Governor Gives Our Supporters the "Finger" at Campaign Stop in S.A.!

At our picket of the Governor’s stop today, he clearly gave our supporters an obscene gesture commonly known as the “finger!” I was on radio this afternoon with Christian conservative talk radio host Adam McManus, KSLR AM 630. He was so appalled at this incident and couldn’t believe that a sitting Governor who claims to be a conservative would stoop to such a thing toward people with an opposing view, that he called up our witnesses, Byron and Dave, to have them personally testify ON THE AIR that they saw him do it! He’s demanding the Governor apologize. We’ll see what comes of it.

I must agree, it’s shocking for the leader of the Great State of Texas to resort to such school yard tactics when confronted with law-abiding citizens demonstrating their opposition to one of his prominent, life-altering policies to toll existing highways. After all, this is a no-tax pledge Governor who has effectively instituted the largest tax increase in Texas history, according to County Commissioner Lyle Larson, through lifetime toll taxes on FREEways we’ve already been taxed to build. He’s been flooded with thousands of emails asking him to put a stop to this and he continues to ignore the issue.

Unfortunately, this reveals the character of the man seeking re-election on a platform that seems solely based on wanting a legacy of being the “Governor who served the longest term in Texas history” rather than the Governor who served Texans well, with fiscal accountability and lowering the tax burden as he promised. Tell the Governor how you feel about his rude behavior to law-abiding citizens with a differing point of view. Write AND call the Governor: (800) 252-9600 ( and through web mail). Ask for an apology and more importantly, ask him to put have his Transportation Commission put a stop to this!

Here’s a story about it in the Express-News.

Our Picket Gets Notice at Governor's Stop in S.A.

Read the article in the Express-News.

AND

Read the article in the Express-News.

Perry’s re-election tour stops in S.A.

Web Posted: 01/11/2006 02:45 PM CST

Peggy Fikac
Chief, Express-News Austin Bureau

Targeted by critics over his use of a state economic development fund, Gov. Rick Perry emphasized job creation as he brought his re-election tour to the Alamo City today with a rally at a textile company.

Perry cited successful efforts to lure Toyota and the Washington Mutual expansion, telling a crowd topping 200 at Reyes Industries that they came to San Antonio “because they saw the type of leadership that would work with the state to create those jobs” and because Texas “went out and aggressively fought for those jobs we brought home to San Antonio with incentives.”

“I happen to think that that’s working pretty well. Somebody wants to complain about the Texas enterprise fund, I tell em you go to San Antonio and complain first,” Perry said.

Comptroller Carole Keeton Strayhorn, a Republican officeholder and independent hopeful for governor, has criticized the fund as a slush fund and suggested the money could better be used elsewhere. Democratic candidate Chris Bell also has lobbed criticism at its use by Perry.

The crowd was the largest Perry has drawn on the second day of his three day tour of Texas. Two employees of the company said employees were required to be there, with one adding they took lunch early to be able to make the event. Other Perry supporters also came to the facility, which had a line of protestors outside, mostly campaigning against creating toll roads.

The tour will continue today to Corpus Christi, Brownsville and El Paso.

RMA votes to spend $6.5 million on preliminary engineering for I-35, SH 16, & Wurzbach Pkwy. toll projects!

The most significant event at today’s Alamo RMA (Regional Mobility Authority or tolling authority) meeting was their vote to commit an enormous sum of taxpayer money to HNTB (engineering firm) for preliminary engineering for I-35, SH 16, & Wurzbach Parkway toll projects. First concern, Wurzbach Pkwy’s completion has been planned for 30 years and funded for 15, why are we commiting millions in taxpayer money to “study” toll lanes when it’s already paid for and has an original plan. Can you say, this is the US 281 debacle all over again?

Then, the HNTB (ie- special interest highway lobby firm coming to the public trough) presenter (whose name is no where on the agenda for the public to see) stated they could do the studies in 18 – 24 months and he PLANNED into the projects the lofty assumption that they’d only do environmental assessments (not environmental impact statements as required by law to study a highway’s impact on human health and the environment) AND he assumed they’d receive “findings of no significant impact” on all of them so they could steamroll 3 more toll roads down our throats with NO INPUT!

Thankfully, Commissioner Lyle Larson’s appointee, Former City Councilman Bob Thompson, spoke up and insisted the RMA do the full environmental impact statements (or EIS) versus the lesser environmental assessments and he recognized the need to do it primarily to get COMMUNITY INVOLVEMENT AND BUY-IN on these projects. While the EIS do take longer to conduct, he correctly stated that it would save them in the long run (since skirting the law has already delayed the 281 project with a lawsuit). To this bunch, public buy-in is a foreign concept! Thank you for finally injecting some sanity into the process, Mr. Thompson!

Some of the more insidious happenings…
I noted that their agenda said their would be project status updates on 281/1604 project among others and all they said was they’re in contract neogitations. So I noted that they’ve signed non-disclosure statements forbidding them from telling the public what’s in the contracts and that’s why they aren’t giving project updates on it. It’s SECRETIVE, a VIOLATION OF THE PUBLIC TRUST and an OUTRAGE! Then Jim Reid made an interesting note. He said they came up with a document last November that put sepcific limits on what these private agreements (CDAs) could have in them. He said they prohibited the non-compete clauses and some other key concessions. He promised to get it to me this week. So let’s see what they do.

Other Board members tried to assure us that they share our same concerns about the non-competes and no limits on toll rates, etc. One said they do care about public input and asked us to provide more alternatives rather than just say what they’re doing wrong. I later stated that a panel discussion on toll roads at Encino Park just last night did just that, offered at least a dozen other ways to “fix” 281 without tolling it. I tried to make the point that TxDOT’s own original solution (to put 4 overpasses at the lights) that’s nearly half the cost is all the solution that’s needed rather than tolling existing highways and, of course, they denied they were tolling existing roads. That “alternative has been on the table for 6 years, but they push that aside because that option doesn’t bring in new toll taxes!

So much for public input. They pick and choose what input they accept and implement. That’s been the problem all along!

Wall Street Journal Reports on Need to Protect Edwards Aquifer!

Link to Wall Street Journal article here.

Cities Spend Millions On Land to Protect Water
Purchases Near Aquifers Aim to Safeguard Runoff; Some Developers Object

By JIM CARLTON
Staff Reporter of THE WALL STREET JOURNAL
January 4, 2006; Page B6

AUSTIN, Texas — Environmentalists have been fighting for years to corral urban sprawl. Now they have a new ally: local governments that want to lock up undeveloped property to safeguard the drinking water that runs through it. Here in central Texas, the cities of Austin and San Antonio are racing to buy open space that lies over a giant underground water supply called the Edwards Aquifer. The municipalities are spending millions of dollars and provoking the ire of some developers and businesses that object to the idea of off-limits land and the taxpayer burden.

The land acquisitions in Texas have taken on urgency because the unique geology of the Edwards Aquifer makes it more susceptible to contamination. In most aquifers, soils are so dense that it can take years for rainwater runoff to reach wells. But the Edwards Aquifer is made mainly of porous limestone, geologists say, allowing runoff to race into surface springs and rivers in as little as a few days.

Local governments across the U.S. are buying undeveloped land to help protect municipal water sources. Thousands of acres have been bought up in the rugged Texas Hill Country, such as Barton Creek, shown here, outside Austin. Too much development of parking lots and homes could cause rainwater to run off even faster, making it harder to capture in reservoirs, say water officials. The aquifer also could become contaminated from lawn fertilizers, motor oil and other pollutants that get washed into the ground when it rains.

“If you keep building over the aquifer, you are increasing the pollution and also the chances of having a catastrophic spill,” says Robert Potts, general manager of the Edwards Aquifer Authority in San Antonio.

San Antonio, with a population of about 1.2 million, gets almost all of its drinking water from the Edwards Aquifer, while Austin, with about 700,000 people, gets about 5% of its water supply from it. Engineers estimate the aquifer holds between 25 million and 55 million acre feet of accessible water, or a more than 100-year supply for San Antonio alone. (An acre foot equals about 326,000 gallons.)

Since 2000, San Antonio has spent almost $45 million to purchase about 7,000 acres of land situated in the rugged Texas Hill Country, which is undergoing a building boom. Voters in San Antonio voted last May to raise $90 million in taxes to acquire rights to thousands more acres in the area.

In Austin, city officials have raised about $80 million in bonds since 1998 to lock up 20,000 acres. Austin officials say they may ask voters next year to approve as much as $100 million in bonds to add to the open space buffer. The same trend is happening elsewhere. Since 1985, the state of Massachusetts has spent about $120 million to buy about 20,000 acres of land around two reservoirs that supply water to greater Boston. New York City has spent about $170 million since 1997 to purchase some 70,000 acres abutting streams and rivers in the Catskills that feed into city-owned reservoirs. And in 2002, voters in Dakota County, Minn., approved a $20 million bond to preserve 10,000 acres of open space to protect the waterways there.

Many cities are finding it is cheaper to buy land to help keep water supplies clean than to build expensive treatment plants. In 1997, New York received a waiver from the Environmental Protection Agency stating it wouldn’t have to build a water filtration plant — estimated to cost as much as $8 billion — if it bought undeveloped land around the city’s main source of drinking water in the Catskills. The state of Massachusetts obtained a similar waiver in 1998. “We’re not there to stop all development, but just to protect the most sensitive lands,” says Dave Tobias, director of land acquisition for the New York City Department of Environmental Protection.

But such land-buying plans can be controversial. In the early 1990s, dozens of small towns in the Catskills fought New York’s goal of acquiring more than 200,000 acres in the region because they were concerned land values would be depressed if so much property was taken out of circulation. A group called the Coalition of Watershed Towns lobbied against New York’s request to buy land instead of building a treatment plant. The group dropped its objections only after New York agreed to seek out willing land sellers, rather than grabbing properties using its power of eminent domain.

In Austin and San Antonio, the land-buying programs also have come under fire. The Greater San Antonio Chamber of Commerce, for example, opposed a measure last May to continue a special 1/8th-cent sales tax passed in 2000 for aquifer protection, arguing, in part, the land program there was too ambiguous. Some builders and property-rights advocates also complain the programs needlessly limit land supply.

“It’s like writing a blank check for additional property to be taken out of circulation,” says Michael Moore, president of Ironstone Development LLC, a development firm in San Antonio. Mr. Moore adds builders already use techniques to safeguard the aquifer, such as putting in catch basins to filter rainwater that runs off a subdivision.

But many other real-estate executives are supportive of the programs, saying they rely on willing sellers who are offered market prices for their land. “This is far superior to the alternative, which is the practice of regulatory taking of land,” says Norman Dugas, a San Antonio builder and board member of the Greater San Antonio Builders Association.

The campaign to conserve land atop the aquifer began in Austin in the early 1990s. At the time, a group of environmental activists organized an effort to slow development over a part of the aquifer called Barton Springs, a popular recreation area and an important source of drinking water.
In 1992, Austin voters approved an ordinance known as Save Our Springs, which allocated some $40 million in bonds to establish conservation preserves on more than 5,000 acres in the watershed. In 1998, voters agreed to spend an additional $65 million in bonds to buy more land atop the aquifer in deals that were largely negotiated by the Nature Conservancy of Texas, Trust for Public Land and other conservation groups. An additional $13.4 million in bonds was approved in 2000 to buy 5,000 acres.

Austin set up conservation easements, which prohibit large developments, on a dozen properties including a 7,000-acre property known as Shield Ranch. In 1998, the city paid the ranch’s owner, Bob Ayres, and his mother and sister, about $6 million not to develop 1,700 acres of the property. The family ultimately donated most of the remaining land as a conservation easement.

Mr. Ayres says the family could have gotten about $10 million for the ranch from a real-estate developer. But he says the conservation deal fit in with their desire to preserve the land in the same natural state as when their family purchased it in 1938. “We didn’t want to see it covered up with subdivisions and strip malls,” says the 47-year-old Mr. Ayres, who manages the ranch.

Still, the land purchases are drops in the bucket compared with the amount of property that remains unencumbered. Conservation groups estimate as much as 500,000 acres of land over the 11 million-acre Edwards Aquifer should be protected from development, but Austin and San Antonio so far have bought a total of about 30,000 acres. “If we can get some of the critical tracts that are targeted for near-term development, we can slow down the pace of development,” says Colin Clark, spokesman for Save Our Springs Alliance, an environmental group in Austin.

Write to Jim Carlton here.

Cintra takes over airport for 99 year contract! Question is, which Cintra?

It seems there’s no public infrastructure Cintra doesn’t want to own and operate, and, what’s even more frightening, we’re willing to sell. Feast your eyes on this article about Cintra vying to buy-up an airport in Niagra Falls. Read it here.

Then read this article after the lease was signed and the confusion about two companies named Cintra, one that’s owned by the Mexican government, and one owned by Spanish interests. Read it here.

Macias launches campaign to unseat "Toller" Carter Casteel

Yippee! We have a candidate to unseat the queen of tolls, State Representative Carter Casteel. The same Carter Casteel who tried to deny she tolled her district and then admitted she did, then defended it by saying, “No one in my district will have to pay a toll” at a Town Hall Meeting in June 2005. Now really, that’s the weakest defense of double tax tolls I’ve ever heard! She acts as though her constituents only drive within the hermetically sealed border of her district. Excuse me , Ms. Casteel, have you ever heard of state highway US 281? Your district drives it along with I-10 and I-35 every day into work and TxDOT has plans to toll every one of those highways! She also reportedly told the Government Relations Committee of the Boerne Chamber of Commerce last December that the tolls would someday be removed from the roads like they were on the Dallas-Ft. Worth Turnpike (I-30). Hmmm, Casteel obviously takes us for fools since the Governor on down freely admits they NEVER plan to take the tolls off of these roads. That’s the whole point…a new tax, a new state revenue stream! More misleading double speak from the double tax toller of District 73 (Comal, Gillespie, Kendall, and Bandera Counties).

Read about Nathan Macias in this article in the New Braunfels Newspaper.

Toll Road in Denver Another Example of Privatization Nightmare

Toll roads are for the rich
“You won’t see anything but Land Rovers, Mercedes and Beamers,” says one toll road user in Denver. “No one else can afford it.” One of our San Antonio Toll Party members refers to them as Lexus Lanes, and that’s exactly right!

Junk Bond Status
Last month, Fitch Ratings downgraded the debt for Northwest Parkway in Denver to junk bond status. Guess why? Because growth was less than projected. Guess what they’re doing now? RAISING THE TOLL RATES to make-up for their higher interest payments due the shortfalls and higher debt load.

Non-compete agreements are the devil in the details!
“In the mid-1990s, to get the toll roads built, eight communities agreed that they would not compete with the toll road. They cut a deal to limit what roads could be improved, expanded or even built.”

Read about it in the Denver Post.

Toll roads lead to government at its worst…toll roads are bad fiscal policy, they’re more expensive to build and maintain, they’re based on implausible assumptions that growth projections will be the same with or without a toll road (it shouldn’t take a rocket scientist to know that once you toll a road, it changes people’s behavior…you bet it will slow down growth, who wants to live where you have to pay a toll to get to work, school, or shop?), they use gas tax money to build them and yet you can’t drive on them, the non-compete agreements prevent the maintenance and building of other free roadways, and they give control to a private company who’s primary goal is profit not efficient travel for all taxpayers.

Our politicians MUST BE STOPPED…they’ve sold out the public interest to special interests and we’ll be paying for their corruption for generations. Is this the inheritance we want to leave our children and grandchildren…an America where you cannot travel about with affordability and freedom? Where simply driving to work will cripple the family budget and take away their ability to provide a better quality of life since basic transportation costs will gobble up their dreams? Say, “No!” to this toll road corruption and bad fiscal policy. We’ve demonstrated for months that we can do better with much less cost and continue to build highways EVERYONE can use. Our politicans are CHOOSING NOT to do it!

TxDOT, under cover from Attorney General, keeps contracts SECRET from the public until it's too late!

An article in the Express-News today (read it here) addresses the need for government agencies to release public records more easily, except when you’re TxDOT! Here’s my letter to the reporter and submitted as a Letter to the Editor…

I appreciated your article on Open Records. If you’d like a glaring example of violation of Open Records laws and abusing the request for an Attorney General’s opinion in order to stall the process, look no further than the Texas Department of Transportation! I made a request for information in August for toll feasibility studies for Bexar and Comal counties and did not actually receive the information until November! I made another request on September 8 and STILL have not received the majority of the information.

In fact, for both requests, TxDOT tried to charge me over $400 simply to VIEW the documents on a computer at their offices! After getting an attorney involved in October, they finally agreed to let me view them in Austin at no charge, but not in San Antonio and I may not have hard copies of ANYTHING without paying $ .10 a copy (above the going rate at any copy store) plus personnel charges of $15/hour. They will not supply any documents to me on disk or via email without charging me in excess of $400. How is this freedom of information?

Texas law (Government Code 552.267) allows fees to be waived for matters of public interest. As the Regional Director of a grassroots group of concerned citizens regarding the toll plans for Bexar County, the majority being those who live directly in the affected area, clearly this information stimulates public knowledge and public debate and is purely in the public’s best interest. Why don’t you try requesting this information and see what sort of response you get? Perhaps Senator Wentworth will come to the aid of one of his own constituent’s and see to it the public gets “public’ information in a timely, affordable way.

As part of my request, we asked for the bids/contracts with foreign companies to build toll lanes on existing highways in Bexar County. The Attorney General has allowed the CDA contracts (comprehensive development agreements, or public-private partnerships) of Cintra-Zachry and Macquarie 1604 Partnership to remain closed from the public. What good does it do the public if we cannot see or give input into this process, including the negotiation of toll rates (taxes), the degree of control of the free lanes, and the amount of maintenance of the free lanes versus the toll lanes BEFORE THE CONTRACT IS SIGNED? TxDOT and members of the tolling authority have signed non-disclosure agreements and cannot discuss what’s in the contracts with the public, not even with the county commissioner who appointed them!

The Governor’s shift to privatize our public FREEways is largely being done under the cover of darkness (under the shadow of legal protection and political cover) without the public having input or access to the most crucial aspects of the contract negotiations. This secrecy breeds corruption, defies the transparency necessary for privatization projects, and violates the public trust. If privatizing our FREEways and slapping toll lanes on existing highways is the best deal for San Antonio, why can’t the public see what’s in these contracts?

Injunction filed to halt construction of toll road on 281!

Congratulations to the army of volunteers and citizens who made this legal action possible! We’re all in your debt! TxDOT and our elected leaders who have failed us will now have to answer to a Judge for their inexplicable behavior of attempting to put a 16 lane toll corridor over our sole source of water when a less costly, less invasive altenrative not only exists but is FULLY FUNDED WITH GAS TAXES and has been in the works for the last 6 years!

Read the press release from today…

For immediate release December 21, 2005

Injunction Filed to Stop Construction of US 281 Freeway Toll Road
Irreparable harm and lack of consideration of less costly and less damaging alternatives cited

Aquifer Guardians in Urban Areas (AGUA), advocates for protection of the Edwards Aquifer, and highway program watchdog People for Efficient Transportation, Inc. (PET) have joined together again to file an injunction in federal court today to ask that work on converting US 281 to a toll road be stopped.

This injunction is the next logical step following a lawsuit filed by AGUA and PET on December 1, 2005 that asserts that an Environmental Impact Statement should have been prepared for the expansion of highways over the recharge zone. In the meantime, TxDOT has been clearing trees and vegetation from the right of way.

“People are already experiencing increased traffic noise levels in their neighborhoods due to the loss of trees in the proposed right of way.” said Annalisa Peace, Vice President of AGUA. “Unless we stop this project soon, irreparable damage will be done to this sensitive area and its residences and businesses.” Documents filed by the Texas Department of Transportation show that residences will experience noise levels from the toll road in excess of federal health standards. At these levels, traffic noise is more than a nuisance, it causes hearing impairment, sleep disturbance, cardiovascular and physiological effects, and mental health effects. Not surprisingly, residential property values plummet.

“TxDOT already has a lower cost and less damaging plan than what they are building, “said Bill Barker, local transportation consultant, “and there are other options that would probably be even cheaper and quicker to build while in the long term helping to preserve the residential character and natural assets of the Hill Country. It doesn’t make sense that a massive, 16-lane toll road is the only feasible alternative.”

“The US 281 project is totally funded by taxpayer dollars, and the charging of an unnecessary toll by TxDOT will only hurt local businesses and residents who have invested in the corridor. This is double taxation and taxation without representation.” said Sal Costello, founder of People for Efficient Transportation Inc. “It is time for people to stand up to the special interests who will profit from these tolls.”

The Edwards Aquifer is a karst aquifer that is highly vulnerable to water pollution because surface water quickly enters the aquifer through recharge features without significant filtration. Many toxic pollutants, such as benzene, are being found in aquifer wells and are common components of highway and parking lot run-off.

The plaintiffs are represented by Save Our Springs Alliance. SOS Alliance’s litigation docket and information on the adverse affects of highways can be found at www.sosalliance.org. For more information on AGUA go to www.aquiferguardians.org; PET go to www.stopdoubletax.com
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