COUNTY OF WAYNE

DEPARTMENT OF ENVIRONMENT

NORTH BRANCH OF THE ECORSE CREEK DRAIN

BOARD OF DETERMINATION

DECEMBER 15, 2004

EXECUTIVE SUMMARY

Board of Determination Members: Colone Pearson, Cornell Anton, Jr., Richard Novak, and Edward Richter (alternate).

Kurt Heise, the Wayne County Drain Commissioner introduced the members of the Board of Determination, his staff, the engineers and legal counsel, and the elected officials in attendance. A brief explanation was provided relating to the court reporter and the necessity to state your name and address information before providing testimony so that an accurate record of the proceedings can be provided.

Colone Pearson made a motion that Richard Novak serve as chairperson. Cornell Anton, Jr., seconded the motion. Motion passed.

Cornell Anton, Jr. made a motion that Colone Pearson serve as secretary. Richard Novak seconded the motion. Motion passed.

Kurt L. Heise provided a brief explanation as to the role and function of the Board of Determination, and as to the overall process of a drain project under the Drain Code.

A powerpoint presentation was shown explaining the decisions that need to be made, as well as a description of the drainage district and the route and course of the drain.

Mr. Pearson made a motion to limit public testimony to three minutes each, that no one can testify a second time until all interested persons testified for a first time to allow everyone an opportunity to testify, and that public officials be provided 10 minutes to speak. Mr. Anton seconded the motion. Motion passed.

Mayor Gregory Patoniak from the City of Taylor gave testimony. Senator Raymond Basham testified that he is interested in these proceedings, will assist in seeking monies available to assist with the problem and wants provided with information relating to the decision.

Public comment began. Testimony from fourteen property owners within the Drainage District was given about flooding in their areas, public safety issues. They also had questions about the study that would be performed if a project was found necessary.

The Board took at 15-minute recess at 10:24 AM.

The meeting resumed at 10:48 AM. Five additional property owners provided testimony about personal property damage due to flooding in their homes, and testimony regarding road flooding.

The Board took a recess until 11:30 A.M., starting at 11:02 A.M.

The meeting resumed at 11:34 A.M.

The Board received various e-mails to the Board of Determination that dealt with both testimony and questions. Telephone messages from the Drain Commissioner’s office were also submitted to the Board. Mr. Pearson made a motion to receive the documentation. Mr. Anton seconded the motion. Motion passed.

Ron Hansen, P.E., from Spicer Group, Inc., provided the Board of Determination with pictures of the North Branch of the Ecorse Creek Drain, and provided a brief explanation of the pictures.

Mr. Hansen also provided the Board with a document outlining historical overview of the Drain, provided a brief explanation of the overview, and answered questions from the Board of Determination members.

The Board recessed at 12:04 PM until 1:00 PM.

The meeting resumed at 1:02 PM.

Kurt Heise again provided a brief statement outlining the role and function of the Board of Determination, and as to the overall process for a drain project under the Drain Code.

Mr. Heise read the petition into the record, introduced the Board of Determination members, recognized Wayne County Department of Environment staff, and introduced legal counsel and the engineers. Mr. Heise then outlined the procedure necessary to allow the court reporter to accurately record the proceedings.

The powerpoint presentation was again shown for the 1:00 PM audience.

The Board of Determination repeated the rules for public speaking, and opened the floor for testimony from the municipalities.

Catherine Heise, a City Counselwoman from Dearborn Heights testified in support of the Dearborn Heights petition, and requested that the maintenance and improvement be found necessary. Residents of Dearborn Heights are experiencing the financial impacts due to basement floodings.

Jack Franzel, DPW Director from Dearborn Heights, testified about the flooding in May 2004.

Public testimony was received by approximately twelve property owners in the Drainage District relating to the flooding. A property owner brought photos of flooding. Mr. Pearson moved that the photos be made part of the record. Mr. Anton seconded the motion. Motion carried.

The Board recessed at 2:20 PM., and resumed at 2:32 PM.

Testimony was received by eight property owners about the flooding. Several property owners asked questions about the costs and about a study.

The Board recessed at 3:17 PM and will reconvene at 4:00 PM.

The meeting reconvened at 4:02 PM.

Kurt Heise explained the purpose of today’s meeting to those who had just arrived, and read the petition from the City of Dearborn Heights into the record.

Mr. Heise again introduced the members of the Board of Determination, Wayne County Department of Environment staff, the legal counsel and engineers, and the elected public officials. Mr. Heise then outlined the procedure for testifying to ensure that the court reporter is able to make an accurate record of the proceedings.

Mr. Heise then provided an outline of the role and function of the Board of Determination and the overall process under the Drain Code, and the appeal rights relative to the Board’s decision.

The powerpoint presentation was shown for the 4:00 audience.

Mr. Hansen from Spicer Group, Inc., gave a brief presentation about the lands proposed to be added to the Drainage District.

The Board of Determination again repeated the rules for providing testimony, and opened the floor up to public testimony.

Mayor Daniel Paletko from Dearborn Heights provided the Board members with copies of his testimony, photographs that were taken in May 2004, and a map showing areas where street and basement flooding is significant. Mr. Pearson moved that the three documents presented by Mayor Paletko be received and reflected in the record. Mr. Anton seconded the motion. Motion carried.

Twelve property owners from various communities including Melvindale, Dearborn Heights and Allen Park provided testimony about the flooding and public health concerns. Property owners also voiced concerns about the potential costs and what would happen if a project was determined necessary.

The Board took a brief recess at 5:40 PM, and reconvened at 5:48 PM.

Nine additional property owners provided testimony relating to flooding of streets and personal residences, mostly within the Cities of Dearborn Heights and Allen Park.

Motion by Mr. Anton to close the public comment at 6:19 PM. Second by Mr. Pearson. Motion carried.

Mr. Novak thanked everyone for their attendance at the hearing.

The Board recessed at 6:20 PM., and reconvened at 6:27 PM.

Mr. Anton made a motion that the maintenance and improvement of the North Branch of the Ecorse Creek Drain is necessary and conducive to the public health, convenience or welfare. Mr. Pearson seconded the motion. During discussion, each board member discussed the testimony that was presented. Motion carried by a unanimous vote.

Mr. Pearson made a motion that a portion of the costs of the maintenance and improvement of the North Branch of the Ecorse Creek Drain is necessary for the protection of public health of the following cities: Allen Park, Dearborn Heights, Ecorse, Inkster, Lincoln Park, Melvindale, Romulus, Taylor and Westland. Mr. Anton seconded the motion. There was a discussion of the motion by each of the board members. Motion carried by a unanimous vote.

Mr. Anton made a motion that the addition of lands to the North Branch of the Ecorse Creek Drain Drainage as presented by the District’s engineers is necessary and conducive to the public health, convenience or welfare. Mr. Pearson seconded the motion. There was a discussion of the motion by each of the board members. Motion carried by a unanimous vote.

Mr. Seidlein explained that anyone is aggrieved by the decision of necessity by the Board of Determination has the right to appeal the decision in Wayne County Circuit Court by the filing of an action within 10 days.

Mr. Heise thanked the members of the Board of Determination from taking time out of their schedules as private citizens to perform the work. Mr. Heise also thanked Spicer Group for their work in the presentations and the website, Kerreen Conley and the WCDOE staff, and the Hubbard Law Firm for their work in preparing for this meeting.

Mr. Pearson made a motion to adjourn the meeting. Mr. Anton seconded the motion. Motion carried. The meeting was adjourned at 6:45 PM.