AGENDA SECOND MEETING OF THE AUGMENTED DRAINAGE … · 2019. 4. 22. · Page 1 of 1 AGENDA SECOND...

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AGENDA

SECOND MEETING OF THE AUGMENTED DRAINAGE BOARD

FOR THE OAKLAND-MACOMB INTERCEPTOR INTERCOUNTY DRAIN

April 16, 2019 – 10:30 a.m.

Office of the Macomb County Public Works Commissioner

1. Call meeting to order and introductions (Michael Gregg, Chairperson)

2. Roll Call

3. Approve the April 16, 2019 agenda

4. Approve February 20, 2019 Minutes of the First Meeting of the Augmented Drainage Board

5. Present proofs of publication and mailing of notice of this hearing. Motion to receive

6. Purpose and role of Augmented Drainage Board and Second Meeting (J. Colaianne, Clark Hill)

7. Public Comment

8. FKE presentation on the Northeast Sewage Pump Station and North Interceptor-East Arm (Klingler)

9. Overview of the Proposed Project

10. Motion to Open Public Hearing: Public hearing to review and consider objections to the proposed Oakland-Macomb Interceptor Intercounty Drain and the petitions received by the Director of the

Michigan Department of Agriculture on December 20, 2018 from the City of Sterling Heights

(Macomb County), through the Macomb County Public Works Commissioner, and the Charter

Township of Waterford (Oakland County), through the Oakland County Water Resources

Commissioner (collectively, the “Petitions”)

11. Ask for written objections

12. Ask for comments or objections from those present

13. Motion to Close Public Hearing

14. Present Resolution: Final Order of Determination

15. Present invoice from Digital First Media dated March 31, 2019 in the amount of $3,300.25

16. Other business

17. Adjourn

Second Meeting of the Augmented Drainage Board

For the Oakland-Macomb Interceptor Drain Drainage District

Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 4

Meeting Minutes from February 20, 2019

Agenda Item No. 4

Page 1 of 5

MINUTES OF THE FIRST MEETING OF THE AUGMENTED DRAINAGE BOARD

OAKLAND-MACOMB INTERCEPTOR DRAIN DRAINAGE DISTRICT

February 20, 2019

Minutes of the First Meeting of the Augmented Drainage Board of the Oakland-Macomb

Interceptor Drain Drainage District held at the offices of the Oakland County Water Resources

Commissioner, Public Works Building 95 West, One Public Works Drive, Waterford, Michigan

on the 20th day of February, 2019, at 11:30 a.m., Eastern Daylight Savings Time.

PRESENT: Michael R. Gregg (Deputy Director, Michigan Dept. of Agriculture

and Rural Development, MDARD, and Chairperson of the Oakland-Macomb

Interceptor Drain Drainage Board); Brian Baker, Deputy for Candice Miller

(Macomb County Public Work Commissioner, MCPWO); Jim Nash (Oakland

County Water Resources Commissioner, OCWRC); Bob Smith (Chairperson,

Macomb County Board of Commissioners); Veronica Klinefelt (Chairperson

Finance Committee, Macomb County Board of Commissioners); David Woodward

(Chairperson, Oakland County Board of Commissioners); Helaine Zack

(Chairperson Finance Committee, Oakland County Board of Commissioners).

ABSENT: None.

OTHERS PRESENT: Steven Korth, OCWRC; Shawn Phelps, OC Fiscal

Services; Evans Bantios, MCPWO; Dennis Mitchell, Lake Angelus; Brady

Harrington, MDARD; Anne Vaara, OCWRC; Bill Basigkow, Orion Township;

Saju Sachi, NTH Consultants; Jason Matteo, Jacobs; Fritz Klingler, FK

Engineering; Geoff Wilson, OCWRC; Matthew Hocking, Oakland Township;

Laurie Crane, Oakland Township; Marc Koszubski, Sterling Heights; David Miller,

Shelby Township; Christine Petro, Shelby Township; George Nichols, OCWRC;

Larry Gilbert, NTH Consultants; Raphael Chirolla, OCWRC; Josh Cole, Sterling

Heights; Joe Colaianne, Clark Hill; Sid Lockhart, OCWRC; Joel Brown, OCWRC;

Kelsey Cooke, OCWRC; Jacklyn Thomas, OCWRC; Megan Koss, OCWRC.

1. Call meeting to order. Chairperson Gregg called the meeting to order at 11:40 AM with introductions of the members of the Augmented Drainage Board. Quorum present.

2. Selection of a secretary.

Motion by Member Baker, seconded by Member Nash to have the Oakland County Water

Resources Commissioner serve as secretary.

AYES: Gregg, Baker, Nash, Smith, Klinefelt, Woodward and Zack.

NAYS: None.

3. Purpose and role of Augmented Drainage Board. Mr. Colaianne (Clark Hill), Drainage District Attorney, described the purpose and role of the Augmented

Agenda Item No. 4

Page 2 of 5

Drainage Board, noting that, pursuant to Chapter 21 of the Michigan Drain Code, the

Augmented Drainage Board is comprised of the Chapter 20 drainage boards from

each county, and the director of the Michigan Department of Agriculture and Rural

Development or his/her deputy. Mr. Colaianne also explained that the Augmented

Drainage Board usually meets twice. The first meeting is to tentatively consider: (1)

the sufficiency of the petitions filed pursuant to Chapter 21 of the Michigan Drain

Code; (2) practicability of the project; and (3) the public corporations to be assessed

for project. Afterwards, the Augmented Drainage Board would then set the time, date

and place for the second meeting of the Augmented Drainage Board to hear

objections regarding the tentative determinations.

4. Public Comment. There was no public comment.

5. Overview of proposed project. Steve Korth, P.E., Deputy and Manager with the Oakland County Water Resources Commissioner briefly described the history of the

Oakland-Macomb Interceptor. He also discussed the proposed project that will

address the condition and rehabilitation of the Northeast Pump Station and North

Interceptor – East Arm sewer, that serve as the outlet for the Drain before

transportation of wastewater to the treatment plant operated by the Great Lakes Water

Authority.

6. Resolution - Tentative Determinations and naming of the drain and project:

The following resolution was offered by Augmented Board Member Klinefelt and

supported by Augmented Board Member Zack.

RESOLUTION REGARDING TENTATIVE DETERMINATIONS

OF THE AUGMENTED DRAINAGE BOARD

WHEREAS, on December 20, 2018, the Director of the Michigan Department of

Agriculture and Rural Development received petitions pursuant to Chapter 21 of the 1956 PA 40,

as amended (the Michigan Drain Code of 1956), MCL 280.511 et seq., from the City of Sterling

Heights (Macomb County) and the Charter Township of Waterford (Oakland County) requesting

the clean out, relocation, widening, deepening, straightening, extending, tiling, interconnecting, or

otherwise improving the intercounty drain known as the Oakland-Macomb Interceptor Drain

(“OMID” or Drain) or any portion thereof (hereinafter referred to as “Maintenance, Extension and

Improvement”) pursuant to Section 535 of the Michigan Drain Code of 1956; and,

WHEREAS, the Maintenance, Extension and Improvement of the Drain involves certain

wastewater facilities, commonly known as the Northeast Sewage Pumping Station and North

Interceptor - East Arm, (as described in the petitions and identified as “wastewater facilities”) that

serve communities located within Macomb and Oakland counties; and,

WHEREAS, the wastewater facilities serve as the outlet of the Drain, and are owned by

and located within the City of Detroit, and currently leased to the Great Lakes Water Authority;

and,

Agenda Item No. 4

Page 3 of 5

WHEREAS, the OMID’s wastewater service agreement with the City of Detroit, which

has been assumed by the Great Lakes Water Authority, authorizes OMID to finance, construct and

maintain these wastewater facilities; and,

WHEREAS, the petitions show that the purpose of the Maintenance, Extension and

Improvement of the Drain is necessary in order to ensure the continued and uninterrupted

transportation of wastewater from public corporations located in Oakland and Macomb counties,

to address the public health concerns associated therewith, to ensure the disposal of wastewater in

compliance with federal and state law and regulations related thereto, and will entail construction

and repairs of wastewater facilities; and,

WHEREAS, on January 11, 2019 the Director of the Michigan Department of Agriculture

and Rural Development made a preliminary finding of the following counties, which, in his

opinion, includes the following public corporations that should be assessed under the provisions

of Chapter 21 of the Michigan Drain Code for the cost of the Maintenance, Extension and

Improvement of the Drain:

Macomb County: Oakland County:

Chesterfield Charter Township City of Auburn Hills

City of Fraser

Charter Township of Independence (which

includes the City of Clarkston)

City of Sterling Heights City of Lake Angelus

City of Utica City of Rochester

Clinton Charter Township City of Rochester Hills

Harrison Charter Township Charter Township of Oakland

Lenox Township Orion Charter Township

Macomb Township Charter Township of Oxford

Shelby Charter Township Village of Lake Orion

Village of New Haven Village of Oxford

Washington Charter Township Charter Township of Waterford

Charter Township of West Bloomfield

NOW, THEREFORE BE IT RESOLVED, the Augmented Drainage Board for the

Oakland-Macomb Interceptor Drain Drainage District, after considering the petitions filed in this

matter, hereby makes the following tentative determinations in accordance with Section 519 of the

Michigan Drain Code of 1956, MCL 280.519:

1. The petitions filed by the City of Sterling Heights and the Charter Township of

Waterford pursuant to Chapter 21 of the Michigan Drain Code of 1956 are sufficient.

2. That the proposed Maintenance, Extension and Improvement of the Drain, or

Project, is practicable.

3. That the following public corporations shall be assessed under Chapter 21 for the

cost of the Project:

Agenda Item No. 4

Page 4 of 5



City of Fraser













BE IT FURTHER RESOLVED, that the drain shall be known and designated as the

Oakland-Macomb Interceptor Drain.

BE IT FURTHER RESOLVED, that the drainage district shall be known and designated

as the Oakland-Macomb Interceptor Drain Drainage District.

BE IT FURTHER RESOLVED, that the Second Meeting of the Augmented Drainage

Board shall be held on April 16, 2019 at 10:30 A.M., at the Offices of the Macomb County

Public Works Commissioner, 21777 Dunham Road, Clinton Township, MI 48036, at which

time, the Augmented Drainage Board will meet to hear objections to the proposed drain (Project),

the petitions for the Drain (Project), and the matter of assessing cost of the drain (Project) to the

designated public corporations.

BE IT FURTHER RESOLVED, that the Notice of the Second Meeting shall be in

substantial form as the attached Exhibit “A” and published and served in accordance with Section

519 (MCL 280.519) of the Michigan Drain Code of 1956.

AYES: Gregg, Baker, Nash, Smith, Klinefelt; Woodward and Zack.

NAYS: None.

RESOLUTION DECLARED ADOPTED.

Agenda Item No. 4

Page 5 of 5

7. Motion to approve payment to Augmented Drainage Board Members was offered by Augmented Board Member Nash and supported by Augmented Board Member

Baker.


NAYS: None.

8. Motion to Adjourn was offered by Augmented Board Member Baker and supported by Augmented Board Member Nash.


NAYS: None.

Next Meeting Date: April 16, 2019 10:30 am (Second Meeting of Augmented Drainage Board)

I hereby certify that the foregoing constitutes the minutes of the Augmented Drainage Board for

the Oakland-Macomb Interceptor Drain Drainage District, at a meeting held on February 20,

2019 and that the meeting was conducted and public notice was given in compliance with the

Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes were

kept and will be or have been made available as required by the Act.

IN WITNESS WHEREOF, I have hereunto affixed my official signature on this _____ day of

April, 2019.

___________________________________________

Jim Nash, Secretary

Oakland-Macomb Interceptor Drain Drainage Board

Agenda Item No. 4(a)

Page 1 of 2

Exhibit “A”

NOTICE OF SECOND MEETING OF AUGMENTED DRAINAGE BOARD

AND MEETING OF DRAINAGE BOARD

OAKLAND-MACOMB INTERCEPTOR DRAIN

To: All Persons on the attached Service List.

On February 20, 2019, at the First Meeting of the Augmented Drainage Board, the board

tentatively determined that the petitions received by the Director of the Michigan Department of

Agriculture on December 20, 2018 from the City of Sterling Heights (Macomb County), and by

the Charter Township of Waterford (Oakland County) requesting the Maintenance, Extension and

Improvement of the Oakland-Macomb Interceptor Drain (“OMID”) pursuant to Section 535 of the

Michigan Drain Code of 1956 (“Drain Code”), as amended, MCL 280.535, were legally sufficient,

the Drain (Project) practicable, and the public corporations to be assessed for the Drain, which

include the following:



City of Fraser













Notice is hereby given that the Second Meeting of the Augmented Drainage Board of the

Oakland-Macomb Interceptor Drain Drainage District shall be held on ______________, at

______ A.M./P.M., at the ____________________________________________________for the

purpose of holding a meeting to hear objections and final determination regarding:

1. The Petitions received by the Director of the Michigan Department of Agriculture on December 20, 2018 from the City of Sterling Heights (Macomb County), and

by the Charter Township of Waterford (Oakland County) requesting the

Maintenance, Extension and Improvement of the Drain pursuant to Section 535 of

the Michigan Drain Code of 1956 (“Drain Code”), as amended, MCL 280.535;


Page 2 of 2

2. The proposed Maintenance, Extension and Improvement of the Drain (Project); and,

3. The determination of the public corporations to be assessed for the cost of the Project.

Information regarding this meeting may be obtained from either the Macomb County

Public Works Commissioner or the Oakland County Water Resources Commissioner.

Persons with disabilities needing accommodations for effective participation in the meeting

should contact the Commissioner in the county which they reside at the numbers noted below at

least 24 hours in advance of the meeting to request mobility, visual, hearing, or other assistance.

Minutes of the meeting will be on file at the Macomb County Public Works Office

(586.469.5325) and the Oakland County Water Resources Office (248.858.0958).

____________________________________________________

Dated: ______________, 2019 Jim Nash, Oakland County Water Resources

Commissioner, Secretary Oakland-Macomb Interceptor Drain



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 5

Proof of Publication and Mailing of Notice

Agenda Item No. 5(b)



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 6

Purpose and role of Augmented Drainage Board and

Second Meeting



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 7

Public Comment



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 8

FKE Presentation on the Northeast Sewage Pump Station

and North Interceptor-East Arm



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 9

Overview of the Proposed Project



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 10

Motion to Open Public Hearing



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 11

Written Objections



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 12

Comments or Objections from those present



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 13

Motion to close Public Hearing



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 14

Resolution: Final Order of Determination

Agenda Item No. 14

Page 1 of 4

MICHIGAN DEPARTMENT OF AGRICULTURE

AND RURAL DEVELOPMENT

In the Matter of:

Oakland-Macomb Interceptor Drain,

FINAL ORDER OF DETERMINATION

At the second meeting of the Augmented Drainage Board for the Oakland-Macomb Interceptor

Drain Drainage District, Oakland and Macomb Counties, Michigan, held at the Office of the Macomb

County Public Works Commissioner, 21777 Dunham Road, Clinton Township, MI 48036 on the 16th

day of April 2019, at 10:30 A.M.

PRESENT: ____________________________________

____________________________________

____________________________________

ABSENT: ____________________________________

The following resolution was offered by Augmented Board Member and

supported by Augmented Board Member .

WHEREAS, on December 20, 2018, the Director of the Michigan Department of Agriculture

and Rural Development received petitions pursuant to Chapter 21 of the 1956 PA 40, as amended (the

Michigan Drain Code of 1956), MCL 280.511 et seq., from the City of Sterling Heights (Macomb

County) and the Charter Township of Waterford (Oakland County) requesting the clean out, relocation,

widening, deepening, straightening, extending, tiling, interconnecting, or otherwise improving the

intercounty drain known as the Oakland-Macomb Interceptor Drain (“OMID” or Drain) or any portion

thereof (hereinafter referred to as “Maintenance, Extension and Improvement”) pursuant to Section 535

of the Michigan Drain Code of 1956; and,

WHEREAS, the Maintenance, Extension and Improvement of the Drain involves certain

wastewater facilities, commonly known as the Northeast Sewage Pumping Station and North Interceptor

- East Arm, (as described in the petitions and identified as “wastewater facilities”) that serve

communities located within Macomb and Oakland counties; and,

WHEREAS, the wastewater facilities serve as the outlet of the Drain, and are owned by and

located within the City of Detroit, and currently leased to the Great Lakes Water Authority; and,

WHEREAS, the OMID’s wastewater service agreement with the City of Detroit, which has

been assumed by the Great Lakes Water Authority, authorizes OMID to finance, construct and maintain

these wastewater facilities; and,

WHEREAS, the petitions show that the purpose of the Maintenance, Extension and

Improvement of the Drain is necessary in order to ensure the continued and uninterrupted transportation

Agenda Item No. 14

Page 2 of 4

of wastewater from public corporations located in Oakland and Macomb counties, to address the public

health concerns associated therewith, to ensure the disposal of wastewater in compliance with federal

and state law and regulations related thereto, and will entail construction and repairs of wastewater

facilities; and,

WHEREAS, on February 20, 2019 at the first meeting of the Augmented Drainage Board, the

Augmented Drainage Board made a tentative determinations in accordance with Section 519 of the

Michigan Drain Code of 1956, MCL 280.519, that: (1) The petitions filed by the City of Sterling

Heights and the Charter Township of Waterford pursuant to Chapter 21 of the Michigan Drain Code of

1956 were sufficient; (2) the proposed Maintenance, Extension and Improvement of the Drain, or

Project, was practicable; and (3) the following public corporations shall be assessed under Chapter 21

for the cost of the Project:



City of Fraser













WHEREAS, on February 20, 2019 at the first meeting of the Augmented Drainage Board, the

Augmented Drainage Board further resolved that the drain shall be known and designated as the

Oakland-Macomb Interceptor Drain; the drainage district shall be known and designated as the

Oakland-Macomb Interceptor Drain Drainage District; and scheduled the Second Meeting of the

Augmented Drainage Board to be held on April 16, 2019 at 10:30 A.M., at the Offices of the Macomb

County Public Works Commissioner, 21777 Dunham Road, Clinton Township, MI 48036 in order

to meet to hear objections to the proposed drain (Project), the petitions for the Drain (Project), and the

matter of assessing cost of the drain (Project) to the designated public corporations.

WHEREAS, Notice of the Second Meeting was published in the Oakland Press and Macomb

Daily on March 19 and 26, 2019, and served in accordance with Section 519 (MCL 280.519) of the

Michigan Drain Code of 1956.

NOW, THEREFORE BE IT RESOLVED, the Augmented Drainage Board for the Oakland-

Macomb Interceptor Drain Drainage District, hereby makes the following final determinations in

accordance with Section 519 of the Michigan Drain Code of 1956, MCL 280.519:

Agenda Item No. 14

Page 3 of 4

1. The petitions filed by the City of Sterling Heights and the Charter Township of

Waterford pursuant to Chapter 21 of the Michigan Drain Code of 1956 are sufficient.

2. That the proposed Maintenance, Extension and Improvement of the Drain, or Project, is

practicable and should be constructed.

3. That the following public corporations shall be assessed pursuant to Chapter 21 for the

cost of the Project:



City of Fraser













AYES: ___________________________________________.

NAYS: ___________________________________________.

RESOLUTION DECLARED ADOPTED.

Agenda Item No. 14

Page 4 of 4

State of Michigan )

)ss

County of Oakland )

I hereby certify that the foregoing constitutes a true and complete copy of the resolution adopted

by the Augmented Drainage Board of the Oakland-Macomb Interceptor Drain Drainage District, at a

meeting held on April 16, 2019, and that said meeting was conducted and public notice of said meeting

was given pursuant to and in full compliance with the Michigan Drain Code and Open Meetings Act,

being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will

be or have been made available as required by said Act.

IN WITNESS WHEREOF, I have hereunto fixed my official signature on this ______ day of

April, 2019.

______________________________________

Jim Nash, Oakland County Water Resources

Commissioner, OMID Secretary

221459515.1 58434/316432



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 15

Digital First Media invoice

Agenda Item No. 15



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 16

Other Business



Tuesday, April 16, 2019 ______________________________________________________________________________

Agenda Item No. 17

Adjourn

3. jmt - 2019 04 16 - OMID Augmented Drain Board Agenda - draft4. Agenda Item4. 2019-02-20 OMIDD Augmented Drain Board First Meeting - Minutes - labeled4a. Exhibit A5. Agenda Item5a. Proof of Publication5a1. image14735b. Updated Proof of Mailing6. Agenda Item7. Agenda Item8. Agenda Item9. Agenda Item10. Agenda Item11. Agenda Item12. Agenda Item13. Agenda Item14. Agenda Item14. Resolution - Final Order of Determination Augmented Drainage Board (OMID)15. Agenda Item15. omi augmented legal notice invoice16. Agenda Item17. Agenda Item

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