Minutes for the Travis County Commissioners Court Tuesday, September 1, 2020 Voting Session

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Minutes for the

Travis County Commissioners Court

Tuesday, September 1, 2020

Voting Session

Minutes Prepared by the Travis County Clerk

512-854-4722 ● www.traviscountytx.gov ● PO Box 149325, Austin, TX 78714-9325 Call to Order

Meeting called to order on September 1, 2020, in the Travis County Administration Building, Commissioners Courtroom, 700 Lavaca Street, 1st Floor, Austin, TX, Dana DeBeauvoir, County Clerk, was represented by Deputy Gillian Porter.

Samuel T. Biscoe County Judge Present

Jeffrey W. Travillion, Sr. Precinct 1, Commissioner Present

Brigid Shea Precinct 2, Commissioner Present

Gerald Daugherty Precinct 3, Commissioner Present

Margaret J. Gómez Precinct 4, Commissioner Present

Signature Motion

Clerk's Note: The members of the Commissioners Court discussed the voting session being held by video conference and that several Commissioners are not physically present.

MOTION: Each Commissioner not physically present delegates the authority to the

County Judge to sign any documents, including orders related to items before the court today on their behalf.

RESULT: APPROVED [UNANIMOUS]

MOVER: Jeffrey W. Travillion Sr, Commissioner

SECONDER: Gerald Daugherty, Commissioner

AYES: Biscoe, Travillion Sr, Shea, Daugherty, Gómez

Consent Items

C1. Receive bids from the County Purchasing Agent. (Commissioner Daugherty) C2. Approve payment of claims by the County Treasurer. (Judge Biscoe)

C3. Authorize the County Treasurer to invest County funds. (Judge Biscoe)

MOTION: Approve Consent Items C1-C3.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Gerald Daugherty, Commissioner

SECONDER: Samuel T. Biscoe, County Judge

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Second Consent Motion

MOTION: Approve Items 7, 8, 9, 11.a-d, 12, 13.a-e, 14, 15, 16, 17, 18, 20, 23, and

26.a-t.

RESULT: ADOPTED [UNANIMOUS]

Public Hearings

1. Receive comments regarding a Resolution of No Objection (RONO) for The Residences at Howard Lane to be located at or near the northwest corner of Howard Lane and Harris Branch Parkway in Austin, Travis County, Texas, predominantly in Precinct Two and partially in Precinct One; the property is predominantly in the unincorporated area, with a small segment falling within the City of Austin. (Action Item 6) (Commissioners Shea & Gómez)

RESULT: POSTPONED

2. Receive comments regarding the naming of an easement – to be named Alpaca Trail – that intersects Nameless Road in Precinct Three. (Action Item 22) (Commissioner Daugherty)

MOTION: Open the Public Hearing.

MOVER: Samuel T. Biscoe, County Judge

SECONDER: Gerald Daugherty, Commissioner

Members of the Court heard from:

Anna Bowlin, Division Director, Development Services and Long Range Planning, Transportation and Natural Resources (TNR)

MOTION: Close the Public Hearing.

Emergency Services

3. Consider and take appropriate action regarding:

a. Travis County’s response to and recovery from COVID-19, including but not limited to an update from Dr. Escott or his designee at Austin/Travis County Public Health

b. Other necessary measures and actions related to COVID-19, including Travis County’s operations, policies, emergency assistance, measures necessary to preserve public health and safety, and applicable orders, declarations or resolutions, including communications from the State (Judge Biscoe)

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Chuck Brotherton, County Executive, Emergency Services

Dr. Mark Escott, Interim Health Authority, Austin Public Health and Health Authority, Austin-Travis County

Fay Gillum, Travis County resident Gail Atwatter, Travis County resident

RESULT: DISCUSSED

4. Consider and take appropriate action regarding outdoor burning in the unincorporated areas of Travis County. (Judge Biscoe)

Tony Callaway, Travis County Fire Marshal

Clerk's Note: The County Judge announced that by taking no action, the prohibition against outdoor burning remains in place.

5. Consider and take appropriate action regarding a declaration of local state of disaster and public health emergency for Travis County’s response to and recovery from Hurricane Laura and Tropical Storm Marco, including but not limited to:

a. Necessary measures and actions regarding Travis County’s operations, policies, emergency assistance, measures necessary to preserve public health and safety, and applicable orders, declarations, or resolutions, including communications from the State b. Approving proclamation continuing declaration of disaster associated with Hurricane Laura

and Tropical Storm Marco

c. Receiving update on recovery and emergency assistance measures (Judge Biscoe) Members of the Court heard from:

Chuck Brotherton, County Executive, Emergency Services

Eric Carter, Emergency Management Coordinator, Emergency Services

MOTION: Approve the proclamation in Item 5.b.

MOVER: Jeffrey W. Travillion Sr, Brigid Shea

Health and Human Services

6. Consider and take appropriate action on a Resolution of No Objection (RONO) for The

Residences at Howard Lane, to be located at or near the northwest corner of Howard Lane and Harris Branch Parkway in Austin, Travis County, Texas, predominantly in Precinct Two and partially in Precinct One; the property is predominantly in the unincorporated area, with a small segment falling within the City of Austin. (Public Hearing 1) (Commissioners Shea & Gómez)

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Intergovernmental Relations

7. Approve the issuance of a call for applications for an appointment to the Central Health Board of Managers. (Judge Biscoe)

RESULT: ADDED TO CONSENT

8. Consider and take appropriate action to approve short list of selected finalists to be interviewed for appointments to the Sobering Center Board of Directors. (Judge Biscoe)

Justice Planning

9. Consider and take appropriate action to approve the continuation of annual interlocal agreements for emergency law enforcement dispatch services with the municipalities of Jonestown, Manor, Mustang Ridge, Rollingwood, Sunset Valley, and Westlake Hills. (Judge Biscoe)

Planning and Budget

10. Consider and take appropriate action on budget amendments, transfers, and discussion items. (Commissioner Gómez)

RESULT: NO ACTION NECESSARY

11. Consider and take appropriate action on the following grant programs, applications, contracts and related special budgets, and permissions to continue:

a. Annual contract with the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) for the Parenting in Recovery Family Drug Treatment Court (PIR/FDTC) program in the Health and Human Services Department

b. Annual contract with the Office of the Attorney General for the Victim Coordinator and Liaison Grant Program in the District Attorney’s Office

c. Annual contract with the Office of the Attorney General for the Other Victim Assistance Grants (OVAG) grant in the County Attorney’s Office

d. Annual contract with the Texas Department of Motor Vehicles for the Combined Auto Theft Task Force – FY 2021 in the Sheriff’s Office (Commissioner Gómez)

12. Consider and take appropriate action to revise the date of the public hearing regarding the 2020 Property Tax Rate (Fiscal Year 2021) to Tuesday, September 8, 2020. (Commissioner Gómez)

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13. Consider and take appropriate action to:

a. Approve an order setting Calendar Year 2021 Sheriff’s and Constables’ civil fees b. Approve updated and new fees for the Medical Examiner

c. Approve updated fees for the Fire Marshal’s Office in Emergency Services

d. Approve updated park user fees for the Transportation and Natural Resources Department e. Receive an annual update on fees to be charged by towing companies called by the

Sheriff’s Office for non-consent towing (Commissioner Gómez)

Purchasing Office Items

14. Approve Modification No. 1 to Contract No. 4400004914 with Aguirre & Fields, LP for the Ledgestone Terrace at Pen Creek Tributary drainage improvements. (Commissioner Daugherty)

15. Approve Modification No. 1 to Contract No. 4400004936 with Arias & Associates, Inc. for construction material testing for Thomas Springs at Circle Drive left turn lane. (Commissioner Daugherty)

16. Approve Modification No. 12 to Contract No. 4400000560 with Bloomberg Finance, LP for the financial market access service system. (Commissioner Daugherty)

17. Approve Modification No. 47 to Contract No. 4400000562 with Easy Access, Inc. for Tax Office computer system. (Commissioner Daugherty)

18. Approve Modification No. 1 to Contract No. 4400004642 with LJA Engineering, Inc. for Pearce Lane widening and Pearce Lane at Kellam Road improvements. (Commissioner Daugherty)

Technology and Operations

19. Consider and take appropriate action on: a. Proposed new job postings

Todd Osburn, Compensation Manager, Human Resources Management Department (HRMD)

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MOTION: Approve Item 19.a.

SECONDER: Brigid Shea, Commissioner

b. Proposed personnel actions – elected & appointed officials departments Members of the Court heard from:

Todd Osburn, Compensation Manager, HRMD

MOTION: Approve Item 19.b.

c. Proposed personnel actions – Commissioners Court departments Members of the Court heard from:

MOTION: Approve Item 19.c.

MOVER: Brigid Shea, Commissioner

SECONDER: Jeffrey W. Travillion Sr, Commissioner

d. Non-routine personnel actions and items for discussion (Commissioners Travillion & Gómez)

MOTION: Approve Item 19.d.

20. Receive update on the Travis County Employee Health Care Fund for the period of October 1, 2019, to July 31, 2020. (Commissioners Travillion & Gómez)

Transportation and Natural Resources

21. Consider and take appropriate action regarding the quarterly status update on the 2017–2022 Bond Program. (Commissioners Travillion & Shea)

David Greear, Assistant Director, Public Works and Capital Improvement Projects, Transportation and Natural Resources (TNR)

Jessy Milner, COO, Frontline Consulting LLC, and Project Manager, 2017 - 2022 Bond Program Projects

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Cynthia McDonald, County Executive, TNR

Hector Nieto, Public Information Officer, Public Information Office (PIO) Morgan Cotten, Director, Public Works, TNR

22. Consider and take appropriate action on the naming of an easement – to be named Alpaca Trail – that intersects Nameless Road in Precinct Three. (Public Hearing 2) (Commissioner

Daugherty)

MOTION: Approve Item 22.

23. Consider and take appropriate action to approve Amendment No. 1 to the advance funding agreement with the Texas Department of Transportation (TxDOT) for FM 1626 roadway improvements in Precinct Three. (Commissioner Daugherty)

24. Consider and take appropriate action on:

a. Easton Park 3A Preliminary Plan (284 total lots on 84.76 acres – 273 single-family lots, ten greenbelt/open space/landscape/drainage lots, and one park lot –City of Austin Limited Purpose) in Precinct Four

b. Phasing agreement with Carma Easton, LLC (This item may be taken into Executive Session under the Consultation with Attorney exception.) (Commissioner Gómez)

Judge Biscoe announced that Items 24.a-b would be considered in Executive Session pursuant to Gov’t. Code Ann. 551.071, Consultation with Attorney.

MOTION: Approve the preliminary plan and phasing agreement in Items 24.a-b.

Other

25. Receive follow-up regarding Travis County Clerk Elections preparations for the November 2020 General Election and associated budget, and take appropriate action. (Judge Biscoe)

Dana DeBeauvoir, Travis County Clerk

Travis Gatlin, Budget Director, Planning and Budget Office (PBO)

26. Consider and take appropriate action to approve new contracts to provide election services for the following entities located in Travis County:

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b. Bastrop-Travis Counties ESD No. 1 c. City of Manor

d. City of Mustang Ridge e. Cypress Ranch WCID No. 1 f. Del Valle ISD

g. Lake Pointe MUD h. Pilot Knob MUD No. 1

i. Southeast Travis County MUD No. 3 j. Southeast Travis County MUD No. 4 k. Tanglewood Forest Limited District l. Travis County ESD No. 1

m. Travis County MUD No. 4 n. Travis County MUD No. 5 o. Travis County MUD No. 6 p. Travis County MUD No. 7 q. Travis County MUD No. 9 r. Travis County MUD No. 20 s. Village of Volente

t. Wells Branch MUD (Judge Biscoe)

Executive Session

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.

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 Note 6 Gov’t Code Ann 551.089, IT Security

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27. Receive legal briefing in Emily Borchardt v. Travis County, Texas, et al., Cause No. 1:19-CV-00891-LY.1_{(Judge Biscoe)}

28. Receive legal briefing in Amy Smith, et al. v. City of Austin, et al., Case No. 1:18-CV-5051.1 (Judge Biscoe)

29. Receive legal briefing and take appropriate action in: State of Texas v. Texas Democratic Party, et al., Cause No. 14-20-00358-CV; Texas Democratic Party et al. v. Abbott, Governor of Texas, et al., Case No. 5:20-CV-00438-FB; In Re State of Texas, Cause No. 20-0394 and related litigation; and correspondence regarding voting by mail.1_{(Judge Biscoe)}

Added Items

A1. Receive legal briefing and take appropriate action on Memorandum for the Secretary of the Treasury on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster. (This item will be taken into Executive Session under the Consultation with Attorney exception.) (Judge Biscoe)

Members of the Court heard from: Patti Smith, Travis County Auditor

Robyn Wright, Business Support Manager - ERP, County Auditor's Office

MOTION: Say no to the opportunity to participate in the payroll tax obligations deferral.

RESULT: APPROVED [4 TO 1]

AYES: Samuel T. Biscoe, Jeffrey W. Travillion Sr, Brigid Shea, Margaret J. Gómez

NAYS: Gerald Daugherty

Adjourn

Minutes approved by the Commissioners Court

____________________________________ Date of Approval

____________________________________ Samuel T. Biscoe, Travis County Judge

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Bee Cave Road District No. 1