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Van-Cass Intercounty Drain - Bankson Lake

Notice of Drainage Board Meeting

For Determination of Necessity 

VAN CASS INTERCOUNTY DRAIN

(Van Buren and Cass Counties)

                  DATE:      December 21, 2020

                    TIME:      9:00 a.m.

         LOCATION:      https://us02web.zoom.us/j/89490118487, Passcode:  166113

                                    Or by telephone at 312-626-6799; meeting ID:  894 9011 8487

The Van Cass Intercounty Drain Drainage Board will meet virtually at the above date, time and location to hear all interested persons, receive evidence and determine whether the maintenance and improvement, as set forth in the petition dated May 28, 2019, is necessary for the public health, convenience, or welfare; and further to determine whether it is necessary to revise the boundaries of the Drainage District, pursuant to Chapter 8 of Public Act 40 of 1956, as amended. This meeting is being held via remote electronic access due to the COVID-19 pandemic and related federal and state agency recommendations.

The Drainage Board previously met on June 24, 2020, and determined the petition dated May 28, 2019, was necessary for the public health, convenience, or welfare; and further revised the drainage district boundaries as depicted in the attached map. However, Porter Township appealed the Drainage Board’s decision of necessity, claiming it did not receive notice of the June 24, 2020 meeting. All previous evidence submitted to the Board will be made a part of the record of this necessity hearing, so there is no need to resubmit evidence or comments previously received by the Drainage Board.

A licensed professional engineer has recommended lands be added or removed from the Drainage District. A map of the proposed changes can be found on your county’s website. A general description of the lands by section number proposed to be added or deleted from the Drainage District is as follows:

Drain   Name

Municipalities

Portions   of Sections Added

Portions   of Sections Removed

Van Cass ICD

Marcellus Township

3, 11, 12

2, 3

Porter Township
11-15, 22, 23, 26, 27, 33, 34, 36
22, 27, 35 

Proceedings conducted at this public meeting will be subject to the provisions of the Michigan Open Meetings Act.  Individuals are invited and encouraged to actively participate through electronic means, including providing public comment during the designated portion of the proceedings.  Written comments may be submitted prior to the meeting, or additional information may be obtained from the following offices:

Joe Parman

Van Buren County Drain Commissioner

219 E. Paw Paw St.

Paw Paw, Michigan

269-657-8241
Bruce Campbell

Cass County Drain Commissioner

120 N. Broadway

Cassopolis, Michigan

269-445-4428
 

Persons with disabilities needing accommodations for effective participation in the meeting should contact the Drain Commissioner of their County 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 decision of the Intercounty Drain Drainage Board may seek judicial review pursuant to MCL 280.122a.

Dated:  November 20, 2020

 Brady Harrington, Deputy

 For Gary McDowell, Director

Michigan Department of Agriculture and Rural Development


**Please take notice that all property owners within Porter Township were noticed for the re-hearing of necessity the Van-Cass ICD. Not all property owners within Porter Township are in the Drainage District or will receive an assessment if a project occurs. Rather only those in within the boundaries on the attached map are affected. The notice was sent to everyone in the district as a result of claims that some individuals within the drainage district were not receiving notice and that the previous mailing list was deficient in terms of updated addresses. For this mailing we requested updated addresses for the Porter Township parcels and received the entire Porter township mailing list in PDF’d label form from the township. To ensure timely delivery of notices and to save costs cross referencing the pdf label list from the township and previous mailing list, the mailing notice was sent to all properties within the township.

Van-Cass Drainage District

Documents/December 21, 2020 Hearing:

Van-Cass ICD Notice of Necessity Hearing

Van-Cass ICD Necessity Hearing Agenda

Link to Compiled 6/24/20 Necessity Record:  https://fsbrlaw.box.com/s/9f96kt3s7o3jj18o0z724pmuh99be6te

Drainage District Map - Van-Cass ICD

FAQ Hearing of Necessity & Electronic  Access Procedures


Record Proceedings are available for download at following links:  Files are too large to preview, so they will need to be downloaded

Churchill Appeal – 12.21.2021 Rehearing of Necessity Record: https://drive.google.com/file/d/1nwWNpK4CQkFVxPCIfb21VM2qkoGFXPeW/view?usp=sharing

Township Appeal – 12.21.2021 Rehearing of Necessity Record:

https://drive.google.com/file/d/15NM-kkrnq3OThMO8jG9ZUVnkEJadH6BC/view?usp=sharing

Exhibit 1-M: https://drive.google.com/drive/folders/1OpXXwwHJNrFXShWtjRQNQMqWHN3Zrg2R?usp=sharing

Exhibit 10: https://drive.google.com/drive/folders/1RT3U3pgEXkB0ZvcuBXpFKL8IKa9AyFYC?usp=sharing


VAN CASS INTERCOUNTY DRAIN

(Van Buren and Cass Counties)

DATE:      June 24, 2020

TIME:      1:00 p.m.

LOCATION:     

  https://us02web.zoom.us/j/83917482431

Or by telephone at 312-626-6799; meeting ID: 839 1748 2431

Michigan Drain Code, PA 40

280.122a Judicial determination of drain necessity; filing of action.

Sec. 122a.

Whenever the drain board finds by majority vote of the whole number of members that the drain is or is not necessary, a person feeling aggrieved by the determination may institute an action in the circuit court for the county in which the real property is located for a determination of necessity. The action shall be filed by the person aggrieved within 10 days after the determination of necessity or no necessity by the drain board.

 


INFORMATION/DOCUMENTS:

FAQ - Hearing of Necessity & Electronic Access Procedure

Van-Cass Intercounty Drain Hearing of Necessity PowerPoint Presentation

Engineering Report - Van-Cass Intercounty Drain

Agenda - Determination of Necessity Hearing

June 2020 Bankson Lake Flooding Pictures


drone pic

Drone pic2


Notice of Drainage Board Meeting

For Determination of Practicability 

VAN CASS INTERCOUNTY DRAIN

(Van Buren and Cass Counties)

DATE:         August 23, 2019

TIME:          3:00 p.m.

LOCATION:      Porter Township Hall

 88040 M-40 Highway, Lawton, Michigan

The Van Cass Intercounty Drain Drainage Board will meet at the above date, time and location to consider the petition, dated May 28, 2019, for maintenance and improvement of an intercounty drain, located in Marcellus Township in Cass County and Porter Township in Van Buren County, pursuant to Chapter 8 of Public Act 40 of 1956, as amended, to determine the sufficiency of signatures on said petition, to go over the route of the intercounty drain, and to further determine whether the maintenance and improvement of the intercounty drain is practicable.

Proceedings conducted at this public meeting will be subject to the provisions of the Michigan Open Meetings Act.  Public comment will be received at the meeting from anyone owning lands liable to an assessment, or whose lands will be crossed by the drain, or any municipality affected.  Written comments may be submitted prior to the meeting, or additional information may be obtained from the following offices:

Joe Parman

Van Buren County Drain Commissioner

219 E. Paw Paw St.

Paw Paw, Michigan 49079

269-657-8241
Bruce Campbell

Cass County Drain Commissioner

120 N. Broadway

Cassopolis, Michigan 49031

269-445-4428 

Persons with disabilities needing accommodations for effective participation in the meeting should contact the Drain Commissioner of their County 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.

Dated:  July 26, 2019

                                                                                    Brady Harrington, Deputy

                                                                                    For Gary McDowell, Director

                                                                                    Michigan Department of Agriculture

                                                                                    and Rural Development


Board Determined Practicable on August 23,2019


Documents/Information:

Intercounty Drain Chapter 8 Petition Process

Hearing of Practicability - Explanation

Van-Cass Intercounty Drain Petition - Copy

Bankson Lake Aerials 2007-2018

June 29, 2019 Flooding Pictures

1952 Bankson Lake Level Flooding Pictures