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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 8th day of August 2017, the Burnet County Commissioners Court met in regular session. The following members of the court were present:
Present:
County Judge James Oakley; Commissioner Precinct 1 Jim Luther, Jr.; Commissioner Precinct 2 Russell Graeter; Commissioner Precinct 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Attendees:
Stephanie McCormick, Comm. Court Coordinator; Karen Hardin, County Auditor; Janet Parker, County Clerk
 
AGENDA
1.  Call to Order
 
2. Invocation.
 
3. Pledge of Allegiance to the flags.
 
4.  Public Comments.  Any person with business before the Commissioner’s Court not scheduled on the   agenda may speak to the Court.  No formal action can be taken on these items at this meeting. Comments regarding specific agenda items should occur when the item is called.  There is a 2 minute speaking limit. 
 
5.  Discussion and/or action regarding an scrivner’s error on a re-plat agreed to in the July 25th Comm. Court meeting on Lots 178,179,180, and 181 into Lot 178-A, Donall Estates.
 
6.  Discussion and/or action regarding a variance request from the Burnet County Subdivision Regulations by John D. Peterson for an approximate 2.5 acre tract out of 24.488 acre tract in the ABS A0321 W.W. Frazier Svy., BCAD # 50591, Burnet County, Texas.
 
7.  Discussion and/or action regarding the Re-plat of Lots 25,26, and 27, Granite Hills, Phase One, as shown on Cab. 2, Slide 25C of the Plat records of Burnet County to be known as Lot 25A, Granite Hills, Phase 1.
 
8.  Discussion and/or action regarding filing a formal complaint with the Public Utility Commission concerning the numerous interruptions in phone service, also effecting our 911 system.
 
9.  Discussion and/or action concerning an update on the Herman Brown Free Library expansion project.
 
10.  Discussion and/or action regarding ESD 9 Commissioner appointment.
 
11.  Discussion and/or action regarding the Re-plat of Lots 12, 13, 30, 31, 39, 40 and 49, 7 Creeks Ranch, recorded in Document # 201703772, O.P.R.B.C.T.
 
12.  Discussion and/or action concerning a letter of Map Revision Request for the Colorado River at Buchanan Dam and Inks Lake.
 
13.  Discussion and/or action concerning the acceptance of a deed for the Lampasas Radio Tower Site.
 
14.  Discussion and/or action on a request to waive penalty and interest on Lots 40 and 41, Green Briar, Sherwood Shores by Gregory Jones.
 
15.  Discussion concerning the Nomination of Candidates for Burnet Central Appraisal District Board of Directors.  Nominations due by October 15, 2017.
 
16.  Discussion and/or approval of an Order for Reimbursement with proceeds of future debt in the amount of $453,792.35.
 
17.  Discussion and/or action regarding the FY 2018 Budget.
 
18.  Discussion and/or action regarding the Burnet County proposed 2017-2018 budget and notification of date, time and place of the Open Public Meeting on said budget.
 
19.  Discussion and/or action regarding consideration and approval concerning budget line item transfers.
 
20.  Discussion and/or action concerning the 1115 waiver project with Baylor Scott & White.
 
21.  Executive Session.  Discussion with Burnet County Commissioner’s Court and the County Civil Attorney(s) and/or the County Attorney in accordance with Texas Government Codes 551.071.  The Commissioners Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections:  551/071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues), 551.0725 (Contracts being negotiated).               
                                   
22. Reconvene in Open Session.
 
23. Discussion and/or action regarding items discussed in Executive Session and take up for consideration and possible action, pursuant to Chapter 262, Texas Local Government Code.
 
24.  Discussion and/or action regarding Department Updates:
            a. Collections & Scofflaw 
            b. Emergency Management: to inform court about LEPC exercise on October 6, 2017
 
25.   Acknowledgement of Receipt:
            a. The Texas MIS Summary
            b. Notice of Annexation
            c. 2018 Adopted Burnet Central Appraisal District
 
26.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
        a.   Notification of 90 day grant extension for FY17 Auto Burglary and Theft Prevention authority (ABTPA) for HOTATTF.  New grant period is 9/1/16 – 11/30/17 with expense reports due as 5th quarter, no later than January 15, 2018.  Grant budget adjustments will be submitted to ABTPA for approval, as necessary.  No official action by the court is necessary at this time.
        b.  Approval for VETRIDE to apply for the Highland Lakes Legacy Fund 2017 grant for $2,500.00 (McCoy, Hardin)
        c.  Permission to apply for FY2018  Body Armor Grant program with the Office of the Governor, Criminal Justice Division for $17,500.00 for Sheriff’s office and for constables.
        d.  Approval of a one year lease agreement with Lone Star Land Partners for lease of 2.10 acres of County Land
        e.  Approval of yearly renewal of Facility Dude contract
        f.  Approval of West Law Contract for County Court at Law
        g.  Ratification of a contract with AAA Waste Away
        h.  Change Order for the remodel of the elections building
        i.  Discussion and/or action regarding a resolution to authorize county grant to Williamson Burnet County Opportunities for $5,400.00 from Texas Department of Agriculture Texans Feeding Texans, to provide home-delivered meals to homebound persons in the county who are elderly and/or have a disability and certifying that the county has approved their accounting system or fiscal agent.
        j.  Accept and approve interlocal contract #16-12-03 – Amendment #1 for FY2017 Solid Waste Equipment and Services for additional funds of $1,740.66.  Review and approve FY 2016/2017 Application Resolution for CAPCOG to apply for the additional funds.

27.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
           a.  Results of bid opening held on August 1, 2017 for the paving of approximately 2.41 miles of County Road 116 in Burnet County
           b.  Approval to go out for bids for governmental financing 
 
28.  The following items are part of the Consent Agenda and require no deliberation by the Commissioner’s Court.  Any item from this agenda may be considered separately:
            1. Consideration and approval of any pending personnel issues within the policy.
            2.  Payroll approval.
            4.  Consideration and approval concerning budget amendments.
            5.  Consideration and authorization of payment of claims previously approved by the County Auditor.
            6.  Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
            7.  Consideration and approval regarding Departmental equipment requests and/or property transfers.
            8.  Correspondence.
 
29.  Discussion regarding any previous agenda items.
 
30.  Calendar Review.
 
31.  Adjournment.


 
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation
Commissioner Precinct 4 Joe Don Dockery gave the invocation.
 
Item #3:
Pledge

The court led the Pledge of Allegiance to the United States and Texas Flags.
 
Item #4:
Comments
Lonny Hocker, Citizen, addressed the court concerning County Road 330 and the construction area on this road.
 
Item #5:
Donall Estates
The court discussed an scrivner’s error on a re-plat agreed to in the July 25th Comm. Court meeting on Lots 178,179,180, and 181 into Lot 178-A, Donall Estates. Danny Stark, Cuplin and Associates, presented the corrected re-plat to the court.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve a scrivner’s error on a re-plat agreed to in the July 25th Comm. Court meeting on Lots 178,179,180, and 181 into Lot 178-A, Donall Estates.

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Map Revision Request for the Colorado River at Buchanan Dam and Inks Lake
The court discussed a letter of Map Revision Request for the Colorado River at Buchanan Dam and Inks Lake. Herb Darling, Environmental Services, recommends Burnet County supporting the study.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a letter of Map Revision Request for the Colorado River at Buchanan Dam and Inks Lake.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #4:
Comments
Judge Oakley recognized Andi Ball with Congressman Roger Williams Office was in attendance.
 
Item #6:
John D. Peterson Request
The court discussed a variance request from the Burnet County Subdivision Regulations by John D. Peterson for an approximate 2.5 acre tract out of 24.488 acre tract in the ABS A0321 W.W. Frazier Svy., BCAD # 50591, Burnet County, Texas. Herb Darling, Environmental Services, presented the request to the court.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve a variance request from the Burnet County Subdivision Regulations by John D. Peterson for an approximate 2.5 acre tract out of 24.488 acre tract in the ABS A0321 W.W. Frazier Svy., BCAD # 50591, Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #7:
Re-Plat of Lots 25,26 and 27, Granite Hills, Phase One
The court discussed the re-plat of Lots 25,26, and 27, Granite Hills, Phase One, as shown on Cab. 2, Slide 25C of the Plat records of Burnet County to be known as Lot 25A, Granite Hills, Phase 1. Greg Mayes, Cuplin and Associates, and Herb Darling, Environmental Services, presented the re-plat to the court.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the re-plat of Lots 25,26, and 27, Granite Hills, Phase One, as shown on Cab. 2, Slide 25C of the Plat records of Burnet County to be known as Lot 25A, Granite Hills, Phase 1.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #8:
Formal Complaint with Public Utility Commission
The court discussed filing a formal complaint with the Public Utility Commission concerning the numerous interruptions in phone service, also effecting our 911 system.

Judge Oakley is concerned with the intermittent phone service.

Connie Morris, Technology Director, addressed the court and stated Burnet County is having issues with Frontier Services.

Judge Oakley will be asking the County Attorney's Office to voice the County's concern with the Public Utility Commission.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Russell Graeter to approve the County Attorney to develop communication in the form of a formal complaint with the Public Utility Commission concerning the numerous interruptions in phone service, also effecting our 911 system.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #11:
Re-Plat of Lots 12,13,30,31,39,40 and 49, 7 Creeks Ranch
The court discussed the re-plat of Lots 12, 13, 30, 31, 39, 40 and 49, 7 Creeks Ranch, recorded in Document # 201703772, O.P.R.B.C.T. Brett Burton, Cuplin and Associates, and Herb Darling, Environmental Services, presented the re-plat to the court.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the re-plat of Lots 12, 13, 30, 31, 39, 40 and 49, 7 Creeks Ranch, recorded in Document # 201703772, O.P.R.B.C.T.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #10:
ESD 9 Commissioner Appointment
The court discussed an ESD 9 Commissioner appointment.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to appoint Rene Hollingsworth to ESD 9 and to accept the resignation of Cole Esslin from ESD 9

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Lampasas Radio Tower Site
The court discussed the acceptance of a deed for the Lampasas Radio Tower Site.

Jim Barho, Emergency Management Coordinator, presented the deed from Lampasas County for a one acre site plus an easement to the site.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept the deed and easement from Lampasas County.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #24:
Department Updates
The court heard Department Updates:
            a. Collections & Scofflaw
            b. Emergency Management: to inform court about LEPC exercise on October 6, 2017

Item B - Jim Barho, Emergency Management Coordinator, stated Burnet County received a $75,000 grant to perform an LEPC exercise along with equipment that was purchased. The grant also requires Burnet County to notify the public of hazardous material spills. The LEPC exercise will be held on October 6, 2017 from 7:30 a.m. to 1:00 p.m. in Burnet at the Community Center. This will be a tabletop exercise with sixty participants at the table.

Herb Darling, Environmental Services, reported Judge Oakley has lifted the burn ban as of August 8, 2017. Mr. Darling reported to the court of continued development county wide with an increase in R.V. parks and micro houses. He also stated that public nuisances continue to be a problem and CAPCOG is going to assist in looking for grants.

Item A - Stephanie McCormick, Collections, addressed the scofflaw and reported MBVA is collecting for JP 1&2. Judge Oakley would like to continue this program and explore other collection options.

Stephanie McCormick, Tourism, gave an update on the recent media tour.

Sheriff Calvin Boyd reported the renovation is almost complete at the Sheriff's Office. Sheriff Boyd also reported on the Llano County Jail who is addressing overcrowding and jail issues. Burnet County currently has a jail population of 525 as of last week.
 
Item #9:
Herman Brown Free Library
The court discussed an update on the Herman Brown Free Library expansion project.

Judge Oakley reported the project is in the "punch list" phase and should be completed within the next three weeks.
 
Item #14:
Gregory Jones Request
The court discussed a request to waive penalty and interest on Lots 40 and 41, Green Briar, Sherwood Shores by Gregory Jones.

Stan Hemphill, County Appraiser, addressed the court concerning the penalties in the amount of $680.42 and $71.62.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Russell Graeter to approve a request to waive penalty and interest on Lots 40 and 41, Green Briar, Sherwood Shores by Gregory Jones.

After further discussion Commissioner Precinct 4 Joe Don Dockery rescinded his motion and Commissioner Precinct 2 Russell Graeter rescinded his second.

No action was taken.

Attachments:
 
Item #15:
Nomination of Candidates for Burnet Central Appraisal District Board of Directors
The court discussed the Nomination of Candidates for Burnet Central Appraisal District Board of Directors.  Nominations are due by October 15, 2017.

Stan Hemphill, County Appraiser, stated to the court the Directors serve a two year term beginning January 2018. The requirements are to meet once a quarter, but typically meet once a month and last approximately one hour during the day.
Attachments:
 
Recess
The court recessed at 10:10 a.m.
 
Reconvene
The court reconvened in open session at 10:30 with all members present.
 
Item #16:
Order for Reimbursement
The court discussed an Order for Reimbursement with proceeds of future debt in the amount of $453,792.35.

Karen Hardin, County Auditor, reported to the court this is our annual reimbursement request.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Russell Graeter to approve an Order for Reimbursement with proceeds of future debt in the amount of $453,792.35.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Budget Line Item Transfers
The court discussed consideration and approval concerning budget line item transfers.
 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve all Line Item Transfers.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #20:
1115 Waiver Project with Baylor Scott & White
The court discussed the 1115 waiver project with Baylor Scott & White.

Karen Hardin, County Auditor, stated to the court this does not require funding from Burnet County this year and is for expanded services to the tax payers.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the 1115 waiver project with Baylor Scott & White contingent upon the agreement meeting the approval of the County Attorney, Auditor and the District Attorney.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Budget Line Item Transfers
The court discussed consideration and approval concerning budget line item transfers.

Judge Oakley questioned a line item transfer from the Marble Falls Library concerning a membership card printer in the amount of $2600.

No action was taken and the transfer stands as approved.
 
Item #21:
Executive Session
No action was taken.
 
Item #22:
Reconvene in Open Session
No action was taken.
 
Item #23:
Items Discussed in Executive Session
No action was taken.
 
Item #25:
Acknowledgement of Receipt
The court made an Acknowledgement of Receipt:
            a. The Texas MIS Summary
            b. Notice of Annexation
            c. 2018 Adopted Burnet Central Appraisal District Budget
 
 
Item #26:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
       a.  Notification of 90 day grant extension for FY17 Auto Burglary and Theft Prevention authority (ABTPA) for HOTATTF.  New grant period is 9/1/16 – 11/30/17 with expense reports due as 5th quarter, no later than January 15, 2018.  Grant budget adjustments will be submitted to ABTPA for approval, as necessary.  No official action by the court is necessary at this time.
      b.  Approval for VETRIDE to apply for the Highland Lakes Legacy Fund 2017 grant for $2,500.00.
      c.  Permission to apply for FY2018  Body Armor Grant program with the Office of the Governor, Criminal Justice Division for $17,500.00 for Sheriff’s office and for Constables.
      d.  Approval of a one year lease agreement with Lone Star Land Partners for lease of 2.10 acres of County Land
      e.  Approval of yearly renewal of Facility Dude contract
      f.  Approval of West Law Contract for County Court at Law
      g.  Ratification of a contract with AAA Waste Away
      h.  Change Order for the remodel of the elections building
       i.  Discussion and/or action regarding a resolution to authorize county grant to Williamson Burnet County Opportunities for $5,400.00 from Texas Department of Agriculture Texans Feeding Texans, to provide home-delivered meals to homebound persons in the county who are elderly and/or have a disability and certifying that the county has approved their accounting system or fiscal agent.
       j.  Accept and approve interlocal contract #16-12-03 – Amendment #1 for FY2017 Solid Waste Equipment and Services for additional funds of $1,740.66.  Review and approve FY 2016/2017 Application Resolution for CAPCOG to apply for the additional funds.

Item D was removed from the agenda.

Item C had an additional request added to this grant and should increase the $17, 500.00 requested.

Karen Hardin, County Auditor, added an additional contract with Simplex Grinnell. Judge Oakley recommends removing this contract until an amount is given.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve contracts and agreements with the exception of item d and including the amendment to item c with the minimum amount of the grant request being $17,500.00.

Vote: 5 - 0 Passed - Unanimously

 
Item #27:
Call for Bids/Requests for Proposals/Qualifications
The court discussed Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
      a..  Results of bid opening held on August 1, 2017 for the paving of approximately 2.41 miles of County Road 116 in Burnet County
      b.  Approval to go out for bids for governmental financing 

Item a received six bids, Greg Haley, Consulting Engineer, recommends the low bid received from Lone Star Paving Company.

Motion is made by: Commissioner Precinct 1 Jim Luther Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to award the bid to Lone Star Paving in the amount of $276,780.75.
Vote: 5 - 0 Passed - Unanimously
 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a call for bids for governmental financing.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #26:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified.

Karen Lester, County Auditor, added an additional contract with Simplex Grinnell for fire alarm system maintenance in the amount of $22,696.78.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a contract with Simplex Grinnell in the amount of $22,696.78.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #28:
Consent Agenda
The court discussed Consent Agenda and require no deliberation by the Commissioner’s Court.  Any item from this agenda may be considered separately:
            1. Consideration and approval of any pending personnel issues within the policy.
            2.  Payroll approval.
            4.  Consideration and approval concerning budget amendments.
            5.  Consideration and authorization of payment of claims previously approved by the County Auditor.
            6.  Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
            7.  Consideration and approval regarding Departmental equipment requests and/or property transfers.
            8.  Correspondence.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve the consent agenda.

Vote: 5 - 0 Passed - Unanimously

 
Item #29:
Previous Agenda Items
No action was taken.
 
Item #30:
Calendar Review
The court discussed calendar review.
 
Item #18:
Burnet County Proposed 2017-2018 Budget & Notification of Date, Time and Place of the Open Public Meeting
No action was taken.
 
Item #30:
Calendar Review
The court discussed calendar review.
 
Item #17:
FY2018 Budget
The court discussed the FY2018 Budget.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the FY2018 proposed budget with caviots for Road and Bridge and any other changes that may need to be made in the future.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Burnet County Proposed 2017-2018 Budget & Notification of Date, Time and Place of the
Open Public Meeting
The court discussed the Burnet County proposed 2017-2018 budget and notification of date, time and place of the Open Public Meeting on said budget.

Karen Hardin, stated to the court the Salary Grievance paperwork will go out August 10, 2017 and the committee would meet August 18, 2017 at 9:00 a.m. if a grievance is filed. Mrs. Hardin also gave the following dates :

August 22, 2017 - First hearing at 11 a.m. if the effective tax rate is to be increased.
August 29, 2017 - second hearing at 9 a.m.
September 12, 2017 - set and adopt the budget at 11:00 a.m.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve the dates for adoption of the FY2018 Budget.

Vote: 5 - 0 Passed - Unanimously

 
Item # :
Adjournment
Judge Oakley adjourned the meeting at 11:35 a.m.