Minutes 05 12 05
Cape Fear Public Transportation Authority MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY May 12, 2005 Ms. Christine B. McNamee, Chair, Presiding MEMBERS PRESENT Ms. Christine
McNamee, Chair Mr. Jeff Bellows, Vice-Chair Mr. Robert Ronne, Secretary Mr. William Bryden Ms. Nancy Pritchett Ms. Laura Padgett Ms. Maureen McCarthy Ms. Barbara Kane STAFF PRESENT Mr.
Albert Eby, Director Mr. Arlanda Rouse, Assistant Director Ms. Raquel Wilson, Administrative Assistant CONTRACT MANAGEMENT STAFF PRESENT Mr. Corey Johnson, General Manager, First Transit
Mr. Lamont Jackson, General Manager Paratransit, First Transit Mr. Bill Williamson, Regional Vice President, First Transit GUESTS PRESENT Ms. Dolores Williams, Assistant City Attorney,
City of Wilmington Ms. Annette Crumpton, Director, New Hanover County Department of Aging Ms. Deborah Houston, NCDOT-PTD Mr. Ricky Meeks, Citizen CALL TO ORDER Chairman McNamee called
the meeting to order at 12:09pm. APPROVAL OF MINUTES A motion to approve the minutes from the April 14, 2005 regular meeting of the Cape Fear Public Transportation Authority was made
by Ms. McCarthy. The motion was seconded by Mr. Ronne and carried unanimously. PUBLIC COMMENT The Chair asked if anyone in attendance would like to address the Authority. Mr. Ricky
Meeks asked if would there be another bus added to Route 6. Mr. Eby stated that staff would evaluate the request over the summer. Ricky Meeks recommended that the Castle Hayne Shuttle
and the Monkey Junction Shuttle run on Sundays. Mr. Eby stated that staff would evaluate the request over the summer.
Mr. Eby stated that staff needs determine ridership on the Castle Hayne Shuttle when CFCC is not in session. He stated that if there is an increase in non-student riders, it would
be in the best interest to include the Castle Hayne Shuttle on the weekend runs and also provide evening service. Mr. Eby stated that during initial planning it was recommended that
the Monkey Junction Shuttle operate on Sundays. He stated that due to the transfer situation of the Number 6 bus, it was not feasible to run the Monkey Junction Shuttle on Sundays.
If staff could provide an additional Number 6 bus on Sundays, service to Monkey Junction on Sundays would be revisited. Hearing no further comment, the Chair closed the public comment
period. CONTRACTOR SELECTION Chairwoman McNamee stated that at April 14, 2005 meeting of the Authority, presentations were made by companies that had submitted proposals for management
services for Wave Transit. She stated that Mr. Bryden and Mr. Eby were asked to investigate the financial impacts of the two proposals and give a report. Mr. Bryden stated that the
main concern was the difference in insurance rates for the companies. Mr. Bryden stated that First Transit offered a substantially lower employee health insurance rate to the Authority.
Ms. Padgett motioned that the Authority accept the proposal from First Transit for management services and to authorize the Chair to sign the contract for management services. The
motion was seconded by Ms. McCarthy and carried unanimously. FACILITIES COMMITTEE REPORT Chairwoman McNamee stated that she spoke with board member Howard Capps about his attendance
at Authority meetings. She stated that due to increased responsibility at work, he stated his desire to resign. Chairwoman McNamee stated that Mr. Capps would submit a written resignation
to the Wilmington City Clerk. Chairwoman McNamee asked if anyone was interested in replacing Mr. Capps as Facilities Committee Chair. Mr. Bellows stated that he would be interested
in serving as Chair of the Facilities Committee. The Chair asked if additional members would be willing to serve on the Facilities Committee. Mr. Bryden volunteered to serve on the
committee. Ms. McCarthy asked for an update on the site recommendation study for the transfer and operations center, specifically concerning the NCDOT borrow pit site. Mr. Eby stated
that staff had looked at a parcel with NCDOT and the Authority’s real estate consultant. NCDOT-PTD had significant issues about the land being brought up to standards. He stated that
NCDOT was concerned about fill and compaction rates and about wetlands issues. Mr. Eby stated that there was also an issue with having to replace the site with another suitable site
for NCDOT Highway Division 3. He stated that NCDOT asked the Authority to investigate the possibility of another site or sites.
He stated that staff was hopeful that an additional site that had been identified could be investigated quickly. Ms. Padgett asked if the Authority was in any jeopardy of loosing
any funding. Mr. Eby responded that the contract period of performance was from June 01, 2004 until September 30, 2006 and that funding was not in jeopardy. He also stated that the
Authority is able to apply for an extension for the period of performance if the facility is not finished within the contract period. Mr. Eby stated that the process was being driven
by NCDOT to some degree, and some of the time constraints were to meet NCDOT requests. Mr. Eby stated that he still was optimistic that construction could begin this year. Ms. Padgett
asked how many acres were needed. Mr. Eby stated that the consultant estimated that an ideal parcel that was rectangular shape would need to be a minimum of 8 acres. If the parcel
was an irregular shape, it would need to be approximately 11 to 12 acres. BUDGET AND FINANCE COMMITTEE REPORT The Chair recognized Committee Chairman Mr. Bryden to present the report.
Mr. Bryden stated that he proposed to Mr. Eby that they schedule a meeting with the Finance Director and bring the current budget and all the information that collected over the last
two months and refine the fiscal year 2005-2006 budget for presentation at the June 09, 2005 Authority meeting. PERSONNEL COMMITTEE REPORT The Chair recognized Committee Chairman Mr.
Ronne to present the report. Mr. Ronne stated that the new Finance Director, Mr. Mike Kincaid, would start on Monday, May 16, 2005. Ms. Padgett asked if he would be working 20 hours
a week. Mr. Ronne stated that he would be working between 20 and 30 hours a week. Mr. Ronne thanked everyone who responded to the evaluation. Mr. Bellows asked what type of database
the Finance Director would be working on. Mr. Eby stated that the Authority recently implemented a terminal server which allows all employees on Division Drive to log on to the server
at Castle Street would serve all Wave and contract employees. Mr. Bellows asked what type of security was in place to limit access and what precautions are being taken. Mr. Eby also
stated that the Authority’s technology contractor was very committed to making sure that the network was secure. AD HOC LONGE RANGE FINANCE COMMITTEE The Chair recognized Committee
Chair Mr. Bryden to present the report. Mr. Bryden had no report. MARKETING COMMITTEE Chairman McNamee recognized Ms. McCarthy to present the item. Ms. McCarthy stated that the
Committee was promoting a “How To Ride Guide,” currently in development. She stated that a jingle would be presented shortly and used on the radio, television, and on the website.
Ms. McCarthy also stated that the mascot costume was in production.
Ms. McCarthy stated that she spoke with Mr. Eby about putting numbers together in the Talking Phonebook and the Yellow Pages. Mr. Eby stated that staff has been able to consolidate
and get one message in all phonebooks. He also stated that staff was able to make a deal with Bellsouth Yellow Pages for a trade of advertising space. Ms. McCarthy stated that the
committee was also putting together a Power Point presentation. Ms. McCarthy said that she was also putting together a committee that would get public comment to advise the Authority.
She stated that they were working on a brochure that would include the free trolley, city bus information and special needs information. She stated that the information would be
in one brochure to inform the public that services provided were under a single public transportation authority. Chairwoman McNamee stated that the committee had previously discussed
a map that would include different tourist sites and show which bus routes ran near them. Ms. McCarthy stated that the pocket maps have the tourist sites, historic sites, museums,
and other points of interest. Chairwoman McNamee stated that the Authority appreciated all the hard work that the Marketing Committee was doing to make the public aware of the bus
service in order to increase ridership. Mr. Bryden stated that the challenge for the new Route 4 was for passengers going to the Forum or Landfall Center and the fact that they would
have to cross Military Cutoff. Mr. Bryden inquired about a pedestrian crossing at any of the intersections. Mr. Eby stated that NCDOT did not include pedestrian crossings as part
of the project because if would slow down traffic. Mr. Ronne asked Mr. Eby if there was still a possibility of Wrightsville Beach get bus service. Mr. Eby stated that it was in the
proposed route restructuring, but by general statue Wrightsville Beach has the right to refuse bus service. Mr. Ronne asked about the possibility of using a smaller bus. Mr. Eby
stated that they staff has considered using a trolley in order to get transit service on Wrightsville Beach. Mr. Eby stated that until the transfer center site was selected and timetables
concerning route restructuring could be developed, there was no need to approach Wrightsville Beach. STAFF REPORT Chairman McNamee recognized Mr. Eby to give the staff report. Mr.
Eby stated that the first item was the NCDOT Facility Contract Agreement. Mr. Eby stated the contract between the Authority and NCDOT was for funds in the amount of $7,967,000 with
a 10% local match for the transfer maintenance and administration facility. He stated that the period of performance was from June 1, 2004 with an expiration date of September 3, 2006.
The resolution would allow the Chair to sign the contract and enter into an agreement with NCDOT for funding of the project on behalf of the Authority. Ms. Padgett motioned to authorize
the Wave Transit Chair to sign the contract document with NCDOT for the Moving Ahead project. The motion was seconded by Mr. Bellows and carried unanimously. Mr. Eby stated that
the next agreement was the NCACC Liability and Property Insurance Pool Agreement.
Mr. Eby stated that the contract was for liability insurance for Authority vehicles. He stated that the agreement was through the New Hanover County Department of Risk Management.
He stated that the Authority saved an estimated $100,000 by switching to the NCACC, and the deductible decreased from $100,000 to $25,000. Ms. Padgett motioned to authorize the Wave
Transit Chair to sign the contract document for the NCACC Liability and Property Insurance Pool Agreement. The motion was seconded by Ms. McCarthy and carried unanimously. Mr. Eby
stated that the next agreement was also with the NCACC for Workers’ Compensation Insurance Pool. He stated that the Workers’ Compensation Pool currently covers Authority staff. Mr.
Eby stated that the annual rates for three employees are currently $268.00 and would increase slightly by adding the Finance Director. Mr. Eby stated that staff has also asked Risk
Management for a Public Official’s Bond for the Finance Director since he would be handling large amounts of money. Mr. Bellows made a motion to authorize the Wave Transit Chair to
sign the contract document for the NCACC Worker’s Compensation Insurance Pool. The motion was seconded by Mr. Ronne and carried unanimously. Mr. Eby recognized Mr. Rouse to present
the proposed No Show Policy. Mr. Rouse stated that he met with the different agencies and informed them of the problem that they are having with Paratransit no shows. He stated that
staff had developed a policy which follows the Federal Regulations. He stated that the Federal Regulations states that the Authority is allowed to implement a policy to address no
shows. He stated that the County realized a $30,000 loss in fiscal year 2004, due to no shows. Mr. Bellows asked if Mr. Rouse could determine how many no shows from last year would
have fallen under this policy. Mr. Rouse stated that the majority of FY 04 no shows would have been affected by the proposed policy. Mr. Rouse stated that under the proposed policy,
clients would receive a written letter as well as a phone call after two no shows. Mr. Bellows asked how no shows would be tracked. Mr. Rouse stated that Wave and First Transit staff
were currently tracking no shows through billing, and documenting on an Excel spreadsheet. Ms. McCarthy asked if the no shows would have the agency listed on the bill. Mr. Rouse
stated that the bills were separated by agencies. He also stated that certain agencies pay for no shows and other agencies don’t pay for no shows. Mr. Bellows asked how staff determines
who pays for no shows. Chairwoman McNamee stated that it depends on the agency contract and the subsidizing agency. Ms. McCarthy asked if the caseworker would be contacted. Mr.
Rouse stated that he would send the letter to the client and notify the caseworker of the action that was taken. Mr. Bellows asked how they would know who the clients’ caseworker was.
Mr. Rouse stated that each client’s caseworker was listed in the Authority’s database. Mr. Bellows stated that they would need to inform the board significant problems with no shows.
Mr. Ronne stated that he was not comfortable with the idea of terminating someone’s services.
Mr. Bellows asked if staff could add the words “transportation services by Wave Transit may be terminated” to the policy. Ms. Pritchett stated that staff should consider adding “terminated
but subject to appeal at a later date.” Ms. Pritchett moved approval of the No Show Policy with the amendment of an appeal process. The motion was seconded by Ms. McCarthy. The
motion carried. Mr. Rouse stated that the Federal Regulations state that if the Authority has a process of suspending or terminating services that they must have an appeal process
in place. Mr. Rouse stated that under this process there are two types of appeals: Denial of Disability Certification and Suspension or Termination of Services. He stated that under
the appeals process the Authority would not have to provide transportation during the appeal, and clients must appeal within 21 days of receiving the suspension of or termination of
services letter. Mr. Rouse stated that the client had up to 60 days to file the appeal for the the denial of eligibility. He also stated that the decision of the appeals board would
be the final decision. Additional appeals, if pursued be forwarded to the courts under the Americans sith Disabilities Act. Mr. Bellows asked if the policy had been reviewed by legal
counsel. Mr. Eby stated that the policy had not been reviewed by counsel but the information came directly from the federal regulations. Mr. Bellows stated that the policy would
need to be reviewed by counsel. Ms. Padgett asked who the members of the appeals board were. Mr. Rouse stated that they do not have an appeals board in place but are planning to
place one person from each agency on the appeals board. Ms. Pritchett asked if the process would include a member of the general public. Mr. Rouse stated that he had planned to have
one person from the general public on the appeals board. Mr. Bellows asked how other authorities handle appeals. Mr. Rouse stated that other authority’s leave the appeals process
up to members members of the staff or by an appeals board as proposed. Mr. Rouse stated that Federal Regulations state that the person making the initial decision could not be involved
in the appeals process. Mr. Bryden stated that the appeals policy needed to be more specific as to the names of the organizations involved. Ms. McCarthy asked if the appeals process
was going to effect ADA eligibility. Mr. Rouse stated that there was not a criterion for eligibility in place. Mr. Bellows stated that he was concerned about having an objective
appeals board. Ms. Padgett stated that they should have an attorney review the policies. Mr. Bellows asked who determines who the representative would be from each agency. Mr.
Rouse stated that the agency chooses who the representative would be. Mr. Bellows stated that he thinks there needs to be some revisions to the makeup of the policy. Ms. Padgett
stated that the Authority needs to be informed by staff if a client’s service is terminated. She suggested staff to to make the decision, and in rare instances where there needs to
be an appeal it come to the Authority. Mr. Bellows asked Mr. Rouse if he could make the recommended changes.
Mr. Rouse stated that he would make the necessary changes and bring to the June 09, 2005 meeting of the Authority. Staff also agreed to have counsel review the documents. Mr. Eby
stated that the next item on the agenda was the JARC Grant. Mr. Eby stated that NCDOT agreed to present the Authority proposal for the Columbus Connector to the NCDOT Board of Transportation.
He stated that funding was eminent, but CTAA had to authorize the grant application after NCDOT Board approval. He stated that the Authority has received notification from the NC
Department of Commerce affirming their portion of funding. He stated that that NCDOT asked was when the route would be implemented. Mr. Eby stated that he responded that when the
Authority receives the contract from NCDOT the route would be implemented. Chairwoman McNamee stated that the Authority was not willing to begin the route without the contract. Ms.
Padgett asked which agency NCDOT would present the proposal to. Mr. Eby stated that it would be CTAA which is the Community Transportation Association of America. He stated that
CTAA was a rural and Paratransit public interest group. Mr. Eby stated that the process would be complete by mid summer. Mr. Bellows asked if the contract would cover all their direct
cost. Mr. Eby stated that the contract would cover the direct cost for one year. Ms. Padgett stated that the proposed foundation could bring in a private sector funding to support
future cost if the initiative were successful. Mr. Eby stated that at the request of the Brunswick County coalition on the TAC, NCDOT Board member Mr. Wilson was able to secure half
of the funding for The Brunswick Connector for fiscal year 2005-2006. Mr. Eby stated that the Authority currently has an Interlocal agreement with Brunswick Transportation stating
that since they were a part of the UZA, Wave Transit would make available a portion of FTA 5307 funding for Brunswick County initiatives. Mr. Eby stated that the final item on the
agenda was the Interlocal agreement between the City of Wilmington and Wave Transit for long term funding Mr. Eby recognized Assistant City Attorney Dolores Williams to present the
item. Ms. Williams stated that the agreement would have the city pay the Authority its budgeted appropriation as soon as the fiscal year began. She stated that the city’s share of
capital projects would be paid upon presentation of an invoice to the city. She stated that the City was willing to advance other funds as needed over the budgeted amount to deal with
deficits. Ms. Williams stated that when Wave Transit receives FTA and NCDOT funding, the Authority would repay those funds that were advanced over and above the budgeted amount before
the end of the fiscal year. She stated that there were certain conditions within the agreement to protect the City financially to make sure that the funds were used properly. Ms.
Pritchett asked it the County Attorney’s office had reviewed this document. Ms. Williams stated that she emailed emailed the information to the County Attorney’s office, but was not
informed if they had reviewed the agreement. Ms. Pritchett asked that the item be continued until the County Attorney’s office could review the contract. Chairwoman McNamee continued
the item until the June 09, 2005 meeting.
OTHER BUSINESS, SCHEDULING OF NEXT MEETING Chairwoman McNamee asked if there were any other items to come before the board. Mr. Bryden stated that he was involved with the Wilmington
Railroad Museum and the development of the northern riverfront could impact the future of the museum. Mr. Bryden stated that one option was to have the museum partner with the Authority
as part of the Multimodal Transportation Center. Mr. Bryden stated that he would like an indication of the Authority’s opinion of the suggestion. Mr. Ronne stated that he thinks
that it would be a great theme for the building. Mr. Bryden agreed to keep the Authority informed of the issue. Mr. Williamson stated that First Transit and ATU Local 1328 had reached
a three year agreement on a labor contract. Mr. Bellows stated that he would like the Authority to reach out to CFCC to let them know that the Authority is willing to work with the
college to help meet their transportation needs. Chairwoman McNamee directed staff to comprise a letter offering Wave assistance. Hearing no further business a motion to adjourn
was made by Mr. Ronne. The motion was seconded by Ms. Kane and carried unanimously. Respectfully Submitted, Albert Eby Director /rw