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Home My WebLink AboutResolutions - 2020.07.02 - 33408REPORT (MISC. #20196) July 2, 2020 BY: Commissioner Penny Luebs, Chairperson, Health, Safety and Human Services Committee IN RE: MR #20196 — BOARD OF COMMISSIONERS — STATUS OF THE CONTROL STRUCTURES — DAMS, WEIRS, PIPES OR OTHER TYPE BARRIERS THAT REGULATE THE LEVEL OF THE LAKES IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen. The Health, Safety and Human Services Committee, having reviewed the above -referenced resolution on June 9, 2020, reports to recommend adoption of the resolution with the following amendment(s): 1. Insert the following language after the 13th WHEREAS WHEREAS the costs to maintain the normal level of the lakes tinder the jurisdiction of Oakland County, including the costs for maintenance, operation and repairs to the control structures, are recoverable via assessments against the various benefiting properties and government entities comprising the assessment rolls of the respective Lake Level Districts; and 2. Amend the last WHEREAS statement, as follows: WHEREAS all control structures, including dams in Oakland County, private and regulated, must be inspected and maintained with financial resources by the dam ownerafld sta# to ensure the safety of County residents and businesses from a devastating disaster in Oakland County like the one on May 20, 2020 in Midland. 3. Amend the 2nd BE IT FURTHER RESOLVED clause, as follows: BE IT FURTHER RESOLVED that the Board of Commissioners recognizes the necessity importance for the allocation of appropriate funding and staff resources for the continued inspection, maintenance and repair to all control structures that regulate the level of the lakes in Oakland County, and Feeemmends that the Worand Ainpate the fin ..i� reseersss ai7,r.Lr&IIy Is ensure the safet • of the GGAt..J StFuetwe including those not currently inspected, maintained, or repaired by the WRC 4. Amend the 311 BE IT FURTHER RESOLVED clause, as follows: BE IT FURTHER RESOLVED that a comprehensive report shall be presented to the Oakland County Board of Commissioners and its appropriate committees for review within 30 90 days from the adoption of this resolution and annually at the end of each calendar year with the following information on the control structures that regulate the level of the lakes in Oakland County: 1. Number of control structures 2. `=CLE Dzm !2"c State of Michigan Dam Identification Codes 3. Jurisdiction of the control structures, including privately owned 4. The party responsible 5. Identify the different classifications 6. Condition, and rating and age of the control structures 7. Date of last inspection S. Frequency of inspection and process 9. Budget (annual) for maintenance, and repairs, and updates as to the status on any pending repairs for Oakland County owned control structures 10. Certification that comprehensive Emergency Action Plans to address a failure for all related dams are current and updated every three (3) years for Oakland County owned control structures and include Emergency Action Plans to address 500 -year rain events it. Pertinent information and comments related to the control structures 5. Insert the following language as the 5th BE IT FURTHER RESOLVED clause: BE IT FURTHER RESOLVED sufficient funding is available for allocation in the Fiscal Year 2020 WRC General Fund for Countywide Infrastructure, Studies and Projects cover the costs of an engineering consultant to review existing private dam inspection records and reports on file with the State of Michigan. 6. Amend the last BE IT FURTHER RESOLVED clause, as follows: BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds provide a copy of this resolution to Governor Gretchen Whitmer, State Senate Majority and Minority Leaders, the State House Speaker and Minority Leader, the Oakland County delegation to the Michigan Legislature, the Michigan Department of Environment, Great Lakes, and Energy, the Board of Commissioner's Legislative Lobbyist, and the Oakland County Water Resources Commissioner. Chairperson, on behalf of the Health, Safety and Human Services Committee, I move the acceptance of the foregoing report Commissioner Penny Luebs, District #16 Chairperson,`Health, Safety and Human Services Committee HEALTH, SAFETY AND HUMAN SERVICES COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Miller absent. MISCELLANEOUS RESOLUTION #20196 BY: Commissioners Eileen Kowall, District #6 and Penny Lueos, District #16 IN RE: BOARD OF COMMISSIONERS — STATUS OF THE CONTROL STRUCTURES — DAMS, WEIRS, PIPES OR OTHER TYPE BARRIERS THAT REGULATE THE LEVEL OF THE LAKES IN OAKLAND COUNTY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS on May 20, 2020, the Edenville Dam and the Sanford Dam in Midland, Michigan breached causing 10,000 people to flee their homes along the Tittabawassee River; and WHEREAS the Edenville Dam is owned and managed by Boyce Hydro, LLC, and the Federal Energy Regulatory Commission (FERC) warned Boyce for 14 years about the dam's condition, but nothing was done until 2018, when their power generating license was revoked, and WHEREAS the disaster on May 20, 2020, was a devastating event that could have been prevented; and WHEREAS there are 2,500 dams in the State of Michigan which are regulated by either the Inland Lake Levels Act or the Dam Safety Act; and WHEREAS the State regulates 1,061 of the dams, 99 dams that generate hydro power managed by the Federal Energy Regulatory Commission (FERC), and 1,340 privately owned dams; and WHEREAS the State's Department of Environment, Great Lakes and Energy's Dam Safety Unit (EGLE) only has two (2) inspectors and a supervisor with a budget of $397,215; and WHEREAS there are no national standards for inspecting dams, which leads to a patchwork of state regulations; and WHEREAS the condition of a dam is rated as unsatisfactory, poor, fair or satisfactory; however, ratings are subjective, varying by state and the interpretations of individual inspectors, and the findings are not always publicly disclosed; and WHEREAS there are approximately 150 dams in Oakland County under various responsibilities; and WHEREAS under the provisions of Part 307 of Act No. 59 of 1995, Inland Lake Levels, the Oakland County Water Resources Commissioner (WRC) is delegated the responsibility of participating in legal proceedings and has the authority to maintain normal levels for lakes in Oakland County where two-thirds of the residents abutting the lake have the ability to petition the Oakland County Board of Commissioners and the Circuit Court may then act on the petition; and WHEREAS to regulate the level of the lake, a control structure - an artificial barrier - is utilized. The structure can be a dam, a weir, a pipe or any other such type barrier; and WHEREAS there are 54 lakes within the County that the WRC maintains the normal levels of the lakes; and WHEREAS the WRC has a staff Engineer that heads the Lake Level Program and three (3) lake level control technicians for the operation and maintenance of 36 lake level control structures and 8 lake level augmentation pumps; and WHEREAS all control structures, including dams in Oakland County, private and regulated, must be inspected and maintained with financial resources and staff to ensure the safety of County residents and businesses from a devastating disaster in Oakland County like the one on May 20, 2020 in Midland. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners acknowledges the importance of monitoring all control structures — dams, weirs, pipes or other such type barriers that regulate the level of the lakes in Oakland County for proper maintenance and repair for the safety and well- being of all County residents and businesses. BE IT FURTHER RESOLVED that the Board of Commissioners urges the State of Michigan to increase funding, staff resources and accountability for inspections, maintenance and repairs of the 2,500 dams in the State to ensure the safety and reliability of the structures that protect Michigan's residents and businesses. BE IT FURTHER RESOLVED that the Board of Commissioners recognizes the necessity for the allocation of appropriate funding and staff resources for the continued inspection, maintenance and repair to all control structures that regulate the level of the lakes in Oakland County and recommends that the WRC review and allocate the financial and staff resources annually to ensure the safety of the control structures. BE IT FURTHER RESOLVED that a comprehensive report shall be presented to the Oakland County Board of Commissioners and its appropriate committees for review within 30 days from the adoption of this resolution and annually at the end of each calendar year with the following information on the control structures that regulate the level of the lakes in Oakland County. 1. Number of control structures 2. EGLE Dam ID's 3. Jurisdiction of the control structures, including privately owned 4. The party responsible 5. Identify the different classifications 6. Condition and rating of the control structures 7. Date of last inspection 8. Frequency of inspection and process 9. Budget (annual) for maintenance and repairs 10. Certification that comprehensive Emergency Action Plans to address a failure for all related dams are current and updated every three (3) years 11. Pertinent information and comments related to the control structures BE IT FURTHER RESOLVED that the Oakland County Water Resources Commissioner post the comprehensive report findings on the WRC website annually for public review and information. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds provide a copy of this resolution to Governor Gretchen Whitmer and the Oakland County Water Resources Commissioner. Chairperson, I move the adoption of the foregoing resolution. /Cornmissioner Eileen-Kowall Cemmissi ner Penny Luetis District #6 Distract # Resolution #20196 June 4, 2020 The Chairperson referred the resolution to the Health, Safety and Human Services Committee. There were no objections. Resolution #20196 Moved by Kowall seconded by Luebs the resolution be adopted. July 2, 2020 Moved by Luebs seconded by Kowall the Health, Safety and Human Services Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Discussion followed. Vote on resolution: AYES: Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spfsz, Taub, Weipert, Woodward, Zack, Gershenson, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. I HEREBYAPPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Cferk 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 2, 2020, 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 Circuit Court at Pontiac, Michigan this 2"6 day of July, 2020. Lisa Brown, Oakland County