24-003628.pdf
William D Casey, Petitioner V Township Of Harrison, Respondent · 24-003628-TT
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RECEIVED NOV 0 1 2024 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL ANSWER FORM SPECIAL ASSESSMENT MTT DOCKET NO. 24-003628 Ve Willa b. Cased ) default. Pursuant to Michigan Tax Tribunal Rule (TTR) 279(4), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in Section 1: Respondent’s Contact Information Unit of Government: Township of Harrison Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name M.I. Last Name Debra J Kopp Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State Z|P Code 38151 L'Anse Creuse MI | 48045 Telephone Number Fax Number 586-466-1410 n/a dkopp@harrisontownshipmi.gov E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information Parcel Identification Number(s): 17-12-22-103-035 [J ves No [J na If multiple parcels are being appealed are they contiguous or adjoining? Taxing Authority (City or Township) Township of Harrison County Macomb
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal The SAD under appeal is authorized in Michigan Statutes, specifically Act 188, Public Acts of Michigan 1954. MCL 41.722 Sec 2(l) allows for the eradication or control of aquatic weeds and plants, and MCL 41.722 Sec 2(n) allows for the construction, improvement, and maintenance of a lake, pond, river, stream, lagoon, or other body of water or of an improvements to the body of water. This subdivision includes, but is not limited to, dredging. The SAD was initiated and approved by record owners of at least 51% of the total frontage on the canals in the special assessment district. It was their opinion that the land benefitted by the canal improvement is each and every lot and parcel of land in the special assessment district. See attached Township Board meeting minutes. The Resolution confirming the SAD roll has not been adopted yet. Section 5: Jurisdictional Issues Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? Yes O No What was the date of the hearing held to confirm the special assessment roll? May 13, 2024 How many years is the special assessment being levied? What is the total amount of the special assessment being levied F . 5 (per parcel)? ive (5) $4,246.71 What is the basis for the special assessment? Identify the applicable statutory provision. MCL 41.722 Sec 2(l) & (n) to remove 2-3 feet of organic sediment from lake canals. Signature *required hE or Attor| PEC — Isl Z 4 J ’ i FT —
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Board of Trustees Regular Meeting Minutes April 22, 2024 7:00 PM A. CALL TO ORDER The Chairperson called the meeting to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE C. ROLL CALL PRESENT: Adam Wit, MMC, MiPMC, Clerk Larry Tomenello, CPFIM, Treasure! \ Brian Batkins, Trustee David Bratto, Trustee Paula Rose, Trustee 4 EXCUSED: Ken Verkest, Supervisor Dean Olgiati, Trustee ALSO PRESENT: Rob Huth, Township Attorney Justin Murphy, Public Service Director Motion by Trustee Batkins and second by Trustee Bratto to appoint Adam Wit as acting chairperson for the meeting due to Mr. Verkest's excused absence. MOTION CARRIED D. APPROVAL OF CONSENT AGENDA Motion by Trustee Batkins, supported by Tustee Bratto to approve the Consent Agenda with the Bills in the amount of $1,130,918.42 as presented. D.1 Approval of the Regular Board meeting minutes of April 8, 2024 Motion by Trustee Batkins, supported by Trustee Bratto to approve the Regular Board meeting minutes of April 8, 2024 as presented. MOTION CARRIED D.2 Approval of the bills in the amount of $1,130,918.42
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E. APPROVAL OF THE REGULAR AGENDA Motion by Trustee Bratto and second by Trustee Rose to approve the Regular Agenda as presented. MOTION CARRIED F. SUPERVISOR/BOARD ANNOUNCEMENTS Clerk Wit announced Early Voting for the Special Election is everyday starting this Saturday, April 27th through Sunday, May 5th, from 8:00 a.m. to 4:00 p.m. in the Board room at Rosso Hall. Election day is Tuesday, May 7th, from 7:00 a.m. to 8:00 p.m. Trustee Rose announced the EDC is having the Taste of Harrison Township at the Senior Center on Sunday, June 23rd, from 12:00 p.m. to 2:00 p.m. Trustee Batkins announced the Parks and Rec committee is having the Parade of Bikes on Saturday, May 11th at Lake St. Clair Metro Park Pavilion #3 11:00 a.m. to 1:00 p.m. G. SPECIAL ASSESSMENT DISTRICT G.1 Adoption of Resolution No. 3 for the Archer and Lakeshore Canals Sediment and Aquatic - Weeds removal Special Assessment District ? The Clerk stated the next step in the SAD process after the first public hearing is Resolution 3, which directs the Clerk to prepare the proposed roll, or more simply, a list of who will pay how much. Ultimately, the final assessed cost is based on actual construction and related costs, but currently the ‘estimated total project cost to residents is $611,534.00. The cost per lot (128 lots) is $4,246.71 and the annual estimated payment $961.68. Public comment was heard. ARCHER AND LAKESHORE CANAL PROPOSED SPECIAL ASSESSMENT DISTRICT FOR ACCUMULATED SEDIMENT AND AQUATIC WEEDS REMOVAL RESOLUTION NO. 3 A Regular meeting of the Charter Township of Harrison Board, Charter Township of Harrison, County of Macomb, Michigan, held on the 22nd day of April, 2024 at Rosso Memorial Hall, 38255 L'Anse Creuse, in said Township, at 7:00 p.m. PRESENT: Batkins, Bratto, Rose, Tomenello, Wit EXCUSED: Olgiati, Verkest The following preamble and resolution were offered by Trustee Rose and supported by Trustee Batkins.
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WHEREAS, after due and legal notice, the Charter Township Board has met on Monday, March 25, 2024 at 7:00 p.m., and has heard all interested persons at said first Public Hearing with respect to the Petition, the improvement project, the location, the estimate of cost and the special assessment district, as well as having heard all objections thereof, NOW. THEREFORE, BE IT RESOLVED THAT: I. The Charter Township Board hereby determines to make the following described public improvement which it declares to be a necessary and desirable project: There are 128 lots in the district. The proposed project consists of removing an average of 2 to 3-feet of organic sediment from lake canals that measures 4,860 linear feet long or 233,217 square feet which is 5.35 surface acres located at the above address. The removal of an average of 2 to 3-feet of soft organic biomass from this canal will result in the removal of approximately 2,020 cubic yards of fully de-watered organic biomass. Lots that host sediment bags will not be charged for the cost of the work. Final assessed cost is based on actual construction and miscellaneous costs and will be divided among the one hundred twenty-eight lots. 2. The Charter Township Board hereby approves the plans and estimate of cost in the amount of Six Hundred Eleven Thousand, Five Hundred Thirty-four dollars ($611,534.00) as prepared and presented by the Engineer for the Charter Township of Harrison, and hereby determines that the Petition for Improvement described above is sufficient. 3. The Township Board finally determines that the special assessment district shall consist of the following described lots and parcels of fand: Parcels 12-15-377-001 through 12-15-377-010, 12-15-377-015 through 12-15-377-032, 12-15-377- 034, 12-15-377-036 and 12-15-377-037, 12-15-378-001 through 12-15-378-016, 12-15-378-019 through 12-15-378-023, 12-15-378-026 through 12-15-378-037, 12-15-378-041 through 12-15- 378-045, 12-22-103-001 through 12-22-103-003, 12-22-103-006 through 12-22-103-016, 12-22- 103-019 through 12-22-103-021, 12-22-103-024 through 12-22-103-036, 12-22-126-001 through 12-22-126-003, 12-22-126-006 through 12-22-126-029, 12-22-126-031 and 12-22-126-032 of the St. Clair Haven Subdivision, Harrison Township, Macomb County, Michigan, according to the Plat thereof as recorded in Plats, Macomb County Records. 4. The Clerk for the Charter Township of Harrison is hereby directed to make a Special Assessment Roll in which shall be described all the parcels of land to be assessed as sét forth above, with the names and owners thereof, if known, in the total amount to be assessed against each parcel of land, which amount shall be the relative portion of the whole sum to be levied against all parcels of land in the assessment district as the benefit to such parcel of land bears to the total benefit to all parcels of land in the Special Assessment District.
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Motion by Trustee Rose and second by Trustee Batkins to adopt Resolution No. 3 for the Archer and Lakeshore Canals Sediment and Aquatic Weeds removal Special Assessment District. ROLL CALL: AYES: Rose, Batkins, Bratto, Tomenello, Wit NAYS: None EXCUSED: Olgiati, Verkest RESOLUTION ADOPTED G.2 Adoption of Resolution No. 4 for the Archer and Lakeshore Canals Sediment and Aquatic Weeds removal Special Assessment District The Clerk added for Board consideration is Resolution No. 4 for the Archer and Lakeshore Canals Sediment and Aquatic Weeds removal SAD which sets the date of the second public hearing on May 13, 2024. The residents will be provided a notice by a first class mailing as well as two published notices in the paper. ARCHER AND LAKESHORE CANAL PROPOSED SPECIAL ASSESSMENT DISTRICT FOR ACCUMULATED SEDIMENT AND AQUATIC WEEDS REMOVAL RESOLUTION NO. 4 At a regular meeting of the Township Board of the Charter Township of Harrison, County of Macomb, held on the 22nd day of April, 2024, at Rosso Hall, 38255 L'Anse Creuse, Harrison Township, Michigan at 7:00 p.m. PRESENT: Batkins, Bratto, Rose, Tomenello, Wit EXCUSED: Oigiati, Verkest The following preamble and resolution were offered by Trustee Batkins and supported by Trustee Rose. WHEREAS, by resolution adopted April 22, 2024 the Township Board of the Charter Township of Harrison determined public improvements to the Archer and Lakeshore canal more particularly described hereinafter, and assess the cost thereof to the property benefited by said improvements, all in accordance with act 188, public acts of Michigan 1954, as amended; and WHEREAS, the Clerk has prepared and reported to the Township Board a Special Assessment roll assessing the cost of said improvement to the property benefited thereby with his Certificate attached hereto.
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assessment roll to be published twice in the Journal, newspapers of general circulation in the Township, the first publication to be at least ten days (10) prior to the time of the hearing. The Clerk is also to give notice of such hearing to each titled owner or party in interest of property to be assessed, whose name appears upon the last local tax assessment records, by first class mail, addressed to such owner or party at the address shown on said tax records, at least ten (10) days before the date of such hearing. 4, Said notice shall be in substantially the following form: NOTICE OF HEARING ON SPECIAL ASSESSMENT BY CHARTER TOWNSHIP OF HARRISON BOARD OF TRUSTEES TO THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTY: Parcels 12-15-377-001 through 12-15-377-010, 12-15-377-015 through 12-15-377-032, 12-15-377- 034, 12-15-377-036 and 12-15-377-037, 12-15-378-001 through 12-15-378-016, 12-15-378-019 through 12-15-378-023, 12-15-378-026 through 12-15-378-037, 12-15-378-041 through 12-15- 378-045, 12-22-103-001 through 12-22-103-003, 12-22-103-006 through 12-22-103-016, 12-22- 103-019 through 12-22-103-021, 12-22-103-024 through 12-22-103-036, 12-22-126-001 through 12-22-126-003, 12-22-126-006 through 12-22-126-029, 12-22-126-031 and 12-22-126-032 of the St. Clair Haven Subdivision, Harrison Township, Macomb County, Michigan, according to the Piat thereof as recorded in Plats, Macomb County Records. PLEASE TAKE NOTICE that a Special Assessment roll has been prepared and is on file in the Office of the Township Clerk for public examination during normal business hours. Said Special Assessment roll has been prepared for the purpose of assessing the cost of the following described improvement to the property benefited therefrom: The proposed project consists of removing an average of 2 to 3-feet of organic sediment from lake canals that measures 4,860 linear feet long or 233,217 square feet which is 5.35 surface acres located at the above address. The removal of an average of 2 to 3-feet of soft organic biomass from this canal will result in the removal of approximately 2,020 cubic yards of fully de-watered organic biomass. Lots that host sediment bags will hot be charged for the cost of the work. Final assessed cost is based on actual construction and miscellaneous costs. Estimated total project cost to residents is $611,534.00 or the cost per lot $4,246.71 per lot (128) and annual estimated payment $961.68. TAKE FURTHER NOTICE that the Township Board shall meet on Monday, May 13, 2024 at 7:00 p.m., at the Rosso Memorial Hall, 38255 L'Anse Creuse, in the Charter Township of Harrison for the purpose of reviewing said Special Assessment Roll and hearing any objections thereto.
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Board of Trustees Regular Meeting Minutes May 13, 2024 7:00 PM A. APPROVAL OF CONSENT AGENDA The Supervisor called the meeting to order at 7:00 p.m. PRESENT: Kenneth Verkest, Adam Wit, Lawrence Tomenello, Brian Batkins, David Bratto, Dean Olgiati, Paula Rose EXCUSED: None ALSO PRESENT: Rob Huth, Township Attorney Motion by Trustee Batkins and second by Trustee Olgiati to approve the Consent Agenda with the bills in the amount of $1,208,492 as presented A.1 Approval of the Regular Board meeting minutes of April 22, 2024 Motion by Trustee Batkins and second by Trustee Olgiati to approve the Regular Board meeting minutes of April 22, 2024 as presented. MOTION CARRIED A.2 Q1 2024 Treasurer's Investment Report Motion by Trustee Batkins and second by Trustee Olgiati to approve the Q1 2024 Treasurer's Investment Report as presented. MOTION CARRIED A.3 Water main inventory restock Motion by Trustee Batkins and second by Trustee Olgiati to approve the purchase of water main repair clamps and brass water service inventory for $16,336.03 as presented. MOTION CARRIED A.4 Brine Application through Macomb County Department of Roads Motion by Trustee Batkins and second by Trustee Olgiati to approve 2 applications of brine solution at no cost to Harrison Township as presented. MOTION CARRIED A.5 Approval of the bills in the amount of $1,208,492.86 Motion by Trustee Batkins and second by Trustee Olgiati to approve the bills in the amount of $1,208,492.86 as presented. MOTION CARRIED
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June 8th at Lake St. Clair Metropark. We understand that many residents were unfortunately affected by the storms last week. We are working with GFL to coordinate chipping services, and they are actively out and servicing our township. Please be patient as they are extremely backed up due to the unexpected volume. They may come several days after your normal service day to chip branches. Please place the butt ends of branches toward the street no greater than 3 inches in diameter and 12 feet or less in length. Coming next Monday, May 20th, we are hosting an Open House for the Resilient Harrison 2040 Masterplan. It will be held here at Rosso Hall from 4:00 p.m. — 7:00 p.m. with an open house format that will allow residents to come and go as they please. The Library will be hosting their Shred Day this Saturday, May 18th, from 11:00 a.m. - 1:00 p.m. For more information, please visit the Library's website. For more information on these as well as all other Township events you can call the Supervisor's Office at (686) 466-1445, visit our website at www.harrisontownshipmi.gov, or follow us on Twitter / X at HarrisonTwpMI Trustee Rose announced the Parks and Rec Committee will be hosting the annual Fishing Derby on Saturday, June 8th at Lake St. Clair Metropark. Clerk Wit thanked everyone for voting during the Special Election held on May 7th. 'D. SPECIAL ASSESSMENT DISTRICT 'D.1 Public Hearing No. 2 Special Assessment District for Archer and Lakeshore Canals Sediment and Aquatic Weeds removal Special Assessment District The Clerk stated at the April 22, 2024 meeting, Resolution No. 4 was adopted which set the date for the second public hearing for the Archer and Lakeshore Canals Sediment and Aquatic Weeds removal Special Assessment District, also known as the Public Hearing of Necessity. The notice for the Public Hearing was published twice in the Journal. The notice was sent to each titled owner or party in interest of property to be assessed, whose name appears upon the last local tax assessment records, by first class mail, before the date of the hearing. The hearing is for individuals to speak for or against the project. Motion by Trustee Batkins and second by Trustee Rose to Approve to open the Public Hearing at 7:09 p.m. AYES: Brian Batkins, Paula Rose, David Bratto, Dean Olgiati, Lawrence Tomenello, Adam Wit, Kenneth Verkest
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6. C. William Bardill, resident, spoke about the project 7. William Casey, 39084 Archer, submitted a letter against the project in advance of the meeting Motion by Trustee Batkins and second by Trustee Bratto to approve to close at the Public Hearing at 7:29 p.m. AYES: Brian Batkins, David Bratto, Dean Olgiati, Paula Rose, Lawrence Tomenello, Adam Wit, Kenneth Verkest NAYS: None MOTION CARRIED D.2 Adoption of Resolution No. 5 for the Archer and Lakeshore Canals Sediment and Aquatic Weeds removal Special Assessment District The Clerk stated since the project will be financed in part by a bond sale we will consult with Bond counsel and add Resolutuion No. 5 to a later meeting. E. FIRE DEPARTMENT E.1 Ground Emergency Medical Transport The Supervisor stated GEMT is a voluntary program available to emergency medical transportation providers operated by or for any governmental entity. Local governments directly providing emergency transportation services have the option to choose whether they participate in the program. Legislation to direct the Department of Health and Human Services to participate in The United States Centers for Medicare (CMS) and Medicaid Services Ground Emergency Medical Transport (GEMT) program is anticipated to be introduced shortly by Representative Mike McFall as HB 5965. CMS oversees the Ground Emergency Medical Transportation (GEMT) program. GEMT provides reimbursement to local agencies transporting Medicaid enrollees. This program improves access to emergency services for Medicaid beneficiaries, bridging the gap between patients and healthcare facilities and facilitating timely care during emergencies. Transporting agencies do not receive the full reimbursement available from the federal government for 2.8 million Medicaid enrollees in Michigan. HB5965 would codify the state's participation in the GEMT program and, coupled with a $2M appropriation included in the House DHHS budget, will support Michigan's participation and implementation of the program. While Michigan doesn’t currently participate in the program, our state has the 8th-highest number of Medicaid enrollees in the nation. Harrison Township would receive additional revenue to help cover the cost to transporting these enrollees if this legislation were to be approved. Communities that are interested in participating in a GEMT Program, when made available in Michigan, can offer their support by passing a resolution, including an acknowledgment to HB 5965, and sharing that resolution with the state and their respective lawmakers.
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patients; and, WHEREAS, the State of Michigan is not currently participating in the GEMT program, which is a voluntary enroliment program at both the state and local levels; and, WHEREAS, implementation of the GEMT program in the State of Michigan may yield hundreds of thousands of federal reimbursements for the Charter Township of Harrison annually; and, WHEREAS, the emergency services sector has struggled with workforce retention and recruiting in the wake of the COVID-19 pandemic; and, WHEREAS, the GEMT program will help Michigan public agencies including the Charter Township of Harrison retain and hire employees; and, WHEREAS, the GEMT program has shown to expand access, quality, and sustainability of emergency services for Medicaid recipients for public providers; and, WHEREAS, the MI-GEMT coalition is advocating for the passage of legislation directing the Michigan Department of Health and Human Services to enroll in the GEMT program; and, WHEREAS, the MI-GEMT coalition includes the Michigan Association of Fire Chiefs, Michigan Municipal League, Michigan Townships Association; and, NOW THEREFORE BE IT RESOLVED THAT, The Charter Township of Harrison hereby conveys its support for efforts of the MI-GEMT coalition; and, BE IT FURTHER RESOLVED THAT, The Charter Township of Harrison urges the Michigan State Legislature to adopt legislation directing the Michigan Department of Health and Human Services to enroll in the GEMT program through the Centers for Medicare and Medicaid Services State Plan Amendment process. Motion by Clerk Wit and second by Trustee Bratto to adopt the Resolution of Support Implementation of the Ground Emergency Medical Transportation Program in Michigan AYES: Adam Wit, David Bratto, Brian Batkins, Dean Olgiati, Paula Rose, Lawrence Tomenello, Kenneth Verkest NAYS: None RESOLUTION ADOPTED F. CLERK'S OFFICE F.1 Introduce an ordinance to regulate hazardous scenarios which result in the necessity of an
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30 OCT 2024PM METROPLEX MI 480}; CRE SEE US POSTAGE meveowes Ss fF: ZIP 48045 $000.97° Li pity 0000354346 0CT 30 2024 Michigan Tax Tribunal PO Box 30232 Lansing MI 48909 CAEEOE- TT EHERR NRT A RT TTT A ET CL IL COLL)