On the agenda: Austin Voting Session — DATA CENTER (Dec 14)

MINUTES OF MEETING DECEMBER 14, 2010
TRAVIS COUNTY COMMISSIONERS’ COURT
On Tuesday, the 14th day of December 2010, the Commissioners’ Court convened the
Voting Session at 9:14 AM in the Commissioners’ Courtroom, 1st Floor of the Ned
Granger Administration Building, 314 West 11th Street, Austin, Texas. Dana
DeBeauvoir, County Clerk, was represented by Deputy Gillian Porter.
The Commissioners Court retired to Executive Session at 10:42 AM.
The Commissioners Court reconvened the Voting Session at 12:28 PM.
The Commissioners Court recessed the Voting Session at 12:28 PM.
The Commissioners Court, meeting as the Travis County Bee Cave Road District #1
(Galleria), convened at 1:40 PM and adjourned at 1:40 PM.
The Commissioners Court reconvened the Voting Session at 1:40 PM.
The Commissioners Court retired to Executive Session at 3:54 PM.
The Commissioners Court reconvened the Voting Session at 5:18 PM.
The Commissioners Court adjourned the Voting Session at 5:22 PM.

DECEMBER 14, 2010 VOTING SESSION

PAGE 2

PUBLIC HEARINGS
1.

RECEIVE COMMENTS REGARDING A PLAT FOR RECORDING IN
PRECINCT TWO: RACEWAY SINGLE FAMILY SUBDIVISION SECTION ONE
FINAL PLAT (A SMALL LOT SUBDIVISION) (RESUBDIVISION OF LOTS 24
AND 25 NORTHRIDGE ACRES NUMBER 2 SUBDIVISION – 70 LOTS – 14.039
ACRES – GRAND AVENUE PARKWAY – APPROPRIATE FISCAL HAS BEEN
POSTED WITH THE CITY OF AUSTIN – WATER AND SEWAGE SERVICE TO
BE PROVIDED BY THE CITY OF AUSTIN – CITY OF AUSTIN ETJ).
(COMMISSIONER ECKHARDT) (ACTION ITEM #6) (9:15 AM)

Clerk’s Note: This Item is a public hearing to receive comments. Please refer to
Agenda Item 6 for a summary of the action item.
Motion by Commissioner Davis and seconded by Commissioner Eckhardt to open
the public hearing.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
absent

Members of the Court heard from: Anna Bowlin, Program Manager, Planning and
Engineering, Transportation and Natural Resources (TNR).

Motion by Commissioner Huber and seconded by Commissioner Davis to close
the public hearing.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
absent

CITIZENS COMMUNICATION
Members of the Court heard from: Gus Peña, Travis County Resident; Ronnie
Gjemre, Travis County Resident; Dr. John K. Kim, Travis County Resident; Rick
Perkins, Travis County Resident. (9:17 AM)

DECEMBER 14, 2010 VOTING SESSION

PAGE 3

CONSENT ITEMS
Members of the Court heard from: Ronnie Gjemre, Travis County Resident.
Motion by Commissioner Davis and seconded by Commissioner Eckhardt to
approve the following Consent Items: C1-C3 and Items 6, 8, 12, 13.A-C, 18, 19, 21,
22, 23, 24, 26, 30, 31, 32, 33, and A1. (9:31 AM)
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
absent

C1.

RECEIVE BIDS FROM COUNTY PURCHASING AGENT.

C2.

APPROVE PAYMENT OF CLAIMS AND AUTHORIZE COUNTY TREASURER
TO INVEST COUNTY FUNDS.

C3.

APPROVE THE COMMISSIONERS COURT MINUTES FOR THE VOTING
SESSION OF NOVEMBER 30, 2010.

RESOLUTIONS AND PROCLAMATIONS
2.

CONSIDER AND TAKE APPROPRIATE ACTION ON REQUEST FOR TRAVIS
COUNTY TO SUPPORT A RESOLUTION SUPPORTING THE TEXAS BOTTLE
BILL, A RECYCLING REFUND SYSTEM FOR BEVERAGE CONTAINERS.
(9:34 AM)
Members of the Court heard from: Stacey Guidry, Program Assistant, Texas
Campaign for the Environment; Ronnie Gjemre, Travis County Resident; and Deece
Eckstein, Intergovernmental Relations Officer.
Motion by Commissioner Davis and seconded by Commissioner Eckhardt to
approve the Resolution in Item 2.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
absent

DECEMBER 14, 2010 VOTING SESSION
3.

PAGE 4

CONSIDER AND TAKE APPROPRIATE ACTION ON REQUESTS FOR TRAVIS
COUNTY TO SUPPORT LEGISLATION TO SPUR RECYCLING IN TEXAS:
(9:42 AM)
A. A RESOLUTION SUPPORTING STATE LEGISLATION TO ESTABLISH A
RECYCLING COLLECTION PROGRAM FOR DISCARDED ELECTRONIC
PRODUCTS; AND
Members of the Court heard from: Stacey Guidry, Program Assistant, Texas
Campaign for the Environment.
Motion by Judge Biscoe and seconded by Commissioner Davis to approve the
Resolution in Item 3.A.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

3.

yes
yes
yes
yes
absent

CONSIDER AND TAKE APPROPRIATE ACTION ON REQUESTS FOR TRAVIS
COUNTY TO SUPPORT LEGISLATION TO SPUR RECYCLING IN TEXAS:
(9:42 AM)
B. A RESOLUTION SUPPORTING STATE LEGISLATION TO ESTABLISH A
RECYCLING TAKEBACK PROGRAM FOR MERCURY CONTAINING
PRODUCTS. (JUDGE BISCOE AND COMMISSIONER DAVIS)
Members of the Court heard from: Stacey Guidry, Program Assistant, Texas
Campaign for the Environment.
Motion by Judge Biscoe and seconded by Commissioner Davis to approve the
Resolution in Item 3.B.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
absent

DECEMBER 14, 2010 VOTING SESSION

PAGE 5

SPECIAL ITEMS
4.

CONSIDER AND TAKE APPROPRIATE ACTION ON ORDER PROHIBITING
OUTDOOR BURNING IN THE UNINCORPORATED AREAS OF TRAVIS
COUNTY. (9:52 AM)
Members of the Court heard from: Hershel Lee, Travis County Fire Marshal.
Motion by Commissioner Huber and seconded by Commissioner Eckhardt to
approve Item 4.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

5.

yes
yes
yes
yes
absent

CONSIDER AND TAKE APPROPRIATE ACTION REGARDING THE
PROHIBITION OF THE SALE OR USE OF RESTRICTED FIREWORKS IN THE
UNINCORPORATED AREA OF TRAVIS COUNTY. (9:55 AM)
Members of the Court heard from: Hershel Lee, Travis County Fire Marshal; and
Chester Davis, Owner, American Fireworks, and President, Texas Pyrotechnic
Association.
Discussion only. No formal action taken.

Clerk’s Note: The Court noted that members of the Texas Pyrotechnic Association
have agreed not to sell missiles with fins and stick rockets in Travis and surrounding
Counties for the 2010 holiday season.

DECEMBER 14, 2010 VOTING SESSION

PAGE 6

TRANSPORTATION AND NATURAL RESOURCES DEPT. ITEMS
6.

CONSIDER AND TAKE APPROPRIATE ACTION ON ALTERNATIVE FISCAL
AGREEMENT FOR RACEWAY SINGLE FAMILY SUBDIVISION SECTION ONE
FINAL PLAT (A SMALL LOT SUBDIVISION). (COMMISSIONER ECKHARDT)
(9:31 AM)

Clerk’s Note: Item 6 is the action item for the public hearing on Agenda Item 1.
Clerk’s Note: Item 6 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

7.

CONSIDER AND TAKE APPROPRIATE ACTION ON THE TRANSPORTATION
AND NATURAL RESOURCES DEPARTMENT’S ROAD AND BRIDGE FISCAL
YEAR 2010 – 2011 WORKPLAN. (10:07 AM)
Members of the Court heard from: Don Ward, Manager, Road and Bridge
Division, TNR.
Motion by Judge Biscoe and seconded by Commissioner Davis to approve Item 7.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

8.

yes
yes
yes
yes
absent

CONSIDER AND TAKE APPROPRIATE ACTION ON A CASH SECURITY
AGREEMENT WITH STREETMAN HOMES FOR SIDEWALK FISCAL FOR
WEST CYPRESS HILLS SECTION 1 LOT 14 BLOCK 1 IN PRECINCT THREE.
(COMMISSIONER HUBER) (9:31 AM)

Clerk’s Note: Item 8 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

DECEMBER 14, 2010 VOTING SESSION
9.

PAGE 7

CONSIDER AND TAKE APPROPRIATE ACTION ON THE FOLLOWING:
(1:50 PM)
A. A RESPONSE TO THE KIMLEY-HORN & ASSOCIATES TRAFFIC AND
TRANSPORTATION ANALYSIS FOR THE FORMULA ONE UNITED
STATES GRAND PRIX SITE NEAR ELROY ROAD IN PRECINCT FOUR;
AND
B. APPLICANT'S REQUEST FOR A VARIANCE TO CHAPTER 64.121 (K)(2),
TRAVIS COUNTY REGULATIONS FOR FLOOD PLAIN MANAGEMENT, TO
ALTER A FLOOD PLAIN PRIOR TO RECEIVING A CONDITIONAL LETTER
OF MAP REVISION FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY FOR THE FORMULA ONE TRACK.
Members of the Court heard from: Joe Gieselman, Executive Manager, TNR;
David Greear, Traffic Manager, TNR; Richard Suttle, Jr., Attorney, Armbrust and
Brown representing Formula 1 Project; Stacey Scheffel, Flood Plain Manager, TNR;
Tom Nuckols, Assistant County Attorney; and Anna Bowlin, Program Manager,
Planning and Engineering, TNR.
Motion by Commissioner Gómez that we deny this variance, and that we get that
Conditional Letter of Map Revision (CLOMR) before moving forward.

Clerk’s Note: Motion died for lack of a Second.
Motion by Commissioner Eckhardt and seconded by Commissioner Davis that we
approve Item 9.B.
An Addition to the previous Motion was offered by Commissioner Eckhardt that
we do need a hard date from this motion, if it appears that a CLOMR is not
forthcoming within that hard date, but probably is coming, it's just going to be a little
late, then it just comes back to the Commissioners Court for a decision, so I would
insert into the motion a six-month time frame because that does appear to be the
reasonable time frame for these sorts of things.
Acceptance of the Addition was made by Commissioner Davis.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez
Item 9.A was discussion only. No formal action taken.

yes
yes
yes
yes
no

DECEMBER 14, 2010 VOTING SESSION
10.

PAGE 8

CONSIDER AND TAKE APPROPRIATE ACTION ON COUNTY COMMENTS
REGARDING THE CITY OF AUSTIN'S IMAGINE AUSTIN COMPREHENSIVE
PLAN ALTERNATIVE GROWTH SCENARIOS AS THEY RELATE TO THE
UNINCORPORATED AREA OF TRAVIS COUNTY AND THE CITY'S FIVE-MILE
EXTRATERRITORIAL JURISDICTION. (COMMISSIONER ECKHARDT) (10:17
AM)
Members of the Court heard from: Joe Gieselman, Executive Manager, TNR;
Mark Lind, Travis County Appointee, City Of Austin Comprehensive Plan Citizens
Advisory Committee; Jack Gullahorn, Travis County Appointee, City Of Austin
Comprehensive Plan Citizens Advisory Committee; and Carol Torgrimson, Travis
County Appointee, City Of Austin Comprehensive Plan Citizens Advisory
Committee.
Motion by Judge Biscoe and seconded by Commissioner Davis to approve the
December 10, 2010 draft before us after taking out the second whereas clause.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
absent

DECEMBER 14, 2010 VOTING SESSION
11.

PAGE 9

APPROVE SETTING A PUBLIC HEARING DATE OF JANUARY 25, 2011 TO
CONSIDER AND TAKE APPROPRIATE ACTION ON THE FOLLOWING:
(10:11 AM)
A. AMENDMENT TO CHAPTER 82 TO REQUIRE A LAND USE
NOTIFICATION ON THE COVER SHEET OF PLATS; AND
B. AMENDMENT TO TITLE 30 TO ADD SECTION 30-2-87 TO REQUIRE A
LAND USE NOTIFICATION ON THE COVER SHEET OF PLATS.
(COMMISSIONER DAVIS)
Members of the Court heard from: Anna Bowlin, Program Manager, Planning and
Engineering, TNR.
Motion by Commissioner Davis and seconded by Judge Biscoe to set the Public
Hearing January 25, 2011.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
absent

Clerk’s Note: The Court directed Staff to send a letter to the Council Members at the
City of Austin regarding Travis County concerns in this matter.

HEALTH AND HUMAN SERVICES DEPT. ITEMS
12.

CONSIDER AND TAKE APPROPRIATE ACTION ON CONTRACT WITH THE
CITY OF AUSTIN, AUSTIN ENERGY FOR FISCAL YEAR 2011 TO CONTINUE
THE CUSTOMER ASSISTANCE PLUS 1 PROGRAM THAT PROVIDES
UTILITY ASSISTANCE FOR TRAVIS COUNTY LOW-INCOME HOUSEHOLDS
THAT ARE CUSTOMERS OF AUSTIN ENERGY. (9:31 AM)

Clerk’s Note: Item 12 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

DECEMBER 14, 2010 VOTING SESSION

PAGE 10

PLANNING AND BUDGET DEPT. ITEMS
13.

REVIEW AND APPROVE REQUESTS REGARDING GRANT PROPOSALS,
APPLICATIONS, CONTRACTS AND PERMISSIONS TO CONTINUE:
(9:31 AM)
A. AMENDMENT TO THE CONTACT WITH THE CAPITAL AREA COUNCIL
OF GOVERNMENTS TO INCREASE AWARD FOR THE FISCAL YEAR
2010 SOLID WASTE ENFORCEMENT GRANT IN ORDER TO PROVIDE
ADDITIONAL RESOURCES TO SUPPORT ILLEGAL DUMPING
ENFORCEMENT;
B. CONTRACT RELEASE AGREEMENT BETWEEN ONESTAR NATIONAL
SERVICE COMMISSION AND TRAVIS COUNTY FOR THE AMERICORPS
GRANT IN THE HEALTH AND HUMAN SERVICES DEPARTMENT FOR
THE PERIOD AUGUST 2008 TO JULY 2009; AND
C. PERMISSION TO CONTINUE THE FAMILY VIOLENCE PROTECTION
TEAM PROGRAM IN THE COUNTY ATTORNEY’S OFFICE UNTIL THE
FORTHCOMING AGREEMENT IS FULLY EXECUTED.

Clerk’s Note: Items 13.A-C approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

14.

CONSIDER AND TAKE APPROPRIATE ACTION ON APPROVAL OF
BROKER/DEALER APPLICANTS FOR CONDUCTING INVESTMENT
BUSINESS WITH TRAVIS COUNTY. (10:38 AM)
Members of the Court heard from: Debbie Laudermilk, Investment Manager,
Cash/Investment Management.
Motion by Judge Biscoe and seconded by Commissioner Eckhardt to approve
Item 14.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
abstain
yes
yes
absent

DECEMBER 14, 2010 VOTING SESSION
15.

PAGE 11

REVISED LANGUAGE: APPROVE REIMBURSEMENT RESOLUTION(S) FOR
PURCHASE OF LAND, VEHICLES AND EQUIPMENT. (3:35 PM)
Members of the Court heard from: Rodney Rhoades, Executive Manager,
Planning and Budget Office (PBO).
Motion by Commissioner Gómez and seconded by Judge Biscoe to approve Item
15, and direct PBO to include the amount of the purchase in the upcoming
Certificates of Obligation (CO) sale.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

16.

yes
yes
yes
yes
yes

CONSIDER AND TAKE APPROPRIATE ACTION ON BUDGET AMENDMENTS,
TRANSFERS AND DISCUSSION ITEMS. (3:36 PM)
Motion by Commissioner Eckhardt and seconded by Commissioner Davis to
approve Item 16.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

17.

yes
yes
yes
yes
yes

CONSIDER AND TAKE APPROPRIATE ACTION ON AMENDMENT NO. 7 TO
INTERLOCAL AGREEMENT WITH CENTRAL HEALTH REGARDING
PAYMENT FOR CASH/INVESTMENT MANAGEMENT SERVICES. (10:40 AM)
Motion by Judge Biscoe and seconded by Commissioner Eckhardt to approve
Item 17.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
abstain
yes
yes
absent

DECEMBER 14, 2010 VOTING SESSION

PAGE 12

ADMINISTRATIVE OPERATIONS ITEMS
18.

REVIEW AND APPROVE THE IMMEDIATE RELEASE OF REIMBURSEMENT
PAYMENT TO UNITED HEALTH CARE FOR CLAIMS PAID FOR
PARTICIPANTS IN THE TRAVIS COUNTY EMPLOYEE HEALTH CARE FUND
FOR PAYMENT OF $658,118.37 FOR THE PERIOD OF NOVEMBER 26 TO
DECEMBER 2, 2010. (9:31 AM)

Clerk’s Note: Item 18 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

19.

CONSIDER AND TAKE APPROPRIATE ACTION ON PROPOSED ROUTINE
PERSONNEL AMENDMENTS. (9:31 AM)

Clerk’s Note: Item 19 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

DECEMBER 14, 2010 VOTING SESSION
20.

PAGE 13

CONSIDER AND TAKE APPROPRIATE ACTION ON THE FOLLOWING:
(10:41 AM)
A. MODIFICATIONS TO TRAVIS COUNTY CODE, CHAPTER 31, RISK
MANAGEMENT DIVISION (RISK RESOLUTION); AND
B. SELF-INSURING JUDGES PROFESSIONAL LIABILITY INSURANCE
UNDER TRAVIS COUNTY CODE, CHAPTER 31 RISK MANAGEMENT
DIVISION SECTION 31.061 PROFESSIONAL LIABILITY COVERAGE FOR
JUDICIAL SERVICE.

Clerk’s Note: The Court discussed the following changes to Chapter 31:
 Add Judges to the definition of employees. This will allow the Judges to become
self insured for Judges Professional Liability coverage under the County’s self
insured program, saving the County around $46,000.00 per year in insurance
premiums
 Increase the settlement authority of the Risk Manager to $20,000.00
 Authorize the Risk Manager to settle fast track claims up to $2,500.00
 Increase the hourly fee for outside legal counsel up to a maximum of $500.00
Members of the Court heard from: Dan Mansour, Risk and Benefits Manager,
Human Resources Management Department (HRMD); The Honorable John K.
Dietz, Judge, 250th District Court; Donna Stirman, Risk Management, HRMD.
Motion by Commissioner Gómez and seconded by Commissioner Huber to
approve Items 20.A&B.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
yes

JUSTICE AND PUBLIC SAFETY ITEMS
21.

CONSIDER AND TAKE APPROPRIATE ACTION ON STAR FLIGHT REQUEST
TO ACCEPT A $10,000 AWARD FOR WINNING THE FOURTH ANNUAL
AMERICAN EUROCOPTER VISION ZERO AVIATION SAFETY AWARD AND
AUTHORIZE DEDICATION TO FUTURE SAFETY INITIATIVES AS REQUIRED.
(9:31 AM)

Clerk’s Note: Item 21 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

DECEMBER 14, 2010 VOTING SESSION

PAGE 14

PURCHASING OFFICE ITEMS
22.

APPROVE MODIFICATION NO. 12 TO CONTRACT NO. 02T00005OJ,
UNITEDHEALTHCARE INSURANCE COMPANY, FOR EARLY RETIREE
REINSURANCE PROGRAM DATA RELEASE AND SERVICES AGREEMENT
TO THE ADMINISTRATIVE SERVICES AGREEMENT. (9:31 AM)

Clerk’s Note: Item 22 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

23.

DECLARE LISTING OF CERTAIN EQUIPMENT AS SURPLUS AND SELL AT
PUBLIC AUCTION PURSUANT TO SECTION 263.151 OF THE TEXAS LOCAL
GOVERNMENT CODE. (9:31 AM)

Clerk’s Note: Item 23 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

24.

DECLARE 320 EXPIRED BODY ARMOR VESTS AS SALVAGE AND
AUTHORIZE DISPOSAL THROUGH FIBER BROKERS INTERNATIONAL
PURSUANT TO SECTION 263.152 OF THE TEXAS LOCAL GOVERNMENT
CODE. (9:31 AM)

Clerk’s Note: Item 24 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

25.

APPROVE CONTRACT WITH CYRUS NETWORKS, LLC DBA CYRUSONE
FOR LEASE SPACE FOR DATA CENTER. (9:14 AM)
Item 25 postponed until December 21, 2010.

DECEMBER 14, 2010 VOTING SESSION

PAGE 15

OTHER ITEMS
26.

CONSIDER AND TAKE APPROPRIATE ACTION ON ORDER AMENDING THE
ANNUALLY DETERMINED CONTRIBUTION RATE PLAN SELECTIONS TO
INCREASE BENEFITS OF RETIREES UNDER TEXAS COUNTY AND
DISTRICT RETIREMENT SYSTEM. (9:31 AM)

Clerk’s Note: Item 26 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

27.

CONSIDER AND TAKE APPROPRIATE ACTION REGARDING TRAVIS
COUNTY INTEGRATED JUSTICE SYSTEM (IJS) INCLUDING: (2:55 PM)
(2:57 PM) (3:36 PM)
A. BRIEFING ON FUTURE OF IJS AT TRAVIS COUNTY;
B. RECOMMENDATION FROM JUSTICES OF THE PEACE REGARDING
CONFERENCE OF URBAN COUNTIES’ TECHSHARE RESOURCE
SHARING PROGRAM; AND
C. OTHER RELATED ISSUES.
Members of the Court heard from: Joe Harlow, Chief Technology Officer,
Information and Telecommunications Systems (ITS); Janice Brown, Applications
Support Division Director, ITS; Susan Steeg, Justice of the Peace Precinct Three;
David Jungerman, Financial Auditor/Analyst II, Auditor’s Office; Rod Brown,
Information Technology Director, ITS, Raul Gonzalez, Justice of the Peace Precinct
Four; Tenley Aldredge, Assistant County Attorney, and The Honorable John K.
Dietz, Judge, 250th District Court.

DECEMBER 14, 2010 VOTING SESSION

PAGE 16

ITEM 27 CONTINUED
Clerk’s Note: The Court discussed approving a Techshare Resource Sharing
Addendum through the Texas Conference of Urban Counties (CUC) with Tyler
Technology’s Odyssey Application.
Motion by Commissioner Huber and seconded by Commissioner Gómez relating
to Odyssey, that we approve the addendum and the $17,000.00 plus to develop that
relationship to get those questions answered.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
abstain
yes
yes
yes

Clerk’s Note: The Court noted that the source of funding for the review of the
addendum would be the Justice of the Peace (JP) technology fund.

Motion by Commissioner Eckhardt and seconded by Commissioner Davis to direct
ITS in consultation with the IT Advisory Committee to develop a Plan for marshalling
the internal resources and hiring an outside consultant to compile a requirements
document for full IJS implementation with the JP’s as the number one priority in time.
A Friendly Amendment to the previous Motion was offered by Commissioner
Eckhardt to include a review of the architecture of the IT Advisory Group user groups
to enable a successful and collaborative project.
Acceptance of the Friendly Amendment was made by Commissioner Davis.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
yes

DECEMBER 14, 2010 VOTING SESSION
28.

PAGE 17

CONSIDER AND TAKE APPROPRIATE ACTION ON LEGISLATIVE MATTERS,
INCLUDING: (9:14 AM)
A. UPDATE ON LEGISLATIVE ACTIVITIES; AND
B. ADDITIONS TO THE POLICY POSITIONS AND OTHER PROPOSALS
SECTIONS OF THE TRAVIS COUNTY LEGISLATIVE AGENDA.
Items 28.A&B postponed until December 21, 2010.

29.

CONSIDER AND TAKE APPROPRIATE ACTION REGARDING RENEWAL OF
CONTRACT WITH ENVISION CENTRAL TEXAS. (10:05 AM)
Members of the Court heard from: Sally Campbell, Executive Director, Envision
Central Texas.
Motion by Judge Biscoe and seconded by Commissioner Davis to direct
appropriate County Staff to prepare an appropriate contract, including these
deliverables; to have this on the Court's Agenda either December 21 or 28, 2010,
and I would recommend that we just take the money from Allocated Reserve.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

30.

yes
yes
yes
yes
absent

CONSIDER AND TAKE APPROPRIATE ACTION ON A RENEWAL BOND FOR
VISITING JUSTICE OF THE PEACE, ELENA DIAZ. (9:31 AM)

Clerk’s Note: Item 30 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

31.

CONSIDER AND TAKE APPROPRIATE ACTION ON REAPPOINTMENT OF
PAT COGNEGLIANO TO SERVE ON THE BOARD OF THE DISPUTE
RESOLUTION CENTER. (COMMISSIONER GÓMEZ) (9:31 AM)

Clerk’s Note: Item 31 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

DECEMBER 14, 2010 VOTING SESSION
32.

PAGE 18

CONSIDER AND TAKE APPROPRIATE ACTION ON APPOINTMENT OF
LARRY BUGEN TO THE DISPUTE RESOLUTION CENTER BOARD OF
DIRECTORS FOR A 3-YEAR TERM, EFFECTIVE IMMEDIATELY THROUGH
DECEMBER 31, 2013. (COMMISSIONER HUBER) (9:31 AM)

Clerk’s Note: Item 32 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

33.

CONSIDER AND TAKE APPROPRIATE ACTION ON THE REAPPOINTMENT
OF DEBORAH RISOVI TO THE TRAVIS COUNTY CHILDREN’S PROTECTIVE
SERVICES BOARD FOR A 3-YEAR TERM, EFFECTIVE JANUARY 1, 2011
THROUGH DECEMBER 31, 2013. (COMMISSIONER HUBER) (9:31 AM)

Clerk’s Note: Item 33 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

34.

CONSIDER AND TAKE APPROPRIATE ACTION ON THE FIRST AMENDED
CONSERVATION EASEMENT AND FENCING AGREEMENT WITH 69
GRANDVIEW, L.P. IN NORTHWEST TRAVIS COUNTY IN CONNECTION
WITH THE BALCONES CANYONLANDS CONSERVATION PLAN.
(COMMISSIONER HUBER) (10:41 AM) (3:52 PM)
Members of the Court heard from: Rose Farmer, Resource Management
Specialist, TNR.
Motion by Commissioner Huber and seconded by Commissioner Gómez to
approve Item 34.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
yes

DECEMBER 14, 2010 VOTING SESSION

PAGE 19

EXECUTIVE SESSION ITEMS
Note 1 Gov’t Code Ann 551.071, Consultation with Attorney
Note 2 Gov’t Code Ann 551.072, Real Property
Note 3 Gov’t Code Ann 551.074, Personnel Matters
Note 4 Gov’t Code Ann 551.076, Security
Note 5 Gov’t Code Ann 551.087, Economic Development Negotiations
The Commissioners Court will consider the following items in Executive Session. The
Commissioners Court may also consider any other matter posted on the agenda if there
are issues that require consideration in Executive Session and the Commissioners
Court announces that the item will be considered during Executive Session.

35.

REVISED NOTATION: CONSIDER AND TAKE APPROPRIATE ACTION TO
COMPLETE THE HIRING PROCESS FOR STEVE MANILLA AS EXECUTIVE
MANAGER, TRANSPORTATION AND NATURAL RESOURCES. 3 (10:42 AM)
(5:18 PM)

Clerk’s Note: Judge Biscoe announced that Item 35 would be considered in Executive
Session pursuant to Gov’t. Code Ann. 551.074, Personnel Matters.
Discussion only. No formal action taken.
Clerk’s Note: The County Judge noted that there will be an appropriate routine Item on
the Agenda providing a modest pay increase for these additional responsibilities either
December 21 or 28, 2010.

36.

RECEIVE BRIEFING AND TAKE APPROPRIATE ACTION AND/OR CONSIDER
SETTLEMENT OFFER IN SHAY MORROW V. TRACY C. HILL, CIVIL ACTION
NO. A-10-CA-554-SS. 1 (10:42 AM) (5:19 PM)

Clerk’s Note: Judge Biscoe announced that Item 36 would be considered in Executive
Session pursuant to Gov’t. Code Ann. 551.071, Consultation with Attorney.
Discussion only. No formal action taken.

DECEMBER 14, 2010 VOTING SESSION
37.

PAGE 20

CONSIDER AND TAKE APPROPRIATE ACTION REGARDING PROPOSAL
FOR DOWNTOWN OFFICE BUILDING BY D2000, A TURN KEY
DEVELOPMENT COMPANY. 1 AND 2 (10:42 AM) (3:54 PM) (5:19 PM)

Clerk’s Note: Judge Biscoe announced that Item 37 would be considered in Executive
Session pursuant to Gov’t. Code Ann. 551.071, Consultation with Attorney and Gov’t.
Code Ann. 551.072, Real Property.
Motion by Judge Biscoe and seconded by Commissioner Huber that we indicate to
the developer the County's need for something in writing from the PTA indicating
that at the time of any closing on the matter, the PTA would be able to convey title to
the property to Travis County; and after we receive that, then we would give
additional directions to Staff about how to proceed.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
absent

DECEMBER 14, 2010 VOTING SESSION
38.

PAGE 21

CONSIDER AND TAKE APPROPRIATE ACTION REGARDING THE
POTENTIAL PURCHASE OF REAL ESTATE IN CENTRAL AUSTIN. 1 AND 2
(10:42 AM) (2:56 PM) (3:31 PM)

Clerk’s Note: Judge Biscoe announced that Item 38 would be considered in Executive
Session pursuant to Gov’t. Code Ann. 551.071, Consultation with Attorney and Gov’t.
Code Ann. 551.072, Real Property.
Members of the Court heard from: Rodney Rhoades, Executive Manager, PBO;
Keith Zimmermann, Broker, UGL Equis Corporation; Tenley Aldredge, Assistant
County Attorney; John Hille, Assistant County Attorney; Susan Spataro, Travis
County Auditor; and Leroy Nellis, Budget Manager, PBO.
Motion by Judge Biscoe and seconded by Commissioner Davis that upon full
execution of the contract, verification of funds, and a full audit of the claim, the
County Auditor is requested to issue a payment for all the contracted earnest money
and the County Treasurer to release the payment to Heritage Title of Austin; the
form of the payment shall be that which provides the most expeditious and secure
payment under the terms of the agreement, and as determined by the Auditor. This
would be $1 M of earnest money to secure the Purchase and Sale Agreement. The
Motion would also be to execute the Purchase and Sale Agreement, and authorize
the County Judge to sign on behalf of the Commissioners Court.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
yes

Clerk’s Note: The Court discussed a document directing Heritage Title of Austin to
invest the $1 M escrow amount on behalf of Travis County during the feasibility
period.
Motion by Judge Biscoe and seconded by Commissioner Davis that we authorize
the County Judge to sign the document of behalf of the Commissioners Court.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
yes

DECEMBER 14, 2010 VOTING SESSION
39.

PAGE 22

RECEIVE LEGAL BRIEFING AND TAKE APPROPRIATE ACTION ON APPEAL
FROM TRAVIS COUNTY GRIEVANCE PANEL DECISION IN SERGIO FLORES
V. PRECINCT THREE CONSTABLE RICHARD MCCAIN, PURSUANT TO
TRAVIS COUNTY CODE SECTION 9.257(K). 1 AND 3 (10:42 AM) (5:20 PM)

Clerk’s Note: Judge Biscoe announced that Item 39 would be considered in Executive
Session pursuant to Gov’t. Code Ann. 551.071, Consultation with Attorney and Gov’t.
Code Ann. 551.074, Personnel Matters.
Clerk’s Note: The County Judge noted that the grievant will interview with the
Constable Five Office. The County Attorney’s Office will then advise the Court whether
the status of the grievant’s employment has changed. The County Judge also noted
that the current offer of the Commissioners Court remains the same.

40.

RECEIVE BRIEFING AND TAKE APPROPRIATE ACTION ON REQUEST FOR
FINANCIAL INCENTIVES FOR PROJECT HELIOS, A SOLAR ENERGY
INITIATIVE IN NORTHEAST TRAVIS COUNTY. 5 (10:42 AM) (5:21 PM)

Clerk’s Note: Judge Biscoe announced that Item 40 would be considered in Executive
Session pursuant to Gov’t. Code Ann. 551.087, Economic Development Negotiations.
Motion by Commissioner Davis and seconded by Judge Biscoe to approve Item
40, with the corrections that were discussed in Executive Session to the original
contract. The County Judge is authorized to sign the contract on behalf of the
Commissioners Court.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
absent

DECEMBER 14, 2010 VOTING SESSION
41.

PAGE 23

RECEIVE BRIEFING FROM COUNTY ATTORNEY AND TAKE APPROPRIATE
ACTION REGARDING OPTIONS TO LIFT ORDERS REGULATING OUTDOOR
BURNING AND ORDERS REGULATING FIREWORKS MORE
EXPEDITIOUSLY. 1 (10:42 AM) (3:54 PM) (5:22 PM)

Clerk’s Note: Judge Biscoe announced that Item 41 would be considered in Executive
Session pursuant to Gov’t. Code Ann. 551.071, Consultation with Attorney.
Motion by Judge Biscoe and seconded by Commissioner Eckhardt that we
indicate to Deece Eckstein, Intergovernmental Relations Officer our support to the
proposed legislation being filed by a friendly legislator or more, because I think that
language would be helpful, along with adding this item to our legislative priority list.
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
absent

ADDED ITEMS
A1.

CONSIDER AND TAKE APPROPRIATE ACTION ON APPROVING A GRANT
ADJUSTMENT NOTICE TO RELEASE UNSPENT FISCAL YEAR 2008 STATE
HOMELAND SECURITY GRANT FUNDS BACK TO THE CAPITAL AREA
COUNCIL OF GOVERNMENTS. (9:31 AM)

Clerk’s Note: Item A1 approved as part of the Consent Motion. Please refer to
CONSENT ITEMS for a summary of the Court’s Motion and Vote.

DECEMBER 14, 2010 VOTING SESSION

PAGE 24

ADJOURNMENT
Motion by Commissioner Davis and seconded by Commissioner Huber to adjourn
the Voting Session. (5:22 PM)
Motion carried: County Judge Samuel T. Biscoe
Precinct 1, Commissioner Ron Davis
Precinct 2, Commissioner Sarah Eckhardt
Precinct 3, Commissioner Karen Huber
Precinct 4, Commissioner Margaret J. Gómez

yes
yes
yes
yes
absent

MINUTES APPROVED BY THE COMMISSIONERS’ COURT

____________________________________
Date of Approval

____________________________________
Samuel T. Biscoe, Travis County Judge