Wednesday, May 16, 2007

HILLCO THREAT LETTER EMAILS

Date: Tue, 15 May 2007 11:15:32 -0700 (PDT)
From: sal costello
Subject: Re: May 9, 2007 "blog publication"
To: Jill McClure
CC: salcostello@yahoo.com

May 15, 2007

J. Hampton Skeleton
Skelton & Woody Attorneys
www.SkeltonWoody.com
HillCo Partners Representatives

Dear J. Hampton Skeleton,

I endeavor to be 100% accurate with my Muckraker blog publication.

Please explain exactly and precisely all current and past relationships between HillCo and Melinda Wheatley (the most wanted lobbyist in the state of Texas according to the Texas Ethics Commission website), so that I may accurately convey that information to my readers.

While you deny that Wheatley is "employed" by or "affiliated" with HillCo, you do not deny that Wheatley works for HillCo, perhaps under contract, or as a subcontractor. Do you wish to deny that?

Also, are you willing to send me a copy of Hillco’s entire check ledger for the last year? Or perhaps you might select to identify every person and every firm working with HIllCo Partners?

Thank You,
Sal Costello
Blogger for “The Muckraker”
Sal@TexasTollParty.com

---------------

From: "Hamp Skelton"
To:
Subject: FW: response to your e-mail of earlier today
Date: Tue, 15 May 2007 18:13:18 -0500

Dear Mr. Costello:

I am writing in response to your email of today, May 15, 2007. Please go back and reread my May 14 letter. A copy is attached for your convenience. I quoted the language in your erroneous blog and denied every word of it relating to HillCo Partners. I unequivocally denied any affiliation between Ms. Wheatley and Hillco Partners. I did not use the words "under contract or subcontract" because you did not use them in your blog, but my letter was unambiguous in denying a broader range of affiliations which would necessarily include "under contract or subcontract." At the risk of indulging what appears to be deliberate gamesmanship on your part, I will specifically answer the new accusation you make in your email of earlier today: Ms. Wheatley has no current relationship and has had no past relationship with HillCo Partners that lend even the most slender reed of credence to your May 9 post. She has never worked for HillCo Partners in any capacity, including under contract or as a subcontractor. I mean this to be an unequivocal denial of any relationship and mean it in the broadest possible sense.

Taking you at your word that you strive for 100% accuracy in your blog, may I assume you will immediately post a clarification and an apology to HillCo Partners, making it clear your entry of May 9, 2007 concerning Hillco Partners was erroneous in every respect? I would appreciate an answer this evening or by 9 AM on May 16 at the latest.

You initiated this dispute by writing and widely disseminating false information that defames my client. My client has pointed out the errors to you in a professional manner and offered you an opportunity to correct the situation without incurring legal fees or the inconvenience associated with litigation. So far, you have failed to correct the misinformation. Nothing about this sequence of events calls for Hillco Partners, the victim of your wrongful conduct, to open up its confidential internal records to you, or anyone else. Accordingly, HillCo Partners declines to show you its proprietary information. If it is your position that you will not correct the defamatory remarks made in your May 9 blog without examining HillCo Partners' confidential and proprietary financial information, then I will have no other choice but to proceed with appropriate legal action.

You or your attorney should feel free to contact me at 651-7000 or 461-6112 at any time if you require any further clarification.

Sincerely,

Hamp Skelton
(512) 651- 7000 office
(512) 461-6112 cell

Monday, May 14, 2007

Congressman Lampson's powerful statement from Friday's hearing

Congressman Nick Lampson:
Secretary Peters, I would like to raise an issue that is very contentious in Texas at the moment, and that is whether Texas elected officials can proceed to make policy decisions without interference from the Federal Highway Administration.

Let me refer to a letter dated April 25, 2007 from the Chief Counsel of FHWA ostensibly in response to inquiries from Texas Department of Transportation, in which Mr. Ray stated, "we urge you to support the spirit of a fair and open competitive process in whatever procurement procedures are adopted." (p. 3)

Mr. Chairman, I ask unanimous consent that the April 25 letter from Mr. James Ray of FHWA to Mr. Michael Behrens of TxDOT be included in the record.

Mr. Ray was referring to legislation (HB 1892) that has passed the Texas House and Senate and is now awaiting the Governor's signature. The focus of Mr. Ray's concern is the SH 121 project in the Dallas area.

Secretary Peters, you are in favor of "a fair and open competitive process" in procurement, aren't you? In fact FHWA, the U.S. Department of Transportation, and the federal government are all supportive of a fair and open competitive procurement process, is that not true? So am I.

Mr. Ray may not be familiar with some of the relevant events leading up to the decision by the North Texas Tollway Authority ("NTTA") not to bid on the SH 121 project. So allow me to provide the background.

In January 2006, NTTA announced it was preparing to submit a proposal for the SH 121 project. Soon after, the Texas Transportation Commission unexpectedly began a TxDOT Comprehensive Development Agreement ("CDA") process for two significant projects that NTTA had spent years designing and shepherding through the environmental review process. These projects are the Eastern Extension to the Bush Turnpike and the Southwest Parkway in Fort Worth. By starting a CDA process, NTTA would be precluded by Texas law from carrying out the projects. This sent an unmistakable message to NTTA concerning the consequences of its attempt to compete on the SH 121 project. This occurred after private companies had complained that they could not and would not compete against NTTA on SH 121. Left with no tenable option, NTTA capitulated, signed a controversial agreement (the TxDOT/NTTA Regional Protocol) barring a bid on either SH 121 or SH 161, and received back the two other projects.

Madam Secretary, NTTA did not bid on SH 121 because of extortion by TxDOT, not out of its own free will. In February, TxDOT awarded a preliminary 50-year concession on the project to Cintra of Spain. Cintra's bid price was $2.8 billion.

Sensing that Cintra's bid might not have been in the public interest, Senator John Carona, Chairman of the Senate Transportation and Homeland Security Committee, asked NTTA how it might have responded if TxDOT had not denied it the opportunity to do so. NTTA responded informally that it could generate $6.3 billion for the region. It is able to generate so much more than Cintra because it has significantly lower cost of capital.

Secretary Peters, I don't think you would argue that the original procurement process was "a fair and open competitive process." That was clearly not the case. HB 1892 is Texas Legislature's attempt to correct significant mistakes and improper action by TxDOT. It provides an opportunity to NTTA to submit a formal bid on the SH 121 project.

We don't know what NTTA's formal bid may be. That will be forthcoming in the next week or so. But this process provides an excellent opportunity to test the hypothesis that has been stated so often that it takes on the aura of unquestioned truth - that is, the private sector can deliver transportation projects faster, better, and cheaper and can deliver greater value to the public. Now we can road test that proposition to see if it is indeed true. If NTTA's initial estimate turns out to be anywhere close to its formal bid - hundreds of millions, if not billions, of dollars higher than the highest bid from a private firm - then we know that the public-sector agencies can compete well against its private-sector counterparts. The original hypothesis is more an article of faith than a proven fact.

TxDOT also received a letter from Ms. Janice Brown, Texas Division Administrator of FHWA. In her letter dated April 24, 2007, Ms. Brown stated that "in our view, any arrangement with NTTA would be a government to government agreement, and we would treat the arrangement as a publicly owned and operated toll facility. Should TxDOT wish to re-compete the CDA after terminating the current CDA procurement process and seek Federal highway grant or loan assistance, we would be forced to closely examine the circumstances of the new competition, to ensure it met Federal requirements for fair and open competition." (p. 2, emphasis added)

Mr. Chairman, I ask unanimous consent that the April 24 letter from Ms. Janice Weingart Brown of FHWA to Mr. Michael Behrens of TxDOT be included in the record.

Secretary Peters, is a government to government arrangement treated differently by FHWA than an agreement involving a government and a private firm? If that is so, how are they different and what are the justifications for the differential treatment? And what are the ramifications of such differential treatment?

In addition, did FHWA not "closely examine" the original procurement process to "ensure it met Federal requirements for fair and open competition?" Or is Ms. Brown now raising the bar for NTTA and TxDOT?

Ms. Brown went on to observe that "should TxDOT wish to obtain TIFIA assistance for the SH 121 project after re-procuring the CDA, that request would have to be evaluated on its own merits as a totally new TIFIA application." If NTTA gets the contract to develop the SH 121 project, and if TIFIA is part of NTTA's financing package for the project, I would concur wholeheartedly that a new TIFIA application would be in order. But Secretary Peters, can you give me assurances that SH 121, NTTA, and TxDOT will not be prejudiced in the new TIFIA application simply because it is an application for federal financial assistance for a project that involves a government to government agreement?

On the 9th, you sent a letter to Senator Hutchison in response to her expression of concern over actions by FHWA - specifically Mr. Ray's April 25 letter - that she viewed might have overstepped its proper bounds from providing legal analysis to policy advocacy. The entire Texas congressional delegation received copies of that letter, and we appreciate very much your clarification that "HB 1892 would not affect the State's eligibility for funding under the Federal-aid highway program."

Unfortunately, your letter was followed within hours by another letter from Mr. James Ray of FHWA to Mr. Amadeo Saenz of TxDOT, dated May 10, 2007. In this letter, Mr. Ray first observed that the safeguards included in H.B. 1892 could be implemented to make the legislation "technically compliant with Federal requirements." But then he followed with this pronouncement: "The FHWA believes that implementing HB 1892 in [a] manner that fully complies with Federal requirements, [even with appropriate implementation of savings clauses included in the legislation,] will be very difficult." (p. 5)

Mr. Chairman, I ask unanimous consent that the May 10 letter from Mr. Ray to Mr. Saenz be included in the record.

No one argues that implementing fundamental changes embodied in HB 1892 will be easy. But isn't it the job of Texas legislators to make policy decisions? Isn't the job of implementing transportation laws enacted by the Texas government one that belongs to TxDOT? Proffering policy advocacy by FHWA at this delicate juncture in our legislative process is highly inappropriate.

Mr. Ray reminded Mr. Saenz that "[FHWA] would hold TxDOT responsible for any failure to comply with the Federal-aid Highway Program." Then he issued this ominous threat: "Failure by a local public entity to comply with these requirements could expose the entire State program to sanctions." (p. 5)

Secretary Peters, I must confess I am confused. Statements by Mr. Ray in his May 10 letter seem to run counter to - if not directly undercut - the position you expressed to Senator Hutchison in your letter to her. Can you give me your reassurance that TxDOT can implement HB 1982 in such a way that would not affect Texas' eligibility to receive Federal-aid highway funds?

Bobby Zafarnia

Legislative Director

Congressman Nick Lampson (TX-22)

436 Cannon House Office Building

Washington, D.C. 20515

bobbyz@mail.house.gov

Wednesday, April 18, 2007

WHO VOTED TO TOLL MOPAC?

According to CAMPO, the vote to toll mopac took place in January of 2004. The construction for Mopac tolls are 100% tax funded and the right of way is 100% tax funded:

Gonzalo Barrientos, Chair
Greg Boatright, Vice-Chair
Todd Baxter
Sam Biscoe
Bill Burnett
Bob Daigh
Dawnna Dukes
Gerald Daugherty
Dan Gattis
Terry Keel
Mike Krusee
Nyle Maxwell
Brewster McCracken
Elliott Naishtat
Steve Ogden
Eddie Rodriguez
Daryl Slusher
Karen Sonleitner
Mark Strama
Danny Thomas
Dwight Thompson
John TreviƱo
Will Wynn

Sunday, March 25, 2007

Dirty KIEWIT

FROM BLACKBOXVOTING, about Kiewit, who works with TxDOT, Zachry and others:

I became interested in Kiewit because if anything is less appropriate than Chuck Hagel’s ties to ES&S, it would be a Kiewit relationship of any kind to any voting-system vendor. So who is Kiewit? Peter Kiewit Sons’ Inc. and its subsidiaries have been tied to a string of bid-rigging cases in as many as 11 states and two countries.

In an antitrust case that involved charges of bid-rigging in New Orleans, Kiewit pleaded no contest and paid $100,000 in fines and $300,000 in a civil settlement. In South Dakota, a Kiewit subsidiary pleaded guilty to bid-rigging on road contracts and paid a fine of $350,000. In Kansas, a Kiewit subsidiary was found guilty of bid-rigging and mail fraud on a federal highway project. The firm was fined $900,000 and a company official was sentenced to a year in jail. A Kiewit subsidiary paid $1.8 million for bid-rigging on a state highway project in Nebraska, and a Kiewit vice president was jailed.

This free internet version is available at www.BlackBoxVoting.org The Army Corps of Engineers at one point decided to bar Kiewit from bidding on all federal projects but later changed its mind. Kiewit builds munitions plants and military airstrips.

Does Kiewit have a political agenda? Absolutely. Kiewit’s Jerry Pfeffer has spoken before Congress to ask for more privatization: “Kiewit, based in Omaha, built more lane-miles of the Interstate Highway System than any other contractor,” he said. “…We’re active in toll roads, airports and water facilities …”

Pfeffer, advocating privatization of the highway system, has stated glibly that “American motorists will gladly pay market prices to avoid congestion.”

He goes on to suggest to Congress that Kiewit should get special tax treatment. Kiewit also owns CalEnergy Corp., has been involved with Level 3 Communications and is a quiet giant in telecommunications; underneath its highways, Kiewit lays fiber-optic cable and has been outfitting our roads with video surveillance cameras since 1993.

When the state of Oklahoma forbade Kiewit to bid anymore, Kiewit set up a different company called Gilbert Southern Corp. According to The Sunday Oklahoman, “Gilbert Southern Corp. recently submitted a sworn affidavit to the transportation department saying it had no parent company, affiliate firms or subsidiaries.”

But Kiewit owned Gilbert Southern Corp. lock, stock and barrel. When the state of Oklahoma found out, it yanked the contracts. In another obfuscation, Peter Kiewit & Sons took contracts in Washington State under the guise of a minority-owned firm. The government thought it was giving contracts to a company owned by African-American women; actually, it was a bunch of white guys in Nebraska. Kiewit paid more than $700,000 in fines while denying liability or wrongdoing.

Kiewit’s corporate papers indicate that investigations and litigation are normal, saying there are “numerous” lawsuits. This is a handy thing to know: Apparently you can skip disclosure of pending litigation, if there’s a lot of it.

This example illustrates why voting-machine vendors should be required to provide full disclosure on owners, parent companies, stockholders and key personnel. Kiewit has connections with both ES&S parent companies and has a track record of hiding ownership

We should require enough disclosure so that we can at least ask informed questions next time we buy voting machines. In 1997, the company that had called itself American Information
Systems bought elections-industry giant BRC and changed its name to Election Systems and Software. The Securities and Exchange Commission objected on antitrust grounds, and an odd little deal was cooked up in which the assets of BRC were shared between two voting companies: ES&S and Sequoia.

Thursday, February 01, 2007

REPORT AND PARTIAL TRANSCRIPT OF CAMPO TASK FORCE BY ROGER BAKE!

THANK YOU ROGER BAKER FOR THIS REPORT AND PARTIAL TRANSCRIPT!

Where is Sen. Kirk Watson headed? Not where TxDOT wants to go by tolling every new road -- thats for sure. Watson now has gotten strong control over CAMPO and has managed to put TxDOT's phase 2 toll roads on hold, for now.

He sought and got strong personal control over CAMPO at their last meeting. Watson is also on the Senate Transportation Committee. He just had an op-ed editorial in the Jan. 29 Statesman about the need for a new and much more open policy, but cautioned against the
expectation of "free" roads.

His new task force to examine CAMPO policy is NOT stacked with road warriors, as almost all other groups in this area linked to CAMPO and TxDOT have typically been. The task force group has a sprinkling of those, but it may even give the edge to reformers. Replogle is a very
smart transpo reform activist from DC and spoke up repeatedly at the meeting (with stuff that I would tend to agree with). My take is that the group, and Watson's aim, is designed to restore public credibility in Texas transportation planning as the dollars shrink.
Here is his group:

Sen. Watson, Texas Senate District 14
Cynthia Long, Williamson County Commissioner, pct 2 (western part)
David Ellis, Texas Transportation Institute
Greg Marshall, Marshall Group consulting company and Alliance for
Public Transportation
Betty Dunkerly, Austin City Council mayor
Frank Fernandez, House the Homeless
John Trube, Mayor of Buda in Hays county
Sarah Eckhardt, (progressive) new Travis County Commissioner, pct 2
Michael Replogle, transportation expert on Environmental Defense Fund
Gerald Daugherty, Travis County Commissioner, pct 3

-- Roger]

Watson’s first CAMPO Mobility Financing Task Force Meeting, at the Capitol, Jan. 29, 2007. The meetings will be three hours long and the next meetings, all open to the public, are scheduled for Feb. 9, Feb. 23, March 12, and March 26.

Below is a fairly accurate, if not perfect, transcript of the end of meeting remarks by Sen. Kirk Watson (who had who had just returned from voting in the Senate an hour after after starting the initial meeting of the transportation task group he had picked.

At the first of the meeting Watson spoke of the public hostility that CAMPO and TxDOT had created by trying to impose toll roads on the community using a closed process until they had "dug ourselves into hole" -- turning everything into a toll road debate with polarization and no shades of gray, instead of a broader and more open process that he saw as necessary to defuse hostility and restore public confidence in the federally sanctioned publ.ic planning process that allocates federal funds. (Now the Texas Senate chaired by Sen. Corona from Dallas and with vice chair Watson appear ready to challenge the TxDOT bureaucracy appointed by Gov. Perry, and who favor toll roads as the major solution to road funding problems.)

Subsequently at the meeting TxDOT gave an unusually candid report (quite out of character for TxDOT) with a lot of facts and figures that underlined the fact that they had gotten themselves addicted to deficit financing to try to chase current and future projected travel demand (this was done with full federal approval). Now they have dug themselves in so deep that they could use up ALL TxDOT’s money doing nothing but maintaining existing roads; they see themselves as $100 million short of needs in District 10 alone:

Bob Daigh: “We (TxDOT) could spend all our state and federal money on maintenence”
(They've dug themselves into a hole that it has now led to trying to privatize and sell off Texas travel corridors to the highest foreign bidders using long term leases, in accord with Perry’s Trans-Texas Corridor plan. Meanwhile the federal highwat trust fund money is drying up, scheduled to drop to no added money by 2010, maintenance costs are rising fast, and energy costs are soaring. TxDOT is in deep deep trouble if they can’t keep on on borrowing money to go on building roads, which they have been assuming must be toll roads for this reason.)

Watson (having just come back to the meeting and responding to complaint from Dunkerly that they don’t have important growth planning tools outside the cities for the SH 130 corridor,etc):

“ It is probable that there are tools we don’t have. But to emphasize something the mayor pro-tem (Betty Dunkerly) just said, we have a real obligation, I think, to do something NOW to address the problems. I think that takes on two or three tasks; one is what from a practical standpoint can we do in the next year, two years, five years, ten years? Second is, and I happen to be a big believer that all the tools ought to be in the tool box, the ones we talk about
daily in this place and the ones that we don’t, and then that leads us to the question of what from a practical perspective will be available to us one year, two years, five years, ten years and beyond. And then leads to the question of part of what as I see as a framework for analysis which would be if I’m having to make decisions today about something I’m going to do, then that wqould actually play a role in what my matrix is and if its not something that is available to me now, and CAN’T be available for one reason or another for a period of time, I’m not going to take that into consideration on a vote today, but I think it is appropriate for us in our scope of work to try to think through why are certain things are not availble to us and can we make them available but always being practical about what our ultimate goal is, which is that we’re going to have to address our transportation needs.

“And I appologize that I’ve missed a chunk of meeting and don’t really know where we are in this whole thing, but if what we’re talking about is the scope of work aspect, I think ultimately its not about defining our mission in such a way we say are today going to seek out this type of transportation solution or that type. I go back to my opening comments which is that right now what I hope we do is we wipe the slate clean, we bring our experience and our intelligence
and our passion to it, and our education, but we don’t right now say that we’re prejudgethe outcome. But instead what we do is say lets put together the best-in-the country’s process, including all the appropriate decision points that a good Metropolitan Planning Organization would utilize, so that then when we consider any tools, we’ll come out with good decisions.

Watson then recognizes Travis County Commissioner Gerald Daugherty (renowned for opposing public transportation):

“This is making me real nervous. Either we need to change the heading “mobility financing task force” -- which I thought that thats what we were going to do. I mean I know that there is a lot of these other things that need to be in here. I know that there are people in this community that have a real heart ache about single occupancy vehicles. But something that is irrefutable is that that people continue to use that as their major mode of transportation. I don’t think we need to NOT consider land planning and things that might persuade people to look at something else, but I don’t want to get to June and only to go to CAMPO and tell everybody that you know, what we did is we went off and we spent five or six months of feel good --
you know we got everybody on the same page with trying to get everone to travel a different way in this community -- we’ll still have five or six hundred people who want to come out and chew on us about this. You know the other thing thats irrefutable is its all about money. We just don’t have the money to build what we know is the number one thing that we’ve got to have and that is a comprehensive road system, which by the way is the best thing that you could build to make your public transit work better than it does. And if we divert too much attention away from this -- number one I don’t think we’ve got enough time between now and June...

Watson: Well we don’t ...

Daugherty: We don’t have enough meetings to do the kind of things I think people have been talking about since you’ve been gone, and I’m happy to talk about some of those things, but I’m afraid that is what this thing is about that kind of stuff and that we’re going to be in trouble come June...

Watson: Let me see if I can say it this way. The reason I said we need to deconstruct in order to reconstruct because too often what we do is we say well I’m for this for this, you’re for that, well I’m not for that -- so we immediately divide up and say tolls or no tolls, rail or no rail, roads or no roads, and and I truly believe it ends up being a financing task force but it probably is a little bit bigger than that.

“I probably made the mistake of letting the tail wag the dog a little bit because the whole debate has been a financing tool. The whole debate for 24 months has been a financing tool. And thats all it is is a financing tool. In my opinion a great mistake has been made is that this financing tool has been defined as public policy. And the only public policy.You don’t get to talk about a comprehensive road system. Because you need to talk about the financing tool. You don’t get to talk about land use because you’ve got to talk about a road financing tool. You don’t get to talk about an alternative to cars because you’ve got to talk about a road financing tool. When it gets to be a hold grail, all other debate comes to an end. And thats whats happened.

"What my hope is, is that we don’t TODAY start discussing what we think we want. How do we get what we think we want. whether it be more roads, or whether it be more land use, or whether it be rail. But we recognize that there are certain values that we seek to achieve. I’m not putting these in any order, so when someone wants to attack because they think I’ve got preconceived notions. But if reducing congestion is a value we want to achieve, and having money to achieve that value is a second criteria, then you start working through -- and you create your matrix, you create your decision tree, you create your conceptual framework for analysis in such a way that ANY substanitive tool can be put into it.

"And by the way, I think part of the value IS land use. I think its been -- and I’ll show one of my biases -- I think its been a HUGE mistake that its taken our region until 2006, until 2007 to start saying land use is something we really ought to be considering right because guess what, you need less roads if you can plan your community in a way that people live in -- you need a whole lot less of that maintenence money -- those kind of things. Well thats one of the things that we ought to be thinking about, we ought to put that.... What happens with any financing tool? Does it impact in a way that we see as positive or negative?

"And we start coming up with a matrix that then-- someone wants to put in a new rapid bus line, we say “run it through the matrix”. Somebody wants to put in rail? we say put it through the matrix. Somebody wants a new road, we say put it through the matrix if somebody says how am I going to fund that road, we say put it through the matrix. And we create a process that we just don’t have. We’ve NEVER DONE THAT in this community. Part of it is that we’ve kind of enjoyed the fight.

"And this isn’t about a preconceived idea. You know, you have very strong views, and you have very strong views; thats part of the reason that I put you all on here. But we’re not here about whatever your ultimate goal is. I don’t want to know what your ultimate goal is. But I can predict it within a variation of five percent. What I want is your value judgements, and your processes, so we don’t miss something.

"But if you think you’re on this task force to get toll roads, then please resign. If you think you’re on this task force to assure carpooling or rail, please resign. If you think you’re here to kill rail, quit, because we don’t need you! That we’ve got enough of in this town. What we need are people that are willing to guide us through a process, and put their intelligence and their efforts in that regard. If you have a preconceived idea of how you want this to come out and you’re going to work to get us there, quit. I won’t tell anybody why you quit. But we don’t need you. We’ve got enough of that going on in our community right now. The headline of the week. We cannot afford the headline of the week.

"Pretty long speech for a man that wasn’t here for the last hour or so... Laughter... Our next meeting is Feb. 23...

Wednesday, January 31, 2007

CorridorWatch.org also sends a Formal Complaint to Antitrust Division of the U.S. Department of Justice

Dear Mr. Stall:

Thank you for contacting the Antitrust Division of the U.S. Department of Justice. The Citizen Complaint Center has reviewed your complaint, and we have forwarded it to the appropriate legal staff for further review. We have your information on file and should the legal staff need further information, they may contact you in the future.

We appreciate your interest in the enforcement of federal antitrust laws.

Sincerely,

Citizen Complaint Center

Antitrust Division

Department of Justice

-----Original Message-----
From: David Stall - CorridorWatch.org [mailto:davidstall@corridorwatch.org]
Sent: Tuesday, January 30, 2007 5:34 PM
To: Antitrust.Complaints@usdoj.gov
Subject: Macquaire Media Group acquisition of American Consolidated Media

The recent offer by Macquarie Media Group to purchase American Consolidated Media (including Valley Newspapers Holdings) raises considerable concern in Texas.

CorridorWatch.org represents thousands of members who reside in 199 counties across Texas who are challenging the wisdom of the Trans Texas Corridor.

We bring the following facts to your attention:

All of this generates more questions than answers.

Naturally our chief concern is that Macquarie Bank, though one of it's MMG subsidiary, has put itself in a position to attempt to manipulate public opinion by using a virtual monopoly of rural Texas media to improperly benefit another of it's subsidiaries, MIG.

Your consideration is appreciated.

Respectfully Submitted,

David Stall
CorridorWatch.org

Tuesday, January 30, 2007

CAMPO Mobility Financing Task Force report

THANK YOU MARK!

CAMPO Mobility Financing Task Force report from Monday, Jan 29th, 2007
by Mark Kilgard:

In the course of trying to arrange a meeting with Senator Watson, his aide Steve Scheibal let me know about today's "CAMPO Mobility Financing Task Force" that Kirk Watson has initiated. The meeting was today at noon at the Capitol (room E1.016). It went for three hours (wow, I didn't know it was going to go that long).

The task force members are:

1. Senator Kirk Watson, chair
2. Mayor (of Buda) John Trube, vice chair
3. Commissioner Gerald Daugherty, Travis
4. Commissioner Sarah Eckhardt, Travis
5. Commissioner Cynthia Long, Williamson
6. Judge Liz Sumter, Hays
7. Mayor Pro Tem Betty Dunkerley, Austin
8. Dr. David Ellis, Texas Transportation Institute, Texas A&M
9. Michael Replogle, Transportation Director, Environmental Defense
10. Greg Marshall, The Marshall Group (consultant), Business, Economic Development Capital City African American Chamber of Commerce
11. Frank Fernandez, Executive Director, Community Partnership for the Homeless

The meeting started (and ended) with Kirk Watson expressing his sense of purpose for the task force. He used the words "shelving the Phase 2 toll plan" to describe his actions at the last CAMPO meeting.

Watson provided three long paragraphs to describe the mission of the task force. In short, the claim is the task force is going to construct a "policy framework" for evaluating transportation proposals for Central Texas.

As near as I can tell, the group intends to invite experts to future meetings. Future meetings were proposed for Feb 9, 23, March 2, 12, and 26 with the March dates all tentative. The public is invited to all of them presumably.

It's rather unclear what the group actually provides back to CAMPO except that 7 of the task force members are actually CAMPO Transportation Policy Board members.

The "middle" of the meeting was spent hearing presentations from Bob Daigh (TxDOT District Engineer) and then Michael Aulick (CAMPO Executive Director). This was mostly a background briefing.

Bob spent his talk identifying funding sources for transportation projects. There was a bit of "funding crisis" to his talk when he described the "current balance" for the federal highway construction funding possibly going to zero in 2008. Talking about the "current balance" of something with as much cash flow as the federal construction fund is really beside the point. The slides give you the sense "we are almost out of money" when having a fund's "current balance" going to zero when the fund has inflows of billions of dollars a year is rather different than running out of money. No one on the task force pointed this out.

(Bob also seems to misunderstand the term "Private Equity". Equity implies some sort of ownership stake, but Bob used the term in his slides and discussion to describe any non-governmental financing. Basically he means "private capital" for financing.)

Michael went through his standard slide deck about what CAMPO is and discussed regional forecasts and the CAMPO 2030 plan.

At the meeting, there was a CD prepared by CAMPO with a large number of documents that were collected in hardcopy form in binders for the task force members.

The CD contains two PDFs: "Mobility Financing Task Force Binder.pdf" (492 pages) and "January 29 Final Presentation.pdf" (Michael's 57 slides).

The big document collected a bunch of CAMPO documents, studies, maps, etc.

It had two interesting documents I had not seen before.

Page 234 has a table of toll revenues CAMPO expects the Phase 1 and Phase 2 toll plans to generate. It's not clear when the table was prepared. The data claims to be 2003 dollar data so I assumed that's when the table was prepared. What's interesting is that the introductory paragraph suggests that CAMPO was/is expecting 50% of the construction cost of Phase 2 toll roads to be financed by toll-backed bonds.

They call this 50% "cost recovery". What's interesting is that the actual average capacity of the Phase 2 toll roads (according to the MAFS study) is 29% of the total construction cost, far below the 50% CAMPO hoped (in 2003?) to actually be able to recover.

Page 235 also confirms my working assumption that every 1 cent in gas tax brings in roughly $10 million per year. In 2005, fuel (gas and diesel) within the CAMPO region were 0.93 billion gallons total, forecast to rise to 1.8 billion in 2030.

After the meeting, Michael Aulick pointed me to the gentleman working at TxDOT responsible for the 17 cents/gallon estimate of what a local gas tax option would have to be to replace the Phase 2 toll roads. This estimate was prepared in response to a question posed by Rep. Mark Strama during a past CAMPO meeting.

What I learned for the discussion was that Mark's question was interpreted in an extremely broad way. Their 17 cents/gallon estimate was based on not simply paying for the total construction cost of the Phase 2 toll projects but also replacing ALL the projected revenue (not net income but revenue!) that such projects would provide in the future. This is a really bogus way of interpreting the Mark's question (the TxDOT claimed they asked Mark to make sure this was what he wanted but I have a hard time thinking Mark could have actually wanted his question understood the way TxDOT choose to understand it).

The TxDOT understanding of the question is bogus because there's no need to replace revenue that would go to operating a toll road if there was no actual toll road. This is what lead to a wholly excessive estimate, one repeated in the Statesman to help justify toll conversions. The TxDOT understanding also wanted to provide the FULL construction cost when in a toll financing scheme, toll-backed financing would only cover 29% of the construction cost according to the MAFS study (and 31% according to the 2004 project studies). So TxDOT apparently interpreting Mark's question to pay for 100% of the cost when actual toll conversion only paid for less than one third of the toll conversion construction cost.

I recall Mark asking the question at the CAMPO meeting and I really don't think TxDOT was answering Mark's question in anything approaching a reasonable way.

The gentleman went on to hand me a color TxDOT flier titled "The Texas Transportation Challenge" and point out the flier says a $1.40 per gallon gas tax "is necessary to expand our transportation system as needed over the next 25 years". It was a little odd for me to express my frustration about a gas tax estimate prepared by TxDOT being so out-of-whack and then be told about another estimate that was almost an order-of-magnitude larger than what I had just expressed frustration about.

Most of the task force members seem reasonable. Dr. David Ellis seems particularly appropriate member, very knowledgeable. One member I'm not so sure about is Michael Replogle ( http://www.environmentaldefense.org/page.cfm?tagID=961) who doesn't appear to have any connection to Central Texas (he's from D.C.) and spoke repeatedly and, at times, verbosely about land use planning issues from an anti-sprawl perspective rather than really transportation funding issues.

Hope this gives you a little more sense of the continuing saga...

- Mark Kilgard

Monday, January 29, 2007

Antitrust Division of the U.S. Department of Justice responds to my Formal Complaint of Macquarie acquisition of ACM.

I spoke with the FTC this morning and emailed my complaint. They stated that the approval process is handled by the FTC or DOJ, and it's a 30 day process that is closed to the public. There is about 3 weeks left before final approval. The FTC forwarded my complaint to DOJ. I just received the response. Quick response compared to our local govt responses:

ATR-OPS Citizen Complaint Center wrote:

Subject: FW: Formal Complaint of Macquarie acquisition of ACM
Date: Mon, 29 Jan 2007 16:18:25 -0500
From: Antitrust.Complaints@usdoj.gov
"ATR-OPS Citizen Complaint Center"
To: salcostello

Dear Mr. Costello:

Thank you for contacting the Antitrust Division of the U.S. Department of Justice. Your complaint was forwarded to the Citizen Complaint Center(CCC). The CCC has reviewed your complaint, and we have forwarded it to the appropriate legal staff for further review. We have your information on file and should the legal staff need further information, they may contact you in the future.

We appreciate your interest in the enforcement of federal antitrust laws.

Sincerely,
Citizen Complaint Center
Antitrust Division
Department of Justice

Sunday, January 28, 2007

Jennifer "Red Light Camera Scam" Kim wants special airport access (and comments)

Council member seeks special airport access
Jennifer Kim upset she can't go through security when she is not flying.


By Tony Plohetski
AMERICAN-STATESMAN STAFF
Saturday, January 27, 2007


Austin City Council Member Jennifer Kim has a beef with the U.S. Department of Homeland Security.

She said it's "ridiculous" that she can't flash her council member badge to federal screeners at Austin-Bergstrom International Airport, go through the same security as passengers and access the restricted terminal area — even if she has no plans to fly.

Jennifer Kim Council member says her request for airport employee badge was denied.

After all, she said, "it's our airport."

Records show that Kim, who is serving her second year of a three-year term, began asking city workers this month for essentially the same privilege as airport workers, who show special credentials, go through screening and then go to their jobs. Even Mayor Will Wynn and City Manager Toby Futrell don't have that access.

And when city officials told her that wasn't possible, Kim said, she then asked for — and was denied — an airport employee badge.

"There are times I want to escort (an official) visitor to the gate or meet them at the gate," she said. "It's not like I want to go shopping in there or anything or grab a bite to eat."

Kim said she never sought to bypass security screeners and is willing to stand in line, slip off her shoes for metal detectors and send her handbag through X-ray machines, just like anyone else.

But a memo from the city manager's office used to summarize council members' concerns and questions said Kim "thought her VIP badge at our airport would allow her to get through security without going through screening. She has now been told that's not the case and is not happy."

Almost everyone who goes through security at Austin-Bergstrom — or any other airport — must have a boarding pass, Transportation Security Administration spokesman Doug Johnson said.

Parents or anyone escorting a minor can get special permission to go through security without a boarding pass, as can someone accompanying a person with disabilities.

Airport spokesman Jim Halbrook said city officials who are at the airport for official business must register at a security desk in the baggage claim area and are given a visitor pass. A city airport worker then escorts them through security and directs them where they need to go.

Wynn aide Matt Watson said the mayor follows that procedure. Futrell said that if she needs to meet with airport employees, she does so off-site and never picks up or drops off people who are in town on city business.

Council Member Brewster McCracken said he can recall only one time when he scheduled a meeting at the airport. He said he remembers being escorted, but not going through security.

McCracken said that he isn't sure that he would support rules giving council members permission to use their badges instead of having boarding passes but that he "can see an argument for that."

Kim said she thinks it's possible for her to get a special pass from airlines to meet their passengers while still going through screening. However, she said she didn't want to do that because of the wait at the ticket counter.

She said she recently planned to meet a visitor from the Ford Foundation and was delayed because she thought she could go through the security screening line without a boarding pass.

"I didn't know it was a (Transportation Security Administration) issue," she said. "I thought since it was our airport and we own it, and if we are pre-cleared, we could get through.

"Now we just have to go through all this bureaucracy to extend politeness to other people."

tplohetski@statesman.com; 445-3605

Comments

By Richard

Jan 27, 2007 9:33 PM | Link to this

Having reviewed a few of the posted comments, all I can add is More of the Same. She was elected to the city council,not Sainthood.

By janew

Jan 27, 2007 8:22 PM | Link to this

absolutely not, enough exceptions renders security worthless. She should have to go through security the same way everyone else does

By Bobby French

Jan 27, 2007 8:19 PM | Link to this

This is an example of why Margot Clarke should have won this council seat!

By Elias

Jan 27, 2007 8:07 PM | Link to this

She wants to dine on cake while the ordinary citizens eat bread crumbs.

By jim

Jan 27, 2007 7:54 PM | Link to this

it's important that those that propose additional laws/ordinances comply with those very same rules. only when they have to live like those they represent will they weigh each and every proposal as to what effect another rule will have on all of us. i agree many of the changes since 911 stink, but they should apply to all

By betsy

Jan 27, 2007 7:52 PM | Link to this

Ms. Kim needs to stop whining and work on REAL issues that are important to the City. Get in line with the rest of us and get over it!

By Colorado Kool-Aid

Jan 27, 2007 6:57 PM | Link to this

get over yourself lady! you're an elected official, not queen of austin!

By Thomas

Jan 27, 2007 6:20 PM | Link to this

I think that councilwoman Kim has a valid point. I think that city council members, the city manager, and the city mayor should be granted the privelege to go through security with little trouble so they can greet corporate businessmen and goverment officials to Austin in a professional, friendly manner.

By Olivia

Jan 27, 2007 5:54 PM | Link to this

this request it is for personal reasons and she just needs to wait in line like everyone else no special treatment
who is voting for dumb people like this?

By Ron

Jan 27, 2007 5:29 PM | Link to this

Dave: a yokel here--there is a system in place to handle her request, sign in like the mayor and be escorted. Don't need another special system for one person. Yokel out.

Comments

By Ron

Jan 27, 2007 5:29 PM | Link to this

Dave: a yokel here--there is a system in place to handle her request, sign in like the mayor and be escorted. Don't need another special system for one person. Yokel out.

By Jerry

Jan 27, 2007 5:26 PM | Link to this

You know, I don't particullarly like waiting in long lines either. My time is important to me also. Also, since 9-11, she should realize that increased security is an absolute necessity for the security of this great nation of ours. So, if it inconveniences the city council person along the way, it can't be helped.

By Sue

Jan 27, 2007 4:50 PM | Link to this

NO, no way!

By Steve Simmons

Jan 27, 2007 3:54 PM | Link to this

From a person who has a badge at the Airport, we are prescreened(by the FBI) and given a badge that allows us to wait in the same lines and be screened so we can do our jobs, isn't all Ms. Kim is asking for; to be prescreened, issued a badge, so she can do her job?

By marvin

Jan 27, 2007 3:34 PM | Link to this

not just no but hell NO

By JLM

Jan 27, 2007 3:28 PM | Link to this

Jennifer Kim is special, special, special. She should not have to wait in line for popcorn at the movies, pay to get into Barton Springs or clean up after her dog. Because she is special, special, special and you --- you are not special!

By Alan

Jan 27, 2007 3:21 PM | Link to this

I have to take exception to the comments that she is starting to act like a corrupt politician, she has acted that way since her election. She obviously feels that rules don't apply to her and she should receive special treatment not available to ordinary citizens. Her supports resort to personal attacks on anyone who does not agree with the view that she is 'special'.

By southside observer

Jan 27, 2007 3:21 PM | Link to this

First there was her championing of the all-important "bring your dog to a restaurant" ordinance. Then she spent city money to help upgrade her personal, self-promotional website. Now she wants special privileges at the airport. Serving or self-serving?

By Linda

Jan 27, 2007 3:20 PM | Link to this

She is willing to go through security, but does not want to stand in line (beaurocracy)to get a pass. "Just flash her badge" as she put it, or throw her weight around would be another way to say it. This is an abuse of her office. I don't believe any of her guests to the city expect such abuse on their behalf.

By Kevin

Jan 27, 2007 2:12 PM | Link to this

To "dave": No yokel here. But I do detect a political toady there. Hitched your wagon to Jen's political star (such as it was) in an effort to get through life without doing any real work, I bet. Typical of political flunkies, you are using insults to obfuscate the truth. Good luck with that.

Comments

By Bennie

Jan 27, 2007 2:06 PM | Link to this

After reading the article it seams to me that there is a procedure for this kind of situation as Jim Halbrook states. Maybe this lady needs to get some education on the matter and stop complaining about a security procedure that is in place FOR ALL OF US. And by the way Dave maybe you need to read the article or get somebody to explain it to you. She is asking to byp****security ( bureaucracy as she calls it) (Skip in line) and not stand in line like the rest of us do.

By ceecy

Jan 27, 2007 2:04 PM | Link to this

Ummm.... what's the big deal? So what if she wants to meet someone at the gate on behalf of the City (some of y'all elected her!)? She SAID she would want to go thru security like everyone else. It's not as though it's for personal reasons. I don't see how her request for clarification on TSA policy and City if Austin protocol desrves the attack on her character. Most of y'all responding sound like the whiners.

By Fred

Jan 27, 2007 1:51 PM | Link to this

"Airport spokesman Jim Halbrook said city officials who are at the airport for official business must register at a security desk in the baggage claim area and are given a visitor pass. A city airport worker then escorts them through security and directs them where they need to go."

It's obvious that she wants access for personal reasons. If she were on official city business, she would simply comply with the procedure outlined above.

By rhonda

Jan 27, 2007 1:36 PM | Link to this

are you serious..?? so do People who are in the military that serve our country get special passes like that ?? I think not..she aint that special..

By D. Slater

Jan 27, 2007 1:19 PM | Link to this

No!! She puts her pantyhose on, one leg at a time, just like the rest of Austin. Rules are rules and we are all equal. It appears Ms. Kim feels that she is en***led to be more equal than others.

By dave

Jan 27, 2007 1:17 PM | Link to this

Again, Nowhere in this does the councilmember ask to skip the line.

Yokels: please read the whole article before posting a comment to something you really don't understand fully.

By keith

Jan 27, 2007 1:14 PM | Link to this

How does she think she is so special that she can byp****TSA rules. Just cause you have a little badge saying you're a council member doesn't get you anywhere - then again this is the one that pe***ioned to get dogs allowed into bars and eateries....just another dumb thing for her to do - next thing it'll be "i can drive as fast as I want on Mopac cause I'm a council member"

By Walter

Jan 27, 2007 12:50 PM | Link to this

She said she stands in line like everyone else and is willing to continue to - so the question just has to do with being escorted without a boarding pass. I don't believe she wants special treatment - just a more efficient process to do her job.

By John Doggett

Jan 27, 2007 12:44 PM | Link to this

She is clueless. Worst, she is beginning to act like a corrupt politician. It is very simple. She works for us. We pay her salary. She should not have "VIP" rights that her employers, us, don't have.

If she wants to be a special, corrupt politician, she should resign and go live in Chicago.

I'm disgusted.

By Mike, Westlake

Jan 27, 2007 12:36 PM | Link to this

No. This is a great example the arrogance and sense of en***lement that permeates our country. Little wonder our children are growing up to be bombastic self-absorbed brats - just look at the example set for them by publicly elected civic leaders.

Comments

By Mel

Jan 27, 2007 12:35 PM | Link to this

If it really is "our airport" then everyone should be allowed to enter the boarding gate area without a boarding psss. I think not! There is a reason why the security rules are in place. Is it so much trouble to go sign in and get a visitor p****and be escorted as Mayor Winn does? If the Mayor has to do it, what makes you think someone beneath him doesn't? Get your head on straight.

By Dave

Jan 27, 2007 12:29 PM | Link to this

Nothing about what Councilmember Kim says here implies that she wishes to enter the airport and byp****security. The way you frame the "story" it seems like she wants to pop into the airport to grab an overpriced lunch at the Salt Lick or pick up her grandmother at the gate.

By Brad

Jan 27, 2007 12:22 PM | Link to this

No. They can just escort their guest to the security line like everyone else. The days of walking your guest/loved one to the gate is over, we all know that! If a Council member has business at the airport that doesn't include flying they can follow the procedures laid out of TSA. They aren't that special.

By J.R. Vaughn

Jan 27, 2007 12:19 PM | Link to this

The Austin area reaps the benefits every time a major company extends their operations to the city. Meeting visiting execs as they get off the plane is a no-brainer. If the mayor and city manager aren't doing that, they need to take lessons from Ms. Kim. She never asked to by-p****security.

By Christine Rose

Jan 27, 2007 12:01 PM | Link to this

Ms. Kim consistently demonstrates a very unbecoming at***ude of being better than the citizens who elected her to SERVE them which reflects poorly on her and the city.

Next time, she'll be unelected.

By Linda

Jan 27, 2007 11:58 AM | Link to this

If she is given special access to the gate area, where will it end? Everyone should then be able to go to the gates to meet loved ones or anyone else. Security rules are in place for a reason, and she certainly does not deserve any special treatment just because she is a elected official. She might not ever be elected to anything again after acting like a spoiled child.

By Frank

Jan 27, 2007 11:57 AM | Link to this

No. No. No. With my very own eyes, I have seen a British High Commissioner go through the regular line just like everyone else. An Austin Councilmember? Give me a break.

By Kevin Brady

Jan 27, 2007 11:56 AM | Link to this

Note to Jen: there is no ruling cl****here. Why is someone from the Ford Foundation more importatnt than my nephew from New Hampshire or my best friends from California? By the way, we all found each other easily in baggage claim and we probably aren't nearly as smart as you and your guests. Also, as a public servant, try leading by example, you might find it very rewarding. Let the TSA do their thankless jobs. And you do yours while you still have one.

By rita williamson

Jan 27, 2007 11:53 AM | Link to this

miss kim should get the taxpayers to fly these politicos in on a private jet that should could then meet at a private airport......such a waste of her time to have to go thru all the same waste of time exercises that us commoners enjoy!

By ceecy

Jan 27, 2007 11:50 AM | Link to this

There's nothing wrong with her request. She's asking to p****thru security, to be there on official business. We aren't supposed to live in a friggin police state.

By Aaron

Jan 27, 2007 11:47 AM | Link to this

What an idiot! Who put that woman in office? She's an example of what's wrong with American politics. What kind of unbelievably inflated ego would allow her to think that she's above airport screening and rules.

By Robert

Jan 27, 2007 11:45 AM | Link to this

I wish the Statesman would post her picture, that interview was unbelievable

By Jason

Jan 27, 2007 11:31 AM | Link to this

WAAAAAAHHHHHH!!!! WAAAAAHHHHHH!!!!

Grow up Ms Kim -- despite what you think, you are NOT better than the rest of us. You are not en***led to get around what everyone else has to deal with. Matter of fact, you should be delayed even more so you can see how it feels to be a citizen trying to get something done by the city governement. Work on cutting that red tape instead.

By Roger

Jan 27, 2007 11:29 AM | Link to this

While I am sure Ms. Kim shares in the level of frustration that ALL of us have experienced with the security screening process, I don't believe she is being selfish in asking the question. I would have truly enjoyed the opportunity to be able to escort my Grandmother to and from her flight recently. Don't blow a simple request out of proportion people.

By Don Joe

Jan 27, 2007 11:27 AM | Link to this

Who voted her Queen of Austin?
She's gotten too big for her britches.
But I'm not sure this is top of the Web page worthy information.

Time to vote her and Mike Martinez, both beholden to the AFD Union, out of office and get some public servants in office.

By Fred

Jan 27, 2007 11:19 AM | Link to this

Kim's most recent escapade is just the most recent of a long list of abusses that city employees are aware of. She is under the illusion that she answers to no one and abides by no rules. To the people that admire her I say watch what she does not what she say's.

By CH

Jan 27, 2007 11:12 AM | Link to this

Yes, only if she is on an official city function and if done according to a protocal established by the city and the aiport. I am sure the city can come up with a practical solution which helps efficient use of citizens' representative while maintaining proper security measure.

By Robert

Jan 27, 2007 11:01 AM | Link to this

I remember when she first ran for the Council, I made the misrtake of voting for her. this just one of many things i have heard that makes me regret my decision.

By Patsy

Jan 27, 2007 10:56 AM | Link to this

I think Ms. Kim believes she's "all that", and once agains demonstrates her "greater than though" at***ude towards our City. It is an embarassment to the City, and it's taxpayers. She should get over herself, and just follow the rules. What's truly embarrasing is her waste of all our time and money with this silliness for an airport the City owns, and not HER....

Comments

By Anonymous

Jan 27, 2007 10:48 AM | Link to this

Sounds like another Cynthia McKinney to me. Self-centered people like that have no business in a public service job. It's not our job to serve her, it's hers to serve us. She needs to be voted out next round, and this incident will cause her to be discredited and voted out. I hope she realises that this is harming her public image.

By Tom

Jan 27, 2007 10:45 AM | Link to this

Looks like the beginning of the common disconnect between politicians and citizens. It's public servant, not public ruler stupid!

By CB

Jan 27, 2007 10:44 AM | Link to this

Whine, whine, whine, me, me, me! Ms. Kim appears to be placing herself in a cl****above those who elected her. She doesn't have time to waste standing in line for an airline pass, and it is so hard to find someone at the airport! Airport security has a job, and so do our council members, let security do theirs and someone teach Ms. Kim what her duties are to the citizens.

By CB

Jan 27, 2007 10:36 AM | Link to this

Sounds to me like Ms. Kim believes she should have priviledges above and beyond those who elected her. She doesn't want to wait in line, she has trouble finding people at the airport, she likes it like before 9-11-whine, whine, whine! Is not meeting a Ford Foundation member at the gate going to risk chances of donations? It would be nice to see our elected officials use their time as well as press time on matters important to us citizens. All this me, me, me really wears a person out!

By rachel

Jan 27, 2007 10:32 AM | Link to this

Not only do I think city council members should be able to p****through security without a boarding p****- I think everybody should be able to! I've always liked this lady, and I admire her for speaking up about this issue.

By Pat

Jan 27, 2007 10:28 AM | Link to this

City Council members should NOT be allowed to enter the airport without a boarding p****and certainly not without waiting in the security line. They can wait like everyone else in baggage to great visitors.

By Joseph Palmer

Jan 27, 2007 10:25 AM | Link to this

No she shouldn't! If council members are allowed passed security everyone should.

By roscoe

Jan 27, 2007 10:16 AM | Link to this

I would like to remind Ms. Kim that, yes the city owns the airport but she does not. As a matter of fact she works for us so her status is not as elevated as she might like to think. There are a lot of things that Ms.Kim has had to realize about the en***lements that her job does not bring. She should get off her high horse and put this new realization in the same place that she put the realization that city funds are not to be used for buying her dog food.

By Steve D.

Jan 27, 2007 10:12 AM | Link to this

I don't think anyone should be allowed to go to the Gate without first going through security, Its a security measure thats in place for a reason. With all due respect, just because you're on the City Council that honor alone shouldn't allow you to byp****waiting in any lines. I wish they would allow everyone to go to the arrivel/departure gates again, but only after going through security check points.

By Marc Levin

Friday, January 26, 2007

Former fundraiser for Kirk Watson, Alfred Stanley, gets pro-toll letter to editor published on 1/25/07.

Since phase I tolls opened the Statesman won't print letters that oppose tolls. But, former fundraiser for Kirk Watson, Alfred Stanley, gets pro-toll letter to editor published on 1/25/07:

Tolls help pay for growth

The mantra of anti-toll activists is "No tolls on existing roads," and it doesn't make sense. I can still drive north on MoPac Boulevard (Loop 1) and take Texas 45 to get to Interstate 35 without paying a toll. Or I can take the new toll lanes to get there. Tolls are being used to pay for new lanes to deal with the population explosion that's taken place around Austin.

I've been an active environmentalist in these parts long enough to remember when our mantra was "Make growth pay for itself." The idea was that older neighborhoods shouldn't have to foot the bill to extend infrastructure out to new subdivisions, thereby subsidizing them.

Tolls are a fine way to help make growth pay for itself. Allowing low-emission and high-occupancy vehicles free access to toll lanes provides a tangible behavioral incentive that will help reduce air pollution — a critical problem here.

ALFRED STANLEY
astanley@astanley.com
Austin

Report on Road to Texas Independence Confab, featuring Paul Burka of Texas Monthly

REPORT BY SUSAN RIDGEWAY OF Anti-Corridor/Rail Expansion (ACRE):

GROUPS ATTACKING CORRIDOR FROM DIFFERENT DIRECTIONS,
FLURRY OF LEGISLATION FILED


Report on Road to Texas Independence Confab, featuring Paul Burka of Texas Monthly

The Road to Texas Independence Confab, organized and hosted by Linda Curtis, Independent Texans, was held Sunday, January 21, in Austin. The meeting room at the Crowne Plaza Hotel was filled with over 200 attendees, including, as Linda says, “a very wide variety of people, from farmers and bikers, to urbanites from Dallas and San Antonio to horse ranchers from
Gainesville, including leaders and activists of ALL political stripes!”

Attendees from our area included Sylvia Summers and me, from Coupland, Jody Krankel, of Blackland Prairie Concerned Citizens, Jane Van Praag from Bartlett, who is active in several anti-Corridor endeavors, Dan and Margaret Byfield, Texas Landowners organization, and Blackland Coalition members Ralph and Marcia Snyder and Judith Renker.

The event was covered by Austin’s KVUE-TV and KXAN-TV, KLBJ-AM radio, and the influential political site Quorum Report.

Linda presented a panel of very diverse speakers, who discussed many Corridor aspects from various viewpoints.

The first speaker was Gina Parker Ford, from the Eagle Forum. Her presentation dealt mainly with the efforts to combine our country with Mexico and Canada into one North American union, which she called the “underlying force moving the Trans-Texas Corridor and the NAFTA
superhighway.” She spoke about the “Security and Prosperity Partnership” (spp.gov) and the Supercorridor. (See North America SuperCorridor Coalition, nascocorridor.com).

Next to speak was David Stall, who Linda Curtis introduced as the “undisputed opposition expert on the Corridor.” David, who with his wife Linda Stall, founded the first and largest anti-Corridor organization, Corridor Watch, said, “The TTC represents a dramatic shift in public policy. It’s about revenue, NOT transportation.” David reported the first bills
that have been filed that can help us against the Corridor are:

SB 149, by Sen. Carona, the new Chair of the Senate Transportation Committee, which seeks to prohibit non-compete clauses from being put in toll road contracts with private corporations, such as Cintra. A non-compete clause in the contract means that governmental entities are
forbidden from repairing, maintaining, or building a public road that might compete (provide a free route) with the private toll road. This bill will remove the non-compete clauses, and allow free, public routes to be continued. SB 245, by Sen. Carona, giving first option to local toll entities. This means that if a toll road is to be built in a certain area, a local entity that builds roads, such as a county, would be given the first option to build the toll road, in preference to a private corporation.

HB 154, filed by Representative Pickett, which abolishes the appointed Transportation Commission and mandates that the office that is now the Chairman of the Transportation Commission be a state-wide elective office.

The latest anti-Corridor legislation was just filed by Representative Leibowitz on January 25. It is HB 857, “Relating to repeal of authority for the establishment and operation of the Trans-Texas Corridor.”

You can read and follow this legislation at Texas Legislature Online, capitol.state.tx.us. You can sign up to receive email alerts when there is any action taken on a bill.

Also speaking was Sal Costello, founder of Texas Toll Party, who critics call “abrasive” but “effective.” Sal said that the Corridor/toll issue “is about corruption and accountability,” involving among other things campaign contributions and contracts. Sal has succeeded in stopping some Austin toll projects and has been involved in election campaigns that have replaced pro-toll officials with anti-toll officials. On Monday, January 22, an effort in which Sal played a large roll saw a major success, when the CAMPO board voted to table the Austin Phase 2 toll roads, pending further study.

Hank Gilbert also spoke. Hank lost his bid to become Texas Agriculture Commissioner, but did win the most votes in November of any state-wide Democratic candidate. He will be hosting a Texas Independence Day Rally on March 2 on the Capitol grounds, against the Corridor and the National Animal Identification System.

Pointing out the negative environmental impacts of the Corridor and other area toll road projects were Annalisa Peace, executive director of the Greater Edwards Aquifer Alliance, and Colin Clark, communications director of Save Our Springs.

Paul Burka, senior executive editor of Texas Monthly, has covered 20 of the 80 Texas legislative sessions, one-fourth of all the sessions in the history of the state, making him indeed an expert on the background, the personalities, and the maneuverings of the legislature. He began with some anecdotes, including the recent joke, “What do Rick Perry and Tony Sanchez have in common?” Answer: “39 percent of the vote.” Getting only 39 percent of the vote has led to the perception that Perry will be a weak governor, but Burka thinks that Perry will probably do what he wants to do.

Regarding the Senate, Burka said that in the last session on a couple of occasions Dewhurst lost control of the Senate. He predicts that in this session, “We will see a lot of tension, not on a partisan basis.” Burka interviewed Carona, the new Chair of the Senate Transportation Committee, who said, “The Corridor system will be the ruination of the free roads of
the state.”

After the unsuccessful effort by Pitts to replace Craddick as Speaker of the House, there might not be smooth sailing in the House. There are two issues that Burka is watching this session. One is higher-education tuition, related to past tuition de-regulation. The second important issue is highways. HB 3588, the legislation that created the Corridor, “came up late in the ‘03 session. Nobody had any idea what was in it.” Now, legislators have become concerned about it.

Burka pointed out that parts of the Corridor contract with Cintra still are not public. He speculates that Perry was not pleased when Attorney General Abbott ruled that the contract was public record.

The recent report from the Texas Transportation Institute showed that “TxDOT exaggerated, to put it politely, their needs and costs. The TTI label is so strong that it called into question all of TxDOT’s claims.”

Burka mentioned the special session that was supposed to strengthen the rights of property owners against condemnation, but that exempted the Corridor from the legislation. “We had a special session on eminent domain which allowed that very thing.”

Regarding the Corridor/toll issue, he said, “This meeting is the tip of the iceberg. A huge constituency has built up, and the legislators are aware of it. They voted for 3588, and they’re worried about it. This session will not end without a hearing on this.”

Following Burka’s talk, attendees discussed “How to lobby your legislator,” including letter writing, phoning, and taking community groups to visit the legislator or his or her aides. Linda Curtis, founder of Independent Texans, discussed how attendees could start local groups—“Starting an Indy ‘Fusion’ Club in your community.”

Below, please find links to the sites of many of the organizations that were represented at this meeting. Burka’s blog is:
texasmonthly.com/community/blog/paulburka

Other sites to keep you informed are:
CorridorWatch.org
IndyTexans.org
TexasTollParty.com, which includes Sal Costello’s blog with continuous
coverage and analysis, or go directly to
salcostello.blogspot.com.

Linda Curtis, Indy Texans, and David Stall, Corridor Watch, have both issued reports on this meeting, including legislation to support, and I will forward these to you over the next few days.

Friday, January 19, 2007

183A ROW (Right of Way) Acquisitions

Owner Contract Signed Sales Amount
Wong, Tai Keong,
Et. ux., & Kwok-
Wai Chiu Et. Ux. 2/3/05 $867,829.33

Harvey, C. Dudley
& Sharon 8/3/04 $226,739.00

Kopecky, Willie J.,
Jr. and Erwin F. Kouba 9/26/04 $245,091.64

Stasko, Lilith Cooper 12/30/04 $211,000.00

Seaman, Gary Worth
& Joel R. & Sharon Dolores
Seaman Lockhart 8/6/04 $146,048.00

Bob Wunsch
Waterstone Development
2/3/05 $1,485,544.30

West Tex Trading
Retire LTD. (Robert W. Strauss)
6/24/05 $478,474.00

Bryson, LC and
Ruby Estate 8/10/04 $20,000.00

Meyer, Louese C. 8/6/04 $227,827.00

Meyer, Michial Lee 3/24/04 $30,000.00

Meyer, Roy Andon 3/24/04 $30,000.00

Meyer, Patrick
& Dolores 3/24/04 $30,000.00

Meyer, Timothy Liston 3/24/04 $30,000.00


Mel Mathis 10/29/04 $1,035,444.00

Fab Con Products,
Noel Larson $90,550.00

Frederick A. Jay 1/27/05 $115,000.10

Michael L. Davenport
Lois E. Davenport 9/14/04 $208,000.00

Walker, Weldon Stephen & Tammy $238,000.00

Agnes Stevens Wade $365,000.00

Leander Voluteer Fire Dept N/A

J C Evans Construction
Holdings Inc.- Zane Hudson 5/1/05 $160,000.00

Leander Developers LLC
Noel Larson $280,000.00

LWB Joint Venture 8/27/04 $310,545.00

Jeffery Dean Leavitt &
Kimberly Lynn Leavitt 10/17/04 $6,500.00

B. W. Pruett
& Carlene Pruett
Samuel J. Pearson
& Ida Nell Pearson $600,000.00

Steven L. Unruh
& Donna A. Unruh 7/30/04 $200,050.00

George Dill 11/25/04 $410,000.00

Craig Nemac 11/13/04 $172,529.00


Wallace Scott $208,970.58

Floyd Cantwell 12/20/04 $600,000.00

Albert F. Bredthauer
(deceased) &
Mavinee L. Bredthauer 12/15/04 $343,046.00

LENNAR HOMES OF TEXAS 11/24/04 $67,900.00

CONTINENTAL HOMES
OF AUSTIN, LPdba
MILBURN HOMES
Richard Maier &
Stacy Small 8/10/04 $186,500.00

183 PECAN
GROVE L.L.C.
GPA Partnership 5/4/04 $882,714.00

GPA Partnership &
Chingros Family
Trust 5/4/04 $323,274.00

Dale Lee Jaschke 6/8/04 $75,000.00

Continental Homes
of Austin LP/DBA
Milburn Homes
Richard Maier &
Stacy Small 8/10/04 $0.00

William G. Holford 3/4/04 $30,000.00

Charles A. Betts 3/4/04 $30,000.00

William J. Hudspeth Jr. 3/4/04 $30,000.00

Joseph C. Sparks 3/4/04 $30,000.00

John Robb Southerland
c/o Charles Betts 3/4/04 $30,000.00

Jim & Jill Chadwick 2/3/05 $24,665.00

Hurst Family Trust
c/o Janice C. Hurst 8/25/04 $5,452.00

Williamson County 7/31/04 $767,500.00

V-S Cedar Park LTD.
Mr. Henry Stewart 6/15/04 $1,446,000.00

Carssow Family Partnership Ltd
c/o Carssow Land Mgmt Inc. $2,358,801.00
under contract

John Fields, Trustee $35,926.00
Possession & Use

City of Cedar Park 1/19/05 $0.00 Doc

Lada One LTD
Dwight Forrister; 3/10/05 $15,900.00

Robert Lawrence
& Roy Schuelke 7/22/04 $195,049.29

Earnest L. Willis,
Nedra O. Revocable
Living Trust 8/6/04 $7,929.00

Robert Lawrence 7/14/04 $135,000.00

Darice (Gene) Wilkinson 9/7/04 $95,000.00

Larry W. Domel
Janell Domel 6/23/04 $97,201.00


Danny R. Goodrum
& Joni Goodrum 7/13/04 $25,000.00

C.D. Goodrum
& Betty Goodrum 6/29/04 $20,000.00

MTV Forest Oaks, L.L.C.
Curtis Hayes
Gary Hancock $40,000.00

Joe D. Miller 7/30/04 $120,000.00

Forest Oaks Owners Association, Inc.
c/o Liddiard Management Co.
Blake Magee 9/28/04 $11,000.00

Cedar Park Townhomes, Ltd. 5/4/04 $510,174.72

Williamson County
Park Foundation Inc. 2/4/04 $0.00

State of Texas,
General Land Office 2/4/04 $0.00
Acquired by TxDoT


Pebble Creek Joint Venture
Edward R. Rathgeber 2/4/04 $0.00
Acquired by TxDoT

Continental Homes of
Austin LP/DBA Milburn
Homes
Richard Maier &
Stacy Small 6/15/05 $0.00

FROM CITY OF CEDAR PARK

MTV Investments Limited Partnership
$80,927 12/21/1995

Americo Financial Holdings
$100,776 11/09/1994

RSRF Forest Oaks, L.P.
$84,796 9/30/2002

Sutton Quest, Ltd.
$66,027 3/15/1996

Foxworth-Galbraith Lumber Company
$200,198 9/15/1995



If you see a connection with corruption here
email sal@austintollparty.com