot of us want to see that fully implemented while we continue to look at other LEGISLATOR PROFILE efficiencies and innovations. CRA: Can you tell us about your relationship with the road agencies in your STATE SENATOR TOM BARRETT district? State Senator Tom Barrett, who represents the 24th District, including Clinton, Eaton and SEN. BARRETT: I try my best to be Shiawassee counties and bits of Ingham County, is a jack of many trades. open and receptive with every level of The recently elected Senator has extensive military experience, including overseas government in my district to learn about combat deployment; is an active helicopter pilot for the Michigan National Guard; has the issues that are important to them and worked for the Michigan Department of Treasury; and served two terms in the House of see where their priorities are and the things Representatives and is Chair of the Senate Transportation Committee, among many other they see as obstacles to them doing the achievements and accomplishments. best job they can.

How does Sen. Barrett’s experience affect his view of transportation issues in Michigan? I strive to be an approachable person Crossroads and CRA deputy director Ed Noyola sat down with Sen. Barrett to find out. so people feel like they can come to me and be open without feeling intimidated and learn from the folks who have more experience than me. I never try to pretend CRA: Tell us a little bit about your God” to the Pledge of Allegiance in the early to be an expert in something I’m not, so I background and how you came to have 1950s. My father is also involved in politics, try to defer to those that are and welcome such a variety of experience. so I like to say it’s something that’s in my that feedback as much as possible. blood. SEN. BARRETT: I grew up in Madison CRA: What can county road agencies do Heights in Oakland County as one of seven In 2014, I ran [for office] out of a motivation to help their legislators stay informed on kids. I didn’t know what I wanted to be that at the time we had the second highest recent and upcoming transportation issues? when I grew up, so I joined the Army right unemployment rate for veterans in the out of high school in June of 2000, just entire country. I had seen that first hand and SEN. BARRETT: As a sincere request, and before 9/11. I had never been on an airplane struggled with it myself. I was the only Iraq this is not a criticism, I would challenge the before basic training, and before Christmas War veteran in the House of Representatives groups in the transportation space to come that year I was in South Korea. I wanted to for the 2014 term, and I’m currently the only up with more ideas that go beyond asking be a helicopter pilot right out of the gate Iraq War veteran in the Senate. for more money. and worked my way toward it. After my We recognize that, yes, we would like initial two-year deployment, I stayed on part CRA: How has your unique array of life to spend more money on roads and time while I finished college going through experiences affected how you approach infrastructure. But there may be other more deployments in that same time period. transportation issues in Michigan? issues like material pricing that won’t I entered flight school in 2009, graduated in SEN. BARRETT: I drive on the roads like take money to fix but rather political will 2011 and moved back to Michigan at that everyone else. I like to try to find solutions and legislative work. Bidding is another point. to problems. Whether that’s something like example. The bidding process can CRA: How did you come to be involved in veteran affairs that I have experience with or disqualify the use of certain contractors or state politics? something like transportation that everyone materials because of stringent rules. We deals with, it’s about finding real solutions can fix that without injecting more money SEN. BARRETT: I’ve always liked politics that work, where everyone walks away with into the system and it will improve the and policy. My degree is in public policy so something they want, but often the solutions outcome of getting more traction with that’s something I have always enjoyed. we have are not easy or perfect. existing funding. My great-grandfather, Louis Rabaut, was a congressman in Michigan first elected in CRA: It seems that road funding has been a Those experienced in this business can help the 1930s. He’s best known for introducing top priority for the Legislature since the start educate legislators on these kinds of issues the first resolution to add the words “under of this session. Can you give us any insight and build that trust. micountyroads.org Summer 2019 13 The Quarterly Journal of the County Road Association of Michigan

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14 Summer 2019 Crossroads 17321_HIP Half Page Ad_CRA Directory_FINAL.indd 1 4/25/17 9:01 AM GO BRIDGE, OR GO HOME County road agencies work with MDOT

to address dire bridge situation Mud Lake Road in Houghton County

Michigan’s got a bridge problem. “People have really rallied around this multiple bridges in a small region in goal, and the collaboration has been efficient sequence. One in eight are structurally obsolete, and outstanding,” said Matt Chynoweth, PE, although road funding is increasing, bridge chief bridge engineer and director of the Doug Mills, PE, engineer-manager for funding is not. MDOT Bureau of Bridges and Structures. Baraga County Road Commission and “Folks don’t want to think about: ‘If I’m a longtime CRA representative on the A new idea is needed. going over or under this bridge, am I LBAB, sees potential for progress in Background safe?’” bundling. Bridges have been tied to a static half-cent How it works “Bundling can mean packaging several of funding through the state fuel tax since different structures together, regionally, Bridge bundling departs from traditional 2005, resulting in: by type of work, various categories, bridge building practices in that a group complexity,” Mills said. “It’s about trying • Nearly 500 local agency bridges rated in of bridges linked by geography, size, to catch up on a huge backlog in a short serious or critical condition. condition and/or delivery method would period of time and get them constructed • More than 1,000 of Michigan’s 5,700 be bid out, or let, as a package. more efficiently and for less dollars.” local bridges are load restricted. The projected savings – estimated up to 30 Including the state, 312 agencies own • Another 60 closed due to their condition percent over traditional building methods at least one bridge – all 83 county road or structural capacity issues. – come from the contractor working on agencies, 148 cities and 80 villages. Money is short, again. The multi-agency Of those, 77 own just one bridge. So Local Bridge Advisory Board (LBAB) oversees partnering with other agencies in a $48 million per year to meet more than $300 bundling program brings expertise and million in project requests annually. Untold efficiency. other bridges aren’t even submitted for Delivery of the bridges can come in a funding because the backlog is intimidating. variety of ways as well to realize more But there may be hope in the form of savings. Some might go through the an MDOT-led, local road agency bridge traditional design/bid/build process bundling initiative with an aggressive goal: while others through private/public Zero critical and serious local bridges by partnerships or design/build/finance/ 2025. operate/maintain programs. micountyroads.org Summer 2019 15 The Quarterly Journal of the County Road Association of Michigan

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16 Summer 2019 Crossroads

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While the idea of bridge bundling Some of the more than 400 temporary is new to Michigan, other states have employed the strategy, with supports for the Miller Road bridge some completing their programs.

over a railroad in Wayne County. The • In 2008, Missouri launched temporary supports are necessary to an ambitious effort to replace keep the bridge from being closed. 802 bridges at a cost of $685 million and completed the program a full year ahead of the five-year goal.

• In 2014, Pennsylvania began replacing 558 bridges at a Can it work? opportunity to start talking again (about cost of $899 million and Already, MDOT and county road local bridges). A bridge is a bridge is a finished in three years. agencies have collaborated to collect bridge.” • Massachusetts’ $3 billion and analyze local bridge data, with a Initial MDOT estimates peg the number Accelerated Bridge Program feasibility report expected to be delivered of “serious” and “critical” bridges at 800 was adopted in 2008. Of 200 to Governor Whitmer’s desk this spring. to 1,000 structures of the total of 11,126 advertised contracts awarded bridges in Michigan at a cost of $800 under the program, 161 “MDOT has ultimate responsibility for million to $1 billion. focused on the replacement or all the bridges in the state and is working repair of 270 different bridges to improve all bridge needs. It’s not “The level of investment has not been and the other 39 supported acceptable to say, ‘These are local agency commensurate with the amount of maintenance/preservation of bridges, we can’t do anything with infrastructure out there,” Chynoweth other bridges. them,’” Mills said. “They’ve delegated said. “Two years or so ago, we started bridge inspection to local agencies, investigating [the bridge issue] and didn’t “It doesn’t matter if you’re driving in a race, or taking your daughter but ultimately they are responsible for want to be in a situation where it was making sure it all gets done. MDOT vs. locals. We really wanted to Michigan’s goal is focused on life safety, to school; smoother roads are safer for you and your family. That’s partner and figure out the best way. This mobility and having positive impacts on why almost all NASCAR tracks are asphalt, and why I prefer it, “MDOT leadership has stepped up to the is a Michigan bridge issue. We can’t only the economy. Many agree it’s the best no matter my speed.” plate. This is a fresh start, a fresh look at care about MDOT bridges. Our families proposed solution to a critical program bridges, a fresh welcomed attitude and drive across all the bridges.” in a long time. -Brian Scott | Richard Petty Motorsports #44 | Father “With the right amount of money and contracting capability, it can be (part of “This is a fresh start, a solution),” Mills said. “Other states a fresh look at bridges, have bundled bridges together, and a fresh welcomed we’re looking at that and all the issues of getting bridges under contract and A SMOOTH RIDE attitude and opportunity built. Some are easy, some are complex. It’s just one of the ways asphalt delivers drivability. to start talking again It’s typically two to five years for a (about local bridges). bridge to be delivered, and moving that LEARN MORE AT DRIVEASPHALT.ORG A bridge is a bridge window up will be a challenge.” Asphalt Pavement Association of Michigan SMOOTHNESS NOISE SAFETY SUSTAINABILITY CONSTRUCTION is a bridge.” As of press time, nearly every county 800.292.5959 WWW.APA-MI.ORG road agency had worked with their - Doug Mills, PE, engineer-manager municipalities assessing the overall The Asphalt Pavement Alliance is a partnership of the Asphalt Institute, National Asphalt Pavement Association and the State Asphalt Pavement Associations. for Baraga County Road Commission bridge picture. & Local Bridge Advisory Board member

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18 Summer 2019 Crossroads Medical marijuana and the job offer; pediatric dental contract and objection to bidding process

Medical marijuana and children’s dentistry don’t usually mix, but two Michigan Court of Appeals cases involving them were recently decided on similar grounds.

CASE #1 the medical use of marihuana in accordance with this act.” MCL In the marijuana case, Angela Eplee v. City of Lansing and Lan- 333.26424(a). sing Board of Water and Light, MCA No. 342404, February 19, 2019 (Unpublished), the Court of Appeals determined that an The court determined that while employer who rescinds an offer of employment has not violated the MMMA grants immunity, it the Michigan Medical Marihuana Act (“MMMA”), when it ter- does not create affirmative rights. minates the offer of employment based on a failed drug test. The court concluded that Eplee did not show that she suffered a In this case, Angela Eplee was offered a job with the Lansing “penalty” under the MMMA, by Board of Water and Light (“BWL”), contingent on her passing a failing to demonstrate “some pre-existing entitlement or right drug screening test. Upon learning that a drug test was required, or benefit that has been lost or denied.” Eplee therefore could Eplee informed her supervisor that she was a qualified patient not establish “that she had any right or property interest of any under the MMMA. When her drug test was returned positive manner in employment with the BWL.” for tetrahydrocannabinol, the active chemical in marijuana, the BWL rescinded Eplee’s offer of employment. She also did not show “that there was any prohibition — stat- utory or otherwise — on the BWL’s ability to withdraw — for Eplee argued that the MMMA protected her from any adverse any or no reason at all — its conditional offer of employment.” employment consequences arising out of her use of marijuana, Accordingly, the Court of Appeals affirmed summary disposition by providing that a medical marijuana cardholder cannot be for the BWL, finding that Eplee failed to state a claim on which “penal[ized] in any manner, or denied any right or privilege, for relief could be granted.

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20 Summer 2019 Crossroads CASE #2 The court determined “that a disappointed bidder does not have standing to challenge the bidding process.” Because MCNA had In the second case, MCNA no expectation to be awarded the contract, it could not “show Insurance Company (d/b/a an injury arising from the failure to be awarded the contract.” MCNA Dental) v. De- Thus, MCNA was not an aggrieved party and had no standing partment of Technology, to bring an appeal in the Circuit Court. Management and Budget (DMB), MCA No. 642646, Despite involving completely disparate facts, in the end, both January 15, 2019 (For Publication), four insurance companies the marijuana case and the Healthy Kids dental case turned on submitted bids seeking to provide the Michigan DMB with a the plaintiff’s inability to establish that a legally recognizable “Healthy Kids Dental Program.” right had been violated.

MCNA lost the bid to Delta Dental and Blue Cross Blue Shield of Michigan (BCBSM), but alleged that improper deductions were made in scoring its proposal, that BCBSM and Delta Dental were Matthew R. Willson is the Deputy General Counsel non-responsible bidders, and that the DMB improperly allowed for the Road Commission for Oakland County BCBSM to amend its proposal after the deadline for submission had passed.

JUNE 14, JULY 12, JUNE 12-13 SEPT. 11-12 JULY 26, SEPT. 9

UP Road Builders Roads+™ Golf 7th annual Northern/ Annual Summer Outings Southern Joint Conference Mark your calendars for these fun Conference Educational seminars and outings to enjoy with co-workers A two-day conference and networking are the highlights and CRA Associate Members: gathering of county road agency of this two-day conference at 22nd annual Northern Golf Outing, June 14, staff across the Lower Peninsula, Island Resort & Casino in Harris The Chief Golf Course, Bellaire the “No/So” as it has become in Menominee County. known returns to Firekeepers Urban Council Roads+™ Golf Outing, July 12, Casino in Battle Creek. REGISTRATION LIVE! The Links of Novi Southern Mid-Michigan Roads+™ Golf Outing, July 26, The Emerald Golf Course, St. Johns Friends of Transportation Roads+™ Golf Outing, Sept. 9, Binder Park Golf Course, Battle Creek REGISTRATION LIVE!

To register and for details on all CRA events, visit www.micountyroads.org/events.

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Act 51 has been around for a while, but it’s important to note that it has had 306 amendments. It has had 6 changes to the formula before arriving at the current “39-39-22” level. To those who question its age, respond by saying this isn’t your grandfather’s Act 51.

22 Summer 2019 Crossroads CRA AWARD SEASON HIGHLIGHTS

The 48th annual Member Awards ceremony at the 2019 CRA Highway Conference celebrated the many accomplishments of county road agency staff for distinguished service or who excelled in the areas of Communications, Collaboration and/or Operations through IMPRESS Awards.

A record-high 28 entries were received for IMPRESS Awards, with 22 of them receiving awards.

MEMBER AWARDS

Merit Awards Bradley Lamberg, PE, Barry County Road Commission Friends of Transportation Roads+™ Golf Outing Chair Joe Girskis, Montcalm County Road Commission Southern Roads+™ Golf Outing Chair Lance Malburg, PE, Dickinson County Road Commission County Engineers Workshop Chair Dave Czerniakowski, Road Commission for Oakland County Terri Taylor, Sanilac County Road Commission Urban Roads+™ Golf Outing Chair Finance & Human Resources Seminar Organizer Frank Fiala, Barry County Road Commission Burt Thompson, PE, Antrim County Road Commission Commissioners Seminar Chair Northern Roads+™ Golf Outing Chair

Distinguished Service to the Distinguished Service Award Distinguished Service Award Highway Industry Award Eric Wilson, JD Houghton County William McEntee Past Chair, Road Commission for Road Commission Staff Vice Chair, Transportation Asset Oakland County, Board of Road For response to devastating flooding in Management Council Commissioners June 2018 John Cima, PE, and Kevin Harju, PE

micountyroads.org Summer 2019 23 The Quarterly Journal of the County Road Association of Michigan

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24 Summer 2019 Crossroads IMPRESS AWARDS COLLABORATION

Berrien County Road Department Chippewa County Road Commission Clinton County Road Commission Berrien County Flood Emergency The Little Rapids Restoration Project: A Great Lakes Clinton County Road Commission Collabora- - Spring 2018 Restoration Initiative Success Story tion with Local Entities Pictured: Jason Latham Pictured: Tom VanDorn, Robert Laitinen, Bradley Pictured: Joseph Pulver, PE Ormsbee, and Dick Timmer

Emmet County Road Commission Road Commission of Kalamazoo County Roscommon County Road Commission Merging River Care and Asset Management Municipal Maintenance Technician Paving for our Neighbors Pictured: Brian Gutowski, PE, (Roadway Technician) Apprenticeship Pictured: Jim Porath, Tim O’Rourke, and Lisa Kleeman Stefanie Simmons, and Brian Vaughn

Saginaw County Road Commission Superintendents Association of Michi- Washtenaw County Road Commission Dixie Highway Project Reconstruction gan Southwest Council The Baker Road Roundabouts Pictured: Deb Kestner and Dennis Borchard New Employee Winter Training Class Pictured: Emily Kizer and Sheryl Siddall, PE Pictured: Eric Scott, Muskegon

IMPRESS AWARDS COMMUNICATIONS

Berrien County Road Department Ionia County Road Commission Kalkaska County Road Commission Social Media Ionia County’s Road Millage Mailer Road Trip! Pictured: Jason Latham Pictured: Morgan Prescott Pictured: John Rogers and Rebecca Hilmert and Dorothy Pohl, CPA

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26 Summer 2019 Crossroads IMPRESS AWARDS COMMUNICATIONS continued

Kent County Road Commission Midland County Road Commission Washtenaw County Road Commission Work Zone Safety Poster Contest Millage Brochure Employee Central Pictured: Steve Warren Pictured: Terry Palmer, PE, Pictured: Emily Kizer and Sam SanMiguel and Sheryl Siddall, PE

IMPRESS AWARDS OPERATIONS

Berrien County Road Department Delta County Road Commission Grand Traverse County Road Commission Asset Management Roads and Bridges Custom Built, Drop-in Sander Snowplow Wing Wiring Pictured: Jason Latham Pictured: Jody Norman, John Malnar and Pictured: Andy Marek, Tobin Javin, Nancy Roseman, PE Brad Kluczynski, and Wayne Schoonover, PE

Road Commission of Kalamazoo County Roscommon County Road Commission St. Joseph County Road Commission W Avenue – Scrap Tire Trials, The Sand Barn Post-Tensioning Timber Structures HMA Pavement and Chip Seal Pictured: Jim Porath, Tim O’Rourke, Pictured: Vince Mifsud, John Lindsey Stefanie Simmons, and Brian Vaughn and Rod Chupp

IMPRESS AWARDS PEOPLE’S CHOICE Collaboration Communications Operations Emmet County Road Kalkaska County Road Delta County Road Commission Commission Commission Merging River Road Trip! Custom Built, Washtenaw County Road Commission Care and Asset Drop-in Sander WCRC Storage Woes Management Pictured: Emily Kizer and Sheryl Siddall, PE

micountyroads.org Summer 2019 27 The Quarterly Journal of the County Road Association of Michigan

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28 Summer 2019 Crossroads Ronald Schwab has been elected road commissioner for the Arenac County Road Commission. Key transitions at… Dennis Skinner has been appointed road commissioner for the Gogebic County Road Commission. Corey Kennedy has been elected commissioner …Road Commissions Derrell Slaughter has been elected for the Jackson County Commission. and Departments commissioner for Ingham County Commission. Dave Adams has been appointed road Brad Kluczynski has been hired as manager of Travis Smith has been hired as fleet and commissioner for the Saginaw County Road the Grand Traverse County Road Commission. facilities manager at the Wexford County Road Commission. Stephen Lang has been appointed road Commission. Dieter Amos has been appointed road commissioner for the Presque Isle County Road Doug Steffen has been hired as the managing commissioner for the Antrim County Road Commission. director for the Clinton County Road Commission. Commission. Robin LaCroix has been elected road Mark Asselin has been elected road commissioner for the Schoolcraft County Road Emily Stivers has been elected commissioner commissioner for the Delta County Road Commission. for Ingham County Commission. Commission. Richard LaHaie has been elected road Phil Strong, PE, has been hired as engineer for Tony Bair has been elected commissioner for commissioner for the Cheboygan County Road the Gogebic County Road Commission the Jackson County Commission. Commission. Jack Thayer, PE, has been appointed road Barry Bolich has been hired as manager of the John Lindsey has been promoted to managing commissioner for the Monroe County Road Gogebic County Road Commission. director at the St. Joseph County Road Commission. Commission. Kenneth Bower has been elected road Chris Trubac has been elected commissioner for commissioner for the Menominee County Road Gerald Lucas has been appointed road Ingham County Commission. Commission. commissioner for the Alpena County Road Tom Van Dorn, PE, has been hired as engineer Nicholas Bowerman has been appointed Commission. at the Chippewa County Road Commission. road commissioner for the Ionia County Road Commission. Klint Marshall has been elected road Rob VerHeulen has been appointed road commissioner for the Ogemaw County Road commissioner for the Kent County Road Larry Brown, PE, has been appointed road Commission. Commission. commissioner for the Allegan County Road Commission. Les McClelland has been appointed road Timothy Ward has been appointed road commissioner for the Cass County Road commissioner for the St. Clair County Road Doug Burleson has been appointed Commission. Commission. commissioner for the Van Buren County Road Commission. John Midgley, PE, has been hired as managing Darius Williams has been elected director at the Calhoun County Road commissioner for Jackson County Commission. Bob Busch has been elected road commissioner Department. for the Isabella County Road Commission. Justin Wykoff has been elected road Vince Mifsud has been appointed road commissioner for the Roscommon County Ric Crawford has been elected road commissioner for the St. Joseph County Road Road Commission. commissioner for the Shiawassee County Road Commission. Commission. Greg Mikowski has been elected road Tom Eckerle has been elected road commissioner for the Leelanau County Road … Mile Markers commissioner for the Leelanau County Road Commission. Commission. Jim Cook, manager, has retired from the Grand Traverse County Road Commission after six Ron Frailing has been elected road Tommy Miller has been elected commissioner years of service. commissioner for the Iron County Road for the Calhoun County Commission. Commission. Donald Patnode, assistant superintendent/shop Geoff Moffat has been appointed road foreman, has retired from the Wexford County Michael Frederick has been appointed road commissioner for the Van Buren County Road Road Commission after 23 years of service. commissioner for the Clinton County Road Commission. Commission. Joseph Pulver, PE, has retired as managing Thomas Morgan has been elected director of the Clinton County Road Bob Harrison has been elected commissioner commissioner for Ingham County Commission. Commission after 11 years of service. for the Berrien County Commission. Bert Notestine has been appointed road Joan Terzaghi, administrative/accounting Rochelle Hatcher has been elected commissioner for the Emmet County Road assistant, has retired from the Marquette commissioner for the Calhoun County Commission. County Road Commission after 10 years of Commission. service. Richard Olson has been elected road Chris Heugel has been elected commissioner commissioner for the Keweenaw County Road for the Berrien County Commission. Commission. … In Memoriam Chuck Hinman has been elected road Mark Polsdofer has been elected commissioner commissioner for the Gladwin County Road for Ingham County Commission. On March 11, 2019, Ralph A. Lange, Commission. managing director for the Monroe County Richard Runnels has been elected road Road Commission from 1999 to 2008, passed Karen Hulliberger has been elected road commissioner for the Lake County Road away. commissioner for the Clare County Road Commission. Commission. Mary Samuels has been promoted to James Hyatt has been appointed road manager/director at the Mason County Road commissioner for the Midland County Road Do you have a staff member you Commission. Commission. want recognized in Crossroads? Call Mike Ingison has been appointed road William Schumacher has been elected road Dustin Earley at 517.482.1189, or commissioner for the Mason County Road commissioner for the Bay County Road email [email protected]. Commission. Commission. micountyroads.org Summer 2019 29 The Quarterly Journal of the County Road Association of Michigan

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30 Summer 2019 Crossroads They snooze, you lose How to present your numbers and messages in ways that will leave an impression

We’ve all been there. By the numbers. Limit your use of numbers. In fact, a singular number on a slide can pack a punch, such as the cost of pothole In a stuffy room with a dry speaker monotonously droning while damage. showing a PowerPoint overstuffed with data and numbers. The 10-20-30 rule. The “rule” states no more than 10 slides in No one wants to be in that room. And no one should be that a presentation, no longer than 20 minutes to tell it and no text speaker. smaller than 30-point type. Chris Gautz, public information officer for the Michigan No handouts beforehand. Once attendees have the printed Department of Corrections and former journalist, shared at presentation, Gautz says they will thumb through it, focusing on it CRA’s 2019 Highway Conference his tips for connecting with an rather than the speaker. audience without putting them to sleep. Be colorful. Color can help slides “pop” without losing the “The best way to communicate is to tell a story,” Gautz said. message. For example, white text on a dark background can help “If you have important numbers you’re trying to get across, drive home a point. whether you’re giving a presentation to your community on why you need a millage … or a presentation on building roads, Gautz said a good rule of thumb to remember is K.I.S.S., or Keep It that’s important. But we don’t want to be boring.” Simple, Stupid.

While PowerPoints are good presentation tools, there are tips to “Presentations don’t need to be long and drawn out,” Gautz said. getting the PowerPoint to truly engage the audience. “People’s time is precious, and you don’t want to waste it. Certainly not the time of your board or commission who controls your Among Gautz’s suggestions: budget or the public who is coming in to see your presentation.” Avoid excess words. Audience members will start reading “The key is to tell a story, not recite numbers,” he said. “Don’t what’s on the screen rather than listening to the presenter. fill it full of fancy buzzwords or corporate lingo or bureaucratic- An image can prevent that; after all, a picture is still “worth a ese. Make sure that what they’re learning is simple and thousand words” and is a good visual cue for the speaker. straightforward.”

Want to go the extra mile? Try these. There are several techniques presenters can use to enhance their presentations but maintain a professional look that’s lost when animated paragraphs and slide transitions are used.

Dimming effect: If a slide lists words or data, use the dimming Live polls: A good way to interact with the audience is by polling them effect to control which words the audience focuses on. A brief during your talk. Polleverywhere.com is compatible with PowerPoint. A video is available on YouTube with instructions on its use. Search great way to get community input! “dimming effect in PowerPoint” on YouTube. Word Cloud: Take a document or passage, run it through wordart.com, Spotlight effect: The spotlight effect will train the focus of the and select the image you want the words to create. Attention getting! audience on a specific part of a slide. Search “spotlight effect in PowerPoint” on YouTube. Others: Consider memes, gifs or Bitmojis to lighten up the presentation and add some humor.

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32 Summer 2019 Crossroads Fun featuring Facebook Police departments find success with social media humor, and county road agencies could, too

Face-to-face interactions with agitated citizens can be tense. Reasons to Use Social Media: Residents demanding their roads be paved or folks Positive public perception. Way to recognize complaining the plow knocked over their mailbox aren’t business and individuals happy. Vehicle to provide news who are going above and to the public. Yet, social media provides a forum where road humor is beyond. not only acceptable but encouraged, even on certain Additional platform Recruitment for new serious matters. for the public to report employees. information to you. Few know that better than two mid-Michigan police International connections. agencies whose social media prowess and use of humor Community praise/ have generated monstrous response. Despite policing a support. Professional relationships. community with around 2,000 residents, Bath Township (Clinton County) Police Department (BTPD) Facebook Community help. No cost. has about 62,000 likes! Neighboring East Lansing Police Source: East Lansing and Bath Township police departments Department (ELPD), using similar humorous tactics and college-town material, has about 11,500 “likes.” highway, got stuck and abandoned the bike. The post read: The two agencies were featured at CRA’s 2019 Highway Conference, sharing tips of how county road agencies can “You my friend have picked an entire benefit from humor – while gaining public support. bouquet of Whoopsidaisies. When you feel like coming to pick up the bike you left “As a police department or any other sinking in fresh poured concrete, come have a agency or company, it’s a positive public chat with us. #Takethatthingoffanysickjumps perception that’s a big thing,” said ELPD #Lookatmepassallthistrafficohnoimstuck Officer Katelynn Bennett, a three-year #Failtown“ veteran of the police force and member of ELPD’s Social Media Team. The post was shared nearly 3,800 times and received almost 900 comments. “It puts out there what we’re doing besides just doing traffic stops or BTPD Officer Avery Lyon, a four-year veteran of writing tickets or taking people to jail. It the department and BTPD Social Media Team actually shows the more in-depth part member, said his three-person team uses humor of our job,” Bennett said. daily and believes county road agencies could as well. One of ELPD’s more memorable posts included a photo of an officer looking “You could do a ‘roads are getting kind of for speeders at a recognizable location bad’ (post), which everyone knows, or you on a hot summer day and included can take something and create humor with it a hashtag of #BringUsIceCream. The and something that will be picked up by the next photo was of the officer posing community and reach more people,” Lyon said. with two residents who brought a “Whether people think you’re not being very couple cups of ice cream. professional or not, you’re always going to have those people. But it’s up to you to find your niche BTPD used humor to help spread and have some fun with it.” word of a motorcyclist who rode through a freshly-poured concrete #DontBeAWetBlanket micountyroads.org Summer 2019 33 The Quarterly Journal of the County Road Association of Michigan

EDITOR’S NOTE We all have a hand in playing the advocate card

The County Road Association – and all 83 of (Subscribe to the channel while you’re there!) Tell your own our members – are involved in a daily game stories of funding effectiveness and creativity. of education in a very public arena. • Listen to presentations at the many road panels now going How do we help Michigan residents support on across Michigan to hear the questions being asked. Most what we’re doing with road funds and the are online. need to finish the funding revamp? In other • Promote your work on social media channels. words, how do we best advocate on the subject of funding needs and our results? • Post the #FixMIRoads signs next to construction projects, including the cost. The public is largely unaware of the cost In mid-April, a new Marketing Resource Group poll out of Lansing of roadwork. found that for the second straight year, roads and infrastructure are the top concern of Michigan residents. Clearly, even in the • Bring in your township officials to get input on future projects third year of new road dollars, Michiganders aren’t convinced the and funding, and secure their support. problem has been adequately addressed. • Develop a good relationship with your local State We know it hasn’t. When the 2015 Transportation Funding Representatives and Senator. Show them the remaining Package was signed into law, all key players agreed it was a good needs, specific project costs and what you’ve done with new first step toward a $2.5 billion (at that time) need. dollars received so far. So how do county road agencies play the right cards when Like it or not, we’re all players in the card game of influence. discussing the full solution? If you aren’t playing an advocate card by telling your road commission’s “story,” someone else is playing your cards for • Talk about how you’ve used new road dollars so far, and you. And they probably won’t recognize the efficiencies and where you’ll use it going forward. CRA’s 2018 member survey creativity you’ve brought to the process. shows 88% of new dollars went to roads and bridges, 5% to equipment and 3% to boost underfunded liabilities, as required by the new law. • Review and share three new videos on CRA’s YouTube channel, Denise Donohue, CAE, APR which describe innovation in road funding from Montcalm, CRA Director Chippewa and Mackinac County Road Commissions. [email protected]

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