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January 17, 2012 (Regular Meeting) Page 942 <br />Section 5311 <br />FY 2013 RESOLUTION <br />Applicant seeking permission to apply for Community Transportation Program <br />funding, enter into agreement with the North Carolina Department of <br />Transportation, provide the necessary assurances and the required local <br />match. <br />A motion was made by Commissioner Robert W. Carruth and seconded by <br />Commissioner H. Jay White, Sr. for the adoption of the following resolution, <br />and upon being put to a vote was duly adopted. <br />WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and <br />the Governor of North Carolina have designated the North Carolina Department <br />of Transportation (NCDOT) as the agency responsible for administering federal <br />and state public transportation funds; and <br />WHEREAS, the North Carolina Department of Transportation will apply for a <br />grant from the US Department of Transportation, Federal Transit <br />Administration and receives funds from the North Carolina General Assembly to <br />provide assistance for rural public transportation projects; and <br />WHEREAS, the purpose of these transportation funds is to provide grant monies <br />to local agencies for the provision of rural public transportation services <br />consistent with the policy requirements for planning, community and agency <br />involvement, service design, service alternatives, training and conference <br />participation, reporting and other requirements (drug and alcohol testing <br />policy and program, disadvantaged business enterprise program, and fully <br />allocated costs analysis); and <br />WHEREAS, Cabarrus County hereby assures and certifies that it will provide <br />the required local matching funds; that its staff has the technical capacity <br />to implement and manage the project, prepare required reports, obtain <br />required training, attend meetings and conferences; and agrees to comply with <br />the federal and state statutes, regulations, executive orders, Section 5333 <br />(b) Warranty, and all administrative requirements related to the applications <br />made to and grants received from the Federal Transit Administration, as well <br />as the provisions of Section 1001 of Title 18, U. S. C. <br />NOW, THEREFORE, be it resolved that the (Authorized Official's Title)* County <br />Manager of (Name of Applicant's Governing Body) Cabarrus County Board of <br />Commissioners is hereby authorized to submit a grant application for federal <br />and state funding, make the necessary assurances and certifications and be <br />empowered to enter into an agreement with the NCDOT to provide rural public <br />transportation services. <br />(G -5) County Manager - Update on Proposed Development at Corner of Union <br />Street and Corban Street <br />Jonathan Marshall, Deputy County Manager, advised the Concord Rotary <br />Club submitted a proposal to develop county property located at the corner of <br />Union and Corban Streets into a public square. In response to issues raised <br />at the work session, he reported: (1) private use of the square will not be <br />permitted; (2) the County will collect the trash on weekdays and groups using <br />the facility on weekends will be responsible for emptying the trash; (3) with <br />regard to the water feature and liability concerns, a number of entities with <br />similar facilities were contacted and none reported having any incidents; (4) <br />the possibility of water contamination (cryptosporidium) from the water <br />feature is not a factor because the water is not re- circulated; and (5) a <br />meeting was held last week with Concord Downtown Development Corporation and <br />the Concord Rotary where a four -party agreement was discussed between <br />Cabarrus County, Concord Rotary, City of Concord and the Water and Sewer <br />Authority of Cabarrus County (WSACC). <br />Richard Koch, County Attorney, responded to a question from the Board <br />regarding liability responsibility. A general discussion ensued. Several <br />Commissioners expressed support for the project. <br />Mike Downs, County Manager, advised that requests to use the project <br />should be directed to the County Manager's office. Discussion continued. <br />UPON MOTION of Commissioner Carruth, seconded by Commissioner White and <br />unanimously carried, the Board approved the plan for the development of the <br />corner of Corban Avenue and Union Street South as presented by the Rotary <br />Club of Concord and authorized the County Manager and County Attorney to <br />finalize the details. <br />