Agenda - 05-16-2017 - 8-a - Minutes

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20 1 Commissioner McKee asked what options there would be if the BOCC does not agree 2 with the cost cutting measures, such as removing a stop in Orange County. 3 Tammy Bouchelle said the BOCC is not obligated to submit any additional funds under 4 this agreement. She said any substantial change to the project, such as removing a stop, 5 would have to be approved by the FTA prior to proceeding. She said the Counties would also 6 have to approve such a change in the County transit plans. She said GoTriangle has no ability 7 to act unilaterally. 8 Commissioner McKee said he does not understand what happens if a scenario arises 9 that Orange County cannot accommodate; when it has signed an agreement to the plan, FTA 10 has approved the project, and the state says it will only give 5%. He says without a unilateral 11 withdrawal provision, he feels Orange County is bound to commit funds. 12 Katharine Eggleston said should such a scenario arise, the three parties would make 13 good faith efforts to find strategies that would be amendable to three parties. 14 Commissioner McKee said there may be no such strategies. 15 Chair Dorosin proposed the hypothetical of cutting one of the Orange County stations, 16 and asked if staff could walk the Board through the steps of what would happen. 17 Tammy Bouchelle said if there are significant changes in the scope of the project, the 18 FTA would have to approve them. She said the removal of a station would be an example of 19 such a change. 20 Chair Dorosin proposed the hypothetical of all parties approving of the station removal, 21 and asked if the steps thereafter could be identified. 22 Tammy Bouchelle said the FTA would be informed of this decision, and additional 23 studies would be needed to show there were no negative social justice, environmental or 24 ridership impacts. She said after receiving approval from the FTA, GoTriangle would need the 25 approvals of Orange and Durham counties, with the change being reflected in the County 26 transit plans. 27 Chair Dorosin proposed the scenario where the BOCC does not want to remove a 28 station from the line, and does not want to amend its transit plan. He asked if the steps 29 thereafter could be described. He asked what would happen if Durham and Orange counties 30 disagree on the cost cutting measure. 31 Commissioner McKee said his concern is what happens if there is an impasse, and the 32 parties do not agree. 33 Chair Dorosin said if an agreement and transit plan amendment are required to proceed, 34 but do not happen, then how does the project proceed. 35 Patrick McDonough said in the draft plan, there is an appendix B of mitigation 36 measures. He said the removal of a station is an unlikely scenario of a cost cutting measure. 37 He said there are items in the plan that can be cut down in price without the customer being 38 affected; for example, a bridge can be made more ugly. He said, conversely, there are areas 39 that can be cut that do affect the customer, such as the capacity for the speed of the trains. He 40 said GoTriangle's goal, if cutting costs were necessary, would be to minimize the impact to 41 either County or its residents. 42 John Talmadge said in the next item, which refers to proposed language changes to the 43 transit plan, includes that any deletion of stops or addition of stops requires Commissioner 44 approval. 45 Commissioner McKee said his concern is if the parties cannot agree. 46 Travis Myren said one mechanism is dispute resolution, like mediation or arbitration. 47 Commissioner Marcoplos said the financial shortfalls would be the more likely scenario 48 to occur. He said if the state gives 7% instead of 10%, and Durham is fine with this change, but 49 Orange County is not, then provision #15 gives Orange County permission to say it cannot pay 50 the difference and would be allowed to step back.