Travis County Commissioners Court
April 7, 2009,
Executive Session
>> we have come to executive session.
haven't we, ms.
porter?
>> yes.
now the request to take 28 up in executive session just for legal advice is fine with me, but I wonder.
i am not sure that we will be able to get around another discussion with our lawyers once we understand specifically what the request is.
you see what I'm saying?
so my question I guess is whether legal advice today would be so general as not to be as helpful as it would be next week because next week it will be in response to a specific request.
actually I requested three things before.
based on what I received I'm not sure that those three things were -- of mine were addressed.
i think two were.
then additional requests came during our executive session discussion.
i think joe and his people were doing follow-up information on that.
my problem is yesterday two or three other things came up that I said well we really ought to kind of land on these and have one full complete discussion in whatever action we are going to take take it next week.
my point is we can get all of the legal advice we want today.
i still think we will need additional legal advice next week.
the question for the court is too you need to be briefed twice or will once do?
>> I would like to -- I know that mr.
gilmore sent out an e-mail with a memo attached regarding a specific legal question that won't change irrespective of what options we are considering.
>> right.
>> he had also sent, I don't know if -- if I had specifically asked him after the fact so I don't know if he shared it with everyone, a previous briefing from 2001 regarding ground water conservation districts, that it seems like it might be useful for us to just know that going into the coming week, although I agree we -- no matter what happens today, we would also have to have another briefing next week.
but I thought it might be valuable information to set in context whatever we are considering.
>> so we think 28 is broad enough to cover ground water conservation.
>> yes, it is.
28.
consider and take m.f.
appropriate action on request to address water availability and related issues at tecolote farms.
this will be under the consultation with attorney exception to the open meetings act.
30.
consider and take appropriate action on purchase contract with john w.
and leslie susan gann for the acquisition of land in connection with the balcones conservation plan.
this is under the real property exception, also say consultation with attorney exception to the open meetings act.
31.
consider and take jo appropriate action on request to join city of Austin and other partners in the redevelopment of seaholm power plant project, including the offering of financing incentives for project green.
under the deliberation regarding economic development negotiations exception.
let's also say consultation with attorney.
just in case our lawyers feel real smart today and want to let us know.
32.
receive briefing from security committee and take appropriate action.
this is the security exception.
33.
receive briefing from -- the one we had open court discussion on -- county attorney and take appropriate action regarding mountain view estates subdivision.
consultation with attorney.
34.
receive legal briefing and take appropriate action on need for professional malpractice insurance for lawyers in child and parental representation offices.
consultation with attorney exception to the open meetings act.
and a 1, receive briefing from county --
>> you won't need 1 a.
a 1.
>> [indiscernible]
>> okay.
now, I got from -- from t.o.d.
clark a letter today that my officer should have delivered to sherene thomas.
i forget what deadline he put in that letter.
>> unfortunately your posting for a 1 is briefing from county attorney.
it's outside counsel that needs to brief you, we need to give you different wording.
he can come back next week.
>> okay.
we will not need a 1 as john hilly just said repeatedly.
we will have it next week, though, with different language and take it up then.
we will discuss these items in executive session but will return to open court before taking any action.
We have returned from executive session.
>> [indiscernible] this meeting.
we discussed item no.
28 with lawyers, we will have it back on the court's agenda next week.
that's the matter involving tecolote farms. Number 30 is the matter involving a contract with the john and leslie gahn for 16-acres of land that they have -- they have -- offered to sell Travis County.
for inclusion in the balcones canyonland preserves plan.
I move that we accept the offer and purchase the 16-acres.
>> second.
>> discussion?
all in favor?
that passes by unanimous vote.
31 is the matter involving the city of Austin seaholm power plant project.
and -- and the project green.
we need staff to ask for additional information.
that we need to consider next Tuesday.
and let's indicate our intention to -- to review that information and take action on Tuesday if possible.
number 32 is the matter involving the security committee recommendations.
I move that we implement the -- the plan that costs $67,544 that we -- that we accept the offer to use the -- the capital improvement funding in the facilities department.
that is in the neighborhood of -- of $30,000.
>> correct.
>> and that we take whatever balance is necessary to get up to the $67,544 from allocated reserve.
>> second.
>> discussion?
and that we implement that strategy as soon as possible.
okay?
all in favor?
that passes by unanimous vote.
33 is the matter involving mountain view estates subdivision.
I move that we request the county attorney to no further enforcement action at this time and that we have this matter back on the court's agenda next Tuesday for a follow-up conversation and hopefully action.
>>
>> [indiscernible] you do want the county attorney to send out --
>> we did discuss the letter that -- that the county attorney had in draft and in our view that letter ought to be sent.
>> okay.
>> we did make a few revisions.
sort of an introductory paragraph and another concluding paragraph.
with those two changes the letter should be fine.
thank you, attorney jim -- john hilly.
>> [laughter] any discussion?
all in favor?
that passes by unanimous vote.
34 is a matter involving whether or not we should purchase professional malpractice insurance for lawyers in our new child and parental representation offices.
if I could do a two part -- two or three part motion.
the first part being let's try to get the state to pick up this -- this cost if possible.
and I understand that we have already asked them whether they will be able to do so.
haven't heard a response yet.
but if they will do so, then I think we ought to get them to do that.
secondly, though, if the state cannot pick this up because it's important, then I move that we first ask our lawyers to join that national association where malpractice ininsurance may be a lot more affordable than locally.
if that cannot be done, then point number 3 in this motion is that they seek out the most affordable malpractice insurance here.
and if we have to pay for this from Travis County funds, mr. Mansour, the risk fund will be a good source?
>> yes.
>> and appropriate?
>> yes.
>> that's a long motion, but I think it will get it done.
this is important, too, because these attorneys plan to start taking cases on may 1.
so this will give them roughly three weeks, a little bit more than three weeks to get that in place.
>> second.
>> discussion?
all in favor?
that passes by unanimous vote.
I guess we ought to do whatever we can and -- to get the state to give us an answer to that question.
even if it requires using Commissioner Eckhardt's name to apply pressure.
>> [laughter] now, there being no further business today.
>> move adjourn.
>> all in favor?
that passes by unanimous vote.
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Last Modified:
Wednesday, April 8, 2009 12:19 PM