Minutes 04-20-2017 - Laserfiche WebLink

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21 He said GoTriangle's goal, if cutting costs were necessary, would be to minimize the impact to either County or its residents. John Talmadge said in the next item, which refers to proposed language changes to the transit plan, includes that any deletion of stops or addition of stops requires Commissioner approval. Commissioner McKee said his concern is if the parties cannot agree. Travis Myren said one mechanism is dispute resolution, like mediation or arbitration. Commissioner Marcoplos said the financial shortfalls would be the more likely scenario to occur. He said if the state gives 7% instead of 10%, and Durham is fine with this change, but Orange County is not, then provision #15 gives Orange County permission to say it cannot pay the difference and would be allowed to step back. John Roberts said the County would still be in the agreement, but there would need to be a meeting to determine how to proceed, with Orange County unable to provide additional funds. Commissioner Marcoplos asked if, in that case, Orange County is protected by paragraph 15. John Roberts said Orange County is not automatically in the agreement to find additional funds. Commissioner Marcoplos said this would allow Orange County to be out of it without even voting. John Roberts said the County is not automatically out of the agreement, and is still a party to the agreement, but it could exercise its right under paragraph 15. He said the County could state that the dedicated local revenues are its only contribution. He said, at this point, the parties would have to work out a plan on how to proceed. Commissioner Marcoplos said he wonders what the County's vulnerability would be at that point, as it seems the County may be fairly well protected. Commissioner Jacobs referred to page 6, and said it specifically speaks to material changes. He said material changes would be part of the basis for reviewing the status of the project. He said he thought there was a place where material changes were defined. Travis Myren said this information has been recast to be called significant cost overruns, or unmitigated funding shortfalls in provision #14. He said this mirrors the material changes in previous document. Commissioner Jacobs asked if there was a reason the language was changed. Tammy Bouchelle said GoTriangle understood the request to be to link the definition of unmitigated funding shortfall or cost overrun to the definition of material change that is in the existing implementation agreements. She said this is what was done. She said the existing implementation agreements are still in play and are valid documents. Commissioner McKee said the process was in material change for a year, and yet it was never triggered. Commissioner Jacobs said quarterly and annual reports will be received, so that parties can keep track of any material changes. He asked what will happen if the FTA receives a document and takes issue with something within in it. Katharine Eggleston said in this case the FTA has indicated in writing that GoTriangle must provide documentation of the commitment by end of April and if not, FTA will withdraw the project from the New Starts pipeline and project development. Commissioner Jacobs said that relates back to what the FTA told GoTriangle verbally in February. Katharine Eggleston said yes. Commissioner Jacobs asked if this process is standard in FTA's operating procedures.