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HomeMy WebLinkAboutResolutions - 1991.04.11 - 18363MISCELLANEOUS RESOLUTION 91060 April 11, 1991 BY: Planning and Building Committee, Larry Crake, Chairperson IN RE: DRAIN COI-ISSIOER — CONSTRUCTION OF A LAKE LEVEL AUGHE14TATIOU WELL FOR LONG LAKE AND ADVANCE OF FUNDS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Inland Lake Level Act, Act 146 of the Public Acts of 1961, provides for the maintenance of the normal height and level of the waters of inland lakes; and WHEREAS, petitions were filed with the Oakland County Board of Supervisors in 1957 to establish the level of Long Lake, located in the Townships of Commerce and White Lake, under the provisions of Act 276 of the Public Acts of 1945, which statute was repealed and replaced by the provisions of the Inland Lake Level Act of 1961; and WHEREAS, the Oakland County Circuit Court by its Order dated January 24, 1964 fixed and determined the normal height and level of Long Lake at 933.00 feet above mean sea level; and WHEREAS, pursuant to the 1964 Circuit Court Order, the Oakland County Drain Commissioner constructed a lake level facility which pumps water from Hayes Creek through a pipeline into Long Lake for the purpose of augmenting the water level in Long Lake and thereby maintaining the lake level set by the Court Order; and WHEREAS, the Department of Conservation of the State of Michigan granted the County of Oakland an easement to construct and maintain the pipeline and pumping station on state owned land adjacent to Hayes Creek; and WHEREAS, a special condition of the easement granted by the State provided that "water shall be pumped from Hayes Creek only when the flow of the creek exceeds 4.2 cfs and further there shall be no pumping during the months of July, August and September in any year without first obtaining written permission from the Director of Conservation"; and WHEREAS, the special condition required by the Department of Conservation, and the fact that the pumping station for Long Lake is located on Hayes Creek downstream from the lake level control structure for Union Lake, which restricts the flow from Union Lake into Hayes Creek, has limited the ability of the Drain Commissioner to maintain the legal level set by the Circuit Court for Long Lake; and WHEREAS, at the request of the Long Lake Homeowners Asso- ciation, the Drain Commissioner retained Cleary Engineers to undertake a feasibility study to identify possible options for lake level augmentation for Long Lake through the use of existing wells or possible new wells; and WHEREAS, after review of the feasibility study the Drain Commissioner has made the determination that a ground water augmentation well is the most feasible alternative available to provide a reliable source of additional water to augment the lake level of Long Lake; and WHEREAS, as authorized by the provisions of Section 3 of the Inland Lake Level Act the Drain Commissioner recommends that the Board of Commissioners authorize a new project to drill a ground water augmentation well to supply Long Lake with an addi- tional supply of water in order to maintain Long Lake at its legal level; and WHEREAS, the Drain Commissioner, in order to proceed with the construction of a lake level augmentation well, requests the advance of an amount not to exceed $250,000, with the full amount of the advance to be repaid from a special assessment roll to be collected over a period of ten years, said advance to be repaid with interest at the current 6-Month Treasury Bill Rate in effect on the date this resolution is adopted; and WHEREAS, the actual amount to be advanced, not to exceed $250,000, shall be determined after the receipt of bids; and WHEREAS, the Drain Commissioner, in order to reduce the amount of the special assessment roll to the minimum amount necessary to repay the advance with interest, requests authoriza- tion to receive advances for engineering and construction prior to the adoption of the special assessment roll for the project, which will be prepared and adopted after the exact cost of con- struction of the lake level augmentation well is known; and WHEREAS, the Drain Commissioner will prepare a special assessment roll for adoption by the Board of Commissioners within 45 days after the completion of construction, which is now esti- mated to be no later than March 1, 1992. NOW THEREFORE BE IT RESOLVED, that the Board of Commis- sioners, to preserve the natural resources of the State, and to protect the value of real property around Long Lake, deems it necessary to drill a ground water augmentation well to supply Long Lake with additional water in order to maintain the normal height and level of Long Lake fixed by the Circuit Court. BE IT FURTHER RESOLVED, that the real property which abuts or has access to Long Lake, which will benefit from the construc- tion of the lake level augmentation well, as well as the cost of maintaining the level of the lake through the operation of the augmentation well, shall be borne by the benefited properties that abut or have access to Long Lake. Mr. Chairperson, on behalf of the Plannins and Building Committee, I move adoption of the foregoing resolution. ( y.LANNIN, AND BUILDING COMMITTEE BE IT FURTHER RESOLVED, that the Drain Commissioner prepare a revised special assessment district and include therein each parcel of land in each political subdivision which will benefit from the maintenance of the lake level set by the Circuit Court for Long Lake. BE IT FURTHER RESOLVED, that the Oakland County Drain Commissioner is authorized to file in the Circuit Court for the County of Oakland, by proper motion, the necessary pleadings to authorize construction of a new ground water augmentation well facility to maintain the legal level on Long Lake, and to provide notice to any interested person who has a record interest in title to a piece or parcel of land which will be included in the revised special assessment district and will benefit from the maintenance of the normal height and level of Long Lake. BE IT FURTHER RESOLVED, that the Oakland County Board of Commissioners, to protect the natural resources of the State, and to protect the value of real property around Long Lake, deems it expedient to authorize the advance of a sum not to exceed $250,000 to the lake level control district for Long Lake, with the advance to be repaid from a special assessment roll to be collected over a period of ten years, at the current 6-Month Treasury Bill Rate in effect on the date this resolution is adopted. BE IT FURTHER RESOLVED, the Drain Commissioner is hereby authorized to request and receive advances for engineering and construction in an amount not to exceed $250,000 prior to the adoption of the special assessment roll. BE IT FURTHER RESOLVED, that the Drain Commissioner shall prepare and submit for adoption by the Board of Commissioners a special assessment roll for the cost of the project no later than 45 days after the completion of construction of the lake level augmentation well. 2 3 4 April 11, 1991 Fiscal Note (Misc. 91060) By: FINANCE COMMITTEE, Dr. G. William Caddell, Chairperson In Re: DRAIN COMMISSIONER - CONSTRUCTION OF A LAKE LEVEL AUGMENTATION WELL FOR LONG LAKE AND ADVANCE OF FUNDS To the Oakland County Board of Commissioners Mr. Chairperson, Ladies, and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution # 91060 and finds: 1) The amount of the advance is not to exceed $250,000 to be repaid over a ten-year period from a special assessment roll. Since the advance is long-term, the appropriate interest rate would correspond to the ten-year Treasury Note rate, and the resolution should be amended in the fourth BE IT FURTHER RESOLVED paragraph to read: H . . . with the advance to be repaid from a special assessment roll to be collected over a period of ten years with interest compounded quarterly fixed at the ten-year Treasury Note rate in effect on the date this resolution is adopted." In conformance with Miscellaneous Resolution #89276, "Loan of County Funds Policy", the resolution should be amended to add the following paragraph: "BE IT FURTHER RESOLVED that said advance must comply with all legal mandates including those of the Municipal Finance Division of the State Department of Treasury." Amendments to the 1990/1991 Biennial Budget are not required. FINANCE COMMITTEE I:\laur\drain\lnglkadv.fn Resolution # 91060 April 11, 1991 Moved by Crake supported by Johnson the fiscal Note be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Caddell supported by Olsen the resolution be amended to concur with the Fiscal Note. A sufficient majority having voted therefor, the amendment carried. Moved by Caddell supported by Crake the resolution be amendedin the 4th BE IT FURTHER RESOLVED paragraph (as amended in the Fiscal Note) by changing the tenure to a 6-month Treasury Bill replacing ten-year Treasury Note. Discussion followed. Vote on amendment: AYES: McConnell, Palmer, Skarritt, Caddell, Crake, Huntoon, Johnson. (7) NAYS: McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Schmid, Serra, Wolf, Aaron, Bishop, Gosling, Jensen, Krause. (16) A sufficient majority not having voted therefor, the amendment failed. Vote on resolution, as amended: AYES: McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge, Pernick, Schmid, Serra, Skarritt, Wolf, .Aaron, Bishop, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson, Krause, McConnell. (23) NAYS: None. (0) 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, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County ,Board of Commissioners on April 11, 1991 with the original record thereof now remaining in my office. ---- In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 11th day (r) April 1991 v Lynn i0. Alien, County Clerk