Travis County Commssioners Court
April 15, 2003
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Executive Session
I believe it takes us to executive session. We will indicate our intention to discuss legal issues associated with number 4. It is to approve a plat of recording in precinct 3, resubdivision of a portion of lot 3, pale face park phase 1, section b, formal plat -- oops, not that one. Thank you, number 5.
>> number five, not number four. We put number four on consent. Five is to consider purchase of contract with -- approval of contract with rre properties incorporated for the acquisition of approximately 254.3 acres, .53 acres of land in connection with the balcones canyonlands conservation plan and take appropriate action. And the other one was number 20 for executive session, legal advice, approve payment of purchases for air quality testing and cleanup at county leased building. That's the consultation with attorney exception to the open meetings act wls the balcones canyonlands issue. And I think the other that we need to take up are those posted for executive session today.
>> judge, when we going to do number 33? That was the legislative stuff related to the wild animals?
>> the wild animals legislation, and the problem with that, mary et ta said she would give us legal advice on that one. That will be 33-a, discuss legislative issues, including proposed bills, and take appropriate action under the advice of counsel exception. We've been asked to postpone number 38 until next week, 34 is to receive legal advice on claim of richard chittiyo regarding real estate judicial sale of lot 17 block n, buckingham ridge, section 5, a subdivision in Travis County, Texas, or this matter had two legal descriptions, lot 17, block 17 north, buckingham ridge section 51200 clear day, Austin, Texas. That's the consultation with attorney exception to the open meetings act. 35, receive briefing from county attorney, discuss proposed settlement and take appropriate action regarding collection claim of Travis County versus jv evans construction company. Consultation with attorney exemption to the open meetings act. 36, receive briefing from county attorney and tnr department and take appropriate action regarding right-of-way transactions relating to county roadway connections to sh 130. That's the consultation with attorney exception and the real property exception to the open meetings act. 37, consider recommendations for covering functional areas now under executive manager of justice and public safety and take appropriate action. The real -- the personnel matters exemption to the open meetings act. Flai, as I mentioned, postponed until next week. 39-a, receive briefing from -- 39, receive believing from county attorney in Travis County versus el buice, tracy a.suire retail deed and take appropriate action. Consultation with attorney exception to the open meetings act. Number 40 is to receive briefing from county attorney and authorize county attorney to accept, reject or counteroffer for settlement and take appropriate action in the matter of merlin spanky handily versus Travis County, Texas, is it city of Austin, Texas, dina dinwiddie individually and had her official capacity. Casey pink individually and in his official capacity. Gordonberg, kevin mcdonald and richard herring ton, cause number a 02 ca 606 jn in the united states district court, western district of Texas, Austin division. Consultation with attorney exception to the open meetings act. 41 is to receive broafing from county attorney and take appropriate action with regard to claim of dr. Mark karakourtis, m.d., For payment of surgical Karen dered to inmates of the Travis County jail. And the last item that we will discuss in executive session is member 42, consider accepting, rejecting or countering a counteroffer to sell right-of-way for the grand avenue parkway 2001 bond project, parcel number 2, and take appropriate action.
>> judge?
>> that's the consultation with attorney and the real estate matters exceptions to the open meetings act. And?
>> the possible amendment to the health and safety code for the small animals?
>> we did mention that.
>> you did?
>> probably while you were on your way down. We'll discuss these matters in executive session and return to open court before taking any action.
>> back from executive session where we discussed the following items, we discussed number 5, regarding the bcp, and a particular parcel of land that we would like to purchase. Directions on this?
>> with consultation with Commissioner dog at this, I知 happen to be the second related to a purchase contract in the amount of $3.4 million. I don't have the exact number, but there's a 3.4 number. I apologize, we can get the exact number related to the offer for the purchase contract on the property.
>> the understanding is the yellow book...
>> yellow book figure is what we're using,.
>> that is a motion, second by Commissioner Daugherty. We authorize the execution of an order, the firm that we asked to do some air quality mold problem work at the precinct three leased office building, and this exemption order is to get them paid and it will be brought. The final invoice has been received, I take it? [inaudible - no mic]
>> only order? Yeah, we're signing the order right now. We'll talk about deferment up to what amount?
>> the order is a thousand dollars but we don't think it's going to go that high.
>> the exemption order?
>> I知 not going there.
>> okay.
>> can i...
>> I知 sorry.?
>> $60,000 and we do not believe it's going to go that high.
>> okay. This motion deals with an exemption order to pay up to $50,000 under the order, not the other part. I was going to do a second motion with that. Second which Commissioner Davis. Anymore discussion?
>> that's what I need is a clarification, judge. Do you have a second piece of this motion that is going to be coming shortly.
>> I was going to try a motion after this one.
>> I知 glad you didn't, it's okay. You maid the clarity, i'll take this piece of paper.
>> all in favor, that passes by unanimous vote.
>> is there a second piece to your motion, judge, related to the msi piece of this?
>> it's a two-part motion, the first part is that we authorize payment of the remaining invoice of my crow biology specialist, I think is the name, the amount of 6,770.8 #- $3. Second part of this motion is that we draft an appropriate letter to send to the precinct 3 constable basically giving guidelines and advice about how to treat such matters in partnership with purchasing in the Commissioner's court in the future.
>> second.
>> anymore discussion? Commissioner Sonleitner?
>> and I知 not going to be supportive of this motion. I think this has been one of those the nicest way we can describe sit there's some serious lessons to be learned here, but it's 6:06 and I知 going to take it to the other end and that is that I think this thing was seriously botched related to the actions of the constable of precinct 3 and I think it was not done in a spirit of cooperation and collaboration and I would just finally like to say I applaud our new jp 3 who did show what cooperation and collaboration with the Commissioner's court does in terms of handling of this issue. It should not have been done outside the parameters of our lease, it should not have been done without the knowledge and consent of our landlord. It should not have been done on a weekend. Had so many unintended consequences, and guess what, folk, every single one of -- of them happened and we're having to cleanup this mess in many, many many ways so I知 not happy with this one at all and I will not vote for it.
>> anymore discussion? All in favor? Show Commissioner Davis voting in favor. Voting against Commissioner Gomez and Commissioner Sonleitner. Thank you. We did discuss the dangerous wild animals order that Travis County has under 33 a, but no action was taken today, based on conversations that we had, that matter will be brought back to us at the appropriate time in the future. And hopefully we will soon discuss, I think based on the legal advice that we got I know how to proceed, actually in open court today, we discussed item number 36. So no action today. Go ahead and put that item back on for us. We do apologize to staff who have been awaiting a decision from Commissioner's court, item number 37, we ran out of time today, we'll discuss that next week. We did not discuss item number 39. It will be back on.
>> ... $50,000, we agree to pay $77,000 consistent with effort in the meeting requested in number 1 of ms. Bender's memo. That amount is 77,000 that we agreed to remove the pip and any others documents from the personnel file and then we also agreed to pay the difference between 77,815.65 and 150,000, that ought to be 72,164.35, don't hold me to that as I was doing it in head, those should total 150,000 to pick up all other claims and expenses in a exchange for a dismissal of the case in its entirety as to all defendants. Period. And execution of and appropriate release.
>> second.
>> can I get a clarification, that related to the one year of administrative leave that the only expectation is that retirement benefits and retirement benefits only would be paid as part of that situation in that this is being offered as an offer of judgment.
>> that's correct.
>> in terms of a counter.
>> the second paragraph of the one beside it in ms. Bender's...
>> I知 just making sure that we have that in the record.
>> that's clear. Anymore discussion? All in favor? Show Commissioners daughert... Voting against Commissioner Gomez. We also discussed that a counter offer will be made in the form of a motion for judgment.
>> offer of judgment.
>> offer of judgment to the other side. We did discuss number 41. Did not finish that discussion, completed next week, and in the meantime mr. Collins and I -- connelly and I of the county attorney's office will meet with appropriate medical staff from the sheriff's office before next Tuesday to discuss this matter in further detail and hopefully have some kind of recommendation for the court in our next Tuesday meeting so it will be back on the agenda then. Number 42 involves...
>> judge, I would move that we counter with the authorize to go with eminent domain if this offer is not accepted f. We do go the route of eminent domain that we have a consultation with the city of Pflugerville before we move down that path so that we understand what the issue is.
>> seconded by Commissioner Gomez. Any discussion? All in favor. That passes by unanimous vote. [inaudible] 35?
>> that had already gotten --
>> next week.
>> I知 sorry, we postponed that until next week.
Last Modified: Wednesday, April 9, 2003 3:52 PM