Board Meeting
Friday, February 7, 2003
11:00 am – 1:00 pm
San Marcos Activity Center, San Marcos

Board Attendees:

• The Honorable Tommy Adkisson
  Bexar County
• The Honorable Gonzalo Barrientos
  Texas State Senate
• Mr. Mariano Camarillo
  Allied Consultants
• Mr. Sid Covington
  Covington Exploration
• The Honorable Gerald Daugherty
  Travis County
• The Honorable Gus Garcia
  City of Austin
• The Honorable Fred Harless
  Capital Metro
• Mr. Dave Marsh
  Capital Area Rural Transportation Systems
• Mr. John Milam
  VIA Metropolitan Transit
• Mr. Al Notzon
  Alamo Area Council of Governments
• The Honorable Carroll Schubert
  City of San Antonio
• Mr. J. Tullos Wells
  Bracewell & Patterson
• The Honorable Jeff Wentworth
  Texas State Senate

Meeting Officiators:

• Mr. Ross Milloy
  Austin - San Antonio Corridor Council
• Mr. Bill Bingham
  McGinnis Lochridge & Kilgore, LLP

Regrets:

• Mr. Sam Barshop
  Barshop & Oles

1. Introduction of Board Members

Mr. Ross Milloy began the meeting at approximately 11:05 a.m. by making introductions of the board members present. A moment of silence was observed in honor of the passing of Mr. Charles Shannon of VIA Metropolitan Transit Authority earlier in the week.

2. Brief Outline of Legal Issues Regarding the District and Board

Mr. Bill Bingham introduced himself to the Board. He explained the law governing the board according to Art. 6560C-1 in the 75th Legislative Session under SB 657. He explained the requirements of the swearing-in ceremony along with compliance requirements met by this meeting under the Open Records and Open Meetings Acts. Notice of the meeting and the agenda were duly posted with the Secretary of State and Williamson, Hays, Travis, Comal, and Bexar Counties.

3. Administering Oath of Office to Board Members

Mr. Bingham then administered the Oath of Office to all Board members. Following the swearing in, Mr. Bingham then asked for nominations for the position of Chairman of the Board of Directors of the Austin – San Antonio Intermunicipal Commuter Rail District.

4. Election of a Chairman

Senator Jeff Wentworth nominated Mr. J. Tullos Wells for the position of Chairman. Senator Gonzalo Barrientos seconded that nomination. No other nominations or comments were made. Mr. Tullos Wells was elected Chairman unanimously.

5. Call to Order

Mr. Wells called the meeting to order. He thanked the board for the nomination and his election as chairman.

6. Discussion of Remaining Board Vacancy by Board Members

Mr. Wells then discussed the remaining board vacancy and the board’s obligation to appoint someone to this position. Mr. Bingham explained the requirements for this position including a requirement under SB 657 that the representative be an elected official of a municipality in either Travis or Bexar County, excluding the metropolitan cities of Austin or San Antonio.

Mr. Wells recommended that the board give thought to this appointment and share those recommendations at the next meeting.

7. Opening General Remarks by Board Members

Senator Barrientos urged the consideration to select someone to represent either women and/or African Americans due to the lack of their presence to the existing board. Mayor Gus Garcia agreed with Senator Barrientos on this recommendation. Mr. Wells asked that corrective recommendations to be made at the next meeting.

8. Adoption of Temporary Bylaws

Mr. Wells then reviewed the Bylaws for the board. Discussions and comments were made concerning the temporary bylaws. Mr. Sid Covington recommended corrections on the definition of political subdivision and the deletion of the final paragraph (39). Discussions occurred concerning Chap. 39’s deletion. A recommendation to adopt the bylaws was made by Mr. Wells. Motion was made and seconded (voices on tape were unrecognizable). The board adopted the temporary bylaws with the understanding that future amendments may be made by the board at future meetings.

Commissioner Daugherty requested the panel table arrangement changed in order for the board members to be able to see each other better and get better acquainted. Rearrangement of seating followed and the meeting continued with Mr. Wells introducing both Senators Barrientos and Wentworth allowing for comments.

9. Comments by Wentworth, Barrientos on Purpose of CRD Legislation

Senator Gonzalo Barrientos first recognized Mr. Ross Milloy for his many years of dedicated service to bring this board together. He then continued his discussion of the passing of SB 657 in 1997 and the promise of positive change to this region through both commuter rail transportation and freight rail transportation concluding with “All aboard.”

Mr. Wells thanked Senator Barrientos for his dedication to the formation of the Rail District. He then introduced Senator Jeff Wentworth.

Senator Wentworth expressed his disappointment that it took 6 years for the District to be created and mentioned the video provided to the Board that shows the proponents for this district included several former mayors, former county judges, former council members and others in this video. He noted that the only survivors were himself and Senator Barrientos. Senator Wentworth discussed the impact of SH 130 and the need for completion funding for that project.

Mr. Wells thanked Senator Wentworth for his comments. Mr. Wells also echoed Senator Barrientos comments on the appreciation of the work of Mr. Milloy and the Austin - San Antonio Corridor Council’s dedication to this project. Mr. Milloy recommended allowing remarks by the board on commenting on the newly formed district.

Commissioner Tommy Adkisson commented on an article he recently published about the movement of the people in this region. He commented on his own personal experiences with the congestion in the corridor due to the increase of traffic.

10. Passenger and Freight Congestion in the Corridor (Staff)

1998 ‘Commuter Rail Feasibility Study’ (Staff)

Mr. Wells recognized Mr. Milloy who then discussed the 1998 Commuter Rail Feasibility Study and summarized the traffic and congestion of the corridor. Through overhead projection screens, Mr. Milloy showed demographics for the region based on population, growth, projected growth, historical values of trade growth through the corridor, environmental impact, mobility, among many other issues.

Commissioner Adkisson requested and Mr. Milloy agreed to provide the overhead screen copies to the board members.

Mayor Gus Garcia suggested that the board study what other countries are doing, such as China, South Korea, Japan, and Spain, pertaining to commuter rail.

Commissioner Gerald Daugherty requested information regarding a budget for the district. Mr. Milloy explained that the board is responsible for funding itself. He stated that present expenses are being carried by the Corridor Council but expects that those expenses be reimbursed upon funding of the district. Mr. Daugherty requested any available financial information be provided to the board. Mr. Milloy committed to providing that information and pointed out that the Board would appoint a Finance Committee shortly.

11. Committee Appointments by the Chairman

Mr. Wells discussed the need to establish two committees, a Rules and Procedures Committee, and a Finance Committee. Mr. Wells recommended the following board members to serve on those committees: Rules and Procedures: Al Notzon – chair, Sam Barshop, Sid Covington, Gerald Daugherty, Dave Marsh, Gonzalo Barrientos and Tullos Wells. Finance Committee: Mariano Camarillo – chair, Fred Harless, Gus Garcia, Carroll Shubert, Tommy Adkisson, Jeff Wentworth and the open slot waiting for appointment. Mr. Wells asked for discussion of these committees then asked for concurrence by members of the board.

Mr. Carroll Schubert asked if there was a VIA representative on the board. Mr. Wells acknowledged that with the recent and sudden death of Charles Shannon, his replacement had not yet been named.

Mr. Wells announced that the next meeting would be held on Friday, March 7, 2003. Mr. Milloy suggested the meetings could be held anywhere in the region if other board members wish to host the meetings in their area occasionally with the majority of the meetings to be held in a central location such as San Marcos. Discussion was had regarding having the next meeting at the VIA offices in San Marcos. Mr. Al Notzon offered the offices of AACOG for next month’s meeting also. Mr. Wells asked for motion to be made to hold the next meeting in San Antonio. Motion was made by Commissioner Tommy Adkisson and was seconded by Mayor Gus Garcia.

Mr. Camarillo stated he will not be available to meet on that date. Because the rest of the board was available, the meeting was set for Friday, March 7, 2003 with committee meetings to possibly be held before or follow the main board meeting.

Mr. Wells opened for any discussion or comments. Mr. Dave Marsh requested review of Item 7 and asked about deferring a decision on the empty Board Appointment until a much later date. Mr. Milloy suggested that beyond the organization of the board, the cities and counties should be asked what their intentions are, but suggested a complete board in order to do this. Mr. Wells commented that it is important to meet our statutory obligations to have the board completed by making the appointment possibly at the next meeting and passed unanimously.

12. Comments of the Public

Mr. Wells then opened the meeting to public comment. The first speaker was Mr. Michael Aulick, Executive Director of the Capital Area Metropolitan Planning Organization. Mr. Aulick expressed his belief that the success of this rail district could depend upon learning from other regions with existing commuter rail systems in place. He discussed the rapid growth of the twin city areas of Austin and San Antonio. The next speaker was Ms. Dana McAuliffe, a private citizen from San Marcos. She expressed concerns that this board was moving forward with commuter rail despite the year 2000 public election in which voters voted down commuter rail. She expressed concern over the tax impact on citizens and the opposition to rail by the citizens of the area. She had handout information to provide to the board, which was turned over to Mr. Milloy for later distribution. The third speaker was Laraine Lasdon, Lasdon & Associates, Austin. Ms. Lasdon stressed her many years of support for commuter rail in this region. She urged the board to think about the vital importance of communication to the general public. She used the former speaker as an example of the confusion the general public has had about the different forms of rail, commuter, light, el, freight, etc. She also expressed her appreciation for the acknowledgement of the lack of women or minorities on this board.

Senator Jeff Wentworth commented ” …it is important everyone leave with the understanding that there has been no election in San Antonio, Austin or anywhere else involving commuter rail. There have been elections involving light rail in those two cities which is a wholly different animal and I appreciate the misunderstanding that exists, but it is important that we understand we are not here trying to do something opposite of the express will of the voters in some past elections.”

13. Adjourn

Mr. Wells asked for a motion to adjourn. Motion was made and approved. Meeting was adjourned at approximately 12:50 p.m.