Travis County Commissioners Court
October 4, 2005
Executive Session
Now, on the -- it wouldn't hurt to have an executive session on the related item?
>> I think we need to do the executive session discussion first.
>> all right. Let's spend 30 minutes in there. We need to take up 37 this afternoon because we need to hear danny hobby on this item and trimble will be on standby. So number 37 we will take up this afternoon and number 11 related item. 43 is to receive legal advice and take appropriate action on county policy and legal standards regarding speech activities on Travis County property and facilities. That's that's the consultation with attorney exception to the open meetings act. By the way, you need to bring the tape-recorder to the executive session conference room as we are about to convene in executive session momentarily. 44, receive legal briefing on county options in cases where property owners have constructed encroachments in county right-of-way without the permission or knowledge of Travis County. That's the consultation with attorney exception to the open meetings act. And Commissioner Daugherty, why don't we go ahead and announce for executive session just in case we need it under the that's the consultation with attorney exception to the open meetings act number 30, consider and take appropriate action on an appeal of the denial of Travis County basic development permit application, 05-2376. Number 45, receive briefing and take proament action regarding ongoing litigation in congressional redistricting matter. I値l bet our consultant has been notified to come this afternoon.
>> [inaudible - no mic].
>> he can get over here in five or 10 minutes?
>> yes.
>> that's the consultation with attorney exception to the open meetings act. Number 45. 46, consider and take appropriate action for renewal of 12 month lease of 80 parking spaces located at ninth and lavaca for a period of October 2005 through September 2006. That's the real property and consultation with attorney exceptions to the open meetings act. 47 we'll take up this afternoon and will not read at this time. We previously pulled number 48 as we don't need it. 49, receive briefing from county attorney on claim received from samuel t. Jackson. That's attorney samuel t. Jackson. That's the consultation with attorney exception to the open meetings act. 50, receive legal advice and take appropriate action on request from Travis County to provide comments to tceq and lcra on applications by lazy nine/sweetwater development. That's the consultation with attorney exception to the open meetings act. And i-1, receive briefing and take appropriate action on request from the Texas moratorium network to use the county parking lot at tennessee lavaca for a rally on Saturday, October 29th, 2005, and waive the usual insurance agreement. That's the consultation with attorney exception to the open meetings act also. We will convene in executive session to discuss these items, but will return to open court before taking any action.
we have returned from executive session. I move that we recess until 1:30 this afternoon. Favor favor? That passes -- all in favor? That passes by unanimous vote with Commissioner Gomez absent.
we took into executive session this morning number 11 but we did not discuss it because we did not get to it. There is an open court part to this. Do we want to discuss that now or after executive session? [inaudible].
>> okay. Our legal counsel is not here. 11, consider and take appropriate action on recommendations from outside consultants, administrative review including staffing, reorganizational structure, I kred education and medical examiner's office. We indicate this may be taken into executive session under the consultation with attorney exception to the open meetings act. We did not this morning -- we did discuss 43. We will not need to take that up again. We will need to take up 44, receive legal briefing on county options in cases where property owners have constructed encroachments in county right-of-way without the permission or knowledge of Travis County. Consultation with attorney. There's a companion more specific case we announced this morning we will take up again. That is number 30, consider and take appropriate action on an appeal of the denial of Travis County basic development permit applications 05-2376. That's consultation with attorney exception to the open meetings act also. We will not need 45 because we took it up this morning. There will be a motion when we come back to open court, however. 46 we have discussed already. 47 we will need and there is backup on that and that was distributed yesterday. Receive legal briefing and take appropriate action on various personnel matters including necessary steps to fill vacant emergency services and criminal justice planning coordinator positions. That's the consultation with attorney and personnel matters exceptions to the open meetings act. 48 we pulled. 49, receive briefing from county attorney on claim received from samuel t. Jackson. Local attorney. That's consultation with attorney exception to the open meetings act. And 50, receive legal advice and take appropriate action on request for Travis County to provide comments to tceq and lcra on applications by lazy nine/sweetwater development. That's consultation with attorney exception to the open meetings act. And on a-1, we did discuss this morning but may need to discuss again, we do have a revised draft agreement.
>> yes.
>> that incorporates recommendation from the court. Do we need to take up a-1 again, we think? What this does basically is eliminate the insurance requirement, right?
>> yes, sir, it's just two real small [inaudible] you have license agreement before you, it changes the times from four to six to three to six, one more hour for that moratorium network. And then it also has a release of liability is substituted and no requirement of insurance.
>> do we need to discuss this with counsel? Therefore, we will not no one's a-1 because we will not discuss it. We will discuss the other announced items though in executive session. We'll do that in open court. But we'll come back before taking any action. Backup to item 47 you need to take with you.
>> we have returned from a long discussion. Of a few items in executive session and we are now ready to take action. We did discuss item no. 30 involving the appeal of the denial of -- of a development permit, application number 05-2376.
>> judge, I would move that we have joe gieselman and the assistant county attorney come up with a letter that we will be able to sign-off on next week, who will be sending it to the bells.
>> second.
>> have it back on next week?
>> have it back on next week. So much for authorizing joe to send the letter of his choice, huh? We will have it back on. Number 43 --
>> do we want to vote on that? You are still wishing that we would get out of here, ms. Velasquez. That passes by unanimous vote. Number 43 we discussed, we need it back on next week. We will get a draft to look at. Let's look at it carefully. Recommendations, get them to ms. Aldrige in the county attorney's office hopefully before Friday. If not we will make changes next Tuesday. But let's try to take action on this proposed policy next week. Okay? 44, any action today.
>> > couple of weeks.
>> couple of weeks.
>> okay. So that will be 10-18. Number 45, involving litigation in the congressional redistricting matter, move that we authorize the allocation of an additional $6,000 to cover tier 1 of anticipated attorneys' fees and costs.
>> second. Judge, if I could, could that come out of allocated reserve, that 6,000? That's --
>> sounds good to me.
>> isn't that where it normally comes out of.
>> normally comes out of allocated reserve, I think.
>> is that -- it's outlet of the county attorney's litigation pot?
>> I知 not sure.
>> I知 not sure, either.
>> do we give the county attorney a litigation pot.
>> related to risk management. I知 not sure.
>> it ought to come out of the place where it normally -- where we have been taking it out before --
>> wherever it was.
>> that's friendly to me.
>> suggested allocated reserve, that's why I suggested that.
>> wherever we are going to take it from, how is that?
>> that sounds fine to me.
>> one of the two. Risk management reserve or allocated reserve, I forget which.
>> it's going to come to come back at a budget transfer and amendment anyway, it will come back, another item in the appropriate line item to get it there.
>> okay.
>> p.b.o. And risk management are still here, I知 sure. Discussion? Attorneys' guys for redistricting, normally from the allocated reserve or --
>> allocated reserve. It was review understand the past -- reviewed in the past, because we are a plaintiff, not a defendant, the risk management fund is -- it's not appropriate.
>> okay. So our standard would be if we are the defendant, risk management serve. Reserve, if we are the plaintiff allocated reserve.
>> that's my understanding.
>> [inaudible - no mic] but that's -- the money came out of allocated reserve in the past.
>> okay. That's as much advice as we need on this item today. Did we vote on that? Discussion? All in favor? Show Commissioners Gomez, Davis, Sonleitner and yours truly voting in favor. Voting against Commissioner Daugherty.
>> thank you.
>> thanks.
>> thanks, travis.
>> move that we approve number 46 when is a -- which is a 12-month renewal of the 80 parking space we lease at 9th and lavaca, on the same terms and conditions as before. Second? Discussion? All in favor? That passes by unanimous vote. We did not discuss 47 as it was -- well, we did discuss 47, a long time. That's the matter involving the medical dpr's office. We probably ought to pull up number 11 which we discussed, also, move that we appoint alicia perez to serve on a temporary basis and the equivalent of a coo position in the medical examiner's office for up to 90 days. And -- and we expect her to -- to carry the duties and responsibilities between now and then as best she can?
>> second.
>> is there a need for the court to have something in writing? Do we think that this gets it done without being in writing.
>> this ought to get it done.
>> if there are issues that the court nodes to address as a result of taking this action, if she would call those to our attention. Let's do that one motion, maybe one or two others. Any more discussion of that one? That was seconded by Commissioner Gomez. All in favor? That passes by unanimous vote.
>> move that we authorize the subcommittee or the Commissioners court, namely yours truly and Commissioner Gomez to work with mr. Trimble to fine tune a proposal that he gave to us, with an eye toward a contract that would enable him to -- to assist the Commissioners court for a certain fee. To expedite the selection of the chief executive officer, the emergency services coordinator, and the criminal justice coordinator. And expedite short listings so the court can interview those individuals assisting us with the central booking negotiations and any other matter -- matters that the subcommittee believes the Commissioners court should consider and our goal is to have these negotiations and discussions done between now and next Tuesday to present them to the Commissioners court for action. Okay?
>> and we will be talking about an exemption order, judge. Along with that just because we are dealing with professional services to put cyd on notice related to attach an exemption order.
>> there are a couple of legal issue that's we asked already. If we need further clarification, we will check with legal. Okay? Anything further on this motion? All in favor? That passes by unanimous vote. My third motion would be to allocate -- indicate our intention to approve an act on the specific recommendations that -- that danny hobby gave to us and that may cover half of them. It covers one to indicate our intention to get implemented recommendations by the consultants who conducted the administrative process review for us and basically I guess at some point we really ought to indicate a rough schedule for trying to achieve accuratation, realizing -- accreditation, realizing if there are obstacles that surface that cause us to delay it, we will have to deal with that.
>> second.
>> discussion? All in favor? That passes by unanimous vote. Anything else regarding 47 or 11, medical examiner's office?
>> part of danny's moment month we talked -- memo we talked about facilities trying to fast track any kind of remodeling that's required. Certainly with alicia going into that slot, that's one of her departmental areas, on to work collaboratively with roger el khoury.
>> [inaudible - no mic]
>> okay.
>> yes, sir.
>> maybe good for us to ask roger el khoury to contact, to work with you and alicia basically to expedite the office remodeling, renovations necessary to accomplish these changes.
>> in the new slots.
>> that's the motion.
>> second.
>> might as well do it that way. Discussion? All in favor? That passes by unanimous vote. I believe that covers it, doesn't it?
>> one other thing, in making sure that in terms of authorization for the new interim coo, that there may be some -- some changes, tweaks, improvements to the job description for the coo and that needs to -- to be expedited and if that needs to come back to Commissioners court for a different job description, then that needs to happen.
>> second.
>> working with dr. Peacock on that, right?
>> [inaudible - no mic]
>> anybody and all.
>> [inaudible - no mic] assuming that you are going to make that part of the coo's responsibility.
>> yes.
>> I had down here the -- the [indiscernible] but also checking medical qualifications necessary for coo and you mentioned a couple of counties that already have a job posted, so it should be pretty easy to piggyback those to meet our needs. Harris, bexar county, I guess any of the others, those are directions from the court unless there's objection. Okay. The -- I guess the only other thing is that the -- it seems to be necessary for us to -- to act on these with all deliberate speed, but at the same time we want to do it right. At each step of the way. That's the sentiment. Anything further on that? We did discuss number -- nope, we pulled 48. Did not discuss it. 49, move that we authorize the county attorney to send an appropriate response to attorney samuel t. Jackson, to his complaint -- and claim filed with the county judge's office.
>> second.
>> discussion? All in favor? That passes by unanimous vote. And on a 1, we did -- we were given a revised draft agreement, move that we approve it.
>> second.
>> discussion? All in favor? That passes by unanimous vote.
>> on 50, ...
>> I have 50 being postponed to next week.
>> yeah, we did receive the legal advice, but we are going to come back next week with some sort of a written response.
>> to a very -- in response to a very fast tidous precinct 3 Commissioner, let me be sure to point out that we discussed number 50, no action required today, it will be back on the agenda next week for appropriate action.
>> judge, did we announce that we had citizens communication, I don't think there was anybody that showed up, but --
>> we talked about that. We did check the sign-in forms on the way over. Didn't really ask that.
>> just to say last call.
>> anybody here on citizens communication? Even if we apologize for overlooking you all day. Mr. Tuey is the only one here from the Austin american-statesman, I知 not sure if he's a citizen or not. He's a reporter [laughter]
>> we've actually had a statesman reporter do citizens communication, that was quite unusual. So --
>> special circumstances. [laughter]
>> [inaudible - no mic]
>> I guess he got a big promotion after that, too. [laughter] [inaudible - no mic]
>> move adjourn.
>> second.
>> all in favor? That passes by unanimous vote.
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Last Modified:
Wednesday, October 5, 2005 8:54 AM