Board Meeting
Friday, May 2, 2003
4:30 P.M.
Strahan Coliseum
700 Aquarena Springs Drive
San Marcos, Texas 78666

DRAFT

I. Call to Order

Notice was duly posted and a meeting of the Austin-San Antonio Intermunicipal Commuter Rail District Board was held on May 2, 2003 in San Marcos, Texas. Chairman Wells called the meeting to order at approximately 4:29 p.m.

Participants:

• Tommy Adkisson
• Sid Covington
• Gerald Daugherty
• Fred Harless
• Dave Marsh
• Al Notzon
• Carroll Schubert
• Tullos Wells
• Jeff Wentworth
• Senator Barrientos

Other participants were Bill Bingham and Ross Milloy. Mariano Camarillo, Shelton Padgett, Senator Barrientos and Senator Wentworth were unable to attend. Additionally, Adam Smith attended in Gus Garcia’s absence.

II. Chairman And Member Comments:

Chairman Wells began the meeting with the following comments:

• A. Appreciation of efforts of Bill Bingham and his firm for their assistance and service provided;
• B. Appreciation of Corridor Council for conference, which was a first class program; and
• C. Last, for those who were not aware, last Thursday TXDOT approved the toll credit match for $5.7 million. Chairman Wells thanked the Members for making sure that success was obtained.

No further opening comments.

III. Approval of Minutes:

Chairman Wells asked the Members for thoughts/comments regarding meeting minutes for April 4, 2003.

Motion was made and seconded for approval of the minutes. The minutes were adopted as presented.

IV. Discussion of First Year Work Program

Chairman Wells turned the meeting over to Mr. Milloy so that he could discuss the First Year Work Program.

Mr. Milloy advised the group that this document was a quick overview of some of the things the Board may want to accomplish over the next year. Mr. Milloy stated that this was a working document and would welcome Members’ thoughts/comments/revisions/additions, etc.

Chairman Wells asked the Members for comments. Chairman Wells also confirmed with Mr. Bingham that the document did not require any action by the Board at this time, but did encourage Members to provide input to Mr. Milloy regarding same.

There were no comments from members.

V. Interim Staff Scope of Work & Budget (Member Assessment)

Mr. Milloy discussed the Corridor Council’s proposal to provide:

• Day-to-day and strategic administrative support;
• Project and consultant oversight;
• Legal, legislative, accounting and other professional services; and
• Interim financing of the District.

The proposal covers a two-year period beginning May 1, 2003.

Chairman Wells added that the idea was to figure out the most cost effective way to not re-create the wheel. Chairman Wells stated that he believed using an existing infrastructure so the Board would not have to build one underneath would better serve the project and Corridor Council was recommended to him Shelton Padgett.

Mr. Daugherty inquired as regards to year one for the legislative consultants. Discussion ensued. Mr. Milloy stressed the importance of being a priority.

Chairman Wells asked Mr. Bingham whether formal approval is necessary

Mr. Marsh made a motion for approval of the initial work plan and funding scenario. The motion was seconded and approved by the Members.

VI. Designation of a Fiscal Agent or Delegation of Authority to Chairman and Vice Chairman

Chairman Wells advised the Members that in an effort to make there is an infrastructure already in place, he has talked with Lyle Larson, Chair of the San Antonio MPO, regarding the possibility of the San Antonio MPO serving as the Board’s fiscal agent. Chairman Wells stated that the goal is to make sure the money is spent where it is supposed to be spent, and is accountable by someone who already has credibility with the government, as well as TXDOT.

Mr. Milloy added that if the San Antonio MPO serves as fiscal agent, it would save the Board time. Mr. Milloy stated that because the Corridor Council is staffing the project, it might be better to make the fiscal agent a third party. The MPO in San Antonio deals with financial matters daily and TXDOT agrees it is a good idea.

Mr. Bingham advised that there has been an initial agreement by San Antonio MPO to serve as fiscal agent. Chairman Wells asked the Members for a motion and a second regarding approving delegation he and Mr. Bingham negotiation a deal with the San Antonio Bexar County MPO to serve as the Board’s fiscal agent.

Mr. Daugherty moved, and Mr. Schubert seconded, that Chairman Wells and Mr. Bingham negotiate a deal with the San Antonio MPO. The motion passed.

VII. Report on Texas Transportation Commission Meeting of April 24, 2003

Chairman Wells asked the Members for comments regarding time spent before the Texas Transportation Commission on April 24, 2003.

Mr. Daugherty stated that the presentation went smoothly and he appreciated the attendance.

VIII. Review of Staff Discussions With TxDot’s Multimodal Division (ATFA)

Mario Medina, of TXDOT, presented “Local Transportation Project Advance Funding Agreement for High Priority.” Mr. Medina asked the members to review the document and finalize within the next month.

It was moved and seconded that the authority be provided to Mr. Bingham to negotiate the agreement with TXDOT, bringing the proposed final product back to the board for review. The Members passed the motion.

IX. Notice of Meeting With Regional Federal Transportation Agencies (May 6, 2003)

Regional Directories has scheduled an appointment with the Corridor Council for this Tuesday, May 6, 2003, regarding status of plans. Mr. Milloy advised that he wants to meet with them and walk them through where the Board wants to be/go.

Mr. Milloy stated that he wants to understand what their needs are going forward, too. As regards to the inquiry regarding who would be a part of this meeting, Mr. Milloy advised some of the people who worked on the feasibility study, as well as any Member that would like to attend.

There were no questions from the Members.

X. Legislative Update (EDA authority; Board Structure; Federal Issues)

Mr. Milloy advised that the EDA authority for the Commuter Rail District has passed out of the Senate and we are looking for a House sponsor at this time. Mr. Milloy stated that he would talk to Chairman Wells more about a sponsor at a later time.

Sid Covington discussed House Bill 3411, as presented by Mike Krusee. Mr. Covington stated that this bill would have made substantial changes to the Board. Essentially, the bill would have removed all elected officials from the Board. Mr. Covington stated that he spoke against the Chair’s bill at the Transportation Committee hearing. Representative Krusee said that his reasoning behind the bill was that he felt the Board was unstable board with short terms and would be difficult to sale bonds. Mr. Covington advised the group that Representative Kruse left the bill pending, but told a reporter that he would let the bill die.

Chairman Wells thanked Mr. Covington for his appearance and efforts before the Transportation Committee.

XI. Consideration and Adoption of Procurement Policies

Mr. Bingham advised the Members that he had taken a set of policies, principally from the San Antonio MPO, and made some changes to fit the Board better. Mr. Bingham told the Members that he welcomes any thoughts/comments/revisions/additions, etc. to the San Antonio rules. He then discussed some changes from San Antonio’s plan to the proposed draft:

• A. Page 4 – “Request for Proposal” v. “Request for Qualifications” wording – as terms of art for flexibility – discussed by the Members;
• B. Publication of a budget – under San Antonio, you have to attach a copy of the budget; in talking with TXDOT, there are reasons not to attach a budget; and
• C. MBE goals – Mr. Milloy stated that he hesitated to put a number, but for sake of efficiency, used San Antonio MPO numbers.

Mr. Notzon moved to adopt the procurement policies on an interim basis, with the understanding that the Rules & Procedures Committee review. The motion was seconded and the members approved the motion.

XII. Review and Approval of Request For Qualifications For Program Management Services

Mr. Milloy advised the Members that he worked on the RFQ/RFP with TXDOT. He also stated that the language contained in the RFQ/RFP for program management services is recommended for adoption and reworking. Mr. Milloys stated that he believes all of the elements contained in the proposed RFQ/RFP are necessary.

Chairman Wells asked Mr. Medina if he was comfortable with the RFQ/RFP. Mr. Medina stated that was comfortable with the product, but would recommend lessening page constraints (i.e., 40 to 20). Mr. Milloy agreed with Mr. Medina.

Mr. Daugherty inquired about possible changes and whether Mr. Milloy would report these changes to the Board. Mr. Milloy stated that if he discovered substantive changes, he would feel compelled to come back to the Board. Mr. Daugherty stated that he would feel more comfortable if he had one week to review the document.

Chairman Wells asked Mr. Daugherty to consider adopting the RFQ/RFP on an interim basis, with Mr. Daugherty to provide his thoughts/comments/concerns by next Friday, May 9, 2003.

A discussion ensued.

It was moved and seconded that the RFQ be adopted on an interim basis, with Mr. Daugherty to provide comments by Friday, May 9, 2003. The Members passed the motion.

XIII. Public Comments

Chairman Wells noted and thanked Pete Winstead for being present in the audience. Chairman Wells stated that the Board’s reason for being may not have been without Mr. Winstead’s effort during his tenure.

There were no comments from the public.

XIV. Adjourn

There being no further items of business brought before the Board, a motion to adjourn was made by Gerald Daugherty. Al Notzon seconded the motion. The motion was approved and Mr. Wells adjourned the meeting at approximately 5:23 p.m.