Loading...
HomeMy WebLinkAboutResolutions - 1992.11.19 - 20976Miscellaneous Resolution No. 92252 October 4,1992 By Planning and Building Committee IN RE: Drain Commissioner - ADVANCE OF FUNDS FOR LAKE LOUISE DAM To the Oakland County Board of Commissioners Mr. Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners adopted Miscellaneous Resolution No. 91019 on February 14, 1991, directing the Prosecuting Attorney to initiate a Complaint to establish a lake level for Lake Louise and Huff Lake, as provided for in Act 146 of the Public Acts of 1961, as amended; and WHEREAS the Oakland County Circuit Court by its Order dated November 8, 1991 established the normal height and level for Lake Louise and Huff Lake, and confirmed a special assessment district whose property owners will be assessed for the cost of construction and future maintenance for the Lake Louise Dam; and WHEREAS the Drain Commissioner in order to proceed with the construction of a new dam for Lake Louise and Huff Lake requests the advance of an amount not to exceed $535,000, with the full amount of the advance to be repaid from a special assessment roll to be collected over a period of ten years, and said advance to be repaid with simple interest at an annual rate of ** %; and WHEREAS the actual amount to be advanced, not to exceed $535,000, shall be determined after the receipt of competitive bids for the construction of the new dam; and WHEREAS the Drain Commissioner herewith submits for the approval of the Board of Commissioners the estimated cost of the lake level control project (Exhibit A), and a special assessment roll to recover that cost (Exhibit B), NOW, THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, for the protection of public safety, to protect the natural resources of the State, and to protect the value of properties around Lake Louise and Huff Lake in Brandon Township, deems it expedient to authorize the advance of a sum not to exceed $535,000 to the Lake Level Control District for Lake Louise and Huff Lake for the construction of a new dam. BE IT FURTHER RESOLVED that the full amount of the advance shall be repaid from a special assessment roll to be collected over a period of ten years, and that said advance shall be repaid with simple interest an annual rate of ** **Per Fiscal Note JOHN E. °LSD'. C.P:T2PFSC!' I HEREFN 11- 'nri"E THE FOREGOING RESOLUTION Daniel T. BE IT FURTHER RESOLVED that the real property within the special assessment district, which will benefit from the construction of the new dam, shall bear the entire cost of the project, and the future cost of maintaining the lake level for Lake Louise and Huff Lake. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the estimated cost of the lake level control project at an amount not to exceed $535,000 (Exhibit A, attached), and the special assessment roll (Exhibit B, ) with the understanding that upon receipt of competitive bids for the construction of the new dam, the Drain Commissioner may reduce the estimated cost, and that the Drain Commissioner shall also revise the special assessment roll to recover the lesser amount in such case, with revisions to the roll to be made so that each parcel of property assessed shall pay the same proportionate share of the cost of the project as set forth in Exhibit B, attached. Mr. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE $ 40,000.00 $ 9,806.56 $426,306.56 PRELIMINARY PROJECT ESTIMATE LAKE LOUISE DAM Brandon Township, T.5N., R.9E., Oakland County, Michigan COSTS INCURRED TO DATE: CONTRACTED SERVICES: Engineering Design Fee Grouting Repairs Soil Borings $ 21,550.00 $ 3,200.00 $ 4,630.00 $ 29,380.00 COUNTY EXPENSES: Salaries and Fringes Administrative Costs Legal Costs $ 15,557.13 $ 1,651.05 $ 2,478.58 TOWNSHIP LEGAL EXPENSES (through 7-9-92): To Acquire the Dam Site Property $ 19,686.76 $ 69,626.68 SUB-TOTAL $118,693.44 PROJECTED FUTURE COSTS: Estimated Construction Cost Construction Contingency (10%) Material Testing County Expenses Salaries and Fringes: Inspection $ 20,000.00 Surveying Stakeout $ 7,000.00 Engineering $ 13,000.00 Legal and Administrative Costs SUB-TOTAL TOTAL ESTIMATED PROJECT COST LESS TOWNSHIP ADVANCE CONTRIBUTION $336,898.00 $ 36,102.00 $ 3,500.00 $545,000.00 - $ 10,000.00 EQUALS AMOUNT TO FINANCE $535,000.00 EXHIBIT nAu Prepared by: Glen Yrjanainen, P.E. Deputy & Chief Engineer Date: August 27, 1992 $ 21,550.00 $ 3,200.00 $ 4,630.00 $ 29,380.00 $ 16,692.19 $ 1,656.57 $ 2,478.58 $ 20,827.34 $ 74,470.43 SUB-TOTAL $124,677.77 $ 42,500.00 $ 10,673.23 $376,322.23 EXHIBIT nAu REVISED PROJECT ESTIMATE LAKE LOUISE DAM Brandon Township, T.5N., R.9E., Oakland County, Michigan COSTS INCURRED TO DATE: CONTRACTED SERVICES: Engineering Design Fee Grouting Repairs Soil Borings COUNTY EXPENSES: Salaries and Fringes Administrative Costs Legal Costs TOWNSHIP LEGAL EXPENSES: To Acquire the Dam Site Property PROJECTED FUTURE COSTS: Actual Construction Bid (received 11-6-92) Construction Contingency Material Testing County Expenses Salaries and Fringes: Inspection $ 21,000.00 Surveying Stakeout $ 7,500.00 Engineering $ 14,000.00 Legal and Administrative Costs SUB-TOTAL TOTAL ESTIMATED PROJECT COST LESS TOWNSHIP ADVANCE CONTRIBUTION $284,649.00 $ 35,000.00 $ 3,500.00 $501,000.00 - $ 10,000.00 EQUALS AMOUNT TO FINANCE $491,000.00 Prepared by: Glen Yrjanainen, P.E. Deputy & Chief Engineer Date: November 13, 1992 Lake Louise Dam -• Assess Ment Roll . Exhibit B Page 1 Total Assessment $491,000 Number of Units 99 Name Assessment Sidvvell 03-29-176-008 03-20-352-003 03-20-303-005 03-20-303-006 03-20-356-001 03-19-476-008 03-29-151-005 03-19-476-037 03-19-430-014 03-29-327-007 03-19-479-004 03-19-476-019 03-29-200-028 03-29-126-006 03-29-200-024 03-29-200-041 03-29-176-010 03-20-351-001 03-20-356-004 03-20-305-001 03-20-326-001 03-29-126-005 03-1 9-430-01 5 03-19-479-002 03-19-476-033 03-19-478-003 03-20-352-005 03-30-227-007 03-19-478-007 03-20-303-013 03-19-430-016 03-19-476-012 03-19-476-013 03-20-354-003 03-29-101-001 03-29-151-004 03-30-227-014 03-19-476-043 03-29-151-014 03-19-476-036 03-29-151-003 03-1 9-476-05 1 03-29-327-001 03-29-200-035 03-19-430-008 03-29-176-003 03-29-1 76-01 1 03-20-352-006 03-19-479-008 03-30-227-003 ALAN NOWAK ALAN R PETERSON ANNIE SECRET ANNIE SECRET ANNIE SECRET ANTHONY BOMBARDO BERTHA LANE BERTHA RUGGLESS BILL Z PELINSKI BLOCK BROS CARL GARAVAGLIA CHARLES L GODMAN CHARLES W1DGER D'ANNA KEEBLE & SCOTT KEEBLE DANIEL J ROLLIN DANIEL ROLLINS DANIEL T DROGOSCH DAVID L FLEMING & DEBRA J ROBERTSON DAVID R SMITH DAVID WEISWASSER & ESTHER WEISWASSER DAVID WEISWASSER & ESTHER WEISWASSER DOMINICK DETTORE & SCOTT KEEBLE DONALD R LAWES DONALD WRIGHT EDWARD BENNETT & TONI L BENNETT ELEANOR MARIE NEWTON FRANK P RUTTENSON G H CRAFT GARY & BRONWEN HINTZ GARY & BRONWEN HINTZ GEORGE SIMONDS GORDON JORITZ GORDON JORITZ HELEN KRZESZEWSKI HERB CHERNICK HERB CHERNICK JAMES BRADFORD JAMES J CICALA JAMES KURMAS & PAULA COLLIER JAMES M DALTON JERRY L TANNER JOHN DALIDOWICH & JANE DALIDOWICH JOHN T LOFTUS JOSEPH CULLINAM JOSEPH R POWELL KATHERINE SVETCOS KEITH BEUTLER KEITH R ROLLINS KENNETH H KNIPP & MARY SHALLOW KENNETH MUELLER CPA $4,959.60 $4,959.60 $4,959.60 $0.00 * $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $0.00 • $4,959.60 $4,959.60 $4,959.60 $9,919.19 ** $9,919.19 ** $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $0.00 * $4,959.60 $4,959.60 $0.00 * $4,959.60 $9,919.19 ** $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $0.00 ' $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 Lake Louise Dam , Assessment Roll . Total Assessment $491,000 Number of Units 99 Exhibit B Page 2 Name Assessment Sidwell 03-19-476-052 03-29-200-049 03-19-478-004 03-29-200-048 03-30-227-013 03-19-430-017 03-19-478-006 03-29-176-007 03-20-352-001 03-30-227-004 03-30-227-005 03-29-151-001 03-19-476-026 03-19-479-006 03-20-356-003 03-29-401-006 03-19-479-007 03-19-476-039 03-19-476-044 03-19-476-045 03-29-151-002 03-19-476-034 03-19-476-009 03-29-200-029 03-30-227-016 03-20-303-008 03-29-1 76-00 1 03-29-401-005 03-1 9-476-03 5 03-29-176-006 03-20-354-004 03-20-303-009 03-20-354-005 03-19-430-019 03-19-430-020 03-19-430-006 03-19-476-025 03-19-478-005 03-20-352-002 03-20-303-007 03-20-352-004 03-19-479-003 03-20-356-002 03-20-353 -001 03-19-430-007 03-19-476-016 03-30-227-012 03-29-126-003 03-29-126-002 03-29-151-006 03-29-151-009 KIRK STURMAN GEORGE TRAUB & MARY LITWIN LARRY LIZOTTE LARRY SAGE LAWRENCE LOFTIS M R HANES MALCOLM C RICHARDS MARILYN HORN MARK KWIATKOWSKI MARTIN E McCARRICK MARTIN E McCARRICK MARY BUTLER MARY LOU AMMORS MARY LOU FOX MELBOURNE ECKERT & MEL ECKERT II MICHAEL DOYLE MICHAEL INZITAR MICHAEL VANDENBOSSCHE MIKE PALAZZALA MIKE PALAZZALA MONICA RAMBERGER MYRTLE MENTER NANCY EGAN NILS RUSSELL PAT WATLING PATRICK NOONAN PAUL & GWEN PRUENTE PAUL & GWEN PRUENTE PAUL E ADAIR PAUL N PRUENTE PAULINE MORROW PETER NOONAN RAYMOND R HUMPHREYS ROBERT C YOUNG ROBERT C YOUNG ROBERT HELLEBUYCK ROBERT L WARNKE ROBERT W GREEN RONALD KACZMEREK ROSE PERRI ROY McNIGHT & LEOLA McNIGHT RUSSELL HARVEY THADDEUS BAWOL THEODORE MICHALSKI THOMAS H CAMPBELL THOMAS SEXTON TIMOTHY GODIN TIMOTHY O'DEA TIMOTHY SMITH VOLNEY R COTTON VOLNEY R COTTON $4,959.60 $4,959.60 $4,959.60 $0.00 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $9,919.19 **** $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $0.00 * $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $0.00 * $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $4,959.60 $0.00 . 4 • * Sidwell 03-29-151-013 03-19-479-005 03-20-354-002 03-19-476-007 Lake Louise Dam - Assessment Roll Total Assessment $491,000 Number of Units 99 Exhibit B Page 3 Name Assessment VOLNEY R COTTON $0.00 * WILLIAM A PENIX $4,959.60 WILLIAM VANDUSEN $4,959.60 WM M ROMBERGER $4,959.60 TOTAL $491,000.00 * Contiguous parcel -- not assessed ** Large developmental parcel -- assessed two units *** Parcel in district, but has no lake access '** Commercial property -- assessed two units RE: PLANNING AND BUILDING COMMITTEE ITEM G-LAKE LOUISE DAM Exhibit B will be distributed at the Board meeting. MEMORANDUM DATE: November 18, 1992 TO: The Oakland County Board of Commissioners FROM: Robert H. Fredericks, Chief Deputy Drain Commissioner SUBJECT: Advance of Funds for Lake Louise Dam This Resolution was approved by the Planning and Building Committee on September 29, 1992. It was then approved by the Finance Committee on October 1, 1992. Exhibit A - Estimated Cost - $491,000 Paragraph 4 of the Resolution indicates that the amount to be advanced for this project would not exceed $535,000 with the actual amount to be determined after bids for the construction of the new dam were received. Competitive bids were taken on November 6, 1992. Based on the bids received the total amount of the advance can now be decreased to an amount not to exceed $491,000. Exhibit B - Special Assessment Roll - Exhibit B is the special assessment roll which lists the 93 property owners from whom the cost of the project will be recovered. The total amount to be levied against each unit of assessment, before the addition of any interest, is $4,959.60. There are a total of 99 units in the special assessment roll. Six individual property owners have received a double assessment of two units rather than a single unit of assessment. This assessment methodology, which permits more than one unit of assessment, was determined after two public hearings. Five of the six property owners would have been assessed a single unit of assessment on the condition that they executed an agreement that would authorize an additional assessment against their property if they split or developed their property during the ten year period of the assessment roll. All five declined to execute such an agreement and therefore received a double assessment. The sixth property owner received a double assessment for operating a commercial establishment (boat livery) which directly benefits from the lake. MEMORANDUM Page Two November 17, 1992 Interest - 3.37% - Computed Annually NOT Quarterly Property owners will be permitted to pay their assessment over a period of ten years. The Finance Committee has recommended that the interest rate on the advance be set at the six-month Treasury Bill rate effective on the date the Board of Commissioners approves the Resolution. That rate is 3.37%. The Finance Committee recommendation also provides that the interest be computed and compounded quarterly. The Drain Commissioner requests that the interest rate be computed and compounded annually rather than quarterly. This assessment roll will be billed and collected by the Oakland County Treasurer in the same manner as Road Commission paving assessments. We have been advised by the Treasurer that the procedure used by the Treasurer requires that the interest rate charged be computed annually on the unpaid balance. This is the method that was used last year when the advance for the Bunny Run Lake Level project was approved by the Board of Commissioners. Mr. Glen Yrjanainen will available to answer any additional questions concerning the project or the Resolution at the Board of Commissioners meeting on November 19, 1992. Robert H. Fredericks 2 3 4 October 2? 1992 FISCAL NOTE (Misc. 92252) BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: DRAIN COMMISSIONER - ADVANCE OF FUNDS FOR LAKE LOUISE DAM MISCELLANEOUS RESOLUTION #92XXX 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 # 92xxx and finds: 1) Funding of an amount not to exceed $535,000 is requested for repairs, construction, county salaries, legal, engineering, design and administrative cost some of which are incurred to date for construction of the Lake Louise Dam; and Funding of $562,000 in the General Fund - Designated Fund Balance for Operational Improvement would be transferred to the Revolving Fund to be used for this project and upon repayment to the revolving fund they would become available for future projects. The transfer of funds from the General Fund will reduce the investment base thus reducing interest revenue approximately $27,000 and the budget should be reduced to recognize this; and The Resolution be amended to note that the loan would be repaid to the Revolving Fund and the project would be charged interest computed and compounded quarterly based on the prevailing six month Treasury Bill rate. 5) If the loan balance is less than $2,000 or paid back within two years, then no interest would be charged to this project. 6) The 1992 Adopted Budget be amended as follows: GENERAL FUND REVENUE 3-10100-909-01-00-9901 Sundry-Prior Years Revenue 3-10100-906-01-00-2233 Investment Income TOTAL REVENUE GENERAL FUND EXPENDITURES 4-10100-901-01-00-8610 Transfer to Revolving Fund TOTAL EXPENDITURES 1992 BUDGET $562,000 (27,000) $535,000 $535,000 $535,000 Mr. Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution. FINANCE COMMITTEE NANC\DRAIN\LOUISE.FN . Resolution # 92252 November 19, 1992 Moved by Olsen supported by Johnson the resolution be adopted. Moved by Olsen supported by Johnson the resolution be amended in the Fiscal Note by changing the following: 2) Funding of $562,000 in the General Fund - Designated Fund Balance for Operational Improvement would be transferred to the Long Term Revolving Fund to be used for this project and upon repayment to the revolving fund they would become available for future projects. 4) The resolution be amended to note that the loan would be repaid to the Long Term Revolving Fund and the project would be charged interest computed and compounded 40.WAWY annually based on the prevailing six month Treasury Bill rate. GENERAL FUND EXPENDITURES 4-10100-901-01-004010 8650 Transfer to Long Term Revolving Fund $535,000 TOTAL EXPENDITURES $535,000 A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended. AYES: McCulloch, McPherson, Millard, Oaks, Obrecht, Olsen, Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Caddell, Crake, Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause. Law, McConnell. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution, as amended, 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 November 19, 1992 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 19th day f N vembev 1992 Lyn/D. Allen, County Clerk