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Travis County Commissioners Court

April 14, 2009,
Executive Session

View captioned video.

We have come to executive session, we indicated a few moments ago that we would call up item number 16, 16.
consider and take appropriate action regarding a request from workforce solutions - capital area for a license 26.
receive briefing from retained outside counsel and take appropriate action regarding cause no.
d-1-gn-09-0005000; j.
adan ballesteros vs.
Travis County, Texas and bob vann; in the 250th district court of Travis County, Texas, consultation with attorney exception 27.
consider and take appropriate action on purchase contract for approximately 3.5 acres of land from the Travis County community supervision and corrections division to secure smart facility enhancements.
1 consultation with attorney exception and real property exceptions to the open meetings act.
28.
consider and take 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 projec green.
this is under the deliberation regarding economic development negotiations part.
29.
receive briefing from county attorney and take appropriate action regarding mountain vie estates subdivision, consultation with attorney exception.
30.
receive legal briefing and take appropriate action on need for professional malpractice insurance for lawyers in child and parental representation offices, consultation with attorney.
we put 30 on john, just in case we need it, so someone decides whether we need it or not.
and we will take --

>>

>> [indiscernible]

>> were you and I the two who decided we might need it?

>>

>> [indiscernible]

>> okay.

>> we've announced it anyway, in case we change our minds.
25.
consider and take appropriate action on request to address water availability and related issues at tecolot farms, consultation with the attorney on open meetings act, ms.
wilson.

>> when you announced, you announced 16 but read item 15, so I am assuming you meant item 15 on the cobra issue.

>> you said item 16, but it is item 15 and then you read the right description.

>> I read 15, I just said.

>> I am saying so when they take the notes it won't be confusion, it was 15.

>> that was a test, ladies and gentlemen.
i read 15 and that's the one we are going to executive session, under consultation with attorney.
we will discuss these items in executive session but return to open court before taking any action.
(executive session)


>> good evening, we have returned from executive session where we have discussed the items that we have announced, including item number 26, the matter involving the lawsuit by ballesteros versus Travis County and bob vann.
i move that we approve the consent to remove to federal court out of state court, that we approve the proposed representation letter, and that we authorize the county judge to sign both documents on behalf of the Commissioners court.

>> second.

>> discussion?
all in favor?
that passes by unanimous vote.
and I think that outside legal counsel is waiting for both of these documents now.
if you would come forth and take a bow, we'll hand them to you.
you don't get paid extra for the bow.

>> [ laughter ] thank you very much.
item number 25, which involves the tecolote farms.
we did hear testimony today and part of that was by professor jack sharp who indicated he could use students to do a survey out at the farm, so my motion is for us to basically encourage that survey, along with the cooperation of the petrie family, and that we indicate the court's willingness to drill five test wells, five test wells, on the property after seeing the results of the survey and that after we have finished those two activity that we decide how to proceed.
the intention will be that if in fact water is found on the property, then we will move accordingly.

>> would you consider it a friendly add on to also post the work session on the website?

>> that's fine with me.
were we planning on having a work session?

>> the previous work session.

>> oh, okay.
yeah.
discussion?
all in favor?
that passes by unanimous vote.
now, number 27 is a matter involving the smart facility enhancements for the Travis County community supervision and corrections division.
i move that we approve the proposed purchase contract in the amount of $607,306, which covers 3.25 acres of land.

>> second.

>> discussion?
all in favor?
that passes by unanimous vote.
28 involves the city of Austin seaholm power plant project, including financial incentives for project green.
is there a motion on this one?
are we ready?

>> sort of a tepid motion, but what about moving forward with an exploration of the financials on a specific tif amount and a capped aggregate investment?

>> all right.
then why don't we just throw out there 50% tif up to 20 years, or four and a half half-million-dollar investment, whichever comes four.

>> second.

>> that's just a bit more specific.
and we reserve the right to change that.
my goal is that we would have mr.
rhodes communicate with the tif board and appropriate city of Austin representatives and see where that goes.
okay?
discussion of the motion?
all in favor?

>> abstain.

>> show Commissioners Eckhardt, Gomez, Huber and yours truly voting in favor.
Commissioner Davis abstaining.
29 is a matter involving mountain view estates subdivision, after we did have a long discussion on that one, based on that discussion I move that we follow through on the research and preparation of what we consider to be any and all creative options that we reduce those to a written summary.
that we have a meeting, non-court meeting, with the residents out there, which is the first part of the motion.
the second part is that we go ahead and proceed with litigation and all other legal remedies necessary to move this matter.

>> second.

>> discussion?

>> I'm sorry, let me withdraw my second.

>> okay.
seconded by Commissioner Huber.
discussion?
all in favor?
that passes by unanimous vote.
we did not discuss 30 because we didn't need it and we didn't announce it either, did we, john?

>> you announced it, but we didn't need it.

>> john, this is no the time to be so picky about -- number 15 is the matter involving special cobra rates for covered surviving spouse or dependents of active employees who die.
move that we approve this item to be given prospective application and our lawyers want us to clarify that we're talking about living and workers, employees today and in the future.

>> second.

>> any discussion?
all in favor?
that passes by unanimous vote.
ms.
porter, according to my records, that does it.

>> judge, members of the court, tz a matter of -- as a matter of pending business on agenda item number 20, the court directed igr to draft a letter to state representative rodriguez expressing our concerns, which we would like to have resolved in his committee substitute.
we have a draft of that letter for the members of the court now, and an original ready to be signed and are prepared to recommend to the court that they approve this letter and go ahead and sign it so that we can get it over to them this afternoon.

>> and for john hilly's edification, this is number 20, consider and take appropriate action on legislative matters including -- and this is -- this is including c.

>> I think it's c.

>> also included in this is a tax implication that will be experienced by such a bill, how the Travis County taxpayers are going to bore all across the board significant tax increases.
i think that should also be a part of it.
but since it's not, I guess I will have to say it publicly that Travis County residents all over the county will have to bore a significant increase as far as taxes are concerned.

>> the court identified three issues they wanted to address in this letter to representative rodriguez and we wanted to flesh out potential changes to its committee substitute and a brief statement of the rationale for each of those in the draft you have in front of you.

>> any questions about the draft?

>> no.

>> move approval.

>> second.

>> discussion?
all in favor?
show Commissioners Eckhardt, Gomez, Huber and yours truly voting in favor.
ition Commissioner Davis voting no.

>> Commissioner Davis voting no.
is one of these the original?

>> this is the original.

>> all right.
this is one that we hope to get to the representative as soon as possible.
okay.
with that, ms.
porter moves that we adjourn.
i second.

>> [ laughter ] maybe a motion by a Commissioner.

>> [ laughter ] 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, April 14, 2009 2:20 PM