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MINUTES OF THE WILLIAMSON COUNTY COMMISSIONERS' COURT MEETING
NOVEMBER 20, 2012 

 
STATE OF TEXAS )(
COUNTY OF WILLIAMSON )(

BE IT REMEMBERED that at 9:36 A.M. on TUESDAY, NOVEMBER 20, 2012, a REGULAR SESSION of the Commissioners' Court of Williamson County, Texas, was held with the following being present, to-wit:
 
Present:
Dan A. Gattis, County Judge  
 
Lisa Birkman, Commissioner Precinct 1  
 
Cynthia Long, Commissioner Precinct 2  
 
Valerie Covey, Commissioner Precinct 3  
 
Ron Morrison, Commissioner Precinct 4  
 
Nancy E. Rister, County Clerk  
Others Present:
Hal Hawes, Legal Advisor to Commissioners' Court
Carolyn Deibler, Deputy County Clerk
             
1. Review and approval of minutes.
  Motion By: Commissioner Precinct 3 Valerie Covey 
  Second By: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve the Minutes of the November 13, 2012 Regular Session and the November 19, 2012 Special Session of the Commissioners' Court meetings.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  11.13.2012 CC Minutes
  11.19.2012 CC SS Minutes
 
             
2.
Consider noting in minutes any off right-of-way work on any County road done by Road & Bridge Division.
  No action was taken on this item.
             
3.
Hear County Auditor concerning invoices, bills, Quick Check Report, Wire Transfers and Electronic Payments submitted for payment and take appropriate action including, but not limited to approval for payment provided said items are found by the County Auditor to be legal obligations of the county.
  Accounts Payable/Payroll Manager Donna Baker addressed the Court.
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the payment of bills totaling $1,555,549.62 from the computer printout, Addendum, Wire Transfer, and Quick Check Report from the proper line items, if found by the County Auditor to be legal expenses as appropriated in the County Budget.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  11.20.2012 Funding Report
 
             
4.
Citizen comments.
  Jim Dillon of Liberty Hill addressed the Court.
             
CONSENT AGENDA
The Consent Agenda includes routine items that the Court may act on with one single vote. The Judge or a Commissioner may pull any item from the Consent Agenda in order that the Court discuss and act upon it individually as part of the Regular Agenda. ( Items 5 - 11 )
             
5. To discuss and consider approving line item transfer for County Sheriff.
  Motion By: Commissioner Precinct 2 Cynthia Long 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To approve a line item transfer for the County Sheriff:
From 0100-0560-004511 Firing range maintenance and repairs $384.50
To 0100-0560-005302 Firing range improvements $384.50
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
             
6. Discuss and consider approving a line item transfer for JP 4.
  Motion By: Commissioner Precinct 2 Cynthia Long 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To approve a line item transfer for the Justice of the Peace, Precinct #4:
From 0100-0454-001100 Salaries $1,125.60
To 0100-0454-001107 Temp Labor $1,125.60
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
             
7. Discuss and consider approving a line item transfer for the 425th District Court
  Motion By: Commissioner Precinct 2 Cynthia Long 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To approve a line item transfer for the 425th District Court:
From 0100-0441-001102 425th DC/ PT < 20HR $5,510.41
To 0100-0441-001107 425th DC/PT Temp Seasonal $5,505.37
To 0100-0441-001110 425th DC/OT $5.04
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
             
8. Acknowledge report on Emergency Services Operations Center building project P136; Vaughn Construction Change Order 22 in the amount of $4,049.00.
  Motion By: Commissioner Precinct 2 Cynthia Long 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To acknowledge the report on Emergency Services Operations Center building project P136; Vaughn Construction Change Order 22, in the amount of $4,049.00.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  P136 ESOC Vaughn Change Order 22
 
             
9. Consider authorizing the transfer of various equipment items through inter-office transfer, auction, donation, destruction, or trade-in.
  Motion By: Commissioner Precinct 2 Cynthia Long 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the transfer of various equipment items through inter-office transfer, auction, donation, destruction, or trade-in.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Asset Change Form
 
             
10. Consider confirmation of Mario Cmet as Pct. 3 Deputy Constable.
  Motion By: Commissioner Precinct 2 Cynthia Long 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To confirm Mario Cmet as a Precinct #3 Deputy Constable.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  desk
 
             
11. Discuss and consider approval of final plat for Gabriel's Ridge Ph 4 - Pct 3
  Motion By: Commissioner Precinct 2 Cynthia Long 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To approve the final plat for Gabriel's Ridge Phase 4 in Precinct #3.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Final Plat - Gabriel's Ridge Phase 4
 
             
REGULAR AGENDA
             
12. Discuss and take appropriate action on holding court on December 25th, 2012 and January 1st, 2013.
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To cancel Commissioners' Court on December 25, 2012 and January 1, 2013.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
             
13. To discuss and take appropriate action on the Department of Infrastructure,s projects and issues update.
  Senior Director of Infrastructure Bob Daigh and Mike Weaver of Prime Strategies addressed the Court.
  Motion By: Commissioner Precinct 2 Cynthia Long 
  Second By: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve page 16 & 17 in terms of where commitments need to be from the presentation, with the correction that Farm-to-Market 1431 is $1,150,000, for a total of $35,070,595 for all the projects.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
             
14. Consider authorizing County Judge to execute a Real Estate Contract with Mark Shelton for ROW needed on SH 195 (PARCEL 58).
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the County Judge to execute a Real Estate Contract with Mark Shelton for Right-of-Way (ROW) needed on State Highway 195; (Parcel 58).
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Shelton Real Estate Contract for SH 195 ROW
 
             
15. Consider authorizing County Judge to execute a Real Estate Contract with Charles E. and Cheryl Shell for ROW needed on SH 195. (PARCEL 220A)
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the County Judge to execute a Real Estate Contract with Charles E. and Cheryl Shell for Right-of-Way (ROW) needed on State Highway 195; (Parcel 220A).
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Shell Real Estate Contract for SH 195 ROW
 
             
16. Consider authorizing County Judge to execute a Real Estate Contract with Cobb Springs Ranch, LTD. for ROW needed on SH 195. (PARCEL 220C)
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the County Judge to execute a Real Estate Contract with Cobb Springs Ranch, LTD. for Right-of-Way (ROW) needed on State Highway 195; (Parcel 220C).
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Cobb Springs Ranch Real Estate Contract for SH 195 ROW
 
             
17. Consider authorizing County Judge to execute a Possession & Use Agreement with Sovran Acquisition Limited Partnership for ROW needed on CR 170. (PARCEL 18)
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the County Judge to execute a Possession & Use Agreement with Sovran Acquisition Limited Partnership for Right-of-Way (ROW) needed on County Road 170; (PARCEL 18).
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Sovran Acquisition LP Possession and Use Agreement
 
             
18. Authorize County Judge to execute an Advance Funding Agreement with MDSR GP, Inc. regarding the modification of a traffic signal at the intersection of RM 1431 and Sendero Springs.
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the County Judge to execute an Advance Funding Agreement with MDSR GP, Incorporated regarding the modification of a traffic signal at the intersection of Ranch-to-Market 1431 and Sendero Springs.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Advanced Funding Agreement for FM 1431 Traffic Signal
 
             
19. Authorize County Judge to execute Agreement with TxDOT regarding Contribution of  Right of Way Funds for FM 487 from IH 35 to the Bell County line.
  This item was pulled from the Agenda.
  Attachments:
  FM 487 TxDot Agreement
 
             
20. Authorize County Judge to execute a Resolution for the Agreement to Contribute Funds with TxDOT  for FM 487 from IH 35 to the Bell County line.
  This item was pulled from the Agenda.
  Attachments:
  TxDot Resolution for FM 487
 
             
21. Authorize the County Judge to execute a First Amended Interlocal Agreement between Williamson County and City of Cedar Park regarding the re-allocation of surplus funds.
  Attorney Charles Crossfield of Sheets and Crossfield, City of Cedar Park Director of Engineering Darwin Marchell, and City of Cedar Park Economic Development Specialist Larry Holt addressed the Court.
  Motion By: Commissioner Precinct 2 Cynthia Long 
  Second By: Commissioner Precinct 1 Lisa Birkman 
Motion: To authorize the County Judge to execute a First Amended Interlocal Agreement between Williamson County and the City of Cedar Park regarding the re-allocation of surplus funds.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Cedar Park Amended Agreement for FM 1431
  Map
 
             
22. Authorize County Judge to execute an Economic Development Program Agreement with Round Rock RE Holdings, LLC.
  Vice President of Economic Development for the Round Rock Chamber of Commerce Ben White addressed the Court.
  Motion By: Commissioner Precinct 4 Ron Morrison 
  Second By: Commissioner Precinct 2 Cynthia Long 
Motion: To authorize the County Judge to execute an Economic Development Program Agreement with Round Rock RE Holdings, LLC.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Round Rock RE Holdings Economic Development Agreement
 
             
23. Consider approving Change Order No. 9 in the amount of $10,007.50 for Hero Way, a Road Bond Project in Precinct Two.
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To approve Change Order No. 9 in the amount of $10,007.50 for Hero Way, a Road Bond Project in Precinct #2.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Change Order 9 for Hero Way
 
             
24. Consider approving Change Order No. 5 in the amount of $10,274.00 for SH 29 Two-Way Left Turn Lane, a Road Bond Project in Precinct Two.
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To approve Change Order No. 5 in the amount of $10,274.00 for State Highway 29 Two-Way Left Turn Lane, a Road Bond Project in Precinct #2.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Change Order 5 for SH 29 Two-Way Left Turn Lane
 
             
25. Hear the 2012 Construction Summary Report for Road Bond and Pass Through Financing Projects.
  No action was taken on this item.
  Attachments:
  Nov 2012 CSR
 
             
26. Discuss and consider entering into an Interlocal Agreement between Williamson County and the City of Round Rock regarding funding for improvements to RM 620.
  Transportation Director for the City of Round Rock Gary Hudder addressed the Court.
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 2 Cynthia Long 
Motion: To approve entering into an Interlocal Agreement between Williamson County and the City of Round Rock regarding funding for improvements to Ranch-to-Market 620.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Round Rock RM 620 Improvements Agreement
 
             
27. Discuss and take appropriate action regarding a resolution approving a financing by the Newark Cultural Education Facilities Finance Corporation for the benefit of Goodwill Industries of Central Texas and Goodwill Temporary Services, Inc.
  First Assistant County Auditor Julie Kiley addressed the Court.
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 3 Valerie Covey 
Motion: To approve a resolution approving financing by the Newark Cultural Education Facilities Finance Corporation for the benefit of Goodwill Industries of Central Texas and Goodwill Temporary Services, Incorporated.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
Nay: Commissioner Precinct 2 Cynthia Long
  Attachments:
  Certificate for Resolution
  Goodwill Resolution
 
             
28. DISCUSSION/CONSIDERATION/APPROVAL regarding submission of the Senate Bill 18 compliance response by Williamson County, including authorization for the County Judge to sign the response and direct its timely transmittal to the Texas Comptroller as required by statute.
  Motion By: Commissioner Precinct 1 Lisa Birkman 
  Second By: Commissioner Precinct 4 Ron Morrison 
Motion: To approve the submission of the Senate Bill 18 compliance response by Williamson County, including authorization for the County Judge to sign the response and direct its timely transmittal to the Texas Comptroller as required by statute.
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Senate Bill 18 Compliance Response
 
             
29. Discuss and take appropriate action on Medicaid 1115 Waiver, including but not limited to Uncompensated Care (UC) and Delivery System Reform Incentive Payment (DSRIP) projects and related agreements.
  No action was taken on this item.
             
COMMISSIONERS' COURT RECESSED TO A ROAD DISTRICT MEETING AT 10:21 A.M. ON TUESDAY, NOVEMBER 20, 2012.
             
COMMISSIONERS' COURT RECONVENED FROM THE ROAD DISTRICT MEETING AT 10:22 A.M. ON TUESDAY, NOVEMBER 20, 2012.
             
COMMISSIONERS' COURT RECESSED TO EXECUTIVE SESSION AT 10:23 A.M. ON TUESDAY, NOVEMBER 20, 2012.
             
30. Discuss and deliberate economic development matters pursuant to Section 551.087, Texas Government Code (Deliberation Regarding Economic Development Negotiations), including the following:
a) acute care hospital in City of Round Rock with Round Rock RE Holdings, LLC.
  No action was taken in Executive Session.
             
31. Discuss real estate matters (EXECUTIVE SESSION as per VTCA Govt. Code sec. 551.072 Deliberation Regarding Real Estate Property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with third person.)
1. Proposed or potential purchase or lease of property by the County:
a) Discuss proposed acquisition of property for right-of-way for SH 195 0.805 South of Bell County Line to IH 35.
b) Discuss proposed acquisition of property for right-of-way for US 183 Extension from 1,000 feet South of San Gabriel to 1,000 feet North of SH 29.
c) Discuss proposed acquisition of property for right-of-way for O'Connor Boulevard and 620 projects.
d) Discuss proposed acquisition of property for right-of-way for Ronald Reagan Blvd. Phase II project from FM 3405 to Reagan Blvd.
e) Discuss proposed acquisition of property for right-of-way for Ronald Reagan Blvd. Phase III and Phase IV.
f) Discuss proposed acquisition of property for proposed SH 29 project.
g) Discuss proposed acquisition of property for right-of-way along Lakeline extension.
h) Discuss proposed acquisition of property for right-of-way along CR 170.
i) Discuss proposed acquisition and/or sale of property for Arterial H.
j) Discuss proposed acquisition of property for right-of-way for the Pond Springs Rd. project.
k) Discuss proposed acquisition of property for right-of-way for future parkland in Precinct 2. 
l) Discuss proposed acquisition of property for right-of-way for Neenah Dr.
m) Discuss proposed acquisition of property for right-of-way for Pearson Blvd.
n) Discuss proposed acquisition of property for right-of-way for FM 1460.
o) Discuss County owned real estate adjacent to and near Inner Loop, Georgetown, Texas.
p) Discuss a proposed modifications at RM 1431 and Sendero Springs.
q) Discuss a proposed Amended ILA with City of Cedar Park.
  No action was taken in Executive Session.
             
32. Discuss pending or contemplated litigation, settlement matters and other confidential attorney-client legal matters (EXECUTIVE SESSION as per VTCA Govt. Code sec. 551.071 consultation with attorney.), including the following:
a) Litigation or claims or potential litigation or claims against the County or by the County.
b) Status Update-Pending Cases or Claims;
c) Cause No. 06-453-C277; Kerry Heckman et al. v. Williamson County, et al., In the District Court of Williamson County, Texas, 277th Judicial District
d) Civil Action No. 1:10-CV-869-LY; Heather Clark, David Claxton & David M. Compton v. Williamson County; In the United States District Court for the Western District of Texas, Austin Division
e) Case No. A11CA403 SS; Ruben Yzquierdo v. Williamson County and the Williamson County Sheriff’s Department; In the United States District Court, Western District of Texas, Austin Division
f) Case No. A11CA 300LY; Michelle Sheffield v. John Doe I, Individually and in his Official Capacity, Williamson County and the Williamson County Sheriff’s Department; In the United States District Court, Western District of Texas, Austin Division;
g) Civil Action No. 11-278; Will Aguilar v. Williamson County, Texas; Daniel Robertson, and Michael Baxter; In the United States District Court, Western District of Texas, Austin Division
h) Employment related matters.
i) Other confidential attorney-client matters, including contracts and certain matters related to county defense issues in which the duty of the attorney to the governmental body within the attorney/client relationship clearly conflicts with Chapter 551 of the Texas Government Code.
j) Civil Action No. 1:11-cv-907, Sarah Doe et al. v. Jerald Neveleff et al., In the United States District Court for the Western District of Texas Austin Division
k) Mortgage Electronic Recording Systems (MERS) litigation.
l) Legal matters regarding the Williamson County Justice Center Parking Garage
m) Civil Action No. A12CV0062LY; Kevin Jones v. Williamson County Sheriff’s Office; In the United States District Court for the Western District of Texas, Austin Division.
n) Civil Action No. 1:12-CV-190-LY; Steven Hester v. Williamson County; In the United States District Court for the Western District of Texas, Austin Division.
o) Cause No. 12-0721-C277; W. Paul Reed et al. v. Williamson County et al.; In the District Court of Williamson County, Texas; 277th District Court
p) Civil Action No. A12CV00543; Kevin Jones v. Williamson County and Williamson County Sheriff’s Office; In the United States District Court for the Western District of Texas, Austin Division.
q) Hot-Mix overlay contract and performance issues
r) Complaints regarding the November 6, 2012 elections.
  No action was taken in Executive Session.
             
COMMISSIONERS’ COURT RECONVENED FROM EXECUTIVE SESSION AT 12:32 P.M. ON TUESDAY, NOVEMBER 20, 2012.
             
33. Discuss and take appropriate action regarding economic development matters.
 

No action was taken on this item.

             
34. Discuss and take appropriate action on real estate.
 

No action was taken on this item.

             
35. Discuss Agreement to Contribute Funds with TXDOT for FM 487 and resolution for same.
 

No action was taken on this item.

             
36. Discuss and take appropriate action on pending or contemplated litigation, settlement matters and other confidential attorney-client legal matters, including the following:
a) Litigation or claims or potential litigation or claims against the County or by the County.
b) Status Update-Pending Cases or Claims;
c) Cause No. 06-453-C277; Kerry Heckman et al. v. Williamson County, et al., In the District Court of Williamson County, Texas, 277th Judicial District
d) Civil Action No. 1:10-CV-869-LY; Heather Clark, David Claxton & David M. Compton v. Williamson County; In the United States District Court for the Western District of Texas, Austin Division
e) Case No. A11CA403 SS; Ruben Yzquierdo v. Williamson County and the Williamson County Sheriff’s Department; In the United States District Court, Western District of Texas, Austin Division
f) Case No. A11CA 300LY; Michelle Sheffield v. John Doe I, Individually and in his Official Capacity, Williamson County and the Williamson County Sheriff’s Department; In the United States District Court, Western District of Texas, Austin Division;
g) Civil Action No. 11-278; Will Aguilar v. Williamson County, Texas; Daniel Robertson, and Michael Baxter; In the United States District Court, Western District of Texas, Austin Division
h) Employment related matters.
i) Other confidential attorney-client matters, including contracts and certain matters related to county defense issues in which the duty of the attorney to the governmental body within the attorney/client relationship clearly conflicts with Chapter 551 of the Texas Government Code.
j) Civil Action No. 1:11-cv-907, Sarah Doe et al. v. Jerald Neveleff et al., In the United States District Court for the Western District of Texas Austin Division
k) Mortgage Electronic Recording Systems (MERS) litigation.
l) Legal matters regarding the Williamson County Justice Center Parking Garage
m) Civil Action No. A12CV0062LY; Kevin Jones v. Williamson County Sheriff’s Office; In the United States District Court for the Western District of Texas, Austin Division.
n) Civil Action No. 1:12-CV-190-LY; Steven Hester v. Williamson County; In the United States District Court for the Western District of Texas, Austin Division.
o) Cause No. 12-0721-C277; W. Paul Reed et al. v. Williamson County et al.; In the District Court of Williamson County, Texas; 277th District Court
p) Civil Action No. A12CV00543; Kevin Jones v. Williamson County and Williamson County Sheriff’s Office; In the United States District Court for the Western District of Texas, Austin Division.
q) Hot-Mix overlay contract and performance issues
r) Complaints regarding the November 6, 2012 elections.
  Motion By: Commissioner Precinct 2 Cynthia Long 
  Second By: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve the proposed Settlement Agreement in Heckman, et al. v. Williamson, et al.; and authorize the County Judge to execute the Settlement Agreement document following approval and execution by all other parties, which Agreement will also be signed by Magistrate William Thomas Eastes; and the County Judge will execute the Agreement for the County Court at Law Judges pursuant to their authorization and agreement on behalf of Williamson County as follows: The Judges of County Courts at Law Nos. 1,2 and 3 of Williamson County, Texas, being the Honorable Suzanne Brooks, Judge of County Court at Law No. 1, the Honorable Timothy Wright, Judge of County Court at Law No. 2 and the Honorable Doug Arnold, Judge of County Court at Law No. 3 each in their official capacity as County Court at Law Judges of their respective Courts, authorize County Judge Dan Gattis, in his official capacity and on behalf of Williamson County, Texas, to execute the Settlement Agreement attached hereto as Exhibit A (Settlement Agreement and Release regarding Cause No. 06-453-C277, Heckman et al. v Williamson County et al.) on behalf of each Judge in his official capacity for Williamson County, Texas. The Judges, in authorizing this execution, agree to comply with the terms of the Settlement Agreement on behalf of Williamson County. [See 36(c) above.]
 
Aye: County Judge Dan A. Gattis
  Commissioner Precinct 1 Lisa Birkman
  Commissioner Precinct 2 Cynthia Long
  Commissioner Precinct 3 Valerie Covey
  Commissioner Precinct 4 Ron Morrison
  Attachments:
  Item 36 C
  Settlement Agreement and Release
 
             
37. Comments from Commissioners.
 

There were no comments.

             
38. Road Bond Work Session and Financial Update.
  Senior Director of Infrastructure Bob Daigh, Project Manager for Howard, Needles, Tammen and Bergendoff (HNTB) Christen Eschberger, and Mike Weaver of Prime Strategies addressed the Court.
  Attachments:
  2012 Road Bond Approved Work Program Future Funding Requirements
  Road Bond Program Update 11.20.2012
  Road Project Dollars Spent Maps
 
COMMISSIONERS’ COURT ADJOURNED AT 1:18 P.M. ON TUESDAY, NOVEMBER 20, 2012.

THE FOREGOING MINUTES had at a Regular Session of Commissioners’ Court of Williamson County, Texas, having been read are hereby approved this 4th day of December 2012. 

ATTEST: Nancy E. Rister, Clerk of Commissioners’ Court, Williamson County, Texas

By: Carolyn Deibler, Deputy 


    

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