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09-17-2013 GI Area Metropolitan Planning Organization Regular Meeting PacketGIAMPO - Policy Board AGENDA Council Chambers Open Meetings Notifications (Posters on Wall) 1.Call to Order This is a public meeting subject to the open meetings laws of the State of Nebraska. The requirements for an open meeting are posted on the wall in this room and anyone that wants to find out what those are is welcome to read through them. 2.Introductions 3.Purpose of the MPO and the Policy Board 4.Agenda 5.Minutes from July 23, 2013 Meeting 6.Amend GIAMPO Policy Board Bylaws 7.Elect Vice Chairperson 8.NDOR Memorandum of Agreement 9.Resolution 2013-02 for Approval of Memorandum of Agreement 10.GIAMPO Coordinator Position 11.Annual List of Meetings & Next Meeting Date 12.Other Items: Discussion Only 13.Set next meeting date 14.Adjournment Grand Island Regular Session - 9/17/2013 Page 1 / 31 GIAMPO – Policy Board Tuesday, September 17, 2013 Regular Session Item A1 Agenda Staff Contact: Mayor Jay Vavricek Grand Island Regular Session - 9/17/2013 Page 2 / 31 GIAMPO – Policy Board Tuesday, September 17, 2013 Regular Session Item C1 Minutes from July 23, 2013 Meeting Staff Contact: Mayor Jay Vavricek Grand Island Regular Session - 9/17/2013 Page 3 / 31 1 GRAND ISLAND AREA METROPOLITAN PLANNING ORGANIZATION (GIAMPO) MINUTES OF POLICY BOARD MEETING Tuesday, July 23, 2013 at 4:00pm Community Meeting Room Grand Island City Hall, 100 E. 1st Street, Grand Island, NE MEMBERS IN ATTENDANCE: Voting: Mayor Jay Vavricek; Vaughn Minton and Julie Hehnke, City Council Members; Bob McFarland and Dan Purdy, County Board Members; Randy Peters, Nebraska Department of Roads. City Council Member Scott Dugan, Council Member Bob Niemann and Planning Commission Chair, Pat O’Neill were absent. Non-Voting Present: Justin Luther Federal Highways Transportation Planner OTHERS IN ATTENDANCE: Chad Nabity, Regional Planning Director; John Collins, Public Works Director; Bob Sivick, City Attorney; Mary Lou Brown City Administrator; Jaye Monter, Finance Director; Nicki Stoltenberg, Assistant to the City Administrator; Brad Zumwalt, NDOR Highway Planning Manager; Wes Wahlgren, NDOR District 4 Engineer Mayor Jay Vavricek called the meeting to order at 4:03 pm. The Nebraska Open Meetings Act was acknowledged and introductions were made. Approval of minutes from June 25, 2013 Meeting Motion by Minton to approve the minutes of the June 25, 2013 meeting. Seconded by McFarland. The motion was unanimously approved. Discuss and Approve GIAMPO Policy Board Bylaws Nabity presented the final draft version of the GIAMPO Policy Board Bylaws. The suggested changes from the June Board meeting were noted and discussed. The Board also discussed the selection of the Vice Chair and Secretary. The Vice Chair will be elected at the next regular meeting. The Secretary will be the MPO Director as directed by City Administration. Motion by Peters to approve the GIAMPO Policy Board Bylaws. Seconded by Minton. The motion was unanimously approved with the following Roll Call vote: Vavricek, Minton, Hehnke, McFarland, Purdy and Peters voted in favor the motion. No one voted against the motion or abstained from the vote. Grand Island Regular Session - 9/17/2013 Page 4 / 31 2 Discuss and Approve Program Agreement for Planning (PL) Funds and Resolution Nabity presented the 2014 Planning (PL) Agreement. Peters mentioned that this agreement is the standard Department of Roads agreement that they use for MPOs. It will be signed by Mayor Vavricek and Mike Owes, Planning & Project Development Engineer for the State of Nebraska Department of Roads. The GIAMPO agreement is unique to us however, as it includes our UPWP which was approved at the June 25, 2013 meeting. Nabity also presented Resolution 2013-01 which was prepared by Nabity and Stoltenberg. Peters mentioned that the PL is the document that will allows for the State to begin distributing money to the GIAMPO. PL funds are required to be spent on planning activities. NDOR has also awarded funding to be used for startup costs associated with the formation of an MPO in addition to the PL Funds. Motion by Minton to approve Resolution 2013-01. Seconded by Purdy. The motion was unanimously approved with the following Roll Call vote: Vavricek, Minton, Hehnke, McFarland, Purdy and Peters voted in favor the motion. No one voted against the motion or abstained from the vote. Other Items: Discussion Only Zumwalt also mentioned that he is drafting a ‘Memo of Understanding’ from the State of Nebraska. Each Nebraska MPO receives a Memo of Understanding which outlines rules and responsibilities of each party. Nabity also mentioned that the MPO staffing position will be presented to the City Council during the annual budget presentations scheduled in August. MPO funds became available to our GIAMPO July 1, 2013. City staff will begin the process of expense reimbursement. It was also suggested that City staff provide the Policy Board with an informational Finance Report at the Board meetings. Set Next Meeting Date The next meeting date was set for Tuesday, September 17, 2013 at 4:00 pm at City Hall. Adjournment There being no further business, Mayor Vavricek adjourned the meeting at 4:33 pm. Grand Island Regular Session - 9/17/2013 Page 5 / 31 GIAMPO – Policy Board Tuesday, September 17, 2013 Regular Session Item H1 Amend GIAMPO Policy Board Bylaws Staff Contact: Mayor Jay Vavricek Grand Island Regular Session - 9/17/2013 Page 6 / 31 1 BYLAWS OF GRAND ISLAND AREA METROPOLITAN PLANNING ORGANIZATION (GIAMPO) POLICY BOARD ARTICLE I. - NAME Section 1. The name of this body shall be the Grand Island Area Metropolitan Planning Organization (GIAMPO) Policy Board (hereinafter “Policy Board”). ARTICLE II. - PURPOSE Section 1. The Policy Board shall serve as the local planning agency for matters necessary to comply with the requirements of Title 23, United States Code, and subsequent acts. The Policy Board shall have the power and duty to prepare and adopt comprehensive transportation studies and plans to guide the unified development of the Grand Island Area Metropolitan Planning Area and to promote the general welfare and prosperity of its people in an economic and efficient manner. Section 2. The Policy Board shall examine projects concerning the development of a safe, efficient, and coordinated transportation network. Section 3. The Policy Board shall annually adopt, at a minimum, a four-year MPO Transportation Improvement Program (TIP) and shall review the allocation of all federal-aid funds to eligible projects within each Annual Element of the TIP. Section 4. The Policy Board shall annually review the MPO Long-Range Transportation Plan (LRTP) and update as necessary, or at least once every five years. Section 5. The Policy Board shall annually adopt a MPO Unified Planning Work Program (UPWP) that details projected work activities and a proposed budget for implementation. Section 6. The Policy Board shall adopt and implement a MPO Public Participation Process (PPP) that outlines the promotion and utilization of public involvement, to be reviewed annually and updated as necessary. Grand Island Regular Session - 9/17/2013 Page 7 / 31 2 ARTICLE III. - MEMBERSHIP Section 1. A Policy Board voting member shall be a member of the governmental entities listed in Subsection 1a. 1a. The mayor or chairperson of each of the following governmental entities shall submit in writing to the Policy Board Secretary the name of the designated voting member or designee if permitted by the GIAMPO Contract. Subsection 1a. Voting Members  Mayor of the City of Grand Island  Four members of the Grand Island City Council recommended by the Mayor and approved by the City Council. Members are recommended and approved on an annual basis.  Two members of the Hall County Board of Supervisors who reside within the Metropolitan Transportation Planning area, selected by the County Board of Supervisors  The Chair of the Hall County Regional Planning Commission, or their designee from the Hall County Regional Planning Commission. Representative must live within the Metropolitan Transportation Planning area.  The NDOR Director-State Engineer, or designee A Policy Board non-voting member shall be a representative of the entities listed below. The name of the non-voting member or designee shall be submitted in writing to the Policy Board Secretary. Subsection 1b. Ex-Officio (Non-Voting) Members  The FHWA Nebraska Division Administrator or designee  The FTA Region VII Administrator or designee  Other members as approved by a majority vote of the Policy Board Section 2. All vacancies occurring in the Policy Board shall be filled in a manner similar to the original appointment. ARTICLE IV. - OFFICERS Section 1. The officers of the Policy Board shall be: a Chairperson (Mayor of Grand Island) whose duties shall be to preside at all meetings and to call special meetings; a Vice-Chairperson who shall perform the duties of the Chairperson in his or her absence or inability to act; and a Grand Island Regular Session - 9/17/2013 Page 8 / 31 3 Secretary who shall keep a full record of the proceedings of the Policy Board and of its committees and shall perform such other duties as the Policy Board may from time to time direct. Section 2. The Vice-Chairperson shall be elected annually from the voting membership of the Policy Board for a term of one (1) year at the first regular meeting of each calendar year. Section 3. The MPO Director shall serve as Secretary. The Secretary shall be responsible for keeping the records of the Committee, serve notice of meetings, and other duties as requested by the Policy Board. Section 4. All vacancies occurring in the offices of the Policy Board shall be filled by election by a majority vote of the Policy Board; the officer or officers so elected will serve until the next regular annual election of officers. ARTICLE V. - MEETINGS Section 1. The Policy Board shall meet on the 3rd 4th Tuesday of every odd month (January, March, May, July, September and November). Special meetings may be called by the Chairperson or by at least three (3) voting members of the Policy Board. Section 2. The Secretary of the Policy Board shall mail or deliver written (includes email) notice of each regular meeting, including a tentative agenda and designated location, to each member of the Policy Board at least seven (7) calendar days prior to such meeting. Notice of special meetings shall state the purpose for which said meeting is called and shall be called or delivered at least 24 hours in advance of the meeting date and time. Section 3. Policy Board may adopt such rules of operation as is deemed necessary, be open to the public, and conform to the requirements of Chapter 84 per the Revised Statutes of Nebraska. Section 4. Any member can initiate items for Policy Board meetings to the Chairperson or MPO staff for incorporation into the formal agenda. Section 5. The current edition of Robert’s Rules of Order shall guide the proceedings of the Policy Board where not in conflict with statutes or with any applicable law). Grand Island Regular Session - 9/17/2013 Page 9 / 31 4 ARTICLE VI. - QUORUM Section 1. The Secretary shall provide the Policy Board with an annual list of regular meetings. A quorum of any regular meeting of the Policy Board shall consist of those designated voting members or alternates in attendance. Section 2. A quorum at any special meeting of the Policy Board shall consist of at least fifty (50) percent of the total voting membership of the Policy Board. Section 3. The adoption of plans, amendments, revisions, or other actions thereof shall be by a majority vote of the Policy Board voting members present. ARTICLE VII. - VOTING POWER Section 1. Each Policy Board voting member shall have one vote. Non-voting members shall not have voting power. Section 2. In the absence of a regular Policy Board voting member, the designate if one is permitted shall have the voting power. Section 3. No proxy vote shall be accepted. Section 4. Policy Board voting members will vote via Roll-Call vote protocol. ARTICLE VIII. - COMMITTEES Section 1. The Policy Board may use such committees as may be necessary to carry out their duties. Committees shall be appointed by action of the Policy Board. Section 2. The MPO Transportation Technical Advisory Committee (Technical Advisory Committee) shall be created under separate bylaws and shall be directly responsible to the Policy Board for the initiation, review, and recommendations of transportation and transportation-related activities. The Technical Advisory Committee Chairperson or the MPO Director, in the Chairperson’s absence, shall report committee activities to the Policy Board. All transportation related matters requiring action by the Policy Board shall first be submitted to the Technical Advisory Committee for their review and recommendation. The Policy Board shall give due consideration to the Technical Advisory Committee’s recommendation in the disposition of their duties. Grand Island Regular Session - 9/17/2013 Page 10 / 31 5 ARTICLE IX. - AMENDMENT TO BYLAWS Section 1. All Bylaws of the Policy Board are subject to amendment, alteration, or repeal. New Bylaws or amendments, alterations or repeals may be made by the vote of a majority of all the voting members, provided that written or published notice shall be sent to each member at least seven (7) calendar days prior to the date of such meeting, which shall state an intention to alter, amend or reject or to adopt new provisions at such meeting. Section 2. The Policy Board may adopt other rules or operational procedures that are not inconsistent with these or subsequently adopted Bylaws. ARTICLE X. Section 1. If any one or more of the provisions of these Bylaws are declared contrary to law and therefore null and void, the validity of the remainder shall not be affected thereby. The Bylaws of the Grand Island Area Metropolitan Planning Organization (GIAMPO) Policy Board are hereby passed and adopted this 23rd day of July to be effective immediately. _______________________________________________ Mayor Jay Vavricek GIAMPO Policy Board Chairperson ATTEST: _______________________________________________ John Collins, PE GIAMPO Director / Secretary Amended on September 17, 2013. Grand Island Regular Session - 9/17/2013 Page 11 / 31 GIAMPO – Policy Board Tuesday, September 17, 2013 Regular Session Item H2 Elect Vice Chairperson Staff Contact: Mayor Jay Vavricek Grand Island Regular Session - 9/17/2013 Page 12 / 31 GIAMPO – Policy Board Tuesday, September 17, 2013 Regular Session Item H3 NDOR Memorandum of Agreement Staff Contact: Mayor Jay Vavricek Grand Island Regular Session - 9/17/2013 Page 13 / 31 1 MEMORANDUM OF AGREEMENT FOR TRANSPORTATION PLANNING AND PROGRAMMING BY AND BETWEEN THE GRAND ISLAND AREA METROPOLITAN PLANNING ORGANIZATION AND THE NEBRASKA DEPARTMENT OF ROADS This Memorandum of Agreement (MOA), made this _______day of ___________, 2013, by and between the Grand Island Area Metropolitan Planning Organization (MPO) and the Nebraska Department of Roads (NDOR). WITNESS THAT WHEREAS, pursuant to various statutes, the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) have established regulations which call for each metropolitan area to have a continuing, cooperative, and comprehensive transportation planning process that considers all transportation modes and supports metropolitan community development as a requirement for obtaining federal transportation funds; and WHEREAS, federal statutes and regulation require each state to have a statewide transportation planning process that is fully coordinated with the metropolitan transportation planning process; and WHEREAS, federal regulations establish a coordinated statewide and MPO transportation planning process that includes the development of a transportation plan addressing no less than a twenty-year planning horizon as of the effective date of the transportation plan for the metropolitan planning organization; and WHEREAS, the MPO is responsible for the long range transportation plan within its Metropolitan Planning Area (MPA) ; and WHEREAS, the purpose of this MOA is to define the specific roles and responsibilities of the MPO and the NDOR for metropolitan transportation planning and programming, to implement these statutes and regulations, and to ensure that a cooperative transportation planning and programming process is established between the MPO and the NDOR in the metropolitan planning area; and WHEREAS, the MPO was created in 2013 by the action of the Governor of the State of Nebraska and by a City Of Grand Island resolution and by a Memorandum of Understanding Grand Island Regular Session - 9/17/2013 Page 14 / 31 2 between the City of Grand Island and the State of Nebraska, Department of Roads (2013), that empowered the MPO to make and adopt a Regional Plan for the physical development of the territory within its geographic area, including transportation and land use plans, and nothing contained in this MOA shall be construed to abrogate or delete the exercise of statutory powers and duties of local boards or commissions and limit their ability under state and federal law to review and take action on all matters within the scope of its statutory responsibilities; and WHEREAS, the NDOR is responsible for formulating the general policy and planning the statewide transportation system including the management, construction and maintenance of public highways in Nebraska, for adopting a statewide transportation plan, Statewide Transportation Improvement Program and annual budgets for the construction, maintenance and operation of the state highway system, and nothing contained in this MOA shall be construed to abrogate or delete the exercise of the statutory powers and duties of the NDOR as the appropriate state agency under state and federal law to review and take action on all matters within the scope of its statutory responsibilities; and WHEREAS, the Nebraska state statutes have authorized the NDOR to implement policy and direction and enter into all contracts and agreements with other units of government to take such other actions as may be necessary to comply with federal laws and regulations; and WHEREAS, Grand Island Area MPO is the designated Metropolitan Planning Organization (MPO) pursuant to 23 USC 134 and 49 USC 5303 et seq. and continues to carry out its responsibilities in accordance with 23 CFR 450, and WHEREAS, the pertinent federal regulations require that there be an agreement between the MPO and the NDOR that specifies the responsibilities for cooperatively carrying out transportation planning and programming; and WHEREAS, it is the desire and intent of the parties to fulfill the pertinent federal requirements for the MPO pursuant to this MOA, while recognizing, and preserving the policies and statutory responsibilities of the NDOR under its enabling legislation; and WHEREAS, federal regulations require that the metropolitan transportation planning and programming process considers all modes of transportation and provides for consideration of projects, strategies and services consistent with metropolitan and local goals that will: Grand Island Regular Session - 9/17/2013 Page 15 / 31 3 1. Support the economic vitality of the metropolitan area; especially by enabling global competitiveness, productivity, and efficiency; 2. Increase the safety of the transportation system for motorized and non- motorized users; 3. Increase the security of the transportation system for motorized and non- motorized users; 4. Increase accessibility and mobility of people and freight; 5. Protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; 6. Enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; 7. Promote efficient system management and operation; and 8. Emphasize the preservation of the existing transportation system ; and WHEREAS, successful implementation of the MPO’s comprehensive plans and programs requires the continuing cooperative effort of local, regional, and state governments. NOW, THEREFORE, BE IT RESOLVED THAT the parties hereto do mutually agree as follows: A. PARTIES The MPO and the NDOR hereby agree to carry out and actively participate in the continuing, cooperative and comprehensive metropolitan transportation planning and programming process in accordance with applicable federal and state law and regulations. Further, the parties agree to cooperate to establish effective mechanisms to meet the needs of the metropolitan transportation planning and programming process, including providing for public involvement in regional and state transportation planning. B. APPLICABILTIY This MOA applies to the continuing, cooperative and comprehensive metropolitan transportation planning and programming process required for the MPO by 23 U.S.C. Section Grand Island Regular Session - 9/17/2013 Page 16 / 31 4 134, and 4 U.S.C. 5303, et seq. and as implemented by the applicable regulations in order for the region to qualify for federal transportation funds and meet regional transportation planning requirements. C. PURPOSE This MOA is established to define the specific roles and responsibilities of the MPO and the NDOR for metropolitan transportation planning and programming within the Metropolitan Planning Area (MPA) boundaries of the MPO. The MPO and the NDOR hereby agree to carry out and actively participate in the continuing, cooperative and comprehensive metropolitan transportation planning and programming process in accordance with applicable federal and state law and regulations. The parties agree that metropolitan transportation planning and programming processes leading to the development and adoption of long range transportation plans (LRTP) and transportation improvement programs (TIP) may change in order to respond to changes in the law, restructuring within their respective organizations, or to reflect prior experience and local process. D. PARTICIPANT RESPONSIBILITIES The MPO, in cooperation with the NDOR and the operators of publicly owned transit services, is responsible for operation and maintenance of the metropolitan transportation planning and programming process within the MPA boundaries of the MPO. This responsibility includes preparing and adopting, in a manner consistent with the MOA, all required transportation plans, transportation improvement programs and documents of the metropolitan transportation planning and programming process. The parties to this MOA agree to actively participate in the metropolitan transportation planning and programming process, to cooperate to establish effective mechanisms to meet the needs of the metropolitan transportation planning and programming process and to fulfill commitments established pursuant to this MOA. While it is recognized that the parties are ultimately bound by the actions of their respective agencies, they commit to present within their organizations the recommendations resulting from the metropolitan transportation planning and programming process. Grand Island Regular Session - 9/17/2013 Page 17 / 31 5 E. PARTICIPATION IN THE PLANNING PROCESS The MPO has a technical advisory committee to address transportation and transportation- related issues. The NDOR will maintain membership on, and will cooperatively participate in, this committee. Any changes to the status of the NDOR role in the MPO technical advisory committees will be made in consultation with the MPO. Cooperation, or cooperative participation, means that the NDOR will actively participate on the MPO’s technical advisory committee; will provide adequate opportunity for the other to review and comment on draft transportation plans, transportation improvement programs and related documents; and will provide constructive comments in a timely manner so they may be evaluated and acted upon. To facilitate coordination in carrying out the metropolitan transportation planning and programming process, MPO and NDOR will cooperatively develop mechanisms and procedures to carry out the tasks needed to develop the metropolitan transportation planning and programming products required of the MPO. The MPO and NDOR will meet at least annually to discuss the metropolitan transportation planning and programming process carried out in the MPO transportation planning region, and will address: 1. The events of the past year, including any successes or failures between the participants in carrying out a continuing, cooperative, and comprehensive transportation planning and programming process and the terms of this MOA; 2. Issues relating to the coming year’s planning program; and 3. Other relevant matters. The parties hereby agree to conduct the metropolitan transportation planning process in an open manner such that members of the public, local entities, other transportation providers, and other interested parties can fully participate. The parties agree to take appropriate actions to ensure public participation through means identified in the MPO’s public involvement procedures. F. ORGANIZATION OF PLANNING PROCESS 1. The MPO Policy Board and Technical Advisory Committee Structure a. Policy Board Grand Island Regular Session - 9/17/2013 Page 18 / 31 6 The Policy Board of the MPO, as prescribed in its Bylaws, is the policy body for the MPO transportation planning region. The Policy Board maintains a staff to support its activities. The Policy Board may, from time to time, by appropriate resolution, appoint such committees, task forces, study groups, working groups, or other ad hoc or formal groups as it deems expedient to provide advice, recommendations, or technical expertise to further the principles and purposes of the MPO in its role as the Metropolitan Planning Organization and Transportation Management Agency. The MPO retains at its discretion all rights to define, limit, or terminate the activities of such groups without necessitating a change to this MOA. The NDOR has one (1) vote on the Policy Board. The MPO’s By-Laws define the purpose, composition, and operating characteristics of the Policy Board and its advisory committees. The following advisory committees and staff structure currently provide advice and recommendations to the MPO Policy Board regarding Metropolitan Planning Organization and Transportation Management Agency matters and responsibilities. b. Technical Advisory Committee The purpose of the MPO Transportation Technical Advisory Committee (TTAC) is to provide technical advice and to recommend appropriate courses of action to the MPO Policy Board and the MPO staff on current and emerging transportation issues, goals, plans, and programs affecting the MPO. The advice and recommendations address at least the: i. Unified Planning Work Program; ii. Transportation Improvement Program; iii. Long-Range Transportation Plan; iv. Policies and programs as may be directed by the MPO. The NDOR has two (2) votes on the TAC. G. GENERAL RESPONSBILITIES Grand Island Regular Session - 9/17/2013 Page 19 / 31 7 The parties recognize that the NDOR has a continuing duty of planning transportation systems of statewide significance, identifying potential transportation issues and concerns of statewide interest, and reconciling conflicts between Long Range Transportation Plans and transportation improvement programs. In carrying out its duties, the NDOR will partner with the MPO on activities within the MPA of the MPO. The parties recognize that the MPO is the agency responsible for comprehensive metropolitan transportation planning and programming for the MPO pursuant to federal law. In carrying out its duties and responsibilities within its MPA, the MPO will cooperatively participate in activities with the NDOR. The MPO and the NDOR will, as appropriate, coordinate public involvement for regional and statewide transportation plans and transportation improvement programs. The MPO and the NDOR each will, in a timely manner, inform and seek comment from the other party on proposed new or revised policies, goals and strategies within their purview. Each party will also inform the other of new or revised federal policies, regulations, planning factors listed in 23 CFR 450.206, and other guidance that may affect statewide and/or metropolitan transportation planning and programming. The NDOR will coordinate its project prioritization and programming process with the MPO’s long range transportation plan and transportation improvement program development processes to ensure that the state highway system projects the NDOR recommends or selects for implementation in the MPO area are consistent with MPO priorities. H. UNIFIED PLANNING WORK PROGRAM (UPWP) The primary purpose of the UPWP is to provide guidance in the management of work by the staff of the MPO and serve as the basis for the MPO one year transportation planning program. The MPO’s UPWP is developed in cooperation with local entities, NDOR, and FHWA/FTA. Annually the NDOR will prepare an agreement with the MPO, defining terms and conditions for the use of federal planning funds, along with the latest estimate of planning funds available, which is based on funding levels provided by FHWA and FTA. Upon approval, the UPWP for the MPO is submitted to Grand Island Regular Session - 9/17/2013 Page 20 / 31 8 the NDOR for review and to the FHWA/FTA for approval. Upon NDOR and FHWA/FTA approval of the MPO’s UPWP, the planning monies are available for the MPO’s use for the various planning activities enumerated in the UPWP. Amendments to the UPWP will be subject to review and approval by the funding agencies. As a basis for review of UPWP amendment requests, each party will submit reasons for changes, scope of work revisions, and funding information. The MPO will require the same information from sub-grantees, if any. The NDOR will review and comment upon draft UPWP’s and UPWP amendments to determine eligibility of proposed expenditures. THE NDOR will also review and comment upon UPWP progress, UPWP funding, status of expenditures, and reports as appropriate. The MPO shall submit invoices on a quarterly basis at a minimum. However, payments will not be made more often than once each thirty days. The State upon receipt of the proper invoices will make every reasonable effort to provide payment to the MPO within thirty calendar days. I. CERTFICATION OF THE PLANNING PROCESS Federal regulations require the MPO and the NDOR to certify that the metropolitan and statewide transportation planning process conforms with all applicable requirements of federal laws. The MPO and the NDOR will annually certify to the FHWA and the FTA that the metropolitan transportation planning and programming process is addressing the major issues facing the MPO, and is being conducted in accordance with all applicable requirements. J. LONG RANGE TRANSPORTATION PLAN(S) The MPO will review, update, and approve the Long Range Transportation Plan (LRTP) at least every five (5) years or as required by 23 CFR 450.322c. The MPO will develop the LRTP in consultation with federal and state officials responsible for planning affected by transportation. The MPO will develop the revenue projections for the LRTP in cooperation with the NDOR consistent with resource allocation for federal and state transportation funds. MPO and NDOR staff participates in the development of a recommendation of resource allocation. Such recommendation is considered for Grand Island Regular Session - 9/17/2013 Page 21 / 31 9 adoption by the NDOR for federal and state transportation funds. For the purpose of developing the long range transportation plan, the MPO, the NDOR and the operators of publicly owned transit services shall cooperatively develop estimates of funds that will be available to support Long Range Transportation Plan(s) implementation. The NDOR will participate in the development of the LRTP and will provide initial long-range estimates of available federal and state transportation funds for all funding categories. The MPO will use these initial long-range funding estimates during the cooperative development of the final LRTP funding levels. The NDOR will review and provide written comments, addressing fiscal constraint on the draft LRTP in time for the comments to be evaluated and acted upon prior to the draft LRTPs being released to the public for comment. The MPO and NDOR shall cooperatively develop all federal and state funded transportation projects on the state highway system in the MPO transportation management area for inclusion in the MPO’s long range transportation plan. The maintenance and operations program will be addressed in the LRTP at the system level. Inclusion of the maintenance and operation program in the LRTP will be considered a planning estimate, reasonably expected to be available, but not a guarantee or specific commitment of maintenance dollars to be spent in the MPO. The MPO will develop the process and timeline for project prioritization and selection for each LRTP. The NDOR will participate in the development, review and approval of the project prioritization and selection process. The MPO will approve projects to be included in its LRTP. When amending a LRTP, the MPO will ensure fiscal constraint is maintained. The NDOR will review and comment on LRTP amendments for fiscal constraint and transportation issues. The parties will report events that may significantly impact long range transportation plans as soon as they become known. These events or conditions include problems, delays, or adverse conditions that will materially affect the revenue, schedule or scope Grand Island Regular Session - 9/17/2013 Page 22 / 31 10 of a project. This disclosure will be accompanied by a statement of the action contemplated to resolve the situation. K. TRANSPORTATION IMPROVEMENT PROGRAMS For the purpose of developing the Transportation Improvement Programs (TIP), the MPO, the NDOR and operators of publicly owned transit services will cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. The MPO will develop and approve its TIP as appropriate in coordination with the Statewide Transportation Improvement Program (STIP) and LRTP. The MPO will ensure its TIP is fiscally constrained and that projects in it are consistent with the LRTP. The MPO will develop the TIP financial plan in cooperation with the NDOR consistent with the approved resource allocation for processing federal aid projects. The MPO, in cooperation with the NDOR and the operators of publicly owned transit services, shall establish the TIP development schedule. The NDOR will participate in the development of the TIP and will provide initial estimates of available federal and state transportation funds for all funding categories. The MPO will use these initial funding estimates during the cooperative development of the final TIP funding levels. The NDOR will review and provide comments, addressing fiscal constraints on the draft TIP in time for the comments to be evaluated and acted upon prior to the draft TIP being released to the public for comment. After the TIP is approved by the MPO and the Governor, the NDOR will amend the TIP into the STIP without modification. The NDOR will submit its amended STIP to the FHWA and the FTA for approval and provide copies to the MPO. The MPO and NDOR shall cooperatively develop all federal and state funded transportation projects on the state highway system in the MPO transportation management area for inclusion in MPO’s TIP. The maintenance and operations program will be addressed in the TIP at a system level. The maintenance and operations program will be considered a planning estimate, reasonably expected to be available, Grand Island Regular Session - 9/17/2013 Page 23 / 31 11 but not a guarantee or specific commitment of maintenance dollars to be spent in the MPO. The MPO will develop the process and timeline for project prioritization and selection for each TIP. The NDOR will participate in the development, review and approval of the project prioritization and selection process. When amending a TIP, the MPO will ensure that consistency with the current long range transportation plan and fiscal constraint are maintained. The NDOR will review and comment on draft TIP amendments for consistency with the STIP and fiscal constraint. The parties will report events that might have significant impact on the TIP as soon as they become known. These events or conditions include problems, delays, or adverse conditions that will materially affect the revenue, schedule or scope of a project. This disclosure will be accompanied by a statement of the action contemplated to resolve the situation. The NDOR, in cooperation with the MPO, will ensure all contract scopes for all projects using federal funds carried out within the MPA boundaries of the MPO are consistent with the MPO’s TIP. The NDOR will provide budget reports on all open projects using federal funds carried out within the MPA boundaries of the MPO upon request. L. ANNUAL LISTING OF OBLIGATED PROJECTS In cooperation with NDOR and operators of publicly operated transit services, the MPO will develop an annual listing of obligated highway and transit projects requiring federal dollars from the preceding program year. The listing shall be consistent with information contained in the TIP. M. CORRIDOR OR OTHER MAJOR STUDIES The MPO may be the lead agency to conduct regional, multi-jurisdictional corridor or feasibility studies for roadways on the state highway system on behalf of the NDOR after discussion with and agreement by the NDOR. Grand Island Regular Session - 9/17/2013 Page 24 / 31 12 The MPO is responsible for maintaining and updating the regional transportation model for the arterial roadways within the MPO urbanized area. The NDOR will provide existing traffic count information in the form of annual average daily traffic (AADT) volume for all state highways within the MPO urbanized area. This information shall be converted to average daily traffic (ADT) and used by the MPO for model calibration and by NDOR as data input for the bi-annually prepared traffic flow map. The regional transportation model shall be updated to include new census information that is developed and published every ten years by the Census Bureau. NDOR shall review the MPO’s model as it is being developed or updated to ensure model performance and consistency is achieved. The MPO and NDOR shall work cooperatively in the development and application of the regional transportation model. The MPO and NDOR will share in the traffic counting responsibilities for roadways within the MPO urbanized area. Generally, the MPO will perform traffic counts for roadways off of the state highway system, and NDOR will perform traffic counts for all roadways on the state highway system, including the interstate system. The MPO and NDOR agree that traffic counting services may be requested for roadways on the other entity’s system. This service may be requested due to an entity’s current staffing and workload conditions or in cases where deadlines require this level of cooperation. As appropriate, the MPO will participate in other NDOR transportation planning efforts within the MPO region. Additional transportation planning processes include but are not limited to:  NDOR ‘s Public Hearing and Project Approval Process  NDOR’s Corridor Study Process  Updates/revisions to the State Highway Access Control Policy process; and  Project environmental reviews (Environmental Assessments, Environmental Impact Statements, Categorical Exclusions, etc) N. DISPUTE RESOLUTION Grand Island Regular Session - 9/17/2013 Page 25 / 31 13 The MPO and the NDOR staff will make every attempt to resolve differences at the appropriate staff level and in a timely manner. Differences not resolved at the staff level will be addressed by the MPO executive director and the NDOR Director-State Engineer. Policy issues not settled at the executive director and NDOR Director-State Engineer level will be taken to the FHWA/FTA level for resolution. O. AMENDMENT OR TERMINATION OF AGREEMENT This MOA will be reviewed at least every four years. It may be amended, whenever deemed appropriate, by written agreement of both parties. Either party to this MOA may terminate it by a 60-day written notice to the other party. If this occurs, the parties agree to consult further to determine whether the issues can be resolved and the agreement re-implemented in an amended form. The undersigned parties hereby agree to the roles and responsibilities described above. NEBRASKA DEPARTMENT OF ROADS GRAND ISLAND AREA METROPOLITAN PLANNING ORGANIZATION ______________________________ __________________________________ Director – State Engineer Mayor ______________________________ __________________________________ Date Date Grand Island Regular Session - 9/17/2013 Page 26 / 31 GIAMPO – Policy Board Tuesday, September 17, 2013 Regular Session Item I1 Resolution 2013-02 for Approval of Memorandum of Agreement Staff Contact: Mayor Jay Vavricek Grand Island Regular Session - 9/17/2013 Page 27 / 31 RESOLUTION 2013-02 SIGNING OF THE MEMORANDUM OF AGREEMENT GRAND ISLAND AREA METROPOLITAN PLANNING ORGANIZATION Whereas: The Grand Island Area Metropolitan Planning Organization (GIAMPO) intends to work with the Nebraska Department of Roads (NDOR) to fund and coordinate transportation projects; and Whereas: The GIAMPO understands that it must strictly follow all Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of Federal aid projects; and Whereas: The purpose of the Memorandum of Agreement is to define the specific roles and responsibilities of the GIAMPO and the NDOR for metropolitan transportation planning and programming, to implement statutes and regulations, and to ensure that a cooperative transportation planning and programming process is established between the GIAMPO and the NDOR in the metropolitan planning area. Be It Resolved: by the Policy Board of the GIAMPO that: Jay Vavricek, Chairperson of the Board and Grand Island Mayor, is hereby authorized to sign the attached Memorandum of Agreement between the GIAMPO and the NDOR. Adopted this 17th day of September, 2013 at Grand Island, Nebraska. The Policy Board of the Grand Island Area Metropolitan Planning Organization: Mayor: Jay Vavricek Council Members: Vaughn Minton, Scott Dugan, Julie Hehnke, Bob Niemann County Board Members: Bob McFarland, Dan Purdy Planning Commission Chair: Pat O’Neill Nebraska Department of Roads Director: Randy Peters moved the adoption of said resolution. , seconded the motion. Roll Call: __-Yes; __-No; __-Abstained; __-Absent Resolution adopted, signed and billed as adopted. Attest: _________________________ John Collins, PE GIAMPO Director / Secretary Grand Island Regular Session - 9/17/2013 Page 28 / 31 GIAMPO – Policy Board Tuesday, September 17, 2013 Regular Session Item J1 GIAMPO Coordinator Position Staff Contact: Mayor Jay Vavricek Grand Island Regular Session - 9/17/2013 Page 29 / 31 GIAMPO – Policy Board Tuesday, September 17, 2013 Regular Session Item J2 Annual List of Meetings & Next Meeting Date Staff Contact: Mayor Jay Vavricek Grand Island Regular Session - 9/17/2013 Page 30 / 31 2013-14 GIAMPO Policy Board Meetings Tuesday, November 26, 2013 Tuesday, January 28, 2014 Tuesday, March 25, 2014 Tuesday, May 27, 2014 Tuesday, July 22, 2014 Tuesday, September 23, 2014 Tuesday, November 25, 2014 Grand Island Regular Session - 9/17/2013 Page 31 / 31