Agenda - 03-10-20; 8-j - Agreements for Right-of-Way Encroachments on Primary and Secondary Highways

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2 An Encroachment Agreement is necessary for any encroachment into NCDOT right-of-way. Since the four proposed shelters are located within the incorporated areas of the towns, the Encroachments Agreements that have been recommended are of a three-party nature. NCDOT owns the right-of-way, Orange County is the project sponsor, and the towns are each a party, as each will take the ownership and maintenance of the shelters following construction. Attachment 2 includes the Encroachment Agreement between NCDOT, Orange County and the Town of Hillsborough for three shelters. The Eclipse-Arch model transit shelter to be used at the three sites is made in the USA by Brasco International, is 5' x 10', black in color, and is equipped with solar lighting and USB connector. This shelter is on the NCDOT approved list for shelters in its right-of-way, has been recommended by Town staff, approved by the Historic District Commission, presented to the Town Board of Commissioners, and matches the shelter that is planned and currently under construction at the River Park entranceway on Churton Street. Based on a previous BOCC requested, staff has and will continue to work with the manufacturer and request that the benches used in the shelters not include "anti-vagrant" rest dividers. While not an exact match of specifications, pictures of this model can be viewed via the following link: https://www.brasco.com/products/bus-stop-shelters/eclipse/sloped/ Attachment 3 includes the Encroachment Agreement between NCDOT, Orange County and the Town of Chapel Hill for one shelter. The Slim-Line model transit shelter to be used at this site is made in the USA by Brasco International, is 5' x 10', black in color, and is equipped with solar lighting and USB connector. The bench will not include "anti-vagrant" rest dividers. This shelter is also on the NCDOT approved list for shelters in its Right-of-Way, has been recommended by Town staff, and matches other shelters that currently exist in Chapel Hill. While not an exact match of specifications, pictures of this model can be viewed via the following link: https://www.brasco.com/products/bus-stop-shelters/slimline/dome/ Next Steps: Each town will be asked to take action on their respective agreements prior to final NC Board of Transportation (BOT) approval. Orange County Planning staff is in coordination with the respective town staffs. The Hillsborough Board of Commissioners will consider the Agreement on its consent agenda on March 9, 2020, and Town of Chapel Hill staff is conferring with the Town Attorney to determine if Council action is required on the Agreement or if the Town Manager has the authority to sign. Orange County Asset Management Services (AMS) will manage the construction of the shelters in coordination with a staff team consisting of representatives from the County's Planning and Inspections Department and representation from the respective towns. As mentioned previously, the towns will take ownership and maintain the shelters following construction. FINANCIAL IMPACT: There is no direct financial impact to the County associated with this item. Funding has already been secured for this project through the half-cent public transit sales tax and reflected in the FY 20 Transit Work Plan. Small bus capital projects, such as bus stop improvements, are handled on a reimbursement basis. As a result, the funding and off- setting revenues are also reflected in Orange County's FY 20 budget.