MBTA Minutes3 14 12

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					                                           MBTA

                      BOARD MEETING OF MARCH 14, 2012




       At the call of the Chair, a meeting of the Board of Directors of the

Massachusetts Bay Transportation Authority was held at Ten Park Plaza,

Conference Rooms 1, 2 and 3, 2nd Floor, Boston, Massachusetts, on

Wednesday, March 14, 2012 at 1:00 p.m.



       There were present: Messrs. Jenkins, Alvaro and Whittle, the Misses

Levin and Loux, being all members of the Board.



       Also in attendance were: the Secretary, Mr. Davey, the Acting General

Manager, Mr. Davis, and Messrs. Kelley and Kane, Special Counsel and Miss

Rollins, General Counsel to MassDOT and MBTA and Miss Fallon, Recording

Secretary to the Board.



       The Chairman, Mr. Jenkins, presided.



       Chairman Jenkins called the 1057th Open Meeting to order.




                                      Board of Directors
John R. Jenkins, Chair • Ferdinand Alvaro, Jr. • Elizabeth Levin • Janice Loux • Andrew Whittle
       There was a total of 42 speakers that all had comments about their

concerns with the fare increase and service cuts. Some speakers gave their

ideas on how to fix the problem and others voiced their concerns if fares were

increase or if their service was cut. A full list of speakers is attached to the

minutes.

       Director Loux added that she will not support inner city bus route cuts in

any proposal put before her.

       Director Levin also requested to get clarification on the Monthly Activity

reports especially the two contracts to MBCR.



       Chairman Jenkins closed public comment period at 3 pm.



       The next item on the agenda is the approval of the February 1, 2012

minutes.



       The Chairman wanted to thank and recognize William A. Mitchell, MBTA

General Counsel for his outstanding service at the MBTA and with the Board. He

announced his retirement as of March 1, 2012.



       Then next item on the agenda is the General Managers Report given by

Acting General Manager Jonathan Davis. Mr. Davis gave his report on safety,

customer service, fiscal responsibility, innovation, employees and the public
hearing process. (Attached) Director Loux wanted to thank Mr. Davis for his hard

work especially attending all of the Fare Increase meetings.



       The next item on the agenda presented by the Secretary is the

appointment of Rachael Rollins to be the MBTA General Counsel. The Secretary

thanked William Mitchell for all of his hard and dedication and for his years of

services as General Counsel as well as Acting General Manager. With the

appointment of Ms. Rollins it works in line with reform by reducing costs by filling

the role with one person as well as working toward reform and bringing

MassDOT together. He also noted that Ms. Rollins is an outstanding attorney

with an impressive amount of work in the public sector and private. He also noted

that if approved she will be the first female General Counsel at the MBTA.

Director Alvaro wanted to commend the Secretary’s efforts in saving money for

the MBTA.

       On motion, duly made and seconded, it was



VOTED: That the Board hereby appoints Rachael Rollins to the position of
General Counsel to the Massachusetts Bay Transportation Authority; such
approval is hereby granted with the understanding that Ms. Rollins shall
contemporaneously serve as General Counsel of the Massachusetts
Department of Transportation.



       The next item on the agenda presented by Randy Clarke is the

authorization for approval of a contract with J. F. White to perform repairs needed
to establish Phase I of the MBTA Emergency Training Center in the amount not

to exceed $1,906,898.00. Mr. Davis noted what a great project this is for the

MassDOT and the MBTA in helping to train first responders.

       On motion, duly made and seconded, it was



VOTED: That the Acting General Manager and Rail & Transit Administrator,
be and hereby is, authorized to approve in the name and on behalf of the
Authority, subject to the approval of the Massachusetts Department of
Transportation (MassDOT) and in a form approved by the Acting General
Counsel, the Emergency Training Center Phase I, Change Order No. 1 with
J. F. White Contracting for the MBTA Contract No. Y44CN01 entitled “Red
Line Tunnel Leak Repairs, Boston, Cambridge, and Somerville, MA” for a
sum not to exceed $1,906,898.00, with no impact on contract duration.




       The next item on the agenda was presented by Mark Boyle. Mr. Boyle

presented the North Station Lease agreement with Delaware North. The Board

and the General Manager Mr. Boyle stated that the terms are a 75 year term with

a total lease fee of $71,700,000 with an initial payment at closing of $50,000,000.

The balance paid over 30 years at 5% interest is $21,700,000. The interest paid

over the lease term is $47,281,218. In total the payments to the MBTA will be

$118,981,218. Delaware North will take the responsibility of adding the additional

access ramp. The easements for the Green Line Tunnel and Headhouse will be

cured. There will be a purchase option after year 10, at the then current fair

market value, subject to Board approval. We will be able to collect additional
money if parking spaces are used for development. The Board thanked Mr. Boyle

for all his hard work getting this done.



       On motion, duly made and seconded, it was unanimously



VOTED

   A. That the Board of Directors finds that the following transactions are
      necessitated by the public interest.

   B. That the General Manager be, and he hereby is, authorized to
      execute a Lease and related real estate transactions in the name of
      and on behalf of the Authority, and in form approved by the General
      Counsel. The Specific transactions are:


          1. A 75 year Lease for the North Station Garage to Delaware
             North Corporation, its subsidiaries, successors and assigns,
             for consideration of $71,700,000 and other good and valuable
             consideration including assumption of an existing MBTA
             obligation to construct a second access ramp to the Garage.
             The lease includes those certain parcels of land known as the
             North Station Garage, consisting of an underground parking
             garage containing five (5) floors (the “Garage"), including all
             improvements thereon and appurtenances thereto, as well as
             the volume of land on and beneath the surface of the parcels
             generally described as “Premises to be Conveyed” on the
             sheets entitled “Premises to be Conveyed-Ground Level”
             drawings APP-T sheets 1 through 6 labeled as “Progress
             7/14/2011” prepared by Nitsch Engineering.

          2. Deeds transferring fee ownership to the parcels at the East
             and West Entrances to North Station to Delaware North
             Corporation, its subsidiaries, successors and assigns as
             shown on Tab B.

          3. Appropriate documents whereby Delaware North Corporation
             (or,if applicable, the related entity claiming the encroachment)
             grants the MBTA a permanent easement for a portion of the
             MBTA’s Green Line Tunnel and a portion of the Causeway
             Street Headhouse. In exchange, the MBTA will grant Delaware
             North fee interest to the area above the West garage entrance
             on Nashua Street, and to Accolon Way at the east entrance.

          4. Any and all other instruments deemed necessary for the Lease
             of the North Station Parking Garage (the “Garage”) for the
             reservation of rights by the MBTA to maintain existing and
             future operations at North Station including, but not limited to,
             the Orange Line beneath Accolon Way, the Green Line Tunnel
             and Headhouse, the Power Substation, vehicular and
             pedestrian access to Accolon Way, the Crew Nest, and the
             North Station Concourse.


Said Lease Agreement, Deeds, Reservations of Rights and any other
necessary instruments and documents shall contain such other terms and
conditions as determined to be necessary and/or advisable by the General
Counsel.



      The next item on the agenda is the approval of the preliminary FY2013

Budget presented by Mary Runkel, Director of the MBTA Budget. Ms. Runkel

noted that the project deficit for 2013 is $161 million and going forward could be

about $313 million by 2016. With the cost savings the budget was able to be

reduced to $159 million. Ms. Runkel broke down the debt to three areas, debt

service, Commuter Rail and the local services. The total amount for the budget to

be approved by the Board by April 15, 2012 is $1,784,598,290. Mr. Davis

thanked Ms. Runkel for her presentation and he also noted that they have been

working very closely with the Advisory Board throughout the whole process.
       On motion, duly made and seconded, it was unanimously

VOTED:

That the Board of Directors approve the Authority’s preliminary budget of
current operating expenses and debt service costs for a one year period-
July 1, 2012 through June 30, 2013 – in the amount of $1,784,598,290 as
discussed at this meeting;

That the General Manager is hereby authorized and directed to submit the
preliminary budget, in the name and on behalf of the Authority, to the
MBTA Advisory Board; and

That following the Advisory Board review, a final itemized budget will be
submitted to the MBTA Board of Directors no later than April 15, 2012 in
accordance with Section 20 of Chapter 161A of the Massachusetts General
Laws.




       The next item on the agenda is the tabled PB Americas contract for the

Authorities Bi-Level Coach Procurement Program. Director Levin recused herself

from the meeting for this item.



       On motion, duly made and seconded, with one abstention;

       VOTED: To remove PB Americas, Inc item off the table.



       Anna Barry presented this item to the board. Ms. Barry stated that these

engineering services for the bi level Coach Procurement System Program in an

amount not to exceed $4,054,270. The contract will help the procurement of new

bi-level coaches to replace aging commuter rail fleet at the MBTA. The money is

needed to help ensure that the already late delivery of the coaches will still be
able to get to help ensure that we get the coaches and in the condition

acceptable to us. Ms. Barry noted that delays and the efforts made by the

Authority to work on getting the coaches here as soon as possible. She noted

that the MBTA will go after liquidated damages due to the delays by Hyundai

Rotem. Director Loux stated that she will only support this item on one condition

of getting the leaders at Hyundai Rotem here before the Board to answer

questions by the Board. Chairman Jenkins asked what triggers liquidated

damages. Ms. Barry stated delivery date, weight of the coaches and failure to

responds to the warranty material requests. Director Whittle agrees with Director

Loux’s suggestion of getting Hyundai Rotem before the Board to get some

answers.



      On motion, duly made and seconded, with one abstention;

VOTED: That the Acting General Manager and Rail & Transit Administrator,
be and hereby is, authorized to approve in the name and on behalf of the
Authority, subject to the approval of the Massachusetts Department of
Transportation (MassDOT) and in a form approved by the Acting General
Counsel, to execute an Amendment No. 1 to original Contract No. V61PS03
entitled “Engineering Services in Support of the Procurement of New Bi-
Level Coaches”, with PB Americas Inc. for engineering services in support
of the procurement of new bi-level coaches for an estimate amount not-to-
exceed $4,054,270, for a period of time not to exceed fifty-eight (58) months
of Notice to Proceed.

      The next item on the agenda is the update on the fare increase and

service reductions public meetings. This item was presented by Charles Planck.

Mr. Planck started by discussing the three major themes coming out of the

meeting. The themes are that the MBTA should work with MassDOT on cost
efficiencies, work on minimizing service reductions, and making fare prices

equitable, flexible and fair as possible. He will continue to update the board as

the process moves forward. Director Levin stated that she cares a lot about

getting information from the complaints, ideas and suggestions from all the public

meetings. Mr. Davis stated that Mr. Planck is working on a grid from the

suggestions that have been given to the MBTA as well as the ones they have

gotten at the public meetings. Director Alvaro asked how the information was

recorded at the meetings. Mr. Planck stated that they took notes at the meetings

as well as some had transcripts from the CART reporters. Mr. Davis also thanked

Mr. Planck for all his hard work during this process.

       The next item on the agenda is the adoption of the Administration and

Finance Policy 14 presented by Gerald Kelley. The Secretary wanted to take this

time to also thank Mr. Kelley for all his hard work that he has done stepping in to

the position of General Counsel for the last ten months. Mr. Davis also wanted to

thank Mr. Kelley for filling in excellently being a valuable advisor and he

appreciates all of his help and support. Chairman Jenkins asked what exactly

does adopting ANF14 mean in the practical sense. The Authority will adopt a

policy to make it clear that the Authority supports aspiration goals on contracts in

hiring on MBTA construction projects and other contracts. Mr. Kelley added this

is currently the practice for MassDOT and other agencies. Director Alvaro asked

if we tracked our contracts. The Secretary said he would find out and let the

Board know and report back at the next meeting.
      On motion, duly made and seconded, it was unanimously

VOTED: The MBTA Board of Directors notes that the Executive Office of
Administration and Finance has rescinded Administrative Bulletin 75-14,
dated December 2, 1975, and put in place a new Administrative Bulletin 14,
dated March 18, 2009. In order to promote equal opportunity and non-
discrimination on state and state assisted construction contracts, the
Board of Directors hereby adopts the following policy consistent with the
new Executive Order for Administration and Finance Bulletin # 14, dated
March 18, 2009:

It is the policy of the MBTA to include language in all state construction
contracts and state assisted construction contracts setting forth the
participation goals of minority and women workers to be employed on each
such contract and provisions setting forth processes and procedures to
ensure compliance with those workforce participation goals, including
reporting and enforcement provisions.

The MBTA notes that the participation goals are neither floors nor ceilings,
but shall be used to measure progress in meeting the Commonwealth’s
equal opportunity, non-discrimination and affirmative action program on
state and state-assisted construction contracts. The MBTA will develop
model contract language to be included in future state construction
contracts and state assisted construction contracts in a form to be
approved by the General Counsel




      On motion, duly made and seconded, it was unanimously



VOTED: To adjourn the 1057th Open Meeting.
DOCUMENTS RELIED ON AT THE MEETING

Minutes of February 1, 2012
General Manager’s Report
Staff Summary on the appointment of Rachael Rollins as General Counsel
Staff Summary on Phase 1 of the MBTA Emergency Training Center
Staff Summary on North Station Lease
Staff Summary on PB America’s Contract
Memo on the Fare Increase and Service Reductions
Administration and Finance Policy 14 Memo
Public letters to the Board
Senior Flyers against the fare increase
MAPC Report

				
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