Travis County Commissioners Court
September 8, 2009,
Executive Session
If we do the order this afternoon, but I will have a couple of questions.
that was a-2, consider and take appropriate action regarding request from the Travis County health care district for support in the district's participation in intergovernmental transfer for drawing drawn federal funds in the upper payment limit program, if john hilly is available on that.
a-1 is to -- be the way, a-2, consultation with attorney.
a-1, receive legal briefing and take appropriate action regarding contract award for flexible spending accounts, rfp number p 090270 j to the qualified respondent fbmc, premier benefit solutions.
consultation with attorney exception for a-1.
that's three items.
let's announce, 35, consider and take appropriate action concerning the settlement offer regarding charges for starflight services rendered to gerald pouliotte.
consultation with attorney exception to the open meetings act.
41, receive briefing and take appropriate action related to manchaca community center located at 1310 fm 1626.
and we have been asked to postpone item number 39, postpone 39 until next week.
my guess is that if we get those three items covered in about 25 minutes, we probably will have done good work.
so we'll just announce those items and the other items --
>>
>> [inaudible - no mic]
>> okay.
41 will be consultation with attorney.
thank you.
let's also announce real estate exception on 41 just in case.
okay?
so we'll discuss these in executive session, but will return to open court before taking any action.
>> we are back from executive session where we discussed the four items that we announced.
we did complete those items; however, there are other executive session items we'll need to discuss this afternoon.
i move that we recess until 1:30.
>> second.
>> all in favor?
that passes by unanimous vote.
At this time, we will announce one item for executive session discussion, that's number 37.
37.
consider and take appropriate action on request for amendment to sublease of exposition center with certain terms and conditions from star of Texas rodeo and related issues and agreements.
and thisment be under the consultation with attorney and real property exceptions to the open meetings act.
we will discuss this one item only and then reconvene in open court to discuss this item with representatives from the star of Texas rodeo.
Now we are back to our executive session items, I believe.
and are you all here to see what action we are taking on the ones we did this morning?
do you want to take action this morning?
we did discuss a-1, the matter involving the new contract regarding flexible spending with fbmc premier benefits solutions.
and we had discussed the possibility this morning of some debits being allowed at the point of contact by providers that were later declared ineligible.
and one way to do that would be get employees to declare basically that where there was that situation, they would pay that invoice ultimately and Travis County would not.
and that if the bill were sent to Travis County and we were forced to pay it, then the employee would agree to reimburse Travis County or let Travis County withhold from his or her compensation that amount.
and barbara seems to think that would be all right.
>> and that is currently written into the contract; is that correct?
>> it's in the contract and it's in the fee agreement that they have to -- when they sign up for the debit card -- charles vaughn from the auditor's office.
when they sign up to use the debit card, it's also for the agreement.
>> and we can do a little more employee education on that fact as well, that the card is only designed for eligible items and if for some reason something is ineligible, that this is what they can expect and just lay it all out for them.
>> the other thing I think should be added to the agreement if it's not there already is that the repeated violation of that policy may result in the employee being declared ineligible to use the debit card.
if this is there as a matter of convenience, it makes a lot more sense than the current method where you have to periodically, I guess, do a paper invoice and provide documentation of the expense.
so this debit card will enable you basically to withdraw it from your money as the year progresses.
>> judge, I second the motion, but I would also like to find out when would this particular debit card be ready and available with the condition that we have stipulated here from the dais, the terms and the concerns --
>> October 1st.
>> I heard you say something that you would educate employees to let them know exactly what -- what we're suggesting here and if this motion passes what we expect to see happen.
>> correct.
and in our employee training that we did already, we did quite an intensive round of employee training during open enrollment so people would kind of know what to expect.
>> exactly.
>> we did indicate to them what the process is, but we can do some more, judge, with no problem at all because I think it's important people understand that the debit card is only intended for eligible fsa items because everybody wants to be in compliance with the i.r.s.
>> exactly.
>> I'm sure employees wouldn't attempt to violate it but if you do it unwittingly.
the motion is approve the contract with that understanding.
>> yes, sir.
>> seconded by Commissioner Davis.
ms.
wilson eye just heard y'all talking about and thought I better be down here in case there was another question.
>> we adopted all of the good legal advice you gave us.
any more discussion?
all in favor?
that passes by unanimous vote.
john, we also discussed a-2, got our legal questions answered, I believe.
do we have that order?
>> well, it's better than we thought.
the treasurer's office did some searching and they found an interlocal agreement whenever we entered into the first transaction.
and that interlocal agreement is valid still today.
it continually renewed and it allowed the opportunity for other loans in the future.
and so delores was very pleased with that agreement in place.
i've sent copies of it to all of your offices, to the auditor's office and p.b.o.
and in my opinion that interlocal agreement will resolve any need because delores signed that original interlocal agreement in the first place.
so it's all set for you to take advantage of the --
>> no action needed.
>> you would still need to authorize the loan of the $12 million to the health care district pursuant to that interlocal agreement.
>> move that we approve the request from the Travis County health care district for $12 million from Travis County with the understanding that this would help them access greater federal funds for this community and with the understanding that they would pay us back as soon as possible, and this morning the representation was within a week to 10 days, wasn't it?
>> correct.
that is what --
>> second.
>> we have done this before and it happened harmlessly.
>> and it enables them to access an additional $52 million?
>> right.
they will send up 56 and they will get back an additional 52 back on top of that 56.
so it's a great deal if you can get it.
>> discussion?
all in favor?
show Commissioners Eckhardt, Gomez, Huber and your truly voting in fair.
>> and Commissioner Davis abstaining because his wife is employed with the daughters of charity of seton and I will submit the proper documentation to the clerk to support this particular statement.
thank you.
>> now, this morning we also got a briefing on 24-a, the fiscal that involves the city of Pflugerville and the developer and we were told we need to bring b back next week.
>> but I would move we do move forward with calling down the funds in 24-a.
>> second.
>> seconded by Commissioner Gomez.
discussion?
all in favor?
that passes by unanimous vote.
and we took into executive session this morning one more item.
>> 41.
>> 41.
41 is the matter involving the community center at 1310 fm 1626.
>> I move the licensee be authorized to provide 300,000 as sufficient in complying with section 5.8 of the license agreement.
>> second.
>> seconded by Commissioner Gomez.
discussion?
all in favor?
that passes by unanimous vote.
now we need to return to executive session to complete our executive session work today.
we have been in there at least twice already on star of Texas rodeo, but we need to go one more time.
and that's item number 37.
consider and take appropriate action on request for amendment to sublease of exposition center with certain terms and conditions from star of Texas rodeo and related issues and agreements.
and this will be under the consultation with attorney and real property exceptions to the open meetings act.
35, consider and take appropriate action concerning the settlement offer regarding charges for starflight services rendered by gerald pouliotte.
consultation with attorney.
36, receive breaching and take appropriate action on the capital metropolitan planning organization's campo, proposed changes to bylaws.
consultation with attorney exception.
number 38, receive legal briefing from county attorney and authorize county attorney to accept, reject or counter settlement offer and/or take appropriate action in a claim filed by katherine whippingfein.
39 we announced this morning we need to call up next week.
consultation with attorney on 38.
thank you, lawyer hilly.
40, consider and take appropriate action to authorize a broker to proceed in finding a data center for short-term lease of three to five years.
real estate exception.
and let's also announce legal just in case on item number 40.
and our final action for discuss will be 42, consider and take appropriate action regarding claims of former executive manager of assistive operations and director of the human resources management department.
consultation with attorney and personnel matters exceptions to the open meetings act.
>> consultation with attorney exception, they are no longer employees.
>> you heard that, public.
our lawyer says 42 only under consultation with owner, not personnel matters, right?
>> correct.
>> we will discuss these items in executive session under the exceptions announced, but will return to open court before taking any action.
>> we returned from executive session where we discussed the items that we last announced.
however, we've been asked by the county attorney to call back up a-1, and I move that we call it back up for further consideration.
>> second.
>> discussion?
all in favor?
that passes by unanimous vote.
the note says let's bring back up item a-1 to take additional appropriate action to get the cards to the employees by October 1st.
we need to have the court approve the claim for the escrow funds per agreement and release funds no later than September 14th, 2009.
and might have approval.
>> second.
>> this is from attorney barbara wilson.
>> discussion?
all in favor?
that passes by unanimous vote.
number 35 is for settlement offer regarding starflight services.
move we accept the offer?
>> second.
>> all in favor?
that passes by unanimous vote.
we did get our briefing regarding campo bylaws in item number 36.
we did request additional work.
we'll have it back on the court's agenda next Tuesday in the event we need to take follow-up action.
okay?
we discussed number 37 for the third time today.
that's the matter involving the star of Texas fair and rodeo.
>> judge, might have that we accept these general contract amendment terms for our contract with the star of Texas fair and rodeo.
one being that it wold for three years, an interim arrangement.
that the rent would be $150,000 per year, which includes concession considerations included in that.
three, that the capital improvements of 30,000 in kind services are a part of that.
four, that the use days, six additional use days broken up not one single block to accommodate other licensees.
five, financial star of Texas fair and rodeo to provide copies of audited financials beginning with the 2009 event provided on an annual basis.
and six, signage.
the star of Texas fair and rodeo has all signage rights and revenues for use days; however, the parties agree to meet in good faith to negotiate mutually beneficial long-term signage arrangements.
seven -- couple more.
seven, repairs, the star of Texas fair and rodeo to pay for actual repairs during the fair and rodeo using the services of a third party inspector.
and for the star of Texas rodeo to reimburse the county for utilities.
and that we direct legal to pursue in writing these up into legal contract form.
>> I second that again.
>> [ laughter ]
>> thank you.
>> I was anxious to make sure that they -- anyway, second.
>> any discussion?
all in favor?
that passes by unanimous vote.
number 38 is the settlement offer that we received regarding the claim by catherine winkfein.
move that we take no action today and that we have it back on the court's agenda next Tuesday for appropriate action.
>> second.
>> discussion?
all in favor?
that passes by unanimous vote.
we did not discuss item 39.
we previously announced that it would be postponed.
number 40, the matter involving authorizing a broker to proceed in finding a data center for short-term lease of three to five years.
move that we enter into an agreement with ugalegous to do this work for us.
>> second.
>> discussion?
all in favor, that passes by unanimous vote.
41 is a matter involving county owned property -- we sure did.
we did that earlier today.
and 42, we did get our advice from legal counsel.
in my view no action required on this matter today.
>> did we do 35?
>> 35?
we did.
starflight item.
colleen, I'm afraid to say we have done our work for today.
>> move adjourn.
>> second.
>> 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, September 8, 2009 2:14 PM
