Travis County Commissioners Court
Tuesday, October 25, 2011 (Agenda)
Executive Session
>> is david escamilla nearby?
looks like we have about 15 minutes to use before calling up item 30.
>> a representative is here.
>> at 11:15 or later.
can't do it earlier, unfortunately.
so we will convene in executive session to discuss -- if we could just get about 15 minutes worth of discussion.
what time was that david was on?
-- what time was that david was on?
>> 17 -- 7.
>> 7.
>> 7 is consider and take appropriate action on the proposed Travis County equal opportunity plan and we need to get legal advice from our lawyers so under the consultation exception to the open meetings act we'll convene in executive session to discuss that time.
and assuming david will be as brief as he normally is on the two lawsuits, 30 and 39, is that -- what lawyer is that?
>> I don't know, but I can find out.
>> 28 is consider and take 38 and 39.i have told other inds we would call up this afternoon and I guess we must do so.
>>
>> [indiscernible] number 31.
>> 31 we got somebody coming from houston.
we told them we would do that this afternoon.
so we've announced, what, 7, 28 and 29.
>> > we've returned from executive session.
we did not discuss item 7.
we'll take that back this afternoon.
Miss porter, we're just moving right on through this agenda, aren't we?
and we have come back to executive session.
>> still have 17
>> [inaudible].
>> anything on 17?
>>
>> [inaudible].
>> hopefully they will let us know something by the time we come out of executive session.
if they won't let us know something by them, we'll let them know something.
so we started our executive session discussion by announcing item number 7 which we didn't get to.
7 is the matter involving the Travis County equal employment opportunity plan and that we were told there are some legal issues that we need to discuss with legal counsel so we're taking 7 into executive session under the consultation with attorney exceptions to the open meetings act.
37, consider and take appropriate action on request for financial incentives for project saturn.
economic development negotiations exception to the open meetings act.
number 40 we have already announced we would have next week because our outside legal counsel will be available then.
41 is to consider and take appropriate action regarding the termination of county water outlet in southeast Travis County.
consultation attorney exception to the open meetings act.
that's basically three -- three items, isn't it?
one, two, three and we'll take motions on all of them when we come back to open court.
>> > we have returned from executive session where we discussed the items that we announced.
we to come in item 7, the matter involving the Travis County equal opportunity plan, and I think where we're headed is to move adoption of the proposal before us but indicate our intersection to bring the matter about in -- intention to bring the matter back in about a month to address some outstanding legal issues.
that's the motion.
is that where we are headed?
>> I thought we were going to have the county attorney's office review it first and come back in a month and then we'll adopt it.
>> not to approve it today?
>> no.
>> withdraw the motion.
is there a motion?
>> I move that we, I guess, send the proposed eeoc plan to the county attorney's office and come back in a month with adoption.
>> I thought we were going to adopt an interim, spend the month coming up if a final.
>> no, because there were several things that had to be addressed first to make sure that we cover everything.
>> I guess my view would be we ought to go ahead and adopt what we have before us because we've been talking about it for so long.
if we take another month to perfect it.
shift grants that we pursue the proposal would clearly meet.
others would not because of different other regulations.
and so we should take a month or whatever time is necessary, less if possible, to deal with some of the other issues.
but it seems to me that what we have before us is -- imperfect as it may be, we ought to go ahead and approve it.
>> and I would say that whichever alternative would be fine from a legal perspective.
we feel it would be helpful if we took a look at it and the court was thinking in terms of there being changes to it as appropriate once you've had a good look.
>> it would give a chance to sit down with hrmd between now and the bring-back date to work through whatever issues there are.
>> but to still get an interim in place immediately that improves upon what we have.
>> that's what I would say.
the thinking it went to some of the lawyers, but that was an interim director of hrmd who is no longer with us.
so in fact that consultation did take place -- it didn't?
>> no, sir.
it is my impression that no one had looked at it from our office.
prior to this week.
>> let's get my motion on whether it's voted up or down.
I think we ought to approve what's before us today and indicate our intention to revisit to perfect as soon as possible.
>> second.
>> seconded by Commissioner Huber.
>> whichever direction you want to go is fine.
barbara reiterates whatever discussion is fine with her.
as a good lawyer should.
discussion on the motion?
>> we cannot assess at this point whether or not that is a good policy or not.
>> absolutely.
>> because we have not reviewed it.
>> right.
you know, maybe this will goad us into making sure we revisit this item as soon as possible but no later than four or five weeks.
is that okay?
any more discussion?
I mean I hate to be without it.
if we don't to action today, I think we ought to try to get it back next week.
all in favor?
that passes by unanimous vote.
thank you, miss hess.
and hrmd.
unfortunately 17 may be last but it's a short list, mr. Mansur.
we talked about 37 and there are some things we asked staff to do.
hopefully staff can get those done before now and next Tuesday and we'll have it back on the agenda and if it's not ready next Tuesday we'll take it the week after that but next Tuesday will be our next opportunity.
and miss porter, that is November 1?
>> yes.
>> 38 is the matter involving hall versus styles lawsuit.
that matter is set for trial sometime soon.
we talked about having it on the agenda next week just in case there is something for the court to act on and the matter is set for trial and so hopefully there will be some sort of settlement effort.
39, the matter involving mediation in nathan green, mr. Mamsur has done such an outstanding job on mediation issues I move we ask him to represent Travis County on a mediation conference in this matter.
>> second.
>> and mr. Mansur, I don't know what we'll do if you try to turn this down.
>>
>> [inaudible].
>> discussion on the motion?
all in favor?
that passes by unanimous vote.
we postponed 40 this morning because of shortage of time and inability of our consultant to stay with us.
41, the county water outlet in southeast Travis County, and we have residents who have come down on this item.
in my view in two weeks we will visit the issue of los lomitas and what the county might want to do, but we did touch base with the Texas commission on environmental quality and we learned that there are several immediate actions that we must take.
my motion is that we immediately indicate that the water available at the outlet in southeast Travis County is nonpotable.
nonpotable, which means not for human consumption.
that we fence and otherwise provide security for the outlet as directed or instructed or advised by the Texas commission on environmental quality.
3, that we immediately secure a person to staff that outlet.
and by immediately, we mean if not tomorrow then the next day, and that we have this matter back on the court's agenda next Tuesday as well as a more comprehensive issue involving a prominent water looks for los lamitas and other issues.
one issue is what do we do for the commercial consumers.
the other thing is I do think we'll have to revisit the rate that we charge next week also.
but this motion covers a notice that it's not for human consumption or nonpotable, through a security fence and otherwise security; 3:00, a 3, aperson to staff this water outlet immediately.
>> and we anticipate that the person staffing it will be bilingual so they will be able to describe to the residents that it's nonpotable.
>> any signs in english and spanish too.
yes, sir, come forth.
full name again, mr. Lofton.
>> darrell lofton.
I mean everything out there is fine and great.
that's a solution for now.
one problem is you may not realize a lot of people can't haul water between 8:00 and 5:00 Monday to Friday.
it needs more access.
you know, Saturday and Sunday is the main days because everybody works during the week and sometimes in the evenings, you know, people can't get off work.
if you don't get off work until 3:00, by the time you get home, get a tank, it's 5:00, 6:00 before you can do it.
it's great what y'all are doing, I mean this will work for a lot of people for a little while, but the time is of the utmost importance.
Saturday and Sunday it needs to be pretty -- I mean because people start getting water as early as they can on Saturdays and it's pretty much a line there all day Saturday, all day Sunday and in the evening times.
you know she most of us people that like work for ourselves, we got farms, ranches, we basically, we're the ones there during the week, during the working time.
a lot of these people got to go to work.
they work jobs that they can't do it Monday to Friday 8:00 till 5:00.
because once before they had put a time restraint on it, they opened it up like 7:00 to 3:00 and they turned the pump off at 3:00.
it did no good because people just couldn't get there.
>> and can we keep having the conversation about that because right now we just need to get it staffed immediately and we don't have the capacity to do times other than regular business hours.
but I hear what you are saying and we can keep having conversation about it because that came up, frankly.
>> yeah, I mean it's great that it will be open, I mean at least you know, for a time being, maybe they will spill some of the water from the formula one our way.
but until that time comes, you know, Saturday and Sunday is crucial.
and after 5:00 -- after 3:00.
7:00 to 3:00 regular county working time does no good.
we've got jobs.
we come to town and fix y'all's houses and cut y'all's yards and do that.
by the time we get back home, I mean we can't get there.
you know.
>> uh-huh.
>> and like I say, it all boils down to finance.
most people can't just afford to take off without pay.
that's where it all ends up at.
>> yeah, and this is just for now.
this is going to be a rolling --
>> we did discuss that issue.
to be honest, we were unable to address it today.
this issue is back on next Tuesday to start chipping away on it.
what we are acting on immediately is information that we received from the Texas commission on environmental quality.
>> yes.
>> so it's not like we have a whole lot of choice except terminate service at that outlet.
so this is our way of really continuing what we have been doing, but the issue of potable versus nonpotable is a real big deal.
>> yes, I mean we're mostly aware of that because mostly we haul water -- we'll buy water to live and drink.
we live in stage 4 drought restrictions.
everybody is worried about the lakes going dry, we're okay, our lake has been dry, we live in stage 4.
we don't water grass, we don't have swimming pools, we don't wash our cars.
tons of stuff y'all do we don't do because we live in stage 4.
bathe four times a week, this is how we live.
this is life with us.
you know, stage 4, stage 5, whatever you want to call it, that's -- this is life.
and this is what we do.
we're just asking for, you know, don't forget about us because formula one is coming just right up the road.
motels, I bet every one of them got all the water they can use and we're looking at it, you know.
biggest water tank in Travis County is sitting on a volcano outside my back door and I'm looking at it and all my neighbors are looking at it.
ain't no water on my street, none.
>> point well taken.
it will be back on next week.
anybody else on this item?
please come forth.
>> hello everyone.
good afternoon, Commissioners.
I'm returning to keep the same position and I really appreciate what happened behind closed doors and that there's going to be a solution that -- there's going to be a temporary solution.
I am asking that you please keep the water accessible until an alternative is put into place.
darrell lofton and other speakers last meeting provided an accurate and eye-opening account of the situation.
country folk actually talk to each other because we need each other.
so when one knows, everybody else knows and that's just kind of how we live.
what I'm asking, because I know budgets are tight, there are smart people everywhere.
this is Austin, Texas.
we have a lot of college educated people.
if there's not any money in the budget, is there somehow a way that in conjunction or as a side pocket of you guys that we could come up with a task force of community volunteers that would try to help you guys solve the solution in the wake that there's no money because a lot of people really care about this I believe and I believe would spend some time and energy on the side trying to make sure that people have that basic need of water.
and if there's anything that we could do because I happen to know a lot of people with a lot going on in their head and concerns.
if you guys are stressed, maybe we can find people to help solve the solution on the outside so it's not purely to backs of the staff here and just in a situation where it might not be able to get solved because there's not enough man power.
>> that's a wonderful suggestion and a generous one.
and just give us the opportunity to help solve this problem.
as the last thing, it's interesting that the e.t.j.
begins at onion creek and the e.t.j.
begins south of onion creek and those towards lockhart.
183 is on this side.
mckinney falls parkway is on this side.
the city of Austin has come in and annexed up to onion creek, had the pilot knob neighborhood gone back to good night ranch and we stair at this volcano every day and trucks are going in and out, in and out, because they are bringing in -- they are redoing the infrastructure of this tank and also putting in new water lines to provide water to the new tax base.
and I understand that we are in a dual infrastructure, I mean a dual jurisdiction where we're in the e.t.j., we're under Travis County and we're in, like, the city of Austin.
so is there any way that somehow this -- these two bodies could potentially talk?
because like the other group, the los lomitas, they were -- everybody there is willing to drop lines out to the road or do whatever is necessary to get -- I mean everybody has a tractor out here.
and so darrell helps other people build fences, we help the callaghans build fences.
when somebody's cows get out, we all pull together and we help each other.
and I just think that if the two bodies potentially talk and there's this weird pocket of people that are right next to this pipe, if pipes could be dropped like a main line, if we could catch on and create our own arteries but under permit, under the proper guidelines, could we be a part of this new life or the water source that's coming out there if there's -- I would like that to be a possibility if the two bodies could maybe talk about how even though we're not being annexed, that we could be part of the water life line.
thank you.
>> thank you.
>> thank you.
anybody else on this item?
>> good afternoon.
>> good afternoon.
>> good afternoon.
>> [indiscernible] speaking.
judge Biscoe and Commissioners, I want to thank you for giving this serious consideration.
we have heard the solution, the temporary solution that you've come up with.
again, I want to thank you for giving this your all.
because the constituents of precinct 4, they are in need of water.
now, there are those that cannot or will not come to appear before you.
so I speak for those people.
thank you.
>> thank you.
>> thank you, miss archer.
anybody else?
any more discussion on the motion?
all in favor?
that passes by unanimous vote.
next week we'll have this item back on as well as a broader issue.
okay?
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