NILES-BUCHANAN-CASS AREA TRANSPORTATION STUDY · 2017-01-17 · NILES-BUCHANAN-CASS AREA TRANSPORTATION STUDY . COMBINED TECHNICAL ADVISORY and POLICY COMMITTEE MEETING . AGENDA Comments

NILES-BUCHANAN-CASS AREA TRANSPORTATION STUDY COMBINED TECHNICAL ADVISORY and POLICY COMMITTEE MEETING

AGENDA Comments will be solicited on each item following discussion and prior to any final action.

1. Call to Order / Introductions and Pledge of Allegiance 2. Changes to the Agenda 3. Public Comment 4. Approve Minutes from the November 15, 2016 Meeting (Enclosed) ACTION 5. Staff Report

• NATS 2016 Project Obligation Annual Report (Enclosed) 6. Community Land Use and Zoning Member Updates 7. Public Transit

• Berrien Countywide Service Plan (SWMPC Staff) • Niles Dial a Ride (Kelly Getman Dissette) • Buchanan Dial a Ride (Kim O’Haver)

8. Project Status Reports (Enclosed) • Berrien County Road Commission • Cass County Road Commission • City of Niles • MDOT

9. Old Business • Vote on approval of amendments to the TAC & Policy Bylaws (Enclosed) ACTION

10. New Business • Nominations/Election of Chair & Vice Chair ACTION • Presentation and Approval of the Travel Demand Model base year SE data (Enclosed) ACTION • UWP Amendment to add MACOG development of the Travel Demand Model ACTION • Approve the 2017 Meeting Schedule (Enclosed) ACTION • State and Federal Updates (Jim Sturdevant & Jonathon Smith MDOT)

11. Public Comment 12. Privilege of the Floor 13. Adjournment

• Next NATS meeting is scheduled for: February 28, 2017 @ 1:30 pm.

FOR FURTHER INFORMATION, CONTACT: Brandon Kovnat, Transportation Planner Kim Gallagher, Transportation Planner (269)-925-1137 Ext: 1524 & 1518

DATE: January 24, 2017

TIME: 1:30 PM

PLACE: Niles City Council Chambers 1345 E Main St Niles MI, 49120

NILES/BUCHANAN/CASS AREA TRANSPORTATION STUDY (NATS) Joint Technical Advisory Committee (TAC) & Policy Committee (POL) MINUTES

November 15, 2016

Attendance Committee

Name REPRESENTING TAC POL Brian Berndt Berrien County Road Commission x Kim O’Haver Buchanan Dial A Ride x x Malinda Cole-Crocker Buchanan Township x x Robert Ziliak Cass County Board of Commissioners x x Barbara Cook Cass County Planning Commission x x Pete Fournier Cass County Road Commission x Joe Bellina Cass County Road Commission x Don Ryman City of Buchanan x x Georgia Boggs City of Niles x Serita Mason City of Niles x Jan Personette Four Flags Area Chamber of Commerce x x Jonathon Smith MDOT Coloma Office x x Denise Smith MDOT- Southwest Region Jon Roberts MDOT Urban Travel Analysis

Don Mayle MDOT Urban Travel Analysis

Dawn Bolock Ontwa Township x x Brandon Kovnat Southwest Michigan Planning Commission Staff Kim Gallagher Southwest Michigan Planning Commission Staff

Committee Members Absent Name REPRESENTING Evan Smith Berrien Co. Community Development John Klimek Berrien County Board of Commissioners Jim Curran Berrien County Commissioner Vickie Wagner Berrien County Planning Commission Jess Minks Berrien County Road Commission Steve Hicks Bertrand Township Bill Marx City of Buchanan Joe Ray City of Niles Andrea Dewey Federal Highway Administration (ex officio) Stewart McKenzie Federal Transit Administration (ex officio) Melinda Michael Four Flags Area Council on Tourism Craig Bradfield Howard Township Bob Sutton Mason Township Jim Sturdevant MDOT Planning Jason Latham MDOT Southwest Region

Fred Featherly MDOT-Multi-Modal John Lanum Michigan Department of Transportation Representative Milton Township Richard Cooper Niles Charter Township Kelly Getman-Dissette Niles Dial A Ride David Newell Pokagon Band of Potawatomi Indians Representative Southwestern Michigan Economic Growth Alliance Rich Low Village of Edwardsburg

1. Call to Order/ Introductions and Pledge of Allegiance The Joint Technical Advisory Committee and Policy Committee meeting was called to order by Technical Advisory Committee Chair Joe Bellina at 1:30 PM on November 15, 2016 at the Niles City Council Chambers, 1345 E Main St, Niles, MI. The Pledge of Allegiance was recited by all present, followed by introductions. 2. Changes to the Agenda Brandon Added discussion on canceling the December meeting scheduled for December 20, 2016 3. Public Comment None. 4. Minutes Motion to approve the September 27, 2016 Joint Technical Advisory Committee (TAC) & Policy Committee Meeting Minutes, by Brian Berndt and second by Serita Mason. Motion Approved. 5. Staff Report Kim discussed the Transportation Alternative Program (TAP) Call for Projects. Because NATS is a part of the South Bend Urbanized Area which is TMA we received dedicated TAP funding. A TMA is an urbanized area with more than 20,000 people. In the past it has been used for Gumwood Road. NATS receives the following amount for TAP:

• 2017 - $ 41,894 • 2018 - $ 42,732 • 2019 - $ 43,587 • 2020 - $ 44,458

The selection process will be comparative awarded by a subcommittee of NATS which will meet before the January meeting to select a project. Joe asked for volunteers for this Subcommittee: Serita Mason, Joe Bellina, Kim O’Haver, and Georgia Boggs volunteered. Barbara Cook volunteered as an alternate member if needed. Kim also mentioned that there will be a Cass County CMAQ meeting on Wednesday November 16, at 11 AM following a Cass County Rural Task Force meeting at 10 AM. These meetings will

be held at the Cass County Road Commission office. CMAQ is eligible to any road or transit agency in the county for use on projects which reduce transportation related emissions. 6. Community Land Use and Zoning Member Updates None 7. Public Transit Updates

• SWMPC Kim Gallagher announced that The Contract for the county wide transit service plan was approved by MDOT Passenger Division. The consultant doing the study is Nelson Nygaard. Kim then discussed the four transit agencies in the county. There is an unserved portion of the Benton Harbor-St. Joseph Urbanized Area. Berrien Bus is dependent on contracts with agencies. There is no millage to support Berrien Bus. The study will answer what do we want and how do we get there. It will identify costs and activity centers, and more robust fixed routes. The study will also look beyond transit to other modes such as carpooling or ridesharing (Uber).

• Niles Dial A Ride Absent

• Buchanan Dial A Ride Kim O’Haver mentioned an upcoming event called Stuff the Bus, a charity donation event.

8. Agency Project Status Reports Brandon Kovnat said that project update sheets would be used for the next meeting. Sheets wil be sent two weeks prior to the meeting and are expected back one week prior so they can be included in meeting packets. 9. Old Business None 10. New Business

• Travel Demand Modeling Jon thanked the communities for reviewing socioeconomic data. Then he went over the timeline for review. He said that he would like data submitted to MDOT by December 15th. Kim Gallagher said this means it has to be completed and sent to SWMPC by December 13. Jon said he would adjust the data based on the review and return the data in January. Kim said it will get sent out with meeting packets on January 17. The data will be aggregated by TAZ. For each zone there will be population and employment. Employment is aggregated into three categories: Retail, Service, and Other. The approval of the data will happen at the January 24th meeting. The constant for MACOG will begin work on the base year of the model in February. Future year Population and employment will be forecast in March. This will be done by the demographic specialist at MDOT using growth rates from REMI. • Bylaw Review

Brandon Kovnat discussed the proposed changes to the TAC and Policy bylaws. A change was made to the bylaws. Brandon promised to email the final draft of bylaw changes and post them online. Once the final draft is sent out there will be a 30-day review period. Voting on the bylaws will occur at the January 24, meeting. Upon reviewing the bylaws Joe Bellina realized that the TAC committee never voted to approve the TAP subcommittee. Motion to approve the formation of a TAC subcommittee to select TAP projects consisting of Serita Mason, Joe Bellina, Kim O’Haver, and Georgia Boggs, by Serita Mason and second by Jan Personette. Motion Approved. Joe brought up canceling the December 20th meeting. There was no dissention. Motion to Cancel the December 20th, 2016 NATS TAC and Policy Committee meetings, by Georgia Boggs and second by Jan Personette. Motion Approved.

12. Privilege of the Floor Serita Mason congratulated the new mayor of the City of Niles. Kim Gallagher said that Andrea Dewey, the FHWA representative, would be out taking care of her newborn child and it was uncertain when she would be able to return to work. Andy Pickard is the current contact for FHWA. 13. Adjournment of the Meeting Meeting was adjourned at 2:20 PM. The next meeting is January 24, 2017, at 1:30 PM. Minutes compiled by: Brandon Kovnat, Southwest Michigan Planning Commission

Page 1 of 7

Overview

The preparation of this document has been financed in part through grant[s] from the Federal Highway Administration and Federal Transit Administration, U.S. Department of Transportation, under the Metropolitan Planning Program, Section 104(f) of Title 23, U.S. Code. The contents of this report do not necessarily reflect the official views or policy of the U.S. Department of Transportation. Federal Guidance

As the designated Metropolitan Planning Organization (MPO), the Southwest Michigan Planning Commission is required by Federal law to prepare a Transportation Improvement Program (TIP) to indicate how the Long Range Transportation Plan (LRP) will be implemented. Preparation of the TIP is required by federal legislation known as Fixing America’s Transportation Surface (FAST) Act (Pub. L. No. 114-94) and by the Metropolitan Planning Regulations (23CFR 450.324) of the United States Department of Transportation (USDOT). FAST Act requires that MPOs to publish an annual listing of projects for which funds have been obligated in the preceding year as a record of project delivery and a progress report for public information and disclosure. In addressing FAST Act requirements, this report lists all transportation projects in the study area that were obligated during Fiscal Year 2016 (October 1, 2015 - September 30, 2016).

The Niles-Buchanan-Cass Area Transportation Study (NATS) is the Michigan piece of the South Bend, Indiana, urbanized area as designated by the United States Census. The Niles-Buchanan-Cass Area Transportation Study encompasses nine jurisdictions in Berrien and Cass Counties, these municipalities are: City of Niles, City of Buchanan, Village of Edwardsburg, Bertrand Township, Buchanan Township, Howard Township, Milton Township, Niles Charter Township, Ontwa Township, and Mason Township.

Page 2 of 7

Acronyms

Phase Acronyms

BCON Construction

EPE Early Preliminary Engineering

PE Preliminary Engineering

ROW Right of Way

SUB Substructure

T-Capital Transit Capital

T-Ops Transit Operations

Funding Acronyms

AC Advance Construct

ACC Advance Construct Conversion

BHT Bridge Rehabilitation - Surface Transportation Program (STP)

BRI Bridge Replacement - Pre 1991 Interstate

CM Congestion Mitigation & Air Quality

CMG Congestion Mitigation & Air Quality - 100% Federal

HSIP Highway Safety Improvement Program

IM Interstate Maintenance-No Added Lanes

ST Surface Transportation Program –

Local STU Surface Transportation Program - Urban Areas > 200,000 Population

TAP Transportation Alternatives Program

Agency Acronyms

Niles DAR Niles Dial a Ride

SWMPC Southwest Michigan Planning Commission

BCRC Berrien County Road Commission

CCRC Cass County Road Commission

Page 3 of 7

Obligation Report Labels

Federal Cost: The amount of federal funds identified in the Transportation Improvement Program (TIP).

Local Phase Cost: The amount of local funds identified in the TIP

Total Phase Cost: The total phase cost identified in the TIP.

Total Project Cost: The total project cost identified in the TIP.

Actual Federal: The amount of federal funds obligated for a project.

Federal Funds Remaining: The amount of Federal Funds identified in the TIP less the amount of Federal Funds obligated.

FY 2016 Obligated Project Report by Federal Funding Source

MDOT Job No.

Responsible Agency Project Name Limits Project

Description Phase Federal

Fund Source

Federal Cost

($1000s)

Total Phase Cost

($1000s)

Total Project

Cost ($1000s)

Actual Federal

($1000s)

Federal Fund

Balance ($1000s

120685 Berrien County Road Commission

Bertrand, Third and State Line

Bertrand Road from US 31 to St. Joe River, Third St from Fulkerson to State Line, State Line from 3rd to S 11th

Hot mix patching and seal coat

CON STU 77 94 41 77 0

120695 City of Buchanan Red Bud Trail South City limit to

Front St.

Cold milling and resurfacing including miscellaneous curb and gutter replacement, ADA sidewalk ramps, replacement and pavement markings..

CON STU 254 317 41 254 0

Page 4 of 7

MDOT Job No.



Fund Source

Federal Cost

($1000s)

Total Phase Cost

($1000s)

Total Project

Cost ($1000s)

Actual Federal

($1000s)

Federal Fund

Balance ($1000s

120693 Cass County Road Commission

Fir Road Stateline to Redfield HMA overlay with shoulders and striping

CON STU 48 60 60 48 0

120696 Cass County Road Commission

Adamsville Road May Street to US 12 Crush and

shape CON STU 71 87 87 71 0

128836 City of Buchanan Red Bud Trail at Front St

Intersection

Pre-timed signal removal and construction of actuated signals with LED lights, pedestrian push buttons, and countdown signals.

CON CM 220 250 250 158 62

n/a Buchanan Dial A Ride

Bus Replacement Buchanan area

Replace one 2009 or older cutaway bus with one 2016 or newer cutaway bus

T-Cap 5339 54 68 68 50 4

n/a Buchanan Dial A Ride

Buchanan Dial-A-Ride Buchanan area

Three-bus demand-response public transit system serving the City of Buchanan and its environs.

T-Ops 5311 26 208 208 29 -3

Page 5 of 7

MDOT Job No.



Fund Source

Federal Cost

($1000s)

Total Phase Cost

($1000s)

Total Project

Cost ($1000s)

Actual Federal

($1000s)

Federal Fund

Balance ($1000s

n/a Niles Dial-A-Ride

Operating Assistance Niles area Public transit

operations T-Ops 5307 125 335 335 125


Preventive Maintenance Niles area Preventive

maintenance T-Cap 5307 104 130 130 104


Software Upgrades Niles area

Purchase scheduling software upgrades

T-Cap 5307 2 3 3 2

n/a Niles Dial-A-Ride Parking Lot Niles area

Fill cracks, reseal, and restripe parking lot and driveway

T-Cap 5307 7 9 9 7

n/a Niles Dial-A-Ride 5307 Subtotal Niles area

5307 238 477 477 236 2

131024 MDOT US 12 over M-51

Project scoping for interchange road and bridge work on US 12 over M-51

Non-Let project to pay MDOT staff charges to convene on the set up of future consultant Study.

EPE BRT 123 150 0 123

129199 MDOT US-31 BR (M-51 and Niles Main St)

M-51 and Niles Main St

Signal Optimization CON NHG 72 72 72 72000 0

113735 MDOT US-31 NB at Niles Buchanan Road

Expand and resurface existing carpool lot

CON ST 45 55 55 0 45

Page 6 of 7

MDOT Job No.



Fund Source

Federal Cost

($1000s)

Total Phase Cost

($1000s)

Total Project

Cost ($1000s)

Actual Federal

($1000s)

Federal Fund

Balance ($1000s

125133 MDOT US-12

At Old M-205 and Five Points Road intersection, Cass

County, Southwest Region.

Intersection Improvements

and Install Roundabout.

CON ST 1,585 1,936 2,252 2,027 1,564

127449 MDOT US-12 Bakertown Road to

the start of the divided section

Mill & Two Course HMA

Overlay ROW ST 16 20 5,122 0 16

127449 MDOT US-12 Bakertown Road to

the start of the divided section

Mill & Two Course HMA

Overlay CON ST 3,772 4,608 5,122 0 3,772

127563 MDOT M-139

From the turn at Front St. to

Marmont St. (s. of NCL Niles)

Cold Milling and HMA One Course Overlay

PE ST 30 37 440 53 -23

127563 MDOT M-139

From the turn at Front St. to

Marmont St. (s. of NCL Niles)

Cold Milling and HMA One Course Overlay

ROW ST 7 9 440 0 7

128723 MDOT US-12 West Village Limits of Edwardsburg to

M-62

Cold milling and multiple course HMA

Overlay

PE ST 164 200 2,000 164 0

128723 MDOT US-12 West Village Limits of Edwardsburg to

M-62

Cold milling and multiple course HMA

Overlay

ROW ST 16 20 2,000 0 16

128736 MDOT Various

M-60, W. of End

Divided; UAL Niles to S. of SVL Cassopolis

Overband Crack Fill PE ST 2 3 649 0 2

Page 7 of 7

MDOT Job No.



Fund Source

Federal Cost

($1000s)

Total Phase Cost

($1000s)

Total Project

Cost ($1000s)

Actual Federal

($1000s)

Federal Fund

Balance ($1000s

126104 MDOT US-12 over M-51

HMA waterproofing membrane, deck patch, approaches

SUB NH 49 60 446 0 49

126104 MDOT US-12 over M-51

HMA waterproofing membrane, deck patch, approaches

CON NH 316 387 446 0 316

Date: 1/10/2017 Name: Brian Berndt

Project Update Sheet

Project Name: Dayton, Orange, Third, Fulkerson, and Ontario Fiscal Year of award: 2017 Responsible Agency: Berrien County Road Commission MDOT Job Number: 120683

Project Limits: Dayton from US 12 to State Line; Orange from Bertrand to State Line; 3rd from Bell to Fulkerson; Fulkerson

Project Length: 5.5 miles Location: Bertrand Township Work Type: Restore & rehabilitate Phase: CON Project Description: Hot Patching and Seal, Single Chip

Activity Estimated Date Actual Date Resolution of Support for Local Match Submitted to SMWPC

Project Application Submitted to MOT

12/08/16 Grade Inspection Package Submitted to MDOT

12/08/16

Grade Inspection Meeting Scheduled Final Plan and Estimate to MDOT Project Obligated Project Letting Construction Start 05/2017

Project Completion 09/01/17

Project is: ☒On Schedule ☐Behind Schedule; Explain:

Amount Source

Federal $69,210 STP Urban (over 200,000) State $0 - Local $24,742 Berrien County Total $93,952

Date: 1/10/2017 Name: Brian Berndt

January 10, 2017 Brian Berndt


Project Name: Red Bud Trail and Niles Buchanan Road Fiscal Year of award: 2017 Responsible Agency: Berrien County Road Commission MDOT Job Number: 120684

Project Limits: Red Bud Trail: City of Buchanan to US 12 AND Niles Buchanan Road: Niles to Buchanan

Project Length: 4.0 miles Location: Buchanan township & Bertrand Township Work Type: Resurface Phase: CON

Project Description: Hot mix asphalt and seal coat


Project Application Submitted to MOT

12/08/16 Grade Inspection Package Submitted to MDOT

12/08/16

Grade Inspection Meeting Scheduled Final Plan and Estimate to MDOT Project Obligated Project Letting Construction Start 05/2017

Project Completion 09/01/17


Amount Source

Federal $69,210 STP Urban (over 200,000) State $0 - Local $24,742 Berrien County Total $93,952

Date: 1/17/2017 Name: Joe Bellina


Project Name: Redfield St. Fiscal Year of award: 2017 Responsible Agency: Cass County Road Commission MDOT Job Number: 120691 Project Limits: Brande Creek to Oak Project Length: 1.13 miles Location: Ontwa Township Work Type: Reconstruct Phase: CON

Project Description: Mill and structural overlay with shoulders, signs and striping

Activity Estimated Date Actual Date Resolution of Support for Local Match Submitted to SMWPC 1/19/17 1/19/17 Project Application Submitted to MOT 1/31/2017

Grade Inspection Package Submitted to MDOT 1/31/2017 Grade Inspection Meeting Scheduled 2/28/2017 Final Plan and Estimate to MDOT 3/17/2017 Project Obligated 3/31/2017 Project Letting 6/2/2017 Construction Start 7/10/2017 Project Completion 9/1/2017


Amount Source

Federal $276,300 STP Urban (over 200,000) State $0 - Local $98,700 Cass County Total $375,000

Date: 1/11/2017 Name: Jonathon Smith


Project Name: M-139 Fiscal Year of award: 2017 Responsible Agency: MDOT MDOT Job Number: 127563 Project Limits: Turn at Front St. to Marmont St. (s. of NCL Niles) Project Length: 1.13 miles Location: City of Niles Work Type: Resurface Phase: CON

Project Description: Cold Milling and HMA One Course Overlay


Project Application Submitted to MOT Grade Inspection Package Submitted to MDOT Grade Inspection Meeting Scheduled Final Plan and Estimate to MDOT Project Obligated Project Letting 04/07/2017

Construction Start Project Completion

Project is: ☒On Schedule ☐Behind Schedule; Explain: Awaiting final plan documents for submittal in the April Letting.

Amount Source

Federal $80,525 STP State State $17,856 Michigan Betterment Total $98,381

Date: 1/11/2017 Name: Jonathon Smith


Project Name: Various (M-60) Fiscal Year of award: 2017 Responsible Agency: MDOT MDOT Job Number: 128736 Project Limits: M-60, W. of End Divided; UAL Niles to S. of SVL Cassopolis Project Length: - Location: - Work Type: Overband Crack Fill Phase: CON

Project Description: Overband Crack Fill


Project Application Submitted to MOT Grade Inspection Package Submitted to MDOT Grade Inspection Meeting Scheduled Final Plan and Estimate to MDOT Project Obligated Project Letting Construction Start Project Completion

Project is: ☒On Schedule ☐Behind Schedule; Explain: Project has been turned in for the February letting.

Amount Source

Federal $ 53,196 STP State State $11,796 Michigan Betterment Total $ 64,992

Employment

Community 2015 Farm Employees

2015 Basic Employees

2015 Industrial

Employees

2015 Retail Employees

2015 Service

Employees

2015 Total Employees

Bertrand Twp 25 35 693 90 420 1263 City of Buchanan 0 95 500 272 746 1613 Buchanan Twp 11 29 47 107 214 408 Howard Twp 10 110 232 53 232 637 Mason Twp 0 15 239 0 27 281 Milton Twp 15 77 363 36 212 703 City of Niles 2 158 1619 1265 3332 6376 Niles Twp 19 465 804 1285 2063 4636 Ontwa Twp 0 33 936 272 838 2079 Totals 82 1017 5433 3380 8084 17996

Population

Community 2010

Census Population

2015 Estimated Population

2010 Census Group

Quarters

2015 Estimated

Group Quarters

2010 Census Total

Households

2010 Census Vacant

Households

2010 Census

Occupied Households

2015 Estimated Occupied

Households Bertrand Twp 2657 2668 0 0 1122 91 1031 1059 City of Buchanan 4477 4382 0 0 2149 238 1911 1915 Buchanan Twp 3502 3457 10 9 1629 304 1325 1331 Howard Twp 6208 6359 15 15 2773 244 2529 2648 Mason Twp 2945 3113 0 0 1248 141 1107 1187 Milton Twp 3878 4301 0 0 1471 81 1390 1571 City of Niles 11603 11358 220 207 5430 622 4808 4781 Niles Twp 14160 13900 188 179 6246 562 5684 5781 Ontwa Twp 6549 6866 6 6 2984 369 2615 2782 Totals 55979 56404 439 416 25052 2652 22400 23055

NATS Combined Technical Advisory and Policy Committee 2017 Proposed Meeting Dates

When: Tuesdays at 1:30 PM Where: Niles City Council Chamber/ Fire Department 1345 E Main St, Niles, MI 49120

Proposed Dates:

1. January 24, 2017 2. February 28, 2017 3. March 28, 2017 4. April 25, 2017 5. May 23, 2017 6. June 27, 2017 7. July 25, 2017 8. August 22, 2017 9. September 26, 2017 10. October 24, 2017 11. November 28, 2017 12. December 19, 2017*

*Note: The December date is the 3rd Tuesday of the month to minimize conflicts with holidays. INCLEMENT WEATHER MEETING CANCELATIONS: If either the City of Niles buildings or county buildings are closed the NATS meeting will be canceled. Cancelations will be posted on the NATS meeting page of the SWMPC website. If you have any questions about meeting dates, please contact: Brandon Kovnat or Kim Gallagher Transportation Planners Southwest Michigan Planning Commission 376 West Main Street, Suite 130 Benton Harbor, MI 49022-3651 Work Phone # 269-925-1137 x 1524 and x1518 Email: [email protected]; [email protected]

mailto:[email protected]

mailto:[email protected]

NATS TAC BYLAWS – DRAFT PROPOSED REVISIONS 1

NILES-BUCHANAN-CASS AREA TRANSPORTATION STUDY

TECHNICAL ADVISORY COMMITTEE BYLAWS

[DRAFT PROPOSED REVISIONS – 2016]

ARTICLE I: COMMITTEE NAME AND PURPOSE

SECTION 1.1: NAME

The name of this committee shall be the Niles-Buchanan-Cass Area Transportation Study

(NATS) Technical Advisory Committee, hereinafter referred to as the TAC.

SECTION 1.2: PURPOSE

The purpose of the Technical Advisory Committee shall be to provide technical advice to the

NATS Policy Committee in all aspects of the continuing, comprehensive and cooperative

transportation planning process carried out by the Southwest Michigan Planning Commission

(SWMPC), the Metropolitan Planning Organization (MPO) responsible for coordinating the

transportation planning process in the Niles-Buchanan-Cass Urban Area as it relates to NATS.

Such advisory services shall be provided in cooperation with SWMPC staff level transportation

planning activities for the NATS area.

The TAC shall:

Provide updates on the progress of federal-aid transportation projects as they go through

preliminary design work, the MDOT Local Agency Programs process or MDOT Transit

Contract process, and construction or implementation.

Review the Long Range Plan (LRP) and recommend updates as necessary.

Review the Transportation Improvement Program (TIP) and review the allocation of

federal eligible projects within the each year the TIP.


federal eligible projects within each year of the TIP.

Ensure the LRP and TIP conform to the to the Michigan Transportation Conformity Air

Quality State Implementation Plan (SIP), as required by Regulation 23 CFR 450.312(d)

and as determined in accordance with the U.S. EPA conformity regulation (40 CFR Part

51).

Review the Unified Planning Work Program that details work activities and proposed

budget.

Review and update a Public Participation Process that outlines the promotion and

utilization of public involvement and is described in the Participation Plan.

Ensure the efficient and effective use of Federal Highway Administration (FHWA)

Metropolitan Planning (PL) and Federal Transit Administration (FTA) Section 5303

funds.

Explanatory note: Bylaws Section 1.2: Purpose, Bullet Point 3 has awkward wording. The change proposed would correct this error.


ARTICLE II: MEMBERSHIP AND OFFICERS

SECTION 2.1: MEMBERSHIP

TAC voting membership shall consist of each of the following:

Niles City Public Works Director

City of Niles Community Development Director

City of Niles public transportation provider (Dial-A-Ride)

City of Buchanan public transportation provider (Dial-A-Ride)

City of Buchanan representative

Village of Edwardsburg representative

Berrien County Community Development Department

Berrien County Road Commission Engineer-Manager

Representative of the Cass County Planning Commission

Cass County Road Commission Engineer-Manager

Four Flags Area Chamber of Commerce representative

Jerry Tyler Memorial Airport representative

Michigan Department of Transportation, Bureau of Transportation Planning

representative

Michigan Department of Transportation, Transportation Service Center representative

Michigan Department of Transportation, Southwest Region representative

Southwestern Michigan Economic Growth Alliance representative

Bertrand Township

Buchanan Township

Howard Township representative

Mason Township representative

Milton Township representative

Niles Charter Township representative

Ontwa Township representative

Pokagon Band of Potawatomi Indians representative

Kinexus

TAC non-voting members shall include a representative from:

Federal Highway Administration, Michigan Division

Federal Transit Administration

Michiana Area Council of Governments

Michigan Department of Environmental Quality, Air Quality

Michigan Department of Transportation Modeling

Michigan Department of Transportation UPTRAN

Michigan Department of Transportation Office of Passenger Transportation

Southwest Michigan Planning Commission

Explanatory note: TAC has already voted to add a representative from Mason Township to its voting membership after the last adjustment to the urban boundaries


after the 2010 U.S. Census. However, the minutes do not record that the procedure for bylaw amendment was fully followed. This bylaw amendment is to ensure that the bylaws and minutes accurately reflect the intention already expressed by TAC to include Mason Township in its voting membership. The new name for MDOT UPTRAN is proposed to update the Bylaws wording. SECTION 2.2: ALTERNATE REPRESENTATIVES

The legislative or policy-level body of each governmental unit and agency identified in Section

2.1 may appoint an alternate representative for its respective TAC member. The alternate

representative may vote in the absence of the duly appointed TAC member at the TAC meeting.

In no case shall more than one vote for each governmental unit or agency be cast on any given

item of business.

SECTION 2.2: ALTERNATE REPRESENTATIVES


2.1 may appoint an alternate representative for its respective TAC member. The alternate

representative may vote in the absence of the duly appointed TAC member at the TAC meeting.

In no case shall the alternate representative vote when the voting member that he or she is

serving as an alternate member is also present.

Explanatory note: TAC Bylaws Section 2.2: Alternate Representatives has awkward wording that don’t make its intention clear. For example, the wording could be interpreted to mean that between the Niles City Public Works Director, City of Niles Community Development Director, and City of Niles public transportation provider (Dial-A-Ride), only one vote could be cast even though three voting members is intended. The revised wording corrects this problem.

SECTION 2.3: APPOINTMENT OF REPRESENTATIVES

TAC member jurisdictions can appoint a new representative to TAC at any time. To appoint new

members, a manager, supervisor, or local governing board chair must send a formal letter or

email to the MPO staff specifying the change.

SECTION 2.4 ATTENDANCE

SWMPC staff shall publish an annual attendance report showing attendance of representatives

from each jurisdiction. This report will be available via the NATS website, and will also be

provided to the manager, supervisor, or governing board member from each NATS member

community.

SECTION 2.4: ATTENDANCE


from each jurisdiction. This report will be available via the NATS website, and will also be



community. If any voting member or their designated alternate fails to attend three (3)

consecutive meetings, SWMPC staff shall notify his/her governmental unit or agency and

request appropriate action to ensure its representation.

Explanatory note: TAC’s attendance requirements are represented in the first two sentences of the proposed new Section 2.4, and the Policy Committee’s attendance requirements are in the third sentence of the new proposed section. The proposed change standardizes the attendance requirements between TAC and the Policy Committee by including both groups requirements.

SECTION 2.5: OFFICERS

From among its Voting Membership, the TAC shall elect a Chair and a Vice-Chair who shall be

elected bi-annually at the August TAC meeting. Said officers shall serve a two-year term. In the

event that the Chair vacates the position before the two-year term has expired, the Vice Chair

shall serve as Chair for the remainder of the term. In the event that the Vice Chair position is

vacated prior to expiration of the term, the office shall be filled by a simple majority vote of the

voting members at the next TAC meeting following the office being vacated.


From among its voting membership, the TAC shall elect a Chair and a Vice-Chair who shall be

elected bi-annually at the first TAC meeting of odd numbered calendar years. Said officers shall

serve a two-year term. In the event that the Chair vacates the position before the two-year term

has expired, the Vice Chair shall serve as Chair for the remainder of the term. In the event that

the Vice Chair position is vacated prior to expiration of the term, the office shall be filled by a

simple majority vote of the voting members at the next TAC meeting following the office being

vacated.

Explanatory note: In reviewing the Bylaws for the NATS TAC and Policy Committee it is noted that there are differences between when NATS TAC and NATS Policy Committee hold officer elections. NATS TAC holds them in August, but the NATS Policy Committee holds them in January. The TAC discussed this and decided that they would rather hold officer elections in January so they coincide with Policy Committee officer elections, following the possibility of new local officials being elected during general elections in November. A clarification to show which year bi-annual officer elections are to be held, corrections to letter capitalization use, and the use of “Chair” rather than “Chairperson” are also being proposed in this section. “Chair” is used much more than “Chairperson”, which is only used one other time in the bylaws (in Section 3.4 – which is also proposed to be changed to finish the standardization.)

SECTION 2.6: DUTIES OF THE CHAIR AND VICE-CHAIR

The Chair shall preside over all TAC meetings and shall assure that the transaction of business is

carried out in an orderly and efficient manner, in accordance with these bylaws. The Chair, with

approval of the TAC, may appoint special subcommittees as necessary and shall serve as an ex-


officio member of any such subcommittee. The Chair shall also have the authority to cancel or

reschedule a meeting, pursuant to sections 3.4 and 3.5 of the bylaws.

The Chair shall advise the full TAC and SWMPC staff on any stated conflicts of interest by

committee members, pursuant to section 4.2 of the bylaws.

In the event of absence or incapacity of the Chair, the Vice-Chair shall carry out the duties and

responsibilities of presiding over the TAC meeting. If both the Chair and Vice-Chair are

incapacitated or absent, the TAC shall appoint a temporary acting chair to carry out the

responsibilities and activities of the TAC.

SECTION 2.7 NOMINATION OF OFFICERS

The Chairperson shall, at the August meeting of each even numbered calendar year, entertain

nominations for the position of Chair and Vice-Chair. Should the Chair deem it necessary, the

Chair may appoint a nominating committee to present nominations for the officers of Chair and

Vice-Chair. Nominations for all offices may be presented from the floor before voting occurs at

the August meeting.

Explanatory note: The wording of this section allows for nominations at the meeting of the appointment, the meeting before the appointment, or through a third process with a nomination subcommittee without a particular timeline. The effect of this section is to allow various forms of nomination – not really restricting the process in a meaningful way. Therefore, this section is not needed. And this bylaw amendment would eliminate it – allowing the Policy Committee to continue using any form of nomination that they chose to use, just as is happening now.

SECTION 2.7: STAFF

SWMPC staff shall act as staff and Recording Secretary and shall publish and maintain the

official record of the proceedings and actions of the TAC.

ARTICLE III: RULES OF PROCEDURE

SECTION 3.1: MEETINGS

TAC meetings shall be held on a regularly scheduled basis on the fourth Tuesday of each month,

except November and December, which shall be scheduled on the third Tuesday. Said meeting

shall take place at a time and location established by the TAC.

In January of each year, the schedule of regular meetings will be distributed to the TAC

members, be made available to the public, and published on the SWMPC website.


SECTION 3.1: REGULAR MEETINGS

Regular meetings of the TAC shall be held at a place and on a date and time selected by the TAC

in conformance with Section 3.3 during their first meeting of the calendar year, for a twelve-

month period. After such meeting schedule is set the SWMPC staff will distribute it to TAC

members and make it available to the public, including posting it on the SWMPC website.

Explanatory note: As any group has members change through new appointments, it is helpful to be able to move dates, times, and locations of meeting as needed, without needing a bylaw amendment. The proposed change allows for this flexibility.

SECTION 3.2 NOTICES OF MEETINGS

Notices of all regular meetings including agenda and minutes of the previous meeting shall be e-

mailed to the members no later than five (5) business days prior to the meeting. Members who

do not maintain e-mail addresses shall receive notices of regular meetings via postal mail.

Notices of special meetings may be communicated to members by telephone and/or e-mail.

SECTION 3.2: NOTICES OF MEETINGS


mailed or mailed by SWMPC staff to the members no later than five (5) business days prior to

the meeting. Notices of special meetings shall be communicated to members by telephone

and/or e-mail.

Explanatory note: The current wording is a little restrictive. For example, there may be a member who has an email address but wishes to receive document via mail. The revised wording is proposed to allow for more flexibility, but keeping notification a requirement.

SECTION 3.3: OPEN MEETINGS ACT

All meetings shall be held at convenient and accessible locations and times in accordance with

federal requirements. The meeting locations will also be at sites which comply with the

Americans with Disabilities Act (ADA) and are accessible via public transit. All meetings will

be held in accordance with the Act 267 of the Public Acts of Michigan of 1976 known as the

“Open Meetings Act”.

SECTION 3.4 SPECIAL MEETINGS

Special meetings may be called by the SWMPC Staff or TAC Chairperson or by a majority vote

of the membership of the TAC.


SECTION 3.4: SPECIAL MEETINGS

Special meetings may be called by the either the SWMPC staff, the Chair, or by a majority vote

of the TAC during a meeting. Notices for such meeting shall conform to the requirements found

in Section 3.2.

Explanatory note: The existing wording and the new wording both allow for special meetings to be called by SWMPC staff or the Chair. Additionally, the existing wording allows for special meetings to be called by a majority vote of the membership of the TAC. Note that although not expressly stated, such a vote would need to me held during an open meeting to conform to the requirements found in the Michigan Open Meetings Act. The new wording makes it clear that such an action would need to occur during a meeting. Also note that a majority vote of the membership is very different from a majority vote of the members attending a meeting with a quorum. The new wording makes it clear that if the members vote during a meeting a majority of the members present is needed rather than an vote with a different standard than all of the other votes that transact business. SECTION 3.5: CANCELLATION AND RESCHEDULING

If the Berrien County Government and/or Cass County Government are closed due to inclement

weather or other emergency, the Chair shall promptly determine whether to cancel the meeting

and notify SWMPC staff.

Meetings may be cancelled when Berrien County offices and Cass County offices are open if the

Chair determines that travel to the meeting poses a serious safety issue to TAC members, or

there are other circumstances that warrant cancellation. The Chair shall communicate the intent

to cancel a meeting to the Vice-Chair and SWMPC Staff.

SWMPC staff shall convey to all committee members via email when a meeting is cancelled, as

soon as possible. A notice will be posted at the meeting location, in compliance with the Open

Meetings Act. SWMPC staff will make reasonable attempts to telephone committee members

who do not have email addresses.

In the event a regular meeting needs to be rescheduled, SWMPC staff will set a substitute

meeting date. All changes in the date of scheduled meetings of the TAC shall be communicated

to the members as soon as a substitute meeting date is set via e-mail, US mail, or telephone, and

be noticed to the public and published on the SWMPC website.

SECTION 3.5: CANCELLATION AND RESCHEDULING

A meeting of the TAC may be cancelled by SWMPC staff or the TAC Chair or by a majority

vote of the TAC during a meeting. Cancelled meetings may be rescheduled following the

requirements found in Section 3.4, and notice given following the requirements found in Section

3.2.


Explanatory note: The existing cancellation section appears to be a procedure rather than a bylaw section. It goes into some depth which may not allow for the flexibility needed during unforeseen circumstances. Rescheduling a meeting is really just calling a special meeting, and the same process should be followed. See the explanatory note above for Section 3.4 Special Meeting for further explanation. See also the Policy Committee Bylaws Section 3.5 explanatory note for more information about this section.

SECTION 3.6: QUORUM

For purposes of conducting official TAC business, the voting members present for a duly called

meeting shall constitute a quorum.

SECTION 3.7: VOTING

Business items brought before the TAC for official action shall be voted on for approval and a

simple majority of those present and qualified to vote shall constitute the official action of the

TAC regarding the matter, except as provided in Section 4.2.

SECTION 3.8: PARLIAMENTARY PROCEDURE

At the Chair’s discretion, an informal, practical parliamentary procedure shall be followed.

SECTION 3.8 PHONE PARTICIPATION

A conference call phone line shall be furnished to allow participation in meetings by committee

members working outside the NATS MPO area, as circumstances dictate. All committee

members are eligible to phone in. However, voting members will be unable to vote if

participating over the phone.

SWMPC staff shall make reasonable attempts to set up the phone in such a way to allow good

audio quality for participants. However, SWMPC does not take responsibility for technical issues

that participants may have with their phone service while participating.

If no participants have dialed in to the conference call line within fifteen minutes after the

scheduled start of the meeting, the conference phone line will be disconnected.

Explanatory note: The phone participation section appears to be a procedure rather than a bylaw section. This section does not allow for phone participants to vote. This section does not discuss the role of alternate representatives. The Policy Committee bylaws do not have a section handling phone participation. Perhaps in the future the TAC could reexamine phone and/or online participation, but in the absence of voting a bylaws section really is not needed.

SECTION 3.9 SUBCOMMITTEES


The TAC shall establish such subcommittees as it deems necessary and appropriate.

Subcommittees shall be established by the approval of the voting membership. Minutes of each

subcommittee meeting will be recorded and distributed to the TAC members at or before the

next TAC meeting.


The TAC may establish such subcommittees as it deems necessary and appropriate.

Subcommittees shall be established by the approval of the voting membership. Minutes shall be

created for such subcommittees in a manner prescribed by the Michigan Open Meetings Act and

then drafts of such minutes and then approved versions shall be distributed to the TAC.

Explanatory note: The existing section uses the word “shall” rather than “may” which indicates requirement rather than TAC simply have the ability to create subcommittees. The existing section requires minute to be prepared at or before the next TAC meeting; however, the next TAC meeting might be immediately before such subcommittee meeting. This would make this requirement impossible. The new wording states that minutes shall be created following the requirements found in the Michigan Open Meetings Act.

ARTICLE IV: GENERAL PROVISIONS

SECTION 4.1: ADMISSION OF ADDITIONAL OR NEW AGENCIES AND

ORGANIZATIONS

Any new community or organization seeking either voting or non-voting membership on the

TAC shall request membership by completing a required application form. The community or

organization shall also be required to give a brief presentation to the TAC on what they hope to

gain from joining NATS TAC and what expertise or advice of value they will provide to TAC.

New voting and non-voting members on TAC shall be admitted by a simple majority vote of

current voting TAC members. Discretion as to whether a new member should be admitted as a

voting or non-voting participant shall be left up to current TAC voting members. Said admission

shall require amendment to these bylaws.

All new admitted members will be subject to a six month trial period, during which time they

may choose to terminate their membership in NATS should they find that they are not receiving

value for their participation, and during which time a simple majority vote of the TAC could

terminate their membership due to lack of attendance or participation.

Any city, village, or township that falls within the NATS Urban Area (UZA) as designated by

the United States Census, shall automatically be eligible to have a voting representative on the

TAC, and will not be subject to the application process and trial period.


SECTION 4.1: ADMISSION OF NEW MEMBERS

Any city, village, or township that falls within the South Bend or Elkhart Urbanized Areas

(UZA) as designated by the United States Census is required to be eligible to have voting

representation on the TAC. Such city, village, or township, or any other agency or organization

determined by TAC to be appropriate may be added as members to the TAC through a bylaw

amendment.

Explanatory note: The existing Section 4.1 appears to be more of a procedure rather than a bylaw section. The proposed new section has been streamlined to be closer to the shorter Policy Committee Bylaws version. The existing Section 4.1 includes specialized rules for bylaws amendments. It is best to keep the bylaw amendment process consistent. The new language does that.

SECTION 4.2: CONFLICTS OF INTEREST

Any current or newly admitted voting member shall make any foreseeable conflicts of interest

known to the Chair as soon as they are aware of such conflicts. Any voting committee member

with a conflict of interest shall recuse his- or herself from voting on any matters where such a

conflict exists. The Chair shall be responsible for notifying all committee members when a

conflict of interest exists.

Conflicts of interest may, but will not always, arise under the following circumstances:

A committee member owns substantial non-residential property in an area that would

benefit financially from a particular transportation project that he or she is proposing.

A conflict of interest does NOT arise when a committee member merely lives in or represents the

jurisdiction in which a particular project is proposed. The committee member need not recuse

themselves under these conditions.


Any voting member shall make any foreseeable conflicts of interest known to the Chair as soon

as they are aware of such conflicts. Any voting committee member with a conflict of interest

shall recuse his- or herself from voting on any matters where such a conflict exists. The Chair

shall be responsible for notifying all committee members when a conflict of interest exists.


Explanatory note: The proposed new Section 4.2 streamlines conflicts of interest requirements and avoids going into too much depth which might appear to exclude situations not explicitly listed. It is the intention of the new wording to keep the interpretation for conflicts of interest broad, to keep all conflicts of interest declared, and a member with such conflicts recusing his- or herself from such votes.

SECTION 4.3: AMENDMENT OF THE BYLAWS

Any voting member of the TAC may submit a proposed amendment to these bylaws. Prior to

any action by the TAC, the proposed amendment and an explanatory written statement must be

sent to each member, both voting and non-voting, at least 30 calendar days before the TAC may

consider action on the proposed amendment. An affirmative vote of two-thirds of those present

and eligible to vote shall be required for approval of any bylaw amendment.

ARTICLE V: EFFECTIVE DATE OF BYLAWS

These bylaws shall become effective upon approval by the NATS TAC. The approval date of

these bylaws shall be the date of the approval action. Each TAC member shall be given a copy

of the approved bylaws.

Approved: June 24, 2014

______________________________________ NATS TAC Chair

NATS POLICY COMMITTEE BYLAWS – DRAFT PROPOSED REVISIONS 1

NILES-BUCHANAN-CASS AREA TRANSPORTATION STUDY

POLICY COMMITTEE BYLAWS

[DRAFT PROPOSED REVISIONS – 2016]

ARTICLE I: COMMITTEE NAME AND PURPOSE

SECTION 1.1: NAME

The name of this committee shall be the Niles-Buchanan-Cass Area Transportation Study

(NATS) Policy Committee, hereinafter referred to as the Policy Committee.

SECTION 1.2: PURPOSE

The Purpose of the Policy Committee shall be to provide guidance, direction and necessary

approvals with respect to all aspects of the continuing, comprehensive and cooperative

transportation planning process carried out by the designated Metropolitan Planning

Organization, Southwest Michigan Planning Commission (SWMPC), responsible for

coordinating the transportation planning process in the NATS area. Deliberations, findings, and

approvals of the Policy Committee shall be made after due consideration of recommendations of

the NATS Technical Advisory Committee, and when necessary, shall be then recommended to

the SWMPC.

The Policy Committee shall constitute the forum for cooperative transportation decision making

by elected or appointed officials of the general purpose governments and agencies organized to

develop area wide transportation plans and programs. The Policy Committee shall:

Approve policy for a continuing, cooperative and comprehensive transportation planning

process.

Review and adopt the Long Range Plan (LRP) and update as necessary.

Act on recommendations of the Technical Advisory Committee.


federal eligible projects within the each year the TIP.


federal eligible projects within each year of the TIP.

Ensure the LRP and TIP conform to the to the Michigan Transportation Conformity Air

Quality State Implementation Plan (SIP), as required by Regulation 23 CFR 450.312(d) and

as determined in accordance with the U.S. EPA conformity regulation (40 CFR Part 51).

Review and approve the Unified Planning Work Program that details work activities and

proposed budget.

Adopt and implement a Public Participation Process that outlines the promotion and

utilization of public involvement and is described in the Participation Plan.

Ensure the efficient and effective use of Federal Highway Administration (FHWA)

Metropolitan Planning (PL) and Federal Transit Administration (FTA) Section 5303 funds.

Annually certify that the Transportation Planning Process is meeting the requirements of

23 Code of Federal Regulations 450.334(a). Explanatory note: Bylaws Section 1.2: Purpose, Bullet Point 3 has awkward wording. The change proposed would correct this error.


ARTICLE II: MEMBERSHIP AND OFFICERS

SECTION 2.1: MEMBERSHIP

Policy Committee voting membership shall consist of duly appointed representatives from each

of the following jurisdictions:

Berrien County Board of Commissioners, 2 Appointees

Berrien County Road Commission, 1 Appointee

Berrien County Planning Commission, 1 Member

Bertrand Township, 1 Appointee

Buchanan Township, 1 Appointee

Cass County Board of Commissioners, 2 Appointees

Cass County Road Commission, 1 Appointee

City of Buchanan, 1 Appointee

City of Niles, 3 Appointees

Four Flags Area Chamber of Commerce, 2 Members

Howard Township, 2 Appointees

Michigan Department of Transportation, 1 Representative of the Bureau of

Transportation Planning

Michigan Department of Transportation, 1 Southwest Region Representative

Michigan Department of Transportation, 1 Transportation Service Center Representative

Mason Township, 1 Appointee

Milton Township, 1 Appointee

Niles Dial-A-Ride, 1 Appointee

Buchanan Dial-A-Ride, 1 Appointee

Niles Charter Township, 1 Appointee

Ontwa Township, 1 Appointee

Village of Edwardsburg, 1 Appointee

Pokagon Band of Potawatomi Indians, 1 Appointee

Policy Committee non-voting members shall include a representative from:

Federal Highway Administration, Michigan Division

Federal Transit Administration

Michiana Area Council of Governments

Southwest Michigan Planning Commission

Explanatory note: The Policy Committee has already voted to add a representative from Mason Township to its voting membership after the last adjustment to the urban boundaries after the 2010 U.S. Census. However, the minutes do not record that the procedure for bylaw amendment was fully followed. This bylaw amendment is to ensure that the bylaws and minutes accurately reflect the intention already expressed by the Policy Committee to include Mason Township in its voting membership.



The legislative or policy-level body of each governmental unit and agency identified in

Section2.1 may appoint an alternate representative for its respective Policy Committee member.

The alternate representative may vote in the absence of the duly appointed Policy Committee

member at the Policy Committee meeting.



2.1 may appoint an alternate representative for its respective Policy Committee member. The

alternate representative may vote in the absence of the duly appointed Policy Committee member

at the Policy Committee meeting. In no case shall the alternate representative vote when the

voting member that he or she is serving as an alternate member is also present.

Explanatory note: Bylaws Section 2.2: Alternate Representatives has awkward wording that don’t make its intention clear. For example, the wording could be interpreted to mean that between the Niles City Public Works Director, City of Niles Community Development Director, and City of Niles public transportation provider (Dial-A-Ride), only one vote could be cast even though three voting members is intended. The revised wording corrects this problem. SECTION 2.3: APPOINTMENT OF REPRESENTATIVES

Policy Committee member jurisdictions can appoint a new representative to the Policy

Committee at any time. To appoint new members, a manager, supervisor, or local governing

board chair must send a formal letter or email to the MPO staff specifying the change.

Explanatory note: TAC Bylaws have a Section 2.3 similar to the proposed one above. This proposed change seeks to standardize TAC and Policy Committee bylaws, as well as give the Policy Committee bylaws the same appointment of representatives requirement that TAC has.


If any voting member or their designated alternate fails to attend three (3) consecutive meetings,

Policy Committee staff shall notify his/her governmental unit or agency and request appropriate

action to ensure its representation.



from each jurisdiction. This report will be available via the SWMPC website, and will also be


community. If any voting member or their designated alternate fails to attend three (3)


consecutive meetings, SWMPC staff shall notify his/her governmental unit or agency and

request appropriate action to ensure its representation.

Explanatory note: TAC’s attendance requirements are represented in the first two sentences of the proposed new Section 2.4, and the Policy Committee’s attendance requirements are in the third sentence of the new proposed section. The proposed change standardizes the attendance requirements between TAC and the Policy Committee by including both groups requirements.


From among its Voting Membership, the Policy Committee shall elect a Chairman and a Vice-

Chairman who shall be elected bi-annually at the first Policy Committee meeting following

January 1. Said officers shall serve a two-year term or until the next election of officers. In the

event an office is vacated prior to expiration, said office shall be filled by a vote of the voting

members at the next Policy Committee meeting following the office being vacated.


From among its voting membership, the Policy Committee shall elect a Chair and a Vice-Chair

who shall be elected bi-annually at the first Policy Committee meeting of odd numbered calendar

years. Said officers shall serve a two-year term. In the event that the Chair vacates the position

before the two-year term has expired, the Vice Chair shall serve as Chair for the remainder of the

term. In the event that the Vice Chair position is vacated prior to expiration of the term, the

office shall be filled by a simple majority vote of the voting members at the next Policy

Committee meeting following the office being vacated.

Explanatory note: In reviewing the Bylaws for the NATS TAC and Policy Committee it is noted that there are differences between when NATS TAC and NATS Policy Committee hold officer elections. NATS TAC holds them in August, but the NATS Policy Committee holds them in January. The TAC discussed this and decided that they would rather hold officer elections in January so they coincide with Policy Committee officer elections, following the possibility of new local officials being elected during general elections in November. A clarification to show which year bi-annual officer elections are to be held, corrections to letter capitalization use, and the use of “Chair” rather than “Chairperson” are also being proposed in this section. “Chair” is used much more than “Chairperson”, which is only used one other time in the bylaws (in Section 3.4 – which is also proposed to be changed to finish the standardization.)

SECTION 2.5 DUTIES OF THE CHAIR AND VICE-CHAIR

The Chairman shall preside over all Policy Committee meetings and shall assure that the

transaction of business is carried out in an orderly and efficient manner, in accordance with these

bylaws. The Chairman, with approval of the Policy Committee, may appoint special

subcommittees as necessary and shall serve as an ex-officio member of any such subcommittee.


In the event of absence or incapacity of the Chairman, the Vice-Chairman shall carry out the

duties and responsibilities of presiding over the Policy Committee meeting. If both the

Chairman and Vice-Chairman are incapacitated or absent, the Policy Committee shall appoint a

temporary acting chairman to carry out the responsibilities and activities of the Policy

Committee.

SECTION 2.6: DUTIES OF THE CHAIR AND VICE-CHAIR

The Chair shall preside over all Policy Committee meetings and shall assure that the transaction

of business is carried out in an orderly and efficient manner, in accordance with these bylaws.

The Chair, with approval of the Policy Committee, may appoint special subcommittees as

necessary and shall serve as an ex-officio member of any such subcommittee.

The Chair shall advise the full Policy Committee and SWMPC staff on any stated conflicts of

interest by committee members, pursuant to section 4.2 of the bylaws.

In the event of absence or incapacity of the Chair, the Vice-Chair shall carry out the duties and

responsibilities of presiding over the Policy Committee meeting. If both the Chair and Vice-

Chair are incapacitated or absent, the Policy Committee shall appoint a temporary acting chair to

carry out the responsibilities and activities of the Policy Committee.

Explanatory note: The existing first paragraph remains the same. The existing second paragraph is reused as the new third paragraph. The new second paragraph referencing conflicts of interest incorporates similar wording from the TAC bylaws to make the two sets of bylaws consistent.

SECTION 2.6 NOMINATION OF OFFICERS

The Chairperson shall, at the meeting preceding the first meeting of the odd calendar year,

appoint a nominating committee to present nominations for the officers of Chairperson and Vice-

Chairperson. Nominations for all offices may be presented from the floor before voting occurs.

Explanatory note: The wording of this section allows for nominations at the meeting of the appointment, the meeting before the appointment, or through a third process with a nomination subcommittee without a particular timeline. The effect of this section is to allow various forms of nomination – not really restricting the process in a meaningful way. Therefore, this section is not needed. And this bylaw amendment would eliminate it – allowing the Policy Committee to continue using any form of nomination that they chose to use, just as is happening now.

SECTION 2.7: STAFF

The staff of the SWMPC shall act as staff and Recording Secretary and shall publish and

maintain the official record of the proceedings and actions of the Policy Committee.


ARTICLE III: RULES OF PROCEDURE

SECTION 3.1: MEETINGS

Policy Committee meetings shall be held on a regularly scheduled basis on the fourth Tuesday of

each month, with the exception of November and December, during which the meeting shall take

place on the third Tuesday. Said meeting shall take place at a time and location established by

the Policy Committee.

In January, the schedule of regular meetings will be distributed to the Policy Committee

members, made available to the public, and published on the SWMPC website.

SECTION 3.1: REGULAR MEETINGS

Regular meetings of the Policy Committee shall be held at a place and on a date and time

selected by the Policy Committee in conformance with Section 3.3 during their first meeting of

the calendar year, for a twelve-month period. After such meeting schedule is set the SWMPC

staff will distribute it to Policy Committee members and make it available to the public,

including posting it on the SWMPC website.

Explanatory note: As any group has members change through new appointments, it is helpful to be able to move dates, times, and locations of meeting as needed, without needing a bylaw amendment. The proposed change allows for this flexibility.

SECTION 3.2 NOTICES OF MEETINGS


mailed to the members no later than five (5) business days prior to the meeting. Members who

do not maintain e-mail addresses shall receive notices of regular meetings via postal mail.

Notices of special meetings may be communicated to members by telephone and/or e-mail.

SECTION 3.2: NOTICES OF MEETINGS


mailed or mailed by SWMPC staff to the members no later than five (5) business days prior to

the meeting. Notices of special meetings shall be communicated to members by telephone

and/or e-mail.

Explanatory note: The current wording is a little restrictive. For example, there may be a member who has an email address but wishes to receive document via mail. The revised wording is proposed to allow for more flexibility, but keeping notification a requirement.


SECTION 3.3: OPEN MEETINGS ACT

All meetings shall be held at convenient and accessible locations and times in accordance with

federal requirements. The meeting locations will also be at sites which comply with the

Americans with Disabilities Act (ADA) and are accessible via public transit. All meetings will

be held in accordance with the Act 267 of the Public Acts of Michigan of 1976 known as the

“Open Meetings Act”.

SECTION 3.4 SPECIAL MEETINGS

Special meetings may be called by the SWMPC Staff or Policy Committee Chairperson or by a

majority vote of the membership of the Policy Committee.

SECTION 3.4: SPECIAL MEETINGS

Special meetings may be called by the either the SWMPC staff, the Chair, or by a majority vote

of the Policy Committee during a meeting. Notices for such meeting shall conform to the

requirements found in Section 3.2.

Explanatory note: The existing wording and the new wording both allow for special meetings to be called by SWMPC staff or the Chair. Additionally, the existing wording allows for special meetings to be called by a majority vote of the membership of the Policy Committee. Note that although not expressly stated, such a vote would need to me held during an open meeting to conform to the requirements found in the Michigan Open Meetings Act. The new wording makes it clear that such an action would need to occur during a meeting. Also note that a majority vote of the membership is very different from a majority vote of the members attending a meeting with a quorum. The new wording makes it clear that if the members vote during a meeting a majority of the members present is needed rather than an vote with a different standard than all of the other votes that transact business.

SECTION 3.5: CANCELLATION AND RESCHEDULING

A meeting of the Policy Committee may be cancelled by either SWMPC staff, the Chair, or by a

majority vote of the Policy Committee during a meeting. Cancelled meetings may be rescheduled

following the requirements found in Section 3.4, and notice given following the requirements

found in Section 3.2.

Explanatory note: Policy Committee Bylaws Section 3.9 deals with cancelling and rescheduling meetings. TAC Bylaws handle this subject in Section 3.5. To standardize the two sets of bylaws the Policy Committee Bylaws have been renumbered to match the TAC numbering. It is important to note that the existing Section 3.9 does not actually give anyone the right to cancel a meeting – it is just implied that SWMPC staff may do it. Proposed Section 3.5 above clarifies who can cancel a meeting, including SWMPC staff as was apparently the intent of Section 3.9 and adding the Chair, as is the intention of the TAC Bylaws. If the Policy Committee knows ahead of time that there is a meeting


they wish to cancel, then they also have that ability. If approved, both TAC and the Policy Committee will have the similar sections to deal with meeting cancellations and rescheduling. Rescheduling a meeting is really just calling a special meeting, and the same process should be followed. See the explanatory note above for Section 3.4 Special Meeting for further explanation. See also the TAC Bylaws Section 3.5 explanatory note for more information about this section.

SECTION 3.5 3.6: QUORUM

For purposes of conducting official Policy Committee business, the voting members present for a

duly called meeting shall constitute a quorum.

SECTION 3.6 3.7: VOTING

Business items brought before the Policy Committee for official action shall be voted on for

approval and a simple majority of those present and qualified to vote shall constitute the official

action of the Policy Committee regarding the matter, except as provided in Section 4.2.

SECTION 3.7 3.8: PARLIAMENTARY PROCEDURE

At the Chairman’s discretion, an informal, practical parliamentary procedure shall be followed.

Explanatory note: The change from Chairman to Chair finishes the standardization of the term to be used for a person of such position to reflect gender neutral language that shows inclusiveness to all persons, regardless of sex.


The Policy Committee shall establish such subcommittees as it deems necessary and appropriate.

Subcommittees shall be established by the approval of the voting membership. Minutes of each

subcommittee meeting will be recorded and distributed to the Policy Committee members at the

next Policy Committee meeting.


The Policy Committee may establish such subcommittees as it deems necessary and appropriate.

Subcommittees shall be established by the approval of the voting membership. Minutes shall be created

for such subcommittees in a manner prescribed by the Michigan Open Meetings Act and then drafts of

such minutes and then approved versions shall be distributed to the Policy Committee.

Explanatory note: The existing section uses the word “shall” rather than “may” which indicates requirement rather than TAC simply have the ability to create subcommittees. The existing section requires minute to be prepared at or before the next TAC meeting; however, the next TAC meeting might be immediately before such subcommittee meeting. This would make this requirement impossible. The new wording states that minutes shall be created following the requirements found in the Michigan Open Meetings Act.


SECTION 3.9 MEETING CHANGES OR CANCELLATIONS

In the event a regular meeting needs to be rescheduled, SWMPC staff will set a substitute

meeting date. All cancellations or changes in the date of scheduled meetings, or special

meetings, of the Policy Committee shall be communicated to the members as promptly as

practical via e-mail, US mail, or telephone, and be noticed to the public and published on the

SWMPC website.

Explanatory note: See Section 3.5 above.

ARTICLE IV: GENERAL PROVISIONS

SECTION 4.1: ADMISSION OF ADDITIONAL OR NEW AGENCIES AND

ORGANIZATIONS

The Policy Committee may, upon request, admit additional agencies, organizations or entities to

membership on the Policy Committee. Said agencies, organizations or entities may be admitted

as either voting or non-voting members, as deemed appropriate by the Policy Committee. Said

admission shall require amendment to these bylaws.

SECTION 4.1: ADMISSION OF NEW MEMBERS

Any city, village, or township that falls within the South Bend or Elkhart Urbanized Areas

(UZA) as designated by the United States Census is required to be eligible to have voting

representation on the Policy Committee. Such city, village, or township, or any other agency or

organization determined by Policy Committee to be appropriate may have their membership

added to Policy Committee through a bylaw amendment.

Explanatory note: TAC Bylaws Section 4.1 includes language making it clear that any city, village, or township that falls within the South Bend or Elkhart Urbanized Areas are required to be eligible to be on the Policy Committee. The new bylaws section does this.


Any voting member shall make any foreseeable conflicts of interest known to the Chair as soon

as they are aware of such conflicts. Any voting committee member with a conflict of interest

shall recuse his- or herself from voting on any matters where such a conflict exists. The Chair

shall be responsible for notifying all committee members when a conflict of interest exists.

Explanatory note: The Policy Committee Bylaws do not currently have a conflicts of interest section. The new Section 4.2 uses similar language as TAC Bylaws new Section 4.2. See its explanatory note for more information.

SECTION 4.2 4.3: AMENDMENT OF THE BYLAWS


Any voting member of the Policy Committee may submit a proposed amendment to these

bylaws. Prior to any action by the Policy Committee, the proposed amendment and an

explanatory written statement must be sent to each member, both voting and non-voting, at least

30 calendar days before the Policy Committee may consider action on the proposed amendment.

An affirmative vote of two-thirds of those present and eligible to vote shall be required for

approval of any bylaw amendment.

ARTICLE IV: EFFECTIVE DATE OF BYLAWS

These bylaws shall become effective upon approval by the NATS Policy Committee. The

approval date of these bylaws shall be the date of the approval action. Each Policy Committee

member shall be given a copy of the approved bylaws.

Approved: January 22, 2014

______________________________________

NATS Policy Committee Chairman

Documents

NILES-BUCHANAN-CASS AREA TRANSPORTATION STUDY · 2017-01-17 · NILES-BUCHANAN-CASS AREA TRANSPORTATION STUDY . COMBINED TECHNICAL ADVISORY and POLICY COMMITTEE MEETING . AGENDA Comments