Travis County Commissioners Court
August 30, 2005
Executive Session Items
We do have several significant items for executive session discussion.
>> judge, excuse me. We would request to go ahead and roll over 42 and 43, real estate items, from executive session.
>> 42 and 43?
>> yes.
>> till next week?
>> yes.
>> that's September 6th? And we were previously asked to postpone 47 one week by the county attorney, I think, the demonstrations item. Okay. Now, 40 is to receive briefing from county attorney and take appropriate action on settlement demand and request for expert witness in michelle fought versus Travis County et al. 44, receive briefing from county attorney regarding proposed mediation in Travis County versus codera co-lar and take appropriate action, including that designated with a representative from Commissioners court regarding Travis County medical examiner's facility. Do we need to take into session the salary for elected officials item for legal advice? All right. Can somebody called ronnie earle and tell him exactly what language there is for him?
>> hold on.
>> okay. 45 is to receive legal advice and take appropriate action on request from burnet county Commissioners court for refund of $1,800 for fee paid on autopsy performed. 46 -- by the way, that's the consultation with attorney that last one, as was 44. And 40. So the three items we've now had so far have all been under consultation with attorney. 46 is receive briefing from county attorney and take appropriate action in entertainment by j and j incorporated versus rufino cornejo and lukemer certify, constable, precinct 1, that's consultation with attorney exception. 48, receive briefing from county attorney regarding claim against harley davidson, incorporated and take appropriate action. Consultation with attorney. 49, receive legal advice on proper use of the fy '06 budget agenda worksheet. Consultation with attorney. And a-1 is to receive briefing from county attorney and take appropriate action regarding the matter of the application of magna flow international incorporated, permit number wq 04484-000, tceq docket number 2005-0119-slg. That's the consultation with attorney general exception to the open meetings act. And we will also discuss in executive session under the consultation with attorney exception to the open meetings act the item involving the elected officials' salary, and that item is number 37. Consider and take appropriate action to set elected officials' salary for fy '06.
>> [inaudible - no mic].
>> yeah, I think we do. And 32, consider and take appropriate action on recommendations from outside consultants administrative review, including staffing of medical examiner's office, that's consultation with attorney exception to the open meetings act also. And that we announce that we would discuss the Travis County economic development program policy including tax abatement and rebate. That's 39. As well as proposal for the basic terms of agreement with samsung for economic incentives under the economic development program, just in case we need it, and those two parts of 39 would be under the consultation with attorney exception to the open meetings act also. We will discuss those items in executive session, but will return to open court before taking any action.
>> I want to make sure we don't forget that plat.
>> okay. We'll discuss that in there and see.
we have returned from executive session where we discussed the following items. 39 b the Travis County economic development program policy. Move that we approve the draft, approve the program policy that we discussed today with the changes that we discussed also.
>> I will second that, judge. There's a little typo, marietta has given us three pages that are being rolled into the big agreement but these are consistent with what we talked about earlier about what agreement are you getting, proper names and spellings and then the 4/4ths vote, which -- 4/5ths vote, keeps the environmental provision for full disclosure in the not waiverable section. But there's an out.
>> do we have the original of that? The --
>> the revised document? With the changes, with the corrections?
>> [indiscernible] I was waiting for your approval to do the changes.
>> does the whole court sign that?
>> no, the whole court will sign the resolution and I will get originals done in the morning. The policy they don't have to sign.
>> okay. And -- and by approving this we will circulate that tomorrow morning.
>> I will do an order adopting that chapter for the code. That will be with it. So the authorization to sign that order will go along with this function.
>> and -- and we need to approve the resolution of -- of county election to become eligible to participate in tax abatement and --
>> we have already done that one.
>> we have done it already?
>> that was one, that was the a part. We did that.
>> we did the a part.
>> okay. I have a copy. Do I have the original of that document.
>> I will bring you that, also.
>> okay.
>> and the other two things --
>> b we just had. We didn't vote -- was there a second?
>> yes, sir.
>> all in favor? That passes by unanimous vote. And on d, I think we discussed this morning trying to get a draft samsung agreement prepared and delivered to the greater Austin chamber of commerce by 5:00, day after tomorrow, Thursday, which is September 2nd?
>> 1st.
>> 1st.
>> September 1st. Okay.
>> I will also be in contact with their attorney, would it be appropriate to also send him a copy of that?
>> I believe so.
>> okay.
>> I think that would be good.
>> again, I’m happy to be a set of eyes to --
>> right.
>> to copy read.
>> thank you.
>> anything else that we need to do on 39? That takes care of it, doesn't it?
>> he with already did the c -- we already did the c part for home depot.
>> okay. Number 40, involves the michelle faught. I move that reject the counter to offer counter offer and authorize the county attorney to hire the appropriate experts.
>> second.
>> discussion? All in favor that passes by unanimous vote. 41 we did not announce and did not discuss, but we did discuss it last week. This is a matter involving the litigation that draws Travis County and the I bank. I move that we authorize the county attorney to join the appropriate third parties in this case, specifically the I bank. They are a necessary party anyway based on how we have carried out this function historically. It would be almost impossible to litigate without them, wouldn't it? That there's an indemnity clause in the contract, the county attorney says, which means that he really should be a party -- they really should be a party to this. Second? Discussion? All in favor? That passes by unanimous vote. We did not discuss 42 and 43, which were postponed until next week. Number 44 involving the Travis County cotera mediation, move that we request, if he does not accept dan mansour to direct Travis County in this mediation [laughter] discussion? All in favor? That passes by unanimous vote.
>> sorry, dan. 45 is a request from burnet county for a refunds of $1,800 for a fee paid for an autopsy. I move that we authorize the county attorney to draft the appropriate release and settlement agreement, that the county judge be authorized to sign that document, and that the county judge be authorized to notify by telephone the county judge in burnet county that the pathologist who performed this autopsy is no longer with the -- with Travis County, has been gone more than a year, that based on the circumstances notwithstanding the fact that we probably earned that money and did the best we could, given the condition of the cadaver delivered, we will agree to go ahead and refund the $1,800.
>> asap.
>> asap, right. The county attorney will take a few days to draft the appropriate document probably. I will make the phone call tomorrow morning, hopefully this will get this matter behind us.
>> second.
>> discussion? Will that cover it? Do you think we need to do something more? All the county attorneys are looking around like somebody else is drafting the document. [laughter] one of you all will draft this, right.
>> > it happen.
>> we will draw straws.
>> all in favor? That passes by unanimous vote. Number 46 the matter involving j. And j. Inc., move that we authorize the county attorney to hire the appropriate expert in this matter.
>> second.
>> discussion? All in favor? That passes by unanimous vote. We did not discuss 47, that was postponed. We did discuss 48, let's thank mr. Laveter, is that a close enough pronunciation of his name, for his outstanding work in this matter. And no action is required today, right?
>> right.
>> we did receive legal advice on 49. No action required. Thanks to the county attorney for updating us on the legal standards required there. And that was -- there was one other matter that we discussed, that was the medical examiner's office probably no action in court. We did bless some actions already underway. Probably ought to keep this on executive session for next week just in case there's follow-up action required. And that basically involved the -- the staffing for the medical examiner's office, flowing from the outside consultants's report and otherwise. I believe that does it for today, doesn't it?
>> move -- a 1.
>> two more then. A 1 is the magma flow international permit with tceq, Commissioner Davis.
>> yes, judge, I would like to move that we authorize the county attorney to submit the settlement agreement to the neighborhood association for the signature and that we authorize the county judge to sign the settlement agreement if the neighborhood association signs the agreement. And that this agreement be submitted to magna flow international, inc. And the conditions of the settlement agreement basically is for them to discontinue its operation at the current site on or before December 31st, the year 2007. And that they do not seek a new permit at the currents site where they are operating today.
>> or anywhere in Travis County.
>> pardon me?
>> or anywhere in Travis County.
>> all right. That really hasn't been one of the terms.
>> that wasn't the terms.
>> that was discussed.
>> but anyway, there's a hint in case you try to come up with something.
>> thank you, Commissioner Gomez.
>> the last part taken as a hint.
>> as a hint [laughter]
>> second that motion. Discussion? All in favor? That passes by unanimous vote. Thank you, county attorney for the outstanding work in that matter. And finally, today, there is item no. 37, the elected officials salaries. For fy '06. We did talk with the district attorney who wishes to provide us additional information and who requested that we not take action on this, on his salary today. He is willing to execute whatever is necessary to get us over the item that requires action for the other elected officials today. So we will have this back on the court's agenda next week, just his salary.
>> to make it a little bit clearer, he is going to be waving his right to the grievance process so we do not have any kind of negative impact related to the legal schedules. But he wants to reeducate us with some stuff, we will waive his right to a grievance.
>> there are other elected officials, though. As to the district judges, move that we do option 1, should I read it?
>> probably for -- for --
>> we will give it to the clerk.
>> for the viewing audience you might want to.
>> option one, very quickly, the annual county supplement for the district judges for fiscal year '06 is the difference between the salary set by the state and 132,500. If hb 11 does not become law, the annual county salary supplement is set at $30,800. If hb 11 becomes law, the annual county salary supplement is set at 11,383.33. With 5,133.33 as payable in two equal monthly -- in two equal installments in October and November, 2005. And $6,250 payable in 10 equal installments and each month from December 2005 through September 2006 inclusive.
>> second.
>> are we going to take this with the county courts at law as well or is that --
>> I can do -- I can do -- I can do one motion to cover both, okay?
>> well, is that --
>> in my view, we are in agreement on the county court at law number two?
>> yes, sir.
>> uh-huh.
>> it is that the annual salary for the county court at law judges for fiscal year 2006 is $132,526..86. The annual salary for the -- for the probate judge for fiscal year 2006 is 133,526.86.
>> is that -- thank you.
>> okay, what we will do, ms. Velasquez is give you these -- you have it already, okay. Any discussion? All in favor? That passes by unanimous vote.
>> judge, can I -- can I be shown as voting I think while I was gone y'all voted for the bond.
>> order.
>> order. Show me voting as a yes on that. Because I was gone.
>> it's unanimous.
>> ms. Velasquez smiles as she hears that. A unanimous court, very, very late in the evening on Tuesday, August 30th, 2005. You certainly may, Commissioner Daugherty. Of precinct 3.
>> on item 22 because we didn't get as to all of the issues on the apache shores, is that going to be back on next week.
>> it will be back on next week, September 6th. There is no further business today.
>> move adjourn.
>> second.
>> all in favor? That passes by a unanimous court.
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Last Modified:
Wednesday, August 31, 2005 12:10 PM