Travis County Commissioners Court
December 7, 2004
Executive Session Items
My recommendation would be that we take up the executive session items and come back on 19. That way we won't have the executive session folks waiting on us. Is that okay? And if mr. Smith would get to the executive session with one of our new recorders, in executive session we will discuss number 20, which is to consider and take appropriate action on offer to sell needed right-of-way for the cedar valley/fitzhugh road bridge number 313 replacement project, cip number 01-bo 1-203 ba located in precinct 3. That's posted under the that's the consultation with attorney exception to the open meetings act and the real property exceptions with the open meetings act. We announce the proament of item 21 until next week. 22 is to receive briefing and take appropriate action in paul koen versus margo frasier et al. That's posted under the consultation with attorney under the open meetings act. 23, receive briefing from county regarding settlement negotiations on claim received from keystone construction incorporated for work at northeast metro park and take appropriate action. That's the consultation with attorney exception to the open meetings act. 24, consider and take appropriate action regarding the donation of property and the need to acquire real property for the Travis County international cemetery. The real property exception to the open meetings act. And a-3, receive briefing from county attorney regarding civil docket number 582-04-2700, styled in ray the application of captex incorporated for a beneficial use registration tceq registration number 710855 and take appropriate action on, one, parties consent to withdrawal of cap teks incorporated registration application without prejudice. And two, pay for additional costs incurred in preparation for the hearing on above. That's posted under the consultation with attorney under the open meetings act. We will discuss these matters in executive session, but will return to open court before taking any action. And mr. Davis, if you are watching us, if possible, I guess we could take the corporations up when we come back into court, which will be this morning, and I’m guessing in 15 or 20 minutes.
we have returned from executive session, where we discussed the following
items. We announced 20, but did not discuss it, it will be back on the court's
agenda, two weeks from today, December 21st, 2004. We have a couple of folk
that need to look at that project before we act on it. Item 22 involves the
-- the paul koen claim against margo frasier and others, I move that we renew
the county's offer to settle this matter for $15,000. And that we have the
matter back on the court's agenda, December 21st, 2004 or -- for either withdrawal
of the settlement or any other appropriate action.
>> that's going to be an offer of judgment, still, judge.
>> with an offer of judgment, still. Right.
>> seconded by Commissioner Davis. Discussion? All in favor?
That passes by unanimous vote. Item no. 23 involves the claim of keystone
construction, incorporated, against Travis County for work performed at northeast
metro park.
>> judge, I would move that we authorize the county attorney
to prepare the appropriate final settlement documents and that this would
involve the release of all claims against Travis County. And the amounts involved
are the following: $15,000, which would be paid directly to heritage, 22,000,
$146.28 which would be paid directly to avery and $180,862.32 would be paid
directly to keystone, that all of these would be handled as final change orders
and that any -- that I guess the county judge would be authorized to sign
the systematic documents, is that fine?
>> that's fine.
>> all righty and that checks be expedited upon the appropriate
signing of the -- of all of the releases.
>> second.
>> discussion? All in favor? That passes by unanimous vote.
24 involves the donation of certain property to Travis County for the use
as part of the international cemetery. And another part is the need to acquire
a nearby tract of land.
>> judge, I would move that we accept the donation of .48
acres from american youth works and that we continue the county attorney's
office and t.n.r. Be authorized to continue the due diligence related to the
securing of the donation of 1.421 acres across the street and that would include
t.n.r. Specifically working on plans for that land.
>> second.
>> is that -- does that include the signing of the deed by
the county judge on behalf of the Travis County --
>> absolutely.
>> any discussion? All in favor? That passes by unanimous
vote. A 3 involves the captex incorporated matter that has been pending before
the Texas commission on environmental quality. For quite some time. I move
that we agree to withdrawal of the administrative matter in question. Without
prejudice with the following conditions -- that was with prejudice subject
to the following conditions, right?
>> no. Without prejudice.
>> okay.
>> without prejudice, and subject to the following conditions,
which are similar to abatement on this proceeding: the filing date of any
new application relates back to the original filing, Travis County and all
other parties remain part of the matter. We agree to a contested hearing in
the future, if one becomes necessary. Travis County maintains its ability
to comment on and protest any additional technical concerns raised by any
new application and the record of any future contested hearing include --
includes all filings and orders thus far and Travis County has the right to
bring any additional evidence pertinent to inquiry under health and safety
code section -- chapter 361.089, whether the incident occurred before the
are w drawl or after. -- before the withdrawal or after. Do we need two to
be part of our conditions, also?
>> yes.
>> require withdrawal with prejudice of the sludge permit
application and the composting registration application.
>> second.
>> if those are not enough conditions, we will have a new
set next week.
>> second that. And -- and -- second that motion. Let me
say this to staff, the county attorney's office, this commissions court who
has became a vital party in this trying to get some -- to where we are today
and -- and rest assured that the neighborhood out there, the black land prairie,
all of the neighborhood association, the other parties that's been involved
in this, this is really a great day for -- for Travis County to -- to have
taken this position, opposing captex. Again I want to thank everyone for their
involvement in this process. Thank you, judge.
>> any more discussion? All in favor? That passes by unanimous
vote. I move that we recess the voting session of the Travis County Commissioners
court until 1:30 or 1:45?
>> 1:45?
>> 1:45.
>> 1:45 this afternoon. All in favor? That passes by unanimous
vote.
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Last Modified:
Wednesday, October 26, 2005 2:14 PM