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Minutes 07 01 04 Cape Fear Public Transportation Authority MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY July 01, 2004 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. Fannie Freeman Mr. John Stukes Ms. Laura Padgett Ms. Maureen McCarthy STAFF PRESENT Mr. Albert Eby, Director Ms. Deborah Houston, Assistant Director CONTRACT MANAGEMENT STAFF PRESENT Mr. Bill Williamson, Regional Vice-President, First Transit Mr. Corey Johnson, General Manager, First Transit Mr. Lamont Jackson, General Manager-Paratransit, First Transit GUESTS PRESENT Mr. Ricky Meeks, Citizen Mr. Mark Tinkler, Sr. Transportation Planner, City of Wilmington Mr. Jonathan David, Associate Transportation Planner, City of Wilmington Ms. Annette Crumpton, Director, New Hanover County Department of Aging Mr. Kemp Burpeau, Deputy County Attorney, New Hanover County Ms. Dolores Williams, Assistant City Attorney, City of Wilmington Mr. Jeff Crouchley, Planner, NCDOT-PTD Ms. Patricia Melvin, Assistant County Manager, New Hanover County Ms. Lawless Bean, TDM Coordinator, City of Wilmington CALL TO ORDER  Chair McNamee called the meeting to order at 12:22pm. APPROVAL OF MINUTES  A motion to approve the minutes from the June 10, 2004 regular meeting of the Wilmington New Hanover Transportation Agency Board of Directors was made by Mr. Bryden. The motion was seconded by Ms. Pritchett and carried unanimously.  A motion to approve the minutes from the June 29, 2004 special meeting of the Wilmington Transit Authority was made by Mr. Bellows. The motion was seconded by Mr. Stukes and carried unanimously. ELECTION OF OFFICERS  The Chair called for nominations for Chairman, Vice-Chairman and Secretary.  Mr. Bryden made a motion to nominate the following members:  Ms. Christine McNamee – Chairman  Mr. Jeff Bellows – Vice Chairman  Mr. Robert Ronne – Secretary  Mr. Stukes seconded the motion.  The Chair called for additional nominations.  Hearing none, Ms. McCarthy made a motion to close the nominations.  A second to close the nominations was made by Ms. Pritchett.  The motion to close the nominations passed unanimously.  The motion to elect Ms. McNamee as Chairman, Mr. Bellows as Vice-Chairman and Mr. Ronne as Secretary carried unanimously. ASSUMED NAME CERTIFICATIONS  Ms. Williams informed the Board that in order for the Authority to do business as Wave Transit, assumed name certificates would have be filed with the register of deeds for New Hanover and Brunswick Counties  Ms. Padgett made the motion that the Cape Fear Public Transportation Authority do business as Wave Transit.  Mr. Bellows seconded the motion which carried unanimously. MANAGEMENT AGREEMENTS  Ms. Williams updated the Board on the status of the management agreement between the City of Wilmington and First Transit.  She stated that on Jun 29, 2004 the Wilmington Transit Authority agreed to authorize execution of the management agreement between the City of Wilmington, the Wilmington Transit Authority and First Transit Inc., and assignment of the agreement to the Cape Fear Public Transportation Authority in a form approved by the City Attorney.  A motion to accept the final agreement and assignment to the Cape Fear Public Transportation Authority was made by Ms. Padgett and seconded by Mr. Stukes.  The motion carried unanimously.  Mr. Burpeau stated that the agreement between New Hanover County and First Transit for a one-year extension to the current management agreement had been finalized.  Ms. Pritchett made a motion to accept assignment of the agreement.  The motion was seconded my Mr. Bryden and carried unanimously. LEASE AGREEMENTS  Ms. Williams stated that a lease agreement between the City of Wilmington and the Authority that would allow all facilities, contents and vehicles owned by the City to be leased to the Authority for an annual payment of one dollar was complete.  Mr. Eby stated that although the City was willing to allow the Authority to take official ownership of the assets, re-titling all the property would be an unnecessary expense.  Ms. Padgett made a motion authorizing the Authority to enter into the lease agreement with the City of Wilmington for facilities, contents and vehicles in the amount of $1.00 annually. Mr. Bryden seconded the motion.  The motion carried unanimously.  Mr. Burpeau stated that a similar agreement to the lease agreement with the city had been prepared by New Hanover County allowing the Authority to lease county owned facilities, contents and vehicles for one dollar per year.  Mr. Bryden made a motion to enter into the lease agreement with New Hanover County for facilities, contents and vehicles in the amount of $1.00 annually. Ms. McCarthy seconded the motion.  The motion carried unanimously. INSURANCE AGREEMENT  Ms. Williams stated that staff had been working with the New Hanover County Risk Management Department to provide liability insurance for the Wave Transit fleet.  Mr. Eby explained that previously management contractors were responsible for securing this type of coverage.  By having staff secure the coverage, the Authority would realize significant savings.  Ms. Williams asked for a motion allowing the Director to represent the Authority in acquiring liability insurance.  Mr. Stukes made a motion authorizing the Director to sign and represent the Authority in acquiring liability insurance from New Hanover County Risk Management.  Ms. McCarthy seconded the motion, which carried unanimously. TRANSITION PERSONNEL POLICY  The Chair recognized the Director, Mr. Eby to present the Transition Personnel Policy.  Mr. Eby explained that the policy was approved at the June 10, 2004 meeting of the Wilmington New Hanover Agency.  The policy was developed by the personnel committee to address conflicts between city and county personnel policies. The policies would govern Authority personnel in the event of a conflict or in the absence of a necessary policy.  The policy being presented was unchanged from its adopted form.  Ms. McCarthy made a motion to adopt the Transition Personnel Policy.  The motion was seconded by Ms. Freeman and carried unanimously.  Mr. Eby explained that the agreement for the City and County to provide payroll and benefits to Authority employees was set to expire on December 31, 2004. This agreement could be extended by agreement of all parties.  He further explained that it was staff’s goal to have personnel policies as well as payroll and benefit systems in place prior to the December 31, 2004 deadline. ADOPTION OF 2004 OPERATING BUDGET  The Chair recognized Budget Committee Chairman Mr. Bryden to review the fiscal year 2004-2005 budget as adopted by the Wilmington New Hanover Transportation Agency (WNHTA).  Mr. Bryden stated that the budget was being presented without modification since adoption at a regular meeting of the WNHTA on May 13, 2004.  Mr. Bryden made a motion to approve the budget adopted by the WNHTA.  The motion was seconded by Ms. Padgett and carried unanimously. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY  The Chair recognized Mr. Eby to introduce the DBE Policy.  Mr. Eby explained the policy.  After minor changes to syntax and minor grammatical changes, Ms. Padgett made a motion to approve the DBE Policy.  Mr. Stukes seconded the motion which carried unanimously. TRAVEL TRAINING POLICY  The Chair recognized Mr. Eby to introduce the Travel Training Policy.  Mr. Eby explained the policy, stating that the policy had been developed by the Human Services Representative to the Board and approved by the full Board on June 10, 2004.  After minor changes to syntax and minor grammatical changes, Ms. McCarthy made a motion to approve the Travel Training Policy.  Ms. Padgett seconded the motion which carried unanimously. CHARTER BUS POLICY  The Chair recognized Mr. Eby to introduce the Charter Bus Policy.  Mr. Eby explained the policy, stating that the policy was identical to a policy passed by the Wilmington Transit Authority (WTA) on March 13, 2003.  After minor changes to syntax and minor grammatical changes, Mr. Bryden made a motion to approve the Charter Bus Policy.  Ms. Padgett seconded the motion which carried unanimously. BUS ETIQUETTE POLICY  The Chair recognized Mr. Eby to introduce the Bus Etiquette Policy.  Mr. Eby explained the policy.  After minor changes to syntax and minor grammatical changes, Ms. Padgett made a motion to approve the Bus Etiquette Policy.  Mr. Stukes seconded the motion which carried unanimously. PUBLIC COMMENT POLICY  The Chair recognized Mr. Eby to introduce the Public Comment Policy.  Mr. Eby explained the policy.  After minor changes to syntax and minor grammatical changes, Mr. Ronne made a motion to approve the Public Comment Policy.  Mr. Bryden seconded the motion which carried unanimously. SAFETY AND SECRITY POLICY  The Chair recognized Mr. Eby to introduce the Safety and Security Policy.  Mr. Eby explained the policy.  After minor changes to syntax and minor grammatical changes, Mr. Ronne made a motion to approve the Safety and Security Policy.  Ms. McCarthy seconded the motion which carried unanimously. DRUG FREE WORKPLACE POLICY  The Chair recognized Mr. Eby to introduce Drug Free Workplace Policy.  Mr. Eby explained the policy.  After minor changes to syntax and minor grammatical changes, Ms. McCarthy made a motion to approve the Drug free Workplace Policy.  Ms. Pritchett seconded the motion which carried unanimously. DRUG AND ALCOHOL POLICY  The Chair recognized Mr. Eby to introduce the Drug and Alcohol Policy.  Mr. Eby explained the policy.  After minor changes to syntax and minor grammatical changes, Mr. Ronne made a motion to approve the Drug and Alcohol Policy.  Ms. McCarthy seconded the motion which carried unanimously. ADVERTISING POLICY  The Chair recognized Mr. Eby to introduce the Advertising Policy.  Mr. Eby explained the policy, stating that the policy had been developed by the Marketing Committee.  After minor changes to syntax and minor grammatical changes, Mr. Bryden made a motion to approve the Advertising Policy.  Ms. McCarthy seconded the motion which carried unanimously. EMPLOYEE GREIVANCE POLICY  The Chair recognized Mr. Ronne to introduce the Employee Grievance Policy.  Mr. Ronne explained the policy, stating that it addressed deficiencies or conflicting city and county polices that govern Authority employees.  After minor changes to syntax and minor grammatical changes, Mr. Ronne made a motion to approve the Employee Grievance Policy.  Ms. McCarthy seconded the motion which carried unanimously. EMPLOYEE GREIVANCE POLICY  The Chair recognized Mr. Ronne to introduce the Employee Conflict of Interest Policy.  Mr. Ronne explained the policy, stating that it addressed deficiencies or conflicting city and county polices that govern Authority employees.  After minor changes to syntax and minor grammatical changes, Ms. McCarthy made a motion to approve the Employee Grievance Policy.  Mr. Ronne seconded the motion which carried unanimously AUTHORITY FINANCE DIRECTOR  The Chair recognized Mr. Eby to introduce the item.  Mr. Eby explained that the Authority needed to name a Finance Director who would have the responsibility for Authority Bank accounts, audits and financial matters that could not be legally handled by Authority staff.  Mr. Eby stated that the Finance Director for the Wilmington Transit Authority and Wilmington New Hanover Transportation Agency was the City of Wilmington Finance Director.  He further stated that the City Finance Director, Mr. Brent McAbee was willing to serve as the Authority Finance Director for fiscal year 2004-2005.  This agreement was allowable in the Interlocal Agreement between the Authority the City of Wilmington and New Hanover County.  Mr. Bryden made a motion to name the City Finance Director as the Finance Director to the Authority for the period from July 01, 2004 through June 30, 2005.  Ms. Pritchett seconded the motion which carried unanimously. AUTHORITY LEGAL COUNSEL  The Chair recognized Mr. Eby to introduce the item.  Mr. Eby explained that the Authority needed to legal counsel to assist staff in the completing the merger.  He stated that due to the amount of anticipated legal dealings for the period of July 01, 2004 through June 30, 2005, the Authority would be better off financially if it continued to utilize the pro bono legal services of the City of Wilmington and New Hanover County legal departments.  Mr. Eby stated that Legal counsel for the Wilmington Transit Authority and Wilmington New Hanover Transportation Agency was performed by the City of Wilmington and New Hanover County legal departments.  He further stated that the Assistant City Attorney, Ms. Dolores Williams and Deputy County Attorney Mr. Kemp Burpeau were willing to serve as the Authority Legal Counsel for fiscal year 2004-2005.  This agreement was allowable in the Interlocal Agreement between the Authority the City of Wilmington and New Hanover County.  Mr. Bellows made a motion to name the Assistant City Attorney and the Deputy County Attorney as Legal Counsel to the Authority for the period from July 01, 2004 through June 30, 2005.  Ms. Pritchett seconded the motion which carried unanimously. OTHER BUSINESS, SCHEDULING OF NEXT MEETING  Ms. McCarthy stated that GTV Channel 8 was listing that the Authority would be providing shuttle services for the Battleship fireworks show on July 04, 2004.  She asked if this were in fact the case.  Ms. Houston stated that it was not the case and that she had been made aware of the issue earlier in the day and would have the City Public Information Office discontinue the notice.  The next meeting was scheduled for August 12, 2004 at 12:00pm in the Wave Transit Board Room.  Hearing non further business, Ms. McNamee called for a motion to adjourn.  Ms. Pritchett made a motion to adjourn, Ms. McCarthy seconded the motion and the meeting adjourned at 2:47pm. Respectfully Submitted, Albert Eby Director