Board Meeting
August 6, 2004
1:00 a.m.
AACOG Conference Room
8700 Tesoro
San Antonio, Texas 78217

I. Call to Order:

Notice was duly posted and a meeting of the Austin-San Antonio Intermunicipal Commuter Rail District Board was held on August 6, 2004. Chairman Wells called the meeting to order at approximately 11:17 a.m.

Participants:

• Tommy Adkisson
• Gonzalo Barrientos
• Mariano Camarillo
• Sid Covington
• Gerald Daugherty
• Fred Harless
• Dave Marsh
• Al Notzon
• Carroll Schubert
• Daryl Slusher
• Jeff Wentworth
• Tullos Wells

Other participants included Ross Milloy and Bill Bingham.

II. Chairman and Member Comments

Chairman Wells thanked the members and the audience for attending.

Chairman Wells acknowledged and thanked Bexar County Judge Nelson Wolff’s efforts regarding discussions with Union Pacific about a possible relocation of their through freight.

Chairman Wells took a moment to discuss board member Shelton Padgett’s death earlier in the month and recognized his service to the Rail District and the community.

III. Approval of Minutes of June 4th Meeting

The Members, upon a by Al Notzon motion and second by Sid Covington, unanimously approved the June 4th, 2004 meeting minutes.

IV. Committee Reports

A. Freight Rail Relations Committee (FRRC):

Sid Covington advised that the FRRC had not met since the last meeting, but much activity has been taking place regarding building a relationship with Union Pacific officials, including a luncheon meeting with UP officials and the mayor of Austin.

B. Program Management Oversight Committee (PMOC):

Mariano Camarillo advised that the PMOC met immediately prior to the board meeting. Mr. Camarillo stated that negotiations with CarterBurgess were on-going, as the proposed fee schedule is still in process and being analyzed.

C. Public Information Committee (PIC):

Dave Marsh advised the Board that the PIC met on July 9, 2004 to discuss pending projects. Since a quorum was not present, the meeting was “informal.” Mr. Marsh also informed the Board that the website was posted during the last week of July – ASA Rail

V. Notice of Upcoming Federal Transit Administration officials visit on August 19th

Ross Milloy discussed his communications with the Federal Transit Administration (FTA). The FTA would like to bring a representative from Washington to visit about the project.

Steve Lowry discussed two meetings with the rail district and FTA: (i) meeting regarding 1999 Study and (ii) meeting in Fort Worth regarding the possibility of FTA becoming our federal sponsor. FTA indicated it would be interested in becoming our federal sponsor. Our next step is to begin a formal partnership with FTA through Region 6.

VI.Report on visit by Union Pacific officials to Austin and San Antonio

Sid Covington reported on the July 15th and 16th meetings with Union Pacific. Mr. Covington advised that the meetings were a good start and that Union Pacific is taking the discussions very seriously.

Chairman Wells reported on the July 16th meeting County Judge Nelson Wolff scheduled with Union Pacific officials. Chairman Wells described the meeting as a frank exchange of views with Union Pacific, particularly on the issue of making sure Union Pacific understands the importance of its move not just pertaining to Travis County, Hays County, and Comal County, but also south.

Mr. Daugherty also reported on his discussions with Union Pacific. Mr. Daugherty advised that the clear issue with Union Pacific is money. A lengthy discussion ensued.

VII. Discuss Hiring of Senior Planner/Administrator

Mr. Milloy discussed the need to develop a professional staff. Mr. Milloy stated that the Board was about to enter into a contract with a particular contractor regarding alternative analysis, which will require oversight. Mr. Milloy stated that there were two options to accomplish this: (i) pay the Project Management team to provide oversight or (ii) bring someone else in to provide oversight and look at the long-term interests of the District, as well as build a professional staff. Mr. Milloy provided Job Specification for a Project Administrator to each of the Members for their review and input. TXDOT has indicated that this would be an allowable Federal expense and they believe this is a good idea.

Bill Bingham offered two approaches (i) hire an employee of the District; however, in order to do this, the Board must adopt personnel plans and create the withholding accounts or (ii) amend the present contract with Corridor Council and have that person become an employee of the Corridor Council; the ASAICRD Board would still pick the person and have direct control.

Chairman Wells stated that his personal preference was that the person be included under the Corridor Council contract. Chairman Wells asked the Members to look at the job specification provided by Mr. Milloy and think about which route is best option. A brief discussion ensued.

VIII. Report on CAMPO Toll Road Amendments

Mr. Milloy provided each of the members with a copy of Senator Barrientos’ July 22, 2004 correspondence to Bob Tesch, Chairman of Central Texas Regional Mobility Authority regarding toll road amendments to CAMPO’s 2025 Transportation Plan and the FY 2004-FY 2008 Transportation Improvement Program.

Senator Barrientos elaborated on Austin’s traffic problems and his correspondence to Mr. Tesch. A lengthy discussion ensued.

IX. Discuss Possible By-Laws Changes on Committee Quorums

Mr. Bingham discussed several instances wherein the committees could not conduct business because of the inability to reach a quorum in the committee meetings. Accordingly, Mr. Bingham discussed alternatives to avoid this in the future:

• Legally reduce the quorum number to one; however, probably defeats the purpose of the committee;
• Increase the number of committee members; however, this may be self-defeating because this makes it more difficult to reach a quorum;
• Telephone participation; Mr. Bingham discussed the question of telephonic participation. The Open Meetings Act is very limited where telephone or video conference participation is permitted and it is almost impossible to meet the guidelines; and/or
• Amend the bylaws to enable the designation of several alternative committee members for the sole purpose of attending the meeting in the absence of another committee member.

A brief discussion ensued. Mr. Bingham advised that the current bylaws stipulate that the Chairman appoint members; thus, Mr. Bingham suggests the same goes for alternate committee members. Chairman Wells suggested that Mr. Bingham prepare an amendment for the bylaws for the Board to review.

X. Discussion of Feasibility Update Assumptions

Mr. Lowry discussed the informal presentation of Work Authorization #5: Feasibility Study (WA#5) held on July 19. Mr. Lowry advised that WA#5 is a critical-path item because it is the intent of the study to make assumptions consistent with the direction of the Board.

Mr. Lowry introduced Frank Martin, Colleague at PBS&J. Additionally, Pete Hackley presented “Board of Directors Meeting: August 8, 2004 – Project Assumptions & Design Criteria:”

• Background
• Discussion in 2 categories:
  General
  Current Issues
• Project Benefits
• Measure of Success
• Who Will Be Served?
• UPRR Expectations
• Local Transit Connection
• Public Safety
• Criteria Discussion
• Five Subjects:
  Legal
  Travel Speeds
  Services Levels
  Freight Service
  Passenger Stations
• Additional Features
• Ridership Analysis
• Discussion

A lengthy discussion ensued.

Chairman Wells requested that Mr. Lowry and Mr. Hackley be prepared to continue their presentation at the next meeting so that the Board could give adequate consideration to all materials presented.

XI. Other Business

There was no other business to discuss.

XII. Financial Report

Ross Milloy provided the Members with (i) Quarter Statement of Income and Billable Expense, and (ii) Reconciliation Detail – Checking Account, Period Ending 07/30/04 for their review and reference.

XIII. Public Comment

Jan A E Six, a resident of Austin, Texas, inquired about (i) speed issues and (ii) assumed service levels (i.e., peak time – a train in every direction every 30 minutes).

XIV. Adjourn

Chairman Wells thanked the Members and the audience for their attendance and participation.

There being no further items of business brought before the Board, Chairman Wells adjourned the meeting at 1:20 p.m.