By Bruce Rolfe
A legal working group from savekzootrees.org has thrown a new wrinkle into the Road Commission of Kalamazoo County’s (RCKC) tree removal plan that is part of the Safe Streets and Roads for All (SS4A) project.
Safe Streets and Roads for All (SS4A) project is a comprehensive 5-year federal grant program aimed at improving roadway safety and reducing serious injuries and fatalities in Kalamazoo County.
An email from the savekzootrees.org legal working group reveals the group is calling for action from both RCKC and the Kalamazoo County Board of Commissioners.
According to an email from Tiffany Sadowski asking county residents to contact each Kalamazoo County Board of Commissioner, a Kalamazoo County resident had a meeting with Kalamazoo County Board of Commissioners Chairperson Jen Strebs on September 9th. The email states that resident presented the idea that the Kalamazoo Board of Commissioners consider passing an ordinance to prevent tree cutting by the Road Commission. According to the email the same resident submitted a legal memorandum directly to Strebs outlining legal authority and strategy that the Kalamazoo County Board of Commissioners could take to stop the tree cutting.
The email adds Strebs has since passed it on to the other Board of Commissioners, and during the Sept 15th Board meeting, the county administrative team advised the legal memorandum be passed on to the RCKC.
The email adds Strebs also informed the Kalamazoo County resident the soonest the County Board of Commissioners can take action on the issue is at its October 6th board meeting at 6:30 p.m.
According to the email, the memo relates to all roadside trees in Kalamazoo County, not just those in the SS4A program.
The email adds if the Kalamazoo County Board of Commissioners needs more time for research or to prepare the ordinance, the Board consider voting on a moratorium on all tree cutting by the RCKC until an ordinance can be prepared and voted on.
The Crescent reached out to County Commissioner Jen Strebs but did not receive a response.
Initially, RCKC identified approximately 8000 trees for potential removal as part of the project.
A former spokesperson for SaveKzooTrees.org said in a September 10 email the group received 2,174 petitions from Kalamazoo County residents saying they care about the trees.
Mark Worden, public relations director Road Commission of Kalamazoo County, said RCKC did consider the concerns raised by residents, including the petitions from Kalamazoo County residents. He said public input, along with additional review by the RCKC engineering team, resulted in a significant revision to the original approach.
“Following additional engineering review and consideration of public input, that estimate was reduced by approximately 50%, to about 4,000 trees,” said Worden.
However the savekzootrees.org legal working group argues RCKC has not published a list of the trees it intends to cut despite claims that figure is now less than 8,000. The email from savekzootrees.org legal working group also states RCKC has not identified the statute that authorizes its plan to cut healthy trees.
The email said the savekzootrees.org legal working group is asking the Kalamazoo Board of Commissioners to:
• Adopt a resolution directing the Road Commission to publish the list of trees scheduled for removal, to identify in writing the statutory authority on which the plan to destroy 8,000 trees rests and the safety basis for the removal of each healthy tree on that list, and to suspend removal of healthy trees pending the Board’s review.
• Appoint a committee under MCL 224.25 et seq. to examine the plan’s legal authority and expenditures.
• Direct corporation counsel to prepare, for the Board’s consideration, a permit-and-hearing ordinance under MCL 46.110) governing removal of healthy trees from county road rights-of-way.
• Direct corporation counsel to evaluate the County’s standing to seek injunctive relief should cutting begin before the Board’s review is complete.
• Move to change the method of selecting county road commissioners from appointment to election, as authorized by law.
Betsy E. Havens, JD, MPH, a member of the legal working group with savekzootrees.org, provided a document with a summary of nine points of argument followed by a full analysis with citations for the nine legal arguments.
The kalamazoocountytrees.com website notes while the group believe Safe Streets and Roads for All (SS4A) grant program will likely enhance the safety of community roadways, the group does not agree with the “Clear Zone Improvement” that would remove all trees. “We believe that removal of all of the trees along rural roads will create an even greater road hazard in the winter where we have blowing snow which creates icy road conditions,” said a statement on the website.
The kalamazoocountytrees.com website states residents have additional concerns about blanket tree removal such as the real risk that an out-of-control vehicle leaves the roadway and rather than hitting a tree, it passes through the “Clear Zone” straight into a resident’s home or other residential buildings. Or, it passes through the proposed “Clear Zone” into a resident’s tree just beyond it, negating the potential benefit of the “Clear Zone”
The kalamazoocountytrees.com website adds the group wants to see a compromise made between RCKC and the citizens/residents whereby only trees impeding visibility at intersections be removed, as well as removing dead trees or dead limbs along roadsides ... not clear cutting them all.
The website states supporters have spoken directly with both the Office of the Secretary of the U.S. Department of Transportation which the website said is responsible for the overall SS4A grant program including approval of grants and amendments to the grants, and the Federal Highway Administration of the U.S. Department of Transportation, the website states is responsible for day-to-day project management of individual SS4A grants awarded to municipalities/counties. The kalamazoocountytrees.com website adds in two separate conversations, after explaining the residents’ proposal to reduce the scope of the work to be done under the current plan (by reducing the number of trees to be removed), both U.S. DOT offices confirmed that amendments are quite common and that reducing the scope of work (and budget) for only one portion of the project will not jeopardize RCKC’s SS4A project or grant funds. The website adds RCKC simply has to submit an amendment for approval to the DOT, which the RCKC has done at least once already. The kalamazoocountytrees.com website adds a representative from the Federal Highway Administration explained that amendments to these projects are common due to local governments receiving input/feedback from their citizens.
A statement from the RCKC Monday acknowledged a “legal memorandum” has been forwarded to the Board of Commissioners but felt it would be unappropriate to comment and is working with attorneys on a response that will be made to the Board of Commissioners.
The statement reads:
“The Road Commission is aware of a local community group that has expressed opposition to the project and has asked the Kalamazoo Board of County Commissioners, a separate legal entity from the Road Commission that exercises limited oversight of Road Commission activities, to intervene to halt the project. The community group has supplied the County Commissioners with a ‘legal memorandum’ encouraging the County Commissioners to take certain actions to stop the safety project. The Road Commission has consulted with its attorneys and is preparing a response for the County Commissioners. It is not appropriate for the Road Commission to provide detailed commentary in the press prior to communicating with the County Commissioners.
However, as a general proposition, the County Commissioners do not oversee the discretionary decisions of the Road Commission with respect to its state-mandated responsibilities over county roads.”
The RCKC statement also reviewed the SS4A project and reasoning behind the RCKC’s decision to apply for the federal grant.
“The Road Commission of Kalamazoo County applied for and was awarded a federal safety grant totaling $25,000,000 to address the unfortunate fact that the number of vehicle crashes on the Kalamazoo County Road system that result in fatalities or serious injuries is nearly twice the statewide average relative to the total number of crashes. In other words, among all vehicle crashes on the Kalamazoo County Road system, fatalities or serious injuries are nearly twice as likely to occur as compared to the statewide average. Crashes involving lane departures comprise more than 50% of all fatalities and serious injuries,” the statement said.
“The Road Commission of Kalamazoo County recognizes that objects within the “clear zone” of a road right-of-way can present significant hazards to vehicles that depart from the travel lanes.
The Federal Highway Administration (FHWA)-funded safety project includes the removal of approximately 4,000 trees along approximately 130 miles of Kalamazoo County roads. The Road Commission of Kalamazoo County maintains approximately 1,270 miles of roads. These trees are not randomly selected. Rather, the Road Commission has applied engineering principles of traffic safety to identify trees that pose the greatest safety risks to vehicles that depart the roadway. The trees planned for removal are not publicly owned trees. The trees scheduled for removal as part of this safety grant are owned by the adjacent property owner but are located within the road right-of-way. As such, they are subject to the Road Commission’s authority to remove or otherwise manage them when necessary for roadway safety, maintenance, or other authorized purposes. The Road Commission has been transparent throughout this process and has worked with property owners whose trees are scheduled for removal, many of whom fully support the project,” the statement continued.
Worden said RCKC did consider the concerns raised by residents, including the petition regarding the number of trees identified for removal. Public input, along with additional review by the RCKC engineering team, resulted in a significant revision to the original approach, resulting an estimate of the number of trees be reduced by approximately 50 percent to about 4000 trees.
Worden explained for roads that are not being reconstructed or widened, RCKC revised the approach so trees are generally being evaluated within 17 feet of the white pavement shoulder marking. He adds certain locations, such as intersections and curves, may require additional evaluation based on sight distance and other safety considerations.
He adds the approximately 4,000-tree figure remains an estimate rather than a final tree-by-tree removal count. Field conditions and final engineering review may affect the actual number of trees removed.
However a member of the legal working group with savekzootrees.org feels RCKC is not being fully transparent about its statement on reducing the number of trees that would be removed to about 4000.
“The Road Commission claims it has identified the trees but refuses to release the list it compiled to reach its count. This is classic manipulation of the public. This unelected group has not earned the trust of citizens or the benefit of the doubt. This is especially true considering the $25 million grant they received required extensive consultation with the community. They’ve never done that and are in violation of the grant. They have not even notified the property owners of their intention to cut down the trees,” said Betsy E. Havens, JD, MPH, a member of the legal working group with savekzootrees.org.
Worden said he respectfully disagrees with several of the statements provided by savekzootrees.org supporters Havens and provided the following statement:
“Public input has been considered throughout the development of this project and has resulted in meaningful changes. Following public feedback and additional engineering review, RCKC revised the proposed clear-zone approach and reduced the estimated number of trees that may require removal from approximately 8,000 to approximately 4,000—a reduction of roughly 50 percent.
“RCKC is currently working to inventory the trees that may require removal under the revised project scope. The approximately 4,000-tree figure is an estimate based on the revised clear-zone criteria and engineering review; it is not a final inventory of individual trees. As the inventory and field verification process continues, the final number may change,” said Worden, who said tree removal is not anticipated to begin before October and based on the current schedule, is more likely to begin in November.
“RCKC is not aware of any determination by the federal granting agency that the project is in violation of the grant requirements. The project continues to move through the required federal process, and RCKC will continue working with the appropriate federal agencies as the project advances,” continued Worden.
The RCKC statement concluded by noting:
“The Road Commission recognizes and respects the environmental and aesthetic value of trees. At the same time, trees are a plentiful and renewable resource in Michigan, while roadway departure crashes involving fixed objects can result in fatalities and serious bodily injuries. Limiting or preventing this much-needed safety improvement project would prevent the Road Commission from addressing identified safety hazards along our roadways. The Road Commission has also established a Tree Replacement Policy to assist property owners with replacing trees removed as part of this large-scale safety project, providing an opportunity to address some of the impacts associated with the necessary tree removals. The Road Commission believes the safety improvements provided by this project are an important component of its responsibility to improve roadway safety in Kalamazoo County and reduce the risk and severity of serious crashes on our road network.”
A legal working group from savekzootrees.org has thrown a new wrinkle into the Road Commission of Kalamazoo County’s (RCKC) tree removal plan that is part of the Safe Streets and Roads for All (SS4A) project.
Safe Streets and Roads for All (SS4A) project is a comprehensive 5-year federal grant program aimed at improving roadway safety and reducing serious injuries and fatalities in Kalamazoo County.
An email from the savekzootrees.org legal working group reveals the group is calling for action from both RCKC and the Kalamazoo County Board of Commissioners.
According to an email from Tiffany Sadowski asking county residents to contact each Kalamazoo County Board of Commissioner, a Kalamazoo County resident had a meeting with Kalamazoo County Board of Commissioners Chairperson Jen Strebs on September 9th. The email states that resident presented the idea that the Kalamazoo Board of Commissioners consider passing an ordinance to prevent tree cutting by the Road Commission. According to the email the same resident submitted a legal memorandum directly to Strebs outlining legal authority and strategy that the Kalamazoo County Board of Commissioners could take to stop the tree cutting.
The email adds Strebs has since passed it on to the other Board of Commissioners, and during the Sept 15th Board meeting, the county administrative team advised the legal memorandum be passed on to the RCKC.
The email adds Strebs also informed the Kalamazoo County resident the soonest the County Board of Commissioners can take action on the issue is at its October 6th board meeting at 6:30 p.m.
According to the email, the memo relates to all roadside trees in Kalamazoo County, not just those in the SS4A program.
The email adds if the Kalamazoo County Board of Commissioners needs more time for research or to prepare the ordinance, the Board consider voting on a moratorium on all tree cutting by the RCKC until an ordinance can be prepared and voted on.
The Crescent reached out to County Commissioner Jen Strebs but did not receive a response.
Initially, RCKC identified approximately 8000 trees for potential removal as part of the project.
A former spokesperson for SaveKzooTrees.org said in a September 10 email the group received 2,174 petitions from Kalamazoo County residents saying they care about the trees.
Mark Worden, public relations director Road Commission of Kalamazoo County, said RCKC did consider the concerns raised by residents, including the petitions from Kalamazoo County residents. He said public input, along with additional review by the RCKC engineering team, resulted in a significant revision to the original approach.
“Following additional engineering review and consideration of public input, that estimate was reduced by approximately 50%, to about 4,000 trees,” said Worden.
However the savekzootrees.org legal working group argues RCKC has not published a list of the trees it intends to cut despite claims that figure is now less than 8,000. The email from savekzootrees.org legal working group also states RCKC has not identified the statute that authorizes its plan to cut healthy trees.
The email said the savekzootrees.org legal working group is asking the Kalamazoo Board of Commissioners to:
• Adopt a resolution directing the Road Commission to publish the list of trees scheduled for removal, to identify in writing the statutory authority on which the plan to destroy 8,000 trees rests and the safety basis for the removal of each healthy tree on that list, and to suspend removal of healthy trees pending the Board’s review.
• Appoint a committee under MCL 224.25 et seq. to examine the plan’s legal authority and expenditures.
• Direct corporation counsel to prepare, for the Board’s consideration, a permit-and-hearing ordinance under MCL 46.110) governing removal of healthy trees from county road rights-of-way.
• Direct corporation counsel to evaluate the County’s standing to seek injunctive relief should cutting begin before the Board’s review is complete.
• Move to change the method of selecting county road commissioners from appointment to election, as authorized by law.
Betsy E. Havens, JD, MPH, a member of the legal working group with savekzootrees.org, provided a document with a summary of nine points of argument followed by a full analysis with citations for the nine legal arguments.
The kalamazoocountytrees.com website notes while the group believe Safe Streets and Roads for All (SS4A) grant program will likely enhance the safety of community roadways, the group does not agree with the “Clear Zone Improvement” that would remove all trees. “We believe that removal of all of the trees along rural roads will create an even greater road hazard in the winter where we have blowing snow which creates icy road conditions,” said a statement on the website.
The kalamazoocountytrees.com website states residents have additional concerns about blanket tree removal such as the real risk that an out-of-control vehicle leaves the roadway and rather than hitting a tree, it passes through the “Clear Zone” straight into a resident’s home or other residential buildings. Or, it passes through the proposed “Clear Zone” into a resident’s tree just beyond it, negating the potential benefit of the “Clear Zone”
The kalamazoocountytrees.com website adds the group wants to see a compromise made between RCKC and the citizens/residents whereby only trees impeding visibility at intersections be removed, as well as removing dead trees or dead limbs along roadsides ... not clear cutting them all.
The website states supporters have spoken directly with both the Office of the Secretary of the U.S. Department of Transportation which the website said is responsible for the overall SS4A grant program including approval of grants and amendments to the grants, and the Federal Highway Administration of the U.S. Department of Transportation, the website states is responsible for day-to-day project management of individual SS4A grants awarded to municipalities/counties. The kalamazoocountytrees.com website adds in two separate conversations, after explaining the residents’ proposal to reduce the scope of the work to be done under the current plan (by reducing the number of trees to be removed), both U.S. DOT offices confirmed that amendments are quite common and that reducing the scope of work (and budget) for only one portion of the project will not jeopardize RCKC’s SS4A project or grant funds. The website adds RCKC simply has to submit an amendment for approval to the DOT, which the RCKC has done at least once already. The kalamazoocountytrees.com website adds a representative from the Federal Highway Administration explained that amendments to these projects are common due to local governments receiving input/feedback from their citizens.
A statement from the RCKC Monday acknowledged a “legal memorandum” has been forwarded to the Board of Commissioners but felt it would be unappropriate to comment and is working with attorneys on a response that will be made to the Board of Commissioners.
The statement reads:
“The Road Commission is aware of a local community group that has expressed opposition to the project and has asked the Kalamazoo Board of County Commissioners, a separate legal entity from the Road Commission that exercises limited oversight of Road Commission activities, to intervene to halt the project. The community group has supplied the County Commissioners with a ‘legal memorandum’ encouraging the County Commissioners to take certain actions to stop the safety project. The Road Commission has consulted with its attorneys and is preparing a response for the County Commissioners. It is not appropriate for the Road Commission to provide detailed commentary in the press prior to communicating with the County Commissioners.
However, as a general proposition, the County Commissioners do not oversee the discretionary decisions of the Road Commission with respect to its state-mandated responsibilities over county roads.”
The RCKC statement also reviewed the SS4A project and reasoning behind the RCKC’s decision to apply for the federal grant.
“The Road Commission of Kalamazoo County applied for and was awarded a federal safety grant totaling $25,000,000 to address the unfortunate fact that the number of vehicle crashes on the Kalamazoo County Road system that result in fatalities or serious injuries is nearly twice the statewide average relative to the total number of crashes. In other words, among all vehicle crashes on the Kalamazoo County Road system, fatalities or serious injuries are nearly twice as likely to occur as compared to the statewide average. Crashes involving lane departures comprise more than 50% of all fatalities and serious injuries,” the statement said.
“The Road Commission of Kalamazoo County recognizes that objects within the “clear zone” of a road right-of-way can present significant hazards to vehicles that depart from the travel lanes.
The Federal Highway Administration (FHWA)-funded safety project includes the removal of approximately 4,000 trees along approximately 130 miles of Kalamazoo County roads. The Road Commission of Kalamazoo County maintains approximately 1,270 miles of roads. These trees are not randomly selected. Rather, the Road Commission has applied engineering principles of traffic safety to identify trees that pose the greatest safety risks to vehicles that depart the roadway. The trees planned for removal are not publicly owned trees. The trees scheduled for removal as part of this safety grant are owned by the adjacent property owner but are located within the road right-of-way. As such, they are subject to the Road Commission’s authority to remove or otherwise manage them when necessary for roadway safety, maintenance, or other authorized purposes. The Road Commission has been transparent throughout this process and has worked with property owners whose trees are scheduled for removal, many of whom fully support the project,” the statement continued.
Worden said RCKC did consider the concerns raised by residents, including the petition regarding the number of trees identified for removal. Public input, along with additional review by the RCKC engineering team, resulted in a significant revision to the original approach, resulting an estimate of the number of trees be reduced by approximately 50 percent to about 4000 trees.
Worden explained for roads that are not being reconstructed or widened, RCKC revised the approach so trees are generally being evaluated within 17 feet of the white pavement shoulder marking. He adds certain locations, such as intersections and curves, may require additional evaluation based on sight distance and other safety considerations.
He adds the approximately 4,000-tree figure remains an estimate rather than a final tree-by-tree removal count. Field conditions and final engineering review may affect the actual number of trees removed.
However a member of the legal working group with savekzootrees.org feels RCKC is not being fully transparent about its statement on reducing the number of trees that would be removed to about 4000.
“The Road Commission claims it has identified the trees but refuses to release the list it compiled to reach its count. This is classic manipulation of the public. This unelected group has not earned the trust of citizens or the benefit of the doubt. This is especially true considering the $25 million grant they received required extensive consultation with the community. They’ve never done that and are in violation of the grant. They have not even notified the property owners of their intention to cut down the trees,” said Betsy E. Havens, JD, MPH, a member of the legal working group with savekzootrees.org.
Worden said he respectfully disagrees with several of the statements provided by savekzootrees.org supporters Havens and provided the following statement:
“Public input has been considered throughout the development of this project and has resulted in meaningful changes. Following public feedback and additional engineering review, RCKC revised the proposed clear-zone approach and reduced the estimated number of trees that may require removal from approximately 8,000 to approximately 4,000—a reduction of roughly 50 percent.
“RCKC is currently working to inventory the trees that may require removal under the revised project scope. The approximately 4,000-tree figure is an estimate based on the revised clear-zone criteria and engineering review; it is not a final inventory of individual trees. As the inventory and field verification process continues, the final number may change,” said Worden, who said tree removal is not anticipated to begin before October and based on the current schedule, is more likely to begin in November.
“RCKC is not aware of any determination by the federal granting agency that the project is in violation of the grant requirements. The project continues to move through the required federal process, and RCKC will continue working with the appropriate federal agencies as the project advances,” continued Worden.
The RCKC statement concluded by noting:
“The Road Commission recognizes and respects the environmental and aesthetic value of trees. At the same time, trees are a plentiful and renewable resource in Michigan, while roadway departure crashes involving fixed objects can result in fatalities and serious bodily injuries. Limiting or preventing this much-needed safety improvement project would prevent the Road Commission from addressing identified safety hazards along our roadways. The Road Commission has also established a Tree Replacement Policy to assist property owners with replacing trees removed as part of this large-scale safety project, providing an opportunity to address some of the impacts associated with the necessary tree removals. The Road Commission believes the safety improvements provided by this project are an important component of its responsibility to improve roadway safety in Kalamazoo County and reduce the risk and severity of serious crashes on our road network.”
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