Travis County Commissioners Court
December 13, 2011 (Agenda)
Executive Session
Miss porter, according to my notes it's time for executive session.
did we indicate we would take the tobacco-free issue into executive session?
okay.
>> judge, if I could just update the court.
one of the items you did have on the voting session had to do with the vtd degrees.
>> do we need to call that up?
>> our legal team, including our county attorney, are still in san antonio.
the hearing continues at this point.
if I may make a suggestion that we go into -- that you all go into executive session and maybe when you come out of executive session get another update what's going on in san antonio.
the tenor of the conversation seems to be that everything is confused.
>> so what's new.
>> are you able to reach them by cell phone or -- so we could get a briefing, I guess, probably an hour from now?
so they are still in the hearing down there or on their way back?
>> they are still in the hearing last time I checked, yes.
>>
>> [inaudible].
>> I think our question which we can answer in an hour, hour and a half is whether we want to recess this item, wait until next week or whether we think they will be back in an hour or so.
it will take an hour and a half, two hours of travel time.
>> they may be able to relay
>> [inaudible].
>> why don't we just indicate our intention to call up the congressional redistricting item in executive session.
we need to announce it just in case we can reach them.
then why don't we call up 26, consider and take appropriate action on redistricting plans for the following Travis County precincts, a, county Commissioners, b, justices of the peace and constables, and c, elections, voter tabulation districts.
and 3 b, the item we discussed this morning, contract negotiations for advisory team for feasibility analysis of a -- a p3 for new civil and family courthouse and we take this in executive session under the consultation with attorney exception to the open meetings act.
we indicated the tobacco item, number 17, consider and take appropriate action on proposed amendments to chapter 57, Travis County smoking policy of the Travis County code.
and this is a consultation with attorney exception to the open meetings act also.
>> the fireworks issue.
>> item 2, consider and take appropriate action on the regulation of fireworks in uncorporate rated Travis County.
consultation with attorney.
27, consider and take appropriate action on an offer to sell in precinct 4 for inclusion in the onion creek open space parkland 2005 bond program.
this real property exception and consultation with attorney.
28, receive legal briefing and take appropriate action to fill vacancy in thing on of Travis County tax assessor collect other January 1, 2012.
consultation with attorney exception.
29, receive briefing from county attorney and take appropriate action regarding posteriorly litigation with mortgage electronic recording system.
consultation with attorney exception.
30, receive legal briefing and take appropriate action regarding a proposal to purchase certain open space land near gilleland creek from precinct 1 and discuss draft agreement with t.x.i.
consultation with attorney exception.
31, receive legal briefing and take appropriate action regarding Travis County involvement in legal action objecting to congressional redistricting by the Texas legislature.
consultation with attorney exception.
and the added items, a 1, receive brief going county attorney and take appropriate action in nathan green, consultation with attorney.
a 2, receive briefing and take appropriate action in regina jackson, et al., ax number a-10-ca-522-ss.
consultation with attorney.
a 3, consider and take appropriate action regarding proposal for downtown office building by d 2000, a turn key development company.
consultation with attorney and real property exceptions to the open meetings act.
we'll discuss these items in executive session but will return to open court before taking any action.
>> we have returned from executive session finally some would say.
well begin with no.
2.
regulation with fireworks.
we did a briefing and I viewed no action today and we'll have it back on the agenda at the appropriate time in the future.
we also got a further briefing and answered legal questions on item 3 b, the matter involving p 3, for the new civil and family courthouse.
we were also given documents that we probably should take a week or two to review.
should we have this back on next week or do we need -- did we say two weeks or one?
on a3?
let's just say next week and if we need to take another week we can, okay?
we discussed the tobacco-free item, no.
17, got legal questions answered.
we gave staff direction basically to get with legal and prepared a revised draft for review next week, with an eye to approving that draft for distribution to county employees so they'd have a chaps to look at the specific language before the public hearing in January, and in my view no further action is needed on this item today.
does anybody have a different opinion?
okay.
then we went to the executive session items. By the way, we got a briefing on 26 this morning.
we did not discuss that item specifically this afternoon, except we were told that the filing deadline probably had been extended from December 15 to 19 and there would probably be plenty of media coverage on that beginning tomorrow.
so county office should pay close attention to that.
the deadline was December 15.
the court in san antonio may have moved it to December 19 but be on the alert for official notifications.
27 is a matter involving an offer to sell Travis County 3.1 eacts of land near burleson road and 183 south as part of the onion creek open space parkland.
Commissioner Gomez, any motion?
>> well, I believe I heard that we owe -- set the off at 187,000?
second?
discussion on the motion?
that is a bit more than it appraised for but this is -- this tract is critical to our onion creek parkland project.
all in favor of the motion.
that passes by unanimous vote.
28, a matter involving a vacancy in the tax assessor's office.
I move that we authorize the county judge to have an inperson meeting with the persons left in the tax assessor's office and that we ask the managers interested in this vacancy beginning January 1 to file an application with the Commissioners court and attach resume and notify them of our intention to interview all of them by next -- on next Tuesday and we'll have the 27th set aside as a follow-up day as possible.
that's secked by Commissioner Davis.
by the way -- that's seconded by Commissioner Davis.
by the way, I'll also have a brief conversation with the tax assessor nelda wells spears while I'm at that facility on behalf of the court and share basically our discussion in executive session.
okay?
any more discussion?
all in favor.
that passes by unanimous vote.
29, the matter involving potential litigation with mortgage electronic recording systems, or mers corporation.
no action required today.
we'll have it back on the court's agenda next week.
we got a good briefing on that dynamic issue.
30 is the matter involving the potential purchase of open space land near gilleland creek in precinct 1, and a draft that we shared with residents at a public meeting at the east side service center last week involving txi.
and my motion is that we authorize county staff to communicate with the city of Austin the content of the draft document that we have before us that we invite the city to participate in the public hearing currently scheduled on, I think it's January 24, 2012, that we follow up on some of the comments that we received from residents, especially regarding application of the 1,000-foot buffer throughout the impacted area, that we follow up on comments regarding monitoring swells requests made by the city of webberville.
that's the motion.
is there a second?
>> second.
>> second by Commissioner Gomez.
>> judge?
>> yes, sir.
>> I recall that we may need to have the water availability rules on the 24th.
would you want those on the same day --
>> nope, and, in fact, my 24 has been scratched out and 31st has been substituted for it.
>> thank you.
>> with that change -- is that friendly, Commissioner Gomez?
any more discussion on the motion?
all in favor.
show Commissioners Eckhardt, Gomez, Huber and yours truly voting in favor of that and this basically is for us to keep following -- Commissioner Davis abstaining, following up on some of the comments that we got and as soon as we get some formal feedback from the city, which I understand may be in January, we will have this matter back on the Commissioners court's agenda for appropriate action.
>> did you want that letter to go to -- did you say the city manager or who would you like that all right to go to?
>> I will leave that to our high-powered lawyer and unpaid consultant.
is that the -- is that the best place to start, do you think?
>> sure.
>> okay.
should I call and tell him it's on the way?
>> that would be good.
>> okay.
appreciate it.
we did not discuss a 2, the offer to settle --
>> 31?
>> we did get briefed on it -- the other item, the open court item.
that one as to the impact on us, we think it will be minor at this point, but they did indicate that extension of a filing deadline from Friday to the 19th, which is Monday.
otherwise we got briefed on this, but to be honest that briefing was very general and brief, and I think the parties were still in san antonio working with the district judges as well.
a1 is a matter involving nathan green and jodie mcgarity, staff and the risk manager went to mediation on our behalf recently and recommended we settle this matter for $23,500.
and I move that be do so.
>> second.
>> second by Commissioner Davis.
discussion?
all in favor.
that passes by unanimous vote.
as I mentioned, a2, the settlement offer that we issued sometime back and imposed a deadline of today on, we did not get any feedback, and there was no briefing, and so if this should be put back on the county attorney will be advised and we'll have it back on.
a3 is a matter involving the downtown office building by d 2000.
we did get another briefing from staff in view of the new information.
in my view no action today.
is there an idea to the contrary?
then that does it for today's business.
we're adjourned.
all in favor.
that passes by unanimous
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