mdta minutes 11-24-09

8/2/2019 MDTA Minutes 11-24-09

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MARYLAND TRANSPOR TATION AUTHORITYMONTHLY MEETING

TUESDAY, NOVEMBER 24,200 9POINT BREEZE HEAD QUARTERS BUILDING

OPEN SESSION

MEMBERS ATTENDING:

STAFF ATTENDING:

OTHERS ATTENDING

Beverley K. Swaim-Staley, ChairHarold Bartlett, Acting ChairP. Jack Basso (via telephone)Rev. Dr. William CalhounMary HalseyLouise P. HoblitzellRichard C. Mike LewinIsaac Marks, EsquireMichael WhitsonWalter E. Woodford, P.E.

Ronald FreelandMarcus BrownRandy BrownDavid ChapinPatrick FlemingGeorge FishDoug HutchesonBarbara JonesBob MichaelDeb SharplessDennis SimpsonValerie Smith, EsquireSam TriandosPorter Wheeler

Leif Dormsjo, Chief of Staff, MDO TMary Lou Ralls, System Preservation GroupFred Rappe, Special Assistant, MDO TJacquelyn Seneschal, Consultant, KC1

Technologies

At 9:04 a.m., Chair Beverley K. Swaim Staley called the rczeting of theMaryland Transportation Authority to order.

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OPEN SESSIONNOVEMBER 24,200 9

PAGE 2

At 9:04 a.m., m otion was made by M s. Hoblitzell and seconded by Rev.Dr. Calhoun with the unanimous approval of the m embers, to move into Closed

Session to consider and discuss matters related to the acquisition of realproperty, the p roposa l of a business to locate in the Sta te, the marketing of pub licsecurities, negotiations related to a contract proposal prior to award, and toobtain advice of legal counsel under Sections 10-508(a) (3), (4), (6),(7), and(14) of the State Article, all relating to the Seagirt Marine Terminal Proposal.The meeting will also be closed under Sections 10-508(8) and (12) of the StateGovernment Article to hear the report of the Authority's Chiefof Police MarcusBrown pertaining to the investigation of an incident involving criminal conduct anda police shooting.

(At 9:10 a.m., Mr. Marks arrived at the meeting).

At 10:19 a.m., motion was made by Rev. Dr. Calhoun and seconded byMr. Marks, with the unan imous approval of the members to return to OpenSession.

ACTION TAKEN DURING CLOSED SESSION

No action was taken in Closed Session.

APPROVAL - OPENICLOSED MINUTES

Upon m otion by Rev. Dr. Calhoun and seconded by Mr. Marks, theminutes of tlie Authority's October 28, 2009 Open m eeting were unanimouslyapproved; there was no t a Closed Session at the October 28, 2009 meeting.

APPROVALS - CONTRACTS

Mem ber approval is requested on the following contracts:

Contract No. MA 549-000-006-

Extra Work Authorization No . 11-

Shoulder lnstr~~mentationMDTA Electronic Toll Svstem Replacemen tand Operation

Approval is requested to increase the Executive Secretary's delegatedauthority in the amount of $48,532,909.30. This Extra Work Authorizationmodifies the shoulder configuration on the Inter County Connector (ICC ) and 1-95Extra Toll Lanes by supplementing the trigger loops and cam eras proposed for

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PAGE 3the sh o~ llde rs ith axle counting loops. The Capital Committee recommendedapproval of the E xtra Work Authorization at their Novem ber 5, 2009 m eeting.

Upon m otion by Mr. Woodford and seconded by Rev. Dr. Calhoun,

mem bers unanimously approved delegating authority to the Executive Secretaryfor Extra Work Authorization No. 11- Shoulder Instrumentation- Contract No.MA 549-000-006- MDTA Electronic Toll System R eplacement and Operations inthe amoun t of $48,532,909.30.

Contract No . KB 201 1-000-002R2- Roof Replacement- Maintenanceand Administration Buildings- Francis Scott Key Bridge

This p roject consists of the dem olition and rem oval of the ex isting built uproof on the M aintenance and Administration Buildings and the installation of anew energy star fully adhered modified mem brane roof system. This contract

was recommended for approval by the Capital Committee at tlieir N overr~ber ,2009 meeting.

Upon m otion by Mr. Woodford and seconded by Rev. Dr. Calhoun,mem bers unanimously approved Contract No. KB 201 1-000-002R2- RoofReplacement- Maintenance and Administration Bu ildings- Francis Scott KeyBridge- n the am ount of $602,000 to Autum n Con tracting, Inc. from Alexandria,Virginia.

APPROVAL- SYSTEM PRESERVATION REVIEW TEAM REPORT

Ms. Mary Lou R alls presented the System Preservation Review TeamReport for m ember approval.

Ms. R alls reviewed with the mem bers, team scope, projects by facilities,the procedure for project reviews, the review team 's evaluation andrecommendations, and the funding summary.

The team recommended that: funding of the unfunded projects isessen tial to m inimize drastic preservation in the future; imm ediate priority is givento bridge decks based on their rating and fatigue problems in fracture

critical mem bers and section loss in structural steel mem bers; and stressed theimportance of system wide on call contracts and program s. Funding in theamount of $418 million was also recommended.

(At 10:15 a.m., Mem ber Basso exited the conference call).

Upon m otion by Ms. Hoblitzell and seconded by Ms. Halsey, mem bersunanimously approved the recom mendations of the System Preservation ReviewTeam.

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PAGE 4

Mem bers will continue to be updated.

APPROVAL- MDTA TRAVEL PLAZA EASEMENT FOR WATER LINE

Mem ber approval is requested to obtain a perpetual easement fromHollywood One, LLC and Hollywood Partner, LLC for a proposed waterline fromthe Harford County water system to the M aryland House Service area. Theeasem ent will n,ln parallel to the existing sewer line easement servicing theMaryland H ouse. This action is associated with the Travel Plaza Redevelopm entproject.

The Maryland H ouse currently receives its potable water from the C ity ofAberdeen. The City supp lies on average approximately 50,000 gallons of water

per day to the travel p laza and has advised the Autho rity that it may not beable to meet future water needs for the travel plaza. Harford County recentlyapproved an update to their Water& Sewer M aster Plan to provide water servicefor the redeveloped M aryland House. The easement on property owned byHollywood One, LLC and Hollywood Partner, LLC will provide the needed rightof-way for the travel plaza prime contractor to construct the proposed newwaterline to access the Harford County water system during the redevelopmentof the travel plaza. Negotiations will be held with the current developer. Anappraisal of the property estimated a fair market value of the easem ent at$57,450.

The Capital Comm ittee recomm ended approval of the waterline at theirNovember 5,2009 meeting.

Upon motion by Mr. Woodford and seconded by Rev. Dr. Calhoun,mem bers unanimously approved obtaining a perpetual easement from HollywoodOne, LLC and Hollywood Partner, LLC for a proposed waterline from the H arfordCounty water system to the M aryland House Service Area.

Mem ber approval is requested for the FY 201 1 Preliminary OperatingBudget. The Trust Agreement requires approval of a final budge t on or be forethe first day of July. The p reliminary budget will be presen ted to the legislature.

The FY 201 1 Preliminary Operating Budget amounts to $225,195,785,which represents an increase of $8,152,550 or 3.8 percent over the FY 2010budget of $217,043,235. The costs incurred for police services at the MarylandPort Administration, M otor Vehicle Administration and Baltimore Washington

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OPEN SESSIONNOVEMBER 24,2009

PAGE 5International Thurgood Marshall Airport are reimbursable to the Authority andamount to $24,855,373 (1 1.0 percent) of the budget.

Upon m otion by Ms. Hoblitzell and seconded by Mr. Marks, membersunanimously approved the FY 201 1 Preliminary Operating Budget in the am ountof $225,195,785.

APPR OVA L- E TL OP'TIONSMem ber approval is requested for the Expressed Toll Lane (ETL)

Alternate. Multiple project alternates have been developed and presented to theCapital Comm ittee and F inance Committee. Under the selected alternative, theETL construction will be m odified to allow opening of the facility as an express"through" toll lane facility.

Authority staff recomm ends proceeding with the Two Plus Two E TLmodified option with new MD 43 Bridges. Under this option there will not be anETL access at 1-695 or the MD 43 interchanges; two ETL lanes will be providedin the northbound and sou thbound 1-95 direc tions from 1-895 to WID 43 (new 1-95ETL bridges will cross over 1-695); MD 43 bridges will be replaced usinggeometry similar to the cu rrent MD 43 bridges (requires two signals atconnections of ramps to M D 43 and eliminates two ramps).

The cost for the Tw o P lus Two option is $215 million above allocatedfl-~nds; owever, this will result in a savings of approxima tely $385 million whichwill be used for system preservation needs.

Upon m otion by Ms. Hoblitzell and seconded by Ms. Ha lsey, menibersunanimously approved the Two Plus Two Option with N ew M D 43 Bridges.

APPROVAL - FY 2010-2015 FINAL CONSOLIDATED TRANSPO RTATIONPROGRAM (CTP)

Mem ber approval is requested for the Final 2010-2015 Conso lidatedTransportation Program (CTP). The CTP was presented to the FinanceCo mrr~ittee nd the Capital Committee (special meeting) on Novem ber 19 forconsideration and approval.

The Final FY 2010- FY 201 5 CTP has been revised to reflect completionof the Express Toll Lanes (E l-L) projects in FY 2014 and a reduced budget of$378.7 million in the years FY 2010 through FY 2015. Th e revised El-L scope ofwork includes Two Plus Two ETL lanes and total replacemen t of IWD 43 bridgesand ram p modifications at the MD 43 interchange; $345.7 rr~ illionn addedconstruction costs for high p riority preservation projects has been included.

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OPEN SESSIONNOVEMBER 24,2009

PAGE 6The Final FY 2010 to FY 201 5 reflects a net decrease of $142 r~ ii ll io ~ in

the six year C TP that includes $18 million rolled-over of unspent funds from FY2009. The FY 2009 expenditures in the Final CTP are $18.0 million less than theDraft CTP .

Upon motion by M s. Hoblitzell and seconded by Mr. Marks, membersunanimously approved the Final FY 2010 to FY 2015 C onsolidatedTransportation Program.

APPROVAL - FINANCIAL FORECAST

Mem ber approval is requested for a financial forecast related to therecommended Final FY 2010-2015 Conso lidated Transportation Program (CTP)and the preliminary FY 201 1 Operating Budget. Legislation requires theAuthority to submit financial forecasts to the legislature twice a year. If approved,the current forecast w o ~ ll d e submitted in January.

The results of the Financial Forecast are coniparable to the previousFinancial Forecast related to the D raft FY 2010- FY 2015 Capital Program. Themagnitude of future toll increases was s lightly reduced; for exam ple, the FY 2012toll increase would be reduced from a system-wide average of $1.35 pertransaction to $1.25). Adherence to financial goals and standards remainsunchanged.

The potential aniortization structure of the proposed D ecember bond saleor the potential receipt of proceeds from the Seagirt Marine proposal was nottaken into consideration in the Financial Forecast. The Financial Forecast will bemodified in December to reflect the results and structure of the proposedDecem ber bond sale and receipts from the Seagirt Marine proposal transaction.

The Financial Forecast was reviewed and recommended for approval atthe Capital and Finance Comm ittee meetings on November 19, 2009.

Upon m otion by Ms. Hoblitzell and seconded Mr. Marks, mem bersunanimously approved the Financial Forecast.

APPROVAL - LAUREL M ARC STATION TRANSIT ORIENTEDDEVELOPMENT

Mem ber approval is requested for an unsolicited proposal for undertakingthe Laurel MAR C Station Transit-Oriented Development (TOD). This proposal isbeing processed under the Authority's Public Private Partnership and is poised toselect a preferred developer and move to submission of a detailed proposal. The

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OPEN SESSlOlVNOVEMBER 24,2009

PAGE 7Finance Corr~ mitteeecomm ended approval of this proposal at their No ven-~ber19, 2009 meeting.

MD OT received an unsolicited proposal from Patriot Realty to undertake aTOD at the Laurel MARC Station in Novemb er 2008. MDO T advertised forcompetitive proposals following the Authority's T P3 process; one additionalproposal was received in August 2009. MD OT will obtain a detailed proposalfrom Patriot Realty and proceed to negotiate a final agreement. Any finalagreement would require Board of Pub lic Works approval.

The Authority's role in this project will be to m anage the TP3 Program.The proposed TOD w ould provide structured parking for M ARC com muters andresidentiallcomm ercial development in proximity to the Laurel MAR C Station.The adjacent land owned by MD OTIMT A is being used in partnership to createthese be nefits to comm uters, MTA and local development.

Upon motion by M s. Hoblitzell and seconded by Rev. Dr. Ca lhoun,mem bers u nanimously approved the unsolicited proposal for undertaking theLaurel MA RC Station Transit-Oriented Developme nt.

APPROVAL -VEHICLE REQUESTS DENIALS

Mem ber approval is requested to discontinue the practice of donatingsurplus vehicles to local mun icipalities and other requesting organizations.

The A uthority p eriodically receives requests for usa ble vehicles. New costcontainment m easures implemented for the Authority's fleet m anagem ent willreduce the size of the Authority's fleet, and will greatly diminish the future utility ofAuthority vehicles beyond replacem ent. Upon request for surplus vehicles, therequestor will be informed o f the discontinuation of donating surplus vehicles.

Upon m otion by Ms. Hoblitzell and seconded by Mr. Woodford, m embers~,~nanimouslypproved discontinuing donating surplus vehicles to requestingmunicipalities, coun ty officials, etc.

POLICE CONSOLIDATION

Chief Brown upda ted mem bers on the similarities of the Authority and theMaryland Transit Ad ministration police departments.

This item was presented as information only.

At 11:05 a.m., motion was made by Rev. Dr. Calhoun, seconded by MrMarks and unanimously approved to return to Closed Se ssion pursuant to

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PAGE 8Section 10-508 (a), (3), (4), (6), (7) and (14) of the State Government Article ofthe Annotated Code of Maryland to consult with counsel to obtain legal advice,consider the acquisition of real property, negotiations related to con tract proposalprior to award, and the m andating of public securities, again relating to theSeagirt marine Terminal Proposal.

Upon mo tion by Mr. Marks and seconded by Mr. Lewin membersu~iar~imouslypproved returning to Open Session at 11 20 a.m.

RATIFICATION OF ACTION TAKEN IN CLOSED SESSION

Upon m otion by Mr. Woodford and seconded by Rev. Dr. Calhoun,mem bers unan imously approved redraft language relating to the Seagirt MarineTerminal Proposal.

There being no further business, the m eeting of the MarylarrdTransportation Authority was adjourned by gene ral consensus a t 1 1 20 a.m.

The next meeting of the Marylarrd Transportation Authority will be held onThursday, December 17, 2009 at 9:00 a.m. at the State Highway Administration,District 3 O ffice, located at 9300 Kenilworth Drive, Greenbelt, Maryland.

Approved:

mdta minutes 11-24-09

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