STAFF REPORT
Operations Committee,
December 6, 2007
Debris Management Plan (PWUT08-11)
Consideration of adoption of the Debris
Management Plan
Speaker: Mr. Mike Bajorek
From:
Michael J. Bajorek, Interim Director of Public Works and Utilities
Prepared by: Scott Hecht, Solid Waste Division Manager
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager
The Federal Emergency Management Agency (FEMA) has encouraged State and local governments to take a proactive approach to coordinating and managing debris removal operations as part of their overall emergency management plan. Communities with a debris management plan are better prepared to restore public services and ensure public health and safety in the aftermath of a disaster, and they are better positioned to receive the full level of assistance available to them from FEMA.
On October 4, 2006, President Bush signed the DHS Appropriations Act. That legislation directs FEMA to conduct a Public Assistance (PA) Pilot Program. Within that program, FEMA will increase the Federal Cost share by 5%, not to exceed 100% of the total Federal cost share, to local governments that have a FEMA-approved Debris Management Plan. This plan must be formally adopted by the applicant and approved prior to a disaster. To be considered as formally adopted, the plan must have been put into effect either through the enactment of an ordinance, statute, legislation, executive order or a similar method.
In 2007, staff began working with Wake County, FEMA and NCDOT to develop a Debris Management Plan. This plan supports the Town of Cary Emergency Response Plan by establishing to clear, remove and dispose of debris from natural disasters. These natural disasters may include, but are not limited to, hurricanes, tornados, thunderstorms, floods, snow and ice storms. The plan establishes procedures and guidelines for managing disaster debris in a coordinated, environmentally responsible and cost effective manner.
Summary of Debris Plan
The plan itself is broken into several categories as outlined below:
Fiscal Impact: There will be no fiscal or operating impacts, as the plan will better prepare the Town should a natural disaster occur. In addition, the plan establishes a means for FEMA reimbursement as funds are spent to restore the Town to pre-event conditions.
Staff Recommendation: Staff recommends adopting the Debris Management Plan and approving the Memorandum of Agreement between the Town of Cary and NCDOT.
between the
North Carolina Department of Transportation
and the
Town of Cary
This Memorandum of Agreement (hereinafter, “Agreement”) is made on the last date entered below between the North Carolina Department of Transportation (hereinafter, “NCDOT”) and the Town of Cary (hereinafter, “Town”) (collectively referred to hereinafter as “the Parties”) for the emergency removal of debris during a State of Disaster or Imminent Threat of Disaster and/or a State of Emergency declared pursuant to Chapters 14 and 166A of the North Carolina General Statutes.
WHEREAS, during a declared State of Disaster or Imminent Threat of Disaster which implements the North Carolina Emergency Operations Plan (hereinafter, “NCEOP”), NCDOT may be called upon to perform certain functions, including the removal of debris from the right of way of public roads and streets, pursuant to the NCEOP; and
WHEREAS, Town has requested that it be allowed the opportunity and responsibility to perform certain of those NCDOT functions as set forth in the NCEOP in order to assure that its citizens are served and protected; and
WHEREAS, the Parties have conferred as to the best methods and practices to allow the Town to assume these responsibilities;
NOW THEREFORE, the Parties agree as follows:
1. For purposes of this Agreement, the following definitions shall apply:
A. “Secondary Roads” shall mean those roads maintained by NCDOT that are identified by a four-digit SR number.
B. The term “Eligible Storm Debris” shall be such debris as shall be eligible for reimbursement by the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management (hereinafter, “DEM”) or the Federal Emergency Management Agency (hereinafter, “FEMA”) during a particular State of Disaster, Imminent Threat of Disaster or State of Emergency.
C. “FHWA Routes” shall mean those routes for which FHWA does provide NCDOT with reimbursement, generally Interstate routes, US-designated routes, NC-designated routes, and certain secondary routes within the Town eligible for FHWA reimbursement and listed on Attachment A.
D. “Non-FHWA Routes” shall mean those routes for which FHWA does not provide reimbursement, generally rural secondary roads rights of way within the Town and those urban secondary roads within the municipalities within the Town. The non-FHWA routes are those routes within the Town, which are not listed on Attachment A.
2. During a State of Disaster or Imminent Threat of Disaster and/or a State of Emergency declared pursuant to Chapters 14 and 166A of the North Carolina General Statutes and upon a determination by the Parties that is desirable that Town be responsible for removal of debris from the right of way of public State System Roads, NCDOT shall issue to Town a written Notice to Proceed with debris removal.
3. Town shall remove and dispose of (1) Eligible Storm Debris on all non-FHWA routes and (2) Eligible Storm Debris except woody debris and sand on FHWA routes. In so doing, Town shall comply with all FEMA and DEM requirements regarding storm removal and disposal including landfill quantity calculations and site disposal costs. Any debris contract between the Town and any other party must be reviewed and approved by DEM and FEMA.
4. Town shall apply directly to DEM and/or FEMA for reimbursement in accordance with the rules, regulations and procedures of those agencies. Any reimbursement must be governed by the rules, regulations and procedures of those agencies, and NCDOT shall not be responsible for any portion of reimbursement to Town.
5. Town is responsible for complying with all NCDOT rules and regulations including, but not limited to, safety, insurance, and traffic control in accordance with the Manual on Uniform Traffic Control Devices, and Town shall hold NCDOT harmless in all matters arising from or related to this Agreement. Further, Town shall be responsible for all damage or injury to persons or to private property occurring as a result of the debris removal activities pursuant to this Agreement, and Town shall hold NCDOT harmless in all matters arising there from.
6. Town shall be responsible for repair of any damages to the state maintained right of way, which may be caused by debris removal operations undertaken pursuant to this Agreement. All repairs shall be made to the satisfaction of the Division Engineer of the Highway Division in which Town is located, and the Division Engineer’s judgment in this regard shall be final.
7. Town shall remove all Eligible Storm Debris even if such removal requires multiple passes on a particular route and shall continue until the mutually agreed upon completion date. All work pursuant to this Agreement shall be done to the satisfaction of the Division Engineer of the Highway Division in which Town is located, and the Division Engineer’s judgment in this regard shall be final.
8. All work pursuant to this Agreement shall be completed by a date mutually agreed to by DEM, FEMA, NCDOT and Town.
9. This Agreement may be modified only upon the written consent and approval of both Parties.
10. This Agreement shall be in effect from the last date written below until December 31, 2007. This Agreement may be terminated by either party upon submission of a thirty-day advance written notice of termination. No notice of termination shall be effective for debris removal pursuant to any Notice to Proceed already issued by NCDOT. It is the intention of the Parties to discuss the renewal of this Agreement on an annual basis. Such renewals, if mutually agreed upon, shall be evidenced by an executed Supplemental Memorandum of Agreement. The Parties may choose to negotiate new or changed terms at the time of renewal.
11. To provide consistent and effective communication between the Parties, each party shall appoint a Principal Representative to serve as its central point of contact responsible for coordinating and implementing this Agreement. The Principal Representative of the NCDOT shall be Chief Engineer Operations or his designee. The Principal Representative of the Town shall be the Town Manager or his designee.
This Agreement shall be effective on the date of the last signature below.
IN WITNESS WHEREOF, the Parties have each executed this Agreement, this the _____ day of December, 2007.
DEPARTMENT OF TRANSPORTATION
BY: _________________________________
Signature
_________________________________
Print Name
_________________________________
Title
DATE: _________________________________
ATTEST: _______________________________
Name and Title
TOWN OF CARY
BY: William B. Coleman, Jr.
Town Manager
BY: _________________________________
Signature
DATE: _________________________________
ATTEST:
________________________________________
Town Clerk
DOT Roadways within the Town of Cary Municipal Limits
|
DOT Roads within Town Limits |
|
|
|
N ACADEMY ST |
|
S ACADEMY ST |
|
ALSTON AVE |
|
ARTHUR PIERCE RD |
|
BLANCHE DR |
|
BUCK JONES RD |
|
CARPENTER FIRE STATION RD |
|
CARPENTER UPCHURCH RD |
|
NW CARY PKY |
|
NW CARY PKY |
|
SE CARY PKY |
|
CARY PKWY TO US 1 RAMP NB |
|
CARY PKWY TO US 1 RAMP SB |
|
CARY TOWNE BLV |
|
CHAPEL HILL RD |
|
E CHATHAM ST |
|
W CHATHAM ST |
|
COLLINS RD |
|
CROSSROADS BLV |
|
DAVIS DR |
|
E DURHAM RD |
|
EDERLEE DR |
|
EDINBURGH DR |
|
EVANS RD |
|
GREEN HOPE SCHOOL RD |
|
GREEN LEVEL CHURCH RD |
|
GREEN LEVEL TO DURHAM RD |
|
GREEN LEVEL WEST RD |
|
GREGSON DR |
|
N HARRISON AVE |
|
S HARRISON AVE |
|
HARRISON AVE TO I 40 RAMP EB |
|
HARRISON OAKS BLV |
|
HIGH HOUSE RD |
|
HOLLY SPRINGS RD |
|
HOUSE RD |
|
I 40 |
|
I 40 EXIT 287 RAMP WB |
|
I 40 EXIT 293 RAMP EB |
|
I 440 EXIT 1 RAMP OL |
|
|
|
DOT Roads within Town Limits |
|
|
|
STREET |
|
I 40 EXIT 293 RAMP EB |
|
JAMISON PARK DR |
|
JENKS CARPENTER RD |
|
JONES FRANKLIN RD |
|
KILDAIRE FARM RD |
|
LAKE PINE DR |
|
LEWEY DR |
|
NE MAYNARD RD |
|
NW MAYNARD RD |
|
SE MAYNARD RD |
|
SW MAYNARD RD |
|
MCCRIMMON PKY |
|
MORRISVILLE CARPENTER RD |
|
NC 55 HWY |
|
NELSON RD |
|
OKELLY CHAPEL RD |
|
OLD APEX RD |
|
OLD RALEIGH RD |
|
OLD TRINITY CIR |
|
OPTIMIST FARM RD |
|
PENNY RD |
|
PINEY PLAINS RD |
|
REEDY CREEK RD |
|
TEN TEN RD |
|
TRIMBLE AVE |
|
TRINITY RD |
|
TRUELOVE DR |
|
TRYON RD |
|
TURNER CREEK RD |
|
US 1 HWY |
|
US 1 EXIT 101 RAMP NB |
|
US 1 EXIT RAMP NB |
|
US 1 EXIT RAMP SB |
|
US 64 HWY |
|
VERA RD |
|
WALNUT ST |
|
WALNUT ST TO US 1 RAMP NB |
|
WEST LAKE RD |
|
WESTON PKY |
|
YATES STORE RD |