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HomeMy WebLinkAboutAgenda - 01-15-2008-4sORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 15, 2008 Action Agenda Item No. 9- -S SUBJECT: Triangle Rural Planning Organization (TARPO) Memorandum of Understanding DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) ~~ ATTACHMENT(S): INFORMATION CONTACT: Amended TARPO MOU Craig Benedict, 245-2592 RTAC By-Laws Amended June 15, 2006 Karen Lincoln, 245-2594 TARPO MOU Adopted August 28, 2002 PURPOSE: To consider approving the amended Memorandum of Understanding for Cooperative, Comprehensive and Continuing Transportation Planning and the Establishment of a Rural Planning Organization for jurisdictions in the Triangle Region. BACKGROUND: The North Carolina Department of Transportation (NCDOT) Transportation Planning Branch has directed that all of the rural planning organizations amend their respective Memoranda of Understanding (MOU) to incorporate specific necessary changes and provisions. The attached copy of the amended TARPO MOU shows in underscored text all of the changes and provisions required by the NCDOT to the original MOU executed on August 28, 2002. Many of the amendments simply reflect language of amendments that NCDOT directed be made to the by-laws for the Rural Transportation Advisory Committee (RTAC) and Rural Technical Coordinating Committee (RTCC). Those by-laws were amended by the RTAC on June 15, 2006. Please refer to Attachment 2 to review RTAC By-Laws, pages 9-14. Other major changes address the problem many Regional Planning Organizations (RPOs) have experienced with getting a quorum at meetings and provide greater assurance that the RPO will comply with the NC Open Meetings and Open Records Laws (General Statutes 143-318.9 through 143-318.18 and 132-1 through 132-10). Major changes to the original MOU (Attachment 3) that are of interest to the County are: 1. Section 1 foaae 3) drops RPO responsibilities 5. Conduct transportation-.related studies and surveys: and 6. Undertake mutually agreed upon transportation-related. tasks to enhance transportation system development, coordination and efficiency, page 16 (TARPO MOU Adopted August 28, 2002). 2. Section 3.2 (page 4) provides for an alternate voting member for all RTAC members, providing they meet the same criteria as the original appointee. 3. Section 3.4 (page 5) states that the membership of jurisdictions that fail to send the RTAC member or alternate to two consecutive meetings will be designated as a vacant seat and will not count towards a quorum and that attendance at future meetings will reinstate the member. 2 4. Section 3.5 (page 5) defines a guorum as 51 % of the members of the RTAC. 5. Section 4.2.A (page 6) adds designated staff, Assistant County Manager and Clerk to valid technical representatives to be appointed to the RTCC. 6. Section 4.2.E (page 6~ adds the Executive Director of the Triangle J Council of Governments, or his designated representative. 7. Section 4.3 (page 6) provides for an alternate voting member for all RTCC members, providing they meet the same criteria as the original appointee; and states that the membership of jurisdictions that fail to send the member or alternate to two consecutive meetings will be designated as a vacant seat and will not count towards a quorum and that attendance at future meetings will reinstate the member. 8. Section 4.4 (page 6 - 7~ defines a quorum as 51 % of the members of the RTCC. TARPO staff posted notice of the proposed amendments for a public review period from October 4 -October 17 in the News of Orange and at the Orange County Planning Department, and made available copies of the amendments and comment sheets at the Planning Department. The Rural Transportation Advisory Committee (RTAC) will consider adopting the amended MOU at its meeting February 21, 2008. When adopted, the TARPO staff will send in a consecutive order to each member jurisdiction County Manager a packet of seven (7) original copies to be signed by the Chair of the County Commissioners and sealed by the Clerk. The Clerk will return the signed originals to Triangle J Council of Governments. When all County Commission Chairs have signed the MOU, the TARPO staff will forward to NCDOT. Upon execution by the North Carolina Secretary of Transportation, one original copy of the amended MOU will be returned through the Triangle J Council of Governments to each member county. FINANCIAL IMPACT: Orange County, as a member of the TARPO, has an annual obligation of 1/4th of the local 20% match for funding lead planning agency staff and there is also obligation of staff resources. For FY 2007-2008, Orange County's RPO funding obligation is $2,500. RECOMMENDATION(S): The Manager recommends that the Board approve the Amended Memorandum of Understanding. 3 AMENDED MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE, COMPREHENSIVE AND CONTINUING TRANSPORTATION PLANNING AND THE ESTABLISHMENT OF A RURAL PLANNING ORGANIZATION FOR The County of Chatham and the participating municipalities therein; the County of Lee and the participatin muncipalities therein• the County of Moore and the participating municipalities therein; the County of Oran~e• .and the North Carolina Department of Transportation (NCDOT~(hereinafter collectively, "the Parties"). WITNESSETH Whereas, on August 28 2002 the Parties entered into a Memorandum of TJnderstandiri wluch created the Triangle Area Rural Plamiing Organization (hereinafter, "RPO"); and, Whereas, the RPO provides rural areas the opportunity to work in partnership with the NCDOT toward development of sound short and long ran e transportation pla~znin~ for rural areas; and, Whereas, the Parties have. agreed to amend the original Memorandum of Understanding. Now therefore the following Amended Memorandum of Understanding is made on this the 1 lth day of December, 2007. Section 1. It is hereby agreed, that the County of Chathaan and the participating mulucipalities therein; the County of Moore and the participating municipalities therein; the County of Lee and the participating mulucipalities therein; the County of Orange; and the NCDOT intend to establish and participate in a RPO created for the general purposes and responsibilities outlined in the following: Develop long-range local and regional multi-modal transportation plans in cooperation with the area Metropolitan Planning Organizations (MPOs) and the NCDOT. 2. Provide a forum for public participation in the rural transportation planning process. 3. Develop and prioritize suggestions for transportation projects that the RPO believes should, be included in the State Transportation Improvement Program (STIl'). 4. Provide transportation-related information to local governments and other interested organizations and persons. Section 2. It is hereby further agreed that transportation plans and programs and land use policies and programs for the RPO will be coordinated by the Triangle J Council of Governments, an agency selected on behalf of participating local governments and the NCDOT, to be the administrative entity and to 4 serve as the lead local plaa~ning agency for coordinating transportation planning in the four comity planning area. The RPO hereby authorizes the Triangle J Council of Governments to be the recipient of any funds appropriated to the RPO by NCDOT pursuant to North Carolina General Statute 136-213(c). Section 3. Establishment of Rural Transportation Advisory Committee (RTAC). A RTAC is hereby established with the responsibility for serving as a forum for cooperative transportation planning decision mal~ing for the RPO. The TAC shall have the responsibility for keeping the local elected governing boards informed of the status and requirements of the transportation planning process; to assist in the dissemination and clarification of the decisions, inclinations, and policies of the local elected governing boards and the NCDOT; and to help ensure meaningful public participation in the Waal transportation planning process. 1. The RTAC will be responsible for carrying out the following: A. Establishment of goals, priorities, and objectives for the rural transportation planning process. B. Endorsement and review of changes to adopted transportation plans within the RPO. C. Endorsement, review, and approval of a Plaa~ning Worlc Program (PWP) for transportation planning which defines work tasks and responsibilities for the various agencies participating in the RPO. D. Endorsement, review, and approval of transportation improvement projects that support and enhance both regional and local transportation in the four county RPO 2. The membership of the RTAC shall consist of the following: A. One Commissioner renresentin~ the County of Chatham Board: an alternate votin member maybe desi ang ted by the Chatham County Board. Membership shall also include one municipal elected official representing the muunicipalities within Chatham County that, by affirmative vote of their overning boards, have elected to become members of the Triangle Area RPO. The Mayors of the municipalities within Chatham County that are members of the Triangle Area RPO or their local ovenung board designees, shall meet 'oLintly with the Chatham County Board member to determine the elected official to represent the Chatham Coun _ municipalities on the Triangle Area RTAC. A maiority vote of the Mayors or their designees shall determine the municipal representative. An alternate voting member may also be determined in a similar manner for the muunicipal representative.. These voting members and their respective alternates shall be identified by mane in the TARPO RTAC membership roster. B. One Commissioner renresentin~ the County of Lee Board: an alternate votin member maybe desi any the Lee County Board. Membership shall also include one municipal elected official representing the municipalities within Lee County that, b~affirmative vote of their overnin~ boards, have elected to become members of the Triangle Area RPO. The Mayors of the municipalities within Lee County that are members of the Triangle Area RPO or their local governing board designees, shall meet jointly with the Lee County Board member to determine the elected official to represent the Lee County municipalities on the Triangle Area RTAC. A majority vote of the Manors or their designees shall determine the municipal representative. An alternate voting member may also be determined in a similar manner for the municipal representative. These voting members and their respective alternates shall be identified by name in the TARPO RTAC membership roster. C. One Commissioner representing the County of Moore Board; one alternate votin member maybe designated by the Moore County Board. Membership shall also include one municipal elected official representing the municipalities within Moore County that by affirmative vote of their ovg ermng boards, have elected to become members of the Triangle Area RPO. The Mayors of the municipalities within Moore County that are members of the Triangle Area RPO or their local ovg ernin bg oard desi~,nees shall meet jointly with the Moore County Board member to determine the elected official to represent the Moore Coun municipalities on the Trian lg e Area RTAC. A majority vote of the Mayors or their desi~,nees shall. determine the municipal representative. An alternate voting member may also be determined in a similar manner for the municipal representative. These voting members and their respective alternates shall be identified by name in the TARPO RTAC membership roster. . D. One Commissioner representing the Count~of Orange Board; one alternate voting member maybe designated by the Orange County Board. The voting member and the alternate voting member shall be identified byname in the TARPO RTAC membership roster. E. One member from the North Carolina Board of Transportation representing Division 8. 3. The Commissioner representing each county on the RTAC shall be elected every two years by the Board of County Commissioners of each County in regular session. The municipal representatives on the RTAC shall also be elected every two years. All teens of appointment to the RTAC shall be for two years. Reappointment is possible. The alternate voting members shall meet the same criteria as the original appointees. 4. An RPO RTAC membership roster will be compiled, and updated at least annually, listin each attendee and alternate, if applicable, for each member county or municipality. The membership of a county or a municipal voting representative who fails to send the ap op intee or alternate to two consecutive RPO meetings will be designated as a vacant seat and will not count towards quorum. Attendance at future meetings will reinstate the member. 5. A quorum is required for the. transaction of all business, including conducting meetings or hearings participating in deliberations, or voting upon or otherwise transacting the public business. A quorum consists of 51 % of the members of the RTAC, plus as many additional members as may be required to ensure that 51% of possible votes are present. The RTAC will meet as often as it is deemed necessary, appropriate and advisable. On the basis of majority vote of its membership, the RTAC may elect a member of the committee to act as chairperson with the responsibility for coordination of the committee's activities. 6 6. The Executive Director of the Triangle J Council of Governments will provide staff to the RTAC. Section 4. Establishment of Rural Technical Coordinating Committee (RTCC). A RTCC shall be established with the responsibility of general review, guidance, and coordination of the transportation planning process for the RPO and the responsibility for malting recommendations to the respective local, state, and federal governmental agencies and the RTAC regarding any necessary actions relating to the continuing transportation process. The RTCC shall be responsible for development, review, and recommendation for approval of the PWP for the RPO, the State Transportation Improvement Program (ST1P) requests, and revisions to the STIP. 2. Membership of the RTCC shall include technical representatives from all local and state goveniunental agencies directly related to and concerned with the transportation planning process for the RPO planning area. Initially, the membership shall include, but may not be limited to, the following: A. The Manager, Assistant Manager, Planning Director, or Clerlt from each of the four counties of the RPO planning area, or his/her designated staff representative. B. The Chief Administrative Official, City Planning Director, or City Clerlt from each member municipality in the RPO planning area, or his/her designated staff representative. C. The Division Engineer serving Highway Division 7, NCDOT, or his/her designated staff representative, and the Division Engineer serving Highway Division 8, NCDOT, or his/her designated representative. D. Manager, Transportation Planning Branch, NCDOT, or his/her designated staff representative. E. The Executive Director of the Triangle J Council of Governments, or his designated representative. 3. Membership of the RTCC maybe altered on the basis of a majority vote of its membership and approval of the RTAC of the RPO. An_alternate maybe designated for each member providing they meet the same criteria as the original appointee. Membership .maybe further defined in the duly adopted bylaws. An RPO RTCC membership roster will be compiled, and updated at least annually, listing each attendee and alternate, if applicable, for each member county or municipality. The membership of a county or municipality member who fails to send the appointee or alternate to two consecutive RPO meetings will be designated as a vacant seat and will riot count towards quorum. Attendance at future meetin swill reinstate the member. 4. A quorum is required for the transaction of all business, including conducting meetin s or hearings, participating in deliberations, or voting upon or otherwise transacting the public 7 business. A quorum consists of 51% of the members of the RTCC, plus as many additional members as regnired to ensure that 51% of possible votes are present. The RTCC shall meet when it is deemed necessar r~appropriate and advisable. The RTCC will be staffed by the Triangle J Council of Governments Executive Director or his/her designated staff representative. The RTCC shall by majority vote of the membership elect one member to serve as a Chairman with the responsibility for coordinating the committee's activities. Membership of the RTCC maybe altered on the basis of a majority vote of its membership and approval of the RTAC of the RPO. Section 5. It is further agreed that all participating agencies will assist in the rural transportation planning process by providing planning assistance (where possible), data, and inventories in accordance with the approved PWP. Section 6. Each county and its RPO member jurisdictions shall have the support of the RPO staff in developing local transportation projects and priorities. Each member agrees to coordinate its transportation plans with those of other RPO members. Additionally consensus, the RPO may identify~roiects of a regional nature for development and presentation to NCDOT for consideration. Section 7. Parties to this Memorandum of Understanding may terminate their participation in the continuing transportation planning process by giving 90 days written notice to the other parties to the date of termination. Section 8. Municipalities desiring to join the RPO followin tg he si ng_ing of this Memorandum of Understanding must do so no later than 90 days after the date given below in Section 10, by submitting a fully executed Municipal Statement of Adoption. Any municipality desiring to join the RPO after the initia190-damperiod must notify the lead planning agency and the other members of the RPO in writing of its intent to join, and provide each with a copy of a fully executed Muncipal Statement of Adoption. New memberships will become effective on Jul~lst of each year. Section 9. This Amended Memorandum of Understanding supersedes and replaces ally prior memorandum(s) of understanding between the Parties regarding the RPO. Section 10. In witizess whereof, the Parties have been authorized by appropriate and proper resolutions, and/or legislative authority to sign this Amended Memorandum of Understanding, this the 11th day of, December 2007. 8 BY: COUNTY OF Chatham Chairman COUNTY OF Lee Chairman COUNTY OF Moore Chairmanl COUNTY OF Orange Chairman TRIANGLE COUNCIL OF GOVERZ~MENTS Chairman NCDOT Secretary Clerk to the Board Clerk to the Board Clerk to the Board Clerk to the Boaa-d Executive Director Approved as execution Assistant Attorney General 9 Triangle Area Rural Transportation Planning Organization (RPO) Rural Transportation Advisory Committee (RTAC) By-Laws ARTICLE I-NAME The name of this committee shall be the Triangle Area Rural Transportation Plaauung Advisory Committee (RTAC), hereinafter referred to as the RTAC. ARTICLE II-PURPOSE The purpose and goals of this committee shall be to: • review and approve the Triangle Area RPO Prospectus. • review and approve the Triangle Area RPO Plarnung Worlc Program (PWP), which defines work tasks and responsibilities for the various agencies participating in the Triangle Area RPO. • establish goals, priorities, and objectives for the rural transportation planning process in the Triangle Area RPO service area. • coordinate work efforts with the Triangle Area RPO Rural Transportation Coordinating Committee (RTCC) in meeting the transportation and economic development needs of Chatham, Lee, Moore and Orange Counties. • make recommendations to the respective local, state, and federal governmental agencies regarding any necessary actions relating to the continuing transportation planning process. • review aizd recommend transportation improvement projects, which support and enhance inter-county and infra-county transportation serving the Triangle Area RPO service .area. • develop and prioritize transportation projects, which the Triangle Area RPO recommends for inclusion in the State Transportation Improvement Program (TIP). • develop and amend as necessary the Triangle Area RPO Long-Range Transportation Plan. • review and recommend to the North Carolina Department of Transportation (NC-DOT) changes to Transportation Plans for the units of government of the Triangle Area RPO. • provide a forum for public participation in the rural transpolation planning process. • coordinate with adjacent MPOs and RPOs and with the appropriate NCDOT Divisions. ~o ARTICLE III-MEMBERS Section 1-Membership: As specified in the Triangle Area RPO Memorandum of Understanding (MOU) between the Triangle Area RPO and North Carolina Department of Transportation (NC-DOT), the RTAC shall consist of officials from local and state governmental agencies directly related to and concerned with the transportation planning process for the planning area, which includes Lee County, Moore County and the parts of Chatham and Orange Counties that are not in the Durham-Chapel Hill- Carrboro MPO area, as well as the incorporated municipalities within each County that are in the service area. The initial voting membership shall include the following members: One County Commissioner representing Chatham County. An alternate voting member may be designated from the Commissioner's Board. One municipal elected official representing the municipalities within Chatham County that, by affirmative vote of their governing boards, have elected to become members of the Triangle Area RPO, unless there are no municipalities included in the county's RPO planning area. The Mayors of the municipalities within Chatham County that are members of the Triangle Area RPO, shall meet jointly to determine the elected official to represent the Chatham County municipalities on the Triangle Area Rural Transportation Advisory Committee. A majority vote of the Mayors shall determine the municipal representative. An alternate voting member may also be designated for the municipal representative. These voting members and their respective alternates shall be identified byname in the TARPO RTAC membership roster. One County Commissioner representing Lee County. An alternate voting member maybe designated from the Commissioner's Board. One municipal elected official representing the municipalities within Lee County that, by affirmative vote of their governing boards, have elected to become members of the Triangle Area RPO, unless there are no municipalities included in the county's RPO planning area. The Mayors of the muncipalities within Lee County that are members of the Triangle Area RPO, shall meet jointly to determine the elected official to represent the Lee County municipalities on the Triangle Area Rural Transportation Advisory Committee. A majority vote of the Mayors shall determine the municipal representative. An alternate voting member may also be designated for the municipal representative. These voting members and their respective alternates shall be identified by name in the TARPO RTAC membership roster. One County Commissioner representing Moore County. An alternate voting member maybe designated from the Commissioner's Board. One municipal elected official representing the municipalities within Moore County that, by affirmative vote of their governing boards, have elected to become members of the Triangle Area RPO, unless there are no municipalities included in the county's RPO planning area. The Mayors of the municipalities within Moore County that are members of the Triangle Area RPO, shall meet jointly to determine the elected official to represent the Moore County municipalities on the Triangle Area Rural Transportation Advisory Committee. A majority vote of the Mayors shall determine the municipal representative. An alternate voting member may also be designated for the municipal representative. These voting members and their respective alternates shall be identified byname in the TARPO RTAC membership roster. • One County Commissioner representing Orange County. An alternate voting member lnay 11 be designated from the Commissioner's Board. One municipal elected official representing the municipalities within Orange County that, by affirmative vote of their governing boards, have elected to become members of the Triangle Area RPO, unless there are no municipalities included in the county's RPO planning area. The Mayors of the municipalities within Orange County that are members of the Triangle Area RPO, shall meet jointly to determine the elected official to represent the Orange County municipalities on the Triangle Area Rural Transportation Advisory Committee. A majority vote of the Mayors shall determine the municipal representative.. An alternate voting member may also be designated for the municipal representative. These voting members and their respective alternates shall be identified by name in the TARPO RTAC membership roster_ One North Carolina Board of Transportation member representing the Triangle Area RPO service area. An alternate voting member may also be designated from the North Carolina Board of Transportation. These persons shall be identified byname in the TARPO RTAC membership roster. Section 2-Term of Membership: Tenn of office for all seats on the RTAC is two years. Re-appointment is possible. To facilitate staggered terms and thereby promote continuity, the initial appointments from Orange County acid Lee County to the RTAC shall be for one (1) year. All subsequent appointments shall be for two (2) years. ARTICLE IV-OFFICERS Section 1-Officers Defined: The officers of the RTAC shall consist of a Chair and aVice-Chair serving annual terms, but limited to two (2) consecutive terms. The Triangle J COG Transportation Planner, as staff to the Triangle Area RPO, shall act as Secretary to the RTAC. In the absence of a Transportation Planner assigned to the RPO, the Triangle J COG Planning Director shall act as Secretary to the RTAC. Section 2-Duties of Officers: 2.1 The Chair shall call meetings of the RTAC to order, and shall act as presiding officer of such meetings. The Chair shall see that all orders and action items, including amendments, are carried into effect. The Chair will: • Sign all official documents of the RTAC. • Preside at all meetings of the RTAC. • Decide all points of order or procedure. • Transmit all recommendations of the RTAC to NC-DOT. 12 • With, assistance from the Triangle J COG Transportation Planner, draft the meeting agendas and make said available to the RTAC members in a timely manner. 2.2 The Vice-Chair shall conduct the duties of the Chair in the event of the Chair's absence. 2.3 The administrative coordination for the RTAC shall be performed by the Triangle J COG Transportation Planner, as staff for the Triangle Area RPO. The Triangle Area RPO Transportation Planner shall: • Keep minutes of the RTAC meetings in proper form for the approval of the RTAC at its next regular meeting. • Send notices of regular meetings of the RTAC via mail or email, with a copy of the agenda, in accordance with Article V of these rules. • Give notice of special meetings called in accordance with North Carolina Open Meeting Laws. • Maintain all files, records, and correspondence of the RTAC. 2.4 Should neither the Chair nor Vice-Chair be able to preside at a meeting, the RTAC shall appoint a Chair Pro-Tem for that meeting or until such time as the Chair or Vice-Chair can resume their responsibilities: ARTICLE V-MEETINGS Section 1-Regular Meetings: The RTAC shall establish a regular meeting date and time and publish a schedule for each calendar year. Meeting notice and agenda are to be sent via mail or email no later than seven (7) days prior to a determined RTAC meeting date. Section 2-Special Meetings: Special meetings may be called by the Chair, or at the request of three (3) eligible voting members of the RTAC petitioning the Chair. Notice of special meetings shall be given in accordance with Open Meeting Laws of the North Carolina General Statues. Section 3-Workshops: The RTAC may choose to hold workshops from time to time. Notification of all workshops shall be sent via mail or email to RTAC members in the same manner as regular meetings of the RTAC. Section 4-Attendance: RTAC member are expected to attend each regular meeting and each special meeting of the RTAC. If a RTAC member is unable to attend a meeting, notice should be given by the member to be 13 absent, to the Triangle Area RPO Transportation Planner. RTAC members are allowed to designate an alternate to attend meetings in their absence, providing such alternate member meets the same membership requirements as the absent member. Should a member fail to attend, or make arrangements for an alternate to attend, five (5) or more meetings in any one (1) fiscal year period (July to June), the RTAC Chair shall contact said member to discuss consideration of a replacement member for that unit of government or organization. Section 5-Agenda: The agenda is a list of considerations for discussion at a meeting. Any member of the RTAC can place items on the agenda prior to its distribution, by notifying the. RTAC Chair and/or the Triangle Area RPO Transportation Planner. Additional items may be placed on the regular agenda at the beginning of the RTAC meeting on the date of the meeting, if approved by a majority vote of the present and eligible voting members. Section 6-Voting Procedures: A quorum is required for the transaction of all official business, including. conducting hearings, or for voting upon or otherwise transacting public business. A quorum consists of 51% of the members of the RTAC or their designated alternates to ensure that a majority of the possible votes are present. The Chair may call for a vote on any issue, provided that it is seconded and within the purposes set forth in Article II and provided the issue is on the agenda as outlined in Section 5 of this article. Each voting member of the RTAC shall have one (l) vote. A majority vote of the members (or their authorized alternates) present and eligible to vote shall be sufficient for approval of matters coming before the RTAC. The Chair is permitted to vote. In the event of a tie, where the Chair has already voted, the Chair cannot vote again to break the tie. In the event of a tie, the motion does not pass. Abstentions on issues requiring a vote is permitted, provided members desiring'to abstain, obtain approval by the RTAC for said abstention by a majority vote of the RTAC members present aizd provide reasons for the abstention as described by established procedures in the State of North Carolina. Any member present and not voting shall be recorded as a positive vote on the motion. Iu the absence of any direction from these By-Laws or other duly adopted voting procedures pursuant to certain approval actions, Robert's Rules of Order will designate procedures governing voting. ARTICLE VI-AMENDMENTS TO BY-LAWS Amendments to these By-Laws shall require the affirmative vote of a majority of the RTAC's eligible voting members, provided that written notice of the proposed amendment has been sent via mail or email seven (7) days prior to the meeting at which the amendment is to be considered and provided that such amendment does not conflict with the letter or fundamental intent of the Memorandum of Understanding (MOU) for the Triangle Area RPO, which is the governing document for these By-Laws. In the event of any conflict, the MOU shall carry precedence over these By-Laws. 14 The Triangle Area RPO Rural Transportation Advisory Committee (RTAC) approved these By- laws on the 15t~' day of June, 2006. Mike Cross Chair Triangle Area RPO RTAC ATTEST: Pat Strong Secretary Triangle Area RPO RTAC 15 MEMORAl~TDUM OF UNDERSTANDING FOR COOPERATIVE, COMPREFIENSIVE AND CONTINUING TRANSPORTATION PLANNING AND THE ESTABLISHMENT OF A RURAL TRANSPORTATION PLANNING ORGANIZATION FOR The Counties of Chatham, Lee, Moore, and Orange and the participating municipalities contained therein and the North Carolina Department of Transportation. WITNESSETH Whereas, section 135 of Title 23, United States Code, declares that it is in the national interest to encourage and promote the development of hansportation systems embracing various modes of transportation in a manner that will serve all areas of the State efficiently and effectively; and Whereas, North Carolina General Statute 136-18 was amended by the North Carolina General Assembly by ratification of Senate Bill 1195 on July 6, 2000, and this same bill was signed by the Governor on July 14, 2000, and subsequently Chaptered, and which Chaptered statute provides for the establishment of Rural Transportation Planning Organizations (RPOs), similar in concept to Metropolitan Planning Organizations (MPOs) for transportation planning in North Carolina's urban areas; and Whereas, the establishment of a Rural Transportation Planning Organization (RPO), similar in concept to the Urban Metropolitan Transportation Planning Organizations (MPOs), would provide rural areas the opportunity to work in partnership with the North Carolina Department of Transportation toward development of sound, short and long-range transportation planning for rural areas; and Whereas, the establishment of a Rural Transportation Planning Organization for the Research Triangle Rural Transportation planning area would assist the North Carolina Department of Transportation in complying with the provisions of the Transportation Equity Act for the 21St Century (TEA 21), enacted June 9, 1998, relative to the participation of local officials and the public in the transportation planning process; and Whereas, It is the desire of these local governments and agencies to establish a Continuing, Comprehensive, Cooperative Transportation Planning Process with the establishment of a Rural Transportation Planning Organization for the Research Triangle Rural Transportation Planning Area; Now, therefore, the following memorandum of understanding is made. Section 1. Establishment of Rural Transportation Planning Organization. It is hereby agreed, that the Counties of Chatham, Lee, Moore, and Orange and the participating municipalities contained therein, and the North Carolina Department of Transportation intend to establish and participate in a Rural Transportation Planning Organization created for the general purposes and responsibilities outlined in the following: 1. Develop long-range local and regional multimodal transportation plans in cooperation with the North Carolina Department of Transportation. 2. Provide a forum for public participation in the transportation planning process. 3. Develop and prioritize suggestions for transportation projects the Rural Transportation Planning Organization believes should be included in the State's Transportation Improvement Program. 4. Provide transportation-related information to local governments and other interested organizations and persons. .J lE~.,.tC'. th b? I`;;!,'.TY t,) -X15).. t) ~~ 1` ) .h•;10 i. .;t E. `~1.r:•h,,: $( ... ;i~:J~~vn~~'-~:.il _ i4 ,I ~. .: ,il:: ~{. =S ~ "iii t d7 ,~;ti. <Il': 16 5. Conduct transportation-related studies and surveys and provide transportation-related information to local governments and other interested organizations and persons. 6. Undertake mutually agreed upon transportation-related tasks to enhance transportation system development, coordination and efficiency. Section. 2. Administration and Funding. It is hereby further agreed that transportation plans and programs and land use policies and programs for the Rural Transportation Planning Organization will be coordinated by the Triangle J Council of Governments, an agency selected on behalf of participating local governments and the North Carolina Department of Transportation to be the administrative entity and seine as the lead planning agency for coordinating transportation planning in the Research Triangle Rural Transportation Planning Area. It is hereby further agreed that the participating local governments shall provide the local matching funds necessary to obtain state funding for the Rural Transportation Planning Organization. The RPO hereby authorizes the Triangle J Council of Governments to be the recipient of any funds appropriated to the RPO by the North Carolina Department of Transportation pursuant to North Carolina General Statute 136-213(c). Section 3. Establishment of Rural Transportation Advisory Committee (RTAC). A Rural Transportation Advisory Committee (RTAC) is hereby established with the responsibility for serving as a forum for cooperative transportation planning decision making for the Rural Transportation Planning Organization (RPO). The Rural Transportation Advisory Committee (RTAC) shall have the responsibility for l~eeping 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 helping to ensure meaningful public participation in the transportation planning process. 1. The Rural Transportation Advisory Committee will be responsible for carrying out the following: A. Establishment of goals and objectives for the transportation planning process. B. Review and recommend changes to adopted Transportation Plans for the Rural Transportation Planning Organization. C. Review and recommend a work program for Transportation Planning which defines work tasks and responsibilities for the various agencies participating in the Rural Transportation Planning Organization. D. Review and recommend Transportation Improvement Projects which support and enhance transportation within the Research Triangle Rural Transportation Planning Area. 2. The membership of the Rural Transportation Advisory Committee shall consist of the following: A. One County Commissioner representing each County. B. One municipal elected official representing the municipal interests in each County, unless there are no municipalities included in a county's RPO planning area. C. One member of the Triangle J Council of Governments Executive Board (ex-officio). D. A member of the North Carolina Board of Transportation representing the Department of Transportation. 3. The County Commissioner representing each county shall be elected by the Board of County Commissioners of each county in regular session. The elected municipal representative shall be selected by balloting of municipal elected officials within the RPO planning area in each county (one vote for each town) every two years. A simple majority vote wins the seat. The term of office for all seats on the RTAC is two years. Re-appointment is possible. ~.; , ,. -, ...,~,P.k'!. 1~.,.... ~:.7` C;.~ ~. ., J.._V ~ f'.) C1.. s!? ~f. \1''.,.l .~. ~:;t? .i. S'~;:dt't,,t~`, :: C; j '~ J.'!it.t .i`:3 1 f .i~l ~tT ~Bi ,~.. 17 4. The Rural Transportation Advisory Committee (RTAC) will meet as often as it is deemed appropriate and advisable. On the basis ofmajority vote of its membership, the Rural Transportation Advisory Committee shall appoint a member of the committee to act as chairperson with the responsibility for coordination of the committee's activities and another member to act as vice-chairperson to assume this responsibility in the chairperson's absence. A member of the staff of the Triangle J Council of Govei7nnents will serve as secretary to the committee. Section 4. Establishment of Technical Coordinating Committee (TCC). A Technical Coordinating Committee shall be established with the responsibility of general review, guidance and coordination of the transportation planning process for the Rural Transportation Planning Organization (RPO) and the responsibility for making recommendations to the respective local, state, and federal governmental agencies and the Rural Transportation Advisory Committee regarding any necessary actions relating to the continuing transportation planning process. 1. The TCC shall be responsible for development, review and recommendation for approval of the Transportation Planning Work Program for the RPO, the Transportation Improvement Plan, and revisions to the Transportation Plan for the RPO. 2. Membership of the Technical Coordinating Committee shall include technical representatives from all local and state governmental agencies directly related to and concerned with the transportation planning process for the RPO Planning Area. Initially, the membership shall include, but may not be limited to, the following: A. County Manager and County Planner (if designated) from each of the counties in the RPO Planning Areas. B. The Chief Administrative Official or Planner (as designated) from each municipality of 1,000 population or more in the RPO Planning Area. C. The staff member designated as the RPO coordinator for the Triangle J Council of Governments. D. The Division Engineers, or designated representatives, for Highway Divisions 7 and 8 of the North Carolina Department of Transportation. E. Manager, Statewide Planning Branch, Planning and Environment, North Carolina Department of Transportation, or designated representative. F. Area Traffic Engineer, Division of Highways, Traffic Engineering Branch, North Carolina Department of Transportation. 3. 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 shall appoint a member of the committee to act as Chairperson with the responsibility for coordinating the committee's activities. Membership of the Technical Coordinating Committee maybe revised on the basis of a majority vote of its membership and approval of the Rural Transportation Advisory Committee of the RPO. Section 5. Other Assistance. It is further agreed that the participating agencies will assist in the transportation planning process by providing planning assistance, data and inventories in accordance with the approved work program of the RPO. Section 6. Withdrawal. Any party to this Memorandum of Understanding may withdraw its participation in the continuing transportation planning process by giving 90 days written notice to the other parties prior to the date of withdrawal. ~:`C.;~ F, ~•;~~;:,~. t'i;3;-~_r., 13~:~':(~7 .) - J;C}!> v ~i'`,C~l. ~'~: 7~14i; .(st~?(`C" .~;.a~:ia~';.i:a~ I ~' I~~;9?':'O~~I~,n:a f2F`) ~1ff31 ~ ;r t, a~ -;:uc 18 Section 7. Authorization. In witness whereof, the parties of this Memorandum of Understanding have been authorized by appropriate and proper resolutions, and/or legislative authority to sign this Memorandum. of Understanding, this the 28th day of August, 2002. Cleric Chatham County By: Chairman Cleric Clerk Lee County By: Chairman Moore County By: Chairman Clerk Orange County By: Chairman Cleric North Carolina Department of Transportation By: Secretary Clerk North Carolina Department of Transportation Approved as to form By: Assistant Attorney General Triangle J Council of Governments By: Chairman S:'.f::~;rnrirear~es;e T`I;utniti'W ')4:-`:l:1}'.,i'} .. :.C)t?r~e~•:c:~r:;~~::.~~~n~: rsi~s::~::~~:.~;t~:«.~:,< ~~:r:uir~o.r~~,L~ }at~t~ :a-~r~~.~ :~;;,~: c>rtEnT~.,iE:,: