Travis County Commissioners Court
Tuesday, August 16, 2011 (Agenda)
Executive Session
>> so we got the barr mansion people coming at 2:30, right, ms. Graham?
and tom, we need to take up number 12 in executive session first, don't we?
since we had a discussion of it last time?
miss porter, I think we've come to executive session, haven't we?
this court can be efficient when it wants to.
why don't we do that and try to get back out here at -- as soon as possible let's announce number 12, the -- consider and take appropriate action on a request for a variance to state and county septic regulations or other action to allow a new commercial facility to connect to an existing system at 10463 sprinkle road in precinct 1.
and that will be under the consultation with attorney to the open meetings act.
and posted for executive session are number 33, receive briefing from county attorney and take appropriate action regarding peggy man onversus county of travis, cause number d 1-gn-09-003527 in the 353 judicial district of Travis County, Texas.
consultation with attorney.
34, consider and take appropriate action on potential acquisition of open space land in precinct three.
consultation with attorney and real property exceptions.
35, consider and take appropriate action on potential acquisition of open space land in precinct 1.
consultation with attorney and real estate exceptions.
36, consider and take appropriate action regarding the relocation of Travis County its data center gault facility to cyrusone location.
let's see if we can talk them into putting a hyphen between those two words, ms. Grimes.
that would be the security exception.
and -- nope, not and yet.
37, consider and take appropriate action regarding letter of resignation from rodney rhodes, county executive of planning and budget and issues related there to, including interim measures to manage the transition.
personnel exception to the open meetings act.
and a-1, receive briefing from county attorney and take appropriate action on synagro's proposal to withdraw its tceq permit application in matter of the application of synagro of Texas-cdr, inc.
for a Texas pollutant discharge elimination system permit, which is currently scheduled for contested case hearing before the state office of administrative hearings.
and a-1 will be under the consultation with attorney exception also.
we'll discuss these items in executive session, but will return to open court before taking any action.
>> > we have returned from executive session where we discussed most of the items we announced but not all of them.
why don't we take a couple of quick motions so staff can go and then we'll call up the broaddus report which we had intended to take up about 2:30.
33 is the matter involving the peggy manion lawsuit against Travis County.
I move we authorize the county attorney to file a interlocutory appeal on behalf of Travis County.
seconded by Commissioner Gomez.
discussion?
all in favor?
that passes by unanimous vote.
36, the matter involving the relocation of Travis County's i.t.s.
data center to cyrus one location, move we approve the proposed agreement and I goods we'll see a hard copy of that as soon as possible.
>> second.
>> seconded by Commissioner Davis.
discussion?
all in favor?
that passes by unanimous vote.
the -- on the mcaffee matter, number 12, we did discuss that with staff and decided a member of this court, Commissioner Eckhardt and turn staff, should meet with miss mcaffee and discuss a proposal with her her.
this matter will be back on the court's agenda next Tuesday.
it's a compromise proposal supported by at least a majority of the court if not unanimously.
but we think it will be a win, win, win, as many times as you want to say that for all involved.
>> just so I'm clear, the bones of the proposal is a meter flow cap, timed duration that is predicated on this being a specific business that has suffered a catastrophic loss.
>> basically, and if miss shoefel -- is she here?
another person from t.n.r.
that does the septic system regulations.
they probably ought to hear that and kind of make sure that it's what we talked about.
with that, let's take up item number 12 -- no, item 22.
that was 12.
and we will see if we can get a report back on number 12, we'll know whether to discuss it further today or just next Tuesday.
And we have a couple more executive session items. Miss porter is getting tired.
>> I have to pick up a kid at 5:00.
so I'm going to peel out here in a moment.
>> and miss kim -- kim or kimberly?
>> either way works.
(indiscernible).
>> mr. Nellis is here.
do we want to try to hold off until next week?
Commissioner Gomez and I did meet with mr. Nellis on item 37 as promised by the court.
after that meeting I got a human resources department to go ahead and do a paf that I said the court would approve.
it set mr. Nellis' salary and mr. Rhodes salary while he serves as interim director.
we discussed some other issues, but probably we could wait, I guess.
Commissioner Gomez and I have a meeting with miss blankenship Thursday of this week is what my staff was trying to set up.
so we can give a full report on 37 next week.
I do move that we go ahead and execute the document necessary to set that salary.
we really approved it in open session last week after executive session, but I asked them to prepare the paperwork that ought to be ready.
so we approved that and authorize the county judge to sign on behalf of the Commissioners' court as he norlly does in matters like this.
seconded by Commissioner Gomez.
discussion?
all in favor?
that passes by unanimous vote.
I had hoped to kind dof a written summary anyway.
that will give me a chance to do that.
and unless we can -- I guess if tnr is next door on items 34 and 35, if they can wait one week, looks like our inclination is to do just that.
is that all right?
okay.
why don't we do that then.
and I think, miss porter disrks that cover us for today?
does that cover us for today?
>>
>> [inaudible - no mic].
>> oh, yeah.
a-1.
I'm sorry.
we did discuss a-1 while in executive session before.
Commissioner Gomez?
>> well, I guess we need to accept their invitation?
no?
>> I think where we are is that we wanted to not accept it and empower the county attorney to do a --
>> looks like our decision would be if we do what I think we're inclined to go toward, we do not accept the offer to dismiss without prejudice.
>> wow, okay.
>> we would want dismissal with prejudice and that means that it's kind of like a punishment, they would not be able to refile the same application.
>> got it.
>> legally.
>> and we want to empower the county attorney's office if they so choose to do a written opposition to their dismissal without prejudice.
>> they would do that anyway, right?
do we need a motion covering that?
>> I would go ahead and include it.
>> I'm just -- my motion is to basically reject the other side's offer to dismiss without prejudice, insist that the dismissal be with prejudice.
and that if they file with the tceq, then the county attorney's office be authorized to file an appropriate response for Travis County to carry out that intention, carry out the motion.
okay?
>> okay.
>> and that was seconded by Commissioner Gomez.
discussion?
Commissioner Davis?
>> no.
this is on another item.
go ahead.
>> all in favor?
that passes by unanimous vote.
mr. Gieselman is here on --
>> 35.
I think it would be pretty brief.
>> I won't be here next week.
and I was hoping I could be able to squeeze in today.
but if that's not possible then it will have to be bumped a couple of weeks.
>> okay.
sorry.
>> is it something that if we -- you think we would act on today?
>> least on a portion of it, yeah.
and it could be pretty brief.
I think probably five minutes I'll do it.
>> are you still retiring or are you back an active employee?
>> I am retired.
>> [ laughter ]
>> then miss porter --
>> I think he stressed the tired.
>>
>> why don't we announce 35 and get it done.
35 is to consider and take appropriate action regarding the on potential acquisition of open space land in precinct 1.
and you have to run?
>> I can pick up my girl and come back down.
I know how important this issue is.
>> we will not be here in 20 minutes f it takes the resignation of our county judge to get us out of here, that's coming.
>> [ laughter ] so take your time, do your motherly duty.
we understand.
>> we've returned from executive session.
we only discussed one item.
this time it's number 35, the matter involving potential acquisition of open space in precinct 1.
and in my view no action today.
with that, that does it for us.
>> move adjourn.
>> second.
>> all in favor?
that passes by unanimous vote.
with Commissioner Eckhardt temporarily off the dais.
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