Texas Department of Transportation Commission Meeting

University of Houston
Hilton Conference Center
4800 Calhoun Road
Houston, Texas

9:00 a.m. Thursday, April 27, 2000 Regular Meeting

COMMISSION MEMBERS:

JOHN W. JOHNSON, Chair
ROBERT L. NICHOLS
DAVID M. LANEY

DEPARTMENT STAFF:

CHARLES W. HEALD, Executive Director
HELEN HAVELKA, Executive Assistant, Engineering Operations

PROCEEDINGS

MR. LANEY: Good morning. It is 9:15 and I'd like to call the meeting of the Texas Transportation Commission to order. For the record, public notice of this meeting, containing all items of the agenda, was filed with the office of the secretary of state at 10:06 a.m. on April 19, 2000. I want to welcome all of you to this morning's meeting here in Houston. It's a pleasure to have all of you here today.

This morning is, I think, a momentous occasion for Houston and for me and for Johnny Johnson, and I think for the commission and TxDOT as well. The last five years as chairman have been very enjoyable for me and I think we've experienced quite a bit at TxDOT over the last five years: personnel changes; organizational changes; Sunset Commission activities; ISTEA to TEA-21; NAFTA; a toll division; State Infrastructure Bank; privatizations in the areas of design engineering, maintenance and toll roads that we didn't anticipate; and the list goes on and on, and it's been quite a ride.

The years to come, I think, will be every bit as challenging and as interesting, and during the remainder of your term, Johnny -- likely the remainder being as chairman the entire time -- you will see two legislative sessions and likely a fuel tax increase which you will be the captain of as it moves through -- I hope that happens, anyway; significant personnel changes likely over the next number of years; a full opening of the Texas-Mexican border to Mexican truck traffic which will be an interesting challenge and all that ensues in connection with that; a re-authorization of the federal surface transportation legislation and the funding challenges, and as a principal player in the United States, Texas being a principal player in the United States on that issue, you will be looked to as the captain of that ship in many regards as well, so that's a very significant issue; redistricting and all that follows from that in terms of some of the anxieties in the rural areas and their representation in connection with transportation matters and transportation funding; and the list goes on and on, not to mention the fact that you're likely to see our governor become president and all that means for transportation in Texas.

I've thought long and hard about whether I should share with you the secrets of success, handed down from Lanier to Stoker to Bernsen to me, and after counseling with those, we were real concerned whether you were politically mature enough to handle this now, but we concluded that you were.

(General laughter.)

MR. LANEY: So I wanted to share with you your principal two constituencies are: your organization TxDOT, and the legislature. There are two principal tools that you use: one for the legislature, and one for TxDOT. The one for TxDOT we have called the motivator. It is a different kind of gavel, but it's one that is covered in a relatively pliable rubber and leaves no marks when used.

(General laughter.)

MR. LANEY: No evidence for litigation or otherwise, and it works very well.

In terms of dealing with the legislature, it's a much more difficult challenge, and it is really a dress-for-success approach. As you know, you'll be heading into the next legislative session in January and a number of committee meetings before and during and after, and you will have an opportunity to speak. You will also have an incessant opportunity to listen, and it is a wearing exercise.

The most effective you can be is if you speak and then you go into your dress-for-success mode, and I have used it and it has worked miraculously for me. Once you speak, if you put these on, you don't have to listen. And in connection with border matters, all you need to do is when you're on the border in these interim session meetings, just tell everyone that these are automatic translators. Works like a charm.

(General laughter.)

MR. LANEY: One reminder, it was very interesting to see in the paper this morning -- and I know we have the author of this here so I'm sure it's an accurate quote, just as my name was accurate -- that he, Johnny Johnson, predicts that Houston will benefit from his new chairmanship role "immeasurably." You have forgotten the fact that there is a Lanier legacy regulation in place that on all matters in any way, directly or indirectly affecting the greater Houston area, you have to recuse yourself from any involvement. That's a shame, but we all enjoy it.

(General laughter.)

MR. LANEY: One last item, and this is of purely personal intent here, and that is I have for you a customized version of the city of Dallas map. On it is marked my home and all the projects within about a 15-mile radius of my home, with the dollar amounts and everything else. If you'll take care of this, I'd appreciate it.

(General laughter and applause.)

MR. LANEY: In all seriousness -- we have a great time, the group together at TxDOT, but in all seriousness, I look very much forward to working with you, to supporting you as effectively as you and as Robert have supported me over the last number of years, and with the reminder, Johnny, that by what you do and how you do it, you create your own luck. I wish you the very best of luck, Mr. Chairman.

MR. JOHNSON: Thank you.

(Applause, and pause for photos.)

MR. JOHNSON: We are pleased to be in Houston. It's the commission's practice to hold some of our monthly meetings outside of Austin at different locations around the state. That's a real benefit to us and we hope to you. It acquaints us with the interests, priorities and people of the various parts of this great state.

But this isn't a one-sided venture. We're bringing state government, at least the transportation part of state government, to you. I'm sure by the time our visit is over, we'll be better informed about the needs and challenges of the Houston area and you will get a sense of how we conduct our business.

The last day and a half, several things have occurred and the Texas Good Roads people and the Greater Houston Partnership and all the many people of the Houston District have gone to great measure to make sure that this has been a very smooth transition and meeting, and I want to thank them for their good works.

Before we get started, I would like to ask the other commissioners if they have any comments that they would like to make. Robert?

MR. NICHOLS: First of all, congratulations to you. It's a great thing for Texas and Houston. I'm looking forward to your leadership over the next several years and working with you on it.

And, David, I know you're not gone; we've still got you for a good while, and I appreciate that, and have certainly enjoyed the direction and leadership you've had.

I appreciate the hospitality of Houston; it's good to be back; I recognize a lot of faces in the crowd. I know there's a long list of people to talk, so thank you, and that's the end of my comments.

MR. JOHNSON: Thank you, Robert.

David, do you have anything else?

MR. LANEY: You sure you want to invite me to make some comments?

(General laughter.)

MR. LANEY: No thanks. Appreciate it.

MR. JOHNSON: Thank you.

Let me also introduce some of the members of our administration who are with us today. Wes Heald is TxDOT's executive director. Also with us are Kirby Pickett, our deputy executive director; and Mike Behrens, the assistant executive director for engineering operations. Cathy Williams, our assistant executive director for support operations stayed in Austin to hold down the fort.

Before we get on with today's business, I want to take a few moments to share some personal thoughts with you, specifically about our former chairman David Laney and my personal expectations for this commission and this department.

For the past five years, David Laney has been a leader and champion for better transportation in this state. Because of his direction and under his guidance, we can celebrate many accomplishments. The funding strides made in TEA-21 added more money to the coffers of Texas transportation, some $700 million more than the previous highway bill.

We've taken an unprecedented step towards finding innovative ways to our funding problem with the use of the State Infrastructure Bank. Since it was created in 1997, some $47 million in loans have been awarded to cities and counties.

Last October, this commission, under David's leadership, rolled out a plan to address the critical needs of our border districts. David helped us shape a commitment to the border, a $2.8 billion commitment that no other commission had attempted. There were and are some skeptics, but we are confident that this will have a huge impact on our border infrastructure. David Laney, I'm proud of that commitment that you helped make this commission bring to pass.

Lastly, and equally important, is the tone and tenor of this department is at an incredible high. Now, I've not been around for most of David's term, and maybe if I had, I'd have given more thought before I said yes, but David has left a tremendous legacy for this commission and this department to build on, and I want to personally thank David for his hard work and his ability to weather the storms that have come his way.

David is only stepping down as chair but will, thankfully, remain on this commission at least into next year, and we will continue to rely on his assistance as we make this transition. David, I know I can count on you, for after awarding me the map of Dallas, I do know where you live.

(General laughter.)

MR. JOHNSON: The people of this state owe David Laney a deep debt of gratitude.

Robert, I also want to thank you for your invaluable assistance during my first year, and I look forward to continued working with you. Your commitment to this commission and this agency is extraordinary. I only have one wish and that is that we could bottle your boundless energy and with that mix the right marketing decisions, and with that we could probably lick our funding problems immediately.

It should be no secret to anyone here or anyone in Texas that despite all the strides we've made in the transportation arena over the past few years, we still have a number of challenges. Air quality, alleviating congestion in our urban areas, receiving adequate federal and state funding to meet transportation needs, retaining personnel to handle those needs, continuing to address transportation issues in our rural counties and border areas remain hurdles we must cross. As we head into the next legislative session, we'll explore many ways to address those challenges. But what I think is paramount is that we remember that these are statewide issues; we cannot afford the luxury of turf battles.

As a native Texan, the entrepreneurial spirit of this state has always impressed me. As a Texas businessman, I know that when presented with a problem, Texans will find a way to solve it. We may not always agree on the route we take but we must agree on the destination or we will not get there. I'm looking forward to the journey and I'm looking forward to working together to meet these challenges.

And now, for the first order of business, there will be no more references to Johnson grass. It will, from this point forward, be referred to as Laney grass.

(General laughter.)

MR. JOHNSON: You know, that's probably almost as good as having a ferry boat named for you.

Now I believe we have a delegation from the Houston area, led by Mayor Brown and Judge Eckels, and I don't know which one of you gentlemen is going to lead, but Mayor Brown, thank you for being here.

MAYOR BROWN: Mr. Chairman, members of the transportation commission, good morning, and I want to welcome you to Houston. We are delighted that you're here and we trust that you're having a very pleasant and also a very productive visit.

Let me express, also, our thanks to Chairman Laney for his dedication and leadership to this commission; we appreciate what you've done, and congratulate Chairman Johnson for not only what you've done but what we know you'll do into the future. We thank you very much for your leadership as well.

I'm also pleased to have one of our council members, council member Carroll Robinson, who is here. He has taken on a very important task for us, that is to chair our transportation committee, a committee of the city council.

As mayor of the city of Houston, I've really looked forward to visiting with you to discuss some very important developments that are occurring here in our area. We have many recent activities which I would like to review with you this morning, including our recently completed planning process. But first I would like to personally thank Chairman Johnson for his attendance as a guest at several of our planning meetings here in Houston.

And I'd also like to recognize your district engineer, Gary Trietsch, who participated in the technical work on the plan and has worked closely with us on other projects, such as the US 59 bridge and freeway closings. He has always been cooperative, responsive to our requests, and we sincerely appreciate that.

Just last week the Houston 2000 Strategic Transportation Steering Committee adopted the Houston 2000 Strategic Transportation Plan, a strategic framework to ensure our city's mobility well into the 21st Century. This plan examined existing growth trends, roles and responsibilities and established eight strategies to optimize the use and availability of transportation resources.

The steering committee, which I chair, is composed of County Judge Robert Eckels, METRO Board Chairman Robert Miller, and Mr. Richard Everett, board member of the Greater Houston Partnership. As I said, Chairman Johnson attended some of our meetings as a special guest.

This work was accomplished with the technical representatives from the city, TxDOT, the county, METRO, Houston-Galveston Area Council, and the Greater Houston Partnership, plus other transportation providers of our area.

Over the next 25 years, our region is expected to grow by over 50 percent, thus going from 4.3 to 6.5 million in population. To address this situation, we have developed eight strategies which we hope will guide transportation investments for this period. However, the most significant challenge facing the Houston region that could have an adverse impact on transportation is compliance with the Federal Clean Air Act.

Cars and trucks, our on-road mobile sources, are responsible for roughly 30 percent of the current NOX pollution. According to a study I commissioned in 1999, reducing these emissions can improve public health in this area, currently an estimated $3 billion a year cost to the region. Attainment and conformance will require political will we've not seen in Texas yet. I look forward to working with you to ensure our region complies.

The Houston 2000 Strategic Transportation Plan includes eight specific strategies which should be pursued over the next five to ten years in an effort to optimize both the use and availability of resources for transportation investment.

They include:

First of all, creation of a regional coalition to focus on state and federal issues and transportation management;

Second, better coordination of transportation providers, recognizing that the transportation system is interdependent, and if any one provider fails, the entire system is affected;

Third, progressive use and development of our key transportation corridors which should be primarily demand-driven, like our Katy Freeway, but also have redevelopment dimensions like our Main Street;

Fourth, smart growth which involves linking transportation investments to land use characteristics in both the urban and suburban environment;

Fifth, intermodal connectivity improvements providing more focus on connectivity on roadway, airport, seaport, and rail systems, as well as the balance which should be struck between these transportation modes from both people and goods;

Sixth, bikeway and pedestrian systems offering alternative transportation modes to increase mobility of and access to the overall transportation network and reduce the use of vehicles;

Seventh, environmental improvements to address air and water quality and open space. We must attain the air quality standards and conformance with the emissions budget.

And eighth, citizen involvement and public education to be accomplished by transportation information and education organization which will conduct an annual campaign to inform the public of significant issues, promote solutions, and work with the regional coalition.

This plan fulfills my commitment to address Houston's long-term transportation needs.

Recently, street construction has reached an all-time high, involving coordination of projects being managed and planned by various providers. This came about because of concerns expressed about the amount as well as the time of the street construction projects in our downtown area.

In June of 1998 METRO embarked upon a $250 million program to reconstruct 13 transit streets in the downtown and midtown areas with high levels of bus operations. In September of 1998, the city engaged the Downtown Management District to implement Cotswold 2000, and that is a $58 million street scape improvement project in downtown's north end. It's designed to provide Houston an entertainment district with a unique ambiance to rival the French Quarter in New Orleans and the Riverwalk in San Antonio.

About the same time a proliferation of companies involved in the telecommunications industry, as well as public utilities, increased development of infrastructure improvements beneath downtown streets. This activity has been partly driven by a deregulation of the telecommunications industry during the recent legislative session, as well as by increased downtown residential, office, and commercial development.

TxDOT is on the verge of reconstructing I-45 over Buffalo Bayou just north of downtown, while the replacement of the 59 and I-10 interchange to the east of downtown continues.

As a result of the convergence of all these activities, growing and, I might add, justified concerns have reached a concendrum [phonetic], and management improvements must be addressed. At the same time, it must also be recognized that as downtown Houston transforms itself for the 21st Century, there will be growing pains, there will be complaints; however, we can, we are, and we will improve the management of downtown street construction and lessen the pain of growth and renewal.

The eight improvement opportunities include: contractor bonuses and penalties; intergovernmental coordination; contract sizing; project phasing; site conditions; utility coordination; and policing the traffic with better public information.

Gary Trietsch has also been very helpful in this progress, and we look forward to working with him on your plans for further improvements of our freeways.

I would like to address the subject of funding. As you know, TxDOT's Houston District contains eight counties that represents 21 percent of the population of Texas. The district portion of the Unified Transportation Plan is 16 percent. TxDOT awards for '98-99 equal $3 billion. The Houston District was awarded $533 million or 17.7 percent of available funding. Over the past five years, 60 percent of transportation funding in the eight-county Houston area has come from local sources, not federal or state.

I want you to know I'm committed to work with you to improve the funding levels for the Houston region and addressing the critical transportation issues which impact our competitiveness.

Mr. Chairman and commissioners, I sincerely thank you for allowing me to address you this morning and share our recent successes as well as our challenges. I look forward to continuing to work with you in the future, and I close by again thanking you for your leadership and your service to our state. We appreciate it.

MR. JOHNSON: Thank you, Mayor Brown.

(Applause.)

MR. JOHNSON: Judge Eckels, it's nice to have you here.

JUDGE ECKELS: Chairman, I'm pleased to be here today, and I also want to thank Chairman Laney for his service to the commission. We have his helicopter ready for you, Johnny, if you need a tour of the Houston area; you know it a little better.

(General laughter.)

JUDGE ECKELS: I have enjoyed, since our first opportunity to visit with you, Chairman Laney, and I enjoyed working with you and look forward to continuing to work with you in this and many other endeavors in the future.

Johnny, you have been a good friend here for many years to the Houston area and we're excited to have you as chair of the commission. Although we do understand the statewide implications of your job and the needs across the state, we hope you will remember us here in Houston as we go through that.

We do not want to be, again, competing necessarily with other parts of the state, we want to be working together in a partnership with other parts of the state, as we have done with Commissioner Nichols and throughout the legislative session last year, working on issues that we think are important not just for this region for the entire transportation infrastructure across Texas.

To that end, we are re-emphasizing today our support for your efforts to reallocate the TxDOT funds that have been moved to other agencies, particularly the Texas Department of Public Safety, back into the transportation funding. Transportation funding is a critical need for this state and we believe that the transportation dollars, the fuel taxes that are going to those transportation dollars should be spent on transportation by TxDOT to the greatest degree possible, and would encourage our delegation to work with other legislators across the state in that effort.

We also would like to continue our partnership with the Texas Department of Transportation on the projects such as the Katy Freeway area where we have committed $300 million from funds available within the region and need additional support from TxDOT to make sure that that project is completed in a timely manner and in a manner that will avoid gaps in the construction process.

Currently, we have committed $20 million in strategic priority funding for the 610 interchange. We've asked for a commitment of $40 million for the next section, Mason Road to the Fort Bend County line section of Interstate 10 and are hoping the commission will help us with that, approve funding for that to prohibit a five-year gap in the construction out there on that project. It's critical and we request that there be no lapse in construction on the I-10 project and we want it to continue in that logical steps as we proceed.

One of the other things that we're really working hard on here, and is important to me as the director of emergency management for Harris County, is hurricane evacuation routes. In our metropolitan planning council, the Transportation Policy Council's long-term plan, the 2025 Plan, we have Red Bluff Road from State Highway 146 up to Fairmont Parkway and then to the toll road system. The project would provide some relief to Interstate 45, but more importantly is a critical project towards evacuation in the event of hurricane or emergency. We hope that those projects don't slip; we're working closely with Gary Trietsch.

I would also like to compliment your district engineer. I'm afraid to compliment him too much because I don't want him to get promoted; we like him right here.

(General laughter.)

JUDGE ECKELS: Representative Noriega was suggesting maybe he get a pay raise. I said, No, the only way to get pay raises is to move up the food chain in this organization, and we don't want that to happen. But I know we have been in active discussions with him on the hurricane evacuation routes and the 146 improvements too in that same area.

In short, we want to continue our partnership. We are anxious to work together with each of you on adequate funding, both in Washington and in Austin, for transportation projects, and continue our good working relationship between the city and the mayor, the county, METRO, and TxDOT, and the other jurisdictions -- I know we have Mayor Speck and some of the other mayors here from other cities -- to provide a seamless transportation plan for the community and best use of the taxpayers' dollars to move people around this region.

Thank you all very much for having me out.

MR. JOHNSON: Thank you, Judge.

(Applause.)

JUDGE ECKELS: Any questions?

MR. JOHNSON: Any questions, David, Robert?

MR. NICHOLS: No.

MR. JOHNSON: Both Mayor Brown and Judge Eckels have referred to Gary Trietsch, who is the TxDOT district engineer for the Houston District, and Gary is indeed a treasure. He's been wonderful for me personally to work with. He was a gracious host last night and we learned that Jay Leno's job is safe because I don't think Gary is headed to Tinseltown to host the Tonight Show.

(General laughter.)

MR. JOHNSON: But that's a plus-plus for the Houston area.

Gary, I believe you have a presentation. Excuse me. Representative Rick Noriega.

MR. NORIEGA: Thank you.

MR. JOHNSON: I wasn't cued into the batting order here. I've got a few things to learn.

MR. NORIEGA: That's okay. I'm looking about to see if any of my colleagues are here as well, but on behalf of the Harris County delegation, let me welcome the commission to Houston and Harris County, and especially on behalf of my colleagues, Peggy Hamric and Al Edwards, all of us who sit on the Transportation Committee in the House of Representatives, and welcome the commission to Houston.

I understand, reading the same article, Commissioner Laney, this morning, that it's been some nine years, I believe, since the last transportation meeting was actually held in Houston. One of the things that I'm learning quickly in this business is that you take credit for everything and blame for nothing, and so in my first term I would like to attribute that to myself but I can't, for your meeting here in Houston after nine years. I would like to think it's due to the vision of this commission and, of course, its new commissioner, who I'm really proud to see you, Johnny, in this capacity. For all of us Houstonians, it's really great to have a neighbor with the gavel.

Let me just give you another little piece of a political suggestion. David had mentioned several and one of the things that he may not have mentioned was the whole notion of political prognostication about national politics and other politics. You may ask some of your fellow commissioners about the state most recently making some sweeping remarks and that occasionally gets you front headline news, and I know that David would attest to that as well.

And as well, Commissioner Laney, you talked about the work that you'd done on the border. I know that my colleagues on the border are very appreciative for your work in that area that was long needed. They may, perhaps, say that the translation of those earphones were for reasoning, and we know based on NAFTA, et cetera, that that was long needed.

Commissioner Nichols yesterday gave a fine presentation to our committee in Austin. I will stand here today in my commitment on the issue of your involvement in toll roads this next legislative session and the policy authority needed for your participation in the toll roads. We, in Harris County, it's very much needed to have your participation.

And as well, I also find it somewhat amusing that this whole notion of a sales tax increase that my friends on the other side of the aisle are talking about a tax increase. I won't stand here and say read my lips or anything, but I do find that interesting. That will be certainly a challenge in the next several years.

We had talked a lot about what's been done on the border. Again, Commissioner Nichols gave a great presentation on what we're going to need to do, as well as the upgrade with the farm-to-market system in the state of Texas, but let me also add -- and Commissioner Laney, you and I have had this discussion -- that we mustn't lose sight of, just to echo some of the things that the mayor and county judge had mentioned, is that 60 percent to 70 percent of the state's wealth exists and is produced in areas such as Houston, the Metroplex, and the Austin-San Antonio corridor.

And we mustn't lose sight of that, because even though we do serve the entire state, we realize that the whole economic engine of the entire state does, in large part, rest in these regions, and we can produce a massive highway out to Big Sandy, Texas or wherever we choose to; however, a corporation is not necessarily going to locate there. They're going to locate in those areas that have the infrastructure, the education system, the port system, the airport system, on and on, that can support the industry and has the workforce to support business.

So again, I think that though we can't lose sight of the entire state, we mustn't lose sight regionally as it applies to the future growth and economic growth of the state of Texas, of those areas where the vast majority of the economic engine of the state of Texas is produced and where the wealth lies.

So again, I look forward to working with the commission in the, hopefully, next legislative session and coming sessions, and again, thank you for bringing the meeting to Houston, Texas.

MR. JOHNSON: Thank you, Representative Noriega.

(Applause.)

MR. TRIETSCH: Good morning, commissioners and Wes. I appreciate this opportunity and thought long and hard about how to present the Houston District.

As I hope you saw last night, yes, I'm not going to take Jay Leno's or anybody else's spot, but the thing that I do have going for me is probably the best employees and best staff anywhere around. I am truly amazed and admire what the folks that I work with are able to accomplish, and they're the ones when you hear anything good said about us, me personally or the district, it is because of these people. And I think, hopefully, last night you got a little indication of the dedication and admiration they have for the business they're in.

And you know, we're in the transportation business -- I know Mr. Grayson is out there; he still works for the Texas Highway Department that -- that's where I started but we are in the transportation business and we realize that and I think the Houston District is often thought of as just one big large urban area with a lot of traffic, but we really are a lot more and I hope I'm able to show you that with a few pictures right now.

We don't think of Houston as an old city, but it was established the same year that Texas won its independence from Mexico, 1836, but today Houston is the nation's fourth largest city and an international commerce center. Houston is home to Compaq Computers, the world's largest computer manufacturer. It is also the nation's space city, home of the Johnson Space Center and a growing technological center. It is a city filled with new projects like Enron Field.

Houstonians love their cars, they even make them into art, but more importantly, they drive to where they go on freeways built by the Texas Department of Transportation. Even in a decade of quiet growth, the district population grew by 20 percent since 1990, and currently the Houston District is undergoing rapid growth and highway construction is a part of that growth.

Since 1990, there are 744,000 new persons in the six-county Houston District. That is like adding a city the size of Austin every ten years, and that's when things weren't booming.

The district has unusual challenges, like floating out a 50-year-old tunnel. The Houston District stretches from Montgomery County, Lake Conroe to the beaches of Galveston County. It is important to remember that Houston was established as a port when cotton was king, and water-borne commerce has been an important element of the commercial livelihood for the Houston District.

Galveston Bay is home to three gulf ports; altogether, this district has four gulf ports. The Port of Houston is one of the nation's leading export ports and imports products from all over the world. Texas City is an important petrochemical center with plans for a new megaport. The waterways at the entrance to Galveston Bay are crowded, as we can assure you. The Galveston wharves are among the oldest commercial enterprises in the state and are currently being renovated for new traffic. The harbor at Freeport is at the old mouth of the Brazos River. It is actively seeking expansion as well.

For many of the major urban centers of Houston to the new planned communities of southern Montgomery County, like Kingwood or the Woodlands, and in Fort Bend County there is Cinco Ranch, Sienna Plantation, and in the Clear Lake area there's Clear Lake City, to the rural communities of Old Sweeney and historical Brazoria in Brazoria County or Dobbin in Montgomery County, Houston is an industrial giant with nearby Galveston that attracts visitors with their unique appeal to tourists, the Space Center in Houston, Houston Rodeo and recreational boating is big in Clear Lake, the nation's second largest concentration of recreational boating, and a future cruise center for Norwegian and Carnival lines.

But there is a responsibility also to protect the environment. Close to Houston there remains pockets of wilderness, lakes and abundant wetlands with endangered species. Some of the challenges before the district include the trucks and truck safety. We are working with the trucking industry and the city for increased safety programs that will provide a more secure driving environment.

Emergency contracts are necessary in Houston to respond to crashes that must be repaired immediately. While no one was injured in this particular crash, others have not been as fortunate. Currently we are expanding US 59 through Houston's historic museum district where we are constructing the Gateway to Houston. This is one of four arched bridges that will be painted white and lit with colored fiber-optic lights.

In the future, the $1 billion reconstruction of I-10 and the reconstruction of the West Loop 610 will be significant projects, and the Galveston Causeway will have to be rebuilt, and here are a few slides just to show you I'm really serious about saying it must be rebuilt, and we are working feverishly on getting this project underway in the next couple of years.

Ships, trucks and railroads converge in Houston and intermodal development will require more services. Containers arrive and depart the gulf ports. Special use and HOV lanes will remain a large part of the future development of highways in Houston, as well as cooperation with METRO.

METRO is one of our four partners in TRANSTAR, the traffic management center. Flow meters are one project monitored by TRANSTAR.

In another area, the Green Ribbon project is already a success with the establishment of design guidelines for our area. There are new plantings throughout the district, and Westheimer isn't always known for its trees, but it is now.

(General laughter.)

MR. TRIETSCH: And while we're talking about the Green Ribbon committee, I wasn't able to attend last night, but The Park People put on a little gathering and presented us, TxDOT -- actually, this is pretty special to me; I'm not sure what it means but I like the title: "Visionary Award presented to TxDOT in recognition of sustained and successful efforts to bring to reality a vision of roadway enhancements and beautifications."

And as I've told people many times, we can't do this overnight and we definitely need partners, and it's probably a 50-year effort, and all I'm going to be able to do is start it but I, hopefully, with my staff, set the things in motion, the agreements, the partnerships, the projects that come about. Our bridge structures will look better; we will make room for plantings, and we will incorporate that in the initial design instead of thinking about it afterwards.

(Applause by one person.)

MR. TRIETSCH: That's my mother.

(General laughter.)

MR. TRIETSCH: Not really.

We have new signs for communities for beautification and retention ponds that are part of our landscape and our right of way now.

Houston really is an exciting and vibrant community, but we don't forget that there are other communities in the district. Even the smallest communities contribute to the vitality of the district. Cooperation is necessary from the courthouse to the cities; cooperation will make possible the future construction that is necessary to keep Texans out of the mud. And although that may be a little dramatic, the problem now in an urban environment is nobody remembers these slides, they remember the congestion.

And as Councilman Carroll Robinson said yesterday, we need to find ways to do a better job, a quicker way of getting construction done. I agree with that. I think we've made the first steps to that. Practically every large project that impacts traffic has incentive/disincentive.

My final comment is, you know, we've got many partners, but the people that work with us to do the plans, consulting engineers, the environmentalists that help us with our environmental impact statements, all those things to get to construction, but likewise our contractors. We have some of the best in the world in this area, and you know, I find it rather interesting that when we did incentive/disincentive, I'm not 100 percent sure but I'm 99 percent sure, I think every project we've had to pay out on the incentive part. So they've really gone the extra effort to speed up the projects.

And I am just a small part of this, but we are committed to this, working with all of our partners and the ports, METRO, the county, the city, and as the mayor mentioned, he's looking for partnerships, and as I think you saw from his talk, we and the county will continue to work together. Thank you.

(Applause.)

MR. JOHNSON: Thank you, Gary. Excellent presentation.

David or Robert, do you have any questions? of Gary?

MR. NICHOLS: No.

MR. LANEY: No.

MR. JOHNSON: Before we proceed with the regular part of our agenda, I wanted to mention something. In the last week TxDOT lost an employee -- the first one this year and hopefully the last one for a long time to come -- in an accident that occurred on a job site. It makes me pause and reflect on the job that so many of our men and women do and that all too often we take that work for granted, and it takes a jolt out of the blue every now and then to open your eyes and make you really appreciate the fine work that the men and women of this department do. I just hope everybody is sensitive to that.

I mentioned last night at our dinner that all too often we forget to say the obvious which is thank you for a job well done, and so on behalf of the community and the state, I want to thank not only the Houston District but everybody connected with TxDOT and thank them for the job that they do.

I would like to remind anyone that if you want to speak before the commission that you need to register and fill out a card at the registration table. If you'd like to comment on an agenda item, please fill out a yellow card, and if it is not an agenda item, we'll take your comments during the open comment period at the end of the meeting, and for that purpose we would ask that you fill out a blue card.

And I would like to remind people during the open comment period that we're mindful of people's time and we'd like for you to limit your comments to no more than three minutes.

The first item on the agenda is the approval of the minutes of our commission meeting and the briefing prior to the commission meeting held on March 30 of the year 2000. Are there any additions, deletions or corrections? Is there a motion?

MR. LANEY: So move.

MR. NICHOLS: Second.

MR. JOHNSON: A motion and a second. All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

Wes, I will now turn the rest of the meeting over to you for the normal agenda items.

MR. HEALD: Thank you. Let me start off by saying, Chairman Johnson, on behalf of the TxDOT employees, we look forward to working with you.

And David, I have to tell you we are so grateful for what you've done for the department; we are grateful and always will be, and I'm sure you know what I'm talking about, but there was a time when you were sort of the light at the end of the tunnel. Thank you very much.

MR. LANEY: Thanks, Wes.

(Applause.)

MR. HEALD: Okay. Moving on into our business items, we'll start off with agenda item number 2, and I believe Jim Randall, deputy director of the Transportation Planning and Programming Division will handle that.

MR. RANDALL: Good morning, commissioners. Good morning, Mr. Wes -- I mean, Mr. Heald.

Mr. Johnson, may I see which gavel you have in your hand? Now I know why Al couldn't make it.

(General laughter.)

MR. RANDALL: This minute order provides for the appointment of one member to the Port Authority Advisory Committee. This committee was created in 1997 when Senate Bill 370 was passed by the legislature.

The purpose of the committee is to advise the commission and the department on matters relating to port authorities. The five-member committee must represent the following geographic locations: one member for the Port of Houston Authority or Harris County; two members from ports north of the Matagorda-Calhoun county line; and two members from ports south of this county line.

The present committee was appointed by the commission to staggered terms with future appointees serving three-year terms. The term for one of the committee members representing the upper coast has expired, making it necessary for the commission to appoint a member to represent this location.

The term for this position will expire on December 31, 2002. Captain John G. Gunning is recommended as the appointee to this advisory committee, and your approval of this minute order is requested.

MR. JOHNSON: Is there any discussion? Is there a motion to the effect?

MR. LANEY: So move.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. RANDALL: Thank you, sir. I think Captain Gunning is in the audience.

MR. JOHNSON: Marvelous.

MR. LANEY: Terrific.

MR. JOHNSON: Captain Gunning, would you like to say something before this august group?

CAPT. GUNNING: Thank you very much. I certainly would like to express my appreciation for your support and look forward to working hard with you and the members of the committee.

MR. JOHNSON: Thank you so much, and thank you for being here. Thank you for the service that you're going to provide the state.

MR. HEALD: Agenda item number 3, under the heading of Aviation, Dave Fulton, the director of the Aviation Division.

MR. FULTON: Thank you, Wes. My name is David Fulton; I'm the director of the TxDOT Aviation Division.

This minute order contains a request for funding approval for 12 airport construction projects and one engineering design project. Seven of the projects are programmed to be funded with federal and local funding; that's 90 percent federal, 10 percent local. Four of the remaining six projects are programmed to be funded with state and local funding; that's 90 percent state, 10 percent local. The two remaining projects are general aviation terminal buildings, one for a new building, one an increase in cost of an ongoing project, and those are programmed to be funded at 50 percent state, 50 percent local funding.

The total estimated costs of all the projects contained in this minute order shown in Exhibit A are approximately $11.9 million, and of that, $7.8- federal, $2.6- state, and $1-1/2 million local funding.

A public hearing was held on April 10 of this year and no comments were received. We would recommend approval of this minute order, and I'd be happy to attempt to answer any questions that you have.

MR. JOHNSON: Any questions?

MR. NICHOLS: No questions.

MR. JOHNSON: Is there a motion to the effect?

MR. NICHOLS: I so move.

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

Thank you, David.

MR. HEALD: Agenda item number 4(a)(1) under administrative rules for proposed adoption, Bob Jackson from our counsel's office.

MR. JACKSON: Bob Jackson, deputy general counsel.

This minute order proposes repeal of amendments and new sections concerning advisory committees. The statute requires us to sunset committees every four years. This minute order abolishes four committees and it recreates two department-created committees and it recreates and extends all of the statutory committees and makes various procedural changes.

Recommend approval of the minute order.

MR. JOHNSON: Any questions?

MR. LANEY: No.

MR. JOHNSON: Motion?

MR. LANEY: So move.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you.

MR. HEALD: Agenda item 4(a)(2) will be deferred.

Moving to agenda item 4(b)(1), these are rules for final adoption, starting off with Chapter 5, Finance, James Bass, director of our Finance Division.

MR. BASS: Good morning. For the record, I'm James Bass, director of TxDOT's Finance Division.

This minute order adopts new Sections 5.41 through 5.44 of Title 43 of the Texas Administrative Code relating to the payment of fees for department goods and services. These new sections implement the authority granted by House Bill 2247 and Senate Bill 1677 of the 76th Legislature.

These two bills added Section 201.208 to the Transportation Code and authorizes the commission to adopt rules regarding the method of payment of a fee for any goods sold or services provided by the department or for the administration of any departmental program. These rules would allow for many payments to TxDOT to be made using a credit card for a $1 fee.

In January you approved the draft rules for publication in the Texas Register, and no comments were received. We recommend these rules for final adoption.

MR. JOHNSON: Any questions?

(No response.)

MR. JOHNSON: Is there a motion?

MR. LANEY: So move.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: And those opposed?

(No response.)

MR. JOHNSON: Motion carries.

MR. HEALD: We have two items under Rule Review, that being item 4(c)(1), and Zane Webb will present the first one.

MR. WEBB: Good morning, commissioners. I'm Zane Webb with the Maintenance Division.

The General Appropriations Act for years 2000 and 2001 require that state agencies readopt their rules every four years and determine, prior to readopting, whether the reason for each rule continues to exist.

The minute order before you has to do with the review of 43 TAC Sections 9.70 through 9.73, 22.20 through 22.22, Section 28.30, Sections 29.2 through 29.6, Sections 29.21 through 29.26, and Sections 29.41 through 29.50

These rules have been reviewed, the reason for them continue to exist. I recommend approval of the minute order.

MR. JOHNSON: Any questions?

MR. LANEY: So move.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you.

MR. HEALD: The next item, being 4(c)(2), still under Rule Review, and Jim Randall.

MR. RANDALL: Jim Randall, deputy director of Transportation Planning and Programming.

The minute order we bring before you today provides for the readoption of the rules concerning the Transportation Planning and Programming Division. During March 2000, these rules were reviewed by the department. The proposed rule review was published in the Texas Register on March 10, 2000, and no comments were received regarding the readoption. The reasons for adopting these rules continue to exist. We recommend approval of this minute order.

MR. JOHNSON: Any questions?

MR. NICHOLS: So move.

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you, Jim.

MR. HEALD: The next item, being 5(a) under Programs, we have a minute order for your consideration and Jim still has the floor, and, Mr. Chairman, we have a speaker.

MR. RANDALL: This minute order provides for the construction of frontage roads and ramps along a section of Interstate 10 from FM 364 east of Walden Road, a distance of approximately 3.5 miles. This section of I-10 is a heavily traveled corridor and currently has gaps in its frontage road system.

A portion of this frontage road was originally considered over a decade ago by the department due to development along the corridor. At that time, the department entered into an agreement for the county to fund 100 percent of the frontage road that was built on the south side of I-10 between FM 364 and Brooks Road.

This current frontage road project will close existing gaps and restore system continuity. Construction of this project will also alleviate congestion and future travel delays which are expected upon completion of the planned local development along this corridor.

This minute order tenders a proposal to the city of Beaumont and Jefferson County for a project to construct frontage roads and ramps at a total cost of $12 million. The city and county will provide $1 million each toward the construction of this project and the department will provide $3.8 million in Category 11, State District Discretionary Funds.

With your approval of this minute order, the department will provide the remaining $6.2 million in Category 12, Strategic Priority of the 2000 UTP. Any overruns will be the shared responsibility of the city and the county. Staff recommends your approval of this minute order.

MR. JOHNSON: We have a gentleman who has signed up to speak on behalf of this item who has the very fine name of John Johnson, assistant to the county judge of Jefferson County. Is he here and would he like to speak on this issue? Congratulations on your name.

MR. JOHN JOHNSON: That's why they asked me to come talk.

(General laughter.)

MR. JOHN JOHNSON: Thank you, Mr. Chairman and commissioners. We just appreciate the commission's consideration, and certainly want to thank Walter Crook, our district engineer for the cooperation he's extended to us.

MR. JOHNSON: And I believe Walter is here also.

MR. JOHN JOHNSON: Correct. And I'm available for any questions. Thank you.

MR. JOHNSON: Great.

Walter Crook, I know you're here somewhere. Thank you for coming over.

Are there any questions?

(No response.)

MR. JOHNSON: I'll entertain a motion to approve.

MR. LANEY: So move.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you.

MR. HEALD: The next item is 5(b) involving District Discretionary Program authority, and Jim.

MR. RANDALL: Okay, sir. This minute order approves additional District Discretionary Program authority for project development. As contract awards have increased statewide, so has the need for increased development authority. This increase in development authority will enable the districts to develop project plans for projects with high local interest that might not otherwise rank for inclusion in another category.

This program authorizes Priority 2 development authority only. Projects in this program cannot proceed to contract letting until the districts identify a commission-authorized Priority 1 program.

This increase in Priority 2 program authority will assist the department in achieving our project-letting goals. We recommend approval of this minute order.

MR. JOHNSON: Any questions?

MR. NICHOLS: So move.

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you, Jim.

MR. RANDALL: Thank you.

MR. HEALD: The last item under Programs, being 5(c), Carlos Lopez will be the presenter.

MR.LOPEZ: Good morning, commissioners. I'm Carlos Lopez, director of the Traffic Operations Division.

The minute order before you authorizes the continuation of the high occupancy value pricing program on the I-10 HOV lane and the expansion of this program to the US 290 HOV lane here in Houston. In 1988, the I-10 HOV lane requirements were changed to allow only carpools with at least three people in it to use the facility during peak hours. The same type of change was made in 1999 to US 290. These changes were made to ensure that these HOV lanes continued to operate at a level that would make them an attractive alternative for carpoolers.

Under these programs, two-occupant vehicles are allowed to pay a fee to use an HOV lane during peak travel hours. The I-10 HOV lane has had such a program in place since 1997 and we have found that it increases the use of the HOV lane.

METRO will continue to operate both HOV lanes and there will be no cost to the department as a result of this minute order. We recommend approval of the minute order.

MR. LANEY: Can I make a suggestion?

MR. JOHNSON: Yes, sir.

MR. LANEY: Carlos, one comment. I'm in favor of this and I think we'll pass it just fine, but I would suggest that you consider, or that the Houston District consider, considering the fact that there's about a 50 percent unused capacity here, selling that capacity at higher rates to single-occupancy vehicles over time. I mean, I'm not suggesting any change in this rule, but it's basically unsold and usable capacity that's probably very attractive during some parts of the day for some price. So I'd hate to see it basically unused or uncommitted or unsold, however you want to put it.

Other than that, I'd like to make a motion. So move.

MR. JOHNSON: Any observations or questions?

MR. NICHOLS: No. The only thing, when it refers to a pilot program, it really is a misnomer, in that it is a perpetual program unless there is a problem, in which case it's pulled back down and then pull it back out?

MR. LOPEZ: That's correct.

MR. JOHNSON: David has made a motion. Do we have a second?

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you, Carlos.

MR. HEALD: Agenda item 6(a) and (b) having to do with SIB loans, and I believe the first one is an approval and the second one is preliminary approval. James Bass.

MR. BASS: Again I'm James Bass, director of TxDOT's Finance Division.

The first SIB minute order this morning seeks final approval of a loan to the City of Stamford in the amount of $300,000 to pay for the relocation of utilities required for the rehabilitation of Business US 277 in the city and to pay for the installation of replacement utility lines within the project limits.

Interest will accrue from the date funds are transferred from the SIB at a rate of 4.1 percent, with payments being made over a period of eight years. Staff recommends your approval.

MR. JOHNSON: Any questions?

MR. NICHOLS: So move.

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. BASS: The second SIB minute order seeks preliminary approval of a loan to the City of Round Rock in an amount of $16 million to fund the acquisition of right of way and the relocation of utilities for the State Highway 45 project within the Round Rock city limits.

Preliminary discussions with the city have centered on an interest rate of 4.5 percent with a 15-year payback period which are within the guidelines of the SIB, and staff would recommend your preliminary approval.

MR. JOHNSON: Any questions?

MR. NICHOLS: No questions.

MR. LANEY: So move.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries. Thank you, James.

MR. HEALD: Under Contracts, item number 7(a), Thomas Bohuslav.

MR. BOHUSLAV: Good morning, commissioners. My name is Thomas Bohuslav, director of the Construction Division.

Item 7(a)(1) is for consideration of award or rejection of highway maintenance contracts let on April 4 and 5, 2000, whose engineers' estimated costs are $300,000 or more. There were nine projects let and staff recommends approval of all projects listed.

MR. JOHNSON: Any questions?

MR. NICHOLS: So move.

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Those opposed.

(No response.)

MR. JOHNSON: Motion carries.

MR. BOHUSLAV: Item 7(a)(2) is for consideration of the award or rejection of highway construction building contracts let on April 4 and 5, 2000. We had 83 projects let; we have two projects we recommend for rejection.

The first project is in Culberson County, a renovation of a safety and rest area there, project number 3085. We had five bidders and we had 72 percent over on that project. We'd like to go back and do some redesign for that project and propose it for future reletting.

The second project recommended for rejection is in Ellis County, project number 3056. On that project we had a 52 percent overrun and the district would like to go back and rearrange or do some redesign and also try to have a better letting for that project and encourage more bidders; we just had one bidder on the project.

Staff recommends award of all projects with the exceptions noted.

MR. JOHNSON: Any questions?

MR. NICHOLS: I have a comment. Comment is that with all the talk about rising construction costs and things of that nature, I thought it was very noteworthy that there is roughly $170 million worth of projects here that came out 7-1/2 percent under our estimate and that our bidding competition for those jobs was just under five bids per contract, which I think is a very good healthy sign for the state.

Other than that, I have no further comments.

MR. LANEY: No comments.

MR. JOHNSON: Is there a motion?

MR. LANEY: So move.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. HEALD: Agenda item 7(b) we have one minute order pertaining to a contract claim, and Mike Behrens will present it to you.

MR. BEHRENS: Good morning, commissioners. My name is Mike Behrens with Engineering Operations.

This minute order approves a claim settlement for a contract claim filed by Austin Traffic Signal Construction Company, project CM 96(798)I in Chambers, Jefferson and Orange counties. The contractor filed a claim for the amount of $99,500.88 requesting some additional compensation. The committee met on March 1, 2000, and after deliberations, offered the settlement to the contractor of $22,000, and we recommend the approval of this minute order for this settlement.

MR. JOHNSON: Any questions or comments? Is there a motion?

MR. LANEY: So move.

MR. NICHOLS: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion carries.

MR. HEALD: Item number 8, and these are routine minute orders, and I'll go through these without stopping unless you have some questions.

First being Speed Zones, establish or alter regulatory and construction speed zones on various sections of highways in the state.

The next one being Load Zones, revision of load restrictions on various roads and bridges on the state highway system.

The next being Highway Designations and/or redesignations, and I won't read those but they're in Hunt County in the city of Commerce.

8(d) Right of Way Disposition, Purchase and Lease, Aransas County, SH 35 at the Copano Bay Causeway, consider the sale of a tract of surplus right of way to the abutting landowner, and that's based on the appraised value plus the usual state service fee.

In Cass County -- again this is disposition purchase or lease, under that topic -- consider the exchange of a surplus drainage easement for a parcel of needed right of way.

The next is in Harris County, Interstate 45 at El Dorado Boulevard in Houston, consider the future exchange of drainage easements.

In Hays County, Old State Highway 80 at the Blanco River, consider the quitclaim of surplus right of way and any improvements to the abutting landowners.

In Hidalgo County, US 83 Southeast corner at FM 1015 in Weslaco, consider the quitclaim of the surplus roadside park to comply with a reversionary clause.

In Lubbock County, FM 1730 at County Road 76, consider the sale of a surplus right of way easement.

In Panola County, State Highway 43 at FM 959 northeast of Tatum, consider the exchange of surplus right of way for needed right of way.

In Webb County, State Highway Loop 20 at Century Boulevard in Laredo, consider the sale of a tract of surplus right of way to the abutting landowner.

Donations to the Department, this is item 8(e), in Burnet County, RM 963 from US 281 to Shady Grove Road in Burnet, consider the acceptance of a land donation; in Travis County, State Highway 71 from RM 2244 to RM 620 east of Bee Cave, consider the acceptance of a land donation.

Under Eminent Domain Proceedings, request for eminent domain proceedings on non-controlled and controlled access highways, and there's a list there in your packet.

And, Mr. Chairman, that completes the routine minute orders.

MR. JOHNSON: Are there any questions or comments about any of the routine minute orders?

MR. NICHOLS: No comment.

MR. LANEY: I've got one comment. One of these minute orders, I just want to compliment and commend Ray Stoker for working so carefully with us to make us understand, one, and help us to prepare it. It was very helpful.

MR. JOHNSON: Is there a motion to approve these minute orders?

MR. NICHOLS: So move.

MR. JOHNSON: Second?

MR. LANEY: Second.

MR. JOHNSON: All in favor, signify by saying aye.

(A chorus of ayes.)

MR. JOHNSON: Motion approved.

MR. HEALD: Mr. Chairman, we don't have any need for an executive session, but we do have several that signed up for open comment.

MR. JOHNSON: If you've signed up for an open comment, I hope that you'll step forward as I call your name, and hopefully I will do your name justice when I call you forward. Representing Scenic Texas, Carroll Shaddock, Kay Crooker, Cece Fowler, Anita Brown, Joe Weikerth. Are any or all of these ladies and gentlemen here? I know you are. Good morning.

MS. FOWLER: Good morning. I'm not Carroll Shaddock.

MR. JOHNSON: I figured that out.

MS. FOWLER: I'm speaking on behalf of Scenic Texas. Texas is a larger than life state, famous for its breathtaking vistas, its dedication to being a leader in all that's good in our country.

As a Californian, I must confess Texas has seduced me since childhood. When we moved to Houston 23 years ago, I remember driving into the city from the airport on the Eastex Freeway and wondering why they let a place that had the ability to grow so many magnificent trees be blighted and cluttered with so many unsightly billboards. You couldn't possibly read them all and for a number of years, I just tried ignoring them, but you can't.

Whether driving on our superb highways from Dallas to Galveston, Cleveland to Victoria, San Antonio to Beaumont, we are confronted with the same sad story: too often going someplace different looks like going someplace much the same. The towering signs and proliferating strip centers make cities whose character had once been their undeniable hallmark meld into a hodgepodge. Even areas that we could always count on to be majestically rural are blighted.

What does it say about us if we allow meadows filled with wild flowers to be congested with double-decker boards? What do we say to friends from Vermont when showing off the undulating terrain of the Hill Country and they remind us that they banned billboards over 20 years ago? What do we say to our children and our grandchildren when all they can see is the next fast food sign marring the spectacular plateaus of West Texas? Something must be done and done soon.

At Scenic Texas, we suggest a commission comprised of TxDOT members, legislators and concerned citizens be convened to explore solutions to this complex but urgently needed situation. The Texas Department of Transportation is the logical choice to spearhead a movement committed to making Texas an uncommonly beautiful state. Judging from public opinion polls, this is a mantel most Texans would gladly assume.

Thank you.

MR. JOHNSON: Would you, for the record, identify yourself?

MS. FOWLER: Oh, yes. I am not Carroll Shaddock but I am Cece Fowler.

MR. JOHNSON: Thank you, Cece.

MS. BROWN: Good morning, Mr. Chairman, commissioners. My name is Anita Brown and I'm the managing director of Scenic Texas as well as the executive director of Scenic Houston.

Texas is blessed with a system of roadways that highlights our varied landscape, rich history, interesting geographical features, popular recreation areas and beautiful vistas. A few that come to mind are the Trans-Mountain Highway in West Texas, the Ross Maxwell Scenic Drive in Big Bend National Park, FM 420 through the Big Thicket National Preserve, the lakes and caves along 281 from Marble Falls to Inks Lake, and the Highways 290 and 6 from Houston to College Station with its lush vegetation and wild flowers.

These roads not only deserve recognition but protection as well. A state scenic byways program would offer communities around the state the opportunity to protect the outstanding qualities along these roadways while encouraging economic development through tourism.

Funded by the Federal Highway Administration through TEA-21, the Scenic Byways Program is designed as a voluntary grassroots program. Communities and groups who are interested in having a road designated may apply for funds and these funds may be used for enhancement projects such as bicycle paths, overlooks, recreational areas and interpretive facilities, among many others.

The only federal regulation pertaining to designated scenic byways is that new billboards must be prohibited along these designated roads.

Forty-four states already have this program in place and four are currently working actively to implement such a program. Only Mississippi and Texas remain. I would like to encourage the highway commissioners and Texas Department of Transportation to take advantage of this program that not only recognizes and protects our state's most scenic vistas but also provides us with more federal highway dollars for improvement projects.

Although we're close to being last, please let's not allow Texas to be the last state to have scenic byways. Thank you.

MR. WEIKERTH: Good morning, commissioners. My name is Joe Weikerth, I'm policy director for Scenic Texas and Scenic Houston.

I want to thank you for allowing us the opportunity to speak before you this morning. I want to talk briefly about the planned improvements to the Katy Freeway and the impact that they will have on billboard relocation in our city.

I might pause just to say Scenic Texas and Scenic Houston is not a one-trick pony. Billboards just seem to be an issue that we all want to talk about with you this morning, but there are other things that we want to talk, in the long run, with you about scenic conservation throughout our state and highway system.

Scenic Houston and Scenic Texas believes that relocation of billboards in general is bad public policy. History tells us that the vast majority of cases the general public finds that it is offensive when billboards are relocated, especially near neighborhoods and in recognized scenic areas in our cities and our rural areas.

The potential relocation of the vast numbers of billboards from along the Katy Freeway will undoubtedly create a major public outcry, just as it's done in other relocations, i.e., the Meyerland area where we had a billboard relocation and other places along 610 near the Galleria. This is troubling to us, and it should be to all citizens of Houston.

We're also troubled that billboards along the I-10 corridor have been allowed access to public right of way rent free for the last seven or eight years. They've been sitting there without paying rent to the citizens of Texas for seven or eight years. I'm sure an accountant or lawyer could determine the value of such rent-free access to public property.

We also believe that the $300- to $500,000 sign value that TxDOT uses is well over the true value of the billboard asset. Our information indicates that billboard assets along I-10 are valued, on average, on the tax rolls at somewhere around $15,000 per sign. The Harris County Appraisal District indicates that the entire billboard inventory in the city of Houston is valued at $24.9 million. This would seem to indicate that the $300,000 per sign value is well out of whack.

We believe that TxDOT should once and for all move to determine the rightful value of billboard assets so that alternatives to offensive billboard relocation can be considered when much needed public capital projects such as the Katy Freeway are undertaken. The citizens of Texas deserve such alternatives. Perhaps some portion of the work along the Katy Freeway could serve this purpose.

With this said, Scenic Houston acknowledges the importance of the Katy Freeway project and will continue the dialogue with the City of Houston regarding what is best for the citizens of Houston.

We will work to see: number one, that any proposed billboard relocation be given complete public airing of the specific proposed site location; number two, that billboards along the Katy Freeway must come down immediately, when and if any agreement is reached with the billboard industry; three, that all relocated billboards be required to come into compliance with applicable sign code requirements; and four, no current billboard-free road or highway be considered for relocation, just as Spur 5 coming into U of H has no billboards on it right now.

Scenic Houston and Scenic Texas appreciates the vitally important job that you do for our great state. We also believe that good public policy dictates that we all protect and work to improve the scenic beauty and character of our state and cities. As Cece mentioned, our survey data tells us that most citizens believe that billboards are unsightly and harm the scenic character of our state and cities.

I noted that Gary's slides that he showed this morning, there were no billboards in view in any of his slides.

I want to thank you for your time and attention and we look forward to being a partner with you in the coming years. Thank you again.

MR. JOHNSON: Thank you.

Any comments or observations?

Anybody else from Scenic Houston or Scenic Texas?

(No response.)

MR. JOHNSON: Representing Trees for Houston, Kathy Lord and Mack Fowler.

We'd like to thank you for the award, by the way. We conclude there are a lot of visionaries.

MS. LORD: That's right. Well, the Visionary, that's The Park People; we did give an award on Arbor Day to TxDOT; but we all work together, so thank you.

I'm Kathy Lord, executive director of Trees for Houston. Chairman Johnson, former Chairman Laney, and Mr. Nichols, and Mr. Heald, thank you for giving us the opportunity to come and speak with you.

We congratulate TxDOT on coordinating the Green Ribbon Report which has been cited several times today. We enjoy being a part of the process. I know that Representative Garnet Coleman initiated it but our district engineer Gary Trietsch carried out the whole project, and we're very pleased to have been able to plant the first prototype planting, the forest-like planting, at Chimney Rock and 59 and Shepherd and 59.

And we will continue being a partner with TxDOT -- we're waiting for the cost-share contract to come out of legal -- and being a partner with the City of Houston as well. We are also going to be partnering with Main Street Coalition on planting 90A with the SEP money, I believe, that was part of the whole TxDOT process.

I'd like to point out that former landscape architect Horace Latimer has certainly set the standards at 290 with the stand of pines that are right there that everyone refers to as they're driving the freeways.

When Trees for Houston was founded in 1983, the whole goal was to plant trees in the public right of way, along parkways, and also to change the Houston freeways to treeways, as well. That is one of our goals: to work as a partner with TxDOT so that traveling can be a very pleasant experience, even if you're in congestion.

We also appreciate your upholding the TxDOT policy at 5050 Westheimer. We feel that set a good standard so that people will not remove trees from your property.

We also encourage you to enforce the 1 percent policy that you all set to have 1 percent of the money with construction go along for enhancement. That is something that we really would like to see more of in the Houston area.

Thank you very much.

MR. JOHNSON: Thank you.

Anyone else representing Trees for Houston?

(No response.)

MR. JOHNSON: Representing The Park People -- oh, there is someone. Excuse me.

MR. FOWLER: One more tree guy here.

MR. JOHNSON: Mack Fowler.

MR. FOWLER: Good morning. I'm Mack Fowler; I'm president-elect of Trees for Houston.

I think Trees for Houston's mission that has been introduced to you, certainly by Kathy, is quite simply that we're dedicated to the massive planting of trees in Houston. Since the early '80s, we've planted somewhat over 140,000 trees in Houston, both on freeways and in neighborhoods.

Once again, we want to thank the commission and we want to explicitly recognize the leadership of District Engineer Gary Trietsch for this work. We look forward to working with the commission and with the district engineer in implementing all of the recommendations of this work. We want to recognize your clear commitment to the landscape efforts on Texas' freeways, and particularly from our point of view, on Houston's freeways.

We certainly look forward to what we hope will be maybe a dramatic prototype project and that is the extensive landscaping that will follow on the Highway 59 widening east of Shepherd. We think that will really set a standard for what we're looking for.

This Green Ribbon Project is of critical importance because it's no longer just tree people appearing at public meetings or talking with public officials about what we want, this represents the state joining with us in prescribing what we would like to achieve. It really means that we can enter into a partnership.

We can move from perceiving freeways as a harsh environment for plants, most suited to extensive installation of concrete, and one which recognizes the aesthetic and the environmental impact of trees and greenery along the highways. And, it allows us to really focus on the Green Ribbon Project's first principle, which is, appropriately, "Green First."

In addition to the aesthetic benefits which I'm sure you know well, there are the environmental benefits of trees along freeways. We are certain that the single biggest national political issue affecting Houston today is air quality, and regardless of what happens in the presidential election, we're certain that that issue will be national news. Whoever wins the election will, we intend to see, have the responsibility of helping us correct the air quality issue problems in Houston.

We are absolutely certain of the science concerning the environmental impact of trees along roadways. We know about the noise reduction effects, we know about storm water runoff, we know about the cooling effects, but we also know that trees absorb particulates, CO₂, sulfur dioxide, nitrous oxides, and ozone, and despite efforts to occasionally confuse the volatile organic emissions of trees with pollution, we intend to press that message forward.

And we seek the department's help in pushing this message forward and making trees, in fact, massive planting of trees, as part of the solution to air quality issues. And we would ask that the commission, after reviewing the Green Ribbon Project, looking at the air quality issues, join us in following the example of Atlanta, Sacramento, and even Mexico City in sponsoring the mammoth planting of trees to address air quality issues.

And that's what Trees for Houston has adopted as an additional part of its mission, not just raising money to plant individual trees, but to raise the public consciousness of the benefit of trees and see if we can't remediate some of the past mistakes and make sure that new construction includes what we think is appropriate and beneficial landscaping.

Thanks for your time.

MR. JOHNSON: Thank you.

From The Park People, Glenda Barrett.

MS. BARRETT: Good morning. I'm Glenda Barrett, executive director of The Park People. We're a non-profit citizens group for parks and green space in Houston.

I'm here speaking for the board of directors to congratulate TxDOT -- you're going to hear it again -- for its Green Ribbon Project. The Texas Department of Transportation's Houston District, as you have heard, received our Visionary Award last night at our 21st annual awards dinner, and the crowd of over 500 people in the Houston Country Club ballroom certainly gave it enthusiastic and loud and long applause. This is a very popular issue in Houston.

The Park People also nominated TxDOT for the same kind of award for the Green Ribbon Project to the Texas Urban Forestry Council last year and they won that award.

Not only has TxDOT come up with a unique master plan for beautifying and unifying Houston's -- and I hope that this will be carried throughout the state; I hear that other parts of the state are very interested in the Green Ribbon Project -- but to unify and beautify the roadway corridors in Houston, but it's also, and we think as importantly, involved a broad-based group of environmental and civic organizations, of interested individuals, government organizations, and landscape architects.

The public was really involved, and I was fortunate to be a member of the Green Ribbon Committee -- many of us were -- and I can tell you that the public comment and the public involvement was real and spirited and vital, and we thank Gary Trietsch for that and Dana Cote, the project coordinator, because they did yeoman's work, and we feel that this truly is a product of a partnership.

We also are very pleased with number one design principle which says "Green First," "Think First." We agree that planting and nurturing trees and landscaping truly make the highways green ribbons, and I think that's the whole point.

We too want to commend the Department of Transportation for the firm stand on the replacement of the trees that were illegally removed along Westheimer in the Galleria area last year. By insisting that these trees be replaced, TxDOT sent a strong message, not just to the public but to property owners along the state roadways that Texans and Houstonians value our trees very much and that state property is inviolable.

We in The Park People look forward to a continuation of this great partnership that is going here in Houston with the Texas Department of Transportation. Thank you very much.

MR. JOHNSON: Well, thank you for the award, and sorry that we had a conflict or someone would have been there, but I think recognizing the Houston District for the work that they do is very appropriate and accurate, and on behalf of them and also the entire department, thank you so much for the award.

MS. BARRETT: Oh, you're most welcome, and you were ably represented by Dana Cote and Mike Alford, both, and they got lots of applause. Thank you.

MR. JOHNSON: You know, as an aside, I want to assure The Park People and the Trees for Houston people and also the Scenic Texas people that the commission takes the natural beauty of this large and diverse state of ours, we think it's a very serious matter. Speaking mostly individually, but I think that my fellow commission members agree that we love this state and the natural beauty of it is very important to us and we consider that a high priority, and I want you to rest assured that it will remain a high priority.

And David or Robert, if you have any comments or reflections or even a question to ask to any of our groups?

MR. LANEY: I don't.

MR. NICHOLS: No.

MR. JOHNSON: Thank you for your time and effort to be here and share your thoughts and concerns with us.

We have two speakers on what has come to be known as the Quintana Swing Bridge. Teresa Cornelison.

MS. CORNELISON: Hello. I am Teresa Cornelison; I live on Quintana Island in Brazoria County. I'm here today because of your proposed bridge to replace our swing bridge.

Through my research, I found that the TxDOT vision includes using efficient and cost-effective work methods that encourage innovation and creativity, also promoting a higher quality of life through partnership with the citizens of Texas and all branches of government by being receptive, responsible and cooperative.

TxDOT has informed us the swing bridge was temporary. According to the dictionary, temporary is intended to last only a short time, and 60 years is not temporary, 60 years plus is not temporary.

TxDOT says the cost to maintain the bridge is $400,000 a year. I've requested proof of this and have gotten nowhere. I've gotten a letter from a man named Otto -- I don't know his last name -- Maresh. He states: No list exists, yet I can give you $500-plus and maybe possibly you can make me a list, and when I get on the internet, it says you have accurate records. So I'd like to know where the estimate is coming from.

I've got a letter from TxDOT employee Kirby Pickett that tells Congressman Ron Paul that the residents are not worth meeting with. He said public notice was given. I want to know where it was given, and my county commissioner, other residents, we've never seen the public notices. I keep receiving letters stating that we spend tax dollars wisely. It's not just the island residents that believe that $9 million of our dollars is about to be wasted if you, the commission, do not stop this.

From the end of the present swing bridge to the Gulf of Mexico is only seven-tenths of a mile, five-tenths it's sand. I've got pictures that shows this. No lives have ever been lost due to the bridge, there's not been any accidents with any water vehicles due to the bridge.

One of my suggestions is to purchase us a new pontoon bridge, privatize out operations and routine maintenance and labor and emergency repairs. Privatizing has been proven to save 40 percent of costs to major companies. The leftover money could go to expand the evacuation route which is a one-lane road.

This is the last swing bridge in Brazoria County, it is historical. Quintana is only about seven miles long and not even a mile wide. Less than 100 people live on this island, we choose to take the risk there.

I have a resolution that was adopted at both parties' senatorial conventions; it's going to the state conventions. Governor Bush keeps telling me that you'll work with us. Please look into this and listen to the people that it will affect.

Thank you, and I'd like to be kept informed on this.

MR. JOHNSON: Thank you.

MS. CORNELISON: Would you like to see the pictures?

MR. JOHNSON: Yes.

(Pictures reviewed and inaudible discussion.)

MR. JOHNSON: Well, thank you, and we'll respond to your questions and concerns and we'll look into the matter.

Sharon Cornett.

MS. CORNETT: I am Sharon Cornett, the city secretary, tax assessor-collector, and the only employee of the town of Quintana.

Quintana was incorporated in 1891; it is a man-made island. Our official population is 51 but we have an estimated population of about 100.

Quintana, for your information, has won the Governor's Achievement Award the last three years out of five years in our category, so we are recipients and will be recipients of some of your TxDOT landscaping money which we're really proud of.

We're located in Brazoria County; we're located on the Gulf side of a swing bridge, a bridge that TxDOT does propose to replace with a fixed span bridge. I have a resolution from my town council which is the direct result of research done for the town and for the taxpayers of the state of Texas. I would like to read to you that resolution.

"Whereas, the Texas Department of Highways, TxDOT, has announced plans to replace the swing bridge at Bryan Beach, Brazoria County, with a $9 million fixed span bridge to an island with less than 150 residents;

"Whereas, the swing bridge is one of three left in Texas, only one in Brazoria County;

"And whereas, the majority of the Bryan Beach subdivision and Quintana residents do not want a fixed span bridge;

"Whereas, the total taxable value of the land, as per the Brazoria County Appraisal District records, of the entire island is just over $6 million and the estimated cost of a fixed span $9 million bridge taxpayers' dollars;

"Whereas, a comprehensive plan from Texas A&M University in 1988 indicates that of this island of 1,045 acres, only 37 percent is buildable;

"And whereas, in the area of the proposed fixed span bridge, the beach erosion is 47 feet per year which threatens the long-term usefulness of a fixed span bridge;

"And whereas, the island does not have a police department and relies solely on Brazoria County Sheriff's Department for the law enforcement and increased access to the island will increase patrolling expenses for the sheriff's department;

"Now, therefore, be it resolved that in light of the huge cost and no benefit of this project, we the Town Council of the Town of Quintana ask the Texas Legislature and TxDOT to repair the present swing bridge or purchase a new swing bridge and privatize the operations to reduce further costs. We further resolve that the Town Council and the Town of Quintana urge the Texas Legislature to adopt a statewide hearing on the appropriate goals of TxDOT in light of the flaws of the current decisions made regarding the bridge of the Intercoastal Canal at Bryan Beach at Quintana."

This was signed by my council. I have this and a copy of the backup material for your convenience. I appreciate your listening to us, and we urge you to review this and help us keep our historical quaint town historical and quaint. Thank you.

MR. JOHNSON: Thank you for your presence and your comments, and this matter will be reviewed; I assure you of that.

Any observations or comments?

MR. LANEY: Not from me.

MR. JOHNSON: Kay Crooker from Scenic Texas and Trees for Houston, trees for people.

(General laughter.)

MR. JOHNSON: My name is Kay Crooker. Thank you for taking me out of order. First, I want to offer my congratulations to the new chairman Mr. Johnson. We are delighted with all you gentlemen, but especially to have a Houstonian as chairman of this important commission.

I want to thank you all, first of all, for your commitment to public service and your generous contribution of your time and talents on behalf of the state of Texas and for providing adequate and safe roadways. Now, having said that, I also want to thank you for all you've done for trees and for landscaping, and what hopefully you will do more of in the future.

I want to emphasize that there is strong public support to eliminate billboards along our roadsides and certainly there is strong public support for scenic byways free of the visual blight of billboards. Scenic roads and scenic byways seek to preserve our scenic heritage which is so important to all of us and to this state, as I know it is to you, and of course it's disappearing all too quickly.

As we all know, visual blight depresses the human spirit, it dampens civic pride, and therefore, it weakens a sense of community, and anything that is substandard and weakens a sense of community only exacerbates a downward spiral in many things, among them civility and a feeling of self worth. A sense of community only promotes a strong and stable community which is so important to all of us.

Now, I want to thank this commission and the staff. Certainly they're committed to improving all of our roadways, and the landscaping and the aesthetics, I applaud you for this. Our only point is that we have to redouble the efforts for your visionary Green Ribbon plan and see that that's implemented by you throughout the state. It is very important.

One thing I want to note, for the past ten years my husband and I have taken long driving trips throughout the nation, usually 5- to 7,000 miles every summer. We've covered every state, I think, but North Dakota. Anyway, we always know when we're back in Texas because of the proliferation of billboards. Certainly that's depressing and it's something we continually have to make excuses for.

Not long ago at a big public gathering, a man looked me up from out of town, knowing I had been on the city planning commission here for so many years, and he said, "Why do people in Houston put up with this?" And he was referring to driving in from the Bush Intercontinental Airport along I-45. Well, time doesn't permit me to give you my answer, but be that as it may, you can see that it is a dilemma and it is embarrassing.

One more personal note: along Ranch Road 620 which you're all familiar with out near Lakeway where we've had a home for a number of years, I have watched that turn from a beautiful scenic road to be a victim of visual blight because of the billboards popping up along there. Certainly we need to do everything we can to prevent that.

Bottom line, something we all know: Ugly does not sell, and there's no reason that beauty and business cannot go hand in hand. In 1998, there was a poll taken in Houston and 80 percent of the respondents strongly supported our billboard ordinance. And we ask that your efforts be redoubled to support similar ordinances and to see that they are affected and that they proliferate throughout the state so that we don't have a continuation of visual blight.

Thank you for your time.

MR. JOHNSON: Thank you.

We have one other speaker who is Arnold Oliver. It says here he wants to speak on commission leadership, and if you're speaking favorably, you have three minutes, and if you're not, you've got about ten seconds.

(General laughter.)

MR. OLIVER: My name is Arnold Oliver; I'm a retired TxDOT employee, and I didn't want to get away this morning without saying a few words about commission leadership.

I certainly don't want to prolong your first meeting to set some sort of a precedent, but I do want to say that many long-time TxDOT employees have given their entire life to TxDOT, their working life, feel like they have an ownership in TxDOT. You never get over that; you always feel like the organization is yours.

I just want to say that my biggest disappointment, in retiring when I did, was that I didn't have the opportunity to serve under the leadership of Chairman Laney. I do want to congratulate you, Mr. Johnson, on your promotion to chairman. I know you're going to do a good job.

This commission is probably, in my memory of TxDOT, one of the better commissions that we've had in many, many years. The leadership team that you've put in place, in Mr. Heald and Mr. Behrens and Mr. Pickett and the others, is outstanding in my memory. They've done a great job, the morale is high.

And Mr. Laney has brought a touch of class and humor to the commission that has been sorely needed in some areas, and I just want to say that I'm extremely proud of the organization today that this commission, and specifically Mr. Laney, has put in place. And I think I can speak for many other long-time TxDOT retirees that we're all proud of the organization that's now going. The amount of work you've got out is unbelievable to some of us and you've done it in a very professional and competent way. And we're proud of you and just will say to you keep up the good work. Thank you.

MR. JOHNSON: Thank you for those comments.

MR. LANEY: Thank you.

(Applause.)

MR. JOHNSON: I certainly think you were extremely accurate in your kind words for David Laney. As I mentioned earlier, this state owes him a deep debt of gratitude for what he has been able to accomplish in the leadership that he's given this department, and the entire state has benefited over the last five years.

Robert, do you have any observations, or David?

MR. NICHOLS: I've already made my comments. Thank you.

MR. LANEY: All I can say is we heard from the sign people and the tree people and the green people and the park people and the bridge people.

Arnold, it was great hearing from the concrete person.

(General laughter.)

MR. LANEY: Thank you.

MR. JOHNSON: Is there any other business that needs to come before the commission today? If there is none, we'll note the time being 11:12, and we'll entertain a motion to adjourn.

MR. LANEY: So move.

MR. NICHOLS: Second.

MR. JOHNSON: The meeting stands adjourned.

Whereupon, at 11:15 a.m., the meeting was concluded.)

C E R T I F I C A T E

MEETING OF: Texas Transportation Commission
LOCATION: Austin, Texas
DATE: April 27, 2000

I do hereby certify that the foregoing pages, numbers 1 through 94, inclusive, are the true, accurate, and complete transcript prepared from the verbal recording made by electronic recording by Penny Bynum before the Texas Department of Transportation.

__________05/08/2000
(Transcriber) (Date)

On the Record Reporting, Inc.
3307 Northland, Suite 315
Austin, Texas 78731