HomeMy WebLinkAboutAgenda - 09-05-2013 - 7bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 5, 2013
Action Agenda
Item No. 7 -b
SUBJECT: Durham - Chapel Hill - Carrboro Metropolitan Planning Organization Member
Agencies Memorandum of Understanding Revisions
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Letter from DCHC MPO Bret Martin, Transportation Planner, 245-
2. Flowchart of MOU Revision Process 2582
3. Revised Draft MOU Tom Altieri, Comprehensive Planning
4. Existing MOU (1994) Supervisor, 245 -2579
Craig Benedict, Planning Director, 245 -2592
PURPOSE: To provide input on draft revisions to the Memorandum of Understanding (MOU)
between the member agencies of the Durham - Chapel Hill - Carrboro Metropolitan Planning
Organization (DCHC MPO).
BACKGROUND: The MPO is a partnership of the member governments within the Durham
Urbanized Area /MPO planning area and the North Carolina Department of Transportation in
cooperation with the United States Department of Transportation. Membership within the MPO
is established through an MOU between its member organizations that was last executed in
1994.
Per the attached letter (Attachment 1) from MPO staff, the MPO has proposed an update to this
MOU and is requesting that Orange County review and provide comments on the draft revisions
by September 10, 2013. Comments collected will be reviewed by the MPO's Technical
Coordinating Committee (TCC) and governing board, and a final draft will be forwarded to all
member governments for approval later this year. Attachment 2 is an illustration of the revision
process.
Attachment 3 is the revised MOU complete with comments in the margin that explain the
changes that are being recommended. County Planning staff participated in subcommittee
meetings with MPO and partner agency staff to develop the current draft and is supportive of
the revisions. From County Planning staff's perspective, the most significant proposed revisions
are:
• Addition of Triangle Transit to the MPO's member governments and inclusion as a voting
member on the MPO Board, previously known as the Transportation Advisory Committee
(TAC);
1
• Addition of a weighted vote for Orange County on the MPO Board based on updated
population figures from the 2010 US Census, subject to the following notes:
• The total number of weighted votes allocated among member agencies is
increasing from 15 to 19, and
• Historically, weighted voting has rarely been instituted for matters coming before
the MPO Board but is available as an option to MPO Board members,
• Additional voting membership on the MPO's staff board; and
• Inclusion of cost sharing among member governments for the local match associated
with the MPO's work program.
The existing (1994) MOU is provided (Attachment 4) for reference if needed.
FINANCIAL IMPACT: Other than staff time, there is no financial impact associated with this
item. Orange County's share of the cost ($28,080) for the MPO's work program is included in
the County's FY 2013 -14 budget.
RECOMMENDATION(S): The Manager recommends the Board provide any feedback it may
have to convey to the MPO for consideration during preparation of the final draft MOU.
Attachment 1
W
DURHAM - CHAPEL HILL - CARRBORO
METROPOLITAN PLANNING ORGANIZATION
Member Organizations: Town of Carrboro • Town of Chapel Hill • County of Chatham • City of Durham
Durham County • Town of Hillsborough • NC Department of Transportation - Orange County
June 10, 2013
Mr. Frank Clifton
Manager
Orange County
P.O. Box 8181
Hillsborough, NC 27278
Dear Mr. Clifton:
Orange County is a valued member of the Durham - Chapel Hill - Carrboro Metropolitan Planning
Organization (DCHC MPO), the transportation planning agency charged with fulfilling federal
metropolitan planning requirements in the Durham Urbanized Area. The MPO is a partnership of the
member governments in the Durham Urbanized Area and the North Carolina Department of
Transportation in cooperation with the United States Department of Transportation. The MPO is
established through a Memorandum of Understanding (MOU) between its member organizations. The
MPO has proposed an update to this MOU and is requesting that Orange County review and provide
comments on the updated document by September 10, 2013. After MPO staff and the MPO's governing
board, the Transportation Advisory Committee, have reviewed all comments on the document, the final
MOU will be requested to be approved by the governing boards of all member governments of the
MPO.
The DCHC MPO's current MOU was executed in 1994 and is provided as an attachment to this letter.
Several updates and changes have been proposed to this document to reflect current federal and state
legislation and regulations, planning practices of the MPO, updated population figures, and best
planning principles. The MPO's proposed draft MOU is also included as an attachment to this letter.
The proposed draft MOU includes highlights and comments to indicate language that has been updated
and changed.
In summary, the major proposed changes are:
• References to new and updated federal and state legislation and regulations;
• More descriptive names for the MPO's governing board and staff board;
• Addition of required planning procedures and processes to the MPO's responsibilities ;
• Addition of Triangle Transit to the MPO's member governments and inclusion as a voting
member of the governing board to fulfill a new federal requirement;
• Adjustment to the weighted voting provision to reflect current population figures. The table
below displays the 2010 Census population figures for the MPO for reference;
City of Durham • Department of Transportation • 101 City Hall Plaza • Durham, NC 27701 • Phone (919) 560 -4366 • Facsimile (919) 560 -4561
CI
Agency
2010
Census
Population
2010
Census
Population
Share
Current
MOU
Weighted
Votes
Current
MOU
Weighted
Voting
Share
Proposed
Number
of TAC
Members
Proposed
MOU
Weighted
Votes
Proposed
MOU
Weighted
Voting
Share
Durham City
228,330
0.58
6
0.40
2
8
0.40
Chapel Hill
57,233
0.15
2
0.13
1
3
0.15
Durham County
35,384
0.09
2
0.13
1
2
0.10
Orange County
34,172
0.09
1
0.07
1
2
0.10
Carrboro
19,582
0.05
1
0.07
1
1
0.05
Chatham County
13,809
0.03
1
0.07
1
1
0.05
Hillsborough
6,087
0.02
1
0.07
1
1
0.05
NC BOT
N/A
N/A
1
0.07
1
1
0.05
Triangle Transit
N/A
N/A
N/A
N/A
1
1
0.05
*The County population figures only include the non- incorporated population. The Town of Cary has 1,422
residents in the portion of Chatham County within the MPO. The City of Raleigh has 1,067 residents in Durham
County within the MPO. These residents are not included in the county population figures above. The Town of
Cary and City of Raleigh are both members of the NC Capital Area MPO.
• Changes to the MPO's responsibilities and member governments' responsibilities to reflect the
approved cost - sharing among member governments for the local match associated with the
MPO's work program; and
• Additional voting and non - voting membership on the MPO's staff board.
Coordinating an update to the MPO's MOU is a complex and time - consuming task as it requires
agreement and execution by the governing boards of all of the MPO's member governments. We
appreciate you and your staff's careful consideration of the enclosed document over the next few
months. MPO staff members are available to meet and discuss this document with Orange County and
can assist with any necessary presentation of the document to staff or governing boards. Please contact
Felix Nwoko at felix.nwoko @durhamnc.eov or 919 - 560 -4366 x36424 with any questions or to schedule
a meeting.
Sincerely,
/V-Lvv K-0
Felix Nwoko
Planning Manager
Cc: Craig Benedict, Orange County
Tom Altieri, Orange County
Bret Martin, Orange County
Active 1993 MOU
ransportation Coordinating
Committee (TCC) Review,
includes Orange County Staff
Transportation Advisory
ommittee (TAC) review and
early input
TCC Final Draft
MPO Members Formal
Approval
TAC Final Approval
MPO Member Agency
Governing Bodies Early
Input, including Orange
County BOCC
Orange County BOCC Final
Approval
Attachment 3
6
DURHAM - CHAPEL HILL - CARRBORO
METROPOLITAN PLANNING ORGANIZATION
MEMORANDUM OF UNDERSTANDING
FOR
COOPERATIVE, COMPREHENSIVE, AND CONTINUING
TRANSPORTATION PLANNING
Between
THE GOVERNOR OF THE STATE OF NORTH CAROLINA,
CITY OF DURHAM, TOWN OF CHAPEL HILL, TOWN OF CARRBORO
TOWN OF HILLSBOROUGH, COUNTY OF DURHAM,
COUNTY OF ORANGE, COUNTY OF CHATHAM, TRIANGLE TRANSIT1 AND I Comment [BEl]: Added
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
in cooperation with
THE UNITED STATES DEPARTMENT OF TRANSPORTATION
DATE
WITNESSETH THAT
WHEREAS, Section 134(a) of Title 23 United States Codes states:) Comment [BE2]: Reference U.S.c frst as it
establishes the basis for MPOs
Policy– It is in the national interest—
(1) to encourage and promote the safe and efficient management, operation,
and development of surface transportation systems that will serve the mobility
needs of people and freight and foster economic growth and development
within and between States and urbanized areas, while minimizing
transportation - related fuel consumption and air pollution through metropolitan
and statewide transportation planning processes identified in this chapter; and
(2) to encourage the continued improvement and evolution of the metropolitan
and statewide transportation planning processes by metropolitan planning
organizations, State departments of transportation, and public transit operators
as guided by the planning factors identified in subsection (h) and section 135(d).
WHEREAS, Section 134(c) of Title 23 United States Codes states:
General Requirements. —
(1) Development of long -range plans and TIPS.— To accomplish the objectives in
subsection (a), metropolitan planning organizations designated under subsection
(d), in cooperation with the State and public transportation operators, shall
develop long -range transportation plans and transportation improvement
programs through a performance- driven, outcome -based approach to planning
for metropolitan areas of the State.
(2) Contents.— The plans and TIPS for each metropolitan area shall provide for
the development and integrated management and operation of transportation
systems and facilities (including accessible pedestrian walkways and bicycle
transportation facilities) that will function as an intermodal transportation
system for the metropolitan planning area and as an integral part of an
intermodal transportation system for the State and the United States.
(3) Process of development.— The process for developing the plans and TIPS
shall provide for consideration of all modes of transportation and shall be
continuing, cooperative, and comprehensive to the degree appropriate, based
on the complexity of the transportation problems to be addressed.
WHEREAS, Chapter 136, Section 66.2(a) of the General Statutes of North Carolina states
Each MPO, with cooperation of the Department of Transportation, shall develop a
comprehensive transportation plan in accordance with 23 U.S.C. Section 134. In
addition, an MPO may include projects in its transportation plan that are not included in
a financially constrained plan or are anticipated to be needed beyond the horizon year
as required by 23 U.S.C. Section 134. For municipalities located within an MPO, the
development of a comprehensive transportation plan will take place through the
metropolitan planning organization. For purposes of transportation planning and
programming, the MPO shall represent the municipality's interests to the Department of
Transportation.
WHEREAS, Chapter 136, Section 66.2(b) of the General Statutes of North Carolina states:
After completion and analysis of the plan, the plan shall be adopted by both the
governing body of the municipality or MPO and the Department of Transportation as
the basis for future transportation improvements in and around the municipality or
within the MPO. The governing body of the municipality and the Department of
Transportation shall reach agreement as to which of the existing and proposed streets
and highways included in the adopted plan will be a part of the State highway system
and which streets will be a part of the municipal street system. As used in this Article,
the State highway system shall mean both the primary highway system of the State and
the secondary road system of the State within municipalities.
WHEREAS, Chapter 136, Section 66.2(d) of the General Statutes of North Carolina states:
For MPOs, either the MPO or the Department of Transportation may propose changes
in the plan at any time by giving notice to the other party, but no change shall be
effective until it is adopted by both the Department of Transportation and the MPO.
7
Comment [BE3]: Reference N.C. General
Statutes second as it establishes a requirement for
MPGs
WHEREAS, a transportation planning process includes the operational procedures and working
arrangements by which short and long -range transportation plans are soundly conceived and
developed and continuously evaluated in a manner that will:
1. Assist governing bodies and official agencies in determining courses of action and in
formulating attainable capital improvement programs in anticipation of community
needs; and,
2. Guide private individuals and groups in planning their decisions which can be important
factors in the pattern of future development and redevelopment of the area;
WHEREAS, it is the desire of these agencies that a continuing, cooperative, and comprehensive
transportation planning process, be established for the Durham Urbanized Area in compliance
with Title 23 U.S.C. Section 134 and any subsequent amendments to that statute, and any
implementing regulations; �itle 49 U.S.C. Chapter 53 and any subsequent amendments to these
statutes and any implementing regulations; and (the Clean Air Act of 1970, as amended, [42
U.S.C. 7504 and 7506(c)
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:
Sartinn 1
Comment [BE4]: Changed reference from
Federal Transit Act of 1991 to the U.S.C. related to
Metropolitan Planning and public transportation
Comment [BE5]: Added Clean Air Act —
references U.S.C. requirements on conformity
It is hereby agreed that the City of Durham, Town of Chapel Hill, Town of Carrboro, Town of
Hillsborough, County of Durham, County of Orange, County of Chatham, and the North Carolina
Department of Transportation in cooperation with the United States Department of
Transportation will participate in a continuing, (cooperative, and comprehensive (transportation Comment [BE6]: Added.
planning process with responsibilities and undertakings as related in the following paragraphs:
The Durham - Chapel Hill - Carrboro (Metropolitan Planning Area will consist of the
(Durham 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 urbanized or be affected by urban policies within a twenty -year
planning period. This area is hereinafter referred to as the Metropolitan Planning Area.
Comment [BE7]: Metropolitan Planning Area —
not Metropolitan Area Boundary— is term used in
U.S.C.
Comment [BE8]: Changed from Durharn- Chapel
Hill-Carrboro Urbanized Area. Census uses
"Durham Urbanized Area"
The Durham - Chapel Hill - Carrboro Metropolitan Planning Organization (DCHC MPO) shall
include the boards of general purpose local government — the Durham City Council,
Chapel Hill Town Council, Carrboro Board of Aldermen, Hillsborough Board of
Commissioners, Durham County Board of Commissioners, Orange County Board of
Commissioners, and Chatham County Board of Commissioners; the North Carolina
Department of Transportation; a IMPO Board (hereinafter defined, a IMPO Technical comment [BE9]: New name for TAc
hereinafter defined, and the various agencies and units of local, Iregiona
state, and federal government participating in the transportation planning for the area
3. The Metropolitan Planning Area boundary will be periodically reviewed and revised in
light of new developments, basic data projections for the current planning period, and
as may otherwise be required by federal and state laws.
4. The continuing transportation planning process will be a cooperative one reflective of
and responsive to the programs of the North Carolina Department of Transportation,
and to the comprehensive plans for growth and development of the Municipalities of
Durham, Chapel Hill, Carrboro, and Hillsborough; and the Counties of Durham, Orange,
and Chatham. Attention will be given to cooperative planning with )the neighboring
metropolitan and rural planning organization
5. 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.
6. 1The continuing transportation planning process will be in accordance with the intent,
procedures, and programs of Clean Air Act of 1970, as amended.)
7. Transportation policy decisions within the Planning Area are the shared responsibility of
the MPO Board, the N.C. Board of Transportation, and participating local governments.
8. Transportation plans and programs, and land use policies and programs, for the
Planning Area, having regional impacts, will be coordinated with Triangle Transit the
neighboring metropolitan and rural planning organizations,) and Triangle J Council of
Governments.
9. A MPO Board is hereby established with the responsibility for cooperative
transportation decision - making for the Durham - Chapel Hill - Carrboro Metropolitan
Planning Organization (DCHC MPO). The MPO Board shall have the responsibility for
keeping the 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 policy boards, and for providing opportunities
for citizen participation in the transportation planning process.
The MPO Board will be responsible for carrying out the provisions of 23 U.S.C. Section
134; �itle 49 U.S.C. Chapter 531; and 142 U.S.C. 7504 and 7506(c)1; including but not
limited to:
a. Establishment of goals and objectives for the transportation planning process;
9
Comment [BE10]: New name for TCC
Comment [BEll]: Added regional. Could refer
to TJCOG, Triangle Transit, etc.
Comment [BE12]: Changed to more inclusive
language (previously only referenced CAMPO) .
Comment [BE13]: Added
Comment [BE14]: Changed to more inclusive
language (previously only referenced CAMPO'.
Comment [BE15]: Updated reference to public
transportation U.S.C.
Comment [BE16]: Added. References Clean Air
Act requirements.
10
b. Review and approval of a Prospectus for transportation planning which defines
work tasks and responsibilities for the various agencies participating in the
transportation planning process;
c. Review and approval of the transportation Unified Planning Work Program;
d. (Review and approval of changes to the National Highway System, Functional
Classification, and Metropolitan Planning Area boundary;( comment[BE17]:OldMOUincludes ` iuban
area boundary". Urbanized area set by Census.
Smoothed UZA no longer necessary.
e. (Review and approval of the Comprehensive and Metropolitan Transportation
Plans. As specified in General Statutes Section 136- 66.2(a), the Comprehensive
Transportation Plan shall include the projects in the Metropolitan Transportation
Plan as well as projects that are not included in the financially constrained plan
or are anticipated to be needed beyond the horizon year as required by 23 U.S.C.
Section 134. As specified in General Statutes Section 136- 66.2(d) revisions to the
Comprehensive Transportation Plan may be required to be jointly approved by
the North Carolina Department of Transportation and the MPO Board;
Review and approval of the Transportation Improvement Program and changes
to the Transportation Improvement Program. As specified in 23 U.S.C. Section
134(k), all federally funded projects carried out within the boundaries of a
metropolitan planning area serving a transportation management area
(excluding projects carried out on the National Highway System) shall be
selected for implementation from the approved TIP by the metropolitan
planning organization designated for the area in consultation with the State and
any affected public transportation operator;)
g. (Review and approval of planning procedures for air quality conformity and
review and approval of air quality conformity determination for projects,
programs, and plans;)
h. (Review and approval of a Congestion Management Process;)
i. (Review and approval of the distribution and oversight of federal funds designated
for the Durham Urbanized Area under the provisions of MAP -21 and any other
subsequent Transportation Auth
Comment [BE181: Updated to reflect current
names of plans and legislation.
Comment [BE19]: Added reference to specific
language for selection of TIP projects in
Transportation Management Areas.
Comment [BE20]: Added
Comment [BE21]: Added
Comment [BE22]: Added
j. (Review and approval of a policy for public involvement for the DCHC MPO; _- Comment [BE23]: Added
k. (Review and approval of an agreement between the MPO, the State, and public
transportation operators serving the Metropolitan Planning Area that defines
mutual responsibilities for carrying out the metropolitan planning process in
accordance with 23 C.F.R. 450.314;1 Comment [BE24]: Added
I. (Oversight of the Lead Planning Agency staff
m. Revision in membership of the MPO Technical Committee hereinafter defined;
n. Development and approval of committee bylaws for the purpose of establishing
operating policies and procedures;
11
Comment [BE25]: Added
o. (Review and approval of cooperative agreements with other transportation
organizations, transportation providers, counties, and municipalities. comment [BE26]: Added.
The membership of the MPO Board shall include:
a. Two members of the Durham City Council;
b. One member of the Chapel Hill Town Council;
c. One member of the Carrboro Board of Aldermen;
d. One member of the Hillsborough Board of Commissioners;
e. One member of the Durham County Board of Commissioners;
f. One member of the Orange County Board of Commissioners;
g. One member of the Chatham County Board of Commissioners;
h. One member of the North Carolina Board of Transportation;
i. One member of the Triangle Transit Board of Trustees.
Municipal and county public transit providers shall be represented on the MPO Board
through their respective municipal and county local government board members.
It shall be the responsibility of each member jurisdiction to appoint a representative and
an alternate(s) to the MPO Board.
A quorum of the MPO Board shall consist of a majority of the voting members whose
votes together represent a majority of the possible weighted votes identified in the
weighted vote schedule below. A majority vote shall be sufficient for approval of
matters coming before the committee with the exception that a committee member
may invoke the following weighted vote provisions on any matter:
Government Body
Votes
City of Durham
8*
Town of Chapel Hill
3
Durham County
2
Orange County
2
Town of Carrboro
1
Chatham County
1
Town of Hillsborough
1
N.C. Board of Transportation
1
Triangle Transit
1
Ca
Comment [BE27]: Added to address MAP -21
requirement that transit providers be voting members
of the MPO Board.
Total 20
* 4 votes per representa
Representatives from each of the following bodies will serve as non - voting members of
the MPO Board:
a. A representative of the Federal Highway Administration;
b. A representative of the Federal Transit Administration;)
c. Other local, regional, state, or federal agencies impacting transportation in the
planning area at the invitation of the MPO Board.
12
Comment [BE28]: Proposed Weighted Voting is
based on the current MOU, but gives Orange County
an additional vote to be equivalent to Durham
County (actual populations are very close), gives
Chapel Hill one additional vote, and gives City of
Durham two additional votes.
Quorum is 6 members who represent 11 weighted
votes.
Comment [BE29]: Current MOU "A Division
Adnuinistrator(s) of the Federal Highway
Administration and/or the Federal Transit
Administration, or their representative(s);"
The MPO Board will meet as often as it is deemed appropriate and advisable. On the
basis of a majority vote, the MPO Board may appoint members of the Board to act as
Chair and Vice -Chair with the responsibility for coordination of the Board's activities. A
member of the (Lead Planning Agency staff will serve as Secretary to the Board and will Comment [BE30]: Changed frorn City of
work cooperatively with the staff of other jurisdictions. Durham Department of Transportation
10. A MPO Technical Committee 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, state, and federal governmental agencies and the MPO Board regarding any
necessary actions relating to the continuing transportation planning process. The MPO
Technical Committee shall be responsible for development, review and
recommendations for approval and changes to the Prospectus, Unified Planning Work
Program, Transportation Improvement Program, National Highway System, Functional
Classification, Metropolitan Planning Area boundary, Metropolitan Transportation Plan,
and Comprehensive Transportation Plan, for planning citizen participation, and for
documenting reports of the transportation study.
Membership of the MPO Technical Committee shall include technical representatives
from local and state agencies directly related to and concerned with the transportation
planning process for the planning area. Representatives will be designated by the chief
executive officer of each represented agency. (Departments or divisions within local and
state agencies that should be represented on the MPO Technical Committee include,
but are not limited to, those responsible for transportation planning, land use planning,
transportation operations, public works and construction, engineering, public
transportation, environmental conservation and planning, bicycle and pedestrian
planning, and economic development.) Initially, the membership shall include, but not
be limited to, the following:
a. The City of Durham 5 representatives
b. The Town of Chapel Hill 3 representatives
c. The Town of Carrboro 2 representatives
Comment [BE31]: Added.
13
d. The Town of Hillsborough 1 representative
e. Durham County 3 representatives
f. Orange County I3l representatives Comment [BE32]: Increased to 3 to be equal
g. Chatham County 1 representative with DurtranrCounty.
h. The N.C. Department of Transportation
5 representatives
i. Triangle J Council of Governments
1 representative
j. Duke University
1 representative
k. N.C. Central University
1 representative
I. The University of North Carolina
1 representative
m. The Raleigh- Durham Airport Authority
1 representative
n. Triangle Transit
1 representative
o. The Research Triangle Park Foundation
1 representative
p. �he N.C. Department of the Environment and
1 representative
Natural Resources)
Comment [BE33]: Added due toairqualityand
Merger Process roles
�he City of Durham's membership shall not include members of the Lead Planning
Agency staff.)
In addition to voting membership, the following agencies shall have non - voting
membership:
a. �he Federal Highway Administration
b. The Federal Transit Administration
c. �he U.S. Army Corps of Engineers
d. The U.S. Environmental Protection Agency
e. The U.S. Fish and Wildlife Service
f. The N.C. Department of Cultural Resources
g. The N.C. Department of Commerce
h. �he U.S. Department of Housing and Urban
i. �he N.C. Railroad Company
j. The N.C. Trucking Association
k. �he N.C. Motorcoach Association
I. (Regional Transportation Alliance
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
The MPO Technical Committee shall meet when it is deemed appropriate and advisable
On the basis of a majority vote, the MPO Technical Committee may appoint voting
members of the Committee to act as Chair and Vice -Chair with the responsibility for
coordination of the Committee's activities.
11. The Durham City Council, Chapel Hill Town Council, Carrboro Board of Aldermen,
Hillsborough Board of Commissioners, Durham County Board of Commissioners, Orange
County Board of Commissioners, and Chatham County Board of Commissioners shall
serve as the primary means for citizen input to the continuing transportation planning
Comment [BE34]: Added
Comment [BE35]: Current MOU says 2 from
USDOT. Proposed MOU specifically requests one
front FHWA and one front FTA.
Comment [BE36]: Added —all have role in
Merger Process
Comment [BE37]: Added due to Livability
Initiative.
Comment [BE38]: Added to incorporate freight
interests.
Comment [BE39]: Added as a substitute for the
Greyhound membership currently in the TCC
bylaws. Represents private chatter bus operators.
Comment [BE40]: Added to incorporate
economic development interests.
14
process. During the Metropolitan Transportation Plan reevaluation, citizen involvement
in the planning process shall be encouraged during re- analysis of goals and objectives
and plan formation. This citizen involvement will be obtained through IproceduresL_ Comment [BE41]: Deleted "...goals and
outlined In the MPO's policy for UbIIC nVOIVement. objectives surveys, neighborhoodfonuns,andpublic
y I
p hearings in accordance with..."
Comment [BE42]: Changed from "North
The MPO Board may also receive public input or hold public hearings as may also be Carolina Highway Action Plan"
required by federal or state law.
Section II
It is further agreed that the subscribing agencies will have the following responsibilities, these
responsibilities being those most logically assumed by the several agencies:
he Municipalities and the Counties Comment [BE43]: Condensed into oneSection
.
Current MOU includes identical language for all
seven municipalities and counties.
The municipalities and the counties will assist in the transportation planning process by
providing planning assistance, data, and inventories in accordance with the Prospectus.
The municipalities and the counties shall coordinate zoning and subdivision approval
within their respective jurisdictions in accordance with the adopted Metropolitan
Transportation Plan and the Comprehensive Transportation Plan.
Additionally, the City of Durham will serve as the Lead Planning Agency for the
transportation planning process in the Planning Area.
�he municipalities and the counties will participate in funding the portion of the costs of
the MPO's work program not covered by federal or state funding as approved by the
MPO Board. The portion to be paid by each municipal and county member government
will be based upon its pro rata share of population within the MPO Planning Area,
utilizing the most recent certified North Carolina Office of State Planning municipal and
county population estimates. In addition, MPO members may also voluntarily
contribute additional funds for other purposes such as to participate in funding the
costs of special studies, or other specialized services as mutually agreed upon. Comment [BE44]: Added. uses same language
as CAMPO.
(Failure to pay the approved share of costs shall invalidate the MPO's Unified Planning
Work Program and annual MPO self- certification as required by 23 CFR 450.334. Failure
to certify shall result in the withholding of transportation project funds to the
metropolitan planning area in accordance with federal law. In order to avoid this, the
MPO Board shall amend the Unified Planning Work Program.) comment [BE46]: Added.
The municipalities and the counties receiving federal transportation funding designated
for the Durham Urbanized Area as approved by the MPO Board through the Unified
Planning Work Program shall comply with adopted reporting and oversight procedures. L comment [BEas]: Addeo
North Carolina Department of Transportation
15
The Department will assist in the transportation planning process by providing planning
assistance, data, and inventories in accordance with the Prospectus. The Department, to
the fullest extent possible and as permitted by existing state and federal regulations, will
provide assistance in the protection of necessary rights -of -way for those transportation
facilities) designated in the adopted Metropolitan Transportation Plan and Comment [BE47]: Chmgedfroin
Comprehensive Transportation Plan. "thoroughfares"
Iriangle Transit
Triangle Transit will assist in the transportation planning process by providing planning
assistance, data, and inventories in accordance with the Prospectus. Triangle Transit
shall comply with adopted reporting and oversight procedures for the receipt of federal
transportation funding designated for the Durham Urbanized Area as approved by the
MPO Board through the Unified Planning Work Program.) Comment [BE48]: Added.
Section III
Parties to this Memorandum of Understanding may terminate their participation in the
continuing transportation planning process by giving thirty (30) days written notice to the other
parties prior to the date of termination. If any party should terminate participation, this
Memorandum of Understanding shall remain in force and the Durham - Chapel Hill - Carrboro
Metropolitan Planning Organization shall continue to operate as long as 75% or more of the
population within the Metropolitan Planning Area is represented by the remaining members.
For the purpose of determining 75% representation, the populations within incorporated areas
are represented by the respective municipal governments and the populations within the
unincorporated areas are represented by the respective county governments.
Section IV
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 Durham by its (Mayo , the
Town of Chapel Hill by its Mayor, the Town of Carrboro by its Mayor, the Town of Hillsborough
by its Mayor, Durham County by its Chair, Orange County by its Chair, Chatham County by its
Chair, and the Secretary of Transportation on behalf of the Governor of the State of North
Carolina and the North Carolina Department of Transportation, this the _ day of
--,2013.
(Seal) City of Durham
By
Clerk
10
Mayor
Comment [BE49]: Cmzent MOU says "City
Manager" for City of Durham only
(Seal) Town of Chapel Hill
By —
Clerk Mayor
(Seal) Town of Carrboro
By
Clerk Mayor
(Seal) Town of Hillsborough
By —
Clerk Mayor
(Seal) County of Durham
By
Clerk Chair
(Seal) County of Orange
By
Clerk Chair
(Seal) County of Chatham
Clerk
By_
11
Chair
16
(Seal)
Clerk
(Seal)
By
Triangle Transit
Chair
North Carolina Department of
Transportation
By
Secretary
12
17
Attachment 4
NORTH CAROLINA
DURHAM- CHAPEL HILL- CARRBORO
METROPOLITAN PLANNING ORGANIZATION
MEMORANDUM OF UNDERSTANDING
for
CONTINUING, COOPERATIVE, AND COMPREHENSIVE
TRANSPORTATION PLANNING
between
THE GOVERNOR OF THE STATE OF NORTH CAROLINA,
CITY OF DURHAM, TOWN OF CHAPEL HILL, TOWN OF CARRBORO,
TOWN OF HILLSBOROUGH, COUNTY OF DURHAM, .
COUNTY OF ORANGE, COUNTY OF CHATHAM, AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
in cooperation with
THE UNITED STATES DEPARTMENT OF TRANSPORTATION
September 10, 1993
WITNESSETH THAT
W
WHEREAS, Chapter 136, Article 3A, Section 136- 66.2(a) of the
General Statutes of North Carolina require that:
NEach municipality with the cooperation of the Department of
Transportation, shall, develop a comprehensive plan for a
street system that will serve present and anticipated volumes
of vehicular traffic in and around the municipality. The
plan shall be based on the best -information available
including, but not limited to, population growth, economic
conditions and prospects, and patterns of land development in
and around the municipality and shall provide for the safe
and effective use of streets and highways through such means
as parking regulations, signal systems, and traffic signs,
markings, and other devices. The Department of Transportation
may provide financial and technical assistance in the
preparation of such plans. "; and,
19
DCHC MOU
Page 2
WHEREAS, the said Chapter 136, Article 3A, Section 136- 66.2(b)
provides that:
"After completion and analysis of the plan, the plan may be
adopted by both the governing body of the municipality and
the Department of Transportation as the basis for future
street and highway improvements in and around the
municipality. As a part of the plan, the governing body of
the municipality and the Department of Transportation shall
reach an agreement as to which of the existing and proposed
streets and highways included in the plan will be a part of
the State highway system and which streets will be part of
the Municipal street system. As used in this article, the
State highway system shall mean both the primary highway
system of the State and the secondary road system of the
State within municipalities. "; and,
WHEREAS, the said Chapter 136, Article 3A, Section 136.66.2(d)
provides that:
"Either the municipality or the Department of Transportation
may propose changes in the plan 'at any time by giving notice
to the other party, but no change shall be effective until it
is adopted by both the Department of Transportation and the
municipal governing board."; and,
WHEREAS, Section 134(a) of Title 23 United States Code states:
it is in the national interest to encourage and promote the
development of transportation systems, embracing various
modes of transportation in a manner which will efficiently
maximize mobility of people and goods within and through
urbanized areas and minimize transportation - related fuel
consumption and air pollution. To accomplish this objective,
metropolitan planning organizations, in cooperation with the
State, shall develop transportation plans and programs for
urbanized areas of the State. Such plans and programs shall
provide for the development of transportation facilities
(including pedestrian walkways and bicycle transportation
facilities) which will function as an inter - modal.
transportation system for-the State, the metropolitan areas,
and the Nation. The process for developing such plans and
programs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the
complexity of the transportation problems. "; and,
20
DCHC MOU
Page 3
WHEREAS, a transportation planning process includes the operational
procedures and working arrangements by which short and long -range
transportation plans are soundly conceived and developed and
continuously evaluated in a manner that will:
1. Assist governing bodies and official agencies in determining
courses of action and in formulating attainable capital
improvement programs in anticipation of community needs; and,
2. Guide private individuals and groups in planning their
decisions which can be important factors in the pattern of
future development and redevelopment of the area; and,
WHEREAS, it is the desire of these agencies that a continuing,
cooperative; and comprehensive transportation planning process, be
established for the DURHAM - CHAPEL HILL-- CARRBORO Urban Area to
comply with Title 23 U.S.C. 134; and Sections 3(a)(2), 4(a),
5(g)(1), and 5 (1) of the Federal Transit Act of 1991, and the
Internmodal Surface Transportation Efficiency Act of 1991 {49 U.S.C.
1602(a)(2), 1603(a), 1604(g)(1), and 1604(1)1. NOW THEREFORE the
following MEMORANDUM OF UNDERSTANDING is made:
Section I.
It is hereby agreed that the CITY OF DURHAM, TOWN OF CHAPEL HILL,
TOWN OF CAR BORO, TOWN OF HILLSBOROUGH, COUNTY OF DURHAM, COUNTY OF
ORANGE, COUNTY OF CHATHAM, 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 Durham -- Chapel Hill - Carrboro Planning Area (as defined by
the Metropolitan Area Boundary) will be the Durham - Chapel
Hill- Carrboro 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 urbanized or be affected by urban policies within
a twenty year planning period.
2. The Durham - -Chapel Hill- Carrboro Metropolitan Planning
Organization (DCHC MPO) for the Durham- Chapel Hill- Carrboro
Urban Area shall include the boards of general purpose local
government - the Durham City Council, Chapel Hill Town
Council, Carrboro Board of Aldermen, Hillsborough Board of
Commissioners, Durham County Board of Commissioners, Orange
County Board of Commissioners, and Chatham County Board of
Commissioners; the North Carolina Department of
Transportation; a Transportation Advisory Committee
hereinafter defined; a Technical Coordinating Committee
21
DCHC MOU
Page 4
hereinafter defined; and the various agencies and units of
local, State, and federal government participating in
transportation planning for the area.
3. The Metropolitan Area Boundary (MAB) will be periodically
reviewed and revised in light of new developments, basic data
projections for the current planning period, and as may
otherwise be required by federal and State laws.
4. The continuing transportation planning process will be a
Cooperative one and all planning discussions will be
reflective of and responsive to the programs of the North
Carolina Department of Transportation, and to the
comprehensive plans for growth and development of the
Municipalities of Durham, Chapel Hill, Carrboro, and
Hillsborough; and the Counties of Durham, Orange, and
Chatham. Attention will be given to cooperative planning
with the Capital Area Metropolitan Planning organization
(CAMPO)
S. The continuing transportation- planning process will be in
accordance with the intent, procedures, and programs of Title
VI of the Civil. Rights Act of 1954, as amended.
6. Transportation policy decisions within the Planning Area are
the shared responsibility of the Transportation Advisory
Committee, the N. C. Board of Transportation, and
participating local governments. -
7. Transportation plans and programs, and land use policies.and
programs, for the planning area, having regional impacts,
will be coordinated with the Triangle Transit Authority
(TTA), the Capital Area Metropolitan Planning organization
(CAMPO), and the Triangle J Council of Governments.
8. A TRANSPORTATION ADVISORY COMMITTEE (TAC) is hereby
established with the responsibility for cooperative
transportation planning decision making for the Durham - Chapel
Hill- Carrboro Metropolitan Planning organization (DCHC MPO).
The Transportation Advisory Committee shall have the
responsibility for keeping the 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 policy
boards; and for providing opportunities .for citizen
participation in the transportation planning process.
The TRANSPORTATION ADVISORY COMMITTEE will be responsible for
carrying out the provisions of 23 U.S.C. 134; and Sections
5(L) and 8(a) and 8(c) of the Urban Mass Transportation Act
of 1964 as amended {49 U.S.C. 1604(l) and 1607(a) and
22
DCHC MOU
Page 5
1607(c)l; including, but not limited to:
a. Establishment of goals and objectives for the
transportation planning process;
b. Review and approval of a Prospectus foJr transportation
planning which defines work tasks and responsi,bi1i,ties for
the various agencies participating in the transportation
planning process;
C. Review and recommendation of changes to the National
Highway, System, Functional Classification, Urban Area
Boundary, and Metropolitan Area Boundary;
d. Review and approval of the transportation Unified
Planning Work Program (UPWP);
e. Review and approval of the comprehensive transportation
plan and any changes to the Plan. (The Thoroughfare Plan
is an element of the comprehensive transportation plan,
and as required by General Statutes' Section 136- 66.2(d)
revisions in the Thoroughfare Plan must be jointly
approved by the local governing boards and the North
Carolina Department of Transportation);
f. Review and approval of the Transportation Improvement
Program and changes to the Transportation Improvement
Program for multi -modal capital and operating expenditures
and to insure coordination between local and State capital
and operating improvement programs;
g. Revision in membership of the Technical Coordinating
Committee hereinafter defined; and
h. Development and approval of committee bylaws for the
purpose of establishing operating policies and procedures.
The membership of the TRANSPORTATION ADVISORY COMMITTEE
shall include:
a. Two.members of the Durham City Council;
b. One member of the Chapel Hill Town Council;
c. one member of the Carrboro Board of Aldermen;
d. One member of the Hillsborough Board of Commissioners;
e. one member of the Durham County Board of Commissioners;
f. One member of the Orange County Board of Commissioners;
23
DCHC Mou
Page 6
g. one member of the Chatham County ]Board of
Commissioners; and
h. one member of the North Carolina Board of
Transportation.
It shall be the responsibility of each member jurisdiction to
appoint a representatives) and an alternate(s) to the
Transportation Advisory Committee.
A quorum of the Transportation Advisory Committee shall
consist of a majority of the voting members whose votes
together represent a majority of the total possible weighted
votes identified in the weighted vote schedule below. A
majority vote shall be sufficient for approval of matters
coming before the. committee with the exception that a
committee member may invoke the following weighted vote
provisions on any matter:
Governmental _'Body
Votes
City of Durham
6*
Town of Chapel Hill
2
Durham County
2
Town of Carrboro
1
Town of Hillsborough
1
Orange County
I
Chatham County
1
N. C. Board of Transportation..-
....1 _
Total 15
* Three (3) votes per representative
Representatives from each of the following bodies Vil,l serve
as non - voting members of the Transportation Advisory
Committee:
-- A Division Administrator(s) of the Federal. Highway
Administration and /or the Federal Transit Administration,
or their representative(s);
- A member of the Triangle Transit Authority (TTA) Board of
Trustees; and
- other local, regional, state, or federal agencies
impacting transportation in the planning area at the
invitation of the TAC.
24
DCHC MOU
Page 7
The Transportation Advisory Committee will meet as often as
it is deemed appropriate and advisable. on the basis of a
majority vote, the Transportation Advisory Committee may
appoint members of the Committee to act as Chair and Vice -
Chair with the responsibility for coordination of the
Committee's activities. A member of the staff of the City of
Durham Department of Transportation will serve as Secretary
to the Committee and will work cooperatively with the staff
of other jurisdictions.
9. A TECHNICAL COORDINATING COMMITTEE (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, State, and federal
governmental agencies and the Transportation Advisory
Committee regarding any necessary actions relating to the
continuing transportation planning process. The TCC shall be
responsible for development, review, and recommendation for
approval and changes to the Prospectus, Unified Planning Work
Program, Transportation Improvement Program, National Highway
System, Functional Classification, Urban Area Boundary, the
Metropolitan Area Boundary, and the Comprehensive
Transportation Plan, for planning citizen participation, and
for documenting reports of the transportation study.
Membership of the Technical Coordinating Committee shall
include technical representatives from local. and State
agencies directly related to and concerned with the
transportation planning 'proC-e -ss for the Planning Area.
Representatives will be designated by the chief executive
officer of each represented agency. Initially, the
membership shall include, but not be limited to, the
following:
a. The City of Durham
b. The Town of Chapel Hill
c. The Town of Carrboro
d. The Town of Hillsborough
e. Durham County
f. orange County
g. Chatham County
h. The N. C. Department
of Transportation
(5 representatives)
(3 representatives)
(2 representatives)
(1 representative)
(3 representatives)
(2 representatives)
(1 representative)
(5 representatives)
i. Triangle "J" Council
of Governments
j. Duke University
k. N. C. Central University
1. The University of
North Carolina
m. The Raleigh- Durham
Airport Authority
n. The Triangle Transit
Authority
o. The Research Triangle
Park Foundation
25
DCHC MOU
Page 8
(1 representative)
(I representative)
(1 representative)
(1 representative)
(1 representative.)
(1 representative)
(1 representative)
In addition to voting membership, the U. S. Department of
Transportation shall have two (2) non- voting representatives.
The Technical Coordinating Committee shall meet when it is
deemed appropriate and advisable. on the basis of majority
vote of its membership, the Technical Coordinating Committee
may appoint voting members of the Committee to act as Chair
and Vice -Chair with the responsibility for coordination of
the Committee's activities.
10. The Durham City Council, Chapel Hill Town Council, Carrboro
Board of Alderman, Hillsborough Board of Commissioners,
Durham County Board of Commissioners, orange County Board of
Commissioners, and Chatham County Board of Commissioners
shall serve as the primary means for citizen input to the
continuing transportation planning process. D4ring the
comprehensive transportation plan reevaluation, citizen
involvement in the planning process shall be encouraged
during re- analysis of goals and objectives and plan
formation. This citizen involvement will be obtained through
goals and objectives surveys, neighborhood forums, and public
hearings in accordance with procedures outlined in the "North
Carolina Highway Action Plan."
The Transportation Advisory Committee may also receive public
input or hold public hearings as may also be required by
federal or State law.
26
DCHC MoU
Page 9
Section II_
It is further agreed that the subscribing agencies will have the
following responsibilities, these responsibilities being those most
logically assumed by the several agencies:
City of Durham
The Department of Transportation of the City of Durham will
serve as the LEAD PLANNING AGENCY for the transportation
planning process in the Planning Area and will assist in the
transportation planning process by providing planning
assistance, data, and inventories in accordance with the
Prospectus. Additionally, the City shall coordinate zoning and
subdivision approvals within its jurisdiction in accordance with
the adopted Comprehensive Transportation Plan and the mutually
adopted Thoroughfare Plan.
Town of Chapel dill
The Town of Chapel Hill will assist in the transportation
planning process by providing planning assistance, data, and
inventories in accordance with the Prospectus. Additionally,
the Town shall., coordinate zoning and subdivision approval
within its jurisdiction in accordance with the adopted
Comprehensive Transportation Plan and the mutually adopted
Thoroughfare Plan.
Town-of Carrboro
The Town of Carrboro will assist in the transportation planning
process by providing planning assistance, data, and inventories
in accordance with the Prospectus. Additionally, the Town
shall, coordinate zoning and subdivision approval within its
jurisdiction in accordance with the adopted Comprehensive
Transportation Plan and the mutually adopted Thoroughfare Plan..
Town-of Hillsborough
The Town of Hillsborough will assist in the transportation
planning process by providing planning assistance, data, and
inventories in accordance with the Prospectus. Additionally,
the Town shall, coordinate zoning and subdivision approval
within its jurisdiction in accordance with the adopted
Comprehensive Transportation Plan and the mutually adopted
Thoroughfare Plan.
Durham County
Durham County will assist in the transportation planning process
by providing planning assistance, data, and inventories in
27
DCHC MOU
Page 10
accordance with the Prospectus. Additionally, Durham County
shall, coordinate zoning and subdivision approval within its
jurisdiction in accordance with the adopted Comprehensive
Transportation Plan and the mutually adopted Thoroughfare Plan.
Orange Count
orange County will assist in the transportation planning process
by providing planning assistance, data, and inventories in
accordance with the Prospectus. Additionally, Orange County
shall, coordinate zoning and subdivision - approval within its
jurisdiction in accordance with the adopted Comprehensive
Transportation Plan and the mutually adopted Thoroughfare Plan_
Chatham Count
Chatham County will assist in the transportation. planning
process by providing planning assistance, data, and inventories
in accordance with the Prospectus. Additionally, Chatham
County shall coordinate zoning and subdivision approval within
its jurisdiction in accordance with the adopted Comprehensive
Transportation Plan and the mutually adopted Transportation
Plan.
North Carolina Department of Transportation
The Department will assist in the transportation planning
process by providing planning assistance, data, and inventories
- -- in accordance with the Prospectus. The Department, to. the
_ fullest extent possible and as permitted by existing State and
federal regulations, will provide assistance in the protection
of necessary rights-of-way for those thoroughfares designated in
the adopted Comprehensive Transportation Plan and the mutually
adopted Thoroughfare Plan.
Section III.
Parties to this Memorandum of Understanding may terminate their
participation in the continuing transportation planning process by
giving 30 days written notice to the other parties prior to the
date of termination. If any party should terminate participation,
this Memorandum of Understanding shall remain in force and the
Durham - Chapel Hill- Carrboro Metropolitan Planning Organization
shall continue to operate as long as 75% or more of the population
within the Metropolitan Area Boundary is represented by the -
remaining members. For the purpose of determining 750
representation, the populations within incorporated areas are
represented by the respective municipal governments and the
populations within the unincorporated areas are represented by the
respective county governments.
�a
DCHC MOU
Page 11
Section IV.
I
In witness whereof, the Secretary of Transportation, on behalf of
the Governor of the state of North Carolina has signed this
Memorandum of Agreement and the parties of this Memorandum of
Understanding have been authorized by appropriate and proper
resolutions to sign the same, the City of Durham by its City
Manager, the Town of Chapel Hill by its Mayor, the Town of Carrboro
by its Mayor, the Town of Hillsborough by its Mayor, Durham County
by its Chair, orange County by its Chair, Chatham County by its
Chair, and the North Carolina-Department ransportation by the
Se retary of Transportation, this day of
19.
Policy_ of City of Durham. (a) THE CITY OF DURHAM OPPOSES THE
PRACTICE OF APARTHEID IN THE REPUBLIC OF SOUTH AFRICA AND URGES
EACH OF ITS CONTRACTORS TO REFRAIN FROM INVESTING OR DOING BUSINESS
IN THE REPUBLIC OF SOUTH AFRICA. (b) The City of Durham opposes
discrimination an the basis of race and sex and urges all its
contractors to provide a fair opportunity for minorities and women
ip cipate in their, work force and a`s subcontractors and
p)der City contracts.
'1101 iicrrri.
(Seal)
TOWN OF OF CHAPEL HILL
Mayor
TOWN OF CARREORO
By
,
M
or
'his Instrument has boan preoud'tact in the
manner reg6ired by the Local Gwierrirnent
8udge1 d isA Comm Ac-t. f f
(Seal)
fl Cl
(Seal)
k,,,, 'E • By
0 Clerk
(Seal)
Deputy Clerk
(Seal)
Clerk
29
DCHC MOU
Page 1.2
TOWN OF HILLSBOROUGH
� 1
►� . L_� . ai►aa. --
COUNTY OF ORANGE
By E 14
Chair Is
GOVERNOR OF THE STATE OF
NORTH CAROLINA AND THE
NORTH CAROLINA
DEPAR ENT OF TRANSPORTATION
By
Se retary of Transportation
Approved for Execution for Michael Easley, Attorney General
2 By 7--� qgt'ImD (k
da Assistant Attor ey Ge eral