Posts filed under 'News'
May 28th, 2008
| May 29, 2008 |
| 7:00 pm | to | 9:00 pm |
Date: Thursday, May 29
Time: 7:00 PM
Place: ACC Pinnacle Campus, 10th Floor Conference Room
Dear Friend of Fix290,
What’s happening on Hwy 290? After the CAMPO Board voted to fund the highway as a toll road last October, TxDOT announced a $1.1 billion shortfall in construction funds due to an “accounting error.” Nevertheless, they turned all toll projects over to the CTRMA for financing.
Does this mean that the parkway idea is lost? Not unless we let them forget about us.
We won’t let them forget! Please mark the evening of Thurs., May 29, on your calendar now! Come to a meeting for Fix290 activists at the ACC Pinnacle and hear how land use, transportation, and finance issues are all coming together. Find out how YOU can help us prevail with a highway that truly saves and serves Oak Hill.
See you all there!
March 27th, 2008
From The Oak Hill Gazette
Ann Fowler 21.MAR.08
OAK HILL - TxDOT has been hiding information it knew would lead to major delays in completion of the Hwy. 290 project, say members of Fix290 and the Save Our Springs Alliance.
At community forum meetings last summer, TxDOT claimed that the Fix290 parkway proposal would require a new environmental impact study while their design would not. Now it appears TxDOT knew all along that all of the options they were presenting needed an additional environmental impact study.
The Federal Highway Administration (FHWA) had requested that the Texas Department of Transportation (TxDOT) complete a Supplement to the Final Environmental Impact Statement (FEIS) in part because of the controversy over the project and in part because the original document is 20 years old.
In all likelihood, this means a major delay of at least two years in the completion of the Hwy. 290 project at the “Y” in Oak Hill.
The November 30, 2007 letter from FHWA District Engineer Salvador Deocampo, said, “Currently, on the west side of the project from FM 1826 to Williamson Creek, TxDOT has been working on a reevaluation of the project. The reevaluation was commenced to address changes in design which include consideration of additional alternatives including a reduction in the overall footprint of the segment and to toll the mainlanes. This reevaluation would also assess environmental issues such as endangered species, Mobile Source Air Toxics, noise impacts, etc., not previously studied in the original EIS and approved in the 1988 ROD [Record of Decision]. The project has generated some controversy as is expressed in public statements by the Fix290 neighborhood group, the Save Our Springs Alliance (SOSA) environmental group and several anti-tolling groups.”
The letter was discovered by SOSA when officials made a Freedom of Information request. Andrew Hawkins, staff attorney for SOSA, told the Gazette, “Yes, we (SOSA) sent a FOIA request to FHWA and turned up this letter. Public information laws are a crucial part of the democratic process, as they give people a way to hold our government accountable for its actions, all the more important to take note of during this Sunshine Week. But certainly it should not take a FOIA request to FHWA to find out what’s going with the TxDOT’s schedule and plans for the 290 project.”
March 16-22 is Sunshine Week, a campaign by the media to push for an open and accountable government.
TxDOT did not respond to a request about whether the requested SEIS will delay the project. Said Hawkins, “When TxDOT presented the matrix of new alternatives last year, they estimated 48 months for an SEIS. They have some amount of time allotted in the current schedule for reevaluation that could be used for the SEIS, but we’re still looking at a substantial delay.”
Steve Beers, a member of the Fix290 Coalition that wanted a parkway instead of a multi-level roadway, told the Gazette, “In the mediation sessions [last summer to encourage Oak Hill groups to pick the best design for 290], TxDOT claimed a SEIS for their so-called “parkway” ” Option 5 ” would take 48 months. Since I think they were exaggerating then in order to push their tolled and elevated plan, I think the true reality is closer to one or two years. But who knows? It probably depends on their funding, and the reluctance with which they approach the work. If they drag their feet, or produce biased studies, there may be further delays and possibly even legal trouble.”
Carol Cespedes, spokesperson for Fix290, told the Gazette, “Last summer TxDOT made the claim that the Fix290 parkway proposal would require a new EIS while their design would not. I wonder how much longer people will believe TxDOT’s statements when they are not only mistaken, but try to conceal their mistakes from the public.”
She added, “The highway cannot go to construction without the SEIS, and, as I understand it, the SEIS may take two years. At very least this creates major delay. We wonder how they can be confident about securing private financing when they haven’t finished the environmental impact study. Don’t they need to disclose this detail before bonds are issued?”
Added Bruce Melton, a professional civil engineer who lives in Oak Hill, “This issue is extremely important in that TxDOT has not informed the public of this delay in the project. By not publicly disclosing this delay, in effect, they have kept the FHWA letter hidden.”
Cespedes agreed, saying, “Last summer TxDOT argued that their designs were easier to permit than the Fix290 parkway and claimed they would not need an SEIS. Now we see that TxDOT has known about the SEIS requirement since November, but utterly failed to inform the public or the regional transportation agency, CAMPO [Capital Area Metropolitan Planning Organization], of this new source of project cost and delay. They kept it hidden even while they prepared to borrow money from Wall Street based on tolling 290.”
Said Hawkins of TxDOT”s failure to release the letter to the public earlier, “It is bad planning on the part of TxDOT, and runs counter to NEPA’s [National Environmental Policy Act] spirit of ongoing, open coordination with the public and governmental entities such as CAMPO. Everyone wants 290 fixed sooner rather than later ” it is hard to see how this will happen in light of TxDOT’s persistent inability to play it straight with the public and CAMPO.”
Cespedes added, “If TxDOT were open and honest with the taxpayers and their elected representatives, they would have disclosed this last year ” but of course they were busy at that time, explaining what happened to that missing $1 billion.”
TxDOT officials admitted to legislators earlier this year that they had substantially less money to spend than anticipated because they had mistakenly counted $1.1 in revenue twice.
Cespedes likened this latest 290 setback to the October 2006 rejection of TxDOT”s Nationwide Permit application for 290 by the Army Corps of Engineers. She said, “There is a d”j”-vu. TxDOT would no doubt have preferred to keep the Nationwide Permit rejection quiet, but it was announced to the CAMPO Board during citizens” comments. TxDOT tried to insist that it really made no difference, but they spent six or seven months redesigning. This is a much more major delay.”
Melton pointed out that in a July 2007 matrix TxDOT handed out at public meetings the EIS reevaluation planned for Option 4 would be 26 months. He said, “TxDOT’s project schedule shows that they are currently in the process of reevaluation of the EIS. TxDOT’s reevaluation was scheduled to be complete about this time next year. Supplementation takes 1-1/2 to 2 years as per Mike Leary of the FHWA Austin Office. The current schedule has one year remaining for EIS reevaluation, so the additional factual delay to the project is 6 months to a year if TxDOT is diligent in their pursuit of the Supplementation. They received this notice from FHWA in November. As of last week, TxDOT still had not issued their FHWA required Notice of Intent (NOI) to perform the SEIS that takes 1-1/2 to 2 years to complete.”
Melton pointed out that the FHWA is asking for an EIS supplementation, which is like a new EIS but is not actually a new EIS. He explained, “FHWA requires for an EIS to be revised for three reasons. If the project boundary changes, if more than two years ” that’s 2 years, not 20 ” elapse since the EIS was approved, or if conditions on the site change enough to warrant reanalyzes. Depending on the depth of the changes, EIS reevaluation could be required. Reevaluation is like a mini supplementation.”
The FHWA letter also stated, “In recent discussions without our office, we considered the issues involved in this project and the areas needing to be addressed in any update to the FEIS. The areas needing more study and consideration include the significant changes in land use (from those anticipated in 1988), air quality issues related to Mobile Source Air Toxics, the change in design to construct and operate a toll facility and continuing controversy on noise issues.”
Melton conducted a noise study last year that concluded, “Using conservative estimates, Oak Hill can easily expect to experience large increases in ambient noise levels due to the planned US 290/ SH 71 project.”
Asked if the FHWA was referring to his noise report, Melton replied, “I would hope that they read my noise report, but in the same breath, I would hope that the analysis of the FHWA, with all of the subjects that needed official review for this project that was approved of two decades ago in 1988, was prompted and wholly dependent upon the diligence of the FHWA to get the job done according to the rules.”
Melton said he did not believe anything suspicious should be read into the FHWA”s request coming after the CAMPO vote to toll 290. “Just a coincidence of timing, I think,” he said.
Said Hawkins, “I’m not sure if the result would have been different, but I definitely think this information would have had an impact. If CAMPO had been aware that TxDOT’s switch from what was considered in the 1988 EIS to an elevated, tollway design would cause a significant delay, they might have been more willing to endorse quicker, less expensive options such as Fix290’s parkway.”
Beers believes the outcome may well have been different had need for an SEIS been known. He said, “I think the TIP [Transportation Improvement Program] vote outcome would have been different w/ CAMPO and Chairman Watson able to see this information. For one thing, since tolling is one of the new conditions to be studied, presumably CAMPO would not have voted to toll 290. It would have been premature to vote to toll US 290 before the studies were completed. For another, the SEIS puts the TxDOT design on somewhat of a level playing field with a parkway design as far as schedule goes ” I believe they both must now be studied for their pros and cons.”
Beers added, “I recall that CAMPO asked TxDOT to study a parkway way back in October of 2006. Now they will have to do this anyway, so why did they drag their feet, waste all our time, and resist so long? They put us in the position of having to come up with detailed blueprints in order to be considered by CAMPO, and that was something a citizens’ group was not in a position to do ” that is, do their job for them.”
Locals believe the parkway plan may still be on the table. Said Melton, “Fix290 will continue to work with the FHWA to assure that the issues in Oak Hill seen by TxDOT as controversial are addressed in the new EIS. We have a wonderful amount of support for the parkway concept in the community. Not only can we meet future CAMPO traffic estimates, but our design concepts are much, much cheaper to build. Our cost estimate, performed by the transportation consultant that did the design analysis for Envision Central Texas, came in at less than $80 million, at the same time that TxDOT’s estimate was climbing above $400 million. Technology today can toll virtually anything with a little black box so, if we absolutely have to, we can continue to fund, build and maintain roads exactly the same as TxDOT with their 12-lane elevated superhighway through the heart of our community. And we get to keep the heart of our community instead of having it paved over with an elevated superhighway like Hwy 183 between Mopac and I35 with a 5-story interchange at the “Y.” Our parkway concept is not like the Southwest Parkway, we use the textbook definition of a parkway which is exactly like Mopac where it has no frontage roads.”
Agreed Cespedes, “We still believe that Highway 290 West could be built more quickly at less cost if TxDOT would rethink the requirement for an elevated six-lane toll road with an equal number of frontage lanes. We have already demonstrated that a parkway has capacity to move traffic through the year 2030 and is also better for neighborhoods and the natural environment. We will continue to remind TxDOT, CAMPO and the CTRMA, believing that someday they will have to take a look at reality ” and change their plans!”
Local activists believe membership in grassroots organizations like Fix290 is worthwhile because they can make a difference. Said Melton, “It’s always worthwhile for citizens to be active in their community, in some cases ” very worthwhile. I don’t really think it’s “Big Government” that’s the problem here. I think it’s “Out-of-control-nobody-accountable Government.” We don’t need all of this extra expense and complication to make our highways work. The vast majority of the country creates transportation systems without access roads, why should we be different and destroy our community?”
Added Hawkins, “The spirit and letter of the National Environmental Policy Act (NEPA) make public involvement a crucial part of the government’s decision-making process. The community should always voice its concerns and preferences to make sure that decision-makers take the required “hard look” at the environmental consequences of their actions. Having said that, I think public controversy is a minor reason among the deeper flaws mentioned in the letter, and such controversy would not have caused a SEIS by itself. The most significant reason, in my mind, is TxDOT’s pursual of an elevated tollway design, which was clearly not considered in the 1988 EIS.”
Beers added, “I think it is always worthwhile for the affected public to speak up and have their voices heard. In the case of the federal highway noise statutes, there is a duty not just to study future noise impacts from the project, and the various options to abate it ” including narrower and less elevated designs ” there is also an affirmative duty to take measures to limit or ‘abate’ the noise.
“For instance, if a new noise study shows that sound walls would be cost-effective to prevent damages to property values and health, they must build them. Conversely, if the road gets built without these noise abatement measures added before the road gets finished, then TxDOT is not under any obligation to add those measures later on, and their present policy is not to do so for already existing roads.
“Neighborhoods along MoPac in West Austin have waited more than 30 years for promised sound walls. There is also a duty under this federal noise law to hold hearings and consult with the affected residents and local officials, which TxDOT has not done.
“I hope that TxDOT does seriously consider a parkway plan. I believe they have a duty under federal law to consider non-tolled and non-elevated options with less community impact on neighborhoods and the environment. Fix 290 does not oppose all tolling necessarily. We have said tolling a managed lane in the middle might be okay as long as most of the other freeway lanes stay free. A managed lane is a carpool lane that allows some tolled single occupant vehicle traffic. But tolling all the main lanes as TxDOT wants to do means under state law you must supply free frontage roads which makes the whole profile twelve lanes wide ” causing all the problems with Williamson Creek, the oaks, etc. Call that a “parkway” or not, those elements are overdue for a real examination and real alternatives. I hope they use this delay productively, rather than frittering away the time w/ yet more manipulative game playing.”
September 22nd, 2007
From The Oak Hill Gazette
Ann Fowler 03.AUG.07
The original goal for the 290/71 Summit envisioned four Oak Hill groups reaching a consensus for a design for Highways 290 and 71. However, as Capital Area Metropolitan Planning Organziation�s (CAMPO) August 3 deadline approached, it became clear that a final consensus would not be reached in time. The mediators at the UT Center for Public Policy Dispute Resolution said in order to meet the deadline, they would not extend the process beyond the July 28 meeting.
Two representatives from each group (Fix290, Oak Hill Association of Neighborhoods [OHAN], Oak Hill Business and Professional Association [OHBPA] and Consensus 290) have been meeting for five weeks to reach a consensus for a roadway design � much in the way a jury reaches a verdict. The idea was to have all agree on a single design. But when members of Fix290 indicated more time was needed and those paying for the mediation balked, it was time to pull the plug.
Read the full article >>
September 21st, 2007
A recent telephone poll conducted by Opinion Analysts, Inc of Austin shows that 82% of the residents in Southwest Austin prefer a Parkway over TxDOT’s elevated plan.
August 7th, 2007
The Texas Department of Transportation plans to build an elevated six-lane roadway through Oak Hill, but neighbors have a simpler plan in mind.
Click here to read and watch the video >>
July 17th, 2007
A new report by independent transportation experts shows that the Fix 290 Coalition’s parkway proposal for Highway 290 West in Oak Hill would be tens of millions of dollars less expensive than the elevated toll lanes proposed by TxDOT.
Click here to download the report >> [420k PDF]
The report, by Smart Mobility, Inc., shows that the Fix 290 parkway proposal would cost about half as much as TxDOT’s latest designs.
TxDOT’s plans show construction costs for U.S. Highway 290 West ranging from $121 million to $156 million. Fix 290’s parkway proposal would cost $77 million, according to the new report by Smart Mobility, Inc.
“We now have real numbers showing that a grade-level parkway will be much cheaper to build than TxDOT’s six elevated highway lanes,” says Carol Cespedes, spokesperson for the Fix 290 Coalition. “The parkway we propose is less expensive, less noisy for neighbors, and less damaging to Williamson Creek. We can save the oaks that give Oak Hill its name and save tax dollars at the same time with the Fix 290 parkway.”
Whether Oak Hill will be stuck with TxDOT’s proposed elevated toll roads or the community alternative of a grade-level parkway will be up to CAMPO. CAMPO is the body of local elected officials that determines how to spend federal transportation funds.
Last week, the Fix 290 Coalition released a report concluding that TxDOT’s elevated highway scheme would result in noise levels similar to those at the end of an airport runway.
Now, Fix 290 Coalition is demonstrating that TxDOT’s noisy proposal is also more costly, by tens if not hundreds of millions of dollars. Smart Mobility, Inc., also concluded that the Fix 290 parkway can handle expected increases in traffic volumes on Highway 290 West. TxDOT’s plans have drawn the ire of neighborhoods, businesses, and environmental groups. Over 2,300 people have signed a petition supporting the Fix 290 parkway at www.Fix290.org.
July 17th, 2007
AUSTIN — The group “Fix 290 of Oak Hill” says it has a plan for expanding Highway 290 that is much cheaper than the plan proposed by the Texas Department of Transportation. That plan calls for an elevated toll lane that could be $150 million dollars more than “Fix 290’s” plan.
Click here to watch the video >>
July 7th, 2007
Click here to listen to the show >>>
Now that the Texas Legislature has gone away, CAMPO and TxDOT are moving forward with their transportation plans, and it seems there is much focus around the Oak Hill area in the Southwest part of Travis County.
As head of CAMPO, Senator Kirk Watson has mandated various organizations of the Oak Hill area to come together in a “mediation” moderated by a University of Texas policy group to help determine the transportation options. This process, though promising and novel, also points out the challenges that we as a community face in actually building legitimate community dialogue.
According to attorney and neighborhood activist, Tim Mahoney, “It’s kind of like making sausage without knowing where the meat came from or where the sausage is going. Too often, such community building processes are too little too late, without the conscious intention of building better and more serious decision-making opportunities. With the CAMPO mediation process only a couple of week’s old, it may be burdened by its goal of getting to ‘Yes!’”
Join moderator Tim Mahoney and guests from local organizations of the Oak Hill Y to discuss what is moving forward and what is not on Wednesday, July 4, 12 - 1pm on KOOP radio 91.7FM.
April 26th, 2007
April 16, San Marcos—The Hays County Commissioner Court unanimously voted to pass a resolution that supports the efforts of the Fix 290 Coalition for a grade level parkway alternative to TXDoT’s vision of an elevated tollway through the middle of Oak Hill.
290 West is the main entrance into Austin for a great many Hays County residents, and the Hays County Commissioner’s Court wanted to support the efforts of the citizen group Fix 290.
Three weeks ago, a group of Fix 290 members gave a presentation to the Hays County Commissioner’s Court. Kathi Thomas, Carol Cespedes, Elizabeth Seiler and Steve Beers traveled to San Marcos to give the presentation and answer questions from the Court.
The resolution was put forth by Commissioner Karen Ford, whose precinct comes closest to the construction area, but the entire court supported the resolution.
Carol Cespedes said “We are thrilled to have the support of the Hays County Commissioner’s Court and hope that this will remind CAMPO and TxDOT that the parkway study voted by CAMPO in October must be completed quickly and in a fair and thorough way.¨
text version:
A RESOLUTION OF HAYS COUNTY
COMMISSIONERS COURT
WHEREAS, a well-constructed and well-designed road improves mobility, improves commercial activity and increases property values; and
WHEREAS, in the National Highway System Act of 1995, Congress directed that designs for new and reconstructed highways take into account: (1) the constructed environment of the area; (2) the natural environment of the area; (3) the aesthetic impact of the road construction, and (4) the community impact of the road construction; and
WHEREAS, the Texas Department of Transportation (TxDOT) expansion plans for U.S. Highway 290 West from Joe Tanner Lane to Scenic Brook Drive in Travis, County, TX have been on the drawing board since the early 1980’s; and
WHEREAS, TxDOT’s current plan will expand the existing four-lane highway to an elevated toll way, including a stacked flyover at the intersection of Hwy 290 West and Hwy 71 with a minimum elevation of 50 feet; and
WHEREAS, the construction of a project with so much elevation will necessarily generate dust, noise, pollution and traffic delays for the duration of the construction phase; and
WHEREAS, the choices for through traffic will be to pay tolls or to exit off to local grade-level roads also shared by the Oak Hill neighborhood and area businesses thus increasing the likelihood of increased congestion and time delays; and
WHEREAS, many citizens of northern Hays County frequently travel daily through the intersection at Hwy 290 and Hwy 71 on their way to work and for business in Austin, TX and will be required to pay tolls or to face congestion along grade lanes and local streets; and
WHEREAS, the Capitol Area Metropolitan Planning Organization in October 2006 unanimously directed TxDOT and CAMPO staff to study a grade-level parkway alternative for 290W rather than the six elevated lanes and six frontage road lanes now planned; and
WHEREAS, the Fix290 Coalition, an alliance of neighborhood associations, nonprofit groups, businesses and individuals in the Oak Hill and northern Hays County areas have been actively working to develop a viable alternative to the elevated toll road plan; and
WHEREAS, an alternative proposal by the Fix290 Coalition maintains the road at grade level, eliminates the three-level flyover at the “Y”, could reduces overall project cost and time to build, enhances business access, reduces impervious cover, increases connectivity, enhances the landscape, and eliminates tolls while also reducing congestion, expands capacity and maintains the flexibility to expand to meet future needs.
NOW THEREFORE, BE IT RESOLVED THAT the Hays County Commissioners Court does support the efforts of citizens in seeking a context sensitive solution for mobility improvements at Hwy 290 and Hwy 71 and requests CAMPO and TxDOT to give serious consideration to the grade-level parkway alternative.
ADOPTED THIS THE 17th DAY OF APRIL 2007.
_x________________________________
Elizabeth Sumter, Hays County Judge
_x________________________________
Debbie Gonzales Ingalsbe
Commissioner Precinct 1
_x________________________________
Jefferson W. Barton
Commissioner Precinct 2
_x________________________________
Will Conley
Commissioner Precinct 3
_x________________________________
Karen Ford
Commissioner Precinct 4
ATTEST:
_x________________________________
Linda C. Fritsche, County Clerk
April 11th, 2007
On April 5 Fix290 hosted a public forum on Highway 290 with Commissioner Gerald Daugherty as the featured speaker. The turnout was impressive, especially for the Thursday before Easter.� We confounded expectations for a small grassroots organization by packing the room!� We counted more than sixty people in an audience that included State Representative Valinda Bolton, Travis County Commissioner Sarah Eckhardt, Precinct 3 Justice of the Peace Susan Steeg, Precinct 3 Constable Richard McCain, and Joe Morris, aide to State Senator Jeff Wentworth. All were there to hear the Commissioner state his position on the Hwy290/71 West project and answer questions about the long-anticipated improvement of the highway through western Oak Hill.
Fix290 had publicized the Forum widely and we expected a roomful of diverse opinions.� Diversity was there, but there was no conflict, no confrontation between hardcore developers and hardcore environmentalists. What emerged from the audience was a series of serious questions on many aspects of the transportation dilemma.
Yet the audience heard little new from the Commissioner. Daugherty said what we have heard him say before, which boils down to - he’ll buy any road that TxDOT will build.� He does not want to exercise any control over TxDOT -� but he seemed to present himself as something of a gatekeeper. He said that we could all talk to TxDOT and he would actually help us get meetings with them. Let us presume he means with top level decision makers (Bob Daigh) rather than community relations people with no authority. Contrary to what the Daugherty stated, Fix290 has not been able to schedule serious meetings with TxDOT.
Fix290 leaders were shocked that the Commissioner did not seem to remember the October vote of the CAMPO Board ordering TxDOT to prepare a study of the parkway compared to their design. The Commissioner seems to be in close communication with TxDOT. Does this mean that TxDOT is just hoping we will all forget about it?
The overall picture may have looked discouraging to Oak Hillians impatient to have their highway finished.� Bruce Melton reviewed the reason for the environmental delays (four permitting hurdles that must be passed by TxDOT’s new design.) Now it looks like there are delays on top of delays. Environmental delays. Financial shortages. And a probable Toll Moratorium bill (which the Governor will probably veto).
What we still don’t understand is “Why not the parkway?”� It has less impact than the TxDOT design and would pass the environmental permitting much more easily.� It will cost less - perhaps 50% less - than the TxDOT design. And if it doesn’t include toll lanes, it won’t be included in the toll moratorium. So what’s the problem? We are still waiting for that answer.
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