Board delegates Silver Lake control to Drain Commissioner for 90 days amid liability questions

The Grand Traverse County Board of Commissioners voted to temporarily delegate responsibility for operating and maintaining the Silver Lake lake‑level control structure to the county’s Drain Commissioner for 90 days, directing administration to return with options and to invite the Drain Commissioner to present details.

The move followed extended debate about liability and the mechanics of delegating maintenance to a private volunteer. Administrator Eller introduced the item, noting a prior delegation had expired in November 2024 and that a private resident, identified in meeting materials as Mr. Strange, had been informally doing the work. Commissioners pressed staff on whether the county could shift liability and what protections would be required if a private individual acted in that role.

Gordon Love, who stepped in for absent staff, told the board that liability can be transferred through contract language but cautioned that an individual might lack the resources to cover significant claims. “The county wouldn’t indemnify him,” Love said, describing how prior agreements (such as the Duck Lake arrangement) required insurance and careful definition of duties.

Several commissioners said they welcomed the volunteer’s community service but were uncomfortable placing potential legal and financial exposure on a private person without clear insurance or indemnity provisions. Commissioner Henshall asked whether the county could require a specific insurance policy and whether the county could procure insurance on the person’s behalf; staff answered that the county’s risk manager and MMRMA would advise on appropriate limits and policy language.

After discussion, the board first directed administration to prepare solid numbers and invite the Drain Commissioner to a subsequent meeting. Commissioners then adopted a resolution — consistent with an earlier resolution referenced in the presentation — delegating duties to the Drain Commissioner for a 90‑day period while staff develops a permanent solution. The Chair clarified that the Drain Commissioner could, in turn, delegate operational tasks to volunteers, including Mr. Strange, under whatever terms the Drain Commissioner chose.

The resolution sets a 90‑day window for administration to return with options that address liability, insurance requirements and practical operations. The board did not specify insurance limits in the motion; staff said they would consult the county risk manager and produce contract language for the board to consider.

The board’s vote on the 90‑day delegation was taken after the motion and friendly amendment were recorded; the Chair announced the motion passed.

Next steps: administration will draft agreement language, identify insurance and indemnity options with MMRMA, invite the Drain Commissioner to present to the board, and return with specific recommendation(s) and cost estimates within the 90‑day window.