HomeMy WebLinkAboutAgenda - 09-17-2002 - 5a 1
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 17, 2002
Action Agenda
Item No.
SUBJECT: Resolution Endorsing_Rural Planning Organization Memorandum of Understanding
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Resolution Endorsing MOU Karen Lincoln, ext. 2594
2. Memorandum of Understanding
3. Information Requested 8/26/02 TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane (336)227-2031
PURPOSE: To endorse the Memorandum of Understanding (MOU) for a Rural Transportation
Planning Organization (RPO)for the Research Triangle Rural Planning Area.
BACKGROUND: The Orange County Board of Commissioners, at its regular meeting on August
20, 2002, endorsed establishing a RPO with Chatham, Lee and Moore Counties with Triangle J
Council of Governments (TJCOG) serving as Lead Planning Agency for the RPO.
The Board reviewed the MOU for the RPO after the quarterly public hearing held August 26, 2002,
and noted several areas of concern. The attached report contains information regarding those
issues.
Triangle J Council of Governments (TJCOG) plans to have a chartering ceremony on Friday,
September 20, 2002 at 9:00 a.m. if North Carolina Secretary of Transportation Lyndo Tippett will be
able to attend on that date. The Chairs of the Boards of County Commissioners for Orange,
Chatham, Lee and Moore Counties will officially sign the MOU to establish the Rural Transportation
Planning Organization at the chartering ceremony.
FINANCIAL IMPACT: If Orange County establishes an RPO with other counties in the Region J
Planning Area, Orange County will have an annual obligation of its share of 20% of the funding for
the lead planning agency staff and there will be additional Orange County staff time.
RECOMMENDATION(S): The Administration recommends that the Board approve the resolution
endorsing the Memorandum of Understanding.
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ORANGE COUNTY BOARD O`F COMMISSIONERS
A RESOLUTION TO ENDORSE THE MEMORANDUM OF UNDERSTANDING
FOR ESTABLISHMENT OF A
RURAL TRANSPORTATION PLANNING ORGANIZATION
FOR THE COUNTIES OF ORANGE, CHATHAM, LEE AND MOORE.
WHEREAS, Orange County recognizes that it is desirable to work in partnership with
the North Carolina Department of Transportation toward development of sound, short and
long-range transportation planning for rural areas within the Region J Planning Area; and
WHEREAS, various governmental jurisdictions within Orange, Chatham, Lee and
Moore Counties have been authorized implementation and regulatory responsibilities for
transportation planning by North Carolina General Statutes; and
WHEREAS, the Orange County Board of Commissioners is committed to provide
comprehensive and multimodal transportation options to all County residents, including
those in rural areas; and
WHEREAS, it is desirable that a coordinated, comprehensive, and cooperative
transportation planning process be maintained in the Research Triangle Rural
Transportation Planning Area; and
WHEREAS, a Memorandum of Understanding between the.Counties of Orange,
Chatham, Moore and Lee has been prepared that sets forth responsibilities and working
arrangements for maintaining a continuing;comprehensive, and cooperative transportation
planning process;
NOW, THEREFORE, BE IT RESOLVED, that the Memorandum of Understanding
between the County of Chatham, the County of Lee, the County of Moore the County of
Orange, North Carolina Department of Transportation and Triangle J Council of
Governments be approved and that the Chair of the Board and County Clerk are hereby
directed to execute the Memorandum of Understanding.
Upon motion of Commissioner seconded by Commissioner
the foregoing resolution was adopted this the day of , 2002.
I, Donna Baker, 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 September 17, 2002 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 , 2002.
Clerk to the Board of Commissioners
I
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MEMORANDUM OF UNDERSTANDING
FOR
COOPERATIVE,COMPREHENSIVE 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 transportation 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 21 c 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-PI annln�0 amization. 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.
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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 FundiaL. 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
serve 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 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 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.,
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4. The Rural Transportation Advisory Committee(RTAC)will meet as often as it is deemed appropriate
and advisable. On the basis of majority 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
Governments will serve as secretary to the committee.
Section 4. Establishment of Technical Coordinating Committee(TCCI 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 may be 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.
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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 2e day of August,2002.
Chatham County
Clerk
By:
Chairman
Lee County
Clerk
By:
Chairman
Moore County
Clerk
By:
Chairman
Orange County
Clerk
By:
Chairman
North Carolina Department of
Transportation
Clerk
By:
Secretary
North Carolina Department of Transportation
Approved as to form
By:
Assistant Attorney General
Triangle J Council of Governments
Clerk
By:
Chairman
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Follow Up of RPO MOU Items of Concern
Orange County Board of Commissioners, on August 20, 2002, endorsed the
establishment of a Rural Planning Organization (RPO) for Orange, Chatham, Lee and
Moore Counties with Triangle J Council of Governments (TJCOG) as the Lead Planning
Agency for the RPO. The Board reviewed the Memorandum of Understanding (MOU)
for the RPO after the quarterly public hearing held August 26, 2002. The Board did not
vote on the MOU as the County Manager confirmed that Triangle J COG had postponed
the anticipated August 28 chartering ceremony to give the Board ample time to consider
the MOU. The Board was concerned about several issues and requested further
information regarding those issues.
Areas of concern and requests for information cited by the Board are listed below along
with responses in italics.
1. What will be the total number of members? How many municipalities are there in
the other counties that would be included? What population does each member
represent?
Total number of members: 9 (8 voting members, i ex-officio member)
Voting members: 8
4 county members (one County Commissioner from each county)
1 NCDOT Board of Transportation member(either Division 7 BOT member or
Division 8 BOT member,probably Division 8 since 3 of the 4 counties are in
Division 8)
3 municipal members (All municipalities within the RPO planning area of each
county choose a single elected municipal representative for that county's
municipal transportation interests. There are 3 municipalities in Chatham, 2 in
Lee; and 11 in Moore. All municipalities in Orange are within a MPO planning
area and are not included in the RPO.)
Ex-officio member.• i one member of the Triangle J COG Executive Board
A quick estimate of county populations within RPO boundary (2000 population
estimates at block group level to nearest 5,000 population):
Chatham County 35,000
Lee County 50,000
Moore County 75,000
Orange County 25.000
Total 180,000
2. The MOU should include language concerning the coordination between the RPO
and adjacent MPOs.
Response from TJCOG:
"An important part of the RPO staff work would be to ensure good communication between the
RPO and the two Triangle MPOs that adjoin the RPO boundary.- the Durham-Chapel Hill-
Canboro MPO and the Capitol Area MPO. One strength of administering the RPO through
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Triangle J Council of Governments is that TJCOG staff serve on the technical coordinating
committees of both MPOs, allowing the RPO members to receive up-to-date information on
plans and projects in the MPOs that affect the RPO. In addition, RPO plans and work efforts
will be coordinated with the MPOs. RPO staff would also maintain communication with other
neighboring MPOs and RPOs in Alemance County, the Kerr-Tar Region, the Piedmont Triad
Region and the Fayetteville area."
3. Section 3. t.D of the MOU refers to The Research Triangle Rural Transportation
Planning Area. Some of the participating counties (Lee and Moore) seem somewhat
far away from what is typically thought of as the Research Triangle Area. Should the
name be something different?
Response from Triangle J COG:
"Although the "Research Triangle"began as a reference to the three largest research
universities in the region, the `Triangle Area"is now frequently used to refer to the broader
economic area whose core remains the three universities. For example, the Research Triangle
Regional Partnership, the economic development,marketing alliance for the region, covers 13
counties, including all of the members of the proposed RPO. Triangle J COG covers 7 counties,
including all of the proposed RPO members;the use of'Triangle'in the name of the
organization can help maintain consistency in broad regional partnerships and help identify the
RPO for people outside of the region."
4. A review of the MOU for the DCHC MPO would be useful to make a comparison to
ensure that items of major importance are not overlooked in the RPO MOU.
Major differences between the original DCHC MOU signed in 1983 and the proposed
RPO MOU relate to the differences between the functions of the MPO TAC as the
decision-making entity and the RPO RTAC as an advisory entity. Some of the other
differences are listed below.
♦ The MPO MOU includes 3 additional responsibilities of the TAC: 1. Endorsement,
review and approval of the changes to the MPO boundary; 2. Endorsement, review
and approval of a Prospectus for transportation planning (federally required
document that defines work tasks and responsibilities for the various agencies); and
3. Revision in membership of the Technical Coordination Committee".
♦ The MPO MOU lists the number of members from each jurisdiction, number of
members required for a quorum, vote necessary for approval of matters before the
committee and provisions for a weighted vote (The RPO MOU simply lists
membership.)
♦ The MPO MOU provides that members may withdraw from the planning process by
giving 30 days written notice to the other parties. (The RPO MOU provides for
withdrawal from the process by giving 90 days written notice to the other parties.)
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♦ The MPO MOU lists responsibilities for each jurisdiction. (The RPO MOU notes
"participating agencies will assist in the transportation planning process..')
A new MPO MOU was approved in 1994 to include the Town of Hillsborough and
Chatham County. Major changes included changes to language describing the member
jurisdictions and planning boundary and addition of language to include coordination
with Triangle Transit Authority(TTA) and Capital Area Metropolitan Planning
Organization (CAMPO). Also, the provision for development and approval of committee
bylaws was added to the TAC responsibilities.
5. There is no mention of a development and approval process for committee bylaws
nor mention of a process for amending the MOU. The Board would like to see an
example of Rules of Procedure or Bylaws that have been adopted by an established
RPO.
The Rural Transportation Advisory Committee members will develop bylaws or rules of
procedure once the RPO has been chartered.
In comparison, the original DCHC MOU did not include a specific provision for
establishing rules of procedure or bylaws. However, the TAC adopted bylaws in
February 1987. The most recent revisions (according to files in the Planning Dept.)
were in November 1991. The TCC most recently revised its bylaws in April 1991. The
DCHC MOU was amended in 1994 and, at that time, a provision for "development and
approval of committee bylaws for the purpose of establishing operating policies and
procedures"was added to the responsibilities of the TAC. Neither MOU mentions
procedures for amending the MOU.
"Kerr-Tar Rural Transportation Planning Organization (RPO) Rural Transportation
Advisory Committee (RTAC) By-Laws"and "Mid-Carolina Rural Planning Organization
Rural Transportation Advisory Committee Rules of Procedure"are attached.
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Kerr-Tar Rural Transportation Planning Organization (RPO)
Rural Transportation Advisory Committee (RTAC) By-Laws
ARTICLE I-NAME
The name of this committee shall be the Region-K Rural Transportation Planning 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 Kerr-Tar RPO Prospectus.
• review and approve the Kerr-Tar RPO Planning Work Program(PWP),which defines work tasks
and responsibilities for the various agencies participating in the Kerr-Tar RPO.
• establish goals, priorities,and objectives for the rural transportation planning process in the Kerr-
Tar RPO area.
• coordinate work efforts with the Kerr-Tar RPO Rural Transportation Coordinating Committee
(RTCC) in meeting the transportation and economic development needs of the Kerr-Tar Region.
• make recommendations to the respective local, state, and federal governmental agencies
regarding any necessary actions relating to the continuing transportation planning process.
• review and recommend transportation improvement projects,which support and enhance inter-
county and intra-county transportation serving the Kerr-Tar RPO area.
• develop and prioritize transportation projects,which the Kerr-Tar RPO recommends for inclusion
in the State Transportation Improvement Program(TIP).
• develop and amend as necessary the Kerr-Tar 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 Kerr-Tar RPO.
• provide a forum for public participation in the rural transportation planning process.
ARTICLE III-MEMBERS
Section 1-Memberhsip:
As specified in the Kerr-Tar RPO Memorandum of Understanding (MOU)between the Kerr-Tar 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 Region-K planning area,which includes Franklin,Granville, Person,Vance, and Warren Counties,
as well as the incorporated municipalities within each County that are members of the Kerr-Tar RPO.The
initial voting membership shall include the following members:
•, One County Commissioner representing Franklin County. One municipal elected official
representing the municipalities within Franklin County. The Mayors of the municipalities within
Franklin County that are members of the Kerr-Tar RPO, shall meet jointly to determine the
elected official to represent the Franklin County municipalities on the Kerr-Tar Rural
Transportation Advisory Committee. A majority vote of the Mayors shall determine the municipal
representative.
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• One County Commissioner representing Granville County. One municipal elected official
representing the municipalities within Granville County. The Mayors of the municipalities within
Granville County that are members of the Kerr-Tar RPO, shall meet jointly to determine the
elected official to represent the Granville County municipalities on the Kerr-Tar Rural
Transportation Advisory Committee. A majority vote of the Mayors shall determine the municipal
representative.
• One County Commissioner representing Person County. One municipal elected official
representing the municipalities within Person County. The Mayors of the municipalities within
Person County that are members of the Kerr-Tar RPO, shall meet jointly to determine the elected
official to represent the Person County municipalities on the Kerr-Tar Rural Transportation
Advisory Committee. A majority vote of the Mayors shall determine the municipal representative.
• One County Commissioner representing Vance County. One municipal elected official
representing the municipalities within Vance County. The Mayors of the municipalities within
Vance County that are members of the Kerr-Tar RPO,shall meet jointly to determine the elected
official to represent the Vance County municipalities on the Kerr-Tar Rural Transportation
Advisory Committee. A majority vote of the Mayors shall determine the municipal representative.
• One County Commissioner representing Warren County. One municipal elected official
representing the municipalities within Warren County, The Mayors of the municipalities within
Warren County that are members of the Kerr-Tar RPO, shall meet jointly to determine the elected
official to represent the Warren County municipalities on the Kerr-Tar Rural Transportation
Advisory Committee. A majority vote of the Mayors shall determine the municipal representative.
• The North Carolina Board of Transportation members representing the North Carolina
Department of Transportation Division 5.
Section 2-Tenn of Membership:
Term 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 Franklin County and Warren 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 Chairman and a Vice-Chairman serving annual terms, but
limited to two (2) consecutive terms. The Kerr-Tar COG Transportation Planner, as staff to the Kerr-Tar
RPO,shall act as Secretary to the RTAC.
Section 2-Duties of Officers:
2.1 The Chairman shall call meetings of the RTAC to order, and shall act as presiding officer of such
meetings. The Chairman shall see that all orders and action items, including amendments, are carried
into effect. The Chairman 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.
• With assistance from the Kerr-Tar COG Transportation Planner,draft the meeting agendas and
make said available to the RTAC members in a timely manner.
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2.2 The Vice-Chairman shall conduct the duties of the Chairman in the event of the Chairman's absence.
2.3 The administrative.coordination for the RTAC shall be performed by the Kerr-Tar COG Transportation
Planner, as staff for the Kerr-Tar RPO. The Kerr-Tar RPO Transportation Planner shall:
• Keep minutes of the RTAC meetings in proper form for the approval of the RTAC at its next
regular meeting.
• Mail notices of regular meetings of the RTAC,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 Law.
•r Maintain all files,records, and Correspondence of the RTAC. ._
2.4 Should neither the Chairman nor Vice-Chairman be able to preside at a meeting, the RTAC shall
appoint a Chairman Pro-Temp for that meeting or until such time the Chairman or Vice-Chairman can
resume their responsibilities.
ARTICLE V-WEMGS
Section 1-Regular Meetings:
The RTAC shall meet when it is deemed necessary, appropriate, and advisable. The RTAC shall meet
on an as needed (on-call) basis as determined by the Chairman of the RTAC and at a time to be
determined by the Chairman of the RTAC. Meeting notice and agenda are to be mailed no later than
seven (7)days prior to a determined RTAC meeting date.
Section 2-Special Meetings:
Special meetings may be called by the Chairman, or at the request of three(3)eligible voting members of
the RTAC petitioning the Chairman. 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 mailed
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 absent,to the
Kerr-Tar 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 Chairman 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 Chairman and/or the Kerr-Tar 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.
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Section 6-Voting Procedures:
The Chairman 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(1)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 Chairman is permitted to vote. In the event of a tie,where the Chairman has already voted, the
Chairman cannot vote again to break the tie and 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. Any member present and not voting shall
be recorded as a positive vote on the motion. In 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 mailed 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 Kerr-Tar 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.
The Kerr-Tar RPO Rural Transportation Advisory Committee(RTAC)approved these By-Laws on the 21'`
day of May 2002,
Danny W.Wright
Chairman
Kerr-Tar RPO RTAC
ATTEST:
Kenneth M. Krulik
Secretary
Kerr-Tar RPO RTAC
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Mid-Carolina Rural Planning Organization
Rural Transportation Advisory Committee
Rules of Procedure
ARTICLE I-NAME
The name of this committee shall be the Mid-Carolina Rural Transportation Advisory Committee
(RTAC), hereinafter referred to as the RTAC; as established by the Memorandum of
Understanding (MOU) between the Counties of Bladen, Cumberland, Harnett, Sampson, their
municipalities and the North Carolina Department of Transportation.
ARTICLE II-PURPOSE
The purpose and goals of this committee shall be to:
• endorse, review and approve the Prospectus and Planning Work Program (PWP).
• provide guidance on transportation goals and objectives to the RTCC and establish
goals, priorities, and objectives for the rural transportation planning process.
• review and approve changes to the adopted RPO's Long-Range Transportation Plan.
• review and recommend changes to adopted Transportation Plans for the Rural
Transportation Planning Organization;
• review and recommend transportation improvement projects, which support and
enhance intra-county transportation within the Mid-Carolina Rural Transportation
Planning Organization (RPO) region.
• review the developed and prioritized suggestions for transportation projects submitted by
the RTCC, which the Mid-Carolina Rural Transportation Planning Organization believes,
should be included in the State TIP, prior to submittal to NC-DOT for inclusion in the
State TIP.
• adopt the RTCC recommendations for projects to be included within the State TIP and
present the recommendations to NC-DOT.
• make recommendations to the respective local and state governmental agencies
regarding any necessary actions relating to the continuing transportation planning
process.
• provide a forum for public participation in the rural transportation planning process.
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ARTICLE III-MEMBERS
Section 1 —Membership:
As specified in the Memorandum of Understanding (MOU), the RTAC shall consist of appointed
and elected officials from local and state governmental agencies directly related to and
concerned with the transportation planning process for the Mid-Carolina planning area, which
includes Bladen, Cumberland, Hamett and Sampson Counties, as well as the incorporated
municipalities within each County. The initial membership shall include the following 10
members:
• Bladen County Commissioner
• Cumberland County Commissioner
• Harnett County Commissioner
• Sampson County Commissioner
• Bladen County Municipal Representative
• Cumberland County Municipal Representative
• Hamett County Municipal Representative
• Sampson County Municipal Representative
• NC-DOT Board of Transportation Member
• Mid-Carolina Board of Directors Member
Other local agencies, upon .filing a request, will be informed of all meetings of the RTAC and
may attend meetings.
Section 2—Term of Membership:
The terms of office for members of the RTAC is subject to the appointing authority. Re-
appointment is possible.
ARTICLE IV-OFFICERS
Section 1 —Officers Defined:
The officers of the RTAC will consist of a Chairman and a Vice-Chairman serving annual terms,
but limited to two consecutive terms.
Section 2—Duties of Officers:
The Chairman shall call meetings of the RTAC to order and shall act as Chairman of such
meetings. The Chairman shall see that all orders and action items, including amendments, are
carried into effect. The Chairman will:
• Sign all official documents of the RTAC.
• Preside at all meetings of the RTAC.
• Decide all points of order or procedure.
• Approve meeting agendas.
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The Vice-Chairman shall conduct the duties of the Chairman in the event of the Chairman's
absence.
The administrative coordination for the RTAC shall be performed by the Mid-Carolina RPO
Transportation Planner, as Secretary, who shall, report to the Chairman of the RTAC. The
Secretary shall:
• Keep minutes of the RTAC meetings in proper form for the approval of the RTAC at its
next regular meeting.
• Mail notices of regular meetings,of the Mid-Carolina RTAC, with a copy of the agenda, in
accordance with Article V of these rules.
• Give notice of special meetings called in accordance with NC Open Meeting Law.
• Maintain all files, records, and correspondence of the RTAC.
• Transmit all recommendations of the RTCC to the RTAC.
Should neither the Chairman nor Vice-Chairman be able to preside at a meeting, the Chairman
shall appoint a Chairman for that meeting only or until such time as the Chairman or Vice-
Chairman can resume their responsibilities. Should the Secretary be unable to attend a
meeting, the Chairman of the Mid-Carolina RTAC shall appoint an acting secretary to record
and prepare the minutes.
ARTICLE V-MEETINGS
Section 1 —Regular Meetings:
Meetings will be held at a regular time and place,as agreed upon on the fourth Tuesday of the
month. Meeting notices and agendas are to be mailed in sufficient time for them to have been
received by each committee member, no later than seven (7) days prior to the meeting date.
Should there be an indication of the lack of a quorum (six members), regular meetings may be
canceled by the Chairman and all members notified.
Section 2—Special Meetings:
Special meetings may be called by the Chairman or at the request of at least three members
petitioning the Chairman. Whenever possible, at',least seven (7) days notice shall be given. At
least six Committee members must attend a special call meeting in order to conduct business.
Section 3—Workshops:
The RTAC may choose to hold workshops from time to time. All workshops shall be noticed in
the manner as regular.meetings of the RTAC.
Section 4—Attendance:
Each member shall be expected to attend all regular meeting and special meetings, provided at
least seven (7) days notice is given.
The RTAC may recommend removal of any member who fails to attend five (5) or more
meetings in a one (1) year period. Such recommendations shall be forwarded to the appointing
governmental unit(s).
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Section 5—Agenda:
The agenda is a list of items for discussion and action at a meeting. Any member of the RTAC
can place items on the agenda prior to its distribution. Additional items may be placed on the
regular agenda following discussion of the last item on the regular agenda, as long as a majority
concurs.
Section 6—Voting Procedures:
The Chairman 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 (1) vote. A majority vote of the
members present shall be sufficient for approval of matters coming before the RTAC. The
Chairman is permitted to vote. Abstentions shall be considered affirmative votes. With approval
of the RTAC, a member may abstain from voting on an issue. In the absence of any direction
from these Rules or other duly adopted voting procedures Robert's Rules of Order will prevail.
ARTICLE VI-AMENDMENTS TO RULES OF PROCEDURE
Amendments to these Rules of Procedure of the RTAC shall require the affirmative vote of a
majority of the RTAC's members, provided that written notice of the proposed amendment has
been received by each member at least 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) governing this
document. In the event of any conflict, the MOU shall take precedence over these Rules of
Procedure.
These Rules of Procedure shall comply with the North Carolina General Statues with respect to
the Open Meeting Law.
The Mid-Carolina RPO Rural Transportation Advisory Committee approved these Rules of
Procedure on this day of . 2002.
Mayor Billy Home, Chairman Tammye A. Rey, Secretary
Mid-Carolina RPO RTAC Mid-Carolina RPO RTAC
Attest:
Jim Caldwell, Executive Director
Mid-Carolina Council of Governments