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MANATEE COUNTY TRANSPORTATION DISADVANTAGED LOCAL

VIEWS: 2 PAGES: 24

									                      MANATEE COUNTY TRANSPORTATION
                  DISADVANTAGED LOCAL COORDINATING BOARD
                              Sarasota/Manatee MPO
                                Conference Room
                               7632 15th Street East
                              Sarasota, Florida 34243
                                    10:00 A.M.
                               AGENDA FOR JANUARY 19, 2011

I.      CALL TO ORDER
           1. Self Introductions
II.     APPROVAL OF MINUTES
           1. Approval of the November 18, 2010 meeting minutes
III.    ANNUAL PUBLIC HEARING
IV.     PUBLIC COMMENTS
V.      REPORTS AND PRESENTATIONS
           1. TMS, Medicaid Transportation Provider, Report
           2. Community Transportation Coordinator’s (CTC) Report
                       a. MCAT Staff will update the Board on Transportation Disadvantaged service
                         activities that have taken place since the last report.
           3. FDOT Report
           4. MPO Staff Report
                       a. Ombudsman Reports
                       b. TD Commission Report
           5. Presentation by Anna Maria Island Community Center re: Section 5310 Grant
           6. Presentation by Manasota ARC re: Section 5310 Grant

VI.     BOARD ACTION
           1. Nomination and Appointment of Vice Chair
           2. Appointment of Executive, Grievance and Evaluation Committees

           3. Annual Review and Approval of the Manatee LCB By-Laws

           4. Annual Review and Approval of the Grievance Procedures
VII.    OTHER BUSINESS
           1. Discussion of income criteria for TD eligibility
VIII.   NEXT MEETING DATE
        Wednesday, May 18, 2011, 10:00 a.m.
IX.         ADJOURNMENT
 No stenographic record by a certified court reporter is made of these meetings. Accordingly, anyone seeking to appeal any decisions involving the
 matters herein will be responsible for making a verbatim record of the meeting/testimony and evidence upon which any appeal is to be based. (SEE:
 F.S. 286.0105)

 In accordance with the Americans With Disabilities Act and Chapter 286.26 Florida Statutes, persons needing special accommodations to participate in
 this proceeding should contact the Sarasota/Manatee Metropolitan Planning Organization at least forty-eight (48) hours prior to the meeting. Call (941)
 359-5772 between 8:00 a.m. And 5:00 p.m., Monday through Friday

 The MPO’s planning process is conducted in accordance with Title VI of the Civil Rights Act of 1964 and related statutes. Any person or beneficiary
 who believes he/she has been discriminated against because of race, color, religion, sex, age, national origin, disability or family status may file a
 complaint with the Florida Department of Transportation District One Title VI Coordinator Robin Parrish at (863) 519-2675 or by writing her at P.O. Box
 1249, Bartow, Florida 33831.
 1                             MANATEE COUNTY TRANSPORTATION
 2                         DISADVANTAGED LOCAL COORDINATING BOARD
 3
 4                                           Sarasota/Manatee MPO
 5                                              Conference Room
 6                                             7632 15th Street East
 7                                               Sarasota, Florida
 8
 9                                                  10:00 A.M.
10
11
12                               MEETING MINUTES OF NOVEMBER 17, 2010
13
14
15
16
17
18   I.      CALL TO ORDER
19
20   Vice Chair Whatmough called the Manatee County Transportation Disadvantaged (TD) Local
21   Coordinating Board meeting to order at 10:00 a.m. Self introductions were made. A quorum was
22   present.
23
24   PRESENT                                                ABSENT
25
26   Roxann Lake, FDOT                                      Ann Hendon, Department of Children & Families
27   Linda Brown, Division of Blind Services                Ron Besalke, Florida Agency-Health Care Admin.
28   Terry Palmer, Manatee County School Board              Dian McKinney, Economically Disadvantaged
29   Debbie Hofer, Florida Department of Elder Affairs      Terrance Meneely, Suncoast Workforce
30   Dave Zickafoose, Veterans Affairs                      Robert Berg, Citizens with Disabilities
31   Ron Drachler, alternate for Natalie von Suskil
32   Jeremy Whatmough, Elderly Citizens
33   George McKay, Citizen Advocate
34   Marice Sardo, Citizen Advocate User
35   Jeannine Buzbee, Easter Seals of SW Florida
36
37
38   NON-VOTING MEMBERS
39   Becky Jo Hayes, MCAT
40   Steve Westley, TMS-Medicaid Provider
41
42   OTHERS
43   Robin Parrish, FDOT
44   Kenneth Flemming, Citizen
45   Doris Duns, Citizen
46   Debbie Grubbs, Citizen
47
48
49   STAFF
50   Bob Herrington, Planning Manager
51   Sue Clapsaddle, HR/Fiscal Manager
52
     MTD Meeting Minutes
     November 17, 2010
     Page 2 of 6


 1   Vice Chair Whatmough reported that Chair Barford chose not to seek re-election, Mr. Herrington stated
 2   that there were two possible nominees for the TD Chair who were Councilwoman Marianne Barnebey
 3   and Mayor Rich Bohnenberger. This item will go before the MPO Board at its December 13, 2010
 4   meeting.
 5
 6
 7   II.    APPROVAL OF MINUTES
 8
 9          1.      Approval of the September 8, 2010 Meeting Minutes
10
11                  Ms. Sardo:               I move approval of the meeting minutes.
12
13                  Mr. Zickafoose:          I second the motion.
14
15                  MOTION CARRIED UNANIMOUSLY.
16
17
18   III.   PUBLIC COMMENTS
19
20          1.      Ms. Debbie Grubbs noted that her and her late husband had ridden the fixed route transit
21                  and paratransit quite a bit. She stated that it was not always easy riding the fixed route
22                  because drivers do not call out stops. It is difficult to find the buses because they do not
23                  identify the buses and difficult with bus stops. She also stated that the fixed route transit
24                  is not abiding by the ADA rules (i.e. major stops have to be called out). There needs to
25                  be better communication with paratransit and the people who are served.
26
27                  With regard to her last experience with paratransit, she had called MCAT to advise that
28                  she had finished early and was ready whenever someone could pick her up. When she
29                  returned home, she had received, as did her friend, an irate message from a person named
30                  Benita who said they had made other people late and that they disobeyed the rules. Ms.
31                  Grubbs found her intimidating. Some of MCAT’s staff needs to treat people with more
32                  respect. One cannot abide by the rules if they do not know what the rules are.
33
34          Ms. Hayes responded the drivers are supposed to call out the stops; same can now be verified by
35          looking at the video cameras. She also stated assistance should be provided by the drivers in
36          identifying the buses when there are multiple buses. Ms. Hayes noted there is no problem with
37          calling in as Ms. Grubbs did. She will address the issue regarding the telephone call. Paratransit
38          is having a difficult time due to losing three drivers.
39
40          Ms. Buzbee stated that people are intimidated and do not know to call and make a complaint.
41          There is no way to get a good picture of the incidents that are occurring.
42
43          Vice Chair Whatmough suggested that MCAT/agencies notify the people with whom they are
44          involved with of their ability to call and provide comments, complaints or praises. Ms. Hayes
45          noted the telephone number was posted on the vehicles.
46
47          Ms. Sardo noted she wrote the Manatee County Board of County Commissioners expressing the
48          need for more funds and because of the return trip for medical which is nearly impossible to
49          gauge as far as the return time from the doctor’s office. Ms. Hayes will look into this matter.
                                                                        Manatee County Area Transit
                                                                        LCB Report As of 10/31/2010


                                               MCAT TRIP LISTING AS OF DECEMBER 31, 2010

Billed Trips
                Oct '10 Nov'10 Dec '10
Total Trips      6,978 6,681     6,413
ADA Trips        2,087 2,074     2,059
CCE                  60     98       65
Devlp Svce       1,883 1,779     1,725
MOW                  46     42       26
Voc Rehab            15     10        5
T.D.             2,726 2,553     2,391
Veterans            157    129     145


                Oct '10 Nov'10 Dec '10
Policy                2      0        0
Schedule              3      0        0
Service               0      1        0
Total                 5      1        0


Total Trips         6,978 6,681                                 6,413
Complaints              5      1                                    0
%                  0.0007 0.0001                               0.0000

Un-met Trips
              Oct '10 Nov'10 Dec '10
Medical             0      3        3
Casual              1      2        2
Client Refuse       3     13       12
Total               4     18       17


                                                                               Trips


   10,000
                               6,681
               6,978




                                               6,413




    8,000
                                                                                                      Total Trips
    6,000
                       2,087



                                       2,074



                                                       2,059




    4,000

    2,000                                                                                             ADA Trips

         0




                                                                         Major TD Trips
 4,000

 3,500
                                                                                                        Devlp
                                                                                                        Svce
 3,000

 2,500

 2,000
                                                                                                        T.D. Trips
 1,500

 1,000
         Oct '10 Nov'10 Dec '10
                                                 Manatee County Area Transit
                                                 LCB Report As of 10/31/2010

                                                    Other TD Trips
        1,200
                                                                                          CCE
        1,000

            800
                                                                                          MOW
Trips




            600

                                                                                          Voc Rehab
            400

            200
                                                                                          Veterans
              0
                  Oct '10 Nov'10 Dec '10




                        MCAT T.D. / ADA Complaints/Trips Charts as of December 31, 2010


                                                      T.D. and ADA Complaints
        6
                                                                                            Policy
        5                                                                                   Schedule
                                                                                            Service
        4
                                                                                            Total
        3

        2

        1

        0
              Oct '10   Nov'10 Dec '10




                                           T.D. and ADA Trips/Complaints Percentage
        0.0008
        0.0007
        0.0006
        0.0005
        0.0004
                                                                                                      %
        0.0003
        0.0002
        0.0001
        0.0000
                  Oct '10 Nov'10 Dec '10




                                                     Un-Met Trips
        60

        50                                                                                 Medical

        40

        30                                                                                 Casual

        20

                                                                                           Client
        10
                                                                                           Refuse
        0
              Oct '10 Nov'10 Dec '10
                                                                       MCAT System Ridership
                                                                      FY 2010/2011 Year-to-Date
                                            Oct '10   Nov    Dec    Jan '11    Feb     Mar     Apr     May     Jun      Jul    Aug    Sep                    Totals
Current FY Year Fixed Route Transit         98,921  94,659  90,223                                                                                            283,803
 Last FY09/10Year                           87,834  77,472  78,633  80,640  85,129  92,396  93,327  84,948  83,837  82,682  85,900  94,167                  1,026,965
Current FY Trolley                          29,890  29,658  26,100                                                                                             85,648
 Last FY09/10Year                           29,073  29,092  29,525  30,160  35,732  58,285  50,664  31,401  32,175  35,679  28,146  22,124                    412,056
Current FY ParaTransit                       6,967   6,681   6,413                                                                                             20,061
 Last FY09/10Year                            7,953   6,944   7,512   7,092   6,999   8,031   7,798   7,010   7,183   6,755   7,042   7,008                     87,327
Current Year Total                         135,778 130,998 122,736                                                                                            389,512
 Last FY09/10Year                          124,860 113,508 115,670 117,892 127,860 158,712 151,789 123,359 123,195 125,116 121,088 123,299                  1,526,348

                                            Oct '10      Nov      Dec      Jan '11       Feb       Mar        Apr    May     Jun      Jul    Aug    Sep      Totals
Wheel Chairs
Current FY Year Fixed Route Transit            794       610        536                                                                                        1,940
 Last FY09/10Year                              897       693        782       619        737       817       865     908     833     957     847     863       9,818
Current FY Trolley                              26        12         10                                                                                           48
 Last FY09/10Year                               31        38         37        36         22           38     27      12      26      39      23      27         356
Bicycles
Current FY Year Fixed Route Transit          3,834      3,612     3,204                                                                                       10,650
 Last FY09/10Year                            3,337      2,918     3,028     3,051      3,205     3,598      3,662   3,648   3,840   3,648   3,804   3,728     41,467
Current FY Trolley                           1,188      1,184       846                                                                                        3,218
 Last FY09/10Year                            1,006      1,106     1,031       981        821       976       977     891    1,004    946    1,133    856      11,728

Current FY ParaTransit
Trip Purpose (%)
                                            Oct '10      Nov      Dec                                                                                       Average
Medical                                     36.6%      37.7%     39.4%                                                                                        37.9%
Work                                        15.1%      13.9%     13.5%                                                                                        14.2%
Nutrition                                    0.6%       0.6%      0.4%                                                                                          0.5%
School/Education                             2.5%       2.6%      1.6%                                                                                          2.2%
Casual                                       8.9%       8.5%      8.3%                                                                                          8.6%
Assessments                                  0.2%       0.2%      0.4%                                                                                          0.3%
Other                                       36.1%      36.5%     36.4%                                                                                        36.3%

                                      Other Trips = Veterans, Escorts, Agencies and Special Services
          BYLAWS


          FOR THE


      MANATEE COUNTY
TRANSPORTATION DISADVANTAGED
  LOCAL COORDINATING BOARD




         January, 2011
SECTION I.                          NAME

The name of this Board shall be the Manatee County Transportation Disadvantaged Local
Coordinating Board (LCB). The area of jurisdiction shall be Manatee County, Florida.

SECTION II.                         PURPOSE

According to Chapter 427.0157, Florida Statutes, the purpose of the Board is to provide direction
to the Community Transportation Coordinator on the coordination of services to be provided to
the transportation disadvantaged within the designated service area (Manatee County).

In general, the Local Coordinating Board is considered an advisory body.


SECTION III.                  MEMBERSHIP

Members of the Board shall be appointed by the Sarasota/Manatee Metropolitan Planning
Organization. In making these appointments, the MPO shall attempt to appoint individuals who
have positions of responsibility within the agency at a level high enough to allow them to
adequately represent their agency during Board discussions and when votes are being taken.

      A.          VOTING MEMBERS

                  1.          An elected official from the designated service area, serving as the
                              chairperson;
                  2.          A local representative of the Florida Department of Transportation;
                  3.          A local representative of the Florida Department of Children and Family
                              Services;
                  4.          A local representative of the Public Education Community which could
                              include, but not be limited to, a representative of the District School Board,
                              School Board Transportation Office, or Headstart Program in areas where the
                              School District is responsible;
                  5.          In areas where they exist, a local representative of the Florida Division of
                              Vocational Rehabilitation or the Division of Blind Services, representing the
                              Department of Education;
                  6.          A person recommended by the local Veterans Service Office representing the
                              veterans of the county;
                  7.          A person who is recognized by the Florida Association for Community Action
                              (President), representing the economically disadvantaged in the county;
                  8.          A person over sixty representing the elderly in the county;
                  9.          A person with a disability representing the disabled in the county;
                  10.         Two citizen advocate representatives in the county; one who must be a person

Manatee County TD Local Coordinating Board Bylaws
                              who uses the transportation service(s) of the system as their primary means of
                              transportation;
                  11.         A local representative for children at risk;
                  12.         In areas where they exist, the Chairperson or designee of the local Mass
                              Transit or Public Transit System’s Board, except in cases where they are also
                              the Community Transportation Coordinator;
                  13.         A local representative of the Florida Department of Elder Affairs;
                  14.         An experienced representative of the local private for profit transportation
                              industry. In areas where such representative is not available, a local private
                              non-profit representative will be appointed, except where said representative
                              is also the Community Transportation Coordinator;
                  15.         A local representative of the Florida Agency for Health Care Administration;
                  16.         A representative of the Regional Workforce Development Board established
                              in Chapter 445, Florida Statutes; and
                  17.         A representative of the local medical community, which may include, but not
                              be limited to, kidney dialysis centers, long term care facilities, assisted living
                              facilities, hospitals, local health department or other home and community
                              based services, etc.

The board is to consist of individuals who represent the appropriate governmental agencies or
groups of people as defined above, and also represent, to the maximum degree possible, a cross
section of the local community.

No employee of the Community Transportation Coordinator shall serve as a voting member of
the Board. However, an elected official serving as Chairperson of the Board, or other
governmental employees that are not employed for the purpose of making provisions for
transportation and are not directly supervised by the Community Transportation Coordinator, are
eligible to serve as voting members of the Board.

      B.           VOTING ALTERNATE MEMBERS

                  1.          Agency alternates are to be appointed in writing to the planning agency
                              (MPO) by an agency representative. Non-agency alternates may be appointed
                              by the MPO, if desired;

                  2.          Each alternate may vote only in the absence of that member on a one-vote-
                              per-member basis.

                  3.          Alternates for a Board member who cannot attend a meeting must be a
                              representative of the same interest as the primary member.

      C.          NON-VOTING MEMBERS AND TECHNICAL ADVISORS

                  Additional non-voting members may be recommended by the Board and appointed by
                  the MPO.
                                                            2
Manatee County TD Local Coordinating Board Bylaws
                  Upon a majority vote of a quorum of the Board, non-voting technical advisors may be
                  approved for the purpose of providing the Board with technical advice as necessary.


SECTION IV.                   OFFICERS

      A.          CHAIRPERSON

                  The MPO shall appoint an elected official to serve as the official Chairperson for all
                  Board meetings. The appointed official shall be an elected official from Manatee
                  County or a municipality located in Manatee County. Should the individual no longer
                  be in office after elections, the MPO shall replace him/her or reappoint the
                  Chairperson at the end of his/her term.

      B.          VICE-CHAIRPERSON

                  The Board shall hold an organizational meeting each year for the purpose of electing
                  a Vice-Chairperson. The Vice Chairperson shall be a regular member elected by a
                  majority vote of a quorum of the Board. The Vice Chairperson shall serve a term of
                  one year starting with the first meeting after the election. In the event of the
                  Chairperson's absence, the Vice Chairperson will assume the duties of the
                  Chairperson and conduct the meeting. The Vice-Chairperson may serve more than
                  one term.

                  If both the Chairperson and the Vice-Chairperson are absent from a meeting, the
                  meeting shall be chaired by the MPO staff, who shall not vote.


SECTION V.                    TERMS OF APPOINTMENT

Except for the Chairperson, the non-agency members of the Board shall be appointed for three
(3) year terms. Agency members shall serve until replaced by the agency they represent.


SECTION VI.                   ATTENDANCE

The MPO shall consider rescinding the appointment of any member of the Board who fails to
attend three consecutive meetings or is recommended by the Board, to the MPO, that their
membership be rescinded.


SECTION VII. ADMINISTRATION

      A.          MPO Staff Support
                                                      3
Manatee County TD Local Coordinating Board Bylaws
                  The MPO shall provide the Board with sufficient staff support and resources to
                  enable the Board to fulfill its responsibilities as set forth in Chapter 427.0157, Florida
                  Statutes. The MPO shall provide sufficient staff to manage and oversee the
                  responsibilities of the Board. This includes, but is not limited to assisting in the
                  scheduling of meetings, training of the board members; evaluating cost effectiveness;
                  reviewing the local transportation disadvantaged Service Plan; preparing, duplicating,
                  and distributing meeting packets; and other necessary administrative duties and costs,
                  as appropriate.

      B.          Meeting and Notices

                  The Board shall meet as often as necessary in order to meet its responsibilities.
                  However, the Board shall meet at least quarterly with a quorum of its membership. A
                  quorum of the Board membership is nine voting members. All meetings, including
                  committee meetings, will function under the "Government in the Sunshine Law". All
                  meetings will provide opportunity for public comments on their agenda.

                  1.          Full Board Meeting Notices

                              MPO staff shall give all board members, Commission for the Transportation
                              Disadvantaged Region III Manager, other interested parties, and the news
                              media, at least seven days written notice of the date, time, and place for all
                              regular Board meetings. Members may request to place items on the agenda
                              by notifying the MPO staff who will then place that request on the next
                              tentative agenda .

                  2.          Emergency Meeting Notices and Committee Meeting Notices

                              MPO staff shall give Board members and others seven days notice if possible,
                              of the date, time, location and proposed agenda for Committee meetings and
                              emergency meetings. Meeting materials shall be provided as early as
                              possible.

      C.          Minutes

                  MPO staff is responsible for maintaining an official set of minutes for each Board
                  meeting. The minutes shall be prepared in a reasonable time following the meeting
                  and shall include an attendance roster indicating what agency, organization or
                  position each member represents and shall reflect a summary of official actions taken
                  by the Board. The record of official actions shall include who made and seconded
                  motions, as well as the number of members who voted for or against motions. Copies
                  of all Board minutes shall be sent to the Commission for the Transportation
                  Disadvantaged and the Chairperson of the MPO after each meeting, or as part of the
                  quarterly report. Minutes of the full board meeting shall be mailed to the Manatee
                                                           4
Manatee County TD Local Coordinating Board Bylaws
                  County Transportation Disadvantaged Local Coordinating Board, and it's advisory
                  members seven days prior to the next regularly-scheduled board meeting.

                  Committee meeting minutes may be in the form of a brief summary of basic points,
                  discussions, decisions, and recommendations to the full board.


SECTION VIII. DUTIES

      A.          According to Chapter 427.0157, Florida Statutes, the Board has the following duties:

                  1.          Review and approve the Community Transportation Coordinator's Service
                              Plan, including the Memorandum of Agreement (MOA), prior to submittal to
                              the Commission for the Transportation Disadvantaged.

                              a.          In order to perform this duty, the Board shall establish a Committee to
                                          review and develop recommendations concerning the MOA and
                                          coordinated community transportation disadvantaged Service Plan.
                                          This Subcommittee shall ensure that the Service Plan has been
                                          developed by involving all appropriate parties in the process.

                              b.          The Subcommittee shall forward the MOA and Service Plan to the
                                          Board with a recommendation.        After Board review, of the
                                          Committee's recommendations, the Board shall forward it's
                                          recommendations to the MPO for review and final disposition.

                  2.          Conduct an annual performance evaluation of the Community Transportation
                              Coordinator. This evaluation shall be conducted using evaluation criteria
                              developed by the Commission for the Transportation Disadvantaged, as well
                              as any other evaluation criteria approved by the Board.

                              The evaluation of the Community Transportation Coordinator's performance
                              shall be both in general, and relative to specific criteria contained in the
                              Service Plan, and recommendations contained in the Commission for the
                              Transportation Disadvantaged quality assurance reviews.

                              The results of the annual evaluation and recommendations relative to
                              performance and renewal of the Memorandum of Agreement or Service Plan
                              shall be forwarded to the MPO for its consideration as it develops its
                              recommendations concerning the redesignation of the Community
                              Transportation Coordinator. The results of this evaluation and the MPO's
                              recommendation shall be forwarded to the Commission for the Transportation
                              Disadvantaged for final disposition.

                  3.          In cooperation with the Community Transportation Coordinator, review and
                                                               5
Manatee County TD Local Coordinating Board Bylaws
                              provide recommendations to the MPO on all funding applications for local
                              government, state or federal funds relating to the transportation disadvantaged
                              within Manatee County to ensure that any expenditures within the designated
                              service area are provided in the most cost effective and efficient manner.

                              a.          Appoint a Subcommittee to review these applications to ensure that
                                          they are consistent with the Community Transportation Coordinator's
                                          Service Plan contained in the approved Memorandum of Agreement.
                                          This review shall consider:

                                          1.        the need for the requested funds or services;

                                          2.        consistency with local government comprehensive plans;

                                          3.        coordination with local transit agencies;

                                          4.        consistent with the Community Transportation Coordinator's
                                                    Service Plan;

                                          5.        whether such funds are budgeted for the services expected; and

                                          6.        whether such funds will be spent in a manner consistent with
                                                    the requirements of coordinated transportation laws and
                                                    regulations.

                              b.          Notify the Commission for the Transportation Disadvantaged of any
                                          unresolved funding requests without delaying the application process.




                  4.          Review the coordination strategies or service provision to the transportation
                              disadvantaged in Manatee County to seek innovative ways to improve cost
                              effectiveness, efficiency, safety, working hours, and types of service in an
                              effort to increase ridership to a broader population. Such strategies should
                              include:

                              a.          Supporting inter and intra county agreements to improve coordination
                                          as a way to reduce costs for service delivery, maintenance, insurance,
                                          or other identified strategies; and

                              b.          Seeking the involvement of the private and public sector, volunteers,
                                          public transit, school districts, elected officials, and others in any plan
                                          for improved service delivery.

                                                                  6
Manatee County TD Local Coordinating Board Bylaws
      B.          Appoint a Grievance Committee to serve as a mediator to hear and investigate
                  complaints from agencies, users, potential users, Community Transportation
                  Coordinators, subcontractors, or other interested parties, and make recommendations
                  for improvement of service from the suggestions made from agencies, users, potential
                  users of the system, and the Community Transportation Coordinator in the designated
                  service area.

      C.          Establish procedures to provide regular opportunities for issues to be brought before
                  the Grievance Committee and to address them in a timely manner. The Board
                  process should complement the Community Transportation Coordinator's grievance
                  process. Members appointed to the committee shall be voting members of the Board.

      D.          In coordination with the Community Transportation Coordinator, jointly develop
                  applications from funds that may become available.

      E.          Annually review coordination contracts to advise the Community Transportation
                  Coordinator whether the continuation of said contract provides the most cost effective
                  and efficient transportation available.

      F.          Annually hold a public hearing for the purpose of receiving input on unmet needs or
                  any other areas that relate to the local transportation services. The public hearing will
                  be held at a place and time that is convenient and accessible to the general public. In
                  order that additional funding is not used or needed to accommodate this requirement,
                  the public hearing shall be incorporated with a regular business meeting of the Board.
                  A public hearing can be held jointly with the Commission for the Transportation
                  Disadvantaged and this will satisfy the annual requirement.




SECTION IX.                   AMENDMENTS

These Bylaws may be amended by the affirmative vote of two-thirds of the members of the full
Board, provided a copy of the propose amendment shall have been provided to every member at
least thirty (30) days before it is to be voted on. All proposed amendments shall be voted on at
regular meetings.


SECTION X.                    PARLIAMENTARY PROCEDURES

The Board will conduct business using parliamentary procedures according to the latest version
of Robert's Rules of Order.

                                                       7
Manatee County TD Local Coordinating Board Bylaws
SECTION XI.                   EFFECTIVE DATE

These Bylaws and any and all amendments to the Bylaws will become effective upon an
affirmative vote of two-thirds of the voting Board.

These Bylaws are hereby approved on this the 19th day of January, 2011.



Coordinating Board:                                     Attested:



____________________________________                    _______________________________
Mayor Rich Bohnenberger, Chairperson                    Jim Van Pelt,
Manatee County Transportation Disadvantaged             Public Transportation Planner
Local Coordinating Board                                Sarasota/Manatee Metropolitan Planning
                                                        Organization




                                                    8
Manatee County TD Local Coordinating Board Bylaws
             RULES AND PROCEDURES

                    FOR THE

                MANATEE COUNTY

TRANSPORTATION DISADVANTAGED COORDINATING BOARD

              GRIEVANCE COMMITTEE




                   APPROVED

                 January 19, 2011
SECTION 1.    CREATION OF COMMITTEE:

1.01   There is hereby created and established a Grievance Committee of the Manatee County

       Transportation Disadvantaged Local Coordinating Board as required by Chapter 427 of the

       Florida Statutes and as specified in the Manatee County Transportation Disadvantaged Local

       Coordinating Board Bylaws.

1.02   The Local Coordinating Board Grievance Committee hereinafter referred to as the Grievance

       Committee.



SECTION 2.    DEFINITIONS:

2.01   As used in these Rules and Procedures the following words and terms shall have the meanings

       assigned herein:

       A.     COMMUNITY TRANSPORTATION COORDINATOR (CTC):                           A transportation entity

              appointed to ensure that coordinated transportation services are provided to the

              transportation disadvantaged population in a designated service area.

       B.     TRANSPORTATION DISADVANTAGED (USER): Those individuals who because of

              physical or mental disability, income status or       age are unable to purchase and are

              therefore, dependent upon        others to obtain access to health care, employment,

              education, shopping, social activities or other life sustaining activities.

       C.     FUNDING AGENCY: Those agencies which have a funding contract with the CTC for

              transportation services for the transportation disadvantaged.

       D.     TRANSPORTATION PROVIDER: The entity providing transportation services for the

              transportation disadvantaged whether it be a private non-profit, private for profit, or public

              provider.

       E.     PLANNING AGENCY STAFF:                 Sarasota/Manatee MPO Staff assigned to provide

              administrative support to the Coordinating Board and all of its Committees.
SECTION 3.     OBJECTIVES:

3.01   The objectives of the Grievance Committee shall be to suggest rules and procedures to ensure

       quality service and to provide participating users, funding agencies and transportation providers

       with an impartial body to hear unresolved complaints concerning services rendered and to

       suggest possible resolutions.



3.02   It should be noted that there is a distinct difference between “hearing” a grievance, and “hearing

       and determining” a grievance. Neither the Grievance Committee nor the Local Coordinating

       Board has the authority to “hear and determine” a grievance. The Local Coordinating Board only

       has the authority to “hear” and advise.   When an entity makes a determination of rights, duties,

       privileges, benefits, or legal relationships of a specified person or persons, it is exercising

       “adjudicative” or “determinative” powers. Deciding a grievance between two independent parties

       may fall into these parameters, depending on the nature of the grievance. Chapter 427, Florida

       Statutes grants no adjudicative powers to anyone.



       Even though the Local Coordinating Board does not have determinative or adjudicative powers,

       the recognition of problems by the various members of the Local Coordinating Board is a very

       useful mechanism to help resolve many issues. In addition, it should be noted that since the

       Local Coordinating Board is involved in the development and approval of the Community

       Transportation Coordinator’s Service Plan, and the annual evaluation of the Community

       Transportation Coordinator, there is considerable avenue for the Local Coordinating Board to

       influence changes where needed.




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SECTION 4.     MEMBERSHIP:

4.01   Members of the Grievance Committee shall be appointed by the Local Coordinating Board and

       shall consist of at least five voting members of the Board.



SECTION 5.     TERM OF MEMBERS:

5.01   The members of the Grievance Committee shall serve a term of one (1) year. Members are

       selected by the Local Coordinating Board at the first regular Board meeting of each calendar

       year.



5.02   The Grievance Committee shall elect a Chairperson and a Vice Chairperson at the first scheduled

       meeting of each year who shall serve until successors are elected.



5.03   A majority shall be present for any official action. The meetings shall be held at such times as the

       Grievance Committee may determine.



5.04   No member of the Local Coordinating Board or Grievance Committee will have a vote on an issue

       that is deemed a conflict of interest.



               5.05     Any member of the Grievance Committee or Local Coordinating Board who

               provides advise, advocacy, or assistance in any capacity to an individual in the filing of a

               complaint to the Community Transportation Coordinator or in the filing of a grievance to

               the Grievance Committee will be considered to have a conflict of interest. In such cases

               the member will abstain from any vote taken in relation to that particular complaint or

               grievance during any deliberations held to develop a suggested resolution by the

               Grievance Committee or Local Coordinating Board.




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SECTION 6.     GRIEVANCE PROCEDURES:

6.01   Grievance procedures will be those as specified by the Grievance Committee as set forth below:



6.02   Unresolved complaints which emanate from continued lateness, driver behavior, passenger

       discomfort, irregularities in the system of delivery or decisions made to deny, reduce or terminate

       services constitute grievances for users or funding agencies.         Unresolved complaints about

       charges or billing constitute grievances by a funding agency or transportation provider. Other

       unresolved complaints can be heard at the discretion of the Grievance Committee.



6.03   The Community Transportation Coordinator (CTC) will make every effort to resolve the complaint

       following the procedures of his/her agency.



6.04   If this effort is not successful, the grievant may present their unresolved complaint in the form of a

       written statement to the Grievance Committee through the Planning Agency Staff. This statement

       should describe the details of the unresolved complaint, the attempts made to resolve the

       complaint, and why the proposed resolution was not satisfactory. Upon request, the Planning

       Agency staff will provide assistance to any grievant with producing their written statement .



6.05   Upon receipt of the written statement, the Planning Agency staff will notify the Grievance

       Chairperson of the filing of a grievance. The Chairperson shall have fifteen (15) working days to

       contact Grievance Committee members and set a grievance hearing date.

6.06   The grievant and all parties involved shall be notified at least seven (7) working days prior to the

       hearing date by certified mail, return receipt requested.




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SECTION 7.       POWERS AND DUTIES OF THE GRIEVANCE COMMITTEE:

7.01   The Grievance Committee shall have the power to hold hearings, conduct investigations and take

       testimony in all matters relating to unresolved complaints or grievances brought before the

       Committee by a user, funding agency or transportation provider.



7.02   Each party, at their own expense, shall have the right to be represented by counsel, to call and

       examine witnesses, to introduce exhibits, and to examine opposing witnesses on any relevant

       matter.



7.03   The Grievance Committee shall review the material presented and recommend a resolution to all

       parties involved within ten (10) working days. The said notice shall be sent to all parties by

       certified mail, return receipt requested.



7.04   All meetings and hearings shall be open to the public.



7.05   Minutes shall be kept at each hearing and filed with the Coordinating Board and shall be public

       record.



7.06   If the recommended resolution made by the Grievance Committee is not satisfactory to the

       grievant, the grievant may, within ten days of receipt of the recommended resolution, request that

       their grievance be heard by the Local Coordinating Board at the next regularly scheduled

       meeting.



7.07   If the recommended resolution made by the Local Coordinating Board is not satisfactory to the

       grievant, the grievant may, within ten days of receipt of the recommended resolution, request that

       their grievance be heard by the Sarasota/Manatee MPO Board at the next regularly scheduled

       meeting.


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7.08   If all above attempts are unsuccessful, the grieving party may notify the Transportation

       Disadvantaged Commission, Tallahassee, Florida. The Commission shall respond to the grieving

       party within thirty (30) calendar days.



SECTION 8.     NOTIFICATION OF PROCEDURES:

8.01   The grievance procedures and the rights of the user shall be posted in a location that is generally

       visible to sighted clients and be periodically explained verbally to sight impaired clients.




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      PROPOSED MANATEE COUNTY LOCAL
  COORDINATING BOARD MEETING SCHEDULE 2011


Wednesday, January 19, 2011

Wednesday, May 18, 2011

Wednesday, September 7, 2011

Wednesday, November 16, 2011


All meetings will be held at the MPO offices
7632 15th Street East, Sarasota, Fl. 34243
Beginning at 10:00 A.M.

								
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