A Failed Driveway and Mariposa County Claims Immunity
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| Beth Savage in front of the Government Center with three containers of burn pile wood and debris that was used as fill in their driveway |
Beth and Vaden Savage gave an update on their Driveway to the Mariposa County Board of Supervisors at the Tuesday, December 7, 2010 Meeting
Supervisor's Brad Aborn and Kevin Cann Respond to the Savage's about the Driveway and the County:
Vaden and Beth Savage made a claim against
The Savage's built a home in Lushmeadows and in 2008 had a driveway installed by Holcombe Excavating. They received their grading permit from Jerry Progner of the Resource Conservation District on April 17, 2010 that specifically said they needed a compaction test performed because five feet or greater of fill was required for the driveway.
The driveway shortly after being constructed cracked and failed apparently due to the fill that was used to construct the driveway.
What this claim seems to hinge on is that the county required compactions tests to be performed, the contractor did not have these tests done and a county employee signs off the Final on a project Status Sheet that leaves the line for Compaction Tests Received blank. The Savage's claim the County has a responsibility in making sure the tests were done as they paid $283 for a permit. The bonding company for Holcombe Excavating has paid around $11,600 for the driveway defect.
On the Project Status Sheet (Scroll down the page for the sheet) there are initials by Jay Munk from the County Building Department dated 10-9-2008 for Final Approval on the driveway. There is also a line on the sheet for Compaction Test Received, that line is left blank with no initials on it.
In the following you will hear the Vaden's at three separate BOS meetings where the BOS initially went from being sympathetic to their case to rejecting their claim in a Closed Session with no public comment because of potential litigation according to County Counsel Steve Dahlem.
We begin with the Audio from the November 16, 2010 BOS meeting where the Vaden's appeared before the BOS with three containers of wood and debris that was used as fill in the base of their driveway.
Vaden Savage talks about the driveway and the Mariposa County Board of Supervisors.
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Beth Savage talks about the driveway and the Mariposa County Board of Supervisors and two neighbors/friends discuss the situation.
This next Audio File is from the February 16, 2010 meeting and below this file is the agenda item and the minutes from that meeting.
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February 16, 2010
Administration/Personnel/Risk Management
Approve the Rejection of Claim No. C10-1 Filed by Vaden and Beth Savage for $35,000 and Authorize the Board of Supervisors Chair to Sign the Notice of Rejection.
County Minutes from 2/16/2010 meeting on Agenda Item Number 5
BOARD ACTION: Rick Benson provided input on the claim. Dennis Wister, Interim Building Director, provided input on this matter and he advised that this occurred when the Resource Conservation District returned the grading permit function to the Building Department. He feels that the driveway work should not have been signed off by the County without an inspection and compaction report; and it is ultimately the owners’ responsibility to obtain the compaction report. Discussion was held relative to the responsibility of the contractor. Supervisor Aborn advised that he spoke with John Davis, the former Building Director, and he feels that he can provide more of an explanation on this matter; and he suggested that he be invited to provide input.
Input from the public was provided by the following: Beth Savage provided input on their driveway work and the resulting problems with its failure; and she advised that they trusted the contractor and the County that the work would be done properly and inspected. Now she is asking the County to at least cover the cost or supply the fill dirt that is needed to replace what was used for the driveway. If their driveway goes, they will not be able to access their home.
Vaden Savage advised that the dollar amount of their claim is based on estimates they received from contractors to replace the fill dirt for the driveway. He advised that they are going after the contractor that built the driveway, and they just want it fixed. They run a business out of their home, and that is at risk if their driveway fails.
Beth and Vaden Savage responded to questions from the Board relative to the status of the concrete on the driveway; estimated costs for the replacement fill dirt; relative to the septic issue; relative to the response they have received from the contractor; and as to whether the contractor had insurance/bond coverage for negligent work. Discussion was held with Dana Hertfelder, Public Works Director, relative to estimated costs for the replacement fill dirt. Discussion was held with Steve Dahlem,
The third Audio File is from the September 21, 2010 Mariposa County Board of Supervisors Meeting where under Public Comment, Beth Savage addressed the Supervisors.
The Savage's have a website about their driveway:
Driveway Disaster
More information:
The Project Status Sheet:
Driveway Photos:
