On June 12, 2000, the Council adopted a resolution which requested that the Durham-Chapel Hill-Carrboro Transportation Advisory Committee reallocate $23,000 of Surface Transportation Program Direct Allocation funds towards the construction of the Booker Creek Greenway. The resolution also directed the Manager to propose possible uses for the remaining $73,133 in Direct Allocation funds on July 5, 2000.
On June 27, 2000, the Planning Director sent a memorandum to the Bicycle and Pedestrian Advisory Board proposing reallocation of Direct Allocation Funds to raise the stormwater grates (please see attached memorandum). A local match of 20% would be required. In response to that memorandum, the Bicycle and Pedestrian Advisory Board petitioned the Town Council on October 11, 2000, as follows:
We have not yet written letters to members of our local legislative delegation, believing it would be more productive to first seek funds from sources previously suggested by the North Carolina Department of Transportation.
The Town Council asked the Town Manager to contact the NCDOT about the drop-offs left at catch basins after the State resurfaces streets with curb and gutter and to encourage them to sweep those streets regularly to make them more cyclist friendly.
Mr. Wayne Pein petitioned the Council requesting that the Town implement hazard striping adjacent to catch basins on roadways with significant bicycle traffic.
Town Manager wrote the NCDOT Division Engineer in response to the Town Council’s request on January 12th.
Division Engineer wrote back informing us that “A project of this type would need to be programmed in the Bicycle Section of the Transportation Improvement Program through the MPO process.”
“Street sweeping is not included in our routine maintenance program due to limited amount of funds available.”
Memorandum from the Town Manager to the Mayor and Town Council with above letters. The Town Manager informed the Council that “The Town staff will work with the State to resolve these issues to the extent possible.”
April 6, 1998 (originally submitted March 23)
The Town Council directed the Town Manager to include $3,750 in fiscal 1998-99 operating budget for striping at discussed locations. This action was consistent with Mr. Pein’s petition of January 26.
Subsequently these markings were installed.
Chapel Hill Parks and Recreation Commission petitioned the Town Council, requesting that additional action be taken to enhance safety (such as raising the stormwater grates).
February 14, 2000 (originally submitted to Town Council on January 24, 2000)
In response to the Chapel Hill Parks and Recreation Commission petition, the Bicycle and Pedestrian Advisory Board considered this matter at its meeting on January 11, 2000. They concluded that the Town should apply for any NCDOT safety-related funds to correct possible hazards and, if necessary, supplement the State funding with local funds. The Board also recommended that Town staff continue to address the need for State funding, including researching the possibility of successfully litigating the issue. The Board also recommended that the Town Council discuss the matter with our local legislative members.
The Town Manager recommended that “We presently do not have operating funds to modify these conditions, although the Council could identify current services that could be curtailed so that we could put resources towards this activity. We recommend that the Council direct the Manager to apply for NCDOT funds this spring.” Town staff had estimated the cost to raise the grates to be $43,200 to $57,000.
As a follow-up to the meeting on February 14th, the Town Attorney responded to a request from Town Council for additional information (in particular, the State’s legal responsibility for depressed stormwater grates and whether the Town could litigate the issue to determine the State’s obligation to raise the level of the grates). It was his opinion that “the law presently indicates the extent to which the State is responsible for maintaining its roads and that its responsibility for any incident involving a stormwater grate and a bicycle would be determined based on specific facts and circumstances involved.” He concluded, “filing a lawsuit and seeking a declaratory judgment likely would not result in more than a restatement of legal principles already established.”
The Attorney further stated that if the Town wishes to encourage the State to improve the current conditions with respect to storm grates within bicycle travel areas, the Town might want to continue to identify locations where there is a concern among bicyclists and bring such concerns to the attention of DOT staff. In addition, the Town could pursue the funding opportunities that might be available for the desired adjustments to stormwater grates.
The Bicycle and Pedestrian Advisory Board was asked to comment on the Planning Director’s proposal to use Direct Allocation Funds to raise drainage grates along three State maintained roads (Airport Road, Estes Drive and South Road) within Chapel Hill.
In response to the June 27th memorandum from the Planning Director, the Bicycle and Pedestrian Advisory Board petitioned the Town Council. They requested that the Town Council do the following:
· “Send a letter to the NCDOT noting the identified problems with the sunken grates, and asking for satisfactory reparation, to their own standards, of these hazards.” [Bicycle and Pedestrian Advisory Board]
· “Engage other municipalities in a discussion to determine if this kind of shoddy workmanship is the norm across the State, and, if so, bring this to the attention of the NCDOT and the media.” [Bicycle and Pedestrian Advisory Board]
· “Send a letter outlining these problems to our State senators and representatives, and to the appropriate General Assembly committees with oversight of the NCDOT.” [Bicycle and Pedestrian Advisory Board]
The petition was received and referred to the Town Manager, with the recommendation that the staff investigate the laws regarding the stormwater drainage repairs, and write letters recommended by the Bicycle and Pedestrian Advisory Board.
November and December, 2000
Staff from Public Works discussed this issue with NCDOT staff in response to Council direction on October 11th. In January, NCDOT staff responded by asking for a formal (written) request for further discussion and consideration.
December, 2000
Public Works staff checked with other local jurisdictions and found that the NCDOT practice in those jurisdictions was similar to that here (cf., they routinely do not adjust grates). Some municipalities with mutual agreements with NCDOT for maintenance of State highways within their jurisdiction have elected to use local funds to supplement State reimbursements for such work.
January 18, 2001
The Public Works Director wrote a formal request to the new NCDOT Division Engineer requesting that they raise ninety-five grates along three State roads.
February 19, 2001
The NCDOT Division Engineer answered our letter, indicating that “adjustment of the catch basin grates is beyond our routine maintenance program. A project of this magnitude would need to be programmed in the Bicycle Section of the Transportation Improvement Program through the MPO process.”
SUMMARY
NCDOT continues to maintain that the State lacks sufficient highway maintenance funds to respond favorably to our request to raise the grates. They suggest that we pursue other sources of funding for such work, including the Bicycle Section of the Transportation Improvement Program, and Direct Allocation Funds. (The latter funding requires a 20% local match.)
RECOMMENDATION
We recommend that the Council adopt the attached resolution directing the Manager to apply from the Bicycle Section of the Transportation Improvement Program for funding to raise approximately 95 grates along three State roads (Airport Road, Estes Drive and South Road) within Chapel Hill.
ATTACHMENTS
1. Memorandum from the Planning Director dated June 27, 2000, to the Bicycle and Pedestrian Advisory Board proposing reallocation of Direct Allocation funds to raise the stormwater grates (p. 7).
2. Petition Titled Repair of below surface drainage grates on roads within Chapel Hill from the Bicycle and Pedestrian Advisory Board to the Town Council dated 9/26/00 (p. 9).
3. Copy of the related Minutes of October 11, 2000, Town Council Meeting (p. 11).
A RESOLUTION DIRECTING THE TOWN MANAGER TO APPLY FOR INTERGOVERNMENTAL FUNDS TO RAISE STORMWATER GRATES ALONG THREE STATE ROADS IN CHAPEL HILL (2001-04-09/R-7)
WHEREAS, the Bicycle and Pedestrian Advisory Board has petitioned the Town of Chapel Hill to seek assistance from the North Carolina Department of Transportation to raise stormwater grates along three State roads in Chapel Hill; and
WHEREAS, State funding sources possibly available for such work include the Bicycle Section of the Transportation Improvement Program and Direct Allocation Funds;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith directs the Town Manager to apply for funding from the Bicycle Section Transportation Improvement Program of the North Carolina Department of Transportation to raise stormwater grates along Airport Road, Estes Drive and Raleigh Road.
This the 9th day of April, 2001.
Amended April 10, 2001.