1970s issue resurrected

Published 4:55 pm Tuesday, October 23, 2007

By By JOHN EBY / Dowagiac Daily News
Dowagiac City Council Monday night approved a maintenance petition for cleaning Patrick Hamilton drain north of town in Silver Creek Township.
When Cass County Drain Commissioner Jeff VanBelle receives the petition, he will prepare a cost estimate for a preliminary engineering report of the drainage area.
Dowagiac will be required to cover this expense with a deposit not to exceed $2,500.
Once the project is completed, the deposit would be added to the assessment roll and refunded to the city, according to VanBelle.
Stanley Sarabyn, 28950 Middle Crossing Road, renewed his longstanding complaints about the dam flooding across some of his property at the end of Sarabyn Drive.
Department of Public Services Director Donald Hallowell initially wrote to VanBelle about the possibility of doing some maintenance work on Jan. 12.
The issue's extensive history goes back to 1973 or '74, said Sarabyn, who sued the city over flooding from the drain.
Sarabyn obtained a judgment stating Dowagiac was responsible for installing a small earthen dam and to maintain that dam.
Hallowell said the drain, hand dug by farmers in the 1800s, has been "silting in" and has lost a good share of its capacity. There has never been maintenance on the drain since the late 19th century.
"The best and most cost-effective solution to improve this drain is for the county drain commissioner to be petitioned to create a drain maintenance assessment district such that all costs associated with cleaning this drain would be assessed against the entire watershed," Hallowell stated. "This would result in a minimum charge to everyone involved. The entire Patrick Hamilton drain proper is located outside the city limits of Dowagiac," so the city has no jurisdiction to clean the drain.
According to county drain law, public hearings must be held and people must be advised about any costs associated with this project before it can proceed, said Hallowell, adding that it could be a two-year undertaking.
Interim City Manager Rozanne Scherr added that in addition to various homeowners facing flooding problems across their property because of the large loss of capacity, due to various developments in the city, such as the northwest interceptor in 2001, a portion of Dowagiac's storm water also drains into the Patrick Hamilton drain.
"I would estimate approximately a quarter of Dowagiac drains north through this drain. It carries a good share of the city's water," Hallowell apprised City Council. "It flows north and I think eventually winds up in Dowagiac Creek and then, consequently, the St. Joseph River watershed. The drain exists north of town, right off M-51 to the west. The swamp contributes to flow in the drain, which meanders back and forth across farm fields. It's a lengthy process and the drain commissioner has no budget, per se, to do this kind of work. It can only be assessed."
Addressing City Council Oct. 22, Sarabyn said, "The city is supposed to be responsible for any damage and I was to be notified of any additions. When Orchard Street's storm sewer went in, I had no notification until work started. We have had damage and I believe the city is responsible for the damage. All we can do on the petition is wait and see what the drain commissioner comes up with, but I don't feel that myself and people downstream should be penalized. It's your move. It may end up back in court someday, but I'm trying to avoid that."