SECTION 305 Administrative Task Force

Minutes

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October 7, 2011
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11:00 AM EST
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Conference Call
Facilitator / Al Ware, Georgia DOT, Secretary of the S305 Committee Executive Board and Chair of the Administrative Task Force
Attendees / Al Ware, Ken Uznanski, Nancy Greene, Leo Penne, Steve Hewitt,
absentees / Pat Simmons, Chad Edison, Nico Lindenau, Whitney Phend, David Ewing, Shayne Gill, Eric Curtit, Missy Wilber

Discussions and Decisions made

Al Ware opened the meeting and, after roll call was taken, it was agreed that a quorum was not present, and no action would be taken on this call. The call would be considered a discussion of the topics on the agenda and an opportunity for those on the call to provide their input. Informal Minutes would be taken to continue to keep a record of the task force activities.
Review of Action Items – Steve Hewitt:
Steve Hewitt reviewed the running list of Task Force Action Items that remain open. Most items are addressed as part of the agenda for this call – those that were not were reviewed:
1.  Developing a “legal pool” of states lawyers involved with state passenger rail programs:
Leo Penne reported that he would go back to the states again to ensure that the list of lawyers given previously remains current. Once he gets that confirmation, he will provide it to the task force.
2.  Specification use recording form:
Steve Hewitt reported that he had not had an opportunity to touch base with Mario and/or the Technical subcommittee to see if they had approved or commented on the proposed form. This will remain as an open action item.
3.  By law change to # 5.2:
Steve reported that this by-law change was approved by the Board on September 27, 2011 and has been inserted in a revised By-Law document and provided to AASHTO for posting.
Approval of Prior Minutes – Al Ware:
The minutes were not voted on due to the lack of a quorum. They will be considered on the next call.
Status: Recruiting new members to the Task Force – Alan/Steve:
Steve reported that he had sent an email to Tim Hoefner, Michigan DOT to see if Tim would provide a staff representative for the task force and/or the Finance subcommittee. He has not gotten a response yet.
Steve also contacted Chad Edison, FRA about getting representation on the task force and on the Finance subcommittee. Chad has assigned a contractor – Nico Lindenau, to attend all NGEC calls to help provide a presence and to ensure that FRA stays informed about the activities of the various subcommittees and task force(s). Steve asked for, but has not yet received the name of a voting representative from FRA for the task force and the Finance subcommittee.
Al Ware reported that Eric Curtit, Missouri DOT, has agreed to be a member of the task force and, in his absence, he will have Missy Wilber of his staff attend as his representative.
Al has reached out to Joe Kyle Oklahoma DOT, asking him to provide a representative for the task force, but has not heard back from him as of yet.
Al is also reaching out to Pat Simmons to see if Pat can name a designated representative to attend the task force calls in Pat’s absence. He has not yet connected with Pat.
Status: Rob Edgcumbe contract – proposed SOW from DJ – preserving RR 101 – Al Ware:
Al reported that he had reached out to DJ to ask that he include RR 101 as part of Rob’s work plan as he develops the SOW and finalizes Rob’s contract. DJ agreed that he would include the RR 101 as part of the SOW.
Developing a disclaimer statement – finding templates – Nancy Greene:
There was nothing to report on this item – it will be put on the next agenda and left as an open action item. Nancy will contact David Ewing to get his input prior to the next call.
Open Records Policy review – On going item - Steve:
Steve reported that the open records policy is intact and being followed in all aspects of the NGEC activities. Al would like new task force members to be informed of Open records policy and get their input.
Developing an Administrative Task Force Work Plan for 4-1-12 thru 3-31-13 – Alan:
Alan provided a draft high level Goals and Funding Requirements document (attached) for review by task force members. The document was based on Rod Massman’s draft earlier this year and was meant to be a starting point towards building a work plan going forward.
The first aspect was to determine the possible need for consultant services, as requested by Board Chair Bill Bronte.
Steve Hewitt asked if the document included David Ewing’s suggestion of having $30-40K set aside as a placeholder for having outside assistance to review the Structure section of the SFWG report. Alan replied that the proposal did not yet include that, but, that it did make some sense to consider including it.
Ken Uznanski elaborated on the proposal, reading an email David had sent him describing his proposal.
Ken stated that he was supportive of the concept. There does need to be a level of understanding, which we do not have, “of the complexities of a corporate structure”. Outside “reviewers” may well be the way to get that expert input. Ken feels that they may be able to help to coordinate the effort with FRA and Amtrak and the states, and determine what FRA has in mind. Outside consultants/experts may be able to “assist the task force in translating what all parties are saying and find a workable medium.”
Nancy Greene reiterated a point she made on the last call, that it is difficult to write a report without direction. It’s “reality vs. ideality”
Steve reminded the task force members that there has been no comment back to Chad Edison, FRA, on his comments to the SFWG report, and this is part of what David’s proposal is looking for.
Ken read David’s email proposal. The highlights were:
Reaching out to a large pool of reviewers and have the results shared with the SFWG.
The feedback from FRA on the SFWG report seems to indicate that they want a broader net cast.
We need to pull out of FRA what it wants in regards to structure.
Raise the involvement of FRA, Amtrak and the states.
David asks in the email that $15,000 be set aside as a placeholder. (This is less than what he mentioned on the last call)
The members on the cal felt this was a reasonable first draft of a proposal and the general sense is that it would take more than the $15,000. The task force will keep this proposal as a placeholder and explore it further.
Ken Uznanski gave an overview of the current expenditures and budget of the task force to date:
Approximately $8,000 is in the pipeline for travel (Ken and Nancy’s travel only – all states travel is in the AASHTO support services budget.)
$25,000 in consulting fees for 4-1-11 through 3-31-11 remains untouched to date.
$50,000 for Financial professional services also remains untouched.
$10,000 contingency funds are untouched and the Railroad 101 funding has not been drawn upon.
Some of the items have been on hold due to Rob Edgcumbe’s contract expiring and a new one yet to be finalized. Much of his work involved the RR 101 and the SFWG activities.
It was generally agreed that more discussion needs to take place to finalize a budget and work plan. It was also agreed that Al Ware will reach out to DJ and Bill Bronte to discuss moving the SFWG efforts forward, and possibly having a meeting with FRA to get a better sense of what they are looking for.
Al will also bring the subject of Structure and Finance up at the Board meeting as part of the budget discussion for the period of 4-1-12 through 3-31-13.
Action Items Update (New and Current)
Leo Penne to provide reach out to states to update the legal contacts list and follow up with the task force.
Al Ware will continue to reach out to Joe Kyle about assigning a staff member to the task force and to Pat Simmons in regards to naming a designated rep in his absence. Steve Hewitt to try to get an FRA representative named – will work with Chad Edison.
Nancy Greene to look into a possible template for a disclaimer statement – David Ewing to check with states to get templates for comment. Nancy will report back on her findings on the next call. (carryover)
The “Reporting Requirements for NGEC PRIIA Section 305” will be held as an agenda item until the Technical subcommittee has had a chance to provide input or until it is determined that this has already occurred.
Al Ware to reach out to Bill Bronte and DJ Stadtler in regards to accelerating efforts to determine the future structure and financing of the 305 NGEC and to get a better sense of FRA’s views.
Next Meeting/Conference Call: October 21, 2011 – 11:00am EASTERN
Call in number: 866 299-7945 passcode: 1601544#
ATtachements

SECTION 305 ADMINISTRATIVE TASK FORCE

Conference Call October 7, 2011

11:00 a.m. Eastern Time

866 299 7945 pass code 1601544#

1.  Welcome/opening comments – Alan Ware

2.  Roll Call – Steve Hewitt

3.  Approval of prior minutes – Alan

4.  Review of action items—Steve

5.  Status: Recruiting new members to the Task Force – Alan/Steve

6.  Developing an Administrative Task Force Work Plan for 4-1-12 thru 3-31-13 – Alan

a.  Identifying consultant needs and a work plan – due to the Board – 10-11-11

b.  Preparing a draft work plan and budget 4-1-12 -3-31-13 due to the Board – 10-25-11

7.  Status: Rob Edgcumbe contract - proposed SOW from DJ –preserving RR 101 - Alan

8.  Developing a disclaimer statement- finding templates - Nancy Greene/David Ewing

9.  Ongoing item: Open Records Policy review – Meeting Minutes and other Records Availability, continuing issues—Steve

10.  Other issues/questions?

Next Call: October 21, 2011 – 11:00am Eastern

Call in # 866 299 7945 passcode 1601544#

V-2

High Level Goals and Funding Requirements for administrative task force:

1.  Coordinate with Executive Board and Finance Committee in developing the processes for the administrative task force to be the implementation arm on incorporation, procurement, organizational re-structuring activities and provide support for those activities as needed in getting details worked out.

2.  Conduct periodic reviews of PRIIA requirements and keep Executive Board apprised of the overall Section 305 work products adherence to PRIIA guidelines.

3.  Serve as budget overseer.

4.  Perform other duties as assigned by Executive Board or requested by the two committees.

Budget for these activities: $100,000.00 will include costs for travel, and consultant, coordination, and AASHTO support for activities other than the implementation of the procurement. Overall AASHTO support needs to be enumerated elsewhere in the budget.

V-1

High Level Goals and Funding Requirements for administrative task force:

1. Conduct periodic reviews of PRIIA requirements and keep Executive Board apprised of the two subcommittees adherence to PRIIA guidelines

2. Serve as budget overseer.

3. Serve as keeper of bylaws.

4. Perform other duties as assigned by Executive Board or requested by the two committees.

5. Coordinate with finance subcommittee on outline and presentation on “Railroading 101” course.

6. Coordinate with Executive Board on incorporation/procurement/organizational re-structuring activities and provide support for those activities as needed in getting details worked out.

Budget for these activities: $100,000.00 will include costs for travel, and consultant, coordination, and AASHTO support.