HomeMy WebLinkAboutResolutions - 2024.06.13 - 41288
AGENDA ITEM: Establishing a Lake Level Special Assessment District for Vhay Lake
DEPARTMENT: Water Resources Commissioner
MEETING: Board of Commissioners
DATE: Thursday, June 13, 2024 9:30 AM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-4140 _ 24-48
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Resolution Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
Vhay Lake is an inland lake of approximately 14 acres located in the City of Bloomfield Hills.
Property owners abutting the lake submitted a petition to the Water Resources Commissioner
alleging 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.
On February 16, 2023, the Oakland County Board of Commissioners unanimously adopted
Miscellaneous Resolution No. 2023-2506 appointing the Water Resources Commissioner as the
delegated authority under Part 307 of Act 451 of the Public Acts of 1994, as amended, MCL
324.30701 et seq. The resolution also directed the Water Resources Commissioner “to initiate
action to take all necessary steps to cause to be determined the normal level of Vhay Lake.” A copy
of that resolution is attached.
Since the adoption of that resolution, the Oakland County Corporation Counsel determined that the
resolution is insufficient to establish a special assessment district because the resolution did not
specifically describe that the cost of any project to establish and maintain a normal lake level for
Vhay Lake may be deferred by the establishment of a special assessment district by the Oakland
County Water Resources Commissioner as provided in MCL 324.30711(1).
This new resolution corrects that deficiency. Further, as was noted in the previous resolution, no
budget amendment is necessary.
POLICY ANALYSIS
This is a request to amend MR # 2023-2506 and add language that permits the creation of a special
assessment district for the purposes of funding the establishment of normal lake levels for Vhay
Lake in the City of Bloomfield Hills.
This item was originally brought before the Board in 2023 at the request of residents who signed a
petition for the establishment of a normal lake level. Since that time, the needed engineering study
has been completed and reviewed by Corporation Counsel and the Department of Environment,
Great Lakes and Energy (EGLE). Based on the information received, the project is still estimated to
cost $800,000, but costs may fluctuate based on final designs.
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
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 6/13/2024
David Woodward, Board of Commissioners Approved - 6/13/2024
Hilarie Chambers, Executive's Office Approved - 6/13/2024
Lisa Brown, Clerk/Register of Deeds Final Approval - 6/14/2024
AGENDA DEADLINE: 06/13/2024 9:30 AM
ATTACHMENTS
1. 2024-06-05 Memo re Vhay Lake
2. Vhay Lake Level District Map
3. Vhay Lake Level Resolution 2023-2506
COMMITTEE TRACKING
2024-06-05 Economic Development & Infrastructure - Recommend to Board
2024-06-13 Full Board - Adopt
Motioned by: Commissioner Linnie Taylor
Seconded by: Commissioner Philip Weipert
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann
Erickson Gault, Linnie Taylor (18)
No: None (0)
Abstain: None (0)
Absent: Kristen Nelson (1)
Passed
June 13, 2024
RESOLUTION #2024-4140 _ 24-48
Sponsored By: Yolanda Smith Charles
Water Resources Commissioner - Establishing a Lake Level Special Assessment District 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; and
WHEREAS the Board of Commissioners has, on February 16, 2023, approved Miscellaneous
Resolution No. #2023-2506 which is attached, providing for the establishment and maintenance of
the lake level on Vhay Lake, in accordance with MCL 324.30701 et seq.
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 the cost of any project to establish and maintain a normal lake
level for Vhay Lake may be deferred by the establishment of a special assessment district by the
Oakland County Water Resources Commissioner as provided in MCL 324.30711(1).
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: June 13, 2024
David Woodward, Commissioner
Date: June 13, 2024
Hilarie Chambers, Deputy County Executive II
Date: June 14, 2024
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2024-06-05 Economic Development & Infrastructure - Recommend to Board
2024-06-13 Full Board - Adopt
Motioned by Commissioner Linnie Taylor seconded by Commissioner Philip Weipert to adopt the
attached Resolution: Establishing a Lake Level Special Assessment District for Vhay Lake.
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Christine Long,
Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William
Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson
Gault, Linnie Taylor (18)
No: None (0)
Abstain: None (0)
Absent: Kristen Nelson (1)
Passed
ATTACHMENTS
1. 2024-06-05 Memo re Vhay Lake
2. Vhay Lake Level District Map
3. Vhay Lake Level Resolution 2023-2506
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 June
13, 2024, 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, June 13, 2024.
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: Commissioner Yolanda Charles Smith, Chairperson Environment, Development
and Infrastructure Committee
FROM: Ryan Woloszyk, P.E.
SUBJECT: Revision to Miscellaneous Resolution No. 2023-2506
DATE: June 5, 2024
On February 16, 2023, the Oakland County Board of Commissioners adopted Miscellaneous
Resolution No. 2023-2506 authorizing Oakland County’s Corporation Counsel to initiate court
proceedings to determine a normal lake level for Vhay Lake in Bloomfield Hills. A copy of that
resolution is attached.
Recently, upon further review, corporation counsel determined that although the resolution indicates
that Part 307 of Act 451 of the Public Acts of 1994, MCL 324.30701 et seq. provides that all costs
associated with establishing a normal level, and the Board appointed the Water Resources
Commissioner to “take all necessary steps to cause to be determined the normal level of Vhay Lake,”
such language is insufficient to actually establish the required special assessment district. The
revised resolution corrects that deficiency.
Requested Action: Adopt the resolution as presented.
Presenter: Ryan Woloszyk Woloszykr@oakgov.com 248-467-2321
IZZAT HANNA580 E LONG LAKE RD483041911476007
ASMAT S MIRZA480 E LONG LAKE RD483041914226004
HARRY SUKUMARAN530 E LONG LAKE RD483041914226001
WILLIAM AIKENS1740 HAMMOND CT483041914226009
CHRISTOPHER WALTON560 E LONG LAKE RD483041911476003
SUBHASH KAPUR1765 HILLWOOD DR483041914226049
RUSSELL A FAUST1750 HAMMOND CT483041914226010
HOWARD ROSENBERG400 E LONG LAKE RD483041914226007
TODD J TISCHLER1780 HAMMOND CT483041914226013
ANN D KATZ TRUSTEE1770 HAMMOND CT483041914226011
SVEN OLRIK STREUBEL1780 KENSINGTON RD483041914226008
JACKSON L BAHM IV1911 HILLWOOD DR483041914226025
ZACKS TRUST, THE DAVID N490 E LONG LAKE RD483041914226003
SURENDRA P GARG420 E LONG LAKE RD483041914226006
AMMAR SABRI570 E LONG LAKE RD480301911476008
RODNEY D HYDUK460 E LONG LAKE RD483041914226005
WILM UHLENBECKER1769 HILLWOOD DR483041914226039
KUBICKI REVOCABLE TRUST, DONALD J1730 HAMMOND CT483041914226033
ANGELA M FULLER500 E LONG LAKE RD483041914226002
STUART D SHERR1861 LAKEVIEW CT483041914226027
MARK T MURRAY1885 HILLWOOD DR483041914226026
LAURINE SYMULA PARMELY1720 HAMMOND CT483041914226034
BENEICKE, NANCY B1845 LAKEVIEW CT483041914226028
JEFFREY CLARK1835 LAKEVIEW CT483041914226029
DAVIN SEABROOK-RAUDIO SATTERLAUND1935 HILLWOOD DR483041914226023
AUGUSTUS P EVANGELISTA1665 HILLWOOD DR483041914226040
DAVIN SEABROOK RADIO SATTERLUND1925 HILLWOOD DR483041914226024
SVEN OLRIK STREUBEL
1914226012
LISA PLATEN JORGENSEN- MARKEVICH1825 LAKEVIEW CT483041914226030
City of Bloomfield Hills
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The inform ation displayed in this map is compiled from r ecorded deeds, plats, tax maps, surveys and other public records. Although this information is intended to accurately reflect public infor mation, it is not a legally recorded map or survey and is not intended to be used as one. Users should consult primary/original information sources where appropriate.
DISCLAIM ER:
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Map Printed: 2/5/2024 DJL
Legend
VHAY LA KE A SSE SSM ENT DIST RICT
VHAY LA KE A SSE SSM ENT DIST RICT PARCE LS
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.
'OAKIAND~
COUNTY MICHIGAN
BOARD OF COMMISSIONERS