capital metropolitan transportation … · stafford - 6/1/2013 langmore - 6/1/2011 chafetz -...

CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY

BOARD OF DIRECTORS MEETING

2910 East Fifth Street Austin, TX 78702

~ MINUTES ~ Executive Assistant/Board Liaison Gina Estrada

512-389-7458

Monday, January 25, 2010 4:08 PM Meeting Called To Order 4:00 PM 8:24 PM Meeting Adjourned

I. Call to Order Attendee Name Title Status Arrived Norm Chafetz Board Member Present Beverly Silas Board Member Present John Langmore Board Member Present Frank Fernandez Board Member Present Ann Stafford Board Member Present John Cowman Board Member Present Mike Martinez Board Member Present Chris Riley Board Member Present

II. Pledge of Allegiance

III. Recognition: Mike Manor

IV. Action Items: 1. Resolution CMTA-2010-2 Resolution for Board Member

Approval of a Resolution for Board Member Mike Manor. Mayor Pro Tem Martinez read the resolution to recognize Board Member Mike Manor for his service on the Board of Directors and thanked him for his service. Doug Allen thanked him and stated how he really enjoyed working with him, his dedication, good points, being fair and direct and then presented him with a commemorative lifetime pass and a gift bag from Capital Metro. Mike Manor - Thanked CAMPO, Mayor Pro Tem for opportunity to serve on the Board, his leadership, thanked community, organization and staff for being supportive. He also wanted to thank 3 people who had went above and beyond duty, Yvonne Allen, Gina Estrada and Nora Muse for all their help and support. Mr. Manor also spoke about his grandmother, showed a picture of Rosa Parks & John F. Kennedy that he always takes with him, and said for everyone to do the right thing. He also wanted to thank Senator Watson and Eddie Rodriquez for the new Board.

Board of Directors Printed 3/31/2010

Regular Meeting Minutes January 25, 2010

RESULT: ADOPTED [UNANIMOUS] MOVER: John Cowman, Board Member SECONDER: John Langmore, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Cowman, Martinez,

Riley

2. Resolution CMTA-2010-3 Election of Officers Election of Capital Metro Board Officers. The Board elected Mayor Pro Tem Martinez as the Chairman, John Langmore as Vice-Chairman, and Beverly Silas as Secretary. Mayor Pro Tem thanked all the Board Members for their support and stated he looks forward to serving in this position. "I don't plan on staying in this position long, my goal and my job is to get this agency going in the right direction we all want it and where we can meet our transportation needs. I thank you all and I will do all that I can to not let you all down."

RESULT: ADOPTED [UNANIMOUS] MOVER: Norm Chafetz, Board Member SECONDER: John Cowman, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Cowman, Martinez,

Riley

3. Resolution CMTA-2010-4 Election of Board Committees and Chairpersons Appointment of Board Committees and Chairpersons of Each Committee. The following committees were established and members and Chairs were appointed to each committee: Search Firm Committee: Chafetz (Chair), Silas, Langmore, Fernandez and Robert Goode (COA), staff liaisons, Donna Simmons (Dir. HR), Shanea Davis (Dir. Procurement). Labor Relations Committee: Martinez (Chair), Stafford, Riley, Cowman, staff liaisons, Kerri Butcher (Chief Counsel), Elaine Timbes (Interim COO) and Terry Garcia Crews (StarTran, General Manager). Rail Committee: Langmore (Chair), Chafetz, Silas, Riley, staff liaison, Elaine Timbes. Finance/Audit Committee: Fernandez (Chair), Stafford, Cowman, staff liaisons, Caroline Beyer, VP of Audit and Randy Hume (EVP. Finance. Operations & Planning Committee: Martinez, Chafetz, staff liaisons, Todd Hemingson, VP, Planning and Elaine Timbes.


Riley

4. Resolution CMTA-2010-5 Selection of CMTA Board Member Terms



Selection of CMTA Board Member Terms.The Board terms were decided by drawing lots to determine what each term will be. Each member drew the following terms: Riley - 6/1/2013

Martinez - 6/1/2013

Fernandez - 6/1/2012

Silas - 6/1/2012

Stafford - 6/1/2013

Langmore - 6/1/2011

Chafetz - 6/1/2011

Cowman - 6/1/2012

Public Comments:Julian Forester - STS issues, don't want you to put system in jeopardy. Please reconsider.Carlos Aleman - Needy deprived of justice because of recent developments. I hope new leadership will consider impact to citizens and look into eligibility issues and recertification. Also look at responsibilities and accountability.Suzie Ford - Open table for discussion regarding STS issues. People are not being recertified, they are being denied and not given a reason, we need to know why? Hope process can be more transparent.

RESULT: ADOPTED [UNANIMOUS] MOVER: Mike Martinez, Board Member SECONDER: Beverly Silas, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Cowman, Martinez,

Riley

5. Resolution CMTA-2010-6 Board Minutes Approval of Board Minutes for December 9, 2009.

RESULT: ADOPTED [UNANIMOUS] MOVER: John Langmore, Board Member SECONDER: John Cowman, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Cowman, Martinez,

Riley

6. Resolution CMTA-2010-7 Lone Star Intermunicipal Commuter Rail Approval of a Resolution by the Capital Metropolitan Transportation Authority Board of Directors to Appoint John Langmore to the Board of Directors of the Lone Star Rail District. Corrected name on Agenda from John Cowman to John Langmore to be appointed to the Board of Directors of the Lone Star Rail District.



RESULT: ADOPTED [UNANIMOUS] MOVER: John Cowman, Board Member SECONDER: Beverly Silas, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Cowman, Martinez,

Riley

7. Resolution CMTA-2010-8 Support of Intergovernmental ARRA Effort Approval of a Resolution in Support of the Intergovernmental Effort to Collaborate on American Recovery and Reinvestment Act (ARRA) Opportunities.

RESULT: ADOPTED [UNANIMOUS] MOVER: John Cowman, Board Member SECONDER: Ann Stafford, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Cowman, Martinez,

Riley

8. Resolution CMTA-2010-9 Executive Search Contract Approval of a Resolution Authorizing the President's Designee to Finalize and Execute a Contract with Gilbert Tweed Associates, Inc., for Executive Recruitment Services in an Amount Not to Exceed $175,900 for One (1) Base Year and Two (2) One (1) Year Options. Donna Simmons, Dir. HR, gave update on Executive Search contract. The selected firm recommended by staff is Gilbert Tweed. The committee hopes to be able to recommend a candidate for CEO by April's Board meeting. John Langmore - Can we have some Information about the search firm? One of the things we considered very important was a chance to involve the public in the process to select a new CEO. Simmons - Gave brief history on the search firm. Norm Chafetz - Staff put together a proposed timeline and one of the first things is to identify Board requirements. Have the firm come in and meet with the whole Board. My sense is this is something the whole Board would want to participate in. Staff's schedule is around the first week of February to meet with the search firm. Fernandez - Is it possible for next week early morning? Chafetz - Depends on when the firm can meet. Sounds fine, trying to stick to the time frame outlined by staff. Fernandez - It is important that we get public feedback. Langmore - When will we have someone on board? Chafetz - According to the timeline it will be at the April 26th Board meeting. Chair Martinez - I appreciate staff's commitment to expedite this but I will throw this caution out, it's about hiring the right person, whether four months or six months. Also I would like to ask about Gilbert Tweed, the search firm. Do they have any background or experience in non-transportation CEO search and was it made clear to them that this



is not necessarily a targeted approach to a transportation experienced CEO but a true leader from anywhere?

Simmons - Yes, that was one of the questions the finalists were asked and we felt comfortable they have experience outside of the transit industry.Chair Martinez - How many previous searches have they done for CEO's?

Simmons - I don't know off the top of my head.Public Comments:Nelson Peet - Congratulation to newly elected Board. I hope they have knowledge of ADA and keep all bus stops accessible.David Wittie - (see handout) Discussed information regarding article in the Chronicle newspaper on Capital Metro bus stops, service and accessibility issues. Jennifer McPhail - Regarding article in the Chronicle regarding bus stop accessibility.Mary Steele - Concern regarding CEO search. Did you think of someone with disabilities, someone that takes public transportation and someone that knows what we need?

Jerry Anderson - Taxpayer of City of Leander, Sunny Dr. extension - issues of crossing Leander Dr., safety and development concerns.

RESULT: ADOPTED [7 TO 0] MOVER: John Cowman, Board Member SECONDER: John Langmore, Board Member AYES: Silas, Langmore, Fernandez, Stafford, Cowman, Martinez, Riley ABSTAIN: Norm Chafetz

V. Executive Session of Chapter 551 of the Texas Government Code: Went into Executive Session at 7:04 and returned at 8:23 pm. No action taken.

Chapter 551.072 Real Property, Strategic Property Acquisitions/Dispositions - Regarding Downtown Rail Property.

Chapter 551.071 Legal Advice Regarding Current Litigation.

VI. Presentations: MetroRail Update

Elaine Timbes, Interim COO gave updates on MetroRail. Beverly Silas - You mentioned 20 items awaiting FRA closure, are those 20 part of the 55 items needed? Timbes - 55 is the grand total, the 13 is what Capital Metro has left to do included in that 20 is the13, 7 that FRA has yet to put their signature on, but we have completed our work. John Langmore - We had a discussion regarding Rail in our committee meeting. I would encourage anyone interested in the Rail to pay attention to the Rail Committee meetings for updates and information. We will consider everything you say, we don't take issues lightly, we do hear you. Norm Chafetz - Do we have safety fencing at Plaza Saltillo, 5th St., along the whole



route?Timbes - It's not fully fenced.Doug Allen - Assessment was done regarding fencing and a fencing review is done to determine fencing safety issues.Chair Martinez - There are barriers at Chalmers and Chicon.

VII. Reports: A. All Systems Go Long-Range Transit Plan, Regional Visioning and Mobility Projects. No Report, Todd Hemingson at a conference. B. Sustainability Report.No Report, Todd Hemingson at a conference.C. Update by the President/CEO.

• Customer Focus Goals • On Time Performance • Miles Between Road Calls • Vehicle Accident Rate Comparison • Accident Comparison • Passenger Accident Rate Comparison • Financial • Recognitions/Awards - Mr. Allen recognized Dianne Mendoza, VP of Business &

Community Development who was named a 2010 Woman of Distinction from the Girl Scouts Council of Central Texas. He thanked the employees for their efforts who participated in the Greencap efforts for the fare changes that took effect January 18, 2010. Langmore suggested for Trail of Lights that someone could stand out there and give out passes next time.

• MetroAccess Update • Service Provider Update

Doug Allen, Interim President/CEO gave updates on CEO report. He also outlinedthe agency's participation in several community events, the First NightAustin, Martin Luther King festivities and the Climate Change Expo.

John Langmore - Regarding FY2010 actual? How do we have an actual forFY2010?Allen - The December 2009 is in FY2010 for a budgetary stand point.Langmore - Is that number in millions?Randy - Our fiscal year begins October 1st so this is three months worth, It's onequarter of a year is what these numbers reflect.Chair Martinez - At what percentage point does it turn yellow verses red? Randy Hume - We do not have a set percentage variance, yellow is what weneed to watch and red we need to take some action so it's not a specificpercentage variance.Chair Martinez - I would contemplate a budget policy that we present to the Board.I would like to see something with a set criteria and a policy that reflects what ispresented to us.Ann Stafford - Regarding the contractor and materials and supplies not necessarilybudgeted, do we anticipate seeing that level out further down the line?Hume - The Freight contractor, yes we do expect that to level off the revenues. Forthe materials and supplies the biggest variance we have relates to bus materials



and we are working with maintenance on that.Frank Fernandez - Are we doing an accrual, modified accrual or on a cash basis?Hume - On accrual basis.Fernandez - Regarding grant revenue, we don't have the expenses that correlate to that, we haven't incurred that expense yet?Hume - The way we are required to report this is all grant revenue is through theoperating statement. Most of the $7million relate to capital expenditures.Langmore - It would be helpful to have this information in advance of the Boardmeeting.Allen - We will get that information out before the meeting.Chair Martinez - With the process of the Finance/Audit Committee this would be aperfect vehicle to run information through that sub-committee.Allen - Will get in more details. We will start providing more indepth information tothe committees.Stafford - How is this bench marked with other cities, comparable citieswith comparable services?Allen - Bus subsidy is a little higher. UT Shuttle positive for passengers, MetroAccess is comparable to what I have experienced in the past. It's a littlelower and Ride share a little higher. We can try and track that.Chafetz - MetroRail will be added?Allen - Yes. Langmore -Did you say you will present on a regular basis?Allen - Yes.Langmore - Is this subject to change regularly?Allen - Not a lot during the year, mostly used around budget processes,fare increases, etc..., not intended to do on a monthly basis. This is to introduce tothe Board for information.

D. Update on the Access Advisory Committee (AAC).Diane Aleman, Chair of Access Advisory Committee gave Access report. She read a letter on behalf of the Lighthouse for the Blind’s Executive Director regarding MetroAccess eligibility and the policy for recertification. Committee also concerned with number of people being denied recertification. (see report)Ann Stafford - Can we look at ways to measure response time and other issues? We need data from staff and how policy and procedures work.Inez Evans - I have some statistical information. Since the policies were enacted, the statistics are trending in the right direction, on time performance is up; no shows are down to 94%, overbooking - moves more to our vehicles etc…Stafford - A briefing of the trends, good information, find a way to address these issues.Chris Riley - What is the status on the Notification System and collecting phone numbers, inventory pick-up status? I would like that information on next Agenda updates, a report on those.John Langmore discussed a cost effective way to have a third party evaluate.Evans - It’s all internal.Langmore - Explore a third party to validate changes we have implemented, see if a possibility.Frank Fernandez wanted background regarding eligibility criteria and information on the recent changes.Evans discussed eligibility criteria and how we went through staffing changes.Stafford - Discussed recertification being triggered by time, etc…? Could that be used


.


as notification?

VIII. Public Comment: ATU Local 1091 regarding Labor Relations - Jay Wyatt, President of ATU - welcomed the new Board and wanted to see if they had any questions or concerns and to let them know we have some good reliable employees that provide good service to the public. Anthony Walker regarding Community Concerns and Employee Morale. No show.David Patterson regarding Board Advisory Committees - Thanked Chris Riley and Mr. Manor for all their outreach efforts. Concerns regarding the IVR system not working, need to stop if it does not work properly and stop screwing windows shut.Gene Stroop regarding UT Shuttle Service. No show. (submitted letter to Board) John Meinkowsky regarding MetroAccess - Contrast to what Ms. Evans reported, no email regarding denial, no good information on application, rude people answering the phones, limits on number of trips, temporary eligibility when disability is considered permanent and information submitted was ignored.Weldon Kelburn regarding MetroAccess Appeals Process - Spoke on behalf of his sister Lenora - discussed denial letter she received, and why did it take three weeks to schedule an appeal and phone calls never returned from Capital Metro? Greg Talley regarding CMTA Tobacco Policy. No show.

Frank Fernandez - Would like staff to give him a sample of rejection or denial letter and needs a better understanding of the policy changes.

IX. Adjournment It was moved by Fernandez and seconded by Silas to adjourn the meeting.

ADA Compliance Reasonable modifications and equal access to communications are provided upon

request. Please call 512-389-7583 (voice or 711 Relay) or email [email protected] if you need more information.

BOARD OF DIRECTORS: Mayor John Cowman, Mayor Pro Tem Mike Martinez, Council Member Chris Riley, Norm Chafetz, Frank Fernandez, John Langmore, Ann M. Stafford and Beverly S. Silas. Board Liaison: Gina Estrada 389-7458, email [email protected] <mailto:[email protected]> if you need more information.

The Board of Directors may also announce it will go into Executive Session, if necessary, to receive advice from legal counsel in accordance with Section 551.071 of the Texas Government Code.

_________________________________ Date: January 25, 2010 Yvonne Allen Legal/Board Support Specialist II


<mailto:[email protected]>

4.1

Capital Metropolitan Transportation Authority MEETING DATE: 01/25/2010 Board of Directors CMTA-2010-2

Resolution for Board Member

SUBJECT: Approval of a Resolution for Board Member Mike Manor.

FISCAL IMPACT: No fiscal impact.

ROUTE 2025 STRATEGIC ALIGNMENT: Does Not Apply

DBE PARTICIPATION: Does not apply.

PROCUREMENT: Does not apply.

RESPONSIBLE DEPARTMENT: Board of Directors

LEGAL COUNSEL SIGNATURE: __________________________________

Page 1 Packet Pg. 9

RESOLUTION

4.1

OF THE CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY

BOARD OF DIRECTORS STATE OF TEXAS COUNTY OF TRAVIS RESOLUTION CMTA-2010-2

Resolution for Board Member

WHEREAS, Mike Manor took the oath of office for service on this Board in September 2008, and since that time, has selflessly devoted his valuable time and expertise to represent the interests of the people of the entire Capital Metro service area; and

WHEREAS, Mike Manor has served his fellow board members as the Secretary of the Board for most of his tenure; and

WHEREAS, in his brief journey as a member of the Board of Directors, Mike Manor has made his mark on the Authority through his commitment to financial excellence and accountability while maintaining as much service to riders as possible during a difficult economic time; and

WHEREAS, Mike Manor has admirably and steadfastly advocated for the needs of all Capital Metro riders with an emphasis on ensuring that the disadvantaged and disabled have the best access possible to the Capital Metro system; and

WHEREAS, Mike Manor has dedicated countless hours of his personal time seeking to create opportunities and offer solutions to the challenges facing the Authority.

NOW, THEREFORE BE IT RESOLVED that the Capital Metropolitan Board of Directors hereby expresses its gratitude to Mike Manor for his outstanding service to Capital Metro and the residents of the service area as a member of this Board.


Riley

Page 2 Packet Pg. 10

4.1

________________________ Date: January 25, 2010 Gina Estrada Executive Assistant/Board Liaison


4.2


Election of Officers

SUBJECT: Election of Capital Metro Board Officers.


EXECUTIVE SUMMARY: Capital Metropolitan Transportation Authority Bylaws require that officers of the Board of Directors be selected at the first meeting of each new year.







RESOLUTION

4.2



Election of Officers

WHEREAS, the Bylaws of the Capital Metropolitan Transportation Authority require that officers of the Board of Directors be selected at the first regular meeting each year.

NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the Board hereby elects Mike Martinez, as Chairperson; John Langmore as Vice Chairperson and Beverly Silas, as Secretary to serve as officers of the Capital Metro Board of Directors for the 2010 Calendar Year.

RESULT: ADOPTED [UNANIMOUS] MOVER: Norm Chafetz, Board Member SECONDER: John Cowman, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Cowman, Martinez,

Riley



4.3


Election of Board Committees and Chairpersons

SUBJECT: Appointment of Board Committees and Chairpersons of Each Committee.


EXECUTIVE SUMMARY: In Accordance with the Capital Metropolitan Transportation Authority Bylaws the Board desires to formalize the appointment of a Chairperson and members to the Board committees. The Capital Metro Bylaws require that the Chair nominate the Chairperson and members of the Board committees, subject to approval by the Board. The Bylaws also state that the Board may establish the specific duties, terms, and responsibilities.

ROUTE 2025 STRATEGIC ALIGNMENT: Sustainable Business Growth






RESOLUTION

4.3



Election of Board Committees and Chairpersons

WHEREAS, the Board of Directors desires to formalize the appointment of a chairperson and members to Board committees in accordance with the Board Bylaws; and

WHEREAS, the Chairperson of the Board nominates Norm Chafetz as Chairperson, Beverly Silas, Frank Fernandez and John Langmore to serve as members of the Executive Search Firm Committee of the Capital Metro Board of Directors for the 2010 Calendar Year.

NOW, THEREFORE, BE IT RESOLVED that the Capital Metropolitan Transportation Authority Board of Directors hereby approves the appointment of Norm Chafetz as Chairperson and Board Members Beverly Silas, Frank Fernandez and John Langmore to serve as members of the Executive Search Firm Committee of the Capital Metro Board of Directors for the 2010 Calendar Year.


WHEREAS, the Chairperson of the Board nominates Mike Martinez as Chairperson, Ann Stafford, Chris Riley and John Cowman to serve as members of the Labor Relations Committee of the Capital Metro Board of Directors for the 2010 Calendar Year.

NOW, THEREFORE, BE IT RESOLVED that the Capital Metropolitan Transportation Authority Board of Directors hereby approves the appointment of Mike Martinez as Chairperson and Board Members Ann Stafford, Chris Riley and John Cowman to serve as members of the Labor Relations Committee of the Capital Metro Board of Directors for the 2010 Calendar Year.



4.3

WHEREAS, the Chairperson of the Board nominates John Langmore as Chairperson, Norm Chafetz, Chris Riley and Beverly Silas to serve as members of the Rail Committee of the Capital Metro Board of Directors for the 2010 Calendar Year.

NOW, THEREFORE, BE IT RESOLVED that the Capital Metropolitan Transportation Authority Board of Directors hereby approves the appointment of John Langmore as Chairperson and Board Members Norm Chafetz, Chris Riley and Beverly Silas to serve as members of the Rail Committee of the Capital Metro Board of Directors for the 2010 Calendar Year.

WHEREAS, the Board of Directors desires to formalize the appointment of a chairperson and members to Board committees in accordance with the Board Bylaws;

and

WHEREAS, the Chairperson of the Board nominates Frank Fernandez as Chairperson, John Cowman and Ann Stafford to serve as members of the Finance/Audit Committee of the Capital Metro Board of Directors for the 2010 Calendar Year.

NOW, THEREFORE, BE IT RESOLVED that the Capital Metropolitan Transportation Authority Board of Directors hereby approves the appointment of Frank Fernandez as Chairperson and Board Members John Cowman and Ann Stafford to serve as members of the Finance/Audit Committee of the Capital Metro Board of Directors for the 2010 Calendar Year.


WHEREAS, the Chairperson of the Board nominates ______ as Chairperson, Mike Martinez and Norm Chafetz to serve as members of the Operations & Planning Committee of the Capital Metro Board of Directors for the 2010 Calendar Year.

NOW, THEREFORE, BE IT RESOLVED that the Capital Metropolitan Transportation Authority Board of Directors hereby approves the appointment of _____________ as Chairperson and Board Members Mike Martinez and Norm Chafetz to serve as members of the Operations & Planning Committee of the Capital Metro Board of Directors for the 2010 Calendar Year.


Riley


4.3



4.4


Selection of CMTA Board Member Terms

SUBJECT: Selection of CMTA Board Member Terms.


EXECUTIVE SUMMARY: Section 451.5021, Texas Transportation Code, states that members of the Board of Directors shall serve staggered three-year terms with the terms of two or three members, as applicable, expiring June 1 of each year.

In order to establish the initial staggering of terms the statute provides that the members shall draw lots with members’ terms to expire as follows:

2 members expire June 1, 20113 members expire June 1, 20123 members expire June 1, 2013

The statute does not define how the board members shall draw lots and the board may determine the method of selecting the lengths of the initial terms.




RESPONSIBLE DEPARTMENT: Legal



RESOLUTION

4.4



Selection of CMTA Board Member Terms

WHEREAS, preserving the continuity and institutional knowledge of the Board of Directors and ensuring that there are always experienced members on the Board can be established by staggered term end dates; and

WHEREAS, legislation passed during the 81st Session of the Texas Legislature requires the members of the Capital Metropolitan Transportation Authority to draw lots to determine the length of the initial terms of members of the Board of Directors appointed pursuant to this legislation.

NOW THEREFORE BE IT RESOLVED, that the members of the Board of Directors have drawn lots and determined that the terms of Norm Chafetz and John Langmore shall end on June 1, 2011; John Cowman, Frank Fernandez and Beverly Silas shall end on June 1, 2012; and Chris Riley, Mike Martinez and Ann Stafford shall end on June 1, 2013.

RESULT: ADOPTED [UNANIMOUS] MOVER: Mike Martinez, Board Member SECONDER: Beverly Silas, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Cowman, Martinez,

Riley



4.5


Board Minutes

SUBJECT: Approval of Board Minutes for December 9, 2009.




RESPONSIBLE DEPARTMENT: Legal



RESOLUTION

4.5

OF THE

CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY

SC

TATE OF OUNTY OF TRAVIS

TEXAS BOARD OF DIRECTORS

RESOLUTION CMTA-2010-6 Board Minutes

.

RESULT: MOVER: SECONDER:

ADOPTED [UNANIMOUS] John Langmore, Board Member John Cowman, Board Member

AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Cowman, Martinez, Riley



4.6


Lone Star Intermunicipal Commuter Rail

SUBJECT: Approval of a Resolution by the Capital Metropolitan Transportation Authority Board of Directors to Appoint John Langmore to the Board of Directors of the Lone Star Rail District.


EXECUTIVE SUMMARY: As a regional transportation agency within the Austin-San Antonio corridor, Capital Metro is represented on the Lone Star Rail District Board of Directors, pursuant to the laws of the State of Texas.

The term of this appointment is two years, and the Director will serve until his or her successor has been duly appointed and qualified or until his or her death, resignation, or removal from office in accordance with the Lone Star Rail District bylaws.

These bylaws further provide that the Director may be reappointed and there is no limitation on the number of terms a Director may serve.

Further, Lone Star Rail District bylaws state that a person is not eligible to serve as a Director if the person or the person’s spouse: 1) is registered, certified, or licensed by an occupational regulatory agency in the field of railroad construction, maintenance, or operation; 2) is employed by or participates in the management of a business entity or other organization either regulated by, or receiving money from, the District; 3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the District, other than compensation for acquisition of right-of-way; 4) uses or receives a substantial amount of tangible goods, services, or money from the District, other than compensation or reimbursement authorized by law for Board membership, attendance, or expenses, or for compensation for acquisition of right-of-way; 5) is an officer, employee, or paid consultant of a Texas trade association in the field of railroad construction, maintenance, or operation; or 6) is required to register as a lobbyist under Chapter 305, Government Code, because of the person’s activities for compensation on behalf of a profession related to the operation of the District.

The Lone Star Rail District’s Board of Directors meets on a quarterly basis, in the City of San Marcos, Texas. In addition, the Board’s four committees meet on an as-needed basis.

The Lone Star Rail District’s bylaws do not recognize proxies or alternates for Directors unable to attend meetings.




4.6




Page 2

Packet Pg. 23

RESOLUTION

4.6



Lone Star Intermunicipal Commuter Rail

WHEREAS, the Texas Legislature provided for the creation of a commuter rail district between two municipalities each having a population of more than 450,000 and which are not located more than 100 miles apart; and

WHEREAS, such a district was created upon the passage of a resolution favoring its creation by the governing body of each creating municipality and the governing body of each county in which the municipality is located; and

WHEREAS, the City of Austin and Travis County have passed resolutions in support of the creation of an intermodal rail district for the Austin-San Antonio corridor; and

WHEREAS, the law provides that such a rail district would include a member appointed by Capital Metro on its board of directors responsible for managing, operating and controlling the district; and

WHEREAS, Capital Metro finds that such a district will enhance mobility, improve air quality and reduce traffic congestion and is an important component of the transit system for this region.

NOW, THEREFORE BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that Capital Metro appoints John Langmore to the Board of Directors of the Lone Star Rail District for a two year term.

RESULT: ADOPTED [UNANIMOUS] MOVER: John Cowman, Board Member SECONDER: Beverly Silas, Board Member AYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Cowman, Martinez,

Riley

________________________ Date: January 25, 2010


4.6

Gina Estrada Executive Assistant/Board Liaison


4.7


Support of Intergovernmental ARRA Effort

SUBJECT: Approval of a Resolution in Support of the Intergovernmental Effort to Collaborate on American Recovery and Reinvestment Act (ARRA) Opportunities.


EXECUTIVE SUMMARY: Prompted by discussion at meetings of the Community Action Network (CAN), representatives from six major Travis County taxing jurisdictions, CAN, Workforce Solutions, and the Austin Chamber of Commerce have been strategizing about ways to maximize federal stimulus (ARRA) dollars through intergovernmental collaboration. The six taxing jurisdictions include Capital Metro, Travis County, the City of Austin, Austin Community College, Austin Independent School District, and the Travis County Healthcare District. A steering committee comprised of representatives from each agency, CAN, and the Chamber has been formed. Additionally, eight workgroups have also been created to identify collaborative opportunities in areas such as Transportation, Health, Education, and Family Sustainability. The Steering Committee meets on a monthly basis and each workgroup meets every few months.

Though the availability of federal ARRA funds was the impetus behind this effort, this collaboration should result in mutual benefits beyond any ARRA-specific initiatives.

Attached are: 1. A report from the Steering Committee to the governmental partners about the

effort. 2. A list of the nine entities represented on the Steering Committee, and a list of the

eight workgroups and respective Capital Metro leads. 3. A diagram depicting the Steering Committee entities, their goals and guiding

principles, and sample issue areas of collaboration. 4. A proposed resolution in support of the intergovernmental effort.

The proposed resolution seeks the Capital Metro Board of Director’s support and encouragement of the effort. The five other governmental entities involved have also approved the proposed resolution.

ROUTE 2025 STRATEGIC ALIGNMENT: Strategic Partnering



RESPONSIBLE DEPARTMENT: Government Relations


4.7



RESOLUTION

4.7



Support of Intergovernmental ARRA Effort

WHEREAS, the United States Congress passed, and President Barack Obama signed, the American Recovery and Reinvestment Act of 2009, also known as ARRA, in February of this year; and

WHEREAS, ARRA appropriates approximately $780 billion to both address short-term economic hardship and make transformational investments in infrastructure, technology and human capital; and

WHEREAS, some ARRA funds have been, and will be, allocated to this region on a formula basis through different governmental entities to address short-term needs in those communities; and

WHEREAS, additional ARRA funds have been, and will be, allocated through competitive grants which place a premium upon creative problem-solving and innovative partnerships; and

WHEREAS, collaboration and partnership amongst local entities is critical to identify resources to sustain local projects beyond the ARRA funding period and to address other challenges that exist now or will arise in the Central Texas region;

WHEREAS, there are significant benefits of broad-based, community-wide collaboration in identifying and applying for stimulus grants, and in delivering services with grant funds; and

WHEREAS, representatives from Travis County have participated since April in an intergovernmental effort to maximize stimulus dollars and their beneficial impact upon this region; and

WHEREAS, this intergovernmental effort has reached out to non-profits, key service providers, and other community leaders to exchange information, coordinate efforts, and evaluate results.

NOW, THEREFORE, BE IT RESOLVED that the Capital Metropolitan


4.7

Transportation Authority Board of Directors does hereby applaud this intergovernmental effort, and encourages all participating Capital Metro employees for their service in this endeavor.

RESULT: ADOPTED [UNANIMOUS]MOVER: John Cowman, Board MemberSECONDER: Ann Stafford, Board MemberAYES: Chafetz, Silas, Langmore, Fernandez, Stafford, Cowman, Martinez,

Riley



4.7.a

ATTACHMENT 1

TO: Austin City Council Austin Community College District Board of Trustees Austin Independent School District Board of Trustees Capital Metropolitan Transportation Authority Board of Directors Travis County Commissioners Court Travis County Healthcare District Board of Managers

FROM: Intergovernmental Stimulus Steering Committee

DATE: December 16, 2009

OVERVIEW

The American Recovery and Reinvestment Act of 2009 (ARRA) – also known as the federal stimulus bill – became law in February of 2009. ARRA seeks to invest $780 billion nationally in a broad range of strategies designed to facilitate economic recovery and make transformational investments in infrastructure, technology and human capital.

A large portion of stimulus funding is flowing to cities, counties and other local governmental entities via formula grants, which vary according to the purposes of the grant and the characteristics of the target population. Much of this formuladriven money has already been allocated.

Other programs within ARRA will award funds through competitive grants. Many of the competitive grants will utilize scoring criteria that prioritize new problemsolving approaches and innovative collaborations.

This memorandum summarizes the ongoing collaborative efforts of the major taxing jurisdictions in Travis County to maximize our ability to identify and attract stimulus dollars.

HISTORY

An intergovernmental steering committee was organized and initially convened in April of this year. Charter members included the six local taxing jurisdictions listed above and the Community Action Network. Workforce Solutions was subsequently added as a partner.

The initial meeting was an informal exchange of information regarding various governmental entities’ efforts to identify and secure ARRA funds. At that meeting, the partners resolved to formalize the steering committee with a monthly meeting schedule.

The current goals of the steering committee are: � to exchange information about stimulus funding opportunities being pursued by

the governmental partners;

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� to identify and develop opportunities for collaboration in securing additional stimulus funding, particularly in those competitive grant situations that place a premium upon creative problemsolving and intergovernmental collaboration;

� to advocate for modification of future stimulus grants programs to better meet the needs of the region; and

� to communicate effectively among governmental partners, interested stakeholders and the general public regarding efforts to maximize ARRA funding for the region.

WORKGROUPS

In June, the steering committee formed working groups to coordinate intergovernmental stimulus efforts in nine broad areas: Education, Energy, Health, Housing, Public Safety/Law Enforcement, Technology, Transportation and Infrastructure, Workforce Development, and Youth and Family.

Each workgroup is comprised of key staff from each of the governmental partners. Once formed, workgroups were encouraged to reach out to other governmental and nonprofit stakeholders and involve them fully in the workgroups’ efforts. Workgroups continue to meet to exchange information and identify and develop opportunities for collaboration.

OPPORTUNITIES AND CHALLENGES

Members of both the steering committee and workgroups struggle with time and resource allocation issues, as work on this effort is in addition to existing work responsibilities.

Workgroups struggle to be inclusive and remain focused and effective. The groups must constantly evaluate whether all appropriate stakeholders, including other governmental entities, nonprofits and advocacy groups are involved. The steering committee has made this issue a priority. This allows the governmental entities to engage with their nonprofit partners and the larger community in collaborative efforts to address community needs and achieve mutual goals in the region. Greater efficiencies and partnership gained from this collaborative effort will be critical if our region is to remain competitive and affordable for all.

Though the availability of federal ARRA funds was the impetus behind this effort, the steering committee believes that this collaboration will result in mutual benefits beyond any ARRA initiatives.

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ATTACHMENT 2 ARRA Intergovernmental Stimulus Effort

Steering Committee Entities 1. Capital Metro: Tina Bui, John Michael Cortez 2. Travis County 3. Travis County Healthcare District 4. Austin Community College 5. Austin Independent School District 6. City of Austin 7. Community Action Network 8. Austin Chamber of Commerce 9. Workforce Solutions

Workgroups 1. Transportation and Infrastructure: Todd Hemingson, Planning 2. Housing: Jolinda Marshall, PlanningTOD; and John Michael Cortez, Business

and Community Development 3. Energy: Andrew Murphy, Vehicle Maintenance; and John Hodges, Engineering

and Construction 4. Workforce Development: Donna Simmons, Human Resources 5. Public Safety/Law Enforcement: Mark Ostertag, Safety and Security 6. Technology: Kirk Talbott, Information Technology 7. Youth and Family: Dinita Caldwell, Business and Community Development 8. Education: John Michael Cortez, Business and Community Development 9. Health: Mike Nyren, Risk Management

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4.7.a

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4.8


Executive Search Contract

SUBJECT: Approval of a Resolution Authorizing the President's Designee to Finalize and Execute a Contract with Gilbert Tweed Associates, Inc., for Executive Recruitment Services in an Amount Not to Exceed $175,900 for One (1) Base Year and Two (2) One (1) Year Options.

FISCAL IMPACT: Funding is available in the FY2010 budget.

EXECUTIVE SUMMARY: The contract that Capital Metro had in place for executive recruiting services expired in August, 2009. In anticipation of potential future executive search needs, a Request for Proposals was issued in on August 31, 2009 for such services.

Following the retirement of President/CEO Fred Gilliam, the scope of services for the contract was amended to provide clarification of the specific expectations for executive search related to the President/CEO position. These services may include:

1. Identify Board requirements: Meet with Board as a whole, the Board Executive Search Committee and/or individually to determine

• Critical needs of the position for development of the candidate profile • Process for stakeholders participation in candidate profile development and in

the selection process • Candidate evaluation and selection process • Search and selection milestones & timeline • Rating system for candidate evaluation 2. Finalize Candidate profile • Facilitate stakeholders input in candidate profile. Input may include public,

community stakeholders, employees, unions, elected officials or others. • Develop draft profile • Facilitate input on draft profile and develop final profile • Obtain final approval of candidate profile 3. Recruit and Screen Candidates • Develop Recruiting Plan including advertising strategy and timeline • Develop recruiting brochure including candidate profile • Solicit potential candidates based on critical needs of the position and to ensure

gender and ethnic diversity • Screen candidates to include initial candidate interviews or contacts, background

and reference checks, verification of resume information. • Present a long list of candidates (usually 12 to 15). Includes screening booklet on

each candidate presented • Assist Selection Committee with selecting top candidates 4. Manage interview process • Schedule Candidate Interviews, including travel arrangements for candidates • Develop Interview Questions


4.8

• Coordinate and participate in interview process 5. Facilitate stakeholders input in selection of top candidate • Sources of input may include public, community stakeholders, employees,

Unions, elected officials or others 6. Facilitate Board final selection process • Meeting with Selection Committee • Meeting with full Board 7. Assist in negotiations with top candidate

The services for executive positions other than the President/CEO are similar except the contractor will work with the President/CEO to identify candidate and recruitment requirements and to facilitate the candidate selection process.

ROUTE 2025 STRATEGIC ALIGNMENT: Customer Driven Service Excellence

DBE PARTICIPATION: The contractor will meet this goal utilizing the following DBE contractors. The goal is 8%

DBE SERVICE/PRODUCT % CEO Investigations Background Checks 8

PROCUREMENT: On August 31, 2009, a Request for Proposals was issued and formally advertised. By the closing date of October 14, 2009, six (6) proposals were received. The evaluation team used the following factors in the evaluation of Proposals:

1. The offeror’s demonstrated, relevant work experience and capabilities of the firm as a whole and of the proposed project personnel on projects of a similar size, scope, complexity and nature.

2. Past Performance 3. The offeror’s demonstrated understanding of the project undertaking, the

proposed plan for the performance of the work and the technical approach proposed by the offeror.

Gilbert Tweed Associates, Inc was rated highest, all factors considered. The price was determined to be fair and reasonable based on adequate competition. The contract is a firm fixed price contract and the recommended proposer was determined to have the best value proposal.

Base Term Option Year 1 Option Year 2 Grand Total $95,900 $40,000 $40,000 $175,900

RESPONSIBLE DEPARTMENT: Human Resources


4.8



RESOLUTION

4.8



Executive Search Contract

WHEREAS, the Capital Metropolitan Transportation Authority Board of Directors and Capital Metro management recognize the importance of recruiting highly skilled executive level talent.

NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation Authority Board of Directors that the President's Designee is authorized to finalize and execute a contract with Gilbert Tweed Associates, Inc., for an amount not to exceed $175,900 for One (1) Base Year and Two (2) One (1) Year options for executive recruiting services.

RESULT: ADOPTED [7 TO 0] MOVER: John Cowman, Board Member SECONDER: John Langmore, Board Member AYES: Silas, Langmore, Fernandez, Stafford, Cowman, Martinez, Riley ABSTAIN: Norm Chafetz



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