HomeMy WebLinkAboutAgenda - 09-16-2014-11g1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 16, 2014
Action Agenda
Item No. 11 -g
SUBJECT: County Commissioners Appointment (Alternate) to the Durham - Chapel Hill- Carrboro-
Metropolitan Planning Organization (DCHC -MPO)
DEPARTMENT: Board of Commissioners PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): Under Separate Cover INFORMATION CONTACT:
Clerk's Office, 245 -2130
Memorandum of Understanding for the DCHC -
MPO Board
PURPOSE: To consider appointing a County Commissioner to the Alternate position on the
DCHC -MPO.
BACKGROUND: BOCC members currently serve on various County and County - related
boards and commissions. Commissioner Bernadette Pelissier (current Alternate on the DCHC -
MPO) has indicated that as of the last Durham - Chapel Hill - Carrboro MPO meeting, she officially
became a voting member as the Triangle Transit representative. The MPO's new bylaws now
specify that a person cannot be both a representative of a transit agency and a
municipality /county. Commissioner Pelissier had been serving as the alternate for Orange
County (original appointment) as indicated above. Commissioner Pelissier has said that after
discussion with several individuals, she had decided to resign from her position as the alternate
for Orange County on the MPO and remain a voting member representing Triangle Transit.
Commissioner Alice Gordon continues to serve as the regular voting member for Orange
County on the DCHC -MPO.
Attached to this abstract is the most recent (March 2014) adopted Memorandum of
Understanding for the DCHC MPO Board. Information on page six of the MOU (page eight of
this agenda item) indicates that the MPO Board member must be a member of the Orange
County Board of Commissioners and that it is the responsibility of each jurisdiction to appoint a
representative and an alternate(s) to the MPO Board.
After discussion with transportation staff, it is staff's understanding that if the Orange County
Board of Commissioners' voting member position becomes vacant, it will be the responsibility of
the Orange County Board of Commissioners to designate a replacement to fill the vacancy. If
there is any period of time when the Orange County Board of Commissioners has an appointed
alternate serving on the DCHC MPO Board and has no voting member, the alternate may vote
on all agenda items during meetings.
FINANCIAL IMPACT: None.
RECOMMENDATION(S): The Board will consider making a BOCC appointment to the MPO.
K
DURHAM - CHAPEL HILL- CARRBORO
METROPOLITAN PLANNING ORGANIZATION
MEMORANDUM OF UNDERSTANDING
FOR
COOPERATIVE, COMPREHENSIVE, AND CONTINUING
TRANSPORTATION PLANNING
Between
THE GOVERNOR OF THE STATE OF NORTH CAROLINA,
CITY OF DURHAM, TOWN OF CHAPEL HILL, TOWN OF CARRBORO
TOWN OF HILLSBOROUGH, COUNTY OF DURHAM,
COUNTY OF ORANGE, COUNTY OF CHATHAM, TRIANGLE TRANSIT, AND
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
in cooperation with
THE UNITED STATES DEPARTMENT OF TRANSPORTATION
March 12, 2014
WITNESSETH THAT
WHEREAS, 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 systems that will serve the mobility
needs of people and freight and foster economic growth and development
within and between States and urbanized areas, while minimizing
transportation - related fuel consumption and air pollution through metropolitan
and statewide transportation planning processes identified in this chapter; and
(2) to encourage the continued improvement and evolution of the metropolitan
and statewide transportation planning processes by metropolitan planning
organizations, State departments of transportation, and public transit operators
as guided by the planning factors identified in subsection (h) and section 135(d).
WHEREAS, Section 134(c) of Title 23 United States Codes states:
General Requirements.—
(1) Development of long -range plans and Transportation Improvement Programs
(TIPS).— To accomplish the objectives in subsection (a), metropolitan planning
organizations designated under subsection (d), in cooperation with the State and
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public transportation operators, shall develop long -range transportation plans
and transportation improvement programs through a performance- driven,
outcome -based approach to planning for metropolitan areas of the State.
(2) Contents.— The plans and TIPS for each metropolitan area shall provide for
the development and integrated management and operation of transportation
systems and facilities (including accessible pedestrian walkways and bicycle
transportation facilities) that will function as an intermodal transportation
system for the metropolitan planning area and as an integral part of an
intermodal transportation system for the State and the United States.
(3) Process of development.— The process for developing the plans and TIPS
shall provide for consideration of all modes of transportation and shall be
continuing, cooperative, and comprehensive to the degree appropriate, based
on the complexity of the transportation problems to be addressed.
WHEREAS, Chapter 136, Section 66.2(a) of the General Statutes of North Carolina states:
Each Metropolitan Planning Organization (MPO), with cooperation of the Department of
Transportation, shall develop a comprehensive transportation plan in accordance with
23 U.S.C. Section 134. In addition, an MPO may include projects in its transportation
plan that are not included in a financially constrained plan or are anticipated to be
needed beyond the horizon year as required by 23 U.S.C. Section 134. For municipalities
located within an MPO, the development of a comprehensive transportation plan will
take place through the metropolitan planning organization. For purposes of
transportation planning and programming, the MPO shall represent the municipality's
interests to the Department of Transportation.
WHEREAS, Chapter 136, Section 66.2(b) of the General Statutes of North Carolina states:
After completion and analysis of the plan, the plan shall be adopted by both the
governing body of the municipality or MPO and the Department of Transportation as
the basis for future transportation improvements in and around the municipality or
within the MPO. The governing body of the municipality and the Department of
Transportation shall reach agreement as to which of the existing and proposed streets
and highways included in the adopted plan will be a part of the State highway system
and which streets will be a part of the municipal street system. As used in this Article,
the State highway system shall mean both the primary highway system of the State and
the secondary road system of the State within municipalities.
WHEREAS, Chapter 136, Section 66.2(d) of the General Statutes of North Carolina states:
For MPOs, either the MPO or the Department of Transportation may propose changes
in the plan at any time by giving notice to the other party, but no change shall be
effective until it is adopted by both the Department of Transportation and the MPO.
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WHEREAS, a transportation planning process includes the operational procedures and working
arrangements by which short and long -range transportation plans are soundly conceived and
developed and continuously evaluated in a manner that will:
1. Assist governing bodies and official agencies in determining courses of action and in
formulating attainable capital improvement programs in anticipation of community
needs; and,
2. Guide private individuals and groups in planning their decisions which can be important
factors in the pattern of future development and redevelopment of the area;
WHEREAS, it is the desire of these agencies that a continuing, cooperative, and comprehensive
transportation planning process, be established for the Durham - Chapel Hill - Carrboro
Metropolitan Planning Area in compliance with Title 23 U.S.C. Section 134 and any subsequent
amendments to that statute, and any implementing regulations; Title 49 U.S.C. Chapter 53 and
any subsequent amendments to these statutes, and any implementing regulations; and the
Clean Air Act of 1970, as amended, [42 U.S.C. 7504 and 7506(c)].
WHEREAS, it is the desire of these parties that all prior Memoranda of Understanding between the
parties be superseded and replaced by this Memorandum of Understanding.
NOW THEREFORE, the following Memorandum of Understanding is made:
Section I
It is hereby agreed that the City of Durham, Town of Chapel Hill, Town of Carrboro, Town of
Hillsborough, County of Durham, County of Orange, County of Chatham, Research Triangle
Regional Public Transportation Authority (d /b /a Triangle Transit), and the North Carolina
Department of Transportation in cooperation with the United States Department of
Transportation will participate in a continuing, cooperative, and comprehensive transportation
planning process with responsibilities and 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 States Department of Commerce,
Bureau of the Census, plus that area beyond the existing urbanized area boundary that
is expected to become urbanized or be affected by urban policies within a twenty -year
planning period. This area is hereinafter referred to as the Metropolitan Planning Area.
2. The Durham - Chapel Hill - Carrboro Metropolitan Planning Organization (DCHC MPO) shall
include the policy 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 MPO Technical
Committee hereinafter defined, and the various agencies and units of local, regional,
state, and federal government participating in the transportation planning for the area.
3. The Metropolitan Planning Area boundary will be periodically reviewed and revised in
light of new developments, basic data projections for the current planning period, and
as may otherwise be required by federal and state laws.
4. The continuing transportation planning process will be a cooperative one reflective of
and responsive to the programs of the North Carolina Department of Transportation,
and to the comprehensive plans for growth and development of the Municipalities of
Durham, Chapel Hill, Carrboro, and Hillsborough; and the Counties of Durham, Orange,
and Chatham. Attention will be given to cooperative planning with the neighboring
metropolitan and rural planning organizations.
5. The continuing transportation planning process will be in accordance with the intent,
procedures, and programs of Title VI of the Civil Rights Act of 1964, as amended.
6. 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 decisions within the MPO are the shared responsibility of the MPO
Board, the N.C. Board of Transportation, and participating local governments.
8. Transportation plans and programs, and land use policies and programs, for the
Planning Area, having regional impacts, will be coordinated with Triangle Transit, the
neighboring metropolitan and rural planning organizations, and Triangle J Council of
Governments.
9. A MPO Board is hereby established with the responsibility for cooperative
transportation decision - making for the Durham - Chapel Hill - Carrboro Metropolitan
Planning Organization (DCHC MPO). The MPO Board shall have the responsibility for
keeping the policy boards informed of the status and requirements of the
transportation planning process; assisting in the dissemination and clarification of the
decisions, inclinations, and policies of the policy boards, and for providing opportunities
for citizen participation in the transportation planning process.
The MPO Board will be responsible for carrying out the provisions of 23 U.S.C. Section
134; Title 49 U.S.C. Chapter 53; and 42 U.S.C. 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. Review and approval of a Prospectus for transportation planning which defines
work tasks and responsibilities for the various agencies participating in the
transportation planning process;
c. Review and approval of the transportation Unified Planning Work Program;
d. Review and approval of changes to the National Highway System, Functional
Classification, and Metropolitan Planning Area boundary;
e. Review and approval of the Comprehensive and Metropolitan Transportation
Plans. As specified in General Statutes Section 136- 66.2(a), the Comprehensive
Transportation Plan shall include the projects in the Metropolitan Transportation
Plan and may include additional projects that are not included in the financially
constrained plan or are anticipated to be needed beyond the horizon year as
required by 23 U.S.C. Section 134. As specified in General Statutes Section 136 -
66.2(d) revisions to the Comprehensive Transportation Plan are required to be
jointly approved by the North Carolina Department of Transportation and the
MPO Board;
Review and approval of the Transportation Improvement Program and changes
to the Transportation Improvement Program. As specified in 23 U.S.C. Section
134(k), all federally funded projects carried out within the boundaries of a
metropolitan planning area serving a transportation management area
(excluding projects carried out on the National Highway System) shall be
selected for implementation from the approved TIP by the metropolitan
planning organization designated for the area in consultation with the State and
any affected public transportation operator;
g. Review and approval of planning procedures for air quality conformity and
review and approval of air quality conformity determination for projects,
programs, and plans;
h. Review and approval of a Congestion Management Process;
Review and approval of the distribution and oversight of federal funds designated
for the DCHC MPO under the provisions of MAP -21 and any other subsequent
Transportation Authorizations;
Review and approval of a policy for public involvement for the DCHC MPO;
k. Review and approval of an agreement between the MPO, the State, and public
transportation operators serving the Metropolitan Planning Area that defines
mutual responsibilities for carrying out the metropolitan planning process in
accordance with 23 C.F.R. 450.314;
I. Oversight of the Lead Planning Agency staff;
m. Revision in membership of the MPO Technical Committee hereinafter defined;
n. Development and approval of committee bylaws for the purpose of establishing
operating policies and procedures;
o. Review and approval of cooperative agreements with other transportation
organizations, transportation providers, counties, and municipalities.
The membership of the MPO Board shall include:
a. Two members of the Durham City Council;
b. One member of the Chapel Hill Town Council;
c. One member of the Carrboro Board of Aldermen;
d. One member of the Hillsborough Board of Commissioners;
e. One member of the Durham County Board of Commissioners;
f. One member of the Orange County Board of Commissioners;
g. One member of the Chatham County Board of Commissioners;
h. One member of the North Carolina Board of Transportation;
i. One member of the Triangle Transit Board of Trustees.
Municipal and county public transit providers shall be represented on the MPO Board
through their respective municipal and county local government board members.
It shall be the responsibility of each member jurisdiction to appoint a representative and
an alternate(s) to the MPO Board.
In order for a quorum of the MPO Board to be established:
a. A simple majority of the voting members shall be present; and
b. The total number of weighted votes associated with the simple majority, as
identified in the weighted voting schedule below, shall represent a majority of
the total number of possible weighted votes.
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 Hill 6
Durham County 4
Orange County 4
Town of Carrboro 2
m
Chatham County 2
Town of Hillsborough 2
N.C. Board of Transportation 1
Triangle Transit 1
Total 38
* 8 votes per representative
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Representatives from each of the following bodies will serve as non - voting members of
the MPO Board:
a. A representative of the Federal Highway Administration;
b. A representative of the Federal Transit Administration;
c. Other local, regional, state, or federal agencies impacting transportation in the
planning area at the invitation of the MPO Board.
The MPO Board will meet as often as it is deemed appropriate and advisable. On the
basis of a majority vote, the MPO Board may appoint members of the Board to act as
Chair and Vice -Chair with the responsibility for coordination of the Board's activities. A
member of the Lead Planning Agency staff will serve as Secretary to the Board and will
work cooperatively with the staff of other jurisdictions.
10. A MPO Technical Committee shall be established with the responsibility of general
review, guidance and coordination of the transportation planning process for the
planning area and with the responsibility for making recommendations to the respective
local, state, and federal governmental agencies and the MPO Board regarding any
necessary actions relating to the continuing transportation planning process. The MPO
Technical Committee shall be responsible for development, review and
recommendations for approval and changes to the Prospectus, Unified Planning Work
Program, Transportation Improvement Program, National Highway System, Functional
Classification, Metropolitan Planning Area boundary, Metropolitan Transportation Plan,
and Comprehensive Transportation Plan, for planning citizen participation, and for
documenting reports of various transportation studies.
Membership of the MPO Technical Committee shall include technical representatives
from local and state agencies directly related to and concerned with the transportation
planning process for the planning area. Representatives will be designated by the chief
executive officer of each represented agency. Departments or divisions within local and
state agencies that should be represented on the MPO Technical Committee include,
but are not limited to, those responsible for transportation planning, land use planning,
transportation operations, public works and construction, engineering, public
transportation, environmental conservation and planning, bicycle and pedestrian
planning, and economic development. Initially, the membership shall include, but not
be limited to, the following:
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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
1 representative
e.
Durham County
3 representatives
f.
Orange County
3 representatives
g.
Chatham County
1 representative
h.
The N.C. Department of Transportation
5 representatives
i.
Triangle J Council of Governments
1 representative
j.
Duke University
1 representative
k.
N.C. Central University
1 representative
I.
The University of North Carolina
1 representative
m.
The Raleigh- Durham Airport Authority
1 representative
n.
Triangle Transit
1 representative
o.
The Research Triangle Park Foundation
1 representative
p.
The N.C. Department of the Environment and
1 representative
Natural Resources
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
b. The Federal Transit Administration
c. The U.S. Army Corps of Engineers
d. The U.S. Environmental Protection Agency
e. The U.S. Fish and Wildlife Service
f. The N.C. Department of Cultural Resources
g. The N.C. Department of Commerce
h. The U.S. Department of Housing and Urban
Development
i. The N.C. Railroad Company
j. The N.C. Trucking Association
k. The N.C. Motorcoach Association
I. Regional Transportation Alliance
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
1 representative
The MPO Technical Committee shall meet when it is deemed appropriate and advisable.
On the basis of a majority vote, the MPO Technical Committee may appoint voting
members of the Committee to act as Chair and Vice -Chair with the responsibility for
coordination of the Committee's activities.
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11. The Durham City Council, Chapel Hill Town Council, Carrboro Board of Aldermen,
Hillsborough Board of Commissioners, Durham County Board of Commissioners, Orange
County Board of Commissioners, and Chatham County Board of Commissioners shall
serve as the primary means for citizen input to the continuing transportation planning
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 MPO Board may also receive public input or hold public hearings as may also be
required by federal or state law.
Section II
It is further agreed that the subscribing agencies will have the following responsibilities, these
responsibilities being those most logically assumed by the several agencies:
The Municipalities and the Counties
The municipalities and the counties will assist in the transportation planning process by
providing planning assistance, data, and inventories in accordance with the Prospectus.
The municipalities and the counties shall coordinate zoning and subdivision approval
within their respective jurisdictions in accordance with the adopted Metropolitan
Transportation Plan and the Comprehensive Transportation Plan.
Additionally, the City of Durham will serve as the Lead Planning Agency for the
transportation planning process in the Planning Area.
The municipalities and the counties will participate in funding the portion of the costs of
the MPO's work program not covered by federal or state funding as reflected in the
annual Planning Work Program approved by the MPO Board. The portion to be paid by
each municipal and county member government will be based upon its pro rata share of
population within the MPO Planning Area, utilizing the most recent certified North
Carolina Office of State Planning municipal and county population estimates. In
addition, MPO members may also voluntarily contribute additional funds for other
purposes such as to participate in funding the costs of special studies, or other
specialized services as mutually agreed upon.
Funding provided by member agencies will be used to provide the required local 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.
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Failure by member governments to pay the approved share of costs may also result in
the withholding of MPO services and funding.
The municipalities and the counties receiving federal transportation funding designated
for the Durham Urbanized Area as approved by the MPO Board through the Unified
Planning Work Program shall comply with adopted reporting and oversight procedures.
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.C.G.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.
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
may also voluntarily contribute additional funds for other purposes such as to
participate in funding the costs of special studies, or other specialized services as
mutually agreed upon. Triangle Transit shall comply with adopted reporting and
oversight procedures for the receipt of federal transportation funding designated for
the Durham Urbanized Area as approved by the MPO Board through the Unified
Planning Work Program.
E- Verify Compliance for All Parties to this Agreement
Each of the parties covenants that if it enters into any subcontracts in order to perform
any of its obligations under this contract, it shall require that the contractors and their
subcontractors comply with the requirements of NC Gen. 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 NC Gen. Stat.
Chapters 153A and 160A.
Section III
Parties to 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
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population within the Metropolitan Planning Area is represented by the remaining members.
For the purpose of determining 75% representation, the populations within incorporated areas
are represented by the respective municipal governments and the populations within the
unincorporated areas are represented by the respective county governments.
Section IV
In witness whereof, the parties of this Memorandum of Understanding have been authorized
by appropriate and proper resolutions to sign the same, the City of Durham by its Mayor, 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, 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,
this the day of ,
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14
15
13
(Seal)
Town of Carrboro
By
✓ Clerk Mayor
14
ir.,
(Seal)
Clerk
Town of Hillsborough
By_
Mayor
15
17
(Seal)
Clerk
e......a,.-
JrA
County of Durham
By
JChair
16
i Rl
"WIMM52
19
(Seal) County of Orange
By
Clerk r
17
ME
'Cl'erk V
County of Chatham
By
Uj(,C Chair
UU.
of
(Seal)
Research Triangle Regional Public
Transportation Authority
d/b/a Triangle Transit
~ Clerk ir
By
21
(Seal) North Carolina Department of
Transportation
By
20
Secretary
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