Information from the Board
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This is from Bruce Towley from Secord Lake Association. This is the best explanation of how the finish dates on the dams change.
I hear a repeating saga about FLTF (although it is always couched as “Kepler”) deliberately worked on Sanford Lake to the exclusion of the other three, because some FLTF committee members (namely Kepler) live there. “Why is Sanford now first, and Secord now third, when 2 years ago, it was the opposite?” I hear them cry.
Let’s break this down as to why it was a business decision. A few things to keep in mind: (1) I recognize there are some who hate Dave Kepler, and no matter the reason, no matter the explanation, they will always find some fault or criticism. I will never reach those people. They will hate Dave Kepler no matter what. [I sometimes wonder if I pointed out Dave Kepler likes to wear pants; certain individuals would stop wearing pants out of spite.] (2) We have the benefit of 20/20 hindsight. In retrospect, there was no possible way to know the court case would move as fast as it did. Truly…it moved through at light speed.
Go back to March 1, 2024; place yourself on the FLTF committee. You’ve just been handed an appeal, meaning no assessment roll, no municipal funds; the only work being done must be funded by the remaining sums from the State of Michigan.
You have several competing interests. While the construction companies will work with you, they will not sit idle on the sites, waiting for the courts to straighten it out. Once the money stops, the work stops, and the company moves to other projects. EGLE requires any stoppage to be at a point of safety, where if the work cannot be done for years, there is no danger of flooding. You have four (4) individual dams, each with its own construction schedule, issues, status, and contracts. You have very limited funds to work with.
And Facebook is crying for your head, either for the assessment amount or for not working on a particular individual’s dam.
The single largest expense the appeal will create is the cost of the construction company leaving the individual site, and then (eventually) returning—a cost in time and money. And your lawyer indicates the appeal will take 9 months to 3 years on average to resolve.
So what do you do? How do you keep the construction companies on site--hopefully to still be there when the court denies the appeal--yet continue to pay with the limited sums you have? How do you reduce the costs this appeal will create?
First, Wixom will have to stop. There is no construction company on site. While some work can be done prior to the permit being issued, there is no permit. And Wixom is already in a safe condition according to EGLE requirements. No more work for Wixom
Second, you slow down the work on the other three dams. You hope upon HCA’s loss at the first appeal, the matter will end, the funds will be available, the construction will ramp back up and everyone gets back on schedule. A smaller cost in time and money.
Alas HCA incomprehensibly appeals the Circuit Court decision. We move forward in time to July 15, 2024.
It is now evident HCA is throwing every delay it can in the legal matters. Deadlines are met on the very last day. HCA fights any motion to move the matter faster. No clear direction or purpose.
And your attorney estimates it will take 6 months to 2 years to obtain a final decision, depending on the rulings of the court. Worse, the 2024 construction season will come to a close prior to a ruling from the court. Possibly losing the 2025 construction season as well.
Stopping work on 3 dams (with the construction company leaving) is more costly than stopping work on 2 dams, which is more costly than stopping work on 1 dam. But you only have so much money, so realistically you cannot keep even the slow pace in play. And you have to stop at a safe point satisfactory to EGLE.
At least one and more probably two dams will have to reach a safe point and end. So which dam do you choose to keep working on?
You pick the dam you can work on the longest with the funds you have. Again, remember it is possible these appeals will drag into the summer of 2025. You hope to resolve it while at least one construction crew is still in place. HCA has already cost us two dams’ worth of construction companies leaving by filing to the Court of Appeals. Attempt to alleviate a third crew leaving.
As irony would have it, since Sanford started later than Secord and Smallwood, it had more work to do. (Not to mention more open space to work with, as it was new construction, as compared to renovation.)
From a business perspective, to reduce costs as much as possible, Sanford was the logical choice to continue working as long as possible.
I hear a repeating saga about FLTF (although it is always couched as “Kepler”) deliberately worked on Sanford Lake to the exclusion of the other three, because some FLTF committee members (namely Kepler) live there. “Why is Sanford now first, and Secord now third, when 2 years ago, it was the opposite?” I hear them cry.
Let’s break this down as to why it was a business decision. A few things to keep in mind: (1) I recognize there are some who hate Dave Kepler, and no matter the reason, no matter the explanation, they will always find some fault or criticism. I will never reach those people. They will hate Dave Kepler no matter what. [I sometimes wonder if I pointed out Dave Kepler likes to wear pants; certain individuals would stop wearing pants out of spite.] (2) We have the benefit of 20/20 hindsight. In retrospect, there was no possible way to know the court case would move as fast as it did. Truly…it moved through at light speed.
Go back to March 1, 2024; place yourself on the FLTF committee. You’ve just been handed an appeal, meaning no assessment roll, no municipal funds; the only work being done must be funded by the remaining sums from the State of Michigan.
You have several competing interests. While the construction companies will work with you, they will not sit idle on the sites, waiting for the courts to straighten it out. Once the money stops, the work stops, and the company moves to other projects. EGLE requires any stoppage to be at a point of safety, where if the work cannot be done for years, there is no danger of flooding. You have four (4) individual dams, each with its own construction schedule, issues, status, and contracts. You have very limited funds to work with.
And Facebook is crying for your head, either for the assessment amount or for not working on a particular individual’s dam.
The single largest expense the appeal will create is the cost of the construction company leaving the individual site, and then (eventually) returning—a cost in time and money. And your lawyer indicates the appeal will take 9 months to 3 years on average to resolve.
So what do you do? How do you keep the construction companies on site--hopefully to still be there when the court denies the appeal--yet continue to pay with the limited sums you have? How do you reduce the costs this appeal will create?
First, Wixom will have to stop. There is no construction company on site. While some work can be done prior to the permit being issued, there is no permit. And Wixom is already in a safe condition according to EGLE requirements. No more work for Wixom
Second, you slow down the work on the other three dams. You hope upon HCA’s loss at the first appeal, the matter will end, the funds will be available, the construction will ramp back up and everyone gets back on schedule. A smaller cost in time and money.
Alas HCA incomprehensibly appeals the Circuit Court decision. We move forward in time to July 15, 2024.
It is now evident HCA is throwing every delay it can in the legal matters. Deadlines are met on the very last day. HCA fights any motion to move the matter faster. No clear direction or purpose.
And your attorney estimates it will take 6 months to 2 years to obtain a final decision, depending on the rulings of the court. Worse, the 2024 construction season will come to a close prior to a ruling from the court. Possibly losing the 2025 construction season as well.
Stopping work on 3 dams (with the construction company leaving) is more costly than stopping work on 2 dams, which is more costly than stopping work on 1 dam. But you only have so much money, so realistically you cannot keep even the slow pace in play. And you have to stop at a safe point satisfactory to EGLE.
At least one and more probably two dams will have to reach a safe point and end. So which dam do you choose to keep working on?
You pick the dam you can work on the longest with the funds you have. Again, remember it is possible these appeals will drag into the summer of 2025. You hope to resolve it while at least one construction crew is still in place. HCA has already cost us two dams’ worth of construction companies leaving by filing to the Court of Appeals. Attempt to alleviate a third crew leaving.
As irony would have it, since Sanford started later than Secord and Smallwood, it had more work to do. (Not to mention more open space to work with, as it was new construction, as compared to renovation.)
From a business perspective, to reduce costs as much as possible, Sanford was the logical choice to continue working as long as possible.