THE OHIO RAIL DEVELOPMENT COMMISSION
REGULAR BI-MONTHLY COMMISSION MEETING
- JANUARY 22, 2004 -

CALL TO ORDER AND ROLL CALL
Chairman James E. Betts called the meeting of the Ohio Rail Development Commission (ORDC) to order at 10:18 a.m. on January 22, 2004. Commission members present included: Chairman Betts, Senator Larry Mumper, Herk Wolfe, Tom McOwen, Larry Sowers, Howard Wood (Ohio Department of Transportation designee), Daniel Roberts, Solomon Jackson and Don Clark (Ohio Department of Development designee). Members absent included Janet Weir Creighton, Senator Robert Hagan, and Representatives Jeanine Perry and Steve Buehrer. Eight voting members were present, one absent.

APPROVAL OF THE MINUTES OF THE NOVEMBER MEETING
Chairman Betts asked for a motion to approve of the minutes of the November 13, 2003 Commission meeting. Commissioner Sowers moved to approve the minutes and Commissioner Wolfe seconded. The minutes were approved as presented.

ACKNOWLEDGMENTS
Chairman Betts spoke on a resolution from the Governor’s office recognizing Don Yerks, a former ORDC Commissioner, for his years of commitment and service to the Commission. Mr. Yerks was unable to attend the meeting due to a scheduling conflict.

Chairman Betts also acknowledged Janet Weir Creighton in her position as the newly-elected mayor of the City of Canton.

EXECUTIVE DIRECTOR’S REPORT
Executive Director Jim Seney referred to his report in the commissioner packet and asked if anyone had any questions regarding the information. Hearing none, Director Seney moved on to Resolution 04-02; the resolution in support of passenger rail development in the United States. Director Seney indicated that all of the previously requested changes to the resolution have been made and, after meeting with Commissioner McOwen regarding the issues he had raised at the previous meeting, everyone seemed to be in agreement with regard to the resolution. Director Seney indicated that Resolution 04-02 was on the meeting agenda for a later time so he would go into greater detail on this issue at that point.

Director Seney commented on the 2003 preliminary crash statistics for Ohio’s railroad-highway grade crossings. Early findings show a 63% reduction in fatalities and a 9% reduction in overall crashes at public grade crossings. Director Seney noted that this favorable trend could be the result of the state’s aggressive safety programs. He stated that he is encouraged by these numbers and hopes the trend continues.

Director Seney then moved on to a presentation of a service pin for a staff member. Mr. Don Damron was acknowledged for his ten years of state service.

Chairman Betts asked if the ORDC expected to receive an excessive amount of funding requests from communities for quiet zones now that federal rules are in place. Director Seney responded that communities interested in implementing this new rule are 100 percent responsible for funding any quiet zone project. However, ORDC can participate in safety upgrades at the crossing if gates or lights are needed. Federal rules currently indicate that if a particular crossing is below the national average for crash/fatalities, nothing additional needs to be done to the crossing except posting a sign and indicating that it is now a quiet zone. Senator Mumper inquired about the process of implementing a quiet zone. Director Seney responded by indicating the importance of completing the state legislation on the quiet zone because the state legislation will outline the process as well as PUCO’s and ODOT’s role in implementing a quiet zone.

Commissioner McOwen asked if it was possible to establish a quiet zone on a branchline through a community. Director Seney indicated that yes, it was possible. Commissioner McOwen then asked what improvements would be necessary to establish the quiet zone. Director Seney indicated that visibility would be the main issue (vegetation, lighting, markings on trains, etc.). Any improvement to the visibility at the crossing would be critical to maintaining the safety. A short discussion followed.

FINANCE REPORT
Matthew Dietrich, Secretary-Treasurer, presented the finance report to the Commissioners. Mr. Dietrich indicated that the personal service contract for ME Companies for $98,876 is underway as it was approved by Controlling Board on January 12, 2004. ME Companies is providing appraisal services for the Panhandle Rail line for the Commission. Staff has conducted several meetings with officials of the company to refine the scope of the project and identify deliverables.

Mr. Dietrich then reported on Senate Bill 139 which was sponsored by Senator Mumper for the Commission. This bill permits ORDC to guarantee rail-related State Enterprise Bond Fund projects and federal RRIF loans. The total GRF balance available for projects and personal services contracts is $509,580. The balance of the Fund 4N4 available for projects is currently $1,027,944 for a total of $1,584,214 available by the ORDC to fund projects for the remaining 2004 fiscal year.

Public Information Officer Position - Resolution 04-01
Mr. Dietrich briefed Commissioners on Resolution 04-01 which provides for ORDC to employ a Public Information Officer (PIO). He indicated this position will address the public information/media relations and legislative needs of the Commission. This position will afford the ORDC the ability to outreach to the public on rail-related issues through in-house expertise.

Chairman Betts asked for a motion to approve Resolution 04-01. Commissioner McOwen moved to approve the creation of a PIO position for the ORDC and Commissioner Sowers seconded.

Commissioner Jackson questioned if this was the most effective use of financial resources, given the economic climate of the state at this time. Director Seney responded by indicating that this position is essentially more than a PIO; this person will be involved in project development as well. He cited the Cleveland Hub Study as an example. Discussion followed.

Chairman Betts asked Lynda Nelson to call the role on the adoption of Resolution 04-01. The resolution passed with eight votes in the affirmative, one absent.

Passenger Rail Investment Act - Resolution 04-02
Director Seney spoke on Resolution 04-02, a resolution to support passenger rail development in the United States. Director Seney indicated that he had met with Commissioner McOwen regarding the concerns he previously voiced at the November meeting. Director Seney feels that all Commissioner McOwen’s concerns have been addressed and that the resolution was now ready to be voted on with one revision in Section 2: "That the ORDC agrees that Ohio’s intercity travel markets are best served by corridor train services, and therefore supports the reforms that focus federal investment on corridor development, while preserving long distance trains." Chairman Betts asked for a motion to adopt Resolution 04-02. Commissioner Wolfe moved to approve the resolution and Commission McOwen seconded. A short discussion followed. Chairman Betts then asked for a motion to approve the revision to Section 2 of Resolution 04-02. Commissioner Clark moved to approve the revision and Commissioner McOwen seconded. Motion approved. The resolution passed with seven votes to the affirmative, one negative and one absent.

COTA Freight Capacity Study
Mr. Lou Jannazzo introduced Mike Bradley of the Central Ohio Transit Authority (COTA) who briefed the Commissioners on COTA’s project which will receive $50,000 in grant funds from ORDC to expand its planned North Corridor Light Rail Transportation project/Freight Capacity Study to include ORDC high speed rail considerations as well as Norfolk Southern’s proposed relocation and expansion of its Discovery Park intermodal yard to Rickenbacker. Mr. Bradley spoke about the project maps which detail the proposed project, and thanked the Commission for its continued support. Discussion followed.

Transportation Economics & Management Systems, Inc.
Mr. Don Damron briefed the Commission on the $45,000 grant to Transportation Economics & Management Systems, Inc. (TEMS). The grant will cover a portion of the costs of the additional work for The Ohio & Lake Erie Regional Rail - Cleveland Hub Study. This study provides for an assessment of the feasibility of a regional rail system serving four corridors. The study also includes an evaluation of potential ridership and revenues, the required capital improvements, operating and maintenance costs, train travel times and financial and economic feasibility. Under this contract, TEMS will be retained to complete the analysis and draft new reports for each of the four Cleveland Hub corridors.

REHABILITATION PROGRAM PROJECTS
Mr. Lou Jannazo briefed the Commissioners on the following projects being considered for funding for the 2004 construction season. Please refer to the Commission packet for specific and detailed information regarding these projects.

RJ Corman St. Mary’s Line
Connotton Valley Railway Underpass
Maumee & Western
W&LE River Styx Bridge Repair
W&LE Brewster Yard
W&LE Carey Subdivision
Ohio-Rail Curve Stabilization
City of Medina rail line
WESTCO Stoney Run Culvert
Indiana NE Crossing Repairs
Great Miami Ditching

A total of 14 projects, amounting to over $3.4 million in requests for assistance, have been submitted to the ORDC through November of last year. Staff members analyzed each project and developed recommendations for funding approximately $1 million for 11 of the 14 projects (indicated above). ORDC staff would like to proceed with these projects for the 2004 construction season. Discussion followed. Mr. Jannazo commented on a recent audit finding against the Great Miami where $12,000 was discovered as being owed by the railroad to the city of Jackson. Mr. Jannazo indicated that if this issue is not resolved, ORDC would not participate in any funding for this project until it is resolved. Chairman Betts asked for a motion to approve the 11 projects for assistance. Commissioner Sowers moved to approve the projects and Commissioner Roberts seconded the motion. More discussion followed with Commissioner Sowers withdrawing his motion due to confusion over what exactly was being approved. After further discussion, Commissioner Roberts moved to accept the plan for ORDC proceeding with its process to initiate assistance to the above projects and Commissioner Sowers seconded the motion. The motion was approved. Chairman Betts noted that the vote was not a "binding" approval for funding the projects and that the Commissioners could provide further input into specific projects at the March meeting.

OLD BUSINESS
None.

NEW BUSINESS
None.

PUBLIC COMMENT
Mr. Art Arnold, President of the Ohio Railroad Association, commended ORDC staff on its services to the railroads and communities.

Mr. Bob Boyce, Ohio Association of Railroad Passengers, stood up to voice his concerns over Resolution 04-02 - Section 2 and indicated that the section should read "...........while preserving Amtrak’s long distance trains.

Mr. Robert Oess of the Cambridge CIC commented on their runaround track project and indicated that they will be back next year to request funding.* The CIC’s hope is to run the track through to The Wilds to enhance tourism to the area.

Mr. Ron Jedlicka from the Buckeye Central Scenic Railroad echoed the comments of Mr. Oess and indicated that over 5000 people visited their area due to the train. He noted that the proposed run around track would improve the safety of excursion train operators.

Mayor Don Gadd spoke on the Buckeye Central Railroad and its importance to the community. He is hopeful that the Cambridge CIC’s request for the runaround track will be granted by the Commission soon. Director Seney noted that while ORDC would not consider the Byesville issue as a freight project, that ORDC would be glad to revisit the proposal as a rail tourism/economic development project if it were presented to ORDC as such.

ADJOURNMENT
Chairman Betts asked for a motion to adjourn the meeting. Commissioner Wolfe moved to approve the motion and Commissioner Jackson seconded. The meeting adjourned at 12:25 p.m.

*Note: this project was "declined" by ORDC staff for assistance at this time due to the absence of a freight customer on the line.