C-TRAN BOARD OF DIRECTORS MEETING MINUTES

February 12, 2013

The C-TRAN Board of Directors meeting was held Tuesday, February 12, 2013 at C-TRAN Administrative Facility, 2425 NE 65th Avenue, Vancouver, 98661.

CALL TO ORDER Chair Bill Ganley called the meeting to order at 5:32 p.m.

PLEDGE OF ALLEGIANCE Chair Smith led the Pledge of Allegiance.

ROLL CALL OF MEMBERS PRESENT: Connie Jo Freeman, Bill Ganley, Bart Hansen, Roy Jennings, Tim Leavitt, David Madore, Tom Mielke, Jim Irish, Larry Smith,

ABSENT: Steve Stuart None

STAFF PRESENT Executive Director/CEO Jeff Hamm, Legal Counsel Tom Wolfendale, Director of Operations Lynn Halsey, Director of Development & Public Affairs Scott Patterson, Director of Maintenance John Hoefs, Director of Administrative Services Diane O’Regan, Operations Chief Debra Wright, Senior Manager of Development & Public Affairs Jim Quintana, Senior Human Resources Manager Julie DeBoever, Senior Manager of Information Technology Bob McMahan, Passenger Service Manager Walt Gordon, Senior Planner Tom Shook, Executive Assistant/Clerk of the Board Debbie Jermann

CHANGES TO AND APPROVAL OF THE BOARD AGENDA

LARRY SMITH MOTIONED, TIM LEAVITT SECONDED, AND MOTION CARRIED TO APPROVE THE AGENDA.

CITIZEN COMMUNICATION TO THE BOARD

STEVE HERMAN, Vancouver, WA thanked the Board for their support of the November 2012 vote, and asked for consideration of a straight yes or no vote on the proposed project.

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CAROLYN CRAIN, Vancouver, WA stated there is proposed legislation in Olympia that has light rail implications and violate eminent domain, and could result in public property disposition for less than market value. Ms. Crain said this would be a violation of private property rights. Ms. Crain urged the Board to slow down and look at what is happening with the Crossing (CRC) project.

JIM KARLOCK, Portland, OR questioned the analysis for estimated jobs for the CRC project, and suggested that tolls could result in job loss. Mr. Karlock questioned tax incentives that result in development rather than transit.

MARK MAGGIORA, Vancouver, WA presented a petition (see Exhibit A) from a grass roots group who wished to see BRT on Fourth Plain move forward. The petition requests that: 1) BRT be separated from the CRC project; 2) Fund the BRT project within existing C-TRAN resources without raising taxes; and 3) Use the $800,000 annual cost savings from operation BRT to replenish C-TRAN’s capital reserves while reinvesting some of the savings to other C-TRAN routes. Mr. Maggiora stated the petitions contain over 250 signatures from the Fourth Plain Corridor. Mr. Maggiora stated they believe the BRT project is necessary and would be a valuable resource for the Fourth Plain Corridor.

JUDY TIFFANY, Vancouver, WA submitted a map (see Exhibit B) showing the results of the November 2012 Proposition 1 vote, which shows that the Fourth Plain Corridor approved Proposition 1 by a vote of 52% approval and 48% rejection. Ms. Tiffany said the BRT project would add needed lighting at stops, provide efficiency for wheelchair lifts, and help on-time performance.

MADISON SYVERSON, Vancouver, WA stated she is a Clark College student and bike commuter. The current buses used only allow two bicycles on the bike rack. If the bike rack is full, you need to wait for the next bus. BRT vehicles have more room for bicycles and those vehicles would run with increased frequency. Ms. Syverson said that as she was collecting signatures for the petition, she spoke with other Clark College students who thanked her for her work to improve bus frequency. Ms. Syverson stated a modern efficient bus system on Fourth Plain would be an asset.

RICH BARANZANO, Portland, OR stated he is a Fourth Plain business owner and believes BRT is an economic catalyst for the corridor. Mr. Baranzano shared reports entitled “ Development Oriented Transit” (April 2008), “Streetcar-Development Linkage: The Portland Streetcar Loop” (February 2008), TRB 2012 Annual Meeting BRT and Economic Development Case Study of the Eugene-Springfield BRT System (November 2011), and USA Today article entitled “Portland Streetcar Success Has Fueled Interest Elsewhere” (August 2010). These reports are attached to these minutes as Exhibit C.

MADELEINE VON LANE, Vancouver, WA submitted a list of BRT quotes from notable groups or individuals (Exhibit D). During the recession, it has been difficult for young people to find jobs. Many students do not have a car and take public transportation due to the cost of car ownership. If you do drive to school, you have to arrive early to ensure a parking spot. Ms. Von Lane stated BRT will help preserve resources for a sustainable future.

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HARRY KIICK, Vancouver, WA stated he has ridden C-TRAN for 17 years, and used to live in the Fourth Plain Corridor. Mr. Kiick stated he has watched C-TRAN try to keep up with demand on Fourth Plain as the population has increased. Mr. Kiick said he has attended many meetings with business leaders along Fourth Plain, many have stated when C-TRAN adds new stops, and landscaping for BRT, the property owners on the corridor would provide additional landscape improvements to their property. Mr. Kiick added that the CRC and BRT are two separate issues and should be acted on separately.

Written Testimony:

JASON HOOVER, Vancouver, WA submitted an e-mail dated February 12, 2013, regarding C-TRAN Board meetings on CVTV, BRT on Fourth Plain, and CRC/Light Rail to Vancouver (attached to these minutes as Exhibit E).

PUBLIC HEARING

1. PROPOSED CHANGES TO ROUTE 41 CAMAS/WASHOUGAL LIMITED Director of Development & Public Affairs Scott Patterson and Senior Planner Tom Shook introduced the proposed changes to Route 41 Camas/Washougal Limited. At the December 11, 2012 C-TRAN Board of Directors meeting, staff informed the Board of proposed service changes to Route 41 Camas/Washougal Limited and Route 7 Battle Ground. Only the proposal for Route 41 Camas/Washougal Limited requires a public hearing, but both routes are included in the May 2013 service change. The proposed changes include opportunities to provide more efficient and effective service without additional agency resources.

Chair Ganley opened the public hearing.

No one wished to testify.

Chair Ganley closed the public hearing.

CONSENT AGENDA 1. APPROVAL OF C-TRAN BOARD OF DIRECTORS JANUARY 8, 2013 MEETING MINUTES 2. TRANSMITTAL OF CLAIM VOUCHERS NUMBERED 096593 THROUGH 096984 PLUS NET PAYROLL PAID IN JANUARY 2013, IN THE TOTAL AMOUNT OF $3,633,189.62 Board Member David Madore pulled this item from the Consent Agenda. 3. 2013 INFORMATION TECHNOLOGY CONTRACTED MAINTENANCE AGREEMENTS, STAFF REPORT #13-011 C-TRAN maintains a variety of contract maintenance service agreements with a variety of vendors as itemized in the budget for 2013. These maintenance contracts are a necessary part of systems operations and ongoing maintenance. These maintenance agreements vary in price and those exceeding the $25,000 threshold must be brought to the C-TRAN Board of Directors on an annual basis. In order to improve efficiency by reducing the number of staff reports required to renew these necessary services, several contracts have been included in this one staff report. Estimated contract maintenance costs over the $25,000 threshold, total $480,921. These costs cover agreements for the following

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technical maintenance programs:

Vendor Cost Description Asset Works $55,948 FA Fleet & Fuel Management Systems Day Wireless $52,000 Voice Radio Communications Maintenance Systems INIT $241,805 CAD/AVL, APC, MDT, ASA and Real-time Passenger Information products Tectura $63,036 Microsoft Great Plains Dynamics - Human Resources, Payroll, Finance & Accounting Software Trapeze $68,132 Paratransit Scheduling & Advance Traveler Information System (ATIS) Trip Planning Systems TOTAL $480,921

The cost of these services is included in the adopted budget, is reasonable, and monitored by C-TRAN staff. Typical increases are three to five percent annually.

4. DESIGNATED RECIPIENT OF FTA 5310 FUNDS (ENHANCED MOBILITY OF SENIORS & INDIVIDUALS WITH DISABILITIES PROGRAM), BOARD RESOLUTION BR-13-004, STAFF REPORT #13-005 The recent Federal Transportation Authorization Act, “Moving Ahead for Progress in the 21st Century (MAP-21)”, consolidated the New Freedom (Section 5317) and Elderly and Disabled (Section 5310) programs established under the former authorization bill, to create a new Section 5310 Enhanced Mobility of Seniors and Individuals With Disabilities Program. Section 5310 will provide formula grant funds for programs that serve the special needs of transit-dependent populations beyond traditional public transportation services and ADA complementary Paratransit. Several requirements must be fulfilled before the Portland-Vancouver region can receive Section 5310 funds:

• The Metropolitan Planning Organization (MPO) initiates a process to designate recipients of FTA 5310 funds within the metropolitan area; • Providers of publically owned transit services concur with the designation; • The Governors of Washington and Oregon identify the designated recipients for Section 5310 funding; and • FTA receives notification of designated recipient status.

Public transit agencies are being proposed as designated recipients as they have the legal and administrative capacity to manage the FTA funds. As a designated recipient, C-TRAN would be required to coordinate with the Regional Transportation Council (RTC) in the project selection process, identify Section 5310 projects in the Human Services Transportation Plan, and program projects for funding in the Metropolitan Transportation Improvement Program (MTIP). The RTC Board of Directors adopted a Resolution at their February 5, 2013 meeting, concurring that TriMet, C-TRAN, and SMART (Wilsonville, OR) be designated by the Governors of Washington and Oregon as recipients of FTA’s Section 5310 program funds allocated to the Portland-Vancouver

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urbanized area. The Metro Council will also be taking action to concur that TriMet, C- TRAN, and SMART be designated as recipients of Section 5310 program funds.

BART HANSEN MOTIONED, TIM LEAVITT SECONDED, AND MOTION CARRIED TO APPROVE CONSENT AGENDA ITEMS 1, 3, AND 4.

PRESENTATIONS 1. “C-TRAN SAFETY TOGETHER IN THE 21ST CENTURY”; SAFETY MANAGEMENT ASSESSMENT EXECUTIVE SUMMARY Lee Sorenson and Jeff Johnston of Bickmore, presented the report, as outlined in the PowerPoint presentation attached to these minutes as Exhibit F. The Summary of Findings and Recommendations was also distributed (Exhibit G).

Board Member Leavitt asked aside from riding the system and observing driver behavior, if any observations on the ridership were noted.

Mr. Sorenson responded that they try to not speak with passengers, to allow them to focus on the driver’s techniques. Mr. Sorenson said he rode for three days covering approximately 80 percent of the routes, but did not ride the connector service. Mr. Sorenson did note the coverage area is very diverse.

Board Member Leavitt asked if he rode the express routes.

Mr. Sorenson said yes, including the Fisher’s Landing to Downtown Portland route.

Board Member Leavitt asked if he would characterize the C-TRAN Ridership as the “working poor”.

Mr. Sorenson responded the ridership is diverse, including college students, professionals who work in downtown Portland, and riders without means. Mr. Sorenson added he never witnessed a fare dispute.

Executive Director/CEO Jeff Hamm stated staff will review the findings and recommendations, and prepare an action plan with Bickmore’s assistance.

Board Member Roy Jennings asked for clarification on which staff members were interviewed.

Mr. Sorenson stated he primarily spoke with middle management level staff.

Board Member Jennings asked if any front line Operators were interviewed.

Director of Administrative Services Diane O’Regan responded that Coach Operator John Shreves, and Maintenance staff were interviewed.

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Mr. Sorenson stated he did observe once incident that resulted in the driver being distracted from having to distribute transfer tickets while the coach was in motion. It is recommended the distraction be eliminated by use of technology with the upcoming farebox procurement.

Board Member Jennings said the front line employees need to be included in the process, and has concerns with decisions being made, including future farebox replacement, without input from the Coach Operators.

Mr. Sorenson stated that in his experience, people who are aware they are being observed, tend to change their behaviors.

Board Member David Madore stated he understands Board Member Jennings concerns and believes that everyone needs to contribute to ensure success.

Board Member Hansen stated he consistently observes behaviors when he rides the system, and agreed that front line staff need to be involved in the process.

2. C-TRAN SERVICE STANDARDS Director of Development & Public Affairs Scott Patterson and Senior Planner Tom Shook gave the presentation as outlined in the PowerPoint presentation attached to these minutes as Exhibit H.

Board Member Madore asked if the Board is actively engaged in service changes.

Planner Shook stated as routes are reviewed, any proposed changes would be brought to the Board for consideration.

Board Member Madore asked if increased services, such as an additional bus to Route #4 would improve service.

Executive Director/CEO Hamm responded that the cost to add an additional bus to Route #4 is $200,000 to $250,000 per year. Adding an additional bus to #4 can result in “bunching”.

Board Member Madore asked if obvious route changes can be “fast tracked”.

Planner Shook stated yes, and proposed changes to Route #37/Mill Plain would be coming to the Board for consideration in the near future.

Board Member Connie Jo Freeman asked if other options for improved service on the Route #4 Fourth Plain, other than Bus Rapid Transit (BRT), were considered.

BRT Manager Chuck Green said yes, and provided an overview of the options considered.

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Board Member Madore suggested simple steps that can be taken immediately to address service needs on Fourth Plain be taken, and encouraged staff to reconsider other previously explored options for service on Fourth Plain.

Board Member Leavitt said adding buses to Fourth Plain can result in buses “stacking”, and suggested staff provide Board Member Madore with a thorough briefing of the alternatives that were considered for the Fourth Plain project. The potential savings from utilizing BRT on Fourth Plain ($800,000) could be allocated to service on other parts of the system

Manager Green stated he was advised by the Federal Transit Administration (FTA) that incremental improvements to Fourth Plain would not endanger the Small Starts funding request as FTA understands we may need to do service improvements prior to a BRT project coming on-line in a few years.

Board Member Smith asked if there are ways that deadheading buses could be utilized.

Planner Shook stated they will continue to look for ways to attract ridership to maximize ridership on all legs of service.

Board Member Leavitt asked staff to provide the Board information at a future meeting on the impact of light rail on return ridership vs. the current Express Service.

Planner Shook responded that light rail is designed to capture a different market, such as service in downtown Portland that is designed to capture riders on both trips.

Board Member Jim Irish stated that the fare paid for Express Service covers both trips.

EXECUTIVE SESSION

1. RCW 42.30.110 LABOR NEGOTIATIONS At 7:55 p.m., Chair Ganley advised the Board would recess and move into an Executive Session to discuss Labor Negotiations for approximately 10 minutes.

At 8:05 p.m., Chair Ganley advised the Executive Session would continue for 10 additional minutes.

At 8:15 p.m., Chair Ganley advised the Executive Session would continue for 10 additional minutes.

The Board adjourned from Executive Session at 8:21 p.m. with no action taken.

Board Member Tom Mielke left the meeting at 8:25 p.m.

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STAFF REPORTS 1. LABOR AGREEMENT: AMALGAMATED TRANSIT UNION, LOCAL 757- SUPERVISOR/ANALYST EMPLOYEES, STAFF REPORT #13-006 The ATU filed a petition with the Public Employer Relations Commission (PERC) in December 2010 to represent Operations Supervisor/Analyst employees. The PERC certified the bargaining unit in March 2011. This Bargaining Unit includes all non- confidential full-time and regular part-time Supervisors in Operations, Operations Analysts, and the Inventory Analyst. Bargaining commenced in July 2011 and a tentative agreement was reached January 29, 2013 that addresses the issues of both parties and reflects the current or improved methods of managing the daily workflow. The tentative agreement is scheduled to be ratified by the membership on February 9, 2013.

JIM IRISH MOTIONED, LARRY SMITH SECONDED, AND MOTION CARRIED TO TABLE UNTIL THE MARCH 19, 2013 BOARD MEETING.

2. PROPOSED CHANGES TO ROUTE 41 AND ROUTE 7, STAFF REPORT #13-007

Route 41 – Camas/Washougal Limited Route 41 currently operates weekdays only, with one morning trip from Camas & Washougal to Delta Park/Vanport MAX Station and one evening trip from Delta Park/Vanport to Camas & Washougal via Fisher’s Landing Transit Center (FLTC) and Downtown Vancouver. The scheduled trips are designed to cater to commuters traveling to points in Portland via the MAX Yellow Line. The service carries approximately 10 passengers per weekday (20 daily boardings), and performs at 11.1 passengers per revenue hour, well below the service average of 27.1 passengers per hour. In 2011, C- TRAN subsidized $14.05 per passenger boarding to continue its operation. A portion of Route 41 service currently duplicates Route 92 from Washougal to FLTC. Route 92 provides 30-minute service all day on weekdays. The scheduled travel time on Route 92 from Washougal to FLTC is only an average of three minutes longer than existing Route 41 scheduled travel time along the same segment. Service between Downtown Vancouver and Delta Park is also duplicative of current Route 4 and 44 services.

After conducting an on-board survey of existing riders and an on-line survey of potential riders, staff developed a proposal to operate Route 41 resources more effectively. The proposed route would serve FLTC to Downtown Vancouver only, allowing the opportunity to double the amount of AM trips and PM trips to two in each direction. The schedule change would facilitate transfers between the proposed Route 41 and existing Route 92 Camas/Washougal, and would be timed to serve employees working in Downtown Vancouver. Service between Camas/Washougal and FLTC, and between Downtown Vancouver and Delta Park, would no longer be provided by Route 41, but these segments would continue to be served by Routes 92, 4, and 44.

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Based on a review of survey and ridership data, the proposed changes are expected to directly affect a very small portion of existing riders, although other C-TRAN services will be available to complete the trip. In addition, comments received by phone, online, and at a January 24 open house were favorable overall, and did result in a minor adjustment to the proposed schedule.

Route 7 – Battle Ground Afternoon service reliability on Route 7 has gradually deteriorated due to a combination of factors, including heavy traffic on SR 503 and Battle Ground’s Main Street, and because of delays caused by recently revised railroad crossing laws. In early 2012, service on Route 7 Battle Ground operated approximately 56 percent on time during the afternoon commute, well below the system average of 73 percent. In order to maintain existing service levels, resolve on-time performance issues, and considering Operator recovery time goals, staff deployed a third vehicle during the weekday afternoon commute as a short-term solution at an additional cost. This proposed change will improve Route 7 performance without requiring the additional vehicle and associated resources.

After a review of stop-level ridership along the entire route, staff identified underutilized stops at both the Battle Ground Community Center and Battle Ground Village. Due to their locations, both stops require substantial in-service time to reach, and both require C- TRAN buses to make multiple stops at railroad crossings each trip. Using this analysis, staff has recommended the following changes to Route 7:

• Discontinue direct service to the Battle Ground Community Center and Battle Ground Village; • Provide service that operates as a one-way loop along Main Street, South Grace Avenue, Rasmussen Boulevard, and South Parkway Avenue; and • Provide access to bus stops that are within walking distance from The Battle Ground Community Center, as well as Battle Ground Village.

The proposed changes are not expected to affect any existing riders.

Outreach on this proposal includes discussions with the City of Battle Ground staff and Battle Ground Village representatives, a presentation to the Battle Ground City Council on February 4, 2013, and an open house on February 7, 2013 at the Battle Ground Community Center.

LARRY SMITH MOTIONED, JIM IRISH SECONDED, AND MOTION CARRIED TO ADOPT THE MAY 2013 SERVICE CHANGE PROPOSAL AS PRESENTED.

3. AMENDMENT NO. 2: TASK ORDER CONTRACT (TOC) TECHNOLOGY CONSULTANT SERVICES, STAFF REPORT #13-008 On May 8, 2012, the C-TRAN Board approved a contract award to IBI Group for technology consulting services, as an umbrella contract, funded by individual projects authorized through task orders. Task orders over $25,000 must be brought before the C- TRAN Board of Directors prior to work commencing. Amendment No. 2 to the Technology

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Consultant Service Task Order Contract authorizes services for C-TRAN’s Bus Surveillance Wireless Enhancement project.

Over 70 percent of C-TRAN’s Fixed Route fleet is currently equipped with an obsolete and incompatible bus surveillance camera system. The system is no longer supported by the manufacturer and spare parts are becoming increasingly difficult to find. With the current system, recovery of video feeds is time consuming and can cause significant delays while video packs are pulled, downloaded, reviewed, and stored in DVD formats to protect evidence. Field Supervisors are pulled out of the field to perform this task.

The C-TRAN Mission Statement, adopted March 21, 2003, commits the agency to provide safe, reliable, efficient mobility choices. In addition, the Metropolitan Transportation Plan for Clark County, amended December 2008, includes increasing safety and security of the regional transportation system, which includes the C-TRAN transit system. The Bus Surveillance Wireless Enhancement project, in coordination with other security enhancements, will continue C-TRAN’s efforts to maintain a high degree of safety and security for our customers, as well as the public. In addition to replacing obsolete equipment, this project will enhance security staff’s response capabilities to ensure our customer’s safety, create efficiencies to maximize staff productivity, and improve the reliability of video evidence retrieval. New technology is available to enhance and upgrade current on-board security camera audio and video monitoring equipment and will provide a wireless connection for viewing passenger activity by Transit Security and Field Supervisors. In addition, recovery of video feeds can be completed wirelessly, which will allow Field Supervisors to remain on the road longer for improved employee productivity. This system will be used to protect C-TRAN assets by providing evidence in liability claims and acting as a deterrent to individuals responsible for criminal activity.

The IBI Group will provide project management, develop a concept of operations, write the technical specifications for the procurement solicitation documents, and provide general procurement support throughout the process. This process is expected to take several months with the outcome being a developed procurement solicitation document ready for release later this spring. The solicitation will seek the purchase, installation, and continual maintenance of a surveillance system with the desired wireless and enhanced features, across the Fixed Route fleet. C-TRAN and IBI personnel will work together to manage the project, assisting the selected vendor, and ensuring the quality of equipment and installation work. C-TRAN staff will test the system prior to acceptance and will ensure training on system operations and maintenance is received.

TIM LEAVITT MOTIONED, BART HANSEN SECONDED, AND MOTION CARRIED TO APPROVE AMENDMENT NO. 2 TO THE TASK ORDER CONTRACT FOR TECHNOLOGY CONSULTANT SERVICES FOR PROVISION OF TECHNOLOGY CONSULTING SERVICES FOR C-TRAN’S BUS SURVEILLANCE WIRELESS ENHANCEMENT PROJECT.

4. C-TRAN CODE OF ETHICS AND BOARD REQUEST FOR INFORMATION POLICIES, STAFF REPORT #13-009 The Code of Ethics and Request for Information policies were originally adopted January 12, 1999. At the original adoption, staff was directed to bring the policies to the Board

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annually for approval. The current C-TRAN Code of Ethics Policy was revised and adopted September 14, 2010, by the C-TRAN Board of Directors. The purpose of this Code is to establish standards of ethical conduct applicable to C-TRAN Board Members in the discharge of their duties by prescribing essential restrictions against conflict of interest and other conduct not consistent with good ethical practices while not creating unnecessary barriers to public service. To that end, Board Members should not be denied the opportunity available to all other citizens to acquire and maintain private economic interests, except in circumstances in which a conflict of interest would reasonably result. The Code provides that all Board Members comply with the law and all other applicable rules and regulations governing the conduct of public officials. The standards in this Code shall not preclude other more stringent standards required by law. The Board Request for Information Policy provides guidance for requests for information between C-TRAN Board Members and staff.

Board Member Hansen asked that a provision to treat citizens with respect be included.

DAVID MADORE MOTIONED, LARRY SMITH SECONDED, AND MOTION CARRIED TO AMEND SECTION 3.1 - MISSION STATEMENT, LAST SENTENCE TO READ AS FOLLOWS: “BOARD MEMBERS AND EMPLOYEES WILL AT ALL TIMES, TREAT EACH OTHER AND CITIZENS WITH RESPECT AND DIGNITY.”

Board Member Madore asked for consideration of an amendment that would clarify a Board Member’s Freedom of Speech or Freedom of Conscious should not be infringed upon.

Board Member Madore said specifically, section 3.1 states “... comply with all laws and regulations, and adhere to applicable C-TRAN policies and procedures.” Board Member Madore said he does not supported the adopted C-TRAN Board Policy regarding the CRC Project.

Legal Counsel Wolfendale suggested that action on this item be postponed until the March 2013 meeting to allow time to draft language to address Board Member Madore’s concerns.

Board Member Madore stated that Section 3.3 addresses conflicts of interest, and questioned if Board Member Leavitt’s employment constitutes a conflict of interest as his employer can profit from the (CRC) project.

Legal Counsel Wolfendale stated he was not prepared this evening to address this specific question. This issue was raised two years ago, and was examined under Section 4, and it was determined a conflict of interest did not exist

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Board Member Madore asked that Legal Counsel look at the issue prior to the March meeting.

Board Member Hansen suggested the information that was prepared as a result of the previous inquiry and also the results of two separate discussions by the City of Vancouver City Council, including legal options, be provided to Board Member Madore for reference.

Board Member Connie Jo Freeman asked that she also be provided with the previous inquiry information.

Board Member Leavitt questioned where the line is drawn in the Ethics Policy, or otherwise, for behavior or actions that could be considered subversive to the Governing Body, including members behaving contrary to the actions of the majority of the Board.

Legal Counsel Wolfendale stated there are various portions of the policy that could apply. The First Amendment is not the absolute right to say anything at any time you chose to say it.

Board Member Smith asked if there is any way to control someone who continually sabotages the Board.

Board Member Leavitt asked if a Board Member undermining the majority of the Board is addressed in the Ethics Policy.

Legal Counsel Wolfendale stated he will return to the Board at the March 19, 2013 Board meeting with information to address the issues raised.

5. RIGHT-OF-WAY PURCHASE FOR ANDRESEN SUPERSTOP PROJECT, STAFF REPORT #13- 010 In 2009, C-TRAN initiated the Bus Stop Safety, Streamlining, and Rehabilitation project, with a goal of systematically reviewing all bus stops to ensure their placement and design was consistent with industry best practices for safety, efficiency, and Americans with Disabilities Act (ADA) compliance. One of the locations identified for improvement is at the former bowling alley now owned by Share at 2306 Andresen Road. Buses traveling south on Andresen currently stop in the curbside traffic lane just south of a curve that limits the visibility of southbound traffic. The amount of time buses spend stopped at this location has increased over the past few years, as the opening of WinCo Foods and other nearby developments have made this stop more popular. In addition, Share’s Fromhold Service Center at that address will bring even more transit activity as the food bank and other Share programs become fully operational. The Andresen Super Stop Project was initiated in 2010 utilizing an existing Federal Transit Administration (FTA) Congestion Mitigation Air Quality (CMAQ) grant. The project requires the purchase of right-of-way along Andresen Road, in front of the Fromhold Service Center, owned and operated by Share. Utilizing the services of Epic Land Solutions, an appraisal was completed and negotiations conducted on behalf of C-TRAN. The final cost of $28,447.41 includes applicable taxes, approximately 275 square feet of right-of-way, a temporary easement

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for use during the construction phase, and compensation for the closing of the primary driveway for ingress and egress to Share’s property from Andresen Road. Compensation would provide for the re-design of Share’s parking lot and facility access using a second, less direct driveway at the north end of their property.

BART HANSEN MOTIONED, DAVID MADORE SECONDED, AND MOTION CARRIED TO AUTHORIZE THE EXECUTIVE DIRECTOR/CEO TO EXECUTE AND FILE ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION WITH SHARE INC. DESCRIBED IN STAFF REPORT #13-010.

ITEMS FROM THE CONSENT AGENDA 2. TRANSMITTAL OF CLAIM VOUCHERS NUMBERED 096593 THROUGH 096984 PLUS NET PAYROLL PAID IN JANUARY 2013, IN THE TOTAL AMOUNT OF $3,633,189.62 Executive Director/CEO Hamm stated there is a coding error on page 26 of the agenda packet. The description for the TriMet item should be fare reciprocity in lieu of payroll.

Executive Director/CEO Jeff Hamm explained the electronic fare system being developed will eliminate any issues with fare reciprocity in the future.

JIM IRISH MOTIONED, LARRY SMITH SECONDED, AND MOTION CARRIED TO APPROVE THE CLAIM VOUCHERS AS AMENDED.

COMMUNICATIONS

From the Chair:

March 2013 Meeting Date: Chair Ganley advised that given conflicts with the APTA Legislative Conference and National League of Cities Congressional Conference, staff is recommending the March meeting date be changed from March 12 to March 19.

LARRY SMITH MOTIONED, JIM IRISH SECONDED, AND MOTION CARRIED TO MOVE THE MARCH MEETING DATE TO MARCH 19, 2013.

2013 Washington State Legislative Bill Summary: Executive Director/CEO Hamm and Director Patterson provided the legislative summary report, as outlined in Exhibit I.

Board Member Leavitt asked for the reasoning behind C-TRAN lobbying for Senate Bill (SB) 5093, which is a city activity (Transportation Benefit District Vehicle Fee).

Executive Director/CEO Hamm stated the fee was designated as an alternative funding source for Light Rail Operations & Maintenance funding.

Board Member Leavitt said the implication of the bill is usurpation of local authority. Board Member Leavitt added he would support bus service from tolling expenses, which is one reason he also opposes SB 5502, which only exempts emergency vehicles from tolling expense.

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Board Member Jennings advised that two weeks prior, the Amalgamated Transit Union (ATU) went on record in opposition to this legislation.

Board Member Madore stated the bills are based on the principle that there should not be taxation without representation, and does not support C-TRAN using tax payer funds to lobby for a project (CRC) that the voters do not support. C-TRAN should remain neutral on these issues.

Board Member Smith said he supports light rail and ran on that platform in his recent re-election, and will continue to adhere to the policies that the majority of the Board have approved, and per direction he receives from the City of Vancouver City Council.

Board Member Freeman stated the voters have said no to a sales tax increase to support light rail.

Board Member Leavitt stated there is nothing in the proposed State legislation that speaks to sales tax.

Executive Director/CEO Hamm stated the legislative report is to advise the C-TRAN Board of Directors that the bills listed in Exhibit I conflict with current Board policy and C-TRAN’s State Lobbyist is being directed to testify against the legislation.

DAVID MADORE MOTIONED AND CONNIE JO FREEMAN SECONDED TO REMAIN NEUTRAL ON THE BILLS CONTAINED IN EXHIBIT I (SB 5085, SB 5088, SB 5090, SB 5093, AND SB 5502).

JIM IRISH MOTIONED TO CALL FOR THE QUESTION - THE MOTION DIED FOR LACK OF A SECOND.

Board Member Madore stated the adopted Board policy regarding CRC is in conflict with the November 2012 election results.

Board Member Smith stated he is uncomfortable with this vote given two Clark County Commissioners are absent.

THE MOTION TO REMAIN NEUTRAL ON BILLS CONTAINED IN EXHIBIT I FAILED WITH BART HANSEN, JIM IRISH, TIM LEAVITT, AND LARRY SMITH VOTING NAY, AND BILL GANLEY, CONNIE JO FREEMAN, AND DAVID MADORE VOTING AYE.

From the Board:

Board Member Smith reported on his recent trip to Washington DC.

Board Member Irish advised La Center schools and La Center Police Department are sponsoring a bicycle rodeo and have asked if C-TRAN can provide a bus and provide demonstrations on bus safety, including potential blind spots.

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DAVID MADORE MOTIONED, CONNIE JO FREEMAN SECONDED, AND MOTION CARRIED TO PLACE A DISCUSSION OF C-TRAN BOARD MEETING LOCATION TO ALLOW TELEVISION COVERAGE, ON THE MARCH 19, 2013 AGENDA.

From the Executive Director/CEO: 1. Vanpool Program Update 2. 2012 Workplan, 4th Quarter Update 3. 2012 Executive Director/CEO Goals & Objectives 4th Quarter Update 4. DRAFT 2013 Executive Director/CEO Goals & Objectives

ADJOURNMENT JIM IRISH MOTIONED, CONNIE JO FREEMAN SECONDED, AND MOTION CARRIED TO ADJOURN THE MEETING.

Hearing no further business, the meeting was adjourned at 10:18 p.m.

Prepared By: Debbie Jermann

C-TRAN Board of Directors February 12, 2013 Minutes Page 15 of 15

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