TEXAS TRANSPORTATION COMMISSION
COMMISSION MEETING
Thursday, October 27, 2005 Ortiz Center Nueces Room 402 Harbor Drive Corpus Christi, Texas 78401
COMMISSION MEMBERS:
Ric Williamson, Chairman John W. Johnson Hope Andrade Ted Houghton, Jr.
STAFF:
Michael W. Behrens, P.E., Executive Director Steve Simmons, Deputy Executive Director Richard Monroe, General Counsel Roger Polson, Executive Assistant to the Deputy Executive Director
2 I N D E X
AGENDA ITEM PAGE
CONVENE MEETING 8
Receive comments from area public officials, 14 community and civic leaders, and private citizens. Report by the Corpus Christi District. 69
1. Approval of Minutes of the September 29, 2005, 83 regular meeting of the Texas Transportation Commission
2. Public Transportation 84 El Paso County - Award Rural Transportation Assistance Program funds to El Paso County (MO)
3. Discussion Item Discussion on various Vehicle Title and 88 Registration public outreach and marketing efforts
4. Promulgation of Administrative Rules a. Proposed Adoption Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: (to be published in the Texas Register for public comment) (1) Chapter 17 - Vehicle Titles and Registration (MO) 108 Amendments to ''17.2-17.3, concerning Motor Vehicle Certificates of Title, ''17.21-17.24, '17.28, '17.30, '17.33, and '17.36, concerning Motor Vehicle Registration, '17.54, concerning Automated Equipment, (Registration and Title System), '17.61, '17.62, '17.65, and '17.68, concerning Nonrepairable and Salvage Motor Vehicles, and '17.72, '17.73 and '17.79, concerning Salvage Vehicle Dealers
(2) Chapter 21 - Right of Way (MO) 111 New Subchapter N, Rail Facilities, New '21.801, Acquisition of Real Property, and New '21.802, Disposal of Real Property (relating to rail facilities)
3 (3) Chapter 23 - Travel Information (MO) 113 New '23.13, Links to Community Web Sites from Rest Areas and Travel Information Centers (Travel Information)
(4) Chapter 28 - Oversize and Overweight 115 Vehicles and Loads (MO) Amendments to '28.11, General Oversize and Overweight Permit Requirements and Procedures (General Permits), '28.14, Manufactured Housing, and Industrialized Housing and Building Permits, '28.15, Portable Building Unit Permits (Highway Crossings by Oversize and Overweight Vehicles and Loads) and '28.92, Permit Issuance Requirements and Procedures (Port of Brownsville Port Authority Permits), New Subchapter H, Chambers County Permits, New ''28.100-28.102, Purpose
b. Final Adoption Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: (1) Chapter 7 - Rail Facilities (MO) 117 Chapter 7 - Rail Facilities; Subchapter B, Contracts, New '7.11, Comprehensive Development Agreements
(2) Chapter 15 - Transportation Planning 119 and Programming (MO) Amendments to '15.4, Unified Planning Work Program
(3) Chapter 25 - Traffic Operations (MO) 121 Repeal of ''25.400-25.409, Subchapter G, Specific Information Logo Sign Program and New ''25.400-25.409, Subchapter G, Information Logo Sign and Tourist-Oriented Directional (TOD) Program, and Repeal of ''25.700- 25.708, Subchapter K, Major Agricultural Interest Sign Program
5. Transportation Planning a. Approve the 2006 Statewide Mobility Program 123 (MO) (Draft SMP) b. Approve the Texas Rail System Plan (MO) 126 (Draft Summary) (Draft Plan)
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c. Various Counties - Application for approval 129 to deviate from the terms of the railroad clearance statutes for the following companies (MO): 1. Synsil Product, Inc. 2. Cemex, Inc. 3. Prime Rail Interest, Inc. 4. ConocoPhillips Sweeny Refinery 5. Rohm and Haas Company Bayport Plant
6. Toll Projects a. Bexar County - Consider final approval of 132 a request for financing from the Alamo Regional Mobility Authority to pay certain engineering, legal and financial planning costs to study and analyze competing proposals submitted for the proposed Loop 1604 and US 281 turnpike project and its impacts on other potential elements of a proposed toll system in Bexar County (MO) b. Bexar County - Authorize the executive 136 director to negotiate and develop an agreement with the Alamo Regional Mobility Authority (AlamoRMA) for the planning, financing, and potential design, construction, operation, and maintenance of managed or tolled lanes on I-35 from the Bexar/ Guadalupe County line to the San Antonio Central Business District, managed or tolled lanes on SH 16 west from Interstate Loop 410 to Loop 1604 northwest, and the tolled interchange at US 281 and Wurzbach Parkway, including the license or lease of state-owned right of way to the AlamoRMA for the purpose of developing these potential AlamoRMA turnpike projects (MO) c. Bexar County - Consider the preliminary 137 approval of a request for financing from the Alamo Regional Mobility Authority to pay for certain costs for developing preliminary feasibility, environmental, public involvement, schematics and preliminary financial plans for managed or tolled lanes on I-35 from the Bexar/ Guadalupe County line to the San Antonio Central Business District, managed or tolled lanes on SH 16 west from Interstate Loop 410 to Loop 1604 northwest, and the tolled interchange at US 281 and Wurzbach Parkway (MO)
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d. Travis and Williamson Counties - Accept 149 the General Engineering Consultant quarterly progress report as of August 31, 2005, for the 2002 Project of the Central Texas Turnpike System (MO)
7. Finance Travis and Williamson Counties - Accept the 152 Quarterly Investment Report as of August 31, 2005, for the 2002 Project of the Central Texas Turnpike System (MO)
8. Pass-Through Tolls a. Authority to Negotiate Agreement (1) Galveston County - Authorize the 154 executive director to negotiate a pass-through toll agreement with Galveston County for improvements to FM 646 from FM 1764 to FM 517 (MO) (2) Hays County - Authorize the executive 156 director to negotiate a pass-through toll agreement with Hays County for improvements to various highway projects in the county
b. Authority to Execute Agreement 167 Williamson County - Authorize the executive director to execute a pass-through toll agreement with Williamson County for improvements to various highway projects in the county (MO)
9. Traffic Operations, 176 Dallas, Harris, and Tarrant Counties - Proposed lane use restrictions for trucks on I-20 in Dallas County, I-10 and US 290 in Harris County, and I-30 in Tarrant County (MO)
10. Contracts a. Award or Reject Highway Improvement Contracts (1) Maintenance (see attached itemized list) (MO) 180 (2) Highway and Building Construction (see attached itemized list) (MO) 181
11. Routine Minute Orders a. Donations to the Department 194 (1) Brazos County - Consider a donation from Keep Brazos Beautiful for approximately $30,000 worth of wildflower seeds to be planted on state right of way (MO) 6
(2) Bridge Division - Acknowledge a donation from the Precast/Prestressed Concrete Institute (PCI) for a department employee=s travel expenses to attend the PCI Convention and National Bridge Conference that was held in Palm Springs, California from Oct. 16-19, 2005 (MO) (3) Human Resources Division - Acknowledge a donation from KARRASS for two department employees= registration fees to attend a showcase on a training program entitled, AEffective Negotiating in Your Own Organization.@ The showcase was held in Dallas, Texas from Sept. 15-16, 2005 (MO) (4) Live Oak County - Consider a donation from Mr. Bruce Harvey, a private landowner, for funds associated with upgrading highway fencing alongside I-37 (MO) (5) Texas Turnpike Authority Division - Consider a donation from Infrastructure Journal for a department employee=s travel expenses to participate in the Transportation Investment Forum to be held from November 7-8, 2005 in Glasgow, Scotland (MO) b. Eminent Domain Proceedings 194 Various Counties - noncontrolled and controlled access highways (see attached itemized list) (MO) c. Highway Designations 194 (1) Brown County - Designate a segment of FM 823 along a new location on the state highway system and redesignate a segment of FM 3064 as FM 823 in the city of Brownwood (MO) (2) Kaufman County - Remove a segment of FM 548 from the state highway system and return control, jurisdiction, and maintenance to the city of Forney (MO) d. Load Zones & Postings 194 Comanche County - Revise load restrictions on a bridge on FM 1689 (MO) e. Right of Way Dispositions and Donations 194 (1) Bexar County - Loop 1604 at Huebner Road in San Antonio - Consider the sale of a surplus drainage channel easement (MO) 7
(2) Chambers County - FM 2354 south of FM 565 - Consider the release of a surplus easement (MO) (3) El Paso County - FM 258 (Socorro Road) at Southside Road in El Paso - Consider the sale of a surplus maintenance site (MO) (4) Johnson County - I-35W at FM 917 in Burleson - Amend MO 109998 to revise the value of the consideration for surplus right of way (MO) (5) Travis County - US 183 at Tracor Lane in Austin - Consider the exchange of right of way (MO) (6) Travis County - FM 685 at CR 138 - Consider the release of a surplus channel easement (MO)
f. Speed Zones 194 Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO)
12. Executive Session (none required) 195
OPEN COMMENT PERIOD 195
ADJOURN 196 8
1 P R O C E E D I N G S
2 MR. WILLIAMSON: Good morning.
3 AUDIENCE: Good morning.
4 MR. WILLIAMSON: What do you think, Richard, do
5 it again?
6 MR. MONROE: It's all up to you, Mr. Chairman.
7 MR. WILLIAMSON: Good morning.
8 AUDIENCE: Good morning.
9 MR. WILLIAMSON: Man, we're asleep. One more
10 time. Good morning.
11 AUDIENCE: Good morning.
12 MR. WILLIAMSON: Good morning. It's a great
13 day to be a Texan.
14 It is 9:24 a.m., and I call the October 2005
15 meeting of the Texas Transportation Commission to order
16 here in the Sparkling City by the Sea, Corpus Christi,
17 Texas. It's a pleasure for us to be here this morning and
18 we thank each of you for joining us.
19 Please note for the record that public notice
20 of this meeting, containing all items on the agenda, was
21 filed with the Office of the Secretary of State at 1:55
22 p.m. on October 19.
23 Before beginning today's meeting, we
24 characteristically stop, take a moment, pat our pockets,
25 find our cell phones, iPods, Dewberries, and everything
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 9
1 else we carry, and we ask everybody to put them on the
2 silent or no-ring mode so that we won't disrupt anybody
3 while they're offering testimony. If you will join with
4 me in doing that, I will be appreciative. Thank you.
5 This is officially the sixth time a highway or
6 transportation commission has convened a meeting in Corpus
7 Christi. Interestingly for us, the first meeting was held
8 on July 17, 1920, in the wake of the devastating 1919
9 hurricane. At that special called meeting, the Highway
10 Commission approved $100,000 in state funds to cover 25
11 percent of the cost to reconstruct the causeway. The
12 causeway, as most of you from Corpus Christi will remember
13 in your history lessons, was completely destroyed by the
14 hurricane.
15 In that era, counties were entirely responsible
16 for building and paying for their roads and their
17 transportation infrastructure. As motorized
18 transportation has become more important to the state's
19 economic growth, the federal government has joined with
20 the state government in providing funds for the
21 infrastructure business.
22 This $100,000 in 1920 was an early example of
23 state and local partnerships to solve a local and state
24 problem. The relationship between the state and local
25 transportation officials is a long-standing one, and as
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 10
1 you will learn from the meeting today, continues to grow
2 and evolve.
3 Now, it's our practice to take a commission
4 meeting on the road three or four times a year. It gives
5 us a chance to see firsthand what's going on in different
6 parts of this great state. It also gives us an
7 opportunity to listen directly to the leadership and the
8 citizens of every part of the state as they express their
9 compliments and their concerns about the future of
10 transportation in our state.
11 It is our custom to open our meetings by
12 permitting each commissioner to make a quick comment to
13 the audience and then proceed with our agenda. So with
14 your indulgence, Commissioner Houghton.
15 MR. HOUGHTON: It's a lonely way down here, the
16 far left, far right, depending on your perspective. It's
17 a beautiful facility, and to the hospitality by the
18 citizens and the employees of Corpus Christi, I thank you.
19 This has been a marvelous couple of days, and we look
20 forward to this meeting.
21 And to the leadership in this community,
22 there's a lot of great things happening in your court, as
23 demonstrated yesterday, and in the state of Texas many,
24 many things are going to happen in the next couple of
25 months that will be very profound.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 11
1 And I thank you again for your hospitality.
2 MS. ANDRADE: Good morning. I'd like to also
3 thank you all. Craig, last night was an incredible
4 evening with our staff. We truly enjoyed ourselves, and
5 you made us all feel so special. So thank you, City of
6 Corpus Christi, the hospitality that we have received
7 during this trip has been incredible. Thank you so much.
8 I applaud you and I congratulate you for such a
9 community that works together, and that understands the
10 challenges that we face and are willing to step up and
11 take advantage of the many tools that we have.
12 Thank you all for coming to listen to our
13 commission meeting and what we discuss here, and for
14 helping us keep moving transportation forward in Texas.
15 Thank you.
16 MR. JOHNSON: My turn?
17 MR. WILLIAMSON: Yes, sir.
18 MR. JOHNSON: First of all, a note of apology.
19 Craig, I know the district went to great ends for a fun-
20 filled, informative day yesterday, and I apologize for not
21 being here. I attended a baseball game last night and I
22 just heard on the news that the Astros bat rack was
23 examined this morning and they found a termite
24 infestation.
25 (General laughter.)
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 12
1 MR. JOHNSON: It was a great thrill to have a
2 World Series in Texas and in your hometown, and so I had
3 to avail myself of that opportunity, and unfortunately
4 wasn't here to partake in the hospitality of the district.
5 But as the Chairman alluded to, being in the
6 Sparkling City by the Sea is a great treat. I've come
7 here often as an adult, came here more as a child, and
8 it's wonderful to see what's happened here in terms of
9 community involvement, as Hope referred to, and getting
10 things done. This is really a gem. If there's a better
11 example of the success in multimodal challenges around
12 these United States, I would be surprised.
13 Congratulations to each and every one of you
14 for what you do and have done to get us where we are, and
15 of course, for what you will do to get us even in better
16 shape. Thank you.
17 MR. WILLIAMSON: And I'd like to associate
18 myself with those same remarks, Craig, to you and your
19 staff. It was a fun time last night, and we appreciate
20 the hospitality shown by yourself and earlier in the day
21 by the business leadership in welcoming the commission to
22 the city.
23 Let me remind you that if you wish to speak
24 during the commission meeting this morning, we have a
25 system -- we're an engineering firm at heart, so we've got
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 13
1 plans and procedures and a system for everything -- we
2 have a system for testimony.
3 If you are going to comment on an item that's
4 on the agenda, I need for you to fill out a yellow card,
5 and you'll find one of those in the lobby, and please take
6 time to tell us what item you're going to comment on.
7 If you want to comment in the open comment
8 period on just whatever is on your mind, please fill out a
9 blue card, and you can find those in the lobby.
10 We normally in our meetings in previous years
11 proceeded with the local presentation and at that time
12 recognized local legislators. For those of you who are
13 not aware, I did have the privilege of serving in the
14 legislature for 13-1/2 years, and it's my habit to first
15 permit sitting members of the legislature to speak if they
16 so choose. If they choose to be part of the program, then
17 that's their choice, but having been through the ringer,
18 I'm tremendously respectful of the time and the effort men
19 and women have to put into serving on the legislature, and
20 so I place their remarks at the highest top of the list
21 for attention, and I always try to operate on a seniority
22 basis, so I think Vilma is more senior.
23 MS. LUNA: We'll all come together if you'll
24 allow us.
25 MR. WILLIAMSON: You are a legislator, madam.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 14
1 Whatever you want is okay with us. Ms. Luna, Mr. Seaman
2 and Mr. Herrero.
3 MS. LUNA: And actually, you just forgot to
4 mention that Senator Chuy Hinojosa is right here standing
5 shoulder-to-shoulder with us, and in fact, does send his
6 regards and regrets that he's not able to be here.
7 First of all, I am Vilma Luna, State
8 Representative of District 33 and welcome each and every
9 one of you, Mr. Chairman, Commissioner Johnson,
10 Commissioner Andrade, and Commissioner Houghton. We are
11 so pleased to have you here and I know that it is a
12 tremendous amount of time and energy out of your very busy
13 schedules to come here, but we really welcome you.
14 I have been very lucky in my life -- and I
15 always share this with you guys and your staff knows
16 this -- but our family has a real direct link to TxDOT.
17 My grandfather worked for the State Highway Department for
18 45 years on a road crew, and as a matter of fact, I was
19 reminiscing with some of the staff this morning about it
20 was not unusual that one of our weekend outings would be
21 going from highway marker to historical marker to highway
22 marker because he was so proud, as were many of the other
23 gentlemen that worked with him on that crew, to show us
24 the work and so proud of the maintenance and the upkeep
25 that they did on roads and bridges throughout this entire
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 15
1 area. They had a big territory.
2 But more important is the work that you guys
3 now do, and we want to thank you. I know that you are
4 very focused on the needs of this region. I am very
5 heartened every time I hear you speak, Mr. Chairman and
6 the rest of you all, to hear you talk about what we're
7 going to look like in 35 years, in 35 years we won't have
8 the congestion, in 35 years we will have done our part for
9 air quality, in 35 years, in 35 years, and so on. But
10 it's not just looking down there, we're looking at all the
11 steps in between now and then, and I want to thank you all
12 very much for being so forward-thinking.
13 We have worked very closely together on
14 appropriations. As vice-chair of Appropriations and
15 sitting on LBB, I think I know your budget inside and out.
16 If there's any little thing I've missed, you know what,
17 Mike, brings it to my attention pretty quickly. So not
18 only does Mike and all the rest of your staff, but your
19 field staff do a tremendous job.
20 So we as a delegation would like you to know
21 that we appreciate very much the work that you're doing,
22 and ask you to please pay special attention to the needs
23 of our region. We have done our part. I think we are
24 being very forward-thinking in how we're trying to use our
25 dollars and our resources, be partners -- which is what I
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 16
1 consider us. I think you all are partners with us as
2 legislators; our local community wants to be a partner
3 with the state in making sure that we make the best use of
4 all available resources and be very forward-thinking and
5 creative.
6 And we do have an outstanding staff in this
7 region. Frankly, I think we have an outstanding staff
8 throughout the state of Texas, it's not just because my
9 grandfather was there all those years that you all have a
10 special place in my heart, but I do think that you've got
11 an outstanding staff, individuals that do not only a lot
12 of work for TxDOT but incredible work for the community,
13 such as Cliff Bost, who is my son's soccer coach.
14 And so thank you and welcome.
15 (Applause.)
16 MR. SEAMAN: And I echo what Vilma said. In
17 fact, when we came up, I said, Can I carry your purse?
18 Being the vice-chair of Appropriations handles the money,
19 I always want to carry her baggage.
20 As Murdock said, we're going to go from 22- to
21 44- in a couple of decades, million, and if we don't do
22 education and taxation -- this is from Sharp last week for
23 a session on the tax bill, and John Sharp, and education
24 and taxation but most of all transportation.
25 Thank you for being here, I commend you for
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 17
1 what you're doing, I support your goals. Thank you.
2 MR. HERRERO: Mr. Chairman and members, I'd
3 also like to reiterate the welcome. It is extremely
4 important, not only for Corpus Christi but also the
5 region, the issues regarding rail and port issues and also
6 highway.
7 And as Vilma mentioned, we are members of the
8 transportation industry. I worked for the Highway
9 Department also one summer, and so I cut brush under
10 highways, I poured sand on the hot asphalt as it was
11 beading on the highways, and so I understand the hard work
12 that it takes both in the field and behind the desk where
13 you work, and I understand the responsibility and the
14 dedication that all of you have as commissioners.
15 I'd also like to commend the work that your
16 executive director has done. Just in the short time that
17 I've been in the legislature, he's done a tremendous job,
18 and I want to thank him for the great work that he's done,
19 as well as your local district offices here, Craig Clark
20 as well. But I want to thank you, especially, because I
21 understand the significance and the importance that you
22 give to the commission and also that you bring to the
23 state of Texas. Thank you.
24 MR. WILLIAMSON: Thank you. We appreciate your
25 comments.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 18
1 (Applause.)
2 MS. LUNA: I'm sorry. Did you have a question
3 or a comment?
4 MR. HOUGHTON: No. Go ahead.
5 MS. LUNA: I was just going to say I'm calling
6 an emergency delegation meeting down the street, and so we
7 will allow you to go forward with your work and get out of
8 your hair, figuratively speaking.
9 MR. HOUGHTON: I'll let you go ahead, Ric, and
10 respond to that.
11 MR. JOHNSON: Thanks so much for searching for
12 our hair.
13 MR. HOUGHTON: Well, she obviously wasn't
14 referring to me.
15 (General laughter.)
16 MR. JOHNSON: Representative Luna, thank you
17 for everything that you said. I also wanted to thank you,
18 the last time our paths crossed here, I wasn't disheveled
19 but my tie was not exact, and you were nice enough to get
20 me more neatly dressed, and I remember that and I thank
21 you for it.
22 MS. LUNA: I've got to keep you looking good.
23 MR. JOHNSON: Well, I need a lot of help.
24 MR. WILLIAMSON: Ted?
25 MR. HOUGHTON: Representative Luna and I have a
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 19
1 common goal down in this part of the world and in El Paso,
2 and I look forward to working with you not only that but
3 the transportation issues. And Abel and Gene, thanks for
4 your support. It's something we take note of. Thank you.
5 MS. LUNA: Thank you all very much.
6 MS. ANDRADE: Thank you also so much.
7 Representative Luna, I had the pleasure of meeting you
8 last year, and I was touched by your story of your
9 grandfather working for TxDOT, but I have to tell you that
10 you're absolutely right, we cannot do this by ourselves,
11 we need partners and supporters, and you certainly have
12 been that, all three of you. So thank you for your
13 leadership, and I'm just looking forward to working
14 together with you all. Thank you.
15 MR. WILLIAMSON: Anything more, John?
16 MR. JOHNSON: No.
17 MR. WILLIAMSON: You know, I said this
18 yesterday to a slightly different audience, and I take
19 great pleasure in saying it to anyone who will listen: we
20 do not waste our time saying thank you to legislators,
21 past or existing, who do not understand the importance of
22 transportation, we just stay silent. When we have the
23 opportunity to address the legislators who understand
24 transportation, we never pass up that opportunity.
25 When Rick Perry sent me to the commission, he
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 20
1 reminded me there are no Democratic highways, there are no
2 Republican bridges, there are no Liberal right of ways,
3 there are no Conservative parking lots, transportation is
4 for all Texans, and we maintain that here at the
5 commission.
6 And in your representation, particularly with
7 Ms. Luna and Mr. Seaman, who I served with -- and Abel is
8 going to get tired of me saying this, when I get to serve
9 more with him, I'll understand him better, but he appears
10 to be the same way -- they understand the importance of
11 transportation, and we could not be where we're going to
12 be in 35 years if we didn't have you on the legislative
13 side as our partners, and we're very appreciative of your
14 leadership. You're to be commended for what you've done
15 for transportation in the last six years.
16 Thank you for being here, and we'll take care
17 of our business.
18 MS. LUNA: Very good. Thank you.
19 MR. WILLIAMSON: Okay, thanks.
20 (Applause.)
21 MR. WILLIAMSON: Mike?
22 MR. BEHRENS: Thank you, Mr. Chairman. We'll
23 begin today by introducing Craig Clark who is our district
24 engineer for the Corpus District, and he will lead the
25 district's delegation and then introduce the local folks
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 21
1 that have been our hosts and who are part of the backbone
2 of transportation here in the Corpus area. Craig?
3 MR. CLARK: While we're trying to find our
4 presentation, I would also like to recognize our local
5 political delegations who are so valuable to us and do
6 such good work for our area. We also have Esther Oliver
7 from Congressman Solomon Ortiz's office here with us, and
8 Sondra Zuniga with the office of Senator Chuy Hinojosa.
9 MR. WILLIAMSON: Well, Craig, while you're
10 looking for your CD, let me speak for the commission to
11 the young lady representing Congressman Ortiz.
12 Now, you don't need to hear me say it but
13 everyone else does. We consider Congressman Ortiz one of
14 the best transportation congressmen in the United States
15 Congress. He understands transportation to the level that
16 most people can only dream of. We're very grateful for
17 his service.
18 MR. CLARK: While we continue to look, we have
19 a team atmosphere in our community.
20 MR. WILLIAMSON: Are you going to try to read
21 it, Craig?
22 MR. CLARK: We recognize that Commissioner
23 Johnson was called up to the big show last night and
24 couldn't be with us at our event that we had with the
25 commission, but to make up for that and recognize him as
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 22
1 part of our local team, I would like to approach the dais
2 and provide Commissioner Johnson with this jersey for the
3 Hooks.
4 (Applause.)
5 MR. WILLIAMSON: We wish that he was really
6 called in to play and maybe we could have a little better
7 offense last night and made some more history.
8 MR. JOHNSON: Craig, I was at a Hooks game in
9 June -- I believe it was June -- and there was eleven
10 innings of free baseball, they played 20 innings that
11 night, and what an experience. This is great for the
12 community, Whataburger Field and the Hooks, a great family
13 atmosphere, and for the price of entertainment today,
14 there's no better value, and I had a fantastic night.
15 And I'm deeply appreciative for this; in fact,
16 I'm going to put it on. You can only wear one hat but you
17 can wear many jerseys. Where's Representative Luna when I
18 need her?
19 (General laughter.)
20 MR. JOHNSON: Send me in, Coach.
21 (Applause.)
22 MR. CLARK: Commissioners, we're going to
23 continue on with our team report, and I would like to
24 begin the first part of our presentation for our district
25 with the very durable city manager for Corpus Christi,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 23
1 Skip Noe.
2 (Applause.)
3 MR. SKIP: I have to admit I've been called
4 many things but durable has not been on the list. Thank
5 you, Craig.
6 Mr. Chairman, members of the commission,
7 members of the staff. Good morning and welcome to Corpus
8 Christi. We're very pleased you're here. We're very
9 excited to have the opportunity to share with you some of
10 the things that are happening in Corpus Christi.
11 Before I start, I really want to thank Craig
12 and his staff. This is about team work and we do have a
13 great working relationship with your folks here at the
14 district office. They work with us every day, day-in and
15 day-out, on all those little problems, making sure that we
16 get things done here in Corpus Christi, and we appreciate
17 the great relationship we have with the staff here.
18 You had an opportunity, a number of you, to
19 tour a number of things that are happening in Corpus
20 Christi yesterday, and we're going to take a minute today
21 to share some of the things that are happening.
22 You'll find two words in our vocabulary here:
23 one is investment, we're investing in our future; the
24 other is partnership, virtually all these projects we're
25 working on here have a partner we're working with, either
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 24
1 at the state or federal or local level.
2 This map shows you the five areas we cover just
3 so you can get a sense of the geography of the various
4 areas where there's been significant investment, and we'd
5 like to talk about them just for a few minutes.
6 We've been fortunate that the community and the
7 leadership of the community and the voters have been
8 willing to invest in our community for the last six years.
9 Beginning in 1999 with the decision in our airport, over
10 $30 million, a new terminal, reconstructed runways, new
11 parking areas, a new tower, all resulting in a
12 reinvigoration of our airport.
13 In fact, we were able to announce this last
14 week that for the first time in many, many years we'll
15 have international service out of the Corpus Christi
16 International Airport to Monterrey starting November 21.
17 The partnership with TxDOT, the JFK Causeway,
18 that improvement is significant to Corpus Christi, and we
19 learned that no better than this last hurricane season
20 when for the first time in the EOC we weren't sending
21 staff members out to check the level of the water over the
22 causeway to see if we could get folks off the island.
23 That improvement made a significant difference for folks
24 who live on the island, their ability to get out of the
25 way of those kinds of storms and disasters we've seen this
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 25
1 year.
2 A number of bond issues. In 2000 the voters
3 approved $30 million worth of improvements, as well as two
4 sales tax-supported propositions that paid for
5 improvements to the seawall and the marina.
6 The Packery Channel project, the decision, in
7 partnership with the Corps of Engineers, the General Land
8 Office and a number of others, to build the Packery
9 Channel project which has been on the agenda here in
10 Corpus Christi for many years, a partnership effort, $30
11 million.
12 The convention center expansion. Recognizing
13 that tourism is part of our future, reinvigorating our
14 convention center, a $25 million expenditure funded
15 predominantly from the hotel tax.
16 You all got a chance to take a peek at
17 Whataburger Field last night, our $29 million project, a
18 joint venture with not only Ryan-Sanders Baseball but also
19 the Port of Corpus Christi, the landowner and our partner
20 in the parking and development of that area.
21 Marina improvements. There's a big demand for
22 marina slips and a need to improve our facilities there.
23 We have our own Riverwalk, only it's called the Bayfront.
24 We're investing in new slips and facilities to support
25 our folks who have boat slips in the marina.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 26
1 And then lastly, in November of 2004 the voters
2 approved another $95 million in capital improvements all
3 intended to invest in our long-term future.
4 The Bayfront is obviously important for Corpus
5 Christi because of our tourism base, and this shows you a
6 number of the projects that we've been involved with, the
7 top being the arena on the left with the convention center
8 on the right, Whataburger Field -- and by the way, it did
9 exceed 500,000 fans this past year, which was a feat
10 that's only been accomplished several times in minor
11 league baseball.
12 In the middle there at the bottom you see the
13 marina facilities we're constructing, and then the
14 seawall.
15 The Packery Channel project, a major investment
16 on our part, $30 million, $20 million from the Corps of
17 Engineers, the federal government and $10 million funded
18 from a tax increment district on the island, causing and
19 spurring significant potential growth and real growth in
20 our community. To the right you see the channel itself
21 that cuts through to connect the Gulf of Mexico with
22 Laguna Madre, and the area in front of the seawall on the
23 island is being restored with the dredged sand material.
24 There's an opportunity there for significant development
25 and we're seeing that development occur.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 27
1 On the left you see a bigger picture of the
2 island itself. In the upper part of that picture you see
3 the JFK Causeway and the bridge over the Intracoastal
4 Waterway.
5 As this development occurs, we see continued
6 interest in looking for opportunities for a second
7 crossing in connection to the island as we try to deal
8 with the growth that occurs there.
9 Texas A&M Corpus Christi is part of our
10 foundation for our long-term future. It's the fastest
11 growing regional university in the state. They've seen
12 significant growth and development on the campus, and as
13 you might suspect, with the campus being an island of 240
14 acres, they're starting to run out of room.
15 There's a partnership developing with the city
16 and the university and the community on how we can assist
17 them to make sure they will continue to be able to grow in
18 the future. Part of that involves looking for
19 opportunities to develop off-site, either spinning
20 projects off the campus into the community or other sites
21 for development of university facilities.
22 One of those is a project that we hope to bring
23 to the commission soon. This is a picture of one of the
24 opportunities is a private developer who is willing to
25 donate property the university could use if Spur 3, which
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 28
1 is currently under construction by TxDOT, is extended
2 southward from 358 to 357, creating an opportunity to have
3 a connection to that property.
4 To assist the university in this effort, the
5 council has authorized an application for a pass-through
6 toll financing project that we submitted this last week,
7 and we're looking forward to having the opportunity to
8 discuss that with your staff over a period to accomplish
9 this important project.
10 The south side of Corpus Christi has seen
11 significant growth. What you see here is a facility near
12 the intersection of SH 357 and Farm to Market 2444. We're
13 fortunate enough to have the opening of the first HEB Plus
14 store, a store of over 180,000 square feet, a new concept
15 for HEB.
16 The good news is the great facility is
17 attracting lots of shoppers; the bad news, you might
18 suspect, an already congested intersection continues to
19 see growth and pressures. We know congestion management
20 and dealing with traffic is going to be a significant
21 issue on our south side as we deal with the growth that's
22 occurring there.
23 As we look to the future, the community is
24 committed to economic development. One of the things that
25 comes out repeatedly in all of our surveys is the high
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 29
1 priority on growing our economy and providing jobs for our
2 future. We recognize we need to take advantage of a lot
3 of the options we've been given by you and the legislature
4 to fund these kinds of projects and we're working on
5 those.
6 We're working to manage our congestion and
7 that's a bit of a challenge, but we know we need to do
8 that for the future and do it in advance of development.
9 And then lastly, with this hurricane season
10 we've spent a lot of time looking at the impact of storms
11 and potential storms on our ability to evacuate. Our
12 evacuation this last September with Hurricane Rita went
13 very smoothly, but we learned some lessons and -- the best
14 dollar of the day to assist us in the event of a
15 hurricane.
16 At this point I want to turn the program over
17 to Ruben Bonilla, the chairman of the Port of Corpus
18 Christi.
19 MR. HOUGHTON: I've got one question. What's
20 the enrollment at the university here?
21 MR. NOE: About 8,300.
22 MR. BONILLA: Good morning, Mr. Chairman. I
23 have the opportunity of introducing to you one of our
24 commission members for our presentation on the port, but I
25 first wanted to acknowledge fellow commissioner Mike
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 30
1 Terrell who is here. Mike is secretary of the Port
2 Commission, and I believe other than Commissioner Hawley,
3 we may not be graced with the presence of other
4 commissioners.
5 I did want to assure you that as we coordinated
6 your trip and visit with the World Series when we planned
7 this several months ago, we anticipated this Astros
8 rebound and we were assured of a sweep so that we could
9 celebrate today, but we forgot to tell them we wanted an
10 Astros sweep.
11 (General laughter.)
12 MR. BONILLA: But it is true what you said
13 earlier, there is a little bit of a problem with offense
14 in Houston, and we attribute that here in the Port of
15 Corpus Christi to their problem with air quality. As you
16 know, we have a significant competitive edge here at the
17 Port of Corpus Christi, we have no problem with air
18 emissions, we have clean air, clean water, abundant
19 transportation arteries, and I think it all goes to the
20 issue of congestion and poor air quality in Houston.
21 And when you think about, the Houston Texans
22 have also got trouble with offense. They're also zero-
23 and-six or so. In fact, I don't know if you heard about
24 the anthrax scare that happened on the Houston Texans
25 practice field and they found a white powder and they
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 31
1 called in the FBI just two days ago. And the FBI arrived
2 and conducted a complete investigation, and of course, the
3 coach suspended practice while they did that
4 investigation.
5 They took it to the lab real quickly in
6 downtown Houston and then discovered that white powder was
7 actually the goal line chalk. That's why the Texans were
8 petrified because they hadn't seen that white powder all
9 year long.
10 (General laughter.)
11 MR. BONILLA: Well, that's just a mild-mannered
12 introduction. If it was a bad joke, blame Judy Hawley.
13 MS. HAWLEY: I thought it was a bad joke too.
14 (General laughter.)
15 MR. BONILLA: With all due respect to our
16 president.
17 The Port of Corpus Christi, Mr. Chairman and
18 members of the commission -- and my remarks are going to
19 be very brief because I don't want to duplicate Judy's
20 presentation -- we have a strategic vision that results
21 from our decision several years ago to diversify our
22 mission.
23 As you know, historically the Port of Corpus
24 Christi arose really from the debris and the tragedy of
25 the hurricane of 1919, that hurricane which moved inward,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 32
1 to the development of the Inner Harbor with the vote and
2 the endorsement and encouragement of our citizens, and it
3 began as an agricultural port, made a transition to a
4 petrochemical giant to where now we're the sixth largest
5 port in America in terms of tonnage.
6 We provide 90 percent of the gasoline that is
7 provided to the city of Austin via pipeline. We provide
8 about 56 percent of all diesel and jet fuel that's
9 consumed at DFW Airport, also by pipeline. So that its
10 importance strategically and economically is vast, and
11 therefore, that's why we've placed so much importance on
12 strengthening our security subsequent to the 9/11 tragedy.
13 With the help of federal and state grants, we believe we
14 are well positioned to protect our assets and to prosper
15 in the future.
16 So that's what Judy will set out for you is how
17 our diversification program is vital, is vibrant, it also
18 depends on seamless transportation arteries both by rail,
19 by road, by water. And we are appreciative to you for your
20 support in helping us carry out this mission, and we're
21 gratified that the community of the Coastal Bend has also
22 endorsed our efforts.
23 Lastly, I would say that Judy's presence on the
24 commission has transformed us and allowed us to be more
25 visionary, because we have taken the navigation district,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 33
1 the port authority into San Patricio County. This was a
2 result of legislation passed only a few years ago. Some
3 people were cynical about that, but what it has allowed us
4 to do is to position the Port of Corpus Christi into
5 greater growth, and we believe that the future growth and
6 prosperity of the port and the Coastal Bend is going to
7 extend far beyond the borders of Nueces County into San
8 Patricio County because of our assets at Naval Station
9 Ingleside which reverts to the Port of Corpus Christi, the
10 development of our container terminal and the elevation of
11 the Harbor Bridge, to name a few, that link us not as two
12 counties, eliminating those artificial boundaries, but as
13 one region that's going to provide great job creation for
14 the state of Texas.
15 Without further ado, let me call upon
16 Commissioner Judy Hawley to provide some highlights.
17 MR. WILLIAMSON: Thank you, Mr. Chairman.
18 MS. HAWLEY: Thank you. While we have this
19 slide up, I would like to just show you the parameters of
20 the navigation district now. You can see that the Port of
21 Corpus Christi really wraps around, it's kind of encircled
22 in that area, the blue area that's sort of like a
23 triangle. The Port of Corpus Christi literally has ship
24 channel going through San Patricio County and then coming
25 on into the Inner Harbor. So it is a greatly expanded
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 34
1 port and port jurisdiction, and a lot of that is what
2 we're going to talk about today.
3 You see the visual, this really does wrap all
4 the way around Corpus Christi Bay.
5 We'll go to the next slide which is one of our
6 first real successful joint ventures, and actually, this
7 was a first for TxDOT as well: the Joe Fulton Corridor
8 and the rail corridor.
9 What the Joe Fulton Corridor has done is it
10 has -- and I know some of you traveled it yesterday as you
11 came in early before the reception -- what it does is it
12 opens up 4-1/2 miles of deep water frontage on certainly
13 the largest tract in Texas and maybe one of the largest
14 tracts available in the United States.
15 What that does for us -- and you know how
16 timely this is with the events of the last few months --
17 is that is land, 1,200 acres that is eminently suitable
18 and appropriate for expanded refinery capacity, and deep
19 water right there, the infrastructure is already in place,
20 rail is going in, so you've got the pieces that are
21 already there, and you have partnered with us in making
22 this happen.
23 This was your largest project -- and Mike, you
24 were intimately in on this when we pulled this together,
25 and Billy Parks as well -- it's the largest project where
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 35
1 you have had a public entity be involved on the
2 contracting and project management and the engineering,
3 and it was one of those that just worked so successfully,
4 in record time, and with just tremendous trust between
5 TxDOT and the Port of Corpus Christi with our engineering
6 department led by Frank Brodie who has done such an
7 exemplary job with the management of this project.
8 Not only does this project open up huge assets
9 for the United States, for the state of Texas and for the
10 Port of Corpus Christi with the refining capacity, but it
11 also provides opportunities for some expanded trade, even
12 some spillover of the container trade that we're
13 anticipating once we have the La Quinta Trade Terminal
14 open.
15 Not only was it an engineering partnership that
16 was so eminently successful, but it was also a funding
17 partnership, and you can see that the very sources of
18 funds, just like all projects today, you just have to
19 cobble together the pieces wherever you can find them.
20 Local funds, federal funds, state funds, and the Port of
21 Corpus Christi actually put up half of the cash involved
22 in this project.
23 Those of you that travel that corridor can see
24 how close we are to being able to develop that and
25 actually have that materialize into some economic gains
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 36
1 for the state of Texas and certainly handle some of our
2 strategic refining capacity needs.
3 The La Quinta and Port-to-Port corridor has
4 been a project we've really worked on for the last ten
5 years, really before the container trade increased so
6 exponentially. And we've talked about that before with
7 the commission with the China trade, Far East trade, CAFTA
8 and NAFTA and lots of reasons for that happening, what's
9 happened at LA-Long Beach and on and on and on.
10 A couple of statistics that I'd like you to
11 just sort of hold in your back pocket, because I think
12 they are significant, is that in ten years the population
13 of both California and Texas together will increase to 65
14 million. In that same ten years, we are anticipating that
15 the container traffic coming into the United States -- and
16 this is really amazing -- will increase by 40 percent.
17 And to put that in just real terms from where we are right
18 now, in ten years that means we will need 12 more
19 Houstons, the capacity of 12 more Houstons to handle that
20 increased container traffic.
21 So it lets you see how timely we are and how
22 well positioned we are with the La Quinta Trade Corridor.
23 We have a lot of the infrastructure in place; we have the
24 permitting; the financing is in the Worther bill in front
25 of Congress right now, the parts that we don't have are
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 37
1 the parts where we have opportunities for partnerships
2 with you all, and that is capitalizing on that container
3 facility and linking it to our other corridors in
4 Mexico -- we're handling the water part, but the corridors
5 in Mexico and then the corridors on up into San Antonio
6 and points north, into Houston as well.
7 One of the advantages of having two container
8 facilities in Texas is it allows Texas to grow
9 exponentially. Houston does a great job, Houston is
10 expanding; Houston does not have the ability or the
11 capacity to handle all of the volume that's out there.
12 Chairman Williamson mentioned, I think last
13 night, if you go to Mobile, if you go to somewhere in
14 Louisiana, if you go to Florida, that trade is going to
15 come into the Gulf of Mexico, and we as Texans need to
16 capture that. Huge opportunities for export/import, huge
17 opportunities for expanded business opportunities, and
18 certainly more jobs.
19 The NASI redevelopment, as you know, we fought
20 a valiant fight to keep Naval Air Station Ingleside under
21 the Port of Corpus Christi. All the communities joined
22 together, it was a huge fight for us to keep that naval
23 facility in this area. We did not prevail. The Navy and
24 DOD decided to disseminate those assets to both coasts.
25 But there is the issue of the property which is
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 38
1 on a deep water ship channel, and the port is one of those
2 very few entities in the history of DOD which has
3 reversionary rights, and what that means is that we get
4 the right of first refusal. It's all in the details and
5 working out if there are going to be dollars associated
6 with that and what those dollars will be.
7 But the port, just as Austin was -- just as
8 actually Mobile was, Staten Island, there's just a handful
9 of examples, Pascagoula now is in that same position,
10 where instead of having to go through the public
11 conveyance process which is very time-consuming, you have
12 this option of just reverting back to this single entity
13 point of contact and then they can go ahead and handle
14 shift of the assets.
15 We're in that position in the Port of Corpus
16 Christi right now, and in that capacity we see that there
17 are many opportunities in that property, many of them
18 still militarily related. Before the BRAC, we had the
19 Coast Guard very interested in being there, the Army
20 Reserve wanted to put warehousing there, Military Sea Lift
21 wants to be there.
22 You know, you have partnered with us in a lot
23 of ventures to try and make us more military compliant for
24 the efficiency coming in, especially from Fort Hood and
25 Fort Bliss. That's another opportunity to handle that
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 39
1 military deployment there.
2 There are a number of other commercial
3 opportunities that avail themselves of that property. The
4 key to that is getting rail into there, and we were
5 working very closely with the Governor's Office as we were
6 going through the BRAC process about how to make that
7 property more military suitable, and part of that was to
8 bring in rail. We're still following that, looking to
9 bring that rail corridor in, working with the Governor's
10 Office, working with you all.
11 There are a number of options about how it
12 might be best to do that, but that rail into the La
13 Quinta/Ingleside area is critical for some of the economic
14 and certainly the military options that may be available
15 with that particular piece of property. So we'll continue
16 to visit with you on that.
17 Parlaying on this, I think you saw -- if you
18 haven't, please step out on the apron outside and you'll
19 see one -- again another deployment, and it's so
20 interesting to watch the loading of the material that's
21 heading over to Iraq.
22 We've played a huge role in this and we'll
23 continue to play a huge role, and I think you've been
24 briefed on this before, but with the relocation of a lot
25 of the force that were in Europe over back to Texas, Fort
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 40
1 Bliss has had a huge increase, Fort Hood as well, and a
2 number of those have just sort of funneled down into the
3 Gulf Coast, the Port of Beaumont and the Port of Corpus
4 Christi are going to have an even larger role in
5 deployment.
6 Even as the war winds down, we're still going
7 to have those military deployments for exercises, and we
8 are ramping up. We've invested a lot of our own dollars
9 into building some expanded apron space and staging areas,
10 and you all have come in and helped us. And this is a
11 huge success story because this is about not only doing
12 what's right to make things happen, this is about being
13 American.
14 What you all helped us do with this, and not
15 only did you help us find a way to fund it through some
16 dollars that we managed to move some dollars from one
17 project to another project and it's really been such a
18 creative way to handle problems of strategic importance,
19 but what we have done is we've been able to do it fast
20 enough to make a difference.
21 We started talking to you less than a year ago
22 about the extreme need to get expanded rail into the Port
23 of Corpus Christi so that we could deploy quicker. And
24 with this rail, $5.2 million that you have helped us work
25 through, with that rail expansion -- which will be
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 41
1 completed by the first of next year, of 2006 -- we will be
2 able to handle those military deployments twice as fast as
3 we've been able to up to this point. So tremendous
4 investment being able to deploy that material through here
5 much, much faster.
6 So thank you for that partnership, thank you
7 for being responsive, and on top of that, it's the right
8 thing to do. And you talk about economic development,
9 what greater partner do we have in Texas than the
10 military. The military is a huge economic partner as well
11 as being good friends, good neighbors and a vital part of
12 what happens in our state.
13 Another project that we have on line with the
14 port is the channel improvement project. What we have
15 now, if you watched the exercise, if you watch ships pass
16 in our ship channel, it's narrow for them to especially
17 pass. They call it Texas Chicken where they have to
18 literally kind of sidle up close to each other and pass.
19 Fortunately, we have, I think, probably --
20 well, I say think, I know we have the safest record in the
21 state of Texas as far as moving traffic, a great pilot
22 organization and they do a great job. But one of the
23 things we're going to do to be able to handle more traffic
24 is to expand and have barge shelves on the outside, and
25 you can see that that gives us 400 additional feet for the
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 42
1 barges, and we have considerable barge traffic here.
2 We're also going to deepen to 530 feet and by
3 deepening, we'll be able to handle the larger ships, the
4 petrochemical ships, the tankers that are going to be
5 coming in. They don't have to be lighter so it becomes an
6 economic efficiency for them coming in to use this port.
7 So anticipating the huge size of those tankers, ultimately
8 positioning ourselves for some of the bigger container
9 ships as well.
10 Harbor Bridge air draft limitation. Right now
11 we are limited to 138 vertical clearance. You don't think
12 about that when you think about ships, but if you've ever
13 been on the Harbor Bridge and one of those tankers it was
14 kind of a close call. We have to have more air draft for
15 a couple of reasons. Some of the larger ships that are
16 coming through that have been developed have not been able
17 to use this ship channel, so that's one of the pieces that
18 helps us economically; the other, there's a huge interest
19 in the cruise industry in this area, and those larger
20 ships are not able to come through either.
21 But the big rationale from the port's
22 perspective is that it will allow us to take advantage of
23 bringing in these supertankers that do need an air draft
24 up to 200 feet, and we're limited right now to 138 feet.
25 And that's a project that we've done some initial work,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 43
1 one of the MPO's concerns, and you'll be hearing more
2 about that in the future.
3 And the Inner Harbor redevelopment initiatives,
4 one of the things that we have found in the port business
5 is successful ports use their assets wisely, and their
6 assets are waterfront assets but people also like to be by
7 the waterfront, and areas that maybe traditionally have
8 sort of been rundown can be converted into areas that the
9 public can use and take advantage of and they become real
10 assets for the community.
11 So that redevelopment, retail, sports,
12 entertainment, hotel district of which this is a part, is
13 part of that redevelopment effort to allow the public to
14 have more access and use that land better.
15 The Harbor Bridge replacement, you saw has
16 military labor, the Fulton Boat Dock 3, military labor
17 that's over there on the north side, and new terminal
18 locations that's on the north side as well.
19 So lots of projects that are going on, we're a
20 vibrant port, but the reason we've been so successful is
21 because of the great partnership we've had with the State
22 of Texas and the vision of this particular commission has
23 really made our job easier and it excites us to think
24 about the opportunities we have by working with you.
25 So thank you again for your presence here.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 44
1 Before I sign off, I would like to say, and I'd be remiss
2 in not saying thank you to our district engineers. We've
3 had such a great string of district engineers in this
4 area. Mike Behrens, once we have you, you're always ours,
5 and we had you for a while. Billy Parks is here, we had
6 him as a great district engineer. We had David Casteel
7 and you stole him from us, Hope, but we almost forgive you
8 for that, and he did a great job. And now we have Craig
9 Clark and what a super job you all did last night, I've
10 just heard rave reviews about that, and we're just
11 delighted to have your leadership in Corpus Christi as
12 well.
13 Thank you to the commission for being here.
14 MR. WILLIAMSON: Wait. Any questions for Judy?
15 (No response.)
16 MR. WILLIAMSON: Okay, thanks.
17 MR. BONILLA: Mr. Chairman, I'm back briefly
18 wearing a different hat, as Mr. Johnson stated earlier, as
19 chairman of the MPO. As a member of the Port Commission
20 and as chairman of the Port Commission, I have the
21 pleasure and privilege of serving on the MPO. It's called
22 the Corpus Christi Metropolitan Planning Organization
23 which is really a misnomer because it includes the City of
24 Corpus Christi, the City of Portland, Gregory and San
25 Patricio County through its able and very committed judge,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 45
1 Terry Simpson.
2 But let me recognize Thomas Fallon and his
3 staff from the MPO -- if you would stand, please -- just
4 so you'll know the team behind this effort, the staff that
5 is here. Thank you.
6 I have a few prepared remarks and I'd like to
7 make those for the record because these are matters of
8 achievement and matters of cooperative and collective
9 efforts between the MPO and your agency.
10 As chairman of the MPO, I'd like to thank the
11 commission for providing communities across Texas with
12 progressive financial alternatives that will enable us to
13 accelerate the development for needed projects on the
14 Coastal Bend.
15 As you know, the replacement of the Harbor
16 Bridge, its elevation is vital to the safety and increased
17 cargo opportunities, as outlined by Commissioner Hawley.
18 Linked to construction to the new Harbor Bridge is needed
19 capacity on State Highway 286, known locally as the
20 Crosstown and added capacity on Padre Island Drive, or SH
21 358.
22 We're currently exploring the financing
23 alternatives available to build these projects in the next
24 ten years by using the tools you have provided.
25 Otherwise, it would take us 30 years.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 46
1 Local mobility projects are not the only
2 priority of the city and the Port of Corpus Christi.
3 Projects that provide regional connectivity are essential
4 to sustaining the economic vitality of South Texas.
5 The MPO is making certain we establish a
6 transportation network that capitalizes upon our global
7 competitive position, our productivity and our efficiency.
8 I would like to emphasize those projects of regional
9 significance that will establish a trade triangle between
10 Laredo, the city of San Antonio, Corpus Christi, all
11 leading, with seamless transportation arteries by rail and
12 land, into Mexico.
13 The first being what Judy referred to as the La
14 Quinta Terminal, that we also refer to as a Port-to-Port,
15 Laredo to La Quinta freightway. The continued development
16 of intermodal port facilities in Texas is vital and
17 necessary to meet the demands of international trade.
18 The need to link our inland ports like Laredo
19 to seaports that have the capacity to efficiently move
20 freight and cargo are readily apparent. The MPO continues
21 to stress the feasibility of developing an exclusive
22 freight corridor between the Port of Corpus Christi and
23 Laredo.
24 A TxDOT-sponsored feasibility study is underway
25 that is developing a concept for a truck-only tollway
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 47
1 linking Corpus Christi and the 21-mile Camino Colombia
2 Tollway which was recently acquired by TxDOT. This
3 exclusive freightway will be designed for overweight,
4 high-speed operation of trucks only from the inland port
5 of Laredo to the Port of Corpus Christi and the La Quinta
6 container terminal.
7 The second project of regional significance is
8 the US 77 Cross-Border Trail. Connectivity to the Rio
9 Grande Valley is equally as important as trade routes from
10 Latin America and Mexico seek alternatives to the Laredo
11 port of entry. A coalition of economic development
12 interests from Harlingen to Corpus Christi have been
13 exploring the benefits of an initial phase appropriating
14 existing US 77 from the Valley to I-37 in Corpus Christi,
15 providing an interface with the highway system in Mexico.
16 Projects in the TxDOT Pharr District have
17 resulted in the majority of US 77 being improved by the
18 controlled access corridor. However, major projects in
19 the Corpus Christi District remain unfunded, including a
20 relief route around Driscoll, a relief route around
21 Ricardo, and additional intersection crossings at
22 Kingsville, Ricardo and Sarita.
23 Development of this trade corridor benefits the
24 entire Gulf Coast, including the Port of Corpus Christi
25 and our colleagues at the Port of Houston.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 48
1 Recent natural tragedies like Katrina and Rita
2 have underscored the need of having significant
3 alternative ports of entry. During the recent hurricanes,
4 almost 35 percent of our nation's refining capacity was
5 shut down. Much cargo was diverted to the Port of Corpus
6 Christi, and with these improved corridors, we can expect
7 increased freight traffic as shippers learn the
8 opportunities and the efficiencies available in South
9 Texas.
10 The third regional project which was also
11 referred to in Judy's comments is the strategic military
12 support, but it has a highway linkage. Due to the war
13 against terrorism, the efficient deployment of military
14 materials and vehicles through the strategic military
15 ports of Corpus Christi and Beaumont have become a high
16 priority.
17 The development of a strategic military
18 highway, utilizing US 181, State Highway 123, and the new
19 Austin toll road, SH 130 between Fort Hood and the Port of
20 Corpus Christi, will support the capability of the Port of
21 Corpus Christi. Obviously other supporting projects are
22 in various stages such as improved rail access which has
23 been earlier explained.
24 In addition, improvements to the Port Avenue
25 which is the entry path of Whataburger Field leading to I-
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 49
1 37 will permit the improvement and the movement of
2 oversized and overweight cargo from I-37 to dock
3 facilities in our port efficiency operations. The
4 planning and design is scheduled for 2006 and accelerated
5 funding is being sought for construction.
6 Project number 4 is the South Loop. This is a
7 creative idea arising from the growth of South Texas which
8 has resulted in significant population growth on Padre and
9 Mustang islands.
10 Safe access to the island was enhanced with the
11 elevation of SH 358 causeway, but planning for the
12 development of additional capacity is needed. The initial
13 concept of a relief route from I-37 to south Corpus
14 Christi and Padre Island was developed in the late '90s.
15 The funding for the first phase, the environmental
16 review -- which I believe is $1.5 million -- is programmed
17 for this year, and is a collaboration between the MPO,
18 TxDOT, the county, and the City of Corpus Christi that is
19 of high value to our region.
20 This new corridor will provide not only a
21 relief from I-37 around Corpus Christi with a new
22 connection to the island but will also provide a relief
23 route around Robstown that connects US 77 to SH 55 and IH
24 37. The development of this new capacity is only possible
25 utilizing the new financial tools offered by the
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 50
1 legislature and by the commission.
2 Lastly, a word about the importance of
3 hurricane preparedness. Recent events have shown the
4 vulnerability to our coastal transportation network.
5 Although improvements to SH 358 and US 181 causeway has
6 improved the region's evacuation potential, other water
7 crossings, such as the I-37 bridge over the Nueces River,
8 are of concern.
9 The MPO Policy Committee has asked our MPO
10 staff to explore the issues associated with the safe
11 evacuation of our area and improvements needed to ensure
12 access by relief vehicles and equipment following an
13 emergency event.
14 The demands on our transportation network have
15 increased as health, safety and security have become
16 increased priority for our region. Our MPO supports
17 collaborative planning and welcomes the financial tools
18 you have provided to make our plans a reality. Our
19 regional mobility with the Free Trade Alliance in San
20 Antonio, USA, and the San Antonio Economic Foundation
21 headed by Mario Fernandez, as well as stakeholders'
22 incentives in Laredo will help refine our trade triangle
23 in Texas and promote seamless transportation links by sea,
24 land and rail into Latin America.
25 Finally, just a couple of days ago there was a
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 51
1 headline here where the city council okayed flights to
2 Monterrey, providing needed air service, direct passenger
3 service between our two great communities that compliments
4 the thoughts and strategies that are outlined and
5 envisioned by your body and supported by the MPO.
6 We believe that the Coastal Bend, and
7 specifically the Port of Corpus Christi, is indeed the
8 gateway to the world. It's a message that we are shouting
9 across the country.
10 I might just conclude, Mr. Chairman, that as I
11 see you sitting under the Port of Corpus Christi
12 Authority, the same seating where Commissioner Carrell and
13 Commissioner Hawley and I sit, that your presence here
14 certainly elevates the stature of our port commission.
15 I'll be happy to entertain any questions.
16 MR. WILLIAMSON: I thought the joke was good.
17 I don't think the Houston Texans do know where the goal
18 line is.
19 (General laughter.)
20 MR. BONILLA: My son at the University of
21 Texas, who thinks the BCS is the greatest thing in the
22 world, was the architect of that joke, so I'll be sure and
23 advise him of that.
24 MR. WILLIAMSON: Being from North Texas, I can
25 tell you the Dallas Cowboys are having a hard time finding
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 52
1 the chalk line too.
2 Well, I'm sure we have several questions,
3 Commissioner, Chairman. We, first of all, want to thank
4 you for the presentation.
5 Anything specific, members?
6 MR. JOHNSON: I have one or two. I had a
7 question. Commissioner Hawley's presentation talked about
8 deepening the channel, and I was curious as to both the
9 additional depth that the channel is going to and also the
10 additional width, and what do you see as the timing of
11 that.
12 MS. HAWLEY: Well, the timing, of course,
13 depends on the financing and the financing or the big hunk
14 of that is right now in WRDA and I think it's passed the
15 House but it hasn't passed the Senate. It's been in WRDA
16 since last year and they just didn't pass the WRDA bill
17 which is the Water Resources Development Act, they just
18 didn't get it done. So our consultants in Washington are
19 giving us a little more hope that it's going to get
20 through this year.
21 The La Quinta project, part of that deepening
22 is tied up with this, but if the WRDA does not come
23 through at this point in time, we have the authority to go
24 ahead and deepen that and then when WRDA comes through
25 then being compensated for that. So the La Quinta project
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 53
1 we could and would move forward regardless of that, but
2 we're looking at as soon as the funding is made available,
3 and there will be a local match, of course, that we'll
4 have to come up with. And that's still variable, they're
5 not sure if that's going to be 15 percent, 10 percent. It
6 hasn't been defined yet, so there are still some issues
7 out there, and that, of course, will determine when we
8 start as well. But it's a project that we'd like to get
9 underway as soon as possible.
10 MR. CARRELL: I think the cost is significant
11 as far as the match because the deeper you go, the more
12 the sharing.
13 MR. JOHNSON: What is the additional depth?
14 MR. CARRELL: Forty-five to 50 feet.
15 MR. JOHNSON: And the additional width?
16 MS. HAWLEY: Four hundred; 200-foot barge
17 shelves on each side.
18 MR. BONILLA: If we go to 55 feet, there's a
19 more favorable sharing formula, the percentage for the
20 Port of Corpus Christi is less, and that legislation is
21 tied up in Congress, and since the attention seems to be
22 focused on Supreme Court nominations today, we may or may
23 not have that legislation passed favorably this session.
24 But it's presented each congressional session and this is
25 the first time it has passed one of the houses, so we
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 54
1 believe it's inevitable.
2 And as we deepen the channel we'll be able to
3 receive ships of greater depth so they'll be able to bring
4 in more cargo, and that will ultimately reduce the cost
5 of, we believe, fuel, also reduce the cost of consumer
6 goods.
7 MR. WILLIAMSON: Just to give us some
8 comparison, how deep is the Houston Ship Channel.
9 MR. BONILLA: Houston just went to 45 recently,
10 and we've been at 45, Frank?
11 MR. BROGAN: Since 1989.
12 MR. CARRELL: I think part of the significance
13 of having the port -- we keep referring to Frank. Frank
14 you might want to come up.
15 MS. HAWLEY: Frank is the engineer to whom I
16 referred and sort of the brains behind the Joe Fulton
17 Corridor process.
18 MR. CARRELL: Yesterday when Commissioner
19 Houghton and I were taking a tour of the Fulton Causeway,
20 I think he made a comment about how many times ships get
21 to the port, and I think you said three to five different
22 times to lighten it to get to the size where it can
23 transport into the Port of Corpus Christi.
24 And back on Chairman Bonilla's comment about
25 the cost, help us on that.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 55
1 MR. BROGAN: Total project price for the
2 deepening, widening and extension is $200 million total.
3 That would include government share, local share and
4 private share for things like pipeline lowering.
5 MR. CARRELL: And I thought at a 50-something-
6 foot depth we had like 50 percent sharing and at 45 it's
7 only 75-25.
8 MR. BROGAN: That's correct. The old formula
9 was 75-25 and the break point if we went deeper than 45
10 feet, then the local sponsors were obligated to put up 50
11 percent. And as more ports around the nation are going
12 deeper than 45, the West Coast and the East Coast, there
13 is increasing pressure to revisit that matching formula
14 and try and adjust that to get it back to the 75 federal
15 and 25 local, so that's an effort we're working on.
16 MR. CARRELL: And I think if WRDA takes enough
17 time, we'll finally outlast them and have a better
18 equation, because we can't move forward without the WRDA
19 bill.
20 MR. BROGAN: And I think one of the significant
21 advantages that our own port has over other ports in the
22 gulf is that we're closer to the deep water line out in
23 the Gulf of Mexico than any other port is, and what that
24 does is that reduces the length of the channel that has to
25 be dredged and reduces the cost.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 56
1 Houston, for example, wanted to go from 40 feet
2 to 50 feet, but that cost is going to exceed $1 billion to
3 do that because their channel is so much longer. Because
4 our channel is so much shorter, then our cost is that much
5 less. But it's just a few miles offshore to get to 52
6 feet, whereas it's much, much longer in Houston, and
7 that's why we've always had that advantage. We're the
8 first port on the Gulf Coast to have 45 feet, and with any
9 luck, we'll be the first port to have 50 feet. But other
10 ports around the nation are getting ahead of us, on the
11 West Coast and the East Coast, and we need to continue to
12 press forward with that project.
13 MR. JOHNSON: Mr. Chairman, with your
14 permission and indulgence of the port commissioners, and
15 with this many potential voters in the room, I wanted to
16 talk about the importance of Proposition 1 on the ballot
17 Tuesday.
18 There's an interplay here between the port and
19 rail that it's a multimodal issue. The port owns 26 miles
20 of rail that circulates throughout the port assets, and
21 the creation of the Texas Rail Relocation Fund provided
22 for in Proposition 1 will serve as a twin to the Texas
23 Mobility Fund which has been the huge shot in the arm for
24 surface transportation. And this will enable a fund to
25 relocate rail and to do rail improvements, and I think the
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 57
1 port will benefit and our urban areas around the state
2 will benefit.
3 I mentioned this morning it's sort of been
4 conspicuous by its absence, the fact that there is an
5 election on the 8th and early voting is on seems to not be
6 in the public focus. So I want to take this opportunity
7 to mention that and how important it is from a multimodal
8 aspect, and as I mentioned in my prelude, I don't think
9 there's any community that I'm aware of that has done the
10 job on a multimodal basis as Corpus Christi and the
11 surrounding area.
12 So please consider that one vote and please
13 consider that when you do vote.
14 MR. WILLIAMSON: I appreciate you bringing that
15 up because you're right, the linkage between the rail
16 relocation fund and what the commission wishes to do with
17 their port is pretty apparent.
18 Ted?
19 MR. HOUGHTON: It looks to me that your
20 container operations is a big part of your future. Who is
21 your partner, or do you have a partner in that on the
22 private side?
23 MR. BONILLA: We're engaged in discussions. We
24 had an MOU with ICT-SI for about six months, and that's
25 one of the largest Philippine container terminal operators
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 58
1 in the world. That did not quite materialize when they
2 shifted their focus to Asia.
3 However, we have engaged another firm and we
4 have met with their senior staff and we anticipate taking
5 some action on that in November. So while it hasn't been
6 ratified by the commission, therefore it's still
7 proprietary information, we're very optimistic. We have
8 cleared all the environmental hurdles, we've received
9 permitting by the Corps of Engineers, the community of San
10 Patricio County and Nueces have endorsed the project so
11 that we have uniform stakeholder support. And we've even
12 spoken to GLO about some innovative financing tools that
13 may enable us to sell the land and lease it back.
14 So there's various financing tools, and we're
15 very confident we're going to have a private equity
16 partner here in less than 30 days.
17 MR. HOUGHTON: Is there a demand by the
18 manufacturers/shippers for a container port here?
19 MR. BONILLA: We believe there is. For
20 example, as a result of CAFTA, we're seeing new
21 opportunities in Central America. We have just announced
22 the importation of melons for the first time into Corpus
23 Christi from Honduras via shipping interests in Colombia.
24 Just this week we had a Colombia vessel bring in imported
25 meats.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 59
1 As Judy was explaining, the idea is that we
2 develop alternatives to the congestion on the West Coast.
3 We don't have the labor problems that exist on the West
4 Coast and we don't have the congestion that exists on the
5 West Coast. And while the West Coast, Long Beach and LA
6 may bring in 12 to 13 million containers a year, China is
7 building new ports almost every six months that are
8 generating 15 million containers per port, so the
9 congestion is only going to increase. And what Asian
10 shipping lines are looking at is an alternative, and that
11 alternative, one alternative, other than the Panama Canal
12 and on into La Quinta, would be coming to the West Coast
13 ports of Mexico, Lazaro Cardenas, specifically.
14 And there was a slide earlier -- we might bring
15 it up -- linking Lazaro Cardenas with Laredo and then on
16 into the Port of Corpus Christi, and that underscores the
17 importance of that freight corridor.
18 Kansas City Southern, you may recall, bought
19 out TexMex and TFM, and so now Kansas City Southern has
20 seamless transportation link from Kansas City right to
21 Lazaro Cardenas. There needs to be some rehab on some of
22 the rail in Mexico, but it's going to happen. And so La
23 Quinta, as it develops, we believe, is going to be an
24 ideal location and will not in any way be in a competitive
25 environment with the Port of Houston.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 60
1 Lastly, we're looking for a major retailer that
2 will set up a distribution hub. That has to be a Wal-
3 Mart, could be a Target, could be a Toys R Us, a Lowe's,
4 and once that distribution center is set up at La Quinta,
5 then we believe that the shipping lines will come
6 automatically because they're going to follow the cargo.
7 We have already a 500,000-square-foot cotton
8 compress warehouse facility at La Quinta, so we already
9 have an agricultural hub, so ultimately we will not only
10 have a general cargo distribution center but also be a
11 magnet and a distribution export center for cotton
12 worldwide.
13 MS. HAWLEY: Ruben, just to follow up on what
14 you said, in some of our conversations with some of the
15 major retailers, we have learned -- this is anecdotal --
16 that had we already had La Quinta operational, that would
17 have affected/impacted their decisions on where to locate
18 their distribution centers. So it's the chicken-and-egg
19 thing.
20 So we know that there's huge interest, it's
21 just when they needed to the access, they need it now, and
22 we're still three years away from having something
23 operational. So that's one.
24 And the other thing -- and Hope knows this --
25 in the interchange with Kelly Field and Toyota, there's a
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 61
1 lot of interest in getting our container terminal.
2 There's a lot of drive there because the cost of shipping
3 containers to them is exponentially less. So we're
4 getting some demand from that direction just because of
5 our location.
6 MR. JOHNSON: I probably shouldn't say this
7 because I might not be able to return home, but don't be
8 apologetic about being competitive to the Port of Houston.
9 If nobody is going to challenge them, they're not going
10 to get bigger and they're not going to get better. I
11 believe very firmly that the only way we improve is that
12 somebody is challenging us, whether that's in your
13 business or what you're trying to provide, you know, it's
14 the people of this area and the people of the state. So
15 don't be apologetic, please.
16 MR. BONILLA: Well, an example of that,
17 Commissioner, is the strategic military designation. I
18 really welcome and appreciate your comments because when
19 that opportunity arose in the mid-'90s , not too many
20 ports wanted it. You know, we were at peacetime, relative
21 peace, and the Port of Corpus Christi, under the
22 leadership of Frank Brogan and Alice Faber, sought it
23 aggressively. Port of Houston did not express any
24 interest, the Port of Beaumont had an interest.
25 So now these two ports, Beaumont and Corpus
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 62
1 Christi, provide almost 50 percent of all cargo that's
2 being shipped to Iraq in defense of our freedom, so it's a
3 great story and I think it underscores the importance of
4 your declaration. So thank you.
5 MS. ANDRADE: Mr. Chairman, I have a question.
6 First of all, for the record, I'd like to thank you for
7 all the support that you've given this corridor from
8 Laredo to Corpus Christi. I want to thank you for
9 arranging the meeting a couple of months ago where
10 Commissioner Houghton and I were present. I truly think
11 that was a historical moment when we got two communities
12 together to support this, so thank you.
13 But my question on La Quinta is if all
14 negotiations move forward with the potential partner that
15 you may have, when do you think you will hang a sign "Open
16 for Business"?
17 MR. BONILLA: I'll let Frank Brogan answer that
18 one.
19 MR. BROGAN: Three years is, I think, a very
20 realistic time frame, and if possible, we may be able to
21 cut some time off that. But I think three years is the
22 target I would set.
23 MS. ANDRADE: Thank you.
24 MR. BONILLA: And I might add that -- without,
25 I guess, violating the public trust here -- we have
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 63
1 already scheduled meetings between senior staff and the
2 private party, so it's gone beyond the policy level, and
3 that's in anticipation of refining the MOU and having
4 strategic timetables about construction.
5 MS. ANDRADE: That's great. I still remember
6 when I came here, it was your dream and your vision, so
7 congratulations.
8 MR. BONILLA: Thank you. We look forward to
9 working with you as that project unfolds.
10 MS. ANDRADE: We do too.
11 MR. WILLIAMSON: I want to echo something John
12 said. Don't be apologetic about Houston. I mean, we're
13 going to invest in Houston. The state is going to invest
14 in Houston, its going to invest in Brownsville, it's going
15 to invest in Corpus Christi. The state is going to invest
16 wherever there's an economic opportunity to be increased
17 for its citizens, and if that's Corpus Christi, that's
18 fine, and we believe our partners in Houston understand.
19 We know in the past there's been some perhaps
20 sibling rivalry in our state between ports, but we hope
21 the governor has kind of made clear to everybody those
22 days are over, no more whining, no more begging. You
23 know, we need to get ready for 35 years from now, 30 years
24 from now, and that includes an aggressive deep water port
25 in Corpus Christi, without a doubt.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 64
1 MR. BONILLA: Thank you, Mr. Chairman. Using a
2 sports analogy, we don't expect to strike out. As a
3 matter of fact, Houston needs us because our Hooks are
4 hitters.
5 MS. HAWLEY: We'd better sit down.
6 (General laughter.)
7 MR. WILLIAMSON: Was Mr. Noe coming back up, or
8 is he done with his piece?
9 MR. BONILLA: He's done.
10 MR. WILLIAMSON: Let me just comment right
11 quick about you made a couple of points in your
12 presentation about some projects you're going to be
13 working with us on.
14 We don't want to be scary but we do believe in
15 being direct about where we're headed. We will
16 increasingly tell our employees in the districts and they
17 will increasingly tell their contacts in the communities,
18 we're going to ask the question how does this project
19 reduce congestion or increase safety or improve air
20 quality or offer economic opportunity or conserve and
21 improve the value of our asset, because that's the key
22 question.
23 That question popped into my head when you were
24 talking about the spur and helping Texas A&M Corpus
25 Christi. The first thing I thought about was: Well,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 65
1 where does the state benefit from that.
2 And so we're trying to look at things like is
3 this a local road and are we primarily addressing a local
4 issue and is it local congestion, local air quality or
5 whatever, or is this a regional road and are we addressing
6 a regional issue, or is this a statewide road and are we
7 addressing a statewide issue.
8 You know, by inference, things that are more
9 local and less regional and state that don't reduce
10 congestion or improve air quality or advance economic
11 opportunity or improve the safety or improve the value of
12 our assets are going to be less attractive for state
13 partnering than regional roads or state roads that do meet
14 those qualifications.
15 So the governor's instructions were clear, he
16 didn't want Texans to have to beg for their own money. He
17 wanted a process in place where every Texan, whether it
18 was a Texan from Brownsville or Texarkana or Amarillo or
19 El Paso, knew what the criteria was for hoping to have the
20 state as a partner in these projects. And I would just
21 emphasize that to you on your work with the locals.
22 We're going to be very aggressive in helping,
23 but we have filters we have to use to keep from building
24 the road to nowhere for no reason.
25 MR. NOE: And we certainly understand that. In
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 66
1 our application there's areas of transportation congestion
2 and arguments for our proposal, and it's in the
3 application
4 MR. WILLIAMSON: And maybe I shouldn't have
5 focused on this. That one just happened to catch my eye.
6 I mean, it's any of them, really. Like helping with the
7 rail in the yard, that meets the highest check mark
8 qualifications for everywhere we want to go. That's why
9 the governor was so quick to tell us to do that, because
10 it meets his criteria.
11 So I don't want to like throw cold water on
12 your project, but we are looking at things a little bit
13 differently across the state so that we can honestly tell
14 the citizens, you know, your money is being leveraged with
15 the private sector and partnered with local and regional
16 government on a rational basis that will produce clear
17 results.
18 MR. NOE: And we appreciate that.
19 MR. WILLIAMSON: Did you ever find your
20 business, Craig?
21 MR. CLARK: What's that?
22 MR. WILLIAMSON: Weren't you looking for your
23 CD or something?
24 MR. CLARK: That was the CD.
25 MR. WILLIAMSON: I thought we were looking for
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 67
1 a new CD.
2 MR. CLARK: No. It's all the same one, and I
3 appreciate your indulgence while we obviously go into
4 extra innings.
5 MR. WILLIAMSON: And Johnson is sent to the
6 showers. It's a long walk down the dugout.
7 (General laughter.)
8 MR. HOUGHTON: I did notice one thing on the
9 presentation that I should have pointed out real early,
10 the campus of Texas A&M -- I don't know if you can pull
11 that slide back up. I'm helping John kill some time here.
12 It's slide number 7, page 7. Now go and enlarge that.
13 Do you notice anything there, Ric? Did you
14 have a private beach at your university? Did you notice
15 that private beach sitting there?
16 MR. CLARK: It is a research site.
17 (General laughter.)
18 MR. HOUGHTON: We've got a lot of beach out in
19 El Paso but we don't have any water.
20 MR. WILLIAMSON: We didn't have a private beach
21 but we did have a football team that could score a
22 touchdown. It's okay, it's been a few years since we
23 could say that, though.
24 MR. HOUGHTON: I was just curious. That is
25 quite interesting, a private beach. Very nice.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 68
1 MR. WILLIAMSON: How are you going to enlarge
2 the campus? Are you going to go across the water or are
3 you going to recover, or what are you going to do?
4 MR. NOE: The university is in a long-range
5 planning process. There are number of things that are
6 currently focused on campus that can be located out in the
7 community, the nursing program and a number of others.
8 They're also looking for another second campus site that
9 can serve as a point for a much larger campus.
10 MR. HOUGHTON: Are they capped out on
11 enrollment?
12 MR. NOE: There's not a cap. They're growing
13 at significant rates and will be at 10,000 probably in the
14 next two years.
15 MR. WILLIAMSON: Well, the problem that is
16 unfortunate is that -- and the legislative members aren't
17 here -- the problem the state faces -- our focus is
18 transportation and we will stay focused on our business,
19 but the problem the state faces is if your population is
20 going to 50 million, the implication is you've got to have
21 more universities, you've got to have more medical
22 schools, you've got to have more law schools, you have to
23 have more public schools, and we have been for so long a
24 state of -- and I think should remain -- a state of
25 limited service, limited taxation and limited regulation.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 69
1 It is sometimes hard for us to kind of get a
2 grasp on the fact that there's a reason why these college
3 guys go beg for more money because they've got more
4 students to educate. And if we wanted to put colleges on
5 100 percent toll collection and make the students pay for
6 everything, they wouldn't come ask us for money. It's a
7 dilemma for the state to figure out how to deal with this
8 stuff. But it's a good dilemma, it means we're tight-
9 fisted and we watch the people's money carefully.
10 John is back. I didn't know they let people
11 return in the pros, I thought once you were out, you were
12 out.
13 MR. JOHNSON: So does that mean I'm supposed to
14 leave?
15 MR. WILLIAMSON: I'm like Ted, I'm just trying
16 to buy some time.
17 (General laughter.)
18 MR. CLARK: As a district, we welcome you to
19 the Corpus Christi District, an area where thousands of
20 people come every year seeking sun, the beach, fish and
21 birds, our rich history, and every 30 years or so a white
22 Christmas.
23 Located along the Gulf Coast between San
24 Antonio and the Rio Grande Valley, we include ten counties
25 covering 7,806 square miles. There are just over 550,000
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 70
1 people and 440,000 registered vehicles. We have 2,800
2 centerline miles and almost 6,900 lane miles of highway.
3 Truly multimodal, the Corpus Christi District
4 includes a port, a ferry system, the Gulf Intracoastal
5 Waterway, an international airport, 14 general aviation
6 airports, a regional public transportation system, and a
7 rural public transportation system.
8 As you have seen in the previous presentations
9 from Corpus Christi, the port, and the MPO, we have many
10 transportation challenges. We have emerging congestion,
11 arterials clogged by commercial development, high growth
12 areas needing commuter connections, and corridor
13 transportation limitations that impede commercial and
14 industrial growth.
15 But we have a plan and we have new tools, and
16 when we combine these tools with willing local partners
17 and combine with conventional resources, we can meet these
18 challenges.
19 Transportation planning in a coastal area
20 requires consideration of hurricane evacuation. The
21 Corpus Christi District has several projects coming to
22 completion to enhance our evacuation.
23 Two projects totaling $18.4 million provided
24 signs and paving that allowed for reconfiguration of 83.5
25 miles of the northbound lanes of Interstate 37 to convert
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 71
1 a 10-foot shoulder to a 13-foot hurricane lane that can be
2 opened to provide added capacity. This allows for the
3 existing three-lane urban section to operate as four lanes
4 and the existing two-lane rural section to operate as
5 three lanes. Our friends in the San Antonio District have
6 a project currently under construction that will continue
7 this section all the way to Pleasanton.
8 We also have raised the JFK Causeway eight
9 feet, increasing the available evacuation window for a
10 growing island population. We widened northbound Graham
11 from SH 358 to Interstate 37 to allow for a two-lane
12 connection and enhanced operation in an evacuation. We
13 raised and added capacity to US 181 from the Nueces Bay
14 Causeway to Portland, and we are constructing a grade
15 separation in Gregory that will allow for continuous
16 traffic flow.
17 Hurricanes Katrina and Rita threatened us early
18 and allowed us to test our evacuation plans. We also got
19 the chance to view evacuation experiences from other areas
20 and apply them to our situation. We intend to collect a
21 wide variety of lessons learned and improve our plans,
22 infrastructure and public information efforts.
23 Our three-year transportation improvement plan,
24 developed through our MPO in the metro area and through
25 regional rural TIP meetings in the rural area, includes
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 72
1 115 projects totaling nearly $380 million.
2 Our district allocation under the UTP provides
3 almost $800 million over a ten-year period in the
4 Statewide Mobility Program fund and $360 million in
5 Statewide Preservation funds, and this provides the base
6 funding to plan for our needs and leverage or use in
7 equity for plans that we develop with our local partners
8 to deliver transportation infrastructure with new funding
9 tools.
10 The increased demands for transportation in
11 Texas requires that we plan in terms of corridor needs.
12 The improvement along the US 181 corridor is needed to
13 meet the demands of expanding industrial activities, to
14 provide critical hurricane evacuation capacity for growing
15 populations, as well as allow access to tourists at
16 recreation areas east of I-37.
17 As was indicated in the port and MPO
18 presentations, the Harbor Bridge presents a significant
19 mobility impediment for US 181. It's a 46-year-old steel
20 structure over saltwater, squeezing six lanes with no
21 shoulders that cross 60,000 vehicles a day. With a steep
22 vertical grade and sharp horizontal curves on each end,
23 the bridge presents a safety risk. With high truck
24 volumes and many petrochemical cargos moving through
25 population areas, there's also a public safety issue as
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 73
1 well.
2 The US 59 corridor is a rural trunk system
3 corridor that provides east-west connectivity from Laredo
4 to Victoria, then Houston. This corridor was the subject
5 of a report to the commission in August by the Tri-County
6 Coalition. We are interested in working with our counties
7 along this vital corridor to look for ways to advance
8 capacity and add operational improvements.
9 The US 77 corridor provides a vital commercial
10 route from the Rio Grande Valley Border areas to Corpus
11 Christi and on to Victoria and Houston. We have a couple
12 of active projects adding controlled access highway
13 sections in Corpus Christi and Kingsville. We have a $6.5
14 million earmark in the Federal Highway Bill to be used to
15 help fund the continuation of a controlled access section
16 of highway through Robstown. We will continue to look for
17 opportunities to enhance mobility along this critical
18 corridor.
19 The Port-to-Port project envisions a truck
20 tollway that would provide high-speed and extra weight
21 traffic east and west from the ports of entry at Laredo to
22 the Port of Corpus Christi and other Gulf Coast ports. We
23 are studying the market forces and potential that would
24 allow this corridor to provide enhancements needed to meet
25 growing international trade and economic development.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 74
1 SAFETEA-LU also provides a $5 million earmark
2 to study a site near Robstown for a trade-processing and
3 inland center. We've expanded our Port-to-Port study area
4 to include this location and explore the effect of this
5 combination to improve and enhance trade and
6 transportation.
7 The Corpus Christi District lies in the
8 crossroads of the TTC I-35 and I-69 TTC segments of the
9 Trans-Texas Corridor. Thirty-one public meetings have
10 been held in the Corpus Christi District on the Trans-
11 Texas Corridor, and many in our area are keenly aware of
12 the huge economic advantages available from this proximity
13 to these super corridors.
14 In the BUILD IT component of our business, we
15 have a robust current construction program of 59 projects
16 across the district totaling $464 million. We have
17 several active projects adding controlled access highway
18 sections. We have several projects that provide
19 operational improvements that mitigate congestion and
20 delay. There are a number of projects around the district
21 that provide added capacity and operational improvements
22 on clogged local arterials.
23 In our USE IT business category, we start with
24 our ferry operations. Currently we have six 20-car boats
25 in operation with four sets of landings. This system
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 75
1 carries well over 2 million vehicles per year. We can see
2 rapid resort and residential development and ever-
3 increasing peak demands that will exceed our existing
4 capacity. We have a fifth set of landings under
5 construction and SAFETEA-LU included an earmark of
6 $320,000 for the design of a larger 28-car ferry boat.
7 We held a public hearing in Port Aransas on
8 September 19, 2005, regarding the rules for establishing
9 fees for priority boarding. There was good attendance and
10 great interest in how this would apply to our ferry
11 operations.
12 There was also legislation passed last session,
13 Senate Bill 1131, that would allow Port Aransas direct
14 access to many of the new funding tools and apply them to
15 ferry operations.
16 We're excited about the implementation of our
17 ITS system here in Corpus Christi. Besides the ability to
18 improve traffic operations and safety on our urban
19 expressways, we are looking forward to applying the
20 technology to our hurricane evacuations and exploring
21 applications to enhance trade and freight movements.
22 As I mentioned before, we have 14 general
23 aviation airports in the district and many of them have
24 made good use of TxDOT programs for maintenance and
25 capital improvements.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 76
1 We have three active rural public
2 transportation providers serving our rural populations.
3 Our district is active in TxDOT traffic safety
4 activities. We have great cooperation from our local law
5 enforcement, local media, and local groups interested in
6 traffic safety. We are convinced that our efforts have a
7 positive effect on driver behaviors and improve safety and
8 save lives.
9 We very much appreciated the great help and
10 cooperation we received from the new Whataburger Stadium
11 and the Corpus Christi Hooks on our Click-it or Ticket
12 event, so much so that I was led to showcase my services
13 on the mound. I offered to work into the rotation, but so
14 far the Hooks have not called me.
15 (General laughter.)
16 MR. CLARK: In our MAINTAIN IT category our
17 area presents some great challenges to highway
18 maintenance. Much of our district is low elevation with
19 large flat flood plains and active clay soils. Besides
20 the coastal climate and geological challenges, we have a
21 mix of marine, petrochemical and agricultural traffic.
22 This brings a lot of routine wide and heavy loads,
23 sometimes super-heavy loads.
24 The load shown is a Texas record that moved
25 through the Corpus Christi District and weighed in at
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 77
1 nearly 2 million pounds.
2 These conditions, combined with a large volume
3 of narrow pavements, create many problems for our
4 maintenance forces. As you can see, over 50 percent of
5 the FM mileage in our district is deficient. We are
6 fortunate to have dedicated personnel in our maintenance
7 operations that are innovative in finding solutions to
8 preserve a quality transportation system.
9 Besides our Harbor Bridge, Corpus Christi has
10 over 1,200 bridges on this on-system of many types and
11 eras, from the first segmental bridge built in Texas to 28
12 steel-timber structures. Our current three-year TIP
13 includes 15 on-system bridge replacements totaling over
14 $16 million. Our three-year off-system bridge plans to
15 replace 19 bridges totaling over $7 million.
16 To manage these challenges and the many areas,
17 I am blessed with an outstanding district organization,
18 comprised of dedicated and talented people. We maintain
19 our personnel numbers to stay close to our FTE allocation
20 of 437 and maintain a staff-to-supervision ratio of nearly
21 12.5 to one.
22 We have a relatively young but highly
23 experienced management group. Our directors average 19
24 years with TxDOT; my area engineers average 20 with TxDOT.
25 Across the organization, over 70 percent have more than
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 78
1 five years' experience.
2 To help us meet these many challenges, we're
3 fortunate to have a good local pool of consultant
4 engineers available with a wide variety of disciplines and
5 experience.
6 As I wrap up our district report, I am showing
7 a slide from the time when the Harbor Bridge was new and
8 our challenges were different but our dedication to the
9 task was still the same.
10 I would like to end by allowing the Honorable
11 Glenn Guillory, our Aransas County judge, to come up and
12 address the commission. He has requested an opportunity
13 to thank the commission for the work that TxDOT has done
14 in Aransas County.
15 JUDGE GUILLORY: Mr. Chairman, members, thank
16 you very much for the opportunity to address this body.
17 We're talking a project that we recently completed in
18 Aransas County. By some standards it's a piddling little
19 contract, it only cost about $20 million, but the
20 importance of it will be made up in a minute.
21 I know you want me to be brief --
22 MR. WILLIAMSON: No. Take your time.
23 JUDGE GUILLORY: Thank you, sir. I'm a
24 Louisiana Cajun by birth and a Texas politician by
25 occupation, so I've got two strikes against me.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 79
1 (General laughter.)
2 JUDGE GUILLORY: About a decade ago, there was
3 a four-lane, divided highway with access roads and
4 overpasses designed to replace the Highway 35 between the
5 San Patricio County line and Rockport. Unfortunately, due
6 to budget constraints, a two-lane highway was built.
7 In the first year of operation of that highway,
8 we lost 16 people, the next year we lost people at the
9 average of about one a month. To put that in perspective,
10 if we opened the Houston-Galveston highway, just on a
11 census basis, the first year they would have lost 500
12 people. If you would have extended that by distance that
13 they have four times as much highway as we do, it would
14 have been 2,000 people. Of course, that wasn't
15 acceptable.
16 So we put together a delegation -- San
17 Antonio -- with about 2,000 signatures on a petition which
18 is about 10 percent of the people in the county. When we
19 got to San Antonio to make our presentation, we found that
20 we were behind Houston asking for $200 million and San
21 Antonio asking for about $150 million. So we figured by
22 the time they got to our $20 million we had about a chance
23 of a snowball in hell of getting funded, we thought the
24 commission would probably be out robbing banks to try to
25 fund those projects.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 80
1 Well, we were wrong. The project was funded,
2 the commission in the meeting made a commitment to try to
3 fund that project, and in fact it was. They scratched
4 around and found bits here and there, they went ahead and
5 redesigned the project, and over the next five-year
6 period, that project was built.
7 As Judy mentioned -- and Judy was at the
8 delegation, she was a representative then, and Gene Seaman
9 was as well -- there were three managers during the term
10 of that project: Billy Parks who has subsequently retired
11 and gone over to the dark side --
12 MR. WILLIAMSON: Absolutely.
13 (General laughter.)
14 JUDGE GUILLORY: -- and of course, David and
15 Craig. And there's been an amazing amount of consistency
16 over those three managers during the project, but that's
17 not the amazing part either, although I would be probably
18 remiss in not mentioning one more name, and that's Bill
19 Wrightman who was the engineer for the entire project.
20 He's your engineer out of Sinton and he did a wonderful
21 job.
22 It's a marvelous project, and the marvelous
23 thing about the project is that 4-1/2 years, with all the
24 heavy equipment running up and down that highway, the
25 amount of work that was done, over a million cubic yards
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 81
1 of dirt moved over a five-year period, there were two
2 deaths, and that's just amazing.
3 It shows you can get things done if you try
4 hard enough, and it's a credit to your predecessors and
5 yourselves, and of course, the work that TxDOT did to make
6 that project come together the way it did that really
7 strikes us to the heart. And we want to thank you very
8 much and your predecessors very much. If you ever sit up
9 here and think that the time you spend may be spent
10 better, don't, because there's no higher project result
11 than to save lives.
12 So on behalf of myself, the commissioners court
13 and the citizens of Aransas County, we thank you and TxDOT
14 very much.
15 MR. WILLIAMSON: Well, you're very kind to say
16 that.
17 (Applause.)
18 MR. CLARK: And that would conclude our
19 marathon report.
20 MR. WILLIAMSON: Questions, members?
21 (No response.)
22 MR. WILLIAMSON: Craig, I've just got a couple.
23 You touched on the corridor and the chairman touched upon
24 the importance of the Laredo-Corpus Christi-Lower Rio
25 Grande Valley triangle. I guess we're all kind of dancing
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 82
1 around and touching around 281/77, which is it, which
2 should it be and so forth, and that's what the public
3 hearings are attempting to do. We're smart enough to not,
4 if we even have a preference, to indicate what that would
5 be publicly while the hearing process is going on.
6 I would just, I think, encourage you to
7 encourage your business community and your civic community
8 to be thinking logically about where's the logical path of
9 an international corridor to be, and to begin to talk to
10 those who would be impacted by that path and see if you
11 can't begin to create if not partnerships, at least least-
12 resistance decisions kind of ahead of time.
13 We understand how difficult it is, probably
14 more than most people, to sell these wide corridor
15 concepts. We're also totally convinced this is the
16 correct thing for the future but we understand that it may
17 not be so important right now.
18 But it will be very important four years from
19 now when we have an excess of electric generation we need
20 to ship to Mexico in exchange for other natural resources
21 not yet processed that can be brought back into Texas and
22 processed by high-quality Texas labor. We understand that
23 if someone were thinking about that in the year 2005,
24 someone in the year 2025 will say thank you for figuring
25 that out 20 years earlier.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 83
1 So we do understand the difficulty in this. We
2 also understand it's the correct thing to do and we
3 encourage you and Judy, the port, the city and county to
4 be talking. We know you're talking west but if you're
5 thinking south, then you need to start talking south as
6 well. The more talking that can be done, the better, I
7 think.
8 Members, anything else before we take a quick
9 break?
10 (No response.)
11 MR. WILLIAMSON: Well, you did a good job and
12 you thoroughly educated us about your operation and the
13 Corpus Christi area. It's our custom, members of the
14 audience, to take a break at this time and give everybody
15 a chance to relax, and we'll do so and return to the
16 state's business, and we hope you come back to watch us
17 work. About 15 minutes, please.
18 (Whereupon, a brief recess was taken.)
19 MR. WILLIAMSON: We are going to return from
20 our brief recess and take up the regular order of
21 business. And the first order of business, members, is
22 the approval of the minutes from last month's meeting. Do
23 I have a motion?
24 MR. HOUGHTON: So moved.
25 MS. ANDRADE: Second.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 84
1 MR. WILLIAMSON: I have a motion and a second.
2 All those in favor of the motion will signify by saying
3 aye.
4 (A chorus of ayes.)
5 MR. WILLIAMSON: All opposed, no.
6 (No response.)
7 MR. WILLIAMSON: Motion carries.
8 Michael?
9 MR. BEHRENS: Going to agenda item number 2,
10 under Public Transportation we'll have a minute order
11 looking to award Rural Transportation Assistance Program
12 funds to El Paso County. Eric?
13 MR. GLEASON: Good morning, members of the
14 commission, Mr. Chairman, Mr. Behrens.
15 The minute order before you awards $145,000 of
16 federal funds under the Rural Transit Assistance Program
17 to El Paso County Rural Transit District in support of
18 development of a public transportation system there in El
19 Paso County. This award is actually part of a much larger
20 project in El Paso County that is not only looking at ITS
21 development to assist in coordination of services and
22 efficiencies in customer service improvements, but it's
23 also one that includes the introduction of a new vehicle
24 in service in El Paso County, one that does have the
25 latest technology in natural gas engine technology, and
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 85
1 includes with it something called hydraulic line assist
2 which helps in the fuel consumption by assisting the
3 vehicle in initial acceleration. So that when it consumes
4 quite a bit of fuel, it assists that phase of the
5 acceleration thereby reducing fuel consumption, and
6 coupled with the natural gas technology, it improves air
7 quality as a part of that.
8 The Intelligent Transportation System portion
9 of the project of which these funds are a portion, again,
10 a larger overall effort, looks specifically at researching
11 and then assessing the feasibility and developing the
12 software applications to address issues of automatic
13 vehicle location programs, systems to allow the operator
14 to know exactly where its vehicles are, to help with
15 communication between the central dispatch center and
16 those operators in the field, to ultimately allow for the
17 introduction of automated fare payment or smart car
18 technology as a part of the operation, as well as
19 passenger information, real-time passenger information on
20 the service.
21 What these $145,000 will do specifically is
22 that initial assessment of technology and its application
23 in the El Paso County area. In addition to our funds, as
24 a part of that there is a significant CMAQ contribution
25 which, as I understand, is up for approval tomorrow. That
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 86
1 actually constitutes about 80 percent of the ITS
2 investment, our share is about 20 percent.
3 This project intends then to have, by the fall
4 of 2007, 17 vehicles operating in El Paso County that are
5 equipped with an automated dispatch system radio, the
6 technology to allow for communication, and will begin to
7 assess some of the benefits of that application to the
8 extent of improving the coordination of our services, and
9 the significance of that improvement with respect to
10 overall statewide to coordinate our systems better. It
11 will allow us to examine the impact of fuel technologies
12 on fuel economy and fuel consumption.
13 So I recommend your approval of this award
14 today and will be glad to answer any questions you might
15 have.
16 MR. WILLIAMSON: Members, you've heard the
17 explanation. Do you have questions?
18 MS. ANDRADE: Mr. Chairman, I have a question.
19 Eric, will you keep us posted as to how well
20 it's doing?
21 MR. GLEASON: Absolutely. I had a conversation
22 yesterday with the project manager where one of the things
23 that we talked a lot about was making sure that we had
24 both some up-front work around the outcomes and what we
25 would expect to happen and then the ability throughout the
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 87
1 project to measure the results with respect to those
2 anticipated outcomes, not so much in the context of
3 success or failure but in the context of learning what we
4 can learn from this for other applications throughout the
5 state.
6 MS. ANDRADE: And we've invested $145,000, and
7 what's the price of the total project?
8 MR. GLEASON: The total cost of the ITS
9 development portion of the project is $725,000; the
10 balance of the funds are coming from the CMAQ area.
11 MS. ANDRADE: Thank you.
12 MR. WILLIAMSON: Any other questions or
13 comments, members? Do I have a motion?
14 MR. JOHNSON: My sense is this is a tremendous
15 project, first of its kind and certainly worth doing and
16 following it to see how it does.
17 MR. WILLIAMSON: Absolutely. Okay, do I have a
18 motion?
19 MR. HOUGHTON: So moved.
20 MS. ANDRADE: Second.
21 MR. WILLIAMSON: I have a motion and a second.
22 All those in favor of the motion will signify by saying
23 aye.
24 (A chorus of ayes.)
25 MR. WILLIAMSON: Opposed, no.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 88
1 (No response.)
2 MR. WILLIAMSON: Motion carries.
3 Eric, how are you finding Texas, buddy?
4 MR. GLEASON: I'm finding it fascinating. It
5 is a real challenge. It is a very different environment
6 than I'm used to working in. I'm enjoying it
7 tremendously.
8 MR. WILLIAMSON: Well, by all accounts, you're
9 doing a good job. Everybody is very complimentary.
10 MR. GLEASON: Thank you.
11 MR. WILLIAMSON: Thank you, sir.
12 MR. BEHRENS: Commissioners, agenda item number
13 3 is a discussion item where Mike Craig of our VTR
14 Division will talk about our public outreach and our
15 marketing efforts in order to try to increase vehicle
16 registration in Texas. Mike?
17 MR. CRAIG: Thank you very much. Good morning.
18 We've got quite a few projects underway, four of which we
19 feel like have enough visibility or interest either on the
20 legislative side or enough impact statewide that we wanted
21 to bring them to you and let you kind of get some idea
22 what's going on so if you're starting to hear things about
23 it, you're aware.
24 The first one is the marketing and sales of
25 special license plates. This is one that has legislative
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 89
1 interest. It was presented in two forms, one in the 78th
2 Legislature and again in the 79th Legislature, and it
3 changed at that point.
4 As you can see, it was not mandatory in the
5 78th, it was optional, it was permitted if we wanted to
6 pursue it. Definitely we had a lot of projects going and
7 that was one that definitely wasn't a priority.
8 It's an unprecedented type of program in the
9 United States, there's no other state that has this, so we
10 feel like there was a high risk involved with it until we
11 had time to do more analysis. So we did not move out
12 initially with it.
13 MR. WILLIAMSON: But we weren't afraid to be
14 the first one to do it?
15 MR. CRAIG: We're never afraid to be the first.
16 As long as we can make money and help people in the
17 public move goods and products.
18 MR. WILLIAMSON: We don't ever want to be
19 afraid of taking risks.
20 MR. CRAIG: We're not afraid to take risks at
21 all.
22 So in the 79th they changed that up quite a
23 bit. Came back to us, required us, in effect, to
24 implement this program, but in so doing, they also gave us
25 some benefits associated with that. In the prior bill
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 90
1 they had not provided funding up front. We shared that
2 risk with whichever vendor was the successful one that we
3 were to select. So in that respect, we benefitted from
4 it.
5 We have moved out on that and as you can see
6 there, there's certain things that it provides for:
7 personalized plates, organizational plates, collegiate
8 plates. Those are all involved in this process, plus they
9 can bring new plates to us as well, new plate designs. It
10 does specify that we recover all costs, but under this
11 provision, as we'll see later in the slide, those costs
12 ultimately would be paid back off the revenue generated
13 from the sale of these plates -- which we'll get into a
14 little pricing scheme as well later on.
15 Our goal is to increase revenue to the state.
16 We've had two bidders on this project, both feel that they
17 can do a really good job marketing and selling plates and
18 getting us an increased revenue from them.
19 As I mentioned earlier, the cost-sharing, the
20 risk-sharing, if you will, $632,000 was estimated by us to
21 start this project. Out of that, half of that would be
22 paid up front by this vendor. So they feel it's a very
23 viable project, we feel it's viable, and we're both going
24 to put money into it to prove it truly is a viable
25 project.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 91
1 To give you some idea of the timelines, we
2 initiated the initial RFP based on prior legislation in
3 February of 2005. This rocked along during the 79th
4 Legislature. At that point, it appeared that new
5 amendments to that law were going to be passed. We went
6 ahead and published the RFP as it was, based on the prior
7 legislation, and then provided through interviews and
8 negotiations with the two bidders, that we would work in
9 those new provisions and they would agree to it, and then
10 they would base their bids on that. So that's where we
11 are today.
12 We show there that October 27 is when we were
13 wanting to announce this winning bidder. We actually, at
14 this point, because of legislative interest, we knew even
15 prior to this that we wanted to brief those legislators
16 who did have interest, or their staff, as to where we were
17 on this, what we did, how we got to where we are, and why
18 we made the selection that we had, so that's going to
19 happen actually on November 2, next week. As soon as we
20 can brief those folks up on that, then we'll announce the
21 winning bidder.
22 Any questions on that? I've got four here so
23 I'll break at each one.
24 MR. JOHNSON: Mike, what sort of steps are they
25 going to take and venues are they going to use or outlets
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 92
1 to market specialty plates that, you know, we don't sort
2 of already do internally? How are they going to increase
3 outreach, I guess is my question.
4 MR. CRAIG: Correct. We don't really market
5 specialty plates, currently we don't have that capability,
6 we don't dedicate funds for that. Organizations who come
7 in, if there's an organizational plate, they do it
8 possibly, as well as the colleges if they want to. We
9 don't do that; this provides us that mechanism.
10 They'll go into dealerships where there's an
11 opportunity at that point where they're buying the
12 vehicle, hey, would you like a special plate with that?
13 Obviously we can put it in other venues as well, similar
14 to another project that we'll be talking about which you
15 and I have met with the press earlier on.
16 MR. JOHNSON: I think since the chairman is not
17 here that we should appoint him a committee of one. His
18 alma mater, I think, has moved to number three in terms of
19 the number of college license plates, and we should make
20 him the chairman and sole member of the committee to get
21 them back up, especially proportionate to their population
22 of graduates and interested parties.
23 MR. CRAIG: As we deal with our new vendor,
24 we'll certainly make that one a priority.
25 MR. JOHNSON: Well, volunteer his services.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 93
1 (General laughter.)
2 MR. CRAIG: Any other questions?
3 (No response.)
4 MR. CRAIG: Let me move on. The next project
5 we have that you would like to know about is the vehicle
6 registration compliance and public awareness campaign.
7 This is one that we've had going in a grassroots method
8 for the last number of months, and basically what we found
9 out, for a little background, Texas residents, as we all
10 know, need to title and register vehicles before they're
11 operated on the highways of our state.
12 We've got about 18.7 million vehicles
13 currently, and obviously as we get our toll roads and our
14 infrastructure in place and provide more opportunities for
15 industry, we're going to have more vehicles coming in.
16 And that brings in about $1.3 billion a year total; out of
17 that, a third goes to local government, to the local
18 county for their road and bridge funds, so it helps them
19 maintain their roads as well.
20 As we went through this bid process, there were
21 five bidders. We selected one bidder, obviously, named
22 Think Street. They've done a very good job, very creative
23 in the way they're going to market this campaign
24 statewide. We've had some public outreach already on
25 these things and I'll get into that just a little later,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 94
1 but so far we've been very pleased with what they've done
2 to this point.
3 The project scope, we didn't want to go into it
4 with a negative, you know, we want to beat you over the
5 head because you haven't registered your vehicle, we
6 wanted to make it positive to the public who may or may
7 not be aware what the requirements are associated with the
8 registration of vehicles and where that money actually
9 goes.
10 So what we tried to do is we have a very
11 diverse population, we're putting this out not only in
12 English but Spanish as well, to get it to everybody who
13 may have a vehicle that's operating. We're rolling it
14 out, as I said, with a positive message. It's basically
15 to remind current Texans and any newcomers who are coming
16 into the state because any newcomers who are in here that
17 are operating off the previous state's registration, they
18 have six months, eight months, ten months left on that and
19 they don't know that once they've established residency,
20 they've got to register their vehicle and title it in
21 Texas. Many of these people are going to want to comply
22 and if we just get the information out there to them, we
23 think they will.
24 Within 18 months we're seeking to reduce
25 registration noncompliance by a minimum of half a percent,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 95
1 and half a percent of what, I think, begs the question.
2 We have done ten years of public parking lot surveys, and
3 through that period of time we've consistently found of
4 Texas-plated vehicles, 4.5 percent are not currently
5 registered. So that's our base. From that we're trying
6 to reduce that by half a percent.
7 What that equates to is through that analysis
8 of that 4.5 percent, it comes to about 720,000 vehicles a
9 year that are not registered for the entire year.
10 Extrapolate from that $60 in registration, it comes to
11 $43.2 million of just the Texas vehicles. We can't
12 quantify those that are coming in with out-of-state
13 plates, out-of-country plates, we don't know if they're
14 truly Texas residents or not. That's where the
15 information, the public awareness will be targeted.
16 If we can reduce that by half a percent, we
17 bring in $43.2 million. Well, overall if we did all 4.5,
18 this half percent, we basically get $5.6 million.
19 We benchmarked this, we've gone through and
20 modeled the program that we currently have in progress.
21 We take that data on, we'll extrapolate from that later on
22 to developing our improvement. We're going to follow up
23 with research again in 2005 into 2007 to gauge the
24 effectiveness of this campaign. We really encourage
25 Texans, let's go out and do the right thing. And Texans,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 96
1 if we know about it, all tend to do the right thing, and I
2 believe that we find that to be true with Hurricane
3 Katrina, Hurricane Rita, Hurricane Wilma, everybody steps
4 up and tries to help. In this case, you've got a product
5 that you're paying for that you're actually going to
6 benefit from because you're putting that much back into
7 it.
8 The cost of the project is $2.5 million over a
9 two-year period. Again, if you think back to what I just
10 mentioned, if we can drop it by half a percent, we can
11 more than pay for the project within 18 months, and we
12 feel like we can beat that.
13 As I mentioned earlier, the out-of-state/out-
14 of-country registrations that are running on our highways,
15 if those in fact turn out to be Texas residents and they
16 will come in and register their vehicles, we think there's
17 more money to be had than the $43.2 million. So we think
18 this will make some real inroads on that.
19 Actions to date and timeline. We have done
20 posters; we have done phone calls. We found that one-
21 fifth of Texans think that registration is a source of
22 revenue-building to maintain Texas highways, only one-
23 fifth. Eighty percent don't; they weren't aware of it.
24 When told where the money goes, they are much more
25 supportive, much more inclined to come in on time to
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 97
1 register their vehicles.
2 We did telephone calls. More than 95 percent
3 of these folks agreed that liability insurance -- which is
4 another area I'll touch on a little bit later in another
5 presentation -- is very important, and obviously we all
6 want our vehicles that are out there to have current
7 insurance. Almost three-fourths believe that individuals
8 who drive without vehicle registration are also less
9 likely to have that insurance, so there's a connection.
10 The target audience was identified, strangely
11 enough, as the 18 to 34 group which that's in my rearview
12 mirror, but there certainly is a large contingent out
13 there of those folks and we're trying to touch that
14 particular group.
15 We're doing a statewide radio campaign that
16 began in September and it's going to run through December
17 of this year. Public relations grassroots efforts is
18 being conducted in three pilot markets, and that's
19 underway right now. Those three were in Longview, El Paso
20 and Houston.
21 Commissioner Johnson and Commissioner Houghton
22 were nice enough to come out and meet with us, we had
23 press conferences there, we think they went very well, and
24 we think that this is certainly a process where as we see
25 changes may need to be made of what we're presenting to
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 98
1 the public, but I think we're very positive on how that's
2 going to work for us. And that's going to go through the
3 end of this year.
4 We've got special promotional events underway.
5 We've already done one at the Astros game, prior to the
6 end of the season, obviously, that we were actually in the
7 booth with the announcers and they were discussing this
8 with us. That's going to continue on with the Houston
9 Texans games. Hopefully they'll score some touchdowns and
10 more people will be watching. But that's going to
11 continue as well.
12 As I said, we've got bilingual available print
13 material and you'll see some of those things in the press
14 package you got. We've got rack brochures, bumper
15 stickers, posters, we've got all kinds of things. We're
16 going to style this somewhat along the lines, hopefully as
17 successful, as the Don't Mess With Texas campaign. We
18 hope to get to that level of success.
19 Statewide kickoff. As we finish these
20 grassroots, we're going to move to a statewide
21 implementation in '06 in January. You're going to see a
22 whole lot of heavy television and radio spots on this,
23 you're going to be seeing more and more of it. You'll
24 also notice in your package you got CDs that have musical
25 jingles and they really are catchy. Put them in your cars
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 99
1 as you drive around and I think you'll find them very
2 interesting.
3 Outdoor advertising obviously is another area
4 that we're going to really focus on to try to get the
5 information out there.
6 As said, we're going to try to get this into
7 the driver's education curriculum in the schools too. We
8 think that if the young child is aware of it and they
9 notice their parent's windshield is not displaying a
10 current registration that they may place a little pressure
11 on them. It's not a punitive issue; it's one of
12 encouragement by their child.
13 Any questions on that particular campaign?
14 MS. ANDRADE: I have one. I have to say that I
15 really like the Spanish one, and [speaks in Spanish] is
16 very catchy, but do you have a bumper sticker in Spanish?
17 MR. CRAIG: Yes, we do. All those are going to
18 be bilingual.
19 MS. ANDRADE: Great.
20 MR. CRAIG: This campaign they have three
21 registered trademarks. What they're focusing on is Put
22 Texas In Your Corner.
23 MS. ANDRADE: I really like that.
24 MR. CRAIG: That's the one. They also have
25 Registered Texan, and Check the Date and Love your State.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 100
1 We feel like we can get the folks, when they step in
2 their car every day and put the key in and look over at
3 their windshield, if they will do that and check that
4 date, even if we don't get them a renewal notice -- which
5 occasionally we don't -- it will prompt them for coming in
6 and registering their vehicles. This will certainly be
7 daily prompt for them if they will just get in the habit.
8 MS. ANDRADE: Thank you.
9 MR. JOHNSON: Mike, how are we progressing on
10 the issue of the sticker itself and unbundling that from
11 its paper container when you receive it in the mail and
12 making it either childproof or genius-proof, pick your
13 poison?
14 MR. CRAIG: Well, what you're asking about is
15 our current point of sale sticker that we've just
16 implemented and had some issues with. I'll steal a quote
17 I recently heard, without attribution, we've got a
18 problem, we've got a plan and we're moving up to correct
19 that.
20 (General laughter.)
21 MR. WILLIAMSON: That's the best way to deal
22 with it.
23 MR. CRAIG: That's where we're going. We're
24 working with our partners which are the tax assessor-
25 collectors, they're giving us good input from the
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 101
1 customers. Obviously we're getting direct input from the
2 customers as well.
3 The process itself, the system itself is
4 flawless, the automated system has been perfect. We're
5 working, right as we speak, to improve that project, the
6 actual functional portion of that project to get something
7 out. It's going to take three months to simulate actual
8 usage through our lab with Thomas Bohuslav and
9 Construction, but once we get that new design in and make
10 sure it works as it should under laboratory conditions,
11 but we're also going to look at the practical application
12 as well to make sure that we don't slow down the customer
13 and cause any inconvenience.
14 MR. JOHNSON: Well, laboratory conditions are
15 fine but field trials might even be better.
16 MR. CRAIG: And in truth, we had field trials.
17 We piloted this in numerous counties and never had a
18 problem with it. The problems really came up where we've
19 got the larger counties and we do more volume, and they're
20 more vocal.
21 MR. JOHNSON: So the larger volume created an
22 inconsistency in the way people received their
23 registration stickers and how do you unbundle the
24 registration sticker from its contents?
25 MR. CRAIG: I think they're more vocal about
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 102
1 it.
2 MR. JOHNSON: Or the larger areas just more
3 bumblers and fumblers like I am and can't separate it.
4 MR. CRAIG: It seems like where you have a more
5 rural group, and we were in the smaller counties or less
6 metropolitan counties, smaller metropolitan counties, they
7 had more direct contact and conversation with those
8 customers and were able to explain it better to them, or
9 they would physically show them how that works, and so
10 there was less dissatisfaction.
11 Then we had actually defective forms. It was a
12 little complex on how you did it anyway, and then you
13 factor in the defective forms as well, then you have some
14 real problems, and we are addressing those.
15 MR. JOHNSON: Thank you.
16 MR. WILLIAMSON: John, whenever you move out to
17 Old Washington, you'll find that those of us who live in
18 the country have a little more time to do things.
19 MR. JOHNSON: Well, I look forward to that day.
20 (General laughter.)
21 MR. CRAIG: Any other questions on this?
22 (No response.)
23 MR. CRAIG: The next one we had is the vehicle
24 registration renewal outsourcing. This is a brand new
25 bill that was introduced last session, a new statute.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 103
1 Previously we had not had the capability to advertise in
2 our renewal notices that we send out each year to 18-
3 something million of our customers. This provides that
4 under House Bill 2702.
5 What it provides is -- and the commission does
6 have involvement here because they are the ones who
7 authorized us to proceed with this -- a contract with a
8 vendor for not only the insertion of the advertising in
9 the renewal, but we're looking potentially at having them
10 do the whole process for us, we'd like to outsource it
11 all, if possible. That would be the printing, the
12 inserting, the envelopes. If they feel like it's
13 advantageous to them to change the size of the envelopes,
14 the style of the renewal, they'd pick up all the costs of
15 that.
16 There is precedent for this one, as opposed to
17 the special plate marketing that I spoke of earlier. We
18 checked and there are two other states currently doing
19 this, there's New York and Florida. And they've realized
20 benefits from it, it seems to have worked well for them to
21 this point. We talked to both jurisdictions and they
22 fully support it.
23 The project scope, as I mentioned earlier, they
24 will produce these inserts, they will coordinate these
25 with any, like General Motors or Ford Motor Company, any
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 104
1 of the larger corporations who would like to advertise,
2 and they'd use that revenue to offset any additional costs
3 associated with this.
4 It's a cost-sharing project. We'll pay for
5 basically what we have done in the past, but if they add
6 weight to that mail package, it goes above an ounce,
7 they're going to pay the cost of that. As I said earlier,
8 they're going to pay for any programming associated with
9 this and any changes that are associated with the
10 envelopes or the renewal notices themselves.
11 And basically it's a possible bonus. We would
12 see this as a potential bonus of about a million dollars a
13 year for the department.
14 Our goals, again, reduce costs associated with
15 the mailing of approximately 1.5 million -- that's 18
16 million a year, that's 1.5- monthly, and then there's no
17 computer program costs associated, they pick up all the
18 costs.
19 Where we are now, we've got our timeline
20 developed for it, we've got our RFP being developed, we're
21 going to try to get this out on the street by January
22 2006, and basically do the things that I spoke about,
23 their redesign, all those things would be part of our
24 discussions with that vendor as to how we're going to
25 proceed.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 105
1 Any questions on that?
2 (No response.)
3 MR. CRAIG: Okay. Last but not least is our
4 financial responsibility verification program. This is a
5 subject that's been tackled by the legislature for a
6 number of years without resolution. It was also at one
7 point given to the Texas Department of Public Safety to
8 address. They came out with a report recommending a
9 delay, if you will.
10 In the last session under Senate Bill 1670 it
11 was given to the Texas Department of Insurance to lead but
12 partnering with TxDOT, with DIR, Department of Information
13 Resources, and also with the DPS, to sit down and try to
14 work out a program that will provide a means to reduce,
15 obviously, noncompliance, those that don't have current
16 insurance to come in and register their car or get their
17 driver's license or get their vehicle inspected, to have
18 that in place when they do come in.
19 And in addition to that, it's not just an
20 event-based process, so when you come in and register your
21 vehicle and you walk out and you go cancel your insurance
22 and nobody knows about it. What we want to do is provide
23 a means that we have ongoing verification so when you walk
24 out the door and you cancel that insurance, we know about
25 it, and we get back to that person to bring him back into
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 106
1 compliance or we flag their record in some way to cause
2 them to provide more evidence the next time they come in
3 as to what their current status is.
4 So we're trying to fulfill the goals of 1670,
5 we're trying to decrease the number of uninsured motorists
6 in Texas, we want to enhance the goals to validate proof
7 of insurance and we want to provide ability to law
8 enforcement to identify insurance coverage on vehicles
9 involved in accidents. And we feel like we're moving
10 ahead quickly on this.
11 The cost. We have a $6 million appropriation
12 for this to spend on this. That money is in actually
13 TxDOT's Fund 6 budget. From that the TDI, as they sort of
14 pay for this development or whatever costs associated with
15 it, the implementation and maintenance will start to build
16 out of that fund.
17 Actions to date, the project charter has been
18 approved. I have noted there a request for proposal.
19 It's actually an invitation to negotiate. I found out
20 after we did this kind of what the difference is, but it's
21 similar, I would think. Those responses are due back. We
22 have a pretty strict timeline on this. By law the vendor
23 is supposed to be on board by December, so the window is
24 closing rapidly to get that done.
25 And implementation of the system is due, and
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 107
1 again mandated by the legislation, for the end of 2006.
2 What we really foresee at this point is a phased
3 implementation, doing the passenger vehicles first and
4 commercial vehicles last. So that's the status on that.
5 We really do feel like this program and the
6 level of interest of all the departments involved and the
7 agencies, along with the insurance industry -- that
8 obviously has a high interest in how this is going to be
9 structured -- that we're going to come out with a very
10 good product.
11 Any questions?
12 MR. WILLIAMSON: Questions, members?
13 MR. HOUGHTON: Good show.
14 MR. WILLIAMSON: We like what you're doing.
15 MR. CRAIG: We'll keep you posted as things
16 move along.
17 MR. HOUGHTON: Remember the committee that
18 Chairman Williamson is a member of one.
19 MR. CRAIG: You weren't here, Mr. Chairman, but
20 you were volunteered in absentia.
21 MR. WILLIAMSON: As a committee of one?
22 MR. CRAIG: Yes, I think it was. I didn't see
23 any other hands go up.
24 (General laughter.)
25 MR. CRAIG: Okay, that's all I've got.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 108
1 MR. BEHRENS: Okay, Mike, you can just stay up
2 there.
3 We'll go then to agenda item number 4(a)(1)
4 where we're going into our proposed adoption of rules.
5 MR. WILLIAMSON: Mike, have you heard anything
6 from the automobile industry about any of this, from the
7 automobile dealers?
8 MR. CRAIG: About which?
9 MR. WILLIAMSON: About any of this.
10 MR. CRAIG: Well, let's see, there's really not
11 anything negative. The insurance issue is one that we've
12 already dealt with as far as the dollar fee that's
13 collected. Dealers are not required to verify insurance
14 by law, however, we do provide that they can collect a
15 dollar insurance fee. So as long as they're exempted from
16 that requirement to verify insurance, I doubt if we're
17 going to have an issue with it at all. I think that would
18 be the only one that would kind of lap over something they
19 might be concerned about.
20 MR. WILLIAMSON: Okay.
21 MR. BEHRENS: These rules pertain to some
22 corrections in rules that pertain to VTR.
23 MR. CRAIG: What I'm bringing to you today are
24 proposed amendments that we would like to obviously
25 present to you for an option and they're really clean-ups,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 109
1 there's not a lot to them. They were bringing forward
2 some statutory cite changes from the 78th Session, and
3 then we've got specific ones that are just non-
4 controversial legislation that was passed in the 79th.
5 I can walk through this with you real quickly,
6 if you'd like. Just for example, we're touching on cotton
7 vehicles and the ability of those to also transport chili
8 peppers, to use that same statute, which provides a little
9 broader width for operation of those modules on the
10 highways. Again, not controversial at all.
11 We've got classic travel trailers. Again,
12 these are older vehicles, 25 years old or older, that can
13 operate the vehicles without limitation. They pay an
14 additional $15 fee for registration of that vehicle.
15 All-terrain vehicles were also addressed the
16 last session of the legislature. Basically instead of
17 having only a three-wheel vehicle and only having a
18 saddle. they've also now provided for a multi-wheel
19 vehicle, a redefinition of that, and also a bench seat as
20 opposed to just a saddle. You can see these are not real
21 complex.
22 The last one that I can address for you was
23 salvage vehicles, they redefined that to less complex but
24 probably equally contentious at some point by the public
25 because it provides for totaling of vehicles by insurance
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 110
1 companies that many people feel like older vehicles should
2 not be totaled, but by the value, pre-damage value. If
3 the damage itself is of such a dollar value, the insurance
4 company tends to total those out, and the upshot of that
5 is when they do that under current law -- used to you
6 could pay a total loss and the individual would keep that
7 vehicle and continue to operate the vehicle as if it were
8 not totaled out, now we have to be notified. We then flag
9 that record, they do become salvage vehicles, and that's
10 noted on their subsequent title which reduces the value of
11 it, and there's money associated with that process that
12 the customer has to pay.
13 But for this purpose, all we're doing is citing
14 that change to that definition of what a salvage vehicle
15 is.
16 So having said all that, I would recommend at
17 this time and propose that we adopt these amendments.
18 Any questions?
19 MR. WILLIAMSON: Members, you've heard the
20 recommendation. Do you have questions or comments?
21 MR. JOHNSON: So moved.
22 MR. HOUGHTON: Second.
23 MR. WILLIAMSON: I have a motion and a second.
24 All those in favor of the motion will signify by saying
25 aye.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 111
1 (A chorus of ayes.)
2 MR. WILLIAMSON: All opposed, no.
3 (No response.)
4 MR. WILLIAMSON: Motion carries.
5 MR. BEHRENS: Agenda item 4(a)(2), these are
6 rules pertaining to right of way, and John Campbell will
7 present these for you.
8 MR. CAMPBELL: Good morning. For the record,
9 my name is John Campbell, director of the Right of Way
10 Division.
11 I'd like to present for your consideration this
12 morning Minute Order Number 4(a)(2) which provides for the
13 proposed adoption of new Section 21.801 and new Section
14 21.802 concerning acquisition and disposal of real
15 property from rail facilities.
16 Section 21.801 is a new section which adopts
17 essentially the same acquisition procedures that apply to
18 right of way to accommodate rail facilities. It describes
19 the requirements for those purposes, it provides for a
20 unique two-step process of review and approval by the
21 commission. So the commission will actually first approve
22 the investigation of the purchase of the property, and
23 then will come back to follow up with approval of the
24 actual acquisition. It also clarifies that the department
25 may use a right of way acquisition provider under a CDA to
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 112
1 acquire real facility property.
2 Section 21.802 essentially adopts the same
3 procedures for existing real property, disposal for rail
4 facility property. It also creates a priority for
5 consideration of the sale of surplus rail property and
6 that also allows for a little bit more flexibility when we
7 have an exchange situation so that we can deal with a
8 party to an exchange.
9 It also authorizes the commission to consider
10 the cost of future maintenance as fair value consideration
11 for the transfer of property to another governmental
12 entity. It also directs the revenue from the sale of any
13 rail facility property be credited to the State Highway
14 Fund.
15 Staff recommends your approval of these
16 motions. Any questions?
17 MR. WILLIAMSON: Members, you've heard the
18 explanation. Do you have any questions or comments?
19 MR. JOHNSON: So moved.
20 MR. HOUGHTON: Second.
21 MR. WILLIAMSON: I have a motion and a second.
22 All those in favor of the motion will signify by saying
23 aye.
24 (A chorus of ayes.)
25 MR. WILLIAMSON: All opposed, no.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 113
1 (No response.)
2 MR. WILLIAMSON: Motion carries.
3 MR. BEHRENS: Agenda item 4(a)(3) concerns
4 travel information and is to link community websites to
5 our rest areas and to our travel information centers.
6 Doris?
7 MS. HOWDESHELL: Good morning, commissioners.
8 For the record, my name is Doris Howdeshell and I'm the
9 director of the Travel Division.
10 The minute order before you today is for
11 proposed adoption of new 23.13 concerning links to
12 community websites from rest areas and travel information
13 centers. The purpose of this minute order is to outline
14 the policies and procedures that communities must follow
15 in order to make that link.
16 The purpose of the links is to provide
17 information to the traveling public when they are standing
18 in a rest area, for example, that has a Wi-Fi connection.
19 There are paragraphs in here that provide for how to get
20 approval for links and also removal if there are
21 complaints in regard to the link.
22 Staff recommends approval and I'll be glad to
23 answer any questions.
24 MR. WILLIAMSON: Members, you've heard the
25 explanation and recommendation. Do you have questions or
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 114
1 comments?
2 MR. JOHNSON: Doris, you mentioned what would
3 be one of the reasons that there might be a removal?
4 MS. HOWDESHELL: If we get three complaints
5 from the traveling public, for example, if the information
6 on that community's website is outdated or inaccurate,
7 then we would work with that community to get the
8 information either updated or remove it from the link.
9 MR. JOHNSON: While I've got you in my sights,
10 I wanted to mention personally the terrific job the Travel
11 Division did on the film at the short course. I thought
12 it was exceptional. I made those comments but I didn't
13 get to see you and congratulate you.
14 And then more subtly, I want you, for mapping
15 purposes, to consider the difference between Yellowstone
16 National Park and Old Faithful, just a subtle difference
17 there.
18 MS. HOWDESHELL: Thank you very much. Thank
19 you for your comments.
20 MR. WILLIAMSON: Do you want to respond to that
21 Old Faithful-Yellowstone shot or just leave that lay.
22 MR. JOHNSON: No. That's another issue that
23 we've been discussing.
24 MR. WILLIAMSON: Members, do you have other
25 questions or comments for staff?
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 115
1 MR. HOUGHTON: So moved.
2 MR. JOHNSON: Second.
3 MR. WILLIAMSON: I have a motion and a second.
4 All those in favor of the motion will signify by saying
5 aye.
6 (A chorus of ayes.)
7 MR. WILLIAMSON: All opposed, no.
8 (No response.)
9 MR. WILLIAMSON: Motion carries.
10 MR. BEHRENS: Agenda item 4(a)(4), these are
11 proposed rules for adoption concerning oversize and
12 overweight vehicles. Carol?
13 MS. DAVIS: Good morning. I'm Carol Davis,
14 director of TxDOT's Motor Carrier Division.
15 The minute order you have before you proposes
16 rule amendments to Chapter 18 concerning oversize and
17 overweight limits. These amendments are mostly clean-up:
18 they clarify motor carrier registration requirements for
19 permit applicants; they clarify escort vehicle
20 requirements; implement several bills that were passed
21 during the past session; they eliminate a requirement for
22 certain permit applicants to provide tax lien information;
23 and clarify reporting requirements for an extended
24 expiration date for Port of Brownsville permits.
25 We also have a new section, Subchapter 8, which
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 116
1 implements provisions of House Bill 1044. This
2 establishes the Chambers County permitting program,
3 provides for the county to issue permits for the transfer
4 of overweight loads on FM 1405 and the frontage roads of
5 SH 99 and Cedar Crossing Business Park. And requirements
6 in these proposed rules were modeled after the Port of
7 Brownsville permitting program.
8 We are recommending approval of the minute
9 order.
10 MR. WILLIAMSON: Members, you've heard the
11 explanation and recommendation. Do we have questions or
12 comments?
13 MR. JOHNSON: Carol, again while I've got you
14 in my sights, I think few people realize or recognize the
15 amount of work that you and your team did in concert with
16 the districts as a result of Hurricane Rita and her visit
17 and the repercussions afterwards, and I appreciate what
18 everybody did and what you were able to do in response to
19 my call in terms of some of these overweight and oversized
20 residential moving of residences getting back into place.
21 MS. DAVIS: Thank you. I appreciate that.
22 MR. WILLIAMSON: Other questions or comments,
23 members?
24 MR. JOHNSON: So moved.
25 MR. HOUGHTON: Second.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 117
1 MR. WILLIAMSON: I have a motion and a second.
2 All those in favor of the motion will signify by saying
3 aye.
4 (A chorus of ayes.)
5 MR. WILLIAMSON: All opposed, no.
6 (No response.)
7 MR. WILLIAMSON: Motion carries.
8 MR. BEHRENS: Moving to our rules for final
9 adoption, agenda item 4(b)(1) concerning rail facilities
10 and comprehensive development agreements. Doug?
11 MR. WOODALL: I'm Doug Woodall, TP&D for the
12 Turnpike Division. I'm here for Mr. Russell who is on a
13 well-deserved vacation.
14 MR. WILLIAMSON: He sure doesn't look like
15 Phil. Now, who determined well-deserved, his employees?
16 I mean, who was the well-deserved vacation? Did you need
17 a vacation from him?
18 MR. WOODALL: Yes, sir.
19 MR. WILLIAMSON: One thing about this
20 commission is we'll help you dig that hole just as deep as
21 you can.
22 (General laughter.)
23 MR. WOODALL: House Bill 2702 of the 79th
24 Legislature --
25 MR. WILLIAMSON: Is this your first appearance?
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 118
1 MR. WOODALL: Pardon?
2 MR. WILLIAMSON: This is the first time you've
3 been in front of us?
4 MR. WOODALL: Yes, sir.
5 MR. WILLIAMSON: Oh, man, this is a free shot.
6 MR. HOUGHTON: There's no video record of this
7 either.
8 (General laughter.)
9 MR. WOODALL: House Bill 2702 authorized the
10 department to enter into comprehensive development
11 agreements for rail facilities or rail systems. This
12 minute order would adopt new Section 7.11 concerning
13 comprehensive development agreements for these facilities
14 or systems.
15 Rules implementing this were part of a new
16 Texas Administrative Code Chapter 7 entitled Rail
17 Facilities. The additions to the rules were posted in the
18 Texas Register, an opportunity for comments was offered
19 till 5:00 p.m. on September 12, 2005. We received no
20 comments.
21 Staff recommends your approval.
22 MR. WILLIAMSON: No comments?
23 MR. WOODALL: That's correct, sir.
24 MR. WILLIAMSON: Everybody liked it?
25 MR. WOODALL: Pretty straightforward, a little
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 119
1 bit over one page of rules that pretty much defer the
2 processes and procedures for rail facilities to Chapter 27
3 which is our established process for comprehensive
4 development agreements.
5 MR. WILLIAMSON: Members, you've heard the
6 explanation and the recommendation. Do we have questions
7 or comments?
8 MR. HOUGHTON: So moved.
9 MR. JOHNSON: Second.
10 MR. WILLIAMSON: I have a motion and a second.
11 All those in favor signify by saying aye.
12 (A chorus of ayes.)
13 MR. WILLIAMSON: All opposed, no.
14 (No response.)
15 MR. WILLIAMSON: Motion carries.
16 MR. BEHRENS: Jim is going to talk about final
17 rules for adoption concerning our Unified Planning Work
18 Program.
19 MR. RANDALL: Yes, sir. Good afternoon,
20 commissioners. Jim Randall, director of the
21 Transportation Planning and Programming Division.
22 Item 4(b)(2), this minute order adopts
23 amendments to Title 43, Texas Administrative Code Section
24 15.4 relating to the Unified Planning Work Program.
25 Section 15.4 currently provides that travel outside the
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 120
1 metropolitan area boundary by a metropolitan planning
2 organization staff and other agencies participating in the
3 MPO planning process shall be approved by the department
4 and funded from the Transportation Planning funds. The
5 amendment to Section 15.4 removes this requirement and
6 instead requires department approval of travel outside of
7 Texas.
8 The amendments further provide that the travel
9 through Arkansas by the Texarkana MPO staff and travel
10 through New Mexico by the El Paso MPO staff shall be
11 considered in-state travel.
12 The proposed rules were published in the August
13 12, 2005, issue of the Texas Register and comments were
14 received through September 12. One comment was received
15 from the Association of Texas Metropolitan Planning
16 Organizations, or TMPO. TMPO agrees with the amendments
17 to remove the requirement that the department approve
18 travel beyond metropolitan area boundaries but raised
19 other issues outside the scope of the proposed rules. The
20 department staff will consider TMPO's other comments for
21 possible future rule amendments.
22 Adopting these rules will reduce administrative
23 burdens on both the department and the MPO staffs. Staff
24 recommends approval of this minute order.
25 MR. WILLIAMSON: Members, you've heard the
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 121
1 explanation and the recommendation. Do we have questions
2 or comments?
3 MR. HOUGHTON: So moved.
4 MR. JOHNSON: Second.
5 MR. WILLIAMSON: I have a motion and a second.
6 All those in favor of the motion will signify by saying
7 aye.
8 (A chorus of ayes.)
9 MR. WILLIAMSON: All opposed, no.
10 (No response.)
11 MR. WILLIAMSON: Motion carries.
12 MR. BEHRENS: Agenda item 4(b)(3) are rules for
13 final adoption concerning our Logo Sign Program. Carlos?
14 MR. LOPEZ: Good afternoon, commissioners. My
15 name is Carlos Lopez and I'm director of the Traffic
16 Operations Division.
17 The minute order before you provides for final
18 adoption of rules to implement Senate Bill 1137 and House
19 Bill 2453 of the last legislative session. The rules
20 allow for implementation of a tourist-oriented directional
21 sign program for wineries, agricultural interest
22 facilities, and other tourist-oriented businesses, allow
23 24-hour pharmacies to participate in the Logo Sign
24 Program, and repeal the Major Agricultural Interest Sign
25 Program.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 122
1 The proposed rules were published in the Texas
2 Register on September 9, 2005, and we received two
3 comments. The Railroad Commission of Texas has requested
4 that propane retailers be allowed to participate in the
5 Tourist-Oriented Directional Sign Program. The department
6 declined to accept this comment since propane retailers do
7 not represent a significant or unique tourist attraction,
8 however, these proposed rules would allow gas stations
9 that have propane-refueling capabilities to have a propane
10 legend added to their logo sign.
11 A private citizen requested that the proposed
12 rules be amended to allow the use of an RV-friendly symbol
13 on the logos of those businesses that meet certain
14 requirements for the parking and movement of recreational
15 vehicles on their property. The department agreed with
16 this comment and has incorporated in it the new language.
17 We recommend approval of this minute order.
18 MR. WILLIAMSON: So now we can drink and get
19 plenty of propane on our way, those signs tell us where to
20 do that.
21 MR. LOPEZ: Yes, that's exactly right.
22 MR. WILLIAMSON: This would be Frank Madla's
23 pet project.
24 Members, you've heard the explanation and
25 recommendation. Do we have questions or comments?
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 123
1 MR. HOUGHTON: Move to approve.
2 MS. ANDRADE: Second.
3 MR. WILLIAMSON: You have some thoughts, John?
4 MR. JOHNSON: I don't have any comments, no.
5 MR. WILLIAMSON: I have a motion and a second.
6 All those in favor of the motion will signify by saying
7 aye.
8 (A chorus of ayes.)
9 MR. WILLIAMSON: Opposed, no.
10 (No response.)
11 MR. WILLIAMSON: Motion carries.
12 MR. BEHRENS: Agenda item number 5 is our
13 Transportation Planning minute orders; there are three
14 minute orders and Jim Randall will present those to you.
15 MR. RANDALL: Again, good afternoon,
16 commissioners. Jim Randall, director of the
17 Transportation Planning and Programming Division.
18 Item 5(a), this minute order approves the 2006
19 Statewide Mobility Program of the Unified Transportation
20 Program, or UTP. The UTP is the basic transportation
21 planning document that guides and controls project
22 development and construction for the department.
23 In order to align the UTP with the simplified
24 budget strategies outlined in the Strategic Plan, the
25 department has divided the UTP into two documents: the
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 124
1 Statewide Preservation Program and the Statewide Mobility
2 Program.
3 The Statewide Mobility Program is part of the
4 BUILD IT strategy and contains all the department's
5 categories which enhance the transportation system.
6 Additionally, the 2006-2008 Aviation Capital Improvement
7 Program, as recommended by the Aviation Advisory Committee
8 at its August 4, 2005, meeting, is being submitted with
9 the SMP for your consideration.
10 Also included in the SMP are public
11 transportation project listings and program information
12 for 2006 through 2009. Actual transit program allocations
13 and your grant recipients will be approved by future
14 minute orders.
15 The 2006 SMP will authorize over $12 billion in
16 transportation projects through Fiscal Year 2009. Along
17 with the major mobility categories, the SMP will allocate
18 $840 million in new programs for congestion mitigation and
19 air quality funding, STP mobility funding for our eight
20 largest metropolitan areas, district discretionary
21 funding, and other transportation programs for state
22 parks, railroad crossings and landscaping.
23 The 2006 SMP incorporates funding from the
24 recently passed federal transportation bill SAFETEA-LU.
25 As part of SAFETEA-LU, Congress authorized new
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 125
1 congressional high-priority projects for Texas. In the
2 2006 SMP, we will ask the commission to authorize $660
3 million in new federal earmarks for project development
4 and construction.
5 Overall, SAFETEA-LU will provide an estimated
6 $14.5 billion for Texas through Fiscal Year 2009. This is
7 the third such increase over the last federal bill TEA-21.
8 A 30-day comment period regarding the draft
9 2006 SMP ended October 7 with no comments received. With
10 approval of this minute order, the department may continue
11 the project planning and development for Fiscal Year 2006
12 and beyond.
13 Staff recommends approval of this minute order.
14 MR. WILLIAMSON: Now, Jim, you said this would
15 result in what level, what dollar contract level in 2009?
16 MR. RANDALL: In 2009 we're probably looking at
17 at least $3 billion. This is $12 billion over the four-
18 year period, 2006 through 2009.
19 MR. WILLIAMSON: And how does that compare with
20 say the current year?
21 MR. RANDALL: I believe we're over that right
22 now as far as we're in the $3- to $4 billion, I believe,
23 as far as actual letting.
24 MR. WILLIAMSON: So by inference, the plan
25 itself doesn't anticipate what changes might occur at the
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 126
1 local or regional level, nor what concessions the regions
2 might be executing.
3 Members, you've heard the explanation and the
4 recommendation. Do you have questions or comments?
5 MR. JOHNSON: So moved.
6 MR. HOUGHTON: Second.
7 MR. WILLIAMSON: I have a motion and a second.
8 All those in favor will signify by saying aye.
9 (A chorus of ayes.)
10 MR. WILLIAMSON: All opposed, no.
11 (No response.)
12 MR. WILLIAMSON: Motion carries.
13 MR. RANDALL: Thank you, sir.
14 Item 5(b), this minute order approves the 2005
15 Texas Rail System Plan and plan summary. The purpose of
16 the plan is to identify current and proposed rail
17 projects, determine infrastructure and capacity needs on
18 the Texas rail system, and to develop an awareness of the
19 issues and processes by which to address transportation
20 needs by policy-makers around the state.
21 The plan focuses on major rail relocations and
22 improvements to the state's rail system that provide
23 public benefits related to improved safety, reliable
24 mobility, economic vitality and system preservation.
25 House Bill 3588 and House Bill 2702 passed by
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 127
1 the 78th and 79th Texas legislatures, respectively,
2 broadened the department's responsibility concerning rail
3 facilities.
4 In an August 31, 2005, letter to the Federal
5 Railroad Administration, Governor Rick Perry designated
6 the department as the agency that will administer and
7 coordinate Texas's participation in rail-planning
8 activities and responsibilities as required by federal
9 regulations.
10 A public hearing notice was published in the
11 Texas Register on September 9, 2005, with comments
12 accepted through October 10, 2005. A public hearing on
13 the plan was held in Austin on September 23, 2005. Six
14 oral comments and 34 written comments were received, and a
15 summary of the comments and responses is shown as Exhibit
16 A.
17 I might also mention yesterday we received a
18 letter from Speaker Craddick also supporting the Rail
19 Plan.
20 Upon approval of this minute order, the 2005
21 Texas Rail System Plan will be submitted to the Federal
22 Railroad Administration through the Federal Highway
23 Division office.
24 Staff recommends your approval of this minute
25 order.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 128
1 MR. WILLIAMSON: I was just reading through
2 some of the comments. You didn't just print all the nice
3 ones, did you?
4 MR. RANDALL: Oh, no, sir. Go back to the
5 back.
6 MR. WILLIAMSON: Oh, there's some in back? I
7 didn't get there yet.
8 MR. RANDALL: As far as the comments they were
9 basically that they were pleased that we have the plan,
10 they were encouraged with and wanted us to put a little
11 more emphasis on passenger rail, especially high-speed
12 passenger rail. And of course, we got various comments on
13 supporting various corridors around the state. They
14 encouraged safety, also encouraged us looking at new
15 technologies to implement in the future.
16 One of them recommended that we reroute
17 existing proposed corridor beyond the existing one. This
18 was, I believe, out in the Coupland area those folks would
19 like to see us go farther out to the east if we could,
20 consider maybe rerouting that area.
21 Also, we made two slight revisions in the
22 document itself. We had mistakenly included a designation
23 of major metropolitan districts, leaving out Corpus and
24 Lubbock, and they showed us the error of our ways, so we
25 removed that reference from the report and the map,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 129
1 corrected that. Also, some mistake over affiliations we
2 needed to update.
3 MR. WILLIAMSON: Okay, members, you've heard
4 the explanation and recommendation. Do you have questions
5 or comments?
6 MR. HOUGHTON: So moved.
7 MS. ANDRADE: Second.
8 MR. WILLIAMSON: I have a motion and a second.
9 All those in favor of the motion will signify by saying
10 aye.
11 (A chorus of ayes.)
12 MR. WILLIAMSON: All opposed, no.
13 (No response.)
14 MR. WILLIAMSON: Motion carries.
15 MR. RANDALL: Item 5(c), this minute order
16 recommends the approval of five applications --
17 MR. WILLIAMSON: Isn't it amazing that we're
18 talking about rail? It's amazing. Six years ago, who'd
19 have thought we'd be talking about rail? It's amazing.
20 Go ahead.
21 MR. RANDALL: Okay, sir. We recommend the
22 approval of five applications seeking to deviate from
23 statutes on railroad safety that concern minimum clearance
24 distances between railroad tracks and structures.
25 On October 1, 2005, the department assumed all
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 130
1 powers and duties of the Texas Railroad Commission that
2 relates to railroads and the regulation of railroads, and
3 with the new law established by House Bill 2702, the
4 department is authorized to perform any act and issues in
5 your rules in orders permitted by the Federal Railroad
6 Safety Act of 1970.
7 Five applications concerning railroad safety
8 were filed with the Railroad Commission that are now
9 pending before the department. The applicants have
10 provided information such as plans, site restrictions and
11 photographs to describe obstructions within clearance
12 zones and the relative locations of existing and proposed
13 rail facilities.
14 A summary of the applicant information and
15 their requested railroad clearance deviations is shown in
16 Exhibit A. Each applicant has requested a deviation from
17 requirements specifying the minimum clearance between
18 railroad tracks and structures.
19 All plans and sites have been requested and
20 reviewed by department rail safety inspectors. The claims
21 for deviation requests have been reviewed and are
22 recommended for approval with specific qualifying
23 conditions.
24 Department rail safety inspectors will conduct
25 follow-up site visits to ensure the qualifying conditions,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 131
1 such as warning signs, lighted signs and other safety
2 features are installed as outlined in their applications.
3 Inspectors will also ensure that the servicing railroad
4 companies are notified of the clearance deviations.
5 Your approval will allow for greater, more
6 cost-effective use of these rail facilities while ensuring
7 the safety of railroad employees and facilities.
8 Staff recommends approval of this minute order.
9 MR. WILLIAMSON: This includes the item the
10 governor wrote us about with regard to cement?
11 MR. RANDALL: Yes, sir. There were five
12 applications pending that came over to us effective
13 October 1.
14 MR. WILLIAMSON: Mike, how bad is the cement
15 shortage impacting us on our construction business?
16 MR. BEHRENS: I think it's somewhat better but
17 there still are some contracts where they're still having
18 to get in line to get some cement, but I don't think it's
19 as bad as it was several years ago. But I think it's
20 probably if you have a bigger concrete business like some
21 of our contractors, they probably have some priorities.
22 If you're a small person, it probably is more of an
23 impact. Say the individual that goes out, he might have
24 to wait in line while large pours are being made.
25 MR. WILLIAMSON: Members, you've heard the
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 132
1 explanation and the recommendation. Do you have questions
2 or comments?
3 MR. HOUGHTON: Move to approve.
4 MR. JOHNSON: Second.
5 MR. WILLIAMSON: I have a motion and a second.
6 All those in favor of the motion will signify by saying
7 aye.
8 (A chorus of ayes.)
9 MR. WILLIAMSON: All opposed, no.
10 (No response.)
11 MR. WILLIAMSON: Motion carries
12 MR. BEHRENS: Agenda item number 6 concerns
13 toll projects. We'll have Doug come back up, and there's
14 three minute orders concerning Bexar County and the Alamo
15 Regional Mobility Authority, and then one concerning our
16 quarterly report concerning Travis and Williamson counties
17 on the Central Texas Turnpike System. Doug?
18 MR. WOODALL: Good afternoon again. My name is
19 Doug Woodall with the Turnpike Division.
20 Item 6(a), the minute order grants final
21 approval of a request by the Alamo RMA for financial
22 assistance in the amount of $1 million to enable them to
23 participate in the CDA procurement process on the US
24 281/Loop 1604 project, and also allow the RMA to obtain
25 engineering, financial and legal services for project
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 133
1 development and developmental financial terms proposed by
2 the Alamo RMA for inclusion in the CDA.
3 This minute order also directs the executive
4 director to implement the actions authorized and required
5 by these provisions.
6 Staff recommends your approval.
7 MR. WILLIAMSON: Why?
8 MR. WOODALL: To allow for participation of the
9 Alamo RMA with the Department of Transportation on this
10 project.
11 MR. WILLIAMSON: You're good. He only skipped
12 one beat.
13 (General laughter.)
14 MR. WILLIAMSON: We have the Honorable Dr.
15 Thornton with us, but if you don't mind, we'll lay out all
16 three and then speak about all three after all three are
17 laid out, if that's okay with you.
18 Is that okay, Richard?
19 MR. MONROE: Yes, sir.
20 MR. WILLIAMSON: Amadeo, can I talk with you a
21 moment, please? I'm sure the members have questions
22 besides myself, but I need to clarify something.
23 I'm keenly aware that when we do things we're
24 basically laying the groundwork to treat everybody the
25 same in the future, and I'm for all doing this, but I just
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 134
1 want to be sure I understand.
2 MR. SAENZ: For the record, Amadeo Saenz,
3 assistant executive director for Engineering Operations.
4 What we're doing here is we're working closely
5 in partnership with the Alamo RMA in the evaluation of the
6 CDA proposals that were received for the toll system
7 project on US 281 and Loop 1604. These toll equity
8 requests for $1 million will be allowed so that the Alamo
9 RMA staff can have resources to help us in the evaluation.
10 We're treating this toll equity request as a
11 loan with the understanding that we will have a success
12 story. If we have a success story, then the money that we
13 have basically provided to the RMA for their evaluation
14 can be paid back to the department so that we can then
15 have that money to be used for the development of other
16 potential projects across the state.
17 MR. WILLIAMSON: So if you're the Nueces RMA
18 some day, or you're the Coastal Bend RMA, and you're in
19 the process of thinking about your first project and
20 Kiewit comes along and proposes a CDA, much the same way
21 as the Cintra or Zachry American did to Alamo, we're
22 basically saying to the Coastal Bend RMA we're sitting
23 here ready to advance you the money to help you analyze it
24 along with us.
25 MR. SAENZ: Yes, sir.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 135
1 MR. WILLIAMSON: By habit, we're not going to
2 treat one area different from another.
3 MR. SAENZ: No, sir. We're going to basically
4 treat every area the same. We will advance you the money
5 so that you have the resources to be able to evaluate,
6 whether you're evaluating as part of the team, both of us
7 together, or if the project team be you as an RMA that was
8 independent, it could have a toll equity request for doing
9 the evaluation, but then as you go to closing and you go
10 out there and either get a concession fee back to the RMA
11 or you go out there and do your bond issuance to finance
12 the project, and at that point then you would basically
13 reimburse the department so that we would basically have
14 that money to be used elsewhere across the state.
15 MR. WILLIAMSON: And how will your
16 recommendation as the lead staff person differ if Kiewit
17 makes that proposal to the Coastal Bend RMA, not to us?
18 MR. SAENZ: It will work the same way. If the
19 RMA had already selected the project and were moving
20 forward with the project and they needed assistance for
21 the preliminary development and selection of a potential
22 concession, they would be doing the work, they would be
23 taking the lead, they can still come back and ask for toll
24 equity and we would treat it exactly the same.
25 But when they finish and go through their
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 136
1 process and do select someone to do the project, whether
2 they get a concession or they go through a bond issuance
3 where they get the resources to pay for the project as a
4 design-build project, and at that point that money could
5 be reimbursed back to the department. So it works the
6 same way, whether we're lead or they're lead.
7 MR. WILLIAMSON: Members, you've heard the
8 staff's explanation and recommendation and Amadeo has
9 answered my questions. Before I ask staff to lay out the
10 next one, do you want to ask questions about this, or do
11 you want to wait and hear them all?
12 MR. JOHNSON: Hear them all.
13 MR. WILLIAMSON: Okay, thank you, Amadeo.
14 Mike, if you don't mind, let's go ahead and lay
15 all three of them out and let Dr. Thornton speak.
16 MR. WOODALL: Item 6(b), this minute order
17 grants preliminary approval for the executive director to
18 negotiate and develop an agreement with the Alamo RMA for
19 the planning, financing, and potential design,
20 construction, operation and maintenance of several
21 projects by the Alamo RMA.
22 This will also include a license of state-owned
23 right of way to the Alamo RMA for the purpose of
24 developing these potential projects. These projects are
25 Interstate 35 from the Bexar-Guadalupe County line down to
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 137
1 Interstate 37 in the San Antonio Central Business
2 District, State Highway 16 west from Interstate Loop 410
3 to Loop 1604 north, and the US 281/Wurzbach Parkway
4 interchange.
5 This minute order also directs the executive
6 director to present the draft agreement to the commission
7 for its future consideration.
8 MR. WILLIAMSON: Again, members, want to
9 question and comment now or wait for the third? Okay, go
10 ahead.
11 MR. WOODALL: 6(c), this minute order will
12 grant preliminary approval of a request by the Alamo RMA
13 for financing in the amount of up to $7.5 million, also in
14 the form of a loan. The requested assistance will be
15 utilized for project-related work performed by the Alamo
16 RMA staff and administration, as well as legal, financial
17 and engineering consulting, for the purpose of developing
18 preliminary feasibility, environmental, public
19 involvement, schematics and preliminary financial plans.
20 The assistance may also include plans, specifications and
21 estimates, as needed.
22 The initial projects will include adding
23 capacity on the projects in the previous minute order:
24 Interstate 35, State Highway 16, and the US 281/Wurzbach
25 Parkway interchange.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 138
1 This minute order also directs the executive
2 director to implement the actions authorized and required
3 by those provisions.
4 MR. WILLIAMSON: Do you have questions?
5 (No response.)
6 MR. WILLIAMSON: Okay. We have as our witness
7 the Honorable Dr. Bill Thornton, who is the chair of the
8 Alamo Regional RMA. Bill, good morning, sir.
9 DR. THORNTON: Hi, Ric. How are you doing?
10 MR. WILLIAMSON: Fine. How are you?
11 DR. THORNTON: Hope, in all this misery of
12 athletic teams, you should remind them that San Antonio is
13 the home of the World Champion Spurs. We don't worry
14 about chalk and things like that.
15 (General laughter.)
16 DR. THORNTON: Let me say to Corpus Christi, as
17 a former mayor, former chairman of our chamber, the things
18 I heard this morning are very exciting, and I will tell
19 you clearly that those decision-makers in San Antonio, led
20 by primarily our Commissioner Hope Andrade, we look
21 forward to working with Corpus Christi and doing it in a
22 regional way, as you mentioned several times, to benefit
23 the people of Texas. It's very exciting what you're
24 doing. Congratulations.
25 Ric, I think we're seeing that vision you and I
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 139
1 talked about once casually and the governor's plan to
2 involve local involvement in addressing congestion
3 problems. This action today is a major step forward in
4 accomplishing that and taking it to a reality, and I think
5 it will be an exemplary act that you take here, and we
6 will take this very seriously and do a very good job.
7 These three items are significant. I remember,
8 Commissioner, and you said this is going to be a
9 challenging task, and we know that it is, and we take that
10 very seriously. But it also then binds us more closely,
11 which I talked about at your meeting in Austin. What
12 we're recognizing, I think, even more as you take this
13 action today is our partnership, our proper relationship
14 with TxDOT, that being the RMA and TxDOT.
15 As we talked about, we'll be using your right
16 of ways, we're using your resources, we will fit into your
17 system, we will fit into the interoperability of these
18 toll projects around the state. You clearly are what
19 binds all of this together, yet you, I think, very wisely
20 and generously allow for local participation.
21 This partnership is developing now with people,
22 not just documents and dollars, and I will tell you that
23 our engineer -- I call him ours -- David Casteel and his
24 staff, have done an exceptional job in bringing us into
25 this. And also Amadeo Saenz which we've talked personally
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 140
1 several times just simply to say thank you for the way
2 we're being managed, and this partnership is being
3 nurtured, I think, very, very well.
4 Let me say our community, since our meeting in
5 Austin last month when other polls were coming from other
6 communities, our community of those citizens who live
7 closest to this project are supporting these efforts at
8 the rate of 62 percent. That's a good estimate, and
9 that's before we've even started putting our message out
10 of the benefits of acceleration of these projects and
11 moving them along much quicker.
12 The task is before us. If you vote favorably
13 on this, you've given us an opportunity. We're here to
14 say thank you for that. The resources are tremendously
15 important for us. Every dollar we're spending is a loan
16 borrowed from the city and the county to this point and
17 then from TxDOT here.
18 Let me just add parenthetically, some way in
19 there, if there are ways to find some of our just day-to-
20 day, turning on the lights and paying the phone bills,
21 that would be helpful too, but clearly these are funds to
22 carry us through these major projects.
23 This nascent movement of RMAs, I promised you
24 several months ago we would become your favorite one and
25 that we would try to be a model for those who would
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 141
1 follow, and we do share advice with other RMAs that call
2 us. We take this very seriously and we're saying thank
3 you.
4 I will also tell you this, first one -- and I
5 mentioned this to Amadeo -- that we're going through with
6 your leadership -- and this, Commissioner Houghton, goes
7 back to what you were talking about -- as we look at these
8 future three projects, we will not look for separation
9 from TxDOT but rather we will be looking for more
10 partnering with TxDOT as we do any of our functions in the
11 future. We recognize how closely tied we are.
12 So we hope for a favorable vote on these and we
13 promise to do some good work for you, Mr. Chairman.
14 MR. WILLIAMSON: I appreciate those kind words,
15 Bill. You've worked hard and I think we've all
16 demonstrated patience as we go through the rough spots.
17 Tell me, it appears to me -- it could be a good
18 friend of mine once said you tend to project to the public
19 that which you wish to occur, you have to be careful about
20 that -- but it appears to me that almost suddenly across
21 the state people have kind of blinked twice and said,
22 Well, you know what, we don't have any money, I guess we
23 really do have to do this. It doesn't seem to have near
24 the emotional negativism that I saw even a couple of
25 months ago. It's almost like overnight people have kind
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 142
1 of opened their eyes and said, Look, it's either
2 congestion or pay for it; don't think it really matters,
3 gas tax or tolls, you've got to pay for it.
4 Are you seeing that in the San Antonio area?
5 DR. THORNTON: We are. Our polling shows and
6 our meetings with the citizens groups, if someone is
7 finally confronted with the truth of limitation of
8 funds -- and I point it out, I said, TxDOT is spending
9 money in San Antonio, 410 and I-10, 410 and 281, I-10 as
10 it comes into the downtown, hundreds and hundreds and
11 hundreds of millions of dollars, TxDOT is spending in San
12 Antonio. Now, if you want further dollars spent, we're
13 going to have to bring new dollars for these projects to
14 be accelerated. And people understand that.
15 If they recognize an effort, a tremendous
16 effort is being made but if we want more, we're going to
17 have to bring new dollars. And if you give them the
18 choice: raise your taxes, isn't going to happen; raise
19 your gas tax, I don't believe will happen. And both of
20 those are not choices, they are impositions, and everybody
21 in Bexar County will pay those when you fill your car or
22 pay your taxes, as opposed to tolling which is a choice
23 and only those who benefit from the improvement will pay.
24 So I think the vision, the creation of what
25 you've done several years ago -- and that's why I say this
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 143
1 nascent movement -- it's going to be received well if
2 people understand. And if we can get 62 percent of the
3 people before we send our message out, Commissioner
4 Andrade, already 62 percent, when we get the message out,
5 it's going to be much less volatile, it will be a welcome
6 approach to solving these problems in our cities.
7 MR. WILLIAMSON: Well, it just seems to me
8 like -- and I was talking with Mike last night -- I travel
9 the state a lot and just almost overnight it's changed,
10 it's been remarkable.
11 DR. THORNTON: You have served in elected
12 office. There are always those who say no, there are
13 always those who say no.
14 MR. WILLIAMSON: The easy way out, grabbing the
15 Road Fairy.
16 DR. THORNTON: But I will tell you, this effort
17 that you are giving us an opportunity to participate in
18 addresses these problems, I think, very fairly and very
19 effectively, and you involve local participation. It's a
20 very creative, farsighted way to do it.
21 MR. WILLIAMSON: Members, we've got three
22 minute orders before us, and you've heard staff's
23 explanation and recommendation and the witness speaks on
24 all three. Are there questions or comments of the
25 witness?
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 144
1 MS. ANDRADE: I'd like to make a comment.
2 Chairman Thornton, it's great to see these agenda items,
3 and I'm pleased at what we finally have arrived, and I
4 know that we've been through some rocky roads together,
5 but at the end I knew I was confident that it would all
6 work out. I think it was just the infancy of the RMA, and
7 as a parent, I think that we still wanted to make sure
8 that it was going to be okay.
9 And as a parent also, I'll tell you that you
10 are my favorite RMA, but we parents have a way of showing
11 that all of our children are our favorites, so Cameron
12 County is also our favorite RMA and so forth.
13 But thank you for your leadership, thank you
14 for hanging in there with us, and I'm glad that we're
15 going to make this loan, and I think it proves our
16 commitment to keep you involved in the decision making.
17 So thank you for your patience in all this.
18 MR. THORNTON: I'm not an engineer, but any
19 great road that's going to last a long time is going to
20 have to have some dirt moved and some disruption of
21 people's lives to get a foundation. We established a firm
22 foundation to build something that will last long beyond
23 my time. I tell people all the time: we will not see the
24 benefits of RMAs and their ability to address problems in
25 the future, but it's on a firm, firm foundation.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 145
1 Thank you to you, Hope, and Mr. Chairman, to
2 you.
3 MS. ANDRADE: Thank you.
4 MR. WILLIAMSON: Ted, did you have anything?
5 MR. HOUGHTON: The message that I've been
6 preaching -- it sounds like I'm preaching -- across the
7 state is One Texas, and Mr. Chairman, that message I've
8 taken to Houston Monday that we are One Texas, as Houston
9 goes, goes the state, as Dallas goes, goes the state, and
10 no one is bigger than the state of Texas. And I look
11 forward to working with the Alamo RMA as well as all the
12 other RMAs, and this is a dynamic state, it's incredible
13 what we've got going. And when we look at as the whole,
14 the whole is bigger than the pieces, if the pieces start
15 falling apart, we're in trouble.
16 So with that said, it's going to be lot of fun.
17 There's a lot of heavy lifting but it's a lot of fun
18 heavy lifting. Look forward to working with you.
19 MR. WILLIAMSON: John?
20 MR. JOHNSON: I listened to a conversation
21 between a reporter and one of the members of the
22 commission, and I was under the impression this item was
23 going to be deferred.
24 MR. WILLIAMSON: We were just trying to pull
25 that reporter's leg.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 146
1 MR. JOHNSON: Oh, so I didn't hear that
2 accurately?
3 DR. THORNTON: That's not funny, sir.
4 (General laughter.)
5 MR. WILLIAMSON: Well, you know, is this as big
6 as CTRMA, Bob, the initial projects at the Alamo, are they
7 bigger than the initial projects at CTRMA.
8 MR. DAIGH: Everything is always bigger in
9 Austin, sir.
10 DR. THORNTON: That's slow-pitch softball,
11 isn't it.
12 (General laughter.)
13 MR. DAIGH: This is substantially larger than
14 the CTRMA.
15 MR. WILLIAMSON: So this will be basically the
16 next step, this will be our largest RMA effort now.
17 MR. DAIGH: Yes, sir, but we'll be back.
18 (General laughter.)
19 MR. WILLIAMSON: Bill, I want to thank you for
20 pointing out about the state's commitment in regular gas
21 tax dollars, because that does get lost in the background
22 noise. And I know Patrick and Ben in Austin and other
23 guys in North Texas, they've got to write about what
24 they've got to write about, but no one has stopped
25 investing gas tax money in Travis County, in Bexar County,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 147
1 in Harris County, in Dallas and Tarrant counties. I'm
2 thinking that we've let something like $400 million so far
3 in gas-tax-related construction projects in Bexar County.
4 We're going to keep on doing that, it's just a
5 question of no road, slow road, or the toll road. If you
6 want to get it faster and if you want the economic
7 opportunity, the congestion relief, the improvement of air
8 quality and safety that comes with it, then this is the
9 choices that we make.
10 DR. THORNTON: You are doing a lot of work in
11 San Antonio for which we're grateful.
12 MR. WILLIAMSON: Thanks for coming all the way
13 down here, we appreciate it, and we appreciate your
14 comments.
15 DR. THORNTON: Thank you, sir.
16 MR. WILLIAMSON: Members, do we have questions
17 or comments to staff?
18 (No response.)
19 MR. WILLIAMSON: Well, Mike, let's bring the
20 first one forward, please, sir. It's item what now?
21 MR. BEHRENS: 6(a).
22 MR. WILLIAMSON: I have item 6(a) before you,
23 members.
24 MS. ANDRADE: So moved.
25 MR. HOUGHTON: Second.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 148
1 MR. WILLIAMSON: I have a motion and a second.
2 All those in favor of the motion will signify by saying
3 aye.
4 (A chorus of ayes.)
5 MR. WILLIAMSON: All opposed, no.
6 (No response.)
7 MR. WILLIAMSON: Motion carries. I have item
8 6(b) before you.
9 MS. ANDRADE: So moved.
10 MR. HOUGHTON: Second.
11 MR. WILLIAMSON: I have a motion and a second.
12 All those in favor of the motion will signify by saying
13 aye.
14 (A chorus of ayes.)
15 MR. WILLIAMSON: All oppose, no.
16 (No response.)
17 MR. WILLIAMSON: Motion carries. And now I
18 have item 6(c) before you.
19 MS. ANDRADE: So moved.
20 MR. HOUGHTON: Second.
21 MR. WILLIAMSON: I have a motion and a second.
22 All those in favor of the motion will signify by saying
23 aye.
24 (A chorus of ayes.)
25 MR. WILLIAMSON: All opposed, no.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 149
1 (No response.)
2 MR. WILLIAMSON: Motion carries all three times
3 on the very capable and strong back of Hope Andrade.
4 Thank you, guys. Let's go forward and build
5 some roads. Hey, the real fun is going to be when we
6 figure out how to move that railroad out of downtown San
7 Antonio and Austin. That's going to be fun. If we get
8 Proposition 1 passed, we'll get that done first.
9 MR. BEHRENS: Okay, Doug, let's go to 6(d).
10 MR. WOODALL: Item 6(d) seeks your acceptance
11 of the General Engineering Consultant's quarterly progress
12 report for the Central Texas Turnpike Project. The
13 project is on schedule; it's open to traffic with
14 construction completion on or before December 2007.
15 The estimated completion cost is currently $437
16 million lower than the original GEC's projections. The
17 current costs are estimated to be approximately $2.5
18 billion compared to approximately $2.9 billion in the
19 original GEC report.
20 Some progress items to mention since the last
21 report. On Sections 1 and 2 which is the MoPac North
22 extension, the southbound frontage roads and major utility
23 tie-ins are completed, and that frontage road facility is
24 open to traffic. On Section 8 which is east from the
25 Parmer Lane/620 interchange over 183, the westbound
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 150
1 frontage road is completed and open to traffic. The
2 traffic switches allow mobility along the corridor while
3 facilitating completion of the main lanes, allowing more
4 room for completion of the main lanes.
5 On State Highway 130, some milestones on 130
6 with the opening of the State Highway 195 bridge over
7 Interstate 35. Also construction has begun on three main
8 lane toll plazas and eight ramp plazas. Substructural
9 work has being completed at three of the interchanges and
10 the largest utility relocation along the project in terms
11 of scope was completed, that's a reroute of the TXU
12 utility line along FM 685, and that has been completed
13 under this quarterly report.
14 As far as the right of way, a total of 411
15 parcels were required for construction; 329 of those
16 parcels are now available for construction; the remaining
17 82 parcels are primarily corner clips, slivers and minor
18 acquisitions. Segments 1, 2 and 3 of State Highway 130
19 are under construction and scheduled to be completed prior
20 to September of '07, and Segment 4 they're anticipating
21 initiating construction this December and will be
22 completed with that segment on or prior to December of
23 2007.
24 Staff recommends your approval of the quarterly
25 report.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 151
1 MR. WILLIAMSON: Members, you've heard the
2 explanation and recommendation. Do you have questions or
3 comments?
4 MR. JOHNSON: I have a question.
5 MR. WILLIAMSON: Mr. Johnson.
6 MR. JOHNSON: Doug, concerning the
7 interoperability of electronic tolling of our other toll
8 systems around the state, are we satisfied that we are
9 well advanced in making sure that all these systems are
10 interoperable, especially the CTTP?
11 MR. WOODALL: In discussions with Mr. David
12 Powell of the Turnpike Division, it's my understanding we
13 obviously have agreements with the existing toll
14 authorities and have numerous options available to us for
15 the advancing RMAs, their projects, and we feel confident
16 that we'll have interoperability on every system.
17 MR. JOHNSON: Well, you know, agreements are
18 one thing but the actual interoperability of the toll tags
19 and the readers and the toll plazas is another. We need
20 to make sure that everything works.
21 MR. WOODALL: Yes, sir. And the tags that we
22 have in place and I believe in August you approved the CDA
23 for systems integration, and that system that's proposed
24 under there would be interoperable with the existing
25 systems in place. So we think we're well on our way to
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 152
1 achieving interoperability.
2 MR. JOHNSON: Good. Thank you.
3 MR. WILLIAMSON: Other questions or comments?
4 (No response.)
5 MR. JOHNSON: So moved.
6 MR. HOUGHTON: Second.
7 MR. WILLIAMSON: I have a motion and a second.
8 All those in favor of the motion will signify by saying
9 aye.
10 (A chorus of ayes.)
11 MR. WILLIAMSON: All opposed, no.
12 (No response.)
13 MR. WILLIAMSON: Motion carries.
14 MR. WOODALL: Thank you very much.
15 MR. WILLIAMSON: That wasn't too bad, was it?
16 MR. WOODALL: No, sir, not at all.
17 MR. BEHRENS: Agenda item number 7 under
18 Finance will be the Quarterly Investment Report for that
19 same Central Texas Turnpike System. James?
20 MR. WILLIAMSON: James, I'm glad you finally
21 decided to travel with us for once.
22 MR. BASS: Mr. Munoz was busy today.
23 For the record, I'm James Bass, director of
24 Finance at TxDOT.
25 Agenda item 7 presents the Quarterly Investment
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 153
1 Report for the fourth quarter of Fiscal Year 2005 which
2 ended on August 31.
3 At the end of August, the balance of investment
4 funds for the 2002 project stood at $1-1/4 billion. The
5 detail of those investments have been provided to you in
6 the quarterly report.
7 Staff recommends your acceptance of the report
8 and will be glad to answer any questions you may have.
9 MR. WILLIAMSON: Did we buy natural gas futures
10 with some of that money?
11 MR. BASS: No. I don't believe you have
12 allowed that in our investment policy.
13 (General laughter.)
14 MR. WILLIAMSON: Okay, members, you've heard
15 the report and the recommendation. Do you have questions
16 or comments?
17 MR. JOHNSON: So moved.
18 MR. HOUGHTON: Second.
19 MR. WILLIAMSON: I have a motion and a second.
20 All those in favor of the motion will signify by saying
21 aye.
22 (A chorus of ayes.)
23 MR. WILLIAMSON: All opposed, no.
24 (No response.)
25 MR. WILLIAMSON: Motion carries.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 154
1 MR. BEHRENS: Agenda item number 8 concerning
2 pass-through toll financing, we have two minute orders,
3 one requesting that we have the authority to negotiate an
4 agreement, and one to give us the authority to execute a
5 pass-through toll agreement. James?
6 MR. BASS: The first item seeks authorization
7 to begin negotiations with Galveston County on a pass-
8 through toll agreement. The county submitted a pass-
9 through toll proposal providing for improvements to Farm
10 to Market 646.
11 Your approval today would in no way be an
12 agreement to any specific terms but would simply allow the
13 department to begin negotiations with the county in hopes
14 that we would then be able to come back in a future month
15 and provide you with those specific terms for your final
16 consideration at that point.
17 Staff recommends your approval of this minute
18 order.
19 MR. WILLIAMSON: Amadeo? Is this a local road
20 or a regional road or a state road?
21 MR. SAENZ: This is a regional road in
22 Galveston County.
23 MR. WILLIAMSON: Is this solving primarily a
24 local problem, a regional problem, or a state problem?
25 MR. SAENZ: It's solving a regional problem,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 155
1 it's solving some safety issues and some mobility issues.
2 As we go through it and evaluate it further, we'll be
3 able to tell how much of each of those will gain benefit.
4 MR. WILLIAMSON: So it's primarily to reduce
5 congestion and improve safety project?
6 MR. SAENZ: Yes, sir. And this will lead to
7 some economic development in the area by being able to add
8 capacity to this corridor.
9 MR. WILLIAMSON: I'm sure it will assist in
10 economic development but will it provide any additional
11 economic opportunity?
12 MR. SAENZ: I think as we look forward that you
13 allow for this added capacity you will have some economic
14 opportunity for making some changes in the type of
15 development that will be there, for example, if we're
16 building residential there's some potential economic
17 opportunity in more commercial development that would
18 allow the possibility for having some facilities to move
19 into the area that will bring additional jobs.
20 MR. WILLIAMSON: Members, you've heard the
21 presentation and recommendation and heard Amadeo's
22 comments about this particular project. Do you wish to
23 authorize staff to negotiate on this matter?
24 MR. HOUGHTON: So moved.
25 MR. JOHNSON: Second.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 156
1 MR. WILLIAMSON: I have a motion and a second.
2 All those in favor signify by saying aye.
3 (A chorus of ayes.)
4 MR. WILLIAMSON: All opposed, no.
5 (No response.)
6 MR. WILLIAMSON: Motion carries. Don't get too
7 far, Amadeo.
8 MR. BASS: Item 8(a)(2) seeks your
9 authorization to begin negotiations with Hays County on a
10 pass-through toll agreement. The county has submitted a
11 pass-through toll proposal providing for improvements to
12 US 290, Ranch to Market 12, Farm to Market 1626, and Farm
13 to Market 967.
14 Once again, your approval today would simply
15 give us the authority to begin negotiations and would not
16 be agreement to any specific terms.
17 Staff recommends your approval, and I would
18 like to bring to your attention that Hays County
19 Commissioner Will Conley is in the audience in case you
20 might have any questions for him.
21 MR. WILLIAMSON: Is he the one that is always
22 saying no toll roads under any circumstances?
23 MR. BASS: I'm not so advised.
24 MR. WILLIAMSON: I suspect that's from Comal
25 County, that's not from Hays County.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 157
1 Okay, Amadeo. I'm going to take you through
2 each one, one at a time.
3 MR. SAENZ: Yes, sir.
4 MR. WILLIAMSON: 290, local, regional or state?
5 MR. SAENZ: 290 is a regional and state. In
6 this area where we're talking about here, it's a regional
7 area providing some added capacity and mobility
8 improvements on 290.
9 MR. WILLIAMSON: So as it's used now, this
10 section of 290 is thought to be a regional and a state
11 road?
12 MR. SAENZ: Yes, sir.
13 MR. WILLIAMSON: And is this problem we seek to
14 solve a local, regional or state problem?
15 MR. SAENZ: A regional problem with some
16 statewide issues.
17 MR. WILLIAMSON: And is it primarily focused on
18 which of our five benefits?
19 MR. SAENZ: It will be focused on the reduced
20 congestion; it will focus in the Austin area because
21 they're near non-attainment and to some improvement of air
22 quality; it will be focused on safety that we're going
23 from a four-lane, undivided to a four-lane, divided
24 facility; it will be some congestion relief. So that's
25 four of the five, and of course, economic opportunity will
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 158
1 also come as this corridor gets developed.
2 MR. WILLIAMSON: Farm to Market Road 1626?
3 MR. SAENZ: 1626 and 967 are a major commuter
4 route from the south to the northern part of Hays County
5 in Austin, parallel to 35, so it's a regional road. It
6 will solve a regional problem and allow, I guess, some
7 statewide benefits in that if you have this corridor you
8 could move some traffic off of 35 which is a statewide
9 corridor.
10 MR. WILLIAMSON: So it's primarily congestion
11 relief?
12 MR. SAENZ: It's congestion relief.
13 MR. WILLIAMSON: So would you anticipate an
14 improved level of service for both these roads?
15 MR. SAENZ: Yes, sir. Both these roads that
16 we're building and some slight level of service as traffic
17 moves off of 35 and into this facility that we could see
18 some improvements on 35.
19 MR. WILLIAMSON: Highway 12, the fourth
20 project?
21 MR. SAENZ: Highway 12 is a regional, more
22 local. It's from San Marcos going west and for traffic
23 that travels from the west to San Marcos, to access San
24 Marcos but also 35. So there is some local and some
25 regional, maybe leaning more towards the regional. This
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 159
1 also will solve a safety issue in that it is through the
2 Hill Country area. It will also solve a congestion issue
3 and you have some benefits then for regular access to 35.
4 MR. WILLIAMSON: It's okay to solve a local
5 problem, but it's more a local problem we're solving.
6 MR. SAENZ: Yes, sir.
7 MR. WILLIAMSON: On a regional road.
8 MR. SAENZ: Yes, sir.
9 MR. WILLIAMSON: Members, do you have questions
10 of Mr. Saenz?
11 MR. HOUGHTON: Amadeo, when are these projects
12 slated to be improved in the Unified Transportation Plan?
13 MR. SAENZ: These projects are not currently in
14 the Unified Transportation Plan.
15 MR. HOUGHTON: Not at all?
16 MR. SAENZ: No. Hays County, of course, is
17 part of the CAMPO area and they are not in their short-
18 range plan, they're somewhere in the middle- to the long-
19 range plans. Hays County is very aggressive and has done
20 bond elections and has some resources, and they'd like to
21 partner with us as they develop these projects, either
22 through some partnership money, or some of them, like 290,
23 as well as some pass-through toll opportunities on the
24 other projects.
25 MR. HOUGHTON: What's their total investment
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 160
1 and our commitment? Obviously, ours is a payback over
2 time.
3 MR. SAENZ: Right. We have been in
4 communication with the county. $43 million is the total
5 cost of all the projects, of which they're asking for $33
6 million in pass-through tolls, so they're investing close
7 to $10 million in the proposal. And we will meet with
8 them and discuss the terms and conditions, applying the
9 benefits and the indexes to determine kind of what the
10 final number really is.
11 MR. HOUGHTON: So we don't have a real formal
12 index to analyze the road as to the state issues versus
13 regional issues versus local?
14 MR. SAENZ: No, sir. Some of these indexes
15 we're still in the process of developing to determine what
16 is the actual benefit to air quality. We know that as you
17 add capacity to the road, you add capacity so your volume
18 over capacity ratio improves. When you have a lower
19 volume over capacity ratio, you get an improvement in air
20 quality, so we know there's a benefit there.
21 We also know that if you add capacity to this
22 road and traffic moves to this road can have an impact to
23 the roads around it, both positive and negative, so that
24 could give you a regional or a very wide air quality
25 impact, and we're working to develop those.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 161
1 It's the same thing with some of our congestion
2 indexes and such and so forth.
3 MR. HOUGHTON: I can't see the future but I can
4 sure see what people are maybe starting to think is
5 solving local problems with pass-through financing which
6 may not be in our best interest. That's my view.
7 MR. SAENZ: Yes, sir. We will look into that.
8 I think one way to look into that is that as we go
9 through it, if the road is local and it's only local,
10 maybe the level of investment from the department and the
11 level of investment from the local entity that their
12 shares maybe need to change so that you have more of an
13 equal, so that you can have some kind of balanced level of
14 input into the project.
15 MR. WILLIAMSON: Well, it's a shame that we'd
16 be having this conversation in Corpus Christi and not in
17 Austin, but I hope we'll continue next month in Austin and
18 in December.
19 But you make a good point, Ted, and I think all
20 members have to start focusing on and project to the
21 public our concerns. I'm aware that the department has
22 approached TTI for some help on finalizing the measurement
23 indexes, and I think it's time for us to be talking about
24 them so that Bob Daigh and David Casteel and Craig Clark
25 all understand the criteria.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 162
1 MR. HOUGHTON: The thing is these aren't on the
2 Unified Transportation Plan, they pop up as well, here, we
3 found a road that needs to be improved, where we have this
4 plan out here as major state and regional roads that are
5 sitting out here five or ten years from now and not being
6 brought forward, but we may be solving local issues with
7 state funds and that, in my opinion, may not be in our
8 best interest.
9 MR. WILLIAMSON: But it also might be in our
10 best interest.
11 MR. HOUGHTON: It might.
12 MR. WILLIAMSON: And I haven't asked you about
13 the timeline of solutions, I'll start asking you about
14 that next month. I need for you to be prepared, and in
15 turn, your employees need to be prepared to tell you just
16 straight up is this a local or a regional or a state road,
17 and is this a local problem, a regional problem or a state
18 problem. And next month I'm going to be asking is this
19 solution long-term, short-term, or mid-term, and then
20 we're going to know what the indexes are that measure the
21 impact of the investment.
22 That's the only way we can get to a point that
23 this program will be self-sustaining and is supportable by
24 the legislature.
25 MR. HOUGHTON: Are some of these communities
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 163
1 abandoning these long-term projects or these short-term
2 fixes? I'm sorry, that's a loaded question.
3 MR. SAENZ: Well, I think every proposal is
4 different. These are certainly priorities, for example,
5 in Hays County, these are the priorities they've
6 identified. Unfortunately, through the resources that
7 they have, working through their normal traditional funds
8 that come through the MPO and such, they were not able to
9 fund these projects, so these projects kind of got left
10 behind.
11 MR. HOUGHTON: So they could be circumventing
12 the MPO.
13 MR. SAENZ: Right, and that's where we need to
14 evaluate to see what impact these projects have on the
15 system with respect to the indexes, and that will
16 determine the level of commitment or reimbursement that we
17 can maybe put into these projects to see what happens.
18 There was a time that these projects competed with all the
19 other projects at their level and they did not make that
20 list.
21 MR. HOUGHTON: Didn't make it.
22 MR. SAENZ: Yes, sir.
23 MR. HOUGHTON: And now some communities could
24 be, in fact, circumventing the MPO, they didn't get what
25 they want and they show up here.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 164
1 MR. SAENZ: Yes, sir, and that's the first
2 thing we check because there are some projects that we've
3 received that were in the plan but may have been in the
4 plan somewhere down the road, and so the community wants
5 to advance them because it's a huge project that solves
6 either a local problem or solves a regional problem, some
7 of them are statewide problems. But the area as a whole
8 did not see it as a highest priority so they put it on
9 down, but maybe the regional importance and the local
10 importance are such that the local community will now want
11 to spend money on that project and bring it forward, it's
12 important to them and we're all going to benefit because
13 that asset is put on the ground.
14 MR. WILLIAMSON: Again, not unlike Category 12
15 has been treated in the past, but hopefully towards a
16 little bit more self-control by requiring that the local
17 government put the cash up first and take a chance on
18 whether or not they're going to get their money back very
19 fast.
20 But it was time for us to start having this
21 conversation and we need to spend about three months
22 talking about it.
23 MR. SAENZ: That's why we set some standards as
24 to how much and at what rates we will pay back to make
25 sure that we are going to be paying back based on the
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 165
1 usage. So if the traffic is there, then that repayment
2 will be fast.
3 MR. WILLIAMSON: That poor Hays County
4 commissioner is sitting back there saying, Holy crud, you
5 guys are fixing to bust my deal.
6 MS. ANDRADE: Amadeo, I have a question. And I
7 agree, I think I'd feel much more comfortable when we have
8 guidelines so that when we go into communities and we talk
9 about if it's a local road, this is what we have. But I
10 would ask you, at what point do we start reimbursing them
11 on these pass-throughs?
12 MR. SAENZ: We do not start reimbursing them
13 until the project is completed and open to traffic.
14 MS. ANDRADE: At the end of the year?
15 MR. SAENZ: Well, what we do, once we negotiate
16 it and we come back to you with the terms -- as you'll act
17 on the next item -- then we will execute an agreement.
18 The local entity will go out there and build a project and
19 in that agreement we'll decide whether we're going to
20 reimburse you every six months or once a year, and it's
21 all based on the traffic that uses the facility over that
22 period of time.
23 MS. ANDRADE: Okay, thank you.
24 MR. WILLIAMSON: Just one final question,
25 Amadeo, is this package --
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 166
1 Or maybe you know, Mike -- is this wrapped up
2 in a previous deal we had with Hays County for them to do
3 something else and we wanted done?
4 MR. SAENZ: Yes.
5 MR. WILLIAMSON: I mean, this is a little bit
6 of us holding up our end of the deal?
7 MR. SAENZ: Yes, sir. This is one, as I
8 mentioned, we have been in communication with the county
9 judge, and one of the things that we had suggested to the
10 county is that if they went out there and they did certain
11 things, we would entertain a pass-through toll agreement.
12 MR. WILLIAMSON: Certain things on our
13 statewide long-term system.
14 MR. SAENZ: Yes, sir.
15 MR. WILLIAMSON: Seek a long-term solution to a
16 statewide problem on a statewide road.
17 MR. SAENZ: Yes, sir. So this is tied to that.
18 We will take that into consideration as we move forward.
19 MR. WILLIAMSON: Any other questions or
20 conversations with Amadeo, members?
21 (No response.)
22 MR. WILLIAMSON: You've heard the explanation
23 staff and the recommendation.
24 MR. JOHNSON: So moved.
25 MR. HOUGHTON: Second.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 167
1 MR. WILLIAMSON: I have a motion and a second.
2 All those in favor of the motion will signify by saying
3 aye.
4 (A chorus of ayes.)
5 MR. WILLIAMSON: All opposed, no.
6 (No response.)
7 MR. WILLIAMSON: Motion carries.
8 MR. BASS: Item 8(b) would authorize the
9 department to enter into a pass-through toll agreement
10 with Williamson County. Under the agreement, the county
11 would initially finance the construction of various
12 improvements.
13 The department would reimburse the county over
14 time based upon the actual traffic on the improved roads
15 at a rate of 10 cents per vehicle mile, with a minimum of
16 just under $7.6 million per year which would lead to a 20-
17 year payback, and a maximum of just under $15.2 million
18 per year which would equate to a payback over a ten-year
19 period, until such time as just under $152 million is
20 reimbursed to the county.
21 There are a couple of things I'd like to point
22 out before moving to the staff recommendation. One of
23 those is a technical correction to the minute order you
24 have before you. The next to the last paragraph on the
25 first page, you will note on the second line it says,
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 168
1 "Through tolls of $152,942,000." That should read
2 "$151,942,000."
3 MR. WILLIAMSON: Oh, they won't mind giving us
4 another million; leave it like it is.
5 MR. BASS: No, this is what we pay them.
6 (General laughter.)
7 MR. BASS: The second thing I would like to
8 point out, from Williamson County with us today, Judge
9 John Doerfler and Commissioner Frankie Limmer are also
10 here in the audience, I believe.
11 MR. WILLIAMSON: Oh, there they are over in the
12 hole. Hey, guys. Where's Krusee? I saw him last night.
13 He must be stuck out in the bay fishing.
14 MR. BASS: And staff would recommend your
15 approval.
16 MR. HOUGHTON: Is this the first one that gets
17 approved, executed?
18 MR. BASS: No. This would be the fourth one
19 that has received final approval with the terms from the
20 commission.
21 MR. WILLIAMSON: Okay, Amadeo, step up and
22 let's go through it. We have done a lot of this already
23 about these projects, so I don't want to drag it out, I
24 just need to be sure that we go through the exercise.
25 Let's take, for example, item number 2 out to
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 169
1 the right, project 2.
2 MR. SAENZ: Project 2?
3 MR. WILLIAMSON: That is clearly a regional
4 road.
5 MR. SAENZ: Item number 1 and number 2 are
6 regional roads but really with statewide implications. US
7 79 in Williamson County is a four-lane, undivided
8 facility.
9 MR. WILLIAMSON: Does it go all the way to A&M?
10 MR. SAENZ: I'm sorry.
11 MR. WILLIAMSON: Does it go to A&M or Hearne?
12 MR. JOHNSON: Jacksonville.
13 MR. WILLIAMSON: Oh, is that the Robert Nichols
14 Express?
15 MR. JOHNSON: It will have a special toll lane
16 for him.
17 MR. WILLIAMSON: That's right, a high-speed
18 toll lane for Robert Nichols.
19 (General laughter.)
20 MR. SAENZ: As you go past into Milam County,
21 then it goes into a four-lane, divided highway with a
22 grass median, so this closes the gap.
23 For this project, like I said, it's regional
24 because it provides regional mobility but it also provides
25 statewide mobility. If you look at the traffic on those
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 170
1 two projects, as you get closer into the Austin are,
2 they're operating at levels of service where you do have
3 congestion. As you get further away, they're operating at
4 a little bit higher level, Cs and Ds, A and B being very
5 good, C and D being fair to good, and E and F being
6 basically you're experiencing congestion.
7 By changing the facility from what I would call
8 a four-lane, undivided with no shoulders to a four-lane,
9 divided with crossovers and left-turn lanes where you
10 control the access to both sides of the highway, you
11 improve that level of service to C in the areas near
12 Austin and to A and B in the areas further away. So in
13 essence, you're improving that whole corridor from a
14 congestion perspective.
15 MR. WILLIAMSON: This has got to be a mid-term
16 to short-term solution, this can't be a long-term solution
17 for that area.
18 MR. SAENZ: This is a mid-term solution. I
19 think eventually the next solution would be the
20 possibility that you would expand and as traffic builds up
21 that this facility would be developed as a potential
22 controlled access facility expressway, with the
23 possibility of future main lanes to be managed lanes or
24 tolled lanes.
25 MR. WILLIAMSON: So has Williamson County done
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 171
1 its traditional fine job of advance planning and acquired
2 enough right of way for those express lanes?
3 MR. SAENZ: This project will be acquiring
4 right of way. We will be working with Williamson County
5 with respect to the amount of right of way so that we do
6 have it.
7 One of the other projects that we'll talk
8 about, the 183 project, is regional for the projects we're
9 talking about, but the 183 also has very significant
10 statewide implications. But that project, what is simply
11 being done right now is getting the right of way, widen
12 out and build only the frontage so that in the future you
13 can expand the main lanes as tolled lanes, and it will tie
14 into the 183A system that is currently being developed by
15 the CTRMA.
16 MR. WILLIAMSON: I just want to be sure on that
17 with regard to particularly the 79 part, that we've either
18 negotiated with them to be sure and get the right of way
19 bigger or we ourselves are going to go out and buy bigger
20 right of way, because you can never buy it cheaper than
21 right now.
22 MR. SAENZ: Yes, sir. The right of way is a
23 big expense on those projects, and we negotiated and I
24 will verify that, but I'm sure that we are buying enough
25 right of way to be able to address the future expansion.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 172
1 The other projects are more regional and local,
2 the project on 1660 and 2338. For example, the 1660
3 project, is the realignment of an existing farm to market
4 road, and this will allow for, in essence, almost a bypass
5 around Hutto that will improve safety, mobility, move
6 commercial traffic out of the downtown area of Hutto
7 because 1660 goes through Hutto. So it will improve
8 safety, it will improve mobility.
9 All these projects, as you add the capacity, as
10 I mentioned earlier, will have a positive impact on air
11 quality. I don't have what the measure is but that's
12 something that's being developed.
13 So all these projects will meet all of the
14 factors that we've been talking about and have a positive
15 impact for the whole area.
16 The 2338 is also a major arterial that's going
17 from a two-lane highway to a five-lane, curb-and-gutter
18 rural facility with left turns. It will improve mobility,
19 it will reduce congestion. That one, for example, is
20 currently operating at level F which is basically almost
21 gridlock. By expanding the extra lanes and putting in
22 your left-turn lane, you, in essence, improve that level
23 of service to B. So you have now a facility that will
24 operate. That is, like I said, a local-regional facility.
25 MR. WILLIAMSON: Let's let members ask
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 173
1 questions, Amadeo.
2 Members, questions or comments for Amadeo?
3 MR. HOUGHTON: Mine is the same one, the
4 Unified Transportation Plan, were these in the plan or did
5 these just pop up because they were not approved?
6 MR. SAENZ: These projects were in the long-
7 range plan but were out in past the ten-year mark, more
8 into the longer term. And again, Williamson County has
9 gone through and they're willing to go out there and bring
10 these assets forward.
11 MR. HOUGHTON: So our investment is $151
12 million.
13 MR. SAENZ: Right, $151-. Their original
14 request was $174-, and we're at $151,942,000, $152-, and
15 we would pay it over a ten-year period, so we would
16 probably start paying in 2010, and if the traffic is such,
17 we would pay it in a minimum of ten years so we would pay
18 out by 2020, but if the traffic is not there, then it
19 really would be stretched out till 2030.
20 MR. WILLIAMSON: Krusee's original request was
21 like $600 million; this is pared way down.
22 MR. HOUGHTON: They're willing to vote for
23 bonds in Williamson County for $600 million?
24 MR. WILLIAMSON: Mike is an aggressive guy.
25 (General laughter.)
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 174
1 MR. SAENZ: What James brought before you when
2 we presented the original submittal, it was presented with
3 a lot more projects, but working with Williamson County
4 and their folks, they decided to break it up into a Phase
5 1 and Phase 2.
6 MR. WILLIAMSON: And I might have been
7 overstating it. How close was it? It was much bigger
8 than this originally, was it not?
9 MR. SAENZ: It was like $272- or something like
10 that.
11 MR. WILLIAMSON: Okay, $272-. $600- was what
12 he dreamed about. I like Krusee, he's not afraid of
13 anything.
14 Any other questions of Amadeo?
15 MR. SAENZ: Just a few more statistics with
16 respect to the safety index and looking at the crash rates
17 for these facilities. A four-lane, undivided facility,
18 for example, on 79, the crash rates on 79 which is the
19 number of accidents per 100 million vehicle miles, is
20 running about in the 100 to 110. If you look at the
21 statewide average for similar roads, that's pretty close
22 to the statewide average.
23 That piece of 79 that is towards the Milam
24 County line, between 1999 and 2001 had six fatalities.
25 Going to a four-lane, divided highway will certainly
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 175
1 improve that because now you have, in essence, separated
2 the traffic. Right now you've got four lanes and no
3 shoulder, so if someone wants to turn left, they're
4 turning left just immediately next to the oncoming
5 traffic, and now you'll be able to control that with left-
6 turn lanes and crossovers.
7 So those projects, from the safety index, have
8 a great improvement in safety.
9 MR. WILLIAMSON: Any other questions of Amadeo,
10 members?
11 (No response.)
12 MR. WILLIAMSON: James is back up. James has
13 given you his explanation and his recommendation.
14 MR. BASS: With a minor revision.
15 MR. WILLIAMSON: As revised.
16 MR. JOHNSON: So moved.
17 MR. HOUGHTON: Second.
18 MR. WILLIAMSON: I have a motion and a second.
19 All those in favor of the motion will signify by saying
20 aye.
21 (A chorus of ayes.)
22 MR. WILLIAMSON: All opposed, no.
23 (No response.)
24 MR. WILLIAMSON: Motion carries.
25 MR. HOUGHTON: Don't leave, James. Can I ask
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 176
1 you one more question back on 6(d), what out of the $2.9
2 billion for the project is equity from all parties?
3 MR. BASS: On which item?
4 MR. HOUGHTON: Texas 130.
5 MR. BASS: There was $700 million from the
6 state and $500 million from the local governments into the
7 project.
8 MR. HOUGHTON: Thanks.
9 MR. BEHRENS: Agenda item number 9, Traffic
10 Operations, this is a minute order to recommend some lane
11 use restrictions in Dallas County and Tarrant County and
12 Harris County.
13 MR. LOPEZ: Good afternoon, commissioners.
14 Again for the record, my name is Carlos Lopez, I'm
15 director of the Traffic Operations Division.
16 The minute order before you authorizes the
17 creation of a left-lane restriction for trucks on portions
18 of I-20 in Dallas County, I-10 and US 290 in Harris
19 County, and I-30 in Tarrant County.
20 This restriction will prohibit trucks from
21 operating in the left lane of these highways. Trucks
22 would be allowed to use these lanes to pass other vehicles
23 and to exit the highway. The department conducted traffic
24 studies and determined that these restrictions could be
25 beneficial for safety and mobility.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 177
1 The department published notices requesting
2 public comment on these restrictions in the August 19 and
3 August 26 editions of the Texas Register and also held a
4 series of public meetings. No comments were received.
5 We recommend approval of this minute order.
6 MR. HOUGHTON: Can you amend it for I-10 in
7 Harris and El Paso counties, Carlos?
8 (General laughter.)
9 MR. LOPEZ: I think Chuck is looking at I-10 in
10 El Paso.
11 MR. SAENZ: We're working on El Paso County on
12 I-10.
13 MR. LOPEZ: Yes, Amadeo is looking at that.
14 MR. JOHNSON: Carlos, I've been under the
15 impression that there are lane restrictions for trucks on
16 I-10 East in Harris County.
17 MR. LOPEZ: Yes. This is adding another about
18 nine miles to that, and it covers that same distance
19 because they're going to change it to a 24-7 operation
20 instead of a 6:00 a.m. to 8:00 p.m. operation. By the
21 way, all the ones in Houston will be 24-7.
22 MR. JOHNSON: And when will these go into place
23 as being enforced?
24 MR. LOPEZ: As soon as we can get signs up and
25 the cities pass ordinances.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 178
1 MR. JOHNSON: So we're waiting on the city in
2 this case.
3 MR. LOPEZ: This is the first step in making it
4 all happen. I think, in any case, our signs are already
5 getting fabricated, hoping that you will approve this
6 minute order and the ordinances will be passed.
7 MR. HOUGHTON: A leap of faith.
8 MR. LOPEZ: Trust.
9 MS. ANDRADE: Carlos, I have a question. Do we
10 work closely with that community to see if they can also
11 enforce it? I mean, it's okay we put the signs up, but if
12 they don't enforce it, it doesn't do us any good.
13 MR. LOPEZ: One of the first things we ask our
14 district engineers to do -- and they've been doing this --
15 is see if they get that commitment from enforcement,
16 because you're exactly right, a sign doesn't make it all
17 happen, you've got to have the enforcement in place also.
18 Up to now we've been very fortunate. I talked
19 to Houston before yesterday and they report a very high
20 compliance rate in Houston, that they just had a real good
21 focus on enforcing this in that area. They're not getting
22 complaints from the public or the trucking industry. The
23 public perceives them working well and they're asking for
24 more.
25 So this is something that started off with a
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 179
1 letter that Commissioner Johnson sent back in 2000 and I
2 think it's starting to catch on around the state.
3 MS. ANDRADE: Sometimes the general public
4 doesn't know when it happens, so maybe we should have a
5 press conference or something to announce it, just not
6 hang up the sign and not do anything else.
7 MR. LOPEZ: I think in Dallas it might be more
8 kind of a big splash.
9 MS. ANDRADE: Good.
10 MR. JOHNSON: Hope's point is a good one,
11 though, in terms of enforcement. My recollection is that
12 on I-10 East there in Harris County, the City of Houston
13 really did a bang-up job in enforcement and got people
14 recognizing the fact, and the traffic accident rates with
15 trucks involved were reduced 68 percent. So I mean, these
16 are meaningful ways to deal with the safety issue, as
17 long, as she points out, enforcement is there. If it's
18 not, people are going to take shortcuts and leeways.
19 MR. LOPEZ: Right, and I'll just point out
20 that's something that we'll continue to do is look at
21 these after a period of time to make sure they're doing
22 what we intend for them to do.
23 MR. WILLIAMSON: Members, you've heard the
24 explanation and the recommendation.
25 MR. JOHNSON: So moved.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 180
1 MR. HOUGHTON: Second.
2 MR. WILLIAMSON: I have a motion and a second.
3 All those in favor of the motion will signify by saying
4 aye.
5 (A chorus of ayes.)
6 MR. WILLIAMSON: All opposed, no.
7 (No response.)
8 MR. WILLIAMSON: Motion carries.
9 MR. LOPEZ: Thank you, Mr. Chairman.
10 MR. WILLIAMSON: Thank you, Carlos.
11 MR. BEHRENS: Agenda item number 10 is our
12 contracts for the month of October, maintenance contracts
13 and highway and building construction contracts. Thomas?
14 MR. BOHUSLAV: Good afternoon, commissioners.
15 My name is Thomas Bohuslav and I'm the director of the
16 Construction Division.
17 Item 10(a)(1) is for consideration of award or
18 rejection of highway maintenance contracts let on October
19 6 and 7, 2005, whose engineers' estimated costs are
20 $300,000. We had 20 projects, an average of 3.35 bidders
21 per project, total bid almost $10 million.
22 There's one project we recommend for rejection,
23 Project Number 4013 in Collin County. This is a sweeping
24 and debris removal contract that came in at 143 percent
25 over. It's a bit high and we want to go back and see if
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 181
1 we can get better prices for that contract.
2 Staff recommends award of all projects with the
3 exception noted.
4 MR. WILLIAMSON: Members, you've heard the
5 explanation and recommendation.
6 MR. HOUGHTON: So moved.
7 MR. JOHNSON: Second.
8 MR. WILLIAMSON: I have a motion and a second.
9 All those in favor of the motion will signify by saying
10 aye.
11 (A chorus of ayes.)
12 MR. WILLIAMSON: All opposed, no.
13 (No response.)
14 MR. WILLIAMSON: Motion carries.
15 MR. BOHUSLAV: Item 10(a)(2) is for the
16 consideration of award or rejection of highway and
17 building construction projects let on October 6 and 7,
18 2005, and it also includes Cameron County Project Number
19 3208 which was deferred last month. We had 89 projects,
20 an average number of bidders of 3.45 per project, total
21 bid amount almost $410 million.
22 We have three projects to recommend for
23 rejection. The first project is Project Number 3227 in
24 Panola County. It was 40 percent over, we had two bidders
25 on the project that overbid about $5.8 million, for
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 182
1 widening of about 50 miles of lane sections on FMs in
2 Panola County for some safety work.
3 We feel this price is too high and we'd like to
4 go back and relet it, and hopefully get additional
5 contractors to bid as well.
6 Another project recommended for rejection in
7 Terry County is Project Number 3214. It was 85 percent
8 over and two bidders on it, $2.9 million was the total
9 bid. This is for some safety work for end treatments over
10 a nine-county area, 16 separate project locations.
11 These prices are high, and again, we'd like to
12 go back and see if we can actually change a specification
13 requirement in there that might help us get more material
14 suppliers for concrete there and that they might supply
15 the product as well and get better prices for that reason.
16 The last project recommended for rejection is a
17 project in Grayson County, Project Number 3233. It's 45
18 percent over, we had two bidders, $2.7 million was the
19 total bid. It's reconstruction of some frontage roads
20 there, and we believe we can get better prices by going
21 back and reletting that one and hope to solicit more
22 competition for that one as well.
23 Staff recommends award with the exceptions
24 noted. Any questions?
25 MR. WILLIAMSON: Thomas, I want to ask you
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 183
1 about one. You know, every month when I go through these
2 things, I look for the largest contracts and kind of put
3 my eagle eye on those and see what I know about them, and
4 I was reading through here and I think the largest single
5 low bid amount is this one in Goliad County on US 59.
6 Does that sound right to you? Corpus Christi District.
7 Do you want the controlling project number?
8 MR. BOHUSLAV: I see it there. It's sequence
9 number 3201.
10 MR. WILLIAMSON: That's the biggest one this
11 month, isn't it? I believe it is.
12 Now, the reason that I honed in on that was
13 because I had remembered receiving some letters or some
14 copies of some letters from a county judge about that
15 project, so I went back to my file, and then strangely
16 enough, I think yesterday -- and I can't be sure, but I
17 think yesterday that same county judge accosted me at a
18 public meeting about this project.
19 And I want to ask you a couple of questions
20 because this county judge wrote some pretty serious things
21 for the public record that bothered me quite a bit, and I
22 want to be sure we're not approving a contract that in the
23 end is going to cause more trouble than it's going to help
24 in Goliad County, because based on this fellow's words,
25 I'm not sure we want to move forward with this contract.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 184
1 And I didn't find his first letter, I just
2 found the second. He addressed this letter to the
3 Assistant Attorney General of all people, he doesn't
4 address it to the chairman of the commission or the
5 executive director, doesn't address it to his district
6 director, he addresses the letter to the Attorney General.
7 And he says: "Dear Mr. Click, We appreciate
8 your efforts" -- this is him saying this to Mr. Click; I
9 don't know what he's got to do with our highways -- "in
10 continuing our quest for a facility that by TxDOT's own
11 estimation will satisfy the traffic numbers anticipated
12 for another 40 to 50 years. Goliad County has been on
13 this quest for five years" -- this is the egregious
14 part -- "and when we became aware TxDOT was not
15 considering our input for this project from the results of
16 various public meetings, we decided" -- I guess we, there
17 must be more than one county judge involved in this -- "we
18 decided to make the attorney general, the comptroller" --
19 what in the heck has she got to do with anything? --
20 "members of the Highway Commission and the Board of
21 Professional Engineers aware of our frustrations.
22 "Our request today is obtain from the following
23 counties and other persons such correspondence and
24 graphics as they have in their files, Michael Behrens,
25 Craig Clark, Carole Keeton Strayhorn, Comptroller, members
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 185
1 of the Highway Commission," the three senior members
2 only -- sounds like an open records request.
3 "You began receiving our correspondence about
4 the same time Commissioner Andrade began receiving
5 duplicates of our submission. Time is of extreme
6 importance. We ask your immediate attention with complete
7 presentations for two pieces of correspondence. These are
8 necessitated by the news article appearing on August 19,
9 submitted by Turner Collie & Braden."
10 What's that all about? What do you know about
11 this, Thomas?
12 MR. BOHUSLAV: I'm not involved on those
13 aspects of planning for this project, but the DE is here,
14 he probably would be able to respond to this.
15 MR. HOUGHTON: I'd like to state one thing,
16 they said the three senior members, it's those three down
17 there.
18 (General laughter.)
19 MR. WILLIAMSON: Well, I mean, I see a copy of
20 this letter less than a month ago and this project pops up
21 now, we're approving it, it seems to me that we've got a
22 very angry county judge that doesn't like the way we're
23 doing business, why would we approve this project? I
24 think we need to stop and make sure we've got him
25 satisfied.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 186
1 MR. HOUGHTON: I'd like to ask a question.
2 Craig?
3 MR. WILLIAMSON: Craig, I'm just telling you, I
4 take great offense at people who write letters like this,
5 and I don't want to make him any madder than he obviously
6 already is.
7 MR. HOUGHTON: Can there be, I call it, bait-
8 and-switch? Can we award this project and then the county
9 judge or somebody intervene and want to change the design
10 of this project?
11 MR. CLARK: Not at the point that we would
12 award the project and proceed.
13 The difficulty with this judge and this project
14 predates me in this district, even predates my
15 predecessor, David Casteel. I think it began when Billy
16 Parks was district engineer here when they began a process
17 of public hearings and design development for this
18 expansion of this section of 59.
19 In the course of that public involvement, this
20 judge was particularly interested in some different design
21 approaches that would be made in this section of highway,
22 some different standards by which it would be built that
23 differed from the controls and the limitations that we had
24 associated with the trunk system program that this project
25 was being advanced under.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 187
1 Those discussions with my predecessors, myself,
2 and Commissioner Andrade were all made in terms of trying
3 to re-enfranchise this judge in our process and in the
4 ultimate facility that we were going to deliver. We have
5 been able to meet with him and bring some of the proposals
6 that they had into our design at the time that we were
7 advancing it, but we didn't completely satisfy him.
8 MR. WILLIAMSON: Should we carry forward with
9 this contract? I mean, this letter was dated September
10 13, that's less than two months ago. If we're going to
11 keep having him complain about what we're doing, why would
12 we spend $49 million, why don't we wait till we satisfy
13 his complaints and go spend this $49 million someplace
14 where people are satisfied?
15 MR. CLARK: I believe that the information he
16 tried to convey to you and mentioned to me, as late as
17 yesterday when we had the meeting hosted by the city, was
18 that he believed that this project should be approved and
19 awarded as it was let because of the need of his
20 constituents in that county for this facility and the
21 problems that it would address.
22 MR. HOUGHTON: Is there an election coming up?
23 MR. CLARK: Probably.
24 MR. WILLIAMSON: I mean, people ought not to
25 write letters they aren't serious about. Was this need
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 188
1 not apparent as recently as two months ago?
2 MR. CLARK: I think that that letter and
3 previous letters were mainly to try to influence design
4 decisions in that project and change design decisions.
5 MR. WILLIAMSON: By writing the attorney
6 general of the state and the comptroller who doesn't know
7 anything about building roads?
8 MR. JOHNSON: Craig, are you including routing
9 decisions when you say design decisions? My recollection
10 was early on he wrote at least one and maybe more letters,
11 but it was a routing issue to the west of Goliad, 59 after
12 you cross the river.
13 MR. CLARK: And more of his routing was in
14 another section of 59 that we have yet to advance. The
15 section that we're talking about here, there was some
16 routing areas that they did not agree with the exact
17 alignments, but they weren't greatly different, and we
18 were able to, I think, address most of those with him.
19 MR. WILLIAMSON: What's his reference to this
20 Turner Collie & Braden news article of August 19? Do you
21 know anything about that?
22 MR. CLARK: That article, I believe, was part
23 of a press event in Victoria where they talked about a
24 variety of projects, this being one, and I think Turner
25 Collie & Braden was involved in some of the other
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 189
1 projects, but because of Mr. Parks's knowledge of this
2 particular roadway segment, he made comments with respect
3 to it, and that's what they focused in on the article.
4 MS. ANDRADE: Mr. Chairman, let me add to
5 Craig's comments. I've had two personal visits, along
6 with Craig, to this judge. I've gone to Goliad and met
7 with him, and this has been an ongoing issue. In fact,
8 one of the challenges that I gave Craig was let's end this
9 because it's just been going on.
10 He's got a different view as to where he wants
11 this and we pulled the public hearings that were held and
12 that didn't prove that, because he kept saying that the
13 community wanted it also, and it did not prove that. This
14 is where he wants it. The choices that we gave him were:
15 this is where we have it funded; if you want it over
16 there and your constituents want it also, this is how much
17 extra it costs, if you're willing to pay for it, we'll put
18 it there. But he doesn't want to pay for it.
19 MR. WILLIAMSON: So it's your view that we're
20 not going to have someone unhappy even after we spend this
21 money. Oh, no, you're not saying that? You're just
22 saying we have to move forward.
23 MS. ANDRADE: I believe the community deserves
24 this. It's been going on for years and years, and it's
25 time that we get it done. It's just the way he, and I
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 190
1 believe his brother also has worked with TxDOT before.
2 But we've given him the time.
3 MR. WILLIAMSON: Oh, that got Monroe up.
4 MS. ANDRADE: Oh, I'm sorry. We've given him
5 the time and I think Craig spent a whole afternoon with
6 him when we did the second visit. So we've made every
7 effort to listen to him and made every effort to meet his
8 needs.
9 MR. WILLIAMSON: Don't let us go too far here,
10 Richard.
11 MR. MONROE: For the record, Richard Monroe,
12 general counsel of the department.
13 I believe this is one of at least two letters
14 I'm aware of that the judge has written. Grady Click has
15 referred both of those to me, and I wrote to the judge
16 saying these other people are not in a position to answer
17 your questions. Your questions and requests for
18 information should be addressed to this department.
19 However, I think if you will read that letter
20 carefully, it is difficult to find out what information he
21 is actually asking for. So in this letter of which I am
22 speaking back to the judge, I said you will need to be
23 specific and define for me what information you want and
24 then we will proceed accordingly under the provisions of
25 the Public Information Act.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 191
1 To my knowledge, he has never responded to my
2 letter, but if you'd like, I can check into that with the
3 people that actually handle the Public Information Act
4 requests. But usually a request from a person such as
5 this and with my prior involvement, I probably would have
6 been made aware if he had ever responded to my letter. As
7 I say, as far as I know, he has not.
8 MR. WILLIAMSON: But it's your feeling,
9 Commissioner Andrade, is we need to move forward no matter
10 what.
11 MS. ANDRADE: Yes. It's been a project there
12 for many years.
13 MR. JOHNSON: Is my recollection in the
14 ballpark as being accurate that we had a visit from that
15 three-county delegation, Bee, Goliad and Victoria, and the
16 Bee County judge was the spokesperson and they were
17 requesting improvements on 59, talking about safety
18 issues?
19 MR. CLARK: Yes. That was in August.
20 MR. WILLIAMSON: I think they were requesting
21 something different than this.
22 MR. JOHNSON: But basically it was 59, it
23 wasn't necessarily this specific, because it covered a
24 three-county area where 59 is quite prominent. In the
25 big-picture, small-picture sort of mentality, I'm
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 192
1 confused.
2 MR. CLARK: The Tri-County Coalition, Goliad
3 being one of the tri-counties, was looking to update the
4 commission on the activities on the 59 corridor in total.
5 In some of the other segments of this 59 corridor, we
6 have projects that are operational changes, that being
7 Super 2 construction of two-lane roadways, that would help
8 the safety but not necessarily adding capacity, and they
9 were trying to make a case with the commission that the
10 conditions have changed and the demands on the system may
11 require us to look again at the possibility of adding
12 capacity.
13 MR. WILLIAMSON: Okay. Well, I was just caught
14 off guard, Mike, because I saw the county, I saw the
15 amount, a bell went off, I went back and looked at my
16 file, I found this letter, and I'm asking myself why we're
17 approving the contract when the county judge, an important
18 official in the county, this guy obviously is angry,
19 obviously doesn't like what we're doing, and we obviously
20 have a shortage of money everywhere, so why are we moving
21 forward with a contract that's just going to make somebody
22 madder when we can stop it and go do someplace else until
23 he gets calmed down and we've worked it out.
24 But are you saying it's not going to work out
25 and the citizens have been waiting many years and we need
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 193
1 to move forward no matter whether this person is happy or
2 not?
3 MR. HOUGHTON: With that said, Ric, you and I
4 were the only ones at the event last night and he made it
5 a point to talk to me about this and said, I really would
6 appreciate your vote to approve it. And I said, Sure, be
7 glad to approve it. I was unaware of the letter since he
8 referred to the three senior members of the commission.
9 (General laughter.)
10 MR. WILLIAMSON: Well, like I said, I take
11 things like this really serious.
12 MR. HOUGHTON: And I did threaten that I could
13 take the money out to El Paso, and he proceeded to tell me
14 I'll come find you. But he was very, very much proactive
15 in his remarks on approval.
16 MR. WILLIAMSON: Okay. Well, you've heard the
17 explanation and recommendation and probably more than you
18 wanted to hear about one in particular about this minute
19 order. What's your pleasure?
20 MR. JOHNSON: I have one question of Thomas.
21 Where did you get them boots?
22 MR. BOHUSLAV: The tall man's store.
23 (General laughter.)
24 MR. JOHNSON: So moved.
25 MS. ANDRADE: Second.
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 194
1 MR. WILLIAMSON: I have a motion and a second.
2 All those in favor of the motion will signify by saying
3 aye.
4 (A chorus of ayes.)
5 MR. WILLIAMSON: All opposed, no.
6 (No response.)
7 MR. WILLIAMSON: Motion carries. Thank you,
8 Thomas.
9 MR. BEHRENS: Agenda item number 11 is our
10 routine minute orders, and they've all been duly posted as
11 required. I've looked at all the minute orders and I don't
12 think any of them have any impact on any of the
13 commissioners. I'll go through them if you'd like to;
14 otherwise, I recommend approval of the routine minute
15 orders.
16 MR. WILLIAMSON: I do have one question about
17 11(a)(4). Now read that sentence, the explanation.
18 MR. BEHRENS: "Consider a donation from Mr.
19 Bruce Harvey, a private landowner" --
20 MR. WILLIAMSON: Okay, stop. Now, if he wasn't
21 a private landowner, what else would he be? I kept
22 looking for the hidden trick in this deal. What's the
23 deal?
24 MR. HOUGHTON: Engineers don't have tricks.
25 (General laughter.)
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 195
1 MR. WILLIAMSON: Members, you've had time to
2 look it over. What's your pleasure?
3 MR. HOUGHTON: So moved.
4 MS. ANDRADE: Second.
5 MR. WILLIAMSON: I have a motion and a second.
6 All those in favor of the motion will signify by saying
7 aye.
8 (A chorus of ayes.)
9 MR. WILLIAMSON: All opposed, no.
10 (No response.)
11 MR. WILLIAMSON: Motion carries.
12 Mr. Monroe, do we have reason to go to
13 executive session?
14 MR. MONROE: No, sir.
15 MR. WILLIAMSON: Okay. Thank you, Mike, for a
16 job well done.
17 MR. BEHRENS: We have no open comments.
18 MR. WILLIAMSON: We have no open comments. We
19 thank Craig one more time for your hospitality, and
20 members, the most privileged motion is in order.
21 MR. JOHNSON: I don't have a World Series game
22 to go to, so I'm not going to make the motion.
23 MR. HOUGHTON: Move to adjourn.
24 MS. ANDRADE: Second.
25 MR. WILLIAMSON: I have a motion and a second
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 196
1 to adjourn. All in favor of the motion, signify by saying
2 aye.
3 (A chorus of ayes.)
4 MR. WILLIAMSON: All opposed, no.
5 (No response.)
6 MR. WILLIAMSON: For the record, we stand
7 adjourned as of 1:48 p.m. Thank you, members.
8 (Whereupon, at 1:48 p.m., the meeting was
9 concluded.)
ON THE RECORD REPORTING 10/27/2005 (512)450-0342 197
1 C E R T I F I C A T E
2
3 MEETING OF: Texas Transportation Commission
4 LOCATION: Corpus Christi, Texas
5 DATE: October 27, 2005
6 I do hereby certify that the foregoing pages,
7 numbers 1 through 197 inclusive, are the true, accurate,
8 and complete transcript prepared from the verbal recording
9 made by electronic recording by Penny Bynum before the
10 Texas Department of Transportation. 11 12 13 14 15 16 10/31/05 17 (Transcriber) (Date) 18 19 On the Record Reporting, Inc. 20 3307 Northland, Suite 315 21 Austin, Texas 78731 22
ON THE RECORD REPORTING 10/27/2005 (512)450-0342