Travis County Commissioners Court
April 26, 2005
Executive Session Items
Number 40, receive briefing from county attorney and take appropriate action regarding excessive force claim against michael botello. That's the consultation with attorney exception to the open meetings act. 41, receive briefing from county attorney and take appropriate action in murray et al versus earl at all, number 5-02-ca-252-ss. That's the consultation with attorney exception to the open meetings act also. 42, receive briefing from county attorney and take appropriate action regarding the matter in the matter of the application of magna flow international incorporated, permit number wq 0004484, tceq docket number 2005-0199-slg. That's the consultation with attorney exception to the open meetings act. We probably ought to save 43 to this afternoon at 1:30. 44 is to receive legal advice and take appropriate action on issue regarding the timing of release of certain information provided in response to the rfi/ r.f.p. On the collection of delinquent taxes. That's the consultation with attorney exception to the open meetings act. 45, receive briefing from county attorney and take appropriate action regarding taking impact assessment requirements associated with section 82.203-a-4, Travis County code. That's the consultation with attorney exception to the open meetings act. 46, consider and take appropriate action regarding the opportunity to lease or purchase real estate in south central Austin. That's the real estate exception to the open meetings act. 47, receive briefing from county attorney and take appropriate action regarding compliance by Texas disposal systems landfill incorporated with the terms of the license agreement for the solid waste transfer station facilities at 4001 state highway 620. That's posted under the consultation with attorney and the real property exceptions to the open meetings act. 48, discuss and take appropriate action on contract with republic of Texas biker rally for 2005 event. That's the consultation with attorney exception to the open meetings act. And we will not announce a-1. We will save that one for this afternoon and that involves the american fireworks project. We will discuss the items that we announced as many as we can between now and about 11:00 o'clock, but will return back to open court before taking any action.
we have returned from executive session where we discussed about four of the items that we announced. We will have to go back into executive session this afternoon to finish the announced items and a couple of items that we did not announce, and in my view it's probably appropriate to take motions this afternoon.
in addition to the two items that we have already discussed, we will discuss the following items in executive session. 42. Receive briefing from county attorney and take appropriate action regarding in the matter of the application of magna-flow international, inc., permit no. Wq0004484, tceq docket no. 2005-0199-slg. Posted under consultation with attorney. 43 we have already announced. 44. Receive legal advice and take appropriate action on issue regarding the timing of release of certain information provided in response to the rfi/rfp on the collection of delinquent taxes. Posted under consultation with attorney. 45. Receive briefing from county attorney and take appropriate action regarding taking impact assessment requirements associated with section 82.203(a)(4), Travis County code. 48. Discuss and take appropriate action on contract with republic of Texas biker rally for 2005 event. Consultation with attorney. We will discuss these items in executive session. We will take -- announced a 1 already, that's the first one, right? Yeah.
>> I have an item [indiscernible]
>> we will need an item posted specifically for you. I looked at the information you gave us. It pertains to a whole lot more than --
>> [indiscernible]
>> that's probably mine.
>> gas line [indiscernible]
>> we do have --
>> [inaudible - no mic] I have an itemized, I don't think I sent an itemized list before.
>> we will not be able to address all of the specific questions today.
>> the big one is who pays for this? And the second one is what -- how do we address your inability to use the premises that you have been leasing, since whenever that time was triggered. And the question is have and you all -- the question is have all of you all paid rent during this period? The question is what to do about that. I think we need to get with you individually and list some of the other things on your list. The last one, we will not be able to do today. When I suggested four to five minutes to an hour, I was talking about the two that we took testimony on. Plus the other three or four.
>> i'll throw a question in there, too. If indeed our leases are between Travis County and with these individual tenants, whether we have the authority to lower your rent.
>> okay. Can I ask a question before you depart also from the four that are here that have made plans in one way or another, has anyone paid in advance their may rent?
>> we do pay on time, so it's coming up soon.
>> we need to get clarity on that so you're not in a breach situation.
>> okay.
>> we will hopefully see you soon.
>> thank you.
we have returned from executive session where we had an opportunity to discuss the following items: a 1 involving the american fireworks request for authorization to construct a commercial building without the need to comply with international fire code. I move that we indicate our determination that the international fire code does apply. That construction of the driveway on the adjacent property was not sufficient. And that we direct county staff to work with mr. Davis to meet the appropriate water supply requirement. Any more discussion? This is a kind of complicated matter, but I think when it gets down to the ultimate question, which is basically when the construction of the building exists or for that matter complied based on the relevant testimony, it seems that construction of the type that we have in mind for an existing building still has not commenced. Discussion? All in favor? That passes by unanimous vote. Number 43 involving the need for broken natural gas pipes at the Travis County farmers market. I move that we indicate the court's intention to negotiate with the county's agent, hill rylander, an approach that achieves the following results: number one, for Travis County to pay for the necessary expenses. Expenses -- expenses to repair the gas line. Number two, that we seek reimbursement from the agent from proceeds that the agent receives from the tenants. Three, that we negotiate rent concessions that might be appropriate for the affected tenants. That this matter be back on the court's agenda Tuesday of next week, which is may 3rd. We basically encourage the tenants not to pay rent until next Tuesday. Now, the contracts require that the rent be paid on the first of the month, but we did notice that rent is not late until the third of the month. This will be one of the factors that we negotiate with mr. Hill. That fourth, we ask our facilities management department to attempt to work with the city of Austin to expedite, facilitate any permit requirements to enable the tenants at the property to start using their premises for the purposes intended in the lease agreement. That we also look at the need for, I guess what I would call the inside gas repairs necessary to get the permit from the city of Austin and see what, if anything, Travis County might do. The other thing is to put the other parties -- the other parties to put the Travis County attorney's office on notice as to the need for settlement documents. This is intended to deal with the big issue, the gas lines that are in need of repair. I understand that various tenants may have other specific claims and demands, etcetera, so this leaves open the possibility of dealing with those at a later time.
>> and also, judge, I think it's jason -- I don't remember your last name -- we need to get a final invoice for the repairs that have occurred to the gas line within the common area. And I think he talked about wanting to, needing to prepare a final invoice, but I think the dollar amount was mentioned of 10,000.
>> $10,000 is what he said, but we need specifics of that. The other thing is attorney john hilly would be the Travis County person on this, so we need to make sure he gets the specific information that you're directing to the court. It would be good and he would be able to factor that information into negotiations between now and next Tuesday. We will do all we can to expedite negotiation. Of course, that turns on willing cooperation of the affected parties. We will get as much done between now and next week as we can. Now, the contractor has been compensated in part, so part of this will be to figure out how to exactly get him paid in whole and I guess the tenants reimbursed what they have paid or advanced already for that. It's kind of a long motion, but I think -- I hope you see the drift of it.
>> second.
>> if you asked me for a copy, I would ask our clerk, who has been resting for the last two hours during executive session to give us a copy of it. Any more discussion?
>> just one thing just to make it really clear. We specifically looked in the leases to see when the may rent is due. It is due on the first, but it is not late until the third. So the third is a key date here. We meet again on the third, so you've got until the third to pay, so that is the safe place to be is not to pay the may rent before that date. It's lovely. You can tell him that according to my lease, i've got until the third. See you on the third.
>> john will be the county point person. Commissioner Sonleitner will have control of the leases. [ laughter ]
>> I?m the mean one.
>> what we'll be able to do also is if you would phone us at 1:00 or so Monday afternoon, we will try to estimate about what time we will reach this item on Tuesday and hopefully come a lot closer than we did at guessing how long the executive session would be today.
>> and I think on may 1st that you guys aren't even open for business anyway, so if he came knocking on the door on Sunday, you wouldn't be there. Come on, be helpful here. [ laughter ]
>> okay. Those were the big items that I thought we would just take of right quick because there were residents here who had been baiting for quite may time. 40 involves the claim -- sorry about that. Discussion? All in favor? That passes by unanimous vote. Thank you for your patience. We'll try to help you work through this. 40 involves the claim against michael botello. We did get a briefing. No action required today. In my view we did have a counteroffer out there. The county attorney is commencing discovery. Maybe we'll give that a week or two to get on down the road.
>> we need to see whether a counter is appropriate at this time.
>> in fact, maybe we ought to just put this back up for the -- that would be the 10th -- and see if there's been any movement or change of opinion on that.
>> right.
>> 41 is the murray claim. We did get updated and it is good news, but the matter may not be over yet because another settlement opportunity exists, but we ought to take a moment to thank elaine and mary anne who worked on the appellate brief and did argument, oral argument before the fifth circuit court of appeals and the news for Travis County on this matter. It's good news. Anything else? They did an outstanding job. Let's express our appreciation. Number 42 involving the magna flow international incorporated permit application before the Texas commission on environmental quality.
>> judge, I would like to move that Travis County sit at the table in a mediation posture before the tceq on the application of permit number wq 0004484, magna flow international, inc., but only as a -- only as far as mediation is concerned. I understand that this will not have any anything to do with the position that the county has taken as far as the support of this particular process being taken to a contested case hearing. And with that I would like to ensure that john kuhl, staff with tnr environmental officer, be sitting at the table along with the neighborhood association, that's fox springs neighborhood association, to sit there at this mediation effort. I understand that if there is any parties that do not agree with the particular mediation process, then, of course, things I guess will go forward. But I just do not want Travis County to be used by anybody by not sitting at the table. Although personally I do not support magna flow, inc. Being located at this particular area and wanting to operate in this particular area, but in the interest of Travis County, I think we should sit at the table since we were requested by the tceq to do that. I definitely do not want the neighborhood to be exclude out of this process. I think they should be involved with the rest of the parties in this process.
>> should we take the representative up on his word to go back to the neighborhood association and encourage them to --
>> yeah. Go back to the neighborhood association for sure. That was brought up also.
>> second the motion. I think I understood the motion to be participate in mediation, along with the neighborhood association before any kind of compromise can be approved, it has to come back to Commissioner court. Discussion? All in favor? That passes by unanimous vote. Thank you very much. Can we get language on 44, the matter involving the release of certain information provided in response to the rfi/ r.f.p. For collection of delinquent taxes?
>> move that we delete language in the document pertaining to keeping information secret until after a contract is awarded and substitute the following language. And this will be in part 1, section b, the full paragraph is deleted and replaced with the following. Travis County cautions firms that responses to this rfi may become public knowledge, period. In the interest of full and open disclosure, information received will be made available for review for copying for anyone making a public information act request to the purchasing office. And that public information act has in parenthesis, quote, the act, end quote. All information submitted would be subject to disclosure pursuant to the act and may be released. The county will not, however, release any information confidential pursuant to section 552.101 of the act. And the date will remain unchanged, April 28th, 2005, 2:00 p.m. And if this passes, we would ask the purchasing agent to get the information to interested firms, parties, etcetera as soon as possible. Any more discussion? All in favor? That passes by unanimous vote. And am I free to give this to the -- so she will have the exact information that we acted on? Number 46, and we'll go back and pick up the other one, is basically the opportunity to lease or purchase real estate in south central Austin. The motion is as follows as provided by -- I?m sorry, what did I say, south Texas? South central Austin. That makes a little bit of difference there, y'all. It is, one, to direct county attorney to prepare documents, noakt legal language with -- negotiate legal language with seller's attorneys. Two, direct investors' alliance to notify seller that business terms are agreeable. Three, to direct staff to work on with pbo and county attorney on financial items. And four, place on Commissioners court agenda may 10th, 2005 for further directions and action. Discussion? All in favor? That passes by unanimous vote. And we'll give that to her also in case she needs it. Thank you very much if your patience. Sorry to take so long.
>> we learned a lot.
>> thank you.
>> 45 regards the impact of -- the taking impact assessment requirements associated with section 82.203-a-4, Travis County code. Move that we ratify the action taken on March 15th by the Commissioners court regarding adoption of 82.203-a-4.
>> second.
>> any discussion? All in favor? Show Commissioners Sonleitner, Gomez, Daugherty, yours truly voting in favor. Voting no, Commissioner Davis. We did get an update on 47. Any action need to be taken today? Part of the motion last time was for county staff to start negotiating with mr. Gregory to get an appraisal done for lease and/or sale of this property so we would have the exact value and to informally chat with mr. Gregory about trade options and possibilities.
>> I think anything that we talked about related to a lease -- about a sale or a trade was not limited to mr. Gregory. It could be other parties.
>> that sounds good to me.
>> I?m just making it clear.
>> any further action today? Then we don't need a motion or anything. 48 is the Texas biker rally for 2005. That was by the republic of Texas. We did give staff directions as kind of a follow-up conversation, discussion. Let's have it back on the court's agenda may 3rd in the event we have a contract to review and act on. And I believe that does it for today.
>> move adjourn.
>> [inaudible - no mic].
>> move adjourn.
>> second.
>> yeah, I think we did. All in favor? That passes by unanimous vote.
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Last Modified:
Wednesday, April 27, 2005 10:52 AM