Travis County Commissioners Court
February 15, 2005
Executive Session Items
34 is to approve or reject proposed farmer's market lease agreement with origami incorporated, d/b/a brentwood ta vern. That's consultation with the real property exception to the open meetings act. 35, approve or reject proposed farmer's market lease agreement with danny wright and garland earls, d/b/a danny's barbecue and catering. That's the consultation with attorney exception to the open meetings act and real property. Y'all are here on that one, right?
>> yes, sir.
>> it may make more sense for us to hear you right now. We probably need to hear your comments right now. Do you want to come forward? That's item number 35.
>> thank you. My name is dick fishoff. I operated dickey's barbecue headquarters at the farmer's market. I'd like to call your attention to important legal matters about the document you're about to vote on today. I did receive a copy of that particular lease that was turned in by rylander investments. And upon looking at the very first page, the building number b that they're asking you to okay is in fact I believe currently under lease with the county to hill country nursery. It is not the correct building. Hill country nursery, building number b mentioned in section 1.05 is in fact 170 square feet, not 800 square feet as mentioned. There is a large consideration about the very next section where the 1700 base rent has risen from $1,100.13 months ago. That's a 60% increase in rent at the county's market there. It's astro no, ma'am kel. Each person has signed a lease in the last 13 people and four people have gone up $200. No one had been able to a-- will be able to afford to be there any longer. And the next section is completely out of line as far as the $25 a month. The math never works on that particular part as all. I'd be happy to go through it. And then I noticed also that it appears that neither of the parties with danny's barbecue had dated their signatures on this particular lease. So they've signed, but not dated it. So it's the wrong building, wrong square footage, wrong dollar amounts, and no signatures. And then I also have a very strong concern because I feel like we have legal ownership of that property and the county has been very concerned about the liability and such on that property. And I'm concerned now also because my equipment is in the building and there have been three fires at that building in the last five years. Two of which I was involved in. One of them was with the fire department had to come to put out the fires. And then within the last 90 days, mr. Rylander told me he had smoke fill the building and had to put out a fire on the stove. There's some real concerns about protection of my equipment at that site. I've got more, but I think i've probably mentioned enough. It's the wrong building and wrong square footage.
>> thank you.
>> thank you very much.
>> 36 is to receive briefing from county attorney and give direction and/or take appropriate action in settlement offer regarding terri d. Flemings. That's the that's the consultation with attorney exception to the open meetings act. Act. 37, receive legal advice on county rule making authority on matters regarding subdivision regulations under sb 873 and other statutes and take appropriate action. That's the consultation with attorney exception to the open meetings act. 38, consider and take appropriate action on request to determine value of 4.39-acre tract of county land at 4001 state highway 620 for the purpose of calculating annual rent for the solid waste transfer station located on the tract. Consultation with attorney and real property exception to the open meetings act. 39 is to consider and take appropriate action to appraise a proposed acquisition of easement rights at or adjacent to bob wentz park located in precinct 3, consultation with attorney and real property matters exceptions to the open meetings act. We'll discuss these matters in executive session, but will return to open court before taking any action.
we have returned from executive session where where he discussed a few items, but not all of them. And we will have to go back into executive session this afternoon to try to finish our discussion. Of executive session items.
well we started executive session early this morning. And we discussed number 34. And 35. And 36. We did not discuss 37. Which is receive legal advice on county rulemaking authority on matters regarding subdivision regulations under sb 873 and other statutes, and take appropriate action. That's posted under the consultation with attorney exception to the open meetings act. 38. Consider and take appropriate action on request to determine value of 4.39-acre tract of county land at 4001 state highway 620 for the purpose of calculating annual rent for the solid waste transfer station located on the tract. That's posted under consultation with attorney and the -- the real property exception to the open meetings act. I think those are the only two that we need to discussion. We will discuss those in executive session, but we will return to open court before taking any action.
we have returned from executive session where we discussed the following items: 34, which involves the farmer's market lease agreement with origami incorporated, d/b/a brentwood ta vern.
>> judge I move that we approve the proposed lease with origami.
>> second.
>> discussion? All in favor? That passes by unanimous vote. 35 involves the lease with danny's barbecue and catering. We did touch base with mr. Rylander. A couple of things need to be corrected there. Commissioner?
>> judge, I move that we reject this lease agreement and that the specific problems that are still with the lease be pointed out to mr. Rylander, but that in anticipation that those will be fixed, that this item be reposted with this language on next week's agenda.
>> second.
>> discussion? All in favor? That passes by unanimous vote. Number 33 involving the lawsuit by terri flemings, Travis County employee.
>> I'm fine with our offer.
>> let's leave that with it is and see what happens. Have it back on next week just in case. So no action today. Let's tell him to go ahead and do some more discussions to see if it will help. If there's nothing new he doesn't have to come down. If there's something new to share with us, he may as well. We did indicate that 37 is a follow-up discussion, so we'll have it back on next week also. 38 we do have a committee with a court member negotiating with the lessee on that one, so if y'all continue to do that, we'll have it back on next week?
>> next week. And I will have discussion with Texas dismoas al testimony. -- disposal system.
>> and on 39, which involves the consideration of an appraisal easement rights at or adjacent to bob wentz park... Mr. Parcel?
>> can we wait for a motion? Because bob, then you'll know where folks might be headed on this. Can we get a motion out on the table so we can have some discussion?
>> we'll be right with you.
>> no vote, just a motion on the table.
>> we're just talking about the appraisal as we told you we would do. Have a seat there and let's get a motion.
>> okay, fine.
>> judge, I would move that we approve Travis County to move forward with an appraisal with the acquisition of the easement rights that mr. Barstow owned that is part of the lcra property that we manage as the bob wentz park. I understand that lcra has agreed in sharing the cost of that appraisal 50/50 with Travis County.
>> second.
>> mr. Barstow?
>> I would like to amend what I said this morning with this comment in that I would ask that it be included in the record of your executive session together with the letter that I gave you a copy of. And here's what I would like to amend and add to that. And it's brief. It may not be prudent to take a competitor's property that is already in public park service. A meaningful appraisal would be of lost profits due to the causeway and my inability to use the easement for swimmers. A separate solution and one that would not cost anyone any money might be to trade the lease and the land that Travis County has and the land that it bought in reliance on the lease to the lcra for other land. Then you could start a park somewhere else and we wouldn't have this conflict and the lcra and I could go on and get this thing resolved and start over just from the beginning. Seems to me like that might be the very simplest and most cost effective thing to do. I am, of course, opposed to selling any part of my land as all of it is essential to public use of my park. Thank you. Any questions?
>> any questions?
>> no. Thank you.
>> okay.
>> before we vote, let me just say ahead of time, I am not going to be voting to do this because I think the words of mr. Barstow basically make it very clear we are not of two minds going into an appraisal process, we are not going to be of two minds at the end of an appraisal process, and I don't think we are of two minds in terms of Travis County leaving and starting all over. So I would find this to be an exercise in futility, and I will not be supporting this motion.
>> any more discussion? All in favor of the motion? Show Commissioners Daugherty and yours truly voting in favor. Those against, Commissioner Sonleitner and Commissioner Davis. So that motion fails. I'm sorry, Commissioner Gomez. Commissioner Davis was absent for the entire meeting. There being no further business today,.
>> move adjourn.
>> all in favor? That passes by unanimous vote.
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Last Modified:
Wednesday, February 16, 2005 8:38 AM