Muskegon County approves up to $478,152 to redeem Chadwick Drain note amid public outcry and legal questions

Muskegon County commissioners voted to authorize a transfer from the county general fund to redeem a drain district note, approving the lower-interest payout option in order to protect the county's credit rating. The action followed several public comments urging an audit and asserting the board lacked authority under the Michigan drain code to pledge county credit.

Residents pressed commissioners during public comment, arguing the Chadwick Drain project imposed heavy costs on a small number of property owners and that earlier procedural steps were flawed. "We all live on the same piece of property that's been in our family since 1937," said Anthony McCleary of Walton/Laketon Township, who warned long-term payment plans would pass the burden to heirs. Amy Harrington told commissioners that "the county pledged 450,000. You should not pay a dime more," and called for an audit to determine where nearly half a million dollars was spent without visible construction.

Public commenters also raised legal questions about the board's authority to pledge county credit. Lori Lumbers cited the Michigan drain code (cited in the transcript as "2 80.4344") and said the board's vote did not reach the two-thirds threshold she said was required; Ryan (Lake Township) similarly contended the board "never had legal right to pass that vote" and said the county therefore "unlawfully pledged its full faith and credit." Commissioners moved to consider a confidential written legal opinion in closed session before taking further action.

After the closed-session legal review, a commissioner introduced a resolution to transfer funds from the general fund unassigned balance to redeem the drain note in full. The finance director, Angela Gishevsky, provided a breakdown of project spending and immediate payment needs, reporting engineering costs at just over $264,000, legal fees of about $151,000, and land easements around $44,000. She said roughly $28,000 of the immediate payment would cover interest and cited a debt-issuance cost of about $7,400.

Commissioners debated two payment options on the table and emphasized protecting the county's bond rating. One commissioner said they were "really, really struggling" with the situation and questioned how prior decisions, administrative actions, and legal advice had led to the current position. Despite those concerns, a roll call vote approved the motion to authorize the transfer; the chair announced "Motion passes."

The meeting record shows residents continue to press for an audit and further investigation: speakers alleged that county funds have been used to finance the drain commissioner's defense and expressed concern that required easements and certain plan elements remain incomplete. The county recorded the motion to redeem the note and took the immediate step to protect its credit while proceedings and legal questions remain active.

The board adjourned after confirming no further unfinished business. The transcript records public demands for an external audit and a pending legal review; commissioners did not announce further steps on an audit during the meeting.