Here is the NJT Board agenda for its meeting at 9:00 next Wednesday morning.
There is an item about environmental preparation for the Cutoff Project, which we support (all the way to Scranton).
There is an item about prohibiting advertising on NJT which includes, among other things "disparaging NJ Transit services." I believe this could be an abridgement of free speech, which allows comments on the issues of the day. Frankly, I believe some of NJ Transit services SHOULD be disparaged.
Anyway, let's show up and make statements, so they will know we are there!
DAVID PETER ALAN
Chair
NEW JERSEY TRANSIT CORPORATION
NJ TRANSIT BUS OPERATIONS, INC.
NJ TRANSIT RAIL OPERATIONS, INC.
NJ TRANSIT MERCER, INC.
NJ TRANSIT MORRIS, INC.
REGULARLY SCHEDULED BOARD OF DIRECTORS’ MEETINGS
MARCH 9, 2016 @ 9:00 A.M.
PROPOSED AGENDA
CALL TO ORDER
SAFETY ANNOUNCEMENT
PLEDGE OF ALLEGIANCE TO THE FLAG
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
PUBLIC COMMENTS ON AGENDA ITEMS AND OTHER MATTERS
ADVISORY COMMITTEE REPORT
SENIOR CITIZEN AND DISABLED RESIDENT TRANSPORTATION ADVISORY COMMITTEE REPORT (NEXT SCHEDULED REPORT JUNE 2016)
BOARD COMMITTEE REPORTS
Customer Service Committee
Administration Committee
Capital Planning, Policy and Privatization Committee EXECUTIVE DIRECTOR’S MONTHLY REPORT
ACTION ITEMS
ITEM 1603-11: SUPERSTORM SANDY PROPERTY DAMAGE INSURANCE CLAIM: AMENDMENT TO CONTRACT FOR FORENSIC ACCOUNTING SERVICES
During Fiscal Year 2013, NJ TRANSIT maintained a $400,000,000 property damage insurance program. The costs to repair the damage to NJ TRANSIT’s insurable assets as a result of Superstorm Sandy in October 2012 are reimbursable from the insurance program. However, in order to justify the claim and receive reimbursement, the insurers participating on the program, through their dedicated claim adjuster, require detailed information in support of NJ TRANSIT’s property damage insurance claim. The collection and analysis of information forms the basis of the insurance adjustment process and plays an integral role in the agency’s ability to negotiate with its insurers to maximize the amount of insurance proceeds received. The quality and detail of information submitted in support of the insurance claim strengthens NJ TRANSIT’s insurance coverage position and places the agency in a better position to receive insurance proceeds that will be part of the funding for repair and replacement projects within NJ TRANSIT’s Capital Program.
Marsh USA is currently under contract with NJ TRANSIT following the completion of a competitive procurement process and subsequent approval by the NJ TRANSIT Board of Directors. Since 2012, Marsh USA has been working closely with NJ TRANSIT and the insurers’ dedicated claim adjuster to
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identify the extent of the damage and to provide detailed information to substantiate the costs submitted as part of the insurance claim. As a result of the documentation compiled by Marsh USA, NJ TRANSIT received an advance totaling $100,000,000, which represents a partial payment of the overall insurance claim. Due to the extent of information required by the insurance adjuster and the breadth of the insurance claim, additional authorization is required to continue the adjustment and valuation process. Additionally, the information compiled by Marsh USA has assisted NJ TRANSIT with its federal disaster relief grant applications to FTA and will assist with any potential future grant applications with FEMA.
Approval is requested to increase the authorization amount for NJ TRANSIT Contract No. 10-046 with Marsh USA by $1,500,000, plus five percent for contingency, for a total authorization of $6,396,270, subject to the availability of funds.
ITEM 1603-12: COMMUNITY MOBILITY AND LOCAL PROGRAMS: VEHICLE PURCHASE CONTRACT FOR TRANSIT-STYLE BUSES
The Federal Transit Administration (FTA) makes available a variety of grant funding programs that allow for vehicle purchases to support community transit services operated by counties, municipalities, non-profit organizations and others. NJ TRANSIT is the direct recipient of FTA funds and procures vehicles under these grant programs on behalf of local sub-recipients. This maximizes purchasing power and ensures appropriate compliance with federal regulations.
Seven vehicles are being purchased with funding from the Section 5310 Transportation for Elderly Persons and Person with Disabilities Program. One vehicle is being purchased with Congestion Mitigation and Air Quality (CMAQ) Program funds flexed into the Section 5310 program. Transportation Trust Fund monies are used to provide the required local match for the federal Section 5310 funds.
Authorization is requested to enter into NJ TRANSIT Contract No. 15-051 with Wolfington Body Company, Inc. of Mt. Holly, New Jersey, for the purchase of eight 24-passenger buses (medium-duty cutaways) in an amount not to exceed $1,138,280, plus five percent for contingencies, for a total authorization of $1,195,194, subject to the availability of funds.
ITEM 1603-13: LACKAWANNA CUT-OFF: PURCHASE OF WETLANDS MITIGATION CREDITS
NJ TRANSIT is working to provide travelers with transit alternatives to congested roads and aid in the compliance with clean air legislation. One of the rail system extension projects that support these goals is the restoration of the Lackawanna Cut-Off in western New Jersey. This project seeks to provide improved public transportation for commuters who must use the congested I-80 corridor, particularly in Morris County.
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As part of the Lackawanna Cut-off project, the New Jersey Department of Environmental Protection (NJDEP) authorized NJ TRANSIT to permanently disturb 3.53 acres of freshwater wetlands for the reactivation of the rail line and construction of the planned Andover Station provided that mitigation credits for the disturbed wetlands are purchased at a ratio of one-to-one from an approved wetlands mitigation bank.
Authorization is requested to purchase 2.1 acres of Wetlands Credits required for the Lackawanna Cut-Off project from Ecologic Mitigation Oxford of West Long Branch, New Jersey, at a cost not to exceed $816,900, subject to the availability of funds.
Authorization is also requested to purchase the remaining 1.43 acres of Wetlands Credits required for the Lackawanna Cut-Off project from The Nature Conservancy in New Jersey of Chester, New Jersey, at a cost not to exceed $567,138, subject to the availability of funds.
ITEM 1603-14: REGULATIONS: READOPTION WITH AMENDMENTS TO N.J.A.C. 16:86 ADVERTISING STANDARDS
The licensing of outdoor advertising displays on billboards and advertising structures located within NJ TRANSIT’s right-of-way, facilities, structures and properties provides significant annual guaranteed non-farebox revenue to NJ TRANSIT to help underwrite and subsidize operating expenses. The responsible display of aesthetically appropriate advertising and structures within NJ TRANSIT’s right-of-way, facilities, structures and properties is a vital component in NJ TRANSIT’s efforts to leverage private sector revenues for the benefit of commuters and is consistent with the nationwide use of transit facilities for advertising messages. This item is intended to re-promulgate regulations at N.J.A.C. 16:86 which will provide guidance concerning advertising on NJ TRANSIT’s property.
Staff reviewed the current regulations and determined that the rules are necessary, adequate, reasonable, efficient, understandable and responsible for the purposes for which they were originally promulgated and should be readopted, with the proposed amendments. The rules are proposed to be amended to prohibit advertisements that: disparage the services of NJ TRANSIT; demean or disparage an individual, group of individuals or entity; promote or oppose a political party; express or advocate an opinion, position or viewpoint on matters of public debate about economic, political, moral, religious, or social issues; or encourage or depict unsafe behavior with respect to NJ TRANSIT related activities. Additionally, the amendment proposes to expand prohibition of advertisements for “tobacco and tobacco-related products” to explicitly include electronic cigarettes and expand “property owned by NJ TRANSIT” to include electronic and digital equipment and media. The proposed readoption with amendments was published in the New Jersey Register on November 2, 2015 (Exhibit A). The comment period expired on January 1, 2016 and no comments were received.
Authorization is requested to take all actions necessary to readopt with amendments the regulations, N.J.A.C. 16:86 et seq., Advertising Standards, consistent with this Board item and Exhibit A.
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EXECUTIVE SESSION AUTHORIZATION: Discuss personnel matters, contract and collective bargaining negotiations, the status of pending and anticipated litigation and matters falling within the attorney-client privilege, including, but not limited to, the Personal Injury Claim of Carlos Cruz and the Personal Injury Claim of Frank DeJesus.
ITEM 1603-15: PERSONAL INJURY CLAIM OF CARLOS CRUZ
Authorization is requested to settle the claim of Carlos Cruz, through his attorney, at an amount discussed in executive session. The Attorney General has approved the proposed settlement, subject to the availability of funds.
ITEM 1603-16: PERSONAL INJURY CLAIM OF FRANK DEJESUS
Authorization is requested to settle the claim of Frank DeJesus, through his attorney, at an amount discussed in executive session. The Attorney General has approved the proposed settlement, subject to the availability of funds.
ADJOURNMENT