TriMet Board Meeting Minutes for October 24, 2012

Minutes
Meeting:
TriMet
Board of Directors
Regular Board Meeting
Date:
Time:
October 24, 2012
10:00 a.m.
Presiding: Bruce Warner Location: Gresham City Hall
1333 NW Eastman Pkwy.
Oregon and Springwater
Trail Rooms
Gresham, Oregon
Board
Members
Present:
T. Allen Bethel
Steve Clark
Craig Prosser
Travis Stovall
Tiffany Sweitzer
Bruce Warner
Board
Members
Absent:
Consuelo Saragoza
1. Welcome and Introductions
• President Warner welcomed everyone to the TriMet Board meeting and
stated that in an effort to ensure we stay connected to the communities we
serve, TriMet’s Board of Directors will rotate monthly business meetings
around the tri-county metropolitan area to engage our communities more.
• Board members Prosser, Sweitzer, Clark and Bethel introduced themselves
and the district they represent.
• Board Member Stovall, representing East Multnomah County, welcomed
everyone and thanked TriMet for engaging the communities that they serve.
Board member Stovall stated that later on we will have a presentation on
improvements that are being made in East Multnomah County to stations
and platforms and the system as a whole and encouraged everyone to stay
and to also to attend Board meetings around the region to stay engaged and
informed.
• Multnomah County Commissioner Diane McKeel thanked TriMet for their
commitment to improve transit in East County. Commissioner McKeel stated
the importance of partnering together as we prepare for the future to provide
transportation options for our diverse community and work through
transportation challenges.

TriMet Board of Directors Meeting
October 24, 2012
• President Warner acknowledged Board member Consuelo Saragoza,
representing Southeast Portland, who was unable to be here today.
• Metro Councilor Shirley Craddick, resident of East Multnomah County, MAX
rider, and Metro Councilor stated that Metro embraces transit and TriMet as
a partner -- transit is critical and an integral part of making a great
community and region.
Councilor Craddick stated that our regional challenges are: 1) Improving
perception of safety to encourage ridership, 2) helping people understand
that transit is a benefit and asset to their community, and the importance of
creating great development along the rail line with strict design standards, 3)
creating accessible transportation for all, including bus rapid transit system
and improving capacity, and 4) making transit a regional goal, understanding
that our transit system is key to the economy. Councilor Craddick stated
that Metro looks forward to working with TriMet and their regional partners
on these challenges.
• Gresham Government Relations Manager Ron Papsdorf, spoke on behalf of
Mayor Shane Bemis who was unable to attend today, and expressed
appreciation and thanks for TriMet’s partnerships both past, present and
future in providing important TriMet services to the community. Mr.
Papsdorf stated the importance of transit in the development and
redevelopment in Rockwood, Civic neighborhood and downtown. The
Mayor and the community is grateful for TriMet’s commitment to public
safety issues on transit and the dedicated East precinct -- this has made a
huge difference in making people feeling safe and secure and Gresham is
committed to that partnership.
Mr. Papsdorf stated that one other issue the Mayor wanted to express is the
continuing challenges we face at the Gresham Central Transit Center and
the importance of TriMet’s continued help in addressing these issues to
ensure the success of the community and the system.
• Gresham Councilor Lori Stegmann thanked the Board for the opportunity to
meet with them and for their commitment to serve on the Board. Councilor
Stegmann stated that in today’s climate it is important that we work together
and shared appreciation for what an amazing transit system we have from
someone who was visiting out of town. Councilor Stegmann expressed
appreciation for the Rockwood artwork and the joy it brings to her and the
community.
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TriMet Board of Directors Meeting
October 24, 2012
Travis Stovall introduced Kathy Clevenger, President of East Metro Economic Alliance,
and Dr. Michael Hay, President of Mt. Hood Community College, and thanked them for
being in attendance this morning.
2. General Manager and Board Reports
A. Neil McFarlane reported on:
• LIFT Weight Restrictions – TriMet re-evaluated its weight restrictions
for LIFT paratransit customers after a rider raised concerns over travel
conditions placed on him because of the weight restrictions and his
mobility device. Based on discussions with the U.S. Department of
Transportation and a review of TriMet’s equipment specifications, it has
been determined that LIFT will accommodate mobility devices with a
combined weight of up to 800 lbs. This change will affect 92 customers
whose combined weights exceeded the initial 600 lb. limitation – all
customers were notified of the change by letter.
• New Buses Update – As of last Friday, 15 new buses are in service and
we continue to add at a rate of 3-5 per week. Four Hybrid buses will be
delivered very soon. A total of 55 new buses were ordered this year and
68 buses will be ordered next year in an effort to renew our bus fleet.
The pace of that renewal in future years will be an issue in our FY 2014
budget.
• Type 3 TVM Replacement – The refurbishment of our Type 3 TVM
machines is well underway – refurbished machines are referred to as
Type 6. We have installed approximately 20 of the Type 6 machines to
date and are installing additional machines at a rate of 3-4 per week. The
Type 6 machines are all performing very well and we believe that once
all 120 are in place this will make a big difference in overall TVM
reliability.
• PMLR Construction – The project is 29.5% physically complete – with
29% of the project cost incurred. The expansion of the Ruby Junction
light rail facility will enable us to store and perform maintenance on the
18 new vehicles being purchased as part of the project. The project is
also designed to be construction-ready in the future to accommodate the
19 LRVs currently planned for the Columbia River Crossing extension.
• Eastside Revitalization – A variety of investments have been made and
many more are planned for the Eastside – Alan Lehto, Director of
Planning & Policy Development, and Harry Saporta, Safety & Security
Executive, will provide a detailed report.
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TriMet Board of Directors Meeting
October 24, 2012
Alan Lehto reported on:
• Recent Improvements in East County
• Renew the Blue Plan
• Eastside Service Enhancements Plan
• Powell-Division Bus Rapid Transit
Harry Saporta talked about how the recent and planned changes
improve safety on the platforms and the system overall.
B. Finance & Audit Committee Report – Board member Prosser reported
that he met with Board President Warner, Neil McFarlane and staff on
October 10, 2012, and again with Board member Sweitzer, Neil McFarlane
and staff on October 18, 2012 to discuss current revenue and expenditure
assumptions and what steps are required to move towards achieving long
term fiscal stability. The Committee requested staff develop a financial
decisions timeline that includes the work of the Budget Taskforce, FY14
budget process, public involvement opportunities and key decision points.
Board member Sweitzer thanked staff for their work in developing what the
budget looks like for the coming year and how best to present it to fellow
Board members and the public. Board member Sweitzer stated that we will
talk with Board members and get their input prior to the public process,
which will be a series of public meetings to talk about the state of TriMet,
long-term challenges and how that impacts the budget.
C. Committee on Accessible Transportation (CAT) Report – Board member
Bethel reported that the CAT met on October 17 th , 2012 -- a report
highlighting the meeting was distributed to the Board. Board member Bethel
stated that although the weight restriction has been changed to 800 lbs., it is
essential that safety and securement of the device continues to be the
priority when transporting LIFT customers.
3. Consent Agenda
Discussion: T. Allen Bethel asked about the contract for the Benefit Consulting
Service and what service this company will be providing.
Neil McFarlane responded that although TriMet staff administers the benefit plans,
the consultant acts as a broker as we go through the annual renewal process to
extract the best deal we can in providing healthcare benefits for our employees and
retirees.
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TriMet Board of Directors Meeting
October 24, 2012
Board member Bethel asked that in the future for the scoring on the bids, that the
report includes the full criteria with the scores listed for each component showing
how the total was achieved.
Neil McFarlane responded that staff has had recent conversations about the best
way to provide this information and in the future staff will include it as an
attachment to the memo.
Action: Travis Stovall moved adoption of the consent agenda items listed below;
Tiffany Sweitzer seconded the motion. The motion was unanimously approved.
Resolution directing that all ordinances shall be read by title only
Approval of Minutes for September 26, 2012
Resolution 12-10-87 Authorizing Award of a Contract for Benefit Consulting
Services
Resolution 12-10-88 Authorizing Submission of Six (6) Grant Applications to the
Federal Transit Administration (FTA) for FY13 Federal Formula and Discretionary
Funds
4. Resolutions
Neil McFarlane introduced the following resolutions:
Resolution 12-10-89 Adopting an Unrestricted Fund Balance and
Contingency Policy
Public Testimony: Jared Franz, OPAL & Bus Riders Unite, spoke in support of
Resolution 12-10-89 and provided written testimony to the Board. Mr. Franz stated
that it was important to note that this policy allows the Board to develop and adopt
a 3-year plan to bolster the agency’s ending fun balance to a preferred level, rather
than have further service cuts and fare increases. Mr. Franz expressed concern
that while he feels this is a first good step, more is required, and OPAL looks
forward to helping.
Discussion: Board member Prosser stated the importance of this policy as an
important communication tool to the public and also direction for staff as we move
forward. Board member Prosser stated that this policy is assurance to our partners
and rating agencies that TriMet takes their financial requirements very seriously
and can be counted on to act responsibly in meeting their financial obligations.
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TriMet Board of Directors Meeting
October 24, 2012
Board member Sweitzer stated she agrees with Board member Prosser on the
importance of this policy. Board member Sweitzer stated that labor issues are
significant and will continue to be significant for the long-term -- we will continue to
share with you how that affects our budget as we move forward.
Board member Stovall expressed agreement with Board members Prosser and
Sweitzer and stated his support of being transparent in the decision-making
process and laying the foundation for the future. Board member Stovall stated that
this policy guides our decision making now and into the future as we move forward
with a budget that everybody understands. Board member Stovall stated the
importance of looking at ways to ensure we are prepared for the financial
challenges ahead.
Board member Clark stated that he is in support of the policy and shares Board
member Stovall’s concern about being prepared for the financial challenges ahead.
Board member Clark asked for clarification about the amount of the projected
monthly Unrestricted Ending Fund Balance.
Neil McFarlane explained that the Policy requires that TriMet’s fund balance never
falls below one month of operating expenditures in any one month of the year, and
2.5 X that amount for the fiscal year. Mr. McFarlane stated that TriMet also has a
line of credit in a fiscal emergency.
Board member Clark stated that he is in support of the policy with the two bulleted
items working together.
Board member Bethel stated he is support of this policy that provides transparency
and protection for TriMet and the Board. Board member Bethel stated that he is
reminded of the phrase “you do not make a permanent decision on temporary
circumstances” and expressed the importance of continuing to make decisions
based on the best information available.
Action: Tiffany Sweitzer moved approval of Resolution 12-10-89; T. Allen Bethel
seconded the motion. The Board unanimously approved the motion.
Resolution 12-10-90 Board of Directors Acting in its Capacity as the TriMet
Contract Review Board, Exempting from Competitive Bidding Requirements
a Contract for Design/Build
Action: Steve Clark moved approval of Resolution 12-10-90; Craig Prosser
seconded the motion. The Board unanimously approved the motion.
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TriMet Board of Directors Meeting
October 24, 2012
Resolution 12-10-91 Authorizing a Modification to the Intergovernmental
Agreement with the City of Portland for Design and Construction Services for
the Portland-Milwaukie Light Rail Project
Discussion: Board member Stovall asked for the dollar value of the increase
associated with this modification.
Rob Barnard responded $1.9 million.
Board member Stovall asked if there was sufficient contingency to cover the
additional cost.
Rob Barnard responded yes.
Action: Craig Prosser moved approval of Resolution 12-10-91; Travis Stovall
seconded the motion. The Board unanimously approved the motion.
Resolution 12-10-92 Authorizing a Contract with Shiels Obletz Johnsen, Inc.
for Field Office Engineering Services for the Portland-Milwaukie Light Rail
Project
Action: Steve Clark moved approval of Resolution 12-10-92; Tiffany Sweitzer
seconded the motion. The Board unanimously approved the motion.
Resolution 12-10-93 Authorizing Modifications and Change Order Allowance
to the Contract with Stacy and Witbeck, Inc. for Construction
Manager/General Contractor Services for the East Segment of the Portland-
Milwaukie Light Rail Project
Discussion: Board member Sweitzer stated she agrees that Stacy and Witbeck is
an excellent contractor. Board member Sweitzer asked if there is an incentive to
the contractor not to use the entire change order.
Leah Robbins responded that this contract includes a risk table that caps the risk
for identified items. An example being escalation. Any escalation in material pricing
over the risk table value is the Contractor’s risk and would result in no additional
cost to TriMet.
Neil McFarlane stated that change orders need a high justification based on the
negotiated risk table.
Board member Stovall clarified that from this point on, it is his understanding that
we will see significantly less change orders as we move forward.
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TriMet Board of Directors Meeting
October 24, 2012
Neil McFarlane responded, yes, we are confident that these are very firm numbers
at this point in time. Mr. McFarlane stated that we generally underuse the change
order allowance, and that would be our goal here as well.
Board member Stovall stated that when we work with a firm like Stacy and Witbeck
that is familiar with the area and the ground conditions, we increase our confidence
that we can come in where our contract should be.
Board member Warner stated this is a major contract and we have a lot of faith in
Stacy and Witbeck to deliver and stay within the budget. Board member Warner
stated that Stacy and Witbeck has been a leader in the utilization of women and
minorities in the work force and we look forward to reports that reflect that on this
particular project.
Board member Stovall asked that in regard to options, what would it look like at this
point of the game to have to go out for bid.
Neil McFarlane responded that there would be substantial delay and expense to
the overall project.
Action: Travis Stovall moved approval of Resolution 12-10-93; Steve Clark
seconded the motion. The Board unanimously approved the motion.
Resolution 12-10-94 Authorizing a Modification to the Contract with David
Evans and Associates, Inc. for Engineering Services for the East Segment of
the Portland-Milwaukie Light Rail Project
Discussion: Board member Clark asked for additional detail on the scope changes
and if we could have anticipated these changes in the initial contract.
Leah Robbins responded that the initial DEA DSDC modification provided for the
services consistent with the previous CMGC construction activity (advanced
utilities, structures, track) and now include the remaining civil construction
activities. In addition, the DEA contract has added scope to design the betterments
as defined in the previous CMGC contract action.
Board member Stovall asked that the Board receive an update on the overall
PMLR project budget.
Neil McFarlane responded that staff will provide an update to the Board on the
PMLR project at their November 14 th briefing.
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TriMet Board of Directors Meeting
October 24, 2012
Action: Travis Stovall moved approval of Resolution 12-10-94; Craig Prosser
seconded the motion. The Board unanimously approved the motion.
Resolution 12-10-95 Authorizing a Modification to the Contract with
Archaeological Investigations Northwest, Inc. for Archaeological Testing and
Monitoring Services
Discussion: Board member Prosser asked as we are identifying new testing sites,
do we face the possibility that a researcher in the future will request to do an
expanded dig and if so, how would we handle that.
Neil McFarlane responded we do a complete review to minimize that happening
and to date the types of archaeological finds we are coming across, such as bottle
depots, are more interesting to historians than researchers.
Action: Craig Prosser moved approval of Resolution 12-10-95; Travis Stovall
seconded the motion. The Board unanimously approved the motion.
Resolutions 12-10-96 Amending Resolution 11-10-78 Authorizing TriMet to
Acquire by Purchase or by the Exercise of the Power of Eminent Domain
Certain Real Property Necessary to Construction of the Portland-Milwaukie
Light Rail Transit Project
Discussion: Board member Clark asked if we originally intended for the warehouse
to remain.
Neil McFarlane responded that the original plan was that the warehouse would not
stay, but we were able to modify both sidewalk and roadway locations through
negotiations with the City of Portland and the property owner so it could stay.
Action: Tiffany Sweitzer moved approval of Resolution 12-10-96; Steve Clark
seconded the motion. The Board unanimously approved the motion.
5. Ordinances
Ordinance 325 Altering the District Boundary, and Amending TriMet Code
Chapter 3 (First Reading)
Jana Toran read Ordinance 325 by title only – no action was necessary.
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TriMet Board of Directors Meeting
October 24, 2012
Ordinance 326 Amending Chapter 14 of the TriMet Code to Revise the
Definition of “Net Earnings from Self-Employment” (First Reading)
Jana Toran read Ordinance 326 by title only – no action was necessary.
President Warner adjourned the meeting at noon.
Respectfully submitted,
___
Kelly Runnion, Recording Secretary
A copy of the full audio-recorded transcript is available for review in the Office of the
General Manager.
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