Board minutes
2022-11-15 Regular Board Minutes
Middlebury Township PO Box 622, Ovid, Michigan 48866
Draft
Regular Meeting
7627 W. M-21, Ovid, MI
Tuesday, November 15, 2022 at 7:00 pm
REGULAR MEETING
Call to Order:
Supervisor Swan called the meeting to order at 7:01 pm.
Board Members Present:
Supervisor Jeffery Swan; Clerk Susan Tomasek Swan; Treasurer Jill Ruess; Trustee Greg
Atwood; and Trustee Gene Ruess-ABSENT
Guests Present: Guests were present: Shawn Dilts, Deputy Clerk; Gary Kiger; Mark Holley,
assessor; Mike Herendeen, Deputy Supervisor
Scheduled Comments:
No scheduled guests
Public Comments: Opened at 7:03 pm Closed at 7:04 pm
Motion to Approve Agenda:
Trustee Atwood made a motion to approve agenda as amended. Clerk Tomasek Swan
seconded the motion.
Voice Vote: Ayes: All Nays None Carried
Motion to Approve Minutes:
Treasurer Ruess made a motion to approve October 11, 2022 minutes with correction on
Gene Ruess’ name Clerk Tomasek Swan seconded the motion.
Voice Vote: Ayes: All Nays: None Carried
Trustee Atwood made a motion to approve Special meeting October 20, 2022 minutes.
Clerk Tomasek Swan seconded the motion.
Voice Vote: Ayes: All Nays: None Carried
Motion to approve Bills
Clerk Tomasek Swan made a motion to approve bills from General Funds in the amount of
$35,416.74 with checks #5821-5849 8 EFTs and Road Fund $31,801.95 with check 1078.
Treasurer Ruess seconded the motion.
Roll Call Vote: Ayes: Treasurer Ruess, Trustee Atwood, Supervisor Swan, Clerk Tomasek
Swan
Absent: Trustee Ruess
Communications:
MTA- Supervisor Swan reports that most of the meeting discussion was regarding the
upcoming election. The health department has COVID, flu, and shingles vaccines available.
Marlene Webster remains our elected County Commissioner.
Library- Clerk Tomasek Swan reported that the cement project has been completed. The
fence was also extended as a part of the project. Minutes from library meetings are included
in the township board packet.
OMESA- Supervisor Swan reported there is a new treasurer for OMESA, Nancy Hughson. The
runs have increased, 327 for the year. There are 3 individuals in the first responder class that
is finishing up. There are 2 individuals that will be attending the firefighter class in Bath, MI in
January 2023 through May 2023.
Clerk- Clerk Tomasek Swan has received a FOIA for the township’s tabulator tape. This has
been addressed. We completed 219 AV ballots. Of those 94 were either hand delivered or
left in the AV drop box. We had a total of 813 voters for the general election. There were 5
same day voter registrations that occurred that day. We did have to implement crowd
control and have voters wait in line outside to maintain privacy of voters in the booths as we
do not have space inside the township hall for voters to line up. We have a balance of
$93,759.65 ARPA money.
Assessor- Assessor Holley reports that for the first time in Michigan property taxes will be
increased by 5%. This is a result of federal government changes. There is nothing that can be
changed at the township level. December Board of Review will occur if there is any business.
Currently there is no business scheduled. Middlebury Township received a 100% on the
recent audit.
Business:
1. Resolution 2022-15 Poverty Exemption 2023 Clerk Tomasek Swan made a motion,
Trustee seconded the motion. Roll Call: Ayes: Trustee Atwood, Treasurer Ruess,
Clerk Tomasek Swan, Supervisor Swan. Absent: Trustee Ruess
2. Cemetery Fence and signs Discussion regarding the status of the fence. It was
determined that the fence will remain but the brush will be cleaned up in the spring.
The suggestion is for the sign to be replaced with a metal sign. Trustee Atwood will
gather information on signs and costs and bring to next meeting to be discussed.
New sign to be installed in the spring. Add additional small oval signs to identify
sections of the cemetery to match the new main sign.
3. PA 116 We have received 3 applications and will be filed for our records.
4. BOR Appointment Individuals for BOR are Mark Darling, Dave Sovis, and Randy
Rasmussen. These individuals will be appointed at the next meeting and
arrangements will be made for them to be sworn in.
5. Oath of office Oath of office has been administered to Supervisor Swan and Trustee
Atwood on 11/15/2022. Trustee Ruess will present to the Clerk to complete his oath.
6. Roy Headstone Clerk Tomasek Swan has been contacted by Smith Funeral Home. A
family wants to place a second headstone (8x16) next to the current headstone on
the south side, that is nearly centered on the 2 plots. The addition of the headstone
will possibly infringe upon plots 1 and 2 that are not assigned. Clerk Tomasek Swan
will confirm with the sexton that this will fit without crossing into the purchasable
plots. Trustee Atwood has made a motion to approve adding the smaller headstone
to the plots and provide the family the option of repositioning the current headstone
if they desired, Treasurer Ruess seconded the motion. Voice Vote: Ayes: All
Nays: None Carried
7. Other Pending matters After the window air conditioners were removed, those
windows do not have the metal grating. Supervisor Swan has the materials and will
install that this week-end.
Final Comments: Opened at 8:56 pm Closed at 8:56 pm
.
Motion to adjourn the meeting: Adjourned at 8:57 pm
.
Next meeting December 13, 2022 at 7:00pm
X
Shawn Dilts
Deputy Clerk
Middlebury Township
2022-15
RESOLUTION FOR 2023 POVERTY EXEMPTION GUIDELINES
At a Regular Meeting of the Middlebury Township Board held at the Middlebury
Township Hall, 7627 W. M-21, Ovid, MI on the 15th day of November, 2022,
at 7:00 P.M.
PRESENT:Members G. Atwood, J. Ruess, S. Tomasek Swan, J. Swan,
ABSENT:Members G. Ruess
The following Resolution was offered by Member S.Tomasek Swan and
supported by Member G. Atwood.
WHEREAS, Public Act (PA) 253 of 2020, which amended PA 206 of 1893 and
PA 313 of 1993, concerning section MCL 211.7u of the Michigan Compiled
Laws, requires the local governing body of the unit to annually determine and
make available to the public the policy and guidelines for granting of poverty
exemptions;
and
WHEREAS, the adoption of guidelines for poverty exemptions is within the
purview of the township board; and
WHEREAS, the Principal Residence of persons who, in the judgment of the
Supervisor and Board of Review, by reason of poverty, are unable to contribute
to the public charges is eligible for exemption in whole or part from taxation
under PA 390 of 1994 (MCL 211.7u); and
WHEREAS, PA 253 of 2020, MIDDLEBURY TOWNSHIP, Shiawassee County,
Michigan adopts the following Poverty Exemption Guidelines for the Supervisor
and Board of Review. The guidelines shall include, but not be limited to, the
specific income and asset levels of the claimant and all persons residing in the
household, including any property tax credit returns, filed in the current or
immediately preceding year;
NOW, BE IT RESOLVED: That to be eligible for a Poverty Exemption in
Middlebury Township, an applicant must be the owner of and must occupy the
property as a Principal Residence for which the exemption is requested; file a
completed and notarized application in the form prescribed by the Township
Assessor; and file copies of Federal and State Income Tax Returns for all
persons residing in the homestead, including any property tax credit forms
and/or Statement of Benefits Paid from Michigan Department of Social Services
or Social Security Administration;
BE IT FURTHER RESOLVED: That the applicant must have an annual income
that equals, or is less than, the Federal Poverty Income Standards as defined
and determined annually by the United States Department of Health and
Human Services; (Exhibit Attached)
BE IT FURTHER RESOLVED: The applicants, and any persons residing in the
Principal Residence, shall NOT have assets in excess of THIRTEEN THOUSAND
EIGHT HUNDRED DOLLARS ($13,800) fair market value excluding the Principal
Residence and one automobile. Assets to be included may be personal
property, recreational vehicles, checking/savings accounts, certificates of
deposit, stocks, bonds, life insurance, retirement funds, etc;
BE IT FURTHER RESOLVED: The applicant will provide to the Board of Review
a valid driver’s license, or other form of identification, and proof of ownership
of the Principal Residence;
BE IT FURTHER RESOLVED: That the Board of Review may request from the
applicant any supporting documents which may be utilized in determining a
Poverty Exemption request;
BE IT FURTHER RESOLVED: That the completed Poverty Exemption application
must be filed after January 1, but not later than one day prior to the last day
of the Board of Review in the year for which the exemption is sought;
BE IT FURTHER RESOLVED: That MIDDLEBURY TOWNSHIP Policy and
Guidelines for Applicants, attached hereto and incorporated herein, shall be
followed by the applicant, Township Assessor, and the Middlebury Township
Board of Review in processing of applications for and the granting of Poverty
Tax Exemptions;
BE IT FURTHER RESOLVED: That to conform to the provisions of PA 253 of
2020 this resolution is hereby effective November 15, 2022.
VOTE: AYES G. Atwood, J. Ruess, S. Tomasek Swan, J. Swan
NAYS None
ABSENT G. Ruess
The foregoing Resolution is adopted.
_____________________________________DATED November 15, 2022
Middlebury Township Clerk
POLICY AND GUIDELINES FOR APPLICANTS REQUESTING CONSIDERATION
FOR A POVERTY EXEMPTION
TAX YEAR 2023
In order to be eligible for a poverty exemption, the claimant must do all of
the following on an annual basis:
1.
Applicant must obtain the proper applications from the Assessor’s Office.
Handicapped or infirm applicants may call the Assessor’s Office to make necessary
arrangements for assistance.
2.
Applicant must be the owner and occupant of the property.
A. Must provide valid driver’s license or other acceptable methods of identification.
B. Must produce a deed, land contract or other evidence of ownership, as specified
by the Assessor.
3.
Applicant must fill out the application form in its entirety and return it, in person,
to the Assessor’s office, except as noted in item 1 above.
A. Must not sign the application until it is returned.
B. Applicant’s signature must be witnessed by the Assessing Officer or Board of
Review.
4.
All applicants and any persons residing in the homestead shall submit the latest
copy of the following:
A. Federal Income Tax Return -- 1040 or 1040A
B. State Income Tax Return – MI-1040.
C. Homestead Property Tax Claim MI-1040 CR.
D. Statement of benefits paid from Michigan Department of Social Services
and/or Social Security Administration.
E. Form 4988 “Poverty Exemption Affidavit” from the MI Dept of Treasury if
applicable.
5.
Applications must be filed with the Assessor after January 1, but one day prior to
the last day of the Board of Review. Applications may be reviewed by the Board
without applicant being present. However, the Board may request that an
applicant be physically present to respond to any questions the Board or Assessor
may have.
6.
An applicant may have to answer questions regarding their financial affairs, or the
status of people living in their home at a meeting before the Board of Review which
is open to and may be attended by the public at large.
7.
The Board of Review may vote to go into closed session pursuant to MCL 15.268(h)
to review an applicant’s state or federal return claimed as exempt under state or
federal law, if the applicant requests confidentiality. If the Board wishes to go into
closed session, the Open Meetings Act requirements must be followed.
8.
Applicant appearing before the Board will be administered an oath, as follows;
“Do you ____________________ swear and affirm that evidence and testimony
you will give in your own behalf before this Board of Review is the truth, the whole
truth, and nothing but the truth, so help you.”
9.
Applicant will be evaluated based on:
A. Data submitted to the Assessor or Board of Review.
B. Information taken from petitioner and information gathered from any source
the Assessor or Board may wish to use. The Board will also consider all
revenue and non-revenue producing assets owned by the petitioner.
10.
Applicant will not be eligible for consideration if he or she does not meet the federal
income guidelines determined annually by the United States Department of Health
and Human Services.
11.
Applicant will not be eligible for consideration if total household assets exceed
Thirteen Thousand Eight Hundred Dollars ($13,800), excluding the principal
residence and one automobile.
12.
The filing of a claim with the Board of Review constitutes an appearance before
the Board of Review for the purpose of preserving the right to appeal to the
Michigan Tax Tribunal.
13.
Any successful applicant may be subject to personal investigation by the Township
to verify information submitted or statements made to the Assessor or Board of
Review for this poverty exemption claim.
14.
The Board of Review shall follow the policy and guidelines of the Board of Trustees
in granting or denying an exemption.
15.
A partial poverty exemption may be allowed and granted by the Board of Review,
at their discretion, if they determine it to be appropriate to the specific applicant.
A partial poverty exemption is an exemption of only a part of the taxable value for
the property rather than the reduction of the entire taxable value. The applicant
must still meet the Federal Poverty Guidelines and the Asset test to qualify.
The following are the federal poverty income guidelines which are
updated annually by the United States Department of Health and Human
Services. The annual allowable income includes income for all persons
residing in the principal residence.
Federal Poverty Guidelines for 2023 Assessments
Number of Persons Residing in Principal Residence Allowable Annual
Income
1 person
$ 13,590
2 persons
$ 18,310
3 persons
$ 23,030
4 persons
$ 27,750
5 persons
$ 32,470
6 persons
$ 37,190
7 persons
$ 41,910
8 persons
$ 46,630
Each additional person, add
$ 4,540
If you believe you comply with both the Federal Income and Asset Level
Standards, you may submit the Poverty Exemption Application with
supporting documents to the Assessing Office. Please call our office at
(989) 834-5611 for filing deadlines.