HomeMy WebLinkAboutResolutions - 1986.06.26 - 10766REPORT May 22, 1986
By: PLANNING & BUILDING COMMITTEE--Anne M. Hobart, Chairperson
In Re: MISCELLANEOUS RESOLUTION #86135, DRAIN COMMISSIONER—ADVANCE
FOR LAKE LEVEL PROJECT FOR SYLVAN LAKE, OTTER LAKE, AND
THE DAWSON MILL POND
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies, and Gentlemen:
The Planning and Building Committee, having reviewed Miscellaneous
Resolution #86135, reports with the recommendation that the resolution be
adopted with the following amendment: in the fourth WHEREAS paragraph,
the last line should be changed to read "to be made with or without interest
based on the recommendation of the Finance Committee; and", and in the
NOW THEREFORE BE IT RESOLVED paragraph, beginning in the fourth line,
it should be changed to read " . . said advance to be repaid with or without
interest based on the recommendation of the Finance Committee out of the
proceeds . . .".
Mr. Chairperson, on behalf of the Planning and Building Committee,
I move the acceptance of the foregoing report.
Planning & Building Committee
May 8, 1986 Miscellaneous Resolution #86135
BY: ANNE M. HOBART, Commissioner, District
IN RE: Drain Commissioner - ADVANCE FOR LAKE LEVEL PROJECT
FOR SYLVAN LAKE, OTTER LAKE, AND THE DAWSON MILL POND
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies and Gentlemen:
• WHEREAS Act 146 of the Public Acts of 1961, the Inland Lake
Level Act, establishes a procedure for the establishment of a
legal lake level for inland lakes in the State of Michigan; and
WHEREAS the Board of Commissioners adopted Miscellaneous
Resolution No. 85046 on May 9, 1985 authorizing the Prosecuting
Attorney to institute a proceeding in Circuit Court to establish
a level for Sylvan and Otter Lakes; and
WHEREAS the four municipalities - the City of Pontiac, the
Charter Township of Waterford, the City of Sylvan Lake, and the
City of Keego Harbor, whose lands abut Sylvan Lake, Otter Lake,
and the Dawson Mill Pond are in agreement that the same lake level
should be established for all three bodies of water, and that a
new dam should be constructed at the outlet of the Dawson Mill
Pond to control the level for all three bodies of water; and
WHEREAS the four municipalities enumerated above, whose
residents on Sylvan Lake, Otter Lake, and the Dawson Mill Pond
Dam, will be subject to a special assessment for the cost of con-
struction of a new dam, have requested the County to advance the
cost of construction of the new Dawson Mill Pond Dam in the
approximate amount of $400,000, with the full amount of the ad-
vance to be repaid from a special assessment roll to be collected
over a period of seven years in equal installments, said advance
to be made without interest; and
WHEREAS the advance of the construction cost of the new
Dawson Mill Pond Dam, and the repayment of that advance without .
interest over a period of seven years, would substantially reduce
the total cost for this project; and
WHEREAS the Board of Commissioners has previously made an -
advance for the replacement of an existing lake level structure on
Pontiac Lake to be repaid in the similar fashion without interest
over a period of seven years from special assessments; and
ocr,t..2
Richard D. 4:111:in, Jr.
John T. '.wlar John T. Rawland
- ,
Date
1 HffeBY VETO THE FOk SOW rCIN.
io T. Murbhv.Co6niY
WHEREAS the County Board of Commissioners may advance such
funds on a loan basis upon the confirmation of a special assessment
roll to be spread against the lake level control district;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners, does hereby authorize the advance of the sum of
$400,000 to the lake level control district for Sylvan Lake, Otter
Lake, and the Dawson Mill Pond, said advance to be repaid without
interest out of the proceeds of the special assessment roll over a
period of seven years.
BE IT FURTHER RESOLVED that no advance shall be made to the
lake level control district for Sylvan Lake, Otter Lake, and the
Dawson Mill Pond until a special assessment roll has been confirmed
pursuant to the provisions of Act 146 of the Public Acts of 1961.
. Mr. Chairperson, I move the adoption of the foregoing
resolution.
Anne M. Hobart
Commissioner District #4
7 •
Bey Fortino
Nancy' McConnell
Thomas A. Law
Hubert Price, J.
FISCAL NOTE June 12, 1986
BY: FINANCE COMMITTEE, DR. G. WILLIAM_ CADELL, CHAIRPERSON
IN RE: DRAIN COMMISSIONER- ADVANCE FOR LAKE LEVEL PROJECT FOR SYLVAN LAKE, OTTER LAKE, AND
THE DAWSON MILL POND - MISCELLANEOUS RESOLUTION M6135
TO THE OAKLAND COUNTY BOARD OF CatlISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous
Resolution #86135 and finds:
1) The Board of Commissioners deems it expedient to determine, establish and maintain
the normal lake levels of Sylvan Lake, Otter Lake and Dawson Mill Pond,
2) The City of Pontiac, the Charter Township of Waterford, the City of Sylvan Lake, and
the City of Keego Harbor have requested an advance of $400,000 for construction of
the new Dawson Mill Pond Dam to control the lake levels of all three bodies of water,
3) The advance will be repaid from a special assessment roll in seven (7) equal install-
ments of $57,142.86 per year beginning June 1, 1987,
4) The advance will not be made until a special assessment roll has been confirmed pursuant
to the provisions of Act 146 of the Public Act of 1961,
5) Because of the long-term nature of the advance, funds need to be reserved in an amount
equal to the advance,
6) The Finance Committee finds $400,000 in the 1986 Dam Replacement Revolving Fund
to advance for the Dawson Mill Pcmd Dam construction.
FINANCE COAMITTEX
#86135 June 12, 1986
Moved by Hobart supported by Rowland the resolution be adopted.
Discussion followed.
Moved by Gosling supported by Moffitt the resolution be amended in
the 5th, 6th,.7th and 9th WHEREAS paragraphs where the words repaid "without
interest" appears, strike "without interest" and insert "with 6% interest".
Moved by Webb supported by Olsen the amendment be amended to read
"at the prevailing prime rate".
Discussion followed.
Vote on Mrs. Webb's amendment to the amendment:
AYES: Lanni, McConnell, McDonald, McPherson, Moffitt, Olsen, Webb,
Aaron, Doyon, Gosling. (10)
NAYS: R. Kuhn, S. Kuhn, Law, Nelson, Page, Perinoff, Pernick, Price,
Rewold, Rowland, Skarritt, Wilcox, Caddell, Calandro, Fortino, Hassberger,
Hobart. (17)
A sufficient majority not having voted therefor, the amendment to
the amendment failed.
Vote on -Mrs., „Gosling's amendment:
AYES: Lanni, McPherson, Moffitt, Olsen, Perinoff, Pernick, Webb,
Aaron, Doyon, Gosling, Hassbercer. (11)
NAYS: S. Kuhn, Law, McConnell, McDonald, Nelson, Page, Price, Rewold,
Rowland, Skarritt, Wilcox, Caddell, Calandra, Fortino, Hobart, R. Kuhn. (16)
A sufficient majority not having voted therefor, the amendment failed.
Vote on resolution:
AYES: Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Nelson,
Page, Perinoff, Pernick, Price, Rewold, Rowland, Skarritt, Webb, Wilcox, Caddell
Calandra, Doyon, Fortino, Gosling, Hobart, R. Kuhn, S. Kuhn. (24)
NAYS: Olsen, Aaron, Hassberger. (3)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
this Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on June 12, 1986
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this 12th day o
ALLEN'
County Clerk/Register of Deeds
1986
Daniel T. Murphy, Oakland County Executive
'r ,-1 25 A9 :12 86 Ju
ER nUNTY
Executive Office Building 1200 North Telegraph Road Pentad Michigan 48053 (313) 858 0484
June 19, 1986
DEFu ,
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Ladies and Gentlemen:
On June 19, 1986 I have vetoed Miscellaneous Resolution 86135
entitled Drain Commissioner -- Advance for Lake Level Project
for Sylvan Lake, Otter Lake, and the Dawson Mill Pond.
Over the years lake levels have been established, dams constructed,
and assessment districts created, and in each case the local
community in the assessment district paid the total cost of the
establishment, the repair or construction of the dam. As a member
of the Drainage Board in the years that I served in that capacity,
the County's retirement system bought the drainage district bonds
so that the project could be constructed. In each project the
retirement system earned interest.
I know that the Board of Commissioners recently created a lake
level project whereby the County would advance money for the
project at no interest. This action sets a precedent which is
not good economics and further it is unfair to all other tax
payers. Such a precedent will generate requests for advance-
ment of County dollars for other projects as badly needed as the
drain projects.
I live on Sylvan Lake, one of the lakes to be controlled by the
lake level and by the construction of the Dawson Mill Pond dam.
That is an improvement that will enhance Sylvan and Otter Lakes
property owners and property owners downstream from the mill
pond. There is no inherent value to the vast majority of tax
payers in the remainder of the County. I believe that assessment
districts should pay the full cost of special projects. They are
the benefactors. As a resident of Sylvan Lake, I want to pay my
fair share. It is unfair for the rest of Oakland County to be
paying for an enhancement of my property. I, along with the
other property owners, would be the beneficiary upon resale.
Therefore, this would smack of special interests and I, in good
conscience as the County Executive, cannot accept a favorable
special interest.
If the Board establishes this precedent for special projects,
there will come a day when there will not be money in the coffers
to meet obligations of the next special project.
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CA:4-Ct/
!l5niel TMurpty
COUNTY EXECUTIVE
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' Oakland County Board of Commissers Page '2
June 19,1986
This veto is not to say that the project is not needed. It is.
am not opposed to making advances to local communities if funds
are available. I vetoed the resolution because the advance was
to be made without interest for seven years. Over the seven
years the $400,000 at 6% would cost the County approximately
$168,000 in loss of interest. Such advances should contain
interest at the present going rates.
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#86135 June 26, 1986
Moved by Lanni supported by Perinoff the Board override the veto by
County Executive Daniel T. Murphy of Resolution #86135 (Drain Commissioner-
Advance for Lake Level Project for Sylvan Lake, Otter Lake and the Dawson Mill
Pond. )
Discussion followed.
Mr. Price requested Mr.Murphy address the Board regarding the reasons
for his veto of the resolution. Mr.Murphy addressed the Board.
Discussion followed.
Vice Chairperson Marilynn Gosling stated a vote would be taken on
the motion to override the veto. A 'yes' vote would override the veto
and a 'no' vote would sustain the veto.
The vote was as follows:
AYES: Law, McDonald, McPherson, Nelson,Olsen, Page, Perinoff, Pernick,
Price, Rewold, Rowland,Skarritt,Caddell, Doyon, Fortino, Hobart, Richard Kuhn,
Susan Kuhn. (18)
NAYS: Lanni, Moffitt, Webb, Aaron, Gosling, Hassberger. (6)
A sufficient majority having voted therefor, the motion to override
the veto carried and Resolution #86135 was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
Lynn D. Allen, Clerk of the County of Oakland and having a
seal, do hereby certify that I have compared the annexed copy. of
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on June 26, 1986
with the original record thereof now remaining tn my office,
and that it is a true and correct transcript therefrom, and
of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed
the seal of said County at pontlac, Michigan
1986 26th day of ibile
L. a==qe Alldn, Coun y Clerk/
Register of Deeds
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