January 27, 2022 – Texas Department of Transportation Regular Commission Meeting >> GOOD MORNING, IT IS 10:01A.M., OUR CALL TO ORDER IN THE JANUARY 27, 2022 MEETING OF THE TEXAS TRANSPORTATION COMMITTEE IN AUSTIN, TEXAS. NOTE FOR THE RECORD THE PUBLIC NOTICE OF THIS MEETING CONTAINING ALL ITEMS ON THE AGENDA WAS FILED WITH THE SECRETARY OF STATE AT 5:05P.M. ON JANUARY 19, 2022, WHICH IS AT LEAST SEVEN DAYS PRIOR TO THE MEETING IN ACCORDANCE WITH THE GOVERNMENT CODE SECTION 551.044. AT THIS TIME, I WOULD LIKE TO ASK THAT BEFORE WE BEGIN TODAY'S MEETING, YOU PLACE ALL CELL PHONES AND OTHER COMMUNICATION DEVICES IN THE SILENT OR OFF MODE. TO COMMENT ON REGISTER YOUR OPINION ON AN AGENDA ITEM, PLEASE COMPETE A YELLOW CARD AND IDENTIFY THE AGENDA ITEM. BRING THAT CARD UP TO OUR CLERK, MS. LAWSON HERE ON THE DAIS, WHEN WE GET TO THAT AGENDA ITEM AND AFTER THE STAFF HAS PRESENTED THE AGENDA ITEM, I WILL CALL YOUR NAME TO COME UP TO THE PODIUM. WHEN YOU COME UP TO PODIUM TO SPEAK PLEASE STATE YOUR NAME AND THE ORGANIZATION YOU REPRESENT. THEN, STATE YOUR MARKS. IF YOUR REMASHES DO NOT CONCERN AN AGENDA ITEM WE'LL TAKE YOUR REMARKS AT THE OPEN COMMENT PERIOD AT THE END OF THE MEETING. FOR THOSE COMMENTS, PLEASE COMPLETE A BLUE CARD. AGAIN, BRING THAT CARD UP TO MS. LAWSON ON THE DAIS. WHEN YOU COME UP TO THE PODIUM TO SPEAK PLEASE STATE YOUR NAME AND IF YOU ARE SPEAKING ON BEHALF OF AN ORGANIZATION, PLEASE LET US KNOW THE NAME OF THAT ORGANIZATION. PLEASE NOTE DURING THE OPEN COMMENT, THE COMMISSION IS PROHIBITED, BY LAW, OF ANSWERING QUESTIONS OR ENGAGING IN DIALOGUE WITH YOU CONCERNING THE REMARKS THAT ARE NOT ON THE POSTED AGENDA. REGARDLESS OF WHETHER YOU SPEAK ON THE AGENDA ITEM OR DURING THE OPEN COMMENT PERIOD, YOU WILL HAVE THREE MINUTES TO PROVIDE YOUR REMARKS. WHEN 60 SECONDS REMAIN THE YELLOW LIGHT ON THE PODIUM TIMER WILL FLASH, MEANING YOU SHOULD START WRAPPING UP YOUR COMMENTS. WHEN THE RED LIGHT FLASHES YOUR THREE MINUTES HAVE EXPIRED. BEFORE WE BEGIN I'LL TURN THE MEETING OVER TO EXECUTIVE DIRECTOR MARC WILLIAMS. >> GOOD MORNING. >> GOOD MORNING, MR. CHAIRMAN, AT THIS TIME I ASK EVERYONE'S FULL ATTENTION DIRECTED TO THE SCREEN AS WE SHOW THE GREER BUILDING SAFETY EXHIBITS AND OTHER EMERGENCY PROCEDURES. >> VIDEO: ATTENTION, PLEASE, THE FOLLOWING IS A SAFETY VIDEO TO HELP ENSURE YOUR PERSONAL SAFETY WHILE AT THE TEXAS DEPARTMENT OF TRANSPORTATION GREER BUILDING. ?? IN CASE OF A MEDICAL EMERGENCY, PLEASE CALL 9-1-1. AN AUTOMATED EXTERNAL DEFIBRILLATOR UNIT IS LOCATED HERE ON LEVEL 1, IN THE MAIN LOBBY AT THE SECURITY BOOTH. -- IN CASE OF A MEDICAL EMERGENCY, PLEASE CALL 9-1-1. AN AUTOMATED EXTERNAL DEFIBRILLATOR UNIT IS LOCATED HERE ON LEVEL 1, IN THE MAIN LOBBY AT THE SECURITY BOOTH. FIRST-AID KITS ARE MARKED AND LOCATED ON EACH FLOOR. FIRE EXTINGUISHERS ARE MARKED AND LOCATED ON EACH FLOOR. IN THE EVENT OF AN EVACUATION, PROCEED TO THE NEAREST EXIT. ONCE OUTSIDE, PROCEED TO THE WEST PARKING LOT OF THE GREER BUILDING, LOCATED AT THE CORNER OF CONGRESS AVENUE AND 11TH STREET. IN CASE OF TORNADO OR INCLEMENT WEATHER, STAY INSIDE AWAY MOVE FROM EXTERIOR WALLS AND WINDOWS. THE DESIGNATED SHELTERS ARE: STAIRWELLS, BASEMENT, INTERIOR HALLWAYS, AND CENTRALLY LOCATED RESTROOMS. IN CASE OF ACTIVE SHOOTER OR BOMB THREAT, FOLLOW INSTRUCTIONS FROM THE PUBLIC ADDRESS SYSTEM AND ON-SITE SECURITY PERSONNEL FOR MORE DETAILS. THANK YOU FOR YOUR TIME, HAVE A SAFE AND PRODUCTIVE MEETING. . >> MR. CHAIRMAN, WITH THE SAFETY MEETING COMPLETED I'LL TURN THE MEETING BACK TO YOU. >> THANK YOU. WE'LL OPEN WITH COMMENTS FROM FELLOW COMMISSIONERS. I'D LIKE TO START WITH COMMENTS FROM COMMISSIONER VAUGHN. >> NO COMMENTS. >> THANK YOU, COMMISSIONER VAUGHN. COMMISSIONER NEW? >> MR. CHAIRMAN, I'M GOING TO READ A BOOK. >> OKAY. [ LAUGHTER ] >> HE WAS A SIMPLY AWFUL PUBLIC SPEAKER, STIFF, UNSMILING, A READER WHO MADE RARE EYE CONTACT WITH HIS AUDIENCE AND WHOSE DELIVERY FORESOOK ANYTHING IN THE WAY OF REFLECTION OR DRAMA YET HE FOUND HIMSELF GIVING ONE DINNER SPEECH AFTER ANOTHER. THIS IS A BIG "THE BIG ROADS" WRITTEN BY EARL SMITH. I AM GOING TO READ TWO PAGES OR SO TWO AND A HALF PAGES BECAUSE IT AMAZING THAT IN 1919, THE LOOK AT THE WAY TO DO ROADS IS VERY SIMILAR TO THE WAY IT IS IN 2021. SO I WANT TO SPEND THIS CHAPTER IS CALLED "OUT OF THE MUD." OKAY? YOU CAN IMAGINE WHAT LIFE WAS LIKE INITIALLY WITH AUTOMOBILES. OKAY? ANYWAY, IT IS ENGINEER McDONALD WHO BECAME THE SAY THE ENGINEER IN IOWA, THEN WAS CHOSEN TO BECOME THE FIRST NATIONAL ROAD PERSON. HEADING UP, BASICALLY, THE SECRETARY OF TRANSPORTATION AT THE TIME, KIND OF THING, OKAY? AND THE BIG ROAD ACROSS ALL OF THE COUNTRY WAS THE LINCOLN HIGHWAY. SO HIS AUDIENCE WERE EAGER TO LEARN HOW HE PROPOSE POD MEET THE SEEMINGLY INSAYABLE DEMAND IN THE PROJECT. THE FIRST 10 YEARS ON THE JOB STATE'S FIRST 900 REGISTERED AUTOS BALLOONED TO MORE THAN 110,000. MOTOR CARS RIFLED HORSE DRAWN VEHICLES IN DE MOINES AND OTHER BIG CITIES AND AIMS MOND ZUMA AND REMOTE CROSS ROADS. ALL OWNERS CRIED FOR BETTER ROADS. FARMERS ANTICIPATING THE BUNTSY OF SHOPPING SCHOOLS SHOPPING AND ENTERTAINMENT WAKING A FEW MILES AWAY AND URBAN AUTIST URGING TO RANGE FURTHER FROM HOME TO TOUR. OVER TIME, McDONALD ARRIVED AT A SOLUTION IF I WERE TO TRY TO IMPROVE ALL HIGHWAYS AT ONCE -- HERE WE GO, RIGHT? EXACTLY WHAT OUR WORLD IS -- IT WOULD HAVE SO LITTLE TO SPEND ON EACH IT MIGHT AS WELL DO NOTHING AT ALL. ANYTHING BUT THE MOST RUDEMENTARY MAINTENANCE WOULD BE OUT OF REACH. REAL PROGRESS DEMANDED HARD CHOICES. CLASSIFYING THE STATE'S ROADING BY IMPORTANCE. SPENDING THE STATE'S MONEY ONLY ON THOSE DEEMED PRIMARY ROADS AND LEAVING SECONDARY ROADS TO THE COUNTIES AND TOWNSHIPS TO WORRY ABOUT. HOW WOULD I0AIANS DECIDE WHICH ROADS WERE PRIMARY? THE ANSWER ON HIGHWAY COMMISSION LED BY ANSTON MARSTON WAS OBVIOUS BY THE HIGHWAY THEY CARED. A SIMPLE APPROACH WOULD KEEP THE CHOSEN ROADS AND KEEP HIGHWAY FINANCING AMONG THE REACH OF POLITICS. THAT'S NOT TRUE ANYMORE. IOWA HAS ESTIMATED HIGHWAY 102,000 MILES OF PUB LIKE HIGHWAY BUT THE PRIMARY ROADS WOULD NOT EXCEED 10 TO 15% OF THIS AMOUNT, HE WROTE IN 1912 ARTICLE EXPLAINING 10 TO 15 THOUSAND MILES IT IS ESTIMATED EVERY TRADING POINT IN THE STATE WOULD BE REACHED FROM AT LEAST TWO DIRECTIONS BY MAIN-TRAVELED ROADS. OF COURSE, WE FOCUS A LOT ON RURAL TEXAS AND CONNECTING THINGS BECAUSE IT'S ALL SYMBOLOTIC. YOU HAVE TO GET THE GOODS TO MARKETING AND BACK AND TO MANUFACTURING. IT WAS THE STATEMENT. HE CARRIED THIS IDEA AND IMPORTANT STEP FURTHER NOTING THE CROSS-COUNTY ROADS WHICH WOULD FORM THE PRIMARY SYSTEM OF ANY ONE COUNTY WOULD BE SO DETERMINED AS TO JOIN WITH THE PRIMARY SYSTEM, THE 5 TO 10 OR 15% OF ROADS, O O OF THE BORDERERRING COUNTIES AT GREAT ROAD AT LINCOLN HIGHWAY DEDICATION. IF YOU THINK ABOUT IT, IT WAS SO SIMILAR. THE THOUGHT PROCESS IS THE NEEDS FROM THE VERY BEGINNING AS TO WHAT WE'RE DOING 100 YEARS LATER. AND SO THIS HAS BEEN PRETTY INTERESTING. I'M GOING TO GIVE YOU ONE MORE LITTLE PART OF THIS. NOW, HE'S AT THE NATIONAL LEVEL. HE'S TRYING TO DO A CROSS-COUNTRY ROAD. AND IT IS THE LINCOLN HIGHWAY PROJECT. AND SO HE WAS APPROACHED AND HE SAYS, AMONG THE WARMEST LETTERS WAS HENRY JOYS. I BRING THIS UP BECAUSE YOU KNOW WE, I THINK WE THINK OF THE INTERSTATE SYSTEM AS BEING SOMETHING DONE -- THOUGHT OF AND DONE IN THE '50s AND THAT KIND OF THING. I THINK MAYBE THIS IS WHERE THAT THOUGHT PROCESS STARTED. SO I'LL SHARE THIS. AMONG THE WARMEST LETTERS WAS HENRY JOYS. YOU HAVE A HARD FIGHT IN IOWA THE PACKARD CHIEF WROTE ON APRIL 2nd, THE FRUITS OF YOUR EFFORTS WILL BE COMING TO PEOPLE OF IOWA DURING GENERATIONS TO COME. THE SECOND HALF OF THE NOTE WAS DEVOTED TO SIDE ABOUT THE LINCOLN HIGHWAY. YOU MAY BE AMUSED I'M TRYING TO BRING ABOUT A TRIP TO PACIFIC COAST OF ARMY TRUCK TRAIN HE WROTE JUSTIFYING OBVIOUS LISSITY STUNT WITH THE ARGUMENT IT'S IMPORTANT FOR THE MILITARY BRASS HATS TO KNOW WHETHER THEY COULD DRIVE SUPPLIES TO THE WEST COAST PORTS AS THEY HEAD TO THE ATLANTA DURING WORLD WAR 1. IF THE ARMY WOULD START THREE LOADED TRUCK TRAINS ACROSS THE COUNTRY, HE WROTE, ONE FOR THE NORTHWEST COUNTRY, WASHINGTON AND OREGON, ONE FOR SAN FRANCISCO BAY AREA, ONE FOR LOS ANGELES AND SOUTHERN CALIFORNIA AREA, AND MAKE THE REPORTS PUBLIC, OUR PEOPLE, AS A WHOLE, WOULD HAVE A RELIABILITY PICTURE. HE CLOSED THE LETTER, MORE POWER TO YOU. McDONALD, ENGINEER McDONALD REPLIED HE LOOKED FORWARD TO WORKING WITH JOY AND WAS MUCH INTERESTED IN THE TRUCK PROJECT. IN FACT, HE ADDED, IF IT SEEMED POSSIBLE TO SPEND THE TIME NECESSARY I WOULD FEEL BETTER PREPARED TO UNDERTAKE THE WORK AT WASHINGTON AFTER JUST SUCH A TRIP. AS IT HAPPENED, JOY WAS PERSUASIVE AND THE ARMY DID SEND A CONVOY OF ITS TRUCKS ACROSS THE COUNTRY FROM WASHINGTON TO SAN FRANCISCO ON THE LINCOLN HIGHWAY THAT SUMMER AMONG THE OFFICERS ASSIGNED TO THE MISSION WAS A YOUNG LT. COLONEL NAMED EISENHOWER. NOW YOU KNOW THE REST OF THE STORY. [ LAUGHTER ] >> WELL, WE ALL ENJOYED STORY TIME! BUT -- [ LAUGHTER ] [ OFF MIC ]. >> BUT -- BUT I'LL TELL YOU, I THINK IT IS, KIND OF SETS THE STAGE FOR THE IMPORTANT WE ARE GOING TO HAVE LATER TODAY ON ETP. THANK YOU FOR BRINGING THAT INSIGHT. COMMISSIONER RYAN? >> YES, GOOD MORNING. JUST NEEDED TO BRING POPCORN AS I SAID EARLIER. THANK YOU, CHARM. I DO HAVE A COUPLE OF ITEMS ON VARYING SUBJECTS TODAY. FIRST, I WOULD LIKE TO TAKE A MINUTE AND ADDRESS TWO REALLY HORRIFIC DEATHS OF TWO HARRIS COUNTY LAW ENFORCEMENT OFFICERS RECENTLY. THE FIRST CORPORAL CHARLES GALLOWAY SHOT AND KILLED DOING A ROUTINE TRAFFIC STOP AND THE SUSPECT, ONCE HE PULLED HIM OVER, THE SUSPECT GOT OUT AND SHOT HIM ON SITE. THE SECOND, A HARRIS COUNTY SHERIFF, HARRIS COUNTY RAMONE GUITERREZ KILLED BY HIT-AND-RUN DRIVER WHILE WALKING OFF-DUTY ESCORT SERVICE. THE DRIVER DID NOT STOP AND LATER CHARGED WITH INTOXICATING MANSLAUGHTER AND FAILURE TO STOP AND RENDER AID AND EVADING. BOTH OFFICERS LEAVE BEHIND A FAMILY AND DIED IN THE LINE OF DUTY WHILE ENFORCING OUR TRAFFIC LAWS AND WORKING TO KEEP OUR ROADS SAFE. FOR MANY OF YOU YOU THOUGH WE WORK WITH THE THREE E.'S EDUCATION ENGINEERING AND OUR DEPARTMENT MANAGINGS THE STRATEGY FOR THE ROADWAY SYSTEM. THEY WERE DOING THEIR JOB TO KEEP OUR ROADS SAFE. TO THE FAMILIES WANT TO SAY THANK YOU. TO THE PUBLIC DO MORE TO KEEP THEM SAFE AND BE APPRECIATIVE AND DO WHAT YOU CAN TO MAKE THEIR JOB EASIER. I DIDN'T WANT TO GO WITHOUT MENTIONING WE GOT HIT HARD IN HARRIS COUNTY RECENTLY. SHIFTING GEARS ON THAT, I WANTED TO TAKE A MINUTE AND RECOGNIZE OUR C.I.O. AND HER TEAM FOR WINNING I.T. EXECUTIVE OF THE YEAR AWARD. I KNOW I CAN SPEAK FOR ALL OF US WHEN I SAY THE AWARD IS MUCH-DESERVED. I KNOW SHE WOULD AGREE ANY GREAT LEADER IS ONLY AS GOOD AS THEIR TEAM THAT SUPPORTS THEM. TO HER AND THE I.T. TEAM CONGRATULATIONS. I'VE KNOWN ANNE A WHILE AND IT'S GREAT HAVING HER ON THE TEAM. I CAN TELL YOU I NEVER QUESTIONED THE DECISION-MAKING WITH REGARD TO I.T. AFTER THE PICTURE I QUESTION WHO SHE CHOOSES TO HANG OUT A LITTLE BIT. [ LAUGHTER ] BUT TO THAT, WE ALL HAVE OUR WEAK POINTS, SO. TO JAMES, HE SENT ME THIS PICTURE. I THINK HE WAS PRESENT. IT WAS GOOD TO HEAR FROM HIM AND GOOD TO SEE HIM IN THE PICTURE THAT HE WAS ABLE TO SEND WITH ANNE AND BRYAN. ANNE, CONGRATULATIONS. SHIFTING GEARS, ALSO, ON ANOTHER VARYING TOPIC. I WANT TO GIVE A BIG SHOUT-OUT TO H.R. AND RECRUITING TEAM AND THE HOUSTON DISTRICT FOR TAKING THE TIME TO MEET WITH SENIORS AT ONE OF THE HOUSTON ARCHARTER SCHOOLS. YES, WHITE OAK CAMPUS. THE TX DOT TEAM SPENT TWO DAYS WORKING AND ENGAGING IN HIGH SCHOOL SENIORS ABOUT OUR ENGINEERING INTERN PROGRAMS BUT ALSO ABOUT THE WORK AND CAREER OPPORTUNITIES AT TxDOT. THAT WAS FASCINATING FOR A LOT OF THESE SENIORS AFTERWARDS. I HAPPEN TO PERMLY KNOW THE COUNCILOR ON STAFF, THE DIRECTOR THAT WORKS WITH THEM. AND THE FEEDBACK THAT I GOT FROM HER WAS THE KIDS WERE INAWE. ONE OF THE GENTLEMAN THAT CAME FROM THE HOUSTON DISTRICT BROUGHT A DRONE AND THAT GOT THEM REALLY ENGAGED. I WILL TELL YOU THAT OUR TECH OPPORTUNITIES, TECHNICIAN, AUTOMOTIVE TECH OPPORTUNITIES WERE INTRIGUING FOR A LOT OF THEM AND THEY WERE LOOKING FOR WHERE TO APPLY. I THINK THIS WAS A GREAT INITIATIVE. CAME OF CAME OFF THE CUFF AND GOT PUT TOGETHER. I WANT TO THANK OUR TEAM FOR TAKING THAT EXTRA STEP AND RING TxDOT WELL AND ENGAGING IN OUR YOUNG WORKFORCE AUDIENCE. THANK YOU FOR THAT. THE NEXT PICTURE IS A PICTURE OF OUR ROAD TO ZERO FUNDS IN ACTION. THIS IS A PICTURE OFF I-635 EAST IN DALLAS. I'M ALWAYS TORN BY THESE PICTURES BECAUSE I'M HAPPY THEY SAVED A LIFE, BUT I ALSO SEE PARTS OF OUR ROADWAY WHERE WE DON'T HAVE THESE BARRIERS AND REALIZE HOW MUCH WORK WE REALLY STILL HAVE TO DO. SO THIS, YOU CAN SEE HOW CLOSE THIS 18-WHEELER CAME TO HEADING INTO, YOU KNOW, TWO TO THREE LANES OF ONCOMING TRAFFIC. AND THIS WOULD HAVE BEEN A SIGNIFICANT CRASH WITH, DEFINITELY, I'M -- WOULD HAVE EXPECTED INJURIES AND, PROBABLY, SOME FATALITIES, BASED ON THE SIZE OF THE 18-WHEELER. THIS WAS ONE OF THE PROJECTS AND, AGAIN, ONE OF THE THINGS THAT TxDOT CONTINUES TO DO TO TRY TO KEEP OUR ROADS SAFER. AND I, AGAIN, AM APPRECIATIVE OF THE COMMISSION GIVING THOSE FUNDS AND THE TASK FORCE THAT PUT THESE PROJECTS IN PLACE. SO TO THAT END, WE ALSO HAVE A LOT OF WORK TO DO. LAST YEAR, WE SAW 14.7% INCREASE IN YEAR-OVER-YEAR DEATHS ON OUR ROADS WHICH WAS THE LARGEST PERCENTAGE INCREASE IN THE PAST 10 YEARS. AND IT WAS THE SECOND DEADLIEST YEAR SINCE 1940, WHICH IS WHEN WE STARTED TRACKING FATALITIES ON OUR ROAD. IN 2021, 4,472 LOVE ONES DIED ON OUR ROADS. AGAIN, THE IS NOT JUST A NUMBER, THESE ARE FAMILY MEMBERS AND FRIENDS. EVERYONE THAT DIED ON OUR ROADS LAST YEAR IS BEING MISSED THIS MORNING BY SOMEONE THAT LOVED THEM. THE AVERAGE YOU SEE THIS, 12.3 DEATHS THAT OCCURRED EVERY YEAR LAST YEAR. UNFORTUNATELY, THIS NUMBER MAY STILL INCREASE AS OVER THE NEXT COUPLE OF WEEKS WE'LL CONTINUE TO RECEIVE DATA FROM OUR LAW ENFORCEMENT AGENCIES THAT SEND THIS INTO US, BASED ON THE CRASHES. THE TOP THREE CONTRIBUTING FACTORS THAT WE KNOW FOR THE DEATHS OF LAST YEAR WERE FAILURE TO STAY IN A SINGLE LANE; DRIVING UNDER THE INFLUENCE OF ALCOHOL; AND FAILURE TO CONTROL THE SPEED. THIS DATA IS PROVIDED TO US BY THE LAW ENFORCEMENT AGENCY AND OFFICERS THAT INVESTIGATED THE SCENE OF THE CRASH AT THE TIME OF FATALITY. NOT ASSESSED BY TxDOT STAFF. HOWEVER EACH MONTH EACH DIVISION REVIEWS EVERY FATALITY REPORT THAT OCCURRED IN THE DISTRICT. THEY GO THROUGH IT WITH A FINE TOOTH COMB AND THROUGH IT VERY INQUISITIVE HOW IT HAPPENED AND HOW WE CAN DO BETTER. THEY DID LOOK FOR WAYS TO ENSURE WE BUILD A MORE FORGIVING TRANSPORTATION SYSTEM. THEY ACT AT ONCE AT ANYTHING LOW-HANGING AND GLARING AND ACT AT ONCE TO DETERMINE WHAT SO WE CAN GET THE PROCESS MOVING. THIS PROCESS LED TO IMPROVEMENTS WHAT INFORMATION WE CHOOSE AND WE NEED FROM THE SCENE OF THE ACCIDENT, OR THE CRASH AND THE FATALITY. IT HELPS US UNDERSTAND WHAT WE NEED TO DO. OUR DISTRICT ENGINEERS AND OUR SAFETY TASK FORCE SAFETY DIVISIONS ALSO WILL GO TO THE SITE TO BETTER UNDERSTAND AND BE BOOTS ON THE GROUND TO UNDERSTAND WHAT THEY NEED TO CHANGE. THIS HAPPENS EVERY MONTH. AND EVERY TxDOT DISTRICT. I SAT IN ON THESE MEETINGS TO TRY TO HELP UNDERSTAND MY EDUCATION ON OUR PROCESS. AND ALSO, WHAT GOES INTO MAKING OUR ROADS SAFER. I SAY THIS BECAUSE I KNOW WE ARE DOING A LOT. BUT I ALSO KNOW THAT WE NEED TO DO MORE. WE NEED TO CONTINUOUSLY IMPROVE ALL AREAS AND DEVELOP INITIATIVE -- INNOVATIVE SOLUTIONS REDUCING FATALITIES TO ZERO BY 2050 IS GOING TO TAKE ALL OF TEXAS, FOCUSING ON EVERY OPTION WE HAVE POSSIBLE AND AVAILABLE TO US. AND EXPLORING OUT-OF-THE BOX SOLUTIONS. COMBINED THIS IS MY DEFINITION OF WHAT SHARED RESPONSIBILITY AND SHARED ACCOUNTABLITY LOOKS LIKE. THE NEXT SLIDE, THESE ARE HEADLINES THAT WE PULLED RECENTLY THAT HIGHLIGHT WHY WE BELIEVE, WHY I BELIEVE THAT DRIVER BEHAVIOR IS ONE OF THE CAUSES AND WHY WE SAY DRIVER BEHAVIOR IS ONE OF THE CAUSES OF FATAL CRASHES, BUT DRIVER BEHAVIORS ALSO ONE OF THE SOLUTIONS TO HOW WE ELIMINATE FATAL CRASHES. THESE HEADLINES TELL THE STORY OF DRIVER BEHAVIOR AND DRIVER'S DIVISION, BEING A CONTRIBUTING FACTOR TO THE INCREASE ON FATALITIES ON THE ROADWAYS LAST YEAR. THIS IS NOT BLAME. THESE ARE FACTS THAT NEED TO BE ACKNOWLEDGED, ADDRESSED, AND CHANGED SO THANK WE CAN BRING MORE LOVED ONES HOME. LET ME SHARE JUST A FEW NUMBERS THAT ACTUALLY SUPPORT OUT OF ALL OF THE FATALITIES THAT HAPPENED LAST YEAR THEY'RE BROKEN INTO CATEGORIES SO WE CAN START TO DISSECT AND BETTER UNDERSTAND WHAT THE CAUSE IS. IN 2019, 1,216 PEOPLE DIED IN CRASHES, WHERE SPEEDING WAS REPORTED AS A CAUSE OF THE FATALITY. THAT'S TWO YEARS AGO, 2019. IN 2021, 306 MORE LOVED ONES DIED ON OUR ROADS FOR A TOTAL OF 15,022 DUE TO SPEED. THE DECISION TO EXCEED A POSTED SPEED LIMIT IS A DRIVER DECISION. WE NEED MORE DRIVERS TO CHANGE THEIR BEHAVIOR AND ADHERE TO THE POSTED LIMITS FOR THEIR OWN SAFETY AND TO HELP US TURN THIS TREND AROUND. ANOTHER EXAMPLE OF A DRIVER DECISION, IN 2019, WE HAD -- WE LOST 926 PEOPLE THAT DIED IN CRASHES THAT WERE NOT WEARING A SEAT BELT. AND THAT WAS REPORTED AS THE CAUSE OF THE FATALITY. LAST YEAR, 293 MORE PEOPLE DIED ON OUR ROADS, A TOTAL OF 1,219, DUE TO BEING UNRESTRAINED. THE DECISION TO NOT BUCKLE UP OR TO UNBUCKLE WHILE DRIVING IS A DRIVER'S DECISION. WE NEED MORE DRIVERS TO CHANGE THEIR BEHAVIOR AND BUCKLE UP. EVERY RIDER, EVERY RIDE FOR THEIR OWN SAFETY AND TO HELP US REDUCE FATALITIES AND END THE STREAK. YES, TxDOT CAN DO MORE. WE ACCEPT THAT RESPONSIBILITY. AND, YES, THE DRIVING PUBLIC CAN DO MORE. WE HOPE THAT EVERY D DRIVER IN TEXAS WILL JOIN US IN BEING PART OF THE SOLUTION. I'LL LEAVE YOU WITH THIS, DECISION TO SPEED OR NOT BUCKLE UP BASED ON THE STATISTICS I SHARED WITH YOU COMBINED DEATHS LAST YEAR ALONE, 2,110 FAMILY MEMBERS. THAT'S MORE THAN HALF THE FATALITIES ON THE ROADS LAST YEAR. DIFFERENT DECISIONS BY DRIVERS MAY HAVE SAVED UP TO SEVEN PEOPLE A DAY LAST YEAR; EVERY DAY. WE'LL CONTINUE TO DO EVERYTHING IN OUR POWER TO DESIGN, TO BUILD, AND DESIGN THE TRANSPORTATION SYSTEM THROUGH THE HEARING AND EDUCATION AND INNOVATION. HOWEVER, WE CAN NOT CONTROL THE DECISIONS DRIVERS MAKE BEHIND THE WHEEL. THIS IS WHY WE CONTINUE TO ASK THE DRIVING PUBLIC TO ACCEPT THE CHALLENGE OF HELPING US REDUCE THE NUMBER OF PEOPLE THAT DON'T COME HOME BY THE END OF DAY FOR HALF, FOR 2035. SO I MEAN, JUST WHEN YOU REALLY LOOK AT THE NUMBERS, AND THE CAUSES, JUST THOSE TWO FACTORS ALONE, WHICH ENGINEERING AND ROADS CAN'T CONTROL, YOU KNOW, WHAT SPEED A DRIVER CHOOSES TO GO AND IF THEY CHOOSE TO BUCKLE, BOTH OF THOSE ARE LAWS ON THE BOOKS. IT'S REQUIRED BY LAW YOU FOLLOW THE SPEED LIMIT AND YOU BUCKLE UP. WE REALLY NEED THE PUBLIC TO JOIN US IN THIS. THAT'S THE PLEA YOU'RE HEAR THIS YEAR SO NEXT YEAR YOU WON'T HEAR THE NUMBERS WE'RE LOOKING AT TODAY. THANK YOU. >> YOU WANT TO SUPPORT AND EMPHASIZE ONE PART OF WHAT COMMISSIONER RYAN JUST SAID. WHEN YOU THINK OF ZERO IN 2050 AND WHATEVER YOUR FEELINGS ARE ABOUT, THAT'S A LONG TIME FROM NOW, ZERO IS NOT A NUMBER, THE MATTER THAT, THAT SHE JUST STRUCK IS -- IS ATTAINABLE. HALF BY 2035. AND SHE JUST GAVE YOU JUST THROUGH TWO BEHAVIOR CHANGES HOW TO GET TO THAT NUMBER. AND IT WOULD BE IMPRESSIVE TO BE RUNNING HALF THE FATALITIES THAT WE HAVE. AND IT IS DOABLE. I JUST DRIVE HOME THE FACT THAT THIS IS NOT A PIPE DREAM. THIS IS -- THIS IS STUFF THAT CAN HAPPEN. CAN BE DONE. AND JUST WANT TO EMPHASIZE THAT POINT WITH COMMISSIONER RYAN. >> THANK YOU. >> I AGREE. AND I WOULD LIKE TO ADD MY THOUGHTS BECAUSE IT IS NOT ONLY BUCKLING UP, WE'VE ALL BEEN WORKING ON THIS. IT IS NOT ONLY TRYING TO CHANGE DRIVER BEHAVIOR ON BEING SURE THAT YOU'RE, YOU KNOW, YOU BUCKLE UP AS SOON AS YOU GET IN THE CAR, THE SPEED, YOU'VE TALKED ABOUT. I WANT TO EMPHASIZE, TOO, IT'S A SHARED RESPONSIBILITY. AND IT IS A PERSONAL RESPONSIBILITY OF ALL OF THE DRIVING PUBLIC ON THE DWIs, THAT'S A MAJOR PROBLEM, AND MORE AND MORE, I THINK DISTRACTED DRIVING LEADS TO MAJOR PROBLEMS. AND SO, YOU KNOW, WE'RE DOING WHAT WE CAN WITH THE FUNDING THAT WE'RE GIVEN ON THE SAFETY MEASURES. AND I'M REALLY PROUD OF WHAT WE HAVE DONE, AS A COMMISSION, AND I WANT TO THANK YOU, COMMISSIONER RYAN, FOR TAKING THE LEAD ON ALL OF THESE SAFETY INITIATIVES AND COMMISSIONER NEW FOR JUMPING IN AND BEING CO-CHAIR WITH COMMISSIONER RYAN ON THE SAFETY TASK FORCE. BUT AT THE END OF THE DAY, WE CAN ONLY, I MEAN, MONEY CAN -- MONEY THAT WE PUT INTO ENGINEERING INTO OUR PROJECTS WHICH WE ARE CONTINUING TO DO, CAN ONLY GO SO FAR. AND IT REALLY HAS TO -- WE HAVE TO TRY TO BRING THE MESSAGE TO THE DRIVING PUBLIC ABOUT THE IMPORTANCE OF THEIR OWN SAFETY AND THE SAFETY OF OTHERS. BECAUSE YOU ARE NOT ONLY PUT YOURSELF AT RISK BUT, YOU KNOW, IT IS HOW MANY PEOPLE ARE KILLED, AND END UP IN THE HOSPITAL BECAUSE SOMEONE DID SOMETHING IRRESPONSIBLE AND IT HAD CONSEQUENCES FOR SOMEONE THAT WAS TOTALLY INNOCENT. AND SO I THINK MESSAGING NEEDS TO GET BETTER. I THINK WE NEED TO TRY TO GET THE DRIVING PUBLIC TO JOIN US ON TRYING TO GET THE SHARED RESPONSIBILITY IN THIS BEHAVIOR PATTERN. SO, THANK YOU, COMMISSIONER RYAN, FOR BRINGING IT TO OUR ATTENTION. >> THANK YOU. >> AS YOU DO SO ELOQUENTLY. WELL, I JUST WANT TO SAY, WELCOME BACK. IT'S BEEN ABOUT SIX WEEKS SINCE WE HAD A COMMISSION MEETING. IT'S GOOD TO SEE YOU ALL. I TRUST EVERYTHING HAS BEEN GOOD IN THE INTERIM. AND WE HAVE A -- WE HAVE A BUSY DAY TODAY, AS YOU KNOW, WE'RE GOING TO NOT ONLY, THROUGH THE REGULAR COMMISSION MEETING THIS MORNING, WE'RE GOING TO HAVE A SPECIAL COMMISSION MEETING 2:00 TODAY. AND TOUCH UPON TEXAS CLEAR LANES AND CONGESTION RELIEF INITIATIVES WE'VE BEEN WORKING ON SINCE 2015 AS A COMMISSION. WELL, WE HAVEN'T BEEN THE ONLY ONES THAT HAVE KIND OF BEEN GONE. I KNOW OUR TxDOT STAFF HAS BEEN EXTREMELY BUSY, MARC, YOU, I KNOW BOTH MARC AND DEPUTY EXECUTIVE DIRECTOR RANDY HENDRIX ALSO REPRESENTED TxDOT IN THE TRAN RESEARCH BOARD IN WASHINGTON THIS MONTH. THANK YOU ALL FOR TAKING THE TIME TO BE THERE. IT IS VERY IMPORTANT TO KEEP THE DIALOGUE GOING WITH OUR FRIENDS IN WASHINGTON. AND OUR FRIENDS AT FHWA, AS WE CONTINUE TO MOVE FORWARD ON A NUMBER OF PROJECTS THAT WE NEED TO COORDINATE AND COLLABORATE WITH FHWA ON. AND THEN, I KNOW, MARC, YOU'VE BEEN BUSY GOING AROUND THE STATE AND TALKING ON A NUMBER OF TOPICS. LIKE TO HEAR MORE ABOUT THAT IN JUST A MINUTE. AND THEN, RANDY, I UNDERSTAND YOU SPOKE WITH OUR PARTNER AGC. WE CAN'T BUILD OUR ROADS WITHOUT THE MEMBERS OF ASSOCIATED GENERAL CONTRACTORS. SO THANK YOU FOR TAKING THE TIME TO DO THAT. AND THE TAG GROUP AND OTHERS. AND SO I JUST WANT TO, WANTED TO SAY, WE'RE GOING TO TALK ABOUT A VERY IMPORTANT TOPIC. AND WHEN COMMISSIONER NEW WAS READING FROM THE BIG DIG AND TALKING ABOUT HOW TO MUD, THE UTP, UNIFIED TRANSPORTATION PROGRAM. WE'RE GOING TO HAVE A VERY R ROBUST DISCUSSION TODAY ABOUT A VERY IMPORTANT AND HISTORIC AMOUNT OF FUNDING FOR OUR SYSTEM THROUGHOUT THE STATE OF TEXAS. IT'S KIND OF EXCITING OPPORTUNITY. I WANTED TO SAY, WE'LL HAVE THE TRANSPORTATION FORUM. IT KICKS OFF NEXT MONTH, WHICH WILL BE HERE IN JUST A COUPLE OF DAYS. BUT WE HAD THE TRANSPORTATION FORUM FOR 2022 IN SAN ANTONIO. AND WE HOPE MANY OF YOU THAT ARE HERE AND MANY OF YOU THAT ARE LISTENING THROUGHOUT THE STATE WILL JOIN US FOR THE TRANSPORTATION FORUM. AND WE LOOK FORWARD TO HAVING TWO DAYS OF REALLY GOOD, ROBUST CONVERSATIONS AROUND THE TOPIC OF TRANSPORTATION AND CONNECTING YOU WITH TEXAS. AND SPOILER ALERT, BUT I'VE ASKED COMMISSIONER NEW TO CONTINUE READING THE ENTIRE BOOK. [ LAUGHTER ] DURING THE TRANSPORTATION FORUM. SO WE -- WE MAY GO INTO THE WEE HOURS OF THE NIGHT. BUT IT WILL BE THRILLING, I ASSURE YOU! [ OFF MIC ]. >> OKAY. COMMISSIONER VAUGHN AND COMMISSIONER NEW, OKAY! [ LAUGHTER ] I LOVE TEAMWORK. TEAMWORK! THERE YOU GO! SO YOU DON'T WANT TO MISS THIS TRANSPORTATION FORUM. BUT THANK YOU ALL AND WITH THAT, I'M GOING TO TURN IT OVER TO OUR EXECUTIVE DIRECTOR MARC WILLIAMS FOR YOUR OPENING REMARKS. THANK YOU, MARC. >> THANK YOU, MR. CHAIRMAN. S YOU MENTIONED WHEN WE WERE AT, IN WASHINGTON, D.C., ONE OF THE VISITS THAT I KNOW YOU WERE AWARE OF THAT I HAD WAS WITH THE WHITE HOUSE INFRASTRUCTURE DIRECTOR MITCH LANDRU. THERE WAS A PANEL OF STATE CEOs ALONG WITH THE AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS. HAD AN OPPORTUNITY TO SIT DOWN WITH DIRECTOR LANDRU I KNOW YOU HAD THE PAST RELATIONSHIP WITH THE MAYOR AND ABLE TO EMPHASIZE TEXAS IS READY AND WILLINGNESS TO MOVE FORWARD ON INFRASTRUCTURE OPPORTUNITIES THAT MAY COME FROM THE WHITE HOUSE. PARTICULARLY, DEALING WITH OUR RURAL TRANSPORTATION NEEDS, OUR TRADE AND SUPPLY CHAIN, AND LOOKING AT OPPORTUNITIES TO REDUCE AND STREAMLINE SOME OF THE ADMINISTRATIVE EFFORTS THAT GO ON TO GET THOSE FUNDS OUT THE DOOR. SO I THOUGHT IT WAS A VERY PRODUCTIVE VISIT IN WASHINGTON, D.C. A COUPLE WEEKS AGO. I WOULD ALSO LIKE TO BRIEFLY TOUCH ON SOME IMPORTANT NEWS THAT I HAVE BEEN RECENTLY SHARING IN SOME OF MY VISITS AROUND THE STATE WITH SOME OF OUR INDUSTRY PARTNERS. AND THAT IS, IN SPITE OF ALL OF THE OBSTACLES TxDOT AND OUR CONTRACTING COMMUNITY FACED OVER THE PAST TWO YEARS DEALING WITH COVID, SUPPLY CHAIN ISSUES, UNPRECEDENTED WINTER STORM, TxDOT'S CONTRACT EXPENDITURES WITH HISTORICALLY UNDERUTILIZED BUSINESSES OR H.U.B.S. WE REFER TO THIS ARE AT ALL-TIME HIGH. THAT'S GOOD. PERSPECTIVE, 2016 TxDOT SPENT $545 MILLION OR 7.2% OF OUR CONTRACTING DOLLARS SPENT DURING 2016. THAT WENT TO HISTORICALLY UNDERUTILIZED BUSINESSES. $545 MILLION. THIS LAST YEAR, IN 2021, THAT FIGURE GREW TO $1.25 BILLION. THE FIRST TIME WE'VE EVER GONE OVER $1 BILLION, IN TERMS OF OUR H.U.B. SPEND. THAT WAS ALSO REFLECTED 11.8% OF OVERALL SPEND. NOT ONLY DID THE DOLLAR VOLUME INCREASE BUT OUR PERCENTAGE OF THAT, OUR OVERALL SPEND THAT WAS GOING TO HISTORICALLY UNDERUTILIZED BUSINESSES INCREASED AS WELL. AND SO I WOULD LIKE TO THANK, YOU KNOW, OUR DISTRICTS, DIVISIONS, ESPECIALLY MICHAEL BRYANT AND OUR TEAM WITH THE CIVIL RIGHTS DIVISION THAT WORKED REALLY HARD TO ASSIST AND SUPPORT OUR HISTORICALLY UNDERUTILIZED BUSINESSES AS WELL AS OUR CONTRACTOR PARTNERS FOR THE HARD WORK THAT THEY'VE PUT IN TO EXPAND OPPORTUNITIES FOR WORK WITH TxDOT AND HELP US IMPROVE AND MAINTAIN OUR STATE'S TRANSPORTATION SYSTEM. CHAIRMAN, THANK YOU VERY MUCH FOR THAT OPPORTUNITY. >> THANK YOU. WE SHOULD ALSO MENTION SENATOR ROYSE WEST IS FRONT AND CENTER WORKING WITH TxDOT AND THE H.U.B. PROGRAM AND WE APPRECIATE HIS HELP AND FOCUS ON ALL OF THESE THINGS. WITH THAT, WE'LL TURN BACK TO THE AGENDA. AND WE WILL NOW CONSIDER THE APPROVAL OF THE MINUTES FROM THE DECEMBER 9, 2021, REGULAR MEETING OF THE TEX TRANSPORTATION COMMISSION. MEMBERS THE DRAFT MINUTES HAVE BEEN PROVIDED TO YOU, MAY I HAVE A MOTION TO APPROVE THE MINUTES OF DECEMBER 9, 2021, REGULAR MEETING OF THE TEX TRANSPORTATION COMMISSION. >> SO MOVED. >> THANK YOU, COMMISSIONER VAUGHN. MAY I HAVE A SECOND? THANK YOU, COMMISSIONER NEW. ALL IN FAVOR PLEASE SAY "AYE." >> AYE. >> ANY OPPOSED IN MOTION PASSES UNANIMOUSLY. WITH THAT, I'LL TURN IT TO MARC FOR WORKING THROUGH OUR BUSINESS TODAY. THANK YOU. >> ALL RIGHT. THANK YOU, CHAIRMAN. ITEM 3 IS IS RESOLUTION HONORING AND ACKNOWLEDGING RETIRING BEXAR COUNTY JED NELSON WOLFF FOR OVER 50 YEARS OF PUBLIC SERVICE TO IMPROVING TRANSPORTATION IN TEXAS. CHAIRMAN, I BELIEVE YOU WERE WANTING TO PRESENT THIS ITEM? >> WELL, THANK YOU, MARC. FIRST, I WANT TO THANK THE FELLOW COMMISSIONERS IN RECOGNIZING COUNTY JUDGE NELSON WOLFF. FOR OVER 50 YEARS OF DISTINGUISHED SERVICE TO THE PEOPLE OF TEXAS WHILE SERVING IN TEXAS HOUSE OF REPRESENTATIVES SEX SENATE AND SAN ANTONIO CITY COUNSEL AND MAYOR OF SAN ANTONIO AND CURRENTLY AND MANY YEARS SERVING AS COUNTY JUDGE OF BEXAR COUNTY, TEXAS. JUDGE WOLFF IS NOT HERE TODAY BUT WE AROUNDED TO HAVE IT PRESENTED IN FRONT OF HIS HOME CROWD TOWN IN SAN ANTONIO. HOWEVER, THIS MORNING, I WANT TO BRIEFLY RECOGNIZE THE SERVICE TO THE PEOPLE IN THE ROOM, THE PEOPLE OF SAN ANTONIO, AND THE PEOPLE OF THE STATE OF TEXAS AS THE COMMISSION PRESENTS THIS RESOLUTION. AS MANY OF YOU KNOW, JUDGE WOLFF ANNOUNCED LAST YEAR, WHILE SERVING HIS FIFTH TERM AS COUNTY JUDGE, THAT HE WOULD NOT SEEK RE-ELECTION THIS YEAR. MANY OF YOU IN THIS ROOM HAVE WORKED WITH JUDGE WOLFF AT SOME POINT DURING THIS LONG AND DISTINGUISHED CAREER AS A PUBLIC SERVANT. WHILE TRANSPORTATION WAS JUST ONE OF THE MANY IMPORTANT POLICIES JUDGE WOLFF WORKED ON DURING HIS VAST CAREER IT WAS A FOCUS THAT HE IS WELL-KNOWN FOR. THIS IS EVIDENT BY JUDGE WOLFF BEING AWARDED TWO OF THE MOST PRESTIGIOUS TRANSPORTATION AWARDS GIVEN OUT IN THE STATE OF TEXAS. IMIN 200 IS 6 JUDGE WOLFF THE TEXAS ROAD HOUSE AWARD THE HIGHEST THE TEXAS COMMISSION GIVES TO INDIVIDUALS ACCOMPLISHING IMPORTANT TRANSPORTATION PROGRAMS. 2009, JUDGE WOLFF RECEIVED THE RUSSELL H. PERRY AWARD DURING THE TxDOT TRANSPORTATION SHORT COURSE. FOR HIS LEADERSHIP IN GAINING PUBLIC AWARENESS FOR THE NEED AND BENEFITS OF ADEQUATE HIGHWAY AND TRANSPORTATION FACILITIES IN THE STATE OF TEXAS. THESE TWO AWARDS HIGHLIGHT THE IMPORTANT ROLE JUDGE WOLFF HAD ON TRANSPORTATION IN THE STATE OF TEXAS AND SAN ANTONIO AND BEXAR COUNTY REGION. WITH THIS RESOLUTION WE THANK JUDGE WOLFF FOR HIS SERVICE OF TEXAS AND LOOK FORWARD TO PRESENTING THIS PERSONALLY AT THE FORUM NEXT MONTH. I WOULD LIKE TO OPEN IT UP FOR COMMENTS OR QUESTIONS FROM THE COMMISSIONERS? [ OFF MIC ]. >> OKAY. >> MUCH-DESERVED AWARD. LOOKING FORWARD TO THE PRESENTATION. >> RIGHT, RIGHT. WITH THAT. >> THANK YOU, CHAIRMAN. WE'LL MOVE FORWARD WITH THE ITEM 4 ARIZONA. THIS IS THE CONSIDERATION OF THE AWARD OF HIGHWAY IMPROVEMENT AND TRANSPORTATION FACILITIES CONTRACTS. OUR CONSTRUCTION DIVISION DIRECTOR DUANE MILLIGAN WILL MEANT THE ITEM. DWYANE? >> GOOD MORNING. THE HIGHWAY IMPROVEMENT CONTRACTS AND THE ROUTINE MAINTENANCE CONTRACTS SEPARATED INTO TWO MINUTE ORDERS WITH A COMBINED LETTING TOTAL OF $567.61 MILLION. WITH THE ADDITION OF LOCAL LET MAINTENANCE PROJECTS THAT TOTAL COMES TO $581.29 MILLION. AND THE TOTAL LETTING DOLLAR VOLUME FOR THE FISCAL YEAR TO DATE IS $3.01 BILLION OR 102.93% OF PLANNED $2.93 BILLION FOR THE PERIOD OF SEPTEMBER 2021 THROUGH JANUARY 2022. ITEM 4A. FOR THE CONSIDERATION OF AWARD OR REJECTION OF HIGHWAY IMPROVEMENT LET PROJECTS JANUARY 6 AND 72022. WE PRESENT 78 PROJECTS WITH AN OVERALL AVERAGE 4.19 BIDS PER PROJECT AND LOW BID VALUE APPROXIMATELY $515.42 MILLION AND OVERALL OVERRUN 10.67%. THE JANUARY 2022 PROJECTS ARE CATEGORIZED DUNNER THE FOLLOWING PERFORMANCE AREAS: PAYMENT PRESERVATION $247.27 MILLION. CONGESTION REDUCTION $133.19 MILLION. SAFETY, $62.63 MILLION. ENHANCED CONNECTIVITY $39.83 MILLION. BRIDGE PRESERVATION AT $32.51 MILLION. BASED ON THE CROSSWALK OF THE 515.42 MILLION ON THIS MONTH'S LETTING, $62.63 MILLION DIRECTED RELATED TO SAFETY. BUT IN LOOKING AT PROJECTS OVERALL, EVERY PROJECT DOES HAVE VARIOUS SAFETY ASPECTS INVOLVED. THERE ARE NINE PROJECTS OUTOUTSTANDING RIGHT OF WAY UTILITY OR RAILROAD C I ISSUES. FOUR NEXT MONTH ON TWO THE NEXT MONTH. THE STAFF RECOMMENDS AWE PROVE WITH THE EXCEPTION DALLAS PROJECT SPT2022 (386) MM. JOB NUMBER 3235. TWO BIDS SUBMITTED FOR A A + B PROJECT. THE LOW BID WAS 109.9% OVER THE A.-PART CORRESPONDING TO THE ENGINEER'S ESTIMATE. THE EXTENSION OF CLYDE WARREN PARK DECK PLAZA OVER WILL ROGERS FREEWAY IN DALLAS FROM WEST OF AKRON STREET. THE MAJORITY OF ESTIMATES WERE PRE-ESTIMATES CROSS BEAMS AND FIRE LIFE AND TROUBLE RELATED ITEMS CONTRIBUTED TO THE YOUR RUN. THE DISTRICT INDICATED MANY UNIQUE BID ITEMS WERE CREATED FOR THE PROJECT THERE WAS NO EXISTING PRICE HISTORY AT WHICH TO BASE THE ESTIMATES. THE CITY OF DALLAS IS UNABLE TO FUND THE BIDDING OVERRUN. THE CITY REQUESTED THE OPPORTUNITY TO WORK WITH THE LOCAL GOVERNMENT TO REDUCE THE PROJECTS GO AND COST AND PREPARE FOR A RELET. WE CONCUR AND THEREFORE RECOMMEND THE PROJECT BE REJECTED AND REET LATER. JONES COUNTY PROJECT NUMBER BR2022 (244) JOB NUMBER 3213, ONE BID SUBMITTED FOR THIS PROJECT WHICH WAS 38.48% OR $1,09,85.15 OVER THE ENGINEER'S ESTIMATE. THIS PROJECT IS FOR THE REPLACEMENT OF THE FM 707 BRIDGE AND APPROACHES BEAR CREEK NORTHWEST OF ABILENE. THE BID ITEMS FOR CONSTRUCTING DETOURS AND RIGHT OF WAY MOBILIZATION CONTRIBUTED MOST SIGNIFICANTLY TO THE OVERRUN. LOW BID CONTRACTORS CITED PRIOR EXPERIENCE WITH SIMILAR SITE CONDITIONS COMPLICATION RESULTING FROM THE ON SITE DETOUR AND LABOR ISSUES AS CONTRIBUTING FACTORS. THE DISTRICT DOES NOT FEEL THAT ONE BIDDER REPRESENTS ADEQUATE COMPETITION AND HAS REQUESTED THE OPPORTUNITY TO REVISE THE PLANS TO REMOVE THE DETOUR AND CLOSE THE ROAD DURING CONSTRUCTION IN AN ATTEMPT TO ATTRACT MORE BIDDER PARTICIPATION AND OBTAIN A BETTER VALUE FOR THE DEPARTMENT. WE CONCUR AND THEREFORE RECOMMEND THE PROJECT BE REJECTED AND RELET LATER. I WILL BE HAPPY TO ANSWER ANY QUESTIONS THE COMMISSION MAY HAVE AT THIS TIME. >> COMMISSIONERS, ARE ANY REMARKS OR QUESTIONS FOR DIRECTOR MILLIGAN? >> JUST A VERY QUICK REMARK. THIS ONE WITH ONE BID IN JONES COUNTY IS, IS NOT REALLY A RURAL, IT'S VERY CLOSE TO ABILENE, TEXAS. SO I JUST WANT TO -- I CONSISTENTLY SAY IF IT'S ONLY ONE BID AND IT'S REALLY RURAL, ARE WE REALLY DOING THIS THE WAY WE SHOULD? AND I JUST WANT TO, IN THIS CASE, SAY THERE WAS ONE BID, BUT IT IS NOT -- IT DOESN'T MEET THE REST OF THE CRITERIA FOR MY NORMAL CONCERNS. SO. >> OKAY. THANK YOU FOR THAT CLARIFICATION. COMMISSIONER RYAN? >> CHAIRMAN, YES. ONE, ONE PIECE OF INFORMATION TO SHARE, CLARIFICATION, AND THEN ALSO A QUESTION ON THE MANAGEMENT PLANS, THE TWO. THE QUESTION I HAD ON THE ROAD TO ZERO PROJECT THAT WAS LET THIS MONTH IS PREVIOUSLY, WE HAD SHARED THAT ALL PROJECTS HAVE BEEN LET AS OF AUGUST AND THAT THE FUNDS HAD BEEN ALLOCATED. WHAT STAFF LEARNED WAS THAT THERE WERE UNDERRUNS, BASED ON PROJECT ESTIMATES AND THAT MONEY WAS, BASICALLY, COLLECTED BACK UP. WHICH I APPLAUD STAFF AND ON DOING THAT, AND THEN PUT BACK OUT FOR ADDITIONAL PROJECTS. SO AS WE CONTINUE TO HEAR WHERE ROAD TO ZERO PROJECT WAS LET, THOUGH WE SAID EARLIER IT WAS DONE, WE WENT THROUGH THE FULL SCOPE OF $600 MILLION BUT ARE KEEPING THAT MONEY FOR THAT PURPOSE. I WANTED TO MAKE SURE THE FULL COMMISSION WAS AWARE OF THAT, ALSO, THE PUBLIC, IT KIND OF CONTRADICTS SOMETHING WE SAID BEFORE. THAT'S GREAT. THAT WILL PUT MORE OUT. HOPEFULLY, WE'LL SEE GOOD OUTCOME FROM IT. THE QUESTION I HAVE ON THE MANAGEMENT PLAN CAN YOU TELL ME THE TIMEFRAMES AND CAUSE OF IT SO WE KNOW WHEN IT WILL BE REMEDIED? >> OKAY. WE HAVE TWO MANAGEMENT PLANS ONE IN THE COUNTY FOR HIGHWAY 304. THAT PROJECT HAS OUTSTANDING UTILITIES, PLAN TO BE CLEARED IN JANUARY 31st OF 2022. A RAILROAD AGREEMENT EXECUTED BY JUNE 20TH OF 2022. AND SECONDLY, THE SECOND PLAN IS IN NACOGDOCHES COUNTY STATE HIGHWAY 21 THAT IS DUE TO BE CLEARED JUNE 20, 2022. >> SO WE'VE BUILT IN THE TIMEFRAME THAT IT WON'T DELAY THE CONSTRUCTION OR TIME WITH THE CONTRACTS? >> THAT'S CORRECT. >> WITH THE SIX MONTHS? >> COUNTY. >> GREAT, THANK YOU. >> ANYTHING ELSE? >> NO, SIR. IF YOU LIKE, YOU CAN TAKE THAT IN THE FORM OF A MOTION. >> GOOD. I WILL ACCEPT THAT. THANK YOU. SO COMMISSIONER RYAN HAS MOVED. MAY I HAVE A SECOND? >> SECOND. >> ALL IN FAVOR PLEASE SAY "AYE." >> AYE. >> AYE. >> ANY OPPOSED? MOTION PASSES UNANIMOUSLY. WE'LL TURN TO ITEM 4B. >> DIRECTOR MILLIGAN PLEASE CONTINUE WITH ITEM 4B THE CONSIDERATION OF ROUTINE MAINTENANCE CONTRACTS. >> ITEM 4B IS FOR THE CONSIDERATION OF THE AWARD OR REJECTION OF CONTRACTS FOR ROUTINE MAINTENANCE PROJECTS LET ON JANUARY 6 AND 7, 2022. WE PRESENT 43 PROJECTS WITH AN OVERALL AVERAGE OF 3.26 BIDS PER PROJECT. LOW BID VALUE APPROXIMATELY $52.19 MILLION WITH OVERALL UNDERRUN OF 1.8%. THIS DOES NOT INCLUDE ONE PROJECT THAT DID NOT RECEIVE ANY BIDS. STAFF RECOMMENDATION AWARD OF ALL ROUTINE MAINTENANCE PROJECTS WITH THE EXCEPTION OF THE FOLLOWING: EC TER COUNTY PROJECT RMC63953 98011 JOB 4217. TWO BIDS WERE SUBMITTED POR THIS PROJECT. THE LOW BID WAS 24.58% OR $143,285.25 UNDER THE ENGINEER'S ESTIMATE. THIS PRODUCT IS ROADWAY ILLUMINATION MAINTENANCE AND HAVE VARIOUS LOCATIONS THROUGH THE ODESSA DISTRICT. THE BID ITEMS FOR DRILLED SHAFTS INSULATED ELECTRICAL CONDUCTORS AND INSULATED TRAFFIC ARMS CONTRIBUTED TO THE MAJORITY OF UNRUN. THE DISTRICT IDENTIFIED ERRORS INCLUDING THE QUANTITIES AND LENGTH OF TRAFFIC SIGNAL ARMS AND THE CONTRACT TIME THAT WOULD MAKE IT DIFFICULT FOR THE WORK TO BE PERFORMED AS INTENDED WITHOUT PROCESSING SIGNIFICANT CHANGE ORDERS. THE DISTRICT HAS REQUESTED THE OPPORTUNITY TO REVIEW AND REVISE THE PLANS' ESTIMATES AND GENERAL NOTES TO CORRECT THESE ERRORS TO ENSURE ADEQUATE COMPETITION AND A GOOD VALUE FOR THE TAXPAYERS. WE CONCUR AND, THEREFORE, RECOMMEND THE PROJECTS BE REJECTED AND RELET LATER. FOR THE FOLLOWING THREE ROUTINE MAINTENANCE PROJECTS IN THE COUNTIES OF ECTER, JOB NUMBER 4216, LIVE OAK JOB NUMBER 4005 REEVES JOB 1418 THE DEPARTMENT IDENTIFIED IRREGULARITIES SURROUNDING THE BIDS; THEREFORE, WE RECOMMEND THE PROJECTS BE REJECTED IN THE BEST INTEREST OF THE STATE AND RELET LATER. ECTER COUNTY PROJECT RMC6383 65001 JOB 4216, THREE BIDS WERE SUBMITTED FOR THIS PROJECT. THE LOW BID WAS .98% OR $4,003.80 UNDER THE ENGINEER'S ESTIMATE ROADSIDE MOWING AND MANY LOCATIONS THROUGHOUT THE COUNTY. LIVE OAK COUNTY RMC THREE 9420001 JOB NUMBER 4005. TWO BIDS WERE SUBMITTED FOR THIS PROJECT. THE LOW BID WAS 11.97% OR $94,522.00 UNDER THE ENGINEER'S ESTIMATE. THIS PROJECT IS ROADSIDE MOWING AT VARIOUS LOCATIONS THROUGHOUT LIVE OAK COUNTY. REEVES COUNTY RMC639088001, JOB NUMBER 4218. THREE BIDS WERE SUBMITTED FOR THIS PROJECT. THE LOW BID WAS 2.86%. OR $9,988.00 UNDER THE ENGINEER'S ESTIMATE. THIS PROJECT IS FOR ROADSIDE MOWING AT VARIOUS LOCATIONS THROUGHOUT LOVING, REEVES, AND WART COUNTIES. I WILL BE HAPPY TO ANSWER ANY QUESTIONS THE COMMISSION MAY HAVE AT THIS TIME. >> THANK YOU. COMMISSIONERS, THERE ANY REMARKS OR QUESTIONS FOR DIRECTOR MILLIGAN? OKAY. HEARING NONE, MAY I HAVE A MOTION TO AWARD OR REJECT THE ROUTINE MAINTENANCE CONTRACTS LISTED IN EXHIBIT A TO THE MINUTE ORDER IN ACCORDANCE WITH STAFF RECOMMENDATIONS? >> SO MOVED. >> THANK YOU, COMMISSION NEW. >> SECOND. >> THANK YOU, COMMISSIONER VAUGHN. SECOND. ALL IN FAVOR PLEASE SAY "AYE." >> AYE? >> ANY OPPOSED. MOTIONS PASSES UNANIMOUS WILL YOU. WE'LL TURN TO ITEM 4C. >> THE CONSIDERATION OF THE BUILDING CONTRACTS FACILITIES PLANNING AND MANAGEMENT SECTION DIRECTOR WARREN ROSE WILL PRESENT THIS ITEM. >> YES, SIR. PRESENTING FOR CONSIDERATION IS THE AWARDING OF ONE BUILDING CONTRACT FOR TOTAL OF $8.8 MILLION, WHICH IS 4.3%, 4.63% LESS THAN THE ARCHITECT'S ESTIMATE $9.2 MILLION. WE RECEIVED A TOTAL OF FIVE BIDS FOR THE PROJECT. STAFF RECOMMENDS APPROVAL OF THE CONTRACT. I'M AVAILABLE FOR ANY QUESTIONS. >> COMMISSIONERS ARE THERE ANY REMARKS OR QUESTIONS FOR SECTION DIRECTOR ROSE? [ OFF MIC ]. >> HEARING NONE, MAY I HAVE A MOTION TO AWARD THE BUILDING CONTRACTS AS LISTED IN EXHIBIT A TO THE MINUTE ORDER IN ACCORDANCE WITH STAFF RECOMMENDATIONS? >> SO MOVED. >> THANK YOU, COMMISSIONER RYAN. THANK YOU, COMMISSIONER VAUGHN. SECOND. ALL IN FAVOR PLEASE SAY "AYE." >> AYE. >> ANY OPPOSED IN MOTION PASSES UNANIMOUSLY. THANK YOU. >> CHAIRMAN, ITEM 5 IS THE FINAL ADOPTION OF AMENDMENTS TO THE CHAPTER 16 RULES RELATING TO THE PLANNING AND DEVELOPMENT OF TRANSPORTATION PROJECTS. TRANSPORTATION PLANNING AND PROGRAMMING DIVISION DIRECTOR JESSICA BUTLER WILL PRESENT THIS ITEM. JESSICA? >> GOOD MORNING. >> GOOD MORNING. >> IN ITEM FOR THE FINAL ADOPTION OF PROPOSED MOI AMENDMENTS TO THE TEXAS ADMINISTRATIVE CODE RELATED TO THE PLANNING AND DEVELOPMENT OF PROJECTS. PROPOSED AMENDMENTS INCLUDED A JUSTMENTS TO CLARITY AND ALIGNMENT WITH CURRENT BUSINESS PRACTICES AND ALIGN WITH THE STAID WIDE TRANSPORTATION IMPROVEMENT PROGRAM KNOWN AS STEP AND MAJOR TRANSPORTATION PROJECTS. IN ADDITION, THE COMMISSION MAY CONSIDER AND OTHER PROGRAMMING WHEN SELECTING PROJECTS FOR CATEGORY 12. NO PUBLIC COMMENT WERE RECEIVED. STAFF RECOMMENDS APPROVAL OF THE MINUTE ORDER. >> COMMISSIONERS, ANY REMARKS OR QUESTIONS FOR DIRECTOR BUTLER? HEARING NONE, MAY I HAVE A MOTION TO APPROVE THE FINAL ADOPTION OF AMENDMENTS TO CHAPTER 16 RULES IN ACCORDANCE WITH STAFF RECOMMENDATIONS? >> SO MOVED. >> THANKS YOU, COMMISSIONER RYAN. THANK YOU, COMMISSIONER NEW. ALL IN FAVOR PLEASE SAY "AYE." >> AYE. >> ANY OPPOSED? MOTION PASSES UNANIMOUSLY, THANK YOU. >> DIRECTOR BUTLER PLEASE CONTINUE WITH ITEM 6 A DISCUSSION OF THE DRAFT UNIFIED TRANSPORTATION PROGRAM. >> ALL RIGHT. GOOD MORNING, AGAIN. I'M GOING TO ADDRESS THE DEVELOPMENT OF THE 2023 UNIFIED TRANSPORTATION PROGRAM. THE PRIMARY OBJECTIVE WILL BE TO DISCUSS A DRAFT DISTRIBUTION TO THE FUNDING CATEGORIES, BASED ON THE MOST RECENT PLANNING FINANCIAL FORECAST. WE ALWAYS LIKE TO START THE UTP DISCUSSION WITH A REMINDER TO EVERYONE THAT THE UTP IS NOT A STRICT BUDGET, NOR IS IT A GUARANTEE PROJECTS WILL BE BUILT. BUT IT IS USED TO GUIDE TRANSPORTATION PROJECT DEVELOPMENT OVER OUR 10 YEAR TIMEFRAME. THE UTP IS TxDOT 10 YEAR PLAN TO GUIDE TRANSPORTATION PROJECT DEVELOPMENT ACROSS THE STATE. AND AS NOTED WILL NOT A STRICT BUDGET UTP IS A PLAN TO AUTHORIZE TxDOT AND THE LOCAL PLANNING PROJECTS TO PREPARE PROJECTS FOR CONSTRUCTION BASED ON 10 YEAR CASH FORECAST THAT'S DISTRIBUTED ACROSS 12 CATEGORIES EACH COVERING A DIFFERENT TYPE OR SCOPE OF WORK IN ORDER TO BEST ACHIEVE THE TRANSPORTATION SYSTEM GOALS AND TARGETS. AS WE PROGRESS THE DEVELOPMENT OF THIS UTP, STAFF WILL CONTINUE TO COLLABORATE WITH OUR LOCAL PLANNING PARTNERS TO IDENTIFY PRIORITY PROJECTS AND NEEDS FOR OUR FINAL RECOMMENDATIONS WHICH WILL BE BACK IN FRONT OF THE COMMISSION TO DISCUSS THIS SUMMER. THIS GRAPHIC PROVIDES AN OVERVIEW OF THE ANNUAL PROCESS WE GO THROUGH TO DEVELOP AND UPDATE THE UTP. AS SHOWN ON THIS SLIDE, WE'RE AT THE STEP IN THE PROCESS WHERE WE HAVE RECEIVED UPDATED FINANCIAL FORECAST WE HAVE RUN SCENARIOS TO CONNECT THAT FORECAST TO ANTICIPATED PERFORMANCE OUTCOMES AND WE'RE HERE TODAY TO DISCUSS THE DISTRIBUTION STRATEGY AND POTENTIAL ADJUSTMENTS TO THE UTP, BASED ON CHANGES IN THE FORECAST. AS THIS GRAPHIC SHOWS, THERE ARE A NUMBER OF EVENTS LEADING UP TO AUGUST VOTE ON THE UTP. THIS IS AN ANNUAL PROCESS THAT INVOLVES MANY STEPS IN STAKEHOLDERS AS YOU CAN SEE ON THE SLIDE. SUBJECT TO YOUR GUIDANCE WE HOPE TO TAKE THE RESULTS OF TODAY'S DISCUSSION AND PROPOSE FOR PLANNING PURPOSES TO DEVELOP DRAFT PLANNING TARGETS FOR DISTRIBUTION TO THE NPOs IN OUR DISTRICTS. BETWEEN FEBRUARY AND MAY, WE'LL BE BRIEFING ADMINISTRATION AND THE COMMISSION ON THE PROJECT SCORING RECOMMENDATIONS FOR SELECTION. AND THEN, WE'LL BE GOING THROUGH PUBLIC INVOLVEMENT IN THE SUMMER AND WE'LL BE BACK IN FRONT OF THE COMMISSION AGAIN IN AUGUST FOR A POTENTIAL VOTE AND UTP. SO BEFORE WE DISCUSS THE PLANNING DISTRIBUTION STRATEGIES WE'D LIKE TO ASK STEPHEN STEWART OUR CFO TO COME UP AND PROVIDE INSIGHT INTO THE CHANGES TO THE FORECAST. >> THANK YOU, JESSICA. SO I WON'T WALK THROUGH ALL OF THESE ITEMS, BUT I DO WANT TO BRING FORTH SHOWING YOU THE UPDATE FROM THE PLANNING FORECAST. SO HERE YOU WILL SEE A SIGNIFICANT IMPROVEMENT OR INCREASE OF ABOUT $11.5 BILLION FROM THE PRIOR UNIFIED TRANSPORTATION PLANNING FORECAST. SO THERE HAVE BEEN SIGNIFICANT ACTIONS TAKEN BY THE LEGISLATURE AT BOTH THE FEDERAL AND THE STATE LEVEL. AND FOR THE LARGEST ITEM THAT YOU WILL SEE HERE, THERE'S A, AN $8 BILLION INCREASE TO FEDERAL ADDITIONS AND ADJUST THES $7.3 BILLION OF THAT IS RELATED TO THE INFRASTRUCTURE INVESTMENT AND JOBS ACT FOR THE LETTING PORTION OF THOSE FUNDS. AS WELL AS SOME ADDITIONAL FEDERAL DOLLARS THERE. YOU'LL ALSO NOTICE RELATED TO THE STATE LEGISLATIVE ACTIONS, YOU WILL SEE THERE'S ABOUT $1.1 BILLION RELATED TO THE TEXAS EMISSION REDUCTION PROGRAM TRANSFER THAT WILL COME BACK TO THE STATE HIGHWAY FUND FOR A PORTION OF THAT. AND ALSO BE, THE AUTHORIZATION OF THE TEXAS MOBILITY FUND FOR ABOUT $2.0 BILLION. HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE REGARDING THESE UPDATES. OTHERWISE, I'LL TURN IT BACK TO JESSICA FOR HER PRESENTATION. >> THANK YOU, STEPHEN. ALL RIGHT. SO EACH YEAR, WE TAKE THE PLANNING FORECAST THAT STEPHEN JUST TALKED ABOUT AND WE WORK THROUGH A CASCADING PROCESS TO DISTRIBUTE THAT INTO THE 12 DIFFERENT CATEGORIES. SO THIS LINE REALLY HELPS HIGHLIGHT SOME OF THE KEY DRIVERS AND STEP IN THAT PROPOSED PROCESS. FIRST, WE ADDRESS THE FEDERAL AND STATE PROGRAMS AND ADDRESS REQUIRED MINIMUM 'WE'RE PROJECTING INCREASE IN MOST FEDERAL PROGRAMS BASED ON ESTIMATES OF IAJJ. REGARDING CATEGORY 5 CONGESTION AND AIR QUALITY WE'RE PROPOSING TO MAINTAIN THE CATEGORY 5 LEVEL CONSISTENT WITH THE 2022 UTP OR FAST ACT. SORRY. UNDER IJA THE ELIGIBILITY FOR PROJECTS TO ADDRESS AIR QUALITY AND CARBON REDUCTION ARE ELIGIBLE UNDER MOST OF THE FEDERAL COR PROGRAMS SUCH AS TO DELIVER PROJECTS DELIVERING AIR QUALITY IN MOST UTP CATEGORIES MOVING FORWARD AND NOT JUST ISOLATED TO CATEGORY 5. IN ADDITION WE'RE WORKING WITH DISTRICTS AND MPOs ON UTILIZATION OF CATEGORY 5. MOVING FORWARD WE'RE PROPOSING TO KEEP THE STATE PROGRAMS AND SUB PROGRAMS CONSISTENT WITH THE PREVIOUS FUNDING LEVEL IN UTP WITH TWO NOTED EXCEPTIONS ON THE SLIDE. CATEGORY 10 WE'RE PROPOSING POTENTIAL INCREASES FOR THE FERRY PROGRAM TO HELP ADDRESS THE NEEDS IN HOUSTON AND CORP US DISTRICTS. IN ADDITION WE'RE PROPOSING INCREASE TO AMERICANS WITH DISABILITY ACT PROGRAM WHICH ADDRESSES MOBILITY, ACCESSIBILITY, AND PEDESTRIAN SAFETY. WE ADDRESS THE COMMISSION DISCRETION IN CATEGORY WITH A STATUTORY MAXIMUM. THERE'S PROPOSED INCREASE TO THE COMMISSION'S STRATEGIC PRIORITY TO ALIGN WITH THE BIENNIAL BUDGET. WE THEN FOCUS ON SYSTEM PRESERVATION AND SAFETY. WE ARE PROPOSING TO SUPPLEMENT BRIDGE AND SAFETY FUNDING BEYOND THE FEDERALLY REQUIRED MINIMUMS. THIS ADDITIONAL INVESTMENT TO SAFETY, WE'RE PROPOSING TO DISTRIBUTE ADDITIONAL FUNDS TO THE DISTRICT IN CATEGORY 11 TO ADDRESS SAFETY NEEDS AND THE ABILITY TO IMPLEMENT THE DISTRICT SAFETY PLANS. AT THE DISTRICT LEVEL. WE ARE PROPOSING TO INCREASE BOTH CATEGORY 1 AND CATEGORY 11 TO ADDRESS MAINTENANCE AND PRESERVATION NEEDS STATEWIDE. PART OF THIS INCREASE IS TO HELP ACCOMMODATE THE ACCELBRATIONS THAT HAVE BEEN TAKING PLACE OVER THE LAST YEARS INCLUDING THIS CURRENT YEAR FISCAL YEAR '22. ACCELBRATIONS WERE NEEDED TO HELP POSITION US TO OBLIGATE OUR FEDERAL FUNDS AND AID THE STATE IN REQUESTING ADDITIONAL CAPACITY THROUGH THE AUGUST REDISTRIBUTION PROCESS. SO SOME OF THE INCREASES YOU SEE ON THE NEXT SLIDE ARE TO HELP RECONCILE THAT. THE LAST STEP IN OUR PROCESS IS TO DISTRIBUTE THE REMAINDER TO MOBILITY AND CONNECTIVITY NEEDS. BEFORE I GO TO THE NEXT SLIDE, AND TALK ABOUT FUNDING LEVELS, JUST ANOTHER IMPORTANT NOTE REGARDING IJA. THERE'S STILL A LOT OF INFORMATION THAT IS NOT YET KNOWN. SO THE PROPOSED DISTRIBUTION YOU SEE IS BASED ON ESTIMATES FOR THE FEDERAL PROGRAMS. AND IN ADDITION, THERE ARE SEVERAL NEW PROGRAMS AND POTENTIAL CHANGES TO EXISTING PROGRAMS THAT WE'RE STILL WAITING ON DIRECTION AND REGULATIONS FOR. SO WHAT YOU SEE TODAY IS BASED ON WHAT WE KNOW TODAY. THERE MAY BE ADJUSTMENTS NEEDED IN FUTURE UTPs AS WE GET MORE INFORMATION. SO THIS SLIDE PROVIDES A COMPARISON OF THE PROPOSED FUNDING DISTRIBUTION TO THAT OF THE 2022 UTP. AND I'LL WALK THROUGH EACH CATEGORY AND HIGHLIGHT SOME DIFFERENCES. IN CAT 41 WE'RE INCREASE FUNDS TO ADDRESS PRESERVATION AND MAINTENANCE NEEDS TO ENSURE WE'RE KEEPING PACE WITH PRESERVATION AND MAINTENANCE NEEDS WE'VE ALSO INCORPORATED ANNUAL 2% GROWTH RATE. IN ADDITION, IN INCLUDES INCREASES FOR FISCAL YEAR 2023 TO HELP ADDRESS T THE ACCELBRATIONS THAT WERE TAKEN PLACE MENTIONED IN 2022. CATEGORY 2 AND 4 BOTH INCREASE IN 50% OF CATEGORY 4 FOR 2U IN PROPOSED AREAS AND INCREASE ARE FOR THE RURAL AREAS. MOVING TO CATEGORY 5. IT IS PROPOSED TO REMAIN CONSISTENT WITH THE 2022 UTP OR FAST ACT LEVELS AS EXPLAINED PREVIOUSLY. CATEGORY 6 IS PROPOSED TO GROW PROPORTIONATELY TO IUJA TO HELP PRESERVE BRIDGES AND SAFETY NEEDS. CATEGORY 7 A DIRECT FEDERAL PROGRAM AND INCLUDES PROPOSED INCREASE BASED ON ESTIMATES FOR IIJA. CATEGORY 8 PROPOSED TO GROW IN LINE WITH ESTIMATED LEVELS FOR IIJA. YOU WILL SEE WE'RE ALSO PROPOSING ADDITIONAL FUNDING FOR SAFETY TO BE ADDED TO CATEGORY 11. CATEGORY 9 IS OUR TRANSPORTATION ALTERNATIVES PROGRAM. IT IS ANOTHER DIRECT FEDERAL PROGRAM WHICH IS PROPOSED TO INCREASE IN PROPORTION TO IIJA. AND JUST FOR WITH REFERENCE, THIS PROGRAM ADDRESSES BICYCLE AND PEDESTRIAN INFRASTRUCTURE PROJECTS AS WELL AS ADDRESSES SAFE ROUTES TO SCHOOLS PROJECT, SO. CATEGORY 10 INCLUDES SEVERAL OF OUR FEDERAL AND STATE SUB PROGRAMS WHICH ARE PROPOSED TO REMAIN CONSTANT WITH THE EXCEPTIONS I MENTIONED RELATED TO THE FERRY PROGRAM AND THE ADA PROGRAM. IN CATEGORY 11, WE HAVE DISTRICT FOR BOTH OF THE PROGRAMS IT WILL ALSO HELP TO ADDRESS ACCELERATIONS FROM THIS PAST YEAR AS WELL AS ACCELERATIONS WE'VE BEEN MAKING IN THE ENERGY SECTOR FUNDING FOR SEVERAL YEARS. IN ADDITION IN CATEGORY 11, APPROXIMATELY 500 MILLION IN FUNDS ARE BEING ADDED TO CATEGORY 11 FOR DISTRICT SAFETY TO ADDRESS THE LOCAL SAFETY NEEDS AND TO SUPPORT OUR DISTRICTS IN IMPLEMENTING THEIR DISTRICT SAFETY PLANS. SO WITH THIS FUNDING IN CATEGORY 11 THAT YOU SEE, THAT AMOUNTS TO OVER 800 MILLION OF AN INCREASE DIRECTLY FOR SAFETY. THESE ARE FUNDS THAT CAN ALSO BE COMBINED WITH OTHER SAFETY FUNDING IN CATEGORY 8 OR OTHER CATEGORIES. IN CATEGORY 12 IT'S PROPOSED TO INCREASE IN LINE WITH THE BY ENIAL BUDGET. SO THIS SLIDE SHOWS THE OVERALL INVESTMENT IN SAFETY FROM EACH OF THE 12 CATEGORIES OF FUNDING BASED ON THE LATEST CROSSWALK. FOR REFERENCE, THE CROSSWALK IS A HIGH LEVEL PROJECTION OF HOW OUR INVESTMENTS IN THE CATEGORIES AND PROJECTS THAT ARE FUNDED WITHIN THOSE CATEGORIES CONTRIBUTE TO THE DIFFERENT PERFORMANCE AREAS. SO THIS SLIDE IS HIGHLIGHTING THE SAFETY PERFORMANCE AREA SPECIFICALLY. OVERALL THERE'S A SIGNIFICANT INVESTMENT IN SAFETY BEYOND JUST CATEGORY 8 OR THE DISTRICT SAFETY FUNDS YOU SEE IN CATEGORY 11. SAFETY IS AN ASPECT OF FUNDING ALL OF OUR CATEGORIES AND PROJECTS AND AFFECTING THE SAFETY INVESTMENT YOU CAN SEE THERE OVER 14 BILLION. SO, AS PART OF OUR ANNUAL UPDATE UPDATE PROCESS WE RUN DIFFERENT SCENARIOS OR INVESTMENT SCENARIOS AND REVIEW THE FORECASTED OUTCOMES AND WE USE THAT INFORMATION TO HELP GUIDE THE RECOMMENDATIONS TO THE COMMISSION. THIS SLIDE PROVIDES INFORMATION ON THE DEPARTMENT'S ACTUAL PERFORMANCE FIGURES FOR SAFETY PRESERVATION AND SYSTEM PERFORMANCE FOR THE LAST SEVERAL YEARS THAT YOU SEE THERE AT THE TOP OF THE SLIDE. AS A REMINDER FOR THE SAFETY MEASURES AND THE SYSTEM PERFORMANCE MEASURES THAT ARE IN THE LIGHT BLUE COLOR, WE WANT LOWER RATES FOR THOSE. AND THEN FOR THE PRESERVE OUR ASSETS FOR PAVEMENT AND BRIDGES, THEY'RE IN THE MIDDLE, REPRESENTED BY THE TAN, WE'RE LOOKING FOR HIGHER CONDITIONS, SO HIGHER IS BETTER FOR THE MIDDLE. THE BOTTOM OF THE SLIDE PROVIDES 10-YEAR PERFORMANCE TARGETS, THE TARGETS PROVIDED ARE THE SAME AS THOSE USED TO GUIDE THE LAST UTP. THE ONLY CHANGE IS FOR THE SAFETY TARGETS BECAUSE WE'RE ONE YEAR CLOSER TO THAT ROAD TO ZERO GOAL OF ZERO DEATHS BY 2050. SO THAT TARGET FOR SAFETY WILL CONTINUE TO DECREASE EVERY YEAR THAT WE'RE IN FRONT OF YOU. THESE 10-YEAR TARGETS REPRESENT OUR GOALS FOR PERFORMANCE. THE FORECASTED PERFORMANCE, WHICH IS THE LAST ROW THERE, ARE PROVIDED TO REPRESENT ANTICIPATED PERFORMANCE BASED ON THE PROPOSED FUNDING LEVELS OR WHERE WE THINK WE MIGHT BE AFTER 10 YEARS WITH THE DISTRIBUTION THAT WAS PRESENTED TODAY. SO OUR NEXT STEPS MOVING FORWARD, WHICH WILL BE BASED ON THIS DISCUSSION AND GUIDANCE PROVIDED TODAY, IN FEBRUARY WE'RE GOING TO DISTRIBUTE DRAFT PLANNING TARGETS TO THE DISTRICTS IN OUR NPO PARTNERS. WE'LL ALSO BEGIN THE STATE WILD SCORING FOR CATEGORIES 2, HAD AND 12 CANDIDATES. AND THEN IN FEBRUARY THROUGH MAY WE'LL BE BRIEFING ADMINISTRATION AND THE COMMISSION ON THE PROGRESS OF THE SCORING PROCESS WITH SOME POTENTIAL RECOMMENDATIONS FOR SELECTION. IN JUNE WE'LL BE BACK IN FRONT OF YOU TO PRESENT THE DRAFT UTP FOR 2023. IN JULY WE'LL BEGIN OUR PUBLIC INVOLVEMENT AND THAT'S WHEN WE HOST OUR PUBLIC MEETING. AND IN AUGUST WE'LL HAVE A PUBLIC HEARING AS WELL AS BE BACK IN FRONT OF THE COMMISSION FOR FINAL ADOPTION. WITH THAT I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE. >> THANK YOU, DIRECTOR BUTLER. COMMISSIONERS, ARE THERE ANY REMARKS OR QUESTIONS FOR DIRECTOR BUTLER? >> SO, ONE POINT THAT I'D LIKE YOU TO SPEND SOME TIME ON IS THE INCREASE IN CAT GEAR 1, OKAY -- CATEGORY 1 IS PREVENTIVE MAINTENANCE AND REHABILITATION AND IT'S BEEN PRETTY FLAT AND WE ACTUALLY OVERSPENT SOME THE LAST COUPLE YEARS. SO I'M VERY PLEASED TO SEE IT GROWING. BUT WHAT I WANT TO SPEND SOME TIME ON IS, IT'S PREVENTATIVE MAINTENANCE AND REHABILITATION, BUT WHAT ELSE ARE THOSE FUNDS SPENT ON? THAT KEEPS IT FROM BEING SPENT ON PREVENTIVE MAINTENANCE AND REHABILITATION. AND I WANT YOU TO VISIT THE 8% SAFETY PERCENTAGE ON THAT, BECAUSE AT LEAST I WANT YOU TO MAYBE SPEAK TO THE COMMENTS THAT I'VE MADE THAT, YOU KNOW, YOU NEED TO EXPLAIN THE 81%, 8%, THAT MAYBE FOR THE PUBLIC AND THE COMMISSION, PLEASE, BECAUSE I THINK WHEN YOU TAKE A ROAD THAT'S IN BAD REPAIR AND REHABILITATE IT, YOU ARE EFFECTING -- AFFECTING SAFETY DRAMATICALLY. NOT IN A MINOR FASHION. SO I WANT YOU TO TALK ABOUT THAT. >> ABSOLUTELY. >> SO IT'S CATEGORY 1, WHAT IT'S USED FOR TO KEEP IT FROM BEING PREVAN THAT ACTIVE MAINTENANCE AND REHABILITATION AND ITS SAFETY EFFECT, PLEASE. >> SO STARTING WITH THE CATEGORY 1 QUESTION, AS YOU HIGHLIGHTED, COMMISSIONER, IT IS FOCUSED ON PREVENTIVE MAINTENANCE AND REHAB, THAT'S ITS MAIN INTENT. HOWEVER, WHEN IT COMES TO THE 12 CATEGORIES OF FUNDS, THEY EACH HIGH LIGHT A DIFFERENT SCOPE OF WORK, BUT WE ALSO HAVE DIFFERENT PARTIES INVOLVED IN SELECTING THOSE PROJECTS AND THAT'S IMPORTANT BECAUSE SOMETIMES WHEN WE FUND PROJECTS, SOME OF THE OTHER FUNDS MAY BE LIMITED AND OFTEN YOU SEE THAT DISTRICTS MAY BE USING CATEGORY 1 TO HELP ADDRESS OVERRUNS. SO, FOR EXAMPLE WE JUST HEARD FROM DUANE, WE WENT THROUGH THE AWARDS PROCESS, SOMETIMES THE BIDS COME IN HIGHER THAN EXPECTED. CATEGORY 1 IS FLEXIBLE ENOUGH THAT DISTRICTS HAVE THE OPTION TO USE THAT TO MAKE UP THE DIFFERENCE, SO THAT WAY THAT PROJECT CAN BE LET AND CAN MOVE FORWARD TO CONSTRUCTION. SO I THINK THAT'S ONE IMPORTANT POINT THAT BEYOND MAINTENANCE AND REHAB IT IS OFTEN USED TO HELP ADDRESS THOSE OVERRUNS. AT THE TIME OF LETTING. THE SECOND THING THAT'S WORTH NOTING IS THAT OFTEN CATEGORY 1 IS USED FOR CHANGE ORDERS. ONCE A PROJECT IS LET AND IT GOES TO CONSTRUCTION, IF A CHANGE ORDER COMES UP IN CONSTRUCTION, AGAIN, THAT'S AN OPTION THAT THE DISTRICTS HAVE TO FUND THAT CHANGE ORDER, AND ONE THAT'S VERY MUCH WITHIN THEIR CONTROL. SO CATEGORY 1 AND 11 ARE THE TWO CATEGORIES THAT YOU'RE GOING TO SEE THAT GET USED FOR THE OVERRUNS AND CHANGE ORDERS THE MOST. SO HOPEFULLY THAT ADDRESSES SOME OF YOUR QUESTION. >> IT'S IMPORTANT THAT IT'S FOR PREVENTIVE MAINTENANCE AND REHABILITATION, BUT IT DOES GET USED IN OTHER WAYS, WHICH MEANS IT HAS TO GROW. I APPRECIATE THAT. WOULD YOU GO AHEAD AND TALK ABOUT THE 81 AND 8%. >> YES. >> WHAT THIS SLIDE IS SHOWING IS ONLY THE CROSSWALK FOR THE SAFETY PERFORMANCE AREA. SO WHAT YOU CAN'T SEE IS WHAT THOSE PERCENTAGES LOOK LIKE FOR THE OTHER PERFORMANCE AREAS. WITH CATEGORY ONE, THE MAJORITY OF CATEGORY ONE IN TERMS OF OUR PERFORMANCE CROSSWALK IS GOING TO PRESERVING OUR ASSETS, WHICH IS THE INTENTION OF CATEGORY 1. SO ABOUT 82 TO 82%, I BELIEVE IS WHAT THAT IS IN THE CURRENT CROSSWALK FOR CATEGORY 1. SAFETY IS ACTUALLY THE SECOND HIGHEST, SO PRESERVATION IS THE PRIMARY PURPOSE. AND SAFETY WOULD BE THE SECONDARY. SO 8% DOESN'T NECESSARILY LOOK HIGH, BUT WHEN YOU CONSIDER THAT 81 TO 8 THE% IS FOCUSED ON PRESERVING OUR ASSETS, HOPEFULLY THAT PUTS IT WITHIN MORE CONTEXT. BUT ARGUABLY A LOT MORE SAFETY IMPROVEMENTS ARE ALSO HAPPENING IN CATEGORY 1, BEYOND WHAT'S REFLECTED IN THE 8%. >> SO FOR THE COMMISSION'S THOUGHTS AND FOR THE PUBLIC, I SIMPLY AM MAKING THE CASE THAT PARTICULARLY IN THE ENERGY SECTORS AND TO SOME DEGREE IN AGRICULTURAL SECTORS, EDGES GET CHIPPED OFF, DIFFERENT THINGS HAPPEN. SO YOU LEAVE THE ROAD OR HAVE HAVING GETTING BACK ON THE ROADWAY. WHEN YOU REHAB THAT OR REPAIR THAT, YOU ARE MAKING A BIG SAFETY IMPROVEMENT. SO I JUST WANT TO BE SURE THAT THE PUBLIC UNDERSTANDS AND THAT WE KEEP OUR MINDS ON THE FACT THAT WHEN WE DO PREVENTATIVE MAINTENANCE AND REHAB OF ROADS, PARTICULARLY ROADS THAT GET DAMAGED THROUGH HEAVY EQUIPMENT, THAT WE ARE MAKING A SAFER ROAD. AND IT'S IMPORTANT THAT WE THINK ABOUT CATEGORY 1 FROM THAT PERSPECTIVE. NEXT THING, MA'AM, IS ON 10, WILL YOU JUST MAKE SURE YOU TALK ABOUT BLUE AND TAN AS IT RELATES TO WHAT SHOULD BE GOING DOWN AND WHAT SHOULD BE GOING UP, FOR THE PUBLIC. >> YES. SO WE'LL START WITH THE MIDDLE, SO WE'RE LOOKING AT PAVEMENT CONDITION AND BRIDGE CONDITION. SO BRIDGE CONDITION SCORES, WE WANT THAT CONDITION TO BE HIGHER. WE WANT THAT NUMBER TO BE AS CLOSE TO 100% AS POSSIBLE. SO FOR THE TAN IN THE MIDDLE WE'RE LOOKING FOR A HIGHER NUMBER, FOR THOSE ON THE OUTSIDE WHERE SAFETY IS MAYBE THE OBVIOUS EXAMPLE FOR THOSE IN BLUE, WE'RE LOOKING FOR LOWER NUMBERS OR LOWER INDICES. >> THANK YOU, MR. CHAIRMAN. >> COMMISSIONER RYAN? >> YES, THANK YOU. A COUPLE QUESTIONS AND COMMENTS. I'LL START ON PAGE 8 AND COME BACK TO THIS, START ON PAGE 8 PLEASE. THESE WILL BE FAMILIAR COMMENTS, BUT ON CATEGORY 1, I -- TWO THINGS. I APPRECIATE THE INFORMATION THAT RECENTLY HAD AND TO THE POINT OF THE CATEGORIES, MAINTENANCE AND CHANGE ORDERS, A PIECE OF INFORMATION THAT I REQUESTED WAS TO TRY TO GET SOME IDEA OF WHAT PERCENT OF THE BUDGET THAT WE SPEND IN CATEGORY 1 IS CHANGE ORDER, WHAT PERCENT IS ON REHAB AND WHAT PERCENT IS ON PROHIBITIVE, PREVENTATIVE MAINTENANCE. TO COMMISSION NEW'S POINT, I AGREE, WE HAVE TO KEEP PACE ON MAINTENANCE. BUT WHAT I WASN'T SURE OF IS AS WE PUT MONEY IN, WOULD IT BE USED FOR PREVENTATIVE MAIN NS, REHAB OR CHANGE ORDERS. THE TRENDS THAT WE SHOW OVER THE LAST THREE FISCAL YEARS IS THAT CHANGE ORDERS ARE TAKING A HIGHER PERCENT OF THAT CATEGORY. AND IF YOU LOOK AT THE THREE-YEAR TOGETHER, IT'S KIND OF AN 80-20. SO ONE OF THE THINGS THAT I SHARED IS THAT I THINK AS WE PUT MORE MONEY IN, WHICH WE PROBABLY NEED TO DO, BUT WE -- WE PUT A POLICY IN PLACE SO THAT THE AGENCY IS ABLE TO MANAGE, BUT THE DISTRICT DOES NOT HAVE THE DISCRETION TO GO OVER THAT 80-20 RULE. SO THE MONEY THAT WE'RE PUTTING IN, AT LEAST THAT'S WHAT WE'VE GOT RIGHT NOW, SO WE DON'T END LOOKING BACK THIS TIME NEXT YEAR AND THAT TREND HAS GONE TO 60-40, WHERE WE USED 40% FOR CHANGE ORDERS VERSUS PREVENTIVE MAINTENANCE. THAT SAID, I UNDERSTAND THE OVERRUNS HAVE TO BE FUNDED. SO THIS IS WHERE I THINK DEDICATING WHAT PERCENT OF WHAT WE'RE INCREASING GOES TO THE PURPOSE OF IT, VERSUS CHANGE ORDERS, WE'RE ABLE TO MANAGE, AND IN THE DIVISION OR SOMEWHERE IN AUSTIN CAN HELP MANAGE THAT CHANGE ORDER, IT'S NOT JUST A, I'VE GOT TO GET IT DONE. THAT'S WHERE I HAVE CONCERN ABOUT CATEGORY 1 IN WHERE WE AREN'T ABLE TO CONTINUE TO USE THE MONEY AS INTENDED. THE OTHER PIECE ON CAT 1 IS IF YOU LOOK AT THE WAY WE FORMULA FUND CAT 1 AND THE TRY TIER YEAH OF THE FUNDING -- THE CRITERIA OF THE FUNDING, IT DOESN'T NECESSARILY MIRROR WHAT WE MAY USE THE OTHER ASPECT FOR WHAT'S IN CATEGORY 1. AGAIN I APPRECIATE STAFF DIGGING INTO SOME OF THIS. SO WE HAVE TALKED OVER THE YEARS ABOUT POSSIBLY UPDATING OUR RULES FOR THE FUNDING, YOU KNOW, THE FORMULAS. AND MAYBE THE INFORMATION THAT WE STARTED TO GET MIGHT BE A REALLY GOOD PLACE FOR US TO LOOK AT CAT 1. AND ARE WE ALLOCATING OR USING A FORMULA THAT ACTUALLY MIRRORS WHAT THE ACTUAL PURPOSE ISN'T CAUGHT UP. SO THOSE ARE THINGS THAT I THINK AS WE DETERMINE FUNDING CATEGORIES AND HOW MUCH GOES WHERE, YOU KNOW, AND IT MIGHT BE WORTH DIGGING INTO THAT SO THAT WE ENSURE THE OBJECTIVE OF CAT 1 IS THE PURPOSE THAT WE WANT IT TO GO TO. THAT'S MORE OF A COMMENT THAN A QUESTION BECAUSE OF THE WORK THAT STAFF HAS BEEN ABLE TO PROVIDE. AND I ONLY SAY THAT BECAUSE I'M SURE IF YOU WENT BACK AND LOOKED AT THE LAST FIVE-YEAR VIDEOS WE'VE TALKED ABOUT THIS. SO I WAS APPRECIATIVE OF GETTING THE INFORMATION, AND I THINK IT'S GOOD THAT THIS MIGHT BE THE TIME. THE OTHER PURPOSE THAT I HAVE, AND AGAIN I DON'T KNOW ANYONE FEELS ABOUT UPDATING FORMULAS, BUT THAT WAS SOMETHING I'D LIKE TO PUT ON THE TABLE. THE OTHER THING THAT I WOULD LIKE TO PUT ON THE TABLE WITH THE COMMISSION AND STAFF IS OUR CATEGORY 11 SAFETY, THE DISTRICT DISCRETION FOR SAFETY, IT'S FANTASTIC AND APPRECIATED. I THINK THE DISTRICTS WILL KNOW EXACTLY HOW TO USE THOSE FUNDS, I DON'T THINK THAT WILL BE A PROBLEM. ONE OF THE CONSIDERATIONS IN THE LAST COUPLE MPO AND TASK FORCE MEETINGS THAT WE'VE HAD ARE THE REALLY GOOD POSITIVE IDEAS THAT ARE COMING OUT OF THAT TASK FORCE AND THE COLLABORATION BETWEEN OUR DISTRICTS AND NPO'S. WHAT I WOULD ASK FOR CONSIDERATION IS THAT WE INCREASE THAT CATEGORY 11 DISTRICT SAFETY FOR A SPECIFIC AMOUNT TO COME OUT OF MAYBE THE INCREASE THAT WE HAVE IN CAT 12 THAT'S PROPOSED TO BE ALLOCATED SPECIFICALLY FOR A DOLLAR FOR DOLLAR MATCH WITH MPO'S. SO THAT WE ARE ABLE TO LEVERAGE THE FUNDS THAT WE HAVE, AND BECAUSE IT MIGHT BE CAT 12 WE CAN PROBABLY, I'M ASSUMING, THIS WOULD BE A QUESTION, WE CAN PUT THE CRITERIA ON HOW THAT'S USED AND THAT IT IS NOT TO BE SPENT WITHOUT AN EQUAL MATCH BY OUR LOCAL NPO'S. SO THAT'S A CONSIDERATION THAT I WOULD ASK TO BE DISCUSSED, AND I SAY THAT, IF YOU GO TO PAGE 10, BACK TO THE METRICS, OBVIOUSLY NONE OF THE METRICS, THE FORECASTS MEET WHAT WERE PROJECTED. SO WHAT THAT MEANS IS WE HAVE TO GET CREATIVE, WE HAVE TO THINK OUT OF THE BOX. WE HAVE TO WORK WITH OUR PARTNERS, OUR MPO'S. BUT ALSO ON SAFETY WE'VE TALKED ABOUT THE PUBLIC. SO THIS IS A STATEMENT AND A QUESTION. PART OF LEVERAGING THE FUNDS THAT I JUST TALKED ABOUT DISCUSSION IN 11 MIGHT HELP INCREASE SOME OF THESE AREAS. THE OTHER PIECE IS CAN YOU HELP ME UNDERSTAND HOW YOU DETERMINE THE 2032 FORECAST. I'M GOING TO PICK FATALITIES, WHAT IS THAT BASED ON, SINCE WE DON'T HAVE SPECIFIC PROJECTS TO SAY WE KNOW WHAT THAT'S GOING TO DO. >> IF I MAY BACK UP ONE SLIDE, I THINK IT WILL HELP ANSWER THAT. IT REALLY GOES BACK TO THE PERFORMANCE CROSSWALK. THE CROSSWALK AGAIN IS NOTED AS A TOOL THAT WE USE TO CONNECT OUR CATEGORIES OF FUNDING TO THOSE PROJECTED PERFORMANCE OUTCOMES. THE CROSSWALK IS SOMETHING THAT WE REFINE EVERY YEAR, WE COLLECT DATA, WE ANALYZE IT, WE GO OVER THE SAFETY PROGRAM AND MAINTENANCE PROGRAM TO DO THAT AS WELL. SO WE'VE TAKEN A LOOK AT THOUSANDS OF PROJECTS LOOKING BACK THAT HAVE ALREADY BEEN BUILT, AND WE ALSO COMPARE LOOKING FORWARD TO THE PROJECTS THAT ARE IN OUR UTP OR PORTFOLIO THAT ARE COMING UP. AND WE BREAK IT DOWN INTO DIFFERENT TYPES OF PROJECTS, AND WE TRY TO ANALYZE FOR A SPECIFIC TYPE OF PROJECT HOW THAT SCOPE OF WORK WILL BENEFIT SAFETY. AND SO IT REALLY IS BASED ON ANALYSIS OF THE TYPES OF PROJECTS THAT WE FUND WITHIN THOSE CATEGORIES. SO CATEGORY 8, IT WOULD BE RELATED TO SAFETY IMPROVEMENTS AND A PROJECTION OR PREDICTION OF HOW THAT ACTUALLY IMPACTS SAFETY. SO THAT'S WHAT FEEDS THE CROSSWALK, AND ALSO THEN WHAT CREATES THE RESULTS THAT YOU SEE ON THIS SLIDE, SO IT'S A COMBINATION OF RUNNING OUR DISTRIBUTION THAT'S BEING PROPOSED THROUGH THE CROSSWALK, AND IT CREATES THOSE RESULTS. >> SO IF PROJECTS WERE SELECTED TO HAVE A HIGHER IMPACT ON SAFETY OR PAYMENT CONDITIONS, THEN THAT'S WHERE WE'LL SEE A CHANGE IN THIS AS WE PROGRESS OVER THE NEXT 10 YEARS. >> YES. >> SO THERE IS SOME STRATEGY THAT WE SHOULD PROBABLY APPLY TO MEET THESE GOALS, AND KIND OF PROVE THESE FORECASTS WRONG, I GUESS, WHICH WOULD BE GREAT, BECAUSE WE'RE NOT MEETING THE TARGETS ON ANY OF THEM. SO THAT'S WHERE I THINK PROBABLY LEVERAGING THESE FUNDS, YOU KNOW, AND MAKING SURE THAT WE HAVE POLICIES THE MONEY IS GOING TO MAINTENANCE, AND THE RIGHT THINGS, AND LEVERAGING FUNDS MIGHT HELP US MEET THESE TARGETS. I APPRECIATE THE ANSWER, AND I APPRECIATE YOU HEARING ME OUT ON THE OTHER CONSIDERATIONS. >> I WOULD LIKE TO ALSO WEIGH IN WITH SOMETHING THAT IS EXACTLY WHAT COMMISSIONER RYAN WAS TALKING ABOUT, AND IT'S THE CATEGORY 1 STUFF. ONE OF THE THINGS THAT CAN REALLY GET THE 81% PREVENTATIVE MAINTENANCE AND REHABILITATION, ONE OF THE THINGS THAT CAN KNOCK THAT OFF STRIDE, WE'VE TALKED ABOUT IN YEARS PAST BUT I JUST WANT TO BRING IT BACK UP SO IT'S FRESH ON OUR MINDS, IT'S WHEN A MEDIUM TO SMALLER DISTRICT, A WACO, A YOKUM, HAS A BIG PROJECT ON AN INTERSTATE THROUGH THAT PARTICULAR DISTRICT, WHERE THAT KIND OF NUMBER CAN REALLY GET KNOCKED OUT OF WHACK. SO IT'S NOT SO MUCH THE BIG METROPOLITAN DISTRICTS WHERE THE 80-20 WILL GET OUT OF WHACK, BUT IT'S THE MEDIUM DISTRICTS AND THE SMALLER DISTRICTS ON BIG PROJECTS. BECAUSE THEY JUST DON'T HAVE THE ROOM, THEIR BUDGET IS SIMPLY NOT LARGE ENOUGH IN CATEGORY 1. SO THAT'S THE CHALLENGE, I THINK, FOR US AS A STAFF, AS AN ADMINISTRATION TO FIGURE OUT HOW NOT TO GET OUT OF BALANCE ON 80-20, AT LEAST THAT'S A BIG PART OF IT THAT THEY HAVE TO THINK THROUGH, WHERE IS THAT MONEY GOING TO COME FROM. BECAUSE IF WACO WITH A FAIRLY SMALL CATEGORY 1 BUDGET HAS A BIG PROJECT ON INTERSTATE 35 AND IT STARTS HAVING CHANGE ORDERS OR OVERRUNS, WACO'S BUDGET IS ABSOLUTELY CHALLENGED, OKAY, AND THE SAME THING HAPPENS ON ITN WITH A YOKUM DISTRICT. SO THAT'S THE KIND OF THING THAT CAN THROW THEM OUT OF WHACK AND THAT WE HAVE TO FIGURE OUT AS AN ADMINISTRATIVE GROUP, WHAT DO WE WANT THAT TO MEAN AS IT RELATES TO CATEGORY 1 OR AS IT RELATES TO CATEGORY 12, OR 11 DISCRETIONARY. THAT'S THE WAY WE HAVE TO GET THROUGH THAT, AS I SEE IT. >> ON SAFETY, JESSICA, LET ME GO TO SLIDE 9. THAT DEALS WITH THE SAFETY COMPONENT OF EACH CATEGORY IN OUR PROPOSED 2023, UTP. YOU HAVE GONE THROUGH EVERY CATEGORY, AND I ASSUME STAFF HAS DONE AN ENORMOUS AMOUNT OF WORK TRYING TO GET TO THE CORRECT PERCENTAGES OF SAFETY AND THE WAY I READ SLIDE 9 IS THAT IF YOU USE THE CROSSWALK APPROACH AND YOU HAVE SORTED OUT WHAT THE SAFETY COMPONENT IS OF EVERY CATEGORY AND YOU COME UP WITH A TOTAL OF $14 BILLION, THEN 14 BILLION FOR SAFETY BASICALLY IS RIGHT UP THERE WITH THE TOTAL AMOUNT OF CATEGORY 12. THE TOTAL AMOUNT OF CATEGORY 1, AND SO WE'VE GOT A MAJOR FUNDING SOURCE ALREADY IN PLACE, AND I JUST WOULD LIKE TO, YOU KNOW, BRING IT TO THE THE PUBLIC'S ATTENTION OF HOW SERIOUSLY WE'RE TAKING SAFETY. AND THAT $14 BILLION ESSENTIALLY IS ALLOCATED TO SAFETY. THE OTHER THING -- SO THANK YOU FOR CORROBORATING THAT. THE OTHER THING I WANTED TO JUST BRIEFLY TOUCH ON IS GOING TO SLIDE 8, THIS YEAR WE HAVE INCREASED SUBSTANTIALLY CATEGORY 1 FOR PREVENTIVE MAINTENANCE AND REHAB, AS COMMISSIONER NEW AND COMMISSIONER RYAN HAVE TALKED ABOUT. BUT WE JUST FEEL LIKE THAT'S AN IMPORTANT AREA TO PROVIDE MORE, GETTING TO WHAT YOU WERE SAYING ABOUT THE WACO DISTRICT OR THE YOCUM DISTRICT OR WHATEVER, THIS GETS ALLOCATED, AND COMMISSION RYAN MENTIONED MAYBE WE NEED TO LOOK AT THE ALLOCATIONS AND LOOK AT OUR RULES THAT WE HAVE IN PLACE, DO WE NEED TO REVIEW THOSE AT SOME POINT. BUT THE OTHER THING I WANT TO HIGHLIGHT IS THE CATEGORY FOR RURAL. AND AS A PERCENTAGE BASIS, THERE ARE TRULY MILES AND MILES OF TEXAS THAT DO NOT GET THE FUNDING OUT OF TEXAS CLEAR LANES AND THEY DIDN'T GET A LOT OF FUNDING OUT OF THE NEW INFRASTRUCTURE BILL. AND I THINK THIS COMMISSION IS RECOGNIZING THAT THE RURAL PART OF TEXAS NEEDS THAT ADDITIONAL FUNDING. SO THIS UTP AS PRESENTED REALLY TAKES THAT INTO CONSIDERATION. I KNOW THAT'S NEAR AND DEAR TO YOUR HEART, COMMISSIONER NEW. AND THEN ON CATEGORY 8, IT'S MY UNDERSTANDING THAT THE ADDITION OF 308 BILLION IS SOURCED FROM SOLELY FEDERAL FUNDS. AND THAT CAME OUT OF THE INFRASTRUCTURE BILL, AND I'M PLEASED TO SAY THAT THIS UTP HAS A NEW CATEGORY RECOGNIZING SAFETY, AND THAT'S THE CATEGORY 11S. THOSE WERE 100% STATE FUNDS IS MY UNDERSTANDING. SO MY POINT IS THAT THE STATE OF TEXAS IS FUNDING MORE INTO ADDITIONAL FUNDS OUT OF OUR RESOURCES THAN THE FEDERAL GOVERNMENT. AND THEY HAD A BIG SAFETY COMPONENT IN THE INFRASTRUCTURE BILL THAT JUST PASSED. SO WE'RE FOCUSED ON INCREASING THIS UTP REALLY INCREASES THE FUNDING FOR SAFETY, AND THE SOURCING. WE'RE DOING MORE THAN THE FEDERAL GOVERNMENT IS DOING ON SAFETY. SO I'M PLEASED ABOUT THAT. SO I JUST WANTED TO HIGHLIGHT SOME OF THOSE POINTS, AS WE MOVE FORWARD AND ON THE UTP I THINK JESSICA, CONGRATULATIONS TO YOU AND YOUR STAFF, YOU'VE DONE A VERY GOOD JOB, I THINK, OF WORKING TO TRY TO, I MEAN THERE ARE COMPETING INTERESTS, BUT I WOULD JUST SAY THE HEADLINE FOR THE PUBLIC THAT'S LISTENING TODAY IS WHAT THIS DRAFT 2023UTP REPRESENTS IS AN ABSOLUTE HISTORIC AMOUNT OF FUNDING FOR TRANSPORTATION OVER THE 10-YEAR PERIOD IN THE STATE OF TEXAS. THE $85 BILLION IS AN ABSOLUTE HISTORIC RECORD. SO I'M PROUD OF THE WORK WE'RE DOING AS A COMMISSION. AND PART OF OUR JOB HAS ALWAYS BEEN TRYING TO PROPERLY BALANCE THE NEEDS THROUGHOUT THE STATE OF TEXAS, RURAL, URBAN, METRO, SAFETY, BRIDGES, ALL OF THAT. IT'S A VERY COMPLEX, BUT THIS IS WHERE I THINK SOME OF OUR BEST WORK IS COMING TO BEAR, AND I THINK THIS IS A VERY WELL THOUGHT THROUGH PRESENTATION. >> THANK YOU. >> THANK YOU FOR THAT. I KNOW WE TAKE NO ACTION. MARC DID YOU HAVE ANYTHING TO ADD? WE DO HAVE, EVEN THOUGH WE ARE NOT GOING TO TAKE ANY ACTION, WE DO HAVE ONE COMMENT CARD. AND AT THIS TIME I WOULD LIKE TO INVITE JAY CROSSLEY TO COME FORWARD, STATE YOUR NAME FOR THE RECORD AND THE ORGANIZATION YOU REPRESENT. >> HELLO, MY NAME IS JAY CROSSLEY AND I WORK FOR FARM AND CITY, AND THANK YOU ALL FOR THIS TIME AND FOR YOUR SERVICE TO ALL THE PEOPLE OF TEXAS. I PREPARED SOME REMARKS, BUT I'M VERY EXCITED BY A LOT OF WHAT WAS JUST SAID. SO I'LL GO A LITTLE OFF SCRIPT. SOME OF WHAT I WAS GOING TO SAY ARE THINGS I'VE SAID TO YOU THAT YOU ALL KNOW ABOUT SAFETY AND WHAT IT MEANS FOR THE PEOPLE OF TEXAS. AND I THINK IT'S STILL GOOD TO TALK ABOUT WHY. WHY ARE THOSE DOLLARS UP THERE. ONE NOTE, WHICH ISN'T IN MY FLOW, WAS THE A.D.A. INCREASE PROPOSED, I'M VERY GRATEFUL FOR THAT ACTION, AND I UNDERSTAND THAT THERE'S ALSO BEEN A PROJECT TO DO AN INVENTORY OF NEEDS, AND THOSE THINGS ARE TERRIFIC. I SUSPECT WHEN THAT INVENTORY IS FLUSHED OUT WE MIGHT FIND THERE'S A MUCH GREATER NEED AND WE NEED TO KEEP INCREASING THAT BUDGET. BUT THAT'S VERY EXCITING. AND ANOTHER SIDE THING, PLEASE SUPPORT COMMISSIONER RYAN'S PROPOSAL FOR THE MATCH FUND FOR MPO'S, I THINK THAT'S A WONDERFUL CONCEPT. SO I DO HAVE TO START WITH SAYING THAT PEOPLE ARE BEING HURT AND KILLED, AS WE ALL KNOW. AND THE POINT IS THESE CRASHES IMPOSING MUCH LARGER ECONOMIC COST ON THE PEOPLE OF TEXAS THAN CONGESTION. AND I CONTINUE TO BELIEVE THAT THERE'S NO MORE IMPORTANT USE OF YOUR FUNDS THAN FIXING OUR TRANSPORTATION SO FEWER PEOPLE ARE INJURED OR KILLED UNTIL WE GET TO ZERO. HOWEVER, THIS IS POSITIVE. SO I'LL SKIP AHEAD AND JUST NOTE THE LEGISLATIVE BUDGET BOARD'S REPORT IN 2019 SUGGESTED THAT ONGOING WE SHOULD ALWAYS BE SPENDING ABOUT 10% OF OUR TRANSPORTATION BUDGET ON DEDICATED SAFETY FUNDING. ON A DIFFERENT NOTE, I WANTED TO SUGGEST A TRANSPARENT EXERCISE FOR THIS UTP, AND THERE'S LOTS OF DISCUSSIONS ABOUT WHY IS TEXAS NOT INVESTING IN PUBLIC TRANSPORTATION OR SIDEWALKS AS MUCH AS OTHER STATES. AND A LOT OF IT HAS TO DO WITH THE LEGISLATURE AND THE VOTERS HAVE DECIDED. BUT THERE ARE SIGNIFICANT FUNDS IN THE FEDERAL MONEY THAT CAN BE SPENT ON PUBLIC TRANSPORTATION AND SIDEWALKS AND BIKE LANES. SO CAN WE HAVE A REPORT UNDERSTANDING HOW MUCH OF EACH CATEGORY COULD BE SPENT ON WHAT? AND THEN I THINK YOU GUYS AND THE GOVERNOR AND THE LEGISLATURE ARE RESPONSIBLE FOR DECIDING HOW TO SPEND THE MONEY. BUT HAVING THAT INFORMATION AVAILABLE WOULD HELP YOU AND THE PUBLIC TO UNDERSTAND. AND THEN A FINAL POINT I GUESS IS JUST, I BELIEVE, I HOPE YOU WILL CONSIDER WITH THE NEWLY OPENED TEXAS MOBILITY FUND AND THE INCREASE IN THE CMAC FUNDING TO NOT SPEND MORE THAN HALF OF THOSE FUNDS ON SINGLE OCCUPANT VEHICLE TRANSPORTATION IMPROVEMENTS. AND WE NEED A MIX. THOSE ARE THE TWO PLACES WHERE YOU CAN BEST USE THEM USING PERFORMANCE BASED GOALS. THANK YOU ALL VERY MUCH. >> THANK YOU. OKAY, WE'LL MOVE ONTO AGENDA ITEM NUMBER 7. >> MR. CHAIRMAN, JUST ONE THING BECAUSE WE CAN RESPOND ON AN AGENDA ITEM, BUT THE TRANSPORTATION ALTERNATIVES ON A PERCENTAGE BASIS, IF YOU LOOK AT THAT, THAT'S SERIOUS MONEY AT $806 MILLION. BUT ON A PERCENTAGE BASIS IT'S MASSIVE. COMPARED TO ANY OTHER CATEGORY. AND IT IS PEDESTRIAN, BIKE LANES, THINGS OF THAT NATURE. SO I JUST WANT TO POINT THAT OUT. >> THAT'S A FUNCTION THAT ALSO WAS, THE INFRASTRUCTURE BILL, A LOT OF THAT WENT INTO THAT CATEGORY. THANK YOU FOR THAT OBSERVATION. MOVING ONTO ITEM 7, IS THE CONSIDERATION OF FEDERAL AND STATE PUBLIC TRANSPORTATION AWARDS, PUBLIC TRANSPORTATION DIRECTOR GLEASON WILL PRESENT THIS ITEM. >> GOOD MORNING. ITEM 7 REQUESTS YOUR CONSIDERATION OF AN AWARD OF APPROXIMATELY $2.5 MILLION IN FEDERAL AND STATE GRANT PROGRAM FUNDING SUPPORTING FEDERALLY REQUIRED REGIONAL PUBLIC TRANSPORTATION COORDINATION PLANNING AND ADDITIONAL FEDERAL FUNDING TO SUSTAIN ESSENTIAL SERVICES FOR SENIORS AND PERSONS WITH DISABILITIES. $1.2MILLION OF SECTION 5304 STATE PLANNING AND RESEARCH FUNDS ARE ALLOCATED TO SUPPORT FIRST YEAR IMPLEMENTATION ACTIVITIES IN EACH OF THE STATE'S RECOGNIZED REGIONAL PLANNING AREAS, LISTED IN EXHIBIT A. AND THESE ACTIVITIES FOLLOW A RECENTLY COMPLETED STATEWIDE EFFORT SUPPORTED BY THE DEPARTMENT TO UPTATE ALL PLANS, AS REQUIRED BY FEDERAL PROGRAM GUIDANCE. AND OF THE 24 REGIONS IN THE STATE, ONLY THE NORTH CENTRAL TEXAS COUNCIL GOVERNMENTS ELECTED NOT TO RECEIVE FUNDING IN THIS WAY. 1.3MILLION OF THE MINUTE ORDER IN FRONT OF YOU INCLUDES SECTION 5310, ENHANCED MOBILITY FOR SENIORS AND PERSONS WITH DISABILITIES PROGRAM FUNDS. AND THEY ARE ALLOCATED TO THOSE AGENCIES THAT ARE LISTED IN EXHIBIT B, AND THIS RECOMMENDATION ACTUALLY FOLLOWS A DECISION BY THE FEDERAL TRANSIT ADMINISTRATION TO WAIVE PROGRAM MATCH REQUIREMENTS FOR OPERATING EXPENSES IN LIGHT OF THE ONGOING CHALLENGES WITH THE PANDEMIC. AND THE RECOMMENDED AMOUNTS IN THIS MINUTE ORDER REPLACE LOCAL MATCH AMOUNTS, AND INCLUDED IN PROJECTS APPROVED BRING THE COMMISSION LAST JUNE AND PRIOR TO THE WAIVER DECISION BY THE FTA. WE RECOMMEND YOU APPROVE THIS MINUTE ORDER. >> COMMISSIONER, ARE THERE ANY REMARKS OR QUESTIONS FOR DIRECT OR GLEASON? HEARING NONE, MAY I HAVE A MOTION TO APPROVE THE PUBLIC TRANSPORTATION AWARDS IN ACCORDANCE WITH STAFF RECOMMENDATIONS? >> SO MOVED. >> THANK YOU. ALL IN FAVOR PLEASE SAY AYE. ANY OPPOSED? THE MOTION PASSES UNANIMOUSLY. AT THIS TIME I'M GOING TO SUGGEST WE TAKE ABOUT A FIVE-MINUTE BREAK AND WE'LL BE BACK IN ABOUT FIVE MINUTES. THANK YOU. >> OKAY. WE'VE ALL HAD OUR BREAK. SO WE'LL TURN BACK TO THE BUSINESS. WITH ITEM NUMBER 8, I'LL TURN IT OVER TO OUR EXECUTIVE DIRECT WILLIAMS. >> THANK YOU, CHAIRMAN. ITEM 8A IS THE CONSIDERATION OF A REQUEST FROM THE CITY OF MAGNOLIA FOR A STATE INFRASTRUCTURE BANK LOAN, AND BEN ASHER WILL PRESENT THIS ITEM. >> THANKS, MARC. HI, COMMISSIONERS. I'D LIKE TO FIRST PROVIDE A BRIEF OVERVIEW OF THE STATE INFRASTRUCTURE BANK, OUTLINED IN THIS SLIDE BEFORE YOU, BEFORE THE COMMISSION CONSIDERS THE FORMAL ITEMS ON TODAY'S AGENDA THE CASH BALANCE CURRENTLY TO MAKE LOANS IS APPROXIMATELY $339 MILLION, WE CURRENTLY HAVE 39 OUTSTANDING LOANS WITH A REMAINING LOAN BALANCE OF APPROXIMATELY $157 MILLION. IF THE COMMISSION WERE TO ULTIMATELY PROVIDE FINAL APPROVAL OF THE ITEMS PRESENTED TODAY, THE AVAILABLE CASH BALANCE WOULD BE REDUCED FROM APPROXIMATELY 339 TO APPROXIMATELY $328 MILLION. THE CITY OF MAGNOLIA HAS THREE OUTSTANDING SID LOANS, ALL IN GOOD STANDING, THIS WOULD BE THE FIRST LOANS FOR THE CITIES OF CUT AND SHOOT AND ROYSE CITY. THEY ALSO TWO LOAN APPLICATIONS UNDER REVIEW, AND IF THESE APPLICATIONS WERE TO BE APPROVED THE LOAN BALANCE WOULD BE APPROXIMATELY 302 MILLION. OF THE SID'S 134 LOANS TO DATE THERE HAVE BEEN NO DEFAULTS. WITH THAT OVERVIEW, I'D LIKE TO, ITEM 8A IS THE CONSIDERATION OF A FINAL APPROVAL REQUEST FROM THE CITY OF MAGNOLIA FOR A STATE INFRASTRUCTURE BANK LOAN TO BORROW UP TO 2,803,158 TO PAY FOR THE COST OF YOUITYITY RELOCATION NECESSARY FOR A NONTOLLED STATE HIGHWAY IMPROVEMENT PROJECTS TO WIDEN 1488 IN MONTGOMERY COUNTY. A REQUEST FOR TXDOT PROJECT LESS THAN 10 MILLION, THIS IS THE ONLY TIME THIS ITEM WILL NEED TO COME BEFORE THE COMMISSION. STAFF RECOMMENDS APPROVAL AND I'M HAPPY TO ANSWER QUESTIONS. >> COMMISSIONERS, ARE THERE ANY REMARKS OR QUESTIONS FOR DIRECTOR ASHER? >> MR. ASHER, I KNOW YOU'VE ANALYZED THIS THROUGH THE TEAM, BUT I WANT TO, I JUST WANT TO BE TOLD AND I WANT THE PUBLIC TO BE TOLD, IF SOMEONE HAS THREE OUTSTANDING LOANS AND THEY'RE ADDING ANOTHER ONE, IN AGGREGATE THEY'RE STARTING TO HAVE X AMOUNT OF LIABILITY TO THE SIB PROGRAM, AND THAT IS MAYBE JUST SOME PERCENTAGE OF THEIR TOTAL LIABILITIES, SO IS ANYONE GETTING, REACHING A POINT OF TOTAL DEBT, NOT JUST TO US BUT OVERALL THAT YOU SHOULD BE CONCERNED ABOUT OR WE SHOULD BE CONCERNED ABOUT? >> I'D BE HAPPY TO RESPOND TO THAT. THE QUICK ANSWER IS NO, WE HAVE NO CONCERNS. WE DO ACTUALLY HAVE WITHIN OUR EXECUTIVE GUIDELINES, WE HAVE CONSTRAINTS ON THE AMOUNT THAT CAN BE BORROWED PER PROJECT, OR PER BORROWER. SO RIGHT NOW THOSE NUMBERS ARE APPROXIMATELY 50 MILLION PER PROJECT, AND 100 MILLION PER BORROWER. SO THIS LOAN ALONG WITH MAGNOLIA'S OTHER OUTSTANDING LOANS IS WELL BELOW THAT. BUT WE DO MONITOR THAT AND WE DO HAVE GUIDELINES IN PLACE TO ADDRESS SOME OF THE CONCERNS YOU JUST ARTICULATED. >> IF THERE ARE NO OTHER QUESTIONS MAY I HAVE A MOTION TO APPROVE THE REQUEST FOR A STATE INFRASTRUCTURE BANK LOAN TO THE CITY OF MAGNOLIA IN ACAR DONS WITH STAFF RECOMMENDATIONS? >> SO MOVED. >> MAY I HAVE A SECOND? THANK YOU. ALL IN FAVOR PLEASE A AYE. RAYE. >> MOTION PASSES UNANIMOUSLY. >> PLEASE CONSIDERATION WITH 8B, A CONSIDERATION OF THE CITY OF CUT AND SHOOT FOR A STATE INFRASTRUCTURE BANK LOAN. >> ITEM 8B IS THE CONSIDERATION OF FINAL APPROVAL OF A REQUEST FROM THE CITY OF CUT AND SHOOT FOR A STATE INFRASTRUCTURE BANK LOAN TO BORROW UP TO 4,605,00 TO PAY FOR THE COST OF UTILITY RELOCATIONES IN FOR A NONTOLLED STATE HIGHWAY PROJECT TO WIDEN SH105 IN MONTGOMERY COUNTY. AGAIN, AS THIS IS A REQUEST FOR A TXDOT PROJECT, THIS IS THE ONLY TIME THE ITEM WILL COME BEFORE YOU. AND STAFF RECOMMENDS APPROVAL. >> COMMISSIONERS ARE THERE ANY REMARKS OR QUESTIONS FOR DIRECTOR ASHER? >> CAN'T PASS ON A REMARK, WHAT A WONDERFUL NAME. >> IT IS, YES. >> I'D JUST LIKE TO MAKE ONE COMMENT, AND THAT IS HOW COULD YOU TURN DOWN THE CITY OF CUT AND SHOOT? I MEAN, YOU GOTTA LOVE CUT AND SHOOT, TEXAS. SO WITH THAT MAY I HAVE A MOTION TO APPROVE THE REQUEST FOR A STATE INFRASTRUCTURE BANK LOAN TO THE CITY OF CUT ASK SHOOT, IN ACCORDANCE WITH STAFF RECOMMENDATION Z? >> SO MOVED. >> THANK YOU. COMMISSIONER NEW? >> SECOND. >> THANK YOU. ALL ALL IN FAVOR SAY AYE. ANY APPOSED? MOTION PASSES UNANIMOUSLY. >> ITEM 8C IS THE CONSIDERATION OF A REQUEST FROM ROYSE CITY FOR A STATE INFRASTRUCTURE BANK BANK LOAN. PLOAZ CONTINUE. >> THIS REQUEST IS FROM THE CITY OF ROYSE FOR A LOAN TO BORROW UP TO 3.5 MILLION TO PAY FOR THE COSTS OF UTILITY RELOCATION AND RIGHT OF WAY ACQUISITION NECESSARY FOR A NONTROLLED STATE HIGHWAY IMPROVEMENT PROJECT TO IMPROVE I-30 IN ROCK WALL COUNTY, TEXAS. THIS IS THE ONLY TIME IT WILL COME BEFORE YOU AND STAFF RECOMMENDS APPROVAL. >> ANY REMARKS OR QUESTIONS FOR DIRECTOR ASHER? HEARING NONE, MAY I HAVE A MOTION TO APPROVE THE REQUEST FOR A STATE INFRASTRUCTURE BANK LOAN TO ROYSE CITY IN ACCORDANCE WITH STAFF RECOMMENDATIONS? THANK YOU, COMMISSIONER VAUGHN. SECOND? THANK YOU. ALL IN FAVOR SAY AYE. >> AYE. >> ANY OPPOSED? MOTION PASSES UNANIMOUSLY. >> CHAIRMAN, ITEM 9 IS THE CONSIDERATION OF RESCINDING THE MINUTE ORDER 114170, DATED DECEMBER 18, 2014 AND RESCINDING THOSE PORTIONS OF MINUTE ORDER 114219 DATED FEBRUARY 26, 2015, WHICH AMENDED MINUTE ORDER 114170. RIGHT OF WAY DIVISION DIRECTOR KYLE MADSEND WILL PRESENT THIS ITEM. >> MR. CHAIRMAN, DID YOU HAVE, I THINK YOU HAD A FEW COMMENTS YOU WANTED TO MAKE. >> YES. BEFORE YOU PRESENT THE ITEM, I WOULD JUST LIKE TO SAY THAT I WOULD LIKE TO PRESENT SOME BACKGROUND INFORMATION ON THIS AGENDA ITEM, BEFORE THE COMMISSION VOTES ON IT. THEN I'D ASK THE STAFF TO SPEAK TO SOME OF THE SPECIFICS. IN SEPTEMBER OF 2015, GOVERNOR ABBOTT ASKED THE COMMISSION TO DEVELOP A STATEWIDE STRATEGIC PLAN, TO DIRECTLY ADDRESS THE CHOCK POINTS IN OUR MAJOR METROPOLITAN AREAS, GIVING THIS COMMISSION A CLEAR POLICY DIRECTIVE TO REDUCE CON JESS CON JESS TON ON TOAKS ROADS. SINCE THEN TXDOT ESTABLISHED THE CLEAR LANES INITIATIVE AS A STATEWIDE CENTRAL TRIAGIC PLAN TO PROVIDE CONGESTION RELIEF IN THE FIVE AREAS OF AUSTIN, DALLAS, FORT WORTH, HOUSTON AND SAN ANTONIO. SINCE THE ESTABLISHMENT OF TEXAS CLEAR LANES IN 015, TXDOT HAS BEEN FOCUSED ON EXECUTING CONGESTION RELIEF FOR THE PEOPLE THROUGHOUT THE STATE OF TEXAS. THROUGH THE TEXAS CLEAR LANES INITIATIVE, TXDOT AND THIS COMMISSION HAVE COMPLETED 12 PROJECTS ESTIMATED AT OVER A BILLION DOLLARS, STARTED CONSTRUCTION ON OVER 20 ADDITIONAL PROJECTS ESTIMATED AT ALMOST $8 BILLION. FUNDED AN ADDITIONAL 15 PROJECTS IN THE 2022UTP ESTIMATED AT APPROXIMATELY 15 BILLION. SO WE HAVE COMMITTED OVER $24 BILLION ON CONGESTION RELIEF JUST IN THE TEXAS CLEAR LANES PROGRAM ALONE. AND STAFF HAS ALREADY IDENTIFIED 50 FUTURE POTENTIAL PROJECTS THAT ARE ESTIMATED TO COST ABOUT $28 BILLION. SO THIS IS A VERY ROBUST PLAN, AGAIN, FOLLOWING THE DIRECTIVE OF GOVERNOR ABBOTT. AND I MIGHT ADD THAT'S THE ONLY TIME GOVERNOR ABBOTT HAS CALLED ON THIS COMMISSION TO DO ANY SPECIFIC THING. THAT'S HOW IMPORTANT CONGESTION RELIEF IS TO THE GOVERNOR AND TO THE PEOPLE OF THE STATE OF TEXAS. THE IMPORTANCE OF THIS CONGESTION RELIEF EFFORTS CAN BE UNDERSTOOD BY THE FACT THAT THE POP US OF TEXAS NOW STANDS AT MORE THAN 29 MILLION PEOPLE, WITH A PROJECTED POPULATION IN 2050 OF 47 MILLION, WHICH REPRESENTS A 62% INCREASE IN POPULATION. SPECIFICALLY TO SAN ANTONIO, THE AREA IMPACTED BY THIS AGENDA ITEM, THE GROWTH IS ANTICIPATED TO OUTPACE THE STATE'S GROWTH. TXDOT'S SAN ANTONIO DRINK POPULATION WAS 2.6 MILLION IN 2020. AND IT IS ANTICIPATED TO GROW TO 4.6 MILLION BY 2050, WHICH REPRESENTS A 77% INCREASE IN POPULATION IN SAN ANTONIO. TODAY TEXANS USE ACAR OR TRUCK TO A DEGREE OF 97%. 97% OF TEXANS USE A CAR OR TRUCK AS THEIR MEANS OF TRANSPORTATION, THROUGHOUT THE STATE OF TEXAS. WITH THAT THE COMMISSION'S RESPONSIBILITY IS TO PLAN FOR THE TRANSPORTATION NEEDS OF TEXAS TODAY AND THE FUTURE. A CRITICAL PART OF DELIVERING FOR THE PEOPLE OF THE STATE OF TEXAS IS CONGESTION RELIEF. THIS IS NOT JUST IN THE DELIVERY OF NEW PROJECTS FOR TEXAS CLEAR LANES, BUT MUST ALSO BE ACOMEEFD IN THE EXECUTION OF OTHER TXDOT PROJECTS AND THE MANAGEMENT OF OUR STATE ROADWAY SYSTEM. I FEEL STRONGLY THAT IF THIS COMMISSION DOES NOT TAKE THIS ACTION TODAY AND CAPACITY IS REDUCED FROM THREE LANES IN EACH DIRECTION TO TWO LANES IN EACH DIRECTION, WE WOULD ALLOW AN ACTION THAT WOULD BE IN DIRECT CONFLICT WITH OUR CLEAR STATED POLICY TO PROVIDE CONGESTION RELIEF FOR THE STATE OF TEXAS, SPECIFICALLY IN SAN ANTONIO, ONE OF OUR FIVE MAJOR METROPOLITAN AREAS, WHICH IS THE FOCUS OF THIS POLICY. WITH THAT, KYLE, I'D LIKE FOR YOU TO PROCEED. >> THANK YOU, CHAIRMAN. THIS ITEM CONCERNS MINUTE ORDER 114170 PASSED BY THE COMMISSION ON DECEMBER 18, 2014, WHICH WAS SUBSEQUENTLY AMENDED ON FEBRUARY 26, 2015 BY MINUTE ORDER 114219. THESE MINUTE ORDERS APPROVED THE REMOVAL OF APPROXIMATELY 2.2 MILES OF STATE LOOP 368, FROM THE CITY LIMITS OF ELMO HEIGHTS SOUTH TO INTERSTATE 35, FROM THE STATE HIGHWAY SYSTEM UPON THE ISSUE WANTS OF A PROJECT LETTER FOR PROJECT CSJ001608034. ONCE THE PROJECT ACCEPT STANDS LETTER WAS ISSUED, JURISDICTION CONTROL AND MAINTENANCE OF THIS 2.2-MILE SECTION OF STATE LOOP 368 WAS TO BE TRANSFERRED TO THE CITY OF SAN ANTONIO, AND ON THE RECOMMENDATION OF THE COMMISSION THE GOVERNOR OF TEXAS WOULD CONSIDER EXECUTING THE REQUIRED INSTRUMENT TO TRANSFER ALL THE STATE'S RIGHT, TITLE AND INTEREST TO STATE LOOP 368, TO THE CITY OF SAN ANTONIO. HOWEVER, A PROJECT ACCEPTANCE LETTER FOR PROJECT CSJ001608034 HAS NEVER BEEN ISSUED BY TXDOT, AND THE STATE'S RIGHT, TITLE AND INTEREST IN STATE LOOP 368 HAS NEVER BEEN TRANSFERRED BY THE GOVERNOR TO THE CITY OF SAN ANTONIO. OVER THE PAST SEVEN YEARS SINCE THE LAST MINUTE ORDER, TEXT DOT STAFF HAS WORKED WITH THE CITY OF SAN ANTONIO TO CONSIDER OPTIONS FOR THIS SECTION OF STATE LOOP 368 THAT WOULD ENABLE A PROJECT ACCEPTANCE LETTER TO BE ISSUED. THE CITY'S DESIRE IS FOR TXDOT TO REDUCE THE NUMBER OF THROUGH LANES ON STATE LOOP 368 FROM THREE LANES TO TWO IN EACH DIRECTION. THE SAN ANTONIO DISTRICT OF TXDOT HAS EVALUATED THIS REQUEST AND FOUND THAT IT WOULD RESULT IN AN UNACCEPTABLE DECREASE IN TRAFFIC LEVEL SERVICE ALONG THE ENTIRE LENGTH OF THE ROADWAY. GIVEN THESE RESULTS, TXDOT CANNOT AGREE TO THE REDUCTION OF LANES ON 368. BUT THE DEPARTMENT AND THE DISTRICT ARE COMMITTED TO WORKING WITH THE CITY AND LOCAL STAKE HOLDERS TO ADDRESS OPPORTUNITIES TO IMPROVE SAFETY AND MOBILITY FOR ALL USERS ALONG THE ROUTE. IN ORDER FOR THESE EFFORTS TO MOVE FORWARD, STAFF HAS DETERMINED IT IS IN THE BEST INTEREST OF THE STATE THAT STATE LOOP 368 REMAINS UNDER THE JURISDICTION AND CONTROL AND MAINTENANCE OF THE DEPARTMENT, AND RECOMMENDS BY THIS ITEM THE COMMISSION RESCIND ALL PORTIONS OF MINUTE ORDER 114170 AND MINUTE ORDER 114219 CONCERNING THE POTENTIAL FUTURE REMOVAL OF STATE LOOP 368 FROM THE STATE HIGHWAY SYSTEM. STAFF RECOMMENDS APPROVAL OF THE MINUTE ORDER, AND I'D BE HAPPY TO ANSWER ANY QUESTIONS. >> COMMISSIONERS, ANY REMARKS OR QUESTIONS FOR DIRECTOR MADSEND? OKAY. >> HAVING READ THE LETTERS THAT WERE SENT IN AND THEN HAVING THE PRESENTATION, YOUR PRESENTATION AND THESE FACTS, I BELIEVE I'M FULLY PREPARED TO LISTEN TO THE FURTHER COMMENTS AND THEN MAKE DECISIONS. >> I READ THAT THIS SECTION WAS ON THE STATE FREIGHT CORRIDOR. WAS THIS AREA ON THAT CORRIDOR WHEN WE MADE THE INITIAL MINUTE ORDER IN 2014? DO WE KNOW? I KNOW THAT ORDERS GET UPDATED, THAT'S WHY I WAS TRYING TO -- >> WE'D HAVE TO LOOK INTO THAT FOR YOU. >> OKAY. WE DON'T KNOW OR IT WASN'T? WE DON'T KNOW OFF THE TOP OF OUR HEADS, OKAY, I'M SORRY. I JUST GOT THAT. I'M JUST TRYING TO UNDERSTAND IF THAT CHANGED IN ONE OF THE FREIGHT PLANS. THANK YOU. >> IF THERE ARE NO OTHER REMARKS OR QUESTIONS FROM THE COMMISSIONERS, WE DO HAVE A NUMBER OF PEOPLE THAT HAVE REGISTERED TO SPEAK TODAY, I WOULD LIKE TO ASK MR. JEFF COYLE, PLEASE COME FORWARD, STATE YOUR NAME FOR THE RECORD AND THE ORGANIZATION YOU REPRESENT. >> GOOD MORNING. CHAIRMAN BUGG, GOOD TO SEE YOU AGAIN. COMMISSIONERS, THANK YOU FOR YOUR TIME THIS MORNING. MY NAME IS JEFF COYLE, I'M AN ASSISTANT CITY MANAGER WITH THE CITY OF SAN ANTONIO. I'M HERE ON BEHALF OF THE CITY TO RESPECTFULLY REQUEST A DELAY TO THIS ITEM SO THAT WE CAN WORK TOGETHER WITH TXDOT ON A RESOLUTION THAT KEEPS THIS PROJECT ON TRACK. THE BROADWAY CORRIDOR PROJECT IS CRITICALLY IMPORTANT TO OUR COMMUNITY. IT WAS THE SIGNATURE PROJECT IN THE CITY'S 2017 BOND PROGRAM THAT WAS APPROVED BY VOTERS, BY 72%. THREE OUT OF FOUR VOTERS VOTED TO APPROVE $42 MILLION TO REVITALIZE A CORRIDOR THAT WITH 281 RUNNING NORTH-SOUTH TO THE WEST OF IT, 35 RUNNING EAST, IS CLEARLY NOT BEING USED AS A STATE HIGHWAY, AND IN THE STATE'S OWN DOCUMENTS BACK IN 14-15 WAS NO LONGER NECESSARY AS PART OF THE STATE HIGHWAY SYSTEM. SINCE THAT 2017 VOTE, BUSINESSES UP AND DOWN THE CORRIDOR HAVE INVESTED MILLIONS OF DOLLARS IN NEW DEVELOPMENT, WHICH WAS ONE OF THE OBJECTIVES OF THIS PROJECT. AND TXDOT, FOR ITS PART HAS BEEN A PARTNER WITH THE CITY FOR FIVE, SIX, SEVEN YEARS NOW, SINCE THE 2014-15 TURNOVER, TURNBACK AGREEMENT TO A 2016 COMMITMENT LETTER FROM OUR DISTRICT ENGINEER IN TXDOT AT THE TIME, COMMITTING BOTH $5 MILLION TO THE PROJECT AND AGREEING TO THE VERY CONCEPT OF A COMPLETE STREET THAT ULTIMATELY WENT TO VOTERS THE FOLLOWING YEAR. THEY HAVE CONTINUED TO BE INVOLVED IN REVIEWING AND PARTICIPATING THE DESIGNS, THE SCHEMATICS, THE DESIGNS ARE UNDER WAY NOW, THE ENVIRONMENTAL WORK IS UNDER WAY NOW. AND LATE LAST YEAR WE RECEIVED THE ADVANCED FUNDING AGREEMENT DOCUMENTATION FROM TXDOT TO THE CITY. ALL OF THIS IS TO SAY THAT TEXT DOT HAS BEEN WITH US EVERY STEP OF THE WAY. UNTIL VERY RECENTLY, WHEN WE RECEIVED NOTICE THAT THIS COMMISSION WOULD BE CONSIDERING AN ITEM TO POTENTIALLY RESCIND THE TURNBACK AGREEMENT FROM 2014-15. NOW, WE HAVE A LONG STANDING RELATIONSHIP BETWEEN THE CITY AND TXDOT, WE WORK EXTREMELY WELL TOGETHER. I THINK THE CHAIRMAN WOULD AGREE TO THAT, I HOPE OUR PARTNERS HERE LOCALLY WOULD AGREE TO THAT. CERTAINLY WE CAN WORK TOGETHER ON A RESOLUTION THAT PRESERVES THE ESSENCE OF THIS PROJECT, AND FRANKLY PRESERVES OUR CONTRACT WITH THE VOTERS. CERTAINLY WE CAN GET TOGETHER ON A PROJECT OF THIS MAGNITUDE THAT HAS BEEN APPROVED BY VOTERS THAT HAS BEEN THE SUBJECT OF YEARS OF COLLABORATION BETWEEN OUR AGENCIES, AND COME UP WITH A SOLUTION THAT WARRANTS MORE THAN AN ABRUPT UNILATERAL HALT OF THE PROJECT. I WANT TO TOUCH ON, THERE'S BEEN A LOT OF CONVERSATION THIS MORNING ABOUT SAFETY AND THAT'S BEEN A KEY OBJECTIVE OF THIS PROJECT. ALL ALONG, IN DIRECT ALIGNMENT WITH THE WORK THAT YOU ALL ARE DOING. COMMISSIONERS NEW AND RYAN, WE ARE VERY GRATEFUL FOR YOUR WORK ON THE RIGHT TO ZERO PLAN. THIS PROJECT IS A VERY BIG STEP IN THAT DIRECTION. IN THE SEVEN YEARS THAT WE'VE BEEN WORKING ON THIS, THERE HAVE BEEN MERELY 500 PEDESTRIAN AND VEHICLE CRASHES ALONG THAT STRETCH OF CORRIDOR. THE INTENT IS TO MAKE THIS A SAFER CORRIDOR FOR ALL USERS. WE UNDERSTAND THAT THERE ARE QUESTIONS ABOUT THE IMPACTS ON TRAFFIC. OUR CITY ENGINEERS HERE CAN SPEAK BETTER THE TECHNICALITY OF IT, BUT THE TRAFFIC STUDIES THAT WE'VE DONE INDICATE THAT THE NO-BUILD OPTION OF LEAVING THREE LANES IN EACH DIRECTION AND A CENTER TURN LANE WOULD ACTUALLY HAVE WORSE EFFECTS ON TRAFFIC CONGESTION THAN WOULD THE PROPOSED PROJECT, AND THAT'S BECAUSE OF TRAFFIC SIGNAL TIMING, THAT'S BECAUSE OF TURN LANES AND INTERSECTIONS, AND THAT'S BECAUSE OF ACCOMMODATING OTHER MODES OF TRANSPORTATION, SUCH AS PEDESTRIAN, CYCLISTS AND TRANSIT. SO ALL OF THAT SAID, WE SIMPLY ARE ASKING FOR A LITTLE MORE TIME HERE. THIS HAS STUNNED ALL OF US IN SAN ANTONIO, WE'D REALLY LIKE TO WORK WITH YOU, FIGURE OUT A RESOLUTION AND KEEP THIS PROJECT GOING. I'M HAPPY TO ANSWER ANY QUESTIONS. >> THANK YOU, MR. COYLE. NEXT, WE HAVE DAVID McBETH. PLEASE COME FORWARD, STATE YOUR NAME FOR THE RECORD AND THE ORGANIZATION YOU REPRESENT. >> GOOD MORNING, COMMISSIONERS AND ATTENDEES. MY NAME IS DAVID McBETH AND I'M AN ASSISTANT CITY ENGINEER WITH PUBLIC WORKS DEPARTMENT FOR THE CITY OF SAN ANTONIO. THANK YOU FOR THE OPPORTUNITY TO ADDRESS YOU ALL IN THIS CRITICALLY IMPORTANT ITEM. FIRST I'D LIKE TO NOTE THAT WE HAVE WORKED, I'VE WORKED WITH SAN ANTONIO DISTRICT OFFICE FOR OVER 30 YEARS, I FOUND THE STAFF IN SAN ANTONIO TO BE PROFESSIONAL, COURTEOUS, AND SUPPORTIVE. THEY'VE BEEN GREAT PARTNERS WITH THE CITY OF SAN ANTONIO ON NUMEROUS PROJECTS FOR MANY YEARS. TEXT DOT HAS WORKED HAND AND HAND WITH THE CITY SINCE THE VERY BEGINNING OF THE DEVELOPMENT OF THE BROADWAY PROJECT. NOT LONG AFTER THE MINUTE ORDERS WERE APPROVED, THE COMMITTEE BEGAN WORKING ON THE SCHEMATIC PLAN IN 2016 WITH MANY MEMBERS OF THE PUBLIC, STAKE HOLDERS AND INCLUDING TXDOT STAFF. THIS HELPED US FORMULATE AND SCOPE ESTIMATES TO INCLUDE THE PRODUCT WAY PROJECT IN THE 2017 BOND PROGRAM. IN 2016, TXDOT AND THE MPO APPROVED 14 MILLION IN FUNDING STATE AND FEDERAL SOURCES FOR BROADWAY AS PART OF THE TURNBACK. THE TIP LANGUAGE INCLUDES A REDUCTION OF LANES ALONG BROADWAY FROM SIX TO FOUR, IN LINE WITH THE CONCEPT PLAN THE CITY HAD DEVELOPED. SINCE THE PASSAGE OF THE BOND IN 2017, WE HAVE PROGRESSED ON THE FURTHER DEVELOPMENT BROADWAY PROJECT FOLLOWING TXDOT LOCAL GOVERNMENT PROCEDURES, IN CLOSE COORDINATION WITH THE SAN ANTONIO DISTRICT. THAT INCLUDES DESIGN SCHEMATIC PLANS FROM 35 TO -- DESIGN PLANS FROM 35 TO MULBERRY, PHASE ONE, AND ASSOCIATED ENVIRONMENTAL DUE DILIGENCE NEEDED FOR TO MEET THE REQUIREMENTS. SINCE THE BEGINNING OF THE SCHEMATIC AND DESIGN PLAN DEVELOPMENT IN 2018, THE DESIGN OF PRODUCT WAY HAS WAIDZ ENVISIONED TRANSFORMING THE CORRIDOR INTO A MULTIMODE AL URBAN STREET TO INCREASE SAFETY FOR ALL MODES OF TRANSPORTATION, TO SERVE THE COMMUNITY. THE VISION FOR THIS URBAN STREET CORRIDOR REQUIRES THE REALLOCATION OF SPACE FROM TWO DRIVING LANES OUT OF THE SIX TO ACCOMMODATE WILDER PEDESTRIAN PATHWAYS AND INCLUDE PROTECTED AND SEPARATED BIKE FACILITIES. AS WELL AS LANDSCAPING IMPROVEMENTS FOR SHADE. THIS IS EXACTLY CONSISTENT WITH FHWA DESIGN OF URBAN STREETS AS WELL AS TXDOT'S OWN STATE LONG-RANGE TRANSPORTATION PLAN 2035. EVERY PROJECT WE WORKED ON WITH TXDOT OVER THE LAST 10 YEARS HAS REQUIRED US TO ACCOMMODATE BIKE AND PEDESTRIAN IMPROVEMENTS. NOW TEXT DOT IS SUDDENLY TELLING US AFTER SIX YEARS OF DESIGN DEVELOPMENT THAT THOSE ELEMENTS ARE NOT IMPORTANT. WE SEE BROADWAY AS AN URBAN SAFE STREET THAT CAN BE TRANSFORMED FOR ALL USERS INCLUDING VEHICLES, TRANSIT, PEDESTRIANS AND BIKES. BROADWAY SERVES ITS PURPOSE AS AN URBAN HIGH FOR MANY YEARS, BUT A HIGHWAY IS NO LONGER NEEDED. WE HAVE LEARNED THIS WEEK THAT THE TXDOT STAFF HAS SOMED IN UNDERSTANDS WITH TRAFFIC STUDIES THAT WE PERFORMED. WE BELIEVE THE STUDIES SHOW THAT VEHICLES CAN STILL EFFECTIVELY USE BROADWAY WITH THE URBAN STREET DESIGN AND ITS MULTIMODAL ELEMENTS. WE HAVE NOT HAD THE OPPORTUNITY TO SIT DOWN WITH STAFF TO CLEAR UP THESE MISUNDERSTANDINGS, BUT WE ARE HERE TODAY TO ASK FOR THE OPPORTUNITY TO DO SO. SO WE ASK YOU, THE COMMISSION MEMBERS, TO PLEASE ALLOW THE CITY TO CONTINUE TO WORK TO RESOLVE THE DESIGN CONCERNS THAT TXDOT STAFF HAS RAISED. WE HAVE INVESTED LOTS OF TIME, MONEY AND COMMITMENTS TO OUR COMMUNITY BASED ON OUR PROJECT DEVELOPMENT ALONG WITH TXDOT. PLEASE POSTPONE THIS ACTION TODAY TO HONOR THE INTEGRITY OF THE PARTNERSHIP WE HAVE WITH YOU ALL. THANK YOU VERY MUCH. >> THANK YOU, MR. McBETH. AT THIS TIME I'D LIKE TO INVITE BUDDY COON TO PLEASE COME FORWARD, STATE YOUR NAME FOR THE RECORD AND THE ORGANIZATION YOU REPRESENT. THANK YOU. >> YES, SIR, THANK YOU FOR ALLOWING ME THE OPPORTUNITY TO SPEAK. I'M BUDDY COON, THE CITY MANAGER OF ELMO HEIGHTS, HERE IN SUPPORT TODAY OF MY COLLEAGUES FROM SAN ANTONIO AS WE HAVE A SIMILAR PROJECT THAT WE HAVE WORKED WITH TXDOT ON FOR A NUMBER OF YEARS. HAVE SOME PREPARED REMARKS I'D LIKE TO READ. THE CITY OF ELMO HEIGHTS REVITALIZATION PROJECT IS .7-MILE LONG FROM AUSTIN HIGHWAY SOUTH TO BURR ROAD. CITY LEADERS BEGAN FORMAL DISCUSSIONS IN 2016 WITH LOCAL STAKE HOLDERS INCLUDING SAN ANTONIO TXDOT SENIOR OFFICIALS, BEXAR COUNTY, AND THE RIVER AUTHORITY CONCERNING THE TURNBACK OF THE ROADWAY TO CITY OF ELMO HEIGHTS. THIS INCLUDED NARROWING THE ROADWAY, WILDER SIDEWALKS, BIKE LANES, BEAUTIFICATION, AND UNDERGROUND STORM WATER IMPROVEMENTS SIMILAR TO SAN ANTONIO'S PROJECT. IN 2017 AN APPLICATION COMPLETE WITH PROPOSED ILLUSTRATIONS WAS SUBMITTED TO THE ELMO AREA MPO ON BEHALF OF THE CITY BY TXDOT OFFICIALS AND INCLUDED LANE REDUCTIONS FROM SIX TO FOUR LANES. THE MPO LATER APPROVED $10 MILLION FOR THIS PROJECT AND TXDOT COMMITTED TO ADDITIONAL 4 MILLION IN FUNDING. AS THE IMPLEMENTING AGENCIES TXDOT ALSO COMMITTED TO PROJECT MANAGEMENT, ENGINEERING AND DESIGN, ENVIRONMENTAL AND HISTORICAL VIEW, AND HIRED AN ENGINEERING FIRM AND MARKETING GROUP FOR PUBLIC STAKE HOLDER ENGAGEMENT. IN FEBRUARY 2019, TEXT DOT OFFICIALS REQUESTED MEETINGS TO COMMIT TO EVERY TWO WEEKS FOR THIS PROJECT, ENVIRONMENTAL STUDIES BEGAN, ALONG WITH A HISTORICAL REVIEW, ALL BEING PAID FOR AND ORGANIZED BY TXDOT. WE'LL ALSO SAY THAT PUBLIC STAKE HOLDER MEETINGS BEGAN BEFORE 2019 ENGAGING LOCAL RESIDENTS AND BUSINESS OWNERS TO WORK ON THE DESIGN AND VISION FOR THE PROJECT. THE CITY PAID FOR AN ECONOMIC IMPACT STUDY, HIRED AN ARCHITECTURAL ENGINEERING FIRM, BEGAN A BOND EDUCATION CAMPAIGN IN EARLY 2020, ASKING THE VOTERS OF ELMO HEIGHTS FOR $13.25 MILLION NEEDED FOR DRAINAGE INCH R IMPROVEMENTS WHICH PASSED OVERWHELMINGLY, 79%. TXDOT ESTIMATED THE COST TO BE OVER 31 MILLION FOR THIS PROJECT, THE CITY WAS RESPONSIBLE FOR ABOUT 50% OF THE FUNDING. ADDITIONAL FUNDING FOR THE PROJECT HAS ALSO BEEN PLEDGED BY BEXAR COUNTY IN EXCESS OF 8.4 MILLION TO ADDRESS FLOODING AND IMPROVE WATER QUALITY IN THE SAN ANTONIO RIVER. TEXT DOT HAS ALREADY SPENT MILLIONS OF DOLLARS IN THE DESIGN OF THIS PROJECT AND AT NO TIME WERE CITY OFFICIALS LED TO BELIEVE THAT THIS PROJECT WOULD NOT BE ULTIMATELY APPROVED BRING THE BOARD BUT MERELY A FORMALITY. IN SEPTEMBER 2021 WE WERE INFORMED THERE WAS NO LONGER A PROJECT IN A ROUTINE MEETING. NEEDLESS TO SAY WE WERE STUNNED AFTER YEARS OF WORK. WE WERE ENCOURAGED BY LOCAL TXDOT OFFICIALS TO PROCEED WITH OUR BOND ELECTION, AND I QUOTE FROM A MARCH 2020 EMAIL FROM SENIOR TEXT NOT OFFICIAL, IT SEEMS LOGICAL TO WAIT UNTIL AFTER YOUR BOND ELECTION AS IT WILL INDICATE SUPPORT FROM THE COMMUNITY IF IT PASSES. THE COMMISSION WOULD WANT TO KNOW THERE'S SUPPORT FOR THIS PROJECT, END QUOTE. IN CLOSING WE BELIEVE THAT THE LONG-TERM ECONOMIC IMPACTS FAR OUTWEIGH THE DENIAL OF BOTH PROJECTS, BASED ON AN ADDITIONAL ONE OR TWO MINUTES OF TRAVEL TIME FROM A RECENT TRAFFIC STUDY CONDUCTED BY TXDOT. THANK YOU FOR CONSIDERING OUR COMMENTS FOR BOTH OF THESE PROJECTS, AND I RESPECTFULLY ASK YOU LOOK INTO THIS FURTHER BEFORE MAKING A FINAL DECISION. THANK YOU. >> THANK YOU, MR. COON. AT THIS TIME I WOULD LIKE TO INVITE CAREY KUNAMIRA, TO COME FORWARD. PLATE STATE YOUR NAME AND THE ORGANIZATION YOU REPRESENT. >> GOOD MORNING. MY NAME IS CARRIE K. AND I'M THE EXECUTIVE DIRECTOR OF -- WE'RE A NONPROFIT WHO ADVOCATES FOR ACTIVE TRANSPORTATION INFRASTRUCTURE FOR ALL AGES AND ABILITIES, GIVING SAN ANTONIO THE FREEDOM TO MOVE HOWEVER THEY CHOOSE. SO THANK YOU FOR HAVING US HERE TODAY AND GIVING US A VOICE. I'M HERE REPRESENTING A FAIRLY LARGE CONSTITUENCY OF PUTTY MODAL TRANSIT USERS WHO COULD NOT MAKE IT HERE THIS MORNING. I'M HERE TO SPEAK IN OPPOSITION OF THE TEXAS DEPARTMENT OF TRANSPORTATION RESCINDING MINUTE ORDER 114170 AND RESCINDING THOSE PORTIONS OF MINUTE ORDER 114219 DATED FEBRUARY 26 WHICH AMENDED MINUTE ORDER 114170. BROADWAY BELONGS TO SAN ANTONIO. OVER SIX YEARS AGO SAN ANTONIO WAS GIVEN THE OPPORTUNITY TO TURN 2.2 MILES OF BROADWAY INTO A SAFE AND ACCESSIBLE COMPLETE STREET. THE CITY HAS MADE SIGNIFICANT INVESTMENTS UP AND DOWN THE CORRIDOR AND IS WORKING IN ALIGNMENT WITH VISION ZERO IN ORDER TO KEEP US SAFE AND IMPROVE OUR QUALITY OF LIFE. LAURA, EARLIER YOU SPOKE SO FASHION ATLY ABOUT THE NEED FOR SAFETY OF OUR LOVED ONES AND -- THIS YEAR WE'RE SEEING THE HIGHEST NUMBER OF FATALITIES. IF WE REDUCE THE NUMBER OF TRAVEL LANES ON BROADWAY FROM SIX TO FOUR WE CAN REDUCE THE POSSIBILITY OF CRASHES. LOCAL BUSINESSES, COLLEGES, MUSEUMS AND GREEN SPACES ALL GARDEN AROUND THIS CULTURAL CONNECT FOR, INCREASING ACCESS TO BOOMING BUSINESSES AND NEW DEVELOPMENT IN THE AREA. WITH THE INCREASE IN BUSINESS COMES AN INCREASE IN TRAFFIC. THE CITY'S PROPOSED CHANGES TO BROADWAY WILL HELP US SAFELY MOVE THROUGH OUR CITY HOW WE CHOOSE. WE NEED TO PROTECT STUDENTS WALKING, BIKING, AND TAKING THE BUS TO CLASSES. WE NEED TO PROTECT PARENTS WHO ARE TAKING THEIR STROLLER TO THE PARK. RESIDENTS WHO CHOOSE TO LIVE IN THIS AREA CHOOSE TO LIVE HERE BECAUSE THEY WERE PROMISED A WALKABLE AND BIKABLE NEIGHBORHOOD. ALL THESE FOLKS DESERVE THE PROMISE OF SAFETY AND ACCESSIBILITY ON BROADWAY. LET US SHARE THE RESPONSIBILITY TO REDUCE INJURIES AND FATALITIES ON THE ROAD. IN LINE WITH THE CITY OF SAN ANTONIO'S REQUESTED ACTION, PLEASE POSTPONE ANY ACTION ON ITEM 9 TO ALLOW FOR FURTHER NEGOTIATIONS BETWEEN THE CITY AND TXDOT STAFF. THANK YOU ALL. >> THANK YOU. AT THIS TIME I WOULD LIKE TO INVITE LYDIA KELLY, PLEASE COME FORWARD, STATE YOUR NAME FOR THE RECORD AND THE ORGANIZATION YOU REPRESENT. >> THANK YOU VERY MUCH FOR YOUR TIME. MY NAME IS LYDIA KELLY, I'M REPRESENTING BIKE TEXAS, AND A LOT OF PEOPLE WHO RIDE BICYCLES IN SAN ANTONIO. I USED TO TEACH BICYCLE SAFETY IN ELEMENTARY SCHOOLS, WHEN I WORKED AT THE MPO, SO IT'S VERY NEAR AND DEAR TO MY HEART. A PREVIOUS AGREEMENT WAS MADE YEARS AGO IN 2014 TO TURN BROADWAY OVER TO THE CITY OF SAN ANTONIO. SIMILAR TO OTHER AGREEMENTS THAT HAVE BEEN MADE BEFORE 2014, NOW THIS COMMISSION SEEMS PREPARED TO GO BACK ON THAT AGREEMENT. IT IS MY UNDERSTANDING THE CITY OF SAN ANTONIO HAS BEEN OPERATING IN GOOD FAITH WITH COMPLETE SUPPORT AND CONCURRENCE OF THE TXDOT DISTRICT OFFICE. MANY TAXPAYERS FUNDS HAVE ALREADY BEEN SPENT ON PLANNING BY THE CITY OF SAN ANTONIO. FUNDS HAVE ALSO BEEN SPENT ON WORK THAT IS CURRENTLY UNDER WAY BASED ON THE AGREEMENT MADE WITH THIS COMMISSION YEARS AGO. THE PROPOSED ACTION COULD CAUSE THE CITIZENS OF SAN ANTONIO AND EVERY OTHER COMMUNITY IN THE STATE OF TEXAS TO WONDER AND WORRY IF TXDOT CAN BE TRUSTED TO KEEP ITS WORD. THE FINISHED ROADWAY BY THE CITY OF SAN ANTONIO NOW ELMO HEIGHTS PROMISES TO MAKE BROADWAY A MUCH SAFER PLACE FOR PEDESTRIAN, PEOPLE WHO RIGHT BIKES AS WELL AS MOTORISTS. IT COULD ACTUALLY HELP REDUCE THE FATALITIES THAT PLAGUE ALL DISTRICTS IN TEXAS. I WOULD LIKE TO RESPECTFULLY REMIND THIS COMMISSION THAT SCIENCE HAS SHOWN THAT WE CANNOT BUILD OUR WAY SOLELY BY BUILDING MORE LANES OUT OF CONGESTION. IT IS IMPERATIVE TO CONSIDER OTHER OPTIONS TO BUILDING MORE LANES TO REDUCE CONGESTION. INVEST IN ALTERNATIVE MODES OF TRANSPORTATION SUCH AS TRANSIT AND SAFE BICYCLE FACILITIES. BOTH TRANSIT AND BICYCLE FACILITIES SUPPORT CLEANER AIR, MORE THAN MOTORIZED VEHICLES DO. PER SCIENCE, SUPPORTING COMPLETE STREETS ALSO SUPPORTS A REDUCTION IN FATALITIES. BIKE TEXAS RESPECTFULLY REQUESTS THAT THIS COMMISSION VOTE TO HONOR THE AGREEMENT OF 2014 TO TURN BROADWAY OVER TO THE CITY OF SAN ANTONIO. THANK YOU VERY MUCH. >> THANK YOU, MS. KELLY. AT THIS TIME I WOULD LIKE TO INVITE BRIAN MARTIN, PLEASE COME FORWARD, STATE YOUR NAME FOR THE RECORD AND THE ORGANIZATION YOU REPRESENT. >> GOOD AFTERNOON, I'M BRIAN MARTIN FROM BIKE CITY SAN ANTONIO, THANK YOU FOR ALLOWING US TO TALK ABOUT BROADWAY. I WANTED TO TOUCH BASE AS A ROAD USER OF BROADWAY, I LIVE OFF OF BROADWAY IN THE WETMORE AREA, THIS IS ABOUT AN 8-MILE RIDE WHETHER I'M ON MY BIKE, A BUS OR IN A CAR. TO GET DOWN TO DOWNTOWN. WHICH IS VERY IMPORTANT FOR MY BUSINESS. I'M ALSO A SMALL BUSINESS OWNER. I WOULD LIKE TO INVITE THIS COUNCIL TO TRY TO RIDE BROADWAY AT A PEAK HOURS, TO GO GET A KID FROM SCHOOL ON A BIKE. WHEN YOU'RE TRYING TO BIKE WITH A BUS BEHIND YOU, IT'S NOT VERY FUN. SO WHEN YOU SAY PEOPLE DON'T WANT TO USE BIKES TO GET AROUND, IT'S BECAUSE THEY DON'T HAVE THE INFRASTRUCTURE NEEDED. I'M JUST SAYING IF THERE WAS A BIKE LANE ON BROADWAY, THIS WOULD HELP ME OUT A LOT AND WOULD HELP MY COMMUNITY A LOT. SO I'M JUST TALKING HERE OUT OF PASSION. YOU KNOW, I WENT TO SCHOOL IN LUBBOCK, I'VE GOT FAMILY DOWN IN THE VALLEY. WHAT I'D LIKE TO SEE IS MORE COMPASSION FOR OTHER ROAD USERS BESIDES CAR DRIVERS. AND BY REDUCING THE ROAD TRAFFIC DOWN TO TWO LANES, THIS WOULD HELP A LOT. BECAUSE IF YOU HAVE SIX LANES AND YOU HAVE A 35-MILE PER HOUR SPEED LIMIT, NOBODY IS GOING TO DRIVE 35, THEY'RE GOING TO GO 45, 50. BUT IF YOU PUT THAT ROAD ON A DIEET AND YOU GIVE PEDESTRIANS, BUS USERS AND CYCLISTS THEIR SPACE, IT MAKES IT SAFER FOR EVERYBODY. SO BEFORE YOU GUYS MAKE YOUR DECISION TODAY, I'D REALLY REALLY REALLY REALLY ASK YOU PLEASE TO CONSIDER OTHER PEOPLE THAT ARE TRYING TO USE THIS ROAD, AND THAT THIS IS A VERY IMPORTANT PROJECT FOR SAN ANTONIO. I'M VERY JEALOUS OF SOUTH CONGRESS HERE. I'M FROM AUSTIN. SO I'M VERY JEALOUS ABOUT THE BIKE LANES THAT WE HAVE HERE IN AUSTIN, AND I'D LIKE TO SEE THOSE IN SAN ANTONIO. THANK YOU SO MUCH FOR YOUR TIME AND CONSIDERATION. >> THANK YOU, MR. MARTIN. AT THIS TIME I WOULD LIKE TO INVITE MR. JAY CROSSLEY, PLEASE COME FORWARD, STATE YOUR NAME AND THE ORGANIZATION YOU REPRESENT. >> MY NAME IS JAY CROSSLEY, THANKS AGAIN FOR YOUR TIME AND SERVICE. FOR A LONG TIME I'VE HAD AN INTEREST IN THE MANY URBAN STRODES IN OUR CITIES THAT ARE ON SYSTEM TXDOT FACILITIES. I BELIEVE FIXING MANY OF THESE MAJOR URBAN ARTERIALS TO MAKE THEM SAFE MULTIMODAL STREETS APPROPRIATE FOR THE URBAN CONTEXT IS ONE OF THE GREATEST UNTAPPED OPPORTUNITIES, WITH MUCH GREATER BANG FOR THE BUCK IN TERMS OF PUBLIC AND ECONOMIC BENEFITS THAN THINGS LIKE EXPANDING FREEWAYS. NORTH LAMAR IN AUSTIN BETWEEN 183 AND -- IS A TXDOT FACILITY. ONE OF THE MOST DEADLY ROADS IN THIS REGION. I HAVE ASKED YOU HERE MULTIPLE TIMES TO FOCUS ON MAKING THAT STREET SAFE, AND JOSEPH HAS BEGGED YOU TO MAKE IT SAFE TO WALK ACROSS THAT STREET AND TWO OR THREE PEOPLE DIE ON THAT SEGMENT EVERY YEAR. TXDOT HAS NOT TOUCHED NORTH LAMAR AS FAR AS I KNOW, AND WE SPEND MORE MONEY ON ROADS THAN ANY OTHER STATE. NORTH LAMAR DOESN'T HAVE SIDEWALKS. MANY SAFETY ADVOCATES AND CITY LEADERS HAVE TRIED TO SIMPLY TRANSFER CONTROL OF THESE TYPES OF FACILITIES TO THE CITIES, BECAUSE IT IS WIDELY BELIEVED THAT TXDOT SIMPLY DOES NOT UNDERSTAND THIS TYPE OF TRANSPORTATION FACILITY OR HOW TO PROVIDE SAFETY, EFFICIENT MULTIMODAL TRANSPORTATION FOR URBAN PLACES. HOWEVER, I HAVE OFTEN PUSHED BACK SAYING THAT TXDOT CAN AND MUST LEARN TO INVEST HEAVILY IN SAFE MULTIMODAL URBAN CORRIDORS. AND THEN THIS IS APPARENTLY ABOUT CONGESTION, SO I LOOKED UP THE NUMBERS. BETWEEN 2012 AND 2021, ON THIS 2.2-MILE SEGMENT OF BROADWAY, 27 PEOPLE SUFFERED SERIOUS INJURIES, AND ABOUT 3,000 PEOPLE WERE INVOLVED IN CRASHES. THE ECONOMIC IMPACT OF THOSE CRASHES ON THIS SECTION OF ROADWAY IS $50 MILLION. THE COMPREHENSIVE COSTS WHERE YOU FACTOR IN PAIN AND SUFFERING WAS $270 MILLION. SO I WOULD LIKE TO HEAR THE NUMBERS ON HOW MUCH OF THIS CONGESTION BENEFIT, OF NOT MOVING FORWARD WITH THE LOCAL PLAN TO MAKE THIS PLACE SAFE. AND I ALSO WANT US TO FIX LAMAR AND FIX ALL OF THESE ROADS, AND TXDOT CAN DO THIS, AND TXDOT CAN BUILD MULTIMODAL STREETS. SO, THANK YOU VERY MUCH. >> THANK YOU, MR. CROSSLEY. THAT CONCLUDES OUR COMMENT CARDS ON THIS AGENDA ITEM. AT THIS TIME, I WOULD LIKE TO ASK BUCKIE TO PLEASE COME FORWARD, AND I HAVE A QUESTION FOR YOU. BECKY IS OUR TXDOT DEPUTY GENERAL COUNSEL, AND THE QUESTION I HAVE IS THERE HAVE BEEN SUGGESTIONS THAT THERE'S BEEN SHARED BY THE CITY THAT SUGGEST THAT THE PORTION OF STATE LOOP 368, WHICH IS KNOWN AS BROADWAY, THAT AS PART OF THIS MINUTE ORDER NOW BELONGS TO THE CITY OF SAN ANTONIO. CAN YOU PLEASE CLARIFY FOR THE RECORD TXDOT'S OWNERSHIP OF BROADWAY. >> TXDOT STILL HOLDS SUPERIOR CONTROL AND RESPONSIBILITY OVER THIS PORTION OF STATE LOOP 368. AFTER THOSE MINUTE ORDERS THE FIRST MINUTE ORDER BETWEEN DECEMBER AND FEBRUARY WE DID NOT MAKE ANY INROADS TO GET THE A.G. APPROVAL OR GOVERNOR TO SIGN OFF ON THE TRANSFER OF THAT PROPERTY. SO WE MAINTAINED IT UNTIL THE SECOND MICHIGAN ORDER CAME IN THAT REQUIRED THE ACCEPTANCE OF THE CONSTRUCTION PROJECT. THAT CONSTRUCTION PROJECT HAS NOT BEEN COMPLETED, SO TXDOT HAS NOT TAKEN ANY ACTION ON THE MINUTE ORDER TO TRANSFER OUR RIGHTS TO THE CITY OF SAN ANTONIO. SO TXDOT STILL DOES HAVE COMPLETE CONTROL OVER THAT PORTION OF THE ROADWAY. >> THANK YOU FOR CLARIFYING THAT. AT THIS TIME I'D LIKE TO INVITE THE DISTRICT ENGINEER FOR THE SAN ANTONIO DISTRICT, PLEASE COME FORWARD. GINA, I HAVE SOME QUESTIONS I'D LIKE TO ASK YOU. OVER THE PAST SEVEN YEARS, HAS YOUR STAFF IN THE SAN ANTONIO DISTRICT CONTINUED TO MAINTAIN THIS SECTION OF STATE LOOP 368 KNOWN AS BROADWAY? >> YES, WE HAVE, CHAIRMAN. AS A MATTER OF FACT JUST LOOKING AT THE MAINTENANCE LOGS IN THESE PAST YEARS, WE HAVE SPENT $1.3 MILLION JUST IN MAINTENANCE WORK ALONG 368, NOT TO MENTION ANY APPROVED PERMITS THAT WE'VE HAD TO GRANT. SO WE HAVE HAD FULL MAINTENANCE THESE PAST YEARS THROUGHOUT BROADWAY. >> LET ME ASK YOU THIS. (INAUDIBLE QUESTION). WHAT IMPACT WOULD THIS PROJECT HAVE ON TRAFFIC IN THE AREA? >> YES, WE HAVE LOOKED AT PAST TRAFFIC STUDY DATA AS WELL AS RECENT TRAFFIC DATA THAT HAS BEEN PROVIDED BY OUR OWN TPP HERE AT TXDOT OURSELVES. AND LOOKING AT THE PAST DATA, TRAFFIC STUDY WAS COMPLETED TO EVALUATE THE AVERAGE DAILY TRAFFIC ON THE ROADWAY DURING THE A.M. PEAK PERIODS IN THE MORNING AS WELL AS THE P.M. PEAK PERIODS IN THE LATE AFTERNOON. SO A CONCEPTUAL DESIGN THAT WAS PROPOSED IS TO REDUCE THE TRAFFIC LANES, AND THIS PROPOSAL WOULD ALSO RENEW THE CENTER LEFT TURN LANE AS WELL AS A TRAVEL LANE GOING IN EACH DIRECTION. SO LOOKING AT THE TRAFFIC STUDY THAT WE HAVE, THE LANE REDUCTION WOULD DECREASE THE NUMBER OF TRAVEL LANES FOR VEHICLES, WHICH IS GOING TO CAUSE A SIGNIFICANT DELAY FOR THE TRAVELING PUBLIC. SO IN ORDER TO DETERMINE IF THIS IS THE BEST FIT FOR THE AREA, THE LEVEL OF SERVICE ANALYSIS IS REALLY WHAT IS PERFORMED. THIS TAKES INTO ACCOUNT ANY TRAFFIC VOLUMES, SIGNAL TIMING, PHASING, LANE CONFIGURATION AND REALLY JUST THE OVERALL GEOMETRY OF THE ROADWAY. SO ITS PURPOSE IS TO ENSURE TRAVELERS CAN REALLY REACH THEIR DESTINATION IN TIME. WITH A MINIMUM LEVEL OF INCONVENIENCE. NOW, AN A LEVEL OF SERVICE, THAT IS THE MOST IDEAL, A IS THE BEST LEVEL OF SERVICE THAT YOU CAN GET AND F IS THE LEAST DESIRABLE. SO IF YOU DO RECEIVE AN F, THAT'S INDICATING CONDITIONS WHERE TRAFFIC VOLUMES EXCEED THE CAPACITY OF THE ROADWAY THAT CAN HANDLE THEM. SO LOOKING AT DATA FOR THE A.M. PEAK TIME, AGAIN THIS IS THE MORNING PEAK TIME ALONG BROADWAY, OUT OF THE 18 ENTER SEXES THAT ARE ALONG BROADWAY WITHIN THE CITY OF SAN ANTONIO CITY LIMITS, 12 WILL OPERATE AT A LOWER LEVEL OF SERVICE. AND OUT OF THOSE 12, SIX OF THOSE INTERSECTIONS WILL END UP OPERATING AT A LEVEL SERVICE F, AS IN FRANK, WHICH WILL REFLECT A CONDITION WHERE THE INTERSECTION IS OVER CAPACITY AND WON'T BE ABLE TO OPERATE AS EXPECTED. NOW LOOKING AT THE DATA FOR THE P.M. PEAK PERIOD, THAT PEAK PERIOD IN LATER IN THE DAY, 14 OUT OF THE 18 BER SECTIONS -- INTERSECTIONS WILL ALSO PERFORM AT A LOWER LEVEL OF SERVICE, AND 13 OUT OF THOSE 14 WILL PERFORM AT A LEVEL OF SERVICE F. SO IN SHORT THIS CORRIDOR WILL SEE A SERIOUS REDUCTION IN CAPACITY AND MUCH HIGHER CONGESTION LEVELS FOR DRIVERS IF THESE LANES ARE REMOVED, WHICH WILL END UP FORCING TRAFFIC ONTO SIDESTREETS, NEIGHBORING STREETS OR OTHER CORRIDORS. SO, AS WE MOVE FORWARD, WE ARE WANTING TO WORK WITH TXDOT, SAN ANTONIO DISTRICT. WE DO WANT TO WORK WITH THE CITY AND LOCAL STAKE HOLDERS TO IMPROVE SAFETY AND MOBILITY REALLY FOR ALL USERS OF THIS PORTION OF BROADWAY. THIS PORTION OF BROADWAY THAT IS WITHIN THE CITY OF SAN ANTONIO CITY LIMITS, BUT AT THIS TIME LOOKING AT THE TRAFFIC DATA AND ANALYZING WHAT WE HAVE OUT THERE, REDUCING A LANE IN EACH DIRECTION AS WELL AS TAKING AWAY THAT CENTER LEFT TURN LANE THROUGHOUT IS NOT THE MOST BENEFICIAL WAY TO GO. >> GINA, COULD YOU UPDATE US ABOUT WHAT IS THE STATUS OF THE ENVIRONMENTAL CLEARANCE ON STATE LOOP 368? AND WHAT IS THE RETAINMENT FEDERAL STANDARDS, HOW DOES THAT RELATE? >> OKAY, SO THE ENVIRONMENTAL SCOPING DOCUMENT, THIS BETWEEN CITY OF SAN ANTONIO AND TXDOT, THAT'S ACTUALLY NOT COMPLETED YET. THIS IS THE FIRST STEP TO GET THE PROCESS GOING. SO BASICALLY IT'S THE FIRST STEP OF THE ENVIRONMENTAL STUDY. SO, NO THE ENVIRONMENTAL STUDY RIGHT NOW IS NOT COMPLETE. AS PART OF MEPA THE ENVIRONMENTAL STUDY YOU ALSO HAVE TO HAVE FORMAL PUBLIC INVOLVEMENT WHICH HAS TO BE DONE. SO THE PROJECT DOES REQUIRE AN ACTUAL PUBLIC HEARING THAT ALSO HAS TO TAKE PLACE. AND TXDOT WOULD HAVE FINAL APPROVAL OF THE ENVIRONMENTAL DOCUMENT. NOW, ONE THING TO MENTION ALSO WITH THIS ENVIRONMENTAL STUDY IS THE, AND SOMETHING CHAIRMAN THAT I KNOW YOU DID NOT ASK BUT I'M GOING TO MENTION IT IS THE DEVELOPING OF THE SCHEMATIC. SO TYPICALLY THE SCHEMATIC IS DEVELOPED IN CONJUNCTION WITH THE ENVIRONMENTAL STUDY. IT'S NOT DONE AHEAD OF TIME, IT'S NORMALLY DONE AROUND THE SAME TIME. THE SCHEMATIC HAS BEEN MODIFIED. THE TYPICAL SECTION REDUCING A LANE IN EACH DIRECTION, AND AS WELL AS LOCATION OF ANY BICYCLE FACILITIES. AND AGAIN WE WOULD HAVE TO APPROVE THAT SCHEMATIC. NOW, ONE THING THAT COMUTIONER RYAN MENTIONED EARLIER, SHE ASKED ABOUT THE FREIGHT NETWORK. AND BACK IN 2014 WE ACTUALLY DID NOT HAVE A FREIGHT NETWORK IN PLACE THAT WAS ACTUALLY I GUESS YOU'D SAY JUST IN PLACE. BUT RIGHT NOW WE DO. STATE LOOP 368 IS ON THE FREIGHT NETWORK TODAY. SO ACCORDING TO THE SCHEMATIC, AND LIKE I SAID IT'S DONE IN CONJUNCTION WITH THE ENVIRONMENTAL STUDY, THE SCHEMATIC IS CALLING FOR 10-FOOT LANES. NOW, 10-FOOT LANES IS NOT SOMETHING THAT WE CAN HAVE WHEN YOU HAVE A ROADWAY THAT'S ON THE FREIGHT NETWORK, IT'S JUST NOT ADEQUATE FOR TRUCKS AND BUSSES. SO WE REQUIRE AN 11-FOOT MINIMUM. THE CITY HAS BEEN NOTIFIED ABOUT THAT LANE NOT BEING SUITABLE, THAT LANE WIDTH NOT BEING SUITABLE FOR WHAT IS ALSO BEING PROPOSED HAT THIS TIME. SO RIGHT NOW, AS WE MENTIONED, IN 2018, IT IS, SAN ANTONIO DID GO INTO NONATTAINMENT, SO AGAIN, AN ENVIRONMENTAL STUDY HAS TO BE DONE IN THIS AREA. GENERAL AREAS FOR ENVIRONMENTAL STUDY THAT HAVE TO BE STUDIED, AN LIESESSED, REVIEWED, I UNDERSTAND THAT THE CITY MAY BE REQUESTING OR PLANNING THOUGH DO A CATEGORICAL EXCLUSION. HOWEVER, YOU STILL HAVE TO ANALYZE EVERYTHING, YOU STILL HAVE TO TAKE A LOOK AT THIS FOR THE ENVIRONMENTAL STUDY, YOU STILL HAVE TO PRODUCE THE REPORTS, THE TECHNICAL MEMOS AND ANALYSIS OF FUNCTIONAL AREAS THAT ALL COME TOGETHER IN AN ENVIRONMENTAL STUDY. SO ALL OF THIS, IT COULD BE LIKE I MENTIONED, PUBLIC INVOLVEMENT, RIGHT OF ENTRY, ANY HAZARDOUS MATERIALS, ANY HISTORICAL AREAS. AIR QUALITY IS ONE OF THEM, AND AGAIN SINCE 2018 WENT INTO NONATTAINMENT. SO IF WE WERE TO LET'S SAY RECONSTRUCT BROADWAY AND LOOK AT AND IT KEEP THE SAME LANE CONFIGURATION IN EACH DIRECTION, WE WOULD TAKE A LOOK AT ALL OF THIS AND TAKE ALL OF THIS INTO CONSIDERATION, AND RUN THIS THROUGH TXDOT FOR FINAL APPROVAL AS WELL AS ENVIRONMENTAL DIVISION. SOMETHING THAT DID HAPPEN, I'M JUST GOING TO THROW THIS OUT HERE, SEVERAL YEARS AGO AS THE CITY MENTIONED, THIS PROJECT HAS BEEN IN THE WORKS FOR QUITE A FEW YEARS. HOWEVER, AND AT THAT TIME ENVIRONMENTAL COULD HAVE BEEN DONE AND COULD HAVE TAKEN PLACE AT THAT TIME, AND REALLY PUSHED THIS A LITTLE MORE FORWARD. SEVERAL YEARS AGO FHLA DID DELEGATE THE AUTHORITY THROUGH A MEMO OF UNDERSTANDING THAT PERMITS TXDOT FINAL AUTHORITY TO IMPROVE THESE ENVIRONMENTAL DOCUMENTS. BUT AGAIN WE STILL DON'T HAVE THAT. SO WE STILL HAVE THE ENVIRONMENTAL DOCUMENT TO DO, WHICH TIES IN WITH THE SCHEMATIC WHICH TIES IN WITH THE NUMBER OF LANES WE'RE LOOKING AT, CONDUCTING THE TRAFFIC STUDY. SO WE HAVE SOME WORK TO BE DONE ON THIS PROJECT, IT'S NOT SOMETHING THAT IS READY TO GO AS FAR AS TO BREAK GROUND, READY TO LET, BREAK GROUND TOMORROW, IT'S JUST NOT. BUT AGAIN AS FAR AS TXDOT AND THE SAN ANTONIO DISTRICT GOES, AS I MENTIONED BEFORE, WE ARE COMMITTED TO WORKING WITH OUR LOCAL GOVERNMENT TO SEE WHAT WE CAN TO ALONG BROADWAY. >> ONE LAST QUESTION. IN THE BOND ELECTION THAT THE CITY OF SAN ANTONIO HAD, I'M LOOKING AT THE PRESENTATION, AND WITH REGARD TO THE BROADWAY STREET CORRIDOR I DO NOT SEE THAT THERE WAS ANY LANE REDUCTIONS MENTIONED IN THE BOND PROPOSAL. MY QUESTION IS, THE BOND PROPOSITION THAT PASSED, DOES THAT REQUIRE OR REFERENCE ANY LANE REDUCTIONS AND THEREFORE REDUCTION IN CAPACITY FOR THE BROADWAY PROJECT? >> SO, THAT WAS THROUGH PROPOSITION 1 WHERE THE CITY OF SAN ANTONIO HAD 64 PROJECTS LISTED. AND LOOKING AT THE LANGUAGE THAT WAS STATED IN THE BOND, IT STATES TO RECONSTRUCT BROADWAY FROM EAST HOUSTON AROUND CURBS, SIDEWALKS DRIVEWAY APPROACHES, BICYCLE AMENITIES, LIGHTING DRAINAGE AND TRAFFIC IMPROVEMENTS AS APPROPRIATE AND WITHIN AVAILABLE FUNDS. CITY FUNDING WILL LEVERAGE STATE AND FEDERAL FUNDING. SO IN THAT LANGUAGE IT DOES NOT STATE ANY LANE REDUCTION THAT WOULD BE DONE, AND IT DOES NOT STATE THAT FOR PROPOSITION 1. THERE'S ALSO A MEMO FROM OUR DISTRICT ENGINEER THAT WHERE WE DISCUSS THESE PROJECTS WITH THE CITY OF SAN ANTONIO. AND THE CITY OF SAN ANTONIO DID SEND THAT LETTER TO US JUST THANKING US FOR THE SUPPORT BETWEEN US AND ABOUT THE 2017 BOND PROGRAM. AND AS WELL ON THAT LETTER IT JUST STATES THAT THE CITY WOULD PROVIDE BOND FUNDS IN THE AMOUNT OF UP TO 43 MILLION AND TXDOT WOULD PROVIDE $5 MILLION TOWARDS THE DEVELOPMENT AND IMPLEMENTATION OF A COMPLETE STREET ALONG BROADWAY CORRIDOR, TO INCLUDE ROADWAY CONSTRUCTION, CURBS, SIDEWALKS, DRIVEWAY APPROACHES, BICYCLE AMENITIES, LIGHTING, DRAINAGE AND TRAFFIC IMPROVEMENTS AS NEEDED SO THAT, NOR DOES THAT LETTER REFERENCE ANY SORT OF LANE REDUCTION, CHAIRMAN. >> OKAY. THANK YOU. SO AT THIS TIME I'D JUST LIKE TO MAKE A COUPLE OF COMMENTS BEFORE WE TURN TO ACTION. THIS WHOLE DISCUSSION ON THIS AGENDA REALLY REPRESENTS A VERY IMPORTANT POLICY ISSUE FOR THIS COMMISSION. AND IN VIEW OF THE CONGESTION RELIEF INITIATIVE THAT WE'VE BEEN PURSUING AND THINKING ABOUT, YOU KNOW, 93% OF TEXANS USE A CAR OR TRUCK AS THEIR TRANSPORTATION MEANS, WHAT WE'RE TRIERING TO DO IS STAY CONSISTENT WITH OUR CONGESTION RELIEF INITIATIVES AND NOT BUILD BACKWARDS BY REDUCING CAPACITY. JUST TO BE CLEAR, THIS ACTION THAT WE'RE CON AT THE PLATING HAS NOTHING TO DO AGAINST BIKE LANES OR WHATEVER. IT HAS EVERYTHING TO DO WITH MAINTAINING CAPACITY. IT'S ALL ABOUT MAINTAINING CAPACITY. AND THE OTHER THING I'D LIKE TO JUST TOUCH ON IS THAT, YOU KNOW, I LIVE IN SAN ANTONIO, SAN ANTONIO IS MY HOME. AND I WOULD LIKE TO JUST SAY THAT I WANT TO REACH OUT TO THE STAKE HOLDERS, JEFF COYLE, YOU MADE A COMMENT ABOUT WORKING TOGETHER. THAT'S WHAT I WOULD LIKE TO DO, IS WORK TOGETHER TO LISTEN TO EACH OTHER TO COMMUNICATE WITH EACH OTHER, AND THE ONLY THING IS WE CANNOT REDUCE OUR CAPACITY. THAT'S WHAT WE'VE TRIED TO MAKE CRYSTAL CLEAR, AND THAT'S WHY WE NEED TO TAKE THE ACTION THAT WE'RE CONTEMPLATING TAKING TODAY, TO SET THE RECORD STRAIGHT. AND THIS IS NOT ABOUT ANYTHING OTHER THAN MAINTAINING THE CAPACITY THAT CURRENTLY IS PROVIDED BY BROADWAY, BUT LET'S SIT DOWN AND LET'S WORK TOGETHER. SAN ANTONIO ALWAYS HAS WORKED TOGETHER, LET'S SIT DOWN AND FIGURE OUT THE PATH FORWARD, AND THAT'S WHAT I WOULD LIKE TO SUGGEST. NOW, IN A MOMENT I'M GOING TO ASK FOR, WE TURN BACK TO THE AGENDA, BUT ONE THING I'D LIKE TO READ INTO THE RECORD IS THAT GOVERNOR ABBOTT YESTERDAY ISSUED A STATEMENT THAT SAID GOVERNOR ABBOTT'S PRIORITY IS TO ALLEVIATE CONGESTION ON OUR STATE HIGHWAY SYSTEM, A RECENT LOCAL PROPOSAL TO REMOVE TRAVEL LANES ALONG STATE LOOP 368, WHICH HAS BEEN AND CONTINUES TO BE ON THE STATE HIGHWAY SYSTEM, WOULD RUN COUNTER TO THAT GOAL. THE GOVERNOR SUPPORTS TXDOT'S EFFORTS TO ENSURE MOBILITY AND MAINTAIN CAPACITY, ALONG THIS ROADWAY. WHILE DEVELOPING SOLUTIONS THAT MEET THE NEEDS OF THE LOCAL COMMUNITY. SO THERE'S NOTHING IN THIS PROPOSED ACTION THAT WOULD PREVENT US FROM WORKING WITH THE CITY OF SAN ANTONIO. TO THE CONTRARY, THAT'S WHAT I WOULD ENVISION WE DO, IS AGAIN GOING FORWARD WE SIT DOWN, WE LISTEN TO EACH OTHER. BUT THE ONLY STIPULATION IS WE CANNOT REDUCE CAPACITY. ON BROADWAY. BUT WE WILL SIT DOWN AND WORK THIS OUT AND SEE WHAT WE CAN DO FOR THE STAKE HOLDERS OF SAN ANTONIO WHO ARE VERY INTERESTED IN THIS PROJECT. SO, WITH THAT -- (INAUDIBLE). >> SEEMS TO ME THERE'S TWO ISSUES, WE'VE DISCUSSED PROJECT AND OWNERSHIP OF THE ROAD. AND YOU ASKED ABOUT THE NONATTAINMENT, BUT WHAT I DIDN'T HEAR AND IF GINA WOULDN'T MIND COMING BACK, AND I DON'T KNOW IF SHE KNOWS THIS, WAS IF THIS PROJECT WAS IN THE TIP, IT HAS BEEN APPROVED AND WITH THOSE WORDINGS, IF, WHAT DOES IT DO TO THE NONATTAINMENT PLAN IF THIS PROJECT WAS PART OF THAT, IF IT WEREN'T TO MOVE FORWARD? AND WHAT IMPACT WOULD THAT HAVE ON THE LOCAL REGION AND THE MPO. I KNOW WE'VE HAD SIMILAR SITUATIONS, AND YOU SAID IT WAS A MAJOR IMPACT AND THAT'S WHAT I'M TRYING TO UNDERSTAND. >> SO AS FAR AS BEING IN THE TIP, THIS PROJECT WAS ADDED TO THE UTP, THIS WAS IN 2016UTP THROUGH THE MAY 2016 UPDATE. IN NOVEMBER OF 2019 THAT'S WHEN THE PROJECT DESCRIPTION CHANGED. SO AT FIRST IT WAS SUPPOSED TO BE A COMPLETE PROJECT AND NO NOVEMBER 2019 IT DID CHANGE TO REDUCE FROM SIX TO FOUR TRAVEL LANES, ROADWAY REHABILITATION, BICYCLE AND PEDESTRIAN FACILITIES. SO THAT WAS DONE IN NOVEMBER OF 2019. I KNOW YOUR QUESTION IS WHAT DOES IT DO WITH THE NONATTAINMENT, HOWEVER. AND HONESTLY -- >> I GUESS I ASKED, AND I DON'T KNOW THE ANSWER TO THIS, BUT MY UNDERSTANDING IS IT SHOULD IMPACT, IN HOUSTON WE HAVE A SITUATION WHERE IT IMPACTED AND PUT THE REGION IN A SITUATION, THEY COULDN'T LET ADDITIONAL PROJECTS. WHAT I'M TRYING TO UNDERSTAND IS ARE WE IN THAT SITUATION OR NOT RIGHT NOW. I DON'T KNOW. SORRY, BRIAN. >> SHE JUST SAID THE SAME THING. BRIAN BARTH, EXECUTIVE, DEPUTY EXECUTIVE DIRECTOR FOR PROGRAM DELIVERY. SO IF A PROJECT IS IN THE CONFORMITY PLAN AND IT CHANGES CONFIGURATION, THAT CONFIGURATION WOULD HAVE TO BE UPDATED IN THAT AIR CONFORMITY PLAN, AND THE THING WOULD HAVE TO BE REMODELED. I DO NOT BELIEVE WE'RE IN A SITUATION WHERE THAT WOULD TIP THE SCALES TO THE MAGNITUDE THAT HAPPENED IN HOUSTON, SO IT WOULDN'T DELAY OTHER PROJECTS. >> OKAY, THANK YOU FOR THAT UPDATE. THE OTHER QUESTION I HAVE IS, I THINK THERE'S TWO ISSUES AT HAND, AND THE ACTION THAT'S BEING PROPOSED IS OVER OWNERSHIP, AND THEN I THINK THERE'S A COMPLETELY SEPARATE ISSUE THAT I THINK I'VE HEARD, CHAIRMAN, I'VE HEARD YOU SAID WE STILL HAVE A LOT OF WORK TO DO ON THE PROJECT. AND THE FACT THAT IT IS NOW ON A FREIGHT, IDENTIFIED AS A FREIGHT CORRIDOR OBVIOUSLY IS CONCERNING. AND PROBABLY CHANGES SCOPE OF THINGS. BUT THE ONE QUESTION I HAVE IS THAT I UNDERSTAND THE ENVIRONMENTAL IS NOT DONE, HAS IT'S BEEN STARTED? >> YEAH, I WOULD SAY THE TESTIMONY IS THAT IT HAS BEEN STARTED. GINA'S TESTIMONY WAS THAT IT HAS BEEN STARTED BUT THE DISTRICT HASN'T RECEIVED THE DOCUMENTATION YET. I WOULD SAY WE CHECKED ON, IT WAS NOT ON THE FREIGHT PLAN, ON THE FREIGHT NETWORK IN 2014, THE FIRST FREIGHT PLAN THAT WAS COMPLETED BY TXDOT, WHICH IS 2016 SO WE'RE SUPPOSING IT WAS PROBABLY ADDED IN THAT TIME. >> AT THAT TIME, OKAY. THE LAST QUESTION I HAVE IS SINCE THE ACTION BEING PROPOSED IS ON WHO OWNS, TO CLEARLY STATE THAT THE STATE OWNS THE PROJECT OR THE ROADWAY NOW, UNTIL THE PROJECT IS COMPLETED AND SIGNED OFF ON THE WAY THE CURRENT MINUTE ORDER STANDS. IF THE CITY, AND AGAIN I DON'T KNOW, BUT MAYBE SOMEBODY FROM THE CITY CAN CONFIRM, IS IT CLEAR THAT THE STATE OWNS IT AND THERE'S STILL A LOT OF WORK TO DO? AND THAT THE CITY WILL NOT OWN THIS ROADWAY UNTIL THE PROJECT IS COMPLETE, WHATEVER IT LOOKS LIKE. IF THAT'S THE QUESTION I HAVE, IS, CAN WE START TO WORK THINGS OUT OR HAVE THAT DISCUSSION IF IT'S AGREED THAT THE STATE OWNS THE PROJECT RIGHT NOW OR THE ROADWAY AND HAS A SIGNIFICANT INPUT IN THE PROJECT. YES, PLEASE. >> I THINK BECKY ASKED AND ANSWERED THAT QUESTION, BUT -- >> NO, I'M WONDERING IF THE CITY UNDERSTANDS THAT. >> OKAY. >> THAT'S MY QUESTION. I'M NOT CLEAR ON WHERE THE CITY IS ON THIS. >> WE APPRECIATE THE QUESTION, BECAUSE WE HAVE NOT STATED THAT WE OWN THIS AND WE HAVE THE FINAL SAY. WE UNDERSTAND THAT THE MINUTE ORDER HAS STIPULATIONS ABOUT A PROJECT ACCEPTANCE LETTER. MY UNDERSTANDING IS A PROJECT ACCEPTANCE LETTER COMES AT THE VERY END OF A PROJECT, SIMILAR TO A CERTIFICATE OF OCCUPANCY ON A VERTICAL PROJECT. WE HAVE RELIED ON THE ACTIONS AND DOCUMENTATION OF TXDOT ALL ALONG TO PARTAKE IN THE ACTIONS WE HAVE TO THIS POINT. SO MY MESSAGE HERE WOULD BE, YOU DON'T NEED TO RESCIND THE AGREEMENT TODAY FOR US TO WORK TOGETHER. IF THAT ULTIMATELY IS THE GOAL OF THE COMMISSION, WE'RE READY TO DO THAT. WE DO HAVE COMMITMENTS TO VOTERS THAT WE WANT TO UPHOLD. BUT WE ARE HERE EXPRESSING OUR INTEREST TO WORK TOGETHER WITH THE STATE AND COME UP WITH ANOTHER RESOLUTION THAT DOESN'T REQUIRE A RESCINDING OF THE ORDERS. >> THAT SAID, DO YOU UNDERSTAND THE CHALLENGES WITH THE PROJECT THAT HAVE BEEN BROUGHT UP BY THE COMMISSION? >> I DO, AND I ALSO BELIEVE THERE'S A LOT OF, WE'RE MISINTERPRETING INFORMATION PERHAPS ON BOTH SIDES, SO I THINK WE WOULD BE BETTER SERVED GETTING IN A ROOM TOGETHER WITH THE TXDOT STAFF AND REALLY WORKING THROUGH SOME OF THESE. WE DON AGREE WITH ALL THE INTERPRETATIONS ABOUT THE CONGESTION IMPACTS AND SO FORTH. AND I THINK THAT'S WHAT THE SMARTER MINDS THAN MINE NEED TO WORK ON TOGETHER. >> I THINK THE FREIGHT CORRIDOR BECOMES A LARGER CHALLENGE. SO I APPRECIATE THAT. >> IF MR. MADSEN COULD COME BACK UP, WOULD YOU MIND RESTATING ONE OF THE LAST PIECES THAT YOU MENTIONED ABOUT TXDOT'S WILLINGNESS AND EAGERNESS TO CIRCLE BACK WITH THE CITY OF SAN ANTONIO. ABOUT THIS PROJECT. >> SURE. THE DEPARTMENT AND THE DISTRICT ARE COMMITTED TO WORKING WITH THE CITY AND LOCAL STAKE HOLDERS TO ADDRESS OUR COMMUNITIES TO IMPROVE SAFETY AND MOBILITY FOR ALL USERS ALONG THE ROUTE. >> THANK YOU. AND DISTRICT ENGINEER GALLEGOS, WOULD YOU MIND REREADING, RESTATING YOUR SIMILAR COMMENTS AT THE END OF YOUR TALK, PLEASE. >> YES, COMMISSIONER. >> AS WE MOVE FORWARD, TXDOT AND THE SAN ANTONIO DISTRICT IS COMMITTED TO WORKING WITH THE CITY AND ALL STAKE HOLDERS TO IMPROVE SAFETY AND MOBILITY FOR ALL USERS OF THE CORRIDOR WITHOUT REDUCING CAPACITY. >> THANK YOU. SO I PLAN TO VOTE WITH THE UNDERSTANDING THAT TXDOT AND THE CITY OF SAN ANTONIO WILL CIRCLE UP AND CONTINUE TO COMMUNICATE AND WORK TOWARDS A BENEFICIAL SOLUTION THAT ACHIEVES THE GOALS AND OBJECTIVES FOR BOTH CONSTITUENCIES. THANK YOU. >> THANK YOU. SO, AGAIN, THIS BRINGS UP A KEY POLICY ISSUE, AND WITH THAT I WOULD LIKE TO ASK, MAY I HAVE A MOTION TO RESCIND AND REJECT MINUTE ORDER 114170 AND THE PORTIONS OF MINUTE ORDER 114219 IN ACCORDANCE WITH STAFF RECOMMENDATIONS? >> MR. CHAIRMAN, BASED ON THE FACT THAT WE WOULD CONTINUE TO WORK WITH THEM AND ALSO BASED ON THE FACT THAT WE SEEM TO BE OVERRUNNING OUR HEADLIGHTS WITH SOME OF THE PROCESSES ON THE STATE ROAD, I THINK IT'S VERY IMPORTANT FROM A POLICY PERSPECTIVE THAT WE REITERATE THROUGH THE RECISION OF THIS MINUTE ORDER THAT THAT IS A STATE ROAD AND THAT YOU DON'T BUILD ON IT, YOU DON'T DO THINGS BEFORE YOU'RE SUPPOSED TO. SO FROM THAT PERSPECTIVE I MAKE THE MOTION THAT WE MOVE FORWARD WITH THIS RECISION. >> THANK YOU FOR THE MOTION. MAY I HAVE A SECOND? OKAY. COMMISSIONER VAUGHN? ALL IN FAVOR, PLEASE SAY AYE. AYE. ANY OPPOSED? SO THE MOTION PASSES. THANK YOU. >> MR. CHAIRMAN, THAT BRINGS US TO ITEM 10, THE EL NENLT DOMAIN PROCEEDINGS, DIRECTOR MADSEN, PLEASE PROCEED. >> THIS ITEM AUTHORIZES THE FILING OF CONDEMNATION PROCEEDINGS TO ACQUIRE 248 PARCELS THROUGH EMINENT DO NAIN. TXDOT WILL CONTROL ACCESS TO 40 OF THE PARCELS AND WILL NOT CONTROL ACT TESS TO 208 OF THE PARCELS. I'D BE HAPPY TO ANSWER ANY QUESTIONS. >> ANY REMARKS OR QUESTIONS FOR DIRECTOR MADSEN? IF NOT COMMISSIONER VAUGHN, DO YOU HAVE A MOTION TO MAKE? >> YES, MR. CHAIRMAN. I MOVE THAT THE TEXAS TRANSPORTATION COMMISSION AUTHORIZE THE TEXAS DEPARTMENT OF TRANSPORTATION TO USE THE POWER OF EMINENT DOMAIN TO ACQUIRE THE PROPERTIES DESCRIBED IN THE MINUTE ORDER SET FORTH IN AGENERAL THAT FOR THE CURRENT MONTH FOR CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, WIDENING, STRIPING OR EXTENDING HIGHWAY FACILITIES LISTED IN THE MINUTE ORDER AS PART OF THE STATE HIGHWAY SYSTEM, AND THAT THE FIRST RECORD VOTE APPLIES TO ALL UNITS OF PROPERTY TO BE CONDEMNED. >> THANK YOU. COMMISSIONER VAUGHN HAS MOVED TO AUTHORIZE CONDEMNATION. MAY I HAVE A SECOND? >> SECOND. >> ALL IN FAVOR SAY AYE. >> AYE. >> MOTION PASSES UNANIMOUSLY. DIRECTOR WILLIAMS? >> MR. CHAIRMAN THAT BRINGS US TO ITEM 10, THE EL NENLT DO NAIN PROCEEDINGS, DIRECTOR MADSEN, PLEASE PROCEDURE. OH, I'M SORRY. IT'S BEEN A LONG MEETING. ITEM 11 IS THE CONSIDERATION OF THE -- MY APOLOGY. ITEM 11 IS THE CONSIDERATION OF THE ROUTINE MINUTE ORDERS INCLUDING DONATIONS TO THE DEPARTMENT, REAL ESTATE DISPOSITIONS REPORTS, LAND ACQUISITIONS, DESIGNATION OF ACCESS CONTROL, TRANSPORTATION PLANNING AND SPEED ZONES. STAFF RECOMMENDS APPROVAL OF THE MINUTE ORDERS THAT ARE INCLUDED IN THESE ROUTINE AGENDA ITEMS. ITEMS PERTAINING TO REPORTS TO THE COMMISSION ARE INCLUDED FOR INFORMATIONAL PURPOSES AND DO NOT VF OR REQUIRE ACTION BY THE COMMISSION. >> THANK YOU, DIRECTOR WILLIAMS. ANY QUESTIONS CONCERNING THE ROUTINE MINUTE ORDERS? IF NOT MAY I HAVE A MOTION TO APPROVE THE ROUTINE MINUTE ORDERS IN ACCORDANCE WITH DIRECTION FOR WILLIAMS' RECOMMENDATION. THANK YOU. MAY I HAVE A SECOND, THANK YOU. ALL IN FAVOR SAY AYE. ANY OPPOSED? MOTION PASSES UNANIMOUSLY. WE WILL NOT MEET IN EXECUTIVE SESSION TODAY. ALL OF THE ITEMS ON TODAY'S AGENDA ARE COMPLETED. WE DO HAVE SOME OPEN COMMENT CARDS, AND AT THIS TIME I WOULD LIKE TO INVITE MR. WAYNE TINKLE, COME FORWARD, STATE YOUR NAME FOR THE RECORD AND THE ORGANIZATION YOU REPRESENT, PLEASE. >> GOOD AFTERNOON, THANK YOU FOR ALLOWING ME TO TALK. I'M WAYNE TINKLER, I REPRESENT MYSELF. THE SCHOOL DISTRICT AND THE KIDS THAT TRAVEL DOWN 53, COMMISSIONER NEW'S COMMENT AS HE READ OUT OF THE BOOK, OUT OF THE MUD. GUYS, WE'RE FIXED TO GET BACK INTO THE MUD IF SOMETHING AIN'T DOWN THE FIX IN ROAD. THIS IS A PROBLEM THAT'S BEEN GOING ON, I UNDERSTAND THAT THERE'S NOT MANY VOTER CONSTITUENTS OUT THERE. IF THIS WAS IN HARRIS COUNTY, TRAVIS COUNTY OR SAN ANTONIO, THERE WOULD BE LOTS OF MONEY THROWN AT THIS PROJECT. BUT BECAUSE WE'RE OUT WHERE WE ARE, THERE'S REALLY NOT MUCH CONCERN ABOUT IT. YOU ARE THE TXDOT COMMISSIONERS, WHETHER YOU HELP FINANCIALLY OR YOU HELP BY PUSHING THE RAILROAD COMMISSION TO DO WHAT NEEDS TO BE DONE, ANY HELP WOULD BE GREATLY APPRECIATED. THIS HOLE IS GETTING WORSE. AS Y'ALL PROBABLY HAVE SEEN ON THE NEWS THERE WAS A BLOWOUT IN CRANE COUNTY, THAT IS PART OF THIS PROBLEM AS WELL. SIMPLY MOVING THE ROAD IS NOT GOING TO FIX THIS PROBLEM. YOU ALSO COMMENTED THAT WE NEED BETTER ROADS IN RURAL TEXAS, WELL, THIS IS PART OF IT, GUYS, THIS IS PART OF HAVING BETTER ROADS IN RURAL TEXAS. THERE'S A BUS THAT TRAVELS UP AND DOWN THIS ROAD EVERY DAY FULL OF SCHOOL CHILDREN. MY SON HAS BEEN GOING TO BUENA VISTA FOR OVER SIX YEAR NOW, THAT HOLE IS GETTING DEEPER AND DEEPER, ONE OF THESE DAYS THE BUS IS GOING TO DRIVE OFF THIS THAT HOLE AND AIN'T GOING TO COME BACK. WE JUST ASK THAT YOU HE IN ANY WAY POSSIBLE. I WILL CLOSE WITH THIS COMMENT, I'M SURE MOST OF YOU HAVE CHILDREN, WHEN THOSE CHILDREN MAKE A MESS YOU REQUIRE THEM TO CLEAN IT UP. YOU ALL NEED TO CLEAN UP THIS MESS. >> THANK YOU, MR. TINKLER. MR. WILLIAM BIRCH, PLEASE COME FORWARD, STATE YOUR NAME AND THE ORGANIZATION YOU REPRESENT. >> GOOD MORNING, COMMISSIONER, MY NAME IS WILLIAM BIRCH, I'M THE MANAGING DIRECTOR OF W.M. BIRCH AND COMPANY IN LIVINGSTON, TEXAS, I'LL A PROFESSIONAL WITH 21 YEARS OF -- WAS PART OF THE DEEP WATER RESPONSE TEAM. I WOULD LIKE TO STATE THIS THIS SUMMER FOR THE LAST SIX MONTHS I'VE BEEN WORKING IN CRANE COUNTY RECORDING THE CATTLE RANCH ISSUE WITH THE UNDERGROUND -- MY EXPOSURE OUT THERE HAS LED ME TO NOW TRAVEL AROUND THROUGH IMPERIAL AND FURTHER SOUTH ON 1053. TO WHICH TO MY SURPRISE THE EXTENT OF THIS SUBSIDEANCE IS TRUELY REMARKABLE. I KNOW YOU'VE BEEN ADDRESSEDDED WITH THIS ISSUE FOR SEVERAL YEARS, BUT TO SEE THE ROADWAY 90 FEET BELOW THE GROUND SURFACE IS REMARKABLE. TO PUT IT IN PERSPECTIVE IN, IT'S A NATURAL SYSTEM -- IN THAT AREA IN THE SEVEN AND A HALF SQUARE MADE RADIUS WHERE WE HAVE 50 INJECTING WELLS THAT ARE MANAGING ABOUT A MILLION BARRELS OF WATER A DAY. A MILLION BARS OF WATER A DAY IS WHAT THE CITY OF HOUSTON USES IN SEVEN DAYS. SO IN SEVEN DAYS TIME PERIOD, THE AMOUNT OF WATER BEING INJECTED IS E GIVE LEAPT TO THE CITY OF HOUSTON IN A YEAR. 400MILLION BARRELS OF WATER IS BEING HANGED IN THAT AREA AND IS NOT CONTAINED IN THE RESERVOIR. IT IS CROSS FLOWING AND CREATING CAVERNS. THE CAVERN EXTENT RIGHT NOW CURRENTLY BASED ON YOUR OBSERVE REPORT IN 2017-18 THE FINAL REPORT TO TXDOT IS THAT 35 STORY BUILDING HAS GREATER THAN FOUR CITY BLOCKS. THE IMMINENT COLLAPSE OF 1053 IS TRULY A REAL THING. YOU WILL NOT BE ABLE TO MAINTAIN THAT ROADWAY UNTIL 2025. THAT ROAD WILL HAVE GONE TO A FULL OPEN COLLAPSE BEFORE 2025. THE PROBLEM WITH THIS IS THAT UNFORTUNATELY AS A SURGE ON YOU CAN'T DO SURGERY UNTIL YOU STOP THE BLEEDING THE FACT THAT THE RAILROAD COMMISSION IS NOT MANAGING THE WATER IN THE STATE OF TEXAS AND THE WATER RESPONSE IS CURRENTLY HOW THEY MANAGE THEIR RESPONSE IS INSUFFICIENT, THIS PROBLEM IS GOING TO CONTINUE TO HAPPEN ON OTHER ROADS. MOVING 1053, UNFORTUNATELY, IS NOT GOING TO SOLVE THE PROBLEM IN THE BIGGER SCALE OF ISSUES. SO AS A RESULT OF THIS THE FIRST THING THAT WILL HAVE TO BE DONE IS TO HAVE A SERIOUS CONVERSATION OF HOW WATER IS MANAGED IN THE AREA AROUND IMPERIAL AND SOUTH, INCLUDING NOT ONLY PECOS COUNTY BUT ALSO KAREN AND CRANE COUNTY, BASED ON PROFESSIONAL GUIDANCE FROM GEOLOGISTS IN THE AREA IS OVER A THOUSAND SQUARE MILES. YOU WILL NOT BE ABLE TO AFORWARD A THOUSAND MILE RELOCATION. THE ONLY OPPOSITION -- A CANADIAN NATURAL RESOURCES LIMITED SETTLED OUT OF COURT A PRIVATE AND CONFIDENTIAL AGREEMENT WHERE THEY HAD TO DEAL WITH THE SAME CIRCUMSTANCE OF THE CRACKING -- THEY SPENT OVER A BILLION DOLLARS IN RECLAMATION THE STATE OF TEXAS IS SPENDING 35 MILLION TO REWILL INDICATE HIGHWAY 1053 TO HIGHWAY S1 IS NOT GOING TO SOLVE YOUR PROBLEM. THANK YOU VERY MUCH. >> THANK YOU, MR. BIRCH. AT THIS TIME I WOULD LIKE TO INVITE SARAH S. TO COME FORWARD, STATE YOUR NAME AND THE ORGANIZATION YOU REPRESENT. >> GOOD AFTERNOON, MY NAME IS SARAH STAGNER, I REPRESENT MYSELF. I'M HERE AS A WARD COUNTY RESIDENT ASKING FOR YOUR HELP IN ADDRESSING THE ONGOING SUB SURFACE CROSS FLOW IN THE BASIN THAT IS CAUSING SINKHOLES WHICH HAS LED TO TXDOT'S DECISION TO REWILL INDICATE 1053 TO 11. PLEASE DO NOT WASTE $35 MILLION RELOCATING THE HIGHWAY FROM ONE SINKING LOCATION TO ANOTHER. RIGHT NOW IT'S A GAME OF WHACK A MOLE, TRYING TO AVOID OLD OIL AND GAS WELL MR.OUTS AND SING HOLES, WE HAVE HUNDREDS OF THOUSANDS OF ACRES THAT ARE IMPACTED. IF WE DON'T START HAVING HONEST CONVERSATIONS ABOUT THESE ONGOING ISSUES, A LARGE PORTION OF THE BASIN WILL BE UNINHABITABLE IN 50 YEARS. BEAMER LAKE AND THE SINKHOLE WILL CONTINUE TO EXPAND. WE HAVE ANOTHER ONGOING MR. OUT A COUPLE HUNDRED YARDS SOUTH OF 329 IN CRANE. AND IT IS A GROUP OF LOCAL LAND OWNERS THAT FOUND THE DOCUMENTS THAT PINNED THAT ON CHEVRON. THE RAILROAD COMMISSION HAD BEEN SPENDING TAXPAYER DOLLARS TO HAVE HUD COME OUT AND TRY TO CONTROL THAT. THAT WELL HAS BEEN CAPPED BUT IT'S CONTINUING TO EAT OUT THE SALT FORMATION BELOW. I URGE YOU, YOU GUYS TALKED EARLIER ABOUT THE BILLIONS OF DOLLARS THAT YOU'RE GOING TO SPEND THAT'S ALLOCATED TOWARDS RURAL AREAS AND ENERGY INFRASTRUCTURE. WE NEED OIL AND GAS IN THE PERMEAN, BUT WE CANNOT CONTINUE TO RELOCATE ROADS FROM ONE SINKING LOW, LOCATION TO ANOTHER. I ASK THAT YOU ASK FOR A COMPREHENSIVE STUDY ON THE TECHNICAL, USING ENGINEERING AND GEOLOGISTS AND THAT WE ACTUALLY COME UP WITH A PLAN TO HELP FIX THIS AS OPPOSED TO SIMPLY MOVING IT FROM ONE PROBLEM LOCATION TO ANOTHER. THANK YOU. >> THANK YOU. AT THIS TIME I WOULD LIKE TO INVITE MR. SKYLAR WHITE, PLEES COME FORWARD, STATE YOUR NAME AND THE ORGANIZATION YOU REPRESENT. >> I'M SKYLAR WHITE, I'M NOT REPRESENTING ANYBODY BUT MYSELF. GOOD AFTERNOON. FIXING TO BE A GOOD EVENING. TXDOT WAS INVOLVED IN THIS FROM THE START. Y'ALL ARE TRYING TO RUN AWAY FROM THIS LIKE A SCALDED APE. BACK IN 2007 Y'ALL INSTIGATED THE FIX ON THIS WELL. YOU INSTIGATED THAT. IN JANUARY 16 OF 2009 YOU WROTE A ECONOMIC FOR $9,965 TO SCREW UP THE PLUGGING OF THIS WELL. ON APRIL 16 OF 2009 YOU WHERE A CHECK FOR $250,031.76 TO SCREW UP THE PLUGGING OF THIS WELL. YOU WROTE OTHER CHECKS, TOO, THAT'S JUST TWO OF THEM. IN YOUR OWN INTERNAL DOCUMENTS, I'LL READ THIS VERBATIM, EFFORTS BY THE MIDDLE PECOS GROUND WATER CONSERVATION DISTRICT AND TXDOT TO PLUG THIS LEAKING ARTESIAN WELL IN 2009 WERE UNSUCCESSFUL. THAT LANGUAGE IS REPEATED IN ANOTHER ONE OF YOUR INTERNAL DOCUMENTS, Y'ALL'S FINGERPRINTS ARE ALL OVER THIS MESS. IT'S AN ABSURD MESS THAT NEEDS TO BE FIXED. THERE'S NO -- THE MOST CHILDISH THING YOU CAN DO IS TO MAKE A MESS AND RUNAWAY AND LET SOMEBODY ELSE COME BACK AND CLEAN IT UP. THAT'S NOT THE RIGHT THING TO DO. THERE'S A MILLION THINGS THAT Y'ALL COULD DO TO HELP FIX THIS THING. YOU COULD HAVE A BAKE SALE, YOU COULD HAVE A SEVEN-LAYER UPSIDE DOWN CAKE AS THE GRAND PRIZE IN YOUR BAKE SALE TO RAISE MONEY TO FIX THIS. YOU COULD SET UP A GOFUNDME ACCOUNT. YOU COULD PICK UP THE PHONE AND CALL ABBOTT AND SAY HEY WE NEED SOME HELP OVER HERE WITH THIS. YOU COULD, HORROR UPON HORROR, YOU COULD PICK UP THE PHONE AND CALL THE RAILROAD COMMISSION AND SAY HEY WE GOT THIS WELL OVER HERE THAT WE SCREWED UP, WE NEED SOME HELP FIXING THIS. YOU COULD DO A LOT OF THINGS, BUT RUNNING FROM THIS PROBLEM IS NOT GOING TO FIX IT. YOU NEED TO ACT LIKE ADULTS, THE FOUR OF YOU NEED TO ACT LIKE ADULTS AND GET UP AND FIND YOUR BACK BONE AND PARTICIPATE IN FINDING A SOLUTION TO THIS PROBLEM. THANK YOU. >> THANK YOU, MR. WHITE. IS THERE ANY OTHER BUSINESS TO COME BEFORE THE COMMISSION? THERE BEING NONE, IS THERE A MOTION TO ADJOURN? >> SO MOVED. >> THANK YOU. SECOND? THANK YOU. ALL IN FAVOR, SAY AYE. ANY OPPOSED? THE MOTION CARRIES. WE STAND ADJOURNED. IT IS 12:59.