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2000-10-02 RM Exhibits RESOLUTION ESTABLISHING A COOPERATIVE RELATIONSHIP BETWEEN THE CITY OF WILMINGTON AND NEW HANOVER COUNTY FOR THE IMPROVEMENT OF TRANSPORTATION FACILITIES IN NEW HANOVER COUNTY WHEREAS, the City of Wilmington is the lead planning agency for the Wilmington Urban Area Metropolitan Planning Organization and New Hanover County is a participant in the transportation planning process as provided for in a Memorandum of Understanding dated December 7, 1991, and WHEREAS, the Wilmington Urban Area Transportation Plan 1999-2025 dated June 4, 1999 has been adopted by New Hanover County, the City of Wilmington, the other urban area jurisdictions, and the North Carolina Department of Transportation, and WHEREAS, the County of New Hanover and the City of Wilmington recognize that traffic and transportation concerns are shared between jurisdictions irrespective of jurisdictional boundaries, and WHEREAS, the underlying assumptions for the growth in traffic in the Wilmington Urban Area on which the Wilmington Urban Area Transportation Plan 1999-2025 are based on the existing zoning in New Hanover County and the other Wilmington Urban Area jurisdictions, and WHEREAS, the City of Wilmington and New Hanover County recognize that many property owners will seek more intense uses of their property that will generate more traffic than anticipated in the development of the Urban Area Transportation Plan, and WHEREAS, it is the desire of the City of Wilmington and New Hanover County to insure thatthe transportation network and in particular the roadway network will meet the public's desire for a safe and efficient transportation network, and WHEREAS, North Carolina Counties ineluding New Hanover County arc forbidden from spending funds on road building and improvement projects, and WHEREAS, upon agreement between the City of Wilmington and New Hanover County the City of Wilmington may perform roadway construction work and all functions necessary for the construction and improvement of roads within the jurisdiction of New Hanover County, NOW THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners agrees that the City of Wilmington and New Hanover County establish a cooperative relationship for the improvement of the street network in New Hanover County Under the ternlS of this agreement New Hanover County can dedicate funds for road improvements necessary due to new development under special use or conditional use permitting or the subdivision approval process for use by the City of Wilmington for the construction of the necessary improvements. Furthermore, the City Council and the Board of Commissioners direct their respective staff to create an ongoing mechanism to implement the terms of this Resolution. Adopted this the 2" day of October, 2000 1J~ Q. ~ Chairman Attest:. ~ ~,<r( ~/ Cle to the Board . ~' q.;,'. ~ MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE, COMPREHENSIVE AND CONTINUING TRANSPORTATION PLANNING AND THE ESTABLISHMENT OF A RURAL TRANSPORTATION PLANNING ORGANIZATION FOR The County of Brunswick, the County of Columbus, the County of New Hanover, the County of Pender, and the North Carolina Department of Transportation. WITNESSETH ythereas, section 135 of Title 23, United States Code, declares that it is in the national interest to encourage and promote the deyelopment 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 Caroliha 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 Transporta.tion Planning Organizations (RPO's), similar in concept to Metropolitan Planning Organizations (MPO's), for transportation planning in North Carolina's urban areas; and Whereas, the establishment of a Rural Transportation Planning Organization (RPOj, similar in concept to the-urban Metropolitan Transportation Planning Organizations (MPO's) 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 planninKfor rural areas; and, Whereas, the establishment of a Rural Transportation Planning Organization for the four county Region "0" area would assist the North Carolina Department of Transportation in complying with the provisions of the Transportation Equity Act for the 21" Century (TEA 21), enacted June 9,1998, relative to the participation oflocal 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 PI~ning Organization for the four-county Region "0" Planning Area; the following memorandum of understanding is made. Section 1. It is hereby agreed, that the County of Brunswick, the County of Columbus, the County of New Hanover, the County of Pender, 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 outlines in the following: 1 To develop long-range local and regional multi~modal transportation plans in cooperation with the area MPO and the North. Carolina Department of Transportation. 2. Provide a forum for public participation in the rural transportation planning process. 3. Develop and prioritize suggestions for transportation projects which the Rural Transportation Planning Organization believes should be included in the State Transportation Improvement Program. 4 To conduct transportation related studies and surveys for local governments and other interested entities/ organizations. 5. To undertake mutually agreed upon transportation related tasks to enhance transp<?rtation ~. system development, coordination and efficiency Section 2. 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 Region "0" 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 to serve as the lead local planning agency for coordinating transportation planning in the four county planning area. 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; to assist in the dissemination and clarification of the decisions, inclinations, and policies of the policy boards; and to help ensure meaningful public participation in the rural transportation planning process. 1. The Rural Transportation Advisory Committee will be responsible for carrying ou t the following: A. Establishment of goals, priorities, and objectives for the transportation planning process. B. Endorsement, review, and approval of changes to adopted Transportation Plans for the Rural Transportation Planning Organization. C. Endorsement, review, and approval of a work program for transportation planning which defmes work tasks and responsibilities for the various agencies participating in the Rural Transportation Planing Organization (RPO). D Endorsement, review, and approval of transportation improvement projects which support and enhance intra~county transportation within the four county Rural Transportation Planning Organization (RPO). 2. The membership of the Rural Transportation Advisory Committee shall consist of the following: A. One County Commissioner representing the County of Brunswick. One municipal elected official from each municipal local government outside of the MPO in Brunswick County B. One County Commissioner representing the County of Columbus. One municipal elected official from each local government in Columbus County C. One County Commissioner representing the County of New Hanover One municipal elected official from each municipal local government outside of the MPO in New Hanover County D One County Commissioner representing the County of Pender One municipal elected official from each municipal local government in Pender County E. One member of the Region "0" Council of Govemments' Executive Board. F All members of the North Carolina Board of Transportation representing the Department of Transportation Divisions 03 and 06. 3. The County Commissioner representing each County on the RTAC shall be elected every two years by the Board of County Commissioners of each County in regular session. The municipal RTAC representative shall be selected by the municipal elected board of each municipality in regular session 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. -' 4 The Rural Transportation Advisory Committee (RTACI will meet as often as it is deemed necessary, appropriate and advisable. One the basis of majority vote of its membership, the Rural Transportation Advisory Committee may appoint a member of the committee to act as chairperson with the responsibility for coordination of the committee's activities. 5. The Transportation Planner of the Region ....0" Council of Governments' will serve as staff to the RTAC. Section 4. Establishment of Rural Transportation Technical Committee (RTTC). A Rural Transportation Technical 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 (RTAC) regarding any necessary actions relating to the continuing transportation planning process. 1. The RifC shall be responsible for development, review. and recommendation for approval of the rural transportation planning work program for the RPO, the Transportation Improvement Program, and revisions to the Transportation Improvement Program. 2. Membership of the Rural Transportation Technical Committee (RifC) shall include technical representatives from all local and state governmental agencies directly related to and concemed 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 (or his/her designer) from each of the four counties of the RPO planning area. B. The Chief Administrative Official (or his/her designee) from each municipality in the Region "0", RPO planning area. C. Executive Director and Transportation Planner, Region "0" Council of Governments. D Division Engineer serving the 3m Division of Highways. North Carolina Department of Transportation, or his/her designated representative. E. Division Engineer, 6th Division of Highways, North Carolina Department of Transportation, or his/her designated representative. F Manager, Statewide Planning Branch. Planning and Environment, North Carolina Department of Transportation. or his/her designated representative. G. Area Traffic Engineer, Division of Highways, Traffic Engineering Branch, North Carolina Department of Transportation. 3. The Rural Transportation Technical Committee shall meet when it is deemed necessary. appropriate and advisable. The Rural Transportation Technical Committee will be staffed by the Region "0" Transportation Planner who will act as a Chairperson with the responsibility for coordinating the committee's activities. Membership of the Rural Transportation Technical Committee may be altered on the basis of a majority vote of its membership and approval of the Rural Transportation Advisory Committee of the RPO Section 5. It is further agreed that all participating agencies will assist in the Rural Transportation planning process by providing planning assistance (where possible), data, and inventories in accordance with the approved work program. Section 6. Parties to this Memorandum of Understanding may terminate their participation in the continuing transportation planning process by giving 90 days written notice to the other parties to the date of termination. .... Section 7. In witness whereof, the parties of the Memorandum of Understanding have been authorized by appropriate and proper resolutions, and/or legislative authority to sign this Memorandum of Understanding, this the _day of , 2000 Brunswick County Clerk to the Board By" Chairman Columbus County Clerk to the Board By' Chairman ~~v~ New Hanover County C k to the Board V~O.~ By' Chairman Pender County Clerk to the Board By' Chairman NC Department of Transportation Witness By: Secretary Region 0 Council of Governments Clerk By: Executive Director ~CAffiffi\R COUNCil, OF GVlERNMFNlS ,Jt.- .... MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE, COMPREHENSIVE AND CONTINUING TRANSPORTATION PLANNING AND THE ESTABLISHMENT OF A RURAL TRANSPORTATION PLANNING ORGANIZATION FOR The County of Brunswick, the County of Columbus, the County of New Hanover, the County of Pender, 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 (RPO's), similar in concept to Metropolitan Planning Organizations (MPO's), for transportation planning in North Carolina's urban areas; and Whereas, the ~stablishment of a Rural Transportation Planning Organization (RPO), similar in concept to the urban Metropolitan Trf!Jlsportation Planning Organizations (MPO's) 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 T~ansportation Planning Organization for the four county Region "0" area would assist the North Carolina Department of Transportation in complying with the provisions of the Transportation Equity Act for the 21 st Century rrEA 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 fOf the four-county Region "0" Planning Area; the following memora~duin of understanding is made. Section 1. It is hereby agreed, that the County of Brunswick, the County of Columbus, the County of New Hanover, the County of Pender, and the North Carolina Department ofTr,ansportation intend to establish and participate in a Rural Transportation Planning Organization created for the general purposes and responsibilities outlines in the following: 1 To develop long-range local and regional multi-modal transportation plans in cooperation with the area MPO and the North Carolina Department of Transportation. 2. Provide a forum for public participation in the rural transportation planning process. 3. Develop and prioritize suggestions for transportation projects which the Rural Transportation Planning Organization believes should be included in the State Transportation Improvement Program. 4 To conduct transportation related studies and surveys for local governments and other interested entities/organizations. . 5. To undertake mutually agreed upon transportation related tasks to enhance transportation system development, coordination and efficiency Section 2. 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 Region "0. Council of Govemments, an agency selected on behalf of participating local governments and the North Carolina Department of Transportation, to be the administrative entity and to serve as the lead local planning agency for coordinating transportation planning in the four county planning area. 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; to assist in the dissemination and clarification of the decisions, inclinations, and policies of the policyboards; and to help ensure meaningful public participation in the rural transportation planning process. 1 The Rural Transportation Advisory Committee will be responsible for carrying out the following: A. Establishment of goals, priorities, and objectives for the transportation planning process. B. Endorsement, review, and approval of changes to adopted Transportation Plans for the Rural Transportation Planning Organization. C. Endorsement, review, and approval of a work program for transportation planning which defmes work tasks and responsibilities for the various agencies participating in the Rural Transportation Planing Organization (RPO). D. Endorserrient, review, and approval of transportation improvement projects which support and enhance intra-county transportation within the four county Rural Transportation Planning Organization (RPO). 2. The membership of the Rural Transportation Advisory Committee shall consist of the following: A. One County Commissioner representing the County of Brunswick. One municipal elected official from each municipal local government outside of the MPO in Brunswick County B. One County Commissioner representing the County of Columbus. One municipal elected official from each local government in Columbus County C. One County Commissioner representing the County of New Hanover One municipal elected official from each municipal local government outside of the MPO in New Hanover Coun ty D. One County Commissioner representing the County of Pender One municipal elected official from each municipal local govemment in Pender County E. One member of the Region "0" Council of Governments' Executive Board. F All members of the North Carolina Board of Transportation representing the Department of Transportation Divisions 03 and 06. 3. The County Commissioner representing each County on the RTAC shall be elected every two years by the Board of County Commissioners of each County in regular session. The municipal RTAC representative shall be selected by the municipal elected board of each municipality in regular session every two years. A simple majority vote wins the seat. The tenn of office for all seats on the RTAC is two years. Re-appointment is possible. : 4 The Rural Transportation Advisory Committee (RTAC) will meet as often as it is deemed necessary, appropriate and advisable. One the basis of majority vote of its membership, the Rural Transportation Advisory Committee may appoint a member of the committee to act as chairperson with the responsibility for coordination of the committee's activities. 5. The Transportation Planner of the Region "0" Council of Governments' will serve as staff to the Rl'AC. Section 4. Establishment of Rural Transportation Technical Committee (RTTCI. A Rural Transportation Technical 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 (RTAC) regarding any necessary actions relating to the continuing transportation planning process. 1 The RTTC shall be responsible for development, review, and recommendation for approval of the rural transportation planning work program for the RPO,the Transportation Improvement Program, and revisions to the Transportation Improvement Program. 2. Membership ofthe Rural Transportation Technical Committee (RTI'C) shall include technical representatives from all local and state govemmental agencies directly related to and concemed with the transportation planning process for the RPO planriing area. Initially, the membership shall include, but may not be limited to, the following: A. County Manager (or his/her designer) from each of the four counties of the RPO planning area. B. The Chief Administrative Official (or his/her designee) from each municipality in the Region '0', RPO planning area. C. Executive Director and Transportation Planner, Region "'0" Council of Govemments. D Division Engineer serving the 3m Division of Highways, North Carolina Department of Transportation, or his/her designated representative. E. Division Engineer, 6th Division of Highways, North Carolina Department of Transportation, or his/her designated representative. F Manager, Statewide Planning Branch, Planning and Environment, North Carolina Department of Transportation, or his/her designated representative. G. Area Traffic Engineer, Division of Highways, Traffic Engineering Branch, North Carolina DeparanentofTransportation. 3. The Rural Transportation Technical Committee shall meet when it is deemed necessary. appropriate and advisable. The Rural Transportation Technical Committee will be staffed by the Region "0" Transportation Planner who will act as a Chairperson with the responsibility for coorc;!inating Q.1_e cpmmittee's activities. _M~mbership of the Rural Transportation Technical Committee may be altered on the basis of a majority vote of its membership and approval of the Rural Transportation Advisory Committee of the RPO. Section 5. It is further agreed that all participating agencies will assist in the Rural Transportation planning process by providing planning assistance (where possible), data, and inventories in accordance with the approved work program. Section 6. Parties to this Memorandum of Understanding may terminate their participation in the continuing transportation planning process by giving 90 days written notice to the other parties to the date of termination. Section 7. In witness whereof, the parties of the Memorandum of Understanding have been authorized by approp.~te and proper resolutions, and/or legislative authority to sign this Memorandum of Understanding, this 'the ~day of s.;,.:;r- , 2000. Q~ C. q4~ erk to the Board By: ~ Brunswick County ~ ~/.... nI. Chairman J ~ 0J< }1, ,L ~rk to the Board' ~ # ~bUS County , B n'1"YJ~ C airman ~'</ ~. rk to the Board By: New Hanover County W~ (J. ~4 Chairman Cl rk to the Board .~~ BY.l_ -7, /5.-- Chairman NC Department of Transportation Witness By: Secretary /.$/c(L /Clerk Region 0 Council of Governments tor By: ~MffAR COUNClL OF OOIERNMEII"IS NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: FALCON COURT IN PRINCE GEORGE ESTATES WHEREAS, the aI/ached petition has been filed with the Board of Count v Commissioners of the County of New Hanover requesting that the above described road(s), the loeation of which has been indicated in red on the attached map, be added to the Secondarv Road Svstem; and WHE."'REAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved bv the Board of Commissioners of the Countv of New Hanover that the Division of Highways is herehv requested to review the above described road(.\), and to take over the road(~) for rnaintenance if they meet established standards and criteria. CERTIFICA TE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 2nd day of October. 2000 WITNESS my hand and official seal this the~ day of ~ 2000 ~/~~ Cler to the Board New Hanover County Board of Commissioners Form SR-2 Please No~e: Forward directly to the District Engineer, Division of Highways. resolute.wp NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: ROADS IN LAKEMOOR AND BERKLEIGH SUBDIVISIONS IN NORTHCHASE DEVELOPMENT WHEREAS, the aI/ached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting thaI the above described road(.s), the location o/which has been indicated in red on the aI/ached map, be added to the Seconda~v Road System, and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s} should be added to the Secondary Road System, if the road{.,} meets minimum standards and criteria established by the Division af Highwavs of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners afthe Countv of New Hanover that the Division of Highways is hereby requested to review the above described road(s}, and to take over the road(s} for maintenance if they meet established standards and criteria. CERTIFICATE WITNESS my hand and official seal this th~~ 2000 ~\:/ /JLk! Cle to the Board - New nover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. resolute. 'vp . t'l STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE COUNTY OF NEW HANOVER Review ofFCC-1240, FCC-l205, and FCC-1235 for Regulated Cable Service Provided by Time Warner Cable ) ACCOUNTING AND ) TOLLING ORDER EXTENDING ) THE REVIEW PERIOD DEADLINE ) TO JANUARY 31, 2001 WHEREAS, on October 3,2000, Time Warner Cable submitted an FCC-1240 Updating Maximum Permitted Rates filing for Regulated Cable Service with the City, Time Warner Cable's filing includes estimates for external costs, and costs associated with system upgrades it may incur during the period ofJanuary I, 200 I through December 31, 200 I, along with previous external costs from the "true up" period ofJanuary I, 2000 through December 31,2000 and Cable Network Upgrade expenses; WHEREAS, the Federal Communications Commission has promulgated rate filing procedures that allow cable operators to estimate future external costs, and costs associated with system upgrades, and recover those projected costs utilizing the FCC-1240 filing process, performed annually; WHEREAS, the County is certified with the FCC to regulate basic cable service rates and services within City; and the FCC has assigned the City with the responsibility of verifYing that all elements of the Social Contract are fulfilled by the cable operator as they pertain to the City; and, WHEREAS, the FCC allows cable franchise authorities the ability to toll the time in which to review rate filings submitted by cable operators, extending the period of review from the initial 30 days, to an additional 90 days (120 days total) past the original date of receipt by the franchise authority IT IS THEREFORE ORDERED: THAT, the time period in which the County has to review Time Warner Cable's FCC-1240 rate filing is tolled 90 days past the original 30 days (120 days total) allowed by the FCC, extending the total review period deadline; and THAT, Time Warner Cable is directed to maintain a complete and accurate accounting of all costs and revenues associated with the aforementioned FCC-1240 filing. ISSUED BY ORDER OF THE COUNTY OF NEW HANOVER This the 9th day of October 2000 Attest: New Hanover County ~x0'~ lerk to the Board tj~ O. ~ William Caster, Chairman Deliver via Certified U.S Mail to Time Warner Cable File copy to Robert F Sepe, Action Audits