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Agenda for Commissioners Court - Regular Session

NOTICE TO THE PUBLIC
WILLIAMSON COUNTY COMMISSIONER'S COURT
DECEMBER 6TH, 2016 
9:30 A.M.

The Commissioner's Court of Williamson County, Texas will meet in regular session in the Commissioner's Courtroom, 710 Main Street, in Georgetown, Texas to consider the following items:
 
1.
Review and approval of minutes.
 
2.
Consider noting in minutes any off right-of-way work on any County road done by Road & Bridge Division.
 
 
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.

 
 
4.
Citizen comments. Except when public hearings are scheduled for later in the meeting, this will be the only opportunity for citizen input. The Court invites comments on any matter affecting the county, whether on the Agenda or not. Speakers should limit their comments to three minutes. Note that the members of the Court may not comment at the meeting about matters that are not on the agenda.
 
 
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 – 13 )
 
5.
Discuss, consider and take appropriate action on a line item transfer for Animal Services.
 

Fiscal Impact


6.
Discuss, consider, and take appropriate action on a line item transfer for the County Attorney's Office.
 

Fiscal Impact


7.
Discuss, consider and take appropriate action on authorizing the disposal of various county assets through auction including (17) Pelican equipment cases, (7) File cabinets and (3) Chairs (see attached lists) pursuant to Tx. Local Gov't code 263.152.
 

Attachments

 
8.
Discuss, consider and take appropriate action on approving compensation changes, position titles changes, position grade changes and any corresponding line item transfers.
 

Attachments

 
9.
Discuss, consider and take appropriate action on replacing the original rate sheet that was included as Exhibit "D" of the previously approved Contract for CR 119 Engineering Services between Williamson County and Stantec Consulting Services, Inc. relating to the 2013 Road Bond Program with a corrected rate sheet.
 

Attachments

 
10.
Receive and acknowledge Work Authorization No. 7 under Williamson County Contract for Engineering Services between PaveTex Engineering and Testing Inc. and Williamson County dated February 10, 2015 for On Call Geotechnical and Lab Testing Services for Williamson County Road and Bridge. 
 

Attachments

 
11.
Receive and acknowledge Work Authorization No. 5 under Williamson County Contract for Surveying Services between Walker Texas Surveyors, Inc. and Williamson County dated February 18, 2015 for on call survey services at various locations for Williamson County Road and Bridge. 
 

Attachments

 
12.
Receive and acknowledge Supplemental Work Authorization No. 3 under Williamson County Contract between Walker Texas Surveyors, Inc. and Williamson County dated February 18, 2015, for Survey services for CR 225.  This supplemental is to increase the maximum amount payable to $47,330.00. 
 

Attachments

 
13.
Discuss, consider, and take appropriate action on approval of the final plat for the Sonterra West Section 7 Phase 3 subdivision - Pct 3
 

Attachments

 
REGULAR AGENDA
 
14.
Hear presentation on the Texas County Engineer/Road Administrator of the Year Award honoring Joe England.
 
15.
Discuss and take appropriate action on the recognition of Wanda Ivicic, Williamson County Attorney Chief Victim Assistance Coordinator for receiving the Professional Victim Assistance Coordinator award from Texas District and County Attorney's Association. Wanda is one of only three Victim Assistants who have achieved the recognition this year in the State of Texas.
 
16.
Discuss, consider and take appropriate action on the Department of Infrastructure projects and issues update.
 
17.
Discuss, consider, and take appropriate action regarding a Utility Reimbursement Agreement with Pedernales Electric Cooperative (PEC) regarding utility adjustments on Seward Junction Southeast, a Road Bond Project in Commissioner Pct. 2.
 

Attachments

 
18.
Discuss, consider, and take appropriate action regarding a Utility Reimbursement Agreement with Charter/Spectrum utility adjustments on CR 110 South, a Road Bond Project in Commissioner Pct. 4.
 

Attachments

 
19.
Reimbursement Agreement between Charter/Spectrum and Williamson County for utility relocations on Seward Junction Southeast, a Road Bond Project in Commissioner Pct. 2.
 

Attachments

 
20.
Discuss, consider, and take appropriate action on the Williamson County Landfill Annual Report for fiscal year 09-01-2015 to 08-31-2016
 

Attachments

 
21.
Discuss, Consider and take appropriate action on a Roadway Construction, Phasing and Vacation Agreement with Larkspur Community Development Inc. and Williamson County Municipal Utility District no. 32 regarding the Bar W Ranch project. 
 

Attachments

 
22.
Discuss, consider and take appropriate action on a Real Estate Contract with Michael and Patricia Giesen for 4.627 AC on CR 138. 
 

Attachments

 
23.
Discuss, consider and take appropriate action on a Rule 11 and Settlement Agreement with Mustang Storage LLC for right of way needed on CR 110 South (Parcel 26S)
 

Attachments

 
24.
Discuss, consider and take appropriate action on a letter agreement with Jerry McNair regarding the Forest North Drainage Improvements. 
 

Attachments

 
25.
Discuss, consider, and take appropriate action to approve a service agreement with Suddenlink for internet broadband to support county IT operations pursuant to Tex. Loc. Gov't Code § 262.024(a)(7)(C).
 

Attachments

 
26.
Discuss, consider and take appropriate action approving payment to Almanza, Blackburrn & Dickie, LLP for attorney's fees incurred by County Judge Dan A. Gattis in relation to representation of Judge Gattis during the trial phase of the case  of Lloyd v. Birkman et al, Civil Action No. 1:13-cv-505, In The United States District Court For the Western District of Texas – Austin Division ( Invoice # 32158 Attached to Item).
 

Attachments

 
27.
Discuss, consider and take appropriate action on Executive Committee appointments for CAPCOG (Capital Area Council of Governments).
 
28.
Discuss, consider and take appropriate action on an increase to the Commissioner Precinct Two budget for PCN #1674.
 
29.
Discuss, consider, and take appropriate action on a line item transfer for Commissioner Precinct Two office.
 

Fiscal Impact


30.
Discuss, consider, and take appropriate action on authorizing the renewal of Texas Association of Counties Risk Management Pool (TAC RMP) Contract for Workers' Compensation for the same terms and conditions as the existing Contract, for the term of January 1, 2017 - January 1, 2018, but with a 1.5% decrease in the rate, but due to an increase in payroll, the rate reflects the higher dollar amount of $651,901.00.
 

Attachments

 
31.
Discuss, consider and take appropriate action to approve the purchase of 3 Ford Trucks for Road and Bridge Department, for a total of $72,861. These vehicles should have been included in the request for approval along with the 5 trucks on the Court agenda 11-29, Item #46, that was approved. 
 

Attachments

 
32.
Discuss, consider and take appropriate action to authorize the service contract with Hellas Construction, for the Parks Department for resurfacing, striping and crack repair for tennis courts at the Southwest Williamson County Regional Park, through the BuyBoard Contract #476-15.
 

Attachments

 
33.
Discuss, consider and take appropriate action for the Purchasing Agent to advertise for qualifications from firms to assist the Parks Department with the design and development of the Recreational Vehicle (RV) Park, Phase II, at the Expo Center under RFQ 1611-128.
 

Attachments

 
EXECUTIVE SESSION
"The Commissioners Court for Williamson County reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections 551.071 (Consultations with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices) and 551.087 (Deliberations regarding Economic Development Negotiations)."
 
34.
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.
    b)    Discuss Pearson Road District.
    c)    Discuss North Woods Road District.
    d)    Project Fiji
    e)    Leander Medical Center
    f)    Project Monkey
 
35.
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.)
A.    Real Estate Owned by Third Parties
1. Preliminary discussions relating to proposed or potential purchase or lease of property owned by third parties
    a)    Discuss proposed acquisition of property for right-of-way for Mays St. Extension 
    b)    Discuss proposed acquisition of property for proposed SH 29 project.
    c)    Discuss proposed acquisition of property for SW 183 and SH 29 Loop. 
    d)    Discuss possible acquisition of property with endangered species for mitigation purposes.
    e)    Discuss the acquisition of real property: CR 101
    f)    Discuss the acquisition of real property: IH-35 at Ronald Reagan Blvd.
    g)    Discuss the acquisition of real property: CR 111
    h)    Discuss the acquisition of real property for proposed CR 110 project. (All sections)
    i)    Discuss the acquisition of real property: landfill properties
    j)    Discuss the acquisition of real property: Inner Loop.
    k)    Discuss the acquisition of real property for County Facilities.
    l)    Discuss the acquisition of real property for DB Wood Rd. (Sneed Loop)
    m)    Discuss the acquisition of real property on CR 305. 
    n)    Discuss the acquisition of Easement interests for the Brushy Creek Trail Project. 
    o)    Discuss the acquisition of real property: Arterial H
    p)    Discuss the acquisition of easements on the Forest North project.
    q)    Discuss potential acquisition of property located at NEC of Toll 130 and Gattis School Rd. 
    r)    Discuss utilities for CR  305 at IH 35 and Reagan at IH35 projects.
    s)     Discuss easement acquisitions from San Gabriel River Ranch Subdivision.
    t)    Discuss options for ingress and egress regarding access to Cedar Hollow Subdivision.
    u)    Discuss the acquisition of real property for CR 138.
    v)    Discuss the acquisition of real property for Lakeline Blvd.
    x)    Discuss the acquisition of real property for US 183.

B.    Property or Real Estate owned by Williamson County
1). Preliminary discussions relating to proposed or potential sale or lease of property owned by the County
    a)    Discuss County owned real estate containing underground water rights and interests.
    b)    Discuss possible sale of 183 A excess right of way
    c)    Discuss proposed sale of real estate of Blue Springs Blvd
    d)    Discuss proposed sale of excess right of way on CR 107

C.    Consider intervention in lawsuit regarding de-listing of Bone Cave harvestman. 
 
36.
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) 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
d) Employee/personnel related matters
e) 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.
e)  Cause No. 15-0064-C277, Gordon v. Dollahite et al, In The District Court of Williamson County, Texas, 277th District
f)  County Road 241 utility and Right-of-Way Issues and matters;
g)  Civil Action No. 1:15-cv-431; Herman Crisp v. Williamson County, et al; In the USDC-WD-Austin Division
h) Carolyn Barnes, et al v. Texas Attorney General, et al; Cause # D-1-GN-15-000877, in the 419 th Judicial District Court of Travis County
i)  Appeal of IRS Proposed Worker Classification Changes and Proposed Tax Adjustments 2011 -2013; and Payment of Disputed Employment Taxes Pending Appeal
j)  Potential claims and litigation against Volkswagen and Audi related to Volkswagen and Audi emission control systems on diesel engine vehicles in the period 2009 – 2015
k)  Discuss proposed acquisition of property for SW 183 and SH 29 Loop
l)  Claims of Texas Association for Children and Families
m)  Civil Action; American Stewards of Liberty, et al. v. Sally Jewell, et al., In the Western District Court, Western District of Texas, Austin Division
n)  Legislative changes to firearms laws and possession of firearms on county property
o)  Civil Action No. A-14-CV-986-DAE, Walter Chad Troutman v. Williamson County and its Sheriff's Department, In The United States District Court For The Western District Of Texas, Austin Division
p)  LCRA's proposed Leander to Round Rock 138k-V Transmission Line Project including but not limited to filing as an intervenor.
q)  Notice of claim and demand of Morgan Lee Roach.
r)  Labor and employment law review of Employee Policy Manual provisions and amendments.
s)  Berry Springs Park and Preserve pipeline
t)  Discuss subrogation claims related to medical claims incurred during the County's contract with Allegiance Benefit Plan Management (TPA).
u) Discuss requirements related to health benefit plan.
v) Case No. 1:16-cv-00505-LY, Saturn v. Barnett et al, In The United States District Court For The Western District of Texas-Austin Division
w) Cause No. 3SC-15-0150, Saturn v. Estate of Billy Maddox et al et al, In The Justice Court, Precinct 3, Williamson County, Texas
x)  Suit for declaratory judgment by the County Attorney's Office on behalf of Emergency Services to challenge the Attorney General's ruling in AG Letter Ruling No. OR2016-14927.
y)  Civil Action No. 1:16-cv-1023 LY, Brian Carrier v. Lt. McKnight, et al, In The United States District Court For The Western District Of Texas, Austin Division
 
37.
 
38.
 
REGULAR AGENDA (continued)
 
39.
Discuss and take appropriate action concerning economic development.
 
40.
Discuss and take appropriate action concerning real estate.
 
41.
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) 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
d) Employee/personnel related matters
e) 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.
f)  Cause No. 15-0064-C277, Gordon v. Dollahite et al, In The District Court of Williamson County, Texas, 277th District
g)  County Road 241 utility and Right-of-Way Issues and matters;
h)  Civil Action No. 1:15-cv-431; Herman Crisp v. Williamson County, et al; In the USDC-WD-Austin Division
i)  Carolyn Barnes, et al v. Texas Attorney General, et al; Cause # D-1-GN-15-000877, in the 419 th Judicial District Court of Travis County
j)  Discuss, consider and take appropriate action regarding possible appeal of IRS Proposed Worker Classification Changes and Proposed Tax Adjustments 2011 -2013; and approval of payment of disputed employment taxes pending appeal
k)  Potential claims and litigation against Volkswagen and Audi related to Volkswagen and Audi emission control systems on diesel engine vehicles in the period 2009 – 2015
l)  Discuss proposed acquisition of property for SW 183 and SH 29 Loop
m)  Claims of Texas Association for Children and Families
n)  Civil Action; American Stewards of Liberty, et al. v. Sally Jewell, et al., In the Western District Court, Western District of Texas, Austin Division
o)  Action regarding legislative changes to firearms laws, to include but not be limited to the adoption and implementation of regulations and policies relating to the possession of firearms on and within Williamson County property and facilities.
p)  Civil Action No. A-14-CV-986-DAE, Walter Chad Troutman v. Williamson County and its Sheriff's Department, In The United States District Court For The Western District Of Texas, Austin Division
q)  LCRA's proposed Leander to Round Rock 138k-V Transmission Line Project including but not limited to filing as an intervenor.
r)  Notice of claim and demand of Morgan Lee Roach.
s)  Berry Springs Park and Preserve pipeline
t)  Discuss, consider, and take appropriate action regarding the handling, including but not limited to, the negotiating and approval of settlement offers, of subrogation claims related to medical claims incurred during the County's contract with Allegiance Benefit Plan Management (TPA).
u)  Discuss requirements related to health benefit plan.
v) Case No. 1:16-cv-00505-LY, Saturn v. Barnett et al, In The United States District Court For The Western District of Texas-Austin Division
w) Cause No. 3SC-15-0150, Saturn v. Estate of Billy Maddox et al et al, In The Justice Court, Precinct 3, Williamson County, Texas
x) Suit for declaratory judgment by the County Attorney's Office on behalf of Emergency Services to challenge the Attorney General's ruling in AG Letter Ruling No. OR2016-14927.
y)  Civil Action No. 1:16-cv-1023 LY, Brian Carrier v. Lt. McKnight, et al, In The United States District Court For The Western District Of Texas, Austin Division
 
42.
 
43.
Comments from Commissioners.
 

_________________________
Dan A. Gattis, County Judge


This notice of meeting was posted in the locked box located on the south side of the Williamson County Courthouse, a place readily accessible to the general public at all times, on the ______ day of ________, 2016 at ________ and remained posted for at least 72 continuous hours preceding the scheduled time of said meeting.