Special Meeting

Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Special Meeting Agenda Tuesday, November 21, 2023 - 7:00 PM These proceedings tonight are being recorded to help prepare the minutes, after the minutes are prepared this recording will be no longer available after approval of the village council. Michigan Open Meetings Act MCL 15.262(1). Page 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. AGENDA 4.1 Agenda presented for approval 5. CONSENT AGENDA: 5.1 Minutes from the previous meetings 2-4 Regular Meeting - 07 Nov 2023 - Minutes - Pdf 6. UNFINISHED BUSINESS: 6.1 Maintenance and improvement of a Drain "North Lake Drain". 5 - 14 North Lake Drain M&I Petition - Village of Breedsville North Lake Drain Resolution for M&I Petition - Village of Breedsville Chapter 8 County Drain Petition Process 2023 Citizen Guide to Drain Code - Letter size Questions-Assessments-Revised 7. PUBLIC COMMENTS: 8. BOARD COMMENTS: 8.1 Trustee L. Weniger Trustee P. Cooley Trustee T. Weniger Trustee W. Yeager President S. Rogusta 9. FINAL ANNOUNCEMENTS: Next Meeting December 5, 2023 @ 7:00 pm 10. ADJOURNMENT 10.1 Adjournment Page 1 of 14  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Minutes Tuesday, November 7, 2023 7:00 PM 1. CALL TO ORDER: Call to order @ 7:00 pm 2. PLEDGE OF ALLEGIANCE: Led by all 3. ROLL CALL: PRESENT: Trustee Larry Weniger, Trustee Paul Cooley, and President Steven Rogusta, EXCUSED: Trustee - Pro Temp William "Billy" Yeager and Trustee Tim Weniger 4. AGENDA 4.1 Agenda presented for approval Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, Motion to approval Carried by the following votes: Ayes: Trustee Paul Cooley and President Steven Rogusta 5. CONSENT AGENDA: 5.1 Minutes from the previous meetings Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, motion to approve as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee Paul Cooley, and President Steven Rogusta 5.2 Expenditures Page Page21ofof14 3  Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, motion to accept Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee Paul Cooley, and President Steven Rogusta 6. REPORTS: 6.1 Sheriff Deputy/Fire Dept 6.2 VBC Commissioner (Kurt Doroh) 6.3 Zoning/Blight Report 7. UNFINISHED BUSINESS: 7.1 Dix Road Joe Parman spoke to the board about the Drain and Dix Road. There are several steps that need to be done before work can start. Petition and Resolution for maintenance and improvement of the Drain "North Lake Drain" along with the process will be sent to the Village Clerk from Joe Parman to be brought before the Board President will call a special meeting if this information is received before the next meeting. 8. NEW BUSINESS: 8.1 Key Policy Policy was reviewed no changes on this policy at this time 8.2 Security System Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, motion to accept the bid from Mr. Garvison for the stalink cellar communicator. NTE $500.00 Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee Paul Cooley, and President Steven Rogusta 9. PUBLIC COMMENTS: No Comments 10. BOARD COMMENTS: No other comments Christmas lights fixed - Nov. 11th @ 10:00 am 11. FINAL ANNOUNCEMENTS: Next scheduled meeting December 5, 2023 @ 7:00pm Page Page32ofof14 3 12. ADJOURNMENT 12.1 Adjournment Moved by Trustee Paul Cooley, seconded by Trustee Larry Weniger, Motion to adjourn at 8:23 pm Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee Paul Cooley, and President Steven Rogusta Page Page43ofof14 3  VILLAGE OF BREEDSVILLE PETITION FOR MAINTENANCE AND IMPROVEMENT OF A DRAIN NORTH LAKE DRAIN To the Van Buren County Drain Commissioner: The undersigned is the Village of Breedsville, Van Buren County, Michigan. This petition has been duly authorized by the governing body of the Village of Breedsville and requests that the North Lake Drain be maintained and improved as provided in Chapter 8 of Public Act 40 of 1956, as amended, to alleviate drainage issues in the Drainage District. The North Lake Drain is located in the Village of Breedsville and Columbia Township, Van Buren County, Michigan. The proposed maintenance and improvement is necessary for the public health, convenience or welfare and benefits the public health in the Village of Breedsville. The Village of Breedsville will be liable for an assessment at large against it for a percentage of the cost of the proposed maintenance and improvement. Dated: , 20______ __________________________________________ By: Steven Rogusta Its: President __________________________________________ By: Linda Norton Its: Clerk Page 5 of 14  RESOLUTION FOR PETITION FOR MAINTENANCE AND IMPROVEMENT OF A DRAIN VILLAGE OF BREEDSVILLE NORTH LAKE DRAIN At a meeting of the Village Council for the Village of Breedsville, held in Van Buren County, State of Michigan on the ____ day of ____________, 20___, at _______ a.m./p.m. PRESENT: ABSENT: The following resolution was offered by and seconded by . WHEREAS, the Village requests the maintenance and improvement of a drain, located in Van Buren County, pursuant to Chapter 8 of Public Act 40 of 1956, as amended; and WHEREAS, the Village has determined that the maintenance and improvement of the drain benefits the public health in the Village; and WHEREAS, the Village will be liable for an assessment at large against it for a percentage of the cost of the proposed maintenance and improvement. NOW, THEREFORE BE IT RESOLVED THAT the Village Council does authorize the filing of a petition for maintenance and improvement of the drain. BE IT FURTHER RESOLVED THAT the President is authorized to execute the petition for maintenance and improvement of the drain. BE IT FURTHER RESOLVED THAT the Clerk shall forward to the Van Buren County Drain Commissioner a copy of this Resolution for the petition for maintenance and improvement of the drain. VILLAGE OF BREEDSVILLE Dated: ________________ By: Steven Rogusta Its: President 1 Page 6 of 14 Yeas: Nays: Abstain: Absent: Resolution No. I, the undersigned, being duly qualified and acting Clerk of the Village of Breedsville, do hereby certify that the foregoing is a true and complete copy of certain proceedings taken by the Village Council for the Village of Breedsville at a regular meeting held on the _____ day of _______________, 20__ and that notice of said meeting was given in accordance with the Open Meetings Act. Linda Norton, Clerk Date Village of Breedsville 2 Page 7 of 14  VAN BUREN COUNTY DRAIN COMMISSIONER JOE PARMAN, Drain Commissioner GEORGIA GENIS, Deputy Drain Commissioner JOSHUA GRIFFITH, Chief Deputy Drain Commissioner Chapter 8 County Drain Petition Process: THE PETITION A petition under Chapter 8 may be submitted by landowners, one or more municipalities (city, township or village), a county road commission or the Michigan Department of Transportation (MDOT). LANDOWNER PETITIONS For Landowner petitions, a sufficient number of freeholders must sign the petition. Circulator instructions are available to be distributed. Please note that “freeholder” does not necessarily have the same meaning as “landowner.” NUMBER OF FREEHOLDER SIGNATURES REQUIRED The Drain Code now simply requires an intercounty maintenance and improvement petition be signed by 5 1 freeholders or at least 50% of the freeholders in the Drainage District. • A freeholder may only be counted once. Even though the freeholder may own more than one parcel in the drainage district or may own land in two or more counties in the drainage district, the freeholder is counted only once. • A freeholder signing on behalf of a Corporation/LLC/Partnership/Trust may be counted once for each business entity owning lands in the drainage district. The freeholder should specify which signature represents which entity. • When a property owned by husband and wife/tenancy in common/joint tenancy, each property owner listed in the deed is considered a freeholder and each count as an eligible signature. • Freeholder(s) that is/are the buyer(s) (vendee(s)) of a land contract, each may count as an eligible signature. • A freeholder may not have any unpaid taxes or special assessments against any lands in the drainage district for the preceding three (3) years. COMPLETE THE REQUIRED CERTIFICATES • The drain commissioner must complete a Certificate of Checking. • The drain commissioner must have the County Treasurer complete the Treasurer’s Certificate as to Taxes and Special Assessments Unpaid. Page 8 of 14  VAN BUREN COUNTY DRAIN COMMISSIONER JOE PARMAN, Drain Commissioner GEORGIA GENIS, Deputy Drain Commissioner JOSHUA GRIFFITH, Chief Deputy Drain Commissioner HEARING OF THE BOARD OF DETERMINATION a. As soon as practicable after petition is filed, the drain commissioner may appoint a board of determination composed of 3 disinterested property owners. Members of the board of determination shall be residents of the county but not of a township, city, or village affected by the drain, and shall not be members of the county board of commissioners of the county. b. The drain commissioner will set-up a meeting of the board of determination and give public notice of the time, date, and place of the meeting, first class mail and publication in a newspaper. c. The public meeting is held by the board to determine if the drain is necessary and conducive to public health, convenience, or welfare. At the meeting, affected property owners may express their opinion concerning the drain to the board of determination. The decision on necessity rests with this board and the decision on necessity is determined by a majority vote. No vote of the people at the meeting is taken. No guidelines on determining necessity are contained in the statute except that the drain must be conductive to public health, convenience, or welfare. If the board finds the drain unnecessary the proceedings stop. d. Whenever the board of determination finds by majority vote of the whole number of members that the drain is or is not necessary, any person feeling aggrieved by the determination may file in the circuit court for the county. The action shall be filed by the person aggrieved within 10 days after the determination of necessity or no necessity by the board of determination. If it is determined that the drain is not necessary and conducive to public health, convenience, or welfare, the board of determination shall file with the commissioner an order dismissing the petition, and a further petition for the drain shall not be filed within 1 year after the determination. e. If the board of determination finds the petition necessary, the drain commissioner, within 20 days shall file the first order of determination describing the drainage district and a general description of the route and course of the drain. Page 9 of 14  VAN BUREN COUNTY DRAIN COMMISSIONER JOE PARMAN, Drain Commissioner GEORGIA GENIS, Deputy Drain Commissioner JOSHUA GRIFFITH, Chief Deputy Drain Commissioner ENGINEERING DESIGN, EASEMENT, PERMITS f. Once the first order of determination is filed, the commissioner shall secure from a professional engineer, plans, specifications, and an estimate of cost of the proposed drain and descriptions of the lands or right of ways needed for the proposed drain. g. The engineering phase includes survey, design, plans for construction, cost estimates, permits (EGLE), right of ways and bid specifications and contracts. EGLE(MDEQ) permitting and securing right of ways will add more time and money to this stage of the process. h. When the engineering phase is completed and all right of ways are secured, the drain commissioner shall make the final order of determination establishing the county drain. The final order describes the route and course of the county drain and the drainage district boundaries. i. The drain commissioner then advertises for bids for the construction of the drain and sets the apportionment of benefits of the cost of construction. Municipalities, MDOT, road commission and property owners within the drainage district shall be liable to pay by reason of the benefit to the public health, convenience, or welfare. All apportionments of benefits under Drain Code shall be based upon the principle of benefits derived. j. The review of the apportionment of benefits and drainage district boundaries are done at a public meeting known as the Day of Review. The Day of Review of Apportionments provides an opportunity for property owners to review the percent of benefit of the drain assigned to their property. An appeal of Drain Special Assessments may be made to the Van Buren County Probate Court within 10 days after the Day of Review. k. Once the appeal period has ended, the financing for the project can be completed, and a notice to proceed can be given for construction. l. Once construction is completed, the county drain is maintained by the county drain office and all maintenance is paid for through special assessments. Page 10 of 14  VAN BUREN COUNTY DRAIN COMMISSIONER JOE PARMAN, Drain Commissioner JOSHUA GRIFFITH, Chief Deputy Drain Commissioner GEORGIA MASSURA, Deputy Drain Commissioner Citizen Guide to the Drain Code This information is being provided to help you better understand the process, funding and other implications of a drain project in your neighborhood. What is a Drain Project? A drain project is the establishment, construction, maintenance or improvement of a drain designed to prevent flooding, decrease soil erosion and sedimentation and provide better drainage or agricultural lands, residential lands or other development. A “drain” may include roadside ditches, agricultural drains, tiling/enclosed systems under agricultural or developed land, creeks, rivers and lakes. Who oversees Drains and Drain Projects? Drainage activities are generally governed by the Michigan Drain Code and administered by the County Drain Commissioner, the elected official in charge. The Drain Commissioner has jurisdiction over all established county drains and performs the duties set forth in the Drain Code. Basically, the Drain Commissioner administers the establishment, construction, maintenance and improvement of county drains, and is responsible for the assessment of the costs incurred. How Does a Drain Project Begin? Generally, drain projects are started when a "petition" is submitted to the Drain Commissioner. The petition states that a drainage problem exists and the petitioners would like the Drain Commissioner to solve the problem. A petition can be filed on an existing drain for maintenance or improvements to be undertaken, or it can be filed for the establishment of a new drain. For an existing drain, a petition must be signed by at least five property owners whose land is in the drainage district and would be liable to be assessed for a portion of the costs of the project. For a new drain, an application to establish a drainage district is required before you can petition to establish a County Drain. A drainage district is the area of land that benefits from the drain. The application must be signed by at least ten property owners in the township—five of whom must own land in the drainage district. After the application is received, the Drain Commissioner works with an engineer to determine the area which would be drained by and receive benefit from the new drain. If determined practical, the Drain Commissioner then formally establishes the drainage district boundary. A petition to locate, establish and construct the new drain is then required. The petition must be signed by 50% of the property owners whose property would be traversed by the new drain. Who Can Petition for a Drain Project? A petition can be filed by property owners in the Drainage District, a Township/City/Village, and County Road Commission or the Michigan Department of Transportation. Who Decides Whether to Do a Drain Project? Once petitioned, a "Board of Determination" convenes. The Board of Determination is a three-member board appointed by the Drain Commissioner. The members must be residents of the County but cannot own property in the Drainage District or in the Township/City/Village. The role of the Board of Determination is to receive testimony and evidence at a public hearing to determine: a) Whether a project is necessary and conducive to the public health, convenience or welfare. b) Whether all or a portion of the project benefits the municipalities in the district for the protection of public health; and in some instances c) Whether lands should be included in or added to a drainage district. The Board of Determination does not determine the scope of the project or the cost of the project, and does not determine how much property owners and municipalities will be assessed for the project. The Drain Commissioner makes these decisions after the engineering is performed, but before construction occurs. ~continued~ Page 11 of 14  VAN BUREN COUNTY DRAIN COMMISSIONER JOE PARMAN, Drain Commissioner JOSHUA GRIFFITH, Chief Deputy Drain Commissioner GEORGIA MASSURA, Deputy Drain Commissioner Who Receives Notice of a Board of Determination Hearing? Notices for the Board of Determination hearings are sent to all property owners who own land within a current drainage district and whose lands are proposed to be added to the drainage district. All interested persons may testify at the Board of Determination, or may send written testimony to the Drain Commissioner prior to the Board of Determination hearing. Can the Board’s Decision be Appealed? If the Board of Determination determines a drain project is necessary, any aggrieved person has 10 days to appeal but they may only appeal the finding of necessity, since that is the only issue the Board of Determination is acting upon. After the 10th day appeal period is over, the Drain Commissioner may proceed with the project. Can the Project Change? Since the scope of the project may not be fully defined at the time of the Board of Determination meeting, drain projects may change in scope. The project may get larger or smaller. Who Determines What Needs to be Done? If the Board of Determination determines a drain project is necessary, the Drain Commissioner decides how to solve the problem. He may contract out various parts of the project, including engineering analysis, project management, and construction. Who Determines What Needs to be Done? If the Board of Determination determines a drain project is necessary, the Drain Commissioner decides how to solve the problem. He may contract out various parts of the project, including engineering analysis, project management, and construction. Who Pays for Drain Projects? Land owners and municipalities within a given Drainage District pay for drain projects within the district. The cost of the project is shared by all the property owners within the district. Each property will be assigned its share, which is calculated on the “benefit” received by each property. The methods for determining benefits can be based on a variety of factors such as acreage and zoning/land use that treats all property owners fairly. Portions of drain project costs are also assigned to the Township/City/Village for public health benefit and to the County and the County Road Commission for benefit to county roads. The Drain Commissioner will also determine the terms of payment for any assessment. Large projects may be financed by the issuance of notes or bonds, with the costs and assessment. Large projects may be financed by the issuance of notes or bonds, with the costs and assessments spread out over many years. What is the Drain Commissioner allowed to do without a petition? Michigan Drain Code allows the Drain Commissioner to expend, without petition, up to $5,000 per mile per drain in any one year for maintenance and repair. What’s Next? If you believe that an official county drain would be beneficial to your property or would like to request maintenance of an existing county drain, please feel free to contact the Drain Commissioner’s Office for additional information and guidance: Joe Parman Van Buren County Drain Commissioner’s Office 219 East Paw Paw Street, Suite 301 Paw Paw, MI 49079 Phone: 269-657-8241 Fax: 269-657-8286 E-mail: parmanj@vanburencountymi.gov www.vanbuencountymi.gov/524/Drain-Commissioner Page 12 of 14  VAN BUREN COUNTY DRAIN COMMISSIONER JOE PARMAN, Drain Commissioner JOSHUA GIFFITH, Chief Deputy Drain Commissioner GEORGIA MASSURA, Deputy Drain Commissioner FREQUENTLY ASKED QUESTIONS ABOUT DRAIN SPECIAL ASSESSMENTS 1. What is a drain assessment? County drainage districts are separate public corporations with their own financial records. Each drainage district is supported by a Drain Special Assessment that covers the cost of maintaining the drainage system. County drains are not maintained by Van Buren County general fund taxes. 2. What is a drainage district? A drainage district is a legally established area of land that drains to a common outlet. Drainage district boundaries are determined by the natural topography of the land and rarely correspond to political boundaries such as townships or counties. Common words for drainage district include watershed and drainage basin. 3. Where does the storm drain for which I am being assessed located? The Van Buren County Drain Office has maps and aerial photos that can show the location of your property and the county drains within the drainage district. These documents will be available on the Day of Review. Even if your property does not touch the county drain, storm water flows toward this county drain as an outlet regardless of the land's elevation. 4. Why did I receive more than one special assessment notice? Each notice informs you of a Drain Special Assessment for a different drainage district. Your property can be in multiple drainage districts because storm water moves from smaller watersheds through larger watersheds, ultimately discharging to the Great Lakes. For example, if your property were in a small watershed that is “nested” inside a larger watershed, you would receive an assessment for each district, should they both be assessed in the same year. 5. Is this the only way I would receive multiple drains assessments in one year? No. Water may flow off your property in more than one direction to different drains and drainage districts and all those drains may be assessed in one year. 6. How are assessments determined? The law requires that assessments be based on benefit derived as determined by the Drain Commissioner. All properties within the drainage district are assessed considering factors such as size of the parcel, land use, proximity to the drain, and location of the property within the district. Drainage is considered as an interdependent system with the entire system benefiting from maintenance of the common outlet. Due to newer data and updated technology a parcels benefit derived from a drain may also include the type of land cover within that parcel. Land cover may include a parcels agricultural use, developed area related to residential and commercial use, and natural area such as grassland, forest, and wetlands. Continued…. 219 E. Paw Paw St., Suite 301, Paw Paw, MI 49079-1492 Page 13 of 14 Phone: 269.657.8241 Fax: 269.657.8286 Email: parmanj@vanburencountymi.gov 7. Do all property owners pay drain assessments? All property owners within a drainage district receive an assessment, unless specifically exempted by law. In addition, the municipality, Van Buren County, the Van Buren County Road Commission, and the Michigan Department of Transportation (as appropriate) also receive an assessment for a portion of the maintenance costs. The Drain Code does not exempt most non-profit or religious properties from assessment. 8. What is a Day of Review of Apportionments and do I have to attend the Day of Review. This is a time when you are invited to review the maintenance efforts and costs for providing your land with storm water drainage and to discuss your proposed share of (apportionment) of these costs. This is also a time to inform the Drain Commissioner’s Office of additional maintenance issues. Your attendance on the day of review is not required and most of the information such as costs and apportionment are on the letter you have received. There is also more information available on the County Drain Office website. 9. I recently purchased my property. Why am I being billed for work done prior to my ownership? Although the work for which you are being assessed may have been completed prior to your purchase of the land, the Drain Code requires that assessments be levied to the property and assessed to the current owner of record. In most cases, the work performed will benefit the property for years to come. 10. What if I cannot attend the Day of Review? If you are unable to attend the Day of Review and have questions regarding your assessment or the assessment process, please call the Van Buren County Drain Office. It is possible to make an appointment at times other than the Day of Review, although the appeal period begins after the date of the Day of Review. 11. What happens if I disagree with the proposed assessment for my property? Appeal of Drain Special Assessments may be made to the Van Buren County Probate Court within 10 days after the Day of Review. 12. How do I pay my drain assessment? Drain assessments appear on your winter property tax bill and are paid along with your property taxes. To lessen yearly cost a drain assessment may be spread over multiple years, i.e., 1 of 3 years. More information at: www.vanburencountymi.gov/514/Drain-Commissioner Joe Parman Van Buren County Drain Commissioner Page 14 of 14