Travis County Commissioners Court
December 1, 2009,
Executive Session
Now let's call back to order the voting session of the Travis County Commissioners court and based on my records, we covered everything scheduled for open court except executive session stuff.
we do have with us today a representative from the ems number 4 fire station in case we have questions that we would like to ask him and open sessions, it's posted for executive session and 32 is to -- 31, rather, is to around take appropriate action -- consider and take appropriate action on the possible disposition of .733 acres of unused excess right-of-way adjacent to the Travis County emergency services district number 4 fire station on hunter's bend road as requested by Travis County emergency services district number 4.
and, sir, would you like to give comments?
>> sure.
i'm here representing chief smith who actually had knee surgery yesterday.
he's recovering the rest of this week, talked to him earlier, he's doing just fine.
this is the right-of-way we're trying to access behind station 1 over on the Austin colony subdivision on hunters bend road, we are actually, that station was built back in mid 1980's, we're trying to expand as the community expands.
no doubt there's about 3,000 we call them homesteads, properties, parcels out there.
it's growing.
our station needs to be ready for that growth, continued growth and also prepare for the future, how we can strategize it.
we've been trying for about a year not to get this process through t.n.r.
the chief asked me to do this.
i think it's doable.
and we are just asking a little assistance on this.
with declining revenues, we can -- any help that we can get to any of the right-of-way would be much appreciated.
>> okay.
>> t.n.r.
seems to recommend this item conditioned upon a sales price of $16,000.
>> yes, sir, I understand that.
it appraised at 16,000.
we went through the process to get the appraisal done.
>> okay.
>> so, yeah, we understand exactly what the property is worth.
it was unusable property when we first found it and we're just trying to gain access because we really cannot expand backwards because of utilities, we are trying to go more south.
we anticipate being able to build about four bays to accommodate not only our fire fighting apparatus but also maybe a future position of a paramedic unit, okay, that comes into play.
>> the question is whether you are able to --
>> pardon me?
>> are you able to pay $16,000?
>> [laughter]
>> well, once again here able and in this recession right now is very -- that is a term that we prefer to say that, you know, we would like to see if we can get it for nothing if possible.
okay.
>> that requires a legal opinion.
>> I understand, I understand.
>> did you give us your name.
>> sure.
it's florencio soliz one of the assistant chiefs for esd 4.
>> mr.
soliz, right.
then, legal, item 31, which we just started discussing, we will need legal advice on in executive session today, we will also call it up under the real property exceptions to the open meetings act.
you will wait around for our answer.
that may take -- I would guess about an hour, based on the number of items that we have, maybe an hour and a half.
>> that's fine, judge.
i'm here to answer any questions, provide any clarifications that I need to.
i will be here the rest of the afternoon.
>> additional questions may come up --
>> chief smith the other day didn't tell me about having to have knee surgery.
>> it's been coming for a while now.
he decided it was lingering too long, decided it was time to get it done.
>> that's good.
tell him we wish him well.
>> okay.
>> number 15.
Travis County wheels, accept donations and add bikes to the asset inventory, we discussed that in open court this morning, realizing that we need to discuss the waiver further with our legal counsel, so we will take it into executive session under the consultation with attorney exception to the open meetings act.
29.
receive briefing from county attorney and transportation and natural resources on status of acquisition of open space land on the rison tracts.
plural.
consultation with attorney and real property exceptions to the open meetings act.
30.
consider and take appropriate action regarding the potential purchase of real estate in central Austin area.
consultation with attorney and real property exceptions to the open meetings act.
32, we previously announced 31.
32.
consider and take appropriate action regarding the potential sale of county owned real estate in central Austin.
consultation with attorney and real property exceptions to the open meetings act.
33.
consider and take appropriate action on a proposed acquisition of approximately nine acres of land near lime creek road in northwestern Travis County for inclusion in the balcones canyonlands conservation preserve.
consultation with attorney and real property exceptions.
34.
consider and take appropriate action on acquisition of approximately 260.4 acres of land owned by new life international in connection with the balcones canyonlands conservation plan.
consultation with attorney and real property exceptions.
35.
consider and take appropriate action on acquisition of approximately 17.374 acres of land owned by james william and nancy richards in connection with the balcones canyonlands conservation plan.
consultation with attorney and real property exceptions.
36.
consider and take appropriate action on purchase contract with jack bow for the acquisition of property on hedgerow place.
this is the real estate exception to the open meetings act.
let's do legal, also, mr.
hille, just in case.
37.
receive briefing and take appropriate action on modification no.
3 to contract no.
ps070371jw, espey consultants, inc., consulting services for hamilton creek and pool cleanup.
consultation with attorney and 37 will be the last item we discuss in executive session, we will return to open court --
>>
>> [indiscernible]
>> huh?
>> 17.
>> hold on, media.
17?
fees?
>>
>> [indiscernible]
>> no.
we don't need that.
>> 15 I announced.
>> okay.
>> I announced 15.
>> 17 was the fee, quick open meetings act question.
>> [indiscernible]
>> oh, okay, I forgot about that.
thank you, ms.
porter.
i was just trying to keep you on your toes over there, make sure that you were watching our meeting.
so t.n.r.
understands that we are posted for the January 10th, 2009 action, not the other.
>> the June.
>> the June.
the June --
>> bring that back next week for you.
>> move approval of what's posted to be effective January 1, 2010.
discussion?
all in favor?
that passes by unanimous vote.
with Commissioner Gomez surprised by this action.
and temporarily off the dais.
we'll discuss those items in executive session, but we'll return to open court before taking any action.
We have returned from executive session where we discussed the following items, number 5, the matter involving the Travis County wheels.
bike program.
and we have been working on the -- an appropriate waiver for the last couple of weeks and we have another document before us, which incorporates the ideas that we discussed with our legal counsel in executive session.
any questions about this?
did we talk once before about -- about leaving this program in place about a year and then trying to figure out the results?
>> yes.
>> the impact, et cetera?
>> yes.
>> okay.
so I would move approval of the program, along with the resolution establishing the -- the public purpose.
and the waiver as amended based on our conversation today.
>> second.
>> seconded by Commissioner Davis.
now, I end up with three here.
these are the same documents?
>> yes.
>>
>> [indiscernible]
>> yeah, then I execute two of them?
>> one is all
>> [indiscernible]
>> [inaudible - no mic] resolution.
>> uh-huh.
>> yeah.
>> order establishing Travis County bike program, order?
>> uh-huh.
>> right.
you only need one.
it's for the clerk.
>> discussion?
all in favor?
that passes by unanimous vote.
there is that one document that john hille says that we need.
and we did approve the fees item.
number 29, was the matter involving the -- the potential acquisition of land for open space on the rison.
tract.
in my view no action required today.
we will have it back on the court's agenda next week for appropriate follow-up action.
and between now and then, t.n.r.
staff and legally do what's necessary to continue in the course that we approved a couple of weeks back.
anything further on this item?
item no.
30 is a matter involving the potential purchase of real estate in central Austin area.
we did discuss that matter.
with legal.
and staff.
under the real estate exception, we will have it back on the court's agenda next week for follow-up discussion and any action that's required.
we did say that we may have follow-up questions or requests for information tomorrow or the next day and, if so, get those to susan spitaro, roger el khoury, we will share it among ourselves so we'll know what's going on.
but by all means, any of us who who has questions should get those to roger and susan.
>> do you want those routed through diana warner so they all go to the same spot?
>> okay.
that would be good.
>> 32, the matter involving the potential sale of county-owned real estate in central Austin, because we got a request, inquiry into our interest, we decided to adopt a more comprehensive process dealing with targeted county-owned land and to give ourselves about three weeks to put together appropriate backup and, joe, appropriate agenda wording, so that we could head in the right direction on this and try to figure out where we are headed.
and so we would be able to give inquiring parties a statement of the court's position without having to come back to the court every time we got inquiry.
and, joe, you will be happy to learn that we are concerned not only about that one piece of property, but three or four others that we have gotten inquiries about.
and three weeks from today would be December 22nd?
>> yes.
>> the longer I stay in this job, the easier that becomes, ms.
porter.
i don't know whether that's good news or bad.
32, we'll have back on December 22nd.
hopefully have a chance to review a little information before then.
33 is the matter involving the approximately nine acres of that the bennett tract.
>> bender.
>> bender.
>> okay.
>> I should do a motion?
>> I'm happy to.
>> move that we make an offer for $240,000 for the 9.3 acres in the bender property in relationship with the balcones canyonlands conservation preserve.
>> discussion?
all in favor?
that passes by unanimous vote.
34 is the matter involving the potential purchase of approximately 260.4 acres of land owned by new life international in connection with the balcones canyonlands conservation plan.
i move that we authorize a counter by Travis County with the specific changes that we recommended.
>> second.
>> discussion?
all in favor?
that passes by unanimous vote.
35 the matter involving approximately 17.374 acres of land owned by james william and nancy richards in connection with the balcones canyonlands conservation plan.
also.
>> move that we offer $677,600 and also offer
>> [indiscernible] to
>> [inaudible - no mic] to find
>> [indiscernible] document.
>> second.
>> discussion?
joe, do you accept this growing responsibility?
>> I do.
>> all in favor?
that passes by unanimous vote.
36 is a matter involving purchase of a -- land from jack bow, basically the property on hedgerow place.
>> I move that we accept the counter of 21,500.
>> discussion?
all in favor?
that passes by unanimous vote.
number 37 is a matter involving a modification to the contract with espey consultants, inc.
and hamilton pool and the pool cleanup, hamilton creek and the pool cleanup.
we did get a whole lot of advice.
i'm happy to say, john, we are inching our way to toward completion.
probably an eight of an inch at the time but inching nonetheless.
should we have this back on in about two weeks?
or do we think that we'll have something to act on next beak next week.
>> with the say things are going, two weeks is fine, I guess.
>> okay.
ms.
porter, that would be the 15th of December.
colleagues, the rest of the day is --
>> 31.
>> did we do 19?
>> beg pardon?
>> we did not do 31.
that was the request for a gift of .733 acres of land to the ems district number 4.
we were advised by legal counsel that the law prohibits such a gift.
and I have asked legal to give us a copy of the pertinent legal provisions so that I can send it to esd number 4, unless you want to do is Commissioner Davis.
>> well, it may have already been done, hasn't it.
>> I have given it to joe.
>> I think it's already done.
already delivered that statute.
>> okay.
>> the law has specific requirements about how the county can transfer surplus property and gifts are excluded, right, lawyer hille.
>> that's correct.
>> okay.
ms.
porter, are you satisfied that our work is done?
>> move adjourn.
>>
>> [multiple voices]
>> let's call 19 back up.
>> the more the county judgings, the more others consist that we -- insist that we continue working.
19 is about the txdot public hearing regarding improvements to f.m.
1626.
we did agree to do a letter to txdot.
one fairly simple.
>> draft copy.
>> [indiscernible]
>> okay.
>> thank you.
>> I think that I have the original here.
>> two originals.
>> where is the original?
>> okay.
>> [multiple voices] now, we indicated that we would send this to txdot.
>> we voted.
>> and move that we approve this letter.
>> second.
>> one.
and, two, that we authorize the county judge to attach a very short note to the hays county Commissioners court indicating what action was taken today, sending a copy of this letter just to let them, inform them of action taken.
>> does that sound okay?
>>
>> [indiscernible]
>> share it with the neighborhood residents.
>> go ahead and second that.
i will withdraw mine.
i think that I may have seconded that prematurely.
i will withdraw my second.
Commissioner Huber, you can go ahead and do the honors.
>> okay.
second.
>> thank you.
>> so on this copy that has your signature, take it off.
are you voting for this still?
>> oh, yes.
in other words, when you made the motion I seconded it and I withdraw my motion, I mean my second because I wanted Commissioner Huber to second that.
that's over in her area.
>> okay.
we are one court again, joe gieselman.
>> thank you, sir.
>> you're welcome.
>> any more discussion?
we will share this with residents plus hays county Commissioners court and txdot.
all in favor?
that passes by unanimous vote.
>> move adjourn?
>> ms.
porter, are you --
>> [laughter]
>> there was a pause.
>> I second that motion.
enthusiastically.
all in favor?
that passes by unanimous vote.
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Last Modified:
Tuesday, December 1, 2009 1:50 PM
