Travis County Commissioners Court
August 18, 2009,
Executive Session
Let's announce that we will go into executive session at this time.
the other couple of items that we've not gotten to we'll get to this afternoon.
we will call up item number 31 that we have just discussed regarding the invoice from the interpreter under consultation with attorney.
we will get legal advice.
we also announced earlier that we would take up the number nine involving the central Texas rabbit club that we discussed a few moments ago.
and that will be consultation with attorney also.
and this morning we had a discussion of item number 1 and the action item on that is number 19.
and that's the matter involving a subdivision plat in precinct 3.
the panoramic hills matter.
and we'll take that up under the consultation with attorney also.
and we have about 30 minutes, so let's announce that we will discuss 32, consider and take appropriate action regarding purchase of 811 acres of undeveloped land in precinct 1, located east of u.s.
183 and north of the colorado river for open space parkland, 2005 bond program.
consultation with attorney and real property exception to the open meetings act.
33, consider and take appropriate action on the following: a, an offer to sell approximately 25 acres of undeveloped land located south of burleson road and east of u.s.
183 south in precinct four for inclusion in the onion creek open space parkland, 2005 bond project.
and 33-b, request the county auditor to issue a check for $15,664 to heritage title company of Austin upon full execution of the contract and full audit of the claim and the county treasurer to release the check to the vendor.
that will be consultation with attorney and real property exemptions to the open meetings act.
34, consider and take appropriate action on an offer from karma eastton inc.
to convey approximately three acres of fee title interest and easement rights parcel number one and one-e to Travis County in exchange for 2,820 square feet of unused excess right-of-way, parcel number 2, for construction of the 2001 bond program, mckenny falls parkway improvement project locate understand precinct four.
consultation with attorney and real property exceptions to the open meetings act.
35, receive legal briefing regarding shumaker enterprises, inc.
versus county of travis, Texas, et al and take appropriate action.
and -- those are probably the only ones we will get to, 31, 32, 33 and 34 and 35.
>> on 35, that was under attorney-client.
>> consultation with attorney, right.
>> okay.
>> and let's save the others for this afternoon.
we would have to be travelling at break neck speed in order to get more than this done in the next 30 minutes.
so we will go into executive session to discuss these items, but will return to open court before taking any action.
>> > we have returned from executive session where we only discussed part of item 32, which we'll announce again this afternoon when we reconvene in executive session after our open court discussion.
i move that we recess until one 30:00.
>> second.
>> all in favor?
that passes by unanimous vote.
with Commissioner Huber temporarily off the dais.
she had to run to another commitment.
>> now, this morning we began our executive session discussions.
mr.
priest would like to discuss us on one of the matters that we will discuss in executive session and that is the matter involving the campo bylaws.
and that's number 36, receive briefing and take appropriate action on the capital area metropolitan planning organization's, campo, proposed changes to bylaws.
mr.
priest?
>> thank you, judge.
it was item 11 on the campo meeting that you had, agenda item number 11, the transportation policy board that you had on August the 10th.
there was an additional handout on that meeting that had the yellow highlighted language that was submitted for citizens comments.
and I was requesting that the court include that when they vote on the language on the citizens communication.
also, I was -- I'm going to leave this information with your city attorney.
there was -- county attorney, sorry.
the second item, and I'm referring to the campo one that was not the draft copy, but the back copy of the -- dated July 2009.
so the other change was that the language for the -- it's under citizens communication and I've made marks on the pages so they will be easy to find.
it's just two pages that we're talking about.
>> okay.
>> the other one was the -- what I alluded to as the garber amendment.
i believe you are aware of which one time talking about.
the third one I've already scratched off because they did address it -- y'all had a single page handout that was referring to the bylaws.
instead of having robert's rules, it was bylaws that would overrule the robert's rules.
and this has been left out and I've talked to senator watson's office and others on the campo staff and board since the April meeting.
we discussed it in February and then I believe it was joe clifford from Round Rock, the mayor of Round Rock, he included in the language to include -- it's under reasonable transportation, five of 15.
there was reasonable transportation systems and they had three listed.
one was regional highway system, regional public transportation system, and regional airport system.
and then he wanted to include a fourth one, which was bike and pedestrian system.
he had mentioned that.
and it was never included in the plan.
and I believe under the federal rules that I think y'all are supposed to have that in there.
i know they left it out because the stimulus funding they -- it was a time factor, and they had left that part out, mr.
eden and I think yourself, judge, made comments on it during the campo meeting.
but that's pretty much all that I wanted to leave with you today.
i appreciate getting opportunity to speak on this before you go into executive session.
>> okay.
now, I have chatted with joe gieselman.
i think he needs additional time to look at some of this.
so I thought I would lay the change out so we could mull over it and then bring it back next week to take action.
but that is item number 36.
and we will take it up in executive session under consultation with attorney.
and john tells me that even the ones that I read this morning I need to reread into the record.
>> sorry to have you do that, judge.
>> john, I enjoy hearing myself.
the other members of the court may not.
>> [ laughter ]
This morning we did discuss item number nine, consider and take appropriate action on request from the central Texas rabbit club for a discounted rate to use the Travis County exposition center show barn for their annual event.
there are a couple of legal questions, so we'll go into executive session under consultation with attorney on that one.
we also said we would take number 19, consider and take appropriate action regarding a plat for recording in precinct 3 revised plat of a portion of panoramic hills lot 37, four total lots, under consultation with attorney too.
that's a matter that we had the public hearing on this morning.
and the other item that was not posted for executive session, which one was that?
>> 31?
>> item 31, oh, yeah, the one involving the interpreter fee.
31 is to consider and take appropriate action on request for Travis County to pay for interpreter used in the consolidated hearings of Texas alcoholic beverage commission, tabc, versus merced and graceela benitez and tabc versus los comales, inc.
and that's the consultation with attorney exception to the open meetings act also.
then we will discuss the matters involved -- the matters posted for executive session.
32, consider and take appropriate action regarding purchase of 811 acres of undeveloped land in precinct 1, located east of u.s.
183 and north of the colorado river for open space parkland, 2005 bond program.
consultation with attorney and real property exceptions to the open meetings act.
33, consider and take appropriate action on the following: a, an offer to sell approximately 25 acres of undeveloped land located south of burleson road and east of u.s.
183 south in precinct four, for inclusion in the onion creek open space parkland, 2005 bond project.
and 33-b, request the county auditor to issue a check for $15,664 to heritage title company of Austin upon full execution of the contract and full audit of the claim and the county treasurer to release the check to the vendor.
consultation with attorney and real property exceptions to the open meetings act.
34, consider and take appropriate action on an offer from karma easton, inc.
to convey approximately three acres of fee title interest and easement rights, parcel one and one-e to Travis County in exchange for 2820 square feet of unused, excess right-of-way, parcel number two, for construction of the 2009 bond program, mckinney falls parkway improvement project, locate understand precinct four.
consultation with attorney and real property exceptions to the open meetings act.
35, receive legal briefing regarding shumaker enterprises, inc.
versus county of travis et al and take appropriate action.
consultation with attorney exception.
36 we previously announced a moment ago that we would take into executive session.
37, we postponed, will not discuss today.
38, consider and take appropriate action on request for five-year sublease of exposition center with certain terms and conditions from star of Texas rodeo and related issues.
consultation with attorney and real property exceptions per john hilly, my note says.
39, consider and take appropriate action on request from "austin american-statesman" for certain information regarding employment of executive manager of administrative operations and humane -- human resources department of Travis County.
consultation with attorney.
and our final item to discuss in executive session will be number 40, receive briefing from county attorney and take appropriate action regarding application of txi for a development permit, including thorgzing the county attorney to take legal action and expend funds to prevent the project for which the development permit is being sought.
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.
it looks like we've got quite a bit of backup to take with us today.
>> we have to talk about names and move people around.
is it open court?
>> it would have to be open court.
there's no exceptions to discuss --
>> [ inaudible ].
>> that's item 2.
>> we can take care of that, but the posting --
>> hold on.
i'm getting good legal advice now.
>> [ laughter ]
>>
>> [inaudible - no mic].
>> you don't have an open meetings act discussion of an individual who you want to discuss.
>> okay.
we'll do it in such a way that my concern won't surface.
but I had planned to talk about specific individuals.
in different slots.
in hrmd.
>> the preference would be to post those individuals individually on your agenda if you're going to discuss those individuals.
>> thank you, media.
legal has talked me out of what I wanted to do.
so it must be good legal advice.
then we will only discuss those that we announced.
We have returned from executive session where we discussed the following items. Number nine, the request from the central Texas rabbit club for a discounted rate at the expo center.
>> judge, I move that we enter into a license agreement with the central Texas rabbit club, and it would basically be contingent, though, on them producing a record to show that they are a legitimate 501(c)3.
and we'll ask and direct the county attorney's office to prepare a license agreement to that effect with the involvement of the facilities management folks, roger el khoury and those folks.
and also a rendering of the depiction of where exactly -- the location they will actually be using at the Travis County expo center.
and we will basically wait to see exactly what the findings will reveal.
but it will be contingent on those conditions.
>> okay.
so if it's not a 501(c)3.
>> we'll have a problem with that.
>> okay.
second the motion.
discussion?
all in favor?
that passes by unanimous vote.
>> is that an expectation that would be brought back to the court if it met that contingency so you can sign it or would -- would someone delegate that back to the director of the facility to sign it?
>> yes.
that would be proper, I guess for us to see it.
we basically need to see that.
I want to see the evidence, number one, with that documentation.
but the license agreement should be prepared in preparation on that contingency.
we need to see the documentation before we do that.
>> move we authorize Commissioner Davis to sign if the contingencies are met.
>> no problem.
>> discussion?
that way we get it done.
all in favor?
that passes by unanimous vote.
>> thank you, john.
>> we discussed number 19, the matter that we had the public hearing on, the panoramic hills subdivision request.
we indicated to participating residents this morning that we would take two weeks and then take action on this matter.
we'll have 19 back on the court's agenda on September 1st.
any other action required on this one today?
the matter involving the tabc hearing and qut for the county to pay the -- and the request for the county to pay the interpreter invoice, we chatted with legal about this.
we need to do additional work and we should be able to get that work done between now and the 25th.
one week good enough do we think?
it will be back on the court's agenda on August 25th.
which is next Tuesday.
anything else on this item?
okay.
then to the items that are posted for executive session discussion.
we discussioned number 34, the possible -- not 34, but 32, the potential purchase of about 811 acres of undeveloped land.
we did indicate the need to have a follow-up discussion next week.
any other action required on this one today?
>> no, judge.
>> then we'll have it back on August 25th.
>> 33, the possible purchase of 25 acres.
we got legal advice on that one from a real estate perspective.
it seemed to be a bit pricey.
let's mull over it one week and have a and b back on next week and try to decide on a cows course of action.
anything else required today?
that's 8-25 also.
number 34 is an offer to sell Travis County -- really to transfer to Travis County three acres in exchange for a small parcel that the county owns.
move that we have this on the court's agenda next week for an intended execution of a contract to approve the offer.
>> second.
>> discussion?
all in favor?
that passes by unanimous vote.
>> did we decide who in legal would see that contract?
>> yes.
>> you will get with whoever?
okay.
number 35, show maker surprises -- shoe maker enterprises, we got a good briefing.
no action required today.
36, the matter involving the capital area metropolitan planning organization's bylaws.
we need to take two weeks on this one.
in the meantime I'll touch base with the senator, let him know what's going on and we will plan to take action on that matter in two weeks.
and that will get us to September 1st of '09.
37 we did not discuss.
we announced before executive session that that would be postponed.
38, the proposal from the star of Texas fair -- star of Texas rodeo regarding a sublease at the expo center.
move that we accept Commissioners Davis and Huber's agreement to volunteer to serve as a subcommittee of the Commissioners court to negotiate with the star of Texas rodeo over the next two weeks and report back to the Commissioners court hopefully, and for us to take action on it September 1st, '09.
anything else required on that one?
is there a motion?
is there a second, rather?
that was my motion.
>> second.
>> seconded by Commissioner Gomez.
discussion?
all in favor?
that passes by unanimous vote.
39 is a request from the "austin american-statesman", two requests for information regarding executive manager and director of human resources.
I can state for the record that the county judge is authorized to release the employee grievances that were filed in stitle, darby and -- what was it?
>> hardin.
>> errol hardin.
the chuck kelly matter is still ongoing, so that cannot be released at this time.
so those three grievances.
we will need additional time to go through the personnel files of ms. Perez and ms. Smith before concluding what parts of those files can be released and which ones should not.
and that will take a matter of days, couple of days we think we can get that done?
okay.
and for the contracts with the consultant who did the climate survey and the coach mediator, that information will be made available immediately, if not late this evening, then first thing tomorrow morning.
and the part that the court has to waive would be pertaining to the climate survey that was conducted by the consultant.
and I move that we release that survey to the "austin american-statesman" in response to its request.
>> second.
>> discussion of that motion?
all in favor?
that passes by unanimous vote.
and I believe that will cover the requests that were made by the statesman.
so on the specific pieces, I can release them those.
the survey the court just approved.
chuck kelly we can't release because it's ongoing or pending litigation.
and on the personnel files, we simply need to go through and see what needs to be redacted and whatnot before we leasing them.
-- before releasing them.
it's probably best to release this all at one time except for the personnel files, so maybe tomorrow morning is better than --
>> your convenience.
>> -- tonight?
>> whatever you would like to do.
>> can we say 11:00 tomorrow morning?
>> she needs on the microphone, judge, if she's saying something pertaining to the court.
>> grab a mic.
>> have a seat at this table.
>> are any of the documents available today, now, tonight?
>> actually, is somebody else releasing them?
would nat bradford be the one to release them.
>> [inaudible - no mic].
>> you certainly may.
>> that would be great.
thank you.
>> and sherri thomas and leslie dipple who were bragging about their ability to these get those to you.
you can see them after the meeting.
appreciate your patience on this.
>> sure.
>> I am happy to announce that that is all of our business today, isn't it?
>> yes.
>> number 40 -- 40 we did discuss.
we'll have that back on next week n my view no further action required today.
>> no, no.
maybe additional language, but --
>> so 40 will be back on next week.
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Last Modified:
Tuesday, August 18, 2009 6:00 PM
