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The Concession Stand

The Midway

Getting Answers from the City's Holy Trinity About the Trinity Project

Fri Mar 14, 2008 at 04:21:02 PM
Dallas City Manager Mary Suhm

It’s been almost a couple of months since Unfair Park provided a wrap-up of the first installment of the mayor’s Trinity River Corridor Project Summit, where the big news was that Mayor Leppert is gonna shave off a year from the competition date for the Trinity Turnpike. All the peeps involved in this project packed City Club to find out that the timeline for the road’s completion, which was released just 10 days before the meeting, was changed to 2013 instead of 2014.

In the item, we brought up some concerns about the cost of the road, the timelines for each part of the project and the Texas Horse Park. After the meeting, City Manager Mary Suhm agreed to meet with me to discuss these issues, and I finally was able to sit down with her early last week. She invited Assistant City Manager Jill Jordan and Trinity River Project Director Rebecca Dugger, completing the city’s Trinity trinity.

Given my history with Suhm and Dugger, the meeting was filled with plenty of tension and dirty looks. As I walked into Suhm’s office, she asked if I was taking over the Trinity beat from Schutze. I assured her that Jim would keep covering the Trinity. “So you two are tag-teaming it?” she asked. Um, no. But for what the threesome had to offer, well, let's jump.

The first issue addressed was cost of the proposed Trinity Turnpike. Suhm said the cost was “likely to go up” but later amended that comment, saying, “A more accurate statement is, it’s going to change.” Which, of course, leaves the door wide open for the cost going down -- though it's unlikely.

I asked each of them if the $1.29 billion price tag was the most current cost as far as they knew; they all said “yes” and added that they hadn’t seen any documents disputing that number. Dugger, though, added that the cost is in “2007 dollars,” and it is the same number contained in the Supplemental Draft Environmental Impact Statement, which will be released to the public this summer. She did say that the SDEIS has a cost estimate for 2013 but said, “I don’t have those numbers memorized.”

In my story from January, I analyzed the most current cost estimates provided on the city’s Web site from 2003. Two costs were given: one of $535 million from March and another of $614 million from November. Dugger explained that the number jumped because the road evaluated in March was smaller than the current plan, had lower speeds and wasn’t tolled or connected for its entire length. She said the $614 million road was based on the Balanced Vision Plan and was tolled with six lanes throughout.

Since the cost estimate included “a contingency factor of 20 percent” and was “escalated to four years into the future,” according to the city document presented to the council in December 2003, I asked if $614 million should have been the cost in December 2007. “I don’t know,” Dugger said. “I know it had the 20 percent contingencies in it.” She stressed that the estimate was given to the city by the North Texas Tollway Authority.

Then I pointed out that even if the $614 million cost was current in 2003 and not 2007 as the document stated, then given the current 7.2 percent inflation rate for road construction (as opposed to the 4 percent rate in the document), the cost would be way off the current cost of $1.3 billion. How off? About $490 million.

“In talking to the NTTA about how they do estimating, they’ve kind of blown some of their estimates in previous years,” Dugger said, “and the NTTA board asked them to go back and revise their methodology about how they estimate.”

In other words: Their bad, not ours. Dugger added that a big difference from 2003 is that now the NTTA has added “agency costs” of approximately $275 million, and the U.S. Army Corps of Engineers has required diaphragm walls, a 15-foot clearance and moving the road off the levees, all of which have increased the cost.

Of course, it's been Trinity River toll road critics' contention that putting the road in the floodway is making this thing expensive in the first place. Speaking of: We discussed the delays council member and TrinityVote honcho Angela Hunt handed out to reporters back in January, which showed strange trends in the timelines of all aspects of the Trinity Project. To make a long story short, nearly every part of the project has been delayed, and in many cases the construction end dates stay the same when the start dates were delayed.

“The reason we’ve been bumped is because of the things the Corps is requiring us to do,” Dugger said.

Dugger said the Environmental Impact Statement has been delayed because new alternatives were required by the Corps, along with changes in hydraulic modeling and other aspects of the road construction as it relates to building it in a floodway.

As for why the beginning dates are postponed while keeping the end dates intact, Dugger said the NTTA is “looking to expedite parts of the project,” such as giving construction incentives and having concurrent contracts on different areas of the project. She used building the part of the road outside the levees and the part inside the levees at the same time as an example. Somehow this complex idea didn’t occur to anyone sooner.

Through her comments, it was obvious that building this road in a floodway is causing problems. I asked if the delays in the project were a result of building the road in between the levees. “I dunno,” Dugger said.

To which Suhm said, “It might be part of it, but it’s certainly not all of it.” Suhm went on to say that public policy issues take time, and this is the only project she’s been involved with that included the city, county, state and feds. “Surely it’s challenging,” she said. “The location makes it a challenging project.”

Given it’s so challenging, why is the city so focused on putting it in the floodway? Suhm said she didn’t understand the question. I then rephrased it, saying that since the floodway option was chosen based on cost, then the rising costs of putting it in the floodway negated the cost argument. She quickly said cost was a factor but, “It was the only place for it to go.”

Which, again, raised the age-old question: Why not put the thing on Industrial Boulevard? “You can’t put it there without tearing up everybody’s businesses and cost,” Suhm said. “It’s not just cost. It’s: Does the public want all those businesses torn up. I don’t think they do.”

Dugger jumped in and emphasized that the city is “taking all options to fruition.” Suhm said she doesn’t think any part of the project is “one simple thing.” That is something upon which everyone can agree.

Finally, I asked for an update about the Texas Horse Park. Dugger said there isn’t a briefing scheduled, and Jordan said, “They’re [Texas Horse Park Inc.] working on raising the money.” Jordan also said THPI was “making contacts with people,” and she doesn’t know the amount that has been raised so far. Glad to hear everyone is up-to-date on that one at the city level.

I hate to beat a dead horse with the Trinity issue, but what I see here is a complete lack of accountability. Got problems with cost? Blame the NTTA. Got problems with the delays? Blame the Corps. When is the City of Dallas culpable for issues related to a project that is receiving funding from Dallas taxpayers? Got a problem with that? Blame Leppert. --Sam Merten

12 Comments:

hope this helps says:

Y'all need a lesson on what a blog is and what purpose it serves.

rke says:

Good to see somebody keeping feet to fire.

Let me help you out there, hope- a blog is anything its owners want. All posts do not have to cater to the ADD crowd.


Amy says:

Sam, if you were expecting an honest answer from any of these 3 lackeys, you were wasting your time.

They and the rest of the Dallas Citizens Council robots will continue lying until they are fired/removed from office.

ericthegardener says:

Instead of making an oblique comment, if you have a genuine criticism, why don't you just make it.

I hope this helps.

jjc says:

I have a feeling we will not have to worry about this being built. It is going to become too expensive for NTTA. And there is no way Dallas should kick in any more $$$. This was supposed to be a "regional" roadway, right?

Rain39 says:

This is exactly what a blog is for! Thanks for the information in an always intriguing story.

Rhinosaur says:

"I hate to beat a dead horse with the Trinity issue...."

If you write for the Observer, you have to have a degree in beating dead horses (e.g. badmouthing DART and the Kidd trade).

Rich Sheridan says:

The Shaw's recent murder-suicide is the cat-out-of-the-bag concernong the corruption of the November Trinity Tollway vote. Many are still in shock.

As I stated in a recent speech to the Dallas CityCouncil, the Trinity Vote was stolen with lies and money...some money which flowed unreported throughout the black community. This was reently reported on at the Unfair Park blog through emails of Lynn Flint Shaw, and Jim Schutze's writings.

I'm no lawyer, but there must be a strong basis for a lawsuit to force a re-election on the Trinity Tollway-Highway.

Rich Sheridan, P.E.
Professional Engineer, N.Y. - Activist
_____________________________________________

The Trinity Tollway Vote –
A Common Law Ethics Complaint Against Mayor Leppert and Mitch Rasansky

Presented to the Dallas City Council by Richie Sheridan  Professional Engineer, New York  Activist

We just had an election, the Trinity River Tollway vote, which if it were a football game, the 53 to 47 finish was one close game. In close games there are always key plays, big plays that can be looked back at as game makers, the 3 or 4 big plays that significantly contributed to the win.

Politics and elections today have unfortunately sunk from one of the true collective voice of the people expressed at the polls, and in the decision making of elected officials, sunk to an advertising campaign paid for by special interests to get the people to vote for something that they wouldn’t have if they were told the truth, something that will be better, at the taxpayers expense, for the special interests, and not in the interest of the public. With big, and subtle enough lies, and enough money, the people are misdirected in an election. That certainly is what happened with the Trinity Tollway vote.

Many know that there were some lies, or the more politically correct word is misrepresentations in the recent election. Let’s call them alledged lies. Three of the most prominent “Big Plays”, alledged lies were by the “Save the Trinity” group, and two members of the Dallas City Council.

The “Save the Trinity” group presented the perception to Dallas voters, based on their name alone, that they were the ones that were going to SAVE THE TRINITY from any environmental blight, environmental degradation caused by a tollway highway. This name was purposely chosen to mislead the voters. Back in 1998 during the initial Trinity bond election, there was a same name group, but they were against the then parkway. You’d think “Save the Trinity” would be ballistic over a high speed tollway.

A man in this room held up his arms, outstretched, with a thumb turned in, saying that’s all the space the Tollway Highway, relatively, would take up in the park. Hardly noticeable, right? What wasn’t pointed out by this man was that the Dallas Morning News had clearly pointed out that the car and truck air pollutants from the Tollway would extend at least 600 ft out in to the Trinity Park. That’s a lot more than a thumb’s length of environmental degradation, it’s more like an arm, or a leg, or both. But this man, with his alledged lie, tried to reduce the environmental concerns over the Tollway built in a park.

Lastly, another man in this room stated in a Tollway debate that the U.S. Army Corp of Engineers had approved all the environmental and safety aspects of the Tollway. One of the major objections to building the Tollway highway is that, as Councilmember Hunt has pointed out, a highway has never been built in a flood zone before, and the Army Corp would take at least 1 to 2 years to approve it. But in a Tollway debate, and later reported in the media, this man took away a major voter concern with some voters with an alledged lie intended to get more votes.

How did these alledged lies impact the election? In addition to the three “Big Plays” just cited having a major impact on the election, the special interest group who wants the surface Tollway Highway in “Our” park, (also published in the Dallas Morning News), outspent the TrinityVote-No Tollway group 8 to one. The number of elected officials on the side of the Tollway was more like 30 to 1. It was like a coming out party for politicians. There was also a constitutional violation with a few politicians being against the petition, where it the right of every citizen to petition the government. It is clear to me, and many others that the Tollway election was stolen by and for a Special Interest group.

I therefore am issuing a public Common Law Ethics Complaint against Councilmember Mitch Rasansky, and Mayor Tom Leppert for alledged violations of their oaths of office, the City’s Ethics Code, and the U.S. Constitution during the Trinity Tollway election campaign. I am forced to do a Common Law complaint because Dallas Ethics Code and Process is primarily intended to protect politicians, not expose and censure them Public exposure, and common law are the citizens’ primary recourse today to obtain justice.
_________________________________________

Excerpt from Dallas Ethics Code, Article II, Section 12A-4a, Unfair Advancement of Private Interests

“A city official may not use his or her official position to unfairly advance, or impede personal interests by granting or securing, or by attempting to grant or secure for any person any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to every other person or organization.”
___________________________________________

Excerpt from Article I, Dallas Code of Ethics:

“Essential values and ethical behaviours that an elected or appointed official should exemplify include the following:

(D) To be a responsible steward of the taxpayer resources

(E) Truthfulness

“This section is a statement of purpose and principles only. Nothing in this section may be used to create a cause of action against any official or employee under this chapter.”
________________________________________

Council needs good watchdog

“Something’s wrong. In the 16 years since Dallas went to a 14 – 1 election system, City Hall has been ensnared in 3 federal investigations that left it with a black eye. …There should be far more internal oversight of the legislative body, which unlike the executive branch of government, really has no one looking over its shoulders…Which agency is keeping an eye on the City Council? Honestly, no one. The city has an Ethics Advisory Panel, but it needs to be more vigilant, more aggressive and more powerful if it wants to be taken seriously.”

James Ragland
Dallas Morning News, October 4, 2007
____________________________________________

“The issue is…about being honest with voters. They are intent on persuading voters that this toll road is not as big, or ugly, or intrusive or filled with concrete as it is.”

Councilwoman Angela Hunt
_____________________________________________

“The people who are pushing for a toll road inside the levee are the blood and corporate heirs of those original visionaries (who built the Trinity River levees, and made a bundle of money). It is their cultural DNA to believe that the higest and best use for the river is to manipulate it to pave the way – in this case, literally – for private development….If only the rest of us would cooperate by giving away part of our river park for free to build the toll road, the people who own land in the industrial district will redevelop it with swanky lofts and eateries and such.”
Victoria Loe Hicks, October 26, 2007
Formerly Covered The Trinity River for the Dallas Morning News
__________________________________________

“The Army Corp has approved all of the environmental and safety aspects of the toll road.” (It had/has not.)

Mayor Tom Leppert
During a Trinity Tollway Debate, Fall, 2007

JC says:

Dude, at spell "alleged" correctly. Especially if you're going to use it so much.

Coopdizzle says:

Rhino, for someone that talks so much shit about the observer and its blogs, you sure are on here posting a lot.

Rhinosaur says:

I don't talk "so much shit." I don't blog in order to kiss ass, I like to comment and see what other people think.

This is a place for opinions and feedback, if you don't like mine that's fine...get in line. But being critical of me being critical? Odd.

I think the Observer spends a bit too much time on the DART mess, and I think Richie is a too negative about the Kidd trade and won't let it die. They have a right to make DART and Kidd every topic if they won't, but as long as they are taking feedback, and I feel like it, I'll post my opinion.

Now...in true blog fashion...comment on the story and don't attack other bloggers because you have some personal beef with them.

Coopdizzle says:

Sorry Rhino, you are still a douche.

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