DIVIDED ON DRAINS: Upcoming race shows divergent views on this role

Apr. 27—TRAVERSE CITY — The race for Grand Traverse County Drain Commissioner heated up this week when former county commissioner Ron Clous declared his candidacy for the office.

Clous is challenging the incumbent, Drain Commissioner Andy Smits, in the Aug. 6 primary election. Both are running on the Republican ticket.

Drain commissioners are elected on a partisan ballot for a term of four years.

Smits, 65, was elected in 2000 and filed for re-election earlier this year. He holds an engineering degree from Michigan Technological University in Houghton with a specialty in geology and hydrology. After college, Smits spent 35 years working as a project and consulting engineer.

Clous, 67, served a county commissioner for eight years, including six years as vice chairman of the board. In 1977, Clous and his brother Bill started Eastwood Custom Homes in Traverse City, which is still in operation today. Ron retired from the business in early 2023. In January 2021, Clous unexpectedly gained national attention when he briefly displayed a semi-automatic rifle during a county board Zoom meeting, days after the attack on the U.S. Capitol.

The drain commissioner's primary job is to oversee the county's drains — those vital but often overlooked channels that divert storm water and groundwater away from developed areas. The territory served by a specific drain, known as its watershed, is organized as a "drainage district." In these districts, the drain commissioner oversees the construction and/or maintenance of specific drains and culverts. Most counties have multiple drainage districts.

Grand Traverse County currently has 13 drainage districts. Five of them are county drains and seven are private drains that were requested via an individual contract with the drain commissioner's office.

State law (the Michigan Drain Code of 1956) empowers the county drain commissioner to directly levy taxes and borrow money without a vote of the people. No other state official, not even the governor, has that power.

Competing visions

Smits and Clous have different views on the drain commissioner's role.

Clous said he prefers a much smaller role for the drain commissioner. He said much of that work could be offloaded to the county's road commission and health department. During his time on county board, Clous consistently spoke out against additional funding and resources for the drain commissioner's office.

"I have 40 years of experience in the construction industry, especially in site development, and I know I can do this job," he said.

Clous said he decided to run for the office because he was unhappy when Smits asked for a salary increase from $18,000 a year to $45,000 when he initially had said he wouldn't do so. Earlier this year, the county commission voted to maintain that higher pay rate.

Nationwide, the average salary for a full-time drain commissioner or water resources manager is $82,169, according to a study by GovermentSalaries.com. The typical salary range is between $72,977 and $90,087 per year.

However, Clous said he believes the role here should have a much narrower scope.

"The main job is to answer the phone," he said. "The drain commissioner's responsibility is to keep drains operable, typically by hiring contractors to do the work. He's not out there with a rake."

"If there are stormwater problems and concerns, he should refer people to other departments in most cases," Clous added. "He should not be helping developers managing water runoff. That's a design issue."

In contrast, Smits says the position of drain commissioner is increasingly important in Grand Traverse County because of rapid commercial and industrial development.

Each new hard surface, such as a roof or parking lot, reduces that area's ability to absorb storm water, he said. Without adequate drainage networks, that water can cascade downward, leading to sudden and catastrophic flooding.

A major flood in October 2023 along Cass Road cost more than $1.5 million to remediate, records show. That flood closed roads, a railway and threatened major employers in adjacent the industrial park. Several local companies took action to prevent future damage.

"The role of drain commissioner is becoming more important, not less important, as our area's building boom continues," Smits said. "And now that we've been declared a 'metropolitan area' following the 2020 census, both the city and county are required to meet federal regulations about stormwater discharge."

As Smits sees it, the drain commissioner has three main priorities: Respond to customer requests about drainage-related issues — customer service; administer the state-mandated drain code requirements for drainage districts; and serve as a resource for the public on issues related to stormwater management.

As an example of the third priority, Smits recently held informational sessions for Traverse City, county and road commission officials about how to comply with the federal and state stormwater requirements.

Steve Largent, an aquatic biologist by training, served as county drain commissioner from 2016 to 2020. He said the drain commissioner role in a place like Grand Traverse County requires engineering expertise and year-round effort.

"When I was in the job, Ron Clous tried to get rid of it or downplay the role," Largent said. "It's ultimately up to the voters to decide if Ron Clous has the qualifications to be drain commissioner.

"Personally, I think Andy Smits did a great job in his first four years, and I think he'll continue to do so if he's re-elected."

A wetlands conflict

One reason for Clous' desire to downsize the drain commissioner's role may date back to Maureen Kennedy Templeton, who held that office from 1988 to 2003.

Templeton, an environmentalist, was 28 when she was elected to the job in a field traditionally held by men. During her tenure, she helped create a groundbreaking stormwater runoff ordinance that led to the development of similar rules around the state and nation.

She also was involved in various watershed protection projects and contributed her expertise to the Great Lakes Water Studies Institute at Northwestern Michigan College.

In the early 2000s, Eastwood Custom Homes clear-cut forests and bulldozed large swaths of wetlands on a 357-acre parcel between Three Mile and Townline roads in East Bay Township. Bill Clous, Ron's brother, was listed as the owner of that property. The resulting public outcry led to a three-year-long lawsuit that was settled in 2004, when Bill Clous agreed to pay fines and restore wetlands. East Bay Township now has an ordinance against such clear-cutting.

Invitation to debate

Smits said he is eager to debate Ron Clous about the role and responsibilities of drain commissioner. Having won the position in 2000 by only 106 votes, Smits said he is taking nothing for granted.

"People who have spent a good bit of time running for office know how to work the political system," he said. "Not knowing Ron Clous personally, I can't presume to know what his life experiences have prepared him for, but I will say that I'm probably better prepared to be drain commissioner."

New water-related issues are on the horizon, Smits added, such as possible new state limits on the use of road salt, which already impacts the salinity of the Great Lakes.

"I'm a first-generation American and I love our system of government," Smits said. "Holding a debate or two will give the public a chance to decide who's best for this job."