10569

BOARD MEETING OF FEBRUARY 3, 2010

At the call of the Chair, a Meeting of the Board of Directors of the Massachusetts Bay Transportation Authority was held at Ten Park Plaza, Offices of the Board, Third Floor, Boston, Massachusetts, on Wednesday, February 3, 2010 at 2:20 p.m.

There were present: Messrs. Jenkins and Whittle and the Misses Loux and Levin, being a quorum of the Board of Directors of the Authority.

Also in attendance were: the Acting General Manager, Mr. Mitchell, and Messrs. Kelley, Davis, Wallace, DePaola, Boyle and Johnson.

The Chairman, Mr. Jenkins, presided.

The Recording Secretary kept the records of the Meeting and presented the Order of Business.

Chairman Jenkins called the 1032nd Open Meeting to Order.

The Chairman announced the start of the public comment period and introduced the first speaker, Mr. Mel King, a resident of Boston. He acknowledged that he has been working with several employees on civil rights issues at the MBTA. Mr. King said that in the past six months, hiring practices of skilled trades’ people has reverted back to past practices. Mr. King asked for resolutions as to the issues on discriminations, such as promotions and permanent positions.

The next speaker, Mr. Derland Myton, an ironworker for 24 years addressed the Board regarding hiring practices at the MBTA. He said that he was hired as a TSP in October 2007 and was laid off in May 2009. Mr. Myton said that, he has since been asked to take a TSP position which he has accepted but ultimately wants a permanent position.

The next speaker, Mr. David Brown, a TSP carpenter, pointed out that he has been in the union since 1987. He said that, last June, he addressed the Board regarding MBTA hiring practices. Since that meeting, he has gone before numerous people, with no movement on the situation. Mr. Brown met with former Secretary Aloisi and asked for a commitment to become a permanent employee. He stated that he has more experience than those carpenters who have been hired before him.

Mr. Pepe Rodriquez, a 16 year MBTA Green Line Operator, said that he addressed the Board three years ago. He talked about the injustices of racial discrimination, retaliation, and the hiring practices at the Authority. Mr. Rodriquez asked that changes be made in those areas.

The next speaker, Mr. William T. Walker, a TSP employee, addressed the Board. He talked about issues surrounding retaliation and noted that there were no commitments made to him regarding being hired as a permanent employee. Mr. Walker felt that he should be offered a permanent position as a carpenter.

The next speaker, Mr. Craig Dias, an MBTA employee addressed the Board regarding hiring practices, discrimination and pay inequities. Mr. Dias requested that the Board examine the aforementioned issues.

The next speaker, Mr. Adam Carter from the Transit Riders Union (TRU) addressed the Board regarding the scheduling of the meetings. He asked that the meetings are held at more convenient times for the riders. He talked about bus service, fare increases and safety issues. He expressed concern regarding the unfairness of the Fare Evasion campaign and questioned its validity.

The last speaker, Ms. Marilyn MacNab, a Boston resident, addressed the Board. Ms. MacNab spoke in support of Agenda Item No. 3, Science Park/West End Station Accessibility Improvements, along with Agenda Item No. 4, Harvard Square Station Vertical Transportation Improvements.

Ms. MacNab addressed the issues regarding Agenda Item No’s. 5 & 6 involving Ashmont Station that were raised during the public comment period at the MassDOT Board Meeting. She has never felt that Radford Lane would be closed, and supports both items. She stated that the issues raised are legitimate and should be looked into.

At this time, Mr. Mel King questioned if the concerns raised by the employees would be answered. The Chairman said that the purpose of the public comment period is to raise awareness of the concerns and issues. The Board does not deliberate on issues in open session and he assured Mr. King that the issues raised today had already been discussed within the MassDOT organization. The Chairman said that the management team is addressing the issues.

At this time, the Chairman closed the public comment period.

(A list of speakers is provided as an attachment to these minutes.)

The Minutes of the Meeting of December 2, 2009 were approved as presented.

The Minutes of the Meeting of January 6, 2010 were approved as presented. Director Loux abstained from voting on the Minutes of January 6, 2010.

At this time, the Acting General Manager, Mr. Mitchell, gave the General Manager’s Report. Mr. Mitchell addressed a Boston Globe article regarding crime on the MBTA. He said that, the total number of serious crimes, also known as Part I crimes, for 2009 dropped to their lowest levels in 30 years. Mr. Mitchell said that, MBTA customers made more than 360 million passenger trips last year and 827 Part 1 crimes were reported -- 21% fewer than 2008. The most significant decrease was in the category of larceny or theft, which decreased by 26%; Robberies decreased by 9%.

Mr. Mitchell said that, one of the attributing factors to the decreases was the public awareness campaign launched by the Transit Police Department – SEE Something, SAY Something. The campaign stresses the importance for customers of being aware of their surroundings, and to report anything unusual. In addition, the Transit Police implemented a point-of-entry strategy, which provides for a highly visible law enforcement presence at areas where customers enter the system. This strategy has also lead to a 126% increase in the issuance of fare evasion citations.

Mr. Mitchell thanked Chief Paul MacMillan, the men and women of the Transit Police Department, MBTA personnel, and our community partners for making every passenger’s ride as safe and as comfortable as possible.

Mr. Mitchell said that, last week, FTA Deputy Administrator Therese McMillan joined us for a tour of the Fairmount Commuter Rail Project as part of the Partnership for Sustainable Communities. Secretary Mullan, various federal, state, and city officials, along with community stakeholders all participated. The tour spotlighted projects that exemplify the livability principles, which are at the core of the Partnership. Mr. Mitchell said that, HUD, EPA, and U.S. DOT formed the Partnership to coordinate federal housing, transportation, and environment investments that protect public health and the environment, promote equitable development, and address the challenges with climate change. As part of the tour of the Fairmount Corridor, the Deputy Administrator had an opportunity to hear from governmental and community stakeholders on the ways the Partnership can support sustainable community opportunities, like those along the Fairmount Commuter Rail Line Corridor. The 9 mile corridor - through the communities of Dorchester, Roxbury, and Mattapan – is served by the MBTA’s Fairmount Line.

Mr. Mitchell said that, the ongoing Fairmount Line Project will provide residents with improved “walk-to” rail service. He pointed out that the MBTA renovated two stations (Morton Street and Uphams Corner) and will construct four new stations (Talbot Avenue, Four Corners, Newmarket, and Blue Hill Avenue) along the corridor.

Mr. Mitchell said that, as part of our ongoing efforts to make the MBTA system more customer-friendly, we launched a pilot project, called T-Tracker, last week. T-Tracker allows T riders on five of our busiest bus lines to track the location of their bus in real-time on the MBTA website. The real-time bus locator has debuted on the Routes 39, 111, 114, 116, and 117, where customers can now get ‘bus arrival prediction’ information. Among the first public transportation advocates to put the new technology to the test was Governor Patrick, who rode the Route 111 bus from Chelsea to Boston yesterday to experience the MBTA’s new real-time arrival trial system in person. At the conclusion of the pilot program, Mr. Mitchell said that the MBTA will determine the best way to make the real-time information available for more bus routes. He thanked staff from MassDOT and the MBTA for working cooperatively on the T-Tracker project.

The General Manager’s Report was accepted as given.

At this time, the Secretary, Mr. Mullan addressed some of the comments received during the public comment period. He noted that Mr. John Lozada gave a report at the MassDOT meeting, the Secretary assured the Board and the audience that we take the issues regarding the comments very serious. He and the General Manager are committed to supporting our workforce and promoting diversity and equality across the enterprise at all levels. We have a plan that was outlined by Mr. Lozada and I have a lot of faith in Mr. Lozada and Ms. Mary Fernandes, and their team at both MassDOT and the MBTA in addressing these issues. We have a no tolerance for workplace discrimination and consistently nurtured a culture of respect and openness. I request and pledge to the Board that we will have a monthly report so that you are constantly up to date on the issues raised.

Mr. Frank DePaola, Assistant General Manager for Design and Construction, presented the immediately following item concerning Science Park/West End Station Accessibility Improvements. Mr. DePaola noted that he anticipates that the project will employ an average of 22 construction workers on the site.

Directors Loux and Whittle expressed concern regarding the information included in the Staff Summary. She asked that a graph be included so that the Board can follow the history of the project.

The Secretary pointed out that Agenda Item No. 3 is an award of a contract and not a task order contract therefore, no history had been made available.

Mr. DePaola said that he understands the Board’s concerns and will make every effort to provide the requested information. The following action was taken.

On motion, duly made and seconded, it was unanimously

VOTED: That the Acting General Manager be, and he hereby is, authorized to execute in the name of and on behalf of the Authority, subject to the approval of the Massachusetts Department of Transportation (MassDOT) and in a form approved by the Acting General Counsel, MBTA Contract No. A29CN04, Science Park/West End Station Accessibility Improvements, with Barletta Heavy Division, Inc., for a sum not to exceed $10,395,717.00, based upon a schedule of unit, lump sum and allowance bid prices, said contractor being the lowest responsible and eligible bidder in response to requests for sealed proposals.

On motion, duly made and seconded, it was unanimously

VOTED: That the Acting General Manager be, and hereby is, authorized to execute in the name and on behalf of the Authority, subject to the approval of the Massachusetts Department of Transportation (MassDOT) and in a form approved by the Acting General Counsel, MBTA Contract No. A40CN01, Harvard Square Vertical Transportation Improvements, with J.F. White Contracting Company, for a sum not to exceed $3,932,396.00, based upon a schedule of unit, lump sum and allowance bid prices, said contractor being the lowest responsible and eligible bidder in response to requests for sealed proposals.

Regarding the immediately following item concerning Agenda Item No. 5, Ashmont Station Finishes Project, Director Loux questioned if there is a solution to the issues raised during the public comment period at the MassDOT Board meeting regarding Radford Lane. At this time, the Board entered into a discussion that was centered on providing a direct exit from Ashmont Station to Radford Lane. The temporary exit will have to be installed to avoid the construction zone. Mr. DePaola said that, when the contract is complete there will be permanent access to and from Radford Lane.

Director Loux instructed Mr. DePaola to provide the Board with an Executive Summary regarding the issues raised regarding Radford Lane. The following action was taken.

On motion, duly made and seconded, it was unanimously

VOTED: That the Acting General Manager be, and hereby is, authorized to execute in the name and on behalf of the Authority, subject to the approval of the Massachusetts Department of Transportation (MassDOT) and authorization of funds by the Federal Transit Administration (FTA), and in a form approved by the Acting General Counsel, MBTA Contract No. D07CN01, Ashmont Station Red Line Station Finishes, Dorchester, Massachusetts Project, with J.F. White Contracting Company, for a sum not to exceed $9,658,400.00, based upon a schedule of unit, lump sum and allowance bid prices, said contractor being the lowest responsible and eligible bidder in response to requests for sealed proposals.

Regarding the immediately following item concerning Agenda Item No. 6, Accessibility and Renovation Improvements to Ashmont, Fields Corner and Shawmut Stations, Director Levin noted that the contract was awarded in 2001 and questioned why it has taken so long to complete. Mr. DePaola said that the contract when awarded was for multiple stations, Fields Corner, Shawmut and Ashmont Stations. Mr. DePaola provided the Board with information on how the contract is awarded in phases and once a phase nears completion, another task is awarded to continue the progression of the contract.

In response to Director Whittle’s inquiry, Mr. DePaola said that a budget reserved for the finishes contract.

The Chairman questioned how many jobs will be created with the contracts that were presented today. Mr. DePaola said that the Ashmont project will create approximately 25 jobs and Agenda Item No. 4, Harvard Station Vertical Transportation Improvements creating approximately 22 jobs. The Chairman asked that going forward -- staff include the amount of jobs created in all presentations.