Travis County Commissioners Court
July 10, 2007
Executive Session
That may bring us to executive session.
>> we have to decide --
>> I was going to hold up until after --
>> it will wait until after executive session. I think we ought to try to do it today if we can. We did discuss two items this morning that we needed to take into executive session.
>> I'm sorry, your honor, one little house keeping thing and my apologies for not being up to snuff on this. On consent item c-3, may the record reflect my abstention because I wasn't here on June 26.
>> without objection, make it happen. Is that all right?
>> uh-huh.
>> 22 we will discuss with legal council and this tha is consider and take appropriate action on the following, a, variance from section 82.02 lb 2, standards for construction of streets and drainage in subdivisions. Travis County. B, preliminary plan in precinct 3, rgk ranch, preliminary plan; and c, phasing agreement between rgk and Travis County and that will be under the consultation with attorney action of the open meetings act. And item 30, consider and take appropriate action regarding the creation of a new county court at law number 8 under the consultation with attorney exception to the open meetings act. And posted for executive session discussion today --
>>
>> [inaudible].
>> yeah, number 6, consider and take prepare action on draft advertisement for public hearing to set elected officials' salaries for f.y. '08 and calendar for actions for the remainder of the salary setting process. We do have legal questions there. And so the exception is consultation with attorney. Those three, plus the following ones which are posted for executive session discussion, number 35, receive update and take appropriate action on the expansion application and related documentation of -- 36, consider and take appropriate action on the expansion application and related documentation of b.f.i.-allied waste filed with the Texas commission on environmental quality. Consultation with attorney. 37, consider and take appropriate action in relation to starflight operations regarding: a, interpretation of exception for pilots from Travis County personnel policy procedures, section 10.043 holidays; and b, practices related to payment of on-call services. Both of those are under consultation with attorney exceptions to the open meetings act. 38, receive legal briefing regarding contract and deed on the current medical exaer's building at 1213 sabine street. Consultation with attorney. 39, receive briefing from county attorney and take appropriate action on claim by jennifer maldanado, former slot number 45; eeoc charge number 31 c-2007-00733. Consultation with attorney. 40, consider and take appropriate action regarding potential purchase of property on lavaca street in central Austin. Consultation with attorney. And real property exceptions to the open meetings act. And no. 4 1, receive briefing from county attorney and take appropriate action on a plat for recording in precinct 1; lehne addition, which is two total lots. That's consultation with attorney exception to the open meetings act also. We'll discuss these matters under the noted exceptions and we'll return to open court before taking any action.
>> we have returned from executive session where we discussed a variety of items as part of our voting session today. We discussed no. 6, which involves the advertisement of the elected officials' salaries for fy '08 and we're advised by counsel that at a later date we can change their salary but the first advertisement is simply to advertise to the public that amount. And I move that we advertise at 5%, and the only thing good about 5 is that it's between 3 1/2 and 6. And I'm banking on our ability as the revenue projections are refined to decide whether to leave it there or move it up or down depending on what we do for rank and file employees. And barbara just reminded us that that's the ceiling. Can't go up but you can come down.
>> that's right.
>> so the question is whether we do 5 or 6. I'm real, real comfortable with 5 but I can live with 6. I can withdraw that. In fact, I withdraw that motion and make another one at 6%. Discussion?
>> my concern is
>> [inaudible] in the officeholders on the left that -- that it will be at 6% and that coming down from that, which I think is inevitable, will greatly increase the grieving.
>> our elected officials, we set it at 6 but you have to understand it will end up somewhere between 3 1/2% and 6%. We set it the highest because by law we cannot go up but we can come down and we will have additional revenue projections over the next 2 to 3 weeks, to which we must respond, as a sort of explanation. But I do understand your concern.
>> so are we saying that there is a floor of 3.5 because I think we don't have to set it at 4.
>> no, that was just county judges opining. The motion is 6%, basically.
>> and that's the ceiling.
>> doesn't say anything else.
>> and then you can come back down.
>> except we'll do the right thing in terms of how we deal with rank and file employees and how we respond to additional revenue projections. Any more discussion?
>> let me say I do want to give directions on the footnoting on no. 8 where it shows the precinct Commissioner making 77611 for 2007. I would like that to remain the salary that I make, and we can end it right there. I mean, that's what I will -- what I'd like to have it.
>> any more discussions for changes to the proposal?
>> can he were put in this footnote 9 regarding ability to reject the increase?
>>
>> [inaudible] but that wording will be there.
>>
>> [inaudible].
>> okay. That's fine. I would offer a substitute motion of leaving it at 2.5%. That's the feeling.
>> I second that.
>> that's your motion to leave it at 3.5 and that was seconded by Commissioner Davis. Any discussion of that? All in favor of that motion. Show Commissioners, egg heart, Davis, voting for that substitution, and the voting against it show the other three members of the Commissioners court, Gomez, dougherty and yours truly. We are now back to the original motion, which is to set it at the ceiling of 6%. Any more discussion? All in favor of that motion show Commissioner Gomez and yours truly voting in favor, voting against? Show Commissioner dougherty, Commissioner egg heart, Commissioner Davis, that motion fails -- the floor is now appropriate for an appropriate motion that may get three votes. I move that we set it at 5%. Is there a second?
>> second.
>> second by Commissioner Gomez. Discussion? All in favor of that motion, show Commissioner Gomez and yours truly voting in favor. Voting against? The rest of the court. What happens if we don't take action on this today but delay it until next week? And don't say the sky falls.
>> we would have to have an agenda item on the same day that your public hearing is held that would actually set salaries instead of delaying one week as we discussed earlier, because you would use that in the schedule today.
>> add this action back on -- this action back on next week.
>> I'll be happy to make one more motion if you are are willing to entertain it at 4.5%. It's like an auctioneer.
>> 4.5% is the motion by Commissioner egg heart, seconded by Davis. Any discussion of that motion? All in favor of that motion. Commissioners egg heart, Davis voting in favor. Voting against, joel, Commissioner gamez, dougherty and yours truly. We will have this item back on the agenda next week and between now and then we will have developed an innovative strategy that allows us to comply with the law. This is Tuesday, work session Thursday afternoon. That is not 72 hours from today. That is more like -- that is less than 48.
>> the other option that you do have is if you think that you could figure out what you want to do with sleeping on it one night, you could adjourn this one item till tomorrow sometime and take it up tomorrow. That's your other option, if you don't want to let it go for a full week. But that may not be of any use because it may take longer than that.
>> if we have five votes to do that, that makes sensz to me. We can meet at 9:00 a.m. But I'm not convinced that death even sues if we take this up next Tuesday. It is just we have to become much more efficient than we have been historically.
>> that's correct.
>> [laughter]
>> we will know what will be in the preliminary budget if we get the third revenue estimate on Monday we should be able to report on you -- to you -- on you Tuesday with what we expect the compensation reserve to be for all employees.
>> okay.
>> that may help you.
>> that's a vote for next Tuesday. Ms. Powell?
>> thank you.
>> I can hardly wait till then. No. 22, we did discuss, no action required today in my view. In fact, we promised we would not take action. That item will be back on the court's agenda hopefully for consideration and action next week. No. 30, we did not discuss -- john says that we got -- copied a statute and he gave us some advice in open court, whether we liked it or not. So no further action required today. Item no. 35 involves the selection of an executive manager of justice and public safety. I move that we approve the draft of flier and revised job description, that we authorize our human resources and development department to post that -- those two expeditiously and invite employment applications and that 30 days from today the court must post that until filled but 30 days from today we pull the applications that have been filed, review them and decide what action, if any, to take. Discussion? All in favor? That passes by a unanimous vote.
>> [laughter]
>> no. 36. The matter involving the bfi allied waste matter. I move that we take the draft document prepared by the county attorney's office and authorize the county attorney to share that document with others who have asked for the opportunity to provide legal comments and input to Travis County on how to develop language and documents to promote the enforceability of a November 1 closure date, that we give those to whom that document is sent until July 31, to provide comments to the county attorney's office from which the invitations and draft documents will be mailed. Is that accurate, david -- I mean, john?
>> right.
>> seconded by Commissioner Gomez. Discussion? All in favor. Commissioners eckhardt, Gomez and yours truly voting in favor. Voting against, Commissioner Davis and Commissioner dougherty. That one does pass by a very slim margin. We discussed item no. 37, and we received for a a draft policy change from the county attorney's office, and I move approval of that order as it is drafted by the county attorney, and that will cover a, which is basically the holiday pay. Discussion? All in favor? That passes by a unanimous vote. B was the matter involving phone involving oncall services, and t we authorize the executive manager of emergency services to initiate proament internal disciplinary action and appropre internal action and disciplinary indication work management controls regarding the use of services with the star flight program. This motion contains the intention to forget and forgive the -- any over payments that have been made under an incorrect interpretation of the current policy. Ms. Wilson?
>> you mentioned call back. Should not that be on call?
>> oh, I'm sorry. He raises his hand to admit it was not the judge's mistake except in reading call back. Thank you. Thank you for being on your toes so late in the day. On call services is what I meant to say instead of call back. Discussion? All in favor. Commissioners eckhardt, Gomez, dougherty, you voting in favor --
>> abstain.
>> Davis abstains. No. 38 is a matter involving our current contract with the city of Austin and probably brackenridge for the current medical examiner's building. We were informed and there are some sort of unique provisions in that contract of which we have been made aware. 39 is the matter involving jennifer maldonado. I move that we reauthorize the mediation, and the difference is that it is private mediation and Travis County will pay for it, and that will cost around $1,200.
>> between 12 and 1800.
>> between 12 and $1,800. Is that what you need? Seconded by Commissioner Davis. Discussion? All in favor. That passes by a unanimous vote. No. 40 involves the opportunity to purchase real property on lavaca street in central Austin. Move that we agree to pay $2.4 million, which is about 100,000 more than we discussed last time, that we also agree to the other requirements contained in the draft agreement that has been provided for our signature, of which includes a donation of 25 to $30,000 worth of real property, that we further, direct the planning office to transfer 100,000 from allocated reserve for earnest money and preferably as an automatic transfer and make changes on dates in the paragraph 3.3 and 4.1 to make them consistent with our conversation. There are some timetables we've agreed to meet that are set forth in the document. Did I do something?
>> donation I think you said with real property --
>> okay. I didn't say furniture?
>> you said real property.
>> furniture.
>> personal property. Furniture. Sorry about that. Commissioner Davis, was that your second?
>> yes.
>> okay. Discussion? All in favor? That passes by a unanimous vote. And we also discussed no. 41 involving lehne addition. That is just posted for briefing today so no action is allowed or required. We committed to have this back on the court's agenda the first Tuesday following the 18th.
>> 24th.
>> 24th of July: I am sad to say that that does it for our meeting today. All in favor? That passes by a unanimous vote.
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Last Modified:
Wednesday, July 11, 2007, 11:00 AM