MPO Unanimously Rejects TxDOT Proposal

Pay attention everyone.

If you or your organization have ever been told "No" by TxDOT...

If your community and all your stakeholders have ever supported one thing and TxDOT has rejected your proposal...

If you have ever been part of a public meeting to give TxDOT input and then heard them tell you how things really are going to be...

Pay attention. 

This story is all about local control versus a very powerful agency which does not have to answer to you the people.  That agency, of course, is TxDOT which is only answerable to the Texas Transportation Commission which is only answerable to Gov. Rick Perry. (More on this relationship in an upcoming post. For now, just look at the recent contributions of Texas Transportation Commission Chairman, Ted Houghton, to Rick Perry.)

At last Friday's meeting of the Transportation Policy Board for the El Paso Metropolitan Planning Organization (MPO), TxDOT asked that the El Paso Bike Share program be deprogrammed and that federal money (Congestion Mitigation Air Quality - CMAQ - funds) be used differently.) See Items 7 and 8 on the agenda. Never mind that CMAQ funds had been given for the express purpose of the El Paso Bike Share program. Never mind the fact that the City of El Paso, the County of El Paso and UTEP had already pledged to the program. Never mind the fact that all of El Paso's elected representatives in State and Federal government stand for the Bike Share Program. Never mind any of this. One very powerful state agency with no accountability to the people and with no regard to the will of the people, will do whatever they want and take money for whatever project they deem to be worthwhile.

So, here's what happened at the Transportation Policy Board for the El Paso Metropolitan Planning Organization last Friday. Each and every member of that Board voted against the proposal to deprogram bike share (only El Paso TxDOT engineer, Bob Bielek, voted in favor). That was Item number 7. The Board deleted Item number 8 - where TxDOT wanted to take money they would steal from bike share. The message was loud and clear: We the People having local control of our government, vote to accept CMAQ funds for bike share and, dearest TxDOT, you had better deliver.

Senator Rodriguez: "Local decision making IS the issue. The Federal Highway Administration has approved funds. We, the local community, decide - not a state agency."

Mayor Leeser: "City Council and the community support bike share."

Representatives Marquez, Gonzalez and Moody were adamant for bike share and against the usurpation by TxDOT.

Can TxDOT still torpedo bike share? You bet they can. They can refuse to spend the money that way (the Federal Highway Administration gives that right to the state agency). They can refuse no matter what the local community wants. 

But they may have a harder time this time. They have no support among elected representatives from El Paso. Word on the streets is that the Federal Highway Administration is now investigating them. I suggest to Senator Rodriguez and all of our elected state representatives that they visit with their fellow legislators in Austin and find out how many stories like this one there are throughout the State regarding TxDOT's disregard of local government and community decision-making.

I suggest to many in El Paso that they pay attention. I know many of them know stories about TxDOT's total disregard of stakeholder and public opinion.

Hey TxDOT Teddy - this is just the first post in a series. Much more to come.

Now Here's the Bad News

Now that our first petition has been certified, here’s the bad news:

Representative Silvestre Reyes’ office confirmed that the FHWA had completed the NEPA and sent a FONSI (Finding of No Significant Impact) to TxDOT yesterday. A second source also confirmed this story as well.

As we all know, TxDOT in league with developers completed the designs for the Transmountain project before public vetting. The public meeting was pro forma – mere window dressing. The FHWA has issued a FONSI in spite of the fact that TxDOT’s EA clearly circumvented the public. If City Council passes the ordinance requested by the petition, the connection to Paseo del Norte at Transmountain will be for naught – an overpass to no where. If Council does not pass the ordinance, then petitioners will gather the required signatures for a referendum election. Will TxDOT pursue their plans of clandestine origin without listening to the will of the people?

Remember, petitioners by and large do not oppose widening of Transmountain Road even through the Scenic Corridor. The issue is to preserve about 800 acres known as the Scenic Corridor in its natural state from development or major roadways such as Paseo del Norte as currently schemed. The preservation would not even disallow critical utility structures such as a water tank and any service roads or power lines to service the structure. Opponents have misrepresented this matter.

I have not seen a copy of the FONSI yet. It may be that TxDOT made some changes. I doubt it. Remember, their plans had some major discrepancies among them was a safe way to enter and exit Tom Mays Park and a provision for the protection of motorists from collisions with animals by building a safe animal corridor/crossing.

The final NEPA decision can, of course be sued under the Administrative Procedures Act.

Sign this online petition. Even if you signed the official petition and/or even if you are not a registered voter in the City of El Paso, this petition lets everyone know that you want to preserve and protect the Franklin Mountains. We will promote this publicly in the light of day. We will not do things behind closed doors, huddled with cronies and presuming to know what is best for the people of El Paso.

FMWC Renews Petition Drive in Face of Push Back

As expected, push back against Representative Byrd’s proposal that passed Council last week is being organized. There has been disturbing talk about a Mayoral veto and a vote to change the vote. Why? The fear of losing 80 million dollars. More about that in just a second.

For now, Franklin Mountains Wilderness Coalition has decided to continue its efforts to collect more signatures and needs people out getting signatures. Go to http://www.franklinmountains.org/ where you can download the petition file and print hard copies. If you have friends who find it easier to sign online, there is a link to do just that.

I presented the El Paso City Clerk copies of the signed petition this morning during the “call to the public” segment of the regular City Council meeting. There are currently 1,135 signatures and 893 online responses!

The petition calls for rezoning all City of El Paso land east of gas line road as Natural Open Space. It does so because the current TxDOT highway/freeway plan threatens the natural scenic corridor. Especially, an overpass at the contemplated Paseo del Norte intersection with Trans Mountain will not only critically scar that corridor, it will facilitate development that will change “this naturally scenic corridor, critical wildlife habitat, and potentially invaluable recreational land forever.”

Now here’s what is happening. TxDOT is undergoing an environmental assessment. As soon as they are done, they must take public comment. As elpasonaturally learns more about the schedule for this process, you will find out. In the mean time, FMWC is planning to gather more petitions and get those to the Federal Highway Administration (FHWA)

EAs are usually simple and TxDOT usually gets EAs favorable to their projects. However, what comes up in public comment can force TxDOT to get an Environmental Impact Statement. The process for an EIS can take from a year to 18 months. The fear that 80 million dollars may evaporate when the new Texas legislature convenes next year is real. One would think that, rather than organizing push back and a counter attack, proponents of a freeway/highway plan would jump at the opportunity to take what they can with the Byrd proposal. Why they don’t was the reason for the speculation and criticism of an anonymous contributor to the elpasonaturally blog: Who Really Is Delaying the Project.

Petitions and opinions by biologists and other wildlife and land experts can force the matter to an EIS.

Elpasonaturally has also learned that there are plans to review the Northwest Master Plan. It was created before smart growth ordinances and much of the new “green” thinking in El Paso. We also know now that the old plan was not the product of consensus but rather of manipulation. In fact, the intelligence of some on the planning team was publicly ridiculed by PSB officials. There was no consensus and the really good plans were tabled by the PSB. Now that the public is either waking up or speaking up, the consensus is for preservation and conservation.

One petition gatherer told me that probably 90% of people who signed said that they had no idea about current development and highway plans. El Paso has been and still is a great place for covert machinations. It has an English-speaking newspaper that is conspicuously silent; media outlets that haven’t had a clue; powerful groups that have done whatever they want and so have discouraged public participation and will. However, things are changing. The word is getting out. Back room deals will become less possible. People will be involved in the process.

Many on both sides of the issue would have no compromise. However, there are others who see as a good deal the Byrd plan accompanied with moving Paseo del Norte westward to the contemplated Plexxar intersection near the gas line road, a widening of culverts near the State Park for a wildlife passage/corridor, building a new road to the Park entrance and thoroughly reviewing the NW Master Plan.

Finally, there will be a special reception tomorrow, Wednesday, October 13 from 4:00 to 6:30 p.m. at the UTEP Centennial Museum. The Centennial Museum at UTEP will unveil its newest publication: A Pocket Guide to El Paso’s Geological Sites by Professor Bill Cornell The book gives the layman a through sweep of El Paso geological history and is lavishly illustrated with color aerial photographs by FMWC President and museum exhibit curator, Scott Cutler.