Travis County Commissioners Court
March 24, 2009,
Executive Session
We have come to an executive session, opportunity, y'all.we told others that we would call up number 34 this afternoon as well as number 28.
but that leaves other executive session items including number 30, receive briefing from the county attorney and take appropriate action regarding the pending litigation in Travis County, Texas, and state of Texas versus cold water development limited and rodman excavation, inc.
this will be under the scott tages with exception to open meetings act.
a, receiving briefing from the county attorney and take appropriate action in general fev mcfhanil versus Travis County, and 31 , consider and take appropriate action on modification of exposition center for me leasance agreement to add clause regarding ada routes.
32, receiving legal briefing and take appropriate action regarding the contested case hearing on the pending application for the proposed solid waste amendment to expand waste management of tension as landfill located on giles road near state hey way 290 east.
33, we may have consultants on that one so I document that we get to that one this morning.
33, we will not announce.
34, we will not announce.
35 is to receive legal, briefing from county attorney and take appropriate action in the matter of Travis County v flint hills resources lp and koch pipeline company l p.
consultation of attorney exception.
36, receiver legaling briefing and take appropriate action regarding contract with the star of Texas fair and rodeo, including certain signage place in the the arena at the exposition center, consultation with attorney exception.
37, receive briefing from county attorney and take appropriate action regarding the extension of administrative leave with pay for health and human services department employee in slot number 178.
consultation with attorney and personnel matters exception to the open meetings act.
and the added item, number a 1, receive briefing and take appropriate action on request for assistance with complaint regarding activities at the east rural community center.
we note that this item may be taken into executive session under consultation with attorney exception 551.071, and it is at this time.
we'll discuss these matters in executive session as allowed by law.
but we will return to open court before taking any action, as required by law..
.
.
>> we have returned from executive section where we discussed part of the items.
we will reconvene to complete the work this afternoon.
>> now, ms.
porter I think that we have come to executive session, have we?
>>
>> [indiscernible]
>> I was going to do that after -- are we ready?
are you ready to take that item up now?
>> actually, judge, we would recommend that the court bring that item back up and then go into executive session to receive a briefing from the county attorney about the legal and constitutional issues raised by the recent changes to the -- to the latest version.
>> okay.
we're still talking about the local --
>> this is on agenda item 29 d relating to the local option transportation funding, including senate bill 855.
>> okay.
we've just finished our open court discussion of item no.
28, the matter involving tocolote farms, we will take that into executive session under the consultation with attorney exception to the open meetings act.
we have some legal questions.
also, this morning we indicated our intention to call back up item 29 d, consider and take appropriate action on legislative matters including d added item legislation related to local options for transportation funding, including house bills 9, 1674, 3448, senate bills 855 and 942, mr.
he could stein believes there are legal questions we need our lawyers to answer, so that will be the consultation with attorney exception to the open meetings act.
those posted that we did not discuss this morning.
31 a.
1.
receive briefing from the county attorney and take appropriate action in jennifer mcphail vs.
Travis County; and 1 2.
consider and take appropriate action on modification to exposition center form license agreement to add clause regarding ada routes.
that will be the consultation with attorney exception to the open meetings act, also.
32.
receive legal briefing from the county attorney and take appropriate action regarding the contested case hearing on the pending application for the proposed solid waste amendment to expand waste management of Texas landfill located on giles road near state highway 290 east.
33.
consider and take appropriate action regarding the potential purchase of properties in central Austin, consultation with attorney and real property exceptions to the open meetings act.
we will not -- we will not discuss item 34 that item has been postponed until next week.
35.
receive briefing from county attorney and take appropriate action in the approximate matter of Travis County v.
flint hills resources, l.p.
and koch pipeline co., l.p.
consultation with attorney exception.
36.
receive legal briefing and take appropriate action regarding contract with the star of Texas fair and rodeo, including certain signage placed in the luedecke arena at Travis County exposition center.
consultation with attorney exception to the open meetings act.
we discussed number 37 this morning.
we also discussed a 1 this morning.
when I say we discussed them, that means we won't discuss them again, but we will take action on them when we come back to open court after we complete our executive session discussion.
We are back in session, the county and the state of Texas against cold water development, the matter involving hamilton's pool, do you have the motion?
>> yes, sir, I move that we approve the settingsment offer of 3 point 5 million aggregate with 2.1 million going to Travis County.
>> second.
>> any discussion?
all in favor?
that passes by unanimous vote.
we discussed items 31 a and b, we will need to bring that back next week, 32 is a matter involving waste management, we did get a briefing, in my view no action required today, any problem with that?
>> no.
>> 33 is the matter involving potential purchase of properties in central Austin.
I move that we authorize facilities and roger el khoury and his staff to begin negotiating with the owners of the property adjacent to this building with an eye toward reaching an acceptable purchase price and purchasing it.
>> second.
>> discussion?
all in favor?
that passes by unanimous vote.
I also move that we authorize staff to notify the owner of the small piece of property that we were considering purchasing that we have decided not to due to the size of the property.
it basically being smaller than our needs right now.
any discussion in all in favor?
that passes by unanimous vote.
34, we did not discuss but that will be back on the agenda next week.
hopefully we will have the city of Austin representatives here with us.
35 the matter involving Travis County versus flint hills resources, I move that we authorize the county attorney to share with the other side at trial with the court the proposed letter.
>> second.
>> that he shared with us.
any discussion?
all in favor?
that passes by unanimous vote.
36 is the matter involving the star of Texas fair and rodeo and the luedecke arena at Travis County and signage there.
I move that sent to the officers and board members of this entity a letter indicating our displeasure with the action they have taken regarding the budweiser signs and that we will seriously consider not authorizing the use of signage at the facility as part of the permanent contract when negotiations begin after this year's show.
any discussion?
I say we right to get that letter done tomorrow and hopefully either hand delivered or delivered otherwise as soon as possible due to the fact that this year's rodeo will end this weekend.
okay?
any discussion of that?
can I get a second?
all in favor?
that passes by unanimous vote.
378 is a request for administrative leave with pay.
for the employee in slot number 178 in health and human services.
I move that we authorize an additional two days, and that we have this matter back on the court's agenda next week for appropriate follow-up action.
>> second.
>> any discussion?
favor favor?
that passes by unanimous vote.
all in favor?
that passes by unanimous vote.
a 1 involving the community center, last week we took the option to send a letter to the advisory committee, Commissioner Davis.
>> I move, judge, that we send a letter to the complaining party on behalf of Travis County Commissioners court, that -- letter be mailed out of our office and followed up on -- motion as stated.
>> second.
>> discussion?
all in favor?
that passes by unanimous vote.
we also discussed item no.
28, with legal counsel, the matter involving tecolote farms and I think more than anything else, decided that we needed answers to several important questions regarding the amount of produce that could be made available, the estimated cost of the lines and meter, which t.n.r.
said it could get for us, quantity of water needed, size of the lines, defensibility by Travis County of any claims made against us, any other issues that come to mind?
and I guess our guess would be to determine whether or not there is a way for us to favorably consider this next week and if not just make the call based on the facts available.
>> there was a third item --
>> the cost
>> [multiple voices]
>> the third item cost of it and all of those other things associated with it.
>> cost of separate well, right.
>> and any other questions or issues raised.
>> right.
as far as the overall cost.
>> if after today court members think of additional issues, I guess we can just reduce those to writing and either send them to chris douglas or joe gieselman in t.n.r.
depending on the nature of the point or issue.
okay?
>> second.
>> that was a motionment.
seconded by Commissioner Gomez.
second?
all in favor?
that passes by unanimous vote.
and ms. Porter, according to my -- one more item, mr. Eckstein you almost got left.
>> thank you.
>> we did discuss 29 d.
the matter involving local options for transportation funding.
requested staff to come up with a -- with a motion and instead they came up with a brief.
>> [laughter] our hard working staff, I should add.
mr. Eckstein can you walk us through this?
>> yes, sir, judge and Commissioners.
what we have in front of you now is a draft of a letter that we would propose that the court send to senator watson expressing our concerns about two features of the latest draft of senate bill 855.
the first being the confusing language of the authority of a city on its own to call an election and whether that authority would extend outside of the boundaries of the city.
there is language about two third of the way down the first page that you have of the letter itself that would try to clarify that language for the bill.
so that's the first fix.
the second fix was as we discussed in executive session, there's a problem raised by the bill if there would be a -- if two of the numerous possibilities of governmental entities seeking to have an election and seeking access to this revenue stream were to call an election at the same time, what could happen is we would have a conflict so we have drafted a conflict resolution piece that ms. Wilson from the county attorney's office has been working on, which is as a separate piece of paper.
>> okay.
>> that attempts to resolve how -- that attempts to address the issue of how conflicts would be resolved in the -- in the settings where either the city and the county called an election at the same time, where the county and the combination of municipalities as provided by the bill called an election.
so there would be all of the different permutations and combinations are addressed in this language.
>> okay.
this letter is proposed for sending to senator watson.
but in view of the fact that representative rodriguez has a similar bill, should we basically send the same information to him?
>> I would think we could do that either as a separate letter or as a cc of this bill -- excuse me of this letter.
>> but I think the court has to take the action to get it done.
so we have a motion basically delivering this information to both of them.
>> yes.
>> sure.
>> I second that.
>> especially if it comes from the whole court.
>> that would be appropriate I think.
>> that's my motion.
>> appreciate your hard work, dedication, et cetera.
>> thank you very much, judge.
what I would like to do is figure out if there's a way we can get the members of the court's signatures on two copies of this letter this afternoon because the hearing on the bill or at least one copy of it, the hearing on the bill is tomorrow morning at 7:30 a.m.
>> okay.
>> we have stationery, who has the court decisionner.
first let's see if it's approved.
>> right.
>> all in favor?
that passes by unanimous vote.
>> I'm already trying to stick it in the envelope before it's even passed.
if my office can give you the Commissioners court stationery, is that okay --
>> we will with bring it to you momentarily.
>> or send it to me electrically if you are going to do and we will have somebody in my office and circulate is immediately.
ms. Porter, are we out of business?
>> we are.
>> move adjourn.
>> second.
>> all in favor?
that passes by unanimous vote.
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Last Modified:
Tuesday, March 24, 2009 8:16 PM