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Travis County Commssioners Court
October 8, 2002

The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.

Agenda Item 6

View captioned video.

6. A. Consider a resolution supporting the creation of an intermunicipal commuter rail district under art. 6550c-1, v.t.c.s., And take -- vernon's Texas civil statutes, and take appropriate action. B. Consider appointment of member(s) to the intermunicipal rail district board, and take appropriate action.
>> commissioners, I -- I believe that you have in your packets a substantial amount of information about this matter. You all know that you appointed me to serve as your representative on the Austin-san antonio corridor council upon my taking this office. The first meeting I attended, this issue was raised, then council voted at that time to make it a number 1 priority for the council to proceed forward with the commuter rail district now that the 130 project is underway. I believe that you have had distributed to you and -- a number of resolutions and letters that -- that supported the passage of this legislation. From cities and counties that would be affected by it. That includes Williamson, hays, comal, and bexar counties. Yesterday at the state capitol there was a press conference that was -- I guess that you could say the emcee was senator barrientos who sponsored the legislation, along with senator wentworth who could not attend yesterday, but was vitally interested in this legislation being ism menltsed by our region. It is -- implemented by our region. It has been some years sce the legislation was passed, so the question is necessarily raised why haven't we done this before, why now? I think there are a number of factors that are -- that make it important to proceed at this time. First of all we have -- submitted for you to consider the population as well as the volumes of traffic that our highways are experiencing, particularly i-35. I don't guess any one of us needs to see the figure to know the congestion is perhaps the -- clearly the number one issue with voters these days. It's a -- has a substantial impact not only on the quealtd of our life as we spend much more time in traffic, but on the quality of our air. Commissioner Gomez mentioned a little while ago. It seems to me now that we have acted to form a regional mobility authority, we have acted to a significant level in proceeding forward with 130, this is the next tool that we need to put in our kit to address these issues. So I put forward today a resolution that would indicate Travis County's willingness to participate in the formation of the commuter rail district. We know that -- that not only do we have the interests of our -- of our commuting public to consider, but there are a couple of other things going on. It is quite clear that freight rail is going to be a very important addition to our region and the governor's trans Texas corridor plan talks about it, it's -- we have experienced a huge increase in nafta traffic, trucks on our highways, so I believe we have identified a -- a consensus in this region about how to proceed forward with commuter rail that would first focus on moving freight, through freight traffic off of the u.p. Line and into a new rail corridor. Tsd important that we form an entity -- it is important that we form an entity that would proceed with the studies that we require, to advocate a course of action, not only with our state legislature but in congress. We don't have another entity to do that, but we do have this ability to form a district to address rail issues. Finally, there's some money available that hasn't been available before. Congressman lamar smith earmarked $5.6 million that texdot is holding and texdot has indicated to us in this area that they have got that money, but that until this district is formed, they don't consider this issue to have local support. So there's money there for us to use for these studies, there are studies that need to be done that address an issue that everyone agrees needs to be addressed, there is now on consensus of opinion along this corridor that the formation of this district is an important initiative to take at this time. So therefore I do move approval of this resolution.
>> I would lining to -- you have got a motion.
>> second.
>> all right.
>> I think to -- I would like to ask a few questions. Because I had some questions last time that the issue came before us, I think maybe this time there's a little bit more information that makes it a little easier to consider the rail district from my point of view. And I think that I read with enter the newspaper story in Sunday's paper which addressed the need to get the -- the semi's off of i-35, I couldn't agree with you more. I think from the local standpoint capital metro has also wanted to address those freight trucks. We are very proud that our contract that we have with -- with a provider enables us to remove some of those semi's off the roads. So it would be good to have another partner addressing those freight trucks on a regional basis whereas we can do it on a local basis. I think we want to be able to do that. That's the importance of capital metro being in existence. The other thing was -- of course the money wasn't there before. I don't want to pass over any opportunity to draw down federal dollars to this community for this purpose or for any other purpose. I want to do that. I guess my only question is the -- the 5.625 would address the studies -- or complete the studies that are being conducted or have been started?
>> yes.
>> okay. And then there's going to be -- I'm sure, staff is going to be needed. Will they address the staff?
>> the carter [inaudible] council has agreed to staff this at the beginning until we reach a point where we think that won't anymore.
>> overhead, I guess offices and that kind of a thing.
>> yes.
>> okay, for the duration of the studies then?
>> right.
>> until they complete all of that. I guess the only other deal is what about negotiations with u.p.? Do we think those are going to -- are going to be successful? I mean, how long are those going to take, for a couple of years or -- I guess we don't know, but --
>> we don't know how long --
>> how long that will take?
>> here's what we know.
>> okay.
>> we know that u.p. Is really not going to take these negotiations seriously until there's an entity that is empowered to conduct the negotiations and to enter into -- on the state and federal level to proceed forward with them. Sort of at the point where there's been some discussions, as I understand it, between them from different segments of the community, but no one has ever officially approached them with a way to get this done.
>> okay.
>> commissioner Gomez, I don't think it can take a couple of years to have negotiations with the u.p. Line. There is a sense of urgency because quite frankly they are in the final engineering and design of what the sh 130 corridor is going to look like. And there is a reservation of land for rail, but the question is not -- has not really been addressed of whether it ought to be in the middle, no one thinks it ought to be, like on mopac, that's not the best place to put it. Or if it truly ought to look like what the governor has said in the specific rail corridor, a specific corridor for the highway, potentially on either side, related to trails and pedestrian kinds of questions. Those discussions near to occur now. They are going to be locking down that design within the next six months. If we want to have that planning occur concurrently with the roadway it needs to occur now. Otherwise rail will be an after thought and there are some definite design issues that the railroads would have related to curves, related to grades, and potentially if this could occur at the same time the roadway is going on, you could have some terrific economies of scale while they are going in there and doing the bulldozing and grading that's necessary to put in a highway and all of the engineering studies there, you could be having the same kind of activity going on right next door related to the rail. So the time really he is now to have those -- really is now to have those good discussions. As commissioner Moore said u.p. Is -- I hate to say it -- taking us seriously because we didn't have anybody to speak on behalf of the whole region and there was no place to put them and there was no place to put them where the public was going to own the right-of-way and it was going to be all new expense, all new rail, all new land. Now all of these things are folding in at the same time. It's that sing is in -- it's that sync thing. The time is now, or else it will be a window of opportunities that will be lost.
>> we are saying maybe six months max to try to get these negotiations going?
>> going.
>> then we will know if they will be successful or not.
>> yes.
>> and clearly, yes, exactly. What we don't have is the -- we have question that's we don't have the answers to or an ability to negotiate over, but we know we need the feasibility studies about the moving freight and we know we need to have the discussion with u.p. This entity will allow us to get those answers.
>> okay. At some point let's say negotiations break down, what happens then?
>> well, that's what the board of the commuter rail district will have to decide. But -- we will talk about who is going to be on that board in a few minutes. But -- but I -- it's like anything else, it's a long-range thing. We are talking about, you know, something comparable to the 2025 plan at campo. You have to think long-range here. First steps first. We finally identified what those first steps should be and how we are going to pay for them.
>> okay. I guess I'm trying to still envision this. There's a rail district that will be created regionally that will include Travis County and the cities in it. And bexar county on the other end with the cities in it and then I guess all of the communities in between.
>> add just sent counties, right. The road that capital metro plays in Travis County will remain intact.
>> yes.
>> the role.
>> and capital metro would have a seat on the board.
>> right. But I guess -- how much money will capital metro need to -- to contribute to the operations of the computer -- commuter district.
>> it's going to be up to capital metro after the commuter rail district gets to a point where it identifies what it's going to need and going to do. There's no commitment inherent in this formation of this district.
>> okay. But will -- the commuter rail district have money of its own with which to operate and continue to draw down or will we depend on Travis County and capital metro, bexar county and capital metro and any other counties to provide the funding for the rail district?
>> the commuter rail district board will have to decide after it's used the federal money that we have identified, and reached a place where we have the studies where -- so that the commuter rail district board can decide what is a prudent course of action, if they need additional funding, that board is going to have to go to whatever participants in this rail district are there and ask them for resources, and identify federal and state resources that -- that could be obtained. So -- so the answers to those questions can't be obtained until we form the district. Proceed with these studies. [one moment please for change in captioners]
>> and so I want to make sure that you all know up front that that's what I'm going to be concerned about. I'm elected from this county, and I want to be responsible to people in this county. I also want to be concerned about the region and my state and I guess my country and my world. But i've got to focus at some point on one thing, and that is the closest thing that I'm closest to, and, you know, I mean, that's why county government is where the rubber meets the road. So I don't want to be distracted from that. I want to contribute to the region, but I also want to be real up front about where my allegiance lies and this has to be on the home front.
>> which is entirely appropriate, and let me just stress that we've got a transportation plan that is locally approved that includes the components of rail and roads, both local rail and regional rail, to address local congestion problems. The participation that I see that cap metro would make in this one piece of the solution would be entirely consistent with what cap metro would see as its mission and its duty. And so, in fact, we have had lengthy discussions that it is quite likely -- I can't speak for the future board that's going to be making decisions, but it would seem likely that the saving of the pieces of commuter rail, once we've addressed the freight issue and once we've frownt a track of -- found a track of [inaudible], you would face it in a way that would address the most pressing problems for that, and for us that commuter rail issue would address problems most likely between Williamson and travis, travis and hays first, which is entirely consistent with what you are saying.
>> okay. Let me just check -- go ahead, commissioner. I can come back.
>> I guess let me say that I applaud commissioner Moore for bringing this issue before us today. And I really appreciate that. I really have reservations about some things, and number one, I notice there are several resolutions that were past by other entities and, however, it did mention in the resolution itself that the city council approved it in 1998. However, that was under a different council. The membership of that council now is not the same. Of course, while we're looking at commuter rail, I think, commissioner Moore, I think you explained that very well. Traffic congestion is a serious problem here in Travis County. It really is. And we need to do something about it. There's no doubt in my mind that we need to do something about it. However, what we do about it, how do we educate the public on it as far as looking at a district, districts, to me, have the authority and the ability probably to level taxes.
>> no. It is not a taxing district.
>> all right. And how -- so the question would be what would that be as far as the impact if there are shortfalls and things like that, what would be the implication as far as the taxpayers are concerned. Also, I really feel very strongly about -- when commuter rail was brought to my attention some time ago, it was only talking about passenger. I remember when I served on council the issue came up as far as commuter rail, and, of course, we've talked about great, we've brought up about freight and passenger, and of course there was some dispute on where freight would be located. Now, I of course at that time opposed any freight being located east of ih-35 based especially within the corridor of s.h. 130. And the reason was my constituents because we had to fight a truck battle which at that time t.t.a. Because of the s.h. Alignment, s.h. 130 alignment being on the western side of decker lake which would have wiped out many communities. So we had public hearings in that community, I attended them, and we had overwhelming support that we, the community over there in precinct 1 said, listen, we do not want to have s.h. 130 west of decker lake because it would destroy many neighborhoods in that area if it was to have been posed on that particular --
>> and you were successful in that.
>> right. Very successful. But in itself, [inaudible] because I wasn't going to support any funding as far as going to the voters to support approval of the bond initiative for the acquisition of right-of-way if it would have went any other way. I think maybe that was clear. And of course now we're talking about something that's already going to be an impact on the community as far as freight is concerned. On a community, I think, that is overwhelmed with a lot of hardships. Hardships meaning again we still have to deal with the s.h. 130 scenario even on the eastern alignment. Now, to give you a breakdown of what I'm really trying to say here and what I'm getting to, an example, s.h. 130, the route of it as far as the mileage is concerned, we're talking about a little more than three or four miles of alignment within Travis County itself. And the bulk of that is in precinct 1. A little more than 14 some odd miles in precinct 1, six point something miles in precinct 2 and a little more than 13 miles over in precinct 4. Now, we're talking about commuter rail, we're talking about transporting what? What's going to be transported? As far as what I can see is some of the stuff that looked at being transported, we're talking about a variety of gases. We're talking about liquids and other things. Which are hazardous materials, in my mind, and of course we have been fighting environmental [inaudible] in that community, the tank farm is a good example of trying to get those tank farms shut down. And as I continue to fight across this community for environmental justice. And I think it's very important. I think what we need to do, and I have, you know, a lot of concerns here whether the city of Austin's position on this right now?
>> they are [inaudible]
>> I don't know. I haven't seen a resolution. From this city council. From the current city council that exists now. There was a different city council then. So that's something I think we need to see. And I remember and I can very distinctly remember when I served on the campo board, phyllis, speaking with her, and we talked about the traffic situation on mopac and how we were going to divert traffic. And I'm saying this to say because what they did bring up was noise abatement-type stuff. How could we abate noise and a whole lot of other stuff. None of these things are in hand right now. Staff, t.n.r. Staff, we don't have a staff here, I don't know if they've had a chance to review all of the information that's in the backup suggesting desired studies and a whole lot of other studies to review that, and they are the experts, in my opinion, on things that I think we ought to look at and flesh through this thing. I really don't feel comfortable at this point with so many unknowns out there to look at a resolution at this time and support it without -- an empty resolution, that's what I like to say it is because I think there are a lot of factors that still need to be plugged in here. Making sure that the constituents in precinct 1 and the other precincts too, 2 and 4, have an opportunity to participate probably in a public hearing, I don't know, but I do think that there is not enough stuff on the table here for me to go forward. Now, of course, everybody votes their own mind and that's your prerogative, but the [inaudible] of what we're talking about is the [inaudible] in precinct 1. That's the alignment. That's what they are talking about. Union pacific, that's what they are talking about, southern pacific. You are looking at a passenger situation on the west side, and then on the east side you are talking about dump ago bunch of freight and stuff. So it seems to be a variance here that I can't seem to understand until I get some information, per se, before we move forward. I can support a commuter rail and the passenger end of it, but as far as freight is concerned, that's a different story, especially if it's going to go right up and down and possibly displace persons and residents as s.h. 130 was going to do before this [inaudible] was reached and agreed upon. There is still a lot of unknowns and I think we still need to allow the questions that need to be asked from our t.n.r. Staff to look at the situation, look at the impacts, look at what's going to cause hardship and come back with something that is inknock you lus to the point it won't impact anybody in Travis County, per se, as far as the [inaudible] are concerned. There are a lot of things, again, that I would like to look at before we go forward on this particular issue. And public health and public safety is a big deal over there because of the encroachment and the intrusion of unwelcome environmental hazards that affect this community today as I sit on this dais. Now, we all talk about environment this, environment, but as far as I'm concerned there's a lot of rhetoric that goes on in this community when we talk about environment. Especially when we talk about -- it comes down to environments of the communities over there. It's double talk. So I'm concerned about that and I think we need to put out the table and let's look at this for what it is, let's go through, let's have some public hearings. I want to hear what folks have to say about this as they talk about s.h. 130. In my mind, it's not enough due diligence at this point for me to feel comfortable to support any resolution or anything else until we have this information available. And again, I would like to refer this back to the city council to see what they think of it today as they did in 1998, difference in the council. We're talking about difference in the council now. Those are just some of the comments, and I have many more, but those are just some of the basic concerns that we have. And the trucking industry, well, I haven't heard anything -- is it cheaper to haul freight by rail versus freight? The s.h. 130 is supposed to divert traffic away from the ih-35 corridor, that's why s.h. 130 is intended to be there. But this commuter rail is something new as far as I'm concerned because, again, when I serve odd campo, that issue was brought up and I posed it then as far as commuter rail, freight rail being located over there next to that s.h. 130 corridor. So my position has not changed, and I think we need to do our due diligence on this, so that's where I'm at on this.
>> if I can try and answer some of those concerns. Commissioner, you raised some very good questions --
>> i'll let staff answer my concerns. You can try, but I want staff, turn to do this.
>> why thank you. It is the same right-of-way. We're not talking about additional right-of-way being needed in the s.h. 130 corridor in order to accommodate rail. It is the same right-of-way and there is already an alotment in the s.h. 130 corridor. So we can be very glad that the good cause that we fought and we won related to getting the s.h. 130 alignment moved out of western neighborhoods in that route, it has been success sus fully moved east, and it is not going to be impacting the neighborhoods.
>> well, I disagree with you on that?
>> may I finish, please?
>> you sure may, but I differ with you and i'll tell you why after you finish.
>> are you finished?
>> i'll tell you why. Go ahead, commissioner.
>> it's the same right-of-way that is going to be used for the s.h. 130. No additional right-of-way will be necessary. If you want to talk about a safety issue, right now that [inaudible] coming right down the heart of Austin coming through south Austin, crossing the river and coming up through the heart of central city Austin, and there is no greater safety issue and one that has been dealt with successfully by this commissioners court of responding to the central Austin neighborhoods saying the freight ought not be there. It is less of an issue that the freight is coming through as it is that right now we have idling trains that sit there sometimes for days at a time rumbling right next door to central Austin neighborhoods waiting to go north or south. There's only one track there for a good portion of this distance. S.h. 130 has the ability we can either double track, we might have space to even triple track or even four tracks in that area. Safety issues related to freight. Let me tell you about hays county. Hays county has something like 40 grade crossings that right now literally shut that town down. To get the u.p. Freight moved, their hospital is on one side of the tracks and everyone else lives and works on the other side of the tracks. Can you imagine being in an ambulance on your way to the way to the u.p. Freight moved, their hospital is on one side of the tracks and everyone else lives and works on the other side of the tra everyone else lives and works on the other side and if you are not having a heart attack you would if you see this train there and you cannot get across and get over to emergency help. It is a huge safety issue. We can have very good discussions about d to let me tell you about hays county. Hays county has something like 40 grade crossings that right now literally shut that town down. To get the u.p. Freight moved, their hospital is on one side of the tracks and lse lives and works on the other side of the tracks. Can you imagine being in an ambulance on your way to the hospital, and if you are not having a heart attack you would if you see this train there and you cannot get across and get over to emergency help. It is a huge safety issue. We can have very good discussions about what that right-of-way will be used and for commissioner Gomez in terms of what can this do for capital metro to compliment this mission. Right now the only way we can talk about h.o.v. Lanes, express bus lanes, the only way that we can talk about it before was this horrible plan txdot had come up with saying let's wipe out $600 million worth of neighborhoods on either side to give us an extra lane. If we can control the u.p. Right-of-way, you would have the ability to not only have double tracks in the middle, but you could carve out two h.o.v. Lanes on either side, and that could accommodate capital metro's mission related to having an advantage in mopac that right now they do not enjoy. They are in the same lanes as everyone else and they get stuck in the same traffic as everyone else w. The ability to have h.o.v. Lanes in the middle in the u.p. Right-of-way, you not only respect the neighborhoods because you don't sacrifice them and make it an unbelievable expense to try to do h.o.v. Lanes, but you then figure out a way to give capital metro an advantage on mopac to be able to get a lot more folks than just ha the rail might being able to serve. In terms of trying to pull down other moneys, i've been to d.c. Three different times on transportation lobbying trips, and each time we've had conversations with senator kay bailey hutchison, who is a huge advocate for rail and has always mention to do us what is happening on rail, what's going on with the commuter rail district. She is very interested in trying to help us ear mark funds as congressman smith has also done. In our conversations with judge nelson wolfe, the new county judge in bexar county and commissioner atkinson, they are interested in trying to get things moving between bexar and comal counties. There are statistically, I think these are the numbers, 30,000 cars coming down 1283 who choose to come down mopac to get into central city to work. There are another 30,000 cars coming from the georgetown and Round Rock area that choose not to get on 35. They too come down mopac. This could do more to try and relieve the pressure on mopac than anything that we think of related to h.o.v. Lanes if we can successfully get those folks into another mode of transportation and it compliments of what capital metro would do in erms terms of getting people moved around and throwing in express buses. The final thing I would like to say is I know everybody wants to go 13 steps ahead and start talking about, well, when are the trains going to start running. It really is one of first things first. And the first thing is can we all unite as a district and say that the u.p. Freight traffic appropriately needs to be in another corridor and that the safety issues related to where those trains are now, the idling trains, the shutting down of san marcos, every single hour, because of the freight traffic running through. All of those safety issues are things the region can say that's a good thing. And to design into the 130 corridor which is already being bought and paid for by the people of this region, and to accommodate it in a way that includes all of those safety issues, that it's not an afterthought, that you make the grades and the turns appropriate so it will be a safe passage through that area. So I think the time is now, and I would also want to just mention that senator barrientos and senator wentworth, also mike krusee have been trying to have good, substantive talks with u.p. And I think it's the appropriate place to put them in the eastern most alignment, the one that is away from the neighborhoods, and it is one that can safely move trains through this region. And again, those are -- if you have trains -- right now it's month nop pli. A lot of people are having to put their trucks on interstate 35. With the ability to have more lines. There is also a homeland security defense angle to this in terms of the extension of s.h. 130 all the way to fort hood and killeen. There is a national security interest in terms of being able to move -- have rail traffic move between that facility and our Texas ports, which right now are not open to them. So I think the time is now, and I think this is something that is looking ahead to the future and a lot of the very appropriate questions that you are asking, commissioner, about what dozens this mean, what are the implications, is this going to compliment cap metro, I think we will answer all of those things, but it starts with the first step and it is one of the safety issues related to the freight rail that right now is rumbling through the heart of major cities in central Texas, and more appropriately, can go on a different corridor and open up the possibilities for excellent discussions about either commuter rail, h.o.v. Lanes, whatever happening in the mopac corridor.
>> the question that you posed to me earlier and I told you why I differed and you were talking about right-of-way and stuff like that, not on s.h. 130, with the existing right-of-way, let me say this. Colony park, chimney hills, harris branch, cavalier park, new additions that have been constructed, new additions that's on line to be constructed out there as far as subdivisions are concerned, and we're talking about something that -- and when I brought up hazardous materials, environmental hazards, that's a real -- that poses a real threat to that community with this particular commuter freight rail in a part of s.h. 130 and for the proximity. Now we're talking about environmental hazards. Gases, a variety of gases. I don't even know what they are. We are talking about liquids and other other kind of things that could pose a serious problem to the residents in that area. That, in my mind, is a threat. I think we can go forward with this, but I think we need to do our due diligence before we make the first step. I think the first step should be a firm, positive first step whereby Travis County has done the necessary due diligence. And the questions that are being posed here, the discussions we're having here today before we go forward. It's not that none of us are in opposition of reducing traffic congestion, and as far as the taxes are concerned, no tax increase, however, there is. There's a sales tax that supports this, user fees and stuff like that.
>> no, there is not.
>> well, according to legal, it is. Now, I'm looking to legal, the county attorney. And if that's the case, then that means if there is a sales tax, that means another entity that looks at sales tax. And as far as sales tax is concerned, we saw a clear example of how elusive sales tax are with the past city council budgets. They were depending on sales tax revenue and it didn't come so they had to make some drastic cuts in their budget because there was not enough sales tax. Again I have a lot of reservations. I think we need to be [inaudible] in a sense whereby we can take the taxpayers, look, this is what it is, this is what it's going to look like, and this is the direction we need to go. Based on information that we get over a period of time to make intelligent, I think, decisions, to me. Now, of course, I would like to ask t.n.r. Staff just one question, and that is for such alignment of right-of-way and stuff because this didn't come before the voters, this did not come before the voters. When you talk about acquisition of right-of-way for s.h. 130, there was nothing mentioned about commuter rail freight and right-of-way. So the voters had no idea what we're doing here. They didn't vote for that. What they did vote for was s.h. 130. That's what the voters voted on. November of 2001. So, again, what we're telling the voters, what are we doing here. I think we need to stop, halt, look at this, ask these housekeeping questions that need to be answered and t.n.r., Talking about rail back and forth and a whole bunch of stuff. Right now barbara jordan school, a whole bunch of schools over there, I mentioned a lot of stuff that will be impacted.
>> mr. Geiselman?
>> and we have michael.
>> mike, do you have information to share with us? Please come forward after joe. Now, it's going to be the county judge's turn sooner or later, but is there anybody else who has come down on this item who would like to give complents? If so, -- comments? If so, please come forward now.
>> to answer your question, I don't know whether or not the rail freight operations was analyzed as part of the draft environmental impact statement of highway 130.
>> he can't speak any louder.
>> I understand. Just got to hear what he's saying.
>> I don't know whether spoke is the only alignment that might be looked at for the relocation of rail. My sense is that engineering design on 130 has progressed to the point that if rail has not been integrated into those design plans at this point, it might be difficult to make most of that alignment available for rail relocation. Because rail has very restrictive criteria when it comes to grade. It's much more rigid than automobile. And so unless the alignment was looked at almost from the outset for rail relocation, I think it may be difficult at this point for t.t.a. And the engineers of that project to go back and now make that alignment feasible for rail. Just keep that in mind. We may talk about something different at 130 when it comes time to relocate rail. Loop 1 corridor to [inaudible] corridor.
>> okay. Mike.
>> I'm the executive director of campo and I'm pleased to sit next to joe who was my predecessor at that job. It's my understanding -- one of the first studies is to look at possible rail alignments, and that is part of the 5.6 million that Margaret Moore addressed. It's my understanding some of the rail could be on s.h. 130 and there may be cases where the rail may have to be in other places. That is the purpose of the study is to see what are the possible and best rail corridors in that vicinity. That's my understanding.
>> so is this commuter rail in the metropolitan plan?
>> yes, sir, it's in the plan that was adopted in 2000. It was also in the plan adopted in 19 #- 4. It's a -- 1994. It's a very important part of the plan in terms of north-south travel. There's five projects. 130, i-35, h.o.v. Commuter rail, light rail and h.o.v. On loop 1. And we need all five of those because of the population growth and the heavy congestion in that north-south corridor.
>> okay. But -- my turn.
>> sorry, judge. Go ahead.
>> it's in the plan now, but is it in with a certain alignment or is it in basically for the alignment to be studied, and does s.h. 130 seem to be an appropriate beginning pointed for stud sni.
>> that's correct. It's just a general location. We don't do alignments. Alignments are done either by txdot or the commuter rail district. But it's in there as a general location.
>> okay. My questions are a little more specific than some. Tom, jump in if you need to. So this issue has not been taken up by capital metro yet, but it will be presented to capital metro at some point we think?
>> well, I imagine so.
>> they have an appointment to this board.
>> if the district is triggered, they would have a --
>> right. We haven't discussed the issue per se, the adoption of it.
>> do we know at this point what is expected of capital metro?
>> no, not really.
>> if the answer is no, that's fine.
>> you mean as far as a financial commitment?
>> right.
>> no, that has not been identified for any of the entities involved.
>> the resolution is generally worded and it basically indicates our support for the creation of a intermodal.
>> it's intermunicipal is the word.
>> okay. So basically it's to indicate our support for the creation of a rail district. And I guess we changed our resolution to say intermunicipal.
>> yeah, I tracked the one that the city of Austin passed.
>> no problem. We can easily get that done. So what financial commitment, though, would Travis County be making by approving the resolution?
>> none.
>> and there's agreement for that. However, at some point, assuming a feasibility study is positive, the partners will be given presentations, recommendations, et cetera, and if a commitment other than supporting the resolution is required, the [inaudible] at that time will be able to say yay or nay?
>> yes.
>> let's get you on record, tom. Yes?
>> what was the question, judge?
>> what I was trying to sfeab earlier is the resolution is generally worded and basically is intended to evidence our support of creation of the rail district. And what I was trying to say is the next pointed after you get all the partners signed on is to do the feasibility study. That would be financial feasibility, alignment feasibility. We think that -- and we now say u.p., I just soon -- union pacific, right?
>> yes.
>> we think that they have rail that is available for lease or sale or purchase, right?
>> not yet. They have the rail. They have the rail in the alignment that we think is desirable for commuter rail. However, they have not indicated any willingness to share that right-of-way, lease that right-of-way.
>> we plan to negotiate that.
>> yes, sir, if I may, I think that's the whole purpose of the district is to have an entity to negotiate with them. I know capital metro has had discussions with union pacific as well. I might also point out in terms of operations, senator wentworth, senator barrientos and representative crewsy have committed to finding $500,000 for seed money. Some of that could come from campo, some of our [inaudible] funds for the initial operation of the staff. So they are committed to find those funds. Spell.
>> if u.p.s rail falls through, other options would be pursued.
>> they are the only rail line in the vicinity so, I think they are the prime candidate, prime alignment.
>> but if you can't acquire existing rail, have you to build your own.
>> right. One other thing that is looked at --
>> hold on. But we don't know at this point where this will lead. It just seems logical to try to get with union pacific and either share their rail or acquire it. If that falls through, though, then we're left with trying to locate rail elsewhere.
>> right.
>> but at some point we will know that because those who will be out there doing the work, assuming the money is available, will be working on exactly that issue and others.
>> that's correct. That's what the 5.6 million is for is to look at alternatives and to recommend one. And in the feasibility study of 1999, they looked at two options. One was co-locating commuter rail in the u.p. With freight rail, building another track, and the other was relocating u.p. And using that alignment.
>> if the 5.6 is in fact at some point unavailable and the partners have to be asked to contribute financially, at that time we have a right to say yay or nay.
>> yes, sir.
>> there's nothing in the creation of the district that requires us to ante up money that we are not committing at the time, right?
>> that is true.
>> judge, can I ask that question a different way to tom. Would this commuter rail district have the ability on its own to pass resolutions or whatever to force the financial commitment of a Travis County or capital metro or city of san antonio, that that board forces the participation of another entity?
>> no, they don't have the legal force -- to force another entity to fund it. It will sort of -- it will have to rely on the kindness of strangers is one way to put it. They can't force to you pay to support it.
>> exactly. So we couldn't have, i'll call it a run-away board, of somebody making decisions this entity may or may not agree with related to the commitment of its resources. Those decisions would always come back to this board, this commissioners court to make decisions related to the commitment of any dollars by this government or any other government.
>> to what extent do we plan to involve the transportation department at Travis County? In the future.
>> my thought on that was that they would certainly be kept informed and be participants as staff, but I did not intend for it to add to their workload, and that's the commitment of the [inaudible] to do the staffing.
>> -- of the corridor council to do the staffing.
>> they are available to me and that's what they are here for, as far as I'm concerned.
>> I would think on these technical issues, if there is a feasibility study done, I would think that would be run by t.n.r. We would expect them to give us their take on it in addition to reading the court and --
>> certainly, but it's not going to have to be their program to have to manage.
>> because the rail district would have staff doing that.
>> right.
>> but staff will really work for the districts, and at some point when Travis County commissioners court, especially if we are expected to make additional commitments, we would turn to our staff and say does this make sense, questions like that.
>> where we are with campo, they don't staff campo, but they are our technical assistance folks that as we participate in campo and have a seat at the table there, we can turn to them and get staff analysis, technical assistance, the briefings, the same thing for commissioner Gomez, she certainly has the ability to ask t.n.r. Technical questions related to her participation being on capital metro. I would see this as being no different. That Travis County would have a seat at the table on this rail district like we do at campo, and we certainly have our transportation experts there to give us technical information.
>> that word "expert" has been used twice. I want to make sure that you understand that we have not developed the expertise within t.n.r. At this point to make some of these evaluations. It doesn't mean that we can't, but it will take some level of effort for us to get there.
>> mean it in the relative sense, joe, more expert than the five of us. [laughter] just a couple of things and i'll be done. If, in fact, the goal is to move freight from trucks to trains, then if the rail is not available [inaudible] the same materials would travel down s.h. 130 on trucks. I guess at some point -- or 35. And I guess at some point the question is which one is bound to be safer. I don't know what the answer is, but we can look at that at some pointed in the future. I do think that's a relative concern. But I was in support of our commuter rail the last time we looked at it. I see this as basically us blessing the creation of a district to go ahead and conduct the necessary feasibility studies which would include financial, alignment, how much of the load we think it will take off of vehicular traffic on 35, s.h. 130.
>> [inaudible]
>> what you said a few minutes ago, though, is that the money remains in federal hands, and the work remains undone until the district is created, and Travis County and city of Austin are critical partners. And without our participation, basically it stays where it's been since the legislation was pass understand '97.
>> commissioner Davis, you do raise a very good point related to the city council. I think it would be appropriate for the Austin city council to renew its support of the rail district because you do raise an appropriate question that that was done, there are I think two new members --
>> they have two appointments they would have to make to this board, and they are -- they are going to have to act on it.
>> right, but, you know, building on your comments, it sounds like we're really creating a study group, called a commuter rail district, that needs to look at environmental studies with that 5.625, other feasibility studies, alternatives in terms of alignment. And I would -- and fiscal, financial. But I would add the safety because I think it's very true, kind of like the longhorn pipeline, and it goes different directions by schools and churches and homes. And i'll tell you, in the south central Austin, it goes by [inaudible] church and becker school. The downtown area when it comes up before it crosses the river, and as soon as it crosses the river, it's the downtown, city hall area. And businesses. And all of that is precinct 4. And so I need to speak up for all those folks. And so, to me, it sounds like we're creating a study group called the commuter rail district for the purpose of utilizing the 5.625 for studies that include the ones that I named. And that's my understanding of what the -- of the discussion we've had today. And that's how I would approve it. I understand it's non-taxing and that it doesn't have -- we are creating this, we are creating this district. This district is not creating county government. Therefore I can see they don't have the right to paz resolutions to do one thing or the other.
>> we're supporting the creation of it.
>> right.
>> and committing to participate by appointing a member.
>> right.
>> and a person we can ask all of the key questions, but you don't get the answers until after the district is created.
>> right. And with that understanding, judge, and I know -- I would ask this be sent to capital metro as well because I understand we have an appointee on the board, but I think the whole board needs to understand what this creation of this study group called commuter rail district entails. And that's my take on this going on the discussion held this morning.
>> well, I just had a couple of follow-up questions. Judge, were you finished?
>> yes, sir.
>> commissioner Gomez? Mike. Could you tell the public the difference between commuter rail and freight rail? Are they one and the same or would one do something different than the other one?
>> well, commuter rail carries people and freight rail carries freight.
>> okay. All right. Now, as you know, we've been talking about freight this morning, but when this issue came before us, it was commuter rail, which was a passenger-type situation. Nowhere was it mentioned about freight. And that's my concern is that -- because we're talking about freight that could be, again, hauling [inaudible] rocket gases, certain liquids, we don't know all the things. And if we're talking about locating on the east side of this community, then, again, we're looking at some creating environmental hazards that could further impact the community since s.h. 130 is going to be implemented. So we're talking about additional hazards to a community that's already overburdened with those type of situations now. And I named those neighborhood associations. Now, as far as the u.p., Union pacific, line and all that stuff, we don't know what that is. So if we're talking about this reds, just commuter rail -- this resolution, just commuter rail, if we're talking about freight, there needs to be a different resolution. And I think under commuter rail district [inaudible] however the resolution speaks to just one. So it's kind of hard for me to support something that I don't have enough data on, again, taxing implications, user fee, a whole bunch of stuff that we have to look at as far as it's concerned. But passenger is a lot different than commuter freight -- not commuter, but frail rail, and we have been talking about both. So my question is does the district by supporting or passing the resolution, does that mean we are embracing both the commuter rail and also a freight rail district?
>> I think you can separate one from the other. Most commuter rail systems around the country operate on tracks that are either purchased from a freight railroad or jointly used. For example, fort worth-dallas operates a commuter rail line and they have commuters during the rail and freight at night. Some are -- tracks are only passenger rail, some are mixed. And I think it's important to the commuter rail district negotiate with union pacific to figure out what that balance is and how to locate all of those. I do think safety is paramount in all of the evaluations that the district would do.
>> see, that's a pointed I want to nail down right there, those comments. You talk about public safety, and I'm here to protect that and I think all of us are here to do that. I know that we are embarked and encroached upon unequally, I think, as far as precinct 1, 2, 3, 4. I don't know about 3. But I do know that on the alignment, we're talking about an alinement that extends probably beyond that 130 deal. So we're talking about neighborhoods that may be impacted. That's what we're talking about here. That's exactly what we're talking about by virtue of the resolution, what are we saying, okay, neighbors, we're going to turn our back on you. Don't mean anything. That's an environmental issue big time. I'm getting a little sick and tired of the rhetoric about folks being environmental but when it comes down to the rubber meet the road, the [inaudible] is getting most of the environmental hazards and this is another one, a clear example. So there's no way in the world I can support this resolution until we're able to be in a position to see exactly what we're dealing with. I'm really concerned about this freight rail situation because of the contaminants and things that will be transported adjacent to these neighborhoods and stuff like that. So it's a lot that needs to be hashed out. So those are my final comments on it. I wish we could go through the due diligence on this as we did the h.m.a.
>> can -- r.m.a.
>> can I propose changes to the resolution? On that first paragraph on the third line which allows a non-tax being district to be created to provide commuter rail. And then on the one, two, three, four -- fifth "whereas."
>> say that one more time.
>> the first paragraph, third line, after the comment which allows on non-taxing district to be created.
>> can I clarify that taxing issue because it's been discussed. What the statute allows the district to do is collect a sales tax at the district's own facilities. And that would be in lieu of whatever other sales tax can be collected will. So once the district is formed, once it has a facility, a terminal, a station, something like that, anything that is sold at that facility the district gets to collect the sales tax on that in lieu of whatever city it's in. If it's in the unincorporated area --
>> but isn't that seen more as a revenue source than a tax.
>> so yes, the district has some sales tax authority, but it's not the ability to impose a sales tax countywide or citywide. It's not the ability to collect sales tax above and beyond as what's already being collected.
>> right. I see that as a revenue source that's available to everybody. And not everybody can tax, though.
>> right.
>> okay. On the sixth whereas --
>> do we want to make that change in view of the clarification?
>> yes.
>> a non-property tax -- a non-property taxing district.
>> well, let me just say this. That this references a specific statute. So the statute itself is clear about what is I loud and is not. -- allowed and not. I don't know that this resolution has any effect one way or the other other than if you --
>> it just makes me feel better. Okay.
>> I think property taxing would be the -- non-property taxing district. And then on the fifth one, after to enhance mobility on that second line, comma, and then safety for its residents, I would add that in. And on the last page, the therefore be it resolved, after -- at the end of statutes, comma, for the purposes of conducting environmental studies, other feasibility studies, alternatives --
>> where? I'm sorry.
>> at the end of the second page where it says now therefore be it resolved. At the end of that. After statutes, comma, for the purpose of conducting environmental studies, other feasibility studies, alternatives, especially alignment, safety of residents, and financial obligations to all entities.
>> I'm really concerned about trying to limit what the district does through this resolution.
>> yeah, but the -- but those are things that we've talked about this morning that -- [multiple voices]
>> I understand what we've talked about and the district will do, but the statute itself addresses the duties and responsibilities the district will have.
>> I don't think we're limiting them because they've already been mentioned as things that they are going to do.
>> but the -- until the board itself meets --
>> if you reference the law, can you really restrict the law anyway?
>> provided by the statute, I think that --
>> put the language on the studies in the whereas clauses. Rather than the now therefore.
>> all right.
>> that would be my suggestion.
>> such as a district created on pass and I think of a resolution favoring its creation. And at the end say --
>> how about if there's a whereas it says whereas there is a necessity for the --
>> due diligence studies to occur, yada, yada.
>> including but not limited to.
>> that would help.
>> that was in a whereas clause as opposed to --
>> do you want to give you time to try to work that language out? Indicate our support of the creation of the district and later today we will have the specific revised language that we approve. How is that?
>> that way they have instructions to go clean it up.
>> please.
>> any more discussion?
>> judge, I would just like to say this before we take the vote. Of course, I'm going to oppose it based on those factors that I brought up before. I just think that we need to do our due diligence before we move forward. I think public hearings are very necessary in this. I think the public ought to have an opportunity to see what we're doing, why we're doing it, how we're going to do it. And, again, when it came to s.h. 130, of course we did hold public hearings in this corridor and in fact the neighborhood groups that would be affected by the corridor. Even when it was supposed to be west of decker lake, we had folks coming in, you know, they were held all over from Williamson county down the line because of the impact s.h. 130 was going to have on the folks in that community. So here again, we're not having the public hearing. I wish we could have one before we move forward. I just think it's a lot of due diligence that needs to be done here. It's not that I don't support commuter rail. I do. I think we can move persons a lot better through the community -- using commuter rail. However, if you create a commuter rail district, that means that I guess they will have the authority to deal with the freight rail phase of this, which would be a hardship to the community in precinct 1, especially if those safety issues of spillage, train derailing, stuff like that, it could wipe out some communities, depending on the stuff of what they are carrying. I don't know what those things are. So again, it's just hard for me to go along with this until I think all the due diligence is in place and the public knows what we're doing, why we're doing it, how we're doing it and a whole bunch of things. So there's a bunch of questions in my mind that still have not been answered. The alignments, just a whole lot of things. And so without that information, it's hard for me to take the first step, even though I want to take the first step, but I just have to cautiously wait and evaluate what comes down through all of this process. But, again, I do know that the folks in precinct 1 are tired of being impacted by unwelcome things and having no control on what goes on there. I think public hearings would be, in my mind, necessary before we take any step. But based on information, based on fact. Right now I don't have any of that this morning. Thank you.
>> any more discussion?
>> commissioner, i'll just very quickly say that we do agree that the due diligence needs to occur. For me this is a way to ensure that the due diligence does occur. There has been a great deal of discussion about this in the community when this legislation was first brought up in the 1997 session. And communities up and down this corridor have had discussions within their community in terms of the passage of resolutions of support for this. As mike as told us, commuter rail has been part of the toolbox in the campo, now called the 2025 plan, but it's been in there for a number of cycles where there have been three members of commissioners court sitting on campo. And the last time we approved that 2025 plan, you were sitting on campo and approved commuter rail as part of the option. So I think this as part of the necessary due diligence. We just are procedurally disagreeing on how to get there.
>> let me say that you are right, I did support commuter rail under the constraint it was to transport passengers. I think I made a clear distinction on on that. During that campo meeting when the freight phase came up I did not support it and I still don't support it because [inaudible] this would be an additional hardship and of course the voters would have no idea this was coming before them as far as a freight rail scenario. We're talking about freight rail here. I want to separate freight from comeert because this is two -- commuter because this is two separate, distinct things. And I think the people out there need to understand, the residents in Travis County need to understand that commuter rail is transporting passengers. Freight rail is transporting freight, which can be very hazardous. And I have never supported freight rail carrying hazardous materials such as this on a rail scenario in precinct 1.
>> there's a current statute -- does the current statute authorize rail for passage of rail and freight?
>> well, the statute authorizes a commuter rail district. Obviously it can purchase right-of-way and construct railroad tracks. I think the issue is from a practical standpoint once the district has built a track for commuter rail, it's feasible for freight rail to use it also. And I can foresee scenarios where it makes financial sense to allow freight to use the rail because maybe then the district doesn't have to pay for the entire facility. See what I'm saying?
>> but then there would be liability.
>> true.
>> all in favor of the motion? Show commissioner Sonleitner, Gomez, Moore and yours truly voting in favor. Voting against commissioner Davis. 6 b., Consider appointment of members to the intermunicipal rail district board and take appropriate action.
>> I have included in your packet the statute that describes the different appointments that must be made to this board, and I would take this opportunity to discuss how I would address the two that are the responsibility of this commissioners court. One would be a member from the court itself, and the other is a representative of our cart, our capital area rural transportation system. Commissioner Gomez sits on that board. I just passed out a listing of all the board members of cart. I -- I don't want to be shot at. I would like to indicate my interest as serving on the board subject to you all's approval. As to how we select the person to represent cart, my suggestion would be we turn sto that board and ask them to designate someone they think is appropriate and willing to serve. But I --
>> you can make this -- when do we need to make this decision?
>> well, I think we have to make the decision by the time the district is formed, which would be upon the passage of the resolution by the last creating member. Under the schedule that's been given to me, that's going to be the city of san antonio, and they've told us they are going to act on it either October 31st or November 7th. We have about a month.
>> I need more time. I haven't thought in about this. I didn't see a whole lot of backup.
>> we all could be thinking, but I appreciate hearing that you have a willingness to do this because this is not going to be --
>> well, I'm on the core done council, so it seems logical -- on the corridor council, and it seems logical --
>> and the list, change that as to the --
>> no kidding. I think that's on their web page.
>> they need to fix that.
>> well --
>> my purpose in having thispostedo discuss it and decide how we want to proceed and when we want to act on it so there would be time for everybody to think bit.
>> I think we need to use the same approach as we did for the r.m.a. Board. We need this person to be able to do what for us? Other than physically appear at the meetings?
>> well, to participate in the decisions of the board itself and bring back to the commissioners court the items that the court would then have to approve for the district to proceed with its business. [one moment, please, for change in captioners]
>> I'm looking at the statute here now, but I guess the statute doesn't really address the -- --
>> so ours has to be a commissioner?
>> yes.
>> thank you, that's the clarification that I'm trying to get, an outside person.
>> it has to be a member of this court, one appointment.
>> yeah.
>> the other has to be a -- a representative of carts, that's why I'm suggesting referring that to the board of carts because it is no more specific than that. It seems to me that that board is an appropriate body for us to turn to scanned for advice. How -- to turn to and ask for advice, how to fill that slot. The city of Austin will devise its own strategy for filling its appointments. The texdot commission has two appointments to make. I presume that what we will do is send them a letter saying --
>> campo.
>> -- saying heads up, your commission needs to act on this. Campo has an appointment, which I -- which I am told will be on the agenda for Monday night to discuss. You know, I -- frank le, from the minute that I -- frankly from the minute that I read this -- that I read this statute and realized that getting the board appointed was going to take a substantial amount of time given everybody's meeting schedules and agenda rules and so it's -- it's none too soon to begin the discussion.
>> yeah.
>> but I think that as a -- a member of the commissioners court needs to be on there, it's logical for you to be that person. I see where the Texas transportation commission appoints two people?
>> right. And capital metro has an appointment, so they will have to take that up on their agenda about how they want to fill it. So --
>> all right.
>> each county that joins, which includes Williamson at this point, they will have an appointment to the board. Then, of course, san antonio via -- whatever they call their metropolitan planning organization. San antonio bexar or something like that. They do their rural transportation through their cog as I understand it. You have to deal with all of that of. Of.
>> I would just -- I don't have any problem with that, I would just ask for us to take another week to do it.
>> that's fine. We have the time.
>> we will have this one back on -- next week. 7 is to consider --
>> judge, before you go to 7, did -- who is going to be responsible for getting in touch with the city of Austin for --
>> I have been.
>> all right. As far as getting the resolution, current resolution as opposed to the one that was passed in 1998.
>> I visited with lisa gordon who has the responsibility for this area. We also, of course, visited with the councilman wynn who is -- has two hats in this deal. He's on the city council, but he's also the chairman of the corridor council at this time and was at the press conference yesterday, we visited about what they needed to do. So I will tip -- I visited with the mayor's office.
>> I hope that you have visited with councilmember thomas, also --
>> I will. I have not --
>> danny thomas because he's on the campo board. Not only that he's -- he's a resident in that area that I talked about earlier. I would want to make sure that everybody know what they are doing here as far as what's being presented here before the commissioners court this morning.
>> actually, I think recently the city of Austin staff indicated to our staff that -- a desire on the city's part to move forward on commuter rail.
>> I guess it's a separate issue as opposed to what I really need to distinguish, freight versus commuter.
>> councilmember thomas is on capital metro now, isn't he, Margaret? He will also get a double dose, campo, capital metro two and city council.
>> on the clerk's side, do we need --
>> yes, sir.
>> does the county clerk -- are you here to give information or just to tell us go ahead and do it?
>> [inaudible - no mic]
>> any questions?
>> move approval.
>> she moved approval of 19 a appeared b. -- 19 a and b [sic]
>> second? Any more discussion? That passes by unanimous vote. Thanks very much for coming over. I know you wanted to learn about commuter rail districts


Last Modified: Wednesday, April 2, 2003 10:25 AM