BOARD MINUTES ABA Spring Board Meeting May 5-6, 2016 Washington, DC
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1 BOARD MINUTES ABA Spring Board Meeting May 5-6, 2016 Washington, DC Members in Attendance D. Anderson E. Berardi, Jr. B. Blankenship H. Blunt L. Burtwistle M. Butts M. Coffman M. Colborne B. Cole D. Cornell D. DeVivo D. Eaton E. Fickett T. Fiorini Members Not in Attendance C. Anzuoni C. Beckwith W. Dickinson Guests & Speakers B. Arnold B. Blunt B. Borwege R. Cornell C. Cushman D. Hardy S. Henry Staff E. Braendel L. Brewer M. Manousoff T. Fischer A. Glickman S. Haddad B. Henton J. Jalbert T. JeBran S. Lee C. Lentzsch G. Mackay J. Meier J. Miller R. Moore T.J. Morgan D. Moser R. Eyre B. Foley F. Henry M. Grundman T. Lang P. Lloyd J. Merritt M. Moore D. Pohly M. Power A. Newhart P. Pantuso S. Rohde P. Pantuso S. Parr-Brooks J. Percy, Jr. P. Picknelly P. Raygorodskaya K. Sanders C. Shepler A. Spence L. Spruill S. Woelfel C. Young, Jr. T. Morgan C. Morris F. Tedesco M. Trageser F. Tremblay A. Walter M. Young P. Ziska R. Schweitzer 1
2 Opening Remarks ABA Chairman John Meier welcomed the board to the Washington Marriott Georgetown, recognized a number of guests in attendance, gave an overview of the meeting agenda, and praised the staff for a successful 2016 Marketplace and spring fly-in event. Approval of the Previous Meeting Minutes A motion was made to approve the minutes from the January 8-9, 2016 ABA Marketplace Board Meeting at the Kentucky International Convention Center in Louisville, KY. The motion was seconded and carried. Counsel s Report ABA General Counsel Rick Schweitzer reminded the attendees that the meeting would be conducted under the ABA antitrust guidelines and reviewed the prohibited topics therein. Mr. Schweitzer gave the board an update on the Detroit airport access issue that has been discussed at prior board meetings. Michigan Flyer has been running scheduled service to the Detroit airport since It has periodically been operating without any issues, and has been run on a joint basis with a transit agency for 4 years. ABA had filed a complaint in about ground transportation regulations, and received some relief. More recently, there have been additional ground transportation regulations proposed that would make Michigan Flyer s operations more difficult. ABA filed another complaint in January, and the regulations were rescinded, with less onerous regulations put in their place. However, there are a number of ADA repercussions to the ground transportation regulations. Michigan Flyer is still providing service, but it remains a contentious and unsettled issue at this point. ABA is monitoring the issue and providing support whenever possible. President s Report ABA President & CEO Peter Pantuso covered the following subjects during his report: Promotions for ABA s 90 th birthday in publications and at events around North America Staff changes: ABA has hired Andrew Newhart as Manager of Policy and Legislation, and is still looking to fill two slots that were vacated after Marketplace: a Director of Communications and a Communications Associate/PAC Manager 2
3 Overview of the budget: there were no significant changes compared to ABA will retain its outside government affairs consultants. ABA had a fantastic Marketplace and the net profit was higher than anticipated ABA has received several letters from concerned members about holding the 2018 Marketplace in Charlotte, but most members are supportive of ABA s intention to keep Marketplace in the city ABA will ask for less from host cities in Marketplace bid specs for 2019 and beyond Membership growth is strong, and the target set for 2016 is 500 new members. 140 members have been added in the first quarter of The FAST Act is beneficial for the industry and ABA s efforts had a large impact, but there remains work to be done ABA is under attack by DOT on issues such as lease and interchange, safety fitness determination, curbside definition, entry-level driver training, definition of a high risk carrier, sleep apnea, being cut out of charter service at the Democratic National Convention, and a potential FMCSA driver compensation study ABA has been discussing ways to increase the effectiveness of its publications ABA Foundation efforts have been re-evaluated, and progress has been made to finalize outstanding issues (auction program and scholarship program) and move forward on new projects (communications and public relations) ABA remains very active at meetings of the travel and tourism industry ABA continues to manage several sub-groups and is looking for opportunities to add value GroupConnect is progressing, and other organizations are interested in playing a role. The new portal is ready to launch The Motorcoach Marketing Council has been doing a great job. The board is fully engaged, and the materials are fantastic. 3
4 Government Affairs and Policy Report ABA Vice President of Government Affairs and Policy Suzanne Rohde introduced several guest speakers from metropolitan planning organizations and a speaker from the Federal Highway Administration s Office of Transportation Management, who discussed outcomes of the FAST Act and ways to get involved in the metropolitan planning process, available grants, and connected and autonomous vehicle activity. Suzanne provided the GAP report, discussing a multitude of legislative and regulatory issues, focusing on implementation of the FAST Act. Tolling provision work remains to be done regarding implementation, it needs to be determined if transits are being treated uniquely Creation of a national advisory committee on travel and tourism infrastructure to promote travel and tourism there are a number of administrative steps the department must take to stand up the new committee. A charter that outlines what the committee will do should be available in May. ABA is working to secure a position on the committee. Planning it is important to work closely with metropolitan planning organizations to understand each other s concerns and find ways to collaborate. CSA Reform the FAST Act requires FMCSA to commission the National Academy of Science to do a study of the CSA program and whether it is effectively identifying safety risks No significant surface transportation legislation is moving at this time, so ABA s attention has focused on the annual appropriations process Lease and Interchange the enforcement of the rule has been pushed off to 2018, ABA continues to keep the pressure on FMCSA in an effort to force effective modification of the rule Homeland Security Grant Funding it was a battle to have $3 million in funding restored in 2016, and we would like that amount to increase to the authorized amount of $10 million. ABA s issues lie on the Senate side and we will work on educating senators on the program this year. Aviation reauthorization and airport access is a challenge, the House and Senate are not on the same page. ABA needs a champion in Congress. Essential transportation service is a hard sell. Access was more of a priority. We would need to find a champion and an opportunity to pursue it. Safety fitness determination NPRM an important and challenging rule to read; members should file comments and stay engaged on this one due to its significance to the industry Curbside bus operator Notice: MAP-21 provision requires FMCSA to do an annual safety assessment for operators that primarily serve urban areas with high passenger loads. FMCSA has taken it upon itself to come up with a definition of a curbside operator as a starting point, based on the NTSB definition. ABA opposes this idea. 4
5 Entry Level Driver Training NPRM ABA is pleased with the proposal issued by FMCSA in NPRM form, as it reflects the general consensus reached last year, in which ABA participated. There are still a few comments ABA plans to submit. Defining High Risk Carrier Notice related to FMCSA s safety fitness determination rule proposal. ABA would like the CSA study to be completed first. Motorcoach driver compensation FMCSA has been working on a research initiative since October to gather information on driver compensation from the passenger motorcoach industry to analyze if there is a connection to safety performance. No public notices have been put out yet. ABA does not believe FMCSA has any jurisdiction over compensation and should not be undertaking this study. Obstructive Sleep Apnea Joint ANPRM with FRA looking for data on prevalence in safety-sensitive positions for having moderate to severe obstructive sleep apnea, and the costs/benefits of taking some regulatory action to require evaluation or testing for it. This is an issue the motorcoach industry will need to address, as it has already been a part of the regulatory scheme for the aviation industry and railroads are also making progress on it. ABA should weigh in if it does go down the regulatory path to make sure it is not overly burdensome. CDLs for ex-military personnel NPRM seems like a positive idea Annual State Inspection Program NPRM FMCSA is inquiring whether states should have a mandatory annual inspection NHTSA NPRM Establishing new standards for testing of window glazing to prevent ejection of passengers The Department of Labor is looking to finalize a rule revising the threshold requirements for paying overtime under the Fair Labor Standards Act for professionals, executives an administrative employees. An NPRM was published last year, proposing increases in the income threshold for people to receive overtime pay from $23,000 to roughly $50,000. ABA is part of a broad coalition against this effort. BusPAC Committee Report Peter Picknelly delivered the BusPAC report will be a challenging year for BusPAC because it is an election year and there may be many changes in Congress Board contributions are particularly important this year BusPAC finished strong last year, reaching the $71,000 goal This year s goal is $100,000 $13,500 has been spent on 10 individuals in Congress so far this year. Money is being saved for the end of the year, around election time. 5
6 Fundraising activities remain on track despite Emory Rogers departure Focus is on getting donors whose solicitation agreements have lapsed to allow for solicitation of funds for the next five years 37 of 44 eligible board members participate in BusPAC Credit cards are now being accepted as a form of payment New communications efforts are being developed Board members are being asked to reach out to the three potential donors each member identified last year Women In Buses Report Women In Buses Chair Mary Young presented the Women In Buses (WIB) report. 152 council members 35 new members joined at or after Marketplace Information is available on buses.org, on Facebook, and in ABA publications May 18 International Tourism Management Institute is presenting a webinar on the psychology of group travel that will be available on the ABA website Topics that will be focused on in the near future: o Mechanics 101 o Chinese Tourism Audit Committee Report ABA CFO Eric Braendel provided the Audit Committee report. The Audit Committee met at the end of March or beginning of April and approved the audit ABA received a clean, unqualified opinion on the financial statements, which means that the financial statements that have been presented to the board throughout last year are accurate The audit took place over two weeks in January A motion was made to approve the audit report. The motion was seconded and carried. 6
7 Environmental Committee Report TJ Morgan presented the Environmental Committee report. Meetings will be arranged to discuss the Green Spirit Award and additional opportunities for the committee Finance and Budget Report ABA CFO Eric Braendel provided the Finance and Budget report. The Finance and Budget Committees for ABA and the ABA Foundation met earlier in the morning before the board meeting alongside representatives from TD Private Client Wealth Group, the firm that manages the Foundation s endowment (over $5 million) and ABA s reserve assets (over $4 million) The Foundation s portfolio is meeting or exceeding its benchmarks ABA s portfolio is not meeting its benchmarks due to the specific large cap fund the portfolio is invested in ABA will schedule another meeting with TD Private Client Wealth Group to discuss further ABA has transferred $100,000 from ABA s operating account to the TD portfolio for the 5 th year in a row The 2015 numbers that were presented at Marketplace did not change much, if at all Through first 3 months of 2016, revenue was $4,908,000, an increase of $82,000 over the prior year Membership revenue is slightly higher than the prior year, mainly due to the increase in dues for the travel member category Marketplace revenue is even with the prior year, but slightly below what was budgeted. However, expenses were roughly $85,000 lower than anticipated, so net income is projected to exceed what was budgeted. Total expenses are essentially even with last year, but there are variances within departments o Government Affairs expenses are higher due to the lobbying firms that were hired o Membership expenses are higher, mainly because of the addition of a new staff member, and were slightly offset by lower than expected Marketplace expenses o Publications expenses are lower, due to a timing issue with the payment of invoices Net income for the first 3 months of 2016 (core investment income) is $2,749,000, an increase of $100,000 over the prior year 7
8 Governance Committee Report Governance Committee Chairman Tom JeBran provided the Governance Committee report. Several ABA members have expressed interest in joining the board ABA staff will reach out to current board members whose terms expire this year to assess their interest in remaining on the board The Governance Committee will seek out to potential new candidates that may be interested in serving In September, the committee will discuss viable candidates based on diversity, regions, and open slots on the board o More information will be available at the Fall Board Meeting Marketplace Strategic Planning Committee Report Marketplace Strategic Planning Committee Chairman Steve Haddad provided the board with an update on the committee s recent activities. The Committee held several conference calls over the last several weeks and met with members of the board the prior day in Washington, DC The Marketplace Advisory Committee will meet the week after the board meeting in Cleveland Areas for improvement: o A wow factor is needed at Marketplace, as the opening session in recent years has been lackluster One possibility could be a dynamic, energetic speaker during the opening session The committee will look at who could be a good fit from the state of Ohio o There needs to be a closer link between Marketplace and Membership ABA needs to do a better job communicating why companies need to be at the event, and that Marketplace is not just for tour operators o The committee is exploring the possibility of re-branding the annual show, with Marketplace as a component 8
9 Strategic Safety Committee Report Strategic Safety Committee Chairman Alan Glickman provided the Strategic Safety Committee Report. Two conference calls are held per year The next call will discuss the Summer BISC Meeting Minutes are available online Highlights from the Winter BISC Meeting o 200 attendees including IMG participants o FMCSA Administrator Scott Darling was the keynote speaker Members are encouraged to attend FMCSA listening sessions Summer BISC Meeting in Baltimore o Committees will have working sessions mainly through teleconference Major topics will be discussed at the in-person meeting o Issues that committees are working on Workplace and Health Safety OSHA requirements The need for a job hazard analysis at all shop locations First aid kits at all shop locations must include splints and trauma dressing Workplace injury investigations Government Affairs Committee Safety fitness ratings Lease and Interchange Human Performance Committee Electronic Logs Entry Level Driver Training CDL testing issues Security Committee Anti-terrorism Security action plans Vehicle and Technical Operations Committee (VTOC) Out of service criteria Fire prevention BISC West will take place in Ontario, CA o The meeting will include: Overview of BISC Re-runs of the three best BISC presentations 9
10 Special lunch speaker Budget o $120,000 per year o BISC is currently operating within the budget o Operating expenses are $100,000 per year o Net profit for ABA is $20,000 per year Stephen Evans is publishing a series of safety articles for BISC in BusRide magazine and Equip Fall Board Meeting Chris Shepler discussed logistical information for the Fall Board Meeting Marketplace Update Marketplace Chairman Brad Henton provided the Marketplace Update. The city of Cleveland is fully engaged, and is very excited to showcase a revitalized Cleveland to the motorcoach industry A conference call with the Marketplace Advisory Committee took place the week prior Registrations are on par or better compared to Louisville 11 sightseeing tours available (two have sold out), and seven FAM tours Appointment schedules have been adjusted slightly to give more time for entertainment and evening tours Technology updates have been made to the app, and video tutorials will be on the website Housing opens September 8 Transportation has been contracted with Stuart Transportation Entertainment on Sunday night will be at the Rock and Roll Hall of Fame, and the Great Lakes Science Center Monday night s event is Light up Cleveland at the Nautica Event Complex Details are being finalized for Marketplace Gives Back Several board members have asked how they can help, and Brad provided some suggestions: o Download the app o Volunteer at registration or do a mock appointment o Continue to ask how to help in the future more opportunities will be available o Bring a friend to help grow membership and showcase Marketplace 10
11 2018 Marketplace Update Mike Butts provided an update on preparations for Marketplace Mike provided an overview of the gender identity issue in North Carolina Conventions are questioning their ability to meet in Charlotte, and some states have imposed travel bans Cancellations/boycotts received so far have been for smaller meetings. There has not been a major convention cancelled so far. The Charlotte CVB has studied other cities that have been through similar situations The CVB has not taken an official position on the issue, but has set up a campaign to help people understand that everyone is welcome in Charlotte Despite these issues, business is booming in Charlotte ABA Foundation Report ABA Foundation Chairman Doug Anderson provided the ABA Foundation (ABAF) report. During the previous day s Foundation meeting, strategies to strengthen the link between the Foundation s research and Government Affairs efforts were discussed Staff assignments have changed after Marketplace, and the ABA Foundation appears to be in a stronger position as a result o Peter Pantuso President o Matt Manousoff Auction and administrative support o Vicki Osman Creative aspects, web design, and marketing o Eric Braendel Finances The 2016 Marketplace Live and Silent Auctions have been finalized o With the exception of one big-ticket tour product selling for less than anticipated, the auction was extremely successful The 2014 Motorcoach Census has been completed, and efforts to revise and simplify it for the next year will be discussed Strategies with John Dunham and Associates and Cone Communications are being developed, and their contracts are being reviewed Many more scholarship applications were received this year compared to years past due to revised communications efforts o 47 applications were received on average in past years o 145 were received this year ABAF s financial position is very strong o Almost $700,000 in revenue 11
12 o $250,000 in expenses o Research endowment is $3.26 million o $535,000 in scholarship funds o Total assets including outstanding pledges are $5.7 million Five new members were welcomed to the Foundation Board of Governors o Patti Lloyd, Cape Cod Chamber of Commerce/CVB o Michaela Grundman, CH Bus Sales o Michael Power, Prevost o Kate Scopetti, Mid Atlantic Receptive Services o Mike Trageser, Sands Bethlehem The Board of Governors is considering reaching out to Askwith family to inquire about what can be done to memorialize Bert Tour & Travel Council Report Bryan Cole provided the Tour & Travel Council report. The council did not have an official meeting, and would like to carve out time to meet face-to-face at each future board meeting rather than holding teleconferences. These meetings would take place during agenda items that don t pertain to the Tour & Travel Council. Fixed Route Council Meeting Recap Jim Jalbert provided the Fixed Route Council report. Jim Jalbert agreed with Bryan Cole with regard to holding face-to-face council meetings Policy meeting will be held in Washington, DC in the summer Charter & Tour Council Meeting TJ Morgan gave the Charter & Tour Council report. Items discussed include: Conference call was held on April 20 The need for educating the traveling public on the lack of flexibility for hours of service requirements and ELD 12
13 FAA re-authorization was discussed o Some of ABA s asks were not included Driver shortage issues DOT plans to make it easier for veterans to get CDLs South Carolina legislature passed a bill that would allow counties and municipalities to hire recent high school graduates Shipper liability trip planning and operator liability in the event of accidents Pending changes in California addition of another door in motorcoaches Should ABA recommend electronic log vendors? Radar Issues ABA Staff and/or Rick Schweitzer should closely monitor and examine California legislative and regulatory issues along with federal law The Board went into closed session. The meeting was adjourned. 13
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