HomeMy WebLinkAboutResolutions - 1996.03.20 - 24812REPORT (Misc. #96066)
BY: Finance and Personnel Committee, Sue Douglas, Chairperson
RE: Authezlzat12121 of Establishment of a Legal Level for Waumegah
Lake and Reconstruction of a New Dam Structure
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen,
The Finance and Personnel Committee, having reviewed the
above-referenced Planning and Building Committee resolution on
March 14, 1996, reports with the recommendation that the resolution
be adopted with the following amendment:
Delete the following from the 3rd BE IT FURTHER RESOLVED
paragraph: ...,subjeot to prior receipt of a written guarantee from
the lake aesociation or the applicable local government,...
Chairperson on behalf of the Finance and Personnel Committee,
I move acceptance of the foregoing report.
(f t(te---t ,--
Finance and Personnel/ Committee
Miscellaneous Resolution #96066 March 21, 1996
BY: Planning and Building Committee, Charles E. Palmer, Chairperson
IN RE DRAIN COMMISSIONER - ESTABLISHMENT OF A LAKE LEVEL FOR
WAUMEGAH LAKE, AND THE CONSTRUCTION OF A NEW DAM
STRUCTURE. •
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS. Waumegah Lake, having a surface area of approximately 112 acres,
is an inland lake located in both Section 12 of Springfield Township, T.4N., R.8E.,
Oakland County, Michigan, and Section 7 of Independence Township, T.4N., R.9E.,
Oakland County. Michigan; and
WHEREAS, on January 8, 1996 a structural failure of the approximately 70 year
old private dam structure controlling the level of Waumegah Lake occurred, threatening
the public health, safety and welfare, and putting the lake level at risk; and
WHEREAS, at the request of Springfield Township officials, the Oakland County
Drain Commissioner's Office intervened on January 8, 1996 to temporarily stabilize the
structure failure of the said dam structure; and
WHEREAS, the Michigan Department of Environmental Quality (MDEQ), acting
within their authorities under the Darn Safety Act, Public Act No. 300 of 1989, ordered
a drawdown of the level of Waumegah Lake until such time that the dam structure is
repaired/reconstructed; and
WHEREAS. Act No. 146 of the Public Acts of 1961, the Inland Lake Level Act,
as amended by Part 307 of Act No. 59 of the Public Acts of 1995, sets forth a procedure
for the establishment of both a legal level for inland lakes located within the State of
Michigan. and the construction of darn/level control structures to effectuate such levels;
and
WHEREAS, the establishment of a summer and winter level for Waumegah Lake,
and the reconstruction of the lake's failed dam structure, all in accordance with the
provisions of Act No. 146 of 1961, as amended by Part 307 of Act No. 59 of 1995, would
provide for the public health, safety and welfare, would conserve the natural resources of
the state, and would preserve and enhance the property values abutting Waumegah Lake;
and
WHEREAS. in accordance with Section 30702 of said Act No. 59, petitions were
received by the Oakland County Board of Commissioners from more than two-thirds (2/3)
of the freeholders owning land abutting Waurnegah Lake requesting both the establishment
of a legal level and the reconstruction of the lake's failed dam structure; and
WHEREAS, in accordance with Section 30703 of said Act No. 59, the said
petitioners did enclose with their petitions a $10,000.00 cash deposit to cover the costs of
preliminary engineering; and
WHEREAS, in order to maintain a summer and winter level for Waumegah Lake.
it is necessary to reconstruct a new dam structure to the present standards of
hydraulic/hydrologic/structural design, to replace the existing failed dam structure.
NOW THEREFORE BE IT RESOLVED, that this Board of Commissioners deems
it in the public's best interest to reconstruct the existing failed dam structure at Waumegah
Lake, in order to establish and maintain a normal summer and winter elevation for
Waumegah Lake, pursuant to the provisions of Act No. 146 of the Public Acts of 1961,
as amended by Part 307 of Act No. 59 of the Public Acts of 1995.
BE IT FURTHER RESOLVED, that the Drain Commissioner be designated to act
on behalf of the Board of Commissioners to oversee the design and construction of a new
dam structure for Waumegah Lake, and to prepare a Special Assessment District and Roll
that includes therein each parcel of land that will benefit from both the establishment of a
summer and winter lake level, and the reconstruction of the failed dam structure.
BE IT FURTHER RESOLVED, that the Office of the Prosecuting Attorney, in
conjunction with the Department of Corporation Counsel, be authorized to initiate a
Complaint in the Circuit Court for the County of Oakland to establish a legal summer and
winter level for Waumegah Lake, and to reconstruct the failed dam structure, as indicated
herein.
BE IT FURTHER RESOLVED, that this Board of Commissioners does hereby
commit, subject to prior receipt of a written guarantee from the lake association or the
applicable local government, to finance the cost of constructing a new dam structure for
Waurnegah Lake, to be repaid from the said Special Assessment Roll, consistent with prior
established policy, in accordance with Miscellaneous Resolution Nos. 89276 and 92228
covering the loan of County funds, with the actual amount of the loan, including applicable
interest rate and repayment schedule, being determined at some time in the future, by
Board of Commissioner action, after the costs to reconstruct the Waurnegah Lake darn
structure are known.
BE IT FURTHER RESOLVED, that the Drain Commissioner be authorized to
request and receive advances, subject to prior receipt of a written guarantee from the lake
association or the applicable local government, for engineering design and other related
costs, as needed, in excess of the $10,000.00 deposit that accompanied the petitions, in an
amount not to exceed $50,000.00, prior to the actual advancement of funding and adoption
of the Special Assessment Roll, to be repaid as part of the overall project loan, all in
accordance with said Miscellaneous Resolution Nos. 89276 and 92228.
Chairperson, on behalf of the Planning and Building Committee, I move adoption
of the foregoing resolution.
PLANNING 8.c. BUIEDING COMMII'lEE
FISCAL NOTE (Misc. #96066)
BY: FINANCE AND PERSONNEL COMMITTEE, Sue Ann Douglas, Chairperson
IN RE: DRAIN COMMISSIONER - ESTABLISHMENT OF A LAKE LEVEL FOR WAUKEGAN
LAKE, AND THE CONSTRUCTION OF A NEW DAM STRUCTURE
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-F of this Board, the Finance Committee has reviewed
Miscellaneous Resolution # 96066 and finds:
1) The resolution authorizes the Drain Commissioner to design and
construct a new dam for Waumegah Lake to control lake levels and
prepare a Special Assessment District and Roll.
2) The resolution also authorizes the Drain Commissioner to obtain
advanceS from the Drain Revolving Fund in an amount not to exceed
$50,000 to initially establish the project which would be repaid aS
part of the overall project loan.
3) The Board of Commissioners commits to financing the cost of the
reconstruction project, which will be repaid from the special
assessment roll, consistent with prior established policy and in
accordance with Miscellaneous Resolutions Nos. 89276 and 92228
covering the loan of County funds. The actual amount of the loan
and applicable interest rate will be determined by the Board of
Commissioners at a later date after the costs of reconstruction have
been determined.
4) FUnds for the initial advance of $50,000 are available in the Drain
Revolving Fund.
5) The initial advance is contingent on receipt of a written guarantee
from the lake association or the applicable local government.
6) Upon approval by the Board of Commissioners, funding to finance the
project will be transferred from the Drain Revolving Fund to the
Drain Long Term Revolving fund.
FINANCE AND PERSONNEL COMMITTEE
//
I HEREE THE FOREGOING RESOLUTION
Resolution #96066 March 21, 1996
Moved by Palmer supported by Taub the Finance and Personnel Committee
Report be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Palmer supported by Taub the resolution be adopted.
Moved by Palmer supported by Garfield he resolution be amended to coincide
with the recommendation of the Finance and Personnel Committee Report.
A sufficient majority having voted therefor, the amendment carried.
vote on resolution, as amended:
AYES: Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid, Taub,
Wolf, Amos, Crake, Devine, Dingeldey, Douglas, Garfield, Holbert, Jacobs,
Johnson, Kaczmar, Kingzett, Law, McCulloch. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was
adopted.
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- atterson. County Executive Date
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 regQ1ution adopted by the
Oakland County Board of Commissioners on March 21, 1996 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 21st day of March 1996.
Lynn/D. Allen, County Clerk