Travis County Commissioners Court

March 27, 2012 (Agenda)
Executive Session Items

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We will take that into consultation with attorney with Executive Session, number 33 and we previously said that apple will be taken into consideration for that and number 29 is receive briefing county attorney and action regarding ozone event center and ricye henderson claim 1, 30 is receive legal briefing and take appropriate action regarding Travis County involvement with legal action objecting to congressional redistricting by the Texas legislature.
and 31 consider and take appropriate action regarding performance of and compensation for the future assignments of roy nellis, current budget director, and that will be open meetings act and 33, take appropriate action of a conservation easement in will bagger greek watershed and exceptions, a1, and discuss and take appropriate action on the slaughter lane participation agreement and that will be under the consultation with attorney, exception with the open meetings act.
we will discuss these in executive session but will discuss them in open court before taking action.

Approve the various elements of what we consider to be -- an appropriate -- an appropriate draft.
that we can follow up with negotiations with the apple, inc., representatives with -- with.
is there a second?

>> second.

>> seconded by Commissioner Davis.
discussion?

>> I'm going to vote in favor of this motion, but I want to make clear if for no other reason from a negotiating standpoint that we are under no obligation to provide a rebate to apple.
this is an absolutely discretionary act on our part.

>> hopefully the negotiation

>> [indiscernible] still under discussion, negotiation will come back favorable.
I think that I echo a lot of my sentiment during this process and of course I'm going to continue to stand on those particular regards and sentiments.

>> the elements have not been nailed down yet and the -- the -- the contract, this is a contract, and a contract requires consideration.
if the contract has no consideration, it is a gift.
if the contract is for what apple would do anyway, it is a gift.
and that's prohibited by Texas law.

>> okay.
so negotiation --

>> I guess my -- my position would be that I disagree with the legal analysis there.
it's -- it clashes with what I took the opinion of our -- of our lawyers to be in executive session.
however, what we are looking for is the draft agreement in whole or in part that the Commissioners court can look at next Tuesday and decide the specific elements of it.
any more discussion on the motion, though?

>> no.

>> all in favor?
that passes by unanimous vote.
29 is a matter involving the offer to settle in the ozone event center, ricky henderson case.
I move that reject the offer.

>> second.

>> all in favor?
that passes by unanimous vote.
number 30, the matter involving Travis County's involvement in the congressional redistricting matter, initiated by the Texas legislature, based on staff's recommendation, I move that we take no action on this today.
which would mean that we decide not to appeal the matter.
31, the matter involving mr. Nellis, I move that we approve the --

>> judge.

>> yes?

>> we're taking no action.

>>

>> [indiscernible]

>> no action.

>> and -- and that's a default decision not to appeal.
basically.
31, the matter involving the -- the assignments for leroy nellis I move that we approve with the other language by us duties as assigned and that we return his salary as budget director.

>> second.

>> discussion?
all in favor?
that passes by unanimous vote.
32, the matter involving the potential acquisition of a conservation easement in the wilbarger creek watershed, we took specific action last week in view of the response by the owner, no action today, simply means that we rely on the action we took last week.

>> that's correct.

>> okay.

>> thank you.

>> then there is item no.
33, I want to think we're making progress on this item.
but there's a long list of things that we need to do, essentially following the agenda language.
so we're carrying this item on our agenda from week to week.
when it's appropriate for us to take specific action, we will be in the best position to do so and I'm happy to say that we are making progress on this -- on the specific subpoints in the agenda item, which represent I think some of the key actions that must be taken in order for us to be prepared for the formula 1 race in the fall.
anything further on this item?
basically, technology our discussion -- and our intention to have this on the court's agenda from week to week, so it would be -- so we would be poised to act if we need to.
will that get it?

>> that will get it.

>> ms. Porter, have we come to the close of the day.

>> we have.

>> I enthusiastically move adjournment.

>> second.

>> seconded by Commissioner Davis.
all in favor?
that passes by unanimous vote.

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