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HomeMy WebLinkAboutResolutions - 2009.09.24 - 9981systen of the state may, when there is a surplus of monies ir the road MI3CELLAONE072S RZSOL:TION 109221 BY: GENERAL COVERNMENT COY.MITIEE, C1I5TINE LONG, AND CHAIRPERSON IN RE: TRI-PARTY ROAD IMPROVEMENT PROGRAM - FUNDING AND PROJECT APPROVAL PROCESS TO THE CAKLAV2. CC.12111Y 20ARU CONVISS.IONER Chairperson, Pates and Gentlemen: WHEREA the Oakiaad County 3oard of Commissioners created the discretionary Tr-Party Road Improvement Program in the 1910's to assist Oakland County's Citle*.;, Villages ano 1-ownsnips (CV7s) in tne construction, maintenance and repair of nighwavs located within the boundaries of an Oakland County (L;VT and under the supervision, direction and control cf the Road Commission for Oakland County (RCOC); and WHEREAS the County was permitted to contribute funding to tee discretionary Tri-Party Road Improvement Program under the authority of 1917 PA 23, :CL 247.121, whioh provides that a county operating under the county general fund, transfer a part of said surplus from the general fund to the county road fund to be used for the construction, maintenance and repair of hidhways under the supervision, direction and control of the boare of county road commissioners; and WHEREAS 3L7 PA 253, MCL 247.121 only authorizes the discretionary transfer of surplus moneys that were not raised by general taxes Levied on the real and personal property of the county; and WFZREAS the Tri-party Road improvement Program receives 1/3 of its funding from. Oakland County discretionary funds, :72 from the RCOC, and 1/3 from the CV l within whidit a higbway project is to be executed; and WiiEREA_S the Codnty's discretionary 1/3 funding share has been annually transferred to the ;7.-.COC, upon request of the RCOC and approval of the General Government Co:Tsttee; and WHZFEAS the BCOC bolds the entire County appropriation until a CV: identifies 6 specific project, sends its share of a project's funding to 'the 1,C0:77 and the projel b(!gins; and 'fl iLRri.A2 this procedure has resulted in a practice that sees substantial port i ons of the `Godnty's annual appropriation remaining in an RCCC account for long periods of tdme, often measured in years, until a CVT appropriates funds to support its ;/3 share of any particular project; and TriEREAS according to the accounting records :-.r.ovidec the County by tne KO:: in j'A.v 2C 9, :.t-lere was $8,343,024 in County fdnus being neld in RCOO aoccants at the close of tee 2008 fiscal year that had non been matched by the CVTs; and 1,`.13oc',PreBuarchzept24(iG-Tri-Party Plgr? fl Sept 14 final.doc WHERETiS Michigan's rine year recession has resulted in substantial reduetions in general fund revenues, especially in those revenues not raised by gencral taxes levied on the real ano, personal property of the county; and WHEREAS the revenue decline has required budget reductions across the entire scope of County operations adversely impacting programs and ..JuLes performed by the'Theriff, Prosecutor, County Executive, Water Resources Commissioner, Clerk/Relster, Treasurer and Board of Commissloncrs; and WHEREAS the employees of Oakland County have shared the burden of the economic downturn by experiencing salary and hiring freezes, increased insurance co-pays, increased workloads and reductions in discretionary programs ; and WAS the Co .,,hty Executive believes that eqLity demanus the discretionary Tri-EarLy Road Irrprovement share in the burden imposed on all of Oakland C ounty government during the economic downturn, including accepting a reduced County financial contribution and by adopting changes to existing pregrali practices; and WFEREA iven the amount of discretionary County appropriations being held :Lr-1 kCCC accts for long periods of time, often years, without being matched by a CVT appropriati on for a specific project, the County Executive recommends that these County funds being held by the RCOC that have not been matched by o CV -: appropriation for a specific protect should, be returned te Oakland County immediately; and WHEREAS uzon receipt of those County funds tne County Executive reccamends those funds he placed in a General Fund Tri-?ary Program designation un1 a .-pecifIc Tr-Party Road =mprevement pro j ect Las been identified by toth an ebcrible CVT and the RCOC and until after the CVT arts appropriated. its. /3 snare of project funds and ha executed a financing agreeent for a speolfl,:: project; and WFEREAS the County Executive recommends that the existing interest(s) participating CVEs have in the moneys returned from the PLCOC to Oak:one' Conty pursuant to this resolution be retained so that the CVTs who hove not yet used shares cf County-provided funding attributed to them under the established distribution formula will enjoy the same interest/snare in the County General Filna 'In-Party Program designation as they had in the County funds being held by the P.C.C ,C at the time of transfer; and HEREAS the Co ,_mr.y Executive recommends that all futc,ro discretionary County contributicna to the Tr-Party Road improvement Program be placod in C....\Docurnents anti Settinghanger/i;:_ocal Settingsqemporary Intenici l'ilts'..OLK.:11)\.Tri-Party Plan 13 Stpt 14 1inal.dok: 2 the General Fund. Tr '_-?arty Proram desishatien ane be distributed for specific projects at tne time and ].:1 the manner provided herein. NOW :F.:ERE-TORE P.E IT RESOLVED tPat the Oakland County Board of Commissioners determines to continue support of the discretionary Tri-Party Road :nprc -,,ement Procra in accordance with the previsions and restrictions of 1917 PA 2i7..3, MCI 247.121 and as seL forth below. BE IT 1-7R7FIER RESOLVED that the Oakland County Board of ComEissioners ree:uires that before any future or further discretionary funding support for the Tri-?a r ty Raad Intprovement Program is provided or distributed, all Oakland County provided Ti.-Forty Read Improvement Prniram funds being held oy the RCOC that have :'.et been matehcd ty a CVT appropriation and an executed local fi.nv cment for a specitie project OE of tne effective date of this resolution shall be returned tc Oakland County on or before September 30, 2C09: and BE T= :-ORTH,ER RECLVED that upon redo,ipt from the RCOC of those (2o -anty moneys those tnd5 &hal: be placed in a General Fund Tr-Party 7Togram designation until a soecific Tri-Party Road Zmprovement prolcot has been identified by an e)igir.:le CVT and until after the CV: -nas appropriated its 1/?, LLnare of proThct funds and executed a financing agreement for the pro:ect; and BE TT r2.7RT1iER RYSOLVED that the existing interestrs) a participatino Tin. -Party Program, CV: has in the moneys returned from the RCOC to Oa'Klar.d County pursuant to this resolution shall be retained SO that a CV7 that has net yet used stares ot County-provicied funding attributed to then under tne established dlstrj.tution formula will en j oy the same interesLishare in the County iereil Euhe Tri-Party Program designation as they had in the County funds being held by the P.c.:0C at the time ef transfer; PE IT F7:RTHER REOLVED that beginning October 1, 2:309 and continuing thereaf77er, any discretionary County contribution to the :ri-Party Road :mprovement 2regram will be funded through the de signated General Fur: Balance entiled -T:i-Party Program'; and BE TT r-,:a:HP, RESOLVED that any discretionary Oakland County appropriation in support of the Tri-Party Road :mproyement Program nibs 2.1 be distributed only from tho designated General Fund Tri-Party Program fund baianee and ray be .~...ade oily after completion of all of the following: 1. The Road Ceamission for Oakland County acA-1;c.2 and an individual city, viliace, or township (CVT) have identified a specific project and said proest is ready to be undertaken immediately; and Iiin and Settjnes':hangerfaocol Settings':Forporary Internet Files\OLE.11D11'ri-Party Nan 13 Sept 14 tinal:doc 2. Ine R(7C has appropriated .'_to 1/3 share of the funding to: the protect and transferred said appropriation to a specific protect acdunt; and 3. The CV: nds authorized its 1/3 snare of the funding for the protect anc aas executed a written contract for payment with the RCGG; and 4. The Commissioner(s) representing the CVT requesting the pro'2ect stibmits to the Board of Commissioners General Government Commitee dnd Finance (.:camittee a resclution authoring the appropriation of the •ounty's 1/3 share of the project from the General Fund Designate4_1 Fund Balance for Tri-Farty Program. The resolution shall be approved bv boon Committees and the fulJ Board before any funds :7;ly be reidsed _flora the Tri -Party Program desiration account. 3E 17 FURTHER RESOLVED that'initial funding for this designation will be established her tne RCOC transfers back to the County all Caki.and Coanty cunds currontly on deposit with the RCOC that have not beer, matched by both the required CVT appropriation and executed financing agreement fozs . a specific preteoi7; and BF IT 7,:RTHER RESLVFD that an additiona: $.1.0nillion wil. he added ter 'Lhe 7ri-i'arty Program designation with the FY 2003 year end financial closin for use as provided herein during FY 201C, Chairperson, en tehalf of the General Government Committee, I move the adeption of the for on resolution. GENERAL GOVERN=7 CCM ,`IT7EE C. \DOOM:10)1S and Settingsthangelh\Loca1 Settin2.\Temporary Internet Files,OLK:ID\Tri-Party Plan 13 Sept 14 tinal.doc 4 Addison Bloomfield Brandon Commerce Groveland Highland Holly Independence Lyon Milford Novi Oakland Orion Oxford Rose Royal Oak Springfield Waterford West Bloomfield White Lake Total 1280,340 $102,779 $0 10 80 $0 $440,009 $998,342 1149,604 $0 $0 $0 10 $0 $114,127 $0 $0 $0 $0 $2,085,201 Total Balance of Tr-Party Funds Through FY 2009 Tr-Party Program Funds Available as of 7-23-09 Amounts Indicate Total from All Three Sources TownshiD CRY/Village Auburn Hills $328,857 Berkley $0 Beverly Hills $69,850 Bingham Farms $0 Birmingham $0 Bloomfield Hills $0 Clarkston $0 Clawson $0 Farmington $0 Farmington Hills $0 Ferndale $65,468 Franklin $254,962 Hazel Park $212,240 Holly $55,416 Huntington Woods 1105,658 Keego Harbor $96,073 Lake Angelus $141,891 Lake Orion 83,057 Lathrup Village $0 Leonard $21,194 Madison Heights $0 Milford $0 Northville $0 Novi $0 Oak Park $0 Orchard Lake 176,610 Ortonville $54,684 Oxford $28,712 Pontiac $174,415 Rochester $182,006 Rochester Hills $0 Royal Oak $494,947 South Lyon $0 Southfield $0 Sylvan Lake $0 Troy $0 Walled Lake $0 Wixom 1486,425 Wolverine Lake $0 Total $2,852,465 Grand Total $4,937,666 Note: These amounts indicate funds that have not yet been dedicated to projects. These amounts are being reduced almost daily, as projects are selected. 48802 48972 BRANDON COMMERCE GROVELAND HIGHLAND 47131 49301 HOLLY 49561 INDEPENDENCE 49182 LYON 49191 49511 MILFORD NOVI OAKLAND ORION OXFORD 48752 48882 ROSE ROYAL OAK 49591 SPRINGFIELD WATERFORD 45772 PE 45772 Const 48572 49121 PE 49121 Constforce 49352 W BLOOMFIELD 49442 48631 49391 49261 479,323 1,256,842 427,646 MUNICIPAL ITV ADDISON BLOOMFIELD FYE2009 Tri Party By Balance Fwd 2008 334,645 15,021 COMMUNITY (via Project 2009 FYE09 Pro! $$ 73,081 323,987 Spreadsheets) ( - + TOTAL 407,726 339,008 BALANCE OF TRI-PARTY FUNDS - FYE 2009 MUNICIPALITY 416,308 103.366 1,188,289 268,745 166,791 73,610 245,093 140,461 418,264 61,059 1.011,828 245,014 312,158 115,489 572,066 93,983 16,260 1,164 139.269 476,218 234,006 324,891 110,068 374,645 70,764 127,230 24,495 317,218 113,501 1,363,447 498 025 493,678 519,674 1,457,034 240,401 385,554 666,049 16,424 139,269 710,224 434,959 445,409 151,725 430,719 1,861,472 1,218,861 407,726 339,008 519.674 1,457,034 240.401 385,554 479,323 1,256,842 427,645 666.049 16.424 139,269 710224 434,959 445,409 161,725 430,719 1,861,472 1,218,861 202,177 9.55.780 52,602 125,350 05,599 52,616 186,056 64.568 120.980 20,591 1,456,596 65,468 254,962 212,240 56,416 105,658 ADDISON BLOOMFIELD BRANDON COMMERCE GROVELAND HIGHLAND HOLL Y INDEPENDENCE LYON MILFORD NOVI OAKLAND ORION OXFORD ROSE ROYAL OAK SPRINGFIELD WATERFORD W BLOOMFIELD WHITE LAKE AUBURN HILLS BERKLEY BEVERLY HILLS BINGHAM FARMS BIRMINGHAM BLOOMFIELD HLS CLARKSTON CLAWSON FARMINGTON FARM INGTON HLS FERNDALE FRANKLIN HAZEL PARK HOLLY HUNTINGTON WDS 725,283 11,790,495 TOWNSHIP TOTAL 49332 49342 46871 96,073 143 851 17,617 458.192 21,194 334,886 5,538 152,558 1,625,576 175,749 76,610 54,684 28,712 174,415 232.736 1,743,325 494,947 1.737,823 329,347 148,429 1,161,381 352,437 486,425 108,692 KEEGO HARBOR LK ANGELUS LAKE ORION 1..ATHRUP LEONARD MADISON HFIGHTS MILFORD NORTHIVILLE NOVI OAK PARK ORCHARD LAKE ORTONVILLE OXFORD PONTIAC ROCHES TER ROCHESTER HLS ROYAL OAK SOUTHFIELD SOUTH LYON SYLVAN LAKF TROY WALLED LAKE WIXOM WOLVERINE LAKE 13,995,679 TOTAL CITY 25,786174 GRAND TOTAL 1 3= 8,595,391 (232,367) Cty refuses to pay (change in FY)-write off. - (20,000) Cty refuses to pay (pd TIA separately)-write off. 8,343.024 info to Dennis 11/8107 TB difference 8,343,024 48121 48131 48121848131 Z 46151 46962 WHITF LAKE 47111 TOWNSHIP TOTAL AUBURN HILLS 41891 PE 41891 ROW 49342 49381 BERKLEY BEVERLY HILLS BINGHAM FARMS BIRMINGHAM BLOOIVIFIELD HLS CLARKSTON CLAWSON 49241 FARMINGTON 49031 FARMINGTON HLS 45951 FERNDALE FRANKLIN HAZEL PARK HOLLY HUNTINGTON WDS KEEGO HARBOR LK ANGELUS LAKE ORION LATHRUP LEONARD MADISON HEIGHTS MILFORD 10,842 191,335 8,415,495 3,375,000 775,006 180,774 26,301 26.301 83,605 41,745 85,403 10,196 38,258 16,360 143,843 42,215 55,852 8,716 92,663 28,317 29,591 1,074 385 382,207 56,097 9,371 237,220 17,742 205,594 6,646 27,708 27,708 80,389 16,269 77,927 24,146 132,906 •10,945 16,598 1,019 404,395 53,797 19,242 1,952 215,509 119,377 3,592 1,846 202,177 11,790,495 11,790,495 955,780 52,602 125,350 95,599 52,616 186,058 64,568 120,980 29,591 1,456,596 65,468 254,962 212,240 55,416 105,658 96,073 143,851 17,617 458,192 21,194 334,886 5,538 NORTHVILLE 138,481 14,077 152,658 NOVI 1,280,164 345,412 1,625,576 OAK PARK 115,733 61,016 - 176,749 49451 ORCHARD LAKE 16,328 60.282 - 76,610 49041 49211 ORTONVILLE 48,693 5,991 64,684 OXFORD 28,266 446 28,712 PONTIAC 121,312 53,103 174,415 ROCHESTER 199,175 33,556 - 232,735 49131 ROCHESTER HIS 1,2 52,923 490,402 - 1,743,325 49131 49471 ROYAL OAK 412,062 82,885 494,947 SOUTHFIELD 1,382,017 355,8os - 1,737,823 46871 SOUTH. LYON 267,082 62,266 329,347 SYLVAN LAKE 136107 1 2,3 22 146,429 TROY 616190 544,591 - 1,161,381 46901 47971 49311 WALLED LAKE 285,733 66,704 WI XOM 368,144 118.281 WOLVERINE LAKE 98,071 10,621 TOTAL CITY 10,620,679 3,375,000 GRAND TOTAL 18,373,353 6,750,000 352,437 486,425 108,692 13,995,679 13,995,679 25,786,174 FISCAL NO7E BY: FINANCE COMMITTEE, TOM MIDDLEION, CHAIRPERSON IN RE: TRI-PARTY ROAD IMPROVEMENT PROGRAM - FUNDING AND PROJECT APPROVAL PROCESS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to RuJ.e XII-C the Finance Committee has reviewed the above referenced resolution and finds: The resoiution provides that future County funding for the Tri-Party Road Improvement Program will be transferred from a designated General Furd balance, to be established with the FY 2009 Year-End Financial Report. 2. Funding for this designation will be derived from the return at Oakland County provided Iri-Party Road improvement Program funds being held by the Road Commission for Oakland County (ROOT) that have not been matched by a CVT appropriation and an executed local financing agreement for a specific project. These funds shall be returned on or before September 30, 2009. J. Further in addition to the returned County funds mentioned in i72 above, the FY 2009 Year-End Report will also include an additional $1.0 million in the Tri-Farty Program General Fund designation. 4. Funding will be moved from the designated fund balance purauant to the process listed in the resolution. FINANCE COMMITTEE Resolution #09221 September 24. 2009 Moved by Gingell supported by Long to substitute this resolution — Miscellaneous Resolution #09221 — Tri-Party Road Improvement Program — Funding and Project Approval Process (with fiscal note attached) for the previous version of the Tr-Party Funding, Maintenance and Disbursement Policy — Miscellaneous Resolution #03237 Discussion followed Moved by Greimel supported by Coulter to amend the resolution as follows: BE IT FURTHER RESOLVED that an additional $4,0 $2.25 million from the Total Officially Reported Estimated Fayorability for FY 2009 of $9,282,614 will be added to the In-Party Program designation ithe designated General Fund Tr-Party Program fund balance) with the FY 2009 year end financial closing for use as provided herein during FY 2010. Discussion followed. Vote on amendment: AYES: Coleman, Coulter, Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns. (12) NAYS: Douglas, Gingell, Gosselin, Jacobsen, Long, Middleton. Potter. Potts, Runestad, Scott, Taub, Bullard, Capella, (13) A sufficient majority not having voted in favor, the amendment failed. Moved by Greimel supported by Coulter to amend the resolution as follows: BE IT FURTHER RESOLVED that an additional $443 $1.5 million from the Total Officially Reported Estimated Favorability for FY 2009 of $9,282,614 will be added to the Tr-Party Program designation (the deskinated General Fund Tri-Party Prouram fund balance) with the FY 2009 year end financial closing for use as provided herein during FY 2010. Discussion followed. Vote on amendment: AYES: Coulter. Gershenson, Greimel, Hatchett, Jackson, McGillivray, Nash, Schwartz, Woodward, Zack, Burns, Coleman. (12) NAYS: Douglas, Gingell, Gosselin. Jacobsen. Long, Middleton, Potter, Potts, Runestad, Scott. Taub, Bullard, Cabello. (13) A sufficient majority not having voted in favor, the amendment failed. Discussion followed. Vote on resolution: AYES: Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson. Jacobsen, Long McGill,vray. Middleton, Nash, Potter, Potts. Runestad, Schwartz. Scott. Taub. Woodward, Zack. Bullard, Burns, Capello, Coleman, Coulter. (25) NAYS: None. (0) A sufficient majority naving voted in favor, the resolution (with fiscal note attached) was adopted OMMI Y APPROVE THE FOREGOING RESOLUTION 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 September 24, 2009, 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 24th day of September, 2009. Gde Ruth Johnson, County Clerk