Austin MPO running scared; delays vote on toll roads until after election!

Link to Austin-American Statesman article here.

This is beautiful! Reporter Ben Wear actually gives the Austin Toll Party credit (albeit veiled credit) for the defeat of several toll projects and the defeat of certain politicians on CAMPO. Eventually all politicians have to face the music, and when push comes to shove, they’d rather keep their jobs and do what the voters want than side with the special interests like the highway lobby at their own peril!

Vote on more toll roads delayed
Support for pay-to-drive plan may be eroding; decision not expected before fall elections.

By Ben Wear
AMERICAN-STATESMAN STAFF
Wednesday, June 28, 2006

Transportation officials have postponed, probably until after the November elections, what is shaping up as a definitive vote on a second wave of toll roads for Central Texas.

And evidence is mounting that the vote could be a reversal, in part or in whole, of the 2004 and 2005 votes by the Capital Area Metropolitan Planning Organization board to make the roads pay-to-drive.

The precipitating event in the delay is a recent change by federal highway officials in requirements for environmental analyses. That meant environmental reports on the five potential toll roads in the Phase II plan won’t be done for several months, erasing what appeared to be a July deadline for a CAMPO board vote.

But the underlying dynamic of the postponement is political. A growing number of the 23 board members — 21 are elected officials — want to wait for results of a study before making the politically ticklish vote. A $300,000 financial review by a Boston consulting company of the $1.4 billion project won’t be done until October or so.

“Once we get the study back, we’ll need to spend several months working through the results and figuring out where we go from here,” said Austin City Council Member Brewster McCracken, a CAMPO board member.

McCracken, who joined the majority in a 16-7 vote in July 2004 authorizing Phase began to have doubts months later and pushed for the study of the plan’s underlying assumptions and potential alternatives to tolls.

For months after McCracken’s change of heart, it seemed that support for the toll road plan was holding firm. But at the CAMPO meeting two weeks ago, Phase II skeptics appeared to have found their voice.

“A consensus has emerged in the community in the two years since this plan was presented to the board,” McCracken said Monday. “And the consensus is that it is OK to toll new roads but that we should not convert existing free highways into tollways.”

The Phase II plan does not consist of pure conversions, that is, simply erecting toll facilities on an existing road without making improvements. Rather, the plan involves building one road from scratch (Texas 45 Southwest) and building tolled express lanes with free frontage roads on four other highways that are interrupted by stoplights.

Two of the four roads in that second category, U.S. 183 (Ed Bluestein Boulevard) and Texas 71 East are already under construction. The other two are U.S. 290 East and U.S. 290/Texas 71 in Oak Hill.

All the Phase II roads have generated criticism, as did two others that were in the plan in 2004 but were jettisoned after massive, well-organized opposition. And toll roads have been a factor in the election defeats of CAMPO board members Karen Sonleitner, a Travis County commissioner, and former West Lake Mayor Dwight Thompson.

But state Rep. Mark Strama, D-Austin, a CAMPO member with a potentially tight re-election battle this fall, said the delay isn’t about avoiding a tough vote before the November elections.

“The politics of tolling have become so opaque to me that I’ve given up on trying to do the right thing politically on it,” Strama said. “I don’t want to procrastinate on this. We have to get it right from a policy perspective so we can defuse some of the tensions and antagonisms it has created. And I’m for getting it right as soon as possible.”

Strama nonetheless wants answers to some questions, such as why the plan assumes that only 15 percent of the construction money would be borrowed (with the rest coming from state and federal gas taxes) and how high a local-option gas tax (not currently allowed under state law) it would take to replace the lost toll revenue.

State Rep. Mike Krusee, R-Williamson County, the House transportation committee chairman and architect of the toll road plan, said it’s too early to conclude that Phase II is in trouble. The study, he said, is unlikely to be the political magic bullet CAMPO members are looking for.

“What I presume it will say is, ‘Is there any possible way to build these roads without tolling them?’ and the answer will be yes,” Krusee said. “And ‘are there serious consequences for the future of road building if we don’t toll?’ And the answer to that will also be yes. So you’ll still face the dilemma.

“When we do take that vote, I just want to make sure everyone understands the consequences of what we’re doing.”

MPO votes unanimously to add high gas prices to attitudes and perception survey, but…

Link to Express-News article on vote here.

What does it tell you that even TxDOT voted for this? What the good guys tried to accomplish was to get a study that the MPO already conducts and has money allocated for expanded to include a study of high gas prices on the region’s transportation. The study only gauges attitudes and perceptions of driving and congestion, and we asked that the study’s scope be expanded to include a study of the financial and economic consequences of high gas prices, not just public perception. Only a study of real data and a hard look at the financials can actually tell them if the toll roads and other highway projects are justified financially in light of high and climbing gas prices. They did not vote to expand the study beyond asking people’s perceptions about high gas prices.

So this perceptions study was scheduled for mid-2007, and the good guys like Adkisson, Larson and our new hero on the MPO, Melissa Castro Killen of Via, tried to do was get that study moved up to fall of this year and get the scope expanded to include an actual study of the impact of high gas prices on transportation projects not just public perceptions of the gas prices. Well, Chairman Richard Perez stepped in to make sure that any study stayed in 2007 “because the high prices haven’t really changed people’s behavior yet” (really, that’s not what Alan Greenspan is saying, does Mr. Perez have data Alan Greenspan doesn’t?), and he called for a vote before anyone knew what hit ’em. The vote was unanimous, but they only gave us a sliver of what’s really needed to turn this train around.

Jim Reed of the Alamo RMA was spouting to the press that they see no reason at all to stop proceeding with toll roads based on the numbers. His “data” says no matter what happens, people will pay tolls to get to work faster. They’re living in a dreamworld if they think continued hikes in gas prices means people can just endlessly afford to pay MORE to get to work. They won’t even LOOK at other data that says otherwise. As long as their “highway lobby” financial analysts tell them people will pay tolls to get out of peak traffic, they don’t seem to care how that effects the larger economic picture, nor what other aspects of our quality of life and even the County’s tax base get effected.

Interim MPO Executive Director, Syd Martinez, even admitted people will cut back other discretionary spending to keep filling their tanks…yeah, because people don’t have a choice! They have to get around and they have to get to work. But this won’t last forever. How will this impact the City and County’s tax base if people make fewer trips to the store or to movies, or out to eat? Can they not see the forest for the trees? This will HURT THE ECONOMY, thus hurt employers’ ability to keep jobs and expanding their businesses, etc. It hurts all of us!

If Alan Greenspan says we’re headed for economic crisis and says the high gas prices are finally starting to hurt the economy, he doesn’t say this based on speculation and conjecture. He’s got real data telling him this. Seems we need to get a hold of such data.

The bottom line, the elitist pro-toll crowd thinks we’ll all keep ponying-up endless amounts of money to pay for the extra costs of transportation they wish to impose. The reality is you can’t squeeze blood from a turnip. There’s only so much money a family can give to transportation before we start completely altering our lifestyles. What are they waiting for, people having to choose between taking a toll road and feeding their families? C’mon! From what small business owners tell me and what especially healthcare workers keep telling their employers, they will no longer be able to work in Stone Oak if they add tolls to their already skyrocketing costs of gas. Is the MPO going to ignore all of this? People need other options, not just to be taxed to death and priced off our freeways!

With the help of friends on the Board, we’ll work to get that study date moved up and the scope expanded whether through another official vote of the Board or through the committee they’ll appoint to shape the scope of the study. This ain’t over, and ultimately we must take this fight to the ballot box in November!

MPO Board Voting Members Present:
Rep. Carlos Uresti
Commissioner Tommy Adkisson
Councilman Chip Haas
Councilman Richard Perez, Chair
Amy Madison, NE Partnership
Joe Aceves, Bexar County Info. Svcs
Al Notzen, Bexar County
Melissa Castro Killen, Via Board
Dr. Sydney Ordway, Via Board
Emil Moncivias, San Antonio City Planner
Syd Martinez, Interim Executive Director of MPO
David Casteel, District Engineer, TxDOT
Clay Smith, P.E., TxDOT

Elected officials not present:
Commissioner Chico Rodriguez, Precinct 1
Commissioner Lyle Larson, Precinct 3
Councilman Art Hall, District 8
Councilwoman Elena Guadjardo, District 7

Toll Party Statement to MPO
June 26, 2006

With gas at $3 a gallon throughout the state, it not only seems prudent, but absolutely necessary to study the impact of these high gas prices on the region’s transportation, particularly before you proceed with 73 miles of toll lanes. People will not have the discretionary income to pay tolls when gas is astronomically high, and we have every indication that it will remain high.

I have an article here from a New Jersey newspaper article just a few months back that says two of its turnpikes have lost revenue due to high gas prices, initially from Katrina, but the loss of revenue has continued now that we are now back to Katrina prices. Just the New Jersey turnpike alone lost $5 million last year! Do you think these private investors are going to invest billions in our toll system to see multi-million dollar losses continue due to high gas prices? It’s not only prudent, it’s vital to the economic stability of the region to study the affects of high gas prices on toll feasibility. An investment grade traffic & revenue study on Hwy 183 up in Austin found that toll roads aren’t feasible at $3 a gallon for gas. Another traffic & revenue study for Hwy 130 states similar concerns.

Gas prices have changed significantly since the MPO put 73 miles of toll roads in its plans. Gas prices are beginning to show their drain on the economy in the manufacturing industry, with new housing starts shrinking, and in the higher cost of goods. Even Alan Greenspan, former chief of the Federal Reserve, testified June 7 before the Senate Foreign Relations Committee that “rising energy prices are pushing up inflation and increasingly threatening the U.S. economy.

“He called for speedily developing alternative energy sources such as ethanol and liquefied natural gas” and said “there won’t be a significant retreat for oil prices in coming years.”

San Antonio is listed in Forbes Magazine’s Top 10 cities hardest hit by high gas prices. It’s incumbent upon this body to take a step back and look at the larger economic and regional transportation picture. People are driving less, not more (see USA Today article). A CNN poll released just weeks ago showed that nearly 60% of respondents said gas prices are affecting their ability to maintain their standard of living.

People are turning to public transit now more than ever due to high gas prices only making car ownership continue to be out of reach for more San Antonians. San Antonio has one of the highest percentages of folks who cannot even afford to own a vehicle, and high gas prices and tolls will make it further out of reach. There needs to be more than just building ever wider and more expansive highway corridors in our region’s transportation picture. Let’s give folks a true choice in transportation….not simply having to choose between not getting around efficiently at all and paying the high cost of tolls.

Since San Antonians already have to drive 19% more than the average resident of other major cities, we need better planning including having a regional approach to transportation along with sensible development, especially boosting arterial connections (which also enhances public transit’s usability). Dave Pasley, former Planner for the City of San Antonio, mentions this in an editorial last December. It would be grossly irresponsible to proceed with building 73 miles of toll lanes (with more lanes being studied) when they’re not viable at $3 a gallon for gas while starving residents of other realistic and more comprehensive transportation solutions. People can’t pay what they don’t have money for. It’s not a fair assessment to say people don’t change their driving patterns to get to work due to high gas prices (as Mr. Martinez’ presentation suggests). Just gauging the public’s attitudes and perceptions doesn’t go far enough.

There is real data, hard data that paints a different picture than the one MPO Executive Director Martinez tried to paint. Traffic & revenue studies, bond investors, showed toll roads in Austin are not feasible at $3 a gallon. That’s not perception, that’s hard data. We encourage you to expand the scope of the study to ensure you look beyond attitudes and perceptions to the real financial data telling you the sustainability and feasibility of your MPO plan.

Rep. David Leibowitz asks this Board to support this study. Thousands of San Antonians stand with me in asking you to VOTE YES on a study of the impact of high gas prices on our region’s transportation.

MPO: Delay on gas price study; TxDOT: "I

CHAIRMAN RICHARD PEREZ MAKES ADKISSON JUMP THROUGH SPECIAL HOOPS
Apparently MPO Chair Councilman Richard Perez, has a different set of rules for Commissioner Adkisson to place an item on the agenda than for TxDOT, school districts, and other parties who get agenda items placed on the MPO agenda without having to bring it to the Board for approval. Perez asked Adkisson to bring up his study of gas prices at today’s meeting to be placed on NEXT MONTH’S agenda.

Clearly, the MPO needs to clarify how an item gets place on the agenda…Mr. Perez keeps making any item that remotely relates to tolls or that brings accountability on the toll plans have to go through “special” hoops other items do not. Stay tuned, this ain’t over and we were able to tell the press of this injustice and playing politics with our highways! Overall, Commissioner Adkisson’s concern over gas prices and the increase in public transit usage were echoed by the Board and the study will get a vote next month. MARK YOUR CALENDARS NOW, try to arrange your work schedules around it, Monday, June 19 at 1:30 PM at the Via Metro Center at 1021 San Pedro!

SPARKS FLY
Some of our supporters still wanted to address the MPO Board and one speaker expressed concern over the plans to toll not only Bexar County, but Hwy 46 in Comal and other outlying counties. District Engineer for TxDOT (read his previous outrageous comments here) David Casteel tried to mislead our speaker into thinking no existing lanes would be tolled and that there were no plans to toll Hwy 46. Well, I had to say something. I couldn’t let such blantant lies and condescension go unanswered. So when I went up to speak I told Mr. Casteel his comments were NOT TRUE! He contended with me and I brought forth the preponderance of evidence that demonstrates in fact TxDOT is tolling existing lanes and right of way and that they do have plans to toll Hwy 46 (see previous posts here and here).

At one point I said, “You can’t tell me tolls aren’t in the future for Hwy 46.”
Casteel tried to deny it: “Tolls are NOT in the future for Hwy 46.”
“We don’t believe you,” I retorted.

The pass through financing contract between TxDOT and Comal County (page 3) specifically has a clause that allows them to impose tolls later if the County and TxDOT agree to it. If there’s no plans to toll 46, why is that phrase in the contract??? Then there’s the November Transportation Commission Meeting transcript, and Comal County Commissioner’s email as more evidence, the list goes on (see previous posts here and here).

AFTER I ceded the rest of my time because the lies and outright decption were making me sick to my stomach, Casteel grabs his microphone in further defiance and nearly shouts, “And I don’t like being called a liar either.” For the record, I didn’t call him a liar, I said he hadn’t told the truth. Perhaps if he stopped lying, we could honor such a request. TxDOT’s credibility is totally shot and for them to act insulted that the public flat out doesn’t believe a word they say is their own doing. In addition to deliberately misleading the public on tolling existing FREEways and other details of the toll plans, they are suing the Attorney General to keep public contracts SECRET (see story here).

They’re charging us almost twice as much to build tollways as freeways. They’re tolling us for a freeway and improvement plan that’s already paid for and then they lie about the funds being diverted to other projects only to have them show up when they let a contract to Zachry to build a tollway (but not a freeway). They admit at the MPO to tweaking the timing of the stoplights on 281 that doubled commute times over night and then deny it weeks later calling US conspiracy theorists and liars ( read about it here). They’re trying to silence private citizens from sharing public information with fellow citizens demanding we get State permission first ( read about it here). They stonewall, stall, delay, and often flat out refuse to answer basic questions forcing citizens to do formal public information requests just to find out what the taxpayers are expected to fund, and they demand the public face and speak only to them in the midst of a PUBLIC meeting on highway corridors that affect a residents’ fellow audience members more than TxDOT ( read about it here, see Bush Middle School Meeting). Then they hold workshops at taxpayer expense announcing Texas is for sale to the highest bidder at the expense of the public good (see it here). Mr. Casteel, since the shoe fits, wear it!

TxDOT COULDN’T CARE LESS
Philip Russell with TxDOT briefed the MPO today on the TTC-35 project (the project with the secret contract, read about it here ) as well as the Hwy 130 project and how it relates to the Trans Texas Corridor (more info here). During his talk, he tries to sell the idea of privatizing our infrastructure by saying there isn’t enough money to complete certain projects for 20 years or more unless a local entity wants to pony up hundreds of millions to help get it done sooner (mocking local governments for their unwillingness to pony up money for STATE highways that aren’t under their responsibility…that’s TxDOT’s job!). So he tried to lead the MPO down the road that CDAs (public-private partnerships) and private money are harmless and are the best things since sliced bread because now TxDOT can build whatever they want whenever they want without a pesky little hindrance like money and accountability! Then he actually stated:

“I couldn’t care less where the money comes from. It could come from Casteel’s bank account for all I care.”

In that statement, there’s no moral or ethical limitations and no depth to which they won’t stoop for cold hard cash, no regard for the best interest of Texans, no regard for national security, nor regard for the economy (increasing the cost of transportation 2-10 times through tolls), no regard for blowing a hole in the family budget, and no concern for granting a single entity a 50 year monopoly over our public infrastructure to foreign companies (see recent Barron’s article here and article on the U.S. Addiction to Foreign Money here). It’s past time to clean house at TxDOT. How do we do that? Elect a new Governor. See why we endorse Strayhorn here.

SAN ANTONIO TO GOBBLE UP COMAL COUNTY, GARDEN RIDGE, SCHERTZ
(Commentary reported by an attendee)
Due to the results of the 2000 census, Garden Ridge, south of FM3009, has enough population and is dense enough for the SA MPO to be required by Federal Law, to initiate talks with Garden Ridge to become part of the SA
MPO. A slide for the year 2030 showed how Comal and Guadalupe Counties south of Loop 46, and yes the term Loop 46 (San Antonio is calling Hwy 46 the outer loop of San Antonio) was used, would be part of the MPO. Another slide showed how in the year 2030, all of Comal and Guadalupe Counties would be part of the SA MPO.

An alternative to this would be for New Braunfels, in the year 2010, to become its own MPO. That would be triggered because the city’s population would exceed 50,000. The downside for New Braunfels is all the work involved running an MPO.

Garden Ridge should not become part of the SA MPO. Instead, have New Braunfels become an MPO in 2010. Then have all of Comal County align itself with that MPO. If Comal County were to become part of the SA MPO, then the county would have one vote on the board. Thus, the Judges of Comal County would relinquish control of Comal County. That’s a bad idea! As for money, it wasn’t discussed much. That fell somewhere between the SA MPO won’t get more money for bringing in that area, to the SA MPO must be compensated. I see another tax on the horizon. Comal County has independence and low taxes. Let’s keep it that way.

The SA MPO stated they would wait until the end of summer to contact Garden Ridge and New Braunfels about becoming part of the SA MPO.

Though it wasn’t stated, I’m concerned this will be a prelude for SA to extend the city limits and engulf Garden Ridge, and other parts of Comal County.

Parts of Comal County already are part of the SA MPO. As for Guadalupe County, there is an area on the east side of I-35, north of Schertz that will also be approached to become part of the SA MPO. I hope the folks in Guadalupe County have the foresight to avoid becoming part of the SA MPO.

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TxDOT LIES to MPO stating no taxpayer money going into Trans Texas Corridor

Clay Smith of TxDOT told the MPO Monday that no taxpayer money would fund the Trans Texas Corridor. That’s a flat out lie. It’s been reported that Prop 1 rail funds, which are taxpayer-funded bonds, are fair game to fund the Trans Texas Corridor [See story here and from the Star-Telegram, “Williamson said toll road revenues could be among the sources of repayment (for Prop 1 rail debt),” –Oct. 30, 2005].

In fact, it’s on TxDOT’s own web site (See it here.) It states: “Once completed, the TTC will be one of the state’s largest transportation assets. It will be financed with the support and resources of the private sector along with tolls, bonds, limited state funds and other revenue sources.”

Right from the horse’s mouth! They are going to use public debt and public money to build this behemoth while also taking private land through eminent domain abuse and handing control of it over to a foreign company in a secret 50 year sweetheart deal (Houston Chronicle article and Star-Telegram article)!

Also, the Star-Telegram article clearly states that in the TTC route our Governor plans to absorb existing I-35 from San Antonio to Laredo as part of this 4,000 mile network of toll roads. How is that NOT using TAXPAYER money, Mr. Smith?

Shame on Clay Smith and shame on TxDOT!

TxDOT Public Meetings on 281….SCORE!

NOT TOO LATE TO GET YOUR COMMENTS ON RECORD!

Be sure you’re on record against the tolling of 281 by submitting comments to US281@hntb.com through April 10. If you do not receive an automatic reply that they received your email, call (210) 349-2277.

Some major points to make:
(Feel free to use the wording from our petition here. Click on “Send this Message” to view and copy wording.)

1) Install ORIGINAL PLAN
It’s already funded for 2 years, Borgfeld overpass funded since 2003!
PROOF: TxDOT plan, WOAI.

• Not USER fee, EVERY TOLL PLAN USES OUR GAS TAX DOLLARS (but can’t drive on it unless you pay a toll , too…it’s DOUBLE taxation)See Larson’s comments here.
• Plan to charge 281 drivers to fund toll lanes on 1604…this is a totally unnecessary tax grab by unelected bureaucrats!
• They say you’ll have a choice, but the choice is tollway or access roads, NO NON-TOLL EXPRESSWAY! ONLY NON-TOLL is frontage lanes. Once interchange built, no non-toll interchange!
• (Hwy 45 outside Round Rock just had heated public meetings a few weeks ago because the free lanes have been REMOVED from that project…there will NOT always be a non-toll choice as they promise.) TxDOT and the pro-tollers cannot be trusted!

2) HNTB hired by TxDOT to conduct “independent” environmental study
• Member of SAMCo/Greater Chamber, both pushing tolls
• Conflict of interest/bias
• By law, supposed to consider alternatives…glaring choice is TxDOT’s own plan already funded for 2 years. It’s less invasive, less expensive, less construction time and it’s free…that everyone can drive!

3) Foreign management/secret contracts, no cap on the toll rates, spending $1.2 million just to negotiate contract for a year. 83% of Americans OPPOSE foreign management of our public infrastructure and yet they’re spending your tax money and taking your land and handing it over to foreign companies. (Info here.)
• Suing AG to keep secret (Houston Chronicle)

4) COST: Original plan, $48 mil. Tollway $83 mil.
• Gas tax, pennies day, tolls are dollars a day
• Toll rates of 29 cents to a $1.00 a mile in TxDOT’s own documents…tolls will add $3,000 a year average commuter. Economic hardship to consumers and business alike will hurt the economy, affect home values in corridor, etc.!

The very unscientific study TxDOT presented at the 281 public meetings is detailed on Express-News reporter Pat Driscoll’s blog today.

Driscoll’s blog.

Of the 97 (TxDOT self-selected) people who submitted a survey, 65% want the congestion relief but don’t want to pay a toll to get it. Yet TxDOT is in negotiations right now with two foreign companies to control our publicly funded infrastructure, Hwy. 281, for the next 50 years. Sure seems TxDOT has already arrived at a pre-determined conclusion and this is just going through the motions. It’s also abundantly clear TxDOT and politicians proceed at their own peril! It was mentioned how the Toll Party vote helped un-seat Carter Casteel in District 73 and how that will have a ripple effect come November! The public is not behind this and will NEVER be behind this money grab, DOUBLE tax scheme that takes what belongs ONLY to Texans and hands it over to a foreign company! Are we Texans or what? Are we going to stand a stand and draw a line in the sand or not?

March 29, Reagan High School:

WE had a TON of folks turn out to speak against the toll plans, demand the original plan to be installed, and much more! We had a petition table and our “toll booth” box as well as fine citizens handing out fliers. We’ve subsequently added dozens to our membership and even got some donations. Well-informed citizens spoke eloquently touching on just about every major concern with the toll plans, economic, impact to residents, our aquifer, the economic impacts, the foreign management, etc. The audience was clearly behind us as evidenced by the animated applause for those who stood against the tolls.

Those in the highway lobby who dared show their faces were SAMCO (Joe Krier and his Exec. Dir., Vic Boyer, were both there) as well as the Hispanic Chamber of Commerce, Terrell McCombs, and others.

March 30, Bush Middle School: TxDOT’s POWER grab OUTRAGEOUS!

Right out the gate, the most outrageous abuse of power took place! Clay Smith of TxDOT, who moderated the public comment period, told one our supporters to face him instead of the audience. Our guy said, “But I would like to talk to them, not you.” After speaking back and forth a bit, Smith called armed police officers over to escort him out of the building for simply wanting to face the PUBLIC while he gave PUBLIC comments about a PUBLIC highway! Who does TxDOT think they are? What law was this gentlemen breaking? They actually tried to eject a concerned citizen for not paying hommage to TxDOT!? Now a state agency can demand what direction one’s body is facing in a public meeting? Share your thoughts with the Governor and how you feel about his toll plan and how his Department of Transportation treats the citizens of this state.

Like the night before, the audience was clearly behind us and firmly entrenched against tolls! However, the highway lobby was present. The RMA had a heavy presence which I thought was interesting since Bill Thornton went out of his way to mention at the debate (See blog here.) that the 281 lawsuit and project was a TxDOT project not theirs. Hmmm, why is it that you were at the public meeting for the 281 project, then, Mr. Thornton? I can tell you why…TxDOT along with the RMA are in negotiations right now with two foreign companies to control our publicly funded infrastructure, Hwy. 281, for the next 50 years. RMA Board member Bob Thompson, Lyle Larson’s appointee, stood up to speak (and DID NOT IDENTIFY HIMSELF AS AN RMA BOARD MEMBER), his comments were weak (basically said we ought to proceed carefully), and DID NOT ACCURATELY REFLECT Larson’s very STRONG stand against the tolling of 281! Share your thoughts with Commissioner Larson here.

TxDOT also did a BIG no, no in how it collected comments on this project….BREAKING NEWS SOON!

MPO & Larson hear from us on signal timing on 281

Melody Sosa had this to say at the MPO Transportation Policy Board yesterday…

I am from Houston and have experienced living near a toll road. I asked them if they have done an economic impact study to see what the effect of a toll road will be on the businesses and property values of this area. When I lived near the toll road I noticed traveling on it that there were no flourishing businesses and that property values decreased because people don’t want to live or work near a toll road. I said that I noticed that there are alot of new houses being built in this area and that I know that they are planning for alot of growth in the years ahead, but have they considered that a toll road will stifle that growth and so we will be stuck with a huge 16 lane road which will be unnecessary. A catch 22. I said that the traffic there isn’t bad enough to warrant such a huge road and that a few minor fixes are more appropriate, especially considering that it is over the aquifer.

I cannot even use certain fertilizers because of my home being over the aquifer and I can’t imagine what a giant road will do to our water, but it can’t be good. I also let them know that the toll road in Houston didn’t help congestion, My husband had to travel on it for 2 years to work and it still took him an hour each way and cost us 40 dollars a month. I closed by asking them what they planned to do with the increased traffic on the arterial roads near the toll road. I used to avoid the toll road in Houston and I’m sure people here will do the same, which will cause traffic problems. I asked them specifically if they planned to expand Bulverde, which already has alot of traffic, which will increase with a tolled 281. They are only going to be causing more traffic problems.
_____________________________

Supporter David R. McLaughlin sent this to the Express-News and to Commissioner Lyle Larson…

Dear Editor,

Outrageous is the mildest expletive I can use for the conduct and propaganda of TxDot, City and County Officials. The propaganda statements by Joe Krier and Bill Thornton are filled with the stuff that Joe Krier claims is coming from the Texas Toll Party. The San Antonio City employees in collusion with TxDot have purposely “tweaked” the stop lights on 281 to ensure that traffic backsup during the rush hour. It is a relatively simple speed, distance, time equation to set the lights so that cars will flow through them in an orderly fashion. It is obvious that when the next light turns red as the traffic from the last one is just arriving that timing has been set to the worst possible mix. If the City traffic department can’t figure it out then they should be fired or the Texas school system has really suffered erosion in education more than we thought.

Joe Krier and Bill Thornton do not drive that stretch of 281 to work everyday. Commissioner Lyle Larson does and knows what he is talking about. My wife and I drive it every morning also. My wife drives 40 miles round trip to UTSA everyday to work as a nurse, 95% on 281 and 1604. According to the numbers provided by TxDot (.29 cents/ mile), which would mean an additional $58.00/week just to go to work. Her car gets 30 mpg. If you raised the gas tax $1.00 (TxDot’s est. with no basis provided) or just $0.50, (Senator Wentworth’s est. also with no basis provided) the additional cost to her would only be $6.67 or $3.33 respectively additional cost. At the toll road cost it is not worth the cost. Can San Antonio really afford to lose experienced registered nurses so that private companies can enjoy high profits at the expense of the tax payers?

TxDot has lost all credibility with the residents along the 281 corridor. For years now they have held public hearings on the road and presented detailed plans showing exactly how the road would look to include three main lanes a side and two lane feeder roads with overpasses where the 5 stop lights are presently. This is not a new idea from Commissioner Larson. It was briefed to the public numerous times by TxDot. TxDot engineers, Julie Brown and Clay Smith among others, from the TxDot planning division attended these meetings and help explain the project. There was no mention of a toll road. The monies were supposedly already available.

While we are at it, what happened to “Impact Fees”? Why aren’t the developers who are throwing all of this traffic onto this highway being made to help pay the costs of the roadway? I understand that even TxDot’s own studies show that they will be in violation of Federal law with respect to noise impact on the surrounding communities but that they do not intend to build sound barriers, such as you find all around Washington D.C., or even on I 10 near the I-12 fork in Baton Rouge. If a private company is going to build and pay for the toll road why not include the sound barriers?

I understand that no one is allowed to know the exact figures discussed with the private companies who are to enjoy this windfall profit. I guess that certain individuals just do not want the public to “follow the money”.

David R. McLaughlin

Open Records and web sites for government agencies need fixin'

Hadassah Schloss
Cost Rules Administrator
Co-Chair Open Records Steering Committee
Open Records Division
Office of Attorney General
P.O. Box 12548
Austin, TX 78711

February 6, 2006

Ms. Schloss:

Per a phone conversation regarding an Open Records request to the Department of Transportation last fall, you suggested I address a letter to the AG’s Open Records Steering Committee regarding Open Records suggestions to make to the Legislature. As an ordinary citizen leading a grassroots effort against tolling existing freeways, I have made many public information requests. While I understand these requests are time consuming and do cost various departments money to compile and copy public records, the public cannot have its right to free and open government hampered by personal economic constraints.

Pursuant to Texas Government Code 552.267, citizens can request to have charges waived when providing the information benefits the general public. TxDOT declined to waive the charges, and, as I understand it, the only entity I can appeal to is TxDOT! We would ask that you consider making recommendations to the Legislature to amend the Open Records law to allow for an unbiased third party to consider any appeals regarding the costs of providing information to the public.

As an example of the extent to which TxDOT went to try to impede our access to public records, they attempted to charge me the full copy cost of $467 in order to simply VIEW the documents. Certainly there can be a more economically equitable way to treat citizens who have every right to access and obtain PUBLIC information for the government they fund.

One more suggestion, the Open Meetings and Open Records laws desperately NEED to be extended to government web sites. The internet allows citizens greater and real time access to their government and I’ve found Regional Mobility Authorities, MPOs, and TxDOT particularly lagging in posting important information on their web sites, like posting meeting minutes within a week, posting ALL upcoming public meetings/hearings (for TxDOT projects) including toll projects, and listing CURRENT email contact information to key decision makers at these agencies. Government can become vastly more efficient and save scads of time, paper, and money by simply posting public information on their web sites. Unfortunately, TxDOT, the RMAs, and MPOs have been attempting to broker secret concession agreements without public input and without public accountability under the radar screen. The public outrage over their actions puts them at odds with lawful, open, and transparent government. This is unacceptable and needs to be rectified immediately.

Thank you for your consideration. Please keep me apprised as to your Committee’s suggestions for Open Records and Open Meetings reform at the contact information below.

Regards,

Terri Hall
Regional Director
San Antonio Toll Party
18160 US Hwy 281 N, Suite 108-251
San Antonio, Texas 78232
http://www.SATollParty.com
terri@satollparty.com
(210) 275-0640

City of San Antonio admits they've "tweaked" timing of the stop lights on 281 recently!

Happenings at the MPO Meeting Monday…

Commissioner Tommy Adkisson came to the rescue right out the gate at Monday’s meeting. He asked the Board to ponder the fact that its so heavily weighted toward appointed staffers versus elected officials (7 elected out of 19). Step by step, we’re going to change the composition of that Board! He also got Citizens to be Heard to be moved from the end of the meeting to the beginning as it used to be under Commissioner Lyle Larson. Thank you Commissioner Adkisson!

THEN…

Commissioner Lyle Larson to the rescue! Many of us have noticed a marked increase in the stop light times at Stone Oak, Evans, and Encino Rio lights on US 281 literally overnight (starting last week, notably after the lawsuit stopped the 281 project). TxDOT’s on the offensive and seemed to be causing even greater traffic jams at those lights with perhaps the eventual goal to get residents to scream FOR a toll road, anything to get out of their misery! Well, we’re on to them…the same commute at the same time of day was now taking 15-20 minutes longer EVERY DAY. A resident in Big Springs had already requested stats on the timing of the lights through a public information request to TxDOT and they said they don’t control the lights at Stone Oak, Evans, or Encino Rio. The City of San Antonio does.

At the MPO meeting, Larson demanded the City cough up the rationale for changing the timing and wanted an investigation done. They tried to put it off until next month’s MPO meeting, but then he said, “No, now!” and insisted on a report on his desk right away. They grabbed Christina De La Cruz in the Public Works Dept. out of the audience to explain this. She admitted they’ve been “tweaking” it recently! The response from Larson and all of us in the audience was clear, stop messing around with our lives and get this fixed. She later grabbed us in the hall and was on the phone to her staff and told us TxDOT turned in new traffic counts and they set the lights according to those counts. Yep, we knew TxDOT was in this mix! So, thanks to our hero Lyle Larson, we should be seeing some changes ASAP! Thank him here: Commissioner Larson’s email.

MPO failing to lead

Here are my remarks successfully delivered to the MPO Board Members at today’s meeting though Mayor Jack Leonhardt and Senator Leticia Van De Putte tried to stop me from proceeding:

I’m glad to see all of our elected officials here today. We’re also glad to see this toll mandate being dictated to Texans is finally making some front page news. What’s been revealed in these articles puts our concerns in black and white. The improvements to fix the congestion problems on US 281 are 100% paid for with tax dollars.

Careful scrutiny of the words in the article that appeared in the Express-News December 1 (Link to Dec. 1 story in the Express-News) reveals many of the dirty little secrets about these toll plans that few people understood until now (when details finally make front page news). TxDOT has been saying we have no money for roads…yet there it was IN PRINT, $77 million in gas tax money dropped out of the sky to build an excessively large toll corridor–16 LANES–, when all that’s needed is 4 overpasses at the lights and it’s all done in less time for almost half the money ($48 million).

Also in that Dec. 1 article we find out they’re ADDING TWO MORE TOLL LANES in addition to the 4-6 toll lanes they revealed in the public hearings. In total, TxDOT wants to pave 16 lanes in the widest parts of the plan! This information has been kept from the public. BY YOUR OWN POLICY #5, you must tell the public about those extra toll lanes because they substantially change the scope of the project approved by the MPO. What we’ve been told by TxDOT as recently as the September 8 public hearing is that there would be 4-6 toll lanes and 4-6 frontage lanes. That would equal 12 lanes in the widest parts. Now that number is 16 lanes! There are laws governing this entity and TxDOT and we expect you to follow them. This information must be revealed to the public in a specific format.

In fact, this MPO, the ARMA, and TxDOT are in a heap of legal troubles already, do you honestly think the public is not watching and that you can get away with this illegal activity?

To get back to the project for a moment…so you would have us believe you have the money to build US 281 as a toll road (that’s nearly twice the cost), but you don’t have the money to build it as a free road? Note how the article states foreign companies are vying for these “most lucrative toll lanes” in the plans! I’ll say lucrative, that’s because the private firms aren’t paying a DIME of the cost to build and then they get to charge us tolls for the next 50 years!

OK, let’s make this real simple. Toll roads cost more to build & maintain, only about half of all motorists can afford to drive on them while 100% of taxpayers are footing the bill to build it, we’re being charged THREE times to drive on the same stretch of pavement (taxed to build existing freeway, taxed to pay for the improvements, then lifetime toll tax to drive on it), you want to charge us THREE taxes to drive on our highways elsewhere throughout town (gas tax, ATD sales tax, and tolls), the toll money is going to a foreign corporation for the next 50 years, and our elected officials are DICTATING this to us without a vote of the PEOPLE!

TxDOT’s figures and, more importantly, their rationale for this toll first mandate MUST BE CHALLENGED by this body who is charged with protecting our local interest. What’s the rationale behind these projects and why aren’t the costs of these GIGANTIC tollways being challenged? We found, in one of TxDOT’s own toll feasibility studies, the cost of toll gantry equipment at $1 million per MILE! We found projects where the cost of toll equipment equaled the cost to build the road. One of their studies showed 1604 improvements could be paid for 100% with bonds, and yet you’re tolling it.

We’re currently taxed approximately 3 1/2 cents a mile (on average according to graphic that accompanied Dec. 1 story) under the gas tax system. The national average for a traditional turnpike is 9 cents a mile, what on earth do they need with 14-39 cents a mile (I have the feasibility studies that show rates of $1 to use the new toll-only interchanges)? With 5 cost estimate changes on the toll starter system since June and the bait and switch change in toll rates found in the Austin plans, the public doesn’t trust the toll rates they’re quoting for 281 and the toll starter system.

I believe the burden is on YOU, our tolling authority, and elected officials to be above reproach at every turn, for your motives to be about the public good and not lining the pockets of private interests at the public’s expense, and for TxDOT’s figures and misstatements to be vigorously challenged.

What they’re doing on 281 defies common sense, good government, transparent government, and good fiscal policy. You bet this meets with tremendous public opposition. THEIR rationale MUST be challenged! We’ve put forth a good faith effort to bring alternatives to the table with our limited resources.

Let’s look at some of the alternatives to tolls put forth by SAMCo, for instance. EVERY alternative to tolls is LESS money! The hike in vehicle registration they mention is $100 a year compared to an average of $3,000 a year in tolls (this figure comes from TxDOT’s own online survey that quoted 29 cents a mile for a 20 mile commute on 1604 which equals over $3,000 a year just to drive to and from work). The claims that they’d have to raise the gas tax $1 is completely UNSUBSTANTIATED and would amount to quadrupling their current state gas tax revenue intake. The 25 cent per gallon increase is also less than tolls. Considering the average San Antonian uses roughly 1500 gallons of gas a year, they currently pay $300 a year in gas tax. Even a 25 cent hike would be less than tolls at $375 a year more, which is more than double what we give the state now. The size of this tax increase is also totally unsubstantiated in my mind–DOUBLE!–what do they need double the money for? Even an increase in property tax that they mention would be less than the $3,000 a year in tolls for most taxpayers.

If they get rid of just these toll equipment not to mention the toll lanes (that only half of all motorists can use) and just build what’s needed, the road is 40-100% less money to build and EVERYONE can drive on it. So the simple solution sure seems to be to CAN the toll lanes and vastly reduce this fictional $8.4 billion funding gap which is also unsubstantiated. SA gets $100 million a year in discretionary funds currently, they’re saying we need FOUR times the money we currently get (their $8.4 billion figure works out to $420 million a year over 20 years). The entire state of Texas gets $6.1 billion a year and they say SA needs $8.4 billion over the next 20 years? SA is number 5 in number of lane-miles per person in the U.S…how much money and how many roads do they think we need?

TxDOT known for waste, mismanagement
There are also questions about the legitimacy of TxDOT’s expenditures. Twenty states have lower gas tax than we do. Texas is second only to California in terms of disbursements. Caltrans spent $9.3 billion while TxDOT spent $6.8 billion. CA has a greater population than Texas, so it works out to be that Caltrans spent $259 per person to TxDOT’s $306 per person. Caltrans spent 24% of it budget on local roads and TxDOT only spent 6.5% on local roads. TxDOT spends $88 more a person than Caltrans spent on its road system, and remember CA is more populous!

According to the father of toll roads who publishes the Toll Road News wrote this just before Prop 9 went down in flames…“In Texas the tollers are behaving arrogantly and with extraordinary political ineptitude. They are over-reaching. Why six year terms for toll authorities? Four year terms would provide some insulation from sudden political change while constituting a more normal term of public office. There’s something sleazy too in that term ‘regional mobility authority’? It’s a toll authority. Why run away from that? Only people without the courage of their convictions or who are too tongue tied to explain themselves resort to silly euphemisms. Does it fool anyone anyway? Political support in TX has also been sapped by a bewilderingly unprincipled and unexplained intermixing of funding of projects by TxDOT. Wherever they go there’s a furor because no one can figure out who’s paying for what. They talk privatization but so far it is all politics as usual…TxDOT’s promiscuous approach to raising funds and their promotion of projects without even a semblance of study has been the anti-toll groups’ major recruiter.”

They’re asking us to pay $27.6 million PER MILE for a 3 mile stretch of improvements! I’m hard-pressed to find ANY highway project that expensive throughout the country and yet none of you are challenging these costs!

Look-up a report done by the Texas Public Policy Foundation in 1997 called, Sundown on Big Government. It was the last external audit of TxDOT. It shows that TxDOT is fraught with millions of dollars in waste and mismanagement, including stockpiling asphalt, gas, and other supplies. Some reforms have been made, but until TxDOT has an independent audit and these bureaucracies get their own houses in order in a way the public can trust, we should not be asked to pay a lifetimes of tolls for roads we’ve already paid for WITHOUT A PUBLIC VOTE!