AGENDA of the Executive Committee of the Capital Area Regional Planning Commission

Transcription

1 AGENDA of the Executive Committee of the Capital Area Regional Planning Commission October 9, 2017 Rm 321, 210 Martin Luther King Jr. Blvd., Madison, WI 4:30 PM RPC Meeting Policies and Deadlines Registering and Speaking at RPC Public Hearings and Meetings: Persons wishing to speak must register and give the registration form to the meeting recorder before the corresponding Public Comment or Public Hearing item is taken up. Oral comments will not be heard for individual agenda items not designated for public hearing, but will be heard under the Public Comment agenda item. The time limit for testimony by each registrant will be 3 minutes, unless additional time is granted at the discretion of the Chair. However, for public hearings on USA/LSA amendments, applicants are granted a maximum of 15 minutes to testify, and other groups of registrants may pool their time of 3 minutes each up to a maximum of 15 minutes. Commissioners may direct questions to speakers. The RPC may alter the order of the agenda items at the meeting. Deadlines for Written Communications: Written communications intended to be provided to the Commission and considered as part of the information package for a public hearing or agenda item should be received in the RPC office no later than noon, 7 days prior to the meeting. Written communications received after this deadline will be reported and provided to the Commission at the meeting. RPC Action Scheduling: If significant controversy or unresolved issues are raised at the public hearing, the RPC will usually defer or postpone action to a future meeting. Background Documents a. (1) Mission Vision Statements and Operating Agreements (2) Categories of Decision Making (3) Committee Member List (4) CARPC Code of Conduct 1. Roll Call 2. Approval of Minutes a. Minutes of the 9/11/17 Executive Committee Meeting (actionable item) 3. Public Comment 4. Contracts and Approvals 5. a. Affirming Deputy Director's Execution of Memorandum of Understandings with Towns of Berry, Springfield, Westport, Sun Prairie, Bristol and Blue Mounds for Mapping Services (actionable item) b. Authorizing Deputy Director to Execute Contract with Southwest Wisconsin Workforce Development Board for Provision of Financial Services in 2018 (actionable item). c. Authorizing Deputy Director to Sign Letter of Support for City of Madison's Application to the US DOT's TIGER IX Grant Program (actionable item) Personnel Matters a. 6. Executive Committee Procedures a. 7. Revisions to the CARPC Personnel Manual (10 minutes) Procedures for Executive Committee Recommendations to the Commission (actionable item) Financials (10 minutes) a. Approval of October 2017 Disbursements and Treasurer's Report for September 2017 (actionable item) 8. Future Agenda Items (Next meetings: 11/6/17 and 12/11/17, both in room 321, CCB) 9. Adjournment NOTE: NOTA: LUS CIM: If you need an interpreter, translator, materials in alternate formats or other accommodations to access this service, activity or program, please call the phone number below at least three business days prior to the meeting. Si necesita un intérprete, un traductor, materiales en formatos alternativos u otros arreglos para acceder a este servicio, actividad o programa, comuníquese al número de teléfono que figura a continuación tres días hábiles como mínimo antes de la reunión. Yog hais tias koj xav tau ib tug neeg txhais lus, ib tug neeg txhais ntawv, cov ntawv ua lwm hom ntawv los sis lwm cov kev pab kom siv tau cov kev pab, cov kev ua ub no (activity) los sis qhov kev pab cuam, thov hu rau tus xov tooj hauv qab yam tsawg peb hnub ua hauj lwm ua ntej yuav tuaj sib tham CARPC staff TDD

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3 CARPC MISSION AND VISION STATEMENTS AND OPERATING AGREEMENTS Mission Statement: The Capital Area Regional Planning Commission facilitates the creation of a shared vision and regional plan with our communities. We support communities in making vital decisions that strengthen our region. Vision Statement: Communities work together to achieve a resilient and sustainable natural, built and social environment. Operating Agreements: Theme Agreements for all meetings internal and external Changes for CARPC decision making meetings Respect Listen to current speaker Treat all with respect speak respectfully of staff Be responsible for your own needs Participation All participate no one dominates Start with quick introductions Attention Listen to understand Minimize side conversations No interruptions edevices for meeting materials only Commissioners attend at least 80% (10/12) of meetings Staff may work on other things while in observer chairs Inclusion Discussion includes locals Focus on working together Critique ideas not people Predictability and Transparency Start on time Honor past decisions Ensure guests know what to expect Smooth logistics Offer snacks to all and include healthy options Use Robert s Rules End on time for segments without public comment

4 Categories of Decision Making Capital Area Regional Planning Commission REVISED April 2017 Commission Approves (Policy Level and Bylaw Delegated Decisions) Adopt/Amend Plans, Release for Review and Comment Selection of Officers, Committee Members Removal of Officers (requires super majority vote) Executive Committee Reviews, Commission Approves (Policy Level Decisions) Included on Commission agendas as separate item for approval: Establish Committees Amend Bylaws (requires super majority vote) Adopt/Amend Budgets Adopt/Amend Work Programs Appointment of Executive Director (as Personnel Committee) (requires super majority vote) Executive Committee Recommends Approval, Commission Approves Included on Commission agendas under item, Executive Committee Report as Recommendation for Approval : Mission Statement Adoption/Revision Execute Unanticipated Agreements (e.g. Wisconsin Center Education Research AGMV game project) Institute/Amend Fees Executive Committee Approves, Commission Approves Where Commission approves separation of item under agenda item, Executive Committee Report (below category): Items separated by Commissioner for Commission Approval Executive Committee Approves, Commission Accepts (Administrative and Operational Decisions) Included on Commission agendas under item, Executive Committee Report, not as Commission decision items: Execute Agreements within approved budget and work program Amend Agreements within approved budget and work program Financial oversight: approval of disbursements and treasurer s report Work Program Implementation (e.g. farmland loss mitigation activities) Additional expenditures within budget (e.g. contribution to housing gap video) Commission Procedures (e.g. process for amending LU&TP) Commission Operations/Personnel (e.g. Commissioners as Independent Contractors) Personnel Committee Approves, Commission Accepts (Administrative and Operational Decisions) Included on Commission agendas under item, Executive/Personnel Committee Report, not as Commission decision items: Hiring of Deputy Director and Division Directors Personnel Manual amendments Personnel decisions: approve position description; Deputy Director performance review Review of staff appeals of disciplinary actions and decisions regarding employee grievances

5 Staff Level, Carrying out Decisions Spending on items within adopted budget limits and categories Carrying out activities within adopted work program Recommend job descriptions to Executive Committee for approval Personnel decisions below Executive/Deputy Director: hiring, firing, promotion, evaluation, discipline, development Providing, research, analysis and recommendations to Executive Committee and Commission Policy Manual discussions?

6 COMMISSIONER COMMITTEES - last updated 9/29/17 Cantrell Cnare Crombie Geller Golden Hampton Hartmann McKeever Minihan Palm Pfeiffer Stravinski Terrell Executive Committee X X X X X X Madiston Area Transportation Planning Board/CARPC Joint Workgroup X X X X X Ad Hoc Committee for SSA Review Process X X X X Joint Committee with Dane County Lakes & Watershed Commission X X X

7 Capital Area Regional Planning Commission Code of Conduct Adopted by CARPC on February 10, 2011 The following Code of Conduct applies to all Commissioners, officers, employees, and agents of the Capital Area Regional Planning Commission ( CARPC ). The purpose of this Code of Conduct is to ensure that CARPC operates in the most independent, impartial, and responsible fashion required of a properly functioning democratic government. CARPC hereby establishes the following guidelines to ensure that its duties and responsibilities are executed with a level of integrity that instills confidence in the public it serves. 1. The following definitions apply: a. Anything of value means any money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by CARPC, political contributions which are reported under Ch. 11, Wis. Stats., or hospitality extended for a purpose unrelated to CARPC business by a person other than an organization. b. Associated, when used with reference to an organization, includes any organization in which an individual or a member of his or her immediate family is a director, officer or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity or of which an individual or a member of his or her immediate family is an authorized representative or agent. c. Immediate family means 1) an individual s spouse or designated family or registered domestic partner, or 2) an individual's relative by marriage, lineal descent or adoption who receives, directly or indirectly, more than one-half of his or her support from the individual or from whom the individual receives, directly or indirectly, more than one-half of his or her support. d. Organization means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust or other legal entity other than an individual or body politic. 2. Commissioners, officers, employees, and agents of CARPC or its designee(s), in his or her official capacity, shall conduct all work activities in an ethical manner consistent with State law ( Wis. Stats.), and shall not: a. Use his or her public position or office to obtain financial gain or anything of value for the private benefit of himself or herself or his or her immediate family, or for an organization with which he or she is associated; b. Solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence his or her official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on his or her part; c. Participate in or perform any discretionary action with respect to the making, granting, or imposition of an award or contract in which either he or she, any member of his or her immediate family, his or her partner, or an organization which employs, or is about to employ,

8 CARPC Code of Conduct February 10, 2011 any of the aforementioned, has a financial or other interest in the firm selected for award or contract. 3. Commissioners, officers, employees, and agents of CARPC or its designee(s) found to be in violation of this Code may be penalized, sanctioned, or disciplined, to the extent permitted by State and local laws or regulations. 4. A copy of the Code of Conduct shall be provided to all Commissioners, officers, and employees of CARPC. I hereby agree to abide by this Code of Conduct. Print Name Signature date

9 DRAFT MINUTES of the Executive Committee of the Capital Area Regional Planning Commission September 11, 2017 CCB Room 321, 210 Martin Luther King Jr. Blvd., Madison, WI 4:30 PM Commissioners Present: Commissioners Absent: Staff Present: Others Present: Maureen Crombie, Mark Geller, Ken Golden, Kris Hampton, Larry Palm (Chair) Peter McKeever Linda Firestone, Mike Rupiper, Steve Steinhoff 1 member of the public 1. Roll Call Chair Palm called the meeting to order at 4:30 PM. Quorum was established. 2. Approval of Minutes a. Minutes of the August 7, 2017 Executive Committee Meeting (actionable item) Mr. Golden moved to approve the minutes of the August 7, 2017 Executive Committee meeting; Mr. Hampton seconded. The motion passed on a voice vote. 3. Public Comment Jon Becker, a member of the public, commented on AGMV and requested a meeting with the CARPC Chair and CARPC staff. 4. Executive Committee Recommendations a. Discussion of Procedures for Executive Committee Recommendations to the Commission Discussion focused on the following questions: 1. Can/Should an Executive Committee member change his/her vote during a Commission meeting after he/she has already voted on the issue during an Executive Committee meeting? 2. Does the Commission as a whole trust the Executive Committee to adequately and almost always reflect what the Commission would have done itself? 3. Should the Commission have to vote on something voted on by the Executive Committee? 4. If the Executive Committee puts forward something to the full commission, and members of the Executive Committee get into a discussion, should the Executive Committee be having these discussions as the Executive Committee or should the discussion be conducted by the full Commission? The discussion generated the following points: The most important duty of the Commission was to talk about planning, and the Executive Committee should be responsible for the areas of management, budget, personnel, space, and contracts. Suggestion that the Executive Committee report be voted on as part of a consent agenda item. Proposal for a motion for a subsequent meeting, that (1) the Commission delegate the authority to act on management, budget, personnel, space, and contracts to the Executive Committee; (2) there is a report on actions on those items that is presented to the full Commission that comes after the minutes. If any one Commissioner wishes to have the full Commission act on any of those items on those issues, that Commissioner can request that item be re-discussed at that point in the agenda; (3) the Executive Committee may make recommendations to the full Commission on policy items that it discusses but the Page 1 of

10 full Commission has to adopt the policy; and: (4) when the Executive Committee reports to the full Commission, the Committee should list how the Committee voted. Reminder about the "Categories of Decision-Making" document. It was requested that this document be included in the next Executive Committee packet, along with a list of discussion topics from CARPC staff. A policy discussion was needed on the Executive Committee with recommendations to the full Commission. When the Executive Committee presents an issue to the full Commission, the Executive Committee should state whether it (1) recommends adoption, (2) recommends to not adopt; or (3) does not make any recommendation. Chair Palm suggested that this conversation continue at the next meeting and questioned whether this needs to go to the full Commission or if this should be an internal policy discussion. It was requested that this topic be put on the Executive Committee s October agenda. 5. Events a. Discussion of Proposed Listening Session with Local Officials Regarding CARPC Input to Local Planning Mr. Steinhoff gave a brief overview of the purpose of this item. Discussion generated the following points: One of the most successful things the Dane County RPC did was to divide the county into four quadrants. In order to have a good discussion, the staff, with the approval of the Commission, should develop no more than a one-page document that stimulates the discussion with either questions that people should be answering, or ideas about how the Commission could be more productive and helpful to local officials (for example, an optional review of the local comp plan by Commission staff and the Commission itself). How people are selected or whether they volunteer. If there is a panel discussion, how do you pick who is on the stage? Do we avoid people who have a history of being unproductive and contentious in such situations? The Commission should strive to strengthen its presence in terms of regional planning in Dane County. Communities need to better understand how their plans relate to the regional plan. There needs to be a plan for how a listening session will be conducted. Staff will investigate if there is interest for a fall meeting. Mr. Geller suggested the meeting be held at Verona. Chair Palm stated that, at some point, there needs to be an engagement with a community that is not engaged. 6. Personnel Manual a. Discussion of Revisions to the Personnel Manual The Executive Committee reviewed a spreadsheet that showed staff's paid time off and CARPC's payout policy. Chair Palm asked Ms. Firestone to review Dane County's paid time off policies and report on them at the next Executive Committee meeting. The discussion included the paid time off accumulation policy and usage of paid time off. Page 2 of

11 b. Code of Conduct Discussion ensued about whether to revise the Code of Conduct to include language about solicitation and nominal value. Mr. Steinhoff was directed to ask CARPC s legal counsel about (1) solicitation on behalf of the Commission; and (2) nominal value. 7. Financials a. Approval of September 2017 Disbursements and Treasurer s Report for August 2017 (actionable item) Mr. Geller moved to approve the September disbursements and the Treasurer's Report for August; Ms. Crombie seconded. The motion passed on a voice vote. b. Authorizing CARPC Treasurer to Approve Deputy Director Timesheets and Credit Card Purchases (actionable item) Mr. Golden moved to authorize the CARPC Treasurer to approve the Deputy Director's timesheets and credit card purchases; Mr. Hampton seconded. A question was raised as to whether the motion should be about the Executive Director's timesheets and credit card purchases instead of the Deputy Director's. The motion to authorize the CARPC Treasurer to approve the Executive Director's timesheets and credit card purchases passed on a voice vote. 8. Other Business a. Discussion of Proposed Changes to Environmental Rules for Foxconn Plant In response to question about whether Foxconn was exempt from any rules or NR121, Mr. Rupiper stated that the analysis he read was from the Legislative Reference Bureau. Foxconn was exempt from having to do an environment impact statement and would also be exempt from wetland filled permitting provided it did wetland mitigation at a two-to-one ratio. 9. Future Agenda Items (Next meetings October 9 and November 6) 1. Dane County paid time off policies. 2. CARPC legal counsel s response to (1) solicitation on behalf of the Commission, and (2) nominal value. 3. Mr. Golden s motion regarding the procedures for Executive Committee recommendations to the Commission. 10. Adjournment The meeting adjourned at 6pm. Minutes taken by Linda Firestone Respectfully Submitted: Kris Hampton, Secretary Page 3 of

12 CARPC EXECUTIVE COMMITTEE AGENDA COVER SHEET October 9, 2017 Item 4.a. Re: Affirming Deputy Director s Execution of Memorandum of Understandings with Towns of Berry, Springfield, Westport, Sun Prairie, Bristol and Blue Mounds for Mapping Services (actionable item) Requested Action: Approval Background: CARPC offers planning, data and mapping services upon request. When services requested go beyond provision of basic information, and entail staff work more extensive research, analysis and mapping, CARPC charges for the services. Towns that were preparing to opt out of County zoning requested mapping services from CARPC to fill a need created by loss of access to Dane County services after opt out. CARPC staff met with Town officials and staff to prepare a Memorandum of Understanding (MOU) to govern provision of the mapping services. Towns requested that MOUs be executed by October 1 to meet their schedules. The Deputy Director requested verbal approval from the Executive Chairperson to execute the MOUs because they govern standard services provided by CARPC under our approved Work Program. The Executive Chairperson verbally approved execution of the MOUs. Options, Analysis and Recommendation: The MOUs state that CARPC will provide maps and data that include a range of information, and make the data available through a web browser interface. They spell out the procedures for requests for data and mapping services, and the provision of those services, and payment for the services. CARPC s attorney has approved the MOU. CARPC is providing these mapping services at the request of local units of government, as part of our mission and work program. Providing the services also will generate revenue that help meet the agency s budgeted revenues for service provision. They help build relationships with local units of government. Providing mapping and data services could lead to additional planning service contracts such as comprehensive planning. Staff time required is estimated to be within 2017 and 2018 work program allocations for data services. Primary services would be provided by Senior Planner Sean Higgins. Recommendation: Affirm execution of MOUs Attachments: 1. Sample Memorandum of Understanding (between CARPC and Town of Berry) Staff Contact: Steve Steinhoff Deputy Director SteveS@CapitalAreaRPC.ortg Next Steps: Provision of mapping and data services

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16 CARPC EXECUTIVE COMMITTEE AGENDA COVER SHEET October 9, 2017 Item 4.b. Re: Authorizing Deputy Director to Execute Contract with Southwest Wisconsin Workforce Development Board for Provision of Financial Services in 2018 (actionable item). Requested Action: Approval Background: The Southwest Wisconsin Workforce Development Board (SWWDB) has provided financial services to CARPC since January Services include accounting, payroll, and funds disbursement. Options, Analysis and Recommendation: SWWDB provides quality and cost effective financial services for CARPC. The 2018 contract is for the same dollar amount as Recommendation: Approve authorization for executing contract. Attachments: 1. Contract between SWWDB and CARPC for provision of financial services in Staff Contact: Steve Steinhoff Deputy Director Next Steps: Execution of contract

17 MEMORANDUM OF UNDERSTANDING THIS AGREEMENT made and entered into on this 2 nd day of October by and between the Southwest Wisconsin Workforce Development Board, Inc. whose business address is 1370 North Water Street, Platteville, WI 53818, hereinafter referred to as SWWDB, and the Capital Area Regional Planning Commission (CARPC), 210 Martin Luther King, Jr. Blvd., Room 362, Madison, WI hereinafter referred to as CARPC. 1. Purpose. The intent of this agreement is to define the terms and conditions of financial and human relations support that SWWDB will provide CARPC and establish a clear understanding of the services to be provided. 2. Responsibilities of Southwest Wisconsin Workforce Development Board. SWWDB will be responsible for maintaining all financial records and transactions for the Capital Area Regional Planning Commission following generally accepted accounting principles and mandated reporting requirements as set forth by applicable federal and state regulations and other program funding sources. SWWDB will assist in the development and enforcement of fiscal policies and procedures and oversee the payroll system. Other duties include preparing financial statements for the CARPC Board of Commissioners and Executive Director of CARPC. The services provided by SWWDB will include: Maintain the complete set of financial records and transactions for CARPC. Oversee efficient accounts payable processing, ensuring all checks are processed and mailed in a timely manner. Allocate costs to project funds as approved by the CARPC and updating allocations as necessary to represent current fund sources. Prepare adjusting journal entries and provide detailed documentation. Process accounts receivable and provide detailed documentation. Reconcile bank statements and balance sheet accounts including pre paids, cash, accruals, and liabilities. Monitor the cash on hand balance daily. Maintain general ledger account coding to ensure accurate account postings. Provide CARPC with quarterly financial statements (or more often if necessary) so CARPC can invoice funding sources for all costs incurred. Prepare monthly financial statements and communicate the board's financial status to the Executive Director and CARPC quarterly or more often as requested. Develop and manage CARPC activities in accordance with sound fiscal policies and procedures. Recommend fiscal policy changes as necessary to the Executive Director for CARPC approval. Ensure all CARPC fiscal transactions and activities are approved according to CARPC policy/practice prior to processing. Update fiscal procedures as necessary. Work with the CARPC Executive Director to ensure that all staff abide by the fiscal policies set forth in grant and subsequent contract documents

18 Payroll and Personnel Administration. Oversee payroll for CARPC employees, including preparation of all required payrollrelated reports. Ensure that all federal and state reporting that affects payroll taxes, fringe benefits, and human resource administration are handled in a timely manner. Inventory and Procurement. Ensure that proper procurement and depreciation procedures are being followed according to federal and state regulations and CARPC policies. Prepare and Manage Budgets. Provide on going amendments to budgets and time allocations of staff as necessary. Assist auditors and Federal/State monitors. Prepare financial records and reports for the annual single audit review. Take corrective action as advised by the auditors as appropriate and necessary. Prepare reports and information requested by the funding sources for all monitoring visits. Assist CARPC, the Executive Director, and the management team in responding to audit recommendations and provide technical assistance related to system changes/improvements recommended by the auditor. Submit annual audit reports to appropriate agencies as required by the Single Audit Act. 3. Period of Agreement. The term of this agreement shall be from January 1, 2018 through December 31, 2018 unless it is terminated early by either party. This contract may be renewed annually by mutual agreement. 4. Contract Amount. CARPC shall pay SWWDB a total amount of twenty nine thousand dollars ($29,000.00) for the term of this agreement. In addition, CARPC will pay 100% of monthly Paychex processing fees. The amount for the subsequent years will be negotiated annually. Service fees above those expressly stated in this section are the responsibility of CARPC to cover. 5. Notification of Inability to Complete Services. Either party shall notify the other whenever it is unable to provide the services specified in this agreement. Upon such notification, the parties shall determine whether such inability will require revision or termination of the contract. 6. Method of Payment. CARPC shall pay SWWDB in twelve (12) equal monthly installments of $2, SWWDB shall invoice CARPC monthly. Payments are net 15. Payments are to be remitted to: Ms. Danielle Thousand Finance Manager Southwest Wisconsin Workforce Development Board, Inc North Water Street Post Office Box 656 Platteville, WI

19 7. Tax Exempt Status. CARPC is a tax exempt regional government in the State of Wisconsin. CARPC is exempt from payment of all federal excise and all state and local sales taxes. SWWDB will not assess such taxes as part of this agreement and will ensure, to the fullest extent possible, that such taxes are not computed as part of CARPC financial transactions with other organizations. 8. Independent Status. SWWDB and CARPC agree that each acts in an independent capacity in the performance of the respective responsibilities, and not as an employee or agent of the other. Nothing contained in this agreement shall constitute or be construed to create a partnership or a joint venture. SWWDB and CARPC, at all times during the term of this agreement, shall act and perform as independent contractors. As an independent contractor, CARPC shall provide SWWDB with a valid employer identification number that SWWDB will use in its capacity as an agent of CARPC and only in the context of this agreement to manage the activities and transactions of CARPC. 9. Right to Modify or Terminate Contract. A. SWWDB agrees to perform all services set forth in this agreement. CARPC reserves the right to review all services and operations carried out by SWWDB. Failure to comply with any part of this contract, to correct deficiencies in services, and/or to meet performance standards may be considered cause to modify, revise, suspend, or terminate this agreement. B. The terms and provisions of this contract shall not be changed, modified, amended, or terminated orally. No oral statement by any person shall, in any manner or degree, modify or otherwise affect the terms and provisions of the contract. CARPC and SWWDB must agree to any change, revision, modification, or amendment to the terms and provisions of this contract, by way of a written addendum signed by authorized representatives of both parties, prior to any change becoming effective. C. This contract is contingent upon authorization of Wisconsin and United States laws and any material amendment or repeal of the same affecting relevant funding or authority of the DWD shall serve to terminate this contract, except as further agreed to by the parties hereto. D. Separability of Provisions: If any provision of this agreement is held invalid, the remainder of the agreement will not be affected. E. Modification. In the event that SWWDB fails to fulfill any of the terms or conditions of this agreement in a timely and diligent manner, as determined by CARPC, CARPC reserves the right to reduce the contract scope and budget in a manner it solely determines appropriate. Written notification of this action shall be transmitted to SWWDB allowing SWWDB five (5) days to respond. F. Termination. 1. Either party may terminate this agreement with sixty (60) days written notice. 2. Notwithstanding any other right of termination, CARPC reserves the right to immediately terminate, or reduce in scope, its obligations under this contract in the event that sources of funding to CARPC derived through State or Federal grants or contracts are terminated or reduced

20 3. In the event of termination, SWWDB will only be liable for services rendered by SWWDB through the date of termination. Termination shall not release SWWDB of its obligation to provide contracted services until such services have been properly and appropriately transferred to another service provider. CARPC shall pay for services delivered by SWWDB until the proper transfer of responsibility occurs. G. Renegotiation: This contract or any part thereof may be renegotiated in the case of 1) increased or decreased volume of services; 2) changes required by federal or state laws or regulations or court action; or, 3) monies available affecting the substance of this contract. 10. Resolution of Disputes. The parties agree that any dispute, of any nature whatsoever, arising between the parties, during the term of this contract shall be resolved through negotiation between the parties. If negotiated settlement cannot be reached within thirty (30) days of issue identification, the matter will be referred to the Southwest Wisconsin Counties Consortium for final resolution. 11. Indemnification. Each party shall indemnify, save, keep harmless, and defend the other party, its directors, officers, agents, and employees against any and all loss, damages, injuries, liability claims, and costs or expenses of whatsoever kind and nature, including attorney's fees, which the other party may sustain, incur, or be required to pay, resulting from or otherwise arising out any services, operations, or performance of work delivered in connection with this contract. This provision shall not apply to liabilities, losses, charges, costs, or expenses caused by CARPC or SWWDB. 12. Non Discrimination, Affirmative Action, and Civil Rights Compliance. Both parties agree not to discriminate against any person involved with this agreement, in any manner, on the basis of age, race, religion, color, sex, national origin, or ancestry, handicap (as defined in Section 504 and the Americans with Disabilities Act (ADA)), physical condition, developmental disability (as defined in s.51.05(5)), arrest or conviction record (in keeping with s ) sexual orientation, marital status, or military participation. 13. Entire Scope of Master Contract. This MOU constitutes the entire agreement between the parties and supersedes all prior communications, either oral or written. This agreement may be supplemented by other written agreements. The terms and conditions of this agreement are hereby approved: Signature: Signature: Name: Stephen Steinhoff Name: Rhonda Suda Title: Deputy Director Title: Chief Executive Officer Date: Date: October 2,

21 CARPC EXECUTIVE COMMITTEE AGENDA COVER SHEET October 9, 2017 Item 4.c. Re: Authorizing Deputy Director to Sign Letter of Support for City of Madison's Application to the US DOT's TIGER IX Grant Program (actionable item) Requested Action: Approval Background: The City is once applying to USDOT s TIGER grant program for funds to construct a satellite bus garage and purchase five all-electric articulated buses to the fleet. Judy Olson, who is the City of Madison s grant writer, has asked CARPC for a letter of support for the application. Options, Analysis and Recommendation: As part of inter-governmental cooperation, CARPC has supplied letters of support to the City of Madison in the past. Recommendation: Approve authorization for signing the letter Attachments: 1. Draft Letter of Support Staff Contact: Steve Steinhoff Deputy Director SteveS@CapitalAreaRPC.ortg Next Steps: Execution of letter

22 October 4, 2017 The Honorable Elaine L. Chao, Secretary US Dept. of Transportation Washington, D.C Dear Secretary Chao: I am pleased to lend the support of the Capital Area Regional Plan Commission (CARPC) to Madison s application to the US DOT s TIGER IX grant program. CARPC serves as the regional planning and water quality management entity for the Dane County Region. We work closely with Dane County governments and diverse stakeholders to plan for the physical, economic, and social development of our region. In considering how to promote sustainable growth, CARPC has closely analyzed the role that public transportation can play. Of special relevance to Madison s TIGER application are CARPC s studies showing that a transit oriented development pattern and BRT system are achievable and desired by many in our region. These studies include: The 2012 BRT Corridor Study undertaken to show the opportunities for infill and redevelopment along four high density corridors; The 2013 Madison Transit Corridor Study demonstrating the feasibility of a BRT system; The 2014 Dane County Market Demand Study showing demand for walkable, transit-supportive communities; and, A 2016 values survey which shows strong regional support for investing tax dollars in expanding and improving public transit. CARPC has undertaken these studies to address the need for improved public transportation options for both choice riders and those who are transit dependent. Our greatest concern, however, has been for the residents of neighborhoods located along Madison s periphery which are located neither near employment centers nor along bus routes that connect to them in a timely manner. These areas with low connectivity are often the neighborhoods with the highest concentrations of lowincome people, often those without a vehicle. These are precisely the people with the greatest need for efficient mass transit. CARPC has found that there is a clear intersection between the region s need to improve transit to underserved neighborhoods and Metro s proposal to develop a BRT system. By developing well-placed rapid transit corridors, Metro can markedly reduce times now required to travel from the periphery to area employment centers. By creating a more efficient system along high density corridors, Metro can free up resources to improve routes to underserved neighborhoods. The first step toward achieving these measures, the subject of Madison s TIGER application, is constructing a satellite bus garage. With the additional space, Metro can then begin to expand its fleet, develop a BRT system, and improve its service. The need is urgent and the project should not be delayed. I urge you to fully fund Madison s TIGER application. Sincerely, Stephen Steinhoff Executive Director

23 CARPC EXECUTIVE COMMITTEE AGENDA COVER SHEET October 9, 2017 Item 5.a. Re: Revisions to the CARPC Personnel Manual Requested Action: Discussion Background: The staff is in the process of drafting revisions to the CARPC personnel manual, which is in need of an update. Options and Analysis: Most revisions update out-of-date information, clarify language, and edit for grammar, readability and consistency. At the September Executive Committee meeting, the Committee requested: 1. a comparison be made of Dane County s paid time off compared to CARPC s paid time off (see attachment); and 2. CARPC legal counsel be contacted for an opinion of CARPC s Code of Conduct as it pertains to solicitation on behalf of the Commission and nominal value. Mr. Steinhoff will give a verbal report. The AWRPC financial summit in November will have a presentation by Peg Heinen of The Management Association regarding necessary items for personnel handbooks plus topics of interest to RPC staff. The final draft of the revised CARPC personnel manual will be submitted to the Executive Committee after the November AWRPC financial summit. Attachments: 1. Comparison of paid time off days between Dane County and CARPC Staff Contact: Linda Firestone Administrative Services Manager LindaF@CapitalAreaRPC.org Next Steps: Answer any questions by Commissioners; continue to investigate personnel manual language that may need to be updated

24 COMPARISON OF PTO HOURS BETWEEN CARPC AND DANE COUNTY Years of Employment Hourly R Range (Exempt) Hours for R Range Dane County EG 1871 (Professionals) Dane County EG 720/705/ 65/ through 5 2 weeks 3 weeks through 10 3 weeks 4 weeks through 14 3 weeks, 4 days 4 weeks 2 days through 20 4 weeks, 2 days 5 weeks and up 5 weeks, 2 days 5 weeks 2 days CARPC Dane County Sick 4 hrs / pay period same Personal 32 hrs / year same Wellness 16 hrs w/ addtl 8 hrs same

25 CARPC EXECUTIVE COMMITTEE AGENDA COVER SHEET October 9, 2017 Item 6.a. Re: Procedures for Executive Committee Recommendations to the Commission (actionable item) Requested Action: Approval Background: At the September 11 meeting of the Executive Committee it was requested that this item be added to the Committee s October agenda to consider the following proposed motion: (1) The Commission delegate the authority to act on management, budget, personnel, space, and contracts to the Executive Committee; (2) there is a report on actions on those items that is presented to the full Commission that comes after the minutes. If any one Commissioner wishes to have the full Commission act on any of those items on those issues, that Commissioner can request that item be re-discussed at that point in the agenda; (3) the Executive Committee may make recommendations to the full Commission on policy items that it discusses but the full Commission has to adopt the policy; and: (4) when the Executive Committee reports to the full Commission, the Committee should list how the Committee voted. In April 2017, the Executive Committee reviewed and accepted a document, Categories of Decision- Making that lists types of decisions made by the agency, and the role of the Executive Committee for each type of decision, ranging from approving, recommending, reviewing and no action. Options, Analysis and Recommendation: At request of the Committee during its September 11 meeting, staff prepared the following discussion topics: Should Executive Committee reports be voted on as part of a consent agenda, with option to remove an item for separate Commission action? Should the Categories of Decision-Making, CARPC, REVISED April 2017 be presented to Commission for approval/adoption? Should the Executive Committee recommend decision-making procedures to the Commission for approval/adoption? Attachments: 1. Categories of Decision-Making, CARPC, REVISED April 2017 Staff Contact: Steve Steinhoff Deputy Director SteveS@CapitalAreaRPC.ortg Next Steps: Potentially, Committee action, Commission action, implementation of procedures

26 Categories of Decision Making Capital Area Regional Planning Commission REVISED April 2017 Commission Approves (Policy Level and Bylaw Delegated Decisions) Adopt/Amend Plans, Release for Review and Comment Selection of Officers, Committee Members Removal of Officers (requires super majority vote) Executive Committee Reviews, Commission Approves (Policy Level Decisions) Included on Commission agendas as separate item for approval: Establish Committees Amend Bylaws (requires super majority vote) Adopt/Amend Budgets Adopt/Amend Work Programs Appointment of Executive Director (as Personnel Committee) (requires super majority vote) Executive Committee Recommends Approval, Commission Approves Included on Commission agendas under item, Executive Committee Report as Recommendation for Approval : Mission Statement Adoption/Revision Execute Unanticipated Agreements (e.g. Wisconsin Center Education Research AGMV game project) Institute/Amend Fees Executive Committee Approves, Commission Approves Where Commission approves separation of item under agenda item, Executive Committee Report (below category): Items separated by Commissioner for Commission Approval Executive Committee Approves, Commission Accepts (Administrative and Operational Decisions) Included on Commission agendas under item, Executive Committee Report, not as Commission decision items: Execute Agreements within approved budget and work program Amend Agreements within approved budget and work program Financial oversight: approval of disbursements and treasurer s report Work Program Implementation (e.g. farmland loss mitigation activities) Additional expenditures within budget (e.g. contribution to housing gap video) Commission Procedures (e.g. process for amending LU&TP) Commission Operations/Personnel (e.g. Commissioners as Independent Contractors) Personnel Committee Approves, Commission Accepts (Administrative and Operational Decisions) Included on Commission agendas under item, Executive/Personnel Committee Report, not as Commission decision items: Hiring of Deputy Director and Division Directors Personnel Manual amendments Personnel decisions: approve position description; Deputy Director performance review Review of staff appeals of disciplinary actions and decisions regarding employee grievances

27 Staff Level, Carrying out Decisions Spending on items within adopted budget limits and categories Carrying out activities within adopted work program Recommend job descriptions to Executive Committee for approval Personnel decisions below Executive/Deputy Director: hiring, firing, promotion, evaluation, discipline, development Providing, research, analysis and recommendations to Executive Committee and Commission Policy Manual discussions?

28 CARPC EXECUTIVE COMMITTEE AGENDA COVER SHEET October 9, 2017 Item 7.a. Re: Approval of October 2017 Disbursements and Treasurer s Report for September 2017 (actionable item) Requested Action: Approval of October 2017 Disbursements and Treasurer s Report for September 2017 Background: CARPC internal controls require that bills be approved by CARPC or its Executive Committee and also that the Treasurer routinely review the CARPC bank statement, the entries and balance of the cash account of the general ledger, the bank account reconciliation prepared by staff, and the previous month s ending cash balance. This review by the Treasurer is regularly confirmed by his or her signature on the Treasurer s Report, or by the Chair in the absence of a Treasurer, per the terms of CARPC s bylaws. Options and Analysis: Attachments: 1. October 2017 Voucher Bills 2. September 2017 Treasurer s Report 3. Budget Year-to-Date as of September 30, 2017 Staff Contact: Linda Firestone Administrative Services Manager LindaF@CapitalAreaRPC.org Next Steps:

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