M I N U T ... VRE Operations Board Meeting PRTC Headquarters – Prince William County, Virginia

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M I N U T E S
VRE Operations Board Meeting
PRTC Headquarters – Prince William County, Virginia
February 20, 2015
Virginia Railway
Express
John C. Cook
Chairman
Gary Skinner
Vice-Chairman
Paul Smedberg
Secretary
Maureen Caddigan
Treasurer
Sharon Bulova
John Jenkins
Matt Kelly
Paul Milde
Jennifer Mitchell
Suhas Naddoni
Martin Nohe
J. Walter Tejada
Bob Thomas
Jonathan Way
Alternates
Marc Aveni
Meg Bohmke
Jay Fisette
Frank Jones
Jeanine Lawson
Tim Lovain
Michael May
Jeff McKay
Kevin Page
Paul Trampe
Billy Withers
Doug Allen
Chief Executive Officer
1500 King Street, Suite 202
Alexandria, VA 22314-2730
Members Present
Sharon Bulova (NVTC)
John C. Cook (NVTC)
John D. Jenkins (PRTC)*
Matt Kelly (PRTC)
Paul Milde (PRTC)
Jennifer Mitchell*
Martin Nohe (PRTC)*
Gary Skinner (PRTC)
J. Walter Tejada (NVTC)
Bob Thomas (PRTC)
Jonathan Way (PRTC)
Jurisdiction
Fairfax County
Fairfax County
Prince William County
City of Fredericksburg
Stafford County
DRPT
Prince William County
Spotsylvania County
Arlington County
Stafford County
City of Manassas
Members Absent
Maureen Caddigan (PRTC)
Suhas Naddoni (PRTC)
Paul Smedberg (NVTC)
Jurisdiction
Prince William County
City of Manassas Park
City of Alexandria
Alternates Present
Billy Withers (PRTC)
Jurisdiction
City of Fredericksburg
Alternates Absent
Marc Aveni (PRTC)
Meg Bohmke (PRTC)
Jay Fisette (NVTC)
Frank C. Jones (PRTC)
Jeanine Lawson (PRTC)
Tim Lovain (NVTC)
Michael C. May (PRTC)
Jeff McKay (NVTC)
Kevin Page
Paul Trampe (PRTC)
Jurisdiction
City of Manassas
Stafford County
Arlington County
City of Manassas Park
Prince William County
City of Alexandria
Prince William County
Fairfax County
DRPT
Spotsylvania County
Staff and General Public
Doug Allen – VRE
Tom Hickey – VRE
Gregg Baxter – Keolis
Christine Hoeffner – VRE
Donna Boxer – VRE
Cynthia Porter-Johnson – PRTC staff
Nancy Collins – Stafford County
Bryan Jungwirth – VRE
Kelley Coyner – NVTC staff
Mike Lake – Fairfax County DOT
Rich Dalton – VRE
Lezlie Lamb – VRE
James Davenport – Prince William County Bob Leibbrandt – Prince William County
John Duque – VRE
Steve MacIsaac – VRE legal counsel
Patrick Durany - Prince William County
Alexis Rice – VRE
Rhonda Gilchrest – NVTC staff
Lynn Rivers – Arlington County
Al Harf – PRTC staff
Scott Schenk – Free Lance- Star
Chris Henry – VRE
Joe Swartz – VRE
* Delineates arrival following the commencement of the Board meeting. Notation of exact arrival
time is included in the body of the minutes.
Chairman Cook called the meeting to order at 9:30 A.M. Following the Pledge of Allegiance,
Roll Call was taken.
Approval of the Agenda – 3
Mr. Kelly moved, with a second by Mr. Milde, to approve the Agenda. The vote in favor was
cast by Board Members Bulova, Cook, Kelly, Milde, Skinner, Tejada, Thomas and Way.
Approval of the Minutes of the January 16, 2015 Operations Board Meeting – 4
Mr. Kelly moved approval of the minutes and Mr. Milde seconded. The vote in favor was
cast by Board Members Bulova, Cook, Kelly, Milde, Skinner and Way. Mr. Thomas and Mr.
Tejada abstained.
Chairman’s Comments – 5
Chairman Cook stated staff has developed two annual calendars (Major Board Actions for
2015 and Recurring Board Actions). The calendars include items typically taken up
throughout a calendar year and major action items staff expects to bring to the Operations
Board in 2015.
[Ms. Mitchell arrived at 9:34 A.M..]
Chairman Cook stated the 2015 Calendar will touch on every recommendation made by the
Management Audit. For the March meeting, Mr. Allen will introduce the Financial Plan and
the Business Plan process. Chairman Cook stated the System Plan is ambitious and our
current method of Operational financing cannot fund everything in the System plan, so
there needs to be a discussion of different ways to fund operations, or scaling back, or some
sort of incremental implementation of the system plan. The end-of-the-year goal is to have
a Plan with a funding plan attached to it that the jurisdictions have endorsed. The Strategic
Business Plan will outline actions to be taken in the next three to five years to implement
the short-term goals and prepare VRE to carry-out the mid- and long-term goals in the
System Plan. The Financial Plan will be based on a dynamic comparison of available
funding sources and the operating and capital needs associated with the baseline (current
level of service) and two alternatives for the implementation of the System Plan. The
Financial Plan will quantify the need for new funding streams and will review alternatives.
The Chairman and CEO will be available to talk to jurisdictional Boards or staff to help flesh
out idea.
[Mr. Jenkins arrived at 9:38 A.M.]
Chairman Cook stated that in March the Operations Board will also have a discussion of
Procurement Authorization and Approval Threshold. He encouraged Board Members to
read this section of the Management Audit prior to the meeting. In May, the Board will
receive an updated Board orientation, which will include a Board Members’ Handbook.
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Chairman Cook stated he and Mr. Allen will present the Management Audit to NVTC and
PRTC at their March 5th meetings. The Management Audit addresses the role of oversight
by the Commissions.
Chairman Cook also announced that VRE has conducted two of the seven public hearings
for the proposed fare increase. Hearings were held this week at Stafford and L’Enfant. The
remaining public meets will be at Burke Centre (February 24), Crystal City (February 25),
City of Manassas (February 26), PRTC (March 3), and the City of Fredericksburg (March 5).
Chief Executive Officer’s Comments –6
Mr. Allen reported On-time performance for January was in the mid-90 percent and
ridership remained solid at 18,500 average daily riders. He stated that today was a
challenge with the equipment because of the extreme cold temperatures.
Mr. Allen introduced Alexis Rice, VRE’s new Marketing and Strategic Communications
Administrator, who is replacing Ann King who retired a few months ago.
Mr. Allen also reported VRE’s Mobile Ticketing project is progressing well with alpha
testing underway with VRE staff. Live beta testing will begin in April with approximately
100 passengers followed by full roll-out implementation in mid-May.
Mr. Allen provided more details about the two public hearings that have been held
concerning the proposed fare increase. He reported there were no comments made at the
Stafford hearing but six passengers spoke at the L’Enfant hearing. Generally the comments
were supportive and the passengers seem to understand the need for the fare increase.
They did have questions about others issues, including mobile ticketing,
VRE Riders’ and Public Comment – 7
There were no comments.
Authorization to Execute an Amendment to the Rail Enhancement Fund (REF) Agreement
for the VRE Gainesville-Haymarket Extension Phase II – Environmental Assessment and
Preliminary Design – 8A
Mr. Allen stated Resolution #8A-02-2015 would recommend the Commissions authorize
him to execute a Second Amendment to the Rail Enhancement Fund (REF) Agreement
Number 76509-02 for the Gainesville-Haymarket Extension Phase II – Environmental
Assessment and Preliminary Design. Authorization is also being sought for the VRE CEO to
execute any future amendments to the scope or schedule on behalf of the Commissions.
This amendment modifies the Scope of Work and the Milestone Schedule for the
environmental and engineering services that will be completed using the grant. The total
project budget of $4,285,714, covered by the agreement, remains the same.
Mr. Allen thanked DRPT Director Mitchell and her staff for their assistance in helping
resurrect this grant. Mr. Allen also thanked Mr. Nohe in his role as NVTA Chairman for
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helping to secure $1.5 million in NVTA funding to be used as an alternate source of the local
match. The amendment extends the grant expiration date to December 31, 2020.
In response to a question from Mr. Nohe, Mr. Allen stated procurement is currently
underway to select consulting services to assist VRE in this work. Consultant proposals
were due February 18, 2015 and it is possible that Operations Board action to award the
contract will occur at the March meeting. The study is estimated to take about 12-18
months and then the project would enter the design phase (2-3 years) followed by 3-4
years for construction. In response to a question from Mr. Milde, Mr. Allen stated that as
the study progresses, VRE will work with Norfolk Southern to address issues that may
arise. VRE will also work with Prince William County staff and the Haymarket Town
Council.
In response to a question from Mr. Way, Mr. Allen stated the concerns identified in the
feasibility study, especially for the Haymarket portion of the extension, will be included in
this work.
Mr. Skinner moved, with a second by Mr. Milde, to approve the resolution. The vote in
favor was cast by Board Members Bulova, Cook, Jenkins, Kelly, Milde, Mitchell, Nohe,
Skinner, Tejada, Thomas and Way.
Award of a Supplemental Task Order for Electrical Service Installation – 8B
Mr. Allen reported the VRE Operations Board is being asked to authorize him to award
Supplemental Task Order 27A for Electrical Services Upgrade at Broad Run to NV
Enterprises (NVE) Task Order 27 under the facilities maintenance contract. This
supplemental task order would be for an additional amount of $118,000 plus a $12,150
contingency, for a total of $130,150 for the combined total amount not to exceed $255,150
for Task Order 27 and Task Order 27A.
Mr. Allen stated electric power is currently supplied from an electric service adjacent to the
Service and Inspection building by means of an electrical duct bank underneath the yard’s
storage tracks. NVE conducted an investigation and found significant damage to this duct
bank. Since it is directly below active tracks, a conventional open cut repair is not feasible.
In June 2014 the Operations Board authorized the award of Task Order 27 to NVE and a
sole source contract to Dominion Virginia Power to reroute the electrical services. Since
that time, Dominion Virginia Power has determined NVE can perform the work and a
contract with them is not needed.
Mr. Jenkins moved, with a second by Ms. Bulova, to approve the resolution. The vote in
favor was cast by Board Members Bulova, Cook, Jenkins, Kelly, Milde, Mitchell, Nohe,
Skinner, Tejada, Thomas and Way.
Acceptance of Title VI Service Standards and Policies Monitoring Results – 8C
Mr. Allen stated the VRE Operations Board is asked to accept the results of the Title VI
Service Standards and Policies monitoring and forward them to PRTC for inclusion in
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PRTC’s Title VI submittal, which is due on March 31, 2015. Resolution #8C-02-2015 would
accomplish this.
Mr. Allen explained as prescribed in Federal Transit Administration (FTA) Circular
4702.1B, “Title VI Requirements and Guidelines for Federal Transit Administration
Recipients” FTA requires transit providers to monitor the performance of their transit
system relative to their system-wide service standards and service policies (i.e. vehicle
load, vehicle assignment, transit amenities, etc.) not less than every three years.
Ms. Bulova moved, with a second by Mr. Skinner, to approve the resolution. The vote in
favor was cast by Board Members Bulova, Cook, Jenkins, Kelly, Milde, Mitchell, Nohe,
Skinner, Tejada, Thomas and Way.
Summary of VRE Title VI Major Service Change and Fare/Service Equity Policy Public
Review and Comment – 9A
Mr. Allen reported that following adoption at the December 19th Operations Board meeting,
the CEO was tasked with providing the public an opportunity to review and comment on
the policy. The policy was posted publicly and notice was advertised in publications to
provide for public inspection for a period of more than 30 days. VRE accepted public
comments for 45 days from the date of publication. The policy was available at VRE’s
offices and on its website, as well as PRTC’s and NVTC’s websites. Only one comment was
received requesting basic clarification. With no substantive comments being received from
the public for consideration, the VRE Title VI Major Service Change and Fare/Service Equity
Policy will be considered. The policy will be incorporated into the PRTC Title VI Program.
PRTC is required to submit its approved Title VI Policy to the FTA every three years, with
the next submittal due by March 31, 2015.
VRE Public Participation Policy – 9B
Mr. Allen also reported as part of Title VI requirements, the VRE Public Participation Policy
was updated to comply with Federal Transit Administration (FTA) requirements. The
purpose of this policy is to set public involvement goals, and define when public hearings
are required. The policy identifies the outreach efforts VRE will undertake to solicit public
comment in applicable VRE decision-making processes, and specific efforts that will be
targeted towards minority and limited English proficient populations. This policy will also
be incorporated into the PRTC Title VI Program.
Legislative Update – 9C
Mr. Allen asked Mr. Jungwirth to give a brief update on relevant bills currently being
considered in the General Assembly and at the federal level. Mr. Jungwirth reported
HB1887 (Jones) Omnibus Transportation Plan provides an estimated $40 million annually
for transit capital. The Mass Transit Capital Fund will be increased by reallocating existing
transportation funds from the recent gas tax increase, which will take effect on July 1, 2016.
Unfortunately, it also reallocates $9 million from the Rail Enhancement Fund (REF) to fund
structurally deficient bridges. The bill also directs the CTB to develop a legislative proposal
to “revise the public benefit requirements” of the Rail Enhancement Fund no later than
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December 1, 2015. VRE will monitor these discussions closely and will work with DRPT
and the CTB.
Mr. Jungwirth explained that a new enactment clause came out of the Senate substitute that
would authorize DRPT to enter into long-term public-private partnerships (P3) to improve
passenger rail service. Ms. Mitchell stated because of some concerns about limits on
funding from different sources, a change was made that DRPT must leave behind
proportional excess capacity in any source of funding when entering into a P3 agreement.
She stated DRPT has no immediate plans to enter into a P3 agreement so at this time the
impact is very limited.
Ms. Mitchell also stated HB1887 has language that would require any new fixed guideway
rail project to go through HB2 prioritization regardless of how the project is funded. This
would apply to the Gainesville-Haymarket Extension project. Mr. Allen reported that VRE
has volunteered to participate in NVTA’s HB2 rating testing for the Gainesville-Haymarket
Extension project.
Mr. Jungwirth stated HB1470 (LaRock) would require the mass transit capital funds that
are part of the 70 percent of the revenues received by the Authority (NVTA) under HB2313
be contained in the regional transportation plan and go through the HB599 rating process.
Because that process has not been designed for transit projects, the patron agreed to a
delayed enactment date of July 1, 2016. This has passed both houses and awaiting
Governor’s signature.
Mr. Nohe observed HB1470 changed the rules on how funds can be considered to be
allocated for transit in the region. However, there was a great partnership with Northern
Virginia and DRPT that resulted in a version of the bill that is acceptable. The original bill
could have hindered NVTA’s ability to fund projects.
Mr. Jungwirth stated Delegate Eileen Filler-Corn and Senator Chuck Colgan both submitted
budget amendments to strike language allowing for the general fund to retain the interest
earnings generated in the Commuter Rail Trust Fund at the Department of Treasury.
Interest earnings in that Fund are estimated at $68,343 each year. The VRE contributed
over $10M in local funds to the Commuter Rail Trust Fund to pay operations related claims.
Prior to a policy change 2011, VRE received the interest earnings from the funds invested
in the pool. The Senate included the amendment in their budget that was released on
February 8th. The House did not include the amendment. VRE is working with legislators
to keep it in the final version of the budget.
Mr. Jungwirth also gave a federal legislative update including a bill introduced by Rep. Sean
Patrick Maloney to help improve rail safety at grade crossings. H.R. 705 will reauthorize the
Rail Line Relocation & Improvement Capital Grant Program (RLR) at $100 million a year
for the next four years. VRE staff will monitor this bill, work with members of the Virginia
Congressional Delegation to support the bill, and report back on its progress. He also
reported President Obama’s budget includes $478 billion for a proposed six-year surface
transportation authorization bill--a reworked version of the four-year GROW AMERICA Act
proposed last year. Mr. Jungwirth also stated the budget proposes to rename and
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restructure the Highway Trust Fund (HTF) as the Transportation Trust Fund and to add
rail accounts that currently are not captured in the HTF.
Update on Renewal of the Amtrak Access and Storage Agreement – 9D
Mr. Allen stated VRE entered into the current agreement with Amtrak in June 2010 for a
five-year term. The agreement covers access to Washington Union Terminal, mid-day
storage of VRE equipment, dedicated staff to dispatch and service VRE equipment,
utilization of Step-Up fare program, and provisions for Amtrak to supply rescue trains in
the event of a VRE service disruption. He reported VRE staff has been meeting with Amtrak
staff on renewing the agreement and they expect to bring a new agreement for
consideration at the March Operations Board meeting. Mr. Skinner asked how this
agreement will affect VRE’s future growth. Mr. Allen stated that the biggest issue is midday storage. VRE is seeking alternate locations for storage and a new yard. Funding for a
new yard is in VRE’s six-year CIP.
Board Members Time – 10
Ms. Mitchell reported statewide HB2 stakeholder meetings are being held throughout the
Commonwealth. The Northern Virginia Transportation Authority (NVTA) is hosting the
Northern Virginia stakeholders meeting next week on February 26th at 1:00 P.M. She
encouraged Board Members to participate.
Closed Session – 11
Mr. Skinner moved, with a second by Mr. Thomas, the following motion:
Pursuant to the Virginia Freedom of Information Act (Sections 2.2-3711A (7)
of the Code of Virginia); the VRE Operations Board authorizes a Closed
Session for the purpose of discussing one matter requiring consultation with
legal counsel concerning the contract with Abernathy Construction for
Fredericksburg Crossroads improvements.
The vote in favor was cast by Board Members Bulova, Cook, Jenkins, Kelly, Milde, Mitchell,
Nohe, Skinner, Tejada, Thomas and Way.
The Board entered into Closed Session at 10:09 A.M. and returned to Open Session at 10:52
A.M. Mr. Milde left the meeting during the Closed Session and did not return.
Mr. Skinner moved, with a second by Mr. Nohe, the following certification:
The VRE Operations Board certifies that, to the best of each member’s
knowledge and with no individual member dissenting, at the just concluded
Closed Session:
1. Only public business matters lawfully exempted from open meeting
requirements under Chapter 37, Title 2.2 of the Code of Virginia were
discussed; and
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