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HomeMy WebLinkAboutAgenda - 12-06-2004-5nORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 6, 2004 Action Agenda Item No. 5 -n SUBJECT: Resolution Authorizing the Towns of Chapel Hill and Carrboro to Assume Maintenance Responsibilities Respectively for Proposed Sidewalks on Homestead Road and Rogers Road DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Resolution Authorizing Chapel Hill and Carrboro to Assume Maintenance Responsibilities for Homestead Rd, and Rogers Rd, Sidewalks 2, Map of Area Showing Proposed Improvements 3. Letter from Steven Stewart. Town of Carrboro INFORMATION CONTACT: Karen Lincoln Ext. 2594 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hitl 968-4501 4, Letter from Kevin Foy, Town of Chapel Hill Durham 688-7331 5. Facsimile from Geoffrey Gledhill Mebane (336)227-2031 6, Notification of Attorney General's Interpretation (To be provided under separate cover) PURPOSE: To consider a resolution approving requests from the Towns of Carrboro and Chapel Hill respectively to assume maintenance responsibilities for proposed sidewalks on Homestead and Rogers Roads, BACKGROUND: The Town of Carrboro and the Town of Chapel Hill have requested Orange County to authorize those towns to assume maintenance responsibilities for proposed sidewalks to be constructed on the west (north) side of Homestead Road from the vicinity of the High School Road intersection to Rogers Road and on Rogers Road from Homestead Road to the existing sidewalk at Glenbrooke subdivision, (Please refer to attachments 3 and 4,) The majority of the Homestead Road sidewalk and the Rogers Road Sidewalk will be outside municipal limits in respectively Carrboro's Joint Planning Transition Area and Chapel Hill's Joint Planning Transition Area. Provision of the sidewalks is a priority of the Homestead and High School Roads Safety Task Force, a joint jurisdictional citizens' committee endorsed by Orange County and the Town of Chapel Hill at the October 13, 2003 Joint Planning Area Public Hearing, At the hearing, Students on Sidewalks requested local governments to establish such group to craft a funded solution for installing sidewalks from the neighborhoods north of Homestead Road to Chapel Hill High School and providing safe crossing of Homestead Road, The Homestead and High School Roads Safety Task Force concluded that, with currently planned improvements, an additional section of sidewalk along Homestead Road from the vicinity of the High School Road intersection to Rogers Road (approximately 1,500 ft,) and a short section of sidewalk on Rogers Road from Homestead Road to existing sidewalk at Glenbrooke subdivision 2 (approximately 200 ft.) would complete a safe pedestrian access from the surrounding neighborhoods to High School Road, and charged local jurisdictions to pursue any available funding to provide the sidewalks. North Carolina Department of Transportation (NCDOT), at the June 22"d meeting of the task force, reported that the North Carolina Moving Ahead! program will provide fl~nds to construct the sidewalks. The NC Moving Ahead! program does not require a local match. However, NCDOT must have a municipal agreement with some entity to accept maintenance and liabilities of the sidewalk before it can move ahead with construction. North Carolina General Statutes do not authorize counties to construct, maintain or be otherwise responsible for public roads or sidewalks, The General Statutes authorize cities and towns to construct, maintain and be responsible for public streets and sidewalks within their corporate limits; a local Act by the North Carolina General Assembly can grant cities and towns authority to maintain sidewalks outside their corporate limits but within their extraterritorial planning jurisdiction, Attorneys for Orange County, Chapel Hill and Carrboro have determined that local legislation obtained in 1986 authorizing Chapel Hill and Carrboro to establish impact fees also authorizes those towns, with the approval of the Orange County Board of Commissioners, to construct capital improvements, including sidewalks, outside the towns' limits but within an "extraterritorial planning area, as established by local act." (i.e, joint transition areas). (Please refer to attachment 5,) The Attorney General's office concurs that, with the approval of the Orange County Board of Commissioners, the Town of Carrboro and the Town of Chapel Hill may execute municipal agreements with the North Carolina Department of Transportation to accept maintenance responsibilities for the sidewalks. (Please refer to attachment 6,) FINANCIAL IMPACT: There is no financial impact associated with this item, RECOMMENDATION(S): The Administration recommends that the board adopt the resolution approving the requests from the Towns of Carrboro and Chapel Hill to assume maintenance responsibilities for the proposed sidewalks on Homestead and Rogers Roads. ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION AUTHORIZING THE TOWNS OF CHAPEL HILL AND CARRBORO TO ASSUME MAINTENANCE RESPONSIBILITIES RESPECTIVELY FOR PROPOSED SIDEWALKS ON HOMESTEAD ROAD AND ROGERS ROAD WHEREAS, the Town of Carrboro has expressed its willingness to maintain the proposed sidewalk on Homestead Road and has requested that the Orange County Board of Commissioners authorize the town to assume maintenance responsibilities far the sidewalk, which is located in Carrboro's planning jurisdiction; and WHEREAS, the Town of Chapel Hill has adopted a resolution requesting that the Orange County Board of Commissioners authorize the town to assume responsibility for two small sections of sidewalk on Homestead Road and Rogers Road, which are located within Chapel Hill's planning jurisdiction; and WHEREAS, Students On Sidewalks, a citizens' group, has submitted a petition requesting sidewalks and safe crossing access on Homestead Road so that students may safely walk from neighborhoods north of Homestead Road to Chapel Hill High School; and WHEREAS, the North Carolina Department of Transportation's North Carolina Moving Ahead! program requires no local matching funds, and proposes to make improvements along Flomestead Road including, but not limited to, installing sidewalks from the vicinity of the High Schaal Road intersection to Rogers Road and on Rogers Road from Homestead Road to existing sidewalk in the Glenbrooke subdivision; and WHEREAS, pursuant to Chapter 936, Section 1 of the 1986 Session Laws of the General Assembly of North Carolina, the prior approval of the Orange County Board of Commissioners is required in order far the Town of Chapel Hill to assume maintenance responsibilities for sidewalks outside its municipal limits but within its planning jurisdiction; and WHEREAS, pursuant to Chapter 357, Section 2 of the 1985 Session Laws of the General Assembly of North Carolina, the prior approval of the Orange County Board of Commissioners is required in order for the Town of Carrboro to assume maintenance responsibilities for sidewalks outside its municipal limits but within its planning jurisdiction; and WHEREAS, the North Carolina Attorney General's Office has interpreted the above mentioned local acts to permit the North Carolina Department of Transportation to execute a municipal agreement with the Towns of Carrboro and Chapel Hill for maintenance of sidewalks located in the joint planning transition 4 areas defined by the Joint Planning Agreement, provided approval by the Board of Orange County Commissioners; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners approves the request of the Tawn of Carrboro to assume maintenance responsibilities for the proposed sidewalk to be constructed along Homestead Road, and approves the request of the Town of Chapel Hill to assume maintenance responsibilities for the proposed sidewalk to be constructed along Rogers Road, thereby allowing those towns to execute municipal agreements with the North Carolina Department of Transportation to accept maintenance responsibilities for the sidewalks. Upon motion of Commissioner ,seconded by Commissioner the foregoing resolution was adopted this the day of 2004. I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a tnie copy of so much of the proceedings of said Board at a meeting held on .June 2, 2004, as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of .2004. Clerk to the Board of Commissioners 5 r' `t ?QO 0 200 Feet C;~ ~ ~o \`~''iSJ GIS Map prepared by Chapel Hill Planning 2004 t b _, ~} ~ 3 er em Sep . NC DOT t Q s Proposed Sidewalk Improvemen On Homestead Rd & Rogers Rd ~ t tl$~g Sidewalk - Carzboro :.+ Sidewali: -Chapel Hill ~ S l Sidewalks Hil ~:`~ Existing Chapel \ / ~/.` 'J ~~~ Q ~ ~.~~ boro' ~`~ ~'~ ~~ ~ ~ ~/ > b N°m~ ad Rd / I 1~~ ®~G ~f,,~t;„G d 1 ~'.7 y., +^ r ~ u.F G ~ 11 Ij ~~~F `'w~~ O ~' ~, Q° Chapel Hill ~ ~' ~ ~Avaton Park City Limits tn~ Srdewalk under ~ constructron HI h $ _.~. _ ~`~ ~~ ~- -lill ° ~'"`..l a 5' C ww.. 1 8fl ..u.c..~u~m. -~1.~~ Q _n i.. '~ 0 o ~ p Carrboro ~ o High a School City Limits t Smith Middle School oevieuiooi ,. ~, Map 1 NC DOT Proposed Sidewalk Improvements On Homestead Rd and Rogers Rd TO~t1/N ~F ~ARR~Of~® NORTH CAROLINA 6 WWW TOW NOFCARRBORO ORG September 10, 2004 Mr..lohn M. Link, 7r. County Manager Orange County P.O. Box 8181 Hillsborough, NC 27278 RE: Maintenance of Sidewalks on Homestead Road and Rogers Road Dear Mr. Link: The N.C. Department of Transportation is planning to construct a sidewalk on the west side of Homestead Road from the vicinity of'the High School Road intersection to Rogers Road (approximately 1600 linear feet) and on the east side of Rogers Road from its intersection with Homestead Road to an existing sidewalk (approximately 200 feet). Most of'this sidewalk is outside the town limits of Carrboro and Chapel Hill, but within the transition area for the two towns, Construction by NCDOT is dependent upon the Towns of Chapel Hill and Carrboro accepting maintenance responsibility for the sidewalks.. While Homestead Road and Rogers Road are state-maintained roads, sidewalk maintenance is normally a responsibility of municipalities, Within town ]imits, municipalities are empowered by the N.C. General Statutes to maintain sidewalks. However, this authority does not apply to sidewalks outside of town limits. The Chapel Hill Town Attorney, the Orange County Attorney and the Town of Carrboro Attorney have conferred on this matter and have determined that in this case the proposed town assumption of responsibility for the sidewalk works falls within the terms of existing special ]egislative authority in the tovm charters of Carrboro and Chapel Hill. At its meeting on August 17, 2004, the Carrboro Board of Aldermen discussed this matter. On a motion by Alex Zaffron, a second by .foal Hall Broun, and a unanimous vote, the Board of Aldermen instructed the Town Attorney to draft the appropriate documents expressing Carrboro's willingness to maintain the sidewalks on Homestead Road and Rogers Road within Carrboro's transition area to be constructed by the N.C. Department of Transportation. With this action, the Town of Carrboro requests that the Orange County Board of Commissioners authorize the Town to assume maintenance responsibilities for the sidewalks. The Town of Carrboro very much appreciates your assistance with this matter.. Sincerely, i'~*-~ Steve Stewart Town Manager ec: Mayor and Board of Aldermen George Seiz, Carrboro Public Works Director Chuck Edwards, District Engineer, N.C. Department of Transportation Karen Lincoln, Transportation Planner, Orange County 301 WEST MAIN STREET CAR RBORO NC 27570 1919) 942-8541 FAX 19191 918-4456 • TDD (6001 826~~7663 AN EQUAL OPPORTUNITY PROVIDER ~~:P~, ' @ 9°~f. ~ (a ~','~, nro~C?:'tl t~:y : ~'/-: ~G~f, fq-. \~d ~^~~f CA1K~~ 'J `Pl+'>M° TOWN OF CHAPEL HILL 306 NORTH COLTJMBIA STREET CHAPEL HILL, NoRrH CAROLINA 27516 OFFICE OF THE MAYOR November 9, 2004 Mr. Barry Jacobs Chair, Orange County Boazd of Commissioners 200 S. Cameron Street Post Office Box 8181 Hillsborough, NC 27278 (919) 968-2714 FAX 919-969-2063 Deaz Chairm co s~r~v~(/ In recent months, the joint Orange County, Carrboro, and Chapel Hill Task Force on Homestead Road and High School Road Safety has met to consider safety improvements for students walldng to Chapel Hill High School from adjacent neighborhoods. The State Department of Transportation has informed us that it will agree to construct a sidewalk on Homestead Road and Rogers Road provided the respective Towns of Camboro and Chapel Hill assume responsibility for sidewalk maintenance after construction. On September 7, 2004 the Town Council adopted a resolution requesting that the Orange County Board of Commissioners authorize the Town to assume responsibility for two small sections of sidewalk on Homestead Road and Rogers Road which are located within the Town's planning jurisdiction. Please see the attached memorandum for details. I would be grateful if you could schedule consideration of this matter by the Boazd of County Commissioners, Sincere l / ~- `-' Kevin C. Foy Mayor ____~q,c i7:30 FAOM- T-830 P02/09 "-369 8 :A'W OFFICES _.,~^ ~ -U{A,N, GI..EDHII.L, HARGRAVE 6z. PEEK _,.. _. ?. J: ,'">SONAL CORPORATip1V i' S -TCN sT_ttP5T ?. p. DRAWER 1529 I-pL,LSBDROUGH, NORTH CAROLINA 27?78 919-73Z-2196 -F.;:?.9"2.7997 -.- _.AC9 ,.~ .a~'S?MILE July 28, 2004 M5. Karen Lincoln Socio-economic/Transportation Planner II ~_>:,ae County Planning Department ?cst Office Box 8181 '=.ilisborough, North Carolina 27278 EROM TH5 DESK OF GEOFFREY E- GLEQHll.L EMAIL, w~va~uCE~„ai,~,o RE: Homestead and High School Raad Safety Task E'orce Recommendation ~~ar Karen: This letter is in response to your July 2, zoo4 email _-~--a=ring my review, research and recommendation into how _~°:;^ro, Chapel Hill and Orange County can satisfy the a'_r.,~enance requirements of the North Carolina Department of r~ansportation (NCDOT) with respect to a sidewalk construction ~rc~ect along the north/west side of Homestead Road to Rogers - J and a sidewalk construction project connecting the existing - -~:a.:-;. on the east side of Rogers Road to Fomestead Road. NCDOT -._'agreed to construct the sidewalks but only after there is an agreement between NCDOT and a local government accepting maintenance responsibility for the sidewalks. As part of my review and research I have had telephone conversations with Ralph ~'-, winos, attorney for the Town of Chapel Hill and Mike Brough, ~.~tcrney for the Town of Carrboro. Counties are not authorized by North Carolina 1,aw to ~ezstruct, maintain or be otherwise responsible for public roads -_ =^-A-a7.ks. Cities and towns, on the other hand, are authorized - vv-,stxuct, maintain and be responsible for public streets and sidewalks but, as a general rule, only within their corporate limits. -LB-'Gt 17:30 FROl9- T-830 P03/04 U-369 9 ~s - :~aren Lincoln Page 2 °,w=y Z8, 2004 ~v local Act of the General Assembly amending the Charter of ;'~e Town of Carrboro (Chapter 357 of the 1985 Session Laws) and t,~e Charter of the Town of Chapel Hill (Chapter 936 of tha 1986 Session Laws) each of Carrboro and Chapel Hill may, "with the ~~~~=oval of the Orange County Board of Commissioners, construct cag~tal improvements outside the Town limits but within the town's extraterritorial planning area and may cooperate with the State in the construction of capital improvements to State '^'-g_h_way system streets within this area as well as within the '-o-r..' Those same local acts define the "extraterritorial --~,.-~:=-ng area" of Carrboro and of Chapel Hi11 as either established by local act or pursuant to the procedures set forth in G.S. 160A-360. N.C. Gen. Stat. § 160A-.360 ref ere to and defines °extraterritorial jurisdiction" in its expansion of the planning a.:_:ttiority of cities and towns beyond the corporate limits of cities and towns. Chapter 23.3 of the '1987 Session haws of the =neral Assembly authorizes within Orange County °joint planning -,- ._~_~.a11y agreed upon geographical areas," wherein the planning -_ ~ticn of the County can be exercised by one or more of the --- =:V located within the County by agreement between the town and ~~s~County. Carrboro, Chapel Hill and Orange County have entered i~ao such a Joint Planning Agreement creating a Joint Planning Ar=_a.. These sidewalk construction projects are located in part in '~::e Transition Area of Carrboro and in part in the Transition Area of Chapel Hill, both of which are defined in the Joint Planning Agreement and identified on the Joint Plaruiing Area Land ?Ise Map . ~t is, therefore, my opinion that both Carrboro, with _=-~=ct to the portion of the sidewalk projects to be located in ~ne~c'arrboro Transition Area and chapel Hill, with respect to the pcrtion of the sidewalk projects to be located in the Chapel Hill Transition Area, with the approval of the Orange County Board of '"'c^r~.nissioners, may construct, maintain and thereafter be -V=snon.sible for sidewalks constructed in these areas because the '~narters of Casrbora and Chapel Hill so authorize with respect to rhese sidewalks, to be located in an "extraterritorial planning =.:_e-, as established by local act...." -_'~e ~~rocedure that can be followed to accomplish this will -, °_o. the Orange Cotmty Board of Commissioners to give its =u^roval to these capital improvements .Located in the Carrboro --_-__ _r;3r3 FROM- T-830 P04/04 U-369 1Q Ms. Karen Lincoln _~ro :> ,;~,1y 28, 200a and Chapel Hill Transition Areas. Thereafter, the Town of -,..°_~_x::>re and the Town of Chapel Hill can contract with NCDbT in a _- m_.._.~ satisfies Carrboro, Chapel. Hill and NCDOT prior to the _=_.s__-z;ction of the sidewalk projects. Very truly yours, COLEri1AN, CLEDHSLL, HARGRAVE & PEEK, P.C. 11 ::c. Michael B, Brough, Craig Benedict Ralph Kazpinos, Esquire John M. Link, Jr. laa:\leiters\lincolnaidewalka .. ltr