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MINUTES OF THE WILLIAMSON COUNTY COMMISSIONERS' COURT MEETING
SEPTEMBER 10, 2013
 

STATE OF TEXAS )(
COUNTY OF WILLIAMSON )(

BE IT REMEMBERED that at 9:42 A.M. on TUESDAY, SEPTEMBER 10, 2013, 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 Commissioners' Court
Carolyn Deibler, Deputy County Clerk
             
1. Review and approval of minutes.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To approve the Minutes of the September 3, 2013 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:
  09.03.2013 CC Minutes
 
             
2.
Consider noting in minutes any off right-of-way work on any County road done by Road & Bridge Division.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 4 Ron Morrison 
Motion: To note in the Minutes the Off Right-of-Way Request by the Department of Public Safety to use the Road and Bridge Division Bus to facilitate training.
 
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:
  DPS Bus Use Request
 
             
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 $2,524,664.88 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:
  Wire Transfers 09-10-2013
  Funding Report 09-10-2013
  Quick Check Report 09-10-2013
 
             
4.
Citizen comments.
 

Jim Dillon of Liberty Hill 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 – 10 )
             
5. Discuss and consider approving a line item transfer for the Tax Assessor Collector.
  Motion by: Commissioner Precinct 1 Lisa Birkman 
  Second by: Commissioner Precinct 3 Valerie Covey 
Motion: To approve a line item transfer for the Tax Assessor Collector:
From/To Acct No. Description Amount
From 0100-0499-004350 Printed Forms $119.39
To 0100-0499-003010 Computer Equipment $119.39
 
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 Elections Office.
  Motion by: Commissioner Precinct 1 Lisa Birkman 
  Second by: Commissioner Precinct 3 Valerie Covey 
Motion: To approve a line item transfer for the Elections Office:
From/To Acct No. Description Amount
From 0100-0492-001107 Temp Labor-Seasonal Help $6,500.00
To 0100-0492-001102 P/T Salaries < 20 Hrs/Wks $6,500.00
 
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 line item transfer for County Sheriff.
  Motion by: Commissioner Precinct 1 Lisa Birkman 
  Second by: Commissioner Precinct 3 Valerie Covey 
Motion: To approve a line item transfer for the County Sheriff:
From/To Acct No. Description Amount
From 0100-0560-005740 Computer Equipment > 5,000 $2,520.00
To 0100-0560-003010 Computer Equipment < 5,000 $2,520.00
 
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. Discuss and consider approving a line item transfer for the 368th District Court.
  Motion by: Commissioner Precinct 1 Lisa Birkman 
  Second by: Commissioner Precinct 3 Valerie Covey 
Motion: To approve a line item transfer for the 368th District Court:
From/To Acct No. Description Amount
To 0100-0435-003100 Office Supplies $450.00
From 0100-0435-004350 Printed Materials and Binding $450.00
 
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
             
9. Discuss and consider approving a line item transfer for 368th District Court.   
  Motion by: Commissioner Precinct 1 Lisa Birkman 
  Second by: Commissioner Precinct 3 Valerie Covey 
Motion: To approve a line item transfer for 368th District Court:
From/To Acct No. Description Amount
From 0100-0435-004132 Criminal Court Appt Atty $18,000.00
To 0100-0435-004100 Professional Services $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
             
10. Consider authorizing the transfer of vehicles, office furniture and office equipment items through inter-office transfer, auction, donation, destruction, or trade-in.
  Motion by: Commissioner Precinct 1 Lisa Birkman 
  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 Forms
 
             
REGULAR AGENDA
             
11. Discuss and take appropriate action on proclamation recognizing suicide as a public health problem and designating the month of September 2013 as "Suicide Prevention Month" in Williamson County to coincide with the 2013 National Suicide Prevention Week of September 8th through September 14th.
  Motion by: Commissioner Precinct 1 Lisa Birkman 
  Second by: Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the County Judge to execute the Proclamation recognizing suicide as a public health problem and designating the month of September 2013 as "Suicide Prevention Month" in Williamson County to coincide with the 2013 National Suicide Prevention Week of September 8th through September 14th.
 
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:
  Suicide Prevention Month Proclamation
 
             
12. Discuss and take action on Resolution for Higher Education Revenue Bonds for Orenda Education.
  Chief Executive Officer Richard N. Rickey of Orenda Education addressed the Court.
  Motion by: Commissioner Precinct 1 Lisa Birkman 
  Second by: Commissioner Precinct 3 Valerie Covey 
Motion: To authorize the County Judge to execute the Certificate for Resolution regarding Higher Education Revenue Bonds for Orenda Education.
 
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:
  Publishers Affidavit Orenda Education
  Ordenda Resolution for Arlington Higher Education Finance Corp Education Revenue Bonds Series 2013A
 
             
13. Hear report and take appropriate action on submission of comments to the US Fish and Wildlife Service on proposed listing of the Georgetown and Salado salamanders.
 

Director of Environmental Programs for Parks Department Gary Boyd addressed the Court. No action was taken on this item.

             
COMMISSIONERS' COURT RECESSED TO A PUBLIC HEARING AT 10:04 A.M. ON TUESDAY, SEPTEMBER 10, 2013.
             
14. 10:00 Hold Public Hearing on the Fiscal Year 2013-2014 Proposed Tax Rate
  Jim Dillon of Liberty Hill addressed the Court.
             
COMMISSIONERS' COURT RECONVENED FROM THE PUBLIC HEARING AT 10:08 A.M. ON TUESDAY, SEPTEMBER 10, 2013.
             
15. 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.
             
16. Consider approving Change Order No. 2 in the amount of -$13,284.58 for CR 260/CR 266 @ SH 29, a Road Bond Project in Precinct Two.
  Senior Director of Infrastructure Bob Daigh addressed the Court.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve Change Order No. 2 in the amount of -$13,284.58 for County Road 260/County Road 266 at State Highway 29, 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:
  CR 260 266 CO 2
 
             
17. Discuss and take appropriate action on Emergency Services Operations Center building project P136; Vaughn Construction Change Order 48 in the amount of $18,554.00 for additional surge protection devices and necessary electrical revisions to meet Motorola standards.
 

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 approve Emergency Services Operations Center building project P136, Vaughn Construction Change Order 48 in the amount of $18,554.00 for additional surge protection devices and necessary electrical revisions to meet Motorola standards.
 
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:
  Vaughn Construction Change Order 48 for Emergency Services Operations Center
 
             
18. Discuss and take appropriate action on a First Amendment to that certain Contract For The Collection Of Delinquent Property Taxes between Williamson County and McCreary Veselka Bragg and Allen PC.
  Attorney Craig Morgan of McCreary, Veselka, Bragg and Allen, P.C. addressed the Court.
  Motion by: Commissioner Precinct 3 Valerie Covey 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To authorize the County Judge to execute the Amended Contract for the Collection of Delinquent Property Taxes between Williamson County and McCreary, Veselka, Bragg and Allen, P.C.
 
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:
  McCreary Veselka Bragg and Allen Tax Collection Agreement 091013
 
             
19. Discuss and consider approving the education affiliation agreement renewal terms between Williamson County EMS and Laramie County Community College.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To approve the education affiliation renewal terms in the Amendment Number One to Agreement between Laramie County Community College and Williamson County Emergency Medical Services (EMS).
 
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:
  Laramie County Community College Agreement Renewal
 
             
20. Discuss and consider approving the Interlocal Agreement between Williamson County, Texas and Williamson County and Cities Health District regarding the Community Paramedicine Project.
  Motion by: Commissioner Precinct 2 Cynthia Long 
  Second by: Commissioner Precinct 1 Lisa Birkman 
Motion: To authorize the County Judge to execute the Interlocal Agreement Between Williamson County, Texas and Williamson County and Cities Health District Regarding the Community Paramedicine Project.
 
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:
  Community Paramedicine Project Interlocal Agreement
 
             
21. Discuss and consider approving work authorization number one with Wiss, Janney, Elstner Associates, Inc. for additional engineering services on the Williamson County Courthouse Masonry Repointing project.
  Senior Director of Infrastructure Bob Daigh 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 the Supplemental Work Authorization No. 1 with Wiss, Janney, Elstner Associates, Inc. (WJE) for additional engineering services on the Williamson County Courthouse Masonry Repointing project.
 
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:
  Wiss Janney Elstner Associates Work Authorization 1 for Masonry Repointing
 
             
COMMISSIONERS' COURT RECESSED TO EXECUTIVE SESSION AT 10:09 A.M. ON TUESDAY, SEPTEMBER 10, 2013.
             
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.
e) Discuss proposed acquisition of property for proposed SH 29 project.
f) Discuss proposed acquisition of property for right-of-way along Lakeline extension.
g) Discuss proposed acquisition and/or sale of property for Arterial H.
h) Discuss proposed acquisition of property for right-of-way for future parkland in Precinct 2. 
i) Discuss proposed Gattis School road wall claim
j) Discuss County owned real estate adjacent to and near Inner Loop, Georgetown, Texas including Blue Springs Blvd.
k) Discuss County owned real estate adjacent to and near RM 2338 at Booty's Crossing.
l) Discuss possible acquisition of property with endangered species for mitigation purposes.
  No action was taken in Executive Session.
             
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 extension of Tradesman Park.
b. Discuss proposed CR 258 project.
  No action was taken in Executive Session.
             
24. 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) 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
f) 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
g) Employment related matters.
h) 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.
i) 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
j) Mortgage Electronic Recording Systems (MERS) litigation.
k) American Arbitration Association # 70 110 Y 00385 13; Williamson County, Texas v. Faulkner USA, Inc.
l) 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.
m) 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.
n) 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
o) 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.
p) 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
q) 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
r) Contract between Williamson County and Westar Construction, Inc. for Berry Springs Creek Dam Repair
  No action was taken in Executive Session.
             
COMMISSIONERS’ COURT RECONVENED FROM EXECUTIVE SESSION AT 12:32 P.M. ON TUESDAY, SEPTEMBER 10, 2013.
             
25. Discuss and take appropriate action on real estate.
  No action was taken on this item.
             
26. 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) 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
f) 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
g) Employment related matters.
h) 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.
i) 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
j) Mortgage Electronic Recording Systems (MERS) litigation.
k) American Arbitration Association # 70 110 Y 00385 13; Williamson County, Texas v. Faulkner USA, Inc.
l) 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.
m) 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.
n) 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
o) 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.
p) 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
q) 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
r) Contract between Williamson County and Westar Construction, Inc. for Berry Springs Creek Dam Repair
  No action was taken on this item.
             
27. Comments from Commissioners.
  There were no comments.
COMMISSIONERS’ COURT ADJOURNED AT 12:32 P.M. ON TUESDAY, SEPTEMBER 10, 2013.
 
THE FOREGOING MINUTES had at a Regular Session of Commissioners’ Court of Williamson County, Texas, having been read are hereby approved this 17th day of September 2013.


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

By: Carolyn Deibler, Deputy


    

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