HomeMy WebLinkAboutResolutions - 2009.12.09 - 9723REPORT (misc. #09283) December 9, 2009
BY: GENERAL GOVERNMENT COMMITTEE - Christine Long, Chairperson
RE: MR #09283 - BOARD OF COMMISSIONERS -SUPPORT FOR THE ALLOCATION OF
STATE AND FEDERAL TRANSPORTATION FUNDS BY POPULATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on
November 30, 2009, hereby recommends that the resolution be amended as follows.
1. Title: BOARD OF COMMISSIONERS - SUPPORT FOR THE ALLOCATION OF
STATE AND FEDERAL TRANSPORTATION FUNDS BY-POPULATION
2. 6th WHEREAS: WHEREAS pursuant to section 4a (4) of Act 204 the RTCC articles
of incorporation set forth the allocation between the city and the authority representing the
counties of any grants applied for-state and/or federal funds distributed by the RTCC;
and
3. 13''' WHEREAS; WHEREAS the continued application of the 65/35 allocation formula
has resulted in a net loss to SMART and its member counties of over $115 million since
1993 when compared to the amount of grants-funds SMART would have qualified for had
its share been determined using the state and federal statutes and regulations applicable
at the time of distribution as if the designated subrecipients or direct recipients were
allowed to and did apply for federal and state formula funds independently of each other
and the RTCC; and
4. 12th WHEREAS: Insert "Senate Bill 988" following the words "House Bill 4608."
5, NOW THEREFORE: insert "SB 988" following the words "HB 4608."
5. 1st BE IT FURTHER: insert "SB 988" following the words "HB 4608."
Chairperson, on behalf of the General Government Committee, I move the acceptance of the
foregoing report.
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOL:2TIO4 109283
BY: Commissioner -)nelley G. Taub, District #16
IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR THE ALLOCATION OF STATE
AND FEDERAL TRANSPORTATION FUNDS BY POPULATION
70 0/VKLAND •O',..:NTY BOARD OF COMM:SSiONERS
Chairperson, Ladies and Gentlemen:
WHEREAS pursuant to the Metropolitan Transportation Authorities Act of
1967, 1967 PA 234, as amended, (Act 234), Oakland County is a member of
the corporation known as the Regional Transit Coordinating Council
(RTCC) and is a member of the Suburban Mobility Authority for Regional
Transportation (SMART); and
WHEREAS membership in the RWC also includes the City of Detroit, Wayhe
County outside of the City of 'Detroit, Macomb County and Monroc County;
WHEREAS Act, 2C4 established the RTCC as the "desigEated reo*ient" to
apply for federal and state transportation and operating assistance
grants in support of public transportation on behalf of its members;
and
WHEREAS section 4a (5) of Act 204 requires the RTCO's annual grant
application to designate the distribution of all capital ant operating
funds which shall be paid directly to the city with a population over
7.50,002 and tine authority representLng the counties; and
WHEREAS SMART is the "authority representing the member- counties"
described in section 4a (5: of Act 204 and the City of Detroit (C:07;
is the city with a population over 750,000 while the remaining R":CC
area serviced by SMART has a population of 3 million; and
WHEREAS pursuant to section 4a (4) of Act 204 the RTCC articles of
incorporation set tortn the allocation between tne tity and the
authority representing the counties of soy grants applied for by the
RTCC; and
WHEREAS the allocation between the city and the authority representing
the counties established at the inception of the RTCC in 1989 was 651:
to the City of Detroit and 35 to 5MART; and
WHEREAS the continued application of the 65/35 allocation formula has
resulted in a net loss to SMART and its member counties of over $L15
million since 1993 when compared to the amount of grants SMART would
have qualified for had its share been determined using the state anc
federal statutes and regulations applicable at the time of distribution
as if the designated subrotipients or direct recipients were allowed to
and did apply for federal and state formuia funds independently of each
other and the RTCC; and
WHEREAS Act 234 mandates that the RTC:C act only by a unanimous vote of
it membership entitled to vote; and
WHEREAS the City's representatives live been unwilling to modify the
65/35 allocation formulas that has unfairly benefited the City by over
$115 million since 1993, with some $73.8 million of the unfair benefit
having accrued between 2005 and 2009 alone; and
WHEREAS continuing such blatant inequity likely mortally inures both
ongoing and future s -,:.pport tor public *.ransportatior, ar,d makes future
development of a coordinated regional mass transportation system in
southeast Xichigan unlikely; and
WHEREAS SMART is seeking passage of ?:ouse Bill 4608, remeuial
legislation that would require the RTCC's designated distribution of
federal and state formula funds, regardless of what ent_ity is the
sgbreciepient or direct recipient of the funds, to be determined using
the state and federal statutes and regulations applicable at the time
of distribution as if the designated subrecipients or direct recipients
were allowed to and did apply for federal and state formula funds
Independently of each other.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners urges the State Legislature to pass, and auks the
Governer to sign, HB 4608, giving the same immediate effect.
BE 17 r.7 ,;RTHER RESOLVED that the Board of Commissioners directs its
lobbyist to undertake all reasonable efforts to facilitate tne speQdy
adoption of H3 4608.
BE IT FURTEER RESOLVED that the Clerk is directed to forward copies of
this resolution to their lobbyist, the State Legislature, C3overnor's
Office, the SMART Board of :irectora and the members of the Et:CC.
Cnairperson I rove the foregong resolution
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Resolution #09283 November 12, 2009
The Chairperson referred the resolution to the General Government Committee. There were no
objections.
APPROVVilE FOREGOING RESOLUOri
Resolution #09283 December 9, 2009
Moved by Long supported by Taub the resolution be adopted.
Moved by Long supported by Taub the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Taub the resolution be amended to coincide with the recommendation in
the General Government Committee Report.
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter. Potts.
Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Capella, Coleman, Coulter,
Douglas, Gershenson, Gingell, Gosselin, Greimel. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
.1.1=
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, 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 December
9. 2009, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my ham and affixed the seal of the County of Oakland at
Pontiac. Michigan this 9th day of December, 2009.
Gat
Ruth Johnson, County Clerk