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MINUTES OF THE WILLIAMSON COUNTY COMMISSIONERS' COURT MEETING
FEBRUARY 18, 2014
 

STATE OF TEXAS )(
COUNTY OF WILLIAMSON )(

BE IT REMEMBERED that at 9:38 A.M. on TUESDAY, FEBRUARY 18, 2014, a REGULAR SESSION of the Commissioners' Court of Williamson County, Texas, was held with the following being present, to-wit:
 
Present:
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  
 
County Clerk Nancy E. Rister  
Others Present:
Hal C. Hawes, General Counsel to Williamson County Commissioners' Court
Stan O. Springerley, Assistant General Counsel to Williamson County Commissioners' Court
Carolyn Deibler, Deputy County Clerk
             
1. Review and approval of minutes.
  Motion by: Commissioner Precinct 4 Ron Morrison 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve the Minutes of the February 11, 2014 meeting.
 
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:
  02.11.2014 CC 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.
 
Commissioner Birkman abstained in regards to payment of an invoice for The Gabriels Funeral Chapel (Conflict of Interest Affidavit attached).
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To authorize the payment of bills totaling $4,560,279.68 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:
  02.18.2014 Addendum
  02.18.2014 Funding Report
  02.18.2014 Wire Transfers
  Conflict of Interest Affidavit - Birkman
 
             
4.
Citizen comments.
 

Budget Officer Ashlie Koenig and Budget Analyst Joseph Werle addressed the Court.

             
CONSENT AGENDA
The Consent Agenda includes non-controversial and 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. Discuss and consider approving a line item transfer for the Recycling Center.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve a line item transfer for the Recycling Center:
From/To Acct No. Description Amount
From 0100-0660-004510 Recycling/Facility Maint $1,000.00
To 0100-0660-004543 Recycling/Repairs to Equipment $1,000.00
 
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
             
6. Discuss and consider approving a line item transfer for the County Judge's office.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve a line item transfer for the County Judge's office:
From/To Acct No. Description Amount
From 0100-0400-003120 Printer Supplies $280.80
To 0100-0400-003011 Computer Software <5K $280.80
 
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 277th District Court.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve a line item transfer for 277th District Court:
From/To Acct No. Description Amount
From 0100-0437-004010 Visiting Judges $400.00
To 0100-0437-004350 Printing $400.00
 
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
             
8. Consider approving Justice of the Peace 4, January 2014 Monthly Report in compliance with Code of Criminal Procedure 103.005.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve Justice of the Peace Precinct #4 January 2014 Monthly Report in compliance with Code of Criminal Procedure 103.005.
 
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:
  JP4 EOM REPORT JAN 2014
 
             
9. Discuss and consider approving the Constable Pct. 3 Racial Profiling Report for 2013.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve the Constable Precinct #3 Racial Profiling Report for 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
  Attachments:
  RacPro2013
 
             
10. Discuss and consider approving the Precinct One Constable 2013 Racial Profiling Report.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve the Constable Precinct #1 Racial Profiling Report for 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
  Attachments:
  Racial Profiling Report
 
             
11. Consider authorizing the disposal of various county assets through inter-office transfer, auction, donation, destruction, or trade-in (complete list attached).
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To authorize the disposal of various county assets through inter-office transfer, auction, donation, destruction, or trade-in (complete list attached).
 
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 Forms
 
             
REGULAR AGENDA
             
12. Discuss and take appropriate action declaring February 22, 2014 as Frederick "Tex" Bean Avery Day.
  Motion by: Commissioner Precinct 4 Ron Morrison 
  Second by: County Judge Dan A. Gattis 
Motion: To declare Saturday, February 22, 2014 as Frederick "Tex" Bean Avery Day.
 
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:
  Frederick Tex Bean Avery Proclamation
 
             
13. Hear the February 2014 Construction Summary Report for Road Bond and Pass Through Financing projects. 
  Senior Director of Infrastructure Bob Daigh addressed the Court. No action was taken on this item.
  Attachments:
  February 2014 CSR
 
             
14. To discuss and take appropriate action on the Department of Infrastructures projects and issues update.
  Senior Director of Infrastructure Bob Daigh addressed the Court. No action was taken on this item.
             
15. To discuss and take appropriate action regarding the selection of a General Engineering Consultant for the Road Bond Program Management and Design Review.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve the selection of Prime Strategies as the General Engineering Consultant for the Road Bond Program Management and Design Review.
 
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
             
16. To discuss and take appropriate action regarding the selection of a General Engineering Consultant for the Road Bond Program Construction Administration and Inspection.
 

General Counsel to Commissioners' Court Hal Hawes addressed the Court.

  Motion by: Commissioner Precinct 1 Lisa Birkman 
  Second by: Commissioner Precinct 3 Valerie Covey 
Motion: To approve the selection of HNTB as General Engineering Consultant for the Road Bond Program Construction Administration and Inspection.
 
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
             
17. Discuss and consider approval of Work Authorization No. 12 for Rodriguez Engineering Labs for on call testing services for Road & Bridge. 
 

Senior Director of Infrastructure Bob Daigh addressed the Court.

  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve Work Authorization No. 12 for Rodriguez Engineering Labs for on call testing services for Road and Bridge 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
  Attachments:
  Rodriguez Engineering Work Authorization 12
  SA 1 Rodriguez 13
  PSA Rodriguez 11
 
             
18. Discuss and consider approval of Work Authorization No. 2 for Terracon Consultants, Inc., for on call laboratory testing services for Road and Bridge projects.
 

Senior Director of Infrastructure Bob Daigh addressed the Court.

  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve Work Authorization No. 2 for Terracon Consultants, Inc. for on call laboratory testing services for Road and Bridge 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
  Attachments:
  Terracon Consultants Work Authorization 2
  PSA Terracon 13
 
             
19. Discuss and consider authorization of agreement with Caterpiller Financial Services Corporation for a Governmental Equipment Lease – Reference No. 2158673 (Motor Graders Serial Nos. R9M00234 & R9M00284) to support Road & Bridge operations. Take any necessary action, including but not limited to authorizing County Judge to execute same.
  This item was pulled from the Agenda.
  Attachments:
  Lease package
 
             
20. Consider authorizing advertising and setting date of March 19, 2014 at 3:30 PM in the Purchasing Department to receive bids for Lakeline Blvd. at US 183, Bid# 14IFB00226.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To authorize advertising and set the date of March 19, 2014 at 3:30 PM in the Purchasing Department to receive bids for Lakeline Boulevard at U.S. Highway 183, Bid #14IFB00226.
 
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:
  Lakeline at US 183 Summary
  Lakeline at US 183 Public Notice
 
             
21. Consider an order declaring an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment for the Sheriff's Office.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To declare an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment for the Sheriff's Office:
From/To Acct No. Description Amount
  0100-0000-370515 TDH Monitoring Fees $18,000.00
 
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
             
22. Consider an order declaring an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment to acknowledge use of funds for the Sheriff's Office.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To declare an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment to acknowledge use of funds for the Sheriff's Office:
From/To Acct No. Description Amount
  0100-0560-001110 Overtime $13,426.20
  0100-0560-002010 FICA $1,377.00
  0100-0560-002020 Retirement $2,296.80
  0100-0560-002050 Worker's Comp $900.00
 
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
             
COMMISSIONERS' COURT RECESSED TO A ROAD DISTRICT MEETING AT 10:10 A.M. ON TUESDAY, FEBRUARY 18, 2014.
             
COMMISSIONERS' COURT RECONVENED FROM THE ROAD DISTRICT MEETING AT 10:12 A.M. ON TUESDAY, FEBRUARY 18, 2014.
             
COMMISSIONERS' COURT RECESSED TO EXECUTIVE SESSION AT 10:12 A.M. ON TUESDAY, FEBRUARY 18, 2014.
             
23. 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 H.
d) Discuss proposed acquisition of property for right-of-way for Ronald Reagan Blvd.
e) Discuss proposed acquisition of property for proposed SH 29 Seward Junction Loop project.
f) Discuss proposed acquisition of property for right-of-way along Lakeline extension.
g) Discuss proposed acquisition of property for right-of-way for future parkland in Precinct 2. 
h) Discuss possible acquisition of property with endangered species for mitigation purposes.
i) Discuss flooding issues with property located on Pond Springs Rd.
j) Discuss the acquisition of real property: Tradesman Park Blvd.

2. Property or Real Estate owned by Williamson County
a) Discuss County owned real estate adjacent to and near Inner Loop, Georgetown, Texas including Blue Springs Blvd.
b) Discuss County owned real estate adjacent to and near RM 2338 at Booty's Crossing.
c) Discuss County owned real estate on CR 258
d) Discuss proposed acquisition of land for County Parks.
e) Discuss proposed acquisition of 89.476 acres by Georgetown Inner Loop.
f) Discuss proposed sale of 98 acre tract abutting Blue Springs Blvd.
  No action was taken in Executive Session.
             
24. Discussion regarding economic development negotiations pursuant to Texas Government Code, Section 551.087:

a) Business prospect(s) that may locate or expand within Williamson County.
  No action was taken in Executive Session.
             
25. 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.1:13- CV- 505, Robert Lloyd v. Lisa Birkman, et al., In The United States District Court for the Western District of Texas, Austin Division
e) Cause No. 13-0090-C26, Mathews v. Williamson County, In The District Court of Williamson County, Texas, 26th Judicial District.
f) Employment related matters.
g) 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.
h) 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
i) Mortgage Electronic Recording Systems (MERS) litigation.
j) American Arbitration Association # 70 110 Y 00385 13; Williamson County, Texas v. Faulkner USA, Inc.
k) 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
l) Cause No. 13-0748-C368; Williamson County v. Parsons Environment & Infrastructure Group Inc. et al. in the 368th Judicial District Court of Williamson County, Texas
m) Cause No. 1:12-CV-011222LY; Lance Brown v. Williamson County, Williamson County Sheriff's Office, Sheriff James Wilson and Shawn Wilson in the United States District Court for the Western District of Texas, Austin Division
  No action was taken in Executive Session.
             
COMMISSIONERS’ COURT RECONVENED FROM EXECUTIVE SESSION AT 11:05 A.M. ON TUESDAY, FEBRUARY 18, 2014.
             
26. Discuss and take appropriate action on real estate.
  No action was taken on this item.
             
27. Discuss and take appropriate action regarding economic development.
  No action was taken on this item.
             
28. 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.1:13- CV- 505, Robert Lloyd v. Lisa Birkman, et al., In The United States District Court for the Western District of Texas, Austin Division
e) Cause No. 13-0090-C26, Mathews v. Williamson County, In The District Court of Williamson County, Texas, 26th Judicial District.
f) Employment related matters.
g) 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.
h) 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
i) Mortgage Electronic Recording Systems (MERS) litigation.
j) American Arbitration Association # 70 110 Y 00385 13; Williamson County, Texas v. Faulkner USA, Inc.
k) 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
l) Cause No. 13-0748-C368; Williamson County v. Parsons Environment & Infrastructure Group Inc. et al. in the 368th Judicial District Court of Williamson County, Texas
m) Cause No. 1:12-CV-011222LY; Lance Brown v. Williamson County, Williamson County Sheriff's Office, Sheriff James Wilson and Shawn Wilson in the United States District Court for the Western District of Texas, Austin Division
  No action was taken on this item.
             
29. Comments from Commissioners.
  There were no comments.
             
30. Budget Workshop with Commissioners' Court
  The following persons addressed the Court:
Budget Officer Ashlie Koenig
Senior Director of Emergency Services John Sneed
Senior Director of Technology Services Jay Schade
County Attorney Dee Hobbs
First Assistant County Auditor Julie Kiley
Senior Director of Infrastructure Bob Daigh
County Auditor David Flores

No action was taken on this item.
  Attachments:
  Budget Workshop Discussion Items
 
             
31. Discus and take appropriate action on approving participation in the Countywide Polling Place Program for the May 10th, 2014 election, as well as authorizing the filing of any documentation necessary for such participation in the Countywide Polling Place Program and for seeking the classification of being considered a “successful” county in the Polling Place Program.
  Elections Administrator Jason Barnett addressed the Court.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 2 Cynthia Long 
Motion: To approve participation in the Countywide Polling Place Program for the May 10, 2014 election and authorize the filing of any documentation necessary for such participation in the Countywide Polling Place Program and for seeking the classification of being considered a “successful” county in the Polling Place Program.
 
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:
  County Wide Polling Places Letter
 
COMMISSIONERS’ COURT ADJOURNED AT 12:18 P.M. ON TUESDAY, FEBRUARY 18, 2014. 
 
THE FOREGOING MINUTES had at a Regular Session of Commissioners’ Court of Williamson County, Texas, having been read are hereby approved this 25th day of February 2014.


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

By: Carolyn Deibler, Deputy


    

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