Board Meeting

Friday, December 3, 2004

10:00 a.m. - 11:30 a.m.

San Marcos Activity Center

501 E. Hopkins

San Marcos, Texas 78666

I. Chairman and Member Comments

Chairman Wells thanked the Board and the audience for attending the meeting;

Chairman Wells reminded the Board that a notice has gone out to all of the appointing entities to either (1) re-confirm or (2) re-suggest appointment or (3) make nominations with respect to the Board; and

Chairman Wells thanked Tim Tuggey for his participation and welcomed him to the Board. Mr. Tuggey acknowledged his excitement to be on the Board and a part of this project.

II. Call to Order

Notice was duly posted and a meeting of the Austin-San Antonio Intermunicipal Commuter Rail District Board was held on December 3, 2004. Chairman Wells called the meeting to order at approximately 10:10 a.m.

Participants:

• Tullos Wells (Chairman)
• Tommy Adkisson
• Gonzalo Barrientos
• Mariano Camarillo
• Sid Covington
• Gerald Daugherty
• Fred Harless
• Dave Marsh
• Al Notzon
• Carroll Schubert
• Daryl Slusher
• Tim Tuggey

Sam Barshop and Jeff Wentworth were unable to attend. Other participants included Ross Milloy and Bill Bingham. Joe Morris attended in Senator Wentworth’s absence.

III. Approval of Minutes of November 5th Meeting

Upon motion and second by Al Notzon and Gerald Daugherty, the Board unanimously approved the November 5, 2004 meeting minutes.

IV. Report on UP Relocation Task Force Meeting (November 30th)

Sid Covington reported to the Board that he attended the UP Relocation Task Force Meeting held on November 30, 2004 in Chairman Wells’ absence. Mr. Covington stated that attendees included: Commissioner Nichols, Chairman Krusee, Judge Wolff (Bexar County), Chris Hecklin (Governor’s Office), TxDOT representatives, Jack Erskine (representing Lee Walker). Judge Wolff discussed his visit with Jim Young of Union Pacific. Judge Wolff was - complimentary of Jim Young, who is very concerned with safety issues in San Antonio. Mr. Covington advised that a big part of the discussion came from Amado Saenz, who discussed the status of the Union Pacific Relocation Study. Saenz said they have determined the southern part of HWY 130, Sections 5 and 6, will accommodate rail. Accordingly, they will be issuing a notice to proceed with Sections 5 and 6 around the beginning of the year. They will begin to study a southern loop around the Bexar County/Wilson County and south side of San Antonio area, but Mr. Covington has no idea about timeframe of when this study will be complete.

V. Appointment of Executive Committee – Discussion and Action

Mr. Covington reported that the following members had volunteered to serve on the Executive Committee:

• Al Notzon and Councilman Carroll Schubert to represent the Southern portion; and
• Councilman Daryl Slusher and Mariano Camarillo to represent the Northern portion.

Upon motion by Mr. Covington and second by Dave Marsh, the Board unanimously approved the motion to elect Al Notzon, Councilman Schubert, Councilman Slusher and Mariano Camarillo to the Executive Committee to join Chairman Wells and Vice-Chair Covington.

VI. Legislative Update

Ross Milloy reported that recommendations have been provided to Senator Barrientos’ and Senator Wentworth’s offices concerning changing/staggering the terms of the Board. Milloy stated that Legislative Council is currently reviewing those recommendations.

VII. Feasibility Study Update

Steve Lowry discussed the feasibility study update. Lowry reported that feasibility study is coming to its conclusion. The critical path effort was the development of the ridership model. In this case, the two MPOs were brought together, along with TxDOT, to develop a model for the entire inner-city corridor. This methodology was vetted back to TxDOT and the MPO and there was a closure meeting on the 10th of November, 2004. Sensitivity tests are now being run to (1) minimize capital costs for additional sites for the “meets and greets” and (2) maximize ridership by looking more carefully at the location of the transit stations. This process should be completed within the next 30 days and will be presented to the Board during the January, 2005 meeting.

A brief discussion ensued.

VIII. Approval of revisions to Carter-Burgess Planning and Preliminary Engineering Contract

Bill Bingham discussed the revisions to the Carter-Burgess Planning and Preliminary Engineering Contract. Bingham reported that the Board approved this contract at the previous meeting, subject to the approval by TxDOT. Bingham stated that the contract was submitted to TxDOT and after a few revisions were made, TxDOT approved the contract.

Mr. Covington moved, and Senator Barrientos seconded, approval of the revised Carter-Burgess and Preliminary Contract as approved by TxDOT and presented by Bill Bingham.

After a brief discussion ensued, the Board passed the motion to approve the Carter-Burgess Planning and Preliminary Contract, with Commissioner Daugherty voting no.

IX. Document Control Plan – Draft submittal for Board review and comment

Lowry reported on the draft of the Document Control Plan. There are two components to the plan: (1) Document Control Plan itself; and (2) Appendix (User Guide to the web-based document control access archive system. This assignment was given to Program Management Team under Work Authorization #8 for document control. A HUB qualified firm, ATSER, is driving this effort.

Lowry requested that the Board and staff access and review the website in order to provide comments to Lowry and/or ATSER over the next thirty (30) days.

X. PMT Contract Cost Cap – Discussion with Possible Action

A. Public Involvement Work Authorization (WA#9)

Mr. Covington discussed Work Authorization #9, concerning two caps on the amounts that can be paid to the Program Management Team under that contract. The caps were in the contract to limit the amount of work that the Program Management Team could do, versus what would go to other sub-contractors. The caps also limited the amount of management overhead. Mr. Covington discussed the need to modify the caps.

A brief discussion ensued. Mr. Covington reported that Work Authorization #9 has been passed, but cannot be funded at this time until the caps are amended.

B. Freight Rail Relations – Work Authorization Supplement (WA#3)

Mr. Covington also discussed that, as part of the Freight Rail Relations process that were put under Work Authorization #3, recommendations to add time for Bill Bingham and John Langmore to monitor and provide assistance to the working task forces.

Mr. Covington reported that Work Authorization Supplement #3 has been passed, but also cannot be funded at this time until the caps are amended.

C. Ridership Modeling – Phase II required for New Starts Application

Mr. Covington stated that the third element that has changed since the original Scope of Work for the Program Management Team includes a need for a more extensive ridership and financial modeling for the new starts application than what was previously done, which was a short-term update for the feasibility study. There will be recommendations for additional Work Authorizations in this area.

D. Financial Modeling – Phase II – Scope will be determined when initial phase is complete

Mr. Covington reported that Board has developed an estimate of the Program Management Cost for the PMPE Contract. Mr. Covington stated that he understands the Board’s intention to be that when the Board hires the District Project Administrator, that person will be responsible for providing oversight for that contract. Since this position has not been filled, Mr. Covington advised that the Program Management Team has been asked to perform this task until this is employee is hired.

Mr. Covington advised that in order to perform any of these activities, the cap must be increased. Mr. Covington reported that extensive discussions have been on-going during this process. Mr. Covington discussed “Third Draft - Supplement #3 to the ASAICRD-1 Contract,” which increases the caps or maximum aggregate amount payable total by $745,000.00 to $2,045,000.00 with Program Management limited to $1,609,928.00.

Mr. Covington moved, and Councilman Slusher seconded, approval of Work Authorization Supplement #3. After a brief discussion, the Board unanimously passed the motion.

XI. Other Business

Commissioner Daugherty suggested that Chairman Wells extend a personal invitation to Union Pacific to attend all future Board meetings.

Mr. Covington discussed the status of a search for a Project Administrator. Mr. Covington reported that position was posted and applications were due November 15, 2004. Mr. Covington also reported that numerous applications were submitted. Mr. Covington volunteered to be on the committee to review the resumes/applications and meet with applicants and stated that he would welcome any help. Mr. Camarillo and Mr. Notzon agreed to help Mr. Covington in this regard. Chairman Wells appointed these three members to the committee.

Milloy discussed the final item in the Board materials — Texas Transportation Commission transcript in which TxDOT lays out their legislative agenda. One of TxDOT’s legislative items is trying to establish a $200 million a year fund to be used to fund a bond program of $2 billion for rail relocations across the state. Milloy stated that this could impact the Board’s efforts and wanted the Board to be aware of it.

XII. Financial Report

Ross Milloy provided the Board with the following financial documents:

• “Reconciliation Detail: Checking Account, Period Ending 11/30/04”; and
• Austin-San Antonio Intermunicipal Commuter Rail District: Program Management Consultant Team Work Authorization Financial Summary.

XIII. Public Comment

Greg Kiloh, staff, City of Austin Transit Oriented Development Coordinator Spoke to the Board. Kiloh stated that he and Austan Librach, who was unable to attend the meeting, are now located in the Economic Growth and Redevelopment Services offices for the express purpose of working on transit projects. Kiloh stated that he wanted to introduce himself and hopefully coordinate with the Board’s studies going forward.

XIV. Adjourn

There being no further items of business brought before the Board, Chairman Wells adjourned the meeting at 11:18 a.m.