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News
By Allison Joy
IRON RIVER – The state of Michigan missing its federal quota for arrests related to driving under the influence has resulted in a reduction of roughly $5,000 in funding for the Iron County Road Commission.
Interim Superintendent Brad Toivonen updated the commission on the situation at its monthly meeting on Dec. 12.
“We had to do some funding reorganization because of the shortage of drunk driving arrests that were made statewide,” he said. “I guess we didn’t make the federal quota, so we got docked 1% statewide.
That figure is actually 2.5%, according to a spokesperson for the Michigan Department of Transportation, equating to $28.9 million in funds redirected from road and bridge programs into safety-related programs.
The issue isn’t really a shortage of arrests, but the possibility of shorter sentences following a 2020 bill that updated how Michigan courts sentence second and third offenders for drunk driving violations. The bill provided courts more flexibility in determining the length of sentences, specifically the ability to reduce or waive sentences if a defendant agrees to and successfully completes a specialty court program.
To secure full funding, the federal government requires all states to meet minimum sentencing requirements for individuals charged with operating while intoxicated, according to a memo sent by the National Highway Traffic Safety Administration. Those minimum sentencing standards are no less than five days of imprisonment or 20 days of community service for second offenders, and no less than 10 days imprisonment or 60 days of community service for subsequent offenders.
Michigan sentences for second offenders allow a court to decide between jail time (five days to one year) and community service (30–90 days), or a combination of the two. Subsequent offenders can face 1–5 years imprisonment or a combination of probation with imprisonment (30 days to one year) and community service (10–180 days).
The NHTSA outlined its sticking point with Michigan’s new policy in its memo: “Regardless of the number of previous offenses, repeat offenders who are sentenced to some jail time may have their term of imprisonment suspended if ‘the defendant agrees to participate in a specialty court program and successfully completes the program.’”
Data compiled by the State Court Administrative Office show that Michigan issued sentences to 2,391 second OWI offenders, 56% of which met the federal government’s minimum criteria. The average jail sentence issued was 90 days. The courts issued sentences for 1,745 subsequent offenders, 67% of which met the federal government’s minimum standards. The average jail sentence for subsequent offenders was 108 days.
Toivonen said that Iron County’s shortfall was low compared to those for Gogebic and Ontonagon counties, which were over $30,000 each.
Toivonen also addressed a backlog of permits related to laying cable for fiber optic internet.
"My plan is to get all the local projects scoped and bid documents sent out, have a February bid opening, so I can start reviewing the permits for the fiber optic and get those people ready to roll in the spring,” he said.
Toivonen said the most significant issues with most of the permits are related to existing water and gas lines, and that pressing federal aid projects had of late taken precedence over the fiber optic permitting.
Commissioner Ron Frailing suggested Toivunen’s work on the fiber optic permitting fell outside the duties of his role as superintendent.
“The concern is just the time that you have to put into it,” Frailing said. “If you don’t have the time for it, then should we be reimbursed for that time – if you’re taking extra time to work on that project, should you be doing it or should we hire something like GEI?”
GEI will be helping with third-party inspections and supervision as fiber is being laid. That cost will be covered by the engineering firm laying the lines, Atlantic Engineering Group. Internet service from the cables will be provided by Highline.
“The [GEI] contract is just to be out there as the fiber optic is being laid and making sure that it’s done as the permit was signed and agreed upon,” Toivonen said. “I don’t really feel comfortable having them doing … road commission work, as far as knowing the road and what’s going on. I think I should be doing that.”
Last June, Highline CEO Bruce Moore told the Reporter he intended to see cable start going into the ground in Iron County in August, and to connect 988 Iron County homes to its growing U.P. fiber network by the end of the year.
Toivonen said he hoped to review all fiber optic-related permits in February of 2024.
The Iron County Road Commission also addressed the following matters at its December meeting.
• Toivunen expressed concern about the timeline and cost of repairs needed for two bridges on Forest Highway 16, at the north and south branches of the Paint River. Bridge load limits were reduced last spring and currently loaded logging trucks are not legal to cross, creating concern over the impact on timber sales. Bids for the rehabilitation work, which includes trying to preserve the bridges’ deteriorating H-piles, are due Jan. 31, 2024.
• Delta County has approached the Road Commission about buying out the total of Iron County’s federal aid – $893,000 – for 2025 at $.80 per dollar. (The Michigan Department of Transportation will often buy back federal aid at $.90 per dollar but will not be doing so for 2025 or 2026 aid.)
• Iron County was approved for roughly $1 million in funding from the Federal Highway Administration and MDOT to repair flood damage to main roads from earlier this year. The Road Commission will need to come up with $200,000 in matching funds.
• Construction on County Road 424 to correct the slope of the curve between Blue Lake Hill and Blue Lake Pit is estimated to begin next summer, as are upgrades to Brule Mountain Road.
• The preliminary estimate from U.P. Engineering for bridge repairs at Wild River came in at $1.6 million. Toivunen said he planned to set up a meeting with the firm to discuss ways to cut the cost.
• The final load of salt needed to get Iron County through the winter was delivered to Oss Garage on Nov. 16, after delivery mix-ups involving supplier Cargill.
• When considering upcoming requests for proposals for next year’s bridge inspections, Toivunen also said to expect additional mandated bridge inspections to assess ratings for oversized loads.
The Iron County Road Commission meets the second Tuesday of each month at 8 a.m. More information is available at ironcountyroads.com.
Wendy Graham contributed to the reporting of this article.