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MINUTES OF THE WILLIAMSON COUNTY COMMISSIONERS' COURT MEETING
JUNE 12, 2012
 

STATE OF TEXAS )(
COUNTY OF WILLIAMSON )(

BE IT REMEMBERED that at 9:39 A.M. on TUESDAY, JUNE 12, 2012, 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 Hawes, Legal Advisor to Commissioner's Court
Carolyn Deibler, Deputy County Clerk
             
1. Review and approval of minutes.
  Motion by Commissioner Precinct 4 Ron Morrison 
  Second by Commissioner Precinct 2 Cynthia Long 
Motion: To approve the minutes of the June 5, 2012 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:
  06.05.2012 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.
  Motion by Commissioner Precinct 3 Valerie Covey 
  Second by Commissioner Precinct 4 Ron Morrison 
Motion: To authorize the payment of bills totaling $5,153,877.36 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:
  06.12.2012 Funding Report
  Wire Transfers
 
             
4.
Citizen comments.
 

There were no comments.

             
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 -12 )
             
5. To discuss and consider approving line item transfer for County Sheriff.
  Motion by Commissioner Precinct 3 Valerie Covey 
  Second by Commissioner Precinct 4 Ron Morrison 
Motion: To approve a line item transfer for the County Sheriff:
From 0100-0560-004350 Printed Forms $2,500.00
From 0100-0560-003006 Office Equipment $2,500.00
From 0100-0560-003010 Computer Equipment $3,000.00
From 0100-0560-004500 Maintenance Contracts $360.00
To 0100-0560-003311 Uniforms $8,360.00
 
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. To discuss and consider approving a line item transfer for County Court at Law No. 3.
  Motion by Commissioner Precinct 3 Valerie Covey 
  Second by Commissioner Precinct 4 Ron Morrison 
Motion: To approve a line item transfer for County Court at Law No. 3:
From 0100-0428-004999 Misc. $60.00
To 0100-0428-003900 Membership Dues $60.00
 
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
             
7. To discuss and consider approving a line item transfer for the District Attorneys office.
  Motion by Commissioner Precinct 3 Valerie Covey 
  Second by Commissioner Precinct 4 Ron Morrison 
Motion: To approve a line item transfer for the District Attorney's office:
From 0100-0440-005758 Law Books >$5,000 $1,000.00
To 0100-0440-003006 Office Equipment <$5,000 $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
             
8. Consider approving Justice of the Peace 4, May 2012, monthly report in compliance with Code of Criminal Procedure 103.005(b).
  Motion by Commissioner Precinct 3 Valerie Covey 
  Second by Commissioner Precinct 4 Ron Morrison 
Motion: To approve the Justice of the Peace, Precinct #4, May 2012 monthly report in compliance with the Code of Criminal Procedure 103.005(b).
 
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 MAY 2012 EOM
 
             
9. Consider authorizing the transfer of various equipment items through inter-office transfer, auction, donation, destruction, or trade-in.
  Senior Director of Infrastructure Bob Daigh and Director of Parks and Recreation Randy Bell addressed the Court.
  Motion by Commissioner Precinct 3 Valerie Covey 
  Second by Commissioner Precinct 4 Ron Morrison 
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. Discuss and consider approval of final plat for Jerry Stefek subdivision - Pct 4.
  Motion by Commissioner Precinct 3 Valerie Covey 
  Second by Commissioner Precinct 4 Ron Morrison 
Motion: To approve the final plat for Jerry Stefek subdivision - Precinct #4.
 
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 - Jerry Stefek subdivision
 
             
11. Discuss and consider re-approval of preliminary plat for the Sonterra West Sec 9 subdivision - Pct 3.
  Motion by Commissioner Precinct 3 Valerie Covey 
  Second by Commissioner Precinct 4 Ron Morrison 
Motion: To re-approve the preliminary plat for the Sonterra West Section 9 subdivision - 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:
  Prelim Plat - Sonterra West Sec 9 - 2006
 
             
12. Discuss and consider re-approval of preliminary plat for the Sonterra West Sec 10 subdivision - Pct 3.
  Motion by Commissioner Precinct 3 Valerie Covey 
  Second by Commissioner Precinct 4 Ron Morrison 
Motion: To re-approve the preliminary plat for the Sonterra West Section 10 subdivision - 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:
  Prelim Plat - Sonterra West Sec 10 - 2006
 
             
REGULAR AGENDA
             
13. To discuss and take appropriate action on the Department of Infrastructure's projects and issues update.
  Senior Director of Infrastructure Bob Daigh addressed the Court.  No action was taken on this item.
             
14. Discuss and take appropriate action on road bond program.
  Senior Director of Infrastructure Bob Daigh addressed the Court. No action was taken on this item.
             
15. Consider approving Change Order No. 8 in the amount of $22,291.60 for BUS 79 Drainage, a Road Bond Project in Precinct Four.
  Senior Director of Infrastructure Bob Daigh addressed the Court.
  Motion by Commissioner Precinct 4 Ron Morrison 
  Second by Commissioner Precinct 3 Valerie Covey 
Motion: To approve Change Order #8 in the amount of $22,291.60 for U.S. Highway 79 (Business) Drainage, a Road Bond Project in Precinct #4.
 
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 8 for BUS 79 Drainage
 
             
16. Consider authorizing 2006 road bond transfer request per recommendation of Mike Weaver: $55,000.00 from Non Departmental (P156) to Great Oaks Extension (P219).
  Senior Director of Infrastructure Bob Daigh addressed the Court.
  Motion by Commissioner Precinct 1 Lisa Birkman 
  Second by Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the 2006 road bond transfer request per recommendation of Mike Weaver: $55,000.00 from Non Departmental (P156) to Great Oaks Extension (P219).
 
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 take appropriate action on an information release contract between the Texas Workforce Commission and Williamson County with respect to the use of information obtained by the Williamson County Constable Precinct Two from the Texas Workforce Commission.
  Chief Deputy Constable Precinct #2 Randolph Doyer addressed the Court.
  Motion by Commissioner Precinct 2 Cynthia Long 
  Second by Commissioner Precinct 4 Ron Morrison 
Motion: To approve the contract between the Texas Workforce Commission and Williamson County with respect to the use of information obtained by the Williamson County Constable Precinct #2 from the Texas Workforce Commission.
 
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:
  Texas Workforce Commissioner information Release Agreement
 
             
18. Discuss and take appropriate action regarding withdrawal of March 6, 2012 Resolution in support of Grant #2606501 and approval of withdrawal of grant request.
  Administrative Assistant to the County Judge Peggy Vasquez addressed the Court.
  Motion by Commissioner Precinct 2 Cynthia Long 
  Second by Commissioner Precinct 3 Valerie Covey 
Motion: To withdraw the March 6, 2012 resolution and grant request for the General Victim's Assistant for the District Attorney's office from the Governor's Direct Services 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
             
19. Consider authorizing advertising and setting date of July 11, 2012 at 3:30 PM in the Purchasing Department to receive bids for County Road 260/266; intersection improvements at SH 29 Bid #12IFB00005.
  Motion by Commissioner Precinct 2 Cynthia Long 
  Second by Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the advertising and setting the date of July 11, 2012 at 3:30 p.m. in the Purchasing Department to receive bids for County Road 260/266; intersection improvements at State Highway 29 Bid #12IFB00005.
 
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:
  CR 260 266 Intersection Improvements
 
             
20. Discuss and take appropriate action on holding Commissioners Court on July 3rd, 2012.
  Motion by County Judge Dan A. Gattis 
  Second by Commissioner Precinct 2 Cynthia Long 
Motion: To cancel Commissioners' Court on July 3, 2012.
 
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
             
21. Discuss and take appropriate action on compensation policy.
  Senior Director of Human Resources Lisa Zirkle addressed the Court. No action was taken on this item.
  Attachments:
  Pay Chart A
  Grade Chart B
  Grade Step Chart P
  Performance Evaluation
  Merit and Promotion
  Compensation Policy
 
             
COMMISSIONERS' COURT RECESSED TO EXECUTIVE SESSION AT 10:28 A.M. ON TUESDAY, JUNE 12, 2012.
             
22. 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.
  No action was taken in Executive Session.
             
23. 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.) CR 225 Issues.
  No action was taken in Executive Session.
             
COMMISSIONERS’ COURT RECONVENED FROM EXECUTIVE SESSION AT 11:47 A.M. ON TUESDAY, JUNE 12, 2012.
             
24. Discuss and take appropriate action on real estate.
  No action was taken on this item.
             
25. 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) CR 225 Issues.
  No action was taken on this item.
             
26. Comments from Commissioners.
  Judge Gattis expressed appreciation to the young people from the Williamson County Juvenile Academy for the Presentation of the Colors.

Commissioner Morrison invited everyone to the Ribbon Cutting Ceremony for the beginning of the last phase of U.S. Highway 79 to Limmer Loop at 9:30 a.m. on Thursday, June 14, 2012.

Judge Gattis wished County Treasurer Vivian Wood a Happy Birthday.
COMMISSIONERS’ COURT ADJOURNED AT  11:47 A.M. ON TUESDAY, JUNE 12, 2012.

THE FOREGOING MINUTES had at a Regular Session of Commissioners’ Court of Williamson County, Texas, having been read are hereby approved this 19th day of June 2012.


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

By: Carolyn Deibler, Deputy


    

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