1.
Regular Consent Agenda (any
regular consent agenda item pulled for discussion will be discussed at the
beginning of the old/new business portion of the agenda, which is item H on this
agenda)
a.
Consideration of approval of the
minutes of the regular town council meeting held on
ACTION:
Ms. Dorrel moved to approve the consent agenda; Ms. Robison provided the second;
council granted unanimous approval.
_________________________
b.
Consideration
of approval of the tax report adopted by the
The Wake County Board of
Commissioners, in regular session on
It is hereby submitted for your
approval.
|
Refunds of taxes,
interest and penalties |
$2352.42 |
|
Relief of late list
penalty |
0 |
|
Relief of late filed
application |
0 |
|
Non-cash rebates |
215 |
ACTION:
Ms. Dorrel moved to approve the consent agenda; Ms. Robison provided the second;
council granted unanimous approval.
_________________________
c.
Consideration of adoption of a Memorandum of Understanding from the
Capital Area Metropolitan Planning Organization (CAMPO) to expand its area
because of changes to two existing CAMPO boundaries the Urbanized Area
Boundary and the Metropolitan Planning Area Boundary.
(Ms. Juliet Andes)
The
Town of
The
CAMPO Transportation Advisory Committee approved the final version of the draft
memorandum at its meeting on
Fiscal Impact:
None
Staff
Recommendation:
Staff recommends approval of the Memorandum of Understanding to expand
the Capital Area Metropolitan Planning Organization boundaries.
MEMORANDUM
TO: Managers of Capital Area
MPO Member Governments
FROM: Ed Johnson, Capital Area
MPO Director
SUBJECT: Execution of the
Capital Area Memorandum of Understanding
DATE:
Enclosed is a copy of the final
draft of the revised Memorandum of Understanding (MOU) whose
joint approval and execution by
all member governments and the Secretary of Transportation (on
behalf of the Governor) will
constitute the official act of final approval for expanding the N.C.
Capital Area Metropolitan
Planning Organization (MPO) to include the Towns of Angier, Bunn,
Clayton, Franklinton, and
Youngsville, the City of
Granville, Harnett, and
Johnson, and the Triangle Transit Authority. The Capital Area MPO
Transportation Advisory
Committee approved this final version of the MOU at its meeting on
The Capital Area MPO requests
that each signatory agency review the MOU and, if found
acceptable, take appropriate
action to obtain official approval by its respective governing board.
In order that each MPO member
government may receive an official copy of the executed MOU
including original signed and
certified copies of the approval by all member governments, please
have each of the enclosed
thirty copies of the Memorandum of Understandings signatory sheet
signed by the clerk and local
official authorized to sign such legal agreement on behalf of your
municipality/county or agency.
Also please submit one certified copy of the resolution or
minutes of the governing
boards documenting their action of approval.
Please submit the thirty copies
of the executed and certified signature page and one copy of the
approval action to the Capital
Area MPO office by
questions, comments, or
concerns, of if you need any additional information or assistance, contact
either myself, at (919)
807-8511, or Mr. Kenneth Withrow, at (919) 807-8513.
We greatly appreciate your
assistance in completing the process of expanding the MPO. We look
forward to working with you as
we endeavor to address our regional transportation challenges.
Mailing Address:
N.C. Capital Area MPO
Enclosures
C: TAC and TCC Members
CAPITAL
AREA METROPOLITAN PLANNING ORGANIZATION
MEMORANDUM
OF UNDERSTANDING
BETWEEN
THE
GOVERNOR OF THE STATE OF
TOWN
OF
OF
CLAYTON, CITY OF
FUQUAY-VARINA,
TOWN OF
KNIGHTDALE,
TOWN OF
ROLESVILLE,
TOWN OF
YOUNGSVILLE,
TOWN OF
GRANVILLE,
WAKE,
TRIANGLE TRANSIT AUTHORITY, AND THE
DEPARTMENT
OF TRANSPORTATION
(Hereinafter
referred to as the Municipalities, the Counties and the State)
IN
COOPERATION WITH
THE
UNITED STATES DEPARTMENT OF TRANSPORTATION,
Agreement
No. 2005-06-15
W
I T N E S S E T H T H A T
WHEREAS,
Chapter 136, Article 3A, Section 136-66.2(a) of the General Statutes of
"Each MPO, with
cooperation of the Department of Transportation, shall develop a comprehensive
transportation plan in accordance with 23 U.S.C. § 134. In addition, an MPO may
include projects in its transportation plan that are not included in a
financially constrained plan or are anticipated to be needed beyond the horizon
year as required by 23 U.S.C. § 134. For municipalities located within an MPO,
the development of a comprehensive transportation plan will take place through
the metropolitan planning organization. For purposes of transportation planning
and programming, the MPO shall represent the municipality's interests to the
Department of Transportation.;
WHEREAS,
Chapter 136, Article 3A, Section 136-66.2(b) provides that:
"After completion and
analysis of the plan, the plan shall be adopted by both the governing body of
the municipality or MPO and the Department of Transportation as the basis for
future transportation improvements in and around the municipality or within the
MPO. The governing body of the municipality and the Department of Transportation
shall reach agreement as to which of the existing and proposed streets and
highways included in the adopted plan will be a part of the State highway system
and which streets will be a part of the municipal street system. As used in this
Article, the State highway system shall mean both the primary highway system of
the State and the secondary road system of the State within municipalities.; and,
WHEREAS,
Chapter 136, Article 3A, Section 136.66.2(d) provides that:
"For MPOs, either the
MPO or the Department of Transportation may propose changes in the plan at any
time by giving notice to the other party, but no change shall be effective until
it is adopted by both the Department of Transportation and the MPO."; and,
WHEREAS,
Section 134(a) of Title 23
"It is in the national
interest to encourage and promote the development of transportation systems
embracing various modes of transportation in a manner which will efficiently
maximize mobility of people and goods within and through urbanized areas and
minimize transportation related fuel consumption and air pollution. To
accomplish this objective, metropolitan planning organizations, in cooperation
with the State, shall develop transportation plans and programs for urbanized
areas of the State. Such plans and programs shall provide for the development of
transportation facilities (including pedestrian walkways and bicycle
transportation facilities) which will function as an intermodal transportation
system for the State, the metropolitan areas, and the Nation. The process for
developing such plans and programs shall provide for consideration of all modes
of transportation and shall be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the transportation
problems."; and,
WHEREAS,
a transportation planning process includes the operational procedures and
working arrangements by which short and long-range transportation plans are
soundly conceived and developed and continuously evaluated in a manner that
will: 1. Assist governing bodies and official agencies in determining courses of
action and in formulating attainable capital improvement programs in
anticipation of community needs; and, 2. Guide private individuals and groups in
planning their decisions which can be important factors in the pattern of future
development and redevelopment of the area; and,
WHEREAS,
it is the desire of these agencies that a continuing, cooperative, and
comprehensive transportation planning process as set forth in a Memorandum of
Understanding dated January 28, 1993 comply with Title 23 U.S.C. Section 134;
and Sections 3(a)(2), 4(a), 5(g)(1), and 5(1) of the Urban Mass Transportation
Act of 1964, as amended, [49 U.S.C.1602(a)(2), 1603(a), 1604(g)(1), and
1604(1)].
NOW THEREFORE,
the following Memorandum of Understanding is made:
Section I.
It is hereby agreed that the
Municipalities, the Counties and the State in cooperation with the United States
Department of Transportation, will participate in a continuing, cooperative and
comprehensive (3-C) transportation planning process with responsibilities
and undertakings as related in the following paragraphs:
1. The N. C. Capital
Area Metropolitan Planning Area (as defined by the Metropolitan Area
Boundary, also known as the Planning Area Boundary) will be all of
2. The N. C. Capital Area
Metropolitan Planning Organization (MPO) shall include the local governments
of the Municipalities and the Counties, the North Carolina Department of
Transportation; a Transportation Advisory Committee hereinafter defined,
a Technical Coordinating Committee hereinafter defined, and the various
agencies and units of local, regional, and state government participating in the
transportation planning for the area.
3. The Urbanized Area
Boundary and the Metropolitan Area Boundary shall be periodically
reviewed and revised in light of new developments and basic data projections.
4. The continuing
transportation planning process will be a cooperative one reflective of and
responsive to the programs of the North Carolina Department of Transportation,
and to the comprehensive plans for growth and development of the Municipalities
and the Counties in the Triangle Region with attention being given to
cooperative planning with the neighboring metropolitan and rural planning
organizations.
5. The continuing
transportation planning process will be in accordance with the intent,
procedures and programs of Title VI of the Civil Rights Act of 1964, as amended.
6. Transportation policy
decisions within the planning area are the shared responsibility of the North
Carolina Board of Transportation, the Transportation Advisory Committee and the
governing bodies of the participating local governments.
7. Transportation plans and
programs and land use policies and programs having regional impacts will be
coordinated with the applicable regional Council of Governments.
8. A Transportation Advisory
Committee is hereby established with the responsibility for cooperative
transportation planning decision making for the N.C. Capital Area Metropolitan
Planning Organization. The Transportation Advisory Committee shall have
the responsibility for keeping the policy boards of the participating local
governments informed of the status and requirements of the transportation
planning process; for assisting in the dissemination and clarification of the
decisions and policies of the policy boards; and for providing opportunities for
citizen participation in the transportation planning process.
The Transportation Advisory
Committee will be responsible for carrying out the provisions of 23 U.S.C.
Section 134; and Sections 5(1) and 8(a) and 8(c) of the Urban Mass
Transportation Act of 1964 as amended, 49 U.S.C. Section 1604(l) and 1607(a) and
1607(c); including, but not necessarily limited to:
a. Establishment of goals
and objectives for the transportation planning process.
b. Review and approval of
a Prospectus for transportation planning which defines work tasks and
responsibilities for the various agencies participating in the transportation
planning process;
c. Review and approval of
changes to the Urbanized Area Boundary and the Metropolitan Area
Boundary as well as review and recommendation for changes to the National
Highway System;
d. Review and approval of
the transportation Unified Planning Work Program;
e. Review and approval of
the adopted Comprehensive and Long-Range Transportation Plans. As
specified in General Statutes Section 136-66.2(d) certain revisions to the Comprehensive
Transportation Plan may be required to be jointly approved by the North
Carolina Department of Transportation;
f. Review and approval of
the Metropolitan Transportation Improvement Program for multimodal
capital and operating expenditures ensuring coordination between local and State
capital improvement and operating programs;
g. Development and
approval of committee by-laws for the purpose of establishing operating policies
and procedures.
The membership of the Transportation
Advisory Committee
One member of the Angier
Town Board of Commissioners
One member of the Apex Town
Board of Commissioners
One member of the Bunn Town
Board of Commissioners
One member of the Cary Town
Council
One member of the Clayton
Town Council
One member of the Creedmoor
Board of Commissioners
One member of the
Franklinton Town Board of Commissioners
One member of the
Fuquay-Varina Town Board of Commissioners
One member of the Garner
Board of Aldermen
One member of the Holly
Springs Board of Commissioners
One member of the
Knightdale Town Council
One member of the
Morrisville Town Board of Commissioners
One member of the Raleigh
City Council
One member of the
Rolesville Town Board of Commissioners
One member of the Wake
Forest Town Board of Commissioners
One member of the Wendell
Town Board of Commissioners
One member of the
Youngsville Town Board of Commissioners
One member of the Zebulon
Town Board of Commissioners
One member of the Franklin
County Board of Commissioners
One member of the Granville
County Board of Commissioners
One member of the Harnett
County Board of Commissioners
One member of the Johnston
County Board of Commissioners
One member of the Wake
County Board of Commissioners
Three members of the North
Carolina Board of Transportation representing the Highway Divisions (currently
4, 5, and 6) within the Metropolitan Planning Area
One member of the Triangle
Transit Authority; and
The Division Administrator
of the Federal Highway Administration or his or her representative who shall
serve as an advisory, non-voting member.
Voting representatives of the
Municipalities and the Counties shall be designated by their respective
governing boards. A quorum of the Transportation Advisory Committee shall
consist of a majority of voting members (14) who together represent a minimum of
fifty percent (50 + 1) of the total optional weighted votes as hereinafter
defined.
A majority vote of the quorum
present shall be sufficient for approval of matters coming before the TAC with
the exception that any voting TAC member may invoke weighted voting provisions
on any matter. When a weighted vote is taken, a majority of the total weighted
votes present at the meeting during the vote will be required for a motion to
pass. A weighted vote may not be split by the representative casting the vote.
The following schedule of weighted votes (as of July, 2005) shall apply:
WEIGHTED
VOTING SCHEDULE
(to
be updated periodically *)
|
Governing Body |
Votes |
|
|
|
|
Angier |
1 |
|
Apex |
3 |
|
Bunn |
1 |
|
|
11 |
|
Clayton |
2 |
|
Creedmoor |
1 |
|
Franklinton |
1 |
|
Fuquay-Varina |
1 |
|
Garner |
3 |
|
|
2 |
|
Knightdale |
1 |
|
Morrisville |
2 |
|
|
32 |
|
Rolesville |
1 |
|
|
2 |
|
Wendell |
1 |
|
Youngsville |
1 |
|
Zebulon |
1 |
|
|
3 |
|
|
1 |
|
|
1 |
|
|
5 |
|
|
17** |
|
Triangle Transit Authority |
1 |
|
N. C. Board of Transportation
|
3 |
|
Total |
98 |
* Each member government shall
be apportioned weighted voting based on the most recent certified North Carolina
Population Estimates for Municipalities and Counties utilizing a vote weighting
formula of one vote for each 10,000 of population, or portion thereof.
**
At the invitation of the Transportation
Advisory Committee, other local, regional, State or Federal agencies
impacting transportation within the planning area may serve as non-voting
members of the TAC.
As established in its adopted
by-laws, the Transportation Advisory Committee shall meet as deemed
appropriate and shall elect officers with the responsibility for coordination of
the committee's activities. A member of the staff of the Lead Planning Agency
will serve as secretary to the Committee.
As established in its adopted
Bylaws, the TAC may create an executive committee and/or subcommittees to carry
out its responsibilities.
9. A Technical
Coordinating Committee (TCC) shall be established with the responsibility of
general review, guidance and coordination of the transportation planning process
for the planning area and with the responsibility for making recommendations to
the Transportation Advisory Committee and to other entities designated by the
TAC regarding any necessary actions relating to the continuing transportation
planning process. The TCC shall be responsible for development, review and
recommendations of the Prospectus, Unified Planning Work Program,
Metropolitan Transportation Improvement Program, Metropolitan Area Boundary,
Urbanized Area Boundary, and
Membership of Technical
Coordinating Committee shall include
technical representatives from local, regional and State governmental agencies;
as well as major modal transportation providers directly related to and
concerned with the transportation planning process for the planning area. Each
member agency's representative(s) shall be designated by the chief
administrative officer of that agency. Each municipal and county government
member has been apportioned a representative TCC participant(s) based on the
most recent certified North Carolina Population Estimates for Municipalities and
Counties utilizing a formula of one representative per 50,000 population, or
portion thereof. The initial voting membership shall include, but not
necessarily be limited to, the following:
Town of
Town of
Town of
Town of
City of
Town of
Town of Fuquay-Varina (1
representative)
Town of
Town of
Town of
Town of
City of
Town of
Town of
Town of
Town of
Town of
N. C. Department of
Transportation* (6 representatives)
Triangle J Council of
Governments (1 representative)
Research Triangle
Foundation (1 representative)
Carolina Trailways (1
representative)
Capital Area Transit (1
representative)
Raleigh Durham Airport
Authority (1 representative)
Triangle Transit Authority
(1 representative)
In addition to the voting
membership, the Federal Highway Administration shall have 2 non-voting
representatives and the lead planning agencies of the Durham-Chapel
Hill-Carrboro MPO and the Kerr-Tar, Mid-Carolina, Triangle, and Upper Coastal
Plain Rural Planning Organizations shall each have 1 non-voting representative.
*
The Technical Coordinating
Committee shall operate as determined by its adopted bylaws. Any agency not
listed above which wishes representation on the TCC may request such
representation for consideration under the TCC adopted bylaws. As established in
its adopted Bylaws, the TCC may create an executive committee and/or
subcommittees to carry out its responsibilities.
10. The governing boards of the
Municipalities and the County and the North Carolina Board of Transportation
shall serve as the primary means for citizen input to the continuing
transportation planning process. The Transportation Advisory Committee should
also provide opportunities for citizen participation in the transportation
planning process.
Section II.
It is further agreed that the
subscribing agencies will have the following responsibilities, these
responsibilities being those most logically assumed by the several agencies:
The Municipalities and the
Counties
The Municipalities and
the Counties will assist in the transportation planning process by providing
assistance, data and inventories in accordance with the Prospectus. The
Municipalities and the Counties shall coordinate zoning and subdivision approval
within their respective jurisdictions in accordance with the adopted
Transportation Plan. Additionally, the City of
The Municipalities and the
Counties will participate in funding the portion of the costs of the MPOs
work program not covered by federal or state funding as approved by the
Transportation Advisory Committee. The portion to be paid by each Municipal and
County member government will be based upon its pro rata share of population
within the MPO Planning Area, utilizing the most recent certified North Carolina
Office of State Planning municipal and county population estimates. In addition,
MPO members may also voluntarily contribute additional funds for other purposes
such as to participate in funding the costs of special studies, or other
specialized services as mutually agreed upon.
The Department will assist in
the transportation planning process by providing planning assistance, data and
inventories in accordance with the Prospectus. The Department, to the fullest
extent possible, and as permitted by existing State and Federal regulations,
will provide assistance in the protection of necessary rights-of-way for those
transportation corridors designated on the Transportation Plan.
Section III.
Parties to this Memorandum of
Understanding may terminate their participation in the Capital Area Metropolitan
Planning Organization by giving thirty (30) days written notice to the other
parties prior to the date of termination. If any party should terminate
participation, this memorandum of understanding shall remain in force and the
MPO shall continue to operate as long as 75% or more of the population within
the Metropolitan Planning Area is represented by the remaining members.
Section IV
In witness whereof, the parties
of this Memorandum of Understanding have been authorized by appropriate and
proper resolutions to sign the same, The Town of Angier by its Mayor, the Town
of Apex by its Mayor, the Town of Bunn by its Mayor, the Town of Cary by its
Mayor, the Town of Clayton by its Mayor, the City of Creedmoor by its Mayor, the
Town of Franklinton by its Mayor, the Town of Fuquay-Varina by its Mayor, the
Town of Garner by its Mayor, the Town of Holly Springs by its Mayor, the Town of
Knightdale by its Mayor, the Town of Morrisville by its Mayor, the City of
Raleigh by its Mayor, the Town of Rolesville by its Mayor, the Town of Wake
Forest by its Mayor, the Town of Wendell by its Mayor, the Town of Youngsville
by its Mayor, the Town of Zebulon by its Mayor, the Triangle Transit Authority
by its Chair, Franklin County by its Chairman of the Board of Commissioners,
Granville County by its Chairman of the Board of Commissioners, Harnett County
by its Chairman of the Board of Commissioners, Johnston County by its Chairman
of the Board of Commissioners, Wake County by its Chairman of the Board of
Commissioners, and by the Secretary of Transportation on behalf of the Governor
of the State of North Carolina and the North Carolina Department of
Transportation, this the ____________ day of ___________,2005.
(Seal)
TOWN OF
__________________________________by
____________________________________
Clerk
Mayor
ACTION:
Ms. Dorrel moved to approve the consent agenda; Ms. Robison provided the second;
council granted unanimous approval.
_________________________
d.
Consideration of adoption of a certificate of sufficiency and a
resolution calling for a public hearing to be conducted on September 8, 2005 for
annexation 05-A-15. The property is owned by Willard Mills, is located at 7828
Emery Gayle Lane, contains 61.34 acres, and is associated with rezoning
05-REZ-14 (Mills property) and 05-REZ-17 (conservation overlay).
(Mr. J.W. Shearin)
Annexation
Petition Number: 05-A-15
Property Address:
Wake
Real ID Number: Portion
0047510
Petition Date:
Proposed Effective Date:
9/8/2005
MEETINGS:
Town Council Certificate of Sufficiency:
8/11/2005
Staff Recommendation: Forward
to public hearing on 9/8/2005
Town Council Public Hearing: 9/8/2005
OWNERS:
Willard Mills
3529 Beaver Dam Road
Cary, NC
27519
LOCATION:
At the intersection of Green Level Church Road
and Mills Road
ZONING
& PROPOSED USE:
Current Zoning: Residential 40 (R-40)
Acreage: 61.34 plus 0.00 adjacent right of
way = 61.34
total acres
Corporate Limits: Non-contiguous
% Contiguity: 0.0%
Proposed Use: Residential
Associated Rezoning Case: 05-REZ-14
(Mills Property) and 05-REZ-17 (Conservation Overlay)
Associated Development Plan:
None
UTILITIES:
Water: 16" DIP 1,050' north
Sewer: 8"
PVC 1,540' north
DISTRICTS & TAX VALUE:
Fire District: Morrisville
Voting District: A
Tax Value: $327,570.89
ACTION:
Ms. Dorrel moved to approve the consent agenda; Ms. Robison provided the second;
council granted unanimous approval.
(Resolution
is also on file in the town clerks office.)
_________________________