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STATE OF TEXAS )(
COUNTY OF WILLIAMSON )(
BE IT REMEMBERED that at 9:39 A.M. on TUESDAY, JUNE 7, 2011, a REGULAR SESSION of the Commissioners' Court of Williamson County, Texas, was held with the following being present, to-wit: |
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Present:
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Dan A. Gattis, County Judge
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Lisa Birkman, Commissioner Precinct 1
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Cynthia Long, Commissioner Precinct 2
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Valerie Covey, Commissioner Precinct 3
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Ron Morrison, Commissioner Precinct 4
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Nancy E. Rister, County Clerk
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Attendees:
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Hal Hawes, Legal Advisor Commissioner’s Court
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Black Wehling, Deputy County Clerk
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1. |
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Review and approval of minutes. |
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Motion By: Commissioner Precinct 1 Lisa Birkman |
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Second By: Commissioner Precinct 4 Ron Morrison Motion: To approve the minutes of the May 31, 2011 meeting.
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Attachments: |
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05.31.2011 CC Minutes
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2. |
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Consider noting in minutes any off right-of-way work on any County road done by Road & Bridge Unified System.
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Motion By: Commissioner Precinct 3 Valerie Covey |
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Second By: Commissioner Precinct 2 Cynthia Long Motion: To note in the minutes off right-of-way work, including:
- clearing of trees and brush on the Voss property on County Road 239, Precinct #3
- temporary construction easement to replace cross drainage culvert on the Ging property, Precinct #4.
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Attachments: |
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Off ROW Cr 239
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3. |
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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. |
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Accounts Payable/Payroll Manager Donna Baker addressed the Court. |
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Motion By: Commissioner Precinct 1 Lisa Birkman |
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Second By: Commissioner Precinct 2 Cynthia Long Motion: To authorize the payment of bills totaling $2,741,437.06 from computer printout, Addendum, Wire Transfer, Quick Check Report from the proper line items, if found by the County Auditor to be legal expenses as appropriated in the County budget.
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Attachments: |
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06.07.2011 Funding Report
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Quick Check Report
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Wire Transfers
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COMMISSIONERS' COURT RECESSED AT 9:53 A.M. ON TUESDAY, JUNE 7, 2011. |
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COMMISSIONERS' COURT RECONVENED AT 10:15 A.M. ON JUNE 7, 2011. |
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4. |
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Citizen comments. |
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No one addressed the Court.
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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 – 9 )
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5. |
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Discuss and consider approving a line item transfer for JP#4
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Motion By: Commissioner Precinct 2 Cynthia Long |
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Second By: Commissioner Precinct 4 Ron Morrison Motion: To approve a line item transfer for the Justice of the Peace, Precinct #4:
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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6. |
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Discuss and consider approving a line item transfer for Human Resources
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Motion By: Commissioner Precinct 2 Cynthia Long |
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Second By: Commissioner Precinct 4 Ron Morrison Motion: To approve a line item transfer for Human Resources:
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Attachments: |
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Office Pro Plus 2010 Software
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7. |
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Consider approving the Treasurer's Report on the Williamson County Finances for April 2011.
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Attachments: |
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April 2011 Treasurers Report
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8. |
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Consider authorizing the transfer of various equipment items through inter-office transfer, auction, donation, or destruction.
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Motion By: Commissioner Precinct 2 Cynthia Long |
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Second By: Commissioner Precinct 4 Ron Morrison Motion: To authorize the transfer of various equipment items through inter-office transfer, auction, donation, or destruction.
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Attachments: |
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Asset Transfers
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9. |
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Discuss and take appropriate action on approving the revised final plat of Lorie Anna Estates, Pct. 3.
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Motion By: Commissioner Precinct 2 Cynthia Long |
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Second By: Commissioner Precinct 4 Ron Morrison Motion: To approve the revised final plat of Lorie Anna Estates, Precinct 3.
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Attachments: |
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Lorie Anna Estates
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REGULAR AGENDA |
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10. |
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Presentation on Highway 195 by Bell County Commissioners Court, Lieutenant General Donald M. Campbell Jr. Corps Commander at Fort Hood and Greater Killeen Chamber of Commerce.
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County Judge Jon H. Burrows of Bell County and Lieutenant General Donald M. Campbell Jr., 3 Corps Commander at Fort Hood, addressed the Court.
No action was taken. |
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11. |
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Discuss and take appropriate action on road bond program. |
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Senior Director of Infrastructure Bob Daigh addressed the Court.
No action was taken.
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12. |
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Consider approving Change Order No. 4 in the amount of $41,558.79 for Chandler Road Phase 3B, a Road Bond Project in Precinct Four.
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Senior Director of Infrastructure Bob Daigh addressed the Court.
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Motion By: Commissioner Precinct 4 Ron Morrison |
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Second By: Commissioner Precinct 1 Lisa Birkman Motion: To approve Change Order No. 4 in the amount of $41,558.79 for Chandler Road Phase 3B, a Road Bond Project in Precinct 4.
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Attachments: |
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Chandler Road Phase 3B Change Order 4
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13. |
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Consider and take appropriate action regarding park rules for the Quarry Splash Pad in the Southwest Regional Park.
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Senior Director of Parks & Recreation Jim Rodgers addressed the Court.
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Motion By: Commissioner Precinct 2 Cynthia Long |
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Second By: Commissioner Precinct 3 Valerie Covey Motion: To adopt the recommended park rules for the Quarry Splash Pad in the Southwest Regional Park.
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Attachments: |
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Rules
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14. |
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Consider and take appropriate action regarding change fund for the Quarry Splash Pad in the Southwest Regional Park.
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Motion By: Commissioner Precinct 2 Cynthia Long |
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Second By: Commissioner Precinct 3 Valerie Covey Motion: To approve a Change Fund for the Quarry Splash Pad in the Southwest Regional Park.
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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15. |
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Discuss and take appropriate action regarding 4/1/2011 thru 9/30/2011 employer contribution invoices for The Williamson Museum.
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Human Resources Health Plan Specialist Suzanne Hays, First Assistant County Auditor Julie Kiley and Budget Officer Ashlie Koenig addressed the Court. |
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Motion By: Commissioner Precinct 1 Lisa Birkman |
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Second By: Commissioner Precinct 4 Ron Morrison Motion: To deny the Williamson Museum's request to lower employer health insurance contribution invoices for a vacant position from April to September.
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Aye:
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Nay:
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County Judge Dan A. Gattis
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Commissioner Precinct 2 Cynthia Long
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Attachments: |
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Williamson Museum FTE
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16. |
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Discuss and take appropriate action on the First Amendment to the Interlocal Agreement with Williamson County MUD #10 for law enforcement services.
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First Assistant County Auditor Julie Kiley addressed the Court |
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Motion By: Commissioner Precinct 3 Valerie Covey |
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Second By: Commissioner Precinct 1 Lisa Birkman Motion: To approve the First Amendment to the Interlocal Agreement with Williamson County MUD #10 for law enforcement services.
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Attachments: |
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First Amendment to WC MUD No. 10 ILA for Law Enforcement Services
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17. |
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Consider approving lodging reimbursement for County Court at Law No. 3.
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First Assistant County Auditor Julie Kiley addressed the Court. |
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Motion By: Commissioner Precinct 2 Cynthia Long |
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Second By: County Judge Dan A. Gattis Motion: To approve Austin lodging reimbursement at a maximum of $195.52 and with no per diem for County Court at Law No. 3:
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 4 Ron Morrison
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Nay:
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 3 Valerie Covey
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Attachments: |
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Brochure for PDP
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Data for PDP
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18. |
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Discuss and take appropriate action on Tobacco Account budget.
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Kathy Grimes, Executive Assistant to the Commissioner of Precinct # 2 and First Assistant County Auditor Julie Kiley addressed the Court. |
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Motion By: Commissioner Precinct 2 Cynthia Long |
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Second By: Commissioner Precinct 1 Lisa Birkman Motion: To approve funding for the following out of the Tobacco Account budget:
Medicaider - $15,000;
Lonestar Circle of Care - $153,000;
Samaritan Health Ministries - $57,000;
Mobile Outreach Team - $164,097.
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Attachments: |
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Tobacco Settlement Distribution
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2011_2012 Revenue Projections
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2010_2011 Budget
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19. |
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The Federal Disaster Mitigation Act of 2000 and the Federal Emergency Management Agency (FEMA) require communities to develop and adopt hazard mitigation action plans (HMAP) to be eligible for the full-range of both pre and post-disaster hazard mitigation funding through the federal government. Williamson County as a plan participant passed a resolution adopting the Texas Colorado River Floodplain Coalition regional HMAP on May 17, 2011. Changes to the plan, not involving Williamson County, were submitted and approved by FEMA which requires a subsequent approval by Commissioner's Court.
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Emergency Management Manager Jarred Thomas addressed the Court. |
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Motion By: Commissioner Precinct 1 Lisa Birkman |
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Second By: Commissioner Precinct 2 Cynthia Long Motion: To approve changes to the Texas Colorado River Floodplain Coalition Regional HMAP Plan, not involving Williamson County, as required by FEMA.
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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20. |
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Discuss and consider adopting a Fireworks Ban Order prohibiting the sale or use of restricted fireworks (“skyrockets with sticks” and “missiles with fins”) in the unincorporated areas of Williamson County pursuant to Section 352.051 of the Texas Local Government Code, as well as discuss and consider any additional measures that may be taken to restrict the sale or use of all other types of fireworks in Williamson County should current drought conditions continue or worsen.
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The following persons addressed the Court:
Williamson County Manager of Emergency Management Jarred Thomas
Legal Advisor to the Commissioners' Court Hal Hawes
Leander Fire Chief Bill Gardner
Chester Davis, owner of American Fireworks and President of the Texas Pyrotechnic Association
Jollyville Fire Chief John Kiracofe
Georgetown Fire Chief Robert Fite
Senior Director of Emergency Services John Sneed
Taylor Fire Chief Pat Ekiss
Captain Mike Gleason of the Williamson County Sheriff's Office
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Attachments: |
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American Fireworks Letter
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Fireworks Memo
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Fireworks Impact Presentation
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Order Prohibiting Fireworks
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21. |
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Consider authorizing advertising and setting date of June 27, 2011 at 3:00pm in the Purchasing Department to initially receive qualifications for PROFESSIONAL SERVICES, 2006 ROAD BOND PROGRAM, RFQ# 11WCRFQ1005.
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This item was pulled from the agenda. |
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Attachments: |
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RFQ Document
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22. |
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Consider declaring an emergency and approving a budget amendment to acknowledge additional expenditures for JP#4.
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Budget Officer Ashlie Koenig addressed the Court. |
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Motion By: Commissioner Precinct 1 Lisa Birkman |
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Second By: Commissioner Precinct 4 Ron Morrison Motion: To declare an emergency and approve a budget amendment to acknowledge additional expenditures for the Justice of the Peace, Precinct #4:
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Consider an order declaring an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment for County Attorney Title IV-E Child Welfare Legal Services:
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Motion By: Commissioner Precinct 1 Lisa Birkman |
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Second By: Commissioner Precinct 4 Ron Morrison Motion: To declare an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment for the County Attorney, Title IV-E Child Welfare Legal Services:
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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24. |
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Consider an order declaring an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment to acknowledge use of County Attorney Title IV-E Child Welfare Legal Services funds:
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Motion By: Commissioner Precinct 1 Lisa Birkman |
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Second By: Commissioner Precinct 4 Ron Morrison Motion: To declare an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment to acknowledge use of County Attorney Title IV-E Child Welfare Legal Services funds:
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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Consider an order declaring an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment for Park Donations:
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Motion By: Commissioner Precinct 1 Lisa Birkman |
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Second By: Commissioner Precinct 4 Ron Morrison Motion: To declare an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment for Park Donations:
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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26. |
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Consider an order declaring an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment to acknowledge use of Park Donations:
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Motion By: Commissioner Precinct 1 Lisa Birkman |
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Second By: Commissioner Precinct 4 Ron Morrison Motion: To declare an emergency and a grave necessity due to unforeseeable circumstances and approve a budget amendment to acknowledge use of Park Donations:
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Aye:
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County Judge Dan A. Gattis
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Commissioner Precinct 1 Lisa Birkman
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Commissioner Precinct 2 Cynthia Long
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Commissioner Precinct 3 Valerie Covey
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Commissioner Precinct 4 Ron Morrison
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COMMISSIONERS' COURT RECESSED TO EXECUTIVE SESSION AT 12:40 P.M. ON TUESDAY, JUNE 7, 2011.
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27. |
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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) Attorney Grievance filed with the Office of Chief Disciplinary Counsel of the State Bar of Texas against Jana L. Duty-Hunsicker- Grievance File No. A0021113619;
d) Civil Action No. 1:10-CV-00693-LY; Robert James Henry v. City of Taylor et al.; In the United States District Court for the Western District of Texas;
e) 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
f) Cause No. 10-1107-C368; Jana Duty, County Attorney of Williamson County, Texas vs. Dan A. Gattis, County Judge of Williamson County, Lisa Birkman, Cynthia Long, Valerie Covey, and Ron Morrison County Commissioners, David Flores, County Auditor, and Ashlie Koenig, Budget Officer; In the District Court, Williamson County, Texas, 368th Judicial District.
g) 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
h) 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
i) 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;
j) 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
k) Employment related matters.
l) Other confidential attorney-client matters, including contracts. |
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No action was taken in Executive Session. |
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COMMISSIONERS’ COURT RECONVENED FROM EXECUTIVE SESSION AT 12:52 P.M. ON TUESDAY, JUNE 7, 2011.
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28. |
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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) Attorney Grievance filed with the Office of Chief Disciplinary Counsel of the State Bar of Texas against Jana L. Duty-Hunsicker- Grievance File No. A0021113619;
d) Civil Action No. 1:10-CV-00693-LY; Robert James Henry v. City of Taylor et al.; In the United States District Court for the Western District of Texas;
e) 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
f) Cause No. 10-1107-C368; Jana Duty, County Attorney of Williamson County, Texas vs. Dan A. Gattis, County Judge of Williamson County, Lisa Birkman, Cynthia Long, Valerie Covey, and Ron Morrison County Commissioners, David Flores, County Auditor, and Ashlie Koenig, Budget Officer; In the District Court, Williamson County, Texas, 368th Judicial District.
g) 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
h) 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
i) 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;
j) 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
k) Employment related matters.
l) Other confidential attorney-client matters, including contracts. |
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No action was taken on this item. |
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29. |
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Comments from Commissioners. |
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There were no comments. |