Board adopts special assessment rolls to maintain seven lake-level control structures; owners given 15 days to object

The Newaygo County Board of Commissioners adopted seven resolutions on May 14 approving special assessment rolls and the computation of costs to maintain lake-level control structures on seven county lakes.

Why this matters: The resolutions set assessment rolls that fund attorney, engineering, maintenance and notification costs for lake-level control structures. County staff said the assessments average about $50 per landowner and noted that property owners within each affected assessment district received mailed notice before the vote.

What the board approved: The board approved near-identical resolutions for Brooks Lake, Fremont Lake, Hess Lake, Nuego (Nuego/Nuevo) Lake, Robinson Lake, Ryerson Lake and Sand Lake. The resolutions authorize the Newaygo County Drain Commissioner to maintain the control structures and outlined a cost allocation methodology that includes legal and engineering fees, maintenance and notification costs.

Discussion and procedures explained at the meeting: County staff and commissioners explained that many lake-level orders date from the 1970s and the drain office pursued updated court orders to align operations with current law and practices. Staff said if the board signs the resolutions, landowners will have a 15-day period to contest the assessment; historically, an owner or a majority petition can ask the circuit court to review a lake-level order, but petitioning landowners bear the cost of the engineering and study required to change an order. County staff also said the drain commissioner may spend up to $10,000 to adjust a lake level without initiating an assessment; amounts above that are assessed to the lake district.

Sand Lake questions: Commissioners asked why Sand Lake uses a well and pump to maintain lake level and why the drain office pays electric costs for that pump. County staff said Sand Lake’s structure and operations differ from other lakes and that historical engineering decisions and court orders established the pump and well; the board did not change the operation in the meeting.

Votes and outcome: Each resolution was moved and adopted with the board voice vote recorded as “Aye.” No roll-call breakdown was entered into the minutes during the meeting; staff said there was minimal public pushback at finance committee hearings prior to the board meeting.

Ending: County staff said the adopted court orders will remain in effect until a subsequent court challenge or modification and that property owners retain the ability to petition the circuit court (typically requiring a petition by a majority of landowners and the deposit of associated engineering costs).