HomeMy WebLinkAboutAgenda - 01-23-2014 - 6i 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 23, 2014
Action Agenda
Item No. 6-i
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. Updated MOU (Clean Copy) 2582
3. Flowchart of MOU Revision Process Tom Altieri, Comprehensive Planning
4. Summary of Member Agency Comments Supervisor, 245-2579
5. Updated MOU with Changes Noted Craig Benedict, Planning Director, 245-2592
6. Existing MOU (Executed 1994)
PURPOSE: To approve and authorize the Chair to sign a final draft of an updated/revised
Memorandum of Understanding (MOU) among the member agencies of the Durham-Chapel
Hill-Carrboro Metropolitan Planning Organization (DCHC MPO).
BACKGROUND: The DCHC MPO is a transportation planning agency charged with fulfilling
federally mandated metropolitan planning requirements influencing the use of federal
transportation funding within the Durham Urbanized Area (UZA) and the area beyond the UZA
boundary expected to become urbanized within 20 years. 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 local
government member organizations/jurisdictions that was last executed in 1994.
Per the attached letter (Attachment 1) from DCHC MPO staff, the MPO has developed an
updated/revised member agency MOU (Attachment 2) reflecting changes in federal and state
legislation and regulations, the MPO's function and structure, and its and its member
government responsibilities. In concert with the MOU update/revision process illustrated in
Attachment 3, the BOCC reviewed a draft updated MOU at its September 5, 2013 meeting,
provided comments on the draft revisions, and submitted these comments to the MPO along
with comments generated by other MPO member governments. These comments were
reviewed by the MPO's Technical Coordinating Committee (TCC) and governing board, and the
MPO subsequently made changes to the draft MOU based on these comments. A summary of
these comments along with the MPO's responses is provided as Attachment 4. No major
changes to the final draft MOU have been made from the draft the BOCC reviewed in
September 2013.
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Attachment 5 is the revised MOU complete with comments in the margin that explain the MPO's
recommended changes from the existing 1994 MOU. 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
JAC);
• Addition of three (3) weighted votes for Orange County on the MPO Board from one (1)
to four (4) votes based on updated population figures from the 2010 US Census, subject
to the following notes:
o Effectively, Orange County's level of representation from weighted votes is
increasing from 7.1% to 10.5%,
• The total number of weighted votes allocated among member agencies is
increasing from 15 to 38,
• Each local government represented receives a minimum of two (2) weighted
votes, while NCDOT and Triangle Transit receive only one (1), 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 from two (2) to three (3)
representatives; 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 6) for reference if needed. The DCHC MPO
is requesting that the Orange County BOCC approve the member agencies MOU by February
20, 2014.
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. Orange County will be more involved in securing potential
funding sources through the DCHC MPO for Orange Public Transportation (OPT) capital and
operation needs since OPT provides transit services to populations in the Durham UZA for
which other transit providers serving the Durham UZA currently get credit in funding allocations.
RECOMMENDATION(S): The Manager recommends the Board approve the final draft of the
updated/revised DCHC MPO member agency MOU and authorize the Chair to sign it.
ATTACHMENT
METROPOLITAN PLANNING ORGANIZATION
Durham County-Town of Hillsborough-NC Department of Transportation-Orange County
November 20, 203
K4c Mike Talbert
Manager
Orange County
. P.O. Box 8181
Hillsborough, NC2727O
Dear Mr.Talbert:
The Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MP[)) requests that
Orange County approve our updated Memorandum of Understanding (MOU). The W1POisapartnership
of the member governments in the Durham Urbanized Area and the North Carolina Department of
Transportation in cooperation with the United States Department ofTransportation. Adnaft KAOU was
sent to our member jurisdictions in June 2013 for review and comment. On October 9,2O13,the MPO's
Board considered these comments and endorsed a recommended MOU for approval by its member
jurisdictions.
The DCHC MPO's current MOU was executed in 1994 and is provided as an attachment to this letter.
Several updates and changes are recommended to reflect current federal and state legislation and
regulations, planning practices of the MPO, updated population figures, and best planning principles. A
clean version of the MPO's recommended MOU is included as an attachment to this letter. Amnarked
version of the recommended MOU is also included which indicates changes made from the current
yNOU.
|n summary,the major proposed changes in the recommended MOUare:
• 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 ofthe governing board to fulfill a new federal requirement;
• Additional voting and non-voting membership on the MPO's staff board;
• 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
K4PO's work program; and
• 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. The
City nf Durham,Department of Transportation, /01 City Hall Plaza^ Durham, NC277O/ " Phone(0/G) 500-43O0^Facsimile(0/S) 500-450/
ATTACHMENT 1
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recommended weighted voting provision was adjusted by the MPO Board in October in
response to member government comments.
Current
2010 Current MOU Rec. Rec. MOU
2010 Census MOU Weighted Number Rec. MOU Weighted
Census Population Weighted Voting of TAC Weighted Voting
Agency Population Share Votes Share Members Votes Share
Durham City 228,330 0.58 6 0.40 2 16 0.42
Chapel Hill 57,233 0.15 2 0.13 1 6 0.16
Durham County 35,384 0.09 2 0.13 1 4 0.11
Orange County 34,172 0.09 1 0.07 1 4 0.11
Carrboro 19,582 0.05 1 0.07 1 2 0.05
Chatham County 13,809 0.03 1 0.07 1 2 0.05
Hillsborough 6,087 0.02 1 0.07 1 2 0.05
NC DOT N/A N/A 1 0.07 1 1 0.03
Triangle Transit N/A N/A N/A N/A 1 1 0.03
*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.
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. The MPO
appreciates your organization's review of the document over the summer. The MPO Board fully
considered these comments and made adjustments to the document when appropriate and practical.
See the enclosed table for an explanation of the MPO's response to these comments. We are hopeful
that the recommended MOU can be quickly approved by all of our members. We request that you
approve the MOU by February 20, 2014.
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.gov or 919-560-4366 x 36424 with any questions or to schedule a
meeting.
Sincerely,
Felix Nwoko
Planning Manager
Cc: Craig Benedict, Orange County
Tom Altieri, Orange County
Bret Martin, Orange County
ATTACHMENT 2
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DURHAM-CHAPELHI LL-CARF80R0
METROPOUTAN PLANNINGORGANIZA110N
MBVIORANDUM OFUNDERSTANDING
FOR
000PB?A11VIIE,OOM PRBHBVSVF,AND OONII NUI NG
TRANSPORTA110N PLANNING
Between
THE GOVERNOR OF THE STATE OF NORTH CAROL)NA,
CITY OF DURI-AM, TOWN OF CHAPEL HI 11 TOWN OF CARR30RD
TOWN OF HI LLSBOROUGH, COUNTY OF DURI-AM,
COUNTY OF ORANGE, COUNTY OF CHATHAM, TRIANGLE TRANSI T,AND
THE NORTH CAROLJ NA DEPARTMENT OF TRANSPORTATI ON
in cooperation with
THE UNITED STATES DEPARTMENT OFTRANSPORTATION
November 13, 2013
WITNESSETH THAT
WHB;EA,$ Section 134(a)of Title 23 United States Codes states.
Policy– It is in the national interest—
(1)to encourage and promote the safe and efficient management, operation,
and development of surface transportation systemsthat will serve the mobility
needsof people and freight and foster economicgrowth 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 departmentsof transportation, and publictransit operators
as guided by the planning factors identified in subsection (h)and section 135(d).
WHBF;EA,$ Section 134(c)of Title 23 United States Codes states.
General Roquirements.-
(1) Development of long-range plansand 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
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develop long-range transportation plans and transportation improvement
programs through a performance-driven, outcome-based approach to planning
for metropolitan areas of the Mate.
(2) Contents.— The plans and T1Psfor 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 Mate and the United Mates.
(3) Process of development.— The processfor developing the plans and 11PS
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.
VVFiEF;EA,$ Chapter 136, Section 66.2(a)of the General Statutes of North Carolina states.
Each M PO,with cooperation of the Department of Transportation, shall develop a
comprehensive transportation plan in accordance with 23 U.SG Section 134. In
addition, an MPOmay include projects in itstransportation 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.SG Section 134. For municipalities located within an M PO, the
development of a comprehensive transportation plan will take place through the
metropolitan planning organization. For purposes of transportation planning and
programming, the MPOshall represent the municipality's interests to the Department of
Transportation.
VVFiEF;EA,$ 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 MPOand the Department of Transportation as
the basisfor 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 streetswill be a part of the municipal street system.As used in thisArticle,
the Mate highway system shall mean both the primary highway system of the State and
the secondary road system of the State within municipalities.
VVFiEF;EA,$ Chapter 136, Section 66.2(d)of the General Statutes of North Carolina states:
For M PROs, either the M PO 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 M PO.
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WHEF;EA,$ at ransportat ion planning process includesthe 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 decisionswhich can be important
factors in the pattern of future development and redevelopment of the area;
WHEF;EA,$ it isthe desire of these agenciesthat a continuing, cooperative, and comprehensive
transportation planning process, be established for the Durham-Chapel Hill-Carrboro
Metropolitan Planning Area in compliance with Title 23 U.SC Section 134 and any subsequent
amendmentsto that statute, and any implementing regulations; Title 49 U.SC Chapter 53 and
any subsequent amendmentsto these statutes, and any implementing regulations; and the
Clean Air Act of 1970, asamended, [42 U.SC 7504 and 7506(c)].
WHOA$ it isthe desire of these partiesthat all prior Memorandaof Understanding between the
parties be superseded and replaced by this Memorandum of Understanding.
NOWTHEFEFC)W_ the following Memorandum of Understanding is made:
Section I
It ishereby 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 Mates Department of
Transportation will participate in a continuing, cooperative, and comprehensive transportation
planning processwith responsibilitiesand undertakings as related in the following paragraphs:
1. The Durham-Chapel Hill-Carrboro Metropolitan Planning Area, will consist of the
Durham Urbanized Area as defined by the United Mates 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 atwenty-year
planning period. This area is hereinafter referred to as the Metropolitan Planning Area.
2. The Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHCMPO)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 MPO Board hereinafter defined, a MPOTechnical
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Committee hereinafter defined, and the various agencies and units of local, regional,
state, and federal government participating in the transportation planning fort he 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 processwill 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 M unicipalities 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 organizations.
5. The continuing transportation planning process will be in accordance with the intent,
procedures, and programs of Title VI of the Civil Rghts Act of 1964, as amended.
6. The 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 decisionswithin the MPOare the shared responsibility of the MPO
Board, the N.0 Board of Transportation, and participating local governments.
8. Transportation plansand programs, and land use policiesand programs, for the
Planning Area, having regional impacts,will be coordinated with Triangle Transit, the
neighboring metropolitan and rural planning organizations, and Triangle JCbuncil of
Governments.
9. A M PO Board is hereby established with the responsibility for cooperative
transportation decision-making for the Durham-Chapel Hill-Carrboro Metropolitan
Planning Organization (DCHCMPO). The M PO 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 M PO Board will be responsible for carrying out the provisions of 23 U.SC Section
134; Title 49 U.SC Chapter 53; and 42 U.SC 7504 and 7506(c); including but not
limited to:
a. Establishment of goals and objectives for the transportation planning process;
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b. F;bview 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. F;bview and approval of the transportation Unified Planning Work Program;
d. F;bview and approval of changesto the National Highway System, Functional
Classification, and Metropolitan Planning Area boundary;
e. F;bview and approval of the Comprehensive and Metropolitan Transportation
Plans. Asspecified in General StatutesSrction 136-66.2(a),the Comprehensive
Transportation Ran shall include the projects in the Metropolitan Transportation
Ran and may include additional projectsthat are not included in the financially
constrained plan or are anticipated to be needed beyond the horizon year as
required by23 U.SC Section 134. Asspecified in General Statutes Section 136-
66.2(d) revisionsto the Comprehensive Transportation Ran are required to be
jointly approved by the North Carolina Department of Transportation and the
M PO Board;
f. F;bview and approval of the Transportation Improvement Program and changes
to the Transportation Improvement Program. Asspecified in 23 U.SC Section
134(k), all federally funded projectscarried out within the boundariesof a
metropolitan planning area serving atransportation management area
(excluding projectscarried out on the National Highway System)shall be
selected for implementation from the approved 11Pby the metropolitan
planning organization designated for the area in consultation with the Mate and
any affected public transportation operator;
g. F;bview and approval of planning proceduresfor air quality conformity and
review and approval of air quality conformity determination for projects,
programs, and plans;
h. F;bview and approval of a Congestion Management Process;
i. F;bview and approval of the distribution and oversight of federal fundsdesignated
for the DCHCM PO under the provisionsof MAP-21 and any other subsequent
Transportation Authorizations;
j. F;bview and approval of a policyfor public involvement for the DCHCMPO;
k. F;bview and approval of an agreement between the M PO,the Mate, and public
transportation operators serving the Metropolitan Planning Areathat defines
mutual responsibilities for carrying out the metropolitan planning process in
accordance with 23 CF.R 450.314;
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I. Oversight of the Lead Ranning Agency staff;
m. Fbvision in membership of the MPOTechnical Committee hereinafter defined;
n. Development and approval of committee bylawsfor the purpose of establishing
operating policiesand procedures,
o. Fbview and approval of cooperative agreementswith other transportation
organizations, transportation providers, counties, and municipalities.
The membership of the M PO 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 Grange 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 publictransit providers shall be represented on the MPOBoard
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 M PO Board.
Aquorum of the M PO Board shall consist of a majority of the voting memberswhose
votestogether 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 16*
Town of Chapel Hi I I 6
Durham County 4
Grange County 4
Town of Carrboro 2
Chatham County 2
Town of Hillsborough 2
N.G Board of Transportation 1
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Triangle Transit 1
Total 38
* 8 votes per representative
F;bpresentatives from each of the following bodieswill serve as non-voting members of
the M PO 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.
The M PO Board will meet as often as it is deemed appropriate and advisable. On the
basis of a majority vote,the M PO 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
work cooperatively with the staff of other j urisdict ions.
10.AM PO 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 recommendationsto the respective
local, state, and federal governmental agencies and the MPOBoard regarding any
necessary actions relating to the continuing transportation planning process. The M PO
Technical Committee shall be responsible for development, review and
recommendations for approval and changesto the Prospectus, Unified Planning Work
Program, Transportation Improvement Program, National Highway System, F=unctional
Classification, Metropolitan Planning Area boundary, Metropolitan Transportation Plan,
and Comprehensive Transportation Plan, for planning citizen participation, and for
documenting reportsof various transportation studies.
Membership of the MPOTechnical Committee shall includetechnical representatives
from local and state agencies directly related to and concerned with the transportation
planning process for the planning area. F;bpresentativeswill 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 MPOTechnical Committee include,
but are not limited to, those responsible for transportation planning, land use planning,
transportation operations, publicworks 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
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c. The Town of Carrboro 2 representatives
d. The Town of Hillsborough 1 representative
e. Durham County 3 representatives
f. Orange County 3 representatives
g. Chatham County 1 representative
h. The N.G Department of Transportation 5 representatives
i. Triangle J Council of Governments 1 representative
j. Duke University 1 representative
k. N.G 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 Fbsearch Triangle Park Foundation 1 representative
p. The N.G Department of the Environment and 1 representative
Natural F;bsources
The 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. The Federal Highway Administration 1 representative
b. The Federal Transit Administration 1 representative
c. The U.S Army Corps of Engineers 1 representative
d. The U.S Environmental Protection Agency 1 representative
e. The U.S Fish and Wildlife Service 1 representative
f. The N.G Department of Cultural F;bsources 1 representative
g. The N.G Department of Commerce 1 representative
h. The U.S Department of Housing and Urban 1 representative
Development
i. The N.G Railroad Company 1 representative
j. The N.G Trucking Association 1 representative
k. The N.G Motorcoach Association 1 representative
I. F;bgional Transportation Alliance 1 representative
The M PO Technical Committee shall meet when it is deemed appropriate and advisable.
On the basis of a majority vote, the M POTechnical Committee may appoint voting
membersof 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
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serve as the primary means for citizen input t o t he continuing transportation planning
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 procedures
outlined in the MPO's policy for public involvement.
The M PO Board may also receive public input or hold public hearings as may also be
required by federal or state law.
Section II
It isfurther agreed that the subscribing agencieswill have the following responsibilities,these
responsibilities being those most logically assumed by the several agencies.
The M unicipalities and the Counties
The municipalities and the countieswill 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 j urisdict ions in accordance with the adopted Metropolitan
Transportation Plan and the Comprehensive Transportation Plan.
Additionally, the City of Durham will serve asthe Lead Planning Agency for the
transportation planning process in the Planning Area.
The municipalities and the countieswill participate in funding the portion of the costs of
the MPO's work program not covered by federal or state funding as reflected in the
annual Planning Work Program approved by the M PO 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 M PO Planning Area, utilizing the most recent certified North
Carolina Office of Mate 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 servi ces as m ut ual ly agreed upon.
Funding provided by member agencieswilI be used to provide the required Iocal match
to federal funds. Failure by member agencies to pay the approved share of costs would
impact the MPO's ability to match federal funds and could have the effect of
invalidating the MPO's Unified Planning Work Program and the annual MPO self-
certification, and could also result in the withholding of transportation project funds.
Failure by member governmentsto pay the approved share of costs may also result in
the withholding of M PO services and funding.
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The municipalities and the counties receiving federal transportation funding designated
for the Durham Urbanized Area as approved by the M PO Board through the Unified
Planning Work Program shall comply with adopted reporting and oversight procedures.
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. Should any
authorized local government body choose to adopt or amend a transportation corridor
official map for a proposed public transportation corridor pursuant to N.CG.S § 136-
44.50, the Department may offer assistance by providing mapping, data, inventories, or
other Department resourcesthat could aid the local government body in adopting or
amending a transportation corridor official map.
Triangle 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
M PO Board through the Unified Planning Work Program.
E Verify Compliance for Al Partiesto thisAgreement
Each of the parties covenantsthat if it enters into any subcontracts in order to perform
any of itsobligations under this contract, it shall require that the contractors and their
subcontractors comply with the requirementsof NCGen. Stat.Article 2 of Chapter
64. In this E Verify Compliance section, the words contractors, subcontractors, and
comply shall have the meanings intended by applicable provisions of NCGen. Stat.
Chapters 153A and 160A.
Section III
Partiesto this Memorandum of Understanding may terminate their participation in the
continuing transportation planning process by giving ninety(90)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.
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Section IV
In witness whereof,the parties of this Memorandum of Understanding have been authorized
by appropriate and proper resolutionsto sign the same, the City of Durham by its Mayor, the
Town of Chapel Hill by its Mayor,the Town of Clarrboro by its Mayor,the Town of Hillsborough
by its Mayor, Durham County by its Chair, Grange County by its Chair, Chatham County by its
Chair, Triangle Transit 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,
thisthe day of
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(Seal) City of Durham
By
aerk M ayor
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(Seal) Town of Chapel Hill
By
C1 erk M ayor
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(Seal) Town of Carrboro
By
aerk M ayor
14
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(Seal) Town of Hillsborough
By
aerk M ayor
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(Seal) County of Durham
By
a erk Chai r
16
ATTACHMENT 2
21
(Seal) County of Orange
By
O erk Chai r
17
ATTACHMENT 2
22
(Seal) County of Chatham
By
C1 erk Chai r
18
ATTACHMENT 2
23
(Seal) Triangle Transit
By
a erk Chai r
19
ATTACHMENT 2
24
(Seal) North Carolina Department of
Transportation
By
Secretary
20
25
Attachment 3:
DCHC MPO Process for Revising Member Agencies MOU
ui
INS,
September 2013
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ATTACHMENT 4
26
DCHC M PO M emorandum of Understanding
9ammary of Comments Received from DCHC M embers
Note: Page and line references refer to marked version of MOU.
Town of Hillsborough Comments-Received 8/28/13
Comment TAC Response
No comments N/A
Chatham County Comments-Received 9/6113
Comment TAC Response
Page 6, beginning on line 36. The Chatham County Weighting voting provisions are in the MOU. The
Board of Commissioners is unanimously opposed number of voteswas adjusted so that all local
to the weighted voting provisions. governments have more votes than Triangle
Transit and NCDOT. The proposed weighted
voting is based on the current MOU,with small
adjustments to account for current populations.
Population distribution is not the only factor in
developing the current weighted voting structure
asthe Oty of Durham only represents42%of the
weighted votes yet represents about 58%of the
population of the M Fn. Weighted voting has been
very rarely invoked by M FO Board members.
General comment: The Board of Commissioners is No change. Federal regulations require the M PO
also concerned about the 20%local match, citing to plan and conduct other activities within the
the population differences between the urbanized entire planning area, not just the urbanized area.
area and the planning area of the M PO boundary
within Chatham County.
NCDOTComments-Received 9/6113
Comment TAC Response
Page 3, line 13-14. The M PO is required to plan for Change made
the entire area, not just the Durham Urbanized
Area as defined by the USGensus. Change
"Durham Urbanized Area"to "Durham-Chapel Hill-
Carrboro Metropolitan Planning Area"
Page 4, line 21. Change "Planning Area"to "MPO" Change made
Page 4, line 35. What is M FO policy for R [public No change. The M PO approved a revised Public
involvement]? Expecting the public to show up in Involvement Policy on 11/14/2012. The Policy
downtown Durham, in the morning, and pay to prescribesthe proceduresfor disseminating
park may be limiting your R. information to the public and receiving public
input into the MPO's decision-making process.
The M PO holds meetings and workshops at night
and in locations other than downtown Durham as
1
ATTACHMENT 4
27
appropriate. Public involvement is also part of the
Certification F;bview process.
Page5, line 13. NCGeneral Statutes require the Change made
plan to include MTP projects and says that it may
indude other projects not in the fiscally
constrained plan. Delete "as well as" and add
"and may include additional."
Page 5, line 16. NCGeneral Statues requires that Change made
any revisionsto the CTPshall bejointly approved
by the M PO Board and N.0 Board of
Transportation. Change "may be"to "are."
Page 5, line 36. Change "Durham Urbanized Area" Change made.
to "DCHC MPO."
Page6, line2. NCDOT comment: "You're goingto No change. lPAstaff and member jurisdictions
put the management of Durham staff under the have a dear understanding of the term oversight
M PO board. You may need to remove this or use as used in the MOU.
another word."
Page 6, line 36. 9nce you are specifying weighted No change. The MOU at page 6, line 32 statesthat
voting below,you need to be dear about the a majority vote shall be sufficient for approval of
number of votes under a non-weighted voting matters coming before the committee.
scheme.
Page 6, line 14. Why does Oty of Durham have No change. Based on the 2010 census, about 58
two voting members and no one else does? percent of the M PO population lives in the City of
Durham.
Page 6, line 44. Should there be a BOT member No change. There needs to be on-going
for each Division represented(5,7,and 8)? Is one consultation between the Board of Transportation
board member going to be able to represent the members for Divisions 5, 7,and 8.
other Division counties?
Page 6, line 32. 9mple majority or 2/3rds No change. Asimple majority is sufficient. The
majority? Can one abstain? And how does that bylaws address abstentions(abstentions are not
affect the vote? induded in the tally of the vote).
Page 8, line 17. Need to address votes per[M PO No change. Voting procedures are discussed in the
Technical Committee] member. bylaws.
Page 8, line 14. Why is DENRa voting member No change. DENRwas added to reflect air quality
here? and Merger Process roles.
Page 8, line 20. What isthe purpose of non-voting No change. Non-voting members have various
membership for some agencies?Isthisjust to interests in the transportation planning process
define their role and also state they have no voting and can participate in TCCmeetings but not vote.
capacity?
Page 8, line 17. Need to discuss quorum and No change.Voting procedures are discussed in the
majority vote for TCC 9mple majority or 2/3rds bylaws.
majority? Would 2/3rds be more appropriate?
For example,when the TCCis not sure/split on an
action, probably wouldn't want to forward to TAG
Page 9, Tine 36. There is nothing in the Federal Change to read as follows: "Funding provided by
Panning regulations that address paying of local member agencieswill be used to provide the
sharesor invalidation of PWPor self-certification. required local match to federal funds. Failure by
2
ATTACHMENT 4
28
This should be removed or reference made to local member agencies to pay the approved share of
M PO policies. costs would impact the MPO's ability to match
federal funds and could have the effect of
invalidating the MPO's Unified Planning Work
Program and the annual M PO self-certification,
and could also result in the withholding of
transportation project funds. Failure by member
governments to pay the approved share of costs
may also result in the withholding of M PO services
and funding."
Page 10, line 8. Remove sentence "The Change made.
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 Ran and
Comprehensive Transportation Plan." and replace
with "Should any authorized local government
body chose to adopt or amend a transportation
corridor official map for a proposed public
transportation corridor pursuant to N.GG.S §136-
44.50,the Department may offer assistance by
providing mapping, data, inventories or other
Department resources that could aid the local
government body in adopting or amending a
transportation corridor official map."
Page 10, line 41. Add "Triangle Transit by its Change made.
Chair"
Orange County Comments—Deceived 9/6113
Comment TAC Response
Page 7, line 1. Concern over Triangle Transit The federal MAP-21 law requires that transit
becoming a voting member of the M PO Board. providers be voting members of the M PO Board.
Page 7, line 30. The phrase"of the transportation Change "the transportation study" to "various
study" needs further description or clarification. transportation studies."
What transportation study?
Page 9, line 36. The phrase"Failure to pay the Change "Failure to pay the approved share of
approved share of costs...." needs clarification.The costs"to "Failure by member agencies to pay the
members share?The subscribing agencies share? approved share of costs."
Town of Chapel Hill Comments—Received 9/13/13
Comment TAC Response
Page 9, line 27. Add"reflected in the annual Change made.
Planning Work Program" before the word
3
ATTACHMENT 4
29
"approved" in the following sentence: "The
municipalities and the countieswill 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 M PO Board."
The remainder of 9action II, on page 9-10, No change. The MOU is not the appropriate
attempts to deal with the recently established mechanism to address these concerns. Oversight
requirement that local governments provide a mechanisms have been addressed in the
portion of the local match required to support document entitled "FY2014 Unified Planning Work
MPOstaff activities.While the local governments Program (UPWP) LPAOversight Structuresand
and M PO have agreed to establish an oversight Highlights"that was approved as part of the UPWP
committee that will develop the annual work at the May 2013 TACmeeting.
program and related annual budget Chapel Hill
believes the MOU does not addressthe issue of
potential disagreements between the member
jurisdictions and the M PO staff over the budget
and related local payments.This section needs
some improvement.
Town of Carrboro Comments-Received 9/13/13
Comment TAC Response
Page 6-7, line 36-4. The minimum number of Change made. The number of weighted votesfor
weighted votesfor all parties should be two(2), each local government was doubled. Triangle
except for the N.C. Board of Transportation and Transit and N.0 Board of Transportation each
Triangle Transit,who should receive one(1)vote, have one vote.
to reflect the fact that they are distinct from the
other parties in that they are represented by
appointed, and not elected,officials.
Page 9, line 36. Language should be added No change. The MOU is not the appropriate
establishing an oversight process for activities mechanism to address this concern. Oversight
conducted under the MPO's work plan, as has mechanisms have been addressed in the
been agreed to by M PO staff and member document entitled "FY2014 Unified Planning Work
jurisdiction staff. Program (UPWP) LPAOversight Structuresand
Highlights"that was approved as part of the UPWP
at the May 2013 TACmeeting.
Page 9, line 26. A limitation on the percent annual No change. The M PO Board has the authority to
increase in the UPWP budget should be added. control the level of spending in the UPWP.
Page 10, line26. Thewritten notice period for Change made.
termination of participation in the transportation
planning process should be changed from thirty
(30)days to ninety(90)days.
City of Durham Comments-Received on 9/16113
Comment TAC Response
Page 10, line26. Thewritten notice period for Change made.
4
ATTACHMENT 4
30
termination of participation in the transportation
planning process should be changed from thirty
(30)days to ninety(90)days.
Add E Verify Compliance language in response to Change made. Language added on page 10.
state law adopted on 9/4/2013
Durham County Comments-None received as of 9/19/13
Triangle Transit Comments-None received as of 9/19/13
5
ATTACHMENT 5
31
1 DURHAM-CHAPEL F1 LL-(TORO
2 M ETROPOU TAN R ANN NG ORGANIZA11 ON
3
4 M EM ORANDUM OF UNDERSTANDI NG
5 FOR
6 OOOP9?A11VF,OOM PF;EHEd9VF,AND 0DN11NUNG
7 TRANSPORTATON PLANNING
8
9 Between
10
11 THE GOVEFNOR OF THE STATE OF NORTH C4;0U NA,
12 C1 TY OF DUFF-IAM,TOWN OF CHAPEL HI LL,TaNN OF CA FUOM
13 TOWN OF HI LLSBOROUGH,COUNTY OF DURI-WM,
14 COUNTYOFORANGE,COUNTYOFCHATHAM,IRANGLETRANSIT,AND comment JBE11.Added
15 THE NORTH CAF OU NA DEPARTMENT OF TRANSaORTAII ON
16
17 in cooperation with
18
19 THE UNITED STATES DEPARTMENT OFTRANSPORTATION
20
21 November 13, 2013
22
23 WITNESSETH THAT
24
25 �VHEF Section 134(a)ofTitle23 United States Cbdesstates:� Comment[eE21:'Reference U.SC.firstasit
26 establishes the basis for MEOs
27 Policy—It isin the national interest-
28 (1)to encourage and promote the safe and efficient management,operation,
29 and development of surface transportation systems that will serve the mobility
30 needs of people and freight and foster economic growth and development
31 within and between aatesand urbanized areas,while minimi2i ng
32 transportation-related fuel consumption and air pollution through metropolitan
33 and statewidetransportation planning processes i denti fi ed in t his chapter;and
34 (2)to encourage the continued improvement and evolution of the metropolitan
35 and statewidetransportation planning processes by metropolitan planning
36 organizations,3atedepartmentsoftransportation,and publictransit operators
37 as guided by the planning factors identified in subsection(h)and section 135(d).
38
39 WHEF;EA.5 Section 134(c)of Title 23 United Sates Codes states:
40
41 General Fbquirements.-
42 (1)Development of long-range plans and TIPS.—To accomplish the objectives in
43 subsection(a),metropolitan planning organizations designated under subsection
44 (d),in cooperation with the Sate and public transportation operators,shall
1
ATTACHMENT 5 32
1 develop long-range transportation plans and transportation improvement
2 programs through a performance-driven,outcome-based approach to planning
3 for metropolitan areas of the Sate.
4 (2)Contents.—The plans and 11PSfor each metropolitan area shall provide for
5 the development and integrated management and operation of transportation
6 systems and facilities(including accessible pedestrian walkways and bicycle
7 transportation facilities)that will function asap intermodal transportation
8 system for the metropolitan planning area and asap integral part of an
9 intermodal transportation system for the Sate and the United:sates.
10 (3)Process of development.—The process for developing the plans and TIPS
11 shall provide for consideration of all modes of transportation and shall be
12 continuing,cooperative,and comprehensiveto the degree appropriate,based
13 on the complexity of the transportation problemsto be addressed.
14
15 �VH Chapter 136,Section 662(a)of the General 3atutesof North Carolinastate�: Comment[eE3]:Reference iv N.C.General
16 Statutes second as it establishes a requirement for
MPOs
17 Each MPO,with cooperation of the Department of Transportation,shall develop a
18 comprehensive transportation plan in accordance with 23 U.SG Section 134.In
19 addition,an MPO may include projects in its transportation plan that are not included in
20 a financially constrained plan or are anticipated to be needed beyond the horizon year
21 as required by 23 U.SG Section 134.For municipalities located within an MPO,the
22 development of a comprehensive transportation plan will take place through the
23 metropolitan planning organization.For purposes of transportation planning and
24 programming,the MPOshall represent the municipality's intereststo the Department of
25 Transportation.
26
27 WHEFEAS Chapter 136,Section 66.2(b)of the General 3atutesof North Carolina states:
28
29 After completion and analysisof the plan,the plan shall be adopted by both the
30 governing body of the municipality or MPO and the Department of Transportation as
31 the basisfor future transportation improvementsin and around the municipality or
32 within the MPO.The governing body of the municipality and the Department of
33 Transportation shall reach agreement asto which of the existing and proposed streets
34 and highways included in the adopted plan will be a part of the:sate highway system
35 and which streetswill be a part of the municipal street system.As used in thisArticle,
36 the Sate highway system shall mean both the primary highway system of the Sate and
37 the secondary road system of the aatewithin municipalities.
38
39 WHEFEAS Chapter 136,Section 66.2(d)of the General 3atutesof North Carolina states:
40
41 For M POs,either the M Poor the Department of Transportation may propose changes
42 in the plan at anytime by giving notice to the other party,but no change shall be
43 effective until it isadopted by both the Department of Transportation and the MPO.
44
2
ATTACHMENT 5
33
1 WHEfEA$a transportation planning process includesthe operational procedures and working
2 arrangements by which short and long-range transportation plans are soundly conceived and
3 developed and continuously evaluated in a manner that will:
4
5 1. Assist governing bodies and official agencies in determining courses of action and in
6 formulating attainable capital improvement programs in anticipation of community
7 needs;and,
8
9 2. Guide private individuals and groups in planning their decisionswhich can be important
10 factors in the pattern of future development and redevelopment of the area;
11
12 WHEfEA$it isthe desire of these agencies that a continuing,cooperative,and comprehensive
13 transportation planning process,be established for the Durham-Chapel l-ill-Carrboro
14 Metropolitan RanningAreain compliance with Title 23 U.SG Section 134 and any subsequent Comment[BE4[:'Changedfrbm"Durham
15 amendmentsto that statute,and any implementing regulations;Title 49 U.SC Chapter 53 and Urbanized Area"in response to NCDOT comment.
16 any subsequent amendmentsto these statutes,and any implementing regulations;and the Comment[BE5[:changed reference from
Federal Transit Act of 1991 to the U.S.C.related to
17 Crean AI r Act of 1970,as amended,[42 U.SG 7504 and 7506m]�. _ _ Metropolitan Planning and public transportation
18 Comment[BE6]:Added Clean Air Act
19 VA-EFEA,$it is the desire of these parties that all prior M en-cranda of Understanding between the references U.S.c.requirements onconformity
20 parties be superseded and replaced by this Memorandum of Understanding.
21
22 NOW THEFEFORE,the following Memorandum of Understanding is made:
23
24 Section 1
25
26 It ishereby agreed that the City of Durham, Town of Chapel Fill,Town of Carrboro,Town of
27 Hllsborough,County of Durham,County of Orange,County of Chatham,and the North Carolina
28 Department of Transportation in cooperation with the United:sates Department of
29 Transportation will participate in a continuing,cooperative,and oomprehensive�ransportation Comment[BE7]:Added,
30 planning processwith responsibilities and undertakings as related in the following paragraphs:
31
32 1. The Durharn-Chapel HII-Carrboro Metropolitan';RanningAro,will consist of the - Comment[BES[:Metropolitan Planning Area
33 Durham Urbanized Area ss defined by the United Sates Department of Commerce,
not MetropohtanArea Boundary is term used in
34 Bureau of the Cansus,plusthat area beyond the existing urbanized area boundary that Comment[BE9[:changed from Durham-Chapel
35 is expected to become urbanized or be affected by urban policieswithin atwenty-year Hill-Carrboro Urbanized Area census uses'
36 planningperiod. This area is hereinafter referred to asthe Metropolitan Ranning Area. "Durham Urbanized Area"
37
38 2. The Durharn-Chapel Fill-Carrboro Metropolitan Ranning Organization(DCHCMPO)shall
39 include the boards of general purpose local government-the Durham City Cbundl,
40 Chapel Fill Town Council,Carrboro Board of Aldermen,Hillsborough Board of
41 Commissioners,Durham County Board of Commissioners,Orange County Board of
42 Commissioners,and Chatham County Board of Commissioners;the North Carolina
43 Department of Transportation;aIMPO Board(hereinafter defined,aIMPaOTechnical = Comment[BE10[':New name for TAC
3
ATTACHMENT 5
34
1 Oommitteo hereinafter defined,and the various agencies and unitsof local,Iregional,J Comment[BE11]:New name for TCC
2 state,and federal government participating in the transportation planning for the area. Comment[BE121:Added regional Could refer
3 to TJCOG,Triangle Transit etc.
4 3. The Metropolitan Planning Area boundary will be periodically reviewed and revised in
5 light of new developments,basic data projections fort he current planning period,and
6 as may otherwise be required by federal and state laws.
7
8 4. The continuing transportation planning processwill be a cooperative one reflective of
9 and responsive to the programs of the North Carolina Department of Transportation,
10 and to the comprehensive plans for growth and development of the Municipalities of
11 Durham,Chapel Fill,Carrboro,and Hllsborough;and the Cbuntiesof Durham,Orange,
12 and Chatham. Attention will be given to cooperative planning with' he neighboring
13 metropolitan and rural plannir>gorganilation�. - Comment[BE13]I:Changed to more inclusive
14 language(previously only referenced CAMEO)
15 5. The conti nuing transportation planning process will be in accordance with the intent,
16 procedures,and programs of Title of the ClviI FightsAct of 1964,as amended.
17
18 6. Pe continuing transportation planning processwill be in accordance with the intent,
19 procedures,and'programs of Clean Air Act of 1970,asamendecl. - comment[BE1aj;Added
20
21 7. Transportation policy decisions within the lM PO are the shared responsibi lity of the M PO Comment[BE151:Changed from"Planning
22 Board,the N.0 Board of Transportation,and participating local governments. Area"in response toNCDOT comment
23
24 8. Transportation plans and programs,and land use policies and programs,for the
25 Planning Area,having regional impacts,will be coordinated with Triangle Transitl,the
26 neighboring metropolitan and rural planning organizations,and Triangle JCbuncil of - Comment[BE16]':Changed to more inclusive
27 Governments. language(previously only referencedCATYWO)
28
29 9. A M PO Board is hereby established with the responsibility for cooperative
30 transportation decision-making for theDurharrrChapel Fill-Carrboro Metropolitan
31 Planning Organization(DCHCM PO). The M PO Board shall have the responsibility for
32 keeping the policy boards i nformed of the status and requirements of the
33 transportation planning process;assisting in the dissemination and clarification of the
34 decisions,inclinations,and policiesof the policy boards,and for providing opportunities
35 for citizen participation in the transportation planning process.
36
37 The MPO Board will be responsiblefor carryingout the provisionsof 23 U.SC Section
38 134;I iitle49 U.SC Chapter 53;and 42 U.SC 75.04 and 7506(c);including but not Comment[BE171:Updated reference topublic
39 limited to: — transportation U.S.C.
40 Comment[BE18]:Added.References Clean Air
Act requirements
41 a. Establishment of goals and objectives for the transportation planning process;
42
4
ATTACHMENT 5
35
1 b. Fbview and approval of a Prospectus for transportation planning which defines
2 work tasks and responsibilities for the various agencies participating in the
3 transportation planning process;
4
5 c. Fbview and approval of the transportation Unified Planning Work Program;
6
7 d. Review and approval of changesto the National Highway 9pstem,Functional
8 Classification,and Metropolitan,PlanningAreaboundary; Comment[BE1s]:Old MOU includes"urban
area boundary" Urbanized area set by Census,
Smoothed UZA no longer necessary.
10 e. Fbview and approval of the Comprehensive and Metropolitan Transportation
11 Plans. As specified in General Statutes Section 136-66.2(a),the Cbmprehensive
12 Transportation Plan shall include the projects in the Metropolitan Transportation
13 Plan and may include additional projectsthat are not included in the financially - Comment[BE201:Changed from"as well as"in
14 constrained plan or are anticipated to be needed beyond the horizDn year as response to NCDOT comment
15 required by 23 U,SC Section 134. As specified in General Statutes Section 136-
16 66.2(d)revisionsto the Comprehensive Transportation Ran Oro required to be - Comment[BE211:Changed from"may be"in
17 jointly approved by the North Carolina Department of Transportation and the response to NCDOT comment.
18 M PO Board;l Comment[BE221:Updated to reflect current
19 names of plans and legislation.
20 f. Fbview and approval of the Transportation Improvement Program and changes
21 to the Transportation Improvement Program. �sspecified in 23 U.SC Section
22 134(k),all federally funded projectscarried out within the boundariesof a
23 metropolitan planning area serving atransportation management area
24 (excluding projects carried out on the National Highway 3/stem)shall be
25 selected for implementation from the approved TPby the metropolitan
26 planning organization designated for the area in consultation with the State and
27 any affected public transportation operator;1 = Comment[BE23]:Added reference tospecific
28 language for selection of TIP projects in
Transportation Management Areas.
29 g. Fbview and approval of planning proceduresfor air quality conformity and
30 review and approval of air quality conformity determination for projects,
31 programs,and plans;I Comment[BE24]':Added
32
33 h. Faview and approval of a(bngestion Management Prooess; Comment[BE25]':Added
34
35 i. Review and approval of the distribution and oversight of federal fundsdesignated
36 for theJDCHCMPOI under the provisionsof MAP-21 and any other subsequent Comment[BE26]' Changed from"Durham
37 Transportation Authorizations; Urbanized Area"in response to NCDOT comment
38 Comment[BE27]:Added
39 j. Feview and approval of a policy for public involvement for the DCHCMPO; Comment[BE28]:Added
40
41 k. Review and approval of an agreement between the MPO,the State,and public
42 transportation operators serving the Metropolitan Planning Areathat defines
43 mutual responsibilitiesfor carrying out the metropolitan planningprocessin
44 accordance with 23 CF R 450.314; = comment[BE2s]!:Added
5
ATTACHMENT 5
36
1
2 I. Oversight of the Lead Ranning Agency staff; comment[eE301:added
3
4 m. Fbvision in membership of the MPOTechnical Committee hereinafter defined;
5
6 n. Development and approval of committee bylaws for the purpose of establishing
7 operating policies and procedures;
8
9 o. Review and approval of cooperative agreementswith other transportation
10 organizations,transportation providers,counties,and municipalities. comment[eE311:added
11
12 The membership of the MPO Board shall include:
13
14 a. Two membersof the Durham City Council;
15 b. One member of the Chapel Fill Town Council;
16 c. One member of the Carrboro Board of Aldermen;
17 d. One member of the Fillsborough Board of Commissioners;
18 e. One member of the Durham County Board of Commissioners;
19 f. One member of the Orange County Board of Commissioners;
20 g. One member of the Chatham County Board of Commissioners;
21 h. One member of the North Carolina Board of Transportation;
22 i. One member of the Triangle Transit Board of Trustees.
23
24 Municipal and county publictransit providers shall be represented on the MPO Board
25 through their respective municipal and county local government board'members.1 comment[eE321:added to address MAP-21
26 requirement that transit providers be voting members
of
he MPO Board
27 It shall be the responsibility of each member jurisdiction to appoint a representative and
28 an alternate(s)to the M PO Board.
29
30 A quorum of the M PO Board shall consist of a majority of the voting memberswhose
31 votes together represent a majority of the possible weighted votes identified in the
32 weighted vote schedule below. A majority vote shall be sufficient for approval of
33 matters coming before the committee with the exception that a committee member
34 may i nvoke the following weighted vote provisions on any matter:
35
36 Government Body Votes
37 Qty of Durham 16*
38 Town of Chapel H 11 6
39 Durham County; 4
40 Orange County 4
41 Town of Carrboro 2
42 Chatham County 2
43 Town of Hillsborough 2
44 N.CR Board of Transportation 1
6
ATTACHMENT 5
37
1 Triangle Transit 1
2 Total 38
3
4 *`8 votes per representative, Comment[BE33[:Proposed Weighted Voting is
5 based on the current MOU,but makes Durham
County and Orange County equivalent due to similar
6 Fbpresentativesfrom each ofthefollowingbodieswill serve asnon-voting members of populations and increases Chapel Hill due to
7 the M Board: comparatively larger size In response to Cairboro's
comments,all local governments receive aminimum
8 of two votes The number of weighted votes for all
jurisdictions were doubled from the draft MOU
9 a. A,representative of the Federal Highway Administration; Quorum is6 members who represent 20weighted
10 b. A representative of the Federal Transit Administration; C tee
11 c. Other local,regional,state,or federal enciesim actin transportation in the - comment[B)ofth Federal Highway
12 impacting � Adminis4rator(s)of the Federal Highway
12 planning area at the invitation of the MPO Board. Administration and/or the Federal Transit
13 Adm nistration,or their representative(s);"
14 The MPO Board will meet as often as it is deemed appropriate and advisable. On the
15 basisof a majority vote,the MPO Board may appoint membersof the Board to act as
16 Chair and Vice-Chair with the responsibility for coordination of the Board's activities. A
17 member of the Lead Planning Agency staff will serve as Secretary to the Board and will = Comment[BE35[:changed from city of
18 work cooperatively with the staff of other jurisdictions. Durhan'Department ofTransportation
19
20 10.AM PO Technical Committee shall be established with the responsibility of general
21 review,guidance and coordination of the transportation planning process for the
22 planning area and with the responsibility for making recommendations to the respective
23 local,state,and federal governmental agencies and the MPO Board regarding any
24 necessary actions relating to the continuing transportation planning process.The MPO
25 Technical Committee shall be responsible for development,review and
26 recommendations for approval and changesto the Prospectus,Unified Planning Work
27 Program,Transportation Improvement Program,National Fighway Sjstem,Functional
28 Classification,Metropolitan Planning Area boundary,Metropolitan Transportation Plan,
29 and Comprehensive Transportation Plan,for planning citizen participation,and for
30 documenting reportsof various transportation studio. Fcc ment[BE3si:changedfrem°the
31 portation s udy"jm response o Orange County
ment.
3 2 Membership of the MPO Technical Committee shall include technical representatives
33 from local and state agencies directly related to and concerned with the transportation
34 planning process for the planning area. F;bpresentativeswill be designated by the chief
35 executive officer of each represented agency. Departments or divisions within'local and
36 state agendesthat should be represented on the MPO Technical Committee include,
37 but are not limited to,those responsible for transportation planning,land use planning,
38 transportation operations,publicworks and construction,engineering,public
39 transportation,environmental conservation and planning,bicycle and pedestrian
40 planning,and economicdevelopment.1 Initially,the membership shall include,but not Comment[BE371:Added
41 be limited to,the following:
42
43 a. The City of Durham 5 representatives
44 b. The Town of Chapel HII 3 representatives
7
ATTACHMENT 5
38
1 c. The Town of Carrboro 2 representatives
2 d. The Town of Hillsborough 1 representative
3 e. Durham County 3 representatives
4 f. Orange County �0 rep resent atives = Co mme nt[BE3s[:Increased to3tobeequal
5 g. Chatham County 1 representative with Durham County,
6 h. The N.0 Department of Transportation 5 representatives
7 i. Triangle JCOunal of Governments 1 representative
8 j. Duke University 1 representative
9 k. N.0 Central University 1 representative
10 I. The University of North Carolina 1 representative
11 m. The Fbleigh-Durham Airport Authority 1 representative
12 n. Triangle Transit 1 representative
13 o. The Fbsearch Triangle Park Foundation 1 representative
14 p. IThe N.G.Department of the Environment and 1 representative
15 Natural Fesources Comment[BE39[':Added due to air quality and
16 Merger Process roles
17 �he City of Durham's membership shall not include members of the Lead Planning
18 Agency staff.1 comment[BE40]:Added
19
20 In addition to voting membership,the following agencies shall have non-voting
21 membership:
22
23 a. Pe Federal Highway Administration 1 representative
24 b. The Federal TransitAdrnnistration 1 representative - Comme,tt[BE41]:Cu=rentMOU says zfrom
25 c. ' 'e U.S Army f E representative from FH Cbr s on Engineers 1 re fr Proposed MOU specifically requests one
p g p fromWAandonefromFTA
26 d. The U.S Environmental Protection Agency 1 representative
27 e. The U.S Fish and Wildlife Service 1 representative
28 f. The N.G.Department of Cultural Fbsources 1 representative
29 g. The N.0 Department of Gbmmerce 1 representative, - Comment[BE42]:Added all have role in
30 h. IThe U.S Department of Housing and Urban 1 representative Merger Process
31 Development Comment[BE431:Added due to Livability
32 i. Pe N.0 Pailroad Company 1 representative Initiative`.
33 j. The N.0 Trucking Association 1 representative Comment[BE441:Added to incorporate freight
34 k. Pe N.0 Motorcoach Association 1 representative, interests
35 I. Fbgional Transportation Alliance 1 representative Comment[BEasah currently in nthe substitute
Greyhound membership currently in the TCG
36 bylaws Represents private charter bus operators
37 The MPO Technical Committee shall meet when it is deemed appropriate and advisable. Comment[BE4s[':Added to incorporate'
38 On the basisof a majority vote,the M PO Technical Committee may appoint voting economic development interests
39 membersoftheCommitteeto act asChair and V ioe-Chair with the responsibility for
40 coordination of the Committee's activities.
41
42 11.The Durham Oty Cbunal,Chapel Hill Town Cbunal,Corrboro Board of Aldermen,
43 Hillsborough Board of Commissioners,Durham County Board of Commissioners,Orange
44 County Board of Commissioners,and Chatham County Board of Commissioners shall
8
ATTACHMENT 5
39
1 serve asthe primary meansfor citizen input to the continuing transportation planning
2 process. Duringthe Metropolitan Transportation Plan reevaluation,citizen involvement
3 in the planning processshall be encouraged during re-analysisof goalsand objectives
4 and plan formation. This citizen involvement will be obtained through procedures Comment[BE47] Deleted` goals and
objectives surveys,neighborhood forums,and public
5 outlined in the lMPO s policy for public Involvementl. hearings in accordance wrth .°
6 Comment[BE48]I:Changedfrom"North
7 The MPO Board may also receive public input or hold public hearings as may also be Carolina Highway Action Plan"
8 required by federal or state law.
9
10 -Section II
11
12 It isfurther agreed that the subscribing agencies will have the following responsibilities,these
13 responsibilities beingthose most logically assumed by the several agencies:
14
15 �heMunic[palltlesand the Oountles Comment[BE49]':Condensed into one section
16 Current MOU includes identical language for all
seven municipalities and counties
17 The municipalities and the countieswill assist in the transportation planning process by
18 providing planning assistance,data,and inventories in accordance with the Prospectus.
19 The municipalities and the counties shall coordinate zoning and subdivision approval
20 within their respective jurisdictions in accordance with the adopted Metropolitan
21 Transportation Plan and the Comprehensive Transportation Plan.
22
23 Additionally,the aty of Durham will serve asthe Lead Planning Agency for the
24 transportation planning process in the Planning Area.
25
26 (The municipalities and the counties wi II;participate in funding the portion of the costs of
27 the MPO's work program not covered by federal or state funding as(reflected in the
28 annual Planning Work Program lapproved by the M PO Board. The portion to be paid by Comment[BE501:Added in response to chapel
29 each municipal and county member government will be based upon its pro rata share of ffill comment
30 population within the M PO Planning Area,utiliangthe most recent certified North
31 Carolina Office of Rate Planning municipal and county population estimates. In
32 addition,M PO members may also voluntarily contribute additional funds for other
33 purposes such asto partid pate in funding the costs of special studies,or other
34 specialized services as mutually agreed Upon.) Comment[BE51]:Added.Uses same language
35 as CAWO
36 (Funding provided by member agencies will be used to provide the required local match
37 to federal funds. Failure by member agendesto pay the approved share of costs would
38 impact the MPO's ability to match federal funds and could have the effect of
39 invalidating the MPO's Unified Planning Work Program and the annual MPO self-
40 certification,and could also result in thewithholding of transportation project funds.
41 Failure by member governmentsto pay the approved share of costs may also result in
42 the withholding ofMPO ervioesandfunding. - comment[BESZ[',:Aaded This pamgraphwas
43 rewr ttemin response'to NCDOT and Orange County
comment.
44
9
ATTACHMENT 5
40
1 The municipalities and the counties receiving federal transportation funding designated
2 for the Durham Urbanized Area as approved by the M PO Board through the Unified
3 Planning Work Program shall comply with adopted reporting and oversight procedures. Comment[ee531:added
4
5 North Carolina Department of Transportation
6
7 The Department will assist in the transportation planning process by providing planning
8 assistance,data,and inventories in accordance with the Prospectus. Should any
9 authorized local government body chooseto adopt or amend atransportation corridor
10 official map for a proposed public transportation corridor pursuant to N.CG.S§136-
11 44.50,the Department may offer assistance by providing mapping,data,inventories,or
12 other Department resourcesthat could aid the local government body in adopting or
13 amending atransportation corridor official map. - Comment[se54]':Changed from"The
14 Department,to the fullest extent possible and as
permitted by existing state and federal regulations,
15 triangle Transit will provide assistance in the protection of necessary
rights-of-way for those transportation facilities
16 designated in the adopted Metropolitan
17 Triangle Transit will assist in the transportation planning process by providing planning Transportation Plan and Comprehensive
Transportation Plan"in response to NCDOT
18 assistance,data,and inventories in accordance with the Prospectus. Triangle Transit comment.
19 shall comply with adopted reporting and oversight procedures for the receipt of federal
20 transportation funding designated for the Durham Urbanized Area as approved by the
21 M PO Board through the Unified!Planning Work Program. comment Jee551:added
22
23 E Verify Compliance for Al Partiesto thisAgreement
24
25 Each of the parties covenants that if it enters into any subcontracts in order to perform
26 any of its obligations under this contract,it shall requirethat the contractors and their
27 subcontractors comply with the requirements of NCGen.Sat.Article 2 of Chapter
28 64. In thisEVerify Compliance section,the words contractors,subcontractors,and
29 comply shall havethe meanings;intended by applicable iprovisions of NCGen.Sat;
30 Chapters 153A and 160AI Comment[ee56]:added in response to City of
31 Durham comment
32 -ection III
33
34 PartiestothisMemorandumofUnderstandingmayterminatetheirparticipationinthe
35 continuing transportation planning process bygiving�ninety(90)days written noticeto the - Comment[eE57]:Changed from'thirty';(3o)'m
36 other parties prior to the date of termination. If any party should terminate participation,this response toCarrboro and City ofl Durham comment,
37 Memorandum of Understanding shall remain in force and the Durharn-Chapel Fill-Carrboro
38 Metropolitan Planning Organization shall continue to operate as long as 75%or more of the
39 population within the Metropolitan Planning Area is represented by the remaining members.
40 For the purpose of determining 75%representation,the populations wit hi incorporated areas
41 are represented by the respective municipal governments and the populations within the
42 unincorporated areas are represented by the respective county governments.
43
44 section IV
10
ATTACHMENT 5
41
1
2 In witnesswhereof,the parties of this Memorandum of Understanding have been authorized
3 by appropriate and proper resolutionsto sign the same,the City of Durham by itslMayorj,the Comment[ee581':Current MOU says"City
4 Town of Chapel Fill by its Mayor,the Town of Cbrrboro by its Mayor,the Town of H Ilsborough Manager"for city ofDunam only
5 by its Mayor,Durham County by its Chair,Orange County by its Chair,Chatham County by its
6 Chair,�riangle Transit by its Chain,and the Secretary of Transportation on behalf of the Comment[Be59]:Added in response to
7 Governor of the Sate of North Carolina and the North Carolina Department of Transportation, NCDOT comment.
8 thisthe day of
9
10 (Sel) Qty of Durham
11
12
13
14 By
15 Clerk Mayor
16
17 (Sel) Town of Chapel Fill
18
19
20
21 By
22 Clerk Mayor
23
24 (Sel) Town of Carrboro
25
26
27
28 By
29 Clerk Mayor
30
31 (Sel) Town of HIIsborough
32
33
34
35 By
36 Clerk Mayor
37
38 (S al) County of Durham
39
40
41
42 By
43 Clerk Chaff r
44
11
ATTACHMENT 5
42
1 (SFal) County of Orange
2
3
4
5 By
6 Clerk Choi r
7
8 (seal) County of Chatham
9
10
11
12 By
13 Clerk Chaff r
14
15
16 (Seal) Triangle Transit
17
18
19
20 By
21 Clerk Chaff r
22
23 (Seal) North Carolina Department of
24 Transportation
25
26
27 By
28 Secretary I Comment[BE60]':Signature lines will be on
29 — separate pages in the final MOU for easier execution+
30
12
ATTACHMENT 6
43
NORTH CAROLINA
DURHAM-CHAPEL HILL-CARRSORO
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
WHEREAS, Chapter 136, Article 3A, Section 136-66.2 {a} of the
General Statutes of North Carolina require that:
"Each 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,
ATTACHMENT 6
44
DCHC MCU
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,
ATTACHMENT 6
45
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:
I. 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(l) of the Federal Transit Act of 1991, and the
Intermoda1 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 CARRBORO, TOXIN 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
ATTACHMENT 6
46
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)
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 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 MPQ) .
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 (1) and 1607 (a) and
ATTACHMENT 6
47
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 for 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;
ATTACHMENT 6
48
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 guorum 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 chill 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.
ATTACHMENT 6
49
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 rmprovement 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 'prose-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 (5 representatives)
b. The Town of Chapel Hill (3 representatives)
c. The Town of Carrboro (2 representatives)
d. The Town of Hillsborough (I representative)
e. Durham County (3 representatives)
f. Orange County (2 representatives)
g. Chatham County (1 representative)
h. The N. C. Department (5 representatives)
of Transportation
ATTACHMENT 6
50
DCHC NOU
Page 8
i. Triangle "J" Council (1 representative)
of Governments
j . Duke University (I representative)
k. N. C. Central University (1 representative)
1. The University of (1 representative)
North Carolina
m. The Raleigh-Durham (1 representative)
Airport Authority
n. The Triangle Transit (1 representative)
Authority
o. The Research Triangle (1 representative)
Park Foundation
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. During 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.
ATTACHMENT 6
51
DCHC MCU
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 _Hill
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
ATTACHMENT 6
52
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 County
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 Trans ortation
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.
ATTACHMENT 6
53
DCHC MOU
Page 11
Section IV.
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 oTransportation by the
Se retary of Transportation, this � day of
(Seal) Dtjp y q C Wy OF DURHAM
Ci'� •tip. _ ` a
f Jerk City Manager
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 on the basis of race and sex and urges all its
.contractors to provide a fair opportunity for minorities and women
- �=lp 'cipate in their , work force and a`s subcontractors and ..
}der City contracts.
� -�7t'�iY Turn
TOWN OF CHAPEL HILL
By
le Mayor
V'blaf!►ilci,
(Seal) %& ', TOWN OF CARRBORO
.'
ul.erk M or
'This Instrument has boan praaud'tact in the
'.cow, manner re Oired by the Local Galiemment
Budget d is I Con? �4t.
ATTACHMENT 6
54
DCHC MOU
Page 1.2
(Seal) TOWN OF HILLSBOROUGH
ZL4,74 4:V5,4 By
fl Cl Mayo
(Seal) CO TY O DURHAM
ti By
Clerk ai
(Seal) COUNTY OF ORANGE
S
Deputy Clerk Chair
(Seal) COUNTY OF CHAT
sy 6
Clerk Chair
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--[/1�V, By --7, )gt'd�
da Assistant Attor ey Gaiieral