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HomeMy WebLinkAboutAgenda - 06-15-1999 - II 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. II ACTION AGENDA ITEM ABSTRACT Meeting Date: June 15, 1999 SUBJECT: Resolution Concerning the Establishment of Metropolitan Planning Organizations DEPARTMENT: Commissioners' Office PUBLIC HEARING: (Y/N) No BUDGET AMENDMENT: (Y/1~ No ATTACHMENT(S): 1 -Resolution 2 -Draft Letter 3 -Senate Bill 1164 4 -House Bill 1288 INFORMATION CONTACT: Commissioner Alice Gordon TELEPHONE NUMBERS: - -ext. Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331. Mebane 227-2031 PURPOSE: The attached resolution and cover letter are crafted to recommend the formation of a study commission for this issue. BACKGROUND: At a previous meeting, the Board of County Commissioners discussed pending legislation concerning the consolidation of metropolitan planning organizations -and instructed the Chair to write a letter opposing this legislation. Recent events have now indicated that the legislation is likely to pass in some form, but that it might be possible to form a study commission in lieu of immediate passage. FINANCIAL IMPACT: Not applicable RECOMMENDATION(S): The Chair recommends the Board adopt the attached resolution and approve the cover letter for transmittal to the Governor and interested members of the North Carolina legislature. 2 ATTACHMENT 1 't Resolution Concerning Senate Bi111164 (An Act to Establish Consolidated Metropolitan Planning Organizations) WHEREAS, Senate Bill 1164 is titled "An Act to Establish Consolidated Metropolitan Planning Organizations Under State Law;" and WHEREAS, the purpose of Senate Bill 1164 is to ensure that Metropolitan Planning Organizations are established under State law in a manner consistent with federal law; and WHEREAS, another stated purpose of Senate Bill 1164 is to encourage better regional planning; and WHEREAS, to the extent possible, in accordance with Senate Bill 1164 only one Metropolitan Planning Organization would be designated for each region; and WHEREAS, two Metropolitan Planning Organizations currently exist in the Triangle Region, the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) and the Capital Area Metropolitan Planning Organization (CAMPO); and WHEREAS, the DCHC MPO is comprised of representatives from the City of Durham, the Towns of Chapel Hill, Carrboro and Hillsborough, the Counties of Durham, Orange and Chatham and NCDOT; and WHEREAS,. CAMPO is comprised of representatives from Wake County, the municipalities in Wake County and NCDOT; and WHEREAS, the MPO is responsible for the development of the area's long range Transportation Plan and multi-year Transportation Improvement Program; and WHEREAS, the DCHC MPO and CAMPO currently work cooperatively on regional transportation issues; and WHEREAS, the Orange County Board of Commissioners was not consulted before the proposed MPO legislation was introduced; and WHEREAS, the Orange County Board of Commissioners is concerned that the philosophy and initiatives of the DCHC MPO would be subsumed or diminished in the context of a regional MPO dominated by Raleigh and Wake County; and WHEREAS, SB 1164 would affect project implementation and air quality conformity issues that may negatively impact Orange County. 3 NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS THAT; 1. The BOARD of COUNTY COMMISSIONERS does not support SB 1164. 2. The BOARD OF COUNTY COMMSSIONERS does support the concept of regional planning. 3. The issue of regional planning and the consolidation of Metropolitan Planning Organizations be referred to a study commission for further analysis and that a. The objectives of the study commission be clearly stated. b. The consequences (both positive and negative) of SB 1164 or any other related legislation be clearly identified and c. Affected MPOs and local jurisdictions be consulted as part of the study commission process. Adopted, this the day of June 1999 Alice M. Gordon, Chair Orange County Board of Commissions 4 ATTACHMENT 2 Draft For Mailing to Governor James B. Hunt, Legislative Delegation and Leaders of the House and Senate (letter will be altered appropriately) Re: Metropolitan Planning Organization Legislation SB 1164) Dear The Orange County Board of Commissioners has reviewed and discussed SB 1164 (An Act to Establish Consolidated Metropolitan Planning Organizations Under State Law) and cannot support the bill at this time. A resolution expressing the Commissioners' position and recommendation regarding this. legislation is attached. The Orange County Board of Commissioners clearly supports the objective of sound regional planning. However, we are not convinced that the consolidation of the Durham- Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) and the Capital Area Metropolitan Planning Organization (CAMPO) will achieve or even help achieve this objective. We are also concerned that the interests of Orange County and other smaller jurisdictions would be lost or diminished in the context of a regional MPO. In addition, we are concerned that project implementation and air quality issues in Orange County would be negatively affected by the creation of one MPO for the Triangle region. For these reasons we respectfully request that you not support SB 1164 (or HB 1288) at this time and that you refer this matter to a study commission for further study. The objectives of the legislation should be clearly identified and alternative ways to achieve the objectives should be explored and evaluated. Consequences (both positive and negative) of SB 1164 or any other related legislation should be identified. In addition, affected MPOs and other local jurisdictions should be consulted as part of the study commission process. Thank you for your support of the Board of Commissioners position on SB 1164. We look forward to working with you further as we cooperatively explore opportunities for better regional planning. Sincerely, Alice M. Gordon Chair Orange County Board of Commissioners cc: Board of County Commissioners John Link, County Manager Geoffrey Gledhill, County Attorney 06/10/1999 14:04 9673823 Noltll Carolina General Assembly -Senate Bill... PAGE 02 5 ATTACHMENT 3 Senate ~i~l 1164 . ESTABL,~S~I MET170POLY7',A,N PI.A,NNING BDS (= H 128$ ) PlX. = Public/Focal Sill ~ $ = A€fects Appropriations * -, Hi11 Text Has changed Session: 1999-2000 ~'~ime Sponsotrs: I~j~l Clodfelttr Fiscal Nate: No Fiscal Note Attcibntes: P D„~,e coon 04/15/ 1999 S 1Zef to Transportation 04/28/1999 SA REPTb FAV COM SUBSTITU'1"B 04/28/1999 SA COM SUBSTITUTE I~.DOpT'Eta 04l29/I999 S WITHDRAWN FI:tOM CAL 04129/1999 S Re-ref to Transportation Bill Look-Up Enter a bi11 number to search for. Example: Enter s~ to search ;For Senate bi117. CUnent Sesston Bill l~unclber: ~ Secach emg~ h~ a 1VCGA Webmanaper S/l !/99 ALICE GORDON S: i 5:19 A1Vi 06/10/1999 14:04 9673823 ALICE CORDON PAGE -- •, 6 t North Carolina General Assembly - [ S 1164 ] 5... Page 1 0~'..2 t~El1~AAI. ASSS,!®LY OF DTORTH CAROLZNIl. SESSION 1999 s a SEN'AT'E BILL 1164` Txansportation Committee Substitute Adopted 4/28/99 Short Ti.t1e: Establish Metropolitan Planning Boards. (PUb1xc) Sponsors: Re£arred to: April 15, 1999 A SILL TO BE ENTI`Z'L~D AID ACT TO EST,A.ALxSK CONSOLIDATED ME'!,'FtOPOLITAN PLAIVNIb1G OftGAN1ZATTO~TS UNDER STATE LAW. Section 1_ Article 1 of Chapter 136 of the General Statutes is amended by adding a new section to xead: "g 136-15.x:. Metrapolitau Plt~t~n.l.ug Organisations. (a) Metro olitar~ plaruzing Organizations, as defined by 23 U.S.C. § 134 are hezeby established in th9.s State. (b) Purpose. ^^ xhe purpose of this section is to im lenient 23 U.S C § 134 and section $ of the Federal Transit Act, as amended, which zequire that a Metropolitans Planning Organization (MPO) be deli ated for each urbanized area and that the designated metropolitan Brea have a Continuing, cooperative, and comprehensive transportation planning grpcess that xesults in ]-ans and programs that consider all trans ortation modes and supports metropolitan community development and social goals. Plans and programs develo ed under this section shall lead to the development and o exation of an integrated, intermodal trans oxtation system that facilitates the efficient, economic movement of people and goods. (c) '~3oundaries of MPOs established undex this section shall be determined by the Governor, under recommendation from the Secretary. The recozcunended boundaries of the MPOs shall reflect accurate and current urban economic zegions, includixsg areas of projecCed expansion oven the next 20 ears. To the extent possible only one MPO shall be designated for each_ zegion For geographic areas designated as nonattaxnment or maintenance areas (as Created by the Cleazl Air Act Amendments of J.990 (CAAA)) for trans oxtation-related ollutants undex the CAA, ~~ the boursdax'ies of the MPO shall include at least the boundaries. ;?~- of the nonattainment or maintcnanCe areas. (d} Prior to making a recommendation to the Governor as provided in subsection ~,c) of this section, the Secretary shall rovide for notice amd comment to the ublic and to local goverzarnental units_.. (e} Boundaries of MPOS established under this section shall reflect• (1) Areas that Capture curx'ent and 5111/99 8:13:41. AM 06/10/1999 14:04 9673823 - ~ North Carolina General Assembly - [ S 1164 j 5.,, projected comrnutin atterns; Th, a major regions] facilities, such as regional ra airports, and ports, in theiz entx (3) Constistencv with fede metropolitan statistical area boon (f) Tn preparir, recommen boundaries, the Secretary shall revi Criteria ; n ~„~,~,.,,... __ .. _. . ALICE CORDON PAGE 7 Page 2 of 2 dations ew, in section ortatibn aF, ro riots, ad'ustments should be made to xeflect~ the yYmost comprehensive bounds to foster an effective lannin rocess that ensures connectivity between modes, reduces access dzsaclvantages a erienced by modal systems, and romotes etfiCS-ezlt oveX~a71 trans t s por a n on investment strategies. Unless otherwise directed b EederaX statute, MPo -ies shall be reexamined eve 10 ears, following each .a1 federal census. h) The voting membership of an M~0 shall include ntation of local elected officials, officials of a enexes administer or operate ma 'or modes or s stems of rtakion including, but not limited to, transit o stators, s of major local airports, maritime ports, rail o eratoxs, rOpxiate State officials " Sectzoo, 2 _ ~'~ais aet~ ass effective whQn it becomes law, 5/11!99 8:13:41 AM 06/10/1999 14:04 9673823 North Carolina General As:~eMti~ ALICE CORDON PAGE 8 ATTACHMENT 4 pause B~~l 1288 ~S'~'ABLISH METROPOLITAN PLANNING ~I1S. (-.- S 1164 ) P/L = Public/Local Bi11 ~ S =Affects Appropriations • =16311 Text: Fias Changed Sessiat-: 1999-2000 prime Sponsors: 1?aul Lucbk~e Fiscal Note: No Fiscal Note Attributtes: P Date AcNian 04/15/1999 H Rcf to Transportation 04/28/1999 I~I WITHDRAWN FROM COMM 04/28/1999 H Re-ref to Rules, Calendar, and Operations of the Housc 04/28/1989 H REPTD FAV 44/28/1999 H CAL PURSUANT RULE 3d(B) 04!28/1999 H PLACED ON CAL FOR04-28 04/29/I999 HA AMEND ADOPTED #i 04/29/1999 EI PASSED 2ND c~ 3RU READING 05/03/1999 S REC FROM HOUSE 05/03/1999 S Ref to Transportation R~~ Look-Ir1p Enter a bill number to search for, Exalmpae: Enter s7 to search for Senate bill 7. G~rrent session Bill Number: ~ Secach email the NCGA We6man~er 1 ~ I 06/10/1999 14:04 9673823 ALICE CORDON PAGE '" 9 ' rTorth Caraliz~a Genezal Assemh~y - [ H1288) 5... Page 1 of 1 GENERAL A3SENSxiY OF NORTS CAROLINA BRSS9TON 1999 H HOUSE BILL 1,288* Second Edition Engrossed x/29/99 Corrected Copy 4/29/99 3 Short Titlei: Establish Metropolitan Planning Boards. (Public) 5poaeor8: Representative Luebke- ReteraC'ed to: Transportation. April 15, 1999 A BILL TO BE ENTITLED AN ACT TO ESTABLISH ME'Z`J~OPOLITAN PLANNING BOARDS T4 ,ASSIST THE DEPARTMENT OF TRANSPORTATION IN THE DEVELOPMENT OF x'RANSPORTATION 1?LANS AND PROGRAMS FOR URBAN AREAS OF THE STATE. The General Assembly of North Carolina enacts: Section 1. Article 1 of Chapter 136 of the General Statutes .is amended by adding a new section to read_ ^9 136-15.1. Metropolitan plazusiag boards. (a) As used in this section: (1.) `Metre same meanil'ag as `me in 23 U.S.C. ~ x.34. (2) Met 1 of Tr planning board' has tk~e tan planniricT Organizatiozl' as ~litan area' has ng as 'metropolitan area' as use Th,e Governor, with the assistance ortation, shall designate a znetropo ec for each urban area of more than 50,000 population, in the State and shall determine the boundaries of each metropolitan area to be served by a metropolitan planning_boaz'd. The Governor aha7.l designate metropolitan planning boards and designate metropolitan areas an, accordance with the requirements of 23 U.S.C. ~ 134. (c) The boundaries of the area served bar each metropolitan planning board shall be evaluated and adjusted in the year folJ.owing each decennial federal census. (d~ Article 2A of Chapter 150E of the General Statutes applies to the designation, of a metropolitan planning board and to the determinati.oz~ of a metropolitan area." Section 2. The Governor shall designate initial metropolitan planning boards and determine initial metropolitan areas on the basis of data collected in the 2000 federal Census and shall complete all initial designations and determinations no later than 31 Decembex 2001. Section 2.X. No.State funds of any kind shall be used to carry out the provisions of this act. Section 3. This act is effective when it becomes law. e same in 23 U.S 5/11/99 8:12:53 AM Resolution Concerning Senate Bi111164 (An Act to Establish Consolidated Metropolitan Planning Organizations) WHEREAS, Senate Bill 1164 is titled "An Act to Establish Consolidated Metropolitan Planning Organizations Under State Law;" and WHEREAS, the purpose of Senate Bill 1164 is to ensure that Metropolitan Planning Organizations are established under State law in a manner consistent with federal law; and WHEREAS, another stated purpose of Senate Bill 1164 is to encourage better regional planning; and WHEREAS, to the extent possible, in accordance with Senate Bill 1164 only one Metropolitan Planning Organization would be designated for each region; and WHEREAS, two Metropolitan Planning Organizations currently exist in the Triangle Region, the Durham-Chapel Hill- Carrboro Metropolitan Planning Organization (DCHC MPO) and the Capital Area Metropolitan Planning Organization (CAMPO); and WHEREAS, the DCHC MPO is comprised of representatives from the City of Durham, the Towns of Chapel Hill, Carrboro and Hillsborough, the Counties of Durham, Orange and Chatham and NCDOT; and WHEREAS, CAMPO is comprised of representatives from Wake County, the municipalities in Wake County and NCDOT; and WHEREAS, the MPO is responsible for the development of the azea's long range Transportation Plan and multi-yeaz Transportation Improvement Program; and WHEREAS, the DCHC MPO and CAMPO currently work cooperatively on regional transportation issues; and WHEREAS, the Orange County Board of Commissioners was not consulted before the proposed MPO legislation was introduced; and WHEREAS, the Orange County Board of Commissioners is concerned that the philosophy and initiatives of the DCHC MPO would be subsumed or diminished in the context of a regional MPO dominated by Raleigh and Wake County; and WHEREAS, SB 1164 would affect project implementation and air quality conformity issues that may negatively impact Orange County. NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS THAT; 1. The BOARD of COUNTY COMMISSIONERS does S support SB 1164. 2. The BOARD OF COUNTY COMMSSIONERS ~ support the concept of regional planning. 3. The issue of regional planning and the consolidation of Metropolitan Planning Organizations be referred to a study commission for further analysis and that a. The objectives of the study commission be cleazly stated. b. The consequences (both positive and negative) of SB 1164 or any other related legislation be clearly identified and c. Affected MPOs and local jurisdictions be consulted as part of the study commission process. Adopted, this the 15th day of June 1999 ~~-c. Alice M. Gordon, Chair Orange County Board of Commissions