HomeMy WebLinkAboutResolutions - 2023.02.16 - 37966
AGENDA ITEM: Establishment of Normal Level for Vhay Lake
DEPARTMENT: Water Resources Commissioner
MEETING: Board of Commissioners
DATE: Thursday, February 16, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-2506 _ 23-21
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Resolution Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
See memo.
POLICY ANALYSIS
The Water Resources Commissioner (WRC) has received signed petitions from the residents of
Vhay Lake in the City of Bloomfield Hills seeking the establishment of a normal lake level for Vhay
Lake (14 acres). The 2/3 requirement has been achieved as more than 75% of the residents signed
the petition. The establishment of a normal lake level falls under the purview of the Board of
Commissioners. 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"), see link below.
The process to establish a normal lake level for Vhay Lake began in 2020. The petition explains that
a normal level is necessary to protect the public health, welfare and safety, preserve the natural
resources of the State of Michigan, and protect the value of properties developed around the lake.
In a public meeting at City Hall, the WRC staff met with residents (25) to discuss the establishment
of a normal lake level. Information included that an engineering study is needed to determine the
normal level of Vhay Lake, that there are potential costs associated with construction of a new outlet
structure, and there will be associated downstream improvements. The petitioning residents
understand (per WRC staff) that all costs associated with this process will be assessed as a cost to
all benefiting property owners within a special assessment district to be established for Vhay Lake.
The City of Bloomfield Hills is aware of the petitioners’ request and costs and will not share in the
costs.
There is an existing structure and the estimated cost is $800,000. After the engineering study is
complete and the lake level established, WRC will start the design process and will likely bond the
project with full faith and credit through the county and will bring forward a resolution. Costs will be
part of WRC's normal operations until the financing is in place. WRC will contract with a licensed
professional engineer for the engineering study.
Also, due to the changes since 2014, Corporation Counsel may seek outside counsel to assist in the
initiation of the proceedings in the Sixth Judicial Circuit Court for the County. The Water Resources
Commissioner is seeking approval as the appointed delegated authority under Part 307 to initiate
action to determine the normal level of Vhay Lake. On final approval, the County’s Corporation
Counsel is authorized to initiate proceedings in the Sixth Judicial Circuit Court for the County for a
determination of a "normal" level for Vhay Lake, consistent with the provisions of Part 307. A budget
amendment is not required.
http://www.legislature.mi.gov/(S(2jqclcwpsvfmn3pwbkguvcvy))/documents/mcl/pdf/mcl-451-1994-III-1-INLAND-WATERS-307.pdf
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Ryan Woloszyk, Civil Engineer III
Michael McMahon, Chief Engineer WRC
ITEM REVIEW TRACKING
Yolanda Smith Charles, Created/Initiated - 2/16/2023
David Woodward, Board of Commissioners Approved - 2/16/2023
Hilarie Chambers, Executive's Office Approved - 2/21/2023
Lisa Brown, Clerk/Register of Deeds Final Approval - 2/28/2023
AGENDA DEADLINE: 02/16/2023 6:00 PM
ATTACHMENTS
1. 2023-02-08 Vhay Lake Memo
2. 2022-10-25_LKL_Vhay_Signatures for lake level BOC
3. 2023-01-12_LKL_Vhay_Lake Petition Signatures Complete
COMMITTEE TRACKING
2023-02-08 Economic Development & Infrastructure- Recommend to Board
2023-02-16 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
Janet Jackson, Gary McGillivray, William Miller III, Yolanda Smith Charles, Charles Cavell, Ajay
Raman (17)
No: None (0)
Abstain: None (0)
Absent: Christine Long, Brendan Johnson (2)
Passed
February 16, 2023
RESOLUTION #2023-2506 _ 23-21
Sponsored By: Yolanda Smith Charles
Water Resources Commissioner - Establishment of Normal Level for Vhay Lake
Chair and Members of the Board:
WHEREAS Vhay Lake is an inland lake of approximately 14 acres located in the City of Bloomfield
Hills, Oakland County, Michigan; and
WHEREAS the Oakland County Water Resources Commissioner was presented with a petition from
the property owners abutting Vhay Lake requesting that a normal level be established; and
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"); and
WHEREAS the petition alleges that a normal level is necessary to protect the public health, welfare
and safety, preserve the natural resources of the State of Michigan, and protect the value of
properties developed around Vhay Lake; and
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 to establish a normal level of an inland
lake, proceed with the necessary steps to have a normal level of an inland lake determined by a
circuit court; and
WHEREAS Part 307 provides that all costs associated with establishing a normal level shall be
assessed as a cost to all benefiting property owners within a special assessment district to be
established for Vhay Lake.
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners hereby acknowledges
receipt of a petition for the establishment of a normal level for Vhay Lake.
BE IT FURTHER RESOLVED that the Water Resources Commissioner is appointed as the
delegated authority under Part 307 and is directed to initiate action to take all necessary steps to
cause to be determined the normal level of Vhay Lake.
BE IT FURTHER RESOLVED that Oakland County’s Corporation Counsel is authorized to initiate
proceedings in the name of the County in the Sixth Judicial Circuit Court for the County of Oakland for
a determination of a "normal" level for Vhay Lake and consistent with the provisions of Part 307.
BE IT FURTHER RESOLVED that no budget amendment is necessary.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: February 16, 2023
David Woodward, Commissioner
Date: February 21, 2023
Hilarie Chambers, Deputy County Executive II
Date: February 28, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-02-08 Economic Development & Infrastructure- Recommend to Board
2023-02-16 Full Board - Adopt
VOTE TRACKING
Motioned by Commissioner Michael Gingell seconded by Commissioner Penny Luebs to adopt the
attached Resolution: Establishment of Normal Level for Vhay Lake.
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson,
Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet
Jackson, Gary McGillivray, William Miller III, Yolanda Smith Charles, Charles Cavell, Ajay Raman
(17)
No: None (0)
Abstain: None (0)
Absent: Christine Long, Brendan Johnson (2)
Passed
ATTACHMENTS
1. 2023-02-08 Vhay Lake Memo
2. 2022-10-25_LKL_Vhay_Signatures for lake level BOC
3. 2023-01-12_LKL_Vhay_Lake Petition Signatures Complete
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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
February 16, 2023, 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 on Thursday, February 16, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
Form DC–001
OAKLAND COUNTY WATER RESOURCES COMMISSIONER
Page 1 of 1 Rev.: 02/12/2018
OAKLAND COUNTY
WATER RESOURCES COMMISSIONER MEMORANDUM
TO: Yolanda Smith Charles, District 17
Chairperson, Economic Development and Infrastructure Committee
FROM: Ryan Woloszyk, P.E., Civil Engineer III
SUBJECT: Establishment of a Normal Lake Level for Vhay Lake
DATE: February 8, 2023
More than 75% of the residents on Vhay Lake, a 14-acre lake in the City of Bloomfield Hills, have
signed a petition seeking the establishment of a normal lake level for Vhay Lake. The petition
explains that a normal level is necessary to protect the public health, welfare and safety, preserve the
natural resources of the State of Michigan, and protect the value of properties developed around the
lake. The petition also acknowledges the necessity of an engineering study to determine the normal
level of Vhay Lake along with the potential costs associated with construction of a new outlet
structure and associated downstream improvements.
While the establishment of a normal lake level falls under the purview of the Board of Commissioners,
petitioning residents understand that all costs associated with this process will be assessed as a cost
to all benefiting property owners within a special assessment district to be established for Vhay Lake.
Requested Action: Adopt the accompanying resolution for the establishment of a normal level
for Vhay Lake and authorize Corporation Counsel to initiate proceedings in the Sixth Judicial
Circuit Court for the County of Oakland for a determination of a normal level for Vhay Lake.
Presenters: Ryan Woloszyk, P.E. 248-467-2321
Michael McMahon, P.E. 248-431-3816
KEYPIN SITEADDRESS Name Signed Needed Signed %Signed
1914226034 1720 HAMMOND CT PARMELY LAURINE SYMULA Y 1 1 1 1 0.5 0.5
PARMELY JOHN D Y 1 1 0.5 0.5
1914226033 1730 HAMMOND CT KUBICKI DONALD J TR 1 0 1 0 1 0
1914226009 1740 HAMMOND CT ALICE S AIKENS TR Y 1 1 1 1 1 1
1914226010 1750 HAMMOND CT BUBASH LORI A Y 1 1 1 1 0.5 0.5
FAUST RUSSELL A M 1 0 0.5 0
1914226011 1770 HAMMOND CT ANN F KATZ TR Y 1 1 1 1 1 1
1914226013 1780 HAMMOND CT TISCHLER TODD J Y 1 1 1 1 0.5 0.5
TISCHLER CHELSEA M Y 1 1 0.5 0.5
1914226008 1780 KENSINGTON RD CAMDEN CARL T Y 1 1 1 1 0.5 0.5
WARGO JULIE L Y 1 1 0.5 0.5
1914226029 1835 LAKEVIEW CT CLARK JEFFREY K Y 1 1 1 1 0.5 0.5
CLARK VELVA S 1 0 0.5 0
1914226028 1845 LAKEVIEW CT JOHN R BENEICKE TR Y 1 1 1 1 0.5 0.5
NANCY B BENEICKE TR 1 0 0.5 0
1914226027 1861 LAKEVIEW CT SHERR STUART D 1 1 1 0 0.5 0
SHERR BONNIE L Y 1 1 0.5 0.5
1914226026 1885 HILLWOOD DR MURRAY MARK T Y 1 1 1 1 0.5 0.5
MURRAY LILIANA Y 1 1 0.5 0.5
1914226025 1911 HILLWOOD DR BAHM IV JACKSON L Y 1 1 1 1 0.5 0.5
BAHM MONICA C Y 1 1 0.5 0.5
1914226024 1925 HILLWOOD DR DAVIN SEABROOK RADIO SATTERLUND Y 1 1 1 1 1 1
(BRIANNA SATTERLUND)1 0
1914226023 1935 HILLWOOD DR AHMAD ASIR UDDIN Y 1 1 1 1 0.5 0.5
AHMAD JANE Y 1 1 0.5 0.5
1914226007 400 E LONG LAKE RD ROSENBERG HOWARD Y 1 1 1 1 0.5 0.5
ROSENBERG BRENDA Y 1 1 0.5 0.5
1914226006 420 E LONG LAKE RD GARG SURENDRA P Y 1 1 1 1 0.5 0.5
GARG GAYATRI 1 0 0.5 0
1914226005 460 E LONG LAKE RD HYDUK RODNEY D 1 0 1 0 0.5 0
HYDUK NANCY A 1 0 0.5 0
1914226004 480 E LONG LAKE RD MIRZA ASMAT SHAHZAD 1 0 1 0 1 0
1914226003 490 E LONG LAKE RD DAVID N ZACKS TR Y 1 1 1 1 1 1
1914226002 500 E LONG LAKE RD ODONOVAN ANTHONY P Y 1 1 1 1 0.5 0.5
ODONOVAN NICOLE Y 1 1 0.5 0.5
1914226001 530 E LONG LAKE RD SUKUMARAN HARRY Y 1 1 1 1 1 1
1911476003 560 E LONG LAKE RD WALTON CHRISTOPHER R Y 1 1 1 1 0.008757 0.008757
WALTON MATTHEW A Y 1 1 0.00875 0.00875
PIETROWSKI DENNIS A Y 1 1 0.25 0.25
WALTON DONNA A Y 1 1 0.232493 0.232493
PIETROWSKI DONALD Y 1 1 0.25 0.25
PIETROWSKI DAVID Y 1 1 0.25 0.25
1911476008 570 E LONG LAKE RD SABRI AMMAR Y 1 1 1 1 1 1
(SABRI JOVANNI)1 0
1911476007 580 E LONG LAKE RD HANNA IZZA Y 1 1 1 1 1 1
1914226012 OUTLOT A CAMDEN CARL T Y 1 1 1 1 0.5 0.5
WARGO JULIE L Y 1 1 0.5 0.5
1911477002 130 BRIDGEVIEW DR EDWARD A MANCINI 1 0 1 0 0.5 0
MANCINI LISA M 1 0 0.5 0
Total Total Total Total Total Total
36 26 22 49 36 26 19.5
Percent 0.846154 Percent 0.734694 Percent 0.75
Old 1 to 1 1 vote per