Howard changes vote
Published 2:50 am Wednesday, June 18, 2008
By By NORMA LERNER / Niles Daily Star
NILES – The Howard Township Board for the last few years has wished to restrict truck traffic on Barron Lake Road, a primary road in the township. They had "No Truck Traffic" signs made up to post, but the board Tuesday night in a heated meeting changed its course and voted 4 to 3 not to do so.
Trustee Irving Frost moved to bring the tabled matter from last month back to the table. He was interrupted while trying to make the motion by Trustee Shelby Farmer, who apologized for interfering. He moved to repeal ordinances 172 and 177 to prohibit the operation of through commercial vehicles on Barron Lake Road and proposed ordinance 178 dealing with regulations and penalties.
This motion was passed by Frost, Mike Richmond, Supervisor Mike Sutherland and Clerk Shirley Tuttle. Treasurer Shaune Timm, George Johnson and Farmer voted against it.
The board had been waiting to hear from its attorney, but Frost said he wanted to repeal them and not replace them with any other ordinances at this time. He was against what is happening that the Cass County Road Commission would have to pay back to the state funds expended of about $180,000 to $200,000. "If we do put up the signs and if we don't pay, the road commission will take us to court. If we pay it, there won't be any litigation. We are not talking about Howard Township but the whole county. How reasonable is this," he asked.
Frost said the trucks have been using the road since 1946-47 except during frost laws. "It's like tossing a coin. I feel like it's a two-sided coin." Frost said the township is trying to make things safer for everybody but to reroute trucks to White Street wasn't safe for trucks to go out on M-51 where there is a hill and a curve. Frost supports the people on Barron Lake Road, and if there was a way not to jeopardize township finances, he would go for it.
This angered Farmer, who said she was "stunned." She argued that Frost did a flip flop. "You have voted continuously in getting it (the road) made safer. If there was a problem, Mr. Bauckham would have told us we would have to repay funds. I represent the people who voted for us. I have spoken out for over a year. I am not going to stop now. Shame to any one of you."
Timm argued, "If you felt no, you should have said no. We have spent thousands of dollars for attorney fees."
Farmer argued the township has not incurred a single cent from Mr. Bauckham. "My money has paid for this."
Farmer resigned Tuesday at the end of the meeting.
Frost said the resurfacing of Barron Lake Road from Pokagon Street to Cook Street will have to be paid back of $170,000. That stretch of road was recently improved that included a bridge.
Road Commissioner Louis Csokasy said he came to the meeting as a commitment of the road issue. "This issue has been controversial from both sides. I did keep him (Sutherland) informed of the road commission. There has been a question on jurisdiction. It resolves around reasonableness. Is it reasonable to restrict truck traffic? Does the road commission feel it's reasonable to restrict truck traffic? When we have an answer of reasonableness, we will inform the board."
He told of several things the road commission is checking into such as truck traffic on other primary roads, Pokagon Township, the City of Niles, the Pokagon nation and the City of Dowagiac. Truckers will find alternate routes such as going into Dowagiac and coming down Dailey Road.
When truckers come down Barron Lake Road and see no truck traffic posted in Howard Township, there will have to be a turnaround for them to go back north to Pakagon.
At that time Timm read an appeals court's ruling about legal authorities having the power to prohibit the operation of commercial trucks on designated streets and said reasonableness is irrelevant. Farmer argued she would like to see evidence of other counties having to pay back. "We try to be fiscally responsible in this township. I believe to continue to post signs. It's not reasonable to have semis on a curve that is 35-miles-per hour with kids and houses. We all know they speed."
Sutherland countered that the township will cause problems that will be inherited by the next board and years down the road if we continue to fight. There will be lawsuits involved. "If we want to be reasonable, we should not have to spend dollars of taxpayers' money. We will be sued by the Michigan Truckers Association."
Following the 4-3 vote to repeal ordinances 172 and 177, township residents were dismayed. Resident Mike Smith said, "This takes the cake. This goes back to the former board. I am ashamed of you Irving. Are you not aware of the Michigan Appeals Court decision? Reasonableness doesn't apply."
Nelson Slavik said the board let the township down. "Everyone of you voted to have the trucks off. The four of you who voted against it are wimps. I am embarrassed to be in Howard Township now. I hope you will feel remorse if someone gets killed."