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Home My Public Portal About20100818boardminutesITUR0M Board of Directors GiLPIUEL,LVEAL, 14ET120POLIT111 PLANNING ORGANIZATION August 18.2O10 12:15 p.m. BOARD MEMBERS PRESENT Lee Fritz, Designee for Donald ~Doc"Kritzer, Callaway County Larry Benz, P.E.Cole County Jeff Hoelscher, Designee for Marc B|ingar,Cole County David 8unge, Designee for David Griffith, Jefferson City Rich Koon.Chairman, Jefferson City Matt MuranohF!E..Designee for Charles Lansford Jefferson City Eric Barron, Designee for Jim Penfo|d`Jefferson City Janice McMillan, A|CP.Jefferson City Bob Weber, Jefferson City Michael Duoenburg.P.E.`Designee for Roger Sohsadze.P,E..MoDUT BOARD MEMBERS ABSENT Brian Crane, Holts Summit EX -OFFICIO MEMBERS PRESENT Bill Robina8.Designee for Steve Billings, K4mOOT EX -OFFICIO MEMBERS ABSENT Brad McMahon, Federal Highway Administration Jon Schmidt, Federal Transit Administration Alan Morrison, AJCP.Senior Transportation Planner Sonny Sanders, Planner | Anne Stratman, Administrative Assistant OTHERS PRESENT Nathan Nickulaua/City Counselor, City ofJefferson Dan Bax, City ofSt. Martins Carlene Bax, City of St. Martins Kent Brown, Local Attorney, Jefferson City Pamela Murray,Holts Summit Ben Yarnell, News Tribune 1. Call toorder, roll call, and determination ufnquorum Chairman Konn brought the meeting toorder at 12:15 p.m. In lieu of calling role, Chairman Koon asked everyone tointroduce themselves. Aquorum was pruoen(vvith10of11members inattendance. 2. Public Comments Nocomments were received. 3. Adoption ofthe Agenda amprinted uramended Mr. VVebo/ moved and Mr. Benz seconded toadopt the agenda as printed. The motion passed unanimously. 4. Approval ofthe Minutes from the Regular Meeting ofJuly 21. 2010 Mr. Benz moved and Mr. Duuenbury seconded toapprove the minutes from the Regular Meeting of July 21, 2010 as printed. The motion passed unanimously. MinuteArea Metropolitan Planning Organization Board ofDirectors August 18, 2010 Page 5. Communications from the Presiding Officer � Synopsis ofthe July 20.2O1OCost Share Committee Meeting. G. Reports A. Fhdicipation' N/dhdoewa/ and Financial Obligation Provisions in 8yuwa/Me/nonaodum of Understanding NabhanNicko/auo' City Counselor, City o/Jefferson Mr. Nickolaus explained that Callaway County previously submitted a 90 -day notice to withdraw from providing financial assistance for CAMP0. He stated that the yW()U provides that any organization wanting to withdraw to give a QU day notice, Mr. Nioko|uua commented that the Memorandum of Understanding (MOU)isambiguous. Hestated that there ienoprovision inthe K4OUthat would allow an organization to withdraw their financial obligation without withdrawing from the organization, Mr. Nickolaus explained that the fair reading of that statement would have to be that Callaway County is withdrawing from the organization. Mr. Koon inquired of Mr. Nioko|ouothat his interpretation was that Callaway County iswithdrawing from the organization. In response, Mr. Nickolaus explained that the provision allows them to withdraw their financial obligation that they agreed to in the [WOU and still maintain their participation in the organization. Mr. Monaucharrived et12:2Upm. Mr. Fritz, Callaway County Presiding Commiaoioner, commented that Callaway County and Holts Summit are not getting their fair share of the federal programs and federal dollars available. He stated that we feel like this Board is controlled byone entity. Mr. Fritz explained that a UG Congressman is looking into allegations on this. He stated that we have every right to sit at this toNa whether we financially participate ornot. Mr. Hoelscher asked for further clarification of Mr. N ickola LIS' statement. In response, Mr. Nickolaus explained that everyone within this organization signs the MOU and the MOU gives everyone the right to withdraw. He stated that there is no provision in the MOU that allows Callaway County to withdraw their financial obligation and still remain inthe organization. Mr. Hoelscher commented that it seems like they should be able to withdraw their financial obligation and still participate just maybe not as a voting member. He questioned whether the bylaws need to be changed. Mr. Fritz stated that the bylaw amendment that would have added two additional voting seats to the Board was not accepted bytwo ofthe entities. Mr. Koun commented that we are sort of at an impasse on that because we already voted on that issue. He inquired whether yW/. Fritz would like to make a motion to bring that up again Mr. Fritz explained that we do not feel that expanding Jefferson City's voting members to six is the right way to go. He stated that we do not believe that one entity should have more control than anyone else and that everyone should have onequal say. Mr. Fritz explained that Holts Summit should have a vote and the reason we did not approve that bylaw amendment was because the City ofJefferson expanded their voting members. Mr. Fritz moved and Mr. Hoelscher seconded to reduce Jefferson City's membership on the Board of Directors by two seats. Mr. Hoelscher commented that he would like more time to think about this and would like to see proposal from Callaway County. He stated that there is no reason to vote because I know how it is going to be voted on anyway. Mr. Hoelscher explained that the reason he entertained the motion was for discussion. He stated that we can vote on the motion or if Mr. Fritz withdraws his motion than | will withdraw mysecond. Mint iteslCapital Area Metropolitan Planning Organization Board ufDirectors August /f(20YD Page M/. Fritz withdrew his motion. Heasked Mr. Kent Brown, local attorney, for his opinion or) this matter. Mr. Koon clarified for Mr. Brown's benefit that the question Linder discussion evolves around whether or not an entity that signed the K4OU, that previously gave a gO day notice towithdraw financial participation, still has useat onthe Board. Mr. Brown cornmented that the MOU and the Bylaws are contradictory arid ambigirious. He stated that the geographical region is set independently from |he agreement therefore including them in the geographical region would not bedependent onfinancial Support. Mr. Nickolaus questioned whether they can withdraw frorn the part of the MOU that determines their financial obligation without withdrawing entirely from the organization. Mr, Brown explained that the answer might diffarboeedunwhutthespecificicsueie.Heshatadtha( there needs hzboare-negotiation ofeach ofthe agreements. Ma. McMillan explained that the MOU really doesn't govern howfederal funds might be distributed in the planning area. She stated that the MOU apooko to the relationship of certain entities on the Board and the financial support of the planning function. Ms. McMillan explained that is where participation comes inwith helping pay the local match. She stated that the question ishow isthe planning function going to be administratively supported, who is going to make up that 20 percent local match, Mr. Brown commented that he is unclear unthe relationship between payment and the decision making process. He stated that he did not think that financial participation was required to participate. Mr. Nickolaus explained that the MOU is essentially a contract and that contract says that Callaway County will meet a certain obligation. He stated that they have a right to withdraw but if they don't meet that obligation then they are inbreach ofthat contract. Mr. Koon suggested that Mr. Ninko|auaand Mr. Brown discuss this matter amongst ihamoe|vas before the next meeting. He proposed that the makeup of the Board remain as is unless there is u motion toamend the bylaws atafuture meeting. B. Technical Committee Rapod Nnreport aothe Technical Committee did not meet inAugust. 7. Public Hearings/Old Business A. Public Hearing on Amendment to the FY2010-2013 Transportation Improvement Program: TIP #2010-10 —Request by the Missouri Department of Transportation to add the Environmental |nnpuot Statement and Hardship RiAhi-of-VVoyPurchases and Scoping Project for the US/50 Interchange and Rex Whitton Expressway Improvement Project. Mr. Morrison referred to the summary sheet showing the revisions recently requested by MoDOT.He explained that the public comment period will need to be extended to September 15, 2010� Mr. Dusenberg explained that there has been a change in the funding source for the hardship right-of-- waypurohuaooasaouiu\adwiththeRexVVhiMonExpreuowayoonidorhnpnuementaHmub(od(huta T/onaportuUon. Community and System Preservation Program (TCSP) grant was approved by Congress and is an 80% federal and 20% local match program. Mr. Dusenbery explained that if tile funds are not used by September 2010they will be lost until the next federal appropriation bill is available. Hastated that previously wewere going touse a$1 million appropriation grant which iaa 100 percent earmark and does not expire. Mr. Dusonbergoxp|ained that we made a decision to use tile TCSP grant since it would expire if we did not use it. He stated that the only difference is the change from the annual appropriation of$1 million tothe TCSPgrant for $O88.0OOplus the 2Opercent local match 0f$222'00U. Mr. Dusenberg requested to extend tile public comment period to September 15, MinuteslCapita/AmaMetropolitan Planning Organization Board of Directois Mr. Koon stated that no action was necessary to extend the public comment period to September 15, 2018. B. Proposed FY2U11-2014Transportation Improvement Program Mr. Morrison explained that the draft FY2011-2014 TIP needs to be Put cut for public comment until the September 15.2018meeting. Mr. Koon stated that no action was necessary to initiate the public comment period. C. Draft FY3011 Unified Planning Work Program and Budget (UPVVP) Mr. Robinett requested that the certification of restrictions on lobbying that is included in the TIP also beincluded with the Consolidated Planning Agreement. Mr. Benz moved and Mr. Monaeuhseconded toadopt the FY2O11Unified Planning Work Program by Resolution RS2U1U-OG.The motion passed unanimously. O. Other Old Business A. Bylaw Amendments: Results ofthe bylaw amendment ratification Mr, Morrison explained that Callaway County, Cole County, Holts Summit, Jefferson Cityand MoDOT returned their ratification packets. He stated that the jurisdictions that did not return their ratification packets were Lake Mykee and St. Martins, Mr. Barron moved and Mr. Morasch seconded to close the ratification period. The motion passed with the following votes: Aye: Bange.Boxun. Benz, Dusenberg.Hoelscher, Kuon. McMillan, Monaeoh.Weber Nay.- Fritz Mr. Morrison explained that the two bylaw amendments that fell shod of the required two thirds ratification requirements were Section 5.1 Transportation Study Objectives and Section 11.1 Membership on the Board of Directors. Mr. Morasch moved and Mr. Weber seconded to adopt the amended bylaws. The motion passed with the following votes: Aye: Bange.Barron, Benz, Dusenbnrg.Hoelscher, Knon.McMillan, Morusuh.VVaber Nay: Fritz S. New Business A. Transit Scenario Funding: Requested by Missouri Department of Transportation Ms. McMillan explained that MoDOTrequested that transit agencies put together o scenario that Would provide statewide transit funding based on u ao|oo tax that would ganonaha o certain level of revenuefurthe State ofMissouri for transportation purposes. She stated that inthat scenario there was anoption for transit agencies that would provide 10%, 15%and 2O%ofthose funds !otransit agencies over u 10 year period. Ms. K4oK4iHan explained that the program identified byMoDUTwould probably have a 10 year sunset. She stated that JeffTran was asked to put together a list of potential projects which was distributed today. Ma. McMillan explained that we would be looking at funding our bus replacement program under the 10 percent and 15 percent scenario, She stated that under the 20 percent scenario there might boanopportunity toexpand service either byadding anadditional route or adding evening and Saturday service. Ms. McMillan explained that K4oO0Twanted LIS toshare these scenarios with the local transportation planning agencies because they could potentially use it in sharing with voters for what may be funded by statewide transportation yn|ea tax. Mr. Robinett commented that this is information MoDOT is collecting statewide to determine what a proposal would look like. 10. Other Business Minufmx/Copita/Area Metropolitan Planning Organizotiun August 18, 2010 Board ofDirectors Page 5 B. Mr. Dan Bax, Mayor Pro -tem, City ofSt. Medina. explained that they have not been active in CAMPO and would like to sit in and attend meetings. C. Mr. Dusnnbergannounced that MoOOTiareleasing additional Transportation Enhancement funds through the federal appropriation that extended the current highway bill through the end of the year. He explained that it involves combining our FY2010and FY2811 enhancement funds. Mr. DuoenburU stated that the District 5 share of these enhancement funds will be approximately $2.G million. He explained that MoDOT will be looking for project submittals and cautioned that this is a very aggressive timeframe. Mr. Duaanbarg stated that final p|ona, specifications and estimates nnux( be completed and ready for bid by November, 2011. He stated that the projects need to be su br-nitted to MoDOT by October, 2010 and project selection will take by place by the end of 2010. 11. Next Meeting Dote Wednesday, September 15, 2010 at 12:15 pm. in the Boone/Bancroft Room #200. City Hall, Jefferson City. 12. Adjournment Mr. Bonye moved and Mr. Dunenborg seconded to adjourn the meeting at 1�02 pm. Respectfully Submitted, Anne Stratman, Administrative Assistant