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Home My WebLink AboutAgenda - 03-07-2023; 8-f - Resolution Authorizing Orange County Transportation Services (OCTS) as a Direct Recipient for Federal Transit Administration 5307 Grants 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 7, 2023 Action Agenda Item No. 8-f SUBJECT: Resolution Authorizing Orange County Transportation Services (OCTS) as a Direct Recipient for Federal Transit Administration 5307 Grants DEPARTMENT: Orange County Transportation Services ATTACHMENT(S): INFORMATION CONTACT: 1. Authorizing Resolution Nishith Trivedi, Transportation Director, 2. Opinion of Legal Counsel 919-245-2007 PURPOSE: To consider a resolution authorizing Orange County Transportation Services (OCTS) to file applications with the Federal Transit Administration (FTA) to become a direct recipient of 5307 Grants. BACKGROUND: OCTS is currently coordinating with the FTA to become a direct recipient of 5307 urbanized formula grants within the Burlington and Durham Metropolitan Planning Organizations (MPOs). OCTS is currently a sub-recipient through the North Carolina Department of Transportation (NCDOT) who administers and oversees the County's use of the funds. By becoming a direct recipient, OCTS will be responsible for grant compliance and reporting requirements attached to the funds. Each decennial census, a greater portion of OCTS service area is encompassed by both the MPOs. In order for the County and department to retain its current level of 5307 grant funding and possibly be eligible for more in the future, OCTS must position itself to become a direct recipient. OCTS is eligible for projects it plans to undertake within MPOs as approved in the 2022 Transit Plan and upcoming Short Range Transit Plan. Authorizing Resolution and Legal Counsel: FTA requires an authorizing resolution (Attachment 1) approved by the Board of County Commissioners (BOCC) and Opinion of Legal Counsel (Attachment 2) in order for OCTS to act on the County's behalf. Orange Unified Transportation Board (OUTBoard) Action: The OUTBoard met on Monday, February 20, 2023 and unanimously recommended approval. FINANCIAL IMPACT: FTA 5307 grants are formula based and allocated according to MPO Board approved formulas. Orange County receives 4% (estimated $130,000/annually) of Burlington- Graham MPO's allocation and 2.8% (estimated $270,000/annually) of Durham-Chapel Hill- Carrboro MPO's allocation. The County is obligated to provide 20% of the local match in order to receive the allocation. The County's percentage of MPO allocation increases as its transit service and population in the urbanized area increases, outside the Chapel Hill Transit service area. 2 SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impact is applicable to this item: • CLEAN OR AVOIDED TRANSPORTATION Implement programs that monitor and improve local and regional air quality by: 1) promoting public transportation options; 2) decreasing dependence on single-occupancy vehicles, and 3) otherwise minimizing the need for travel. RECOMMENDATION(S): The Manager recommends that the Board approve the attached resolution authorizing Orange County Transportation Services (OCTS) to file applications with the Federal Transit Administration (FTA) to become a direct recipient of 5307 Grants. RES-2023-019 Attachment 1 3 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS A RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION,AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION,FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53,TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION WHEREAS,the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project; and WHEREAS,the grant or cooperative agreement for Federal financial assistance will impose certain obligations upon the Applicant and may require the Applicant to provide the local share of the project cost; and WHEREAS, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; and NOW, THEREFORE,BE IT RESOLVED by the Orange County Board of Commissioners that: 1) The Orange County Transportation Planner and Orange Public Transportation Administrator are authorized to execute and file an application for Federal assistance on behalf of Orange County and Orange Public Transportation with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. chapter 53,Title 23,United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. The Applicant(Orange County and Orange Public Transportation)has received authority from the Designated Recipients of Urbanized Area(UZA)Formula Program assistance for the Burlington UZA(North Carolina Department of Transportation) and the Durham UZA(Durham-Chapel Hill-Carrboro Metropolitan Planning Organization/City of Durham)to apply for said assistance as a Direct Recipient. 2) The Orange County Transportation Planner and/or Orange Public Transportation Administrator are authorized to execute and file with its applications the annual certifications and assurances and other documents the Federal Transportation Administration requires before awarding a Federal assistance grant or cooperative agreement. 3) The Orange County Transportation Planner and Orange Public Transportation Administrator are authorized to execute grant and cooperative agreements with the Federal Transit Administration on behalf of Orange County and Orange Public Transportation. Upon motion of Commissioner , seconded by Commissioner ,the foregoing resolution was adopted this the_day of March, 2023. 1,Laura Jensen, Clerk to the Board of Commissioners for the County of Orange,North Carolina,DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March ,2023, 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 March, 2023. Clerk to the Board of Commissioners Attachment 2 4 Rhonda King, New Recipient Coordination Region IV Office Federal Transit Administration 230 Peachtree Street NW Suite 1400 Atlanta, GA 30303 Dear Ms. King: This communication will serve as the requisite opinion of counsel to be filed with the Federal Transit Administration, United States Department of Transportation, in connection with the application of Orange County Transportation Services (OCTS) for federal transportation assistance authorized by 49 U.S.C. Chapter 53; Title 23, United States Code; and other federal statutes authorizing activities administered by the Federal Transit Administration. OCTS intends to use the Urbanized Area Formula Program assistance authorized by 49 U.S.C. 5307 and is currently a sub-recipient as defined at 49 U.S.C. 5307(a) (2). Citations to laws, regulations, etc. establishing the legal authority of ORANGE COUNTY to carry out transportation projects for which federal assistance is sought are set forth below: 1. ORANGE COUNTY is authorized by North Carolina General Statutes Chapter 153A to provide and assist public transportation by rail, motor vehicle, or another means of conveyance other than a ferry, including any facility or equipment needed to provide public transportation. 2. The authority of ORANGE COUNTY to provide funds for the local share of the project is set forth in Section 136-44.20 of the Public Transportation Article 2B of the North Carolina General Statutes. 3. 1 have reviewed the pertinent federal, state, and local laws, and concluded that there is no legal impediment to your filing an application for the project for which OCTS seeks assistance. Furthermore, as a result of my examination, I find that there is no pending or threatened litigation or other action which might in any way adversely affect the proposed project or the capability of OCTS to carry out the project. Sincerely, Joseph Herrin County Attorney Legal Counsel 1