HomeMy WebLinkAboutDoc 620 - Amend Coop Agrmt - Bend MPOE
1.
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -196(
(541) 388 -6570 - Fax (541) 385 -3202 - www.dcschutes.or
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of October 28, 2009
Please see directions for completing this document on the next page.
DATE: October 15, 2009
FROM: Tom Blust ROAD 322 -7105
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2009 -620, an Amendment to the Intergovernmental
Cooperative Agreement Establishing the Bend Metropolitan Planning Organization
PUBLIC HEARING ON THIS DATE? NO
BACKGROUND AND POLICY IMPLICATIONS:
The Bend Metropolitan Planning Organization (BMPO) was established in 2002 through an agreem nt
between the City of Bend, Deschutes County and the State of Oregon, acting by and through ODOT.
Since the establishment of the BMPO in 2002, various issues about the structure and governance of the
BMPO have been discussed at BMPO Policy Board meetings. The proposed Amendment to this IG A
addresses these issues. The most substantive change to the IGA is moving the Policy Board and
various sub - committee governance rules from the IGA to the BMPO Policy Board Bylaws. The newly
adopted BMPO Bylaws are attached for reference. Commissioner Dennis Luke is currently Deschutes
County's representative on the BMPO Policy Board.
FISCAL IMPLICATIONS:
Deschutes County commits staff time to attend BMPO Policy Board and Technical Advisory
Committee meetings. The BMPO staff is supported primarily by federal funds through the Federal
Highway Surface Transportation Program.
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends Board signature of Document 2009 -620.
ATTENDANCE: Tom Blust
DISTRIBUTION OF DOCUMENTS:
Send original signed document to: Tyler Deke, Bend MPO Manager, 575 NE 15th St., Bend, OR 9;701
Copy to Wanda Kunz, Road Department (322 -7103)
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
10/21/09
Please complete all sections above the Official Review line.
Department:
Contractor /Supplier /Consultant Name:
Contractor Contact:
Type of Document: IGA
Goods and /or Services: Intergovernmental Agreement establishing the Bend
Metropolitan Planning Organization.
N /A
ROAD
Contractor Phone #:
Background & History: The Bend Metropolitan Planning Organization (BMPO) was
established in 2002 through an agreement between the City of Bend, Deschutes County
and the State of Oregon, acting by and through ODOT. Since the establishment of the
BMPO in 2002, various issues about the structure and governance of the BMPO have
been discussed at BMPO Policy Board meetings. The proposed Amendment to this
IGA addresses these issues. The most substantive change to the IGA is moving the
Policy Board and various sub - committee governance rules from the IGA to the BMPO
Policy Board Bylaws. The newly adopted BMPO Bylaws are attached for reference.
Commissioner Dennis Luke is currently Deschutes County's representative on the
BMPO Policy Board.
Agreement Starting Date:
Annual Value or Total Payment:
N /A
Ending Date:
U Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
RFP, Solicitation or Bid Process
❑ Informal quotes ( <$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
10/21/2009
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant- funded position so that this will be noted in the offer letter: ❑ Yes U No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Tom Blust, Road Department Director
Phone #: 322 -7105
Department Director Approval:
Signature Date
Distribution of Document: Signed originals to: Tyler Deke, Bend MPO Manager,
575 NE 15th St., Bend, OR 97701
Copy to: Wanda Kunz, Road Department (322 -7103)
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
10/21/2009
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
AMENDMENT TO INTERGOVERNMENTAL COOPERATIVE AGREEMENT
ESTABLISHING THE BEND METROPOLITAN PLANNING ORGANIZATION
That certain agreement, INTERGOVERNMENTAL COOPERATIVE
AGREEMENT ESTABLISHING THE BEND METROPOLITAN PLANNING
ORGANIZATION made and entered into as of December 16, 2002 by and between the
City of Bend ( "City "), Deschutes County ( "County "), and the State of Oregon, acting by
and through its Department of Transportation ( "ODOT "), is hereby amended, effective
upon signing by all parties.
The above listed agreement is amended, and replaced in its entirety with the following:
1. Introduction
Based on the results of the US 2000 Census, the Bend Urbanized Area has exceeded
50,000 in population. Federal regulations (23CFR part 450) requires that an MPO be
designated for the area to conduct a continuing, cooperative and comprehensive
transportation planning process that results in plans and programs that consider all
transportation modes and supports metropolitan community development and social
goals. 23CFR part 450 also allows ODOT to be a voting member of any policy boards
created under the rules of 23CFR part 450. The plans and programs shall lead to the
development and operation of an integrated, intermodal transportation system that
facilitates the efficient, economic movement of people and freight.
ORS 190.110 and 283.110, allow state agencies to enter into cooperative agreements
with units of local government or other state agencies for the performance of any or all
functions and activities that a party to the agreement, its officers, or agents have the
authority to perform.
ORS 190.010 allows units of local government to join together to form
intergovernmental entities, and enter into cooperative agreements for the performance
of any or all functions and activities that a party to the agreement, its officers, or agents
have the authority to perform.
Pursuant to these statutes and regulations, an intergovernmental entity is hereby
created by City and County by way of this agreement, to be called the Bend
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Metropolitan Planning Organization ( "BMPO ") located at 710 NW Wall Street, Bend,
Oregon 97701. This agreement shall be governed and construed in accordance with the
laws of the State of Oregon.
2. Purpose
2.1 The purpose of the BMPO is to carry out planning, coordination and
integration of activities necessary to maintain a comprehensive, cooperative,
and continuing multi- agency transportation planning program; and further, as
specified by the Policy Board of the BMPO, carry out other related specific
tasks including implementation thereof.
2.2The BMPO will establish a setting in which to undertake effective decision -
making processes regarding transportation in the metropolitan area of Bend;
evaluate transportation alternatives that are realistic and scaled to address
the needs of the metropolitan area; develop and maintain a long range
transportation plan for the metropolitan area which covers a 20 year planning
horizon; and develop a Transportation Improvement Program ( "TIP ") to
establish how transportation funding will be used for regional transportation
purposes to address the modernization, operation and maintenance of
transportation facilities and services needs within the BMPO
2.3The BMPO shall promote public participation in the decision making process
through public meetings. The BMPO shall exercise leadership and initiative in
planning and assisting development of efficient, integrated transportation
system facilities and services in the Bend metropolitan area.
2.4 The area within the BMPO includes the urban area as defined by the 2000
U.S. census plus all area within the Urban Growth Boundary (UGB) and other
additional areas that may be annexed to accommodate expected growth and
anticipated development for the next twenty years. The areas included
outside of the Urban Growth Boundary can be described as Deschutes River
Woods to the South, the Woodside Ranch area, and areas East and North of
the UGB as indicated in Appendix A (map). Based upon the 2000 census
count, this area qualifies as a U.S. Census designated Urban Area.
3. Governing Body of BMPO
3.1 The BMPO Policy Board shall be the governing body of BMPO and shall
consist of representatives appointed by each governing body of each party to
this Intergovernmental Agreement as required by 23USC135
3.2The Policy Board shall adopt bylaws to govern the Policy Board membership,
terms of office, and other operating details of the BMPO.
3.2.1 The adopted bylaws shall be attached to this Agreement. Prior to
any amendment or repeal of the bylaws, the Policy Board shall give
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a 30 day written notice to all parties to this Agreement with a copy
of the draft amendments.
3.2.2 If any party to this Agreement objects in writing to the proposed
amendments within the 30 day notice period, the amendments will
not become effective. Rather, the Policy Board will consider the
objections and propose revised bylaw amendments utilizing the
procedure outlined in Paragraph 3.2.1.
3.2.3 If no party to this Agreement objects to the proposed bylaw
amendments pursuant to Paragraph 3.2.2, the Policy Board may
adopt the amended bylaws by a unanimous vote.
3.2.4 Amended bylaws will be attached to this Agreement for reference.
4. Powers and Responsibilities of BMPO
4.1 The BMPO Policy Board is responsible for all actions, agreements, and
functions to be carried out by the Bend Metropolitan Planning
Organization. To this end, the BMPO may:
4.1.1 Serve in a review capacity to insure that all federal and state
assisted development projects are consistent with integrated
regional transportation plans and programs;
4.1.2 Accept contributions and grants -in -aid;
4.1.3 Contract with the Federal Government for planning assistance and
other transportation- related planning projects, products, and
services;
4.1.4 Contract for the provision and receipt of planning or associated
products or services;
4.1.5 Administer grants, Planning Funds (Federal Highway
Administration "FHWA" funds) and Federal Transit Administration
"FTA" funds;
4.1.6 Own property, facilities and equipment;
4.1.7 Incur debt, subject to Oregon Constitution Article II, Sections 9 and
10;
4.1.8 Issue bonds;
4.1.9 Maintain financial records, supporting documentation for financial
records and records relating to procurement and management of
contracts for implementation of its work plan shall be kept in
compliance with applicable state and federal requirements;
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4.1.10 Take such other and further actions as are reasonably necessary to
carry out its responsibilities.
4.2 The BMPO is responsible for development of the following essential
products:
4.2.1 Regional Transportation Plan;
4.2.2 Unified Planning Work Program ( "UPWP ") and Annual Budget;
4.2.3 Transportation Improvement Program ( "TIP ") the program that
establishes a blueprint for the use of transportation resources to
meet the capital and operating needs of the BMPO;
4.2.4 Annual audit of BMPO activities; and
4.2.5 Other products deemed essential may be authorized by the Policy
Board as specified in the UPWP.
5. BMPO Finances
5.1 The fiscal year for the BMPO shall commence on July 1 of each year.
BMPO shall comply with ORS 294.900- 294.930
5.2 The BMPO shall have the power to receive funds from any public or
private source including, but not limited to, the federal, state and local
governments, voluntary associations, non - profit corporations, firms,
partnerships, or person or any combination thereof, bequests, donations,
devices, grants and gifts of all kinds of property.
5.3 The BMPO Policy Board Chair shall call for an annual audit of the financial
affairs of the BMPO to be made by a certified public accountant selected
by the members of the BMPO Policy Board at the end of each federal
fiscal year. The audit is a public record, and shall be made available to all
BMPO Parties.
6. BMPO Staff
6.1 The BMPO will remain a separate entity from the City and County, and
any Party, with a separate budget, its own governing board and separate
operating principles as outlined in this IGA.
6.2 The BMPO may contract for support staff or hire staff as necessary,
including legal counsel. The BMPO staff consists of a Manager and
supporting staff personnel. The Manager of the BMPO shall report directly
to and take direction from the BMPO Policy Board. Supporting staff
personnel shall report directly to and take direction from the Manager.
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6.3 The BMPO Policy Board will be responsible for maintaining an agreement
with a local entity for staffing of the MPO. The agreement must include a
description of how autonomy will be retained, including descriptions of
where the agency will be housed, who will staff the agency, and whether
there will be any overlap with Parties regarding employee responsibilities.
6.4 BMPO member units may donate personnel to serve as staff to the
BMPO, subject to the provisions of Section 8.
7 No Joint and Several Liability
7.1 Parties are not jointly and severally liable with other parties for any tort (as
defined by ORS 30.260(8)) committed by an elected or appointed official,
employee or agent of such party acting in connection with this agreement,
nor in connection with the BMPO.
7.2 Nothing in this agreement shall be construed to increase tort liability that
Party would otherwise have under Oregon Law.
7.3 Obligations of BMPO arising from contract or quasi contract shall be the
obligations of BMPO alone, and parties are not jointly and severally liable
for such obligations, unless one or more of the parties agree, in writing, to
individually guarantee performance of a specific obligation.
8. Employment Liabilities.
Each Party shall be responsible for any and all claims arising from its respective
employer /employee relationships with respect to any donated employee of the Party
during any time that the employee of the Party is working on BMPO matters. For the
purpose of this agreement, elected and appointed public officials are included in the
employer /employee relationship. Examples of the employer /employee relationship
include selection, termination, discipline, benefits and equal employment opportunity
issues. Each Party shall provide its own Workers' Compensation coverage as provided
by law with respect to any employee of the Party during any time that the employee of
the Party is working on BMPO matters.
9. Effectiveness, Duration, Termination and Withdrawal
9.1 This agreement and the formation of BMPO shall be effective upon the
adoption by ordinance of this agreement by the City and County, and
upon approval of the agreement by the Oregon Transportation
Commission for ODOT, and upon designation of the BMPO by the
Governor of Oregon.
9.2 This agreement shall be perpetual unless terminated by agreement of all
Parties hereto.
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On November 14, 2002, the Oregon Transportation Commission approved this
agreement. At that time, the Commission authorized the Deputy Director, Transportation
Development Division to execute this agreement.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
Dated:
CITY OF BEND
By:
Title: Kathie Eckman, Mayor
Dated this
ATTEST:
of 2009 BOARD OF COUNTY COMMISSIONERS
Recording Secretary
For Recommended Approval:
By:
Title: Robert Bryant, ODOT Region 4
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE -CHAIR
ALAN UNGER, COMMISSIONER
STATE OF OREGON,
By and through its Department of Transportation
Title: Deputy Director, Transportation Development
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Approved for ODOT for Legal Sufficiency
By:
Assistant Attorney General
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Bend Metropolitan Planning Organization
Policy Board
Bylaws
Article I
Name
The governing body of the Bend Metropolitan Planning Organization, established
pursuant to the Governor's Metropolitan Planning Organization designation letter, dated
December 11, 2002, shall be known as the BMPO Policy Board.
Article II
Purpose
The purpose of the BMPO Policy Board is as follows:
a. To carry out planning, coordination and integration of activities necessary to maintain
a comprehensive, cooperative, and continuing multi- agency transportation planning
program; and further, as specified by the BMPO Policy Board, carry out other related
specific tasks including implementation thereof.
b. Establish a setting in which to undertake effective decision - making processes
regarding transportation in the City of Bend metropolitan area; evaluate transportation
alternatives that are realistic and scaled to address the needs of the metropolitan area;
develop and maintain a long range transportation plan for the metropolitan area which
covers a 20 year planning horizon; and develop a Transportation Improvement Program
( "TIP ") to establish how transportation funding will be used for regional transportation
purposes to address the modernization, operation and maintenance of transportation
facilities and services needs within the BMPO.
c. Promote public participation in the decision making process through public meetings.
The BMPO shall exercise leadership and initiative in planning and assisting
development of efficient, integrated transportation system facilities and services in the
Bend metropolitan area.
d. The area within the BMPO includes the urban area as defined by the 2000 U.S.
census plus all area within the City of Bend Urban Growth Boundary (UGB) and other
additional areas that may be annexed to accommodate expected growth and
anticipated development for the next twenty years. The areas included outside of the
Urban Growth Boundary can be described as Deschutes River Woods area to the
South, the Woodside Ranch area, and areas to the East and North as indicated in the
BMPO Boundary Map (Attachment A). Based upon the 2000 census count, this area
qualifies as a U.S. Census designated Urban Area.
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Article III
Membership and Voting
a. The BMPO Policy Board shall consist of representatives appointed by the
governing body of each party to this Intergovernmental Agreement.
b. The Policy Board shall consist of the following members:
Members Votes
City of Bend 3 1
Deschutes County 1 1
Oregon Department of Transportation 1 1
Total 5 3
c. Approval by a simple majority of the voting members will constitute passage of
any action; except for amendment of the Bylaws, which is governed by the
process in Article VIII.
d. The City of Bend representatives shall be members of the City Council. The City
of Bend representatives shall vote among themselves. The majority vote shall
determine the City's vote.
e. The Deschutes County representative shall be a member of the County
Commission.
f. The Oregon Department of Transportation Region 4 Manager or designee shall
serve as the ODOT representative.
g.
The BMPO Policy Board may appoint non - voting members that represent
alternate travel modes, the business community, freight community, or other
interests deemed appropriate.
h. As future major transportation providers form, such as a Transit District, they
shall be added to the Policy Board by way of amendment to IGA No. 20395 and
these bylaws, and become a party hereto.
i. Alternates may be appointed to serve in the absence of the voting members.
j.
Alternates will be individuals in a position to represent the policy interests of their
jurisdiction.
k. Terms for all members and alternates listed above commence on January 1 of
each year.
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I. Each voting member of the Policy Board shall hold office until the party he or she
represents appoints a successor.
Article IV
Policy Board Members, Terms of Office, Officers and Meetings
a. The BMPO Policy Board shall elect the following officers at its first meeting of the
calendar year to serve for that year: Chair and Vice Chair. In the absence of the
Chair, or upon her /his inability to act or serve, the Vice Chair shall have the
powers of the Chair. The Chair and Vice Chair will serve without compensation
and shall serve for a period of one year, renewable.
b. The BMPO Policy Board shall be responsible for the management, supervision,
policy and direction of all programs, functions and activities established and
operated under BMPO. At the first meeting of each calendar year, the BMPO
Policy Board shall designate an Administrative Officer who shall account for the
financial matters of BMPO and handle other necessary administrative functions.
c. A vacancy on the BMPO Policy Board shall be filled by the party that appointed
the member who created the vacancy.
d. Any conflict of interest of a BMPO Policy board member must be stated prior to
discussion of that particular agenda item.
Article V
Meetings, Conduct of Meetings, Quorum
a. Regular meetings of the BMPO Policy Board will be held monthly at a time
and place established by the chair.
b. Special or emergency meetings may be called by the chair or a majority of the
membership. In the absence of a quorum at a regular monthly meeting or a
special meeting, the chair may call a special or emergency meeting, including
membership participation and vote by telephone, for deliberation and action
on any matters requiring consideration prior to the next meeting. The minutes
shall describe the circumstances justifying membership participation by
telephone and the actual emergency for any meeting called on less than 24
hours' notice.
c. BMPO business may not be conducted without a quorum of the voting
members. A quorum consists of the representatives from the Oregon
Department of Transportation and Deschutes County, and two of the three
City of Bend representatives.
d. All meetings shall be conducted in accordance with Robert's Rules of Order
and the Public Meeting Laws of Oregon.
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e. Any of the Committees described below may establish other rules of
procedure as deemed necessary for the conduct of business.
f. The Administrative Officer shall provide regular financial updates to the BMPO
Policy Board and provide an annual financial report for the previous fiscal year
at the August or September BMPO Policy Board meeting. The financial
update shall include a list of expenditures, and the balance of all depository
accounts.
Article VI
Committees
Section 1. Technical Advisory Committee (TAC)
a The BMPO identifies the need to create a standing committee to be known as
the BMPO Technical Advisory Committee (TAC). Membership of the TAC
includes governmental entities within the BMPO that are impacted by the
decisions and that have significant contributions to the BMPO. The TAC is
composed of technical and /or managerial staff representatives employed by
each of the participating governmental entities. In addition, there may be one
or more ex- officio non - voting representative each from the Federal Highway
Administration (FHWA) and Federal Transit Administration (FTA). Each ex-
officio non - voting member must be approved by the agency he /she
represents.
b. As future major transportation providers form, such as a transportation or
transit district, they shall be added to the TAC. In addition, a representative
from any technical subcommittee or advisory group that is formed shall have a
seat on the TAC. Policy Board directive may also add additional positions (as
members or as ex- officio members) to the TAC, such as a citizen
representative, a business representative, or a freight stakeholder.
c. The TAC has authority and primary responsibility to conduct technical reviews
and analyses regarding all work activities of the UPWP and any related issues
as specified by the BMPO Policy Board and to so advise the BMPO Policy
Board on appropriate actions to be taken. The TAC works closely with the
BMPO staff, providing guidance and direction for development of the annual
UPWP and work activities defined therein.
d. TAC Membership
Voting membership on the BMPO TAC shall be as follows:
• City of Bend - Three (3) positions: (to be named by City Council)
• Deschutes County - One (1) position (to be named by County Board
of Commissioners)
• ODOT - One (1) position: Region 4 Planning Manager or designee
• Central Oregon Intergovernmental Council (COIC) - One (1)
position: (to be named by governing body)
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• Central Oregon Area Commission on Transportation (COACT) -
One (1) position: (to be named by governing body)
• Central Oregon Community College (COCC) - One (1) position: (to
be named by governing body)
• Commute Options - One (1) position: (to be named by governing
body)
• Deschutes County Bike /Pedestrian Advisory Committee - One (1)
position: (to be named by governing body)
• Bend - Lapine School District - One (1) position: (to be named by
governing body) to attend as needed.
Ex- Officio Members on the BMPO TAC shall be as follows:
• Federal Highway Administration
• Federal Transit Administration
• Oregon Department of Land Conservation and Development
• Oregon Department of Environmental Quality
e. Organization and management of the TAC shall be according to bylaws adopted
by the TAC and approved by the BMPO Policy Board.
f. The BMPO Policy Board will take into consideration the alternatives and
recommendations of the TAC in the conduct of its business.
g.
The meetings of the TAC shall be open to the public and the TAC shall comply
with the Public Meetings Law.
Section 2. Citizens Advisory Committee (CAC)
a. The BMPO identifies the need to create a standing committee to be known as
the BMPO Citizens Advisory Committee (CAC). The CAC will consist of
eleven members appointed by the BMPO Policy Board. Members of the CAC
should reside in the Bend MPO boundary area. The CAC may include
members from areas outside the existing BMPO boundary. These
representatives should be from areas that could become part of the BMPO or
be directly impacted by projects or plans of the BMPO. The Policy Board may
add members within its discretion as the needs of the BMPO planning
process dictate.
b. The term of office of CAC members shall begin on January 1 of the year
following appointment and expire in three years on December 31. Members
will serve no more than two consecutive terms, unless so requested by the
Policy Board.
c. The CAC will meet at least annually. The meetings of the Citizen Advisory
Committee shall be open to the public, with participation by interested
persons or groups allowed at the discretion of the chair and vice - chair.
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d. The CAC shall use a consensus process to make recommendations to the BMPO
Policy Board. In situations where the CAC cannot reach consensus, two or more
recommendations may be forwarded to the BMPO Policy Board.
e. The CAC may make proposals to the BMPO Policy Board which the CAC
deems appropriate for the BMPO Policy Board's consideration. The CAC
provides recommendations to the BMPO Policy Board for adopting, modifying
or rejecting policies, programs, and project priorities under BMPO
consideration for inclusion in the Metropolitan Transportation Plan and other
BMPO planning documents. The CAC also serves as a conduit to the general
public regarding the plans that are adopted and followed by the BMPO Policy
Board. Meetings and recommendations of the CAC will not supersede the
public participation processes embodied in the Oregon planning goals and the
applicable federal regulations.
f. Organization and management of the CAC shall be according to bylaws
adopted by the CAC and approved by the BMPO Policy Board.
g.
The Policy Board will take into consideration the recornmendations of the
CAC in the conduct of its business.
h. The meetings of the CAC shall be open to the public and shall comply with
the Public Meetings Law.
Article VII
Formation of Special Committees
a. The BMPO Policy Board, as deemed necessary, may create special
committees. A special committee may be either an ad hoc committee for a
specific work task or a standing committee for one or more work tasks.
Subcommittee members can include BMPO Policy Board members, BMPO
Policy Board alternates and /or outside experts. Any such special committee
will be responsible to the BMPO Policy Board.
b. At the direction of the Chairs of the BMPO Policy Board and the TAC,
respectively, subcommittees may be formed to investigate a particular work
task or issues relevant to the BMPO.
c. The BMPO Policy Board shall define the duties, and authorize the power of all
special committees. Special committees shall comply with the Public Meeting
Laws of Oregon. Special committees consisting entirely and exclusively of
staff and employees of a Party or Parties are considered not to be subject to
public meetings requirements
d. The BMPO Policy Board shall determine membership on a special committee
appointed by the BMPO Policy Board.
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e. The TAC shall determine membership on a special committee appointed by
the TAC.
Article VIII
Amendments
a. These bylaws may be amended or repealed only upon 30 day notice to all parties
of IGA No. 20395 ( "IGA ") and;
1. Prior to any amendment or repeal of these bylaws, the Policy Board shall
give a 30 day written notice to all parties to the IGA with a copy of the draft
amendments.
2. If any party to the IGA objects in writing to the proposed amendments
within the 30 day notice period, the amendments will not become effective.
Rather, the Policy Board will consider the objections and propose revised
bylaw amendments utilizing the procedure outlined above in Paragraph 1.
3. If no party to the IGA objects to the proposed bylaw amendments pursuant
to Paragraph 2 above, the Policy Board may adopt the amended bylaws
by a unanimous vote. A copy of the amended bylaws will be provided to
the parties to the IGA and will be attached to the IGA for reference.
Article IX
Voting Process Reversion Clause
The BMPO Policy Board voting process may be reviewed annually and will revert to the
original voting process unless a consensus of all voting members agrees to abide by the
simple majority process. The original voting process is as follows: A consensus of all
three Parties will constitute passage. Consensus in the original voting process means
that a majority of the three City representatives must support any given decision item,
as well as each of the other voting agencies.
These Bylaws have been reviewed and approved by the Bend Metropolitan Planning
Organization Policy Board Members dated of ,2009.
Chair
Date
BMPO Manager
Date
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