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Arbitrator says officer wrongly denied promotion
In a strongly worded opinion, an independent arbitrator has ruled that Austin Police Chief Art Acevedo wrongly withheld the promotion of a sergeant last year, citing the officer’s disciplinary history and work performance.
Arbitrator Chuck Miller of Austin ordered city officials to immediately promote Sgt. Kevin Leverenz to lieutenant, nearly three months after Acevedo declined to elevate him a rank. He also said that Leverenz should receive wages lost during that time.
Miller said that in bypassing Leverenz, Acevedo ignored “the plain wording” of state law and called one of the city’s arguments in the case “a nice try.”
In a move that both sides said is unusual, Miller issued the ruling based on written arguments from the city and Leverenz’s attorney, weeks before the dispute was set for a formal hearing.
“I felt the law was very clear and the arbitrator has also ruled that the state law was very clear,” said attorney Tom Stribling, who represented Leverenz and sought the early ruling. “It is important that the department follow the rules, just like individual officers have to follow the rules.”
Acevedo said the ruling was based on a technicality, not the merits of his decision.
“We thought it was important to pursue the bypass, based on the totality of the facts in this case,” he said. “Now the parameters have been clearly identified, and going forward, we will be able to use the tool more effectively.”
The case marks the second time that Acevedo’s decision to bypass an officer for promotion has been overturned on appeal. A third case is set for a hearing next month.
State law allows chiefs to withhold promotions if they have a “valid reason,” but officials have said Texas chiefs rarely exercise that right.
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Last chance to pay tolls, TxDOT says
The Texas Department of Transportation has begun mailing “last chance” letters to folks who haven’t paid off overdue toll charges. The letters explain how to avoid legal action by paying off toll bills within 30 days. Failure to pay tolls is a violation of state law.
During a three-month Toll Violation Recovery Program last year, TxDOT offered to reduce violation fees by 90 percent if drivers paid outstanding toll bills and opened a TxTag account. The agency received $850,000 on more than 265,000 overdue bills.
Drivers who can’t afford their toll charges can arrange a payment plan with the debt collection agency handling their account. But once TxDOT refers a case to court, customers can’t negotiate payment and must wait for a judge’s ruling. Also, court fees and fines of $350 or more might be applied to toll violations, TxDOT officials said.
Drivers can check the status of their accounts by calling the TxTag Customer Service Center at 1-888-468-9824 or visiting 12719 Burnet Road. Drivers whose violations have been sent to collection should call 1-866-934-7381 to work out payment plans.
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Vote on recycling contract postponed
Austin City Council members today postponed a vote on a major recycling contract until Feb. 25.
As we explained in a story this morning, the council was slated to decide today whether to extend a contract with Greenstar North America an extra year, through September 2011. Greenstar trucks Austin’s recyclables to a facility in San Antonio and processes them there. Austin has lost more than $2 million on the deal, and the extension was contingent on Greenstar lowering the fees it charges the city. But even with the lower fees, the city was projected to lose money.
A bunch of other factors have complicated the contract decision, including an offer made by Texas Disposal Systems this week to process Austin’s recyclables for free for up to three years at a recycling plant it plans to build this year in southeastern Travis County.
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West Lake Hills approves new tree rules
Late tonight, the West Lake Hills City Council adopted a revised set of rules that strengthen and clarify protections for trees.
The rules require residents to get a variance from the city’s Board of Adjustment to fell a tree 14 inches in diameter or larger, among others.
An environmental advocate said the rules are stricter than tree protection rules in Austin that were approved last week.
Read more about the rules in West Lake Hills in today’s story.
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West Lake Hills tree rules up for a vote tonight
At their meeting tonight, the West Lake Hills City Council is poised to consider adopting a revised set of rules that would strengthen and clarify protections for trees.
The rules would require residents to get a variance from the city’s Board of Adjustment to fell a tree 14 inches in diameter or larger, among others.
An environmental advocate says the proposed rules are more strict than tree protection rules in Austin, which were approved last week.
Read today’s story about the proposed rules.
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Assistant city manager tapped as interim Austin Energy chief
City Manager Marc Ott announced this afternoon that Robert Goode, an assistant city manager who oversees the public works, solid-waste services and transportation departments, will be temporarily taking over as head of Austin Energy.
Goode will replace Roger Duncan, who is retiring at the end of February.
The city has hired a search firm to look nationwide for a replacement for Duncan, a process that should take about four months. Goode will serve as interim general manager until a permanent replacement arrives.
Goode is coming on board as the City Council prepares to vote in late March on a much-debated proposal to increase Austin’s reliance on renewable energy. Duncan, the chief architect of the plan, says the utility should take steps to protect the environment and prepare for shifts in the industry by getting 35 percent of its electricity from renewable sources such as wind and solar (renewables now account for around 11 percent of Austin’s energy).
The proposal would raise monthly electric bills around 20 percent between now and 2020, according to Austin Energy estimates.
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Austin Marathon will cause street closures this Valentine’s weekend
Travelers in Austin should be aware of potential traffic delays expected on Sunday, Feb. 14th in Central and North Austin from the 2010 Austin Marathon and Half Marathon.
Austin Marathon and Half Marathon
The Austin Marathon and Half Marathon is taking place on Sunday, February 14, 2010. The Marathon and Half Marathon begin at 7 a.m. on Congress Ave at 2nd Street and conclude on Congress Ave. near 10th Street. Street closures will affect roads from 3:00 a.m. to 6:00 p.m. on February 14 on a rolling schedule. Below is a list of some of the major road closures:
Full Road Closures:
Congress Ave. from 11th St. to Cesar Chavez St.
South Congress Ave. from Cesar Chavez St. to Riverside Dr.
Ben White Frontage from Congress Ave. to South 1st St.
Veterans Dr. from Stephen F. Austin to Lake Austin Blvd.
Enfield Rd. from Scenic Rd. to Exposition Blvd.
Shoal Creek Blvd from Hancock Dr. to White Rock Dr.
Great Northern from White Rock Dr. to Foster Ln.
Partial Road Closures:
South Congress Ave. from Riverside Dr. to Ben White Blvd. (Open to North bound traffic)
South 1st St. from Ben White Blvd. to Riverside Dr. (Open to South bound traffic)
Cesar Chavez St. from Congress Ave. to Stephen F. Austin Dr. (Open to West bound traffic)
Lake Austin Blvd. from Loop 1 (Mopac) to Exposition Blvd. (One lane open in each direction)
Exposition Blvd. from Enfield Rd. to West 35th St. (Open to North bound traffic)
You can find the entire street closure schedule at: http://www.ci.austin.tx.us/specialevents/downloads/austinmthonclosures021410.pdf
To see a map of the street closure, click here: http://www.ci.austin.tx.us/specialevents/downloads/austinmthonmap021410.pdf
—Press release courtesy of the City of Austin
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Barton Springs “free swim” hearing tonight
Tonight the Parks and Recreation Department will hold a public meeting about whether to begin charging admission at Barton Springs Pool during two pool hours that are now free.
Currently, from 8 to 9 a.m. and 9 to 10 p.m. the pool has lifeguards and no admission fee. Officials say attendance has grown so large, especially after 9 p.m., that they must keep a full shift of lifeguards on duty.
The Parks and Recreation Department wants to charge admission during those hours to stop the 9 p.m. rush at the pool, spread out visitors over the rest of the night and stay within its lifeguard staffing budget.
Tonight’s meeting starts at 6 p.m. at 400 Deep Eddy Ave. Another will be held March 2. Then parks staffers will take the idea to the parks board and City Council for a vote.
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Barton Springs Pool to re-open
Barton Springs Pool will re-open today at 11 a.m.
The city closed the pool over the weekend because of flooding. The usual Thursday pool cleaning will be suspended this week so that the pool can stay open for swimming.
There is no admission fee at Barton Springs during winter months.
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City to begin first phase of Web site redesign
FROM THE CITY OF AUSTIN:
City of Austin will launch Phase 1 of the Web site redesign project with City Council, City leadership and the selected vendor at 1 p.m. Feb 5 in City Council Chambers. The public is invited to hear from SteelSMBology Inc., the local company chosen to redesign the Web site.
Members of SteelSMBology Inc. will discuss their goals of making the new municipal Web site user-friendly, transparent and a reflection of Austin’s unique culture. Also, SteelSMBology Inc. will receive input from City Council regarding Council’s expectations for the project.
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Barton Springs Pool closed
City officials have temporary closed Barton Springs Pool because of flooding.
Deep Eddy Pool will have a revised schedule for the weekend: 7 a.m. to 7:30 p.m. Friday, 6 a.m. to 7 p.m. Saturday and Sunday.
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Mayor: state of the city is strong
Austin is faring better than other large cities and is poised to emerge strong from the recession, Mayor Lee Leffingwell said in his annual “state of the city” address today.
“There’s at least one thing I know about Austin. And that is that we do believe in the power of a creative mind and a determined spirit to solve any problem,” Leffingwell told 420 people at a Real Estate Council of Austin luncheon in a ballroom of the Four Seasons hotel downtown. “Austin is full of smart, driven people who make things happen.”
“For that reason … even during this monumentally difficult moment in history, the state of our city is strong,” he said.
He rattled off a list of accolades and No. 1 rankings the city has achieved, and said Austin has lost fewer jobs and had a more stable real estate market than other big cities. He noted that an incentives package the City Council just passed with Hanger Orthopedic Group would bring more jobs to town, and said council members will consider another economic deal in the coming weeks with the company LegalZoom.
Austin needs to diversify its economy by growing more jobs in the fields of tourism, renewable energy and creative media, he said, adding that he hopes to bring a major social media company such as Twitter to Austin. He said he’ll hold a summit on small businesses next month. And he gave a shout-out to the Pecan Street Project, a coalition of academics, businesses and city leaders that’s trying to create the electrical grid of the future. That effort has been shepherded by Brewster McCracken, Leffingwell’s former mayoral competitor.
Leffingwell touted the council’s 4-3 vote last year to build a new water plant, a project that split environmental groups and real estate professionals. And he said he’ll support a controversial new energy plan to increase Austin’s reliance on renewal energy if the plan is flexible enough to be changed down the road, as energy needs and technologies change.
Noting that Austin’s traffic congestion continues to hamper the quality of life here, he said he still plans to hold a transportation bond election this November that will include bike, pedestrian and road projects, as well as urban rail.
The mayor, seen as stern by some, seems to be getting more comfortable in front of podiums, peppering his speech today with self-deprecating remarks and trying to keep the mood light.
“We all know that the reason I’m such a popular keynote speaker is my intense personal charisma and my dynamic and inspiring oratory,” he joked at the start of the speech. “So in case you find yourself overcome with emotion during my speech, please, don’t be embarrassed to weep openly.”
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Barton Springs Pool reopens
Barton Springs Pool, which had been closed since Friday because floods washed debris into it, reopened earlier this morning.
The pool has returned to its regular hours of 5 a.m. to 10 p.m., said Jodi Jay, the city’s acting program manager for aquatics. Because it’s already been cleaned, the pool will also be open on Thursday, instead of closing from 9 a.m. to 7 p.m. for the usual weekly cleaning.
Deep Eddy Pool, which had extended hours while Barton Springs was closed, will return to its normal schedule of 11 a.m. to 7 p.m. Monday through Friday and 11 a.m. to 7:30 p.m. on the weekend, Jay said.
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Police to begin ticketing for texting while driving
Austin police will begin issuing tickets today for people who text message while driving.
The ban took effect Jan. 1, but police said they would issue warnings for the first month to raise awareness of the new city ordinance.
Drivers can still talk on the phone while behind the wheel. The ban prohibits driving while using a mobile electronic device to send a text message or e-mail, surf the Web, play a game or adjust music settings or use iPhone applications.
Drivers can still use mobile devices while stopped at a stoplight. Other exemptions include using navigational systems or wireless devices permanently installed in a vehicle, using devices operated “solely in a voice activated or other hands-free mode” and texting in emergency situations.
The citations will be a Class C misdemeanor, which carries a fine of up to $500 and can be appealed in Municipal Court.
Police officials said it’s unclear how many warnings were issued in January for texting while driving because the department doesn’t keep track of individual violations, just total warnings.
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Barton Springs Pool closes temporarily
The city has temporarily closed Barton Springs Pool because of flooding. Once the flooding stops, pool staffers will clean the pool of silt and debris and re-open it, parks officials said. Starting tomorrow, swimmers can visit Deep Eddy Pool during the revised hours of 6 a.m. to 7 p.m. Saturdays and Sundays, 7 a.m. to 7:30 p.m. Mondays, Wednesdays and Fridays and 6 a.m. to 7:30 p.m. Tuesdays and Thursdays.
Annual pool maintenance at Deep Eddy has been postponed until Feb. 8.
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City says property owner illegally clearcut trees
City officials are having a 3 p.m. press conference to elaborate possible city-code violations by a salvage yard on South Congress Avenue between William Cannon Drive and Slaughter Lane.
From a city press release:
“Yesterday, the City of Austin learned that Capitol City Auto Parts, a salvage yard on South Congress Avenue near Dittmar Road, appeared to have cleared part of their property of trees without a permit. City arborists and environmental inspectors are still assessing the damage but estimate that more than 100 trees of various sizes were cut down across about 10 acres of land. The City of Austin has laws requiring that a permit be obtained for development activity, which includes the removal of vegetation.
In addition, it appears that Capitol City Auto Parts piled the tree limbs and trunks as well as rocks, concrete and other debris along South Boggy Creek. This is a potential flood hazard for South Congress and Dittmar Road. Other potential violations of City code at this location include development without a site plan and development in the floodplain.”
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City might add admission fee for two free-swim hours at Barton Springs
Austin’s Parks Department might charge an admission fee during one extra hour in the morning and evening at Barton Springs Pool.
The hours of 8-9 a.m. and 9-10 p.m. currently have lifeguards but no admission fee, and officials say attendance has grown so large, especially at night, that they must keep a full shift of lifeguards on duty.
The Parks and Recreation Department wants to charge admission during those hours to stop the 9 p.m. rush at the pool, spread out visitors over the rest of the night and stay within its lifeguards staffing budget, said Jodi Jay, the city’s acting aquatics program manager.
Parks officials will hold a public meeting about the idea Feb. 10 and March 2 at 6 p.m. at the city’s aquatics office, 400 Deep Eddy Ave. Residents can also submit comments and suggestions to aquaticsoffice@ci.austin.tx.us. Then parks officials will present the idea to the city’s parks board and City Council.
Barton Springs Pool is also open 5-8 a.m. with no lifeguards on duty and no fee, and 9 a.m. to 9 p.m. with lifeguards and a fee — $3 for adults and $1 to $2 for swimmers 17 and under. Several years ago, night lap swimmers asked the city to add a free hour in the evening, and the city obliged, expecting that only a handful of swimmers would regularly show up, said Jodi Jay, the city’s acting aquatics division program manager.
But attendance numbers past 9 p.m. swell into the hundreds on some nights, Jay said. The Save Our Springs Alliance also hosts live music at the pool on full-moon summer nights, which can draw a crowd. The parks department would not seek to change that event, Jay said.
More than 50,000 people visited the pool during free hours in 2009, an increase of 10,000 from 2008, Jay said. The department used to have three lifeguards on duty during those hours, but now often has six or eight past 9 p.m. to ensure safety, she said. There have also been concerns about alcohol and drug use at the pool on crowded evenings, she said.
Currently, lifeguards ask morning swimmers to get out of the pool at 9 a.m. to pay. Under the new plan, anyone who entered the water before 8 a.m. could swim past that hour without paying, Jay said.
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County approves TXI permits for gravel operation
After weeks of delay, Travis County commissioners minutes ago narrowly approved permits for a proposed sand and gravel mining operation on 2,000 acres east of Austin.
With a 3-2 vote, commissioners also approved a roadway improvement agreement between the county and project operator Texas Industries Inc., known as TXI.
Commissioners and Ron Davis and Karen Huber voted against approving the permits and agreement.
County Judge Sam Biscoe and commissioner Margaret Gómez noted the county’s lack of authority on land-use issues. Even if they voted against the measure, the vote wouldn’t stick, Biscoe said. Before casting his vote, Biscoe got confirmation from county staff that the permit applications met all county policies.
Commissioners also voted to pursue monitoring partnerships that could affect future sensitive projects like this one. Davis abstained from this vote.
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County moves to buy downtown office building
Travis County today moved closer to buying 700 Lavaca St., a downtown 15-story office building and adjacent 675-vehicle parking garage. Officials see the $63 million deal as an answer to the county’s space and parking crisis downtown.
It would be the county’s largest acquisition in recent years if not ever, officials said.
Commissioners voted unanimously to move forward with the deal. A purchase-and-sale agreement has been signed and a 90-day, due-diligence period began Friday. During this period, various consultants will assess the building, checking its structure and for possible environmental hazards, among other items. The due-diligence period signals that the county intends to buy the building unless issues surface, County Judge Sam Biscoe said in an interview.
If all goes well during that period, the county will close on the property in June, he said.
However, the county would occupy the building gradually and share it initially. About 65 percent of the building is leased. The existing tenants would give the county time to plan and move in, Biscoe said.
Existing tenant leases and parking garage contracts will remain in place until they expire in up to five years, and afterward tenants “probably” will have the option to extend their contracts, Biscoe said. The county would become the tenants’ landlord and use their lease payments — about $2 million annually — for renovations, operational costs and/or toward paying off their debt from buying the building, estimated to amount to $4 million to $4.5 million a year over a 20-year period. The county would use the building for longer than that, officials said.
The county is not required by law to bring the issue before voters, Biscoe said. While putting the issue before voters would be his preference, Biscoe said this deal is time-sensitive and the building owner wanted to know if the county wants to buy or not.
For tax payers, the deal would mean for the average homestead roughly $10.36 a year or 86 cents a month, said County Auditor Susan Spataro.
Spataro said it’s a good deal for the tax payers and county employees. “It’s a good building, it meets our needs,” she said. “In the long run, it makes sense to buy this building.”
The $63-million price tag includes $61.25 million to buy the nearly 315,000-square-foot building built in 1979 and parking garage, which are connected by an underground tunnel, and sit on 1½ city blocks, and about $2 million in closing and other expenses, Biscoe said. The $2 million also includes $75,000 for the consultants who will assess the building. Spataro said the county would borrow between $63 and $65 million for the purchase.
While the building comes with a big price tag, officials said downtown real estate is incredibly expensive, and buying the building would cost significantly less than if the county built a brand-new one. The price is good, and with interest rates low and the county’s good financial standing (the county has a AAA bond rating), it’s a good time to buy, officials said.
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Gravel quarry doesn’t need federal approval; vote scheduled Tuesday
Travis County commissioners will again consider approving permits for a proposed sand and gravel mining operation on 2,000 acres east of Austin. They are expected to take up the matter at 1:30 p.m. at their meeting Tuesday.
County commissioners on Jan. 12 postponed voting on permits for the project after learning that the U.S. Army Corps of Engineers wanted to review the project to determine whether the project needs a federal permit.
But in a Jan. 21 letter to project operator Texas Industries Inc., known as TXI, the Fort Worth district of the Corps of Engineers said it reviewed the proposed project and determined that it does not require the agency’s authorization.
“The USACE based this decision on a preliminary jurisdictional determination that there are no waters of the United States within the project site,” the letter states.
The project would be near several growing subdivisions, where many residents oppose it.
At their Jan. 12 meeting, commissioners said they would delay action until TXI meets with the Corps of Engineers and county officials meet with both parties.
Representatives of TXI had told commissioners that they were confident that previous reviews of the site were thorough and that it was determined that a federal permit was not necessary.
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City fires community court employees
Austin city officials on Friday fired two Downtown Austin Community Court employees after they said an investigation found that the men required people sentenced to community service to perform chores at one of their homes.
The employees, Richard Horton, a court supervisor, and Jose Perez, a work crew leader, were notified of the termination more than a week after city officials began investigating a complaint from one of the community service workers.
“This is a situation we will not tolerate from our employees, particularly in a situation like that,” Assistant City Manager Michael McDonald said. “They were performing restitution, and we need to be leading by example.”
Austin police have opened an investigation into the allegations, McDonald said.
According to city officials, Horton instructed people assigned to community service to go to his house to move furniture, pick up trash and mow the lawn at least once in December.
Horton also called Perez to bring his group to Horton’s home, they said.
People assigned to community service frequently assist with removing graffiti, mowing grass and picking up trash at parks, and cleaning the sites of condemned properties.
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I really feel for Mr. Leverenz and Mr. Demoss because how will they ever be made to feel safe from retaliation? Will they be given a true opportuntity to succeed in their new positions? Will they have the respect and trust of the officers beneath them,
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