Travis County Commissioners Court
March 9, 2010,
Executive Session
And that takes us to executive session, doesn't it?
this morning when we discussed in open court item 16, consider and take appropriate action on requests -- requested 16.
consider and take appropriate action on requested debt issuance schedule and funding for fiscal year 2010 capital we had decided to take that into check session sive in open meetings act and we will take into executive session in addition to those posted, number 34, the county attorney had us to postpone.
thirty-four postponed.
by the way, ms.
norman, is there another gentleman here?
he left -- no, he came back.
>> did you want to give comments in open court?
>> I would like to, yes, sir.
>> okay, 36 36.
consider and take appropriate action on license agreement for manchaca community center.
why don't we take additional open court comments on this one before we finish the executive session announcement and go into executive session, your name and happy to get your comments.
>> my name is tj grainy grainy, I am 20 plus year resident of south Austin area, publisher of a local magazine, 15 years and very involved in community affairs and work a lot with nonprofits, people who just need a hand up because we have an opportunity to do that through our publication, and the thing that really -- I have been involved in the whole fundraiser process for the fire hall, trying to get improvements done.
i am a big fan of bacon and have eaten a lot of bacon and drank a lot of coffee down there.
my kids are involved in the little league in that area.
they are involved in faa groups and the schools and so we spend a lot of time down there at the manchaca fire hall and before I got permission to come and speak I was late getting here so it was just -- I was hoping to get a chance to -- to visit with you for just a brief minute, and -- and I was thinking, well, is it exactly I want to say?
what is it exactly I want to relate to the Commissioners and to the judge and I -- and it was revealed to me in the last conversation that was just had or in the last couple of conversations you have had, when you are talking about really what's important in Travis County, really what's important, we talked about the people that aren't heard.
we were talking about people who give without any -- any interest in personal gain, but just people that just pour their heart out for the community and for -- to benefit the community, and that's what we are talking about right here, with the fire hall and clarence vogel.
i am not talking about anybody else except the person you have that agreement with and what he has done for 41 years.
he has never done it for the money.
it's never done it for the money.
if he did it for the money, he probably made money in that place.
it hasn't happened.
right now there are money issues and I am not sure how involved the county gets with any other issue except the agreement that they have with him, but in -- if we are talking about the money issues we are having with him and we are talking about really supporting people who are -- who are supported by the community -- I stood on the stage at the benefit, standing room only in that whole pavilion, standing room only and the community was there applauding with their checkbooks and wallets in their hands, supporting this man who has been there every morning at 5 and leaves at 10 every night and so I think what we are talking about here, I -- I am not sure it's black and white.
i think we have a community center that's -- that serves the community well.
yes, we have some problems.
we have some problems.
the committee -- I was on the committee, the fundraiser, the money leftover, we decided to give them it to the county and let them use it where they need to to take care of the community center.
there was no stipulations on that money from the committee.
we don't have a lawyer on that committee.
we -- there was 11 people that wear their heart on their sleeves for this community center and what happens in that building every morning the men's bible studies, the -- you know, it just goes on and on and on, every day.
every day.
so my only comment is there is more to this than meets the eye, and I am not sure -- I -- one of the things I tell my kids when they come to me is don't come to me with a problem unless you have some ideas on how to solve the problem.
i am a big stickler on that.
well, I am kind of breaking my own rule here, because I don't have a specific answer to how to solve this problem but I can tell you that that is a rock in that community and that the gentleman who runs it right now, there may be some hiccups, maybe we need to come alongside him, I am not sure exactly what that looks like, but that community center is extremely important and the man that's run it for 41 years is the reason it's been so successful.
>> do you think that there is any -- there is any percentage, any possibility of identifying -- we have spoken about this a smidge last time, about identifying a succession plan?
because it does appear that mr.
vogel is no longer -- he has done amazing things but apparently no longer to hold it together, and so I hear what you are saying about the benefit that this facility is to the community.
it sounds like as in any business, one must think if -- thef the business is that much of a benefit to the community, one must think about success beyond the one person -- succession beyond the one person who has run it in the past.
this is a license agreement after all.
>> I -- I completely agree with you, that that is something that should be done and it needs -- we need -- we need to talk about really what is going on and really what needs to happen and that's -- that's exactly where we are right now, is exactly how do we take this from point a to point b, how do we thank mr.
vogual but also continue to support the community and continue what he has done, absolutely, and I don't know if that is putting together a group of people that -- that have to come back at a certain point and say, here is -- here is what we have come up with and it's accepted or not accepted, I am not really sure.
py am a busy guy -- I am a busy guy but I would be willing to participate on something that made sense.
what I don't want to do is I don't want to take 41 years -- I don't want to see 41 years end up in a train wreck.
there are some things we might not be able to deal with here.
i don't know the full story of everything that may be going on behind the scenes.
i don't pretend to, and so I don't know if I could help with everything, but as far as the Travis County, as far as dealing with you and trying to put something together that makes sense to give you back, I think that's a fair request.
>> I don't believe, given what we know about the circumstances currently -- I am not passing judgment -- I am deeply appreciate of what mr.
vogel has don't for the community over the years, but at this point in time, it is for -- for the county to be in a business relationship with mr.
vogel, I believe is unwise.
and we are constitutionally prohibited from giving it away, giving it for free.
>> right, and I -- I understand -- I understand your obligations, but I also -- I also believe that from what I heard just in the last 20 minutes coming from up -- from up there is that we want to try and foster this community spirit and try and use the people who -- who bring that with them and so I am not -- I really am not sure -- I am not sure what that looks like, but -- and thank you for understanding that part of it.
it is a very -- a very delicate situation in a lot of areas.
>> perhaps we can be -- perhaps we can honor mr.
vogel for his talents and his contribution over the years but also be realistic about what's within his capacity with regard to the running of this -- of this facility.
if the community's desire is to continue to have a facility like this, I would suggest that someone else be the actual lease -- license holder.
>> and I think when we leave here today, I hope we have some ideas on what you are okay with, what you are comfortable with and what we can do to try and foster that and move that forward in a way that is both honoring of him and -- and keeps the community center what it is, the pulse of that area, in so many ways.
>> thank you, mr.
grainy.
>> thank you.
>> ms.
norman, anything new and different?
>> no, sir, I think he summarized it.
>> thank you very much, we will take that item first in executive session.
>> can I make a comment, judge?
>> quickly.
>> it looks like there will be a lot of
>> [indiscernible] and I wasn't sure if I heard everything, but are we going to be able to allow mr.
vogel to stay there through June?
>> we will know when we come out of executive session.
>> because I think there is other activities that will be scheduled around there, the junior firefighters and don't smith and reynold that is come with the fire cadets, there are certain activities, either through a waiver or variance or payment of a dollar or whatever, technical way to address the legal ways to keep it open, at least through June, and then maybe -- maybe in that interim time we can come up with other creative solutions to, you know, maybe he can get an assistant to help him that the court would approve of someone helping him if they felt that he needed assistance or something
>> we will know in just a few minutes.
now, staff -- legal advised me we can postpone 30 another week.
i have about one hour left.
then I have got to go write a speech and go give it at 6:00.
so I -- in about an hour, I have got to get back to the office and do this.
some of these items ought to be quick, like 29, receive briefly from the county attorney and take appropriate action in Travis County,ette at versus mh stafford and joanne stafford, david l day resale deed.
is it okay to postpone 30?
i know we have done it several times already that, it is brokerage service agreement?
we have done it several times already but rather than rush through it, I would rather spend whatever time is necessary to discuss it.
thirty-one 31.
receive briefing and take appropriate action regarding mary ann ward vs.
Travis County, Texas et al.
consultation with attorney exception.
>> twenty-nine was consultation with attorney.
>> twenty-nine consultation with attorney, and particularly john we will consult with we need to.
>> all right.
>> good attorney.
32.
receive briefing from the county attorney and take appropriate action regarding the pending case of strickland, et al.
vs.
Travis County and the city of Austin.
1 consultation with attorney exception.
33.
consider and take appropriate action regarding proposal for downtown office building by d2000, a turn key development company.
consultation with attorney and real estate exceptions, we previously announcement of item 35.
consider and take appropriate action concerning the settlement offer regarding payment for star flight services rendered to kathy kuecker.
34.
consultation with attorney exception.
and 36 the manchaca community center which we discussed a few minutes ago we will take those up in executive session.
>> item 16?
>> I didn't hear.
>> first one we will discuss in executive session but will return to open court before taking any action.
we have returned from executive session where -- unfortunately we were not able to discuss all the items that we announced.
we appreciate the patience of those who were here with us and next Tuesday we will try to call up the executive session much earlier.
16, ea know unsed, but did not -- we announced, but did not discuss.
that's one of the items we'll have on next week.
number 29 is the matter involving the resale deed to david l.
day.
and that's the matter involving Travis County versus mh stafford and johanne stafford.
and I move that we authorize the county judge to execute the prepared tax resale deed to david l.
day.
who has delivered to Travis County the sum of $3,000 in cash.
>> second.
>> discussion?
>> I move that we reject the offer.
>> is there a second?
>> could I hear the rationale?
>> the offer is less than the taxes due.
and the gross projection out there when the economy turns around is fairly ambitious, and I think that perhaps if we put off action on this we may get closer to the amount of taxes due.
>> I'll second it for discussion purposes.
>> okay.
that was a substitute motion, I guess.
my thinking would be it been outstanding seven years.
most of this money belongs to the lago vista independent school district and most of those school districts after so many years are of a mind to go ahead and get whatever money they can and move on down the road.
certainly -- to keep us from postponing, I don't know -- most of these, especially lago vista school district, we've really been kind of moving them.
I thought the school district had expressed an interest in moving these more than anything else.
once they're sold they kind of go back to the tax rolls.
>> I withdraw my motion.
>> we may want to get legal to give us an update on the lago vista independent school district, make sure it's the same.
that was certainly why I would always eagerly support getting whatever amount they could.
some of those lots were dirt cheap and most of them were vacant lots also.
do you want to delay action on this one week and just chat further with the county attorney?
>> sure.
let's do that.
>> is that okay, Commissioner Eckhardt?
>> fine with me.
>> let's do that on item number 29.
>>
>> [inaudible - no mic].
>> no, ma'am.
I want to hold it one week.
>> okay, one week.
>> next week we'll hear from -- on 30 we postponed previously, did not discuss it.
31, the matter involving mary anne ward versus Travis County.
we got an offer to settle.
I move that we reject the offer.
>> second.
>> discussion?
and that offer was in the amount of 325 -- $325,000.
all in favor?
that passes by unanimous vote.
32, the matter involving strickland et al versus Travis County.
>> I move we authorize legal to proceed with the settlement on this case under the terms outlined.
>> second.
>> discussion?
all in favor?
that passes by unanimous vote.
33, the matter involving the d 2000 issue.
frankly, we ran out of time and did not have an opportunity to discuss this matter.
we'll have it back on the agenda next week and try to call it up much earlier.
34 we did not announce and did not discuss.
35, the matter involving starflight services rendered to kathy kuecker and the invoice we sent out on that matter.
move that we reject the offer and agree to settle this for $4,938.
>> second.
>> discussion?
that would represent 50% of the invoice.
any discussion?
>> I don't know that a 50% discount would be -- would necessarily be warranted under the circumstances given her insurance coverage.
the amount of coverage that she has versus the outstanding bills that she has.
>> okay.
>> could I explore this a little more with mr. Labada?
>> yes.
let's postpone action on this one.
we'll have it back on next week.
so I withdraw that motion.
is that okay, Commissioner Gomez, seconder?
36, the involving the manchaca community center?
>> the issues are never easy, but in light of mr. Vogel's long-term service to the community, I hope that the motion I make will recognize that and offer a framework in which we can move forward in ways that will be productive for all parties.
therefore I move that effective Wednesday, March 24th, 2010, at 10:00 a.m., Travis County revokes the license granted to clarence vogel doing business as vogel enterprises in relationship to the manchaca community service and terminate the second license agreement for the operation of the community center between Travis County and clarence vogel doing business as vogel enterprises, entered into in June of 2009.
and also, I move that we give the community leadership out there that's been so actively working to try to keep this community center going, 60 days to come forth with a proposal to us on a way to move forward with this community center in a way that would service the community and the people involved.
>> second.
>> seconded by Commissioner Davis.
>> would you consider it friendly that a per prerequisite for a proposal would be that the license agreement would be with someone other than mr. Vogel?
>> yes.
>> there's no opportunity, unfortunately.
that is to terminate the license agreement on March 24th, 2010.
did we say a time of day.
>> 10:00 a.m.?
>> in response to comments we heard today, we're asking the community to submit a specific proposal to us regarding use of the community center in 60 days from today.
>> also I would like to add, just by way of comment, the check that was cut by community center, we're not posted to have discussion on what that -- what to do with that check.
so we'll have that on the agenda next week and in the meantime we will be in discussions with the community leadership to see what might be the best course of action.
>> discussion of the motion?
all in favor?
that motion passes by unanimous vote.
ms. Porter that does it today, doesn't it?
>> move adjourn.
>> second.
>> all in favor?
that carries unanimously also.
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Last Modified:
Tuesday, March 9, 2010 7:15 PM
