Travis County Commissioners Court
October 28, 2008
Executive Session
Executive Session 47. Consider and take appropriate action on license with Texas association of counties to lease 25 parking spaces in garage located at 1210 san antonio street. Consultation with attorney and real property exceptions to the open meetings act. 48. Receive legal briefing and take appropriate action regarding contract for third party administration of Travis County section 457 deferred compensation plan with nationwide retirement solutions. Consultation with attorney exception. 49. Receive briefing from the county attorney and take appropriate action regarding the pending litigation in Travis County, Texas and state of Texas vs. Coldwater development ltd. And rodman excavation, inc., et. Al. Consultation with attorney exception. 50. Receive legal briefing and take appropriate action regarding the status of investigation of claims by Karen steitle (including the claims in eeoc charge no. 31c-2008-01470) and chuck kelley (including the claims in eeoc charge 31c-2008-01736c) and climate assessment review of human resources management department. Consultation with attorney. Let's also add personnel matters exceptions to the open meetings act. 51. Consider and take appropriate action on a counter-offer from ms. Constance gillen for the sale of parcels #4, 4ea, 4eb, 4ec and 4ed as needed for right-of-way in the 2001 bond program, mckinney falls parkway improvement project, precinct 4. Consultation with attorney and real estate exceptions to the open meetings act. 52. Receive briefing from county attorney and take appropriate action in possible claims regarding license agreements with the Travis County exposition center. Consultation with attorney exception. 53. Consider and take appropriate action on request from paul hornsby for permission to prepare appraisal report for parke properties i, l.p., parke properties ii, l.p., and gdf reality investments ltd. Consultation with attorney and real property exceptions to the open meetings act. 54 we researched previously. 54. Receive status report and take appropriate action regarding issues related to contract between Travis County and Austin Travis County livestock show and claims resulting from the 2008 star of Texas fair and rodeo. Consultation with attorney exception to the open meetings act. 55. Consider and take appropriate action on executive managers' recommended finalists for the position of intergovernmental relations coordinator. That's the personnel matters exception to the open meetings act. 56. Receive briefing from the county attorney and take appropriate action concerning whether to file suit to recover damages to county-owned guardrails against the following persons: by the way these would be separate suits. 1. Maria maldonado; 2. Carl richardson; 3. Robert albright; 4. Joshua mack; 5. Armando prouty; 6. Leonardo costilla; 7. Elizabeth duran; and 8. Waylon jenkins. Jenkins, not jennings. Waylon jenkins. Consultation with attorney 7 exception to the open meetings act. 57. Receive briefing from the county attorney and give direction regarding efforts to collect court costs associated with commitment proceedings conducted in Travis County on behalf of consultation with attorney exception to the open meetings act. And if it is still Tuesday, we'll call up item other counties. 58. Consider the submission of a claim to receive payment under a proposed settlement agreement in gibson and company insurance brothers, inc. V. Qfa royalties, llc and take appropriate action. That's the consultation with attorney exception to the open meetings act we'll discuss these matters in executive session. But will return to open court before taking any action.
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>> all in favor? That passes by unanimous vote. Number 48 is the matter involving the 447 deferred compensation plan with nationwide. Move that we approve the draft letter to county employees providing an update regarding deferred compensation. That we authorize staff to get with the nationwide and great west representatives to basically facilitate the transition and that we express our appreciation to the nationwide representatives for working with us on this project.
>> second.
>> when do you want to send that letter out?
>> by bulk mail as recommended by staff to employees who participate in the deferred compensation program. Thank you, lawyer hilly. That's part of the motion too, ms. Porter and part of the second, right? Discussion? All in favor? That passes by unanimous vote. With Commissioner Gomez absent. She had to run to another commitment. 49 is a matter involving litigation against cold water development and rodman excavation. And we did get an update --
>> judge, I would ask that commission eckhardt be allowed to participate in this thing with me in the event that I can't make one of the meetings.
>> second. Discussion? All in favor? Motion passes on a vote of seven to zero. Number 50, the matter involving the claims by Karen steitle and chuck kelly. We did get an update from our consultant and in my view no action required today other than tell the consultant to proceed in the direction that she's headed now. We expect a report in about three weeks and after that we will have the climate assessment and esituation as previously requested. Any other action?
>> no. I think that takes care of it.
>> income okay. Number 51 is a matter involving the mckinney falls parkway and several parcels of land that we need. A total of about 10 acres. I move that we approve the staff recommendation to settle this matter for the sum of $219,000 -- $219,694, right?
>> correct.
>> with the owner of the property to take care of the fencing.
>> second.
>> discussion? All in favor? That passes by unanimous vote. 53 is a matter involving park properties 1 and 2, gdf realty.
>> judge, I have a motion on this. The motion would be that the court 17 a letter to paul hornsby, letting him know that the Commissioners court has no problem or issue with him doing an appraisal for parke property.
>> is there a sec? Second? That motion dies for lack of a sec. Second. By taking no action, we take no action. 54 is a matter involving the Travis County with the --
>> were you going to do 52?
>> I'm sorry. I had my writing on 51 down on 52. Let's go back to 52. That's the matter involving possible claims against the Travis County expo center. The good news is that those claims were resolved, so no action is required. Did get an update and that there will somebody follow-up action required regarding county policy and the license agreement and we'll just address that when it's presented to the court. Probably within the next two to three week?
>> yeah.
>> okay. 54, the matter involving the Travis County livestock show and claims resulting from the 2008 star of Texas fair and rodeo. Let me try three-part motion. The first part is to acknowledge our willingness to accept $100,000 in settlement of the 2008 claims by Travis County number 2, indicate our willingness to enter into a contract with the livestock association, star Texas fair and rodeo for the year 2009 and either contract or contract amendment with the general terms being payment of $200,000, the reimburse nlt of utility and -- reimbursement of utilities and payment of any damages caused by the association. There are some operational specifics that we need to discuss, and if staff could draft those for us to share with the association within the next week or two and we can see if we can come to an agreement on those. And we basically reach the agreement on 2009, we indicate our willingness to go ahead an start negotiating long-term contract modifications, if appropriate, as soon as possible. And in our view that probably will need to be after November 11th. But the third party would be for us to enter into negotiations regarding five or six issues that we've identified as being problematic, so we hopefully can come to terms on them as soon as possible.
>> this is just for --
>> [ inaudible ]. The other one, the $100,000 is just actually for '08 to take care of that?
>> right. And the third part being long-term.
>> and long-term being the --
>> third part.
>> and in regard to the middle part, 45 days is probably not possible given our current obligations.
>> seems not, right. But I do think we ought to discuss with the association, what's needed in '09. In my view hopefully the practices will be close to what they have been historical. There ought to be some give and take on those dates. Our senate director has a couple of dates that he has in mind that if we can work those out would be softer. The other thing is there's a whole facility and then there are parts of it. You can be doing some work in parts of it without affecting other parts. So hopefully we can get with the association and come to terms on that. I asked the director to reduce to writing specific operational issues that he wants addressed and we'll get with the association as soon as possible try to address those.
>> okay. So acceptance of $100,000 to resolve '08 claims. Really trying to come to agreement on '09. We'll need an operational agreement of some sort. Then the commitment to negotiate the five or six points of disagreement long-term. And we would begin those negotiations as soon as possible. Does that sound okay. Any more discussion? All in favor? That passes by unanimous vote. Thank y'all very much. The president has been here for most of the afternoon. Thank you for coming down. A lot of people think we come down and do in 45 minutes and go home. It's not quite like that.
>> number 55 is a matter involving a report from the executive managers recording finalists for the position of intergovernmental relations coordinator. They did give us that work. We have those interviews posted this Thursday beginning at 1:30. I told media we will be in executive session, start the meeting be in executive session, come back out in open court and make a decision. And there's no reason for us to have on television that we're in executive session, is there? But probably about 5:00 because we may come out and take action to be available then. In my view no other action today other than to thank the executive managers for the work they did for us.
>> thank you so much to the execute tif managers.
>> three more. 56 was a list of eight individuals who have damaged county-guardrails and I move that we authorize the county attorney's office to contact these individuals, file suit if necessary to get the county reimbursed.
>> second.
>> discussion? All in favor? That passes by unanimous vote. 57, the matter regarding collection of court costs associated with commitment proceedings that we conducted for other counties, and I move that we authorize the county attorney to send a nicely and diplomatically wored letter to those counties requesting payment of the sums owed Travis County and causing because these have become such a burden for us our inability to conduct such proceedings in the future for non-paying partners in crime.
>> move approval.
>> discussion?
>> beautifully done.
>> all in favor? That passes by unanimous vote.
>> and our last item today, number 58, the matter involving a proposed settlement agreement in gibson and company company inc. Verses ofa royalties llc. I move that we authorize the county attorney and the judge to sign a document that indicates Travis County is willing to seven serve as a party to claim whatever compensation we're entitled to in this class action settlement.
>> move approval.
>> discussion? Farce all in favor? That passes by unanimous vote. With no further business --
>> now move adjourn.
>> all in favor? That passes by unanimous vote.
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Last Modified:
Tuesday, October 28, 2008 1:38 PM