City Council Agendas"

TO: CLAY PEARSON DuJ~ e.-:sf FROM: CINDY UGLOW '-1 -\,V· SUBJECT: LAKE BOARD RESOLUTION - DRAFT DATE: DECEMBER 3D, 2008

I i t- Attached is the draft for City of Novi's Lake Board Resolution for discussion and possible ~ consideration during the special City Council meeting scheduled for Monday, January 12. L, j To assist the process, comments/questions in advance are welcome.

I have notified both Greg Izsler and Tom Harvey that they will have 10 minutes each to state their positions at the above meeting with audience comments to follow for 3 minutes each. At this point City Council will discuss possible formation of a Lake Board and the Resolution including editing of same. cc: Pam Anti! Tom Schultz Debbie Aubry .,

STATE OF MICHIGAN

COUNTY OF OAKLAl'ID

CITY OF NOVI

A RESOLUTION TO ESTABLISH A LAKE BOARD IN ACCORDANCE WITH PART 309~ INLAND LAI(E IMPROVEMENTS, OF THENATVRAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT

RESOLUTION NO: _

RECITALS:

WHEREAS, Walled Lake is a public inland lake located in the City of Novi and the City of Walled Lake in Oakland County, Michigan; and

WHEREAS, Walled Lake is a valuable natural resource that provides swimming, boating, fishing, and other recreational opportunities to area residents; and

WHEREAS, nuisance growth of aquatic plants is inhibiting recreational use and enjoyment of Walled Lake; and

WHEREAS, the establishment ofa lake board for Walled Lake pursuant to Part 309, Inland Lake Improvements, ofthe Natural Resources and Environmental Protection Act, PA 451 of 1994, as amended (hereinafter referred to as Part 309), is essential to the effective management ofWalled Lake;

WHEREAS, according to a petition submitted to the City, a majority ofeffected property owners are in favor ofcreation ofa Lake Board; and

WHEREAS', a public infonnational meeting co'ncerning the formation of a Lake Board and the potential resulting assessments on effected property owners has been held in the City ofNovi.

WHEREAS, the City notified affected properly owners of the aforementioned public informational meeting by direct mailing and publication.

NOW, THEREFORE, under the authority ofand subject to the provisions ofPart 309,

IT IS HEREBY RESOLVED:

1. The City ofNovi does hereby create a lake board for Walled Lake upon its own motion pursuant to Section 30902 ofPart 309, for the purpose ofcontrolling-the nuisance growth ofinvasive aquatic plants in Walled Lake. 2. The Walled Lake Improvement Board shall initiate proceedings in accordance with Part 309 to implement a program to control nuisance growth of invasive aquatic plants in Walled Lake.

3. The Walled Lake Improvement Board shall determine the scope ofthe project to control nuisance growth of invasive aquatic plants in Walled Lake and shall establish a special assessment district, including within the special assessment district all parcels of land which will be benefited by the project.

4. Pursuant to Section 30903 ofPart 309, the Walled Lake Improvement Board shall consist ofthe following:

a) A member ofthe Oakland County Board of Commissioners appointed by the chairperson ofthe county board ofcommissioners;

b) A representative ofthe City ofNovi;

c) A representative ofthe City ofWalled Lake;

d) The Oakland County Water Resources Commissioner or his designee;

e) A member elected by the members ofthe lake board at the first meeting of the lake board. Only a person who has an interest in a land contract or a record interest in the title to land that abuts Walled Lake is eligible to be elected to serve in this capacity.

5. That the City ofNovi shall hold a public hearing no later than the first available date after January 1,2014 on the proposed dissolution ofthe Walled Lake Improvement Board as set forth in MCL §324.30929(a).

AYES: NAYS: ABSTENTION: ABSENT: CERTIFICATION

It is hereby certified that the foregoing Resolution was adopted by the Novi City Council, Oakland County, Michigan, at a meeting duly called and held on the __ day of _ 2008.

CITY OF NOVI

BY:_:-:;-__=------:-c_=-~ Maryanne Cornelius, Clerk 2 M:EMORANDUM

30903 NonhweslcOl Highw3)' P.O. Box 3040 f'anningtoll Hills. MI483:l3 30~O Tel; 248·851-9500 fnx: 248:851.215& www.sccrcsl"wfli·dlc.COlll TO: CindY Uglow

FROM: Mark Roberts MllrkS,'Rllbi:rlS Direct: 248,539.2815 [email protected] DATE: December 191 2008

RE: Walled Lake Lake Board Issues . '\))..', i~c..r..>~.A ,1-- ',Ii,'. d':X~J:f':" FileNo. 55142 NOV Jy~f.JV"' r ~ ~pccial mco~g MO~::: The t-TO::;itYcouncil has ,chedUI:da for 2009 to discuss a request by l'esidents and others to form a lake board for Walled Lake. The purpose ofthis memQrandum is to provide some background on Jake boards and to address some ofthe concerns and questions that have been raised on the issue over the last couple of months. The format notes the questions or arguments poscd and thell gives the City's response.

ISSlTE NO.1. SUFFICIENCY OF THE LAKE BOARD PETITION

A. 1.s the Petition Language Appropriate 01' Sufficient? Concern: The petition improperly suggested to the residents that the lake board wOlHd be restricted upon formation to addressing only «nuisance growth;} oflake plants but there is no authority to create a lake board that would be so i·estl"icted. Additionally, the petition suggested to the residents that the lake board projects wQuldspecifically target invasive, exotic species but there is no reason to believe that the concern is limited to the single invasive species and not one ofthe seven native species.

B. AI'e the Petition Signatures Sufficient? CQnccrn~ The submitted petition do~s not represent more than 50% of the lakefront property owners. Additionally, the 12 back lot signatures ol'lthe petition represent only about 10% ofthe back lot properties. Finally, the entire process has ignored theindusion of back lot property ovvners.

Response:

Walled Lakc} asa public access lake, does JtOtrequil'ea petition signed by two thirds of the freeholders ofproperty abutting the lake as required for fom1ation of Memorandum December 19,2008 Pagel

a lake board Oil a private lake. A lake board may be formed on a public acccss lake by action of the City without a petitioll. W1lile the Lake Area Homeowners Association attempted to gauge the level of interest in a lake board by requcsting a petition, the requested petition was for informational purposes only. Therefore, even if tihe petition itself was tedmicaUy defective for ptlrposes of fornmtion by petition, or some signatures contained in the petition are questioned for one reason or another, the petition Itself has no legal effect in any event, and the Clly would retain the authority to go forward despite such alleged flaws. The City Council can consider the alleged defects in the petition process as a gauge on the level of interest to form a lake board, but it has the authority to establish a lake board even without any petition whatsoever. (It should be noted that the informational petition is similar to Ihe way the City often proceeds in forming a special assessment distriet)

ISSUE NO.2. THE BENEFIT OF FORMING A LAKE BOARD

Should the Two Cities Just Do the Needed Improvements '? Concern: The Cities of Walled Lake and Novi should not fi)rm another govemmental agency with undetlned authority to make lmj.lrovemet1!s to Walled Lake but should undeltake the improvements at the City level.

Resr()n~:

While it is Ime the two cities may have authority to make some improvements to Wailed Lake, these improvements would probably be made pursuant to a special assessment district formed in a manner similar 10 the lake board assessments. However, because Walled Lake is in two cities, the ability to equitably distribute the expense of lake improvements is hampercd. By establishing a lake board, a single agency is established to provide a process and llieails to address proposed projects for the entire lake. Both cities have input il1lo any propo~d project and the OWilel·S of property abutting the lake have direct representation on the board, silll'e their r

Additionally, the lake board process requires a complete engineering study ofthe entire lake to evaluate its present condition and potential concerns. While there is an initial expense with this report, it establishes a baseline to evaluate potential improvement projects. TIlis tool will be available to the lake board but no such study would be required if the projects are undertaken by the city governments (although some form ofstudy would likely be used).

The lake board procedures allow additional control over potential Jake board projects and input regarding proposed projects is limited to Ihose property owners Memorandum December 19, 2008 Page 3 on the lake or possibly with lake access, Thus, the community at large has no input into potential projects which the lakefront properly owners would likely bear the majority ofthe expense ifthe project is pursued,

ISSUE NO.3. THE SCOPE. OF PRO.JECTS TO BE UNDERTAKEN BY THE LAKE BOARD IS UNRESTRICTED

Can tlIe Scope of tile Lake Board's Activities be Limited" Conccrtl: Although tlIe lake board is being considered as a method for colllrolling aquatic plants, it has been said that the City cannot limit the authority ofthe lake board,

Response:

The cities' legal counsel has provided an opinion that the city lllay not absolutely limit the authorit), of the lake bomd in the resolution to establish the bom'd,. This does no: mean, however, that the lake board authority is unlimited, The lake board authority is provided by statute (attached) and is limited to projects for the protection ofthe public health, welfare. and safety and the conservation ofnatural resources of this state, or to preserve property values al'Ound Walled Lake, The lake board may provide for the improvement of Walled Lake, or adjacent wetlands, and Illay take steps necessary to remove 01' properly dispose of undesirable accumulated materials from the bottom of the lake or wetland by dredging, ditching, digging, or other related work.

The 1l1kc board's authority to undertake these projects is further l.imited by the permit requirements under the Michiglll1 Department of Environmental Quality. The lake board is not exempt from these permit requirements and must apply for and obtain permits before cOlllmencing any work desired. Fmihermore, the lake hoard has a homeowner representative sitting 011 the board as wel.l as repl'esentatives from both the City of Walled Lake alld the City of Novi. Any project oonsidered requires a public heal'ing pl'ior to determining to proceed with a project at which time input from the most affected property owners, those included in the lake board district, will he considcl'ed.

Finally, improvements to the lake are further limited by the engineering study whi.ch provides an cxpeli analysis of the lake and recommends potential projects, Thus, the level ofcontrol over lake board action is multi-layered and provides for greater input by the property owners most affected by the proposed impl'OVemellts.

ISSUE NO.4. THE LAKE AREA HOMEOWNERS ASSOCIATION (LAHA) DOES NOT REPRESENT THE MAJORITY OF LAKEFRONT PROPERTY OWNERS ON WALLED LAKE Memorandum December 19, 2008 Page 4

What is the Status or Relevance of the Luke Area. Homeowners Association? Concern: Concern has been raiscd over the influence of the organization referred to as LAHA as it might not actually represent the majority ofproperty owners 011 Walled Lake. Its input, therefore, should not be considered to reflect the majority view dthe propelty owners on Walled Lake.

Response;

While the organization known as LARA was an carly proponent ofthe lake hoard formation, as lJoled above, the lake board may be formed by the Cliy on its owrl. LArIA, therefore, has had no formal role in the actual lake board consideration by the City. 'Illis organization has been consulted form time to time as it has been the only organization that has approached the Cily. If there is anuther organization representing a 114'\iority ufthe lakefront property owners t!lat should be consulted, this organization should come forwarct

The only [bemal role of all organization composed of and representing the majority oflakefront properly owners on Wal.led Lake i.n the lllke bOllrd process is to submit three names 10 the lake hoard for consideration as the homeowner representative on the lake board. IfLAHA intends to submit three names 10 the lake boa!rd for consideration for the homeownCI representative position, it will be necessary for it to demonstrate that it is an mganizatioll that meets Ihe slatutory requirements. (See Section 30903.) If the lake board receives proposed candidates for the position ofhomeowner representalive to the lake board [t'Om a qualifying organization, it must select One of the candidates for this position. If the lake board does not receive a !lst of t!lIc.e eandidates from a qualifying organization, however, the lake board may select any person who has an intcrest in a land contract or a rceord interest in the title 10 a piece or parcel of land t!lat abuts Walled Lake for the position of homeowner representative on the lake board.

ISSUE NO.5. I{ESOLUTION LANGUAGE RELATING TO TIlE AUTHORITY TO THE LAKE BOARD?

Should the City's Resolution State Some Limitations on the Cit)"s Intent in Forming the Board? Concern: Ifthe Cily determines to establish a lake board, its resolution should limit the lake board's duration and authority as muc!l as possible.

Response:

As noted above, it is the opinion of legal counsel that the lake board's authority is limited lJy statute and may lIot be limited by the City resolution to establish the lake board. The resolution, however, ean certainly specify (e.g., in a preamble) MemormJdum December 19,2008 PageS

the reason a lake board is being formed (to control aquatic weeds on Watled Lake) and will th.us eXpress the intent behind the lake board formation as a reference. Additionally, the resolution to establish the lake board is at this point intended to include the scheduling ofa hearing date to consider dissolution of the lal(e board following a five-year period (see Issue jf 8). Given the City's expression of intent regardillg the projects to be undertaken by the lake board, the controls placed upon lake board authority by statute and by homeowner representation on the Board, and thc prescheduled dissolution hearing, the resolution will influence lake board actions taken under the statutory aothority.

ISSUE NO.6. INCLUSION OF SHAWOOD LAKE

Should Shawood Lake be Included in the IAlke Board? Concern: Shawood Lake and Walled Lake share a common control structure and the waters from Shawood Lake flow into Walled Lake, therefore, Shawood Lake should be considered a paft ofWalled Lake lake board.

Response:

Walled Lake and Shawood Lake are two disttl1ct lakes and cannot be combined for purposes of the lake board. While sharing some characteristics, each lake should be considercd on its own specific characteristics. The engineering study required by the lake board process will evaluate Walled Lake only, and make specific recommendations regarding possible improvements that may be undertaken. A separate lake board may be established to govern Shawood Lake.

ISSUE NO.7. ASSESSMENT OF PUBLIC PROPERTIES

Should the Public Properties Fronting the Lake be Assessed? Concern: The cities own propelties abutting Walled Lake. Will these propetties be included in the aSSessment?

Response:.

Section ~;0921 ofthe Inland Lake Improvement Act provides as follows:

Section 30921. The governing body ofany department ofthe st!ltc or any of its political subdivisions, municipalities, school districts, townships, or counties, whose lands are exempt by law, lIlay by resolutioJt agree to pay the speeial assessments against the lands, in which ease the assessment, including allihe installments of the assessment, shall be a valid claim against the loeal unit of goveOlment (Emphasis added.) Memmandum December 19, 2008 !'age 6

The question is a po.l!cy question for the two cities to address and decide.

ISSUE NO.8, DISSOLUTION OF THE LAKE BOARD'! elm the Lake Bulll'd be Dissolved? Concern: If the lake board is formed, it will continue in perpetuity.

Response:

Section 30929 ofthe Inland Lake Improvement Act provides for !he dissolution of the lake board, A petition of two-thirds of the freeholders owing land abutting Walled Lake may petitioll for the dissolution ofthe lake board, or, the cities may hold their own. public hearing to consider the dissolution of the lake board, if formed, As eadier noted, the City of Novi resolution to form the lake bOllrd fi.uther lit this point provides a date five yClU'S from the formation to consider dissolution ofthe lake board. While !lIe dissolution may be considered earlier if II petition is submitted to the city by two-thirds of the freeholders owning land abutting Walled Lake, it will at the very' least be considered in five yeal'S. If dissolved, all outstanding indebtedness and expenses of the lake board must be paid in fulL

ISSUE NO.9. ASSESSMENT PROCESS

What is the Assessment Process? Concern: The process is unclear, or unfair.

Once formed, the lake board decides at the outset scope of the projeet(s) for the improvement of the lake. This includes a teutati.ve determination of a special assessment district to fund the proposed improvement project. Onee the proposed project is determined, the lake board requests proposals from qualil'lcd professional engineering firms to prepare the engineering study for the project The lake board then schedules another meeting to consider the proposals and select an engineer.

Once the engineering firm is selected, the lake board must wait for their rep0l1 to be presented by the finn, A copy ofthe Engineering Reporl is furnished to each member ·of the lake board. Within sixt;, (60) days after the receipt of the reports, the chair ofthe lake board holds II meeting to review the rcports and determinc thc practicability ofthc project. This is a public hearing and notice must be pUblished tv,~ee in a newspaper ofgeneral circulation in c",ch local unit ofgovernment to be eJfected (the City of Novi and the City of Walled Lake). TIle first publication must be at least 2(} days prior to the time oftile hearing,

At this hearing, the lake board considers public comment on the proposed project and makes its final determination of practicability withill ten (l0) days after the Memorandum December 19,2008 Page 7

hearing. The determination of the hearing that more information is needed may delay the ten-day period until the information requested is received. Once the additional information is received, the lake board must immediately make its determination on practicability,

The resolution determining practicability must be published once in a newspaper of genel',al circulation in each local mut of govel'mnent effected. The resolution should also direct the local assessors to prepare a proposed assessment roll for the funding {:if the project. \Vhen the proposed assessment roll has been completed, eBch assessing official certifies that the roll has been made pursuant to the resolutic,n of the lake board lind that ill making the assessment roll he or she has, lIccording to the his or her best judgment, conformed in all respects to the direction contained in the resolutio11 and the statutes ofthe state.

Once the assessment roB has been repo.ned to the lake board by the assessing officials for the local units of government and filed in the office of the Clerk of each local unit of govemment, the lake board appoints a date and time when it wi.!! meet lind rev)"w 1.11'.' assessment roll and l1\'M ~ny ol:>j"(;tiot1. to the assessment roll.

Notice ofthe public hearing is published twice prior to the heating in a newspaper of general circulation in cach focal ullit of govemmelll effected, (he first publicati.on to be at least ten days before the ilearing. The proposed rolls must also be ;1'iIed for public review in the City Clerk's office for eaeh loeal unit of government. Notice ofthe public hcaring on the proposed assessment roll must also be given to each owner of or pany in interest in property to bc assessed whose name appears on the last local tax assessment records by mailing by first class mail addressed to that owner or party at the address shown on the tax records at least ten days before the date of the hearing. The notice ofthe hearing must incl.ude a statement that appearance and protests at the hearing in the spccial assessment proceedings is required in order to appeal thc amount of the special assessment to the state Tax Tribunal and must further describe the manner in which an appearance and protest must be madc.

FoHowing the close of the public headng, (which may be adjourned (1"01ll time to time without further notice), the lake board may confirm the special assessment roll as reported to it or as amended or corrected by it or may refer back to the assessing officials for revIsion, or may annul it and direct a ncw roll to be made. Aft.er the special assessment roll has been confirmed, the Clerk of each local unit of government shall endorse on the assessment roll the date of the confirmation. After confirmation, the special assessment roll and all assessmcnts corltained therein shaH be final and conclusive unless attached in a court (If competent jurisdiction within 3() days ancr Ilotice of conn rmation has been published lil the same manner as the notice ofhearing. Memoralldllm December 19,2008 Page 8

Upon COnfilll111tion of the assessment roll, the lake board should establish a due date for the first installment under the special assessment. The lake board should also provide for the assessments being made 01ler a period oflime, typically, once annual payments spread over Ii ve years.

Also when the special assessment roll is confirmed, the lake board direcls lhe assessmxmts made on the roll to he collecled. The City Clerks for both Walled Lake alld Novi shall thell deliver to their respective Treasurers the special assessment roll with their warrant attached commanding the Treasurer to collcct the assessmcnts in the roll in accordance with the directions of the lake board. This warrant must further require the Treasurers on the September I st, following the date when any assessmem or any part of an assessmcnt has become duo, to submit to the lake board a SWorn statement setting forth the names of delinquent persons, if known, a description of tbe parcels of land UpOil which there are delinqu~nl assessment, and the amount of the delinqnency, including accrued interest and penalties compilted. to September! ofthe year.

Upon re,~cipt ofthe special assessment roll warrant, the Treasurer shaH coHeet the alllounts assessed as they become due. Iftbe 'freasurer reports any delinquencies, the lake board shall certify the delinquen.cies to the assessing officials to each local unit ofgovernment, who shall reassess on the anl1ual tax roll ofthe local unit of gove,nment of that year ion a column headed, "Special Assessments" the delinquent sum, with interest and penalties, to September 1 of that year and an additional penalty of 6% of the total amount. The delinquencies are then collected according to the statutes relating to taxes and each local unit of government.

I" i CityOf"] .~ '~~~=-l_.C._~t~.1.v.70.i ~_" _.~._a.a 6:~_._2 ~~"~2ta3-'!79():jl , . ,. Parameter o~...5f6... 1.... ,~.,.~~.e--...... Ik.I.. ..9,....i_ ! Wailed lake frontaSf1(leJlL.__",__ • • .","_ i"Waiied lake frontag"'.lmilesl 3.33 1.18 i 4"21J Freeholder Pro~t~ Owners Abultlnfl Walledlake 392 178 r-- 570 i '$_9._12_2~1:IOtE:?_.O_S_7.82QJ Value of Pn?perties At>umng Walled Lakeo $25.965.680_

cc. Rob Hayes, City Engincer Pamela Antil, Assistant City Manager Glelln Lelmuon, City Assessor Thomas Schultz, City AHorney Frequently Asked Questions from Oakland County's Web Site

What is a normal lake level?

Part 307 defines a normal level as "...the level or levels of the water of an inland lake that provide the most benefit to the public; that best protect the pUblic health, safety and welfare; that best preserve the natural resources of the state; and that best preserve and protect the value of the property around the lake." The normal level is not defined as the highest level attainable for a lake. A feasibilitystudy.lsconducted to determine the normal level. A sample of the items the study takes into account .are: Historical lake levels and seasonal fluctuations, location ofseptic tanks, sea walls, docks and other physical features, downstream impacts, fisheries and wildlife habitat protection and watershed hydrology.

What lakes have a normal level?

The following lakes have a legally established normal level. This means there is a court order stating the normal level ofthelake and designating theWater Resources Commissioner as the delegated authority to maintain the level.

Bevins Orchard Big Cedar Island Bunny Run Cedar Bush Cemetery & Dollar Cass Clear Commerce Otter Crystal Oxbow Dawson Pontiac Mill Pond Schoolhouse Duck Scott Fox Silver Greens Squaw Huff Syivan Indianwood Tan Lakeville Tipsico Lester Union Long (Commerce) Upper Silver Long (Oxford) Upper Straits Loon Van Norman Lotus Walled & Shawood Louise Watkins Lower Straits Waumegah Maceday White Mickelson Williams Middle Straits WoodhUll Mowhawk Wormer Oakland

How Is a normal level established?

A petition signed by 2/3 afthe lakefront property owners (land actually abutting the lake, not backlot owners) must be submitted to the County Board of Commissioners. The Board will initiate action to determine the normal level of the lake. Usually this action is the preparation of a preliminary feasibility study by a licensed professional engineer. The Board may require a cash payment from the petitioners to cover the cost of the study or $10,000.00, whichever is less.

Why doesn't the Water Resources Commissioner maintain my lake?

Not every lake in Oakland County has a legally established normal lake level. The Water Resources Commissioner only has jurisdiction when a normal level has been established by the court.

What is a lake level control structure?

A control controi structure is an artificial barrier used to reguiate the level of the lake. The structure can be a dam, a weir, a pipe or any other such type barrier. The level of a iake can also be controlled by using an augmentation well or pump to put additional water into a lake or a pump can he used to lower a iake level.

Who pays for the lake level operation and maintenance?

A special assessment district is established by the Circuit Court for each lake level control structure. The property owners who benefit from the lake levei are assessed for the cost of constructing, operating and maintaining the structure. These property owners may be lakefront owners or backlot property owners with lake access.

What does the lake level technician do?

There are two lake level technicians and each is assigned particular lakes to monitor. Their duties are year-round and they are on call 24-hours a day to respond to emergency conditions. The level of each lake is regulated by making adjustments to the structures as weather conditions dictate. Lake water level readl!lIDi are recorded by the Technicians. Every effort is made to maintain the established normal level. Graphs of the recorded water level readings for each lake level control structure are available from the Oakland County Water Resources Commissioner's Office. The Technicians pelform routine inspections and indicate the maintenance needs of each structure. Regular inspection ensures that the structures are in good operating condition and also permits scheduled maintenance and repairs. The Technicians also operate the augmentation wells as needed.

Our lake wants a normal level, how do we get started?

You may contact the Water Resources Commissioner's Office at 248-B58-0958 or by email at lakeleveJ.@oakgoY.,,J:.Qill to obtain an information packet. The State.~s_lNebsite also prOVides valuable information about lake management. Follow the links for Environmental Programs, Geological Land Management, Dam Safety. printDocument Page I of J5

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT) Act 451 of1994 Part 309 INLAND LAKE IMPROVEMENTS

324.30901 Definitions.

Sec. 30901.

As used in this part:

(a) "Benefit" or "benefits" means advantages resulting from a project to public corporations, the inhabitants ofpublic corporations, the inhabitants oftbis state, and pl'opel'ty within public corporations. Be:nefit includes benefits that l'esult from elimination ofpollution and elimination offlotld damage, elimination ofwater conditionslhatjeopardize the public health orsafety; increase ofthe value or use of lands and property arising from improving a lake or lakes as a result ofthe lake project und the improvement or.dcvclopment ofa lake for conservation offish and wildlife and the use, improvement, or development ofa lake for fishing, wildlife, bMting, swimming, or any other rccreadonal, agricultural, or conservation uses.

(b) "Inland .lakc"means a public inland lake ora private inland lake.

(c) "Interested person" meallsajlerson who has a record interest in the title to, right ofingl'ess to, or reversionary right to a piece or parcel ofland that would be affected by a jlenn~nent. change in the bottomland ofa natural 01' anifiCial, public or private inland lake, or adjacent wetland. In aU cases, whether having such an i.nterest or not, the department is aninter.ested person.

(d) "Local govel11ing body" means the legislative body ofa local unit ofgovernment.

(e) "Preliminary costs" includes costs ofthe engineering feasibility r.eport, economic study, estimate of total cost, and costofsetting up the .assessment district.

(t) "Private inland Jake" means an inland lake other thana public inland lake.

(g)"Public inlaod lake" means a lake that is accessible to the public by publicly owned la)lds or high\vays COlitiguous to publicly owlled lands or by the bed ofa stream, except the Great Lakes and cOlUlecting waters.

History: Add. t995, Act 59. Imd. Eff. May 24, 1995 Poputar Name: Act45.1 Popular Name:. NREPA

324.30902 Petition for iluprovement oflake or wetland; Jocal governing bodies'powers; Jake boards.

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Sec. 30902.

(1) The local governing body of,my local unit ofgovernment in whichlhe whole or any part ofthe waters of,my pllbli.c inland lake is situated, IJpon its own motion or by petition of2/3 ofthe fi-eeholders owning lands abutting the lakc, for the protcction ofthe public health, 'welfare, and safety llnd the conservation ofthe natllral resources ofthis state, or to preserve p:operly values Mound a lake, may provide for the improvement ofa lake, or adjacent wetl~nd, and may take steps necessary to remove and properly dispose ofulldesirable accumulated matcrials from the bollom ofthe lake or wetland by d!'edging, ditching, digging, or otlle!' related work,

(2) Upon receipt oftha petition or t1pcn its own motion; the Jocal governing body within 60 days shall set up a lake board as provided in section 30903 that shall proceed with the nccessary steps for impl'Oving the lake Ol'to void the proposed ptojecl. flist<>l-y: Add, 1995, Ac:59, lllla. Efe May 24, 1995 POjllllal' Name: Act 451 Popular N@me: NltErA

324.309031.ake board; composili.oll; eJection of chairperson, trMsurer, and secretary; (JMrum, CllllCllrnmcc or majority required; technical data; recommendations.

Sec. 30903.

(I) The Jake board shaH cOllsist ofall ofthe following:

(a) A member ofthe county board ofcommissioners appointed by tbe c!lah1)erSOll ofthe county boaI'd of commissioners ofeach connty affected by thc lake impmvell1ent p:roject; J represelltlltlve ofeach local unit ofgovernment, other than a COUllty, affected by the projecl, or, inhere is Oii!y I slIeh loeld unit of government, 2 representatives ofthaI local. unit ofgovernment, appointed by the legislative body ofthe local unit ofgovernment; Md the cOtlilty drain commiSS«ll1el' or his or her designee, or a member oflhe county road commission ill counties not having a drain commissioner.

(b) A member elected by the membe!'s ofthe lake board serving plnsuant to subdivision (a) at the first meeting ofthe board or at allY time a vacancy exists ullder this suhdivisiol1. Only a person who bas an interest in a land contract or a record interest in the title to a piece or parcel of land Ihat abuts the lake to be improved is eligible to be elected and 10 serve under this sulJdivision. An organization composad of and rep!'esenting the majority oflakefront properly oWllen; Oil the affected lake may su1;lmit up to 3 names to the board, from which the board shaH make its sdcction. The terms served by this member shaH be 4 years ill length,

(2) The lake board shall electl1 chairperson, treasurer, and secretary. The secretary shall attend meetings ofthe lake board lind shall keep a reeord ofthe proceedings and perf01111 other duties delegated by the lake board. A majority oftbe members oftlle .lake board eonstitlltes a quorum, The eOi'ICUrrellce ofa majority in any malter within the dUlies ofthe board is required for the determinati.oJl ofa matter.

(3) The deparlment upon requesl ofthe lake board, shall provide whatever tecJlIliC!11 dala it has available htlrd/www.legislal.ure,mi,f(o\l/(SfagawuyI3bstwqlnhxlky4555»/printDoeumenl.aspx?()b.l... 1212312008 printDocument Page 3 of 15

and make recommendations in the intcrests ofconservation.

History: Add. 1995, Act 59. Imd. Eff. May 24.1995 ;-- Am. 2004, Act 522. Etl'. Mar. 1,2005 Popular Name. Act 451 Popula,' Name: NREPA

324,30904 Initiation of ~ction by freeholders.

Sec. 30904.

Action may be initiated under section 30902 relating to any private inland lake only upon petition of2/3 ofthe freeholders owning lands abut1ing the lake.

History: Add. 1995, Act 59, Tmd. Eft: May 24, J995 POI,ul.r Name: Act 45 J Popular Name: NREPA

324.30905 Preliminary costs; revolving funds; assessments.

Sec. 30905.

The county board ofcommissioners may provide for a revolving fund to pay for the preliminary costs of improvement projeets within the county. The preliminary costs shall be assessed to the property owners in the assessment district by the lake board after notice of the hearing is given pursuant to Aet No. l62 ofthe Public Acts of 1962, being sections 21 1.741 to 21 1.746 ofthe Michigan Compiled Laws, and shall be repaid to the fund where the project is not finally eonstructed.

History: Add. 1995, Act 59, Imd. EIT. May 24,1995 Popular Name: Act 45 t Popular Name: NREPA

324,30906 Institution of proceedings for I~ke improvement; conflicts with local ordinances and charters.

Sec. 30906.

(I) Whenever a local governing body, in accordance with section 30902, considers it expedient to have a lake improved, it, by resolution, shall direct the lake board to institute proceedings as prescribed in this huo:llwvlw.legislature.mi.govI(S(aga\vu vf5bstwq lnhx1lev4555))/printDocument.aspx?obi .. , 12/23/2008 printDoeument Page 4 of 15 parl.

(2) When the waters ofany inland Jake are situated ill 2 or more local. nnits of government, the Improvement ofthe Jake may be determined jointly ill the same manner ,1S provided in this patt, ifthe local governing bodies ofall local units ofgovernment involved detenninc it to be expedient in accordance with section 30902 and, by resolution, direct the lake board to institute proceedings as prescribed in this part. \Vllere local ordinances and charters conflict, this part shall govem.

Hi'tory: Add. 1995, Act 59, Imt. Efr. May 24, 1995 Popular Name: Act 451 Poplliar Name: NREpA

324,30901 Lake improvement; initiation by dellartment,

Sec. 30901.

Ifthc department considers it expedient, in accordance with scetl0R130902, to have a lake dredged or improved, the department may petition the local governing body or governing bodies in which the .Iake is located rOt an. Jmprtlvemel1t ortb/: lake. The departmeIl! lila)' also jOlJl with tM lOCal gOV(:j1il!ig heldy of any local unit ofgovernment in instituting proceedings for improvements as set f0l1h in this pa!1.

History: Add. 1995, Act 59, fmd. Eft: May 24, 1995 PopUlar Name: Act451 P

@2007 Legislmive Council, SlllIe ofMichigan

324,30908 Lake board; deler'milllltioll ofscope of project; cstablishment ofsilecialllssessment distdcts,lllinisterial dutics.

Sec. 30908.

The lake board, when instmeted by resolution ofthe loelll governing body, shall determine the scope of the project and shall establish a special assesSmelil district, including within the specialasse.ssment dis(riclllU parcels ofland lind local units which will be benefited hy the improvement ofthe la.ke. The local goveming body may delegate to the lake board other ministerial duties including preparation, assembling, and l~l)l1lptllation ofstati,iical d

Hi'lory: Add. 1995, AC159,lmd. Bfj' M.y 24, 1995 Popul"r Nnme: A~t 451 PopUloI' Name: NREpA

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324.30909 Engin~ring ami eeol1

See. 3090<;>.

(1) The lake board shall retain a licensed professional engineer to prepare an engineering feasibility report, an eC(.>nomic sltldy report, and an estimate ofcost. The repOrl shall include, when applicable, recommendations for nOl1nallake levels and tbe methods for mairJaining those levels.

(2) The engineering feasibility rep0l1 shall include the methods proposed 10 implement the recommended impmVe111el1Is, sueh as dredging, remoWd, disposal, and disposal lweas for undesirable malerials from the lake. The report shall include an investigation ofthe groundwater conditiolls and possible effects on lake levels from removal ofbottom materials. A study ofexisting nutrients and an estimate ofpossible future conditions shall be induded. Estimate ofcosts ofright-of-way shall be included.

(3) The estimate ofcost prcpm'Cd under subsection (l) shall show probable assessments for the project. The economic repo11 shall analyze the existing local tax stnlclllre and tile effects ofthe proposed assessments on the loc-aJ units ofgovernment involved. A copy ofthe report shall be fUl1lishcd to eaeh memher ofthe lake bom·d.

History: Add. 1995, Act 59, Imd. Eft'. May 24. 1995 Popular Name: AC1451 Poptilm' Name: NREPA

324.30910 Review of reports by board; determinations ofpracticability; pnblicbearings; notice; determination.

Sec. 30910.

Within 60 days after his or her receipt ofthe reports, the chairperson shall hold a meeting of the Jake board to review the repOlls required under section 30909 and to determinc thc practicability ofthc projeel. The hearing shall be p\lblle, and notice ofthe hearing shall be published twice in a ncwspllper of general circulation in each local unit ofgovernment to be affected. The first publication shall he not less than 20 days prior to the time ofthe hearing. The board shall detennine the pnlclicabllity ofthc project within 10 days after the hearing unless it is determined at the hearing that more information is needed before the detel1l1inatiolJ can be made. Immediately UpOll receipt ofthe additional information, the hoard shall make its dctel1l1inatioc

History: Add. 1995. Act 59, lmd Err. May 24, 1995 Popular Name: Atl45 J Popular Name: NREPA

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~) 2007 Legislillive COHllcil" Stale ofMichigll!1

324.30911 County contriblltll>lls tl>wnd Cl>S!S ofimprovemenI.

Sec. 3091 L

The county board ofcommissioners may provide up to 25% ofthe cost ofa lake improvement project on any public inland lake.

HI'tory: Add. 1995, Act 59, lJ\\a. Efe May 24, 1995 PQI),'I~l" NatllC: ACl451 Popular Name: NREPA

@ 2007 Legislattve Councn l State ofMicbigan

324.30912 A\lprOval of plans and cost cstimatcs; sufficiency ofpetititlll: resolution; ptlbIiCll!ioll; assessment roll.

Sec. 3091.2.

Ifthc lake board pllsses a resolulion in which it determines the project to be practicable, the lake board shall determine to proceed with the project, shall approve the plans and estimatc ofcosts as originally presented or as revised, corrected, amendcd, or changed, and shall detennine the sufficiency ofthe pctition for the improvement. Thc resolution shall be publishcd ol1ce in a newspaper ofgeneral circulation in each local unit ofgovernment to be affected. After the resolution hI,s bcen published, the sutr/ciency ofthe petitlon shall not be subjcet ({) attack except in an actiOl1 brought in a court of competent jurisdictlol1 within 30 days after pubti.cation. The lake board, after finally accepting the special assessmcnt dislrtct, shall preparc an (ISSessmcnt roll based upon the bcnefits to be derivcd from the proposed lake improvement, and the lake board shall direct the assessing official ofeach .Iocal unit 01 govC'rlu)1cnt to be affected to join in making an assessment roll in which shall bc entered and described all the pm'cels ofland I" be assesscd, wilh the munes ofthe respectivc owners ofthe parcels oflaud, if known, aJld the total amoLlnt to be assessed against each parcel ofland and against each local unit of govemment to be affected, which amounl shall be such relative portion of tim whole SUlu to be levied against all parcels ofland and locaillnits ofgovel'l1ment in thc special assessment district a.s the benefit to such parcel. of land and local unit ofgovernment bears to the total bencfit to all parcels ofland lind locaillnits "fgovcrnmellt ill the special assessmClil district. When the assessmcllt 1'011 has been eompleted, each assessing official shall affix to the assessment roll his or her ccrtilicat.., stating that it was made purStl1ll1t to a resolution "I'the Illke hoard adopted on a 1ipccificd dllte, alld that jn making the assessment roll he or she has, according to his or her bestjudgmcnt, conformed in llll rcspects to the directions contained in the resolution and the statutes ofthe statc.

History: Add. 1995, A~t 59, lmd. Eff. M~y 24, 1995 PopltlnT IN~me; lie, 451 Populnr INnmc: NREI'A

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324.30913 Rcport (,fasscsSIllCllt to lake hoard; I'evicw; notice lind hearing; confirmation.

Sec. 30913.

The assessment roll shall be reported to the lake board by the assessing official ofthe local unit or units ofgovernment initiating the proceeding and ti.led in the office of the clerk of each local unit of governmcnlto be affected. Before eonf1rn1ing the assessment roll, the lake board shall appoint a time and place when it wil I meet and review the assessment roll and heal' ony objeci ions to the aSSessment roll, and shall publish notice oflhe hearing and the filing ofthc assessment 1'011 twice prior to the hearing in a newspaper ofgeneral cil'cul.atkm in each local. unit ofgovernmenl to be al1ecled, the ilrst publication to be at least 10 days before the hearing. Noticc ofthc hearing shall aiso be givcn in accordance with Act No. 162 ofthc Public Acts of 1962, being sections 2! 1..•741 to 211.746 ofthe Michigan Compiled Laws. The hearing may be adjourned frOm time to time without further notice. Any person or local unit ofgovemment objecting to the assessment roll shall file his or her objection in writing with the chairperson before the dose ofthe headng or within sueh further time period as the lake board may grant After the hearing, the lake board may confirm the special. aSsessment roll as reported to it or as amended or cOlTectcd by it, may refer it back (0 thc assessing officials for revision, Ol' may annul it and direct a new wllto be made. When a special assessment roll has been conf1l1ned, the clerk ofcach 10caJ un!l ofgovermnent shall endorse on the assessmcnt mil the date of!hc eonn.l111.a!ion. Aftel' confirmation, the special assessment roll and all assessments on the assessment roll shall be final and conclusive unless attllcked in ,) court ofcompelent jurisdiction within 30 days after notice of eOnfil111fllion has been jlublished in the same manner as (he notice ofhearing.

Hislory: Add. 1995. t\c159, lmd. Eft May 24, 1995 Popular NnrtH~: Act 45! Popular N"",.: NREPA

324.30914 Special asscssmcnts; installments; interest; pen:llties.

Sec, 30914.

Upon the contlrmation ofthe assessment roll, the Jake board may pl'ovide that the assessments be payable in I or more approximately equal annual inslalhnenlS, not exceeding 30. The amount ofeach installment, ifmore than 1, need not be extended upollthe special assessment roll until after cOI1.ftlmalitli1. The first installment ofa special assessment shall be due on or before such time after confinnation as the board sball establish, and the several subsequent installments shall be due at intervals of 12 months from the due date ofthe first installment 01' from sueh other date as the board shall establish. Allllnpaid installments, prior to their transfer ((l the tax roll ofeach local unit of government involved, shall bear intcrest, payable. annually on each installmcnt duc date, at a rate to bc set by tbe board, not c:>:eeeding 6% per annUlll, from sueh date ~IS established by the board. Future due installments ofan assessment against a parcel ofland may be paid to the treasurer ofeach local unit of government at any time in full, with interest accrued to the due date ofthe next installment. If any installment ofa special assessment is not paid when due, then it shaU be eonsidered 10 be delinquent and there shall be ooHected on the installment, in addition to interest a, above provided, a penalty at lht: rate htlp://www.legislature.mLgov/(S(agawuyf5bstwqlnhxlky4555»)/printDocul11cnl.$spx?obj... 12/23/2008 printDocumem Page 8 of 15 of 1/2 of 1% for each month or fraction ofa month that it remains unpaid before being reported to the township board for reassessment upon the tax roll.

History: Add. 1995, t\ct 59, Imd. Eff. May 24, 1995 I'opolar Nome: Act 451 Popular Name: NREI'A

324.30915 Special assessments; liens.

Sec. 30915.

All special assessments contained in any special assessment roll, including any part ofthe special assessment payment that is deferred, constitute a lien, from the date ofconfirmation ofthe roll, upon the respective parcels of]and assessed. The lien shall be ofthe same character and effect as the lien created for taxes in each local unit ofgovernment and shall include accmed interest and penalties. A judgment, decree, or any act ofthe board vacating a special assessment does not destroy or impair the lien upon the premises assessed for the amount ofthe assessment as may be equitably charged against the premises, or as by a regular mode of proceeding might be lawfully assessed on the premises.

History: Add. 1995, Act 59, tOld. Eff May 24, 1995 Popular Name: Act 45 ) Popular Name: NREPA

324.30916 Spedal assessments; collections.

See. 30916.

When any special assessment roll is confirmed, the lake board shall direct the assessments made in the roll to be collected. The clerk ofeaeh loeal unit ofgovernment involved shall then deliver to the treasurer ofeach local unit ofgoverrullent the special assessment roll, to which he 01' she shall attaeh his or her warrant commanding the treasurer to eollect the assessments in the roll in aceordanee with the directions ofthe lake board. The wan'ant shall further reqnil'e the treasurer, on September 1 following the date when any assessments or any pmt ofan assessment have beeome due, to submit to the lake board a sworn statement setting fOlth the names ofdelinquent persons, ifknown, a dcscription ofthe parcels ofland upon which there are delinquent assessments, and the amount oithe delinquency, inclnding aecrued interest and penalties computed to Septembel' I ofthe year. Upon receiving the special assessmcnt roll and warrant, the treasnrer shall collect the amounts assessed as they become clue.

HistOl'y: Add. 1995, Act 59, Il11d. 101'1'. May 24,1995 Popular Name: Act 45 1 Populal' Name: NREPA

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(92007 Legislative Council, State ofMichigan

324.30917 Delinquent assessments; reassessment.

Sec. 30917.

Ifthe treasurer repolts as delinquent any assessment or part ofan assessment, the lake board shall certify the delinquency to the assessing official ofeaeh local unit ofgovernment. who shall reassess, on the annual lax roll ofthe local unit ofgovernment ofthat year, in a column headed "special assessments", the delinquent sum, with interest and penalties to September [ oflhat year, and an additional penalty of 6% ofthe total amount. Thereafter, the statutes relating to taxes shall be applicable to the reassessments in each local unit ofgovermnent.

History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 Popular Name: Act 451 Popular Name: NREPA

324.30918 Division of land pllrcels; uncollected assessment apportioned.

Sec. 309[8.

Ifany parcel of land is divided aner a special assessment on the land has been confirmed and before the collection ofthe assessment, the lake board may require the assessment official to apportion the uncollected amounts between the divisions ofthe parcel ofland, and the report of the apportionment when confilmed by the lake board shall be conclusive upon all parties. Ifthe interested parties do not agree in writing to the apportionment, then, before confirmation, notice ofhearing shall be given to all the interested parties, either by personal service or by publication as provided in the case ofan original assessment roll.

History: Add. 1995, Act 59, lmd. Eff. May 24,1995 Popular Name: Act 451 Popular Name: NREPA

324.30919 Additional special assessments.

Sec. 30919.

Ifthe assessments in any special assessment roll prove insufficient for any reason, including the noncollection ofthe assessment, to pay for the improvement for which they were made or to pay the principal and interest on the bonds issued in anticipation ofthe collection of the assessmcnt, then the

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History, Add. 1995, Act 59,lmd, Eft: May 24, 1995 Popul'ar Nume, Aot 451 Pep"l~r Name, NREI'A

324,30?ZO SPCCilllllSSessmcnts; invalidll)' and new assessments,

Sec, 30920,

Whenever, in the opinIon oflhe lake board, any special assessment is invalid by reason ofhTegularilies or informalities in the proceedings, 01' ifany court ofeompelent jurisdiction adjudges such assessment illegal, thc lake board, whether the improvemenl has been made or not and whether any part ofthe assessment has been paid or not,. may proceed li'om the last step at which the proceedings were legal and cause a new assessment to be made for the same purpose for which the [(>nner assessment was made. All proceedings onlhat reassessment and for thc colleetioll ofthe assessmcnt shall be conducted in the same lUanner as provided for the originlll aS3essmenl. Whenever anllssessment or any purt ofan assessment levied upon any premises has been set aside, ifthe asscssment 01' part ofan assessment has been paid and not refunded, the payment shall be applied lIpon the reassessment. l!islery: Add.•995, Acr 59, Imd. Eff. May 24, 1995 P<>f'ular N~me: Act 45 I I'<>l,ula,' Nallle: NREF'A

324.30921 Special assessments; cxclllpliands.

Sec, 30921.

111e governing body ofany department ofthe slate or any ofilS political subdivisions, ll1lmlcipalities, school districts, townships, or counties, whose lands are exempt by'law, may by rcsolution agree to pay the special assessments against the lands, in which case the assessment, Itlcillding all the inslllllmclilS of the assessment, shall be a valid claim against the local unit ofgovemmen!.

History: Add. 1995, Act 59, lind Eft: May 24, 1995 Pop"I,!,. Naill": Act 451 PoplIl~r Name, NREf'A

(~ 2007 Legislative Coundt1 State of Michigan

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324.30922 Borrowing; issuance oflal(e level orders and bonds.

Sec. 30922.

The lake board may bonow money and issue lake level orders or thc bonds oftlle special assessment district in anticipation ofthe collection ofspecial assessments to defray the cost ofany improvement made under this part after the special assessment roll has been confirmed. The bonds or lakc level orders shall not exceed the amount ofthe special assessments in anticipation ofthe collection ofwhich they are issued. Collections on special assessments to the cxtent pledged for tile payment of bonds or lake level orders shall be set aside in a special fund for the payment ofthe bonds or lake level orders. The issuance ofspecial assessments bonds or lake level orders shall be governed by the general laws ofthis state applicable to the issuance ofspecial aSsessmcnts bonds or lake level orders and in accordance with the rcvised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. Bonds or lake lcvcl orders may j)e issued in anticipation ofthc collection ofspecial assessmcnts levicd in respect to 2 or more public improvements, but no special assessment district shall be compelled to pay the obligation ofany other special assessment district. Thc local govel11ing body may pledge the fl111 faith and credit ofa local unit ofgovernment for the prompt payment ofthe principal ofand interest on the bonds or lake level orders as they become due. The pledge offbll faith and credit ofthe local unit ofgovernment shall be included within the totallimitatioll prescribed by the reviseclmunicipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. Bonds and lake level orders issued under this part shall be executed by the chairperson and sccretary ofthe lake board, and the interest COUpO!1S to be attached to the bonds and orders shall be executed by the officials causing their facsimile signatures to be affixed to the bonds and orders.

History: AM. 1995, Act 59, lmd. Eff. May 24, 1995 ;-- Am. 2002, Act 218, lmd. EfT. Apr. 29, 2002 Popular Nom.e: Act 451 Popular Name: NREPA

:l24.3092:l Condemnation; commencement and conduct ofpl·oceedings.

Sec. 30923.

Whenever the lake board determines by propenesoluti.on that it is necessary to condemll private property for the purpose ofthis part, the cendenumtion proceedings shall be commenced and conducted it1 accordance with Act No. 149 ofthe Public Acts of 19 I 1, being sections 213.21 to 213.25 ofthe Michigan Compiled Laws.

History: Add. 1995, Act 59, ln1d. Eff. May 24; 1995 POl)utar Name: Act 451 PoplItar N.me: NREPA

324.30924 Gifts and grants-in-aid; acceptance by lake board; contract 01' agreement.

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Sec. 30924.

(I) The lake board may receive and accept gifts or grants-in-aid for the purpose ofimplementing this parl.

(2) The lake board may contract or make agreement with the federal govemment or any agency ofthe federal govemment whereby the federal government will pay the whole or any Palt ofthe costs ofa project or will perform all or any part ofthe work connected with the project. The contract or agreement may include any specific terms required by act ofcongress or federal regulation as a condition for the participation ofthe federal government.

History; Add. t995, Act 59, Imd. Efr. May 24, 1995 Popular Name; Act 45l Popular Name; NREPA

324.30925 Gifts and grants-in-aid; acceptance by departmcnt.

Sec. 30925.

The depaltment in carrying out the purposes ofthis part may receive and accept, on behalfof the state, gifts and grants-in-aid.

History: Add. 1995, Act 59, lmd. Eff. May 24, 1995 Popular Name: Act 451 Popular Name: NREPA

324.30926 Advertising for bids; letting of contracts; worl, relief project.

Sec. 30926.

(I) Except as provided in subsection (2), the chairperson ofthe lake board shall advertise for bids. A contract shall be Jet to the lowest bidder giving adequate security for the performance ofthe contract, but the lake board shall reserve the right to reject any and all bids.

(2) The Jake board may let a contract with a local, incorporated, nonprofit homeowner association, the membership ofwhich is open on a nondiscriminatory basis to all residents within the geographic area to be assessed or serviced, witllOut advertising for public bids. The homeowner association shall give adequate security for the pertormance ofthe contract.

(3) The local governing body may improve a lake as a work reliefpl'Oject ptll'suant to applicable provisions oflaw.

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HiSlOrj': Add. 1995, Act 59,lm

324.30927 Costs of llrojecis; COlll!H.ltatioll; expcllditl1l'eS; l'ellreScntatiOl1 by lltlOl·ney.

Sec, 30927,

(J) Within I. 0 days afler the letling ofcontracts or, in case of an appeal,. hmnediately after the appeal has been decided, the lake board shall make a computlltion ofthe entire cost ofa project under this part thaI includes all preliminary costs and engincering and inspection costs inculTed and all oflhe following:

(a) The fees and expenses ofspecia'! comrnissioncl's.

(b) The contracts for dredging 01' other work to be done on the project.

(d) The esllmated cost of inscpecti on.

(e) The eost ofpublishing; an notices required.

(t) All eostS ofthc circuit eo~l\'t.

(g) AllY legal expenses incurred in connection with [he projcct, including lirigation expenses, the costs ofany judgments 01' orders entered against tbe lake. board or special assessment district, and allorncy fees.

(h) Fees for any permits required in connection with the project.

(I) Interest on bonds for the first year, ifbonds are to be isstled.

()) Any other costs necessary for the administration of lake board proceedings, inclUding, but not limited to, compenslltion ofthe mel!1bers ofthe lake board, record compilation and retention,. and state, county, o,'!ocal government professional. staff services.

(2) In addition to the amounts computed under subseetion (I), the lake boatd may add not less than 10% or more than 15% oftile gross sum to cover contingent expenses, ineluding additi.onalneeessary hydtologica! studies by the department The sum oftbe amounts eompated under subsection (I) plus thc amount added under this subsection is COnsidered to be the cost ofthe lake iinpr(lVemellt p.'ojeet

(3) A lake board shall not expend money for improvements, services, or ollieI' purposes. ,mless the lake board has adopted all alJJlUal budget

(4) A lake board may retain an attorney to advise the lake board in the proper performance of its duties, The attorney shall represent the lake hoard in aotions brought by ()I' against the lake board, http://vlwwJegislature.mi.gov!(S(agawuyf5bstwqlnJudky4555)!printDocument.aspx'?ohj." 12/23/2008 printDocument Page 14 of 15

History: Add_ 1995, AC159, lmd, Efe M"" 24, 1995 ;•• Am, 2M4, Act 522, lOfe MaL 1,2005 P"flul~,· Name: Act 451 I'opul"r Name: NREPA

{~ 2DIJ7 Legist,,!;,," Council, Stat" ofMicltigan

324.30928 fntenrention hy department.

Sec, 30928.

1Nl1CneVel' a public inland lake is {() be improved, the dep'lltment may intervene for the protection and conservation ofthe natural resources ofthe state.

Hislo,'y: Add. 1995, AC159, lmd. EIT,. May 24, 1995 Popull\!" Name: ACt 451 POl'lllal" Nom.: NREPA

02007 Legislative Council f State ofMichigan

324.30929 Lake board lill' public inland la.ke; dissolutioll.

Sec. 30929.

A lake board fbI' a public inLand lake is dissolved if all of Ihe following requirements are mel:

(a) The governing body ofeaeh !()calul1lt ofgovemmenl in which ,\11 or part ofthe lake is located holds a public hearing on the proposed dissolution, determines that the lake hoard is no longcl' neeessary for the improvement ofthe lake because the reasons for the establishment oftbe lake board 110 longer exisl, and approves the dissolution of the lake board. The governing body ofeaeh local unit ofgovernment in which all or pmt ofthe lake is located may hold the public hearhig on the dissolution ofthe lake board on its own initiative. The govel'lling body ofeaeh local unit ofgoverl1lnenl in wllieh all or part ofthe lake is located shall hold a public hearing on the dissolution ofthe .lake hoard upon petition of2/3 ofthe freeholders owning land abllltil1g the lake. Notiee ofthe public hearing shaH be pubHshed twice in 11 newspaper ofgeneral circulation in eaeh l.oeal unit ofgovernment in whieh all or pal.t oftile lake is located, The first notice shaLl be published not less than 10 days before the date ofthe hearing.

(b) All outstanding indebtedness and expenses oftile lake board are paid in full.

(e) Any excess funds of the lake board are refunded based on the last approved special assessmentl'OlJ. However, ifthe alnount ofexcess flmds is de minimiS, the exeeS$ funds shall be distributed to the local ullits ofgovernment in which all or part ofthe lake is located, appc.rtiol1cd based on the amounL, assessed against eaeh local unit ofgovernment and .Iands in that local unit on the last approved special assessmentl'OlL

(d) The lake, board detelmines that it is no longer neeessary for the improvemeut ofthe Jake, because the [","sons f()f ils esta\1Hshmenl no longer exist, and adopts lln order approving ils dissolution,

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History: Add. 2004, Act 522, Eft: Mar. 1,2005 Popular Name: Ael451 Popular Name: NREPA

Rendered 121231200& 15:57:48 Michigan Compiled Laws Complete Through l'A 304 of2008 ©200&

htto:II'ivww.lcgislalure.mi.gov/(S(agawuyf5bslwq Inhxlky4555))/prinIDocumcnt.as]Jx?obj .. , 12/23/2008 Page I of4

Pearson, Clay

From: [email protected] Sent: Sunday, December 21, 200B 9:39 PM To: Landry, David; Capello, Kim; Galt, Bob; Margolis, Terry; Mutch, Andrew; Crawford, Kathy; Staudt. Dave Cc: [email protected]; jduneske@holmaiLcom; daVe@h!ldddgroup.oom; [email protected]; [email protected];[email protected] Pearson, Clay; Uglow. C,ndy SUbject: Walled lake, Lake Board Resolution··Timel!ne Review & Request for Support

Dear Novi City Council Members,

During the past few City Coune!" meetings, you have heard people expressing support and opposition to the formation ofa lake Improvement Board for Walled Lake, As some of the people who have been working on this project, we would fike to provirle you with additional baCkg.round information, plea for a timely review of the proposal (We are still awaiting a date for consideration from the council}, and urge your support for the formation of a lake board. We appreciate the Ume and atlenlion you are giving to this matter and know Itlat you want to make a rational, informed decision.

This is not the firs! time that an effort has been taken to form a Lake Board, and we trust that we have leamed from Ihat experience. About five years ago, an effort was conducted to form 11 Lake Board. it failed, in large part, bccausc the wording 01 the resolution wa:; very broild. At that time, m"nl' people befiovcd Ih"t the Soard might have too much authority. precisely for Ihat reason, we have worded both the petition and the proposed resolution to state that the sale purpose 01 the Lake Board will be tD control exotic invasive plant groWl11 (ODn·native plant species). The wording of the current petition and the proposed resolution were presented to i:>othlhe Novi and Ihe Walled Lake City Councils for review prior to circulation.

Whal follows is a summary 01 aUf efforts and I1ndings:

- in January of 2008, the Lake Area Homeowners ASs>ociation formed a committee to look into the issue of how to effectively and legally treat Ihe growing prOblem of exotic invasive plant growth in Walled lake. Experts (professional lake consullants) were soflci!ed for their evaluation ofthe situation on Walled Lake. They Identified the most problematic invasive plan! speCies In Walled Lake is Eurasj,lIl Walermilfoil. It$ presence has been documented going back 10 19"9 when a study oftile lake was conducted for the City ofNovi (Stormwater Sediment and Aquatic Plant SlI.idy). The problem has grown increasingly worse since that time.

- This onmmiUee spent a great deal of time looking inlo altema!ives. The two mest perlinen! issues are:

• How 10 raise the money 10 treat the weeds, • How to legally !reat tn e weeds in a systemic fashion (treating the whole lake) rather than multiple piece meal efforts. There needs to be a legal entity with jUrisdiclion ro do so.

The commillee mel with people who conducllake studies and who dD the treatment 01 lakes in the surrounding areas regarding available alternatives. the process; and estimated oosts of treating the weeds.

The altematives boil down to these:

• Have the two City GOllemments take on the project themselves. Representatives from both Walled Lake and the City of Nov! made it clear to the committee tMt fhis was not a viable option. The cities did not have lhe money nor the Inclination to fund the project themselves. • Form" I "k" Imprtlv"mant Board Hnder the Stata of Michigan Statute designed speci/ically for this

1?/TJ!?I1I1R Page:1 oft!

purpose, as has been dOlle for 48 other lakes in Oakland County, If there were a more expedient or cost effective method to treat the lake weeds, we would weloome it There is simply is not Those in opposition to formation of a Lake Board agree thaI the invasive weeds are a problem, yet (over the years) they Mve offered no other viable way of dealing with them,

There are two ways to form a Lake Board--by a vote of the City Council(s) on their own initiative; or by a 2/3 vote of those owning property abutting lhe lake. In preliminary discu$sions with the Mayor of Walled Lake and the Novi City Manager, we proposed the former option whiCh was agreeable to them, but they also wanted a sign of significant homeowner support. It was decided lhat a sign ofsignificant homeowner support would be 51%. Upon submission of the petilions,

Once a Lake Board is formed,. the firsl major taSK is (0 commission a study of the lake to determine the scope ofthe project, the cosl of the project, and make recommendations wIhe Soard regarding Special Assessment District composillon and COst shaling, Thus. there is a dilemma, Until the Lake Board is formed, the stUdy can not be done (unless Ihe Cities chose 10 take it on themselveS) and questions regarding approach and costs remain unanswered, However, the process provides for public heacings on both Ihe scope of the project and on the special assessmenlslhemselves, A summary chart outlining :he process and other additional information will be provided to you as part of your City Council preparalicn materials,

From our discussions with experts who conducllake studies and provide treatment we have projected that a worst case scenario would be a cost to lakefront owners of $180 - $240 per year over the initial project period estimated to be 5 years, This informatiOn was shared with homeowners during the petition drive via a Fact Sheet, talking points reviewed \\lith petiHoners, and the promotiQI1 of the LAHA website. After that initial project period. additlonalli'Jblic healings would be held for a follow-up mainlenance project.

In late August 2008, a peUlon drive was launched,

" The wording ofthe pelftions Was reviewed in advance by the atlorneys for the cities to ensure it was acceptable, The cilles encouraged our group to proceed with the revised wording thai the atlomey recommended< " When we launched the pelilion drive. we held a pUblic meeting for lake residents that was announced via neighborhood signs, email, and an update On our website • We also armed all olihe pelllioners with an FAQ sheet and a copy of the actual Resolution wording, " We kept our pubiic-facing website updaled with all of the information we had galhered and anS\\lers 10 any additional questions that came up during lhe oourse of the drive. " Within 5 weeks, the signatures were gathered and were presented to each City Council in October and a request was made to have the Resolution oonsldered on the- next City Council agendas"

Following the petition drive, representatives foliowed up wilh City of rJovi representatlves on two occasions to ensure lhat the signatures provided were acceptable and that no further addiUons, corrections, or revisions would be required, We were assured that no further actIon on our part with respect 10 fhe signatures was required,

Prior to adding tMe La.ke Board resolution fo CIty Council agendas, the City of Novi requested an informational meeting be fif$t heid< Our petition driVe representatives helped organiZe fhat meeting for the city, Upon its conclusion we asked thai the ResolutiOn be COnsidered on the next City Councif agendas.

The Walled Lake City Council passed the resolution to form a Lake Setard at ils meeting on November 3, 2008, In a spirit of collaboration and nol wanting to foist its will on the Citl' of Novi, the resolutiOn was passed contingent on Ihe City of Novi pasSing a similar resolution, In their deliberatlons, Walled Lake Cily Council members acknowledged that certain questions remain unM$\\Iered. They further ack.nowledged that these questions could only be, answe'ed by taking Ihis firs! crilical step-passing the resolution to form a Lake Impr<>VAm<>nl Boord. Page 3 G14

- While we anticipated that a vote on the resolution would be forthcoming from the Novi City Council, it has not yet been put on the Novi City Council agenda. We understand that it will be taken up at a session in January but have not heard back on our requests for a specific date.

It is not often that residents petition their iocal government to undertake a project knowing that it will increase their taxes. A majority of your Walled Lake lakefront residents are requesting that this project be undertaken and that they are wil!ing to pay for their share of it.

We urge yOIl to request that the resolution be brought to a vote as soon as possible and humbly request your support for the resolution.

You will be receiving a packet of information priorto the time that the Novi City Council takes up this mailer. In the meantime, here are a couple links to provide you with additionai information.

- Link to the Lake Area Homeowners Association website containing further information about this initiative. httll.:L!1MWW.Iph?.!if!'isM <;l.Gom/

Link to the Oakiand County Water Resources Commission website for an entire manual on Lake Improvement Boards. 11l!P..:L!'!l'WW,9.ak9p'y.comldrqioLst?nd.?JdSJpeJ;si

If you have any questions about this issue, please feel free to contact:

Greg Iszler

621 South Lake Drive

Novi, MI 48377 greg,[email protected]

David Hultgren

116 Arvida Street

Walled Lake, MI 48390 dhultgI\'1n@pr\srnls,cQI]}

John Duneske

357 South Lake Drive

Novi, MI 48377

Jdunesk\'[email protected]

f ..... ,""'"' '''''f)O Page 4 of4

Dave and Maria Dismondy

1185 West Lake Drive

Novi, MI 48377

Jennifer and Jeffrey Laz 135 Eubank Street Novi MI, 48377

Brian & Micki Larimer

159 Pickford

Novi, MI 48377 [email protected]

Jerry Anderson

127 S. Pontiac Trail

Wailed Lake, MI 48390

Thank you for your continued support for this hard fought effort.

1'''In')/''}or)Q' Supplemental Information Provided by LAHA Advance Packet for City Council from the Lakes Area Homeowners Association

for Lake Board Resolution Consideration Novi City Council meeting Monday, January 12 Dear Novi City Council Members,

During the past few City Council meetings, you have heard people expressing support and opposition to the formation of a Lake Improvement Board for Walled Lake. As some of the people who have been working on this project, we would like to provide you with additional background information, plea for a timely review of the proposal (we are still awaiting a date for consideration from the council), and urge your support for the formation of a lake board. We appreciate the time and attention you are giving to this matter and know that you want to make a rational, informed decision.

This is not the first time that an effort has been taken to form a Lake Board, and we trust that we have learned from that experience. About five years ago, an effort was conducted to forma Lake Board. It failed, inlarge part,. because the wording of the resolution was very broad. At that time, many people believed that the Board might have too much authority. Precisely for that reason, we have worded both the petition and the proposed resolution to state that the sole purpose of the Lake Board will be to control exotic invasive plant growth (non-native plant species). The wording oHhe current petition and the proposed resolution were presented to both the Novi and the Walted Lake City Councils for review priortocirculatioh.

What follows is a summary of our efforts and findings:

In January of 2008, the Lake Area Homeowners Association formed a committee to look into the issue of how to effectively and legally treat the growing problem of exotic invasive plant growth in Walled Lake. Experts (professional lake consultants) were solicited for their evaluation of the situation on Walled Lake. They identified the most problematic invasive plant species in Walled Lake is Eurasian Watermilfoil.lts presence has been documented going back to 1999 when a study of the lake was conducted for the City of Novi (Stormwater Sediment and Aquatic Plant Study). The problem has grown increasingly worse since that time.

This committee spent a great deal of time looking into alternatives. The two most pertinent issues are:

1. How to raise the money to treat the weeds. 2. How to legally treat the weeds in a systemic fashion (treating the whole lake) rather than multiple piece-meal efforts. There needs to be a legal entity with jurisdiction to do so.

The committee met with people who conduct lake studies andwho do the treatment of lakes in the surrounding areas regarding available alternatives, the process, and estimated costs of treating the weeds.

The alternatives boil down to these:

1. Have the two City Governments take on the project themselves. Representatives from both Walled Lake and the Cfty of Novi made it clear to the committee that this was not a viable option. The cities did not have the money nor the inclination to fund the project themselves. 2. Form a Lake Improvement Board under the State of Michigan Statute designed specifically for this purpose, as has been done for 48 other lakes in Oakland County. If there were a more expedient or cost-effective method to treat the lake weeds, we would welcome it. There is simply is not. Those in opposition to formation ofa Lake Board agree that the invasive weeds are a problem, yet (over the years) they have offered no other viable way of dealing with them.

There aretwo ways to forma Lake Board.-..by a vote ofthe CityCouncil(s) on their own initiative; or bya 2/3 vote of those owning property abutting the lake. In preliminary discussions with the Mayor of Walled Lake and the Novi City Manager, we proposed the former option which was agreeable to them, but they also wanted a sign of significant homeowner support. It was decided that a sign of significant homeowner support would be 51 %. Upon submission of the petitions, a vote would be taken by the City Councils. We were directed to the City Clerk for an official listing of lakefront properties in Novi upon which to base ourpetition drive and our signature target. We used this Novi-providedlist as the basis for our efforts.

Once a Lake Board is formed, the first major task is to commission a study of the lake to determine the scope of the project, the cost of the project, and make recommendations to the Board regarding Special Assessment District composition and cost sharing. Thus, there is a dilemma. Until the Lake Board is formed, the study can not be done (unless the Cities chose to take it on themselves) and questions regarding approach and costs remain unanswered. However, the process provides for public hearings on both the scope of the project and on the special assessments themselves. A summary chart outlining the process and other additional information will be provided to you as part of your City Council preparation materials.

From our discussions with experts who conduct lake studies and provide treatment, we have projected that aworst case scenario would be a cost to lakefront owners of$180-$240 peryearoverthe initial project periOd

3 estimated to be 5 years. This information was shared with homeowners during the petition drive via a Fact Sheet, talking points reviewed with petitioners, and the promotion of the LAHA website. After that initial project period, additional public hearings would be held for a follow-up maintenance project.

In late August 2008, a petition drive was launched.

1. The wording of the petitions was reviewed in advance by the attorneys for the cities to ensure it was acceptable. The cities encouraged our group to ·peroceed· with the Tevised wording that the attorney recommended. 2. When we launched the petition drive, we held a public meeting for lake residents that was announced via neighborhood signs, email, and an update on our website 3. We also armed all of the petitioners with an FAQ sheet and a copy of the actual Resolution wording. 4. We kept our public-facing website updated with all of the information we had gathered and answersto any additional questions that came up during the course6fthe drive. 5. Within 6 weeks, the signatures were gathered and were presented to each City Council in October and a request was made to have the Resolution considered on the next City Council agendas.

Following the petition drive, representatives followed up with City of Novi representatives on two occasions to ensure that the signatures provided were acceptable and that no further additions, corrections, or revisions would be required. We were assured that no further action on our part with respect to the signatures was required.

Prior to adding the Lake Board resolution to City Council agendas, the City of Novi requested an informational meeting be first held. Our petition drive representatives helped organize that meeting for the city. Upon its conclusion we asked that the Resolution be considered on the next City Council agendas.

- The Walled Lake City Council passed the resolution to form a Lake Board at its meeting on November 3, 2008. In a spirit of collaboration and not wanting to foist its will on the City of Novi, the resolution was passed contingent on the City of Novi passing a similar resolution. In their deliberations, Walled Lake City Council members acknowledged that certain questions remain unanswered. They further acknowledged that these questions could only be answered by taking this first critical step--passing the resolution to form a Lake Improvement Board.

It is not often that residents petition their local government to undertake a project knowing that it will increase their taxes. A majority of your Walled Lake lakefront residents are requesting that this project be undertaken and that they are Willing to pay for their share of it.

We urge you to request that the resolution be brought to a vote as soon as possible and humbly request your support for the resolution.

The attached packet of information is intended to provide you with some additional reference and perspective on both the issue and the process. We hope you find it helpful in formulating your decision.

Sincerely,

Greg Iszler

David Hultgren

John Duneske

Dave and Maria Dismondy

Jennifer and Jeffrey Laz

Brian and Micki Larimer

Jerry Anderson

attachments: Exhibit A- Weed Photos, Walled Lake, Summer 2008 Exhibit B- Weed Removal Attempts, Walled Lake, Summer 2008 Exhibit C- Additional Weed Photos, Walled Lake, Summer 2008 Exhibit D- Chronological Summary of Lake Board Procedures Exhibit E- 2008 Listing of Lake Improvement Boards in Oakland County Exhibit F- An Additional Legal Opinion Exhibit G- Screen Captures from the LAHA Website Exhibit H- Addressing Misinformation Regarding Signatures

5 EXHIBIT A: Weed Photos - Walled Lake, Summer, 2008

• The weed problem identified in a city study in 1998 has gotten progressively worse. o These images reflect the se iousness ofthe situation just at the shoreline. The problem heavily impacts the safety and enjoyment out on the lake as well.

-'="':" -..- .. --~.- EXHIBIT B: Weed Removal Attempts - Walled Lake, Summer, 2008

• Image 1 represents just one week of removal at one lakefront property. • Shoreline de-weeded at one property will simply be re-seeded by weeds out in the lake and from neighboring property. This weed is invasive and re-roots aggressively. • Wet weeds cannot be bagged. o Drying weeds in the summer rot and emit a sewage-like odor - a significant detractor for those visiting or house-shopping in the area and concerned about water quality. EXHIBIT C: Additional Weed Photos - Walled Lake, Summer, 2008

o The problem is too widespread for property owners to address individually. o Lake Boards are THE mechanism that the State of Michigan has in place for this type of situation. In addition, it prevents increasingly frustrated homeowners from taking it upon themselves to "treat" their lakefront in unsafe ways. EXHIBIT D: Chronological Summary of Lake Board Procedures Part 309, Inland Lake Improvements, Natural Resource and Environmental Protection Act (P.A. 451 of 1994)

Chronological Summary of Lake Board Procedures

Receipt of petition, or motion of governing body

(within 60 days)

ILake Improvement Board established by resolution of local governing body I t Lake Board

(a) elects property owner representative

(b) elects chairperson and secretary

Dike Board receives and accepts re@i] t (within 60 days; pUblic notice published at least 20 days prior) Public hearing on feasibility of project

(within 10 days)

ILake Board determines practicability of project; if determined to be practicable, publishes resolution to that effect I t [L89a1 objections must be made within 30 days

I Lake Board establishes special assessment district and prepares special assessment rol1

(pUblic notice mailed and pUblished at least 10 days prior)

Public hearing on special assessment rol1

Special assessment rol1 confirmed, and notice of confirmation published

Legal objections must be made within 30 days

Lake Board accepts bids; contract let

(within 10 days)

I Lake Board computes entire cost of project I

\0 EXHIBIT E: 2008 Listing of Lake Improvement Boards in Oakland County

• There are 48 Lake Improvement Boards in Oakland County. • Some ofthe larger lakes do not have Lake Boards because they do not - currently have an invasive"we-ecrissue.

\\ Lake Improvement Boards Page 1 of3

Lake Improvement Boards if Home About >: Calendar >: The Drain Commissioner, or his designee, is a member of the State-Designated Lake Contact Improvement Boards in Oakland County. Upcoming meeting dates, times and locations Divisions & " are available by contacting our office at 248-858-0958 and listed below: Committees U.~comil1.g_~_~eting~: Info & Publications Permits A meeting of the Lake Improvement Board for Scott lake will be held on Wednesday, Press Releases May 7,2008 at 4 p.m. at the Office of the Oakland County Drain Commissioner, 2nd Projects Floor Conference Room, One Public Works Dr., Bldg 95 West, Waterford, Michigan. Standards & Specs A meeting of the Lake Improvement Board for White Lake will be held on Thursday, May 15,2008 at 4 p.m. at the Highland Township Auditorium, 205 N. John Street, Highland, Michigan.

lake Improvement Board Ma.D.Y~1 (file size 19MB)

lake Improvement Boards in Oakla.nd County There are over 1,400 lakes in Oakland County. The management of the lakes can happen under a number of different methods. The most common method is through local homeowner's associations. Visit the Michigan Department of Environmental Quality Inland Lakes website (www.michigan.gov,tde(;t) and/or the Michigan Department of Natural Resources (WJNJ!Yc".mlcblg~ovLdnr ) for Jake information across Michigan. If the homeowners petition their local unit of government to undertake management of their lake under the provisions of Part 309 of Act 451 of 1994, as amended, Inland Lake Improvements, a Lake Improvement Board is established through that local government unit. In compliance with the statute, the Lake Improvement Board will consist of a member of the County Board of Commissioners, 2 representatives appointed by the local unit of government (if more than one unit of government is involved, then one representative from each is required), a representative of the County Drain Commissioner, and a resident riparian of the lake elected by the other members of the Lake Improvement Board. Within Oakland County 48 Lake Improvement Boards have been established to address relevant lake improvement issues, including the oversight of aquatic weed control programs, nuisance control and other educational activities. The following Lakes are part of this program: Addison Twp. • Lakevllle Lake

Bloomfield Twp. • Forest Lake • Gilbert Lake • Island Lake • Lower Long Lake • Meadow Lake • Orange Lake • Upper Long Lake

http://www.oakgov.com/drainiprogram_service/lake_improve.html 5/8/2008 Lake Improvement Boards Page 2 of3

• Wabeek Lake

Brandon Twp. • Lake Louise

Highland Twp. • Charllck Lake • Duck Lake • Gourd Lake • Highland Lake • Kellogg Lake • Murray Lake • Taggett Lake • Tomahawk Lake • White Lake • Woodruff Lake

Holly Twp. • Bush Lake

Independence Twp. • Ciarkston Mill Pond • Van Norman Lake • Walters Lake

Oakiand Twp. • Cranberry Lake

Orion Twp. • Indianwood Lake

Rose Twp. • Tipsico Lake

Springfield Twp. • Big Lake • Dixie Lake • Susin Lake • Waumegah Lake

Troy • Lake Charnwood

Waterford Twp. • Eagle Lake • Huntoon Lake • Lake Oakland • Pontiac Lake • Rainbow Lake • Schoolhouse Lake • Scott Lake • Watkins Lake

West Bloomfield Twp.

http://www.oakgov.comldrain/program_service/lake_improve.html 5/8/2008 Lake Improvement Boards Page 3 on

• Blue Heron Pond • Duck Lake Pond

White Lake Twp. • Cedar Island Lake (Stopke Bay) • Grass Lake • Lake Neva • Lake Ona • Round Lake

Woiverine Lake • Woiverine Lake

For more information please contact 248-858-0958 to speak to our staff representative.

Oakgov Home I Elected Officiais I Departments/Agencies I Jobs I Online Services

http://www.oakgov.comldrainlprogram_service/lake_improve.html 5/8/2008 EXHIBIT F: An Additional Legal Opinion

• .Courtesy ofThe Michigan Ripariall and lake property legal expertClifford H. Bloom, Esq., ofLaw, W.e.a$ers& Richardson,GrandRapids. • "Officials in some townships, however, are reluctant to [approve special assessment districts for aquatic weed control], citing concerns...Yet, most ofthe time, these concerns are baseless." • "...while some property owners may oppose the special assessment district, township officials should be mindful that the benefits ofthe public improvement often outweigh the cost..."

\5 ATtORNEY WRITES

Free lake weed By Clifford H. Bloom J Esq. Law, Weathers &Richardson, P.C. 800 Bridgewater PI • 333 Bridge St NW treatment? Grand Rapids, Michigan 49504·5320

Very few lake associations in Michigan property owners and that the concerns can compel lakefronr property owners of those opposed may not be sufficient (nr others who use the lake involved) to to prevent the formation of a special as contribute funds to pay for aquatic weed sessment district, particularly where a control, whether done by chemic,ll treat sizeable majority of the affected prop.. ments, mechanical harvesting, or other erty owners favor the district. means. A voluntary lake as-sudation sim ply can not fllrce its members (or even If the governing body of a municipality non-members) to conrrihme money for appears reluctant to create a special as aquatic weed treatmenrs. sessment d btrict for aquatic weed con.. trol purposes (even though a The only exceptions involve majority of affected landuwn "strong" lake associations cre Although there is no practical way of ascertaining how many ers support such a district), ated by binding deed restric special assessment districts have been created in Michigan then perhaps that municipality tions (which give the associa for the purpose of aquatic weed control, it is likely that over should be reminded of MeL tion, implicitly or expressly, one hundred townships have created such districts. 41.418. the power to levy mandatory dues or assessments for aquatic That statute authorizes a mu weed control) or properly created statu nicipality to pay for aquatic weed con tory summer resort associations (which trol in public lakes Ollt of the general are actually quite rare). Accordingly, a fund in cases where a special assessment significant number of lake associations district is not utilized. Although the Stat have lobbied their local municipality ute does not require the mUll icipaliry to (either a township, city, or villa 1e) to im pay for aquatic weed control, it dimi f;QSeJ governmenta special assessment nates the excuse by some municipalities district around the lake involved to pro involved that they cannot utilize general vide funding tor aguatic weed controL taxpayer dollars for that' purpose.

Municipalities (particularly Michigan All of the reasonable costs for setting up With this statute in mind, those who townships) have broad authority to cre· and administering a special assessment favor the creation of a special assess ate special assessment districts for a va district, including the attorney fees and ment district can stress to the munici riety of public i mprovclllcnt projects, engineering fees reqUired to set up the pality involved that the' are not ree uest including aquatic weed control. Once a district initially, can be included in the Il1g payment rom the general fund for special assessment district has been prop assessments, which are paid by the prop aquatic weed control, but are willing to erly estahlished, the cost of the public erty owners in the district. While setting iubmit tQ a ~prciill assessment tilt tbat improvement is aUocatcd to the proper up and administering a special assess purpose. ties in the district that benefit from the ment district involves a certain amount improvement, and the CDsts are placed of paperwork for township officials, any If the municipality remains reluctant to on the property tax roll. Unlike dues additional administrative costs incurred create the special assessment district for for aquatic weed treatment that may be by the township can be added to the spe aquatic weed controi, it can be argued imposed by lake associations (which are cial assessment taX rolL The township's that the municipality should step in ilnd almost always voluntary), the payment of potential for liability is minimal given spend general tilxpayer funds for that special assessments are mand

• In addition tG flyers delivered d(}()T-to-dGOT announcing spedalLAHA11leetings, emails sent to residents who signed up at events for information, signs announcing meetings posted around the lake, 2 special (and open) meetings during the summer to discuss the weed issue, 20+ volunteers armed with FAQ sheets going door-to door for the petition drive, the association also maintained and directed all interested parties to an informational website. Some excerpts from that site are included in the following pages. • Our emphasis all along has been exhaustive research, a commitmentto accuracy, and full transparency.

It End of the Year Association Update

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\CZ< 1\~·~:,d.:r...... ~U\.)VS~ ::6, ,?OO':: Frequently Asked Questions PelftlM,Drh"" Copies of the Walled Lake and RE; Treatment of Invasive weeds In Walled I..lIke Nov; petitions are Included below. Please complete the appropriate What are you phumlng to do?, , city petition and mail to: , The petition drive is to demonstrate suffic,ent support for the CIty \.AHA ~ake Councils of N<:>vi and walled to adopt a resolul!on to establIsh a P.O. eox 12 lake improvement board with a very narrow mission; the treatment Walled ~ke, Ml <18390 of "invasive, exotic plants" {not mooring., or -acc:ess~ or geese, etc.). If you have any questions that Hasn't this been tned befon.? are not answered in the FAQ · Yes. The petition drive fell short of ootaining the number of section to the left, please email signatures required-in large part because the scope of that us at proposed lake board was much broader. To avoid the same result 9C~',~,~l.!!UJ;j~~• and allow tile i1ity and Signature the other on the assessments. Our hope is that the study and .O.~·.... ChltJ"'~·Iol1oIfes~~L .__. , •__....,=---==:=-. ~._._. __.. j,,~;~i: Xi [,,<:-~:'.".::.....__ J!I.5E: ·~ m..·;~i~;~{Ii·4"i;;::.:·~:··~_~~nj;;;;~ ~~.~ ~ :;.-,~. ~. ::;.:.~~.~;~;:.- • Coogle i!t;[-.n T" ...... , .. _.--..n--·-·-O·;;;:···:-;-·>; L.:¥1:L~,=-=:~=~:·:~~::~~l:~f!.~..:~.~_~_:~~":~_~.~~.~ ..!':.~~~n~~ ..~ ..~.P4ot .. ~!IllI~ ....~.Y~lu.~ .. !_~~=_~~ ..:__~.~~.M _-a <$I jssl~rj~~'~-~-I n~f;ii~,::i _~__. _-.---~ .__ ~ . lE •• i£il'e>ge .I1)Tp.

Thursday, August 14, Z008 Lake Board Petition Presented to the Novi and Walled Lake City Councils We/tome to the Offjcl41 silt' lor the l.llwners Assoc!lItlot'l . Sh.wOO, one city po"" and rsc lit • 1'10 current yoillnteers from shawood L.ke for \he Leslslative Commltt~. or to drive tile weed remediation InltlallYe planni"B!l) • Member residents of Sh.wood encouragedt<> volunteer for tile committee p.Uco fl) • Yolunt.e" soUdled duril\i me.ling (no representatives have yet steppeil forward) pr6ident's. IeUttr (2:1 • Board reathed out to att.nd.es with connections to Shawood Lake r~ldents to encourage more participation ShowOOdUl"" ill • lAHA 80ard desires to get ShotWOod Lake momentum gOing as soon as possible, In parallel with the Walled lake push "'anks goes out to Paul Olsen for 1Ilis month·s colorful sunset. • Weed harvesting explored: Annuat co.t Is .Imilar to annual treatment above. lh. inva,ive ~ in Walled lake (mitfoil) is reported to reseed aggressively when ha",ested (committee votun"'e" to conllrm this repo,tj • seeding the lake wltll weed·eating insects suggested as anolll.r possible opUon (committ~. vollint"ers to research and report Send In your 5howood and Walled Lake area lifestyle photos 10 greg. fszlef~hallr~tyle.com and well po'1 them In the online back) g~rbase gallery. • Novi weed pick-Up: Novi eiectlld 10 priYatlze aU city se",l",s (that·s wily there Is no pld

• No Wng.r a key .lormwater basi" for N.vi: Prim.I)' growth In tile ...~t two decade. for the City of Nov Ihas oo:orred 'outh of Upcoming Events waned lake; considerable drainage imp10vement!. have been gained from those new develDpments easing the reliance oJl SOme previous stormwater ba,lns (Including walled Lake): the core density for Hovll, now south of the Walled lake area; Meadowbroo~ JANUARY T AfSt LAHA MCtlting Qf 10C1'1. ObtfJ illnd time and Village oaks lake demrloratlon we", creatIng f100dfng l"ues In ,lrt'<>ts and ol!1er neighborhood•• Infra.trod"r. damage and forl:t1caming. lHave why Is an assa<;lati<>ll necesSllry and wily Is It Im(>Ql1aJlt Is a par1~~! (akes aroo. '0 3. UIlOOVet your priority mol1ltel1allce alld 5afel'f iSStler, moklng IMentfre area safer, frlendfler, and moses~menlS wllll city~~

• Assum!ng 500 homes (con~ervat!ve) Support Your Local Lake Area • 5200 fo' tile first y>!er and study (approximalely 517rmonUl during the first year) Businesses • $100 [or subsequent years (approxlmalely sSfmonth) • Actual recommendations On .SSe~.menlS will be determined during lIle upfront study SAY$lOE GRllU: • S••utiM 'on,ol>, ~o pi...". Tv,. 1V••t rood and diinlci~ and a spec tACIJW ~unaay Eirunc~ Timing OANONG EYE GALliRY . An ocloe tic m.rket for handmade decorative: til(t~ art jewelry. rootid i';ct,.tlpWfe~ atti~ • Pelilion, .ubmillerl lor approval ce..amics and unique iPfts for lIU Dtcasltms. • Petition drive JOE'S BIKE SHOP -Independent bike tal>U,hod In 2004, Sh•• S.lon hl,tonco! i,. • Testing begIns (by September) space lo'~ted in :W~lIed la'ke

LAHA Review of Petillon Reso!ution for the City Councils of Walled Lake and Nov; Blog Archive ... ~008(18) Praft ~tilion resolution shared with atlendlng LAHA members at m~ting on July nnd • lIovembef (2) • 95% of attending members vomd in support of the Petition resolution • Petition resolutIon to be prosented to eaell CIty Council during earty Augu.t City Council meetings En4 ot ~ y.,ar As.socr~tfQh UPMt~ Petition 1lI'iv<> Up

~~~ JiJy (41 • lAHA I. eager to p,ovlde as much transparency throughout this process as possible ~ May{1) • Please forward any Questions or con<:ems tl>ril'21~~

~~to- FebtlJ.8rYi21 Poi-tl;'d by Coota-e;t IlirQmtlJt:\c)h O-c;Ol'liMl!tlts: Ubets: lake' board, weeds~~

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~~• City 01 waned Lake - Council Me~~

• During a recent Council meeting, a concerned resident raised a number ofissues that, in their opinion"invalidatedthe,effQrt-ofthese last.eightmonths. Many ofthese (such as backlots, the wording ofthe petition, Lake Board scope, and property listings) were parameters carefully reviewed and established by the City and its attorneys. • One claim focused on the validity ofthe signatures we submitted to Council. This was particularly disconcerting given how precise we have tried to be in following the guidelines set out for us bythe cities ofWalled Lake and Novi. • On further review, we found that ofthe 21 signatures this resident soughtto have invalidated (because they reflected addresses outside of Novi or properties not on Walled Lake), 17 ofthem are on record with the City of Novi as Walled Lake lakefront property. [The remaining 4 are properties in the city limits on the lake not reflected on the current list.] • We continue to stand by our petition submission and its demonstration of a "strong show of support oflakefront property owners" as requested by the City of Novi.

[Exhibit note: Signed properties that were incorrectly claimed by the concerned resident to be outside ofthe city limits or bordering a different lake are noted in the attached City ofNovi-provided list with an asterisk.] City of Novi Property Owners With Direct Frontage on Walled lake Prepared on July 21, 2008 City ofNovi Department ofInformation Technology, Geographic Information Services

KEYPIN OWNNAME1 OWNERADD 1 2202101001 ANDRIS, THEODORE S & ELANE 5108 CORNERS DR 22202126005 CLARK, DAVID II 1123 EAST LAKE 3 2202126006 BRAUNSTEIN. ALAN & DEBORAH 1129 EAST LAKE 4 2202126007 TEGlER, FRANCiS TRUST 1133 EAST LAKE 52202126008 ARNOT. DARLENE 1141 EAST LAKE 6 2202126009 MARENDA, CHESTER 33625 YORK RI DGE DR 72202127001 EROYAN, JOHN & PHYLLIS 1149 EAST LAKE 8 2202151001 MARKOWITZ, HARVEY G 1153 EAST LAKE 92202151003 KERN. JOHN L& KIMBERLY A 3099 RIDGEMONT ST 102202151004 KERNEN. CAROL 1167 EAST LAKE 11 2202151005 KERNEN, CAROL 1167 EAST LAKE 122202151006 MILAZZO, CHARLES A 1171 EAST LAKE 132202151008 LAKEVIEW ESTATES, LLC 41050 VINCENTI COURT 14 2202151009 LANGAN, MARY M 30393 BALFOUR CT 15 2202151010 RIDENOUR, MARY & THURMAN 1189 EAST LAKE 162202151013 CARPENTER, MARK 1229 EASTLAKE 172202151015 ACCESS, SHORE ACRES . EAST LAKE 1.82202151017 CUMMINGS, ROBERT M PO BOX 250741 1;l5~mST L.4~ 19 2202151018 HARRIS, ARTHUR J, TRUST 1256 EAST LAKE 2022021510:19 PALMER, ROGER 1258 EAST LAKE 21 2202151020 LANGAN, MICHAEL & CORNISH, PATRICIA 1260 EASTLAKE 1:,2 2202151023 ARMSTRONG, BRADLEY 12272 HILLSIDE DR 12&'0 Prjr t..M