BCHD does not have the legal authority to execute the agreement or begin work. BCHD is outside the scope of the agreement with Metro that designated 1200-feet of bike path. BCHD is only executed 400-feet with no path for the other 800-feet. Since BCHD cannot complete the scope, it cannot spend $1.4M+ of Measure M funds on (2/3rds of the funding) on only 1/3rd of the project. Further, the only funding agreement in place requires the entire project and has no provision other than amendment for changes. This contract must be deferred until such time that an amendment is available for public review and opposition.

Furthermore, BCHD's cost of the project is astronomical and unreasonable. BCHD has 250-feet of 4 lane, paved divided street on Diamond and 150-feet of paved, 2 lane Flagler Alley as for the "as is". The deferred maintenance on the hill slide caused by BCHD's lack of property walls and maintenance is a BCHD cost issue. It is NOT a bike path issue.

In any event, BCHD's $1.4M+ cost for 400-feet results in $300 per INCH for development. According to UNC-Chapel Hill, the highest survey cost is $100 per FOOT. Yet BCHD makes the false and specious argument that costs have increased by 300% and that justifies a project cost that is 3,500% increased of the highest study cost. That is clearly BCHD's PR machine spending more taxpayer funds on deception.

If BCHD moves forward without a funding amendment, it is in clear violation of the current Measure M agreement.