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HomeMy WebLinkAboutResolutions - 2016.08.31 - 22566MISCELLANEOUS RESOLUTION #.16231 BY: Commissioner David Woodward, District #19; Commissioner Gary McGillivray, District #20; Commissioner Wade Fleming, District #16 IN RE: BOARD OF COMMISSIONERS — PILOT LOCAL ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2016 APPROPRIATION — CITY OF ROYAL OAK — RECONSTRUCT PORTIONS OF MEIJER DRIVE PROJECT NO. 2016-28 To the Oakland County Board of Commissioners: Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners has authorized the Pilot Local Road Improvement Program to assist Oakland County's cities and villages with the construction, maintenance and repair of roads under the supervision, direction and control of cities and villages; and WHEREAS Miscellaneous Resolution #16103 provides that any Oakland County appropriation in support of the Pilot Local Road Improvement Program shall be distributed only after completion of all of the following: 1. The municipality has fully completed and returned the standard project application form approved by the Local Road Improvement Program Subcommittee; and 2. The municipality has submitted a statement detailing that the project will fulfill the requirement of encouraging and assisting businesses to locate in the county, as required in MCL 123.872; and 3. The municipality has agreed to comply with the provisions of MCL 123.872 that require that a report shall be submitted to the Board of Commissioners outlining the project activities and the degree that the municipality has met the stated purpose of the project; and 4. The municipality has agreed to comply with policies and procedures of the program as approved by the Board of Commissioners including supplementary policies approved by the Local Road Improvement Program Subcommittee; and 5. The Local Road Improvement Program Subcommittee of the Finance Committee has reviewed and recommended approval of the application; and 6. The Commissioner(s) representing the city or village requesting the project submits a resolution authorizing the appropriation of the County's maximum 50% share of the project from the General Fund Designated Fund Balance for Pilot Local Road Improvement Program. The resolution shall be approved by the Finance Committee and the full Board; and 7. A public hearing on the proposed project is conducted during a meeting of the Board of Commissioners; and 8. The municipality has approved and executed a cost participation agreement prepared by Corporation Counsel in accordance with requirements provided in the policies and procedures of the program as approved by the Board of Commissioners including supplementary policies approved by the Local Road Improvement Program Subcommittee; and 9. The municipality submits an invoice to the county in accordance with the conditions included in the cost participation agreement; and WHEREAS the City of Royal Oak has identified a project and submitted an application detailing the goals and outcomes of the project; and WHEREAS the City of Royal Oak has demonstrated that it has available funding equal to a minimum of 50% the project costs; and WHEREAS Oakland County's share of the Fiscal Year 2016 authorized amount of the Local Road Improvement Program funding for Project No. 2016-28 in the City of Royal Oak is $77,231; and WHEREAS a public hearing regarding the project has been held before the Board of Commissioners in accordance with the requirements of MCL 123.872; and WHEREAS upon review of the project application, the Board of Commissioners has determined that the completion of the project will encourage and assist businesses to locate in Oakland County. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the project submitted by the City of Royal Oak and authorizes the release of Local Road Improvement Program funds from the Oakland County Designated Fund Balance. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to execute the cost participation agreement with the City of Royal Oak prepared by Corporation Counsel for the Pilot Local Road Improvement Program Project No. 2016-28. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to Oakland County Fiscal Services and the City of Royal Oak. Chairperson, I move the adoption of the foregoing Resolution. Commigsionfr Gary McGillivray, District #20 Commission& David Woodward! District #19 Commissioner Wade Flemin District #16 LOCAL ROAD IMPROVEMENT MATCHING FUND PILOT PROGRAM COST PARTICIPATION AGREEMENT Reconstruct Portions of Meijer Drive City of Royal Oak Board Project No. 2016-28 This Agreement, made and entered into this day of , 2016, by and between the Board of Commissioners of the County of Oakland, Michigan, hereinafter referred to as the BOARD, and the City of Royal Oak, hereinafter referred to as the COMMUNITY, provides as follows: WHEREAS, the BOARD has established the Pilot Local Road Improvement Matching Fund Program, hereinafter the PROGRAM, for the purposes of improving economic development in Oakland County cities and villages. The terms and policies of the PROGRAM are contained in Attachment A. The BOARD intends the PROGRAM to assist its municipalities by offering limited funds, from state statutory revenue sharing funds, for specific, targeted road maintenance and/or improvement projects on roadways under the jurisdiction of cities and villages; and WHEREAS, the BOARD shall participate in a city or village road project in an amount not exceeding 50% of the cost of the road improvement, hereinafter referred to as the PROJECT, and also not exceeding the Preliminary Distribution Formula as it relates to the COMMUNITY, (Attachment B); and WHEREAS, the COMMUNITY has identified the PROJECT as the Reconstruct Portions of Meijer Drive, as more fully described in Attachment C, attached hereto, and made a part hereof, which improvements involve roads under the jurisdiction of and within the COMMUNITY and are not under the jurisdiction of the Road Commission for Oakland County or state trunk lines; and WHEREAS, the COMMUNITY has acknowledged and agreed to the BOARD's policies regarding the PROGRAM, Attachment A, and further acknowledge and agree that the PROJECT's purpose is to encourage and assist businesses to locate and expand within Oakland County and shall submit a report to the BOARD identifying the effect of the PROJECT on businesses in the COMMUNITY at the completion of the PROJECT. In addition, the COMMUNITY acknowledges that the program is meant to supplement and not replace funding for existing road programs or projects; and WHEREAS, the COMMUNITY has acknowledged and agreed that the PROGRAM is expressly established as a pilot program and there is no guarantee that the PROGRAM will be continued from year to year. The COMMUNITY further acknowledges and agrees that if the PROJECT is a multi-year road improvement project, the maximum number of years for the PROJECT funding is three (3) years, although the BOARD anticipates that most PROJECT's funded under the PROGRAM will be completed by the end of calendar-year 2017 1 and there is no obligation on behalf of the BOARD to fund either the PROJECT or the PROGRAM in the future; and WHEREAS the COMMUNITY has acknowledged and agreed that the COMMUNITY shall assume any and all responsibilities and liabilities arising out of the administration of the PROJECT and that Oakland County shares no such responsibilities in administering the PROJECT; and WHEREAS, the estimated total cost of the PROJECT is $1 1 0401 000; and WHEREAS, said PROJECT involves certain designated and approved Local Road Improvement Matching Funds in the amount of $77 1 231 1 which amount shall be paid to the COMMUNITY by the BOARD; and WHEREAS, the BOARD and the COMMUNITY have reached a mutual understanding regarding the cost sharing of the PROJECT and wish to commit that understanding to writing in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and in conformity with applicable law and BOARD resolution(s), it is hereby agreed between the COMMUNITY and the BOARD that: 1. The BOARD approves of the PROJECT, and in reliance upon the acknowledgements of the COMMUNITY, finds that the PROJECT meets the purpose of the PROGRAM. 2. The BOARD approves of a total funding amount under the PROGRAM for the PROJECT in an amount not to exceed $77,231, The COMMUNITY shall submit an invoice to the COUNTY in the amount of $77,231, addressed to Lynn Sonkiss, Manager of Fiscal Services, Executive Office Building, 2100 Pontiac Lake Road, Building 41 West, Waterford, MI 48328, upon execution of this Agreement. Upon receipt of said invoice, the BOARD shall pay the COMMUNITY the sum of $77,231 from funds available in the PROGRAM. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first written above, OAKLAND COUNTY BOARD OF COMMISSIONERS By: Its: COMMUNITY By: It's: Attachment "A" PILOT LOCAL ROAD IMPROVEMENT MATCHING FUND PROGRAM STATEMENT OF PURPOSE Oakland County Government recognizes that Michigan law places the primary responsibility for road funding on the State and non-county local units of government. However, the County also recognizes that the law does permit a limited, discretionary role for the County in assisting a road commission and local units within a county by supporting some road maintenance and improvement efforts. Accordingly, for many years Oakland County has voluntarily provided limited assistance to its cities, villages and townships (CVT's) and to the Road Commission of Oakland County (RCOC) by investing in a discretionary Tr-Party Road Program. Authorized under Michigan law, the County's tri-party funding contributions primarily facilitate safety improvement projects on CVT roads under the jurisdiction of the RCOC. By law, tri-party funds cannot be used to fund projects on roads solely under the jurisdiction of CVT's. Recognizing a continuing need to better maintain local CVT streets and roads, yet being ever mindful of the County's limited responsibility for and jurisdiction over non-county roads and streets, Oakland County Government wishes to pilot a discretionary program that is more flexible than the current Tr-Party Road Program, one that will allow Oakland County to assist its cities and villages with maintenance and safety projects on non-county roads. Not being the funding responsibility of County government, local CVT roads generally cannot be maintained or improved using county funds because doing so would be considered to be the ''gifting" of County resources. However laudable the purpose, Michigan law generally forbids the gifting of government resources. To avoid application of the constitutionally-based gifting restriction, the state legislature must, and in this arena has, determine that a public benefit results from a taxpayer investment, one that provides a quid pro quo sufficient to avoid application of the gifting prohibition. Here, the legislature has determined that the economic development benefit presumed to accrue to a county as a result of local street and road investments can provide a sufficient quid pro quo to county taxpayers justifying a discretionary county investment in a non-county road, a benefit that constitutes a fair exchange for value and not a gift. This legislative determination is set forth in 1985 P.A. 9, which amended 1913 P.A. 380, by adding a new section 2, which in pertinent part provides: "(1)...A county may grant or loan funds to a township, village or city located within that county for the purpose of encouraging and assisting businesses to locate and expand within the county... (2) A loan or grant made under subsection (1) may be used for local public improvements or to encourage and assist businesses in locating or expanding in this state, to preserve jobs in this state, to encourage investment in the communities in this state, or for other public purposes." Communities that wish to attract, retain and grow business, retain jobs and encourage community investment, needs a safely maintained road infrastructure. This road infrastructure must include both residential and commercial roads as workers and consumers need to get to and from work, shopping, schools and recreation. In a fiscally prudent and limited manner, the County wishes to help its cities and villages accomplish this objective by test-piloting a new local road improvement matching fund program. Any such program must be mindful of the limits imposed under Public Act 9. One important restriction Public Act 9 imposed on grants or loans made pursuant subsection 2 of the Act is the mandate that, "A grant or loan under this subsection shall not be derived from ad valorem taxes except for ad valorem taxes approved by a vote of the people for economic development." This means that funding for an expanded local road assistance program cannot utilize proceeds from any of Oakland County's ad valorem tax levies since no levy has been approved by voters specifically for economic development. Given this limitation, it appears that the state statutory revenue sharing appropriated to the County can provide a non-ad valorem source of funds that legally can be used to support the pilot program. Competition for those funds, which are limited in amount, is fierce and their yearly availability is subject to the state legislative process. In the recent past, the State stripped all of those funds away from Michigan counties. Understanding that reality, it shall be the policy of the Oakland County Board of Commissioners that the Board shall not appropriate any county funds for a local road improvement matching fund program for non- county roads in any year where the State of Michigan fails to appropriate statutory revenue sharing funds to Oakland County in an amount sufficient to allow the County to first prudently address its core functions. Act 9 imposes additional conditions on grants and loans. These include requirements that the loan or grant shall be administered within an established application process for proposals; that any grant or loan shall be made at a public hearing of the county board of commissioners and that the Board shall require a report to the county board of commissioners regarding the activities of the recipient and a report as to the degree to which the recipient has met the stated public purpose of the funding. Understanding all of the above, the Oakland County Board of Commissioners hereby establishes the following Pilot Local Road Improvement Matching Fund Program: PROGRAM SUMMARY The Board of Commissioners establishes a Pilot Local Road Improvement Matching Fund Program for the purposes of improving economic development in Oakland County cities and villages. The County intends this Program to assist its municipalities by offering limited matching funds for specific, targeted road maintenance and/or improvement projects on roadways under the jurisdiction of cities and villages. A city or village participating in the Local Road Improvement Matching Fund Program shall match any fund authorized by the Board of Commissioners in an amount equal to a minimum of 50% of the cost of the total project award. County participation shall be limited to a maximum of 50% of the cost of the total project budget. Funding shall be utilized to supplement and enhance local road maintenance and improvement programs. Funding is not intended to replace existing budgeted local road programs or to replace funding already committed to road improvements. PROJECT GUIDELINES Program funding shall be utilized solely for the purposes of road improvements to roads under the jurisdiction of local cities and villages. Road improvements may include, but not be limited to, paving, resurfacing, lane additions or lengthening, bridges, or drainage as such improvements relate to road safety, structure or relieving congestion. Program funding: May be utilized to supplement a local government's matched funding for the purposes of receiving additional federal transportation funding; May not be utilized to fulfill a local government's responsibility to fund improvements to state trunklines; Shall be limited to real capital improvements to roadways and shall not be utilized for other purposes, such as administrative expenses, personnel, consultants or other similar purposes; Shall not be utilized for non-motorized improvements, unless these improvements are included in a project plan for major improvements to a motorized roadway; Shall be utilized for projects that will result in a measurable improvement in the development of the local economy and contribute to business growth. Recipients shall be responsible for providing an outline of the economic benefits of the project prior to approval and for reporting to the Board of Commissioners after the completion of the project on the benefits achieved as a result of the projects. ADMINISTRATION Local Road Improvement Matching Fund Program projects may be appropriated by the Board of Commissioners in compliance with the County budget process. The amount of funds to be dedicated for the Pilot Program shall be determined by the Board of Commissioners on an annual basis. Program funding may be reduced or eliminated based upon the ability of the County government to meet primary constitutional and statutory duties. The Board of Commissioners expressly reserves the right to adjust the County matching funds share at any time based upon County budget needs. In accordance with MCL 123.872, funds dedicated to the Local Road Improvement Matching Fund Program shall not be derived from ad valorem tax revenues. Program funding shall be limited to funds derived from the County's distribution from the Michigan General Revenue Sharing Act. Reduction or elimination of the County's distribution of revenue sharing funds may result in the elimination or suspension of the program. Funding availability shall be distributed based upon a formula updated annually. The formula will consist of: 1. A percentage derived from the number of certified local major street miles in each city and village divided by aggregate total of certified local major street miles of all cities and villages in the county. 2. A percentage derived from the population of each city and village as determined by the last decennial census conducted by the U.S. Census Bureau divided by the aggregate total population of cities and villages in the county. 3. A percentage derived from the three year rolling total of the number of crashes on city and village major local streets divided by the aggregate three year rolling crash numbers for all city and village major local streets. The crash data will be supplied by the Road Commission for Oakland County using data from the Traffic Improvement Association. Each city and villages percentage allocation shall be determined by adding each factor percentage and dividing that total by three. The amount of funds available for match shall be determined by the total amount of funds allocated by the Board of Commissioners added to an equal amount representing the match provided by local cities and villages. The Chairman of the Finance Committee of the Board of Commissioners shall establish a Subcommittee on the Local Road Improvement Program. This subcommittee shall consist of three members, with two members representing the majority caucus and one member representing the minority caucus. It shall be the responsibility of the Subcommittee to direct the administration of this program, receive applications for program funding and make recommendation of acceptance to the Finance Committee and Board of Commissioners. The Subcommittee may consult with county departments, staff and the Road Commission for Oakland County in the conduct of its business. DISBURSEMENT The Subcommittee shall forward recommendations for approval of Local Road Improvement Matching Fund Program projects to the Chairman of the Board of Commissioners. This recommendation shall include a cost participation agreement between the County and participating municipality. Minimally, cost participation agreements shall include: responsibility for administering the project, the project location, purpose, scope, estimated costs including supporting detail, provisions ensuring compliance with project guidelines, as well as disbursement eligibility requirements. The cost participation agreement shall also require the maintenance of supporting documentation to ensure compliance with the following provisions: 1. Any and all supporting documentation for project expenditures reimbursed with appropriated funding shall be maintained a minimum of seven years from the date of final reimbursement for actual expenditures incurred. 2. The Oakland County Auditing Division reserves the right to audit any and all project expenditures reimbursed through the program. Upon receipt of recommendation of project approval from the Subcommittee, the County Commissioner or Commissioners, representing the area included in the proposed project, may introduce a resolution authorizing approval of the project and the release of funds. Resolutions shall be forwarded to the Finance Committee of the Board of Commissioners, who shall review and issue a recommendation to the Board on the adoption of the resolution. The Chairperson of the Finance Committee shall schedule a public hearing before the Board of Commissioners prior to consideration of final approval of the resolution. The deadline for projects to be submitted for consideration shall be established by the Subcommittee. The Subcommittee may work with participating municipalities to develop a plan for projects that exceed that municipality's annual allocation amount. This may include a limited plan to rollover that municipality's allocation for a period of years until enough funding availability has accrued to complete the project, subject to funding availability. Upon completion of project plans and execution of the local participation agreement by the County and governing authority of the local municipality, the participating municipality shall submit an invoice in accordance with the terms and conditions included in the agreement. The Oakland County Department of Management and Budget Fiscal Services Division shall process payments in accordance with policies and procedures as set forth by the Department of Management and Budget and the Oakland County Treasurer. In the event an eligible local unit of government chooses not to participate in the Local Road Improvement Matching Fund Program, any previously undistributed allocated funding may be reallocated to all participating local units of government in accordance with the formula included in this policy. At the completion of each project, the participating local government shall provide a report to the Board of Commissioners regarding the activities of the recipient and the degree to which the recipient has met the stated public purpose of the funding as required by MCL 123.872. LOCAL ROAD IMPROVEMENT SUBCOMMITTEE FINANCE COMMITTEE, OAKLAND COUNTY BOARD OF COMMISSIONERS Provision regarding existing funded local road programs and projects. The standard project agreement shall require participating municipalities to acknowledge that the Local Road Improvement Program is meant to supplement and to not replace funding for existing road programs or projects. Fulfillment of economic benefit provisions of MCL 123,872. The Pilot Local Road Improvement Program has been established by the Oakland County Board of Commissioners under the authority granted by MCL 123.872, which provides that "A county may grant or loan funds to a township, village or city located within that county for the purposes of encouraging and assisting businesses to locate and expand within the county". It shall be the responsibility of the municipality to outline the extent to which the project included in their application will meet these standards. The Subcommittee shall only consider projects that meet the standards provided in MCL 123.872. The standard project agreement shall include a provision requiring the participating municipality to fulfill the statutory requirement included in MCL 123.872 that, "the grant or loan contract made by county shall require a report to the county of board of commissioners regarding the activities of the recipient and the degree to which the recipient has met the stated purpose of the funding." Multi-year projects. The Local Road Improvement Program has been expressly established as a pilot program. There is no guarantee the program will be continued from year to year. The Subcommittee recognizes that the allocation authorized for local governments may not provide adequate funding in a single year to allow a project to move forward. Local governments shall be offered the opportunity to submit project plans that would necessitate the accumulation of multiple years of the community's allocation amount to fulfill the county's share of a project budget. A multi-year project plan submittal shall not exceed three years in duration. The allocation amount available to each community is subject to change annually based upon the factors utilized in the formula. Consideration of multi-year project plans does not obligate Oakland County in any way to funding any project or program in the future. These plans are meant to be utilized for planning purposes and for consideration by the Oakland County Board of Commissioners regarding authorizing a limited carryover of a community's allocation year to year. Completion of projects and submittal of post-project report. The standard cost participation agreement shall include a provision requiring the municipality to complete the project and submit the required post-project completion report prior to the end of the next calendar year following the date of project approval. An alternative schedule may be approved for a project by action of the Board of Commissioners, upon recommendation of the Subcommittee. PRELIMINARY DISTRUBUTION FORMULA OAKLAND COUNTY LOCAL ROAD IMPROVEMENT PILOT PROGRAM , otwookar-,----J.::, 32.33 4. A • (mirz 21,412 .' zsic::::,:::tio-A: 230% „,diami,:nsigo6og...:=u-go. 236 1.34% 2_99% ,_ -.-70 $59,793 ,,-R7 . aiiiik.fl $29,877 Auburn Hilts Berkley 15.63 2.33% 14,970 1.96% 55 0.31% L5354 $30,483 $15,342 Beverly Hills 10.99 1.69% 13,217 1.34% 40 0.7351, 1.0754 $22,398 $10,699 Bingham Farms 102 0.15% 1,111 0.15% 59 0.31% 0.20% $4,025 $2,013 Birmingham 71.87 3.26% 20,103 2.63% 583 3.29% 3.36% $61,196 $30,598 Bloomfield 9104 8.83 1.32% 3,869 3.51% 235 1.33% 1.05% $21,039 $10,520 Clarkston 1.48 1122% 882 0.12% 37 4.21% 0.18% 43,640 $1,520 Clawson 9.62 1.44% 11,825 1.55% 134 0.76% 1.23% $24,960 $12,480 Farmington 7.38 1.13% 10,372 536% 183 1.04% 1.16% $23,204 $11,642 Farmington Hills 5835 8.71% 79,740 10.43% 1955 1108% 1047% $201,435 $100,746 Ferndale 20.99 3.13% 19,900 2.60% 219 1.24% 2,33% $46,513 $23,257 Frahldirt 434 0.65% 3,1513 0.41% 45 0.27% 0.44% $8,878 $4,439 Havel Park 17.12 7_55% 16,422 2.15% 188 1.06% 1.92% $33,445 $19,223 Holly 7 1.04% 6,085 0.50% 83 0.47% 0.77% $15,421 $7,711 Huntington Woods 6.95 1.04% 5,238 0.22% se 0.33% 0.73% $14,533 $7,267 Keego Harbor 1.93 474% 2,970 039% 80 0.48% 138% $7,547 $3,774 Lake Angelus o 0.00% 290 0.04% 22 012% 0,35% '1,0341 $542 Lake Orion 2.74 0.41% 2,973 0.39% 123 0.73% 030% 69,980 $4,990 Lathrttp Village 7,30 1.10% 4,075 0.53% 183 1.05% 0.89% 417,867 $8,934 Leonard 2-34 035% 403 0.135% 4 032% 0.14% $1317 $1,409 Madison Heights 215 3.21% 29,694 3.89% 745 4.27% 3.77% $75,431 $37,716 Milford 7.3 1.09% 5,175 0.81% 108 3.61% 0.84% $16,716 $8,358 Northville. 0.3 0-12% 5,970 5.78% 349 0.52% 051% $10.110 $5,005 Novi 3452 6.30% 55,224 7.23% 1313 7,44% 6.36% $137,104 $68,512 Oak Park 18.35 7.79% 29,319 3.84% 275 156% 2.71% $54,270 $27,110 Orchard Lake 1.8 0.27% 2,375 0.3113 120 3.65% 3.42% $8,397 $4,199 Ortonville 3.21 0.48% 1,442 0.19% 40 0.23% 330% $5,962 42,951 Oxford 6.01 0.913% 3,435 335% 107 46054 165% $13,006 $6,503 Pleasant Ridge 3.59 034% 2,525 0.33% 145 452% 0.56% $11,259 $5,527 Pontiac 70.21 1447% 59,515 7.73% 1,364 7.16% 648% $165,307 $89,754 Rochester &se 1.28% 13,711 1.66% 245 1,5551 1.94% $28,874 $14,440 Rochester Hills 3861 5.76% 75,935 9.23% 1945 1102% 8,69% $173,830 $85,915 Royal Oak 63.96 934% 57,236 7.49% 1083 4,14% 7.72% 6154,461 $77,231. South Lyon 4.43 0.56% 11,327 1.48% 194 0.81% 0.99% $33,717 $9,559 Southfield 64.71 9.65% 71,739 9.39% 2452 13.90% 13.95% $225,625 $109,813 Sylvan Lake 2.58 0.35% 1,770 0.2397 66 035% 0.33% $6,574 $3,287 Troy 57.34 9.55% 84,980 10.61% 2343 13.25% 13,01% $216.0u $108,106 Walled Lake 5.34 0.85% 6,999 192% 153 027% 3.86% $17,222 $5,6041 Wixom 15.49 1-56% 13,498 1.77% 4138 2.31% 1.88% $37,628 412,614 Wolverine 3.69 0.55% 4,312 156% 57 033% 0.45% $9398 $4,799 TOTAL 670.29 150.0051 744,251 155.20% 17,630 100.00% 100.00% $2,000,000 $1,005,000 ATTACHMENT C Pilot Local Road Improvement Matching Fund Program Reconstruct Portions of Meijer Drive City of Royal Oak Board Project No. 2016-28 Reconstruct portions of Meijer Drive: remove pavement, excavate subsoils, install new underdrains, install new aggregate road base, integral curb, construct ADA sidewalk ramps, install new pavement striping for lane markings, crosswalks and restore landscaping. ESTIMATED PROJECT COST Reconstruct portions of Meijer Drive $1,040,000 COST PARTICIPATION BREAKDOWN COMMUNITY BOARD TOTAL TOTAL COST $962,769 $77,231 $1,040,000 BOARD OF COMMISSIONERS 1200 N. Telegraph Roatl Pontiac, MI 48341-047.5 Phone: (248) 858-MO Fax: (248) 858-1572 2016 APPLICATION FORM LOCAL ROAD IMPROVEMENT MATCHING FUND PILOT PROGRAM Background: Oakland County has established a Local Road Improvement Matching Fund Pilot Program for the purposes of improving economic development in Oakland County cities and villages. The County intends this Program to assist its municipalities by offering limited matching funds for specific, targeted road maintenance and/or improvement projects on roadways under the jurisdiction of cities and villages. Project Policies and Guidelines: The Oakland County Board of Commissioners and the Local Road Improvement Subcommittee has established policies, procedures and guidelines for project consideration. These documents have been included as Attachment "A'. Available Funding: Oakland County's maximum contribution for projects in eligible cities or villages has been established within the distribution formula included as Attachment B. Required Matching Funds: A city or village participating in the Local Road Improvement Matching Fund program shall match any funds authorized by the Oakland County Board of Commissioners in an amount equal to a minimum of 50% of the cost of the total project award. Funding shall be utilized to supplement and enhance local road maintenance and improvement programs. Funding is not intended to replace existing budgeted local road programs or to replace funding already committed to road improvements. REQUESTING LOCAL GOVERNMENT MUNICIPALITY City of Royal Oak CONTACT PERSON Matthew J. Callahan, RE Holly Donoghue, P.E. TELEPHONE NUMBER 248.246.3260 E-MAIL ADDRESS mattc@romi.gov hollyd@ronni.gov CITY/ZIP Royal Oak, MI 48067 STREETADDRESS 211 Williams Street PROJECT INFORMATION SHORT DESCRIPTION OF PROJECT Reconstruct the east-west and north-south sections of Meijer Drive in the City of Royal Oak between Coolidge Hwy. and Torquay Blvd. ROAD/ROAD(S) TO BE IMPROVED Meijer Drive in the City of Royal Oak between Coolidge Hwy. and Torquay Blvd. DESCRIPTION Meijer Drive is a 41' wide composite road that serves as access for several business, industrial and institutional properties including Meijer store currently being renovated, an emergency medical facility, DTE substation, Oakland County Schools Technical Center as well as several smaller businesses. Meijer drive also serves as a collector and connection between Coolidge Highway, which is a principal arterial roadway and Delemere Blvd. which has primarily light industrial and other small businesses. Meijer drive also serves as a collector and connection between Coolidge Highway and Crooks Road. The portion of Meijer Dr. that is in the City of Troy has primarily light industrial and other small businesses. The Troy portion of Meijer was reconstructed several years ago. This section of road sees a variety of traffic types including numerous regular multi-axel trucks. The section of Meijer Drive in Royal Oak was originally constructed by Meijer in the mid 1970s as a concrete roadway. It has been overlaid twice since that time to preserve and extend the life of the pavement. Traffic and weather has certainly taken a toll on the roadway. Recent pavement condition assessments revealed a failure of the original concrete pavement that serves as the road base. Also, the original stone base and underdrains are no longer performing properly. At the current time, the road is in very poor condition and has a Paser Rating of 1. It is undeniably one of the worst roads in Royal Oak. PROJECT BUDGET FUNDING REQUESTED $77,231 LOCAL MATCH $962,769 TOTAL PROJECT BUDGET $1,040,000 DESCRIPTION OF PROPOSED PROJECT EXPENDITURES Remove existing road pavement section. Excavate subsoils for new aggregate road base. Install new underdrains. Reset, adjust and reconstruct existing storm drainage as needed. Install new aggregate road base. Install 10" non-reinforced concrete pavement with integral curb. Construct new ADA sidewalk ramps where existing and proposed sidewalks will meet new pavements. Install new pavement striping for lane markings and crosswalks. Restore landscaping. ECONOMIC IMPACT OF PROJECT The Local Road Improvement Pilot Program has been established under MCL 123,872, the Gifts of Property Act, which provides that "A county may grant or loan funds to a township, village, or city located within that county for the purpose of encouraging and assisting businesses to locate and expand within the county," DESCRIBE HOW THE PROJECT MEETS THE STATUTORY REQUIRMENT OF ENCOURAGING AND ASSISTING BUSINESS TO LOCATE AND EXPAND IN THE COUNTY Royal Oak is an older community with very little undeveloped property. Most of the commercial development in our city is actually redevelopment of existing building and land. Roadways that serve the unique and distinct commercial or industrial areas lend to the viability and desirability of these areas. Esthetically, new roadways, sidewalks and landscaping are generally inviting, and in commercial and industrial areas can soften the harshness of land where often there is little green space. The very first impression of a developer is an assessment of the roadways that serve the property, often even before they see the building. Poor road conditions make travel to the site undesirable not just from a delivery standpoint but also from a customer perspective. Location and access to adequate and suitable transportation is a main factor in choosing a business location. Poorly maintained transportation facilities reflect upon the community as a whole. As the owner of the road network, improving the roadways in commercial or industrial areas is a a key component to keeping existing businesses and attracting new/redevelopment. Roadway improvement is a major investment in a neighborhood that has been shown to promote and maintain viability and desirability regardless of whether it is commercial or residential. The condition of Meijer Drive in Royal Oak has spurned numerous complaints. Motorists often avoid this roadway due to the deteriorated conditions. The road is essentially being held together with pothole patch materials and is very uncomfortable to drive. In order for business to see value in reinvesting or to relocate, they require a reasonable expectation that their customer base will be improved. Meijer is actively marketing out-lots and according to the city's economic development director, having difficulty due to the poor road serving this site. OPTIONAL MULTI-YEAR PROJECT PLAN The Local Road Improvement Program has been expressly established as a pilot program. There is no guarantee the program will be continued from year to year. The Local Road Improvement Program Subcommittee recognizes that the allocation authorized for local governments may not provide adequate funding in a single year to allow a project to move forward. Local governments shall be offered the opportunity to submit project plans that would necessitate the accumulation of multiple years of the community's allocation amount to fulfill the County's share of a project budget. A multi-year project olan submittal shall not exceed three years in duration. The allocation amount available to each community is subject to change annually based upon the factors utilized in the distribution formula. Consideration of multi-year project plans does not obligate Oakland County in any way to fund any project or program in the future. These plans are meant to be utilized for planning purposes and for consideration by the Oakland County Board of Commissioners to authorize a limited carryover of a community's allocation year to year. DESCRIPTION OF MULTI-YEAR PLAN INCLUDING ESTIMATED PROJECT BUDGET AND CARRYOVER PERIOD OF COMMUNITY'S ALLOCATION This project is not part of a multi-year project. The Meijer Drive project is already programmed and budgeted for late 2016, and awarding this grant could see the funds put to immediate use as opposed to our other two application locations which are multi-year projects. it will be at least three years before any improvements will be made which certainly delays the desirable economic benefits from such an improvement. ADDITIONAL INFORMATION The Local Road Improvement Program Subcommittee of the Finance Committee of the Oakland County Board of Commissioners has been tasked with managing this program and making recommendations for project approval. Please supply any additional information you believe may be helpful in the consideration of your application. OPTIONAL ADDITIONAL INFORMATION Meijer Drive in Royal Oak has been identified as primary candidate for improvement. It is one of the city's highest priorities. The city is submitting five applications for this grant and if this location qualifies for the grant we would prefer that this application is selected above any other. REPORT FOLLOWING COMPLETION OF THE PROJECT MCL 123.872 requires that "the grant or loan contract made by a county shall require a report to the county board of commissioners regarding the activities of the recipient and the degree to which the recipient has met the stated public purpose of the funding". I, on behalf of the City of Royal Oak , have been provided with a copy of the Policies and Procedures of the Local Road Improvement Program (Attachment "A") and agree to comply with these terms and conditions. I, on behalf of the City of Royal Oak Digitally signed by Matthew J. Callahan Matthew J. Callahan Date: 2016.07.28 10:15:56 -04'00' 7/28/2016 Signature of Authorized Party Matthew J. Callahan RE. Printed Name and Title Date Please return completed application to: Local Road Improvement Subcommittee Oakland County Board of Commissioners 1200 N. Telegraph Road Pontiac, MI 48341-0475 A pdf copy of application can be emailed to: Chris Ward, Senior Analyst wardccPoakgov.com , understand and agree to comply with the requirement to provide the Oakland County Board of Commissioners with a report following the completion of an approved project outlining the degree to which the project met the stated purpose of the funding. Questions regarding the application and approval process should be directed to Chris Ward at the email address above or by phone at (248)858-0111 Resolution #16231 August 18, 2016 The Chairperson referred the resolution to the Finance Committee. There were no objections. Expenditures 9010101-153000-740085 Local Road Funding Program $77,231 Total Expenditures $1L231 FISCAL NOTE (MISC. *16231) August 31, 2016 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — PILOT LOCAL ROAD IMPROVEMENT PROGRAM FISCAL YEAR 2016 APPROPRIATION — CITY OF ROYAL OAK — RECONSTRUCT PORTIONS OF MEIJER DRIVE — PROJECT NO. 2016-28 TO: The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. On May 18, 2016, the Board of Commissioners (BOC) approved Miscellaneous Resolution *16103 which designated $1,000,000 in fund balance for the Local Road Improvement Matching Program for the purposes of improving economic development in Oakland County cities and villages. 2. Funding of $77,231 is available in the General Fund Assigned Fund Balance for Local Road Improvement Matching Program 2016 funding (account *383465) for project 2016-28. 3. This project is for the reconstruct portions of Meijer Drive: remove pavement, excavate subsoils, install new underdrains, install new aggregate road base, integral curb, construct ADA sidewalk ramps, install new pavement striping for lane markings, crosswalks and restore landscaping. 4. The FY 2016 budget be amended as follows: GENERAL FUND #10100 Revenue 9010101-196030-665882 FY 2016 Planned Use of Balance Total Revenues $77,231 $77,231 FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #16231 August 31, 2016 Moved by Kochenderfer supported by Quarles the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer, Kowall, Long, McGillivray, Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Dwyer. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Cpmmissioners on August 31, 2016, 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 31 st day of August, 2016.