The Cuddy Drain project that includes both Allegan and Barry counties was the target of a lot of criticism at the Wayland Township Board meeting Tuesday night.
However, presenter and local resident Jim Sivak that the issue was out of the township’s hands and he would be better served by talking to state officials.
Sivak acknowledged the drain project along Patterson Avenue is complete and the township doesn’t have jurisdiction over the matter, but gave a speech of almost an hour outlining his objections to the way drains are set up and administered in Michigan.
He said property owners who live in the drain district and have to pay whenever the Drain Commission decides to deepen, widen and improve a drain don’t have any say on whether it will be done and what it will cost. He said he was told he could appeal, but he has learned that is more costly than just paying the unwanted assessment.
“They say you have to have an attorney (when making an appeal),” Sivak told Wayland Township Board members. “You cannot represent yourself.”
He added that if one resident is successful with an appeal, the remaining property owners in the district are stuck with the remainder of the bill.
Sivak said he has taken up this issue with Allegan County Drain Commissioner Denise Medemar, who was in the audience, with the Allegan County Board of Commissioners, with former State Rep. Ken Yonker (now Kent County Drain Commissioner) and new State Rep. Steve Johnson.
Still, he insisted, he’s made little, if any, headway.
Walter Hayes, a Wayland Township farmer, echoed his sentiments.
“The Cuddy Drain project has caused backup of water on my property,” Hayes said. “I used to farm lthat land, but now I can’t even bale hay.”
He added there are others who have reported similar problems, maintaining, “Some land (in the district) has become unfarmable.”
Another local resident asserted, “I get a bill every other year for about $20, but then now I get a bill for $4200.”
Once again, the issu
e, township officials said, is beyond the scope of township government.
Sivak even acknowledged, “I don’t even blame the local drain commissions… The only thing that can be done is to change the state drain system. The drain commissions are just doing what they’re told.”
State Rep. Steve Johnson, who was present for the meeting, said he’s new to his office and “I didn’t know a thing about the drain code.”
He recommended better transparency and notice for residents and even suggested special elections on drain projects for the people in the drainage districts.
Medemar cautioned everyone by reminding them the Cuddy Drain is an inter-drain project that takes in two counties, so a special board of determination had to make the call on ordering the work to be done.
PHOTO: Included in the audience at the Wayland Township Board meeting’s discussion on the Cuddy Drain were Drain Commission member Peter Klooster (center) and Drain Commissioner Denise Medemar (right).
State Rep. Steve Johnson attempts to answer constituents’ questions about the Cuddy Drain project.
