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HomeMy WebLinkAboutResolutions - 2021.06.17 - 34701REPORT (MISC. #21213) June 17, 2021 BY: Commissioner Kristen Nelson, Chairperson, Legislative Affairs and Government Operations Committee IN RE: MR #21213 — BOARD OF COMMISSIONERS — FUNDING FOR OAKLAND COUNTY TOWNSHIPS TO REBUILD AND IMPROVE THE ROAD INFRASTRUCTURE IN SUBDIVISIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Legislative Affairs and Government Operations Committee, having reviewed the above -referenced resolution on June 8, 2021, reports to recommend adoption of the resolution with the following amendments: 1. Amend the NOW THEREFORE BE IT RESOLVED, as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners advocatesfoFthe Gat.. of Co nt„ a nds re. eiyed thr^ ..g., h the AMGFi aR R...,nup. Plan Apt an to rev tal ze neighborhoods calls upon President Biden and U.S. Treasury Secretary Janet Yellen to take action to amend the Interim Final Rule implementing and defining eligible uses of Coronavirus State and Local Fiscal Recovery Funds released under the American Rescue Plan to authorize state, county, and local governments to expend funds for badly needed repairs to local roads, including neighborhood and subdivision roads. 2. Amend the 1" BE IT FURTHER RESOLVED, as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon President B den and the U.S. Depakment of the TFeasury to qualify and allocate funds from th Amcr'n n Rescue Plan Ant wa .ie..eRde..t i .... nc= ge the Amer'GN lob OIAR L.F: st. nture ❑...-�.. t,. eti 3LI6 th3 mad Ir{r?CF ..t ,. .,.,,,.,. ,n subdiyisiens . unites .,.r Ass Amerea its delegation to Congress to address the lack of funding for badly needed repairs to neighborhood and subdivision roads as they deliberate upon road infrastructure legislation, 3. Amend the 2nd BE IT FURTHER RESOLVED, as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon the Governor of the State Of MiGhigan and the MiGhigan Department of the Treasury to allocate funds from the ArneriGan Rescue Plan AGt and eRd passing, the ArneFiGan job Plan Infra6truGture neighberhee and the Michigan Legislature to address the lack of funding for badly needed repairs to local subdivision roads and consider distributing subdivision roads allocation directly to Townships as they deliberate upon plans to expend state and federal funds for transportation infrastructure investments. Chairperson, on behalf of the Legislative Affairs and Government Operations Commove the yvt;�ZAacceptance of the foregoing report. Commissioner Kristen Nelson, District #5 Chairperson, Legislative Affairs and Government Operations Committee LEGISLATIVE AFFAIRS AND GOVERNMENT OPERATIONS COMMITTEE VOTE: Motion carried on a roll call vote with Gershenson voting no and Kochenderfer absent. MISCELLANEOUS RESOLUTION, 421213 BY: Commissioners Karen Joliet, District #4 and Chuck Moss, District #12 IN RE: BOARD OF COMMISSIONERS — FUNDING FOR OAKLAND COUNTY TOWNSHIPS TO REBUILD AND IMPROVE THE ROAD INFRASTRUCTURE IN SUBDIVISIONS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS America's roads are vital lifelines, but underfunding has resulted in over 43% of our public roads to be in poor or mediocre condition; and WHEREAS federal and state funds allocated for roads are released to counties, cities, and villages; however, townships receive minimal or no funding for road improvement or replacement; and WHEREAS Public Act 51 of 1951, as amended ("Act 51 ") created the Michigan Transportation Fund (MTF) to govern the distribution of revenue received from state -collected fuel taxes and vehicle registration as specified in the Michigan Constitution of 1963; and WHEREAS the Road Commission for Oakland County (RCOC) is responsible for more than 2,700 miles of roads and receives its principal source of funding from the MTF; and WHEREAS Oakland County has 25 townships with over 1,500 miles of paved roads, including subdivision roads that are over 30 to 40 years old in dire condition, deteriorating and crumbling, with no plan for replacement or major improvements; and WHEREAS the County's subdivision road improvements or replacements are not funded or eligible for funding through the Local Road Improvement Program or the Tri-Party Improvement Programs, nor the RCOC; and WHEREAS the RCOC owns and receives funding for the subdivision roads in townships; however, RCOC does not utilize or allocate funds to townships for special assessment district (S.A.D.) road improvement or replacement projects for subdivision roads; and WHEREAS to replace the deteriorating subdivision roads a S.A.D. (Public Act 246 of 1931) is established for road improvement or replacement and is initiated by or through the township that requiring 51% of homeowners in the neighborhood to sign and agree to the costs for the assessment of the new road construction (performed by RCOC); and WHEREAS as a result of the COVID-19 crisis, the S.A.D. process, which often requires going door-to-door in residential neighborhoods, has been seriously impeded; further, unemployment remains high and the costs of construction materials continue to escalate; and WHEREAS in Independence Township, Clarkston Gardens Subdivision, an example of the dilemma many subdivisions throughout Oakland County are experiencing, is encountering a proposed road replacement due to asphalt crumbling to the road's base level. The S.A.D. project is estimated at $2,435,145 at the expense of the homeowners, who will also pay for the required drainage and environmental improvements to the storm runoff flows; and WHEREAS according to the RCOC, the individual lot assessment for this project is $12,330 to $14,427 per homeowner, with an interest rate of 6% per year (higher than market rates) and a requirement to be paid in 10 years; and WHEREAS if a homeowner decides to sell their home with a remaining balance, a lien is placed on their home which creates an extremely difficult situation to sell the home; and WHEREAS the American Rescue Plan Act of 2021, which provides $1.9 trillion in funding and was approved by Congress in March of 2021, is expected to provide an estimated $5.6 billion to the state of Michigan; $1.8 billion to Michigan Counties (distribution to be based on population), and $686.4 million to Michigan "Non -Entitlement" local governments; and WHEREAS the proposed American Job Plan announced by President Biden, is projected to provide $2 trillion in funding, that includes an infrastructure package with $20 billion allotted for neighborhoods that has historically been excluded from transportation investments that reiterates the importance of neighborhood revitalization; and WHEREAS funding is critical to rebuild the deteriorating road infrastructures in subdivisions within the townships of Oakland County and is essential for community development, revitalization, and economic growth. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners advocates for the allocation of County funds received through the American Rescue Plan Act and contingent upon passing, the proposed American Job Plan — Infrastructure Package to Oakland County townships in order to rebuild and improve the road infrastructure in our subdivisions and to revitalize neighborhoods. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon President Biden and the U.S. Department of the Treasury to qualify and allocate funds from the American Rescue Plan Act and dependent upon passage, the American Job Plan — Infrastructure Package to rebuild the road infrastructure in subdivisions in communities across America. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon the Governor of the State of Michigan and the Michigan Department of the Treasury to allocate funds from the American Rescue Plan Act and pend passing, the American Job Plan — Infrastructure Package directly to townships to rebuild the road infrastructure in subdivisions and revitalize neighborhoods within Oakland County. BE IT FURTHER RESOLVED that the Board of Commissioners requests that the State of Michigan consider a reduction of the existing 6% annual interest rate specified in Public Act 51 of 1915 during the COVID-19 crisis and subsequent recovery period to reduce the hardship on homeowners for a special assessment for road improvements that will rebuild the road infrastructure in subdivisions, improve community development, revitalize neighborhoods, and support the economy. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the President of the United States, the U.S. Department of the Treasury, the Governor of the State of Michigan, the Michigan Department of the Treasury, the State Senate Majority and Minority leaders, the State House Speaker and Minority leader, the members of the Oakland County delegation to the Michigan Legislature, and the Road Commission for Oakland County. Chairperson, we movethe adoption of the foregoing resolution. co/m6issioner Karen oliat CommiChuck Moss District#4 District #12 Resolution #21213 May 26, 2021 The Chairperson referred the resolution to the Legislative Affairs and Government Operations Committee. There were no objections. Resolution #21213 June 17, 2021 Moved by Joliet seconded by Nelson the resolution be adopted. Moved by Nelson seconded by Joliet the Legislative Affairs and Government Operations Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Moved by Joliat seconded by Nelson the resolution be amended as follows: Strike and insert the following language in the 71h WHEREAS: WHEREAS the RCOC owns and receives funding for the subdivision roads in townships; however, RCOC does not atiAae receive adequate funding for subdivision roads or to allocate faads to townships for special assessment district (S.A.D.) road improvement or replacement projects for subdivision roads; and Strike and insert the following language in the 2nd BE IT FURTHER RESOLVED BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon the Governor and the Michigan Legislature to address the lack of funding for badly needed repairs to local subdivision roads and consider distributing subdivision roads allocation directly to Townships local agencies who have jurisdiction over subdivision roads as they deliberate upon plans to expend state and federal funds for transportation infrastructure investments. Vote on amendment: AYES: Jackson, Joliat, Kochenderter, Kowall, Kuhn, Long, Luebs, Markham, Miller, Moss, Nelson, Weipert, Woodward, Cavell, Charles, Gershenson, Gingell, Hoffman. (18) NAYS: McGillivray. (1) A sufficient majority having voted in favor, the amendment carried. Discussion followed. Vote on resolution, as amended: AYES: Joliat, Kochenderter, Kowall, Kuhn, Long, Luebs, Moss, Nelson, Weipert, Woodward, Cavell, Charles, Gershenson, Gingell, Hoffman. (15) NAYS: Markham, McGillivray, Miller, Jackson. (4) A sufficient majority having voted in favor, the resolution, as a e d, was ad to . I HERE -BY APPROVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, 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 Commissioners on June 17, 2021, 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 Circuit Court at Pontiac, Michigan this 17h day of June, 2021. Lisa Brown, Oakland County