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MARYLAND TRANSPORTATION AUTHORITYAUTHORITY MEETING

WEDNESDAY, JUNE 25,2008MEMBER CONFERENCE ROOM - POINT BREEZE

OPEN SESSION

MEMBERS IN ATTENDANCE: Beverley Swaim-Staley, Acting ChairP. Jack BassoRev. Dr. William C. Calhoun, Sr.Mary B. HalseyLouise P. HoblitzellRichard C. Mike LewinIsaac H. Marks, Sr., EsquireMichael J. Whitson (via telephone)Walter E. Woodford, Jr., P.E.

STAFF IN ATTENDANCE: Ron Freeland, Executive SecretarySuhair AlkhatibMarcus BrownRandy BrownDavid ChapinSandra Clifford, EsquireJoyce DiepoldDeb Donohue, EsquireRichard JaramilloBarbara JonesRoger KettermanGeoffrey KolbergJody McCurleyKelley MelhemDaniel F. McMullen, IIIBob MichaelDennis SimpsonChris ThompsonSam TriandosPaul Truntich

Alison WilliamsJoe Zissimos

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OPEN SESS IONJUNE 25, 2008PAGE 2

OTHERS IN ATTENDANCE: Joe Facchina, Facchina ConstructionTim Gilmore, Cherry Hill ConstructionPeter Kessenich, Public Financial ManagementKurt Krauss, PB Consult, Inc.M. Eamonn McGeady, III, Cherry HillConstruction, Inc.

Fred Rappe, Special Assistant, MOOTJamie Traudt, Davenport and CompanyJackie Seneschal, KCI TechnologiesPaul Shelton, McKennon, Shelton and Henn,LLP

Acting Chair Swaim-Staley called the meeting of the MarylandTransportation Authority to order at 9:05 a.m.

At 9:06 a.m., motion was made by Mr. Basso and seconded byRev. Dr. Calhoun, with unanimous approval of the members, to move into ClosedSession pursuant to Section 10-508 (a) of the State Government Article of theAnnotated Code of Maryland to: (10) to discuss public security, because theAuthority determined that public discussion would constitute a risk to the public orto public security, including: (i) the deployment of fire and police services andstaff (security update).

ACTIONS TAKEN DURING CLOSED SESSION

No actions were taken in Closed Session.

At 9:35 a.m., upon motion by Mr. Basso and seconded by Ms. Hoblitzell,members unanimously voted to return to Open Session.

At 9:36 a.m., the meeting of the Maryland Transportation Authority wasadjourned, by general consensus, without objection, upon motion by Mr. Marksand seconded by Rev. Dr. Calhoun.

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OPEN SESSIONJUNE 25, 2008PAGE 3

Acting Chair Swaim-Staley recalled the meeting of the MarylandTransportation Authority to order at 10:50 a.m.

APPROVAL OF OPEN AND CLOSED MINUTES

Upon motion by Mr. Basso and seconded by Rev. Dr. Calhoun, the Openand Closed minutes of the May 28,2008 meeting were unanimously approved.

APPROVAL - FY 09 FINAL OPERATING BUDGET

Chris Thompson, Budget Manager, presented the FY 2009 FinalOperating Budget for member approval. The Trust Agreement requires approvalof the final budget before or on July 1,2008.

The FY 2009 Final Operating Budget amounts to $214,521.478 whichrepresents an increase of $8,003,857, a 3 percent increase over the amendedFY 2008 budget of $206,517,621. Costs incurred for police services at theMaryland Port Administration (MPA) and Baltimore Washington International(BWI) Thurgood Marshall Airport are reimbursable to the Authority from theMPA and the Maryland Aviation Administration (MAA) and amount to$24,839,175. (11.6%) in the budget.

Upon motion by Ms. HobJitzell and seconded by Mr. Woodford, membersunanimously approved the FY 2009 Final Operating Budget in the amount of$214,521,478.

A brief conversation among the members and staff was held regarding theCapital and Operating Programs.

Upon motion by Mr. Basso, seconded by Rev. Dr. Calhoun, andunanimously approved, members directed a transfer of $10 million from theGeneral Account to the M&O Reserve Account for insurance purposes, to beaccomplished before the end of the fiscal year (June 30, 2008). The purpose of

the transfer is to advance fund anticipated M&O expenditures in fiscal year 2010.It was acknowledged that this discretionary transfer is outside the normal annualbudgeted deposit amount to the M&O Reserve. The transfer was based onrecommendations from the Authority's financial advisor, Peter Kessenich, andAuthority staff.

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Upon motion by Mr. Basso and seconded by Rev. Dr. Calhoun, membersunanimously approved the transfer of $10 million from the General Account tothe M&O Account. The transfer will be made on Monday, June 30, 2008.

APPROVAL - RESOLUTION 08-07 - REGARDING THE ISSUANCE BY THEAUTHORITY OF GRANT AND REVENUE ANTICIPATION ("GARVEE")BONDS. SERIES 2008

Ms. Donohue advised members that proposed Resolution 08-07 woulddeclare the Authority's intention to issue up to $425 million in GARVEE Bonds,authorize the preparation and distribution of a preliminary and final officialstatement, and authorize the preparation of the transactional documents. In.order to facilitate the GARVEE Bond sale, the proposed Resolution wouldapprove the preparation of the transactional documents and bond structure, andwould also delegate authority to the Executive Secretary, with the assistance ofcounsel, bond counsel, financial advisors and staff, to finalize and distribute thedocuments.

This Resolution has been reviewed by and received preliminary approvalfrom the Finance Committee.

Upon motion by Ms. Hoblitzell and seconded by Mr. Lewin, membersunanimously approved Resolution 08-07 regarding the Issuance by the Authorityof Grant and Revenue Anticipation (GARVEE) Bonds, Series 2008.

APPROVAL - CONTRACT NO. 10832169 - REVIEW AND COMPILATION.INTERNAL AUDIT CONSULTATION AND INTERNAL AUDIT SERVICES

Mr. Joe Zissimos, Contract Administrator, presented this contract.Member approval is requested to advance contract award recommendations fortwo, five-year contracts without renewals, providing for Review and Compilation,Internal Audit Consultation and Internal Audit Services for the Authority's Office

of Audits, Audit Committee and the Division of Finance. This is a first-timeprocurement for these services. The Finance Committee recommendedapproval at their June 12,2008 meeting. This contract will require the approvalof the Board of Public Works.

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Upon motion by Ms. Hoblitzell and seconded by Mr. Lewin, members

unanimously awarded Contract No. 10832169 - Review and Compilation,Internal Audit Consultation and Internal Audit Services to the SC and H Groupfrom Sparks, Maryland and to Thompson, Cobb, Bazilo and Associates (TCBA)from Mitchellville, Maryland in the budgeted "not to exceed" amount of $2.5million for a term of five-years with no renewal options.

(Subsequent to the June 25,2008 Authority meeting, a procurement errorwas discovered. The Minority Business Enterprise (MBE) of Thompson,Cobb, Bazilo and Associates (TCBA) was not properly completed.Pursuant to COMAR 21.11.03.09(6) "The failure of an Offeror to completeand submit the MBE utilization affidavit and the MBE participation scheduleshall result in a determination that the proposal is not susceptible of beingselected for award. 11 The error was in the Procurement Officer's initialevaluation that did not notice the failure of the TCBA submittal to identifythe extent of each MBE's participation. Its Attachment B, MBEParticipation Schedule, did not identify the percentage of Total ContractWork to be performed by each subcontractor. The space for thisinformation was blank and subsequently, the required submission wasconsidered not complete.

TCBA was notified that its proposal was not susceptible of beingselected for award. Staff is moving to recommend award to the next offerorwho is susceptible of being selected for award. The revised awardrecommendation will be brought back to the Finance Committee at itsAugust 14, 2008 meeting and to the full Authority at its meeting on August27,2008).

APPROVAL- U. S. ENVIRONMENAL PROTECTION AGENCY SELF-AUDITAGREEMENT

Mr. Paul Truntich, Environmental Compliance Officer, requested memberapproval to execute a Self-Audit Agreement between the Authority and theUnited States Environmental Protection Agency (USEPA). By entering into thisAgreement, the Authority would be granted protection from certain enforcementpenalties while environmental compliance audits are performed at 11 Authorityfacilities. The Agreement is designed to provide incentives to regulated entitiesto come into compliance with environmental laws and regulations, and to providea mechanism for self-reporting of violations. Member Woodford commented thatthis agreement has been brought to the Authority's attention before. The Capital

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and Finance Committees recommended approval at their respective committeemeetings.

Upon motion by Ms. Hoblitzell and seconded by Rev. Dr. Calhoun,members unanimously approved delegation to the Executive Secretary toexecute the U.S. Environmental Protection Agency Self-Audit Agreementbetween the Environmental Protection Agency (EPA) and the Authority.

APPROVAL - CONTRACT NO. LB 628-000-002 - REPLACE 5KV FEEDERREPLACEMENT AT THE BAY BRIDGE

Mr. Kolberg presented this agenda item for member approval requestingan increase in the Executive Secretary's delegated authority. The CapitalCommittee reviewed and approved this request at their June 5, 2008 meeting.The proposed delegated increase is $1,147,314. or 25.24%.

Upon motion by Mr. Woodford and seconded by Rev. Dr. Calhoun,members unanimously approved increasing the Executive Secretary's delegatedauthority to 25.24% for Contract No. LB-628-000-002 - Replace 5KV FeederReplacement at the Bay Bridge.

APPROVAL - CONTRACT NO. HT 774-000-002 - WIDENING ANDSUPERSTRUCTURE REPLACEMENT OF 1-895 BRIDGES OVER HERRINGRUN

Mr. Kolberg presented this agenda item for member approval. Anincrease in the Executive Secretary's delegated authority to $1,195,094.34 or16.87% for extra work is proposed. The Capital Committee reviewed andapproved this request at their June 5, 2008 meeting.

Upon motion by Mr. Woodford and seconded by Rev. Dr. Calhoun,members unanimously approved increasing the Executive Secretary's delegatedauthority to $1,195,094.34 (16.87%) for Contract No. HT-774-000-002-Widening and Superstructure Replacement of the 1-895 Bridges Over HerringRun.

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APPROVAL - CONTRACT NO. MA 316-000-006 - CCTV CAMERAS AT JFK,FMT AND BHT

Mr. Kolberg presented this agenda item for member approval. Anincrease in the Executive Secretary's delegated authority to $1,574,280 (32.55%)is proposed for extra work. The Capital Committee reviewed and approved thisrequest at their June 5, 2008 meeting.

Upon motion by Mr. Woodford and seconded by Rev. Dr. Calhoun,members unanimously approved increasing the Executive Secretary's delegatedauthority to $1,574,280 (32.55%) for Contract No. MA 316-000-006 - CCTVCameras at the John F. Kennedy Memorial Highway, the Fort McHenry andBaltimore Harbor Tunnels. -

APPROVAL - CONTRACT NO. KH 966-000-006 - REPLACEMENT OFROSSVILLE BOULEVARD BRIDGE OVER 1 -95 - JOHN F. KENNEDYMEMORIAL HIGHWAY

Mr. Kolberg presented this agenda item for member approval. Anincrease in the Executive Secretary's delegated authority to $1,152,410.60(10.35%) is proposed for extra work. The Capital Committee reviewed andapproved this request at their June 5, 2008 meeting.

Upon motion by Mr. Woodford and seconded by Rev. Dr. Calhoun,members unanimously approved increasing the Executive Secretary's delegatedauthority to $1,152,410.60 (10.35%) for Contract No. KH-966-000-006 -Replacement of Rossville Boulevard Bridge Over 1-95- John F. KennedyMemorial Highway.

APPROVAL - CONTRACT NO. AE 2201-000-002/6 AND CONTRACT NO. AE2202-000-002/6 - NATIONAL POLLUTANT DISCHARGE ELIMINATIONSYSTEM

Mr. Kolberg presented this agenda item seeking member approval toestablish agreements with two consultant firms to provide a variety ofcomprehensive engineering support services for the National Pollutant DischargeElimination System (NPDES) Phase II storm water program and forenvironmental compliance consulting services to the Authority over a four yearperiod. The agreements total $4 million. The Capital Committee reviewed andapproved this request at their June 5, 2008.

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Upon motion by Mr. Woodford and seconded by Rev. Dr. Calhoun,members unanimously approved Contract No. AE-2201-000-002/6 to the jointventure consulting firm of GaneU Fleming, Inc/Dewberry and Davis, LLC in theamount of $2,000,000., and Contract No. AE-2202-000/002/6 to the joint ventureconsulting firm of EA Engineering, Science and Technology/Century Engineeringin the amount of $2,000.000.

APPROVAL -ICC - LOCATION OF THE GANTRIES

Mr. Kolberg provided the members with information regarding theallowance for the placement of toll gantries between US 29 to 1-95and 1-95to US1 of the Intercounty Connector (ICC). Pursuant to the final adoption of the ICCtoll policies, decisions regarding the placement or future placement of tollgantries along the ICC are needed. This will allow the Authority the capability toelectronically collect tolls between all present and future known entry and exitpoints along the ICC. The toll gantries were reviewed and approved by theCapital Committee at their June 5, 2008 meeting.

Upon motion by Mr. Woodford and seconded by Rev. Dr. Calhoun,members unanimously approved the ICC gantry locations.

APPROVAL - DRAFT FY 2009-2014 CONSOLIDATED TRANSPORTATIONPLAN (CTP)

This item was deferred to the July 26, 2008 meeting of the MarylandTransportation Authority.

APROVAL - FINANCIAL FORECAST

This item was deferred to the July 26, 2008 meeting of the MarylandTransportation Authority.

ICC CASH FLOW UPDATE

Mr. Chapin reviewed the April 30,2008 monthly update on ICC cashflows, which shows a cumulative $70 million decrease in expenditures in FY2008 and FY 2009 (when compared to the previous month's update).Expenditures are forecasted to be higher than previously estimated in FY 2010,2011 and 2012; the total cost of the project remains unchanged.

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This item was presented as information only.

IBTTA UPDATE

Mr. McMullen provided an update to the members on the 2008 AnnualMeeting of the International Bridge, Tunnel and Turnpike Association (IBTTA).The meeting is being held in Baltimore September 20 through September 24,2008. Conference materials will be mailed to participating agencies the end ofJune 2008. Members will continue to be updated as plans are finalized.

REPORT OF COUNSEL

Ms. Donohue, Principal Counsel, presented the Report of Counsel to themembers for their information.

Williamson v. Grant. et al.

The consent motion to extend the time to file dispositive motionsshould read July 18,2008.

Maryland Transportation Authority Police Lodge 34 of theFraternal Order of Police. et al. v. State of Maryland, et. alAdditional argument on the motion is scheduled for July 15, 2008.Ms. Donohue will report back to the members on the results of thehearing.

The Chairman and members thanked Authority Member Louise Hoblitzellfor her 25 years of service to the Maryland Transportation Authority. The June25,2008 meeting marked Member Hoblitzell's 300 th Authority meeting.

There being no further business, the meeting of the MarylandTransportation Authority was adjourned by general consensus, without objectionat 11:22 a.m. upon motion by Mr. Basso and seconded by Ms Hoblitzell.

The next meeting of the Maryland Transpor tion Authority will be held onWednesday July 26, 2008 at 9:00 a.m. in the ber conference room of thePoint Breeze Complex.

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