HomeMy WebLinkAboutResolutions - 2011.09.22 - 18741MISCELLANEOUS RESOLUTION #11232
BY: Commissioners Mike Gingell, District # 3; David Potts, District 420; :rim Nash,
District 415, Bill Dwyer, District 4 14
RE: Resolution In Support of Regional Transit Authority
TO: The Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS southeastern Michigan's Regional Transportation Authority, the Regional
Transit Coordinating Council (RTCC), was established by the Michigan Legislature in
1967 P.A. 204 (Act 204); and
WHEREAS Act 204 states that the RTCC was created for the purpose of establishing and
directing public transportation policy within its metropolitan area, an area that today
includes the counties of Macomb, Monroe, Oakland and Wayne; and
WHEREAS the Legislature explicitly provided that the RTCC be considered a
transportation authority for the sole purpose of receiving transportation operating and
capital assistance grants; and
WHEREAS the Legislature expressly denied the RTCC power to employ operating
personnel, denied the RTCC power to negotiate collective bargaining agreements with
operating personnel and denied the RTCC authority to own operating assets of a public
transportation service within the metropolitan area; and
WHEREAS the legislative restrictions placed on the RTCC striped it of any meaningful
ability to act as an effective regional transportation authority; and
WHEREAS an attempt unanimously supported by the Mayor of the City of Detroit, the
Chairperson of Macomb County Board of Commissioners and the County Executives of
Oakland County and Wayne County to replace the RTCC failed on December 30, 2002,
when then Governor Engler vetoed Enrolled House Bill 5467, a bill to create the Detroit
Area Regional Transportation Authority (DARTA); and
WHEREAS a second attempt to create a more effective regional transportation authority
was made on May 22, 2003 by the members of the RTCC, i.e. the Mayor of the City of
Detroit, the Chairperson of the Macomb County Board of Commissioners and the elected
Executives of both Oakland and Wayne Counties, who joined with then Governor
Granholm to create a new DARTA via the execution of an interlocal and
intergovernmental agreement; and
WHEREAS the American Federation of State, County and Municipal Employees
(AFSCME) objected to the state and local regional effort to form a new regional
transportation authority by suing, in 2003, the RICC and its members and asking the
Michigan Courts to declare the interlocal and intergovernmental null and void; and
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WHEREAS on July 5,2005, the Michigan Court of Appeals, in ASFCME v RTCC, c/at.,
declared the interlocal and intergovernmental agreement entered into by Governor
Granholm and the RTCC to be null and void because the agreement was not necessary
for the RTCC to receive transportation operating and capital assistance grants; and
WHEREAS subsequent attempts to amend Act 204 and cure the barriers identified by the
Court of Appeals in ASECVIE v RTCC, ci al., to RTCC participation in a DARTA
interlocal and intergovernmental agreement failed in 2005 and 2006 after the Governor's
Office failed to follow-through on promised support; and
WIIEREAS in June 2006, acting pursuant to authority granted in Act 204 to develop and
adopt public transportation plans for its metropolitan area, the RTCC Board unanimously
directed its General Manager to develop a Detroit Area Regional Mass Transit Plan: and
WHEREAS, supported by state and federal grant funding, the RTCC developed a
comprehensive regional transportation plan for the metropolitan area and that plan,
attached hereto and incorporated herein, was unanimously adopted by the RTCC on
December 8, 2008; and
WHEREAS the adopted RTCC Comprehensive Regional Transit Service Plan
incorporates the following key elements:
(1) A review of current regional transit performance in Southeast Michigan; and
(2) An assessment and series of recommendations for proposed enhancements
and areas for improved coordination of services for the three prominent
service providers in the region: DDOT, SMART, and DTC (People Mover);
and
(3) A recommendation for a phased approach to implementation of a new
Regional Transit Network consisting of a mix of enhancements to existing
services, Arterial Rapid Transit, Bus Rapid Transit, Light Rail, and Commuter
Rail. The adopted plan provides that corridors will move to a higher level of
service if and only if ridership warrants the improvements and if state and
local funding mechanisms are established to support those improvements and
if density characteristics are sufficient to leverage the Federal funds needed
for capital construction; and
WHEREAS in adopting the Comprehensive Plan, the RTCC specifically noted that the
viability of the Comprehensive Regional Transit Service Plan was dependent upon future
legislative actions including, a.) the legislative establishment of a regional authority to
run the system, b.) the legislative establishment of state and local funding mechanisms
requiring a vote of the People for adoption, and c.) the identification and adoption of
funding sources for both operating and capital costs and a federal match on capital costs.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners calls upon the Michigan Legislature and Governor to enact legislation
that establishes an effective regional transportation authority l'or southeastern Michigan,
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Chairperson, we move adoption of the foreoing resolution.
David W.1171t.t, .s4irrict #20
Bill Dwyer,TIVStrici 414 .1),11 Nash, District #15
that support the RTA and transit system by establishing state and local funding
mechanisms adopted by a vote of the People and that those funding sources be eligible
for federal matching tbr both operating and capital purposes.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall send copies of this
resolution to the Governor of the State of Michigan, the Speaker of the House, the Senate
Majority Leader and to all of the Members of the Oakland County Michigan Legislative
Delegation.
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Resolution #11232 September 22, 2011
Moved by Dwyer supported by Potts to suspend the rules and vote on Miscellaneous Resolution #11232
— Resolution in Support of Regional Transit Authority.
Vote on motion to suspend the rules:
AYES: Matis, McGillivray, Middleton, Nash, Potts, Quarles, Taub, Weipert, Woodward, Zack, Covey,
Dwyer, Gershenson, Gingell, Greimel, Hatchett, Hoffman, Jackson. (18)
NAYS: Long, Nuccio, Runestad, Scott, Bosnic, Gosselin. (6)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous
Resolution #11232 — Resolution in Support of Regional Transit Authority carried.
Moved by Dwyer supported by Potts the resolution be adopted.
AYES: McGillivray, Middleton, Nash, Potts, Quarles, Scott, Taub, Weipert, Woodward, Zack, Covey,
Dwyer, Gershenson, Gingell, Greimel, Hatchett, Hoffman, Jackson. (18)
NAYS: Matis, Nuccio, Runestad, Bosnic, Gosselin, Long. (6)
A sufficient majority having voted in favor, the resolution was adopted.
AV APPROVE THE FOREGOING. RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
September 22, 2011, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 22nd day of September, 2011.
PLU aQ4.
Bill Bullard Jr., Oakland County