mdta 01-02 jan feb 2007

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MAR YLAN D TRANSPORTATION AUTHORITYMONDAY, JANUAR Y 22,2007

POINT BREEZE FAC ILITYEXECUTIVE CONFERENCE ROOM

OPEN SESSION9

MEMB ERS IN ATTEND ANCE: John Porcari, Chairman-DesigneeSusan Affleck Bauer, Esquire L

Louise HoblitzellJohn B.Norris, Jr., P.E.Carol D. RiegCarolyn Y. PeoplesWalter E.Woodford, Jr., P.E.- ia ielephone

STAFF INATTEND ANCE: Jay Ayd

Greg BrownDavid ChapinSandra CliffordDonna DeanGreg DenvartDeb DonohueKeith DuerlingCurt EspositoPatrick FlemingGary McLhinneyDaniel McMullenJoe NesselJeff SmithCheryl SparksSam TriandosJoe WaggonerSteve WelkosAlison Williams

OTHERS IN ATTENDA NCE Ed Harris, Esq., Counsel to the State HighwayAdministrationJamie Traudt, Davenport & Co.David Greenwood, GEC Partners

The Chairman-Designee called the meeting of the Maryland TransportationAuthority to order at 8 2 4 a.m.

At 8:25 a.m., motion was made by Ms. Hoblitzell, seconded by M r. Norris, andunanimously approved to move into Closed Session, pursuant to S ection 10-508 (a) of theState Governm ent Article of the Annotated C ode of Maryland: (3) to consider theacquisition of re al property for a public purpose and matters directly related thereto (TravelPlaza redevelopment plans)<#@.& rhnside r the investment of public funds (IntercountyConnector project funding; financial overview and forecast);:@)f~ d n s id e r the marketing

i' -

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OPEN SESSIONJANUARY 22,2007

PAGE 2of public securities (Intercounty Connector project funding; financial overview andforecast); (7) to consult with counse l to obtain legal advice (Intercounty Connector projectfunding and litigation); (8) to consult with staff, consultants, or other ind ividuals aboutpending and poten tial litigation (Intercounty Connector litigation); (10) to discuss pub licsecurity, because the Authority determined that public discussion would constitute a risk tothe public security, including: (i) the deployment of fire, police and services and staff; and(ii) the development and implementation of emergency plans (Authority Security and Policeupdate), and (14) before a contract is awarded or bids are opened, discuss a matterdirectly related to a negotiating strategy because public discussion or disclosure wouldadversely impact the ability of the Authority to participate in the competitive bidding ori' roposal process (Travel Plaza redevelopment plans; upcoming Electronic Toll Collectioncontract actions); the Chairman-Designee concurring.

IACTIONS TAKE N DURING CLOSED SESSION

I The following action was taken during the Closed Session:

I Travel Plaza Redevelopment Plans

Upon motion by Mr. Woodford and seconded by M s. Rieg, members approvedproceed ing with the negotiation of a sole source "bridge" contract with the currentoperator, to ensure continuing service to the traveling pub lic during the 2008-2009winter holiday season, the Chairman-Designee concurring.

At 9:22 .m., upon mo tion by Mr. Norris and seconded by Ms. Hoblitzell, membersunanimously moved to return to Open Session, the C hairman-Designee concurring.

RATIFICATIONOFACTION TAKEN IN CLO SED SESSION

Upon m otion by Ms. Affleck Bauer and seconded by Ms. Hoblitzell, membersunanimously ratified the above-recorded action taken in Closed Session, the Chairman-Designee concurring.

The Chairman-Designee left the m eeting at 9:21 a.m.; Senior Member Hoblitzellchaired the rem ainder of the meeting. Any further actions taken will require theconcurrence of the Chairman.

2008 IBTTA ANNUAL CONVENTION

Ms. Affleck Bauer reported that she and Ms. Rieg are on the p lanning comm ittee forthe 2008 International Bridges Tunnels and Turnpikes Association (IBTTA) AnnualConvention, to be held in Baltimore. A meeting is scheduled for February lSt.

Ms. Hoblitzell commented that is it wonderful to have M r. Porcari as Secretary-Designee for the Maryland Department of Transportation and C hairman-Designee of theAuthority; it is nice to have someone who knows the members so well.

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AUTHORITY NAME CHANGE LEGISLATIVE PROPOSAL

Jeff Sm ith noted that the legislative proposal for the Authority name change was noton the Governor's priority list for initiatives this Session of the G eneral Assembly. Ms.Affleck Bauer expressed that the members wish to m eet with whomever is the Authorityrepresentative in Annapolis.

At 9:27 a.m., upon m otion by Ms. Affleck Bauer and seconded by Ms. Rieg,mem bers unanimously voted to return to C losed Session, pursuant to Section 10-508 (a) ofthe State Government Article of the Annotated Code of Maryland: (7) to consult withcounsel to obtain legal advice (Intercounty Connector project funding and litigation); (8) toconsult with staff, consultants, or other individuals about pending and po tential litigation(Intercounty Connector litigation); (I) to discuss public security, because the Authoritydetermined that public discussion would constitute a risk to the public security, including: (i)

the deployment of fire, police and services and s taff; and (ii) the development andimplementation of emergency plans (Authority Security and Police update).

A t 9:46 a.m., upon motion by Ms. Affleck Bauer and seconded by M r. Norris,mem bers unanimous ly voted to return to Open Session.

MINUTES

Mem bers unanimously approved the Open and Closed Session minutes from theSeptember 21 , October 19, November 16 & 28, December 7 & 21, 2006 meetings bygeneral consensus, with no objection.

ENGINEERING CONTRACTS

Mr. Duerling presented the following contract for member consideration andapproval:

Con tract No. KH-986-000-002Rehabilitation of Combination Curb and GutterSidewalks, and Pa vers at Various LocationsJohn F. Kennedy Memorial Highway

This project is located in Harford and Cecil Counties, Maryland on the John F.Kennedy Memorial Highway, 1-95. The work areas are: The Maryland House Service Area,

Truck Scale Facilities North and South, and the Chesapeake House Service Area . Theproject involves rehabilitation of curbs, comb ination curb and gutter, sidewalks and paversat various locations on the facilities.

The results are as follows:

Engineer's Estimate $233,408.00Budget Allocation $540,000.00Duration of Contract 180 Calendar DaysRevised Budge t Requested for Contract $540,000.00 (PIN 7209)

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The lowest acceptable bid was received from Skyline Contracting Company, Inc.[The lowest apparent bid was received from of Davidson Excavation; however, it wasrejected because their M inority Business Enterprise (MBE) program waiver request wasrejected].

Skyline Contracting Company, Inc. has adequate experience to be expected to performthis project acceptably. Sky line Contracting Company, Inc, has submitted an MBEprogram that attains the g oal of 20%. It is anticipated that the N otice to Proceed for thiscontract will be given in March, 2007.

Upon mo tion by Ms. Peoples and seconded by M s. Rieg, members unanimouslyapproved the award of Contract No. KH-986-009-002 o Skyline Contracting Company,Inc., in the amount of $363,295.50.

FINANCIAL FORECAST FOR FISCALYEARS 2007 - 2012

This item was deferred, and referred for discussion with the Finance Committee.

BAY BRIDGE DRIVE-OVERS

Mr. Sm ith presented this proposal to the mem bers for consideration and approval.During the summer of 2005, Authority staff brought the issue of Bay Bridge drive-overs tothe attention of the Bay Bridge Recons truction Advisory G roup. This service involvesAuthority m aintenance and police personnel driving or towing customer vehicles over thebridge, upon the request of the customer, generally because of a fear of driving over the

bridge. The citizen members of this committee were surprised to learn about thesign ifican t utilization of this service and agreed with Authority staff that the rapid growth inthe utilization of drive-overs provided by Authority staff represented a diversion of staffresources from their core m ission of ensuring that optimal travel conditions for motoristscrossing the bridge.

The advisory group prepared recommendations for consideration by the Authority,which were endo rsed by the Chairman and Members at the Sep tember 2005 meeting. Therecommendations included m odifications to the drive-over program that w ould ensure theavailability of Authority personnel for the maintenance of bridge operations and providedassistance for travelers unable to drive across the bridge themselves. The adv isory grouprecommended that the Authority survey drive-over users, to explore their willingness to payfor this service, potentially provided through a third-party vendor.

This survey ran for a m onth from February 2othuntil March 20 '~006. Seventy-twoindividuals responded to the survey; 23 reported using the drive-over service between I o5 times; -1 used it between 5 to 10 times; 7 used it between 10 and 15 times. Of allsurvey respondents, 61 rated the quality of the service as excellent, and 11 rated it as verygood; there were no lower-rated responses. All survey respondents, except one, indicatedthat they would be willing to pa y for the use of the drive-over service. After reviewing theseresults, members of the advisory group recommended that the Authority explore the

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possibility of the drive-over service being made available to the general public, through athird-party vendor approved by the Authority, in exchange for some sort of reasonable fee

for service.

The Authority conducted an informational meeting, during which interested partiesand Authority staff discussed program requirements for the Bay Bridge drive-over program .Seven poten tial vendors attended the meeting and were asked to submit written proposalsoutlining how they intended to mee t the requirements specified, equipment that they woulduse to perform the service, and what cost they would associate with each service. Four ofthe seven vendors subm itted proposals. Authority staff is satisfied that each is equippedwith and ca pable of p roviding both the drive-over and bicycle transport service with little, ifany, reduction to the current level of customer service provided. There was, however, awide variation in cost for each of the services from the prospective providers based on bothdirection of travel and time of day:

Below are the results of the proposals:

Kent Island Coach and Courier Eastbound $38.00Westbound $35.00

Associated Sedan and Courier 6 AM to 10 PM $50.0010 PM to 6 AM $75.00

Bay Bridge Transport $40.00

Kent Is land Tire and Auto 7 A M t o 7 P M $30.007 P M t o 7 A M $ 4 5 . 0 0

While th e customers surveyed agreed and, often, suggested that a fee was in order,there is doubt that a charge as high as $35.00-$50.00 per drive-over will be easilyaccepted.

Therefore, sta ff is recommending the following actions:

A cost cap of $35.00 per drive-over for the service. Interested vendors will be advised of

this cap and allowed an opportunity to withdraw their names from consideration.

All vendors interested in providing the service, at the approved rate, will beplaced on a list of providers that will be offered to drive-over customers.

The program will b e evaluated throughout the year

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Bicyc le Transports

Unlike drive-overs, which have always been performed by Authority personnel, at nocharge to the customer, a single vendor, Associated Sedan and Courier, has providedbicycle transports. The total cost of the service is $25.00 per cyclist, with the customerpaying $10.00. This service is much less utilized (approx. 125 annually), rarely used byrepea t customers and is more seasonal in nature than the drive-over program. Vendorprice proposals related to bicycle transports were as follows:

Kent Island Coach and Couriers $22.00 pe r bicycle

Associated Sedan and Courier $25.00 per b icycle

Bay Bridge Transport $35.00 per b icycle

($10.00 each additional up to a totalo f 4 per transport)

Kent Island Tire and Auto $50.00 per bicycle($100 for up to 3 bicycles per transport)

For bicycle transports, Authority staff recomm ends a cost cap of $30.00 pertransport be approved and that the customer pay the full cost of the transfer.

These recomm endations were p resented to the Bay Bridge Reconstruction AdvisoryGroup a t their January 2007 meeting. The m embers of the group voted unanimously insupport of these proposals.

Mem bers reported that information concerning charging for drive-overs was alreadymentioned in the newspaper, and even reported the rate to be $35.00. Members statedthey would like a per-drive-over cost analysis, breaking down the manpower, gas,equipment, etc. Mr. Esposito noted that the annual cost in man-hours is 2 years.Mem bers expressed their feeling that this service should be out-sourced and that weshou ld no t discount or subsidize, as it becomes expected.

This item will be brought back to the members at the February 2007 meeting withthe additional information.

PRESENTATION ON AUTHORITY PO LlClES AND PROCEDURES

Mr. Brown reported on the current method for developing, approving and o rganizingAuthority polices and procedures. Currently, the Authority does not have documentedguidelines for the development, approval, and organization of policies and directives,leading to unclear organization of policies and procedures, ambiguity among staff whendiscussing policy, directives, p rocedures, and rules, and causing the development of asystem to be reactive rather than proactive.

At the May 2005 Authority retreat, Chairman and Members consented to staff's

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proposa l to form a project team charged with providing direction and gu idance to theprocess of clarifying creation and appropriate application of Authority policies and

directives.

Mr. Woodford comm ented that the team had done an excellent job of pullingtogether this information, since it is so com plex. He recom mended assigning a full-timeposition to impleme nt this effort.

A position will be deve loped in the Division of Administration that will take the lead inimplementing the guidelines. Mem bers expressed that the policies should be together inone manual with procedures for implementing policies and format for policies to follow.

LEGISLATIVE UPDATE

Mr. Smith presented a Legislative update. Senate Bill40 was introduced by SenatorPipkin that would waive tolls whenever there is a backup for more than 30 m inutes at theChesapeake Bay Bridge. Senate Bill 42 was also introduced by Senator P ipkin that wouldprohibit a northern crossing of the Chesapeake Bay with a terminus in Kent County. TheBudge t Bill and another bill have been introduced that would defer the FY 2008 transfer of$50 million from the G eneral Fund to the ICC project. Draft boards have been prepared forthe Legislative breakfast on February 8, 2007 at the Calvert House in Annapolis.

Mr. Norris asked if the Authority could develop a new logo. Staff replied that theAuthority could change the logo without officially changing the agency name.

Ms. H oblitzell observed that with the transition in the Authority's m anagem ent,mem bers would b e taking a more active role in the legislative matters. This would facilitatethe legislators associating the m embers with the Authority. Mem bers were invited to call into the weekly staff legislative update meetings.

Mr. Smith introduced Patrick Fleming, who w ill be working w ith him on legislativematters.

At 1054 a.m., upon motion by Mr. Rieg, and seconded by Ms. Affleck Bauer,members unanimously voted to approve to return to Closed Session, pursuant to Section

10-508 (a) of the State Government Article of the Annotated Code of Maryland: (1) todiscuss: (i) the appointment, emp loyment, assignment, promotion, discipline, demotion,

compensation, removal, resignation, or performance evaluation of appointees, employees,or o fficials over whom it has jurisdiction; or (ii) any other personne l matter that affects I rmore specific individuals.

ACTIONS TAKEN DURING CLOSED SESSION

The following actions were taken during the C losed Session:

Resignation of Executive Secretary Trent M. Kittleman

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Upon motion by M s. Rieg and seconded by Mr. Norris, mem bers unanimouslyaccepted the resignation of Executive Secretary Trent M. Kittleman.

Appointment of Interim Executive Secretary. .

Upon motion by Mr. Norris and seconded by Mr. Woodford, members unanimouslyappointed Dan iel F. McMullen, Ill as Interim Executive Secretary of the MarylandTransportation Au thority.

At 12:lO p.m., upon motion by Ms. Peoples and seconded by Ms. Rieg, membersunanimously moved to re turn to Open Session.

RATIFICATIONOFACTlONS TAKEN IN CLOSED SESSION

Upon mo tion by Ms. Peoples and seconded by Ms. Rieg, members unanimouslyratified the above-recorded actions taken in Closed Session.

REPORT OF COUNSEL

Ms. Donohue provided a written report for member information.

DIVISIONREPORTS

The following written reports were included in the materials for mem ber information.

Division of A dministration Off ce of Aud its

Division of Com munications E-ZPass ReportDivision of Finance Division of Information TechnologyDivision of Strategic Development Division of Organizational DevelopmentOperations Ma intenance and Police Report

REGULAR MONTH LY REPORTS

The following reports were provided for member information.

Bay B ridge Reconstruction Advisory Canton Ra ilroad Status ReportGroup Minutes Inter-County Connector Report

1-95 Express Toll Lanes P roject UpdateExpress Toll Lanes - Right of WayAcquisitions

There being no further business, the meeting of the Maryland TransportationAuthority adjourned at 12:lI .m., upon general consensus of the members, with noobjection.

The next meeting of the M aryland Transportation Authority will be held on Tuesday,February 15, 2007, in the conference room at the Point Breeze H eadquarters Building.

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OPEN SESSION

JANUARY 22 ,2007

Concurred:

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MARYLAND TRANSPORTATION AUTH ORITYTHURSDAY, FEBRUARY 15 ,20 07

POINT BREEZE FACILITY

EXECUTIVE CONFERENCE RO OM

OPEN SESSION

MEMBERS IN ATTENDANCE: Beverley Swaim Staley, Acting Chair ,N

Susan Affleck 'Bauer, Esquire f4

Louise Hoblifzell C

John B. Norris, Jr., P.E.Carol D. Rieg - via telephoneCarolyn Y. PeoplesWalter E. Woodford, Jr., P.E. - via telephone

STAFF IN ATTENDANCE:Jay AydAlice BrooksGreg BrownMarcus BrownDavid ChapinSandra CliffordDonna DeanGreg Dew artJoyce DiepoldDeb DonohueBruce GartnerCecilia Hellrung

Greg JonesGeoff KolbergDan McMullenRussell SheaDennis SimpsonGlen SmithJeff SmithCheryl SparksSam TriandosJoe WaggonerSteve WelkosAlison Williams

OTHERS IN ATTENDANCE: Peter Kessenich, Public Financial ManagementMelinda Peters, Director, Office of the Intercounty

Connector, State Highway AdministrationDana Reed, Contract Litigation U nit, Office of the

Attorney GeneralJoel Oleinik, Contract Litigation Un it, Office of the

Attorney GeneralDavid Baldwin, Director, Office of Finance &

Administration, Maryland Aviation Administration

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Ronald Freeland, Booze, Allen, Ham iltonJamie Traudt, Davenport and Co.

Joe Mason, Davenport and Co.Paul Shelton, M cKennon S helton & Henn LLPMichae l Jones, Host Marriot ServicesJason Ross, Maryland Broadband Coopera tivePatrick Mitchell, Maryland Broadband Coopera tive

The Acting Cha ir called the m eeting of the M aryland Transportation Authority toorder at 9:34 .m. Any further actions taken will require the concurrence of the Cha irman.

At 9:35 .m., motion was m ade by Ms. Hoblitzell, seconded by Ms. Affleck Bauerand unanimously approved to move into Closed Session, pursuant to Section 10-508 (a) ofthe State Government Article of the Annotated Code of Maryland: (1) to discuss: (i) theappointment, emp loyment, assignment, promotion, discipline, demotion, compensation,removal, resignation, or perform ance evaluation of appointees, employees, or officials overwhom it has jurisdiction (personnel actions); (ii) any other personnel matter that a ffects 1ormore specific individuals (organ izational chart); (3) to consider the acquisition of real

lated thereto (Intercoun ty Connectoric funds (Intercounty Connector projectsider the marketing of public securities

(Intercounty Connector project erview and forecast); (7) to consult withcounsel to obtain legal advice ( ge and tort litigation); (8) to consultwith staff, consu ltants, or other in als about pending and potential litigation

(Chesapeake Bay Bridge and tort Litigation); (10) to discuss public security, because theAuthority de termined that public discussion wou ld constitute a risk to the public security,

/)including: (i ) the deploym ent of fire, police and services and staff; and (ii) the developmentand implementation of emergency plans (Authority Security and Police update), and (14)before a contract is awarded or bids are opened, discuss a matter directly related to anego tiating strategy because public discussion or disclosure would adversely impact theability of the Authority to participate in the competitive bidding or proposa l process (TravelPlaza redevelopment plans; upcoming E lectronic Toll Co llection contract actions); theActing Chair concurring.

ACTIONS TAKEN DURINGCLOSED SESSION

I The following actions were taken during the Closed Session:

bwn a n c i a l Forecast)Upon motion by Ms. Hobli ell and seconded by Ms. Peoples, members approvedsubm itting the current for ast to the Department of Legislative Services, includingprojected toll increases to 201 1, on February 16, 2007.

Organizational Chart

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Upon motion by Mr. Norris and seconded by Ms. Hoblitzell, members unanimouslyapproved the organizational chart as presented at the February 15, 2007 Authority

mee ting, as mod ified: change titte to "Coordinator for ICC & Special Projects;" move-- the Chie f of Police and Director of Operations boxes vertically.

Perso nnel Actions

Executive Secretarv: Upon motion by Mr. Norris and seconded by Mr.Woo dford, members unanimously appointed Ronald L. Freeland to be theExecutive Secretary of the Maryland Transpo ltation Authority, a nd approvedthe Grad e at 9909 and the salary, subject to satisfactory performanceevaluations after 6 months and I ear, the Acting Chair concurring.

Police Chief: Upon motion by Ms. Hoblitzell and seconded by Ms. Peoples,members unanimously appointed Marcus 1.Brown to b e the Chief of theMaryland Transportation Authority Police, and approved the Grade at 0129and flat rate salary, subject to satisfactory pe tforma nce evaluations after 6months and 1year, the Acting Chair concurring.

Ch ief Administrative Officer: Upon motion by Ms. Hob litzell and secondedby Mr. Woodford, mem bers unanimously appointed Greg ory A. Brown to bethe Chief Administrative Officer of the Maryland Transportation Authority, andapproved the Grade at 26, and step at 15, the Acting Chair concurring.

Interim Executive Secretary: Members thanked Dan McMullen for acting

as the Interim Executive Secretary during the pe riod of transition, anddirected that he be compensated at the acting pa y rate for the position.

Litigation

Upon motion by Mr. Woodford and seconded by Ms. R ieg, members unanimouslyauthorized the Chairman-Designate to execute the settlement agreement on behalfof the State in the case o f the Estate of Thomas C. Marf in, e ta /. v. Sean Kent, et al.,the Acting Chair concurring.

. Procirrement Officer for Chesapeake Bay Bridge Contract Claim againstCianbro

Upon m otion by Ms. Hoblitzell and seconded by Ms. Peoples, membersunanimously appointed Joe Waggoner as Procurement Officer for the claimasserted against Cianbro by the Authority, related to Chesapeake Bay BridgeContract number LB 985-000-002, the Acting Chair concurring.

At 12:22 p.m ., upo nmo tion by Ms. Hoblitzell and seconded by Ms. Affleck Bauer,members unanimously moved to return to Open Session, the Acting Chair concurring.

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PAGE 4RATIFICATION OF ACTIONS TA KEN IN CLOSED SESSION

Upon motion by Mr. Woodford and seconded by Ms. H oblitzell, mem bersunanimously ratified the above-recorded actions taken in C losed Session, the Acting Chairconcurring.

MINUTES

Because of technical difficulties, consideration of the minutes of the Open andClosed Sessions of the January 22, 2007 Authority meeting was de ferred until theFebruary 15, 2007 Authority meeting.

BALTIMORE MASH INGTON INTERNATIONAL THURGOOD MA RSHALL AIRPORTCONSOLIDATED RENTA L CAR FA CILITY IMPROVEMENT STUDY

Ms. Williams and Mr. David Baldwin presented this request from the Maryland AviationAdministration (MAA) seeking approval to use approximately $30,000 of customer facilitycharge (CFC) lmprovement funds for a Consolidated Rental Car Facility (CRCF) CustomerService Building Courtyard lmprovem ent Study. Per Article IV "Pledged Revenues andFunds" of the Trust Ag reement by and between the Maryland Transportation Authority andthe Bank of New York as Trustee, amounts on deposit in the Facility lmprovem ent Fundshall be applied in accordance with requisitions of the Authority to the payment of:

(a) costs of operating the transportation system in connection with the rental carfacilities prior to the comp letion of the Project;

(b)costs of acquisition of the Comm on Shuttle Bus Fleet, costs of additions,improvements or betterments to, or design, expansion, construction, replacement,remodeling or equipping of the Facilities, includ ing (withou t limitations) anyextraordinary maintenance of or repa irs to the Facilities, and such other cos ts of theFacilities as shall be permitted under applicable law, and;

(c) any am ounts required to be refunded to any O perators as an overpayment ofContingent Rent under the Lease and Concession Contracts or other similaragreements between MAA and such Operators.

The CFC lmprovement Fund has a balance of $9.5 million as of December 31,

2006. MAA has reduced this amount for future bus replacem ents at $1.Omillion per yearand for p reviously approved CFC improvement projects costing $2.4 million, resulting in anet balance in the lmprovement Fund of approximately $3.4 million. MAA equests use ofapproximately $30,000 of these funds for the Customer Service Building Courtyardlmprovement Study. The rental car consortium has requested that additional publicparking and a designated taxi staging area be provided. In addition, Anne A rundel Countyis planning on improvem ents to New R idge Road that would m ake continued staging of theCRCF shuttle buses along the roadway difficult. Recon figuration of the courtyard maymake other opportunities available to accom modate this function.

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Upon motion by Ms. Hoblitzell and seconded by M s. Affleck Bauer, membersunanimously approved using the CFC Improvement Fund mon ies for this study, the Acting

Chair concurring.

The Acting Chair took the opportunity to recognize, introduce, and welcome RonaldL. Freeland, the new Authority Executive Secretary.

RESOLUTION 07-01 GARVEE BONDS

Ms. Donohue presented Resolution 07-01, a resolution regarding the intent of theAuthority to issue grant and revenue anticipation (GARVEE) bonds in an aggregateprincipal amount not to exceed four hundred million doilars ($400,000,000) (the "Bonds");authorizing the preparation and distribution of a preliminary official statement and finalofficial statement with respect to such bonds; declaring the o fficial intent of the Authority;and certain other matters.

Upon m otion by Mr. Woodford and seconded by Ms . Hoblitzell, mem bers voted toapprove Resolution 07-01, the Acting Chair concurring, and Mr. Norris opposed theapproval of the Resolution.

ETC GAP Contract

This item was deferred until a future Authority m eeting.

ICC CONSULTANT CONTRACTS

Melinda Peters, Director of the Office of the Intercounty Connec tor for the StateHighway Adm inistration, reported that the new amount for the planning and pre liminaryengineering services is $259,796,000. This revised amoun t includes additional funds forright-of-way acquisition overhead costs and construction management oversight services.An upward adjustment to the General Engineering Contract (GEC) of $169,600,000 wasapproved by the Board of Public Works. Other adjustments are proposed for theconsultant contracts.

Mr. Norris observed that the Cap ital Committee had not reviewed the adjustments tothe contracts because the Committee meeting for February had been cancelled, This itemwas referred for consideration by the Capital Committee at its March m eeting.

ICC CONTRACT NO. AT376A21- GEOTECHNICAL INVESTIGATIONS-CONSTRUCTION OF A DRILL RIGACCESS PATH - CONTRACT 6

Ms. Peters presented this item for member approval. In developing the plan forpreliminary engineering for Contract B for the ICC, an access road for drill rigs becamenecessary to construct. The contract would be require installation of two temporarybridges for drill rigs to access the area between Bonifant Road and Notley Road. The workwould take approximately 3 months to complete. The engineer's estimate for the work is$300,000. SHA is waiting for a price proposal from the on-call construction contractor for

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this work.

Mr. No rris requested referral of this item to the Capital Com mittee for considerationat its March meeting.

OPERATING POLICY

Mr. M cMullen presented the amended "Operating Policy of the MarylandTransportation Authority" for mem ber consideration and approval. The am ended policyincludes information regarding: expanded membership (eight mem bers instead of six),term limits, committee structure, liaisons with state transportation agencies; passage ofmotions and resolutions; organizational staff changes, and chairing of the meetings.

Upon m otion by M s. Hoblitzell and seconded by Mr. Woodford, membersunan imously approved the am ended Operating Policy as dra fted with the stipulation that itwill be con tinually revised as necessary to meet the needs of the Authority, the ActingChair concurring.

EXTRA WORK AUTHORIZATION - CONTRACT LB 378-000-006R

This item was referred to the Capital Committee for consideration at its Marchmeeting.

AGREEMENT WITH MARYLAND BROADBAN D COOPERATIVE FOR BAY BRIDGE

FIBER OPTICS

Mr. Ross and Mr. M itchell from the Maryland Broadband Cooperative (MDBC)presented this item for member approval to delegate signing authority to the ExecutiveSecretary to formalize an agreement with the terms presented.

The D ivision of Strategic Development has negotiated with the Ma ryland BroadbandCooperative to provide for installation of MDBC1s iber op tic cabling through Authorityconduits crossing bo th spans of the Bay Bridge.

In exchange for the right to occupy condu its on the Bay Bridge, the MD BC will sharethe revenue with the Authority generated by negotiating and managing lease of their fiber.The Autho rity will share in revenue derived from licensing of this fiber on an incrementally

triggered escalation of pe rcentages. This sharing structure assists MDBC by initiallyproviding a slightly higher sustaining revenue source during the start-up phase ofoperations. The Authority bene fits by receiving an increasing percentage of revenuerecogn izing the increase in the Bay Bridge's utility as fiber capacity is consumed.

The M DBC wants to use a contractor currently performing other work on the 8 ayBridge to install the fiber cables, minimizing the number of lane closures and associatedinstallation costs. This item will need Board of Public Works approval.

Mr. Woodford noted that the Authority is doing its part to b ring connectivity to the

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Eastern Shore; the State has brought it to the Bay Bridge, and away from the Bridge. Mr.Norris asked about the installation timeframe. MDBC anticipates being in Salisbury by

May. Phase II will connect to the Bay Bridge by the end of 2007. Southern Marylandnegotiations have begun with asset owners. MDBC estimates that Memoranda ofUnderstanding could be finalized by mid-summer. Mr. Greg Jones noted that there will beother opportunities for the Authority to work with MDBC for Southern M aryland and theNice Bridge.

Upon m otion by Ms. Hoblitzell and seconded by Ms. Peoples, mem bersunanimously authorized the Executive Secretary to executive a formal agreement withMaryland Broadband Cooperative, consistent with the terms presen ted, the Acting Chairconcurring.

BAY BRIDGE DRIVE-OVERS

Mr. Jeff Smith presented the item for the Bay Bridge drive-over follow-up from thelast presentation at the January 2007 Authority meeting. Staff gathered the cost analysisfor Authority staff to perform these services as requested by the members. Costs werepresented for drive-overs and tow-overs. The ave rage estimated cost was approximatedat $26.73. The recomm ended cost cap was $35.00.

Upon motion by Mr. Wood ford and seconded by Mr. Norris, mem bers unanimouslyapproved charging $25.00 for the d rive-overhow-over service, to be imp lemented effectiveimmediately, the Acting Chair concurring. ,

SOLE SOURCE CONTRACT 40732377 - UPGRADE FINANCIAL SYSTEM - SOLOMON

FINANCIAL DEPARTMENT

Mr. Derwart presented this request for approval of a sole source contract with ITACorporation to upgrade the current electronic financial system, Solomon, to the latestversion for the Authority's Finance Division.

The current system was installed in I 9 8 9 by ITA, and has reached its capacity. Itcan b e upgraded to meet the current needs of the Authority. ITA's proposal will allowinternet and report server software to remote access for Authority managers and willinterface Solomon with Maxirno.

There is no firm authorized to work on the Solomon System. The Authority's onlyalternative would be to purchase a new system, requiring the contractor to provide anentire replacement system or make upgrades to the software allowing the program to workwith the So lomon System. This would cost at least a million dollars in additionalexpenditures for consulting services. ITA Corporation has been a MDO T-certified MBE forthirteen years. The total amount for the contract is $238,050.00. This item requires Boardof P ublic Works approval, following member approval.

Uponmotion by Ms. Hoblitzell and seconded by Mr. Woodford, membersunanimously approved award of a sole source contract to ITA Corporation in the amoun t of

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$238,050.00, the Acting Chair concurring.

LEGISLATIVE UPDATE

Mr. Jeff Smith presented a Legislative Update. House Bill 1026 was discussed.This bill would require the Authority to provide for a Susquehanna River Region E-ZPass

for use at the Hatem Bridge and portions of the JFK highway within Cecil County andHarford County ; limiting use to two-axle vehicles and requiring registration in person;prohibiting use of this E-ZPass for vehicles towed or being towed; establishing a maximumfee of $10; authorizing the Authority to adopt rules and regulations for implementation, etc.Mem bers and staff d iscussed the significant fiscal impact this bill would have on theAuthority and the effect a similar bill had on the Massachusetts Turnpike.

Also discussed were Senate Bills 40 and 42, (suspension of tolls during rush hourand prohibiting a Northern Bay Crossing - the Authority is opposed to both) and H ouse Bill227 (relating to Public-Private Partnerships) to which the Au thority plans to take acomprom ise approach.

DISPOSAL OF AUTHORITY PROPERTY - TRUCK MOUNTED CRAN E

Mr. M cMullen reported that the Maryland Environmental Service (MES) hasrequested the Authority's assistance in transferring a small crane to facilitate maintenancefunctions. MES currently leases a crane at a yearly cost.

Upon m otion by Ms. Hoblitzell and seconded by Mr. Norris, members unanimously

declared a five-ton truck-mounted crane to be excess to the Authority's operational needsand recomm ends it be donated to the Maryland Environmental Services, the Acting Chairconcurring.

NICEBRIDGE IMPROVEMENT STUDY

This itemwas referred to the Capital Committee for consideration at its Marchmeeting. Because of the deferral of the item, public meetings scheduled for the end ofMarch should be postponed.

REPORT OF COUNSEL

Ms. Donohue provided a written report for mem ber information.

DIVISION REPOR TS

The following written reports were included in the materials for m ember information.

Division of Administration Office of AuditsDivision of Comm unications E-ZPass ReportDivision of Finance Division of Information TechnologyDivision of S trategic Development Division of Organizational Development

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Operations Maintenance and Police Report

REGULAR MONTH LY REPORTS

The following reports were provided for member information

Bay B ridge Reconstruction Advisory Canton Railroad Status ReportGroup Minutes Inter-County Connector Report

1-95 Express Toll Lanes Project Update Express Toll Lanes - Right of WayAcquisitions

Mr. Freeland announced that the March Authority meeting will be held on March 14,2007. The following regu lar monthly Authority meetings for 2007 w ill be held on the thirdWednesday of every month.

There being no further business, the meeting of the Maryland TransportationAuthority adjourned at I Ip.m. upon motion by Ms. Peoples and seconded by Ms.

Hoblitzell, and with the general consensus of the members with no ob jection.

The next meeting of the Maryland Transportation will be he ld onWednesday, March 14, 2007, in the con ference room at ze Headqua rtersBuilding.

ConcurredJOM. Porcari

mdta 01-02 jan feb 2007

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