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HomeMy WebLinkAboutResolutions - 2002.12.12 - 26775NO AND BULLING COMMITTEE December 12, 2002 MISCELLANEOUS RESOLUTION #02324 By: Planning and Building Committee, Charles E. Palmer, Chairperson IN RE: DRAIN COMMISSIONER - WATKINS LAKE LEVEL AND AUGMENTATION WELL PROJECT To the Oakland County Board of Commissioner Chairperson, Ladies and Gentleman: WHEREAS, the procedures for establishing the normal level of an inland lake and the powers and duties of the delegated county authority are found in Part 307 of Act 451 of the Public Acts of 1994, as amended, MCL 324.30701 et seq., ("Part 307"); WHEREAS, pursuant to Part 307 the Drain Commissioner is the delegated county authority, responsible for maintaining the normal level as established by the circuit court for Watkins Lake, located in the Charter Township of Waterford, Oakland County, Michigan. WHEREAS, Watkins Lake presently has a normal level and a special assessment district for the operation and maintenance of a dam by the Drain Commissioner. WHEREAS, the present court order does not provide a winter level; WHEREAS, Section 30707(5) of Part 307 provides that the circuit court may determine that the normal level vary seasonally (Section 324.30707(5)) WHEREAS, the Drain Commissioner has historically utilized a winter lake for Watkins Lake to avoid flooding following the winter season; WHEREAS, the Drain Commissioner was presented with a petition from 2/3 of the property owners abutting Watkins Lake requesting that a "winter" level be established consistent with the level utilized by the Drain Commissioner; and that the Drain Commissioner proceed with constructing a new augmentation well for maintaining the normal level for Watkins Lake. The Drain Commissioner has certified these petitions to be adequate. WHEREAS, Section 30702 of Part 307 (MCL 324.30702) provides that the County Board of Commissioners shall within 45 days of receipt of a petition from 2/3 of the owners abutting an inland lake, initiate action to take the necessary steps to have a normal level of an inland lake determined by the circuit court; WHEREAS, Part 307 provides that all costs associated with the establishing a winter level and augmentation well project shall be assessed as a cost to all benefiting property owners within the special assessment district for Watkins Lake; NOW THEREFORE BE IT RESOLVED, that the Board of Commissioners hereby acknowledges receipt of the petition for the establishment of a winter level and construction of an augmentation well project for Watkins Lake and BE IT FURTHER RESOLVED that Corporation Counsel shall initiate proceedings in the circuit court for a determination of a "winter" level for Watkins Lake and the construction of an augmentation well consistent with the provisions of Part 307. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. Planning & Building Committee Vote: Motion carried on unanimous roll call vote with Garfield absent FISCAL NOTE ( MISC. #02324) December 12, 2002 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: DRAIN COMMISSIONER - WATKINS LAKE LEVEL AUGMENTATION WELL PROJECT TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Procedures for establishing the normal level of an inland lake and the powers and duties of the delegated county authority are found in Part 307 of Act 451 of the Public Acts of 1994, as amended, MCL 324.30701 et seq., (" 307"). 2. The Oakland Drain Commissioner was presented with a petition from 2/3 of the property owners abutting Watkins Lake, requesting that a "winter" level be established consistent with the level utilized by the Drain Commissioner. 3. The petition requests the Drain Commissioner proceed with construction a new augmentation well for maintaining the normal level for Watkins Lake. 4. Section 30702 of Part 307 (MCL 324.30702) provides that the County Board of Commissioners shall within 45 days of the receipt of a petition from 2/3 of the owners abutting an inland lake level, initiate action to take the necessary steps to have normal level of an inland lake determined by the circuit court. 5. All costs associated with the establishing a winter level and augmentation well project shall be assessed as a cost to all benefiting property owners within the special assessment district for Walkins Lake. 6. The Board of Commissioners shall acknowledge the receipt of the petition for the establishment of a winter level and construction of an augmentation well project for Watkins Lake. Also, to authorize Corporation Council to initiate proceedings in the Circuit Court for a determination of the project. 7. There are no fiscal implications with this item at this time. Therefore, no budget amendment is required. 8. Passage of the resolution is contingent upon fulfillment of the obligation to escrow $10,000 at the Drain Commissioner's Office to begin the process. FINANCE COMMITTEE FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Dingeldey, Taub and Melton absent. G. William Caddell, County Clerk Resolution #02324 December 12, 2002 Moved by Palmer supported by Brian the resolution be adopted. AYES: Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Obrecht, Palmer, Patterson, Sever, Suarez, Webster, Appel, Brian, Buckley, Causey-Mitchell, Crawford, Dingeldey, Douglas, Galloway. (21) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. FOREGOING RESO!„ 7.12.2j$— 41— n. County Executive Date STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, 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 December 12, 2002, 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 12th day of December, 2002.