MIAMI-DADE EXPRESSWAY AUTHORITY (MDX)

MIAMI-DADE EXPRESSWAY AUTHORITY (MDX) BOARD MEETING TUESDAY, MARCH 25, 2008 4:00 PM WILLIAM M. LEHMAN MDX BUILDING 3790 NW 21 ST STREET MIAMI, FLORIDA 33142 SUMMARY MINUTES Board Meeting 4-22-08 Members Present: Members Absent: Maritza Gutierrez, Chair Felix Lasarte Carlos A. Lacasa, Treasurer Robert W. Holland, Vice Chair Maurice Ferré Nick A. Inamdar Louis V. Martinez Gerry O Reilly Gonzalo Sanabria Yvonne Soler McKinley Jorge M. Vigil Norman Wartman as an observer, oath of office has not been signed Staff: Javier Rodriguez, Executive Director Steve Andriuk, Director, Toll Operations Marie Schafer, Director of Finance/Chief Financial Officer Maggie Cortez Kirkpatrick, Public Communications Manager Helen Cordero, Manager of Procurement and Contracts Administration Maria Luisa Navia Lobo, Board Secretary Consultants: Financial: Legal: Public Communications/Public Affairs Transportation: Wayne Placide, First Southwest Company Bruce Giles-Klein, Greenberg Traurig Kirk De Leon, Edwards & Associates, P.A. Leslie Pantin, Pantin/Beber Silverstein Jose de Almagro, HNTB (GEC-A) Rick Crooks, EAC Consultants (GEC-B) 1

CALL TO ORDER & ROLL CALL: Chair Gutierrez called the meeting to order and asked Ms. Navia Lobo to call the roll. Ms. Navia Lobo announced that a quorum was present. PLEDGE OF ALLEGIANCE: Ms. Gutierrez asked Mr. Inamdar to lead in the Pledge of Allegiance. DECLARATION OF CONFLICTS A) Potential Conflict Report As customary, Mr. Giles-Klein inquired if any Member had conflicts of interest to declare with respect to items on this month s agenda. Ms. Gutierrez declared a conflict with Regular Agenda Item IX. C MDX Procurement/Contract No. MDX-08-11 - Security Guard Services - $180,000 Approval of Piggy-Back Contract with Wackenhut Corporation. She declared that her husband represents Wackenhut Corporation at the County. [A copy of the conflict form submitted by Ms. Gutierrez is attached to these summary minutes.] APPROVAL OF MINUTES: o Board Meeting of February 26, 2008 Ms. Gutierrez referred to the Summary Minutes of the February 26, 2008 Board Meeting. Mr. Martinez moved for the approval of the Summary Minutes. Mr. Holland seconded the motion. The motion was unanimously approved. EXECUTIVE DIRECTOR S REPORT Mr. Rodriguez reported on the following items of interest since the last Board meeting of February 26, 2008 On March 3, 2008, at the Florida Transportation Commission Public Hearing in Tallahassee, the first annual evaluation of Authorities was conducted. Mr. Rodriguez stated that, although the criteria were announced after the Fiscal Year ended, MDX met thirteen of the sixteen criteria. The three criteria MDX did not meet were; o Safety, the criteria set was 10% below a five year average for similar facilities, MDX acknowledges that this is very difficult to achieve, but is working very hard in this respect. o Number of Contracts completed within 20% of the original contract time, the criteria was set at 80%; MDX received 75%, having satisfied the criterion on three of four contracts. On one contract, scope was added to the project while under construction, which made good business sense. 2

o Percent of projects completed within 10% of original contract amount, criteria was set at 90%, MDX had four contracts subject to this criterion of which two or 50% met the criterion. On the other two contracts, scope was added to the projects which caused MDX to miss the mark. These projects were the SR112 conversion of the plaza to ORT, where a ramp closure was added to the project and the SR874/SR878 resurfacing, where additional safety improvements were made to an intersection. o Financial Results were very solid. March 5, 2008, MDX hosted the CTAC Meeting. At the meeting, a resolution was endorsed in support of MDX Long Range Visioning Projects and their inclusion in the Miami-Dade MPO s LRTP. A copy of the resolution was distributed at the meeting March 13, 2008, Mr. Rodriguez attended the so-called Four Amigos meeting in Orlando, an informal session among the Executive Directors of the major toll authorities in Florida, OOCEA, THCEA, MDX and FTE, where discuss was had on issues affecting all agencies. In-house counsel position has been advertised. It is the intent to have the position filled by the end of the Fiscal Year. Support staff has been discussed. Development of budget process. Preliminary budget will be discussed in April 2008 Mr. Rodriguez thanked the Executive Committee and the Executive Director Evaluation Committee for the vote of confidence given to him. GENERAL COUNSEL S REPORT Mr. Giles-Klein reported on the following items of interest: Transportation Authority Monitoring and Oversight year one Report, Bob Poole s monthly newsletter on surface transportation innovations, Conversion of Bus way to variable pricing lanes, to serve a dual purpose functions Mr. Giles-Klein will distribute the newsletter via email to Board Members. MPO REPRESENTATIVE S REPORT Mr. Rodriguez included the MPO report with the Executive Director s report. TREASURER S REPORT Ms. Schafer reported that, as of February 29, 2008, year to date toll revenue collected amounted to $71,649,579, which is below the forecast by $1,418,921. This is consistent with the growth overall. 3

Enforcement Revenue has done well throughout the Fiscal Year. Enforcement Revenue is above the forecast by approximately $1.2 million. Customer service has improved with positive response from the public and operational side. SunPass penetration systemwide is at 72.39%. SunPass penetration rate continues to grow. Penetration rates at all of the plazas year to date have slightly increased with the exception of West 97 th Avenue. Investment income overall year to date is $3.1 million above the forecast; overall portfolio is yielding 4.5%. Given the current market conditions this is a positive number. Ms. Schafer gave an update on the auction rate issue. She explained the Authority is moving forward with the private placement proposal as discussed at the last Budget & Finance Committee Meeting and last month s Board Meeting where two resolutions were approved. Ms. Schafer further explained the index was changed form a BMA + 95bps index to LIBOR+45bps; Ms. Schafer entertained questions from Members. COMMITTEE REPORTS A) Executive Director Performance Evaluation Committee, 3/14/08 B) Property Acquisition Committee, 3/14/08 C) Operations Committee, 3/14/08 Committee reports were waived. CONSENT AGENDA A) Travel Ratification and Approval: 1. March 13, 2008, Trip to Orlando, Florida by Mr. Rodriguez to attend meeting with other Florida Toll Agencies Executive Directors 2. April 9 10, 2008, Trip to Tallahassee, Florida by Board Member Sanabria and Mr. Rodriguez to attend Miami-Dade County Days 3. April 27 29, 2008, Trip to Orlando, Florida by Mr. Rodriguez to attend the IBTTA Facilities Management Workshop Mr. Giles-Klein read the Consent Agenda Item for the record; Mr. Holland requested to be added to the Miami-Dade County Days event and the IBTTA Facilities Management Workshop. Ms. Soler McKinley moved to approve the Consent Agenda as amended. Mr. Ferre seconded the motion. The motion was unanimously approved. 4

REGULAR AGENDA A) Acceptance of Executive Director Performance Evaluation and Approval of Merit Increase of $18,200 per Annum. Mr. Giles-Klein read the regular Agenda Item for the record. Ms. Gutierrez introduced this item; she explained the evaluation committee conducted the performance evaluation. On a scale established to score the criteria for evaluation approved by the Board, the Committee awarded the Executive Director a score of 96.5. She stated that the Executive Director has done an exceptional job in leading the agency. The majority of the Committee recommended the approval of a merit increase for 2008 of $18,200 per annum, or approximately 9.33% of 2007 base salary. Mr. Lacasa expressed concern with the fiscal impact and contract language which treats merit pay for annual performance as a recurring item. He further stated, he would be in favor of the merit pay of 9.33%, but not 12.3% on a recurring basis. Mr. Vigil stated the first year merit increase was entirely warranted. Ms. Gutierrez informed Members that the merit increase is based on a contract that was prenegotiated which the Board pre-approved prior to the Executive director accepting. Mr. Holland stated that he supports the merit increase and does understand Mr. Lacasa s fiscal conservatism; he recommended exploring the option of a bonus format in the future. This item was thoroughly discussed. Mr. Sanabria moved to approve the Executive Director s performance evaluation and merit increase. Ms. Soler McKinley seconded the motion. Mr. Lacasa opposed the motion. The motion was approved. B) MDX Procurement/Contract No. MDX-06-03 System-Wide Landscaping Improvements - (Not to exceed $2,000,000.00) Approval of Contract Renewal (Arazoza Brothers Corporation) Operations Committee. Ms. Soler McKinley moved to approve the contract renewal. Mr. Holland seconded the motion. The motion was unanimously approved. Ms. Gutierrez passed the gavel to Mr. Holland. C) MDX Procurement/Contract No. MDX-08-11 - Security Guard Services, $180,000 Approval of Piggy-Back Contract with Wackenhut Corporation Operations Committee. Mr. Rodriguez introduced this item; he explained staff is requesting approval to enter into a piggy-back contract with Wackenhut Corp for a period of three years. Mr. Holland recommended a one-year term and procure the services to determine if better prices are available. Ms. Soler Mckinley moved to approve the contract with a one year term as recommended by Mr. Holland. Mr. Ferre seconded the motion. Ms. Gutierrez abstained. The motion was unanimously approved. 5

Mr. Holland passed the gavel to Ms. Gutierrez. D) Approval of Assignment of Contract by and between RE Analysts, Inc. and Christopher Mafera, the Appraiser of Record and RE Analysts Commercial, LLC and Christopher Mafera, the Appraiser of Record. Property Acquisition Committee. Mr. Holland inquired if the contract had a prohibition against assignment and the contact was originally assigned to a corporation and now to a LLC. Mr. Giles Klein stated that the change in the structure of the appraiser should not affect its liability to MDX for performance under the contract. Mr. De Leon stated the appraiser s exposure to liability is not limited by the new designation. Mr. Sanabria moved to approve the assignment of contract. Mr. Holland seconded the motion. The motion was unanimously approved. E) Approval for extension of Eminent Domain Contracts through April 7, 2009. (Endorsed by the Property Acquisition Committee on 3/14/08) Property Acquisition Committee. Mr. Sanabria introduced this item; he explained the committee felt comfortable in extending the contract to the two firms. Mr. Holland moved to approve the contract extension. Ms. Soler McKinley seconded the motion. The motion was unanimously approved. INFORMATIONAL ITEMS: A) Procurements Reports: On-Going Procurements Executed Supplemental Agreements in February 2008 Emergency Procurements in February 2008 Mr. Andriuk reported on the Toll Operations report presented at the last Operations Committee meeting. He highlighted the toll traffic report and toll violation percentages. He informed Members of enhancements to the MDX website for toll violation payments that was launched last month with a very positive outcome. Mr. Andriuk entertained questions from Members. CHAIR S COMMENTS Ms. Gutierrez informed Members that staff is working in scheduling a local preference workshop. Mr. Rodriguez informed Members that staff is preparing an interactive process workshop where long range projects will be ranked. The final analysis of the workshop will be directed the Blue Ribbon Committee accompanied with a resolution moving forward with a signature project. Mr. Holland recommended for future meetings, dedicating a portion of the meeting agenda to innovative transportation ideas. 6

Mr. Martinez thanked staff doe the briefing session. ANNOUNCEMENTS: o Public Communication & Intergovernmental Committee Meeting, 3/28/08, 9:00 AM - 4:00 PM, William M. Lehman MDX Building o MDX Blue Ribbon Committee Meeting 4/2/08, 2:30 PM, William M. Lehman MDX Building o MDX Board of Directors Meeting, 4/22/08, 4:00 PM, William M. Lehman MDX Building ADJOURNMENT The meeting was adjourned by Chair Gutierrez Minutes prepared by Maria Luisa Navia Lobo, Board Secretary. 7