HomeMy WebLinkAboutResolutions - 2022.11.17 - 37736
AGENDA ITEM: Resolution to Adopt MDOT Performance Resolution 22-390
COMMITTEE MEETING: Board of Commissioners
DATE: Thursday, November 17, 2022 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
DEPARTMENT SPONSORED BY
Water Resources Commissioner William Miller III
INTRODUCTION AND BACKGROUND
MDOT Required Permit for Operations within State Highway Right of Way
POLICY ANALYSIS
WRC is requesting approval of the Michigan Department of Transportation (MDOT) Performance Resolution for
Municipalities and authorization of the six (6) designated Chief Engineers (applications to be submitted) to work within
the MDOT’s rights of way on behalf of the County. MDOT requires a municipality to adopt its Performance Resolution
for Municipalities before it will allow a municipality or other public body to perform work within the right of way of any state
highway. The current permit expires on December 31,2022 (January 1, 2022, to December 31, 2022).
MDOT revised its forms and procedures in May of 2021 regarding Performance Resolutions for governmental
agencies. An annual permit is required to construct, operate, use and/or maintain utilities or other facilities, or to
conduct other activities, on, over, and under state highway rights of way at various locations within and adjacent to its
corporate boundaries. The state requires that a new resolution be adopted by the Board prior to the expiration of the
current permit to prevent interruption of any work within the state’s rights of way. Permit fees are waived for
municipalities working within their geographical boundaries. A budget amendment is not required.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.858.5115 (office) or andrewsmb@oakgov.com, or the department contact persons listed for
additional information.
CONTACT
John Basch, Attorney-UNI baschj@oakgov.com
ITEM REVIEW TRACKING
William Miller III, Created/Initiated - 11/17/2022
David Woodward, Board of Commissioners Approved - 11/17/2022
Hilarie Chambers, Executive's Office Approved - 11/21/2022
Lisa Brown, Clerk/Register of Deeds Final Approval - 11/22/2022
AGENDA DEADLINE: 11/17/2022 6:00 PM
COMMITTEE TRACKING
2022-11-02 Economic Development & Infrastructure - Recommend to Board
2022-11-17 Full Board - Adopted
ATTACHMENTS
1. 2022-11-02 Memorandum to ED&I Committee re MDOT Right of Way Resolution
2. 2023 MDOT Annual Performance Resolution
3. MDOT cover letter to WRC annual permit.11.2.22
November 17, 2022
RESOLUTION #2022-2177 _ 22-390
Sponsored By: William Miller III
Water Resources Commissioner - Resolution to Adopt MDOT Performance Resolution
Chairperson and Members of the Board:
WHEREAS the Michigan Department of Transportation (MDOT) requires a municipality to adopt its
Performance Resolution for Municipalities before it will allow a municipality or other public body to
perform work within the right of way of any state highway; and
WHEREAS the County of Oakland by and through the office of the Water Resources Commissioner
periodically performs work within such state-owned rights of way; and
WHEREAS the County’s current permit is valid through December 31, 2022; and
WHEREAS the MDOT revised its forms and procedures in May of 2021 with respect to performance
resolutions for governmental agencies and requires an annual permit to construct, operate, use
and/or maintain utilities or other facilities, or to conduct other activities, on, over, and under state
highway rights of way at various locations within and adjacent to its corporate boundaries; and
WHEREAS such permit must be electronically submitted to the MDOT via its online Construction
Permit System (CPS); and
WHEREAS the MDOT further requires that municipalities using the MDOT’s rights of way adopt such
resolution in substantially the same manner and form as the attached document; and
WHEREAS the MDOT waives permit fees for municipalities working within their geographical
boundaries; and
WHEREAS the Water Resources Commissioner has designated six chief engineers to submit
applications for necessary work within the state highway rights of way on behalf of Oakland County.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
adopts the MDOT’s Performance Resolution for Municipalities and authorizes the named chief
engineers of the Water Resources Commissioner’s office to submit, from time to time, applications for
work within the MDOT’s rights of way on behalf of the County.
BE IT FURTHER RESOLVED that no budget amendment is required.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: William Miller
III.
Date: November 17, 2022
David Woodward, Commissioner
Date: November 21, 2022
Hilarie Chambers, Deputy County Executive II
Date: November 22, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-11-02 Economic Development & Infrastructure - Recommend to Board
2022-11-17 Full Board - Adopted
VOTE TRACKING
Motioned by Commissioner William Miller III seconded by Commissioner Michael Spisz to adopt the
attached Resolution: to Adopt MDOT Performance Resolution.
Yes: David Woodward, Michael Spisz, Karen Joliat, Kristen Nelson, Christine Long, Philip Weipert,
Gwen Markham, Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller III, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (17)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. 2022-11-02 Memorandum to ED&I Committee re MDOT Right of Way Resolution
2. 2023 MDOT Annual Performance Resolution
3. MDOT cover letter to WRC annual permit.11.2.22
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
November 17, 2022, 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 on Thursday, November 17, 2022.
Lisa Brown, Oakland County Clerk / Register of Deeds
Form DC–001
OAKLAND COUNTY SEWER RESOURCES COMMISSIONER
Page 1 of 1 Rev.: 11/05/08
OAKLAND COUNTY
SEWER RESOURCES COMMISSIONER MEMORANDUM
TO: Commissioner William Miller, Chairperson
Economic Development and Infrastructure Committee
FROM: John Basch, Senior Attorney
SUBJECT: Michigan Department of Transportation Performance Resolution for Work within
its Rights of Way
DATE: November 2, 2022
Oakland County, through the office of the Water Resources Commissioner, periodically performs
work within the Michigan Department of Transportation (MDOT) rights of way. The MDOT allows
municipalities and other public bodies to work within its rights of way provided the municipalities
adopt the state’s Performance Resolution for Municipalities and submit advanced notice to the MDOT
prior to commencing such work.
Oakland County’s current annual permit runs through December 31, 2022. In order to continue
uninterrupted work within the state’s rights of way, the state requires that a new resolution be adopted
by the Board of Commissioners prior to the expiration of its current permit.
I would note that the MDOT exempts municipalities from any permit fees when the work is performed
within the municipal’s geographical boundaries.
Requested Committee Action: Recommend adoption of the attached Resolution to the Board of
Commissioners.
Contact: John Basch baschj@oakgov.com 248-292-9413 cell
County of Oakland
Board of CommissionersCountyOakland2022David T. WoodwardChairperson of the Board of CommissionersJoel Brown, P.E., Chief Engineer, Michael McMahon, P.E. Chief Engineer, Gary Nigro, P.E., Chief Engineer; Amy Ploof, P.E., Chief Engineer; M. Drew Sandahl, P.E., Chief Engineer; Geoffrey Wilson, P.E., Chief EngineerNovember
