EXPLAINS ADDITIONS - David Bergdolt, an engineer with Wade Trim, explains what lands are being added to and subtracted from the Whitney Drain special assessment district at last Wednesday's public hearing held at Hale High School before a full house of mostly Iosco County property owners. - Photo by Jim Dunn

Whitney Drain project gets $937,500

grant; board adds lands, townships

by Jim Dunn
HALE - Appearing before a packed house at Hale High School last Wednesday night (Oct. 6), the Whitney Intercounty Drainage Board voted to firm up the lands to be included in the special assessment district and to add 12 townships as "at-large" members, also to be assessed for the drain project.

The drainage board also acknowledged the receipt of a $937,500 grant from the Michigan Department of Environmental Quality's Clean Michigan Initiative to help pay for the drain project. The board rejected a similar grant last year during the period the project was ensnared in a court battle. That grant was for $1.25 million.

When the original grant application was submitted more than a year ago, the projected cost for the entire project was about $1.7 million.

"We just got this (the grant) two days ago," Arenac County Drain Commissioner Don Prueter told the crowd. "Until we read the fine print, we don't know what that's grant's going to cost us."

Prueter said that there could "strings attached" in the form of DEQ requirements which might add to the cost of the project and "eat up" some of the grant monies.

Following several hours of public comments by property owners in the drainage district, most of whom opposed the project and the inclusion of their property in it, the drain board voted unanimously on three issues: 1) to approve the final determination of lands in the district, including the addition of some a large area in Plainfield Township and the deletion of a few small areas; 2) to include the 12 townships, two in Arenac, eight in Iosco, and two in Ogemaw, as "at-large" members to be assessed; and 3) to confirm the consolidation of the intercounty district, as ordered by the circuit court and affirmed by the Michigan Court of Appeals.

"Basically, the meeting tonight will determine who's in and who's out of the special assessment district," said Stacy Hissong, attorney with the Hubbard law firm of Lansing, which is working with the board. "There will be days of review in the respective counties to determine final dollar amounts," she added.

At those review days, property owners will also have the opportunity to appeal to their respective drain commissioner.

The primary engineer on the project, David Bergdolt, explained the engineering firm's rationale for including properties in the drainage district.

Bergdolt said that the engineers went into the field to determine the watershed that drains into the Whitney Drain.

"Basically, the meeting tonight will determine who's in and who's out of the special assessment district," said Stacy Hissong, attorney with the Hubbard law firm of Lansing, which is working with the board. "There will be days of review in the respective counties to determine final dollar amounts," she added.

At those review days, property owners will also have the opportunity to appeal to their respective drain commissioner.

The primary engineer on the project, David Bergdolt, explained the engineering firm's rationale for including properties in the drainage district.

Bergdolt said that the engineers went into the field to determine the watershed that drains into the Whitney Drain.

"Although some of these areas might not have had water in them at the time, they were obviously a natural watercourse to the drain," Bergdolt said.

Bergdolt added that a big section of the property is in Plainfield because it drains into Sand Lake, then into Sand Creek, and eventually into the intercounty drain.

Bergdolt also noted that since U.S. Gypsum had rerouted the water from their holding ponds directly to Lake Huron, the company's lands were being removed from the drainage district. In addition, he said, the western portion of Grant Township had also been eliminated.

Speaking first during the public comment period was Mark Constance, who said that he owns property in Plainfield Township.

"I don't question the need, but I do the scope," said Constance. "It's a matter of common sense. We stopped this district at the place where it benefits the most. The small amount of water that drains from the little swamp on my property is nothing compared to the benefit that the AuGres River property owners get from this," he concluded.

Prueter responded that there are about 10 other drainage districts in Arenac County that are paying special assessments.

Ogemaw Drain Commissioner DeMatio agreed with Constance.

"There are members of this board that agree with you," he told Constance. "This has been a bone of contention for the last 20 years."

Marie Piotrowski asked the board whether the state or federal governments, which have extensive land holdings in the drainage district, would be assessed.

"No, unless you consider the $937,500 grant," said Gregg.

"The statute is very clear," added Hissong. "The drain board does not have the power to assess state or federal land."

One property owner told the board that his property has been "high and dry" for the 50 years it has been in his family.

"The property may be dry 99.9 percent of the time, but it is still in the watershed," responded Bergdolt.

A suggestion by Bill Olar that the residents start a class action lawsuit against the drain board and the city of AuGres received a smattering of applause from the audience.

Speaking on behalf of Alabaster Township, Supervisor Stephanie Wentworth told the board that "The township would be put in a terrible position to have to cover these costs."

"I think that there should be more grant dollars available, and you should pursue them to bring the costs down for our citizens," said Wentworth.

Prueter responded by saying that "We're planning, in the next six months, to be doing a lot of door knocking. We're hoping we can double this little grant," he added.

Clare Herriman, who has property in Grant Township, added. "People who live along Turner Road have benefitted the most, and will continue to benefit. People south of Turner Road benefit the most.

"The Lord put it down to AuGres," he continued, "then some people with bulldozers changed it.

"I think if you folks can prevent damage to the river, you should, but you should do all you can do to bring down the costs, and have a little mercy on the common people," he concluded.

The final speaker of the evening summed up the situation by telling the board, "Noah screwed up; instead of building an ark, he should have formed a drain commission."