M I N U T E S VRE OPERATIONS BOARD MEETING PRTC HEADQUARTERS – PRINCE WILLIAM COUNTY, VIRGINIA MARCH 15, 2013 VIRGINIA RAILWAY EXPRESS BOARD MEMBERS PAUL SMEDBERG CHAIRMAN PAUL MILDE VICE-CHAIRMAN JONATHAN WAY TREASURER JOHN COOK SECRETARY SHARON BULOVA MAUREEN CADDIGAN WALLY COVINGTON JOHN JENKINS MATT KELLY SUHAS NADDONI KEVIN PAGE GARY SKINNER BOB THOMAS CHRIS ZIMMERMAN ALTERNATES MARC AVENI THELMA DRAKE BRAD ELLIS JAY FISETTE FRANK JONES TIM LOVAIN MICHAEL MAY JEFF McKAY MARTIN NOHE BENJAMIN PITTS SUSAN STIMPSON DOUG ALLEN CHIEF EXECUTIVE OFFICER 1500 King Street, Suite 202 Alexandria, VA 22314-2730 MEMBERS PRESENT Sharon Bulova (NVTC) Maureen Caddigan (PRTC) John Cook (NVTC) Wally Covington (PRTC) Matt Kelly (PRTC) Paul Milde (PRTC) Suhas Naddoni (PRTC) Kevin Page Gary Skinner (PRTC) Paul Smedberg (NVTC) Jonathan Way (PRTC)* Christopher Zimmerman (NVTC) JURISDICTION Fairfax County Prince William County Fairfax County Prince William County City of Fredericksburg Stafford County City of Manassas Park DRPT Spotsylvania County City of Alexandria City of Manassas Arlington County MEMBERS ABSENT John D. Jenkins (PRTC) Bob Thomas (PRTC) JURISDICTION Prince William County Stafford County ALTERNATES PRESENT Thelma Drake JURISDICTION DRPT ALTERNATES ABSENT Marc Aveni (PRTC) Brad Ellis (PRTC) Jay Fisette (NVTC) Frank C. Jones (PRTC) Tim Lovain (NVTC) Michael C. May (PRTC) Jeff McKay (NVTC) Martin E. Nohe (PRTC) Benjamin T. Pitts (PRTC) Susan Stimpson (PRTC) JURISDICTION City of Manassas City of Fredericksburg Arlington County City of Manassas Park City of Alexandria Prince William County Fairfax County Prince William County Spotsylvania County Stafford County STAFF AND GENERAL PUBLIC Doug Allen – VRE Gregg Baxter – Keolis Donna Boxer – VRE Nancy Collins – Stafford County Rich Dalton – VRE Rob Dickerson – Prince William County John Duque – VRE Patrick Durany – Prince William County Rhonda Gilchrest – NVTC staff Tracy Gordon – Prince William County Claire Gron – NVTC staff Al Harf – PRTC staff Chris Henry – VRE Christine Hoeffner – VRE Angela Horan – Prince William County Ann King – VRE Uriah Kiser – Potomac News Mike Lake – Fairfax County DOT Lezlie Lamb – VRE Bob Leibbrandt – Prince William County Steve MacIsaac – VRE counsel Betsy Massie – PRTC staff Sirel Mouchantaf – VRE Joseph Pasanello – citizen Dick Peacock – Citizen Lynn Rivers – Arlington County Mark Roeber – VRE Scott Shenk – Free Lance Star Brett Shorter – VRE * Delineates arrival following the commencement of the Board meeting. Notation of exact arrival time is included in the body of the minutes. Chairman Smedberg called the meeting to order at 9:37 A.M. Following the Pledge of Allegiance, roll call was taken. Approval of the Agenda – 3 Ms. Bulova moved, with a second by Mr. Kelly, to approve the agenda. The vote in favor was cast by Board Members Bulova, Caddigan, Cook, Covington, Kelly, Milde, Naddoni, Page, Skinner, Smedberg and Zimmerman. Approval of the Minutes of the February 15, 2013 Operations Board Meeting – 4 Ms. Caddigan moved approval of the minutes and Ms. Bulova seconded. The vote in favor was cast by Board Members Bulova, Caddigan, Cook, Covington, Milde, Naddoni and Page. Mr. Kelly, Mr. Skinner and Mr. Zimmerman abstained. [Mr. Way arrived at 9:40 A.M.] Chairman’s Comments – 6 Chairman Smedberg welcomed Matt Kelly back to the VRE Operations Board. Mr. Kelly represents the City of Fredericksburg replacing Mr. Howe. Chairman Smedberg also gave an update on the Alexandria Street Tunnel project. CSX has fully embraced the project since it is critical to relieve congestion at the choke point at the Alexandria station. DRPT has also been very supportive of this project. VRE, CSX, the City of Alexandria and DRPT will all be working together to advance this project forward. Chairman Smedberg reminded the Board that a contract was awarded to The Segal Corporation to conduct a joint compensation study for VRE and PRTC. Segal representatives will conduct employee interviews as well as attend the next two VRE Operations Board and PRTC meetings. Final recommendations should be made by June 14, 2013. He also reported that the Capital Committee has conducted two meetings and Mr. Way is leading that effort. The two previous committee meetings included discussions of financial and debt management principles and the long-range life cycle maintenance plan for rolling stock. Today’s meeting will focus on debt parameters. Chairman Smedberg stated that in response to House Bill 2313, NVTA issued a letter proposing several technical amendments for the Governor’s consideration. He urged Board Members to contact their General Assembly representatives to ask for their support of these amendments. Mr. Zimmerman explained that these technical amendments are particularly relevant to VRE dealing with the legislation’s language in which funds can only be spent in NVTA’s jurisdictions. A question arises if VRE could use NVTA funding to purchase rolling stock although technically the trains run in other 2 jurisdictions. It is the same issue if additional storage is purchased in Washington, D.C. or Spotsylvania County, which is technically outside of NVTA boundaries. Ms. Bulova noted another example would be if VRE wants to make any improvements to switches or tracks outside of NVTA boundaries. Mr. Zimmerman also stated that the “poison pill” provision in the Governor’s legislation says that if any jurisdiction misspends funds for anything other than transportation, all the funding goes away. NVTA is requesting an amendment that if a jurisdiction misspends the funds, their funding goes away and the other jurisdictions are not penalized. Mr. Zimmerman noted that overall funding for transit has increased but observed that if the federal Marketplace Equity Act does not pass, it could result in less transit funding. This could be problematic. Chief Executive Officer’s Report – 6 Mr. Allen reported that overall on-time performance (OTP) for the month of February was 97 percent (98 percent on the Manassas Line and 95 percent on the Fredericksburg Line). Ridership remains strong at over 19,000 average daily riders and there were nine days in February that ridership exceeded 20,000. Staff has been monitoring ridership trends for each day of week, which reflects that Friday’s ridership drops 20-30 percent. It will also be important to monitor the federal sequestration and how it could affect ridership. Staff is prepared to make adjustments if necessary to keep operating costs down. Mr. Allen also reported that the Amtrak step-up fare reduction from $5 to $3 went into effect. This is part of a mitigation effort for the HOT Lanes Construction project on I-95 using DRPT funding. Sales for step-up fares are 60 percent higher compared to a year ago. Mr. Allen reported that VRE has put together a list of projects for potential NVTA funding, which includes the Alexandria Street Tunnel project, more rolling stock, more parking, and longer platforms. He also reported that VRE has conducted two of its public hearings on the proposed fare increase. The hearings in Burke and Stafford were lightly attended, but there was good dialogue with riders, who seem to understand the need for an increase. The remaining public hearings will continue through the end of March. In response to a question from Mr. Skinner, Mr. Allen stated that the hearing in Fredericksburg is scheduled for 7:00 P.M. on March 27th at the Rappahannock Regional Library. The Meet-the-Management program is scheduled to begin again but will be done slightly different this year. VRE staff will focus on conducting them at the primary destination stations (Union Station on April 3rd, L’Enfant Station April 17th, and Crystal City and Alexandria in May). Mr. Allen also reviewed several key meetings he attended, including a meeting with Amtrak regarding Washington Union Terminal operations, the APTA Legislative Conference, and a meeting with VRE staff regarding system operational planning. Mr. Allen reported that Caroline County has expressed some preliminary interest in joining VRE/PRTC. In response to a question from Mr. Milde, Mr. Allen stated that there are VRE riders that currently come from Caroline County. Ms. Drake explained that 3 there is an 800+ housing development being planned in the Carmel Church area. The landowner and developer contacted DRPT about developing a train stop at this location. However, this future development is too close to Ashland and Fredericksburg to become an Amtrak stop, so DRPT suggested VRE might be a better option. VRE Riders’ and Public Comment – 7 Dick Peacock stated that he is pleased to see the Spotsylvania Station project moving forward. He asked about when the contract will be awarded and when construction will begin. Mr. Allen stated that action is being requested in a later agenda item but the short answer is that the intent is to award the contract in May with construction beginning as early as late May or early June 2013. Mr. Peacock observed that this is a very aggressive schedule. Mr. Skinner agreed but observed that the cooperation between VRE, DRPT, CSX and PRTC has been phenomenal. Joseph Pasanello of Haymarket, Virginia voiced his opposition to VRE’s fare evasion policy. He unwittingly did not validate for his return trip and was given a summons. He feels that VRE’s policy is harsh and draconian. He has no other recourse in the process but to go to court. He stated that he has worked in the transit industry for 38 years in New York and Connecticut and believes that VRE’s policy is very anti-customer. Chairman Smedberg directed staff to talk with Mr. Pasanello regarding this issue after the meeting. Consent Agenda – 8A Mr. Milde moved, with a second by Ms. Bulova, to approve the following consent agenda items: Resolution #8A-03-2013: Authorization to Issue an IFB for Construction of the Spotsylvania Station. Resolution #8B-03-2013: Authorization to Issue an IFB for Construction of the Crossroads to Hamilton Third Track Project. The Board then voted on the Consent Agenda. The vote in favor was cast by Board Members Bulova, Caddigan, Cook, Covington, Kelly, Milde, Naddoni, Page, Skinner, Smedberg, Way and Zimmerman. 4 Authorization to Issue a Task Order to STV for Engineering and Oversight Work for PTC Implementation – 9A Mr. Allen explained that the VRE Operations Board is being asked to authorize him to issue a Task Order to STV, Inc., under the MEC V contract, to provide for engineering and oversight work for Positive Train Control (PTC) in the amount not to exceed $550,645, plus a 10 percent contingency, for a total contract value of $605,710. Resolution #9A-03-2013 would accomplish this. Mr. Allen explained that VRE needs to start the next phase of PTC implementation with the procurement of the necessary on-board PTC equipment and other coordinated activities. STV will provide the necessary engineering services and oversight to perform the task order. VRE staff will return to the Operations Board with an additional task orders once the scope of work is completely defined. Mr. Milde moved, with a second by Ms. Caddigan, to approve Resolution #9A-03-2013. The vote in favor was cast by Board Members Bulova, Caddigan, Cook, Covington, Kelly, Milde, Naddoni, Page, Skinner, Smedberg, Way and Zimmerman. Authorization to Award a General Engineering Consulting Services Contracts – 9B Mr. Zimmerman stated that he will recuse himself from the discussion and action of this agenda item. While it may not prohibit his participation in the consideration of this action, he has provided occasional consulting services for a subsidiary of one of the firms listed in the resolution. [Disclosure statement attached.] Mr. Zimmerman stepped away from the table and did not participate in the discussion. Mr. Allen explained that Resolution #9B-03-2013 would authorize him to award general engineering consulting (GEC) services contracts to five firms: AECOM, STV, Gannett Flemming, Michael Baker, and Parsons Brinkerhoff. The cumulative contract terms would be limited to five years or $5,000,000. Mr. Covington moved, with a second by Ms. Bulova, to approve the resolution. Mr. Milde asked if task orders will be brought back to the Operations Board for action. Mr. Allen explained that any task order over $50,000 must come before the Operations Board for action. It is expected that almost all of the task orders for this contract will need to come before the Board. The Board then voted on the motion and it passed. The vote in favor was cast by Board Members Bulova, Caddigan, Cook, Covington, Kelly, Milde, Naddoni, Page, Skinner, Smedberg and Way. Mr. Zimmerman returned to the table after the vote. 5 Authorization to Award a Contract for Insurance Brokerage Services – 9C Mr. Allen stated that the VRE Operations Board is being asked to recommend that the Commissions authorize him to enter into a three-year contract, with two additional oneyear options, with Aon Risk Services, Inc. of Maryland for the provision of insurance brokerage services. The total contract value will not exceed $645,000 over the five-year period, including a $5,000 contingency for any requested consulting services not specifically covered under the agreement. Resolution #9C-03-2013 would accomplish this. Ms. Caddigan moved, with a second by Mr. Skinner, to approve Resolution #9C-032013. The vote in favor was cast by Board Members Bulova, Caddigan, Cook, Covington, Kelly, Milde, Naddoni, Page, Skinner, Smedberg, Way and Zimmerman. Consideration of Revised Bylaws – 10A Mr. Allen reported that the Bylaws have been updated and it is VRE’s practice that any changes to the Bylaws must be made available a month in advance of any action taken. No action is being requested at this meeting. He stated that although there will need to be further changes to the Bylaws next year to reflect the recent legislation regarding weighted voting, these minor changes are needed now. Chairman Smedberg encouraged Board Members to review the revisions and contact staff with any questions or concerns before the April 2013 meeting. Mr. Kelly observed proportional voting is becoming more and more of an issue and he suggested “25 percent” on page 2 be clarified since it is listed at “15-25%” and “25% or more.” He also suggested a minor wording change on page 4 from “he” to “chair.” Mr. Zimmerman requested a summary report on why this action is being requested and if they are simply editorial changes versus more substantial changes. Mr. MacIsaac gave a brief overview of the changes, which are primarily editorial changes. The main change is VRE’s voting process and the wording is taken directly out of the Master Agreement. He agreed to provide a list of the changes. Mr. Page suggested that the Bylaws include the Executive Committee process, including membership, as well as scheduling and advertising of meetings. Operations Board Member’s Time – 9 Mr. Naddoni stated that at a past meeting, the Operations Board discussed smoking on the VRE platforms, which is a real problem at the Manassas Park station. Mr. Dalton explained that VRE received public comments about the smoking policy and those comments were provided to the individual jurisdictions. Mr. Skinner expressed his hope that VRE can leave the smoking policy on platforms up to the jurisdictions. Mr. Milde agreed. 6 Mr. Kelly thanked Mr. Allen for coming to Fredericksburg to discuss VRE’s commitments to Fredericksburg and tour the city and parking facilities. Mr. Milde asked for a report regarding any financial commitment VRE may have made to the City of Fredericksburg. Mr. Covington asked for an analysis of parking capacity at the Broad Run Station. Mr. Allen stated that staff is looking at long-term and short-term solutions for this station. Mr. Way observed that parking at the Manassas Station is eight percent over capacity, but he cannot figure out where those eight percent are parking their cars. Mr. Naddoni observed that the VRE report lists Manassas Park at 90 percent parking capacity. However, he rides VRE on a daily basis and the lot is full after the third train. He asked staff to look into this. Mr. Skinner gave a detailed report on the progress being made on the Spotsylvania station and parking lot. All the participants, including VRE, CSX, PRTC, DRPT and Spotsylvania County, are working hard to get the station open by December 2013. Ms. Bulova announced a new express Fairfax Connector Bus service from the Lorton VRE station to Tysons using the HOT Lanes will begin next week. She encouraged Board Members to advertise this service. In response to a question from Mr. Cook, Mr. Allen stated that VRE has been looking at some options for a joint fare to encourage ridership. Board Members discussed the importance of finding ways to target riders from the Tysons area and outer jurisdictions. Ms. Bulova also announced that Ms. Kelley Coyner has been named NVTC’s new Executive Director. Mr. Way requested an updated schedule and cost estimates for the Gainesville/Haymarket extension project. The Governor’s legislative program may generate new funds which could be used for this project. He observed that funding is usually directed to well-thought out projects which are ready to begin work right away. He would like VRE to have information ready if NVTA funding is available. Mr. Allen stated that the key is to get Norfolk Southern to participate in the study. Adjournment On a motion by Ms. Caddigan and a second by Mr. Naddoni, the Board unanimously voted to adjourn. Chairman Smedberg adjourned the meeting at 10:39 A.M. Approved this 19th day of April, 2013. _____________________________ Paul Smedberg Chairman _____________________________ John Cook Secretary 7 CERTIFICATION This certification hereby acknowledges that the minutes for the March 15, 2013 Virginia Railway Express Operations Board Meeting have been recorded to the best of my ability. Rhonda Gilchrest 8