Board of Determinations
Future Board Meeetings
Drains with Recent Board Meetings
- 0141 Alger Creek and Extention Drain - 2:00 PM, Aug 11, 2022 - Notice
- 1701 Bush, Highgrove Branch of - April 7, 2022 - Notice
- 0977 Geiger-Maxwell Drain - December 16, 2021 - Notice
- 0026 Hungerford Drain - 2:00 PM, June 21, 2022 - Notice
- 1702 Kearsley Creek, Grandview Branch - 2:00 PM, Dec 8, 2022 - Notice
- 1023 Liba Drain - Febuary 24, 2022 - Notice
- 1700 Parker Creek Drain - September 28, 2021 - Notice
- 1236 Sherwood, Extensions of Hill Raod Branch Drain - November 23, 2021 - Notice
- What is a Board of Determination?
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A Board of Determination is a 3-member panel of disinterested property owners. The role of the Board of Determination is to receive evidence and hear testimony and determine whether the construction (or establishment) of the proposed drain is necessary and conducive to the public health, convenience or welfare.
- What is a Drainage District?
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A drainage district is the land area that benefits from the drain. The drainage district makes up the watershed that contributes water to the drain. Each property and municipality within the drainage district pays for the construction (or establishment) of the Drain and for future maintenance and improvement of the drain.
- Why did I receive a notice?
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A petition was filed with the Genesee County Drain Commissioner's Office requesting the locating, establishing and constructing of the proposed Drain. All property owners with lands in the Drainage District were sent a copy of the
notice.
- Does the Board of Determination decide what work gets done?
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No, the Board of Determination decides necessity, but does not determine the scope or cost of the project. Further, the Board of Determination does not determine how much property owners and municipalities will be assessed.
- Does the decision of the Board of Determination have to be unanimous?
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No, only a majority vote of the Board of Determination is required. Only the members of the Board of Determination vote. The
attendees at the meeting do not vote, but instead provide testimony to the Board members to assist in their determination.
- What is my assessment amount?
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Estimated assessment amounts are not yet determined. If the Board of Determination finds the project necessary, the Drain Commissioner will hold a public meeting to review apportionments after a project scope has been determined. Notices for the public hearing on assessments will be sent out at a later date.
- Do I have to attend the Board of Determination?
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No, you are not required to attend the meeting; however, it is your right to do so. If you wish to have your comments heard by the board send a letter to 4608 Beecher, Flint MI 48532, or an email to our staff before the date of the meeting to be read at the meeting.
- Can the decision of the Board of Determination be appealed?
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Yes. If a person feels aggrieved by the board’s determination of necessity, he/she may institute an action in circuit court within 10 days under MCL 280.72a.
Drains are listed alphabetically
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Board of Determination Meeting, 2:00PM June21, 2005 at Atherton High School Gymnasium(3354 South Genesee Road)
PER Executive summary(747kb),
Assessment
Map
The Drain Commissioner Constructs and Maintains
Drains pursuant to Public Act 40 of 1956 "The Drain Code"
Under this statute, residents within a drainage district may petition the Drain
Commissioner's Office for drainage improvements.. A petition was
received by the Drain Commissioner for the Gilkey Creek dated September
3,2004
Upon receipt and certification of a petition the Drain Commissioner is required to
convene a Board of Determination meeting: Residents within the Gilkey
Creek and Branch were notified of the Board of Determination meeting by first
class mail, as well as it being published in the Flint Journal.
The purpose of this meeting is for the Board of Determination to take
testimony to determine the necessity of the proposed drain. The Board of
Determination meeting was held on June21, 2005 at 2:00PM. at the
Atherton High School Gymnasium at 3354 South Genesee and was determined
necessary.
Jan 2006 through Aug 2007: Spicer Group was retained to survey the drain,
identify the problems and propose solutions in the Preliminary Engineering
Report. A copy of this report was sent to the petitioner and
each community within the Gilkey Creek and Branch Drainage district for a 30-day
review period. A copy of the executive summary was made available here on
this website.
Aug 2007 through Jan 2010: Drain Commissioner's Staff using the testimony
from the Board of Determination, the Preliminary Engineering Report and any
comments from the review period determined a preliminary design. Based on
that design, the Drain Office identified and acquired property to facilitate the
preliminary design.
June 2008 through May 2010: During this time, the Drain Office Staff
explored and applied for grants available with the State of Michigan that would
help pay for this project and improve water quality benefits. Ultimately
this effort was unsuccessful.
May 2010 through Aug 2011: Spicer Group at the Drain Office's direction,
developed the final design, Construction drawings, and
Bid Documents for the project. Property Owners within the Gilkey Creek
and Branch Drainage District were notified of the Notice of Letting and Day of
Review by first class mail, as well as it being published in the Flint Journal
twice. Bids were received on
Sept 23, 2011.
After
9AM Oct 12, 2011-the Day of Review,
Individual
Assessments will be known.
Note:
Your Parcel Number(s) is needed to look up your assessment(s). On the
envelope you received for the Notice of Letting, the 10-digit Parcel Number is
printed above your name and address.
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Board of Determination Meeting, January 18, 2022 - Notice Canceled - Notice
Board of Determination Meeting, Febuary 3, 2022 - Notice Canceled - Notice
Board of Determination Meeting, Febuary 24, 2022 - Notice
BOD District Maps 8x11, BOD District Maps 11x17, BOD District Maps 24x36
Full District Maps 8x11, Full District Maps 11x17, Full District Maps 24x36
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Board of Determination Meeting, 2:00 PM June 28, 2011 at Fenton Township Hall
Map
Petition
Preliminary Engineering Report(3797kb)
Appendix B (5843 kb),
Appendix C (5953 kb),
Appendix E (4859 kb),
Appendix F (4751 kb),
Appendix G (5116 kb)
Order of Not Necessary
Board of Determination Minutes
Board of Determination Meeting 2:00 PM June 5, 2012 at Fenton Township Hall (Meeting Reconvened)
Reconvened Order of Not Necessary
Reconvened Board of Determination Minutes
Sept 24, 2012
Circuit Court. Hearing on motion to reinstate the case
file.Order for Reinstatement
Judge granted the motion to reinstate the case file. Record of June 5,
2012 proceedings to be filed with court by 10/12/12.
October 29,2012
Hearing on propriety of the June 5, 2012 Board of Determination
Hearing will be conducted before Judge Farah. Judge Farah will
present his ruling on or before November 26, 2012 in regards to this case.
The Court has postponed the ruling to be on or before December 3, 2012.
Dec 3, 2012 The Court Ruling
The Court ruled that the Board of Determination's Order of No Necessity dated June 20, 2012, is
affirmed. The Defendant will file a final Order upholding no necessity for the judge to sign.
January 2013
Plaintiff filed a Motion for reconsideration in this court case.
February 22, 2013:
Defendant filed a Opposition to Motion for reconsideration in
this court case.
March 13, 2013
Judge Farah upheld his previous ruling.
April 3, 2013
Plaintiff filed a Claims of Appeal with the Court of
Appeals.
October 21, 2014:
Court of Appeals Opinion.
*Note: Court date and time may change without notice
*Note:
Maps and Engineering Reports are provided in PDF format online. Hard
copies are available for viewing in our office.
