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Travis County Commissioners Court

September 26, 2006
Executive Session Items

View captioned video.

Is is 21-b the only thing left?

>> did we do the wireless thing?

>> we have some representatives here, though. I was going to give them an opportunity if they want to address us before we go into executive session.

>> [one moment, please, for change in captioners]

>> that's fine, we will try to -- be as expeditious as possible in the executive session. That's my commitment to speak half as much as I would have and -- at another time. Going to hold me to it. 46. Receive briefing from the county attorney and take appropriate action in Travis County, et al v. Data port, incorporated --

>> judge, I'm sorry. [indiscernible] I think at some point we are going to need to bring back up, at least I would, item no. 19. It's related to the cdbg and it's making commitments and things that I don't think are any longer based on reality. I think we need to talk about that one and whether we do that today or we do it next week -- perhaps next week --

>> my suggestion is to get that letter and let's decide whether we need to see somebody in person and then put it on the agenda.

>> the only reason I brought it up is the b part has to do with --

>> 19 b has to do with us making commitments. I'm no longer sure of what the heck it is we are doing.

>> there's not much they can do, but we need to scale back our plan, especially actions for net year, to meet whatever the allocation is.

>> [indiscernible]

>> if the allocation is one third what was they are saying, somebody needs to work to present us something, we ought to post that.

>> yeah.

>> that goes into craziness related to what are our assumptions related to -- [multiple voices]

>> tell ms. Flemming --

>> I think we can bring it all back. Okay. I'm happy for it to be brought up. There's a serious e-mail [indiscernible]

>> 40, 46 -- I did read all of that, right? Consultation with attorney. 47. Receive briefing from the county attorney and take appropriate action in Travis County, et al v. James m. Churchill (alan l. Church resale deed). Consultation with attorney. 48. Receive briefing from the county attorney and take appropriate action in Travis County, et al v. Valenju prashant (mayank patel resale deed). Consultation with attorney. 49. Receive briefing from the county attorney and take appropriate action in Travis County, et al v. Sung yong jun (hunaid halai resale deed] consultation with attorney. Exception to the open meetings act. 50. Receive briefing from the county attorney and take appropriate action in Travis County, et al v. Specialty underwriters (kenneth d. Mccurley resale deed). Consultation with attorney exception to the open meetings act. 51. Discuss and take appropriate action regarding the second amendment to lease between Travis County, Texas and harry m. Whittington, d/b/a travis properties. That's the real estate exception to the open meetings act. Let's also announce consultation with attorney just in case we need that under 51. 52. Consider and take appropriate action on qualified replacement benefit arrangement and adoption agreement, effective October 1, 2006, with the Texas county and district retirement system related to retirees whose annuity would exceed irs limits. Consultation with attorney. 53. Receive legal briefing from county attorney and take appropriate action on general liability claim filed by ophelia malicia for water damage to her residence at 1405 canterbury, Austin, Texas occurring on may 4, 2006. 1 consultation with attorney.

>> you don't need to call 54, judge.

>> we will not call up 54, it will be pulled until further notice.

>> yeah, I think they have resolved that.

>> okay. 55. Receive update on lease with city of Jonestown for space located at 18649 highway 1431 and take appropriate action. Consultation with attorney and real estate exceptions. 56. Receive briefing from county attorney and take appropriate action regarding claim by michelle floyd-janicke. Consultation with attorney exception to the open meetings act. And -- our last item today will be a 2, consider and take appropriate action on the potential -- not our last item because I need to go back and announce the other one.

>> 12.

>> a 2, consider and take appropriate action on the potential purchase will real estate in central Austin, consultation with attorney and the real property exception to the open meetings act. And, b, item 21, consider and take appropriate action on the following and b is non-routine personnel action, discuss matters related to civil services Commissioner, slot number one, a reclassification and that will be under the personnel matters and let's also announce the consultation with attorney exceptions to the open meetings act. We will discuss these matters in executive session, but will come back to open court before taking any action.


we have returned from executive session, where we discussed the following items. Number 21 b, and -- involving the employee in slot number 1 of the civil services commission. I move that we authorize reclassification to pay grade 18 level 5, that we use the 5% allocation that the court just approved to fund part of this and that we take the balance from allocated reserve.

>> second.

>> and we do have that information in the backup if -- if it's needed.

>> I think that it's 07 allocated reserves, judge. I don't think it was '06 since we are closing this year out, it part of next year's stuff and that should be part of their '08 budget target as well. Which is -- because there's only one person in that department.

>> becomes available October 1. Will be reflected in the October 31st paycheck, when you figure in the processing time, one check they keep in the hold, the best way the others get theirs. Best indications.

>> any more discussions? All in favor? That passes by unanimous vote. This one employee has kind of gotten lost from us. Thank you for bringing this to our attention.

>> sorry to take so long, I wouldn't say it was abbreviated but we did try to take every opportunity we got. 46 move we authorize the inc. (invest smart homes, inc. Resale deed). 1 which has paid the county $100,000 in cash. Discussion? All in favor? That passes by unanimous vote. Number 47 I move that we authorize the county judge to sign and prepare a tax resale deed to allen l. Church. Mr. Church paid for tract number one, 1,100, for tract number 2, 1 thundershowers $200, for tract number 3, $1,600, all three are mentioned in this one resale deed.

>> second. Discussion? All in favor? That passes by unanimous vote. Item no. 48 I move that we authorize the county judge to sign the prepared tax resale deed to mayank patel, 262.49 paid in cash. Discussion? All in favor? That passes by unanimous vote. Item no. 49 I move that we authorize the county have to sign the prepared tax resale deed to hunaid halai who paid $4,000. Passes by unanimous vote. Item no. 50, I move that we authorize the county judge to sign the prepared tax resale deed to contend neath d. Mccurley who paid Travis County $8,000 in cash. Any discussion? Favor favor? That passes by unanimous vote. Number 51, I move that we authorize the signing of the prepared second amendment, to the lease between Travis County and harry m.whittington. Any discussion? Favor favor? That passes by unanimous vote. 52, move that we authorize the signing of the requested qualified replacement benefit arrangement and adoption agreement with the the Texas county and district retirement syste any discussion? This relates to employees whose annuities would exceed i.r.s. Limits. All in favor? That passes by unanimous vote. On 53, we did discuss that matter, gave directions, we will have it back on the agenda October 3rd. Basically what we would like for the county torn and county staff to -- county attorney and county staff to do is get with mrs. -- mrs. Malicia and her representative and explain the various options, one of which is for Travis County to assist with the remediation work until the problem has been fixed and the other option is for us to pay an amount in cash, that would allow her to go ahead and get the work done in exchange for a full release and reservation for Travis County of all of the other legal rights that we had in order to pursue reimbursement from the contractors insurance company.

>> [indiscernible]

>> okay. Any discussion? All in favor? That passes by unanimous vote. We will have that back on next week. 54, we did not discuss, that item is full. We think the matter has been settled and hopefully settlement papers will be presented to the Commissioners court at some point soon. 55, involves a discussion that we have been having for Jonestown for space that the county occupies.

>> judge, I would move that we have the county attorney proceed with an amendment to the -- to the current lease that -- that amendment would show we -- the next -- until next September we will be deducting $919.67 per month. Starting September of next year. We recognize that we will go out for a rebid on -- on janitorial services and whatever the amount that we get or that we -- that we receive, sign-off on that, that we will enter into that agreement with that particular time with the city of Jonestown to most likely -- that amount for the remaining part of -- of the contract, which is September 2008.

>> I'll second that. Will you as friendly say that this so-called option 2 that Jonestown agreed to, includes a dual waiver of expenses that we were claiming and the city of Jonestown was waiving and we have both mutually agreed to that?

>> absolutely.

>> so be a formal settlement agreement that basically sets forth of different waiver, et cetera.

>> we could have a formal settlement agreement or we can incorporate the terms of the settlement into the lease amendment.

>> either so --

>> okay.

>> any more discussion? All in favor? That passes by unanimous vote. Number 56, move that we agree to the counter to the counter in the amount of $20,000.

>> second.

>> this will be paid to michelle floyd-janicke in exchange for a full release of Travis County in settlement of this matter. Discussion? All in favor? That passes by unanimous vote. And finally, unless there's another matter, is there? Okay. A 2, the matter involving the potential purchase of real estate in central Austin, our recommendation was that we try to put together a scope of work and next week plan to approve that get some professional assistance to help us put together a strategy to get the -- the appropriate site for a civil court's building and/or parking for Travis County. And what we realize, try as hard as we might, we need some professional help if it gets done. And -- and the way we get -- we will give some thought to these matters next week, we may want one or two members of the court to assist a small group of people to work with the consultant to expedite this matter as soon as possible. That's an informal motion. I guess the general direction, do we need anything next week to have the flexibility to add for -- or subtract?

>> [indiscernible] direction to [indiscernible] we have a lot of moving parts on this. So we will hope to respond back to this particular item.

>> what we asked roger was to indicate basically we are not prepared to make a firm counter today. But to request another week for us, hopefully mexico week we will be able to do something firmer than that.

>> thank you.

>> okay. Any more discussion? All in favor? That passes by unanimous vote. I -- believe it or not colleagues, that's all of our work together.

>> adjourn.

>> second.

>> all in favor? That passes by unanimous vote.


The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.


Last Modified: Tuesday, September 27, 2006 9:54 AM