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was repealed and replaced by the provisions of the Inland Lake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.
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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
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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