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HomeMy WebLinkAbout2012-446 Planning - MOU Burlington-Graham Metropolitan Planning Organization adding Orange Co as Voting Member 08- !t Sg ATTACHMENT 2 (AS APRROVED BY THE BOCC ON 11-08-20121 MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE,COMPREHENSIVE,AND CONTINUING TRANSPORTATION PLANNING Between THE CITY OF BURLINGTON,CITY OF GRAHAM,TOWN OF ELON, TOWN OF GIBSONVILLE, CITY OF MEBANE,TOWN OF HAW RIVER, TOWN OF WHITSETT,TOWN OF GREEN LEVEL,VILLAGE OF ALAMANCE, ALAMANCE COUNTY, GUILFORD COUNTY, ORANGE COUNTY AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION(NCDOT)in cooperation with THE UNITED STATES DEPARTMENT OF TRANSPORTATION WITNESSETH THAT WHEREAS, THE CITY OF BURLINGTON, CITY OF GRAHAM, TOWN OF ELON, TOWN OF GIBSONVILLE, CITY OF MEBANE, TOWN OF HAW RIVER, TOWN OF WHITSETT, TOWN OF GREEN LEVEL, VILLAGE OF ALAMANCE, ALAMANCE COUNTY, GUILFORD COUNTY, ORANGE COUNTY, AND THE NCDOT entered into a Memorandum of Understanding for Cooperative, Comprehensive, and Continuing Transportation Planning, last amended in August 2003, regarding the Burlington-Graham Metropolitan Planning Organization(BGMPO); WHEREAS, each MPO is required to develop a transportation plan in cooperation with NCDOT and in accordance with 23 U.S.C. 134, any subsequent amendments to that statute, and any implementing regulations;and WHEREAS, it is the desire of these parties that all prior Memoranda of Understanding between the parties be superseded and replaced by this Memorandum of Understanding. NOW THEREFORE the following Memorandum of Understanding is made: SECTION 1: It is hereby agreed that the CITY OF BURLINGTON, CITY OF GRAHAM, TOWN OF ELON, TOWN OF GIBSONVILLE, CITY OF MEBANE, TOWN OF HAW RIVER, TOWN OF WHITSETT, TOWN OF GREEN LEVEL, VILLAGE OF ALAMANCE, ALAMANCE COUNTY, GUILFORD COUNTY, ORANGE COUNTY AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION in cooperation with the UNITED STATES DEPARTMENT OF TRANSPORTATION,will participate in a continuing transportation planning process with responsibilities and undertakings as related in the following paragraphs: 1. The area involved, the Burlington-Graham Metropolitan Planning Area, will be the Burlington-Graham urbanized area as defined by the United States Department of Commerce, Bureau of the Census plus that area beyond the existing urbanized area boundary that is expected to become urban within a twenty year planning period. This area is hereinafter referred to as the Planning Area. ATTACHMENT RROVED BY THE BOCC ON 11-08-2012 2. The continuing transportation planning process will be a cooperative one and all planning discussion will be reflective of and responsive to the comprehensive plans for growth and development of the Planning Area. 3. The continuing transportation planning process will be in accordance with the intent, procedures,and programs of Title VI of the Civil Rights Act of 1964,as amended. 4. The Planning Area may be periodically reassessed and revised in the light of new developments and data projections. 5. A Burlington-Graham Transportation Advisory Committee, hereinafter referred to as the TAC, is hereby established with responsibility for serving as a forum for cooperative transportation planning and decision making for the Burlington-Graham Metropolitan Planning Organization. The TAC shall consist of a representative appointed by member Boards of Local Government and a member of the North Carolina Board of Transportation. a. The TAC members shall have the responsibility for keeping their respective policy boards informed of the status and requirements of the transportation planning process; assisting in the dissemination and clarification of the decisions, inclinations,and policies of the local boards they represent; and ensuring meaningful citizen participation in the transportation planning process. The membership and voting structure of the TAC is listed below: Weighted Regular Governmental Body Votes Votes Burlington 6 2 Graham 3 1 Elon 1 1 Gibsonville 1 1 Mebane 1 1 Haw River 1 1 Whitsett 1 1 Green Level 1 1 Alamance 1 1 Alamance County 2 1 Guilford County 1 1 Orange County 1 1 Department of Transportation 1 1 TOTAL 21 14 b. Weighted votes shall be reevaluated every 10 years based on the results of the most recent decennial U.S. Census. Weighted vote distribution is based on the population within municipal /county /MPO boundaries and extra-territorial jurisdiction areas may be adjusted at the discretion of the TAC depending on population changes. ATTACHMENT 2 (AS APRROVED BY THE BOCC ON 11-08-20121 c. Members will vote on matters pursuant to the authority granted by their respective governmental body. If a weighted vote is to be used it must be called for prior to the vote by a member. Otherwise,each member has regular vote privileges. d. Any member who does not attend two consecutive TAC meetings will not be included as part of the membership needed to obtain a quorum after the second meeting. Membership, however, is immediately reinstated by the presence of the most recently appointed member (or his/her alternate) at any future meeting. A quorum is required for the transaction of all business, including conducting meetings or hearings, participating in deliberations, or voting upon or otherwise transacting the public business. A quorum consists of 51% of the members of the TAC, plus as many additional members as may be required to ensure that 51% of possible votes are present, excluding those who have been removed for absenteeism,and applies to regular membership,not weighted vote. The TAC will meet as often as it is deemed necessary, appropriate and advisable. On the basis of majority vote of its membership, the TAC may elect a member of the committee to act as chairperson with the responsibility for coordination of the committee's activities. In addition,representatives from each of the following agencies will serve as non-voting members of the TAC: -Federal Highway Administration -NCDOT Transportation Planning Branch,MPO Coordinator -NCDOT Division 7 Engineer -Burlington Graham MPO Coordinator/Secretary - Other Local, State, or Federal agencies impacting transportation in the Planning Area at the invitation of the TAC. 6. A member of any local elected board may serve as an alternate to the designated TAC member for each member. The Burlington-Graham MPO Secretary shall be notified of a TAC alternate member each year and as changes are made. 7. The TAC shall meet as often as it is deemed appropriate and advisable, and shall elect a Chair and Vice-Chair based on a majority vote each January. 8. The duties and responsibilities of the TAC are as follows: a. The TAC, in cooperation with the State, shall be responsible for carrying out the urban transportation planning process specified by the U.S. Department of Transportation in 23 U.S.C. 134. It shall review, develop, and endorse the Planning Work Program (PWP), the Transportation Improvement Program (TIP) and the Long Range Transportation Plan(LRTP); b. Review and approval of the Metropolitan Transportation Improvement Program (MTIP) for multi-modal capital and operating expenditures and to ensure coordination between local and state capital and operating improvement programs; ATTACHMENT 2 (AS APRROVED BY THE BOCC ON 11-08-2012) C. The TAC shall not set policy for the planning area but shall establish goals and objectives for the transportation planning process reflective of and responsive to comprehensive plans for growth and development in the MPO planning area; d. Endorse, review and approval of the Comprehensive Transportation Plan (CTP). As required by the NCGS 136-66.2(d), any revision in the CTP must be jointly approved by the MPO and NCDOT; e. The TAC, as required, shall review, approve, and endorse amendments to the Planning Work Program, the CTP, the LRTP and the Transportation Improvement Program; f. The TAC shall have the responsibility for keeping boards of general purpose local government informed of the status and requirements of the transportation planning process; assisting in the dissemination and clarification of the decisions, inclinations, and policies of these boards; and ensuring meaningful citizen participation in the transportation planning process; g. The TAC shall review, approve and endorse changes to the Federal-Aid Functional Classification System and MPO's Metropolitan Planning Area Boundary(MPA); h. The TAC shall review, approve, and endorse a "Prospectus for Transportation Planning"which defines work tasks and responsibilities for the various agencies participating in the transportation planning process;and L The TAC shall review and approve related air quality planning in conformance with federal regulations if the Planning Area becomes non-attainment for air quality. j. The representative from each general purpose local government on the TAC shall be responsible for instructing the clerk of his/her local government to submit copies of minutes or resolutions to the secretary of the TAC when formal action involving any MPO plan is taken by his/her local government. k. Any other duties identified as necessary to further facilitate the transportation planning process. 9. Municipal councils, boards of alderman and county commissioners represented on the TAC shall serve as the primary means for citizen input in the transportation planning process. This citizen involvement will be obtained through goals and objectives surveys, forums,and public meetings. 10. A Technical Coordinating Committee, hereinafter referred to as the TCC, shall be established with the responsibility of general review, guidance and coordination of the transportation planning process for the planning area, and with the responsibility for making recommendations to the respective local and state governmental agencies and the TAC regarding any necessary actions relating to the continuing transportation planning process. The TCC shall be responsible for development,review, and recommendation for approval ATTACHMENT 2 (AS APRROVED BY THE BOCC ON 11-08-20121 of the Comprehensive Transportation Plan, Prospectus, Transportation Improvement Program, Long Range Transportation Plan, and Federal-Aid Urban System and Urbanized Boundary. The TCC shall also be responsible for promoting citizen participation and preparing documentation reports for transportation studies. Membership of the TCC shall include technical representation from all local and state and federal government agencies directly related to and concerned with the transportation planning process for the BGMPO planning area. The TCC shall be comprised of the following members: a. Alamance County, one representative b. Alamance County Transportation Authority,one representative C. City of Burlington, four representatives d. City of Graham,two representatives e. Burlington-Alamance Airport Authority,one representative f. Town of Elon,one representative g. Town of Gibsonville, one representative h. Town of Haw River, one representative i. City of Mebane,one representative j. Town of Whitsett, one representative k. Town of Green Level,one representative 1. Village of Alamance, one representative M. Guilford County,one representative n. Orange County, one representative o. Burlington Regional Airport Authority,one representative P. North Carolina Department of Transportation, Public Transportation Division, one representative q. North Carolina Department of Transportation, Transportation Planning Branch, one representative ATTACHMENT 2 (AS APRROVED BY THE BOCC ON 11-08-20121 r. North Carolina Department of Transportation,Division Engineer for Division 7 S. North Carolina Department of Transportation,Area Traffic Engineer t. Federal Highway Administration(FHWA)North Carolina,one representative Other local agencies,upon filing a request,will be notified and invited to all meetings of the TCC. Such agencies may include Alamance-Burlington Schools and various city and county departments/off ces. The TCC shall meet when it is deemed appropriate and advisable, and shall elect a Chair and Vice Chair annually beginning each January based on a majority vote. 11. The City of Burlington shall serve as the Lead Planning Agency. Administrative coordination for the TAC and the TCC will be provided by the City of Burlington as the Lead Planning Agency who shall report to the City of Burlington Planning Director. The Lead Planning Agency will be responsible for the following functions: -Providing a secretary for the TAC and the TCC -Arranging meetings and agendas -Maintaining minutes and records -Preparing a Prospectus and Planning Work Program -Serving as custodian of all MPO plans and documents - Collecting from local governments, minutes and resolutions that document transportation plan revisions, and submitting these for mutual adoption by the North Carolina Department of Transportation - Monitoring the transportation planning process to insure its execution is in accordance with the MPO goals and objectives. - Performing other coordinating functions as assigned by the TAC from time to time. - Lead responsibility for structuring public involvement in the transportation planning process. -Preparation of the PL Expenditure Report and other grant management 12. All transportation and related Federal Aid planning grant funds available to promote the cooperative transportation planning process will be expended in accordance with the Planning Work Program adopted by the TAC. Administration of funding in support of the transportation planning process on behalf of the TAC will be conducted by the City of ATTACHMENT 2 (AS APRROVED BY THE BOCC ON 11-08-20121 Burlington which will execute appropriate agreements with funding agencies as provided by the Planning Work Program. 13. The Transportation Advisory Committee (TAC)and the Technical Coordinating Committee (TCC), as well as any established sub-committees are responsible for carrying out the provisions on North Carolina G.S. Chapter 143, Article 33C regarding open meetings, and Chapter 132 regarding public records. A quorum is required for transaction of all business, including conducting meetings or hearings, participating in deliberations, or voting upon or otherwise transacting public business. A quorum consists of 51% of the members of the TAC or TCC, plus as many additional members as may be required to ensure that 51% of possible votes are present. An alternate may be appointed to attend meetings should the member not be able to attend. Alternates should be identified by name on the meeting attendance log. Vacant seats will not count against the quorum. Electronic meetings and voting ARE allowed as long as proper public notice is given and meeting materials are available to the public upon request. SECTION 2: Subscribing agencies to this Memorandum of Understanding may terminate their participation in the Continuing Transportation Planning Process by giving sixty days written notice to other parties prior to the date of termination. It is further agreed that these agencies will assist in the transportation planning process by providing planning assistance, data, and other requested information. Additionally, these agencies shall coordinate zoning and subdivision approval in accordance with the adopted Transportation Plan(s). SECTION 3: This Amended Memorandum of Understanding supersedes and replaces any prior memorandum(s)of understanding between the parties regarding the Burlington-Graham MPO. SECTION 4: In witness whereof, the parties of this Memorandum of Understanding have been authorized by appropriate and proper resolutions to sign the same, the City of Burlington by its Mayor, the City of Graham by its Mayor, the Town of Elon by its Mayor, the Town of Gibsonville by its Mayor, the City of Mebane by its Mayor,the Town of Haw River by its Mayor, the Town of Whitsett by its Mayor, the Town of Green Level by its Mayor, Village of Alamance by its Mayor, Alamance County by its Chair of the Board of Commissioners, Guilford County by its Chair of the Board of Commissioners, Orange County by its Chair of the Board of Commissioners, and the Department of Transportation by the Secretary of Transportation. This day of ,2012. ATTACHMENT 2 (AS APRROVED BY THE BOCC ON 11-08-20121 (SIGNATURE PAGE FOR ORANGE COUNTY) (S 1) S2 Orange County Ab U County Clerk Chair,Board of County Commissioners . t �. ...