TEXAS DEPARTMENT OF TRANSPORTATION
COMMISSION MEETING
State Capitol
Capitol Extension Auditorium, E1.004
Austin, Texas 78701-2483
Thursday,
June 30, 2011
COMMISSION MEMBERS:
Deirdre Delisi, Chair
Ned S. Holmes
Ted Houghton
William Meadows
Fred Underwood
STAFF:
Amadeo Saenz, Executive Director
Bob Jackson, General Counsel
Roger Polson, Executive Assistant to the
Deputy Executive Director
JoLynne Williams, Chief Minute Order Clerk
ON THE RECORD REPORTING
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I N D E X
AGENDA ITEM PAGE
CONVENE MEETING 8
1. Approval of Minutes of the May 26 meeting 12
of the Texas Transportation Commission
2. Reports/Discussion Items
a. Report on TxDOT's modernization project 14
b. Update on recently enacted legislation 37
that affects the operation of the
department
c. Discussion of options for the establishment 48
of eligibility, prioritization, and
selection criteria for highway improvement
projects to be funded using the proceeds
from bonds, notes, and other public
securities issued under Transportation
Code, '222.004, known as Proposition
12 bonds, as well as undistributed funds
from the State Highway Fund (Fund 6)
d. Discuss the department's approach in 66
responding to a rescission of unobligated
federal-aid highway funds apportioned
to Texas
3. Aviation
a. Various Counties - Award federal grant 69
funding for airport improvement projects
at various locations (MO)
b. Appoint a member to the Aviation Advisory 73
Committee (MO)
4. Public Transportation
a. Award state funds to public transportation 74
providers for FY 2012 as appropriated by
the 82nd Texas Legislature (MO)
b. Various Counties - Award federal '5304, 74
'5311, '5311(f), '5316, '5317, Rural Transit
Assistance Program funds for the FY 2012
coordinated call for projects and award
transportation development credits (MO)
c. Various Counties - Award federal '5310 74
Funds, Special Needs of Elderly Individuals
and Individuals with Disabilities Program,
and award transportation development credits
for FY 2011 (MO)
d. Various Counties - Awards federal '5311, 74
Nonurbanized Area Formula Program funds
to rural transit districts for FY 2011
(MO)
e. Galveston County - Award federal '5316, 74
ON THE RECORD REPORTING
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Job Access Reverse Commute, grant program
funds to Houston Kiddie Express Transit
Service (MO)
f. Various Counties - Award federal '5303 74
Metropolitan Transportation Planning
funds, and award transportation development
credits for FY 2012 (MO)
g. Various Counties - Approve changes to 78
public transit projects previously approved
for funding from Texas' portion of the
American Recovery and Reinvestment Act
(ARRA) (MO)
5. Rail Project 79
Authorize acceptance of a grant from the
federal High-Speed Intercity Passenger Rail
Program and use of the Grant for preliminary
engineering and NEPA studies concerning high
speed rail service between Dallas-Forth Worth
and Houston (MO)
6. Promulgation of Administrative Rules Under
Title 43, Texas Administrative Code, and the
Administrative Procedures Act, Government Code,
Chapter 2001:
a. Final Adoption
(1) Chapter 9 - Contract and Grant 83
Management (MO)
Amendments to '9.42, Administrative
Qualification (Contracting for
Architectural, Engineering, and
Surveying Services)
(2) Chapter 10 - Ethical Conduct by 85
Entities Doing Business with the
Department (MO)
Amendments to '10.51, Internal Ethics
And Compliance Program (Other
Entities' Internal Ethics and
Compliance Procedures)
b. Proposed Adoption
(1) Chapter 1 - Management (MO) 87
Amendments to '1.1, Texas
Transportation Commission and '1.2,
Texas Department of Transportation
(Organization and Responsibilities)
(2) Chapter 2 - Environmental Policy, 88
Chapter 9 - Contract and Grant
Management, Chapter 24 - Trans-Texas
Corridor, and Chapter 27 - Toll
Projects (MO)
Amendments to '2.1, General Emergency
Action Procedures, '2.2, Definitions,
'2.12, Environmental Impact Statement
(EIS), '2.16, Mitigation, '2.19, Rail
ON THE RECORD REPORTING
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Transportation Project (Environmental
Review and Public Involvement for
Transportation Projects), '9.6,
Contract Claim Procedure for
Comprehensive Development Agreement
(General); Repeal of '24.11,
Comprehensive Development Agreements,
And '24.12, Environmental Review and
Public Involvement (Development of
Facilities); and Amendments to '27.2,
Definitions (Comprehensive Development
Agreements)
(3) Chapter 21 - Right of Way (MO) 89
Amendments to '21.10, Negotiations,
'21.13, Highway Right of Way Values,
And '21.14, Qualifications of Real
Estate Appraisers and Other Technical
Experts or Estimators (Land Acquisition
Procedures), and Amendments to 21.111,
Definitions and '21.118, Relocation
Review Committee (Relocation
Assistance and Benefits)
(4) Chapter 25 - Traffic Operations (MO) 99
Amendments to '25.1, Uniform Traffic
Control Devices (General)
(5) Chapter 25 - Traffic Operations (MO) 100
Amendments to '25.21, Introduction,
'25.22, Regulatory and Advisory Speeds,
'25.23, Speed Zone Studies, '25.24,
Speed Zone Approval (Procedures for
Establishing Speed Zones)
(6) Chapter 27 - Toll Projects (MO) 104
New '27.90, Purpose, '27.91 Definitions,
And '27.92, Financial Terms (New
Subchapter H, Determination of Terms
for Certain Toll Projects)
7. Toll Road Projects
a. Accept the Report of Actual Traffic and 106
Revenue for the Central Texas Turnpike
System (CTTS) (MO)
b. Montgomery County - Consider the approval 107
of the department's determination to
exercise its option to develop, construct
and operate the portion of SH 99 (Grand
Parkway) in Montgomery County, authorize
the project with DEVELOP authority (MO)
8. Regional Mobility Authority 111
El Paso County - Camino Real Regional Mobility
Authority (CRRMA) - Authorize the CRRMA to
undertake projects to make aesthetic improvements
to the I-10corridor from Loop 375-Transmountain
Road through Loop 375-Americas Avenue, and
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authorize the executive director to enter into
a project development agreement with the CRRMA
(MO)
9. Transportation Planning
a. Appoint a member to the Port Authority 113
Advisory Committee (MO)
b. Grayson County - Approve the redesignation 114
of the Sherman-Denison Metropolitan
Planning Organization (MO)
c. Harris County - Authorize the transfer of 116
$17 million in Category 12 (Strategic
Priority) funding from the Hardy Toll
Road Extension Project to the Elysian
Street Bridge Replacement Project (MO)
d. Nueces County - Authorize the Harbor 117
Bridge Project with DEVELOP authority and
increase the Corpus Christi District's
Discretionary Programming Authority by
$600 million (MO)
10. Rulemaking Advisory Committee 118
Create a rulemaking advisory committee to
advice the department regarding revisions to
the rules for the transportation development
credit (TDC) program, and designate entities
authorized to appoint members to the committee
(MO)
11. State Infrastructure Bank (SIB) 119
Final Approval
Hidalgo County - City of Donna - Consider
granting final approval of an application
from the City of Donna (city) to borrow up
to $607,000 from the SIB to pay for utility
relocation and ROW costs associated with the
overlay and reconstruction of FM 493 from
Business US 83 to US 281 (MO)
12. Obligation Limit and Cash Reports
a. Status report on the FY 2011 Obligation 120
Limit, the actual obligations utilized
through the current month, proposed
remaining highway maintenance and
construction contract letting for the
fiscal year and an update on motor
fuel tax receipts
b. Quarterly report on FY 2011 State 121
Highway Fund 6 cash status
13. Contracts
Award or reject contracts for maintenance,
highway, and building constructions
a. Highway Maintenance and Department 125
ON THE RECORD REPORTING
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Building Construction
(see attached itemized list) (MO)
b. Highway and Transportation Enhancement 127
Building Construction
(see attached itemized list) (MO)
14. Eminent Domain Proceedings 128
Various Counties - Authorize the filing of
condemnation proceedings to acquire real
property by eminent domain for non-controlled
and controlled access highways (see attached
list) (MO)
15. Routine Minute Orders 149
a. Donations to the Department
Beaumont District - Consider a donation
from Enterprise Products Operating LLC
for sufficient funding to construct an
extension of FM 565 from LP 207 to SH
146, which will then be conveyed to the
state in exchange for the right of way
on the existing LP 207 from FM 565,
south of SH 146 (MO)
b. Right of Way Dispositions and Donations
(1) Dallas County - SL 12 at SH 180 in
Dallas - Consider the sale of surplus
right of way to the abutting landowner
(MO)
(2) Hays County - I-35 at County Road 210
in Kyle - Consider the exchange of
surplus right of way for new right
of way (MO)
(3) Houston County - SH 7 northeast of
Kennard - Consider the sale of
surplus right of way to the abutting
landowner (MO)
(4) Midland County - SH 58, BS 158-B,
SS269 and SS 268 in Midland - Consider
the designation, redesignation and
removal of various highway segments
and the quitclaim of surplus right
of way and transfer of control,
jurisdiction and maintenance to the
City of Midland (MO)
(5) Rockwall County - SH 205 at FM 549
in Rockwall - Consider the sale of
a surplus easement to the property
owners (MO)
(6) Tarrant County - SH 121 along Union
Pacific Railroad in Fort Worth -
Consider the sale of surplus right
of way and waiver of the service fee
to the abutting landowner and
designate permitted access to the
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abutting landowner (MO)
c. Release of Access Rights
Brazoria County - SH 288, immediately
south of Hughes Road/CR 403 - Consider
the designation of a location on the
highway at which access will be permitted
to the abutting landowner (MO)
d. Speed Zones
Various Counties - Establish or alter
regulatory and construction speed zones
on various sections of highways in the
state (MO)
16. Executive Session Pursuant to Government Code, 125
Chapter 551
OPEN COMMENT PERIOD 150
ADJOURN 152
ON THE RECORD REPORTING
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P R O C E E D I N G S
MS. DELISI: Good morning. It is 9:07 a.m., and I call the regular June 2011 meeting of the Texas Transportation Commission to order. Note for the record that public notice of this meeting, containing all items on the agenda, was filed with the Secretary of State at 2:26 p.m. on June 22, 2011.
Before we begin today's meeting, I'd ask you to please place all your cell phones and other electronic devices on the off or silent mode, please.
We welcome you to the Texas Capitol for today's meeting. Our usual meeting space in the Greer Building is undergoing renovation and we expect to be back there for next month's meeting.
And as is our custom, we'll start with comments from the other commissioners, and we'll begin with today with Commissioner Meadows.
MR. MEADOWS: Thank you, Madam Chair, and thank you all for being here with us this morning
It's a real pleasure to have the opportunity to have this meeting at the Capitol and I'll note that Roger or somebody will probably note what a historic occasion this is for this commission. But in any event, we certainly are appreciative of the opportunity to be here while our regular meeting room is under construction.
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Let me just mention briefly, last Friday I know several of the people in the audience were in attendance as well, but I had the opportunity to, the real pleasure of participating in the dedication of our two new ferry boats at the Port Aransas ferry system. And to me what was remarkable and really wonderful was that because of the tradition of naming of these ferry boats after our executive directors, it really reminds you of what a wonderful tradition and traditions the agency does have and does celebrate on a regular basis, and really the hallmark and the strength of the agency really, as we all know, the people of the agency. So it was a wonderful reminder of that and a wonderful celebration.
You know, those were the first new ferry boats we've had since, as former Commissioner Johnny Johnson was present and pointed out, the first ferry boats that we have had since the 1990s, I believe. And he said in his entire tenure on the commission he didn't have the opportunity to take part in such an event.
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But we had some great people involved in coordinating that celebration. John Casey, our district engineer in Corpus; Howard Gillespie, who is the admiral of the fleet, I believe, at least he looks like that; Tom Tagliabue who is our public information officer there and Amy Loos who is the public information officer in the Yoakum District who had been involved. Also, the mayor of Port Aransas, and representatives from Senators Hegar, Hinojosa, and Todd Hunter had staff present as well.
But congratulations to Mike Behrens and Wes Heald as those boats are named for them.
And one last thing, I know this is lengthy, but I just want to congratulate the legislature for concluding a very successful session, and I want to acknowledge and express appreciation, as I know we all would, to our staff that were involved in legislative activities as they worked and interacted with members of the legislature to advance issues that are important to the citizens that we represent in the transportation arena.
In any event, thank you very much and welcome.
MR. UNDERWOOD: I associate myself with my colleague's remarks. I've got to get the recipe for that.
(General laughter.)
MR. UNDERWOOD: I just want everybody in the audience to know that I was very impressed with our legislature for the job they did during very tough economic times and the constraints that they were under. And I really want to thank our staff for working with the legislature to help the taxpayers of Texas get the most bang for their buck. So to our staff, the hard work they did, to the legislature, very impressive session.
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So thank you very much.
MR. HOLMES: Good morning and welcome. It is kind of fun to be sitting up on this really high perch, you kind of begin to feel how important you are.
(General laughter.)
MR. HOLMES: I'd like to acknowledge the legislature, our staff, but also all of those folks that work for members of the House and Senate. We interacted with them a lot and I think they did a great job.
And Bill, one of these months we're going to have a boat named for Johnny Johnson too.
Thank you, and welcome.
MR. HOUGHTON: I associate with my fellow commissioners' remarks regarding the legislative session. It was very successful, and as Commissioner Underwood said, in the times of constraint it was a tough session as far as being able to do what the legislators had to do to keep the spending in check, and my congratulations not only to them but our staff for bringing it across the goal line and providing the funds necessary that we'll need ‑‑ not necessary but we'll use to build somewhat of a transportation system over the next couple of years.
And Commissioner Meadows, I hope you accord us the same opportunity in El Paso when we have our ferry system across the Rio Grande River.
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(General talking and laughter.)
MR. HOUGHTON: The legal ferry system in El Paso.
But welcome, everyone.
MS. DELISI: I just want to remind everybody if you wish to address the commission during today's meeting, please complete a speaker's card at the registration table outside of this conference room. To comment on an agenda item please complete a yellow card and identify the agenda item. If it's not an agenda item, we'll take your comments at the open comment period at the end of the meeting, and for those comments please fill out a blue card. Regardless of the color of card, we do ask that you try and limit your comments to three minutes.
Our first order of business is approval of the minutes from the May 26 meeting. Members, the draft minutes have been provided in your briefing materials. Is there a motion to approve?
MR. UNDERWOOD: So moved.
MR. HOLMES: Second.
MS. DELISI: All in favor?
(A chorus of ayes.)
MS. DELISI: The motion passes.
With that, Amadeo, I'll turn the agenda over to you.