February 23, 2022 – Texas Department of Transportation Executive Commission Meeting >> GOOD MORNING. IT IS 10:00 A.M. GOOD MORNING. SOME OF MY COMMISSIONERS HAVE HAVING TOO MUCH FUN THIS MORNING. GOOD MORNING. IT IS 10:00 A.M. AND I CALL THE ORDER TO FEBRUARY 23RD, 2022 MEETING TO HAVE TEXAS TRANSPORTATION COMMISSION IN AUSTIN, TEXAS. PLEASE NOTE FOR THE RECORD THAT PUBLIC NOTICE OF THIS MEETING CONTAINING ALL ITEMS ON THE AGENDA WAS FILED WITH THE SECRETARY OF STATE AT 11:50 A.M. ON FEBRUARY THE 15TH, 2022 WHICH IS AT LEAST 7 DAYS PRIOR TO THE MEETING IN ACCORDANCE WITH GOVERNMENT CODE SECTION 551.044. AT THIS TIME, I WOULD LIKE TO ASK THAT BEFORE WE BEGIN TODAY'S MEETING YOU PLACE ALL CELL PHONES AND OTHER COMMUNICATION DEVICES IN THE SILENT OR OFF MODE. TO COMMENT OR REGISTER YOUR OPINION ON AN AGENDA ITEM, PLEASE COMPLETE A YELLOW CARD AND IDENTIFY THE AGENDA ITEM. BRING THAT CARD UP TO OUR CLERK MS. LAWSON HERE ON THE DIAS, WHEN WE GET TO THAT AGENDA ITEM AND AFTER THE STAFF HAS PRESENTED THE AGENDA ITEM, I WILL CALL YOUR NAME TO COME TO THE PODIUM. WHEN YOU COME UP TO THE PODIUM TO SPEAK, PLEASE STATE YOUR NAME AND ORGANIZATION YOU REPRESENT AND THEN STATE YOUR REMARKS. IF YOUR REMARKS DO NOT CONCERN AN AGENDA ITEM, WE WILL TAKE YOUR COMMENTS DURING OPENING COMMENT PERIOD. FOR THOSE COMMENTS PLEASE COMPLETE A BLUE CARD, AGAIN, BRING THAT CARD UP TO OUR CLERK MS. LAWSON HERE AT THE DIAS, WHEN YOU COME UP TO THE PODIUM, STATE YOUR NAME AND IF YOU'RE SPEAKING ON BEHALF OF AN ORGANIZATION, PLEASE LET US KNOW THE NAME OF THE ORGANIZATION. PLEASE NOTE THAT DURING OPENING COMMENT THE COMMISSION IS PROHIBITED BY LAW FROM ANSWERING QUESTIONS OR ENGAGING IN DIALOGUE WITH YOU CONCERNING REMARKS THAT ARE NOT ON THE POSTED AGENDA. REGARDLESS OF WHETHER YOU SPEAK ON AN AGENDA ITEM OR DURING THE OPENING COMMENT PERIOD, YOU WILL HAVE 3 MINUTES TO PROVIDE YOUR REMARKS. WHEN 60 SECONDS REMAIN WILL YELLOW LIGHT ON THE PODIUM TIMER WILL FLASH MEETING, YOU SHOULD START WRAPPING UP COMMENTS AND WHEN THE RED LIGHT FLASHES THE 3 MINUTES HAVE EXPIRED. BEFORE WE BEGIN, I'M GOING TO TURN THE MEETING OVER TO OUR EXECUTIVE DIRECTOR MARC WILLIAMS. >> THANK YOU, CHAIRMAN. AT THIS TIME I ASK FOR EVERYONE'S FULL ATTENTION TO BE DIRECTED TO THE SCREENS AS WE SHOW THE SAFETY B BUILD DESCRIBING EXITS AND PROCEDURES. >> ATTENTION, PLEASE, SAFETY BRIEFING TO HELP ENSURE YOUR PERSONAL SAFETY WHILE AT THE TEXAS DEPARTMENT OF TRANSPORTATION GREER BUILDING. IN CASE OF A MEDICAL EMERGENCY, PLEASE CALL 9-1-1. AN AUTOMATED UNIT IS LOCATED ON LEVEL 1 IN THE MAIN LOBBY AT THE SECURITY BOOTH. FIRST AID KITS ARE MARKED AND LOCATED ON EACH FLOOR. FIRE EXTINGUISHERS ARE MARKED AND LOCATED ON EACH FLOOR. IN THE EVENT OF AN EVACUATION PROCEED TO THE NEAREST EXIT. ONCE OUTSIDE, PROCEED TO THE WEST PARKING LOT OF THE GREER BUILDING LOCATED TAT CORNER OF CONGRESS AVENUE AND 11TH STREET. IN CASE OF TORNADO OR INCLEMENT WEATHER STAY INSIDE, MOVE AWAY FROM EXTERIOR WALLS AND WINDOWS. THE DESIGNATED SHELTERS ARE STAIRWELLS, BASEMENT, INTERIOR HALLWAYS AND CENTRALLY LOCATED RESTROOMS. IN CASE OF ACTIVE SHOOTER OR BOMB THREAT, FOLLOW INSTRUCTIONS FROM THE PUBLIC ADDRESS SYSTEM AND ON-SITE SECURITY PERSONNEL FOR ME DETAILS. THANK YOU FOR YOUR TIME, HAVE A SAFE AND PRODUCTIVE MEETING. >> MR. CHAIRMAN, WITH THE SAFETY VIDEO COMPLETED, I WILL TURN THE MEETING BACK TO YOU. >> THANK YOU. NOW WE WILL OPEN WITH COMMENTS FROM MY FELLOW COMMISSIONERS. I WOULD LIKE TO START WITH COMMENTS FROM COMMISSIONER VAUGHN, GOOD MORNING. >> GOOD MORNING. >> THANK YOU. >> COMMISSIONER NEW? >> VERY BRIEFLY. I PARTICIPATED BRIEFLY BUT ENJOYED LISTENING IN AT THE TEXAS TRANSPORTATION FORUM. I WAS -- I THOUGHT WE TOUCHED MANY SUBJECTS AND DID A REALLY GOOD JOB. I VERY MUCH ENJOYED THE TEXAS TRANSPORTATION FORUM AND KUDOS FOR THOSE WHO PUT THAT ON AND PARTICIPATED AND WENT WELL AND LISTENED ON THE TEXAS FREIGHT ADVISORY COMMITTEE THIS MONTH AND THAT CONTINUES TO BE DYNAMIC AND A LOT OF REGIONAL STUDIES AND INTERSTATE CORRIDOR STUDIES AND IMPACTS OF FREIGHT AND -- AND SO LISTENED IN ON THAT AND PASS THAT, NORMAL DUTIES, LOOK FORWARD TO THE MEETING. >> COMMISSIONER RYAN. >> YES, THANK YOU, GOOD MORNING, EVERYONE. I ALSO WANTED TO COMMENT ON THE TRANSPORTATION FORUM. I THOUGHT IT WAS WELL DONE. I APPRECIATED THE PACE AND THE CONTENT. THERE WAS A LOT OF INTERESTING THINGS THAT WERE NEW AND I HAVE HEARD NOTHING BUT GREAT COMMENTS SO KUDOS TO EVERYBODY THAT WORKED ON PUTTING THAT TOGETHER. I KNOW A LOT OF WORK WENT INTO IT. THANK YOU FOR THAT. I ALSO WANTED TO SHARE THAT YESTERDAY COMMISSIONER VAUGHN AND II GUESS HOSTED, HELD THE AUDIT SUBCOMMITTEE MEETING AND DETAILS IN THE PRESENTATION AND MEETINGS WILL BE FORWARDED BUT OF NOTE ONE OF THE THINGS THAT I WANTED TO BRING UP OVER THE LAST YEAR THE COMPLIANCE DIVISION HAS CONTINUED, HAS REPORTED AN WE'VE CONTINUED TO SEE AN INCREASE IN NUMBER OF VIOLATIONS AND THEN WITH THIRD PARTY. LOOKING AT THAT, OUR DISCUSSION THAT OUR AUDIT DIVISION WORKING WITH CONSTRUCTION IS GOING TO REACH OUT EXTERNALLY WITH OUR INDUSTRY PARTNERS AND ASSOCIATIONS TO MAKE SURE THAT WE ARE PROACTIVE IN COMMUNICATING REALLY WHAT THE POLICIES AND PROCEDURES ARE WHEN DOING BUSINESS WITH TXDOT SO WE CAN, I GUESS, CHECK O O OFF THE SNOWING OF THE SITUATION IS NOT BLATANT BUT LACK OF AWARENESS. WE WILL WORK TO GET THAT OUT AND WORK TO GET THAT NUMBER COME DOWN. ALSO I WILL SHOW A QUICK VIDEO. IT'S INTERESTING. I SHOWED THE VIDEO 3 YEARS AGO WHEN I SPOKE THE FIRST TIME ON ENDING THE STREAK AND FATALITIES ON ROAD, HOWEVER, I THINK THE MESSAGE IS PROBABLY MORE RELEVANT TODAY THAN IT WAS AT THE TIME, SO WE ARE GOING TO TAKE A LOOK AT THE VIDEO, PLEASE. >> WHEN PEOPLE DIE ON THE ROADS, WHAT DO YOU THINK IS ACCEPTABLE NUMBER? >> 60, 70. >> YOU SAID 70? >> 70 PEOPLE. SO NOW WHAT DO YOU THINK WOULD BE A MORE ACCEPTABLE NUMBER? >> ZERO. ZERO. >> SO THREE YEARS LATER IT STILL GETS TO ME. BUT THAT WAS THE ONE, THAT WAS THE VIDEO THAT CAUGHT MY ATTENTION 3 YEARS AGO AND MADE ME REALIZE HOW PERSONAL THESE NUMBERS WERE. YOU KNOW, I WILL SAY IT AGAIN, ZERO, ZERO IS THE ACCEPTABLE NUMBER FOR FATALITIES ON OUR TEXAS ROADS. TWO YEARS AGO THIS COMMISSION MADE A COMMITMENT ADOPTED THAT BY 2050 WE WOULD REACH ZERO FATALITIES AND BY 2035 WE WANTED TO CUT THE NUMBER OF FATALITIES ON OUR ROADS IN HALF. THAT MEANS THAT WE NEED TO SAVE 2,200 LIVES OVER THE NEXT COUPLE -- TEN YEARS. THE FACT IS THAT WHEN WE LOOK AT THE NUMBERS OF LAST YEAR, DRIVERS' DECISIONS COULD IMPACT THAT NUMBER TODAY BECAUSE WE HAD 2,700 FATALITIES WHERE SPEEDING AND NOT WEARING A SEAT BELT WERE DETERMINED TO BE THE CONTRIBUTING FACTORS FOR THOSE FATALITIES. SO THAT 2700 NUMBER IS MORE THAN 50% OF THE FATALITIES WE HAD ON OUR ROADS LAST YEAR ALONE. SO IF WE COULD GET DRIVER RESPONSIBILITY AND DRIVER ACCOUNTABILITY AND GET PEOPLE TO MAKE DIFFERENT DECISIONS, WE COULD HAVE REACHED THAT NUMBER LAST YEAR. SO CERTAINLY NOT AN IMPOSSIBLE NUMBER. THAT THEN LEAVES THE OTHER HALF FOR US TO WORK ON BY 2050. SO I WILL ENCOURAGE EVERYONE TO ENCOURAGE EVERYONE TO TAKE RESPONSIBILITY WHEN BEHIND THE WHEEL AND MAKE THE DECISIONS THAT ARE GOING TO SAVE LIVES AND THAT'S PLEASE DO THE POSTED SPEED LIMIT AND PLEASE BUCKLE UP EVERY RIDER AND EVERY PASSENGER AND EVERY DRIVER BECAUSE THOSE TWO FACTORS COULD HAVE SAVED SIX LIVES A DAY LAST YEAR. SO WE WILL CONTINUE TO WORK ON OUR END BUT ALSO CONTINUE TO REQUEST THAT THE DRIVING PUBLIC PARTICIPATE IN THIS WITH US. THANK YOU. >> THANK YOU, COMMISSIONER RYAN. I WOULD LIKE TO FIRST CONGRATULATE MARC WILLIAMS ON A GREAT TRANSPORTATION FORUM THAT WE HAD EARLIER THIS MONTH IN SAN ANTONIO AND MARC, YOU AND YOUR TEAM DID A FANTASTIC JOB PUTTING IT TOGETHER AND EXECUTING ON IT AND WE HAD FABULOUS ATTENDANCE. I THINK EVERYONE WAS REALLY READY TO BE BACK TOGETHER AGAIN AND IT SHOWED. THE OTHER THING I WANT TO CONGRATULATE MARC WILLIAMS ON IS THAT I WOULD LIKE TO BASICALLY ACKNOWLEDGE AND CONGRATULATE YOU ON TEN YEARS OF SERVICE WITH TEXAS DEPARTMENT OF TRANSPORTATION. FOR THOSE OF YOU WHO MAY NOT KNOW EXECUTIVE DIRECTOR WILLIAMS JOINED TXDOT IN 2012 AS DIRECTOR OF PLANNING WHICH INVOLVED OVERSIGHT OF NUMEROUS DIVISIONS INCLUDING TRANSPORTATION PLANNING AND PROGRAMMING, ENVIRONMENTAL AFFAIRS, AVIATION, PUBLIC TRANSPORTATION, RAIL AND MARITIME. IN EARLY 2016, WILLIAMS WAS APPOINTED DEPUTY EXECUTIVE DIRECTOR AND DIRECTLY SUPPORTED THE EXECUTIVE DIRECTOR JAMES BASS AS THE TEXAS TRANSPORTATION COMMISSION AND TEXAS TRANSPORTATION COMMISSION AND THE LEADERSHIP AND OPERATION OF THE DEPARTMENT IN THIS ROLE. MARC, ALSO PROVIDED OVERSIGHT TO CIVIL RIGHTS AN OCCUPATIONAL SAFETY DIVISIONS. IN MAY OF 2021 THE TEXAS TRANSPORTATION COMMISSION SELECTED MARC WILLIAMS AS OUR NEW EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF TRANSPORTATION EFFECTIVE JUNE 1, 2021. CONGRATULATIONS ON YOUR TEN YEARS OF SERVICE TO TXDOT AND THE STATE OF TEXAS. >> THANK YOU. >> I HAVE A LITTLE PRESENTATION FOR YOU. CONGRATULATIONS. >> THANK YOU. >> ABSOLUTELY. >> APPRECIATE IT. >> ABSOLUTELY. I'D ALSO LIKE TO GIVE A SHORT UPDATE ON THE BROADWAY PROJECT IN SAN ANTONIO. YOU'LL RECALL THAT LAST MONTH WE TOOK COMMISSION ACTION RESCINDING TWO MINUTE ORDERS AND AT THAT TIME I COMMITTED TO MEET WITH THE LEADERSHIP OF THE CITY OF SAN ANTONIO AND THE CITY OF ALAMO HEIGHTS AND JUST TO REPORT ON THAT, I DID, IN FACT, MEET WITH THE MAYOR AND THE CITY MANAGER OF THE CITY OF SAN ANTONIO ON FEBRUARY THE SECOND IN THE MORNING LATER THAT AFTERNOON I MET WITH THE MAYOR AND THE CITY MANAGER OF THE CITY OF ALAMO HEIGHTS TO DISCUSS WHAT TXDOT'S PLANS ARE AND IT BASICALLY COMES DOWN TO OUR SOLE GOAL IS TO MAINTAIN THE CAPACITY ON BROADWAY. WE AGREED THAT WE WOULD HAVE DISCUSSIONS AND WE AGREED THAT WE WOULD BASICALLY ENGAGE AN ENGINEERING FIRM THAT WOULD CONNECT A FULL REVIEW OF WHAT OUR NEEDS ARE AND TO SEE HOW WE MAY IF POSSIBLE ACCOMMODATE WHAT THE CITY OF SAN ANTONIO AND WHAT THE CITY OF ALAMO HEIGHTS WOULD LIKE TO SEE. BUT IT WAS DISCUSSED THAT THE TEXAS DEPARTMENT OF TRANSPORTATION OWNS, HAS OWNED ANT CONTINUES TO OWN BROADWAY. AND WE ARE GOING TO IN OUR RESPONSIBILITIES THAT WE DISCHARGE, WE ARE GOING TO MAKE SURE THAT THE PURPOSES THAT BROADWAY WAS FIRST BUILT FOR WILL CONTINUE TO SERVE THE PEOPLE, NOT ONLY OF SAN ANTONIO BUT OF THE STATE OF TEXAS. SO WE'VE DEVELOPED A PLAN, WE ARE GOING TO WORK THE PLAN, BUT I WANT TO MAYBE SET THE RECORD STRAIGHT ON A FEW THINGS THAT I HAVE READ OR HEARD IN THE MEDIA IN SAN ANTONIO. FIRST OF ALL, THERE HAVE BEEN NO DEADLINES THAT HAVE BEEN SET. WHAT WE ARE DOING IS UNDER THE LEADERSHIP OF GI NA GALLEGOS WHO IS IS OUR ENGINEER WE HAVE CONDUCTED NOT ONLY THE MEETINGS THAT I HAD ON FEBRUARY 2ND WITH THE MAYOR AND THE CITY MANAGER OF BOTH THE CITIES OF SAN ANTONIO AND CITY OF ALAMO HEIGHTS BUT GINA HAS PICKED UP THE BALL AND SHE HAS HAD MEETINGS OF THE PRINCIPALS OF CITY OF ANTONIO AND CITY OF ALAMO HEIGHTS IN COMING TOGETHER TRYING TO SET WHAT THE BASIC ASSUMPTIONS ARE FOR THE TRANSPORTATION STUDY THAT IS CURRENTLY BEING CONDUCTED. THEN SHE HAD A SECOND MEETING THAT WAS MORE WHAT SHE DESCRIBES AS A TECHNICAL MEETING, KIND OF A WORKING MEETING TO CONTINUE TO WORK ON THIS. BUT MARC AND I MET WITH THE MAYOR AND THE CITY MANAGER AND MARC WORKED AND MET WITH THE CITY MANAGER OF ALAMO HEIGHTS AND WHAT WE HAVE SAID IS THAT WE WILL WORK THROUGH THIS TRAFFIC STUDY. THERE HAVE BEEN NO TIMELINES OR DEADLINES OF WHAT -- OF ANY WHATSOEVER THAT HAVE BEEN SET. BUT WE -- WE COMMITTED TO WORK DILIGENTLY, LISTENING TO WHAT THE CITY OF SAN ANTONIO AND THE CITY OF ALAMO HEIGHTS WOULD LIKE TO SEE BUT AS I SAID, WE REMAIN COMMITTED TO BASICALLY ASSURING THAT THE DRIVING PUBLIC IN SAN ANTONIO ON BROADWAY WILL HAVE THE CAPACITY IT NEEDS AND THAT WILL BE OUR RESPONSIBLE TO THE PEOPLE OF THE STATE OF TEXAS AND WE WILL CONTINUE TO DISCHARGE THAT RESPONSIBILITY. SO I JUST WANTED TO BRIEFLY GIVE MY FELLOW COMMISSIONERS AN UPDATE ON HOW WE HAVE BASICALLY LIVED UP TO EVERYTHING WE SAID WE WOULD DO WHICH IS MEET AND HAVE DISCUSSIONS AND WE ARE WORKING DILIGENTLY TOWARDS COMING UP WITH THIS TRAFFIC STUDY. AND I WILL REPORT BACK AS WE CONTINUE TO WORK ON THIS. SO WITH THAT, WE WILL NOW CONSIDER THE APPROVAL OF THE MINUTES FROM THE JANUARY 27, 2022 REGULAR MEETING AND THE JANUARY 27, 2022 SPECIAL MEETING OF THE TEXAS TRANSPORTATION COMMISSION. MEMBERS THE DRAFT MEETINGS HAVE BEEN PROVIDED TO YOU, MAY I HAVE A MOTION TO APPROVE THE MINUTES OF THE JANUARY 27, 2022 REGULAR MEETING AND THE JANUARY 27, 2022 SPECIAL MEETING OF THE TEXAS TRANSPORTATION COMMISSION. >> SO MOVED. >> THANK YOU, COMMISSIONER VAUGHN. >> SECOND. >> THANK YOU, COMMISSIONER VAUGHN. >> ALL IN FAVOR, SAY AYE, ANY OPPOSE? MOTION PASSES. WITH THAT I WILL PASS TO EXECUTIVE DIRECT OTHER MARC WILLIAMS. >> THANK YOU, CHAIRMAN. ITEM 3A, CONSIDERATION OF THE AWARD OF CONTRACTS AND OUR CONSTRUCTION DIVISION DUANE MILLIGAN WILL PRESENT THE ITEM. >> GOOD MORNING, THE HIGHWAY IMPROVEMENT CONTRACTS AND THE ROUTINE MAINTENANCE CONTRACTS WERE SEPARATED IN TWO MINUTE ORDERS WITH COMBINING $4.629 MILLION. WITH THE ADDITION OF THE LOCAL MAINTENANCE AND ONE DESIGN BUILD PROJECT THE TOTAL $2.05 BILLION. THIS INCLUDES THE SOUTHEAST CONNECTOR DESIGN BUILD PROJECT AND IN THE FORT WORTH DISTRICT AND GRANTED AT THE NOVEMBER 30TH, 2021 MEETING AND THE DEPARTMENT WILL EXECUTE THE CONTRACT FOR $1.59 BILLION ON FEBRUARY 24TH, 2022. THE TOTAL DOLLAR VOLUME FOR THE FISCAL YEAR TO DATE IS $4.96 BILLION. 96.7% OF THE PLAN, 5.13 BILLION FOR THE PERIOD OF SEPTEMBER 2021 THROUGH FEBRUARY 2022. ITEM 3A IS FOR THE CONSIDERATION OF THE AWARD OR REJECTION OF CONTRACTS FOR HIGHWAY IMPROVEMENT PROJECTS ON FEBRUARY THIRD AND FOURTH, 2022. WE PRESENT WITH OVERALL 3.98 BIDS PER PROJECT AND LOW BID VALUE APPROXIMATELY 348.17 MILLION WITH OVERALL OVERRUN OF 0.3%. THE FEBRUARY PROJECTS WERE CATEGORIZED UNDER THE FOLLOWING PERFORMANCE AREAS. PAVEMENT PRESERVATION, 129.22 MILLION. CONGESTION REDUCTION, 128.33 MILLION. SAFETY, 3.58 MILLION. BRIDGEWAY 27 MILLION AND ENHANCED CONNECTIVITY AND BASED ON THE CROSSWALK OF 348.1 MILLION ON THIS MONTH EATS LETTING 43.58 MILLION IS DIRECTLY RELATED TO SAFETY BUT IN LOOKING AT THE PROJECTS OVERALL EVERY PROJECT DOES HAVE VARIOUS SAFETY ASPECTS EVOLVED. THERE ARE 7 PROJECTS WITH OUTSTANDING RIGHT AWAY UTILITY AND RAILROAD ISSUES. ONE WILL BE CLEARED NEXT MONTH. 5 WILL BE CLEARED IN TWO MONTHS AND ONE HAS AN IMPROVED MANAGEMENT PLAN. STAFF RECOMMENDS AWARD OF ALL HIGHWAY IMPROVEMENT PROJECTS AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS THE COMMISSION MAY HAVE AT THIS TIME. >> THANK YOU. COMMISSIONERS, ARE THERE ANY REMARKS OR QUESTIONS FOR DIRECTOR MILLINGAN? HEARING NONE, DO I HAVE A MOTION TO APPROVE THE HIGHWAY IMPROVEMENT TRANSPORTATION FACILITIES CONTRACT AS LISTED IN EXHIBIT A TO THE MINUTE ORDER IN ACCORDANCE WITH STAFF RECOMMENDATIONS? >> SO MOVED. >> SECOND? OKAY. ALL IN FAVOR PLEASE SAY AYE. >> AYE. >> AYE. >> ANY OPPOSED? MOTION PASSES UNANIMOUSLY. WITH THAT I WILL TURN IT BACK OVER. >> DIRECTOR MILLIGAN CONTINUE. >> AWARD AND REJECTION FOR ROUTINE MAINTENANCE PROJECTS. WE PRESENT 57 PROJECTS WITH AN OVERALL AVERAGE OF 3.14 BIDS PER PROJECT. LOW BID VALUE IS APPROXIMATELY 58.21 MILLION WITH OVERALL OVERRUN OF 2.92%. STAFF RECOMMENDS AWARD OF ALL ROUTINE MAINTENANCE PROJECTS WITH THE EXCEPTION OF ONE. THAT PROJECT IS MONTGOMERY COUNTY PROJECT NUMBER RMC638849001. JOB NUMBER 4010. FOUR BIDS WERE SUBMITTED FOR THIS PROJECT. THE LOW BID WAS 0.004% OR $1,915 AND 50 CENTS UNDER THE ENGINEER'S ESTIMATE. THIS CONTRACT FOR GUARDRAIL REPAIR THROUGHOUT MONTGOMERY COUNTY. THE DEPARTMENT HAS IDENTIFIED A IRREGULARITIES SURROUNDING THE BID THEREFORE WE RECOMMEND THE PROJECT BE REJECTED IN THE BEST INTEREST OF THE STATE AND RELET LATER. I WILL BE HAPPY TO ANSWER ANY QUESTIONS THE COMMISSIONERS MAY HAVE AT THIS TIME. >> COMMISSIONERS, ANY REMARKS OR QUESTIONS FOR DIRECTOR MILLIGAN, HEARING NONE, MOTION TO REJECT IN ACCORDANCE WITH STAFF RECOMMENDATIONS? >> SO MOVED. >> THANK YOU, COMMISSIONER NEW. DO I HAVE A SECOND? >> SECOND. >> THANK YOU, COMMISSIONER RYAN. ALL IN FAVOR PLEASE SAY AYE. >> AYE. >> MOTION PASSES UNANIMOUSLY. MARK. >> ITEM 3C FOR THE CONSIDERATION OF RESCINDING THE AWARD OF AND REJECTING ONE ROUTINE MAINTENANCE CONTRACT AGAIN DIRECTOR MILLIGAN CONTINUE. >> ITEM 3C FOR THE CONSIDERATION OF RESCINDING THE AWARD OF, THE CONTRACT FOR WALLER COUNTY PROJECT RMC-63894200 WAS AWARD ON JANUARY 27TH, 2022 BY MINUTE ORDER 116179. 5 BIDS WERE SUBMITTED FOR THIS PROJECT AND THE LOW BID WAS 6.2% OR $20,150 UNDER THE ENGINEER'S ESTIMATE. THIS SITE -- THIS PROJECT IS FOR NON-SITE SPECIFIC CALL-OUT CONTRACT FOR GUARDRAIL PREPARES THROUGHOUT WALLER COUNTY. THE DEPARTMENT HAS IDENTIFIED IRREGULARITIES THEREFORE WE ASK AWARD BE RESCINDED TO ALLOW FOR THE PROJECT TO BE RELET IN THE FUTURE AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS THAT THE COMMISSION MAY HAVE AT THIS TIME. >> THANK YOU. COMMISSIONERS, ANY REMARKS OR QUESTIONS FOR DIRECTOR? IF NOT MAY I HAVE A MOTION TO RESCIND AND REJECT THE ROUTINE MAINTENANCE CONTRACT IN ACCORDANCE WITH THE STAFF RECOMMENDATIONS? THANK YOU, COMMISSIONER VAUGHN. SECOND? THANK YOU, COMMISSIONER NEW. ALL IN FAVOR PLEASE SAY AYE. ANY OPPOSE? MOTION PASSES UNANIMOUSLY. >> THANK YOU, CHAIRMAN. NEXT IS ITEM 3D, CONSIDERATION OF THE BUILDING CONTRACTS IN OUR FACILITIES PLANNING AND MANAGEMENT SECTION DIRECTOR WARREN ROSE WILL PRESENT THE ITEM. >> PRESENTED FOR CONSIDERATION ARE TWO BUILDING CONSTRUCTION CONTRACTS. THE FIRST CONTRACT IS FOR THE CONSTRUCTION OF THE AUSTIN DISTRICT LAB, STAFF RECEIVED TWO BIDS WITH LOW BID OF $1.4 MILLION WHICH IS 29% OVER THE ARCHITECT'S ESTIMATE. STAFF HAS REVIEWED THE BIDS AND RECOMMENDS AWARD. FOR THE SECOND CONTRACT, THE SECOND CONTRACT IS FOR THE REPLACEMENT OF THE GAS LINES AT THE ODESSA DISTRICT HEADQUARTERS COMPLEX. STAFF RECEIVED A SINGLE BID FOR $607,385 WHICH IS 106% OVER THE ENGINEER'S ESTIMATES OF $295,000. STAFF HAS EXAMINED THE BIDS, REVIEWED THE LABOR AND MATERIAL COSTS AND BELIEVE IT WOULD BE BEST TO REFINE THE SCOPE OF THE PROJECT AND RELET AT A FUTURE DATE. STAFF RECOMMENDS REJECTION OF THE CONTRACT. I'M AVAILABLE FOR ANY QUESTIONS. >> THANK YOU, COMMISSIONERS ARE THERE ANY REMARKS OR QUESTIONS FOR SECTION DIRECTOR ROSE? >> ONE QUESTION. >> YOU HAVE A QUESTION? OKAY. >> WE'VE HAD WITH REGARD TO FACILITIES WE HAVE SEEN OVERAGES MORE IN THE RURAL AREAS WHERE IT WAS HARDER TO GET TO. WHAT IS DRIVING THIS PARTICULAR OVERAGE ON THE AUSTIN PROJECT? >> ON THE AUSTIN PROJECT, WELL, WE ARE JUST SEEING INCREASES IN THE COST OF THE STEEL, THE COST OF THE CONCRETE AND SO IT JUST DEPENDS -- YOU KNOW, IT'S HARD TO TIME THAT MARKET BUT WHENEVER THERE'S AMPLE SUPPLY THEN WE GET REALLY GOOD BIDS BUT WHEN THERE'S NOT AMPLE SUPPLY THEN IT'S JUST TIER TOTTERING, THERE'S JUST A PROBLEM IN THE SUPPLY CHAIN. AND SO THAT'S WHAT'S DRIVING THAT, IT'S THE SUPPLY CHAIN ISSUE. BUT ONE OF THE THINGS THAT WE HAVE DONE IS WE HAVE BROKEN OUR PORTFOLIO UP INTO CATEGORY ONE AND CATEGORY TWO ITEMS AND SO THE CATEGORY ONE ITEMS, THE TIER ONE ITEMS, THESE ARE THE THINGS WE JUST MUST DO IN THIS. THE CATEGORY TWO ITEMS, WE REALLY NEED TO GET DONE BUT WE CAN DEFER THEM AND SO THAT'S HOW WE ARE MANAGING THE PORTFOLIO. >> OKAY, THANK YOU. >> SO MAY I HAVE A MOTION TO AWARD OR REJECT THE BUILDING CONTRACTS AS LISTED IN EXHIBIT A TO THE MINUTE ORDER IN ACCORDANCE WITH STAFF RECOMMENDATIONS? >> SO MOVED. >> THANK YOU COMMISSIONER RYAN. THANK YOU COMMISSIONER VAUGHN. ALL IN FAVOR PLEASE SAY AYE. ANY OPPOSE IN MOTION PASSES UNANIMOUSLY. >> CHAIRMAN ITEM NUMBER IS THE CONSIDERATION OF FEDERAL AND STATE AVIATION AWARDS, AVIATION DIVISION DIRECTOR DAN HARMON WILL PRESENT THE ITEM. >> GOOD MORNING. THIS MINUTE ORDER CONTAINS REQUEST FOR GRANT FUNDING APPROVAL FOR ACAPITAL IMPROVEMENT PROJECTS, CITIES AN COUNTIES REQUESTING GRANTS, REQUESTED ARE INCLUDED IN EXHIBIT A. A PUBLIC HEARING WAS HELD ON JANUARY 31ST OF THIS YEAR, NO COMMENTS WERE RECEIVED AND STAFF RECOMMENDS APPROVAL. STANDBY FOR ANY QUESTIONS. >> COMMISSIONERS, ARE THERE ANY REMARKS OR QUESTIONS FOR DIRECTOR HARMON? >> QUICK REMARK. CONTINUE AND APPRECIATE EFFORTS THAT WE MAKE TO HANDLE AIR TRAFFIC ALL OVER THE STATE OF TEXAS AND IT'S PARTICULARLY IMPORTANT AND IN SOME OF THE RURAL AREAS AND WOULDN'T BE ABLE TO DO THINGS NECESSARY TO UPKEEP AIRPORTS AND SO I APPRECIATE THE EFFORTS AND I APPRECIATE THE ONGOING SUPPORT OF ALL OF THE AIRPORTS ACROSS THE STATE. >> ANY OTHER COMMENTS OR QUESTIONS? SO IS THAT A MOTION COMMISSIONER NEW? >> ABSOLUTELY. >> TO APPROVE THE AVIATION GRANT AWARDS IN CONNECTION WITH THE STAFF RECOMMENDATIONS? >> PARENTHETICAL. >> OKAY. >> MAY I HAVE A SECOND. >> SECOND. >> ALL IN FAVOR PLEASE SAY AYE, OPPOSE? MOTION PASSES UNANIMOUSLY. >> CHAIRMAN, THIS BRINGS US TO ITEM 5 WHICH IS THE EMINENT DOMAIN PROCEEDINGS RIGHT OF WAY DIVISION DIRECTOR KYLE MADSEN WILL PRESENT THE ITEM. >> GOOD MORNING, TO ACQUIRE 187 PARCELS, TXDOT WILL CONTROL ACCESS TO 31 AND WILL NOT CONTROL 156 OF THE PARCELS STAFF RECOMMENDS APPROVAL. >> THANK YOU. COMMISSIONERS, ANY REMARKS OR QUESTIONS FOR DIRECTOR MADSEN? HEARING NONE, COMMISSIONER VAUGHN, DO YOU HAVE A MOTION TO MAKE? >> CHAIRMAN, I MOVE THAT THE TEXAS TRANSPORTATION COMMISSION AUTHORIZE TEXAS DEPARTMENT OF TRANSPORTATION TO USE POWER OF EMINENT DOMAIN TO ACQUIRE THE PROPERTIES ASCRIBED IN THE MINUTE ORDER SET FORTH IN THE AGENDA FOR THE CURRENT MONTH FOR CONSTRUCTION, RECONSTRUCTION, STRAIGHTENING OR EXTENDING HIGHWAY FACILITIES LISTED IN THE MINUTE ORDER AS PART OF STATE HIGHWAY SYSTEM AND THAT THE FIRST RECORD VOTE APPLIES TO ALL UNITS OF PROPERTY TO BE CONDEMNED. >> THANK YOU COMMISSIONER VAUGHN. COMMISSIONER VAUGHN HAS MOVED TO AUTHORIZE, MAY I HAVE A SECOND? THANK YOU, COMMISSIONER NEW. ALL IN FAVOR PLEASE SAY AYE? ANY OPPOSED? MOTION PASSES UNANIMOUSLY. >> ITEM 6 IS THE CONSIDERATION OF THE ROUTINE MINUTE ORDERS INCLUDING DONATIONS TO THE DEPARTMENT, REAL ESTATE DISPOSITIONS, REPORTS, THE ECONOMICALLY DISADVANTAGED LAND ACQUISITIONS RAIL CLEARANCE DEVIATIONS, DESIGNATION OF ACCESS CONTROL AND SPEED ZONES. STAFF RECOMMENDS APPROVAL OF THE MINUTE ORDERS THAT ARE INCLUDED IN THE ROUTINE ITEMS, ITEMS PERTAINING TO REPORTS TO THE COMMISSION ARE INCLUDED FOR INFORMATIONAL PURPOSES AND DO NOT INVOLVE A REQUIRED ACTION BY THE COMMISSION. >> THANK YOU, DIRECTOR WILLIAMS. COMMISSIONERS, ANY QUESTIONS CONCERNING THE ROUTINE MINUTE ORDERS? HEARING NONE, I HAVE A MOTION TO APPROVE THE ROUTINE MINUTE ORDERS IN ACCORDANCE WITH DIRECTOR WILLIAMS' DIRECTION. >> SO MOVED. >> THANK YOU, COMMISSIONER RYAN. THANK YOU, COMMISSIONER VAUGHN, ALL IN FAVOR PLEASE SAY AYE. ANY OPPOSED? THE MOTION PASSES UNANIMOUSLY. WE WILL BE GOING TO EXECUTIVE SESSION TODAY AND MAKE SURE THAT ALL THE OPEN COMMENT CARDS ARE GIVEN A CHANCE AND PEOPLE GIVEN A CHANCE TO COMMENT. I DO SEE THAT WE HAVE SEVERAL COMMENT CARDS AND AT THIS TIME I WOULD LIKE TO INVITE EDUARDO CALVO TO COME FORWARD TO STATE THE NAME FOR THE RECORD AND THE ORGANIZATION THAT YOU REPRESENT. >> GOOD MORNING, CHAIRMAN, COMMISSIONERS? CALVO. I'M EXCITED TO BE HERE IN PERSON TODAY. I WILL SHARE THE SAME CONGRATULATIONS AND WE HAD A LOT OF FUN AND THE SESSIONS WERE GREAT BUT ALL THE, YOU KNOW, NETWORKING OUTSIDE AND ALL THAT BEING ABLE TO DO THAT IN PERSON AGAIN WAS AWESOME, IT WAS AMAZING. SO I'M HERE JUST TO TALK VERY BRIEFLY ABOUT SOME OF THE EXCITING THINGS THAT WE ARE LOOKING FORWARD TO HAPPENING WITH THE EL PASO REGION AND THE COORDINATION WITH TXDOT. FIRST OF ALL THE BORDER MASTER PLAN PHASE 2 WILL KICK OFF VERY SOON. AGAIN, YOU KNOW, WE WERE VERY EXCITED TO PARTICIPATE ON THAT AND BUILD ON THE -- ON THE GREAT FINDINGS AND ALL THAT HAPPENED FROM PHASE 1. RELATED TO THIS AND TO YOUR POINT COMMISSIONER NEW ABOUT SOME OF THE COMMITTEES, ABOUT THE BORDER TRADE ADVISORY COMMITTEE IS MEETING FOR THE FIRST TIME THIS YEAR TOMORROW. SO I'M A MEMBER OF THAT AND I'M VERY EXCITED TO CONTINUE WORKING WITH OUR FELLOW EL PASOANS AND THE REST OF THE COLLEAGUES OF THE OTHER BORDER REGIONS AND REALLY LOOK FORWARD TO WORKING WITH THE SECRETARY OF STATE, JON SCOTT. I THINK IT'S GOING TO BE HIS FIRST MEETING AND REALLY LOOK FORWARD TO A GOOD PARTNERSHIP WITH THEM AS WELL. ANOTHER THING RELATED TO THIS IS AN ANNOUNCEMENT THAT WE HEARD, WE GOT ACTUALLY THURSDAY LATE THURSDAY FROM CONGRESSWOMAN ESCOBAR ANNOUNCING A MAJOR INVESTMENT TO IMPROVE THE BRIDGE OF THE AMERICAS IN THE EL PASO AREA. $600 MILLION AND THAT'S A GOOD CHUNK OF CHANGE. IT'S TREMENDOUS FOR US AND EXCITED BECAUSE I THINK THAT'S -- THAT'S A RECOGNITION OF THE IMPORTANCE OF THE -- OF THAT BORDER CROSSING ITSELF BUT ALSO FOR THE REGION AS YOU ALL KNOW AND WAS DOCUMENTED IN THE BORDER MASTER PLAN, THE SUPPLY CHAINS THAT WE ARE DEEPLY INVOLVED IN TEND TO BE HIGH VALUE, AUTOMOTIVE, MEDICAL EQUIPMENT AND STUFF LIKE THAT, SO IT'S REALLY, REALLY COOL. AND FINALLY ALSO PARTICIPATING IN THE -- IN THE UPCOMING I10 CORRIDOR STUDY THAT WOULD COVER THE WHOLE STATE FROM EL PASO TO BEAUMONT, MEXICO STATE LINE TO LOUISIANA STATE LINE AND EXCITED TO PARTICIPATE ON THAT AND LOOK FORWARD TO GOOD PARTNERSHIP IN THAT, SO, AGAIN, JUST WANTED TO -- TO EXPRESS THE APPRECIATION AND WE ARE ALL LOOKING FORWARD TO WORKING WITH YOU ALL SO THANK YOU VERY MUCH. >> THANK YOU, MR. CALDWELL. AT THIS TIME I WOULD LIKE TO INVITE MR. WINDEL CANNON TO COME FORWARD, STATE THE NAME FOR THE RECORD AND THE ORGANIZATION THAT YOU REPRESENT. >> GOOD MORNING, MY NAME IS WINDEL CANNON AND I WANT TO -- I WILL START OFF SINCE I ONLY HAVE 3 MINUTES, I OWN A BUSINESS ON BROADWAY, 2500 BROADWAY, FAMILY DOLLAR STORE. REGARDLESS OF BROADWAY CORRIDOR THERE'S THE SAYING YOU CAN'T FIX STUPID AND YOU GRADUATE 27TH DID JUST THAT, THANK YOU, MR. BUGG, MARC WILLIAMS AND THE REST OF THE BOARD. YOU SAVED A VITAL CORRIDOR OF INGRESS AND DIGRESS IN SAN ANTONIO. MATH IS OBVIOUS. FOUR LANES DIVIDED BY SIX LANES ONE-THIRD REDUCTION IN TRAFFIC POTENTIAL AND I BELIEVE CRIMES WERE COMMITTED FROM BUSINESS CORRIDOR TO ON OLDERS AS TO THE CITY'S AUTHORITY TO CREATE THE CORRIDOR. THE CITY HAD A FIDUCIARY RESPONSIBILITY TO FULLY INFORM THE STATE ALL STATE HOLDERS OF THE TXDOT THAT TXDOT HELD FINAL AUTHORITY. I KNEW NOTHING ABOUT THIS. I GREW UP -- I WAS BORN IN AMARILLO AND GREW UP IN SAN MARINO, TEXAS, I'VE BEEN PART OF THE TEXAS COMMUNITY FOR A VERY LONG TIME. 80 YEARS. I WENT TO TEXAS A&M COLLEGE. THERE WAS NO SILVER SPOON FOR ME. I WAS A COFOUNDER AND BOARD MEMBER OF THE BUSINESS BANK IN TEXAS IN AUSTIN ON BREAKER LANE AND FROM 2007 TO JUNE 2021. I OWN THE BUILDING AT 25500 BROADWAY SINCE 2004, I SOLD PROPERTY UNDER DURESS ON JANUARY 27TH, 2022. THIS PROPERTY WAS SOLD AS DIRECT RESULT OF THE GROSS INTERFERENCE BY THE CITY OF SAN ANTONIO THREATENING THE FUTURE OF A CONTINUING LEASE WITH FAMILY DOLLAR AND EVALUATION OF THE BUILDING BY THE TAKING OF HALF THE PARKING OF THE BROADWAY CORRIDOR. THIS WAS A 12,000 SQUARE FOOT BUILDING LEFT WITH TEN PARKING SPACES HAD THE CITY PREVAILED WITH THEIR PLAN. THE LACK OF COMMUNICATION FROM THE CITY LED MY ATTORNEY VARGAS, WELL RESPECTED AND I TO BELIEVE THAT IT WAS THE ONLY WAY TO POTENTIALLY BRING THEM TO THE TABLE FOR SOME SORT OF AGREEMENT. IN SEPTEMBER ENTERED BIDS WITH OFFER THAT WAS CLOSE TO FAIR PRICE. EVEN THE BUYER TOOK ADVANTAGE OF THE SITUATION AND NEGOTIATED THE PRICE DOWN BY 150,000 BECAUSE OF THE PENDING LAWSUIT THAT WOULD HAVE BEEN ONGOING WITH THE CITY OF SAN ANTONIO. USING THE -- I DID NOT WANT TO CONTINUE THE FIGHT INTO MY 80's. HAD -- HAD MY ATTORNEY OR I KNOWN THERE WAS A POTENTIAL THAT THE CITY COULD HAVE -- COULD BE OVERRULED BY TXDOT I WOULD HAVE NEVER MADE THAT DECISION. WE MADE MANY ATTEMPTS TO TALK TO THE CITY REPPING AND WERE STONEWALLED. NOW WE KNOW WHY. AN INVOICE FOR $737,364 AND 64 CENTS IS IN YOUR PACKET FOR DAMAGES TO ME BY THE CITY OF SAN ANTONIO AND THE ACCOMPANIED DOCUMENTS BACK THAT UP. THERE'S A LEVEL OF CORRUPTION THAT NEEDS INVESTIGATION AND AS A FORMER BOARD MEMBER MR. BUGG UNDERSTANDS THIS. THE RESPONSIBILITY TO APPLY ABSOLUTE TRANSPARENCY. ALL I WANTED WAS JUSTICE. PLEASE READ THE PACKET PROVIDED AND MAKE YOUR OWN DECISION. I DO NOT BELIEVE I AM THE VICTIM OF FAIR PLAY. YOU ALL DID A GREAT JOB. APPRECIATE IT AND I'VE LIVED IN BROADWAY OR WORKED IN BROADWAY CORRIDOR FOR 40 YEARS. I KNOW THAT STREET. NEED ME AS A SERVICE THERE'S A LOT OF WAYS THAT THE CITY COULD RESOLVE THAT ISSUE. >> THANK YOU, MR. CANNON. YOUR TIME HAS EXPIRED. >> I KNOW. >> APPRECIATE YOUR COMMENTS. >> I CAN KEEP TALKING. THANK YOU. >> THANK YOU, MR. CANNON. I APPRECIATE THAT. AT THIS TIME, I WOULD LIKE TO INVITE DON DIXON TO PLEASE COME FORWARD, STATE YOUR NAME FOR THE RECORD AND THE ORGANIZATION THAT YOU REPRESENT. >> GOOD MORNING, I'M DON DIXON AND REPRESENTING MYSELF. FIVE STAR ACCOLADES TO THE DEPARTMENT OF TRANSPORTATION FOR IMPROVING HIGHWAY 21. IT'S UNDER CONSTRUCTION RIGHT NOW. BETWEEN SAN MARCOS AND BASTROP, VERY DANGEROUS ROAD, TREMENDOUSLY USED BY THE PUBLIC, THOUSANDS OF CARS TO DATE. NOW YOU'RE ADDING APRONS THAT LOOKS LIKE 18 INCHES ON EACH SIDE. SOME TURNING LANES AND SOME PASSING LANES. VERY MUCH APPRECIATE IT. THERE'S MORE WORK TO BE DONE. THAT'S A HEAVILY TRAVELED CORRIDOR. WE WOULD URGE YOU TO MAKE THAT A FOUR-LANE DIVIDED HIGHWAY WITH OVERPASSES, 535, WE ARE AT 535, IT'S JUST A DISASTER. ACCIDENTS WAITING TO HAPPEN AND HAS HAPPENED. USING THE TAXPAYER MONEY IS DISCRETION AND YOUR RESPONSIBILITY BUT ONE THING I'D LIKE TO SEE IS LOOK AT IS SAVING SOME MONEY. WE SPENT MILLIONS OF DOLLARS ON ON MITCHELL DRIVE AND 60 AT THE AIRPORT INTERSECTION IN COLLEGE STATION. THERE WAS A FREE-FLOWING OVERPASS THERE OVER 70 YEARS FOR THE PEOPLE THAT USED IT TREMENDOUSLY. THEN THEY PUT IN FOUR RED LIGHTS AND CRISSCROSS. SLOWS DOWN TRAFFIC, IMPEDES MOVEMENT OF TRAFFIC AND HAS HAD -- SO IN TERMS OF USING TAXPAYER MONEY PROPERLY YOU NEED TO TAKE THOSE THINGS BACK OUT AND MAKE IT LIKE IT WAS AND THEY COULD HAVE PUT THE OLD-FASHION TURNAROUNDS THERE TO GET ACCESS BACK AND FORTH BUT THEY DIDN'T DO THAT. THEY DID A COMPLICATED THING. ANOTHER THING THAT'S HURT SAN ANTONIO -- HAS HURT SAN ANTONIO AND I BELIEVE OTHER CITIES WHERE YOU PUT THE HOV LANES. HOV LANES ON I10 AND 281 ARE NOT UTILIZED. I'VE COUNTED THE CARS. ABOUT 2% OF THE CARS TRAVELING FROM THOSE -- ON THOSE HOV LANES QUALIFY. SO IT'S JUST A WASTE OF MONEY. TRAFFIC MOVES A LOT BETTER IF YOU OPEN UP ALL OF THOSE LANES, TAKE THAT LANE NOW AND SOMETIMES PEOPLE ARE JUST CHEATING. THEY ARE SUPPOSED TO BE TWO PEOPLE AND THEY RUN DOWN THERE, ONE PEOPLE ALL OF THE TIME. I SEE THEM ALL OF THE TIME AND THEY USE IT AS A SPEEDWAY SO TAKE THOSE HOV LANES, SAVE MONEY FOR THE TAXPAYER AND WE WILL MOVE TRAFFIC BETTER AND IT'S -- IT'S A BIG PROBLEM. I DON'T KNOW HOW THE THINGS GET PASSED. I MEAN, Y'ALL SHOULD BE LOOKING AT THESE REALLY CAREFULLY. NOT GOOD USE OF TAXPAYER MONEY. THANK YOU, APPRECIATE YOUR CHANCE TO TALK TO YOU. >> THANK YOU, MR. DIXON. AT THIS TIME I WOULD LIKE TO INVITE MR. WAYNE TINKLER. PLEASE COME UP AND STATE YOUR NAME FOR THE RECORD AND THE ORGANIZATION THAT YOU REPRESENT. >> MY NAME IS WAYNE TINKLER, I REPRESENT CITIZENS IN IMPERIAL SCHOOL DISTRICT. WE WERE COMING UP HERE WONDERING. Y'ALL LIKE TO SEE OUR BRIGHT AND SHINING FACES, WE ARE BACK. WE WILL BE BACK IN EVERY MINUTE UNTIL SOMETHING GETS DONE. LAST MEETING I PICKED ON COMMISSIONER NEW AND HE READ OUT OF A BOOK CALLED OUT OF A MUD AND THIS TIME COMMISSIONER RYAN, YOU SHOWED A VIDEO ABOUT IMPROVING DEATHS ON TEXAS HIGHWAYS. TODAY WHAT AM I PERSONAL ABOUT? I'M PERSONAL ABOUT WATER QUALITY. I'M PERSONAL ABOUT ENVIRONMENTAL IMPACTS, THE EXISTINGS OF COMMUNITIES, THINGS OF THAT NATURE. THE MESS THAT Y'ALL CREATED IN IMPERIAL WHEN YOU PLUGGED THAT WELL, IT'S CREATING WATER QUALITIES. THERE'S SCHOOL THERE IN IMPERIAL ISD, THEY WILL TRY TO PASS 62 MILLION-DOLLAR BOND TO BUILD A NEW SCHOOL. YOU CAN PASS ALL THE BONDS YOU WANT THAT'S NOT GOING TO BE THERE. THEY CAN'T HARDLY WATER THEIR FIELD BECAUSE OF SALT CONTENT WITHIN THAT FRESH WATER ZONE. A LOT OF THAT IS DUE TO THE PLUGGING OF THAT WELL, THE INCORRECT PLUGGING OF THE WELL. I WOULD ASK, I KNOW THAT WE ARE JUST LITTLE FISH IN A BIG BOWL HERE BUT Y'ALL ARE COMMISSIONERS OF TXDOT. Y'ALL HAVE THE POWER TO PICK UP THE PHONE AND TO CALL FOLKS, CALL RAILROAD COMMISSIONERS, CALL REPRESENTATIVES AND CALL GOVERNORS AND GET HELP TO DO THIS. I ASK THAT YOU HELP US, THIS IS SOMETHING THIS I'M GOING TO BE VERY PERSONAL ABOUT. I'M GOING TO KEEP SHOWING UP. I KNOW MR. WHITE IS GOING TO SHOW UP AND WE WILL KEEP FIGHTING THIS BATTLE AND I'M NOT GOING TO SAY -- WE ARE BIG FISH IN LITTLE BOND BUT SOMETIMES THOSE LITTLE FISH DO GET THINGS DONE. THANK YOU. >> THANK YOU, MR. TINKLER AT THIS TIME I WOULD LIKE TO INVITE SKYLER WHITE STATE YOUR NAME AND THE ORGANIZATION THAT YOU REPRESENT. >> GOOD MORNING. >> GOOD MORNING. >> I'M SKYLER WHITE AND I REPRESENT MYSELF. SINCE I WRITE THE CHECKS ON MY BUSINESS, A LOT OF TIMES I HAVE SMART PEOPLE COME TO ME AND THEY WANT TO SELL STUFF TO ME AND I HAVE TO FIGURE OUT ARE THEY FEEDING ME BS OR ARE THEY REALLY TRYING TO SELL SOMETHING THAT MAKES SENSE. I READ THIS -- THIS REPORT THAT Y'ALL COMMISSION BACK IN 2018. IT'S PRETTY THICK REPORT. A LOT OF BIG WORDS IN IT BUT IF YOU READ THE THING YOU CAN PICK A LOT OUT OF IT AND I TALKED TO A FEW GEOLOGISTS ABOUT THIS ALSO. THERE'S A FEW THINGS IN THIS REPORT THAT Y'ALL MIGHT THINK ABOUT PEER REVIEWED. THEY TALK ABOUT OPEN FAULTS UNDER THAT SAG IN -- THAT'S A BUNCH OF BS BECAUSE IF THERE WERE OPEN FAULTS THE GEOLOGISTS I TALKED TO TOLD ME THERE WOULDN'T BE AN OIL FIELD AND THERE WOULD BE SINK HOLES ALL OVER THE COUNTRY. THAT'S NOT TRUE. THAT'S BS. ANOTHER THING IN THAT REPORT IS Y'ALL ARE GOING TO MOVE TO HIGHWAY 4 MILES OVER AND THERE'S 3 AREAS, 3 SAGS WHERE YOU HAVE TO MOVE THE DAG-UM HIGHWAY. THAT'S ACCORDING TO YOUR OWN REPORTS. YOU WILL KEEP MOVING THE HIGHWAYS EVERY TIME YOU GET ANOTHER SAG. ONE THING THAT YOU GOT RIGHT WHEN YOU WROTE THE RECOMMEND, PLUG IN THE WELL. THAT'S ON THE LAST PAGE OF THE REPORT. I WANT TO SAY THAT IF Y'ALL TAKE CARE OF YOUR OWN MONEY AND YOUR OWN PERSONAL BUSINESS THE WAY YOU TAKE CARE OF TXDOT MONEY YOU WOULDN'T HAVE ENOUGH MONEY TO BE SITTING IN THOSE CHAIRS. YOU NEED TO TAKE BETTER CARE OF THE STATE'S MONEY. YOU DON'T NEED TO SPEND MONEY MOVING THIS HIGHWAY. WE NEED TO SPEND MONEY PLUGGING THE WELLS. IT'S -- IT REALLY -- IT JUST REALLY IS BAD THAT Y'ALL CAN'T DO A BETTER JOB OF TAKING CARE OF THE STATE'S MONEY. YOU KNOW YOUR EXCUSE ON MESSING UP THE PLUGGING OF THE WELL, WE JUST WROTE THE CHECK. YOU KNOW WHEN I BUY A HORSE, I GO LOOK AT HIS TEETH, I GO LOOK AT HIS MOUTH AND FEET. I CHECK TO MAKE SURE THE SON OF A GUN IS SOUND AND HE WILL NOT BUG ME OFF BEFORE I WRITE THE CHECK. Y'ALL SHOULD HAVE DONE THAT BEFORE YOU WROTE THE CHECK TO PLUG THE WELL. YOU NEED TO TAKE CARE OF THE STATE'S MONEY. THANK YOU FOR YOUR TIME. >> AT THIS TIME I WOULD LIKE TO INVITE MR. CARL TEEF, PLEASE COME FORWARD AND STATE THE NAME FOR THE RECORD AND THE ORGANIZATION THAT YOU REPRESENT. >> I TOO AM FROM A SMALL TOWN IN WEST TEXAS LIKE IMPERIAL AND SOME OF THESE NOTES YOU CAN SEE ON THERE. IN 1958 Y'ALL GAVE US A ROAD BETWEEN SLACKER COUNTY AND SONORA AND IT HAS BEEN CUT IN HALF BY THE INTERSTATE 10 AND WE ARE LEFT WITH ABOUT A THOUSAND FOOT THERE AND WE HAVE BEEN TRYING SINCE 19 -- SINCE 2014, I WENT TO TXDOT IN SAN ANGELO, VERBALLY TOLD THEM WE WANT TO GET THIS CLEARED UP. FORTUNATELY THE CITY GOT THEIRS -- LET'S SEE. THEY GOT IT IN THEIR NAME. SUTTON COUNTY WAS GIVEN BUT NEVER RECORDED AS A DEED. AND I'VE BEEN TRYING SINCE THEN TO GET THEM TO HELP US GET THIS DONE. IN 2017 I WROTE A LETTER, THE DISTRICT -- I WROTE A LETTER TO MARK JONES THE DISTRICT ENGINEER AND ASKED HIM TO PLEASE SURVEY THIS AND GET IT IN OUR NAME. WE'VE BEEN MAINTAINING THIS LITTLE THOUSAND FOOT SINCE 1958. OVER 60 YEARS. AND IT BELONGS TO THE COUNTY, SUTTON COUNTY AND WE WANT A DEED TO IT. IT WAS GIVEN TO US IN 1958. IT'S JUST NEVER BEEN CLEARED UP. STEVE SMITH AND I THROUGH THE YEARS HAVE CONTACTED MANY TIMES THE WHEEL AT SAN ANGELO DISTRICT OFFICE MANY TIMES. WE MEET THEM AT OTHER TXDOT MEETINGS AND -- AND WE WANT IT CLEARED UP. WE WERE GOING TO PUT A SET OF SCALES BACK THERE TO HELP Y'ALL AND US TO WEIGH THE TRUCKS THAT ARE COMING IN FROM THE NORTH, COMING IN TO MEXICO AND COMING DOWN TO INTERSTATE 10. THEY ARE GROOVING THE ROADS. THEY ARE OVERWEIGHT AND WE NEED THIS PIECE OF PROPERTY CLEANED UP BUT WE ARE NOT GOING TO SPEND A HUNDRED THOUSAND DOLLARS TO SET A SCALE IF WE DON'T HAVE THE PROPERTY IN OUR NAME. AND I'M AT A LOSS. I WAS GIVEN MANY TIMES -- WE EVEN PLANNED A PARTY IN DECEMBER TO GET THIS DONE. THEY TOLD US, WE ARE THROUGH WITH THIS. WE HAVE SURVEYED AND DONE EVERYTHING BUT THEY HAVE NOT SHOWED UP AND GAVE US. I WAS TOLD IN JANUARY, MID-JANUARY IT'LL BE ON THE AGENDA IN FEBRUARY. IT'S NOT THERE AGAIN. AND I NEED SOME HELP. I NEED SOME GUIDANCE. WHAT CAN I DO? I'VE LEFT Y'ALL MY CARD. YOU CAN CALL ME, TEXT ME, ANYTHING. HELP ME GET THIS FINISHED. I MEAN, 8 YEARS IN APRIL. IT'S RIDICULOUS. WE NEED SOME COMMUNICATION BETWEEN THE COUNTIES AND Y'ALL. IT'S JUST RIDICULOUS FOR THIS TO HAPPEN. THANK YOU FOR YOUR TIME. >> THANK YOU. >> THANK YOU FOR DOING THE JOB THAT YOU DO. >> THANK YOU, MR. TEEF. AT THIS TIME I WOULD LIKE TO INVITE MR. COLE ROEESE TO COME FORWARD AND STATE YOUR NAME FOR THE RECORD AND THE ORGANIZATION THAT YOU REPRESENT. >> GOOD MORNING, CHAIRMAN, COMMISSIONERS. MY NAME IS COLE RUIZ. I'M HERE ON BEHALF OF MY CLIENT THE MIDDLE PICK CONSERVATION DISTRICT OUT IN PECK'S COUNTY IN EAST TEXAS. LITTLE BIT OF THE DISTRICT, IT'S A WATER GROUND DISTRICT AND THEY HAVE THE AUTHORITY, THE STATUTORY AUTHORITY AND DUTY TO PROTECT THE GROUND WATER RESOURCE OUT THERE. SO I'M HERE FOR A COUPLE OF REASONS, ONE THE FIRST THING I WANT TO SAY IS THANK YOU. I UNDERSTAND THERE'S BEEN SOME COORDINATED EFFORT TO ADDRESS SOME OF THE WELLS OUT THERE AND I'M SURE YOU'RE AWARE OF THE SINK HOLE, SOME OF OUR CONSTITUENTS HAVE BEEN UP HERE SPEAKING TO YOU REGULARLY. I UNDERSTAND, THAT IS MY FIRST TIME IN FRONT OF THE COMMISSION AND SO I WANTED TO INTRODUCE MYSELF AND SHOW THE DISTRICT'S APPRECIATION FOR THAT AND HOPEFULLY WE CAN CONTINUE THAT EFFORT. THE SECOND REASON I'M HERE IS TO RAISE MORE AWARENESS AND CONTINUE TO TRY TO GATHER SOME SUPPORT FROM ACROSS THE STATE IN PARTICULARLY SOME OF OUR STATE AGENCIES. I WAS AT THE RAILROAD COMMISSION AND I WANT TO CONTINUE THE CONVERSATION AND THE DIALOGUE AND TRY TO GET SOME RESOURCES PULLED TOGETHER TO ADDRESS A REAL MAJOR PROBLEM THAT WE HAVE OUT IN PECOS COUNTY. THERE'S HUNDREDS OF ORPHANED OIL AND GAS WELLS OUT THERE. THEY ARE THREAT TO GROUND WATER WHICH ARE WITHIN OUR JURISDICTION. WE UNDERSTAND THAT THIS -- THIS ISN'T NECESSARILY WITHIN YOUR JURISDICTION BUT WE UNDERSTAND THAT IT ALSO IMPACTS, IMPACTS YOUR WORK AND THERE'S A SIGNIFICANT ECONOMIC IMPACT TO THE STATE OF TEXAS. AND SO WHAT WE ARE TRYING TO DO IS TRY TO FIND SOLUTIONS, SOLUTION-ORIENTED. I WOULD LIKE TO START A CONVERSATION WITH YOU, YOUR STAFF, RAILROAD COMMISSION AND LEADERS ACROSS THE STATE TO TRY TO GET -- TO SHINE A LIGHT ON THIS 10-SQUARE MILE AREA ON PECOS COUNTY THAT HAS -- THAT HAS A BUNCH OF HOLES THAT'S A THREAT TO THE GROUND WATER RESOURCE OUT THERE AND ALSO IMPACTING THE GEOLOGY AND THERE'S PEOPLE WHOSE LAND IS BEING IMPACTED IN VALUE AND USE AND SO FORTH. AND SO THAT'S WHY I'M HERE TODAY, OPEN THE DOOR AND START HAVING CONVERSATIONS THAT ARE FRUITFUL AND LOOKING FORWARD TO SOME SOLUTIONS. THANK YOU. >> THANK YOU, MR. RUIZ. ARE THERE ANY OTHER COMMENT CARDS? SINCE WE HAVE NONE AT THIS TIME WE WILL RECESS TO EXECUTIVE SESSION IN ACCORDANCE WITH GOVERNMENT CODE SECTION 551071, FOR THE RECORD, THE TIME IS 10:52 A.M. [Executive Session] >> THERE WE GO. >> SORRY. >> NO WORRIES. THE COMMISSION HAS CONCLUDED EXECUTIVE SESSION AND THE MEETING OF THE TEXAS TRANSPORTATION COMMISSION HAS RECONVENED. FOR THE RECORD, THE TIME IS 11:37 A.M. BECAUSE WE HAVE ALREADY CONDUCTED THE OPEN COMMENT PORTION OF OUR MEETING ALL THE ITEMS ON TODAY'S AGENDA ARE COMPLETED. IS THERE ANY OTHER BUSINESS TO COME BEFORE THE COMMISSION? THERE BEING NONE MAY I HAVE A MOTION TO ADJOURN. THANK YOU COMMISSIONER VAUGHN. MAY I HAVE A SECOND? >> SECOND. >> THANK YOU COMMISSIONER NEW. ALL IN FAVOR PLEASE SAY AYE? ANY OPPOSE IN MOTION PASSES, WE STAND ADJOURNED.