Bob-O-Link Estates 433 Drain Petition and BOD
Board of Review:
To: Landowners in the Bob-O-Link Estates Drain Drainage District
On July 2, 2020 at 9:00 a.m. a Board of Review hearing will be held both in person and electronically via Zoom in response to two appeals of apportionment that were filed in accordance with MCL 280.155 on June 8, 2020. Only the Board of Review members, landowners who appealed, the Drain Commissioner, and their representation will attend in person. All others have the right to attend and speak electronically via Zoom. The necessary Zoom attendance information is contained in the attached notice and written guidance on attending a virtual court proceeding. The apportionments percentages as viewed on the Day of Review, held on Friday May 29, 2020, may be subject to change as a result of this hearing.
Should you have any questions, please contact this office.
Van Buren County Drain Commissioner
STATE OF MICHIGAN
OFFICE OF THE VAN BUREN COUNTY DRAIN COMMISSIONER
IN THE MATTER OF THE BOB-O-LINK ESTATES DRAIN
Probate Court File Nos. 20201067-ML & 20201068-ML
NOTICE OF MEETING OF BOARD OF REVIEW
Notice is Hereby Given that the Bob-O-Link Estates Drain Board of Review, composed of William Buhl, Karen Makay, and Craig Hess, will meet on July 2, 2020 at 9:00 AM to review the apportionment of percent for benefits for a certain drain known and designated as the Bob-O-Link Estates Drain located in Van Buren County.
The Board of Review for the Bob-O-Link Estates Drain in Van Buren County was appointed on application of two landowners who filed an appeal of the apportionments as provided in MCL 280.155, that being Section 155 of the Michigan Drain Code of 1956, as amended.
You are Further Notified that the Board of Review will be held in person and electronically via Zoom. The Appellants & Appellee shall attend in person at the Van Buren County Courtroom No. 1, 212 E. Paw Paw Street, Paw Paw, MI 49379. Any members of the public who are not Appellants, can attend and participate via Zoom. For those seeking to participate electronically through online audio-conferencing, participants can access the electronic meeting by going to the zoom website (https://zoom.us) and joining the courtroom with meeting ID 344 479 2441.For those seeking to participate via telephone, please call (646) 876-9923 and after the prompt entering meeting ID is 344 479 2441. More detailed instructions are attached to this notice. Please note the Board of Review is taking place in “Virtual Room 1.”
The Board of Review will receive testimony and evidence and review the apportionment of benefits and take such further measures as required under MCL 280.156 and MCL 280.157, that being Sections 156 and 157 of the Michigan Drain Code of 1956, as amended.
Proceedings conducted at this Board of Review will be subject to the provisions of the Michigan Open Meetings Act and you are further notified that information regarding this meeting may be obtained from the Van Buren County Drain Commissioner. Persons with disabilities needing accommodations for effective participation in the meeting should contact the Van Buren County Drain Commissioner at the number noted below (voice) in advance of the meeting to request mobility, visual, hearing, or other assistance.
Given under my hand on June 16, 2020.
Van Buren County Drain Commissioner
- January 7, 2020: Final Order to establish a legal establish county drain was signed.
- All easements were finalized and recorded in n late December 2019 prior to Final Order.
- January 14-15, 2020: Emergency work was done on new branch of drain along 25th street to help alleviate flooding until final project can be completed.
- January/February 2020: Bid letting for Bob-O-Link Estates Drain project and Notice of Award issued.
- Seven bids were received for the project.
- Contract documents and agreements were in progress.
- March 2020: All contract documents were reviewed and finalized and the Notice to Proceed was issued to contractor on March 12, 2020.
- In efforts to get competitive bids and possible spring rains slowing construction, the contract completion date deadline is set for August 1, 2020.
- The pumps will remain in place until the new drainage system is completely activated.
- March 27, 2020 Day of Review was Cancelled due to COVID 19 restrictions.
- May 29, 2020: Day of Review of Apportionment and Drainage District Boundaries.
Construction will consist of over 4,400 feet of underground stormwater pipe 12-30 inches, 22 drainage structures (catch basins), 3,993 feet of 6 inch underdrain, 550 feet of new open ditch construction and 890 feet of open ditch clean-out.
NOTICE OF DAY OF REVIEW OF APPORTIONMENT AND
DRAINAGE DISTRICT BOUNDARIES
BOB-O-LINK ESTATES DRAIN
DATE: Friday, May 29, 2020
TIME: 9:00 a.m. - 5:00 p.m.
LOCATION: REMOTE ELECTRONIC ACCESS
QUESTIONS: (269) 657-8241
A Day of Review was previously scheduled for March 27, 2020, but due to the coronavirus public health crisis, it was postponed. The Day of Review has now been rescheduled to the above date and time via electronic remote access. The Day of Review is an opportunity to review the Bob-O-Link Drain Drainage District apportionment of benefits and boundary with the Drain Commissioner or a staff member. A map of the proposed Drainage District boundary revisions can be viewed on the Van Buren County Website at: https://www.vbco.org/bobolinks.asp
Due to the coronavirus public health crisis, the Day of Review will be held through electronic remote access, as provided in this notice. A general description of the lands by section number proposed to be added or deleted from the Drainage District as recommended by a licensed professional engineer or surveyor for the Drain is as follows:
Portions of Sections Added
Portions of Sections Removed
Antwerp Township Sections Added:
NW, SW, and SE Quarter Sections of Section 1; NE and SE Quarter Sections of Section 2
Village of Mattawan Sections Added:
NE Quarter Section 11; All Quarter Sections of Section 12
Electronic participation will be conducted through Zoom. The Day of Review may be accessed through any device supporting the Zoom app, which includes many computers, laptops, smartphones. Users on a computer or laptop will be given the option to join the meeting through a web browser without downloading the Zoom app. Additionally, individuals may call into the Day of Review by telephone.
Prior to the Day of Review:
- Website. Please visit the Drain Commissioner’s website at https://www.vbco.org/drain.asp for more information regarding the Day of Review, including a map of the proposed Drainage District boundary revisions, and proposed apportionment roll.
- Questions. If you would like to ask questions or make comments about the Day of Review, your property, or proposed apportionment prior to the Day of Review, please send an email to email@example.com or call the Drain Commissioner’s Office at (269) 657-8241. Questions related to the Drainage District email Lucas Timmer at firstname.lastname@example.org
- Zoom. Since the Day of Review is being held through remote electronic access, it is recommended that participants download the Zoom app to your device in advance to ensure there is time to obtain technical advice prior to the Day of Review.
- Special Access. Persons with disabilities needing accommodations for effective participation in the Day of Review should contact the Drain Commissioner’s Office at the number noted above (voice) or through the Michigan Relay Center at 7-1-1 (TDD) at least 24 hours in advance of the Day of Review to request mobility, visual, hearing or other assistance.
On the Day of Review:
- The Drain Commissioner, engineers and/or other staff members will be available to assist individuals throughout the day and make revisions where necessary. There is no need to schedule an appointment for a specific time on the Day of Review.
- To participate electronically through Zoom, you can access the Day of Review through the following link: https://us02web.zoom.us/j/88059701600
- For participation on Zoom via telephone, please call: (312) 626-6799
- Once individuals have joined the Day of Review electronically, the Drain Commissioner will provide further information about procedures for participation.
- The computation of costs for the Drains will also be available at the Day of Review and will be on the Drain Commissioner’s Office website. Drain assessments are collected in the same manner as property taxes and will appear on your winter tax bill. If drain assessments are being collected for more than one (1) year, you may pay the assessment in full with any interest to date at any time and avoid further interest charges.
After the Day of Review:
You may appeal the Drain Commissioner’s decision to revise the district boundaries to the Van Buren County Circuit Court within ten (10) days, and you may also appeal the determination of apportionments to the Van Buren County Probate Court within ten (10) days.
Van Buren County Drain Commissioner
Bob-O-Link Estates Drain and Drainage District 2020
FREQUENTLY ASKED QUESTIONS about the Day of Review of
Drainage District Boundaries and Review of Apportionments
What is a Day of Review of District Boundaries?
The Michigan Legislature passed a law in 2013 to allow revisions to historical drainage district boundaries when recommended by a licensed engineer. Property owners can review changes with the Drain Office staff during the Day of Review.
What is a Drainage District?
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 maintenance and improvement of the drain.
Why are the boundaries being revised?
Revisions are recommended because the historic drainage district boundaries do not accurately reflect the current watershed of the drain.
What is a Day of Review of Apportionments?
A Day of Review of Apportionments provides an opportunity for property owners to review the percent of benefit of the drain assigned to their property. The apportionments of benefit are based on acreage, land use, and other factors. The apportionments determine the assessment amount for each property for costs of construction or maintenance.
Why are the apportionments being revised?
Parcel apportionments are being revised to more accurately reflect the percentage of benefit that each property receives from the drain. If a parcel is on the outer boundary of a drainage district, it is possible that only a portion of the parcel will be assessed.
Why did I receive a notice?
Notices went out to the following property owners:
Properties being added to the Drainage
District. The properties were not previously in the drainage district, but the engineers determined that the properties are within the drain’s watershed.
Properties being removed from the Drainage
District. The properties were previously in the drainage district, but the engineers determined that the properties are not in the drain’s watershed.
Properties currently in the Drainage District and proposed to remain in the Drainage
District. There is no change in terms of boundaries for these properties. All property owners subject to an assessment were sent a copy of the notice.
When do I receive my drain assessment?
Drain assessments are included on your Winter Tax bill, and are only levied when costs are incurred for the drain. Assessment amounts vary from year to year.
What is my assessment amount?
Estimated assessment amounts are included in your notice and are also available at the Day of Review.
Do I have to attend the Day of Review?
You are not required to attend the Day of Review.
In the beginning.....
Main Street Area Flooding, February 2018
NOTICE OF MEETING OF BOARD OF DETERMINATION
DATE: May 23, 2018
TIME: 2:00 p.m.
Antwerp Township Hall
24821 Front Street
Mattawan, MI 49071
A Board of Determination will meet at the above date, time and location to hear all interested persons, receive evidence and determine whether the maintenance, improvement and extension of the drain, as set forth in the petition, dated March 26, 2018, is necessary and conducive to the public health, convenience or welfare, and whether said maintenance, improvement and extension is necessary for the protection of the public health in the following municipalities: Village of Mattawan, Antwerp Township, pursuant to Chapter 8 of Public Act 40 of 1956, as amended.
A presentation will be made to the Board of Determination outlining a brief history of the Drain and Drainage District, and describing the roles, responsibilities and decisions made by a Board of Determination. The presentation is to provide background for landowners and municipalities in the drainage district and to facilitate the dissemination of information and the receipt of testimony of landowners in the Drainage District. The Board of Determination will make decisions at the end of the meeting.
Proceedings conducted at this public meeting will be subject to the provisions of the Michigan Open Meetings Act. Information regarding this meeting may be obtained from the Van Buren County Drain Commissioner’s Office located at 219 East Paw Paw Street, Suite 301, Paw Paw, MI 49079.
Persons with disabilities needing accommodations for effective participation in the meeting should contact the Drain Commissioner at the number listed above or through the Michigan Relay Center at 7-1-1 (TDD) at least 24 hours in advance of the meeting to request mobility, visual, hearing or other assistance.
Anyone aggrieved by the decisions of the Board of Determination may seek judicial review pursuant to MCL 280.72(3) and MCL 280.72a.
Van Buren County Drain Commissioner
On February 19-21, 2018 the Bob-O-Link Estates area received over 3 inches of rainfall and a snow melt of over 2 feet on already frozen/saturated ground. As a result, the surrounding area outside of Bob-O-Link Estates 433 Drain overwhelmed the northern retention basin resulting in overflowing water to the west. This extensive flooding overwhelmed N. Main Street near Bronson and Moli-Land, Inc. A similar but smaller event happened in spring of 2017 resulting in Bob-O-Links northern retention basin overflowing as well. Over the years, this has happened on several occasions during large rain events.
The jurisdiction of the County Drain Commissioner is limited to the Bob-O-Links Estates 433 Drain in the immediate area. As a result, a petition by the Village of Mattawan was submitted on March 26, 2018 to the Drain Commissioner in efforts to help alleviate future flooding issues. The petition started the process of determining whether the extension, maintenance and improvements of the Bob-O-Link Estate 433 Drain is necessary and conductive to the public health, convenience or welfare decided by a Board of Determination(BOD), public hearing. This process is outlined in Public Act 40 of 1956, The Michigan Drain Code.
Notices were sent out to the area effected by the possible extension, maintenance and improvement of the Bob-O-Link Estates 433 Drain. Information, reference material and documents on the BOD, public hearing and county drain are included on this webpage.
North Main Street Flooding February 2018
Area of Interest
MACDC Award Presentation - Bob-O-Links Estate Drain