Travis County Commissioners Court
August 24, 2004
Executive Session Items
Speaking of executive session, I think we've come there. If the office would notify the criminal court that in all probability we will be able to take up temporary pay in their request and I would guess 11:15 to 11:30. We do -- we did get from pbo that they had changed the $40,000 to a sum less than that, and I guess they pulled out the visiting judge's pay, so that deals with part of my concern. The other part is whether we ought to terminate the temporary pay policy and if so, when, and we'll take that up when we come out of executive session. We did postpone 35. 36 is receive briefing from county attorney and take appropriate action action concerning the extension of leave for juvenile probation. That should be the personnel matters exception instead of security and the consultation with attorney exceptions to the open meetings act. 37, receive briefing from county attorney and take appropriate action regarding settlement offer made by registrant pursuant to state office of administrative hearings document number 582-04-2700 styled in re the plikdz of cap-tex, inc. For a beneficial use sludge registration, tceq registration number 710855, cap-tex Biscoe, I don't know why my name is in there, land use regulations. That will be consultation with attorney to the open meetings act. 38 is receive legal advice and take on implementation of Travis County hospital district. 39 receive legal advice on limitations on use of budget machine-up worksheet pursuant to the Texas open meetings act and a 1 will be to find executive session item is receive briefin from county attorney and take appropriate action in city of Sunset Valley versus city of Austin. We will discuss these matters in executive session but will return to open court before we take any action.
we did discuss several items in executive session. Number 36 involving an extension of leave for a juvenile probation departmental employee, did r department 45 slot 175. Move that we authorize leave for pay for August 12th and 13th, 2004, those two days.
>> second.
>> discussion? All in favor? That passes by unanimous vote. 37 involves the application of cap-tex incorporated for beneficial use sludge registration, we have objected to this application in the past. There is a settlement offer before us. Commissioner Davis?
>> yes. Judge, I move that we reject the settlement offer proposed by -- by cap-tex. And we also -- we also would like to -- to direct p.b.o. To find or locate some source of funding for the obligation that we feel we may incur, legal obligation that we may incur during this process of rejection as it goes before the state office administrative hearing process.
>> second.
>> so we reject that.
>> okay.
>> [indiscernible]
>> let me just put in here that we reject their application for a site anywhere in Travis County.
>> yes, I mean, that's part of the whole process here. It even lists the -- the application, registration numbers. 70 -- 710855. I guess tom under legal constraints, since [indiscernible] as is, can we also on record as far as rejecting the whole application process, even though just basically it's just rejecting the -- the counter, rejecting the settlement offer, is there anything that prohibits us from extending that with the whole application process.
>> we are already on record --
>> are you essentially saying you are rejecting this specific settlement offer, you are really not interested in any settlement offer from them.
>> yes.
>> yes exactly.
>> you intend to take it all the way through the hearing process.
>> exactly.
>> yes.
>> but which is a part of their beneficial use, sludge operations process.
>> I think that's appropriate given the posting. The posting was take appropriate action settlement offer, if you are saying don't bother coming back to us with another offer we are going to reject it, too.
>> whole process, tie that all into one lump, motion to take care of this as far as the administration hearings folks.
>> I look forward to this administrative hearing, I hope that will clearly, put on the record, that not only Travis County but aqua waters, corporation, and all interested parties/stakeholders want to have in the official record.
>> uh-huh.
>> so that he is the motion.
>> uh-huh -- so that is the motion.
>> uh-huh.
>> second.
>> all in favor? That passes by unanimous vote.
>> the city of Sunset Valley action against the city of Austin. I move that we indicate basically our intention to fight the -- being enjoined in this lawsuit and our position that if we are joined we will need to conduct discovery in order to be 100% party.
>> second.
>> discussion? All in favor? Show commissions Gomez, Davis, Sonleitner, yours truly voting in favor.
>> I知 going to abstain on this.
>> comaurt abstaining -- Commissioner Daugherty an obtaining. I was told -- Commissioner Daugherty abstaining.
>> hang on a second.
>> sorry.
>> let me ask a question back on a-1. Because I知 -- -- I知 a little confuse odd exactly where we -- I知 a little confused on exactly with where we need to go with this. Is there anything that we need to give the attorneys or an attorney or anyone for lowes to come and make any sort of presentation to us, something that we may be leaving out? Or would this vote that we have taken today just say this is absolutely where we are with this thing and we are not budging from there?
>> part of the problem is that we have got a court hearing that we may or may not be drug into willingly or unwillingly this Friday. So we are kind of stuck with this was something imposed upon us of we think we are going to drag you in. And it's the idea of we don't want to be drug in, but if we are drug in, we are going to need tom to prepare, which I think is prudent no matter where you wind up on the -- on the debate over this original plat application. I mean, I voted for the plat and I would still say, if we are going to be drug into court, you have to allow us to have the same opportunity to prepare a legal case to defend the county's position of what we did and why we did it, why the county clerk did what she did. As opposed to saying you are last minute, tough luck, good luck preparing. That's just prudent in terms of protecting the county's interest and position here.
>> well, I guess I知 fine with that. I mean, even if we had someone here, I知 not so sure that we would act any differently than what we are. I mean, go ahead, Commissioner.
>> Commissioner, if you can recall, it was a 3-2 vote. I know I didn't support the preliminary or the [indiscernible] I voted against it. But of course, you know, wherever this thing takes us I think we maybe need to unify as best we can, then go from there. But of course I didn't support it period. You know, so --
>> I do find it interesting that we weren't drug into this from the very beginning. If he had been we would have always been there. But we weren't sued from the beginning like the city of Austin was and like lowe's was which is an interesting legal strategy. But now that this strategy has come forward the only thing that I can do in terms of being prudent and protecting the county's interests and add ministerial duties is to say good golly, if we are going to be thrown into court, we need the luxury of at least a little bit of time to get prepared or deposed or whatever that all of the other parties in this case have had for several months. It's just a matter of good preparation and I want my attorneys to be well prepared if indeed that's where we wind up having to be.
>> I understand. Thank you, judge.
>> as far as I know, there's nothing further today.
>> move adjourn.
>> move adjourn.
>> all in favor? That passes by unanimous vote.
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Last Modified: Friday, October 28, 2005 8:22 AM