Legislation that would allow certain counties to eliminate the drain commissioner's position has received mixed reviews from area officials.

In August, legislation was introduced to the state Senate that would amend the state's drain code to allow counties with 12,000 to 35,000 residents to eliminate the position if the drain commissioner and county board of commissioners agree.

The powers and responsibilities of the position, which currently is mandated for counties with over 12,000 people, would be transferred to the county road commission.

The legislation was created by Cheboygan County Drain Commissioner Dennis Lennox, who won election last November with a campaign promise of abolishing his position.

Some local officials don't see a problem with the transferring duties to the road commission because there are funding issues with the position to begin with.

"If the drain commissioner needs money, he goes to the county finance committee and they have to come up with it from the contingency fund, so my feeling is it's up to the commissioners. If they feel it would be more efficient to move it into the road commission, I don't have an objection," Alpena County Drain Commissioner Don Wood said.

Alpena County Road Commission Managing Director Larry Orcutt said a potential downfall to the transfer of power would be the impression it may give to residents. He said the office still would have to receive funding - funding that couldn't come from the road commission's budget.

"My personal fears about that is the presumption that the road commission would be able to resolve drain issues any better than the drain commissioner can," Orcutt said.

The road commission currently deals with drainage issues if they affect the road, therefore there is some existing confusion in who handles drainage issues, he said.

In Alcona County, the road commission already is responsible for the drain commissioner's duties - which is allowed because the county has a population under 12,000.

Alcona County Road Commission Engineer/Manager Ron Young said there are no public drains the county oversees, and the function of the road commission and drain commission is often confused.

"The biggest problem we run into is occasionally folks will call in and ask about something and they'll be confused about how it works," Young said.

Drain projects can be done with funding from a special assessment - money paid by residents affected by a drainage issue - but those aren't common in Northeast Michigan.

Presque Isle County Drain Commissioner Charlie Lyon said he sees value in the drain commissioner position, but could understand counties deciding on their own if they want to cut it.

Lyon said he is paid to work as the drain commissioner one day per week, but he does much more than one day's worth of work per week. He said the road commission, if given the drain commissioner's responsibilities, may not have the time and manpower to deal with the issues he does.

He said he is a "conflict resolution guy" who helps people figure out their drainage issues - something that is important to those affected, but may take a back seat to road commission operations.

His position has a $8,500 budget, which he said he doesn't exceed, that could be cut in a cash-strapped county if the legislation is passed.

"Personally I think it's up to the board of commissioners," Lyon said.

With the state Senate occupied with putting together a budget, the legislation has not yet been acted upon. If passed, it would give the option to eliminate the drain commissioner in both Alpena and Presque Isle counties. Alcona and Montmorency counties have under 12,000 residents.

Sean Harkins can be reached via e-mail at sharkins@thealpenanews.com or by phone at 358-5688.