Travis County Commissioners Court
May 10, 2005
Executive Session Items
34. 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. 35. Receive briefing from county attorney regarding settlement offer received and take appropriate action in kyle and sandra kincaid v. County of travis and rgm contractors, in the u.s. District court for the western district of Texas, Austin division no. A05ca226 ly (1983 fifth amendment takings). That's the consultation with attorney exception to the open meetings act. 36. Receive briefing from county attorney on options for satisfying judgments against roel zamora dba aaa bail bonds in favor of the state of Texas, and take appropriate action. That's the consultation with attorney exception to the open meetings act. 37. Receive briefing from county attorney and take appropriate action in michael galbert v. Officer castillo et al. That's the consultation with attorney exception to the open meetings act. 38. Receive legal advice and take appropriate action on request from city of Austin regarding county owned property located on tannehill lane in Austin, Texas. That's the consultation with attorney exception to the open meetings act and real property exceptions to the open meetings act. 39. Discuss and take appropriate action on contract with republic of Texas biker rally for 2005 event, and request to negotiate long term contract after 2005. That's the consultation with attorney exception to the open meetings act. 40. Receive briefing from county attorney regarding status of management agreement of the farmers market with rylander investment co. Consultation with attorney. 41. Consider development and epair claims received from tenants at the farmers market, and take appropriate action. Consultation with attorney. And 42. Consider and take appropriate action regarding an opportunity to lease or purchase real estate in south central Austin -- south central Texas, posted under the real estate exception to the open meetings act. We will discuss these matters in executive session. But will return to open court before taking any action.
we have returned from executive session where we discussed -- we have returned from executive session where we discussed the following items. Number 34, excessive force claim against michael botello, I move that we that's right the $15,000 counter offer to settle, reurge it.
>> second.
>> any discussion? All in favor? That passes by unanimous vote. On 35 the claim received from claimant's settlement offer received in the kim and sandra kincaid versus county of travis and r.g.m. Contractors, I move that we reject the offer.
>> and the counter?
>> right. Just reject the offer.
>> second.
>> unless they --
>> I just wanted to make sure that --
>> this matter proceed.
>> accordingly.
>> accordingly. Discussion? All in favor? That passes by unanimous vote. Number 36 the -- the matter involving roel zamora, dba triple a bail bonds, submit a minimum bid in the amount of $57,000 in behalf of Travis County.
>> second.
>> and that if the county becomes owner of this property, that we put it back on the court's agenda to decide how to proceed in the future. Any more discussion?
>> judge as a friendly, we are only looking at one bid, if we get outbid we are done, is that correct?
>> right.
>> just making sure.
>> all right. That's what I was thinking.
>> silent auction clause.
>> all in favor? That passes by unanimous vote. 37 we did get advice from council, we will have it back on the agenda next week. Any action required today?
>> I thought we were going to offer something on that one, judge.
>> yes, it's the 5,000.
>> oh, yeah. I see the reason why. Move that we offer to reimburse Travis County the sum of $3,984..85, plus $12 and if you add those together, that ought to be just under $4,000 and I move that we offer to pay mr. Galbert the sum of just over $1,000 so that the total of those three figures are 5,000 bucks. In an effort to settle this matter. And that we have it back on the court's agenda next weekend in the event that there is a -- an update that the court needs to get.
>> second.
>> any discussion? All in favor? That passes by unanimous vote. 38, the matter involving the county owned property at tannehill lane, I move that we authorize staff to report back to the city of Austin that we are agreeable to either swapping this county-owned land for the land that the Travis County expo center currently sits on, and if the swap is carried out, then we would continue to use that as parkland and meet the other requirements of the -- of the bond covenants. Or that we would be agreeable to entering into a long-term lease with the city so that they can comfortably make the improvements that they anticipate on tannehill.
>> i'll second that, judge. Would we also want to make sure that any kind of extension of the lease would get commiserate extension of our lease as well out at expo?
>> I’m not sure what kind of lease the city had in mind. I would think --
>> theirs is 2011 and five plus five. And if they get some kind of big extension there, that's kind of getting it into the range of where we would like to be on expo. In terms of a much longer lease.
>> but if they choose the long lease option, over the swap, then I would -- I thought that we would have plenty of time to negotiate specifics. But I certainly think we ought to try to end up at roughly the same spot.
>> yeah, yeah. We can both get super extensions on our leases, agree to a swap, mutual benefit for both.
>> that motion is friendly. Discussion? All in favor? That passes by unanimous vote. Number 39 involving the republic of Texas biker rally contract at the expo center, move that we approve the contract that was proffered in the amount of 30,000 and that we indicate to the rally representatives that we are agreeable to negotiating a long-term contract immediately after this year's rally, which will be first part of June. That at the appropriate time the court will designate a subcommittee to negotiate with them and that the best way to proceed is probably us responding to a wish list or a list of items that they would like to discuss.
>> and we would like to discuss.
>> right.
>> mutual lists.
>> second by somebody?
>> second.
>> discussion? All in favor? That passes by unanimous vote. Number 40 involving the farmers market. We did get an update, we need another one next week. We will have this back on 5-17.
>> some conversations need to occur. The county attorney is aware of what internal conversations we need to have.
>> 41 is in a similar posture. We need to try to refine the claims that were presented to us, mull over them between now and next week, get a further discussion of contract revisions and receive different additional legal advice, be prepared to take action next week. So we would postpone item 41, also, to may 17th, 2005, anything else necessary today on this item.
>> I don't think so.
>> and number 42, which involves the lease possibility on real estate in south central Austin, I move that we simply authorize the appropriate county staff to continue lease negotiations and an option to purchase the real estate in question that we would have this back on the court's agenda next week in the event that follow-up action is required.
>> okay.
>> second.
>> all in favor? That passes by unanimous vote. Another item that we discussed 6 b. That I understand we have gotten an update on. Move that we reconsider 6 b. This morning we said that we would postpone it.
>> second.
>> discussion?
>> judge, I have --
>> all in favor? To reconsider? That passes by unanimous vote.
>> i've had my office inquire from just about everybody concerned from the constable's office, the j.p.'s office, nelda's office, I think that everybody is in line and ready to go. I know that the merchants and people that are helping pull this event together the 3rd is the date that everybody is ready to go forward with. I mean now that I have talked to these folks, I think that everything is ready to go for us getting that third date set. But I would move that -- so I would move that's what we do.
>> second.
>> any issues with that?
>> no, I still can't make it. So ...
>> was that your biggest deal is that --
>> my biggest deal was to get an e-mail from the offices saying here's the date, and it just didn't go through any kind of process and it's like oh, gee, too bad, that's not a date we can make and I try and make as many of these openings as possible and I have enjoyed the ones in precincts 1, 4, 2 and it just was like to be told that's the date and then people scurrying around after the fact saying oh, I guess we didn't check with the Commissioner's schedules which is like right. It's just, you know --
>> I apologize for that. I didn't know that I was supposed to do that with all of the Commissioners' offices, we have just worked with all of the folks out there in the oak hill area, but I mean, you know, i'll live and learn. I'll know next time.
>> it's a Commissioners court project.
>> decision instead of the belonging to each one of us individually.
>> I appropriately got fussed at when I didn't do the appropriate checking with other offices setting of something and made sure in the next four things that I wound up doing that I big time checked around because it's not appropriate to --
>> then I accept the blame on that, I mean, if that's the case. But give very much that we have so much going on -- given that we have so much going on to try to get this thing opened, so many people have arranged their schedules for this. I apologize Commissioner Sonleitner, I will make sure that you -- that all of the people up here on the dais know, i'll run it by people from this point forward, anything that we do, I would agree.
>> do you feel a lot better?
>> I sure do.
>> we will do a cutoff for you, set you up there. [laughter]
>> I’m like -- Karen, that's not how we do things it's like okay, back at ya.
>> thanks.
>> okay.
>> all in favor? That passes by unanimous vote.
>> all right. Thank you, Commissioner, for being big hearted about it. Any further business today?
>> move adjourn.
>> second.
>> all in favor? That passes unanimously.
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Last Modified:
Wednesday, May 11, 2005 8:12 AM