Travis County Commissioners Court
February 28, 2012 (Agenda)
Item 16
Since we have you there, roger, number 16.
16.
consider and take appropriate action on items associated with chapter 45 of the Travis County code to include: a, rename chapter 45 of the Travis County code from "discounts for use of certain Travis County exposition center facilities by public entities" to "Travis County exposition center mission, licensing and operations"; and b, replace current content of chapter 45 in its entirety with new content.
>> good morning, judge, Commissioners, this is roger el khoury, director of facilities management department.
when we left off last time about the -- about the airport boulevard I mean about the -- about the -- about the expo center, it's to give you some kind of a criteria for the refund and then I'll go back to the discount in just a second.
on the refund, what I pass right now is the last three years we refunded dollars through some -- to
>> [indiscernible] as you can see, only four times happen.
one time the big amount in there it shows what we had that severe, severe weather in Austin.
that some of our Travis County employees went home, you know, right there because the Commissioners court send them home because of the unsafe condition at the same time we have the special olympic and then that time, you know, we came to the court and ask for the refund the full amount.
the rest of the other three, as you can see, is 586 and 200 and 200 plus, those are one of them it was overbooked, you know, by another entity.
one of our director over there booked it.
so we have to refund the other two, one of them a church and this other person we have to refund because of hardship.
so based on the history we have, we didn't have that much refund and the criteria, as you can see, in the -- in the -- in the page 3 of the -- of the new language of -- under subchapter c and we -- we list them as such.
licensee is forced to cancel the event due to unforeseen circumstances beyond licensee reasonable control.
this is kind of like a broad issue.
then we have to make sure that -- that I don't know what might happen and we will have to take it on a case-by-case basis, some sort of unforeseen condition.
then the expo center personnel overbooked the facility, three extreme weather conditions, render use of the licensed facility unsafe, then number 4 I added that number 4 because one time we had the hvac shut down
>> [indiscernible] full refund, but he didn't get the full refund, whatever the claim happened back then and we settle on that.
but in case that happened, we don't have to go through all of that stuff.
we list it as part of the refund.
if it turn out to be refund only for the cost of utility, not for the whole entire facility.
so ...
that -- that regarding the criteria and we still say that, you know, if it's less than a thousand dollars the staff can handle it right there, based on those criteria.
if anything less than a thousand dollars, and does not fit those criteria, we'll come back to the court.
you know, we just work within those criteria.
then if it's more than a thousand dollars, then we'll come to the court anyway for any reason.
so this is about the refund.
and we have the process, how the process goes to ask for the refund and really we have a check and balance between the director of facility management and myself.
regarding the discount, the discount is still the same as we mentioned last week.
the discount really it deals under subchapter b, but it deals with a -- who the entity, that was before the discount was governmental and quasi governmental agency or department.
then on page number 2, it's listed I mean sure, it -- one or two it says who are they
>> [indiscernible] category of eligible entity expressly included, include Travis County department and offices, Travis County corporation, organization by which Travis County is a participating member, Travis County board and committee, Travis County road district, emergency services district and similar entity.
and those are -- will be eligible for 50% discount of the facility rental fee only.
is it not have any discount regarding air condition, custodial, any other equipment in the facility.
then we have --
>> can I ask as an adjunct to that, 45.021 a, perhaps clarifying language, it's just a drafting issue, only exposition facility rental fees are subject to discount.
>> right.
>> yeah.
I changed that in --
>> am I looking at an old draft.
>> 45012 a.
>> facility rental fees.
>> beautiful.
sorry.
>> okay.
and therefore those entity will get a 50% discount of only the physical facility rental fee.
the second category is the charitable organization and those organizations that meet under 501 c 3 and if they are their primary -- if they are the primary service area is within the Travis County, they will get 25%.
if they are -- if they hold the same category, 501 c 3 but they are not in the primary service area is not in Travis County, they will get 10%.
and those are the discounts that we are recommended through the court to take action on and I believe it will be a simple process for us, the -- the staff at the expo center are making sure that we streamline the process over there.
and we recommend approval of the discount and the refunds policy.
>> so do we -- do we think that -- that primary service area will be pretty much understood by all?
>> I -- I assume it would be done on a case-by-case basis.
we would probably have to examine, when we are examining the 501 c 3 status, to verify that they do in fact enjoy that status, I would recommend that we also request documents, testifying to their primary service area.
in terms of where -- of where most of their services would be performed.
that's what we had in mind when we drafted this, in terms of -- to mean primary service area.
>>
>> [indiscernible] or a higher percentage?
>> we didn't get down to that level of scrutiny, but we can go back and revisit that and fine tune it.
>> a lot of charitable organizations will have the name Travis County, if it does in fact serve primarily Travis County residents, it would have Travis County in the name, or it would be evident from a look at their -- at their incorporation documents.
>> in the past, for the -- for the -- for the charitable -- for the charity, what we did is sometimes they go 100%, sometimes 50%, sometimes 25%, and -- and we decide that right now it would be 25%, you know, for charitable -- charity, if it is in Travis County operating in Travis County.
>> so have we gotten requests from -- from quite a few entities?
whose primary service area is outside of Travis County?
>> we had in the past two and I don't know -- I don't have the name in my mind.
I can send it to you --
>> [multiple voices] some of them in bastrop county.
but the point is that mainly that we have -- that we have those folks here, they come in again and again, you know.
we know those folks, you know, coming all of the time to expo center.
mainly they are in the Travis County area.
so now the question here, y'all, if you would like to keep it 25%, if you want to make it 50% or -- or any other discount, but we are recommending 25%.
>> I think there have been some cases where they
>> [indiscernible] kind of -- kind of do last because whatever they make, they're going to put back into the community.
some of the services, I'm thinking of
>> [indiscernible] supplies, you know, someone who -- a non-profit that
>> [indiscernible] give out or -- or contributions for school supplies.
>> I do agree with the judge's recommendation that probably should be fine tuned, primary service area.
I don't deal with those kinds of organizations that often, I will speak with my colleague, that's probably a good idea because there could be some ambiguity there with the organization itself not knowing, that should probably be revisited.
>> perhaps a cleaner line would be to say if they are 501 c 3 status address, associated with their 501 c 3 is a Travis County address.
if it's not, there's a presumption that it's not their primary service area.
I think the vast majority of those coming to the expo center have it associated with their 501 c 3 wouldn't they?
>> I think so, the majority.
>> we would be glad to make a refinement if you wish.
>> last time I really wanted to see a business plan for this and how this would fit into it.
I understand or -- that that's probably in the making and not ready yet.
so the question that I have is -- is if we go ahead and approve these reduced fees now, is that likely in any way to be -- to be the tail wagging the dog or something as we get to the business plan?
how will -- how will these fit in or if there's a need to change them, I guess we can --
>> we will bring it back, sure.
>> then the other thing I just wanted to ask on the refund policy, the -- and I'm so glad that we're Marching down this path, but -- but do you -- when someone books an event at the expo center, is there -- is there something in print that is giving them -- given them regarding guidelines for refunds?
in other words, can they cancel an event within six months of the schedule when no -- with no penalty on the refund and an automatic refund.
it just seems to me like that -- that is usually what's out there for -- for at least on a basic level.
>> well, our -- our approved license agreement, it does say with the deposit, you know, right there, which is 20% of the -- of the event cost.
and it's non-refundable.
well, what they do is sometimes they call us, they pencil in, like if it's about six months ahead of time, they say would you pencil in our event, we will pencil it in.
but comes about like three or four months or something like that, they want to
>> [indiscernible] they will send a deposit, the amount of funds at 20%, we make it clear it's not refundable, because you tie down that particular day for any other prospect
>> [indiscernible] that day.
so at that time, we don't give any refund on that.
>> so when is the deposit actually paid?
when they book it?
>> yeah.
they pay -- they pay the 20% deposit.
and then 30 days before the event start, they pay the full -- the balance, the 80%, because sometimes three weeks before, you know, depends how -- how that person, the financial strength is, you know, sometimes three weeks, sometimes two weeks, sometimes 30 days.
but -- but we don't -- we don't hold any event at the expo center the full amount of the -- of the event is not paid.
>> but there's no language in the contract or -- that says that if they booked it a year and a half ahead of time, and paid the deposit, that they can cancel without penalty a year ahead of time?
>> no, no, we don't have that.
they -- if they cancel they lose the deposit.
that's what's been going on for so many years.
once they pay the deposit that's it.
we don't give them a refund, unless a hardship, one of the
>> [indiscernible] amy valdez, they have some hardship, they come back to the court and then the court approve that refund.
otherwise we don't.
and one time the director
>> [indiscernible] deposit -- overbooked event.
mistaken that time.
so we give back the deposit.
other than this, we cannot -- people come and
>> [indiscernible] in a day, especially a weekend, three months, four months before that they cancel, go away.
if they want to tie in that particular day, then they pay the deposit and it's set.
that's what happens.
when we tell them they have to pay the deposit, 80% they'll pay, 20% they don't want to do business anymore because they may not be truthful coming from -- that's what's happening.
>>
>> [indiscernible] appeals process, too.
so ...
>> [indiscernible] come back to the court.
>> any other questions, comments?
>> I move approval of the revisions.
>> seconded by Commissioner Gomez.
discussion on the motion?
all in favor?
that passes by unanimous vote.
>> thank you.
>> thank you all for your work.
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