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Meeting Minutes Nov 3, 2011

A meeting of the Long Island Rail Road Commuter’s Council (LIRRCC) was convened at 4:30 p.m. on November 3, 2011, at the LIRR East Side Access Readiness Conference Room at 450 7TH Avenue, 20th Floor – New York, NY

The following members were present:

• Gerard P. Bringmann
• Mark Epstein
• Sheila Carpenter
• Ira Greenberg
• Owen Costello
• Matthew Kessler
• Larry Rubinstein

The following member was absent:

• Maureen Michaels

In addition, the following persons were present:

• William Henderson -PCAC Executive Director
• Jan Wells -PCAC Associate Director
• Stuart Desser -Concerned citizen
• Joseph Clift -Concerned citizen

Approval of Agenda and Minutes

The agenda for the November 3, 2011 meeting was approved. The minutes for the October 6, 2011 meeting were approved, as amended.

Chair’s Report

The Chair’s Report is attached to these minutes.

Mark Epstein stated that there are a couple of key items in the LIRR’s pledge to its riders. These include the Rail Road’s commitment to provide estimates of delays, to provide clean restrooms and a clean right of way, and to have conductors walk through the cars during service delays.

Mr. Epstein noted that the LIRR had reversed its decision regarding its ticket refund policy for customers who were unable to use their tickets during the September 29 service disruption caused by a lightning strike. After initially imposing a service charge for refunds of tickets that riders could not use because of the outage, the LIRR is now waiving this fee and will retroactively refund it for tickets that were processed prior to the change.

With regard to issues that the Council raised about the Bellmore train station, Mr. Epstein said that he had been in contact with Councilman Gary Hudes of the Town of Hempstead and that the Councilman has told him that he will either provide the LIRRCC with a resolution of each issue contained in the letter that Mr. Epstein sent the Councilman, or he will tell the Council whom it needs to approach to resolve the outstanding issues.

Mr. Epstein said that the Ronkonkoma Hub project is being supported by a broad group of elected officials, with Senator Schumer it’s most prominent proponent. Sheila Carpenter remarked that she is a member of the Ronkonkoma Chamber of Commerce and that this group had been given a presentation on Ronkonkoma Hub. Mr. Epstein also noted that there are changes to parking plans in the works for the Wyandanch Rising project and that he has asked for details on the changes and has been promised further information.

The establishment of a meeting time for a briefing on the LIRR’s preparations for winter weather was discussed. Hector Garcia said that he would check schedules to find dates for a 3:30 p.m. meeting. Bill Henderson said that he will forward an email to LIRRCC Legislative Committee members to check on dates and times that they would be available for a meeting.

Board Report

Ira Greenberg gave the Board report. He said that at the last LIRR/Metro-North Committee meeting there was a special presentation on the September service outage caused by the lightning strike.

Mr. Greenberg said that in this meeting he asked Ray Kenny about the reason that the LIRR’s performance is worse in the evening rush than in the morning. In response, Helena Williams said that the divergence in performance is due to some major incidents that had occurred in the evening hours.

Mr. Greenberg reviewed the police report that was presented at the LIRR/Metro-North Committee meeting. The report confirmed that crime is up, as reported in Newsday. The rise in crime is largely due to increasing numbers of thefts of smart phones and music players. Mr. Greenberg noted that he had asked how incidents in Penn Station are reflected in the crime statistics. He said that the accounting of crime in Penn Station is not like that at Grand Central Terminal, where all incidents are counted against the Metro-North crime rate.

The overall crime rate is still fairly low, but Mr. Greenberg noted that an increase of a small number of incidents yields large percentage increases.

Old Business

Mr. Epstein asked those members who had attended a meeting on ADA issues at the LIRR to report to the Council on their discussions. Matthew Kessler said that the meeting had included Mr. Garcia and another gentleman from the LIRR. They discussed issues surrounding the LIRR’s reduced fare policy. Sheila Carpenter stated that she has a problem with the Rail Road’s half fare policy related to eligibility requirements for reduced fares. She said that although persons with epilepsy have a disability that prevents them from driving and increases their reliance on public transportation, epilepsy does not establish eligibility for reduced fares on the LIRR. Mr. Greenberg proposed that this issue may be best taken up at the legislative level.

Mr. Kessler and Edith Prentiss of the NYCTRC, who also attended the meeting, both related situations where riders were required to pay full fare because of they did not possess a card that establishes eligibility for reduced fares. Mr. Greenberg suggested that the Council review NYC Transit’s policy and investigate what is mandated in law with regard to reduced fare eligibility.

Mr. Epstein stated that there are efforts being made at the LIRR toward implementing a pilot program to extend the open hours of station waiting rooms. Mr. Garcia said that on November 16 the open hours of the Patchogue and Brentwood stations will be extended until 8pm for six months. Mr. Epstein said that the Council had requested that the Babylon, Ronkonkoma, and Farmingdale stations’ open hours be extended. He asked if the LIRR can particularly look at extending the open hours of the station waiting room in Ronkonkoma, as it is a very heavily used station.

Mr. Garcia stated that there is no guaranteed police presence at these stations and to change the open hours the Rail Road will need to make a change in cleaning schedules. Mr. Epstein asked the members their views on the time to which the Ronkonkoma station open hours should be extended. Gerry Bringmann said that he would like to see the Babylon station open later. He said that there are many customers at this location, and in addition there is often a long wait for a connecting train.

Ms. Carpenter noted that 8:00 p.m. is not a very late closing time for stations when many commuters ride a train leaving Penn Station at 6:00 p.m. or later. Mr. Greenberg said that the Council should be aware of the new schedule starting November 7. Mr. Epstein asked why some service on the Ronkonkoma Branch, which had reportedly been removed to allow for track work to progress, had not been restored, although the track work is completed.

Mr. Epstein said that he, Mr. Bringmann, and Ms. Carpenter will be working on a written proposal to the LIRR to implement a program of extended station open hours.

Mr. Greenberg updated the Council on the status of Long Island Bus. He said that a contract has been signed between the County and Veolia Transportation, subject to approval by the Nassau County Legislature and review by the Nassau Interim Finance Authority, but no one knows for certain what will happen next.

Mr. Epstein observed that accessibility issues at the Pinelawn station remain unresolved. He said that a letter should be sent to both the Pinelawn Memorial Park and the LIRR on this issue.

Mr. Rubinstein commented on the LIRR’s efforts to improve communication with passengers about short trains. He said that there were two meetings scheduled with the LIRR to discuss improvements, but they were postponed because of the service outage caused by the lightning strike.

Mr. Rubinstein said that another issue that should be addressed by the Council is the content of service alert text messages. These messages often identify trains by their station of origin, and this information may not be meaningful to riders down the line. Mr. Epstein agreed that there is a need to organize a group to discuss this topic because LIRR President Williams is looking into issue of what should be in service alert text messages. Mr. Garcia stated that there is a person who is producing these text messages in real time and that this needs to be taken into account.

Mr. Epstein asked Mr. Bringmann if anyone from the Rail Road had followed up with him regarding the incident that he reported where a train overshot the platform at Oakdale. Mr. Bringmann said that he has not heard from the LIRR about the matter.

The Council discussed priorities for service restoration. The members agreed that the LIRRCC’s efforts should focus on restoring the cuts to off peak and weekend service on the Port Washington, Greenport, and West Hempstead Branches and restoring peak hour service on the Long Beach Branch.

Mr. Epstein raised the issue of the LIRR’s ticket policy and asked what the members want to see in terms of ticket validity and refunds. Mr. Rubinstein said that he knows many people who previously bought a supply of tickets in advance, and with the new policies they are unable to do so. He said that a validity period of six months would be acceptable.

Mr. Epstein said that his sense is that the LIRR is not totally opposed to a ticket that would be valid in perpetuity, but that there would have to be a process established to deal with fare increases. Mr. Greenberg said that one way to handle this would be to make tickets expire on or shortly after a fare increase, but he noted that the ticket validity policy was changed in large part because of problems with on-board fare collection.

Mr. Epstein asked the members for proposals for an acceptable ticket validity and refund policy. Mr. Bringmann said that he would like a ticket that has no expiration date but is also non-refundable. Joe Clift noted that New Jersey Transit has tickets that are good forever and that it would not be unreasonable for the LIRR to adopt the same policy. Each of the members agreed that the LIRRCC position will be to support a policy where tickets would retain their original value without expiration, but would be non-refundable. It was further agreed that Mr. Epstein would send a letter to each of the MTA Board Members asking them to work to implement the LIRRCC’s proposed ticket policy changes.

Mr. Epstein asked that members look at the draft Alternate Subway and Bus Information brochure that the LIRR has produced. Mr. Epstein said that he has two issues with the effort: the brochure should be in digital format so that it can be accessed from smartphones or other electronic devices, and supplies of the brochure should be on trains. Mr. Garcia said that he did not know how the LIRR would accommodate these concerns.

Mr. Rubinstein said that he often receives text message alerts before train crews have received information about delays. He asked whether the crew members still have cellphones issued to them. Mr. Garcia said that they do. Mr. Epstein asked whether the Customer Advocate in the control center shouldn’t be getting messages to on board crews so that they can relay them to the passengers, and he noted that if these messages are not getting to the crews, it appears that someone is not doing his or her job. Mr. Bringmann stated he has encountered the same issue and that, as an example, the crew on a train he was riding did not know about a broken rail that had been discussed in text message alerts.

Mr. Bringmann asked whether Mr. Garcia could inquire about a stair problem at the Mastic -Shirley station that he had raised some time ago.

Mr. Bringmann also suggested that the Council keep improving the accessibility of the Mets – Willets Point station in its list of priorities. Mr. Epstein asked if this would be an appropriate topic for the Rail Road’s ADA Task Force. Mr. Garcia said that the accessibility issues at this station have been considered and that there is a design for elevators at the station, but no funding. Mr. Bringmann said that if this is the case the Council should enlist elected officials in securing this funding.

Mr. Rubinstein said that he knew the LIRR hired a monitor to oversee issues related to retirement and disability pensions and asked what progress has been made in this area.

New Business

Mr. Epstein said that Maureen Michaels had wanted some issues to be raised at the meeting. Mr. Henderson reviewed the list of issues that he had received, including the reappearance of a hole in the platform at the Cold Spring Harbor station, complaints that she had received from other commuters at the Syosset, Huntington, Cold Spring Harbor, and Kings Park stations about station maintenance and litter under the platforms, as well as inadequate restroom maintenance. Mr. Henderson said that Ms. Michaels had also asked whether Zip Code entries at Ticket Vending Machines required when using a credit or debit card can be masked on the machines’ displays, and that she had asked for a list of all scheduled trains where service has been merged in the past 2 to 3 years. Mr. Garcia asked for a copy of the issues and Mr. Henderson said that he would send to Mr. Garcia a list of the issues that had been raised.

Staff Report

Mr. Henderson presented a staff report. He noted that there would soon be confirmation hearings for Joseph Lhota as MTA Chairman and asked the members to send to PCAC staff issues that they would like to have raised in the confirmation hearings. Mr. Henderson noted that he and Mr. Epstein had discussed the value of approaching our State Senators with issues that should be addressed in Mr. Lhota’s confirmation process and that the LIRRCC members should participate in developing and framing these discussion points. He said that these issues would be discussed in advance of the hearings with State Senators involved in the confirmation process and that this would give the Council meaningful input into the process.

Mr. Henderson discussed the upcoming Meet the Commuter Council event and said that staff would provide support for the event and be there with the Council members; but that the event’s primary purpose is for the members to interact with individual commuters and to raise the profile of the Council. He encouraged the members to spend time at the event as they are able. Members asked that name badges for the event indicate the area that each of them represents, and Mr. Henderson said that this would be done.

Mr. Henderson also noted that the PCAC had set up a Facebook page and encouraged members to take a look at it. He said that it is another way of getting the PCAC’s and Councils’ messages out to the public and that it has the advantage of allowing the public to comment on items that are posted on the page. The most straightforward way of accessing the page is to search “PCAC” within the Facebook website.

Adjournment

The meeting was adjourned at 6:00 pm.

Respectfully submitted,

William Henderson
Executive Director

Long Island Rail Road Commuters Council
Chair’s Report
November 3, 2011

The month since we last met has been an eventful time for the LIRR and its riders. Most recently, last week saw the arrest of six former LIRR employees and a former LIRR union president, among a total of eleven individuals, in connection with disability pension fraud that may have cost the federal Railroad Retirement system $1 billion. While we understand that the LIRR has no control over the pension fund in question and has cooperated in the investigation of fraud and reform of the system in place, they must be active in the solution to this problem. We call on the LIRR to do all it can to further investigations of other questionable claims and ensure that disability benefits go only to those rightfully entitled to them.
Two weeks ago, we saw the departure of MTA Chairman Jay Walder and announcement of the Governor’s choice to replace him, Joseph J. Lhota. Mr. Lhota was New York City’s Deputy Mayor for Operations under Mayor Giuliani, overseeing day-to-day management of the City, and is known for cost cutting, agency reorganization and consolidation, and implementing performance-based strategic planning. Mr. Lhota was for a several years an MTA Board Member; he is currently Executive Vice President, Administration for The Madison Square Garden Company. He holds an M.B.A. from Harvard Business School, was born in the Bronx, raised on Long Island, and lives in Brooklyn.
Governor Cuomo also announced that Nuria Fernandez will serve as the MTA’s Chief Operating Officer. She is currently the Senior Vice President of CH2M Hill, an engineering consulting firm. She previously served as the Commissioner for the Chicago Airport System and has held executive positions at the U.S. Department of Transportation, the Washington Metropolitan Area Transit Authority, and the Chicago Transit Authority. Ms. Fernandez was among those interviewed by the Governor’s search committee for a new MTA Chairman.
Together with these appointments, Governor Cuomo announced the appointment of Karen Rae to serve as the Deputy Secretary of Transportation. Ms. Rae is currently Deputy Administrator of the Federal Railroad Administration and has previously served as NYSDOT Deputy Commissioner of Policy and Planning, Deputy Secretary for Local and Area Transportation at the Pennsylvania Department of Transportation, Director of the Virginia Department of Rail and Public Transportation, and as director or general manager of several transit systems. Judging from this appointment, it seems likely that this Governor will be more directly involved in the workings of the MTA than has been the case for several years.
On Monday October 10, Senator Charles Schumer called on the LIRR to provide to its customers a bill of rights that it would be expected to uphold and asked the Rail Road to work with the LIRRCC to develop this document. We had extensive discussions and contacts with both the Senator’s office and the Rail Road over the next several weeks, and on October 24 the LIRR released a draft of a pledge to its riders. A copy of the draft pledge is included in your packets today. We provided a number of comments and suggestions in the development of the pledge, many of which the LIRR accepted and incorporated in their draft, and we are ready to work with the LIRR as the pledge becomes a part of the commuters’ experience and continues to evolve.

One of the issues that we raised in the course of discussions on the pledge was the need for alternative travel information for riders affected by LIRR service disruptions. Of course, this Council has been calling on the Rail Road to provide this information for a number of years, as one of many recommendations that we have made to improve customer communication. In the wake of the lightning strike and signal failure, Senator Schumer’s calls for accountability, and the development of their pledge to riders, the LIRR produced a brochure outlining alternative public transportation that can be used when LIRR service is disrupted. You were emailed a copy of the draft document, and it was distributed in the system as well. This is a major step forward, but we want to make sure that this information is as good as it can be and is placed in the hands of riders when it is needed. We have expressed our conviction that this brochure must be kept on board trains and in stations so that it can be handed out in case of major service problems. We have also asked that this information be distributed in electronic form so that riders can place it on a smartphone or other portable electronic device and will have it available when needed.

Another of the Council’s issues, LIRR ticket refund policies, was the center of renewed controversy this month. When lightning disabled the LIRR system on September 29, a number of customers who had purchased tickets for travel in the evening were unable to use them. These riders were then left with a ticket that was valid only until mid-October at the latest, and those who returned the unused tickets for refund were charged a $10 processing fee. While ultimately the LIRR made the decision to waive the refund processing fee and issue refunds to those customers who had been charged, this incident highlights the problems with LIRR refund policy. According to media reports, the LIRR has imposed the $10 fee 15,874 times between January and September of this year, and this does not account for all of those riders who lost the value of their ticket because they would have received either no refund or a minimal refund. It’s clear that the current ticket policy is dysfunctional and changes need to be made. We can discuss possible changes under old business.

At the last several meetings, Larry Rubinstein has shared with us the many issues that are impacting commuters at the Bellmore station and its parking lots. I made contact with Councilman Gary Hudes of the Town of Hempstead, who represents the area around the station. Councilman Hudes is very familiar with the station area and its problems, and in late October I sent him a letter outlining the issues that Larry has reported to us. The Councilman has agreed to look into the station and parking situation and we await his response so that we can move forward.

I also met last month with Barry Kluger, the MTA Inspector General, to discuss areas of concern to the Council. I briefed him on issues that the Council has been working on and offered the Council’s assistance to his office in identifying and investigating issues related to the LIRR.

The Ronkonkoma Hub project, which I’ve mentioned in previous Chair’s reports, is moving forward. Four developers submitted responses to the Town of Brookhaven’s requests for proposals by the deadline last week. The Long Island Economic Development Council submitted this project to the Governor as a candidate to receive a portion of $200 million in State funding that is being made available. The Town Board is expected to choose a developer at its December 13 meeting, and at about the same time Governor Cuomo will announce which of the regional development projects under consideration for state funding have will receive it.

The Wyandanch Rising project has also been moving forward in its design of parking facilities that will be available for commuters and I have requested an update on their progress from the Town of Babylon.

A troubling trend that we’re seeing is the increase in crime at LIRR facilities and trains. While the overall level is not high, the total number of major felonies in the system for the year through September was up 38 percent over 2010. There is no final consensus on the cause for this spike, but we’re continuing to press for increased security measures, including cameras, to ensure that riders are kept safe.

With winter coming on, we will be scheduling a side meeting to discuss the preparations that the LIRR is making for cold, snowy, and icy weather. We will discuss scheduling this meeting under old business today.

As a reminder, our Meet the Commuter Council event will take place from 4 to 7 p.m. on Tuesday, November 15. We will be stationed in the LIRR Concourse of Penn Station just to the west of the ticket windows. Matt Kessler deserves many thanks for arranging this event, and we also appreciate the LIRR including a notice of the event in the last Train Talk seat drop. Our members are the focus of the event, so please plan to be there to meet the riders whom we represent.

Also, please mark your calendars for the December PCAC meeting on December 1, which is just one week after Thanksgiving.