HomeMy WebLinkAboutResolutions - 1991.07.25 - 18506MISCELLANEOUS RESOLUTION 91147 July 25, 1991
BY: Planning and Building Committee,
Larry Crake, Chairperson
IN RE: DRAIN COMMISSIONER — LEONARD PETITIONS —
CASH DEPOSIT FOR PRELIMINARY COSTS
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 establishment of the normal height and
level of the waters of inland lakes; and
WHEREAS, petitions were received by the Oakland County
Drain Commissioner in August, 1990 requesting the establishment
of a lake level for Leonard Lake, located in the Township of
Highland; and
WHEREAS, preliminary engineering work and hydraulic studies
have been completed by the Drain Commissioner, and a conceptual
plan for a new lake level control structure has been prepared;
and
WHEREAS, a civil complaint was filed in the Oakland County
Circuit Court on October 31, 1990 against the Oakland County Road
Commission alleging violations of the Michigan Environmental
Protection Act, and seeking to lower the water level in Leonard
Lake; and
WHEREAS, there appears to be a disagreement among the
various property owners residing on Leonard Lake concerning the
appropriate water level to be established for Leonard Lake, and
there are facts in dispute among various persons relating to
prior water levels on Leonard Lake during the last twenty years;
and
WHEREAS, the Circuit Court has now issued an Order which
directs the Drain Commissioner to lower and maintain the water
level of Leonard Lake at a level set by the Court, and not in
compliance with the provisions of the Inland Lake Level Act; and
WHEREAS, after a review of all of the circumstances, the
Drain Commissioner has made the determination that it will be
necessary to obtain an independent engineering study of the
appropriate water level for Leonard Lake, which will include a
survey of all current property owners on the Lake; and
WHEREAS, the Drain Commissioner does not have available
funds to obtain the necessary study, and cannot recommend an
appropriate water level for Leonard Lake without additional
information which can be provided by such a study; and
WHEREAS, as authorized by the provisions of Section 4 of
the Inland Lake Level Act, the Drain Commissioner recommends that
the Board of Commissioners require that a cash deposit be made by
the freeholders who filed petitions for a lake level for Leonard
Lake sufficient to cover the preliminary costs necessary to
proceed to establish a lake level under the Act; and
WHEREAS, the Drain Commissioner estimates that in order to
proceed with the necessary work that a cash deposit in the amount
$10,000 should be required.
NOW, THEREFORE BE IT RESOLVED, that the Oakland County
Board of Commissioners require that the freeholders who filed the
petitions for the establishment of a water level for Leonard Lake
make a cash deposit sufficient to cover preliminary costs in the
amount of $10,000 as authorized by the Inland Lake Level Act; and
BE IT FURTHER RESOLVED, the Drain Commissioner is hereby
authorized to receive the cash deposit when it is tendered, and
to obtain an independent engineering study which will provide the
necessary information for the Drain Commissioner to recommend an
appropriate water level for Leonard Lake.
BE IT FURTHER RESOLVED, that if no cash deposit is made to
cover the preliminary costs, the Drain Commissioner is directed
to suspend any further work on a proposed lake level for Leonard
lake until such time as such a cash deposit is made.
Mr. Chairperson, on behalf of the Planning and Building Committee, I
move adoption of the foregoing resolution.
PLANNING AND NG COMMITTEE
Resolution # 91147 July 25, 1991
Moved by Moffitt supported by Olsen the resolution be adopted.
AYES: McCulloch, McPherson, Millard, Moffitt, Oaks,' Olsen,
Palmer, Pappageorge, Pernick, Price, Rewold, Schmid, Serra, Wolf, Aaron,
Bishop, Caddell, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law,
McConnell. (25)
NAYS: Skarritt. (1)
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 July 25, 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 25th day of—) July ,.;-, 1991 L , ) ,,./,,....._
--.... Lynni0. Allen, County clerK