Minutes for the Travis County Commissioners Court January 10, 2023 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 January 10, 2023, in the Travis County Administration Building, Commissioners Courtroom, 700 Lavaca Street, 1st Floor, Austin, TX, Dyana Limon-Mercado County Clerk, was represented by Deputy Gillian Porter. Present: County Judge Andy Brown Commissioner Precinct 1 Jeffrey Travillion Commissioner Precinct 2 Brigid Shea Commissioner Precinct 3 Ann Howard Commissioner Precinct 4 Margaret J. Gómez Public Communication Clerk's Note: There were no speakers for Public Communication. County Announcements Members of the Court heard from: Zephyr Stone, Talent Planning & Engagement Manager, Human Resources Management Department (HRMD) Clerk's Note: There will be a Travis County Job Fair on January 18 from 10am to 2pm at 700 Lavaca, for more information, please go to traviscountytx.gov Clerk's Note: The County Judge noted that the air conditioning is broken at 700 Lavaca. Consent C1. Receive bids from County Purchasing Agent. (Commissioner Travillion) C2. Approve payment of claims by the County Treasurer. (Judge Brown) C3. Authorize the County Treasurer to invest County funds. (Judge Brown) MOTION: Approve Items C1-C3. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 4 Margaret Gómez January 10, 2023, Minutes of the Travis County Commissioners Court Page 1 SECONDER: Commissioner Precinct 1 Jeffrey Travillion AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez Second Consent Motion MOTION: Approve Items 5, 6, 10.a-b, 14, 15, 16a-b, 19, 20, 22, 25, and 26. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 4 Margaret Gómez SECONDER: Commissioner Precinct 1 Jeffrey Travillion AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez Public Hearings 1. Receive comments regarding the following Drainage Easement vacation requests associated with Longview Phase 2 subdivision in Precinct Four: A. Authorize the filing of an instrument to vacate a Drainage Easement in Extraterritorial Jurisdiction with Required Maintenance, dedicated per document #2021153086 of the Official Public Records of Travis County B. Authorize the filing of an instrument to vacate a Drainage Easement in Extraterritorial Jurisdiction with Required Maintenance, dedicated per document #2021153076 of the Official Public Records of Travis County (Commissioner Gómez) MOTION: Open the Public Hearing. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 4 Margaret Gómez SECONDER: Commissioner Precinct 2 Brigid Shea AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez 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. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 4 Margaret Gómez SECONDER: Commissioner Precinct 1 Jeffrey Travillion AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez January 10, 2023, Minutes of the Travis County Commissioners Court Page 2 2. Receive comments regarding a proposed License Agreement to allow Thalle Construction Company, a contractor for the Brushy Creek Regional Utility Authority, to stage a temporary laydown yard with miscellaneous construction materials and equipment, including a ready mix batch plant and related field office and support structures, at Sandy Creek Park. (Commissioner Howard) MOTION: Open the Public Hearing. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 1 Jeffrey Travillion SECONDER: Commissioner Precinct 2 Brigid Shea AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez Members of the Court heard from: Robert Armistead, Assistant Director, Parks, Transportation and Natural Resources (TNR) Drew Pickle, District Park Manager, TNR MOTION: Close the Public Hearing. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 2 Brigid Shea SECONDER: Commissioner Precinct 1 Jeffrey Travillion AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez Emergency Services 3. Consider and take appropriate action regarding the following: A. Outdoor burning in the unincorporated areas of Travis County B. County response to natural disaster or other emergency (Judge Brown) RESULT: NO ACTION NECESSARY 4. Receive briefing and take appropriate action regarding items related to the County’s response to and recovery from COVID-19 and other health crises, including but not limited to: A. Periodic update from the Austin/Travis County Public Health Authority B. Other necessary measures and actions, including any legal actions, steps, orders, policies, or communications related to COVID-19 and other health crises, and measures necessary to protect public health and safety of employees and residents (Judge Brown) RESULT: NO ACTION NECESSARY January 10, 2023, Minutes of the Travis County Commissioners Court Page 3 5. Consider and take appropriate action to approve an Interlocal Agreement with Travis County Water Control & Improvement District No. 17 (WCID17) as Associate Members of the Greater Austin – Travis County Regional Radio System (GATRRS). (Commissioners Shea & Howard) RESULT: ADDED TO CONSENT Health & Human Services 6. Consider and take appropriate action to approve the public comment drafts of the substantially amended CDBG PY16, PY17, and PY18 Action Plans. (Judge Brown & Commissioner Gómez) RESULT: ADDED TO CONSENT Intergovernmental Relations 7. Consider and take appropriate action on policies and procedures for the Intergovernmental Relations Office during the 88th Legislative Session. (Commissioners Travillion & Shea) Members of the Court heard from: Julie Wheeler, Intergovernmental Relations Officer, Intergovernmental Relations Office (IGR) MOTION: Approve Item 7. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 1 Jeffrey Travillion SECONDER: Commissioner Precinct 3 Ann Howard AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez 8. Consider and take appropriate action on a public notice of intent to file legislation for the passage of a local law. (Commissioners Travillion & Shea) Members of the Court heard from: Julie Wheeler, Intergovernmental Relations Officer, IGR MOTION: Approve Item 8. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 4 Margaret Gómez SECONDER: Commissioner Precinct 2 Brigid Shea AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez January 10, 2023, Minutes of the Travis County Commissioners Court Page 4 Planning & Budget 9. Consider and take appropriate action on budget amendments, transfers, and discussion items. (Commissioner Gómez) Members of the Court heard from: Travis Gatlin, Budget Director, Planning and Budget Office (PBO) MOTION: Approve Item 9. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 4 Margaret Gómez SECONDER: Commissioner Precinct 1 Jeffrey Travillion AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez 10. Consider and take appropriate action on the following grant programs, applications, contracts and related special budgets, and permissions to continue: A. Contract Amendment to Comprehensive Energy Assistance Program (CEAP) grant with Texas Department of Housing and Community Affairs (TDHCA) in Health and Human Services to transfer $50,000 of grant award to Low Income Energy Assistance Program (LIHEAP) Grant and allow a no-cost extension until March 31, 2023 B. Contract Amendment to Low Income Housing Energy Assistance Program (LIHEAP) grant with TDHCA in Health and Human Services to accept $50,000 transfer from CEAP grant award and allow a no-cost extension until March 31, 2023 (Commissioner Gómez) RESULT: ADDED TO CONSENT 11. Consider and take appropriate action on the following related to the Travis County Small Business Grant program, funded by the Local Fiscal Recovery Fund through the American Rescue Plan Act: A. Approval of a hybrid program model for the TCTX Thrive 2.0 funding allocation B. Approval of the TCTX Thrive 2.0 Small Business Program Guidelines C. Delegation of Authority to the County Executive of the Travis County Planning and Budget Office to authorize modifications to the TCTX Thrive 2.0 Small Business Program Guidelines (Commissioner Gómez) RESULT: NO ACTION NECESSARY 12. Consider and take appropriate action on initial priorities to allocate the balance of Travis County's Local Fiscal Recovery Fund Allocation. (Commissioner Gómez) January 10, 2023, Minutes of the Travis County Commissioners Court Page 5 Members of the Court heard from: Jessica Rio, County Executive, PBO Lawrence Lyman, Director, Research and Planning Division, Travis County Health and Human Services (HHS) Christy Moffett, Director, Economic Development & Strategic Investments, PBO Travis Gatlin, Budget Director, PBO Dashiell Daniels, Budget Analyst III, PBO Zenobia Joseph, Travis County resident RESULT: DISCUSSED Purchasing 13. Provide update to RFS No. 2209-014-BB, Independent Performance Audit of Travis County Healthcare District d/b/a Central Health, and receive direction on next steps. (Health & Human Services) (Commissioner Travillion) Members of the Court heard from: Bonnie Floyd, Travis County Purchasing Agent David Jungerman, Chief Auditor, Internal Audit Division, County Auditor's Office Michelle Surka, Budget Analyst II, PBO Peck Young, Director, Public Policy and Political Studies, Austin Community College (ACC) MOTION: Accept the changes and issue a new solicitation. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 4 Margaret Gómez SECONDER: Commissioner Precinct 1 Jeffrey Travillion AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez 14. Authorize Purchasing Agent to issue Request for Proposal (RFP) for Armored Car Services and include Living Wage as an evaluation factor. (County Treasurer) (Commissioner Travillion) RESULT: ADDED TO CONSENT 15. Approve order exempting the purchase of Sportaflex Premier Portable Fencing System, in the amount of $68,493.00 from SportaFlex LLC, from the competitive procurement process, pursuant to County Purchasing Act Section §262.024(a)(7)(A). (Transportation & Natural Resources Department) (Commissioner Travillion) RESULT: ADDED TO CONSENT January 10, 2023, Minutes of the Travis County Commissioners Court Page 6 Technology & Operations 16. Consider and take appropriate action on the following Personnel Amendments: A. Routine Personnel Actions B. Non-Routine Personnel Actions (Commissioners Travillion & Gómez) RESULT: ADDED TO CONSENT Transportation & Natural Resources 17. Consider and take appropriate action on the following Drainage Easement vacation requests associated with Longview Phase 2 subdivision in Precinct Four: A. Authorize the filing of an instrument to vacate a Drainage Easement in Extraterritorial Jurisdiction with Required Maintenance dedicated per document #2021153086 of the Official Public Records of Travis County B. Authorize the filing of an instrument to vacate a Drainage Easement in Extraterritorial Jurisdiction with Required Maintenance dedicated per document #2021153076 of the Official Public Records of Travis County (Commissioner Gómez) MOTION: Approve Item 17. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 4 Margaret Gómez SECONDER: Commissioner Precinct 3 Ann Howard AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez 18. Consider and take appropriate action regarding a License Agreement to allow Thalle Construction Company, a contractor for the Brushy Creek Regional Utility Authority, to stage a temporary laydown yard with miscellaneous construction materials and equipment, including a ready mix batch plant and related field office and support structures, at Sandy Creek Park. (Commissioner Howard) MOTION: Approve the agreement in Item 18. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 3 Ann Howard SECONDER: Commissioner Precinct 4 Margaret Gómez AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez January 10, 2023, Minutes of the Travis County Commissioners Court Page 7 19. Consider and take appropriate action regarding the Annexation of a portion of Gregg Lane by the City of Manor. (Commissioner Travillion) RESULT: ADDED TO CONSENT 20. Consider and take appropriate action regarding the Annexation of a portion of Kimbro Road by the City of Manor. (Commissioner Travillion) RESULT: ADDED TO CONSENT 21. Consider and take appropriate action on budget shortfalls in TNR’s Central Fleet services related to new vehicle purchases. (Judge Brown) Members of the Court heard from: David Greear, Director, Public Works, TNR Charles Schoenfeld, Division Director, Fleet, TNR Travis Gatlin, Budget Director, PBO RESULT: DISCUSSED 22. Consider and take appropriate action on a request to use Alternative Fiscal Security for the construction of Provence Phase 1, Section 8 subdivision, in Precinct Three. (Commissioner Howard) RESULT: ADDED TO CONSENT 23. Consider and take appropriate action on a proposed License Agreement with Rob Roy on the Creek Homeowners Association, Inc. for automatic license plate reading cameras within the right-of-way in Rob Roy on the Creek Sections 2, 3, & 5 subdivisions, in Precinct Three. (Commissioner Howard) Members of the Court heard from: William Poole, Major, Travis County Sheriff's Office (TCSO) Diane Hern, President, Rob Roy on the Creek Homeowners Association MOTION: Approve the licensing agreement between Travis County and Rob Roy on the Creek to install Flock cameras in Travis County right-of- way. MOVER: Commissioner Precinct 3, Ann Howard Clerk’s Note: The Motion died for lack of a Second. 24. Consider and take appropriate action on the following requests regarding the 2023 Bond Referendum: A. Appointments to the Citizens Bond Advisory Committee for the 2023 Travis County Bond Referendum B. Provide charge to Citizens Bond Advisory Committee (Judge Brown) January 10, 2023, Minutes of the Travis County Commissioners Court Page 8 Judge Brown announced that Item 24.a would be considered in Executive Session pursuant to Gov’t. Code Ann. 551.071, Consultation and Gov’t Code Ann 551.0745, Deliberation by Commissioners Court about County Advisory Body. Members of the Court heard from: Cynthia McDonald, County Executive, TNR Travis Gatlin, Budget Director, PBO Jessica Rio, County Executive, PBO MOTION: Authorize the County Judge to appoint the chair of the Citizens Bond Advisory Committee (CBAC), the Commissioners appoint three members each and the County Judge two members plus the chair, the deadline for recommendations from the CBAC be no later than mid July 2023 with a preference that they return in June 2023, and include the charges as recommended by Cynthia McDonald, County Executive, TNR, including direction that CBAC recommendations remain within the budget. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 3 Ann Howard SECONDER: Commissioner Precinct 2 Brigid Shea AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez Other 25. Consider and take appropriate action regarding technical changes to the 2023 Commissioners Court Calendar. (Judge Brown) RESULT: ADDED TO CONSENT 26. File certification of completion of continuing education for Bruce Elfant, Tax Assessor Collector in court records for year 2022. (Judge Brown) RESULT: ADDED TO CONSENT 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 January 10, 2023, Minutes of the Travis County Commissioners Court Page 9 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 Note 7: Gov’t Code Ann 551.0745, Deliberation by Commissioners Court about County Advisory Body 27. Receive briefing and take appropriate action regarding Travis County information security issues. 1 & 6 (Commissioners Travillion & Howard) Judge Brown announced that Item 27 would be considered in Executive Session pursuant to Gov’t Code Ann. 551.071, Consultation and Gov’t Code Ann 551.089, IT Security. RESULT: DISCUSSED 28. Consider and take appropriate action regarding the acquisition of approximately 19 acres of land in connection with the Balcones Canyonlands Conservation Plan in Precinct Three. 1 & 2 (Commissioner Howard) Judge Brown announced that Item 28 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: Approve the land acquisition as discussed and for the price discussed in Executive Session. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 3 Ann Howard SECONDER: Commissioner Precinct 2 Brigid Shea AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez 29. Receive briefing and take appropriate action on a request from the County of Santa Clara, California that Travis County join as a signatory to a proposed local governments joint amicus brief to be filed in No. 22-11037, Texas v. Becerra, pending before the United States Court of Appeals for the Fifth Circuit. 1 (Judge Brown) RESULT: NO ACTION NECESSARY 30. Receive briefing and take appropriate action on a request that Travis County join as a signatory to a Comment to be filed in support of a proposed finding that leaded aviation gasoline causes or contributes to air pollution that endangers human health or welfare under Section 231 of the Clean Air Act. 1 (Judge Brown) Judge Brown announced that Item 30 would be considered in Executive Session pursuant to Gov’t. Code Ann. 551.071, Consultation. January 10, 2023, Minutes of the Travis County Commissioners Court Page 10 MOTION: Approve Travis County joining as a signatory to a proposed Comment to be filed in support of a proposed finding that leaded aviation gasoline causes or contributes to air pollution that endangers human health or welfare under Section 231 of the Clean Air Act, and delegating signatory authority to County Attorney Delia Garza. RESULT: APPROVED - UNANIMOUS MOVER: Commissioner Precinct 4 Margaret Gómez SECONDER: Commissioner Precinct 2 Brigid Shea AYES: Andy Brown, Jeffrey Travillion, Brigid Shea, Ann Howard, Margaret Gómez Adjourn Minutes Approved by the Commissioners Court Date of Approval Andy Brown, County Judge January 10, 2023, Minutes of the Travis County Commissioners Court Page 11