County of Burnet {} On this the 26th day of September 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
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 the Proclamation for National 4-H Week.
6. Discussion and/or action regarding the final plat approval for The Ranches at Blackbuck Ridge, a private subdivision consisting of 115 lots on 767.85 acres out of various surveys.
7. Discussion and/or action regarding a Re-plat of lots 14-A and 14-B, Granite Shoals Subdivision No. 1, Burnet County, Texas.
8. Discussion and/or action regarding a Public Hearing on the re-plat of Lot 55 of Lookout Mountain West, Plat No. 1.1, Burnet County, Texas, recorded in Cabinet 4, Slides 59C through 60D, Plat Records, Burnet County, Texas to be known as “Lookout Mountain West, Plat No. 1.2, Burnet County, Texas, followed by discussion and action on the same. The owner of the lot 55 is forming 0.12 acre Common Area Lot 55-B out of a portion of Lot 55 to contain the existing Mail Drop Station for Lookout Mountain Subdivision. The remaining 0.53 acre portion of Lot 55, to be known as Lot 55-A, contains a house which is to be sold.
9. Discussion and/or action regarding the release of Subdivision Completion Bonds #0657427, 0688467 and 0688491 for The Ranches at Canyon Creek, Phases 1, 2 and 3 and the acceptance of Maintenance Bonds #0657427-M 0688467-M and 0688491-M for the maintenance requirements of The Ranches at Canyon Creek, Phases 1, 2 and 3.
10. Discussion and/or action regarding naming a private road off CR 333 to comply with CAPCOG addressing guidelines. The road will be named Ebeling Simon Road.
11. Discussion and/or action regarding approval to apply for a grant for VETRIDE from 2018-2019 Texas Veterans Commission Fund for Veterans General Assistance. Grant period is 7/1/2018-6/30/2019.
12. Discussion and/or action regarding the approval to accept a two year continuation grant for FY 18 and FY 19 the Victim Coordinator and Liaison with the General Victim Assistance Direct Services Program with the Criminal Justice Division (CJD) of the Office of the Governor (OOG). Grant #3073002.
13. Discussion and/or action concerning a Burn Ban for the unincorporated areas of Burnet County.
14. Discussion and/or action regarding adopting floodplain information pursuant to 44 CFR 60.3, as it relates to FIRM panels 48053C0300F, 48053C0325F, 48053C0450F and 48053C0475F based on the data contained in the Letter of Map Revision Request information submitted to FEMA, case #17-06-4152P, by the Lower Colorado River Authority.
15. Discussion and/or action concerning setting the Sheriff and Constable Fees for 2018.
16. Discussion and/or approval to purchase headache racks and tool boxes for Precinct 3 Vehicles #320 and #321 from the road equipment line item. Expense to be added to the cost of the vehicles in fixed assets.
17. Discussion and/or action concerning any accounting and/or liability issues associated with Sheriff’s Office deputies engaging with relief efforts related to Hurricane Harvey.
18. Discussion and/or action concerning Tourism Funding Request for the new roofing for the Historic Fuchs House located in Burnet County and owned by the City of Horseshoe Bay.
19. Discussion and/or action concerning approval of bond for Robert James Ballard, Constable Pct. #3.
20. Discussion and/or action for the proposed policy changes approved by the H.R. Committee.
21. Discussion and/or action regarding the Review/Update to Juror Payment/Donation forms for Jurors summoned.
22. Discussion and/or approval of Proposed STEP Grants Policies and Procedures.
23. Discussion and/or action regarding a $2,000.00 participation for the BOPATE (Batteries, Oils, Paint, Antifreeze, Tires and Electronics ) event and $500 per precinct.
24. Discussion and/or action to accept $1,820,000.00 from CAPCOG/CAECD to upgrade the Western Counties Regional Radio System from Aquantar to GTR (CAECD Board Minutes Attached).
25. Discussion and/or action concerning approval to send a letter requesting a contested case hearing with reference to application to TCEQ for Proposed Air Quality Registration #148112 from Asphalt Inc. for a proposed development on 518 acres in Burnet County in the vicinity of the intersection of Hwy. 71 and Hwy. 281.
26. Discussion and/or action concerning nominations for Burnet Central Appraisal District Board of Directors.
27. Discussion and/or action concerning Appointment of Ronda Hostetter to the Burnet County Child Welfare Board.
28. Discussion and/or action to Accept Award and sign Inter-Local contract for FY 2018 Next Generation 9-1-1 Database Program for $99,624 and PSAP for $1,500 from Capital Area Emergency Communications District to coordinate implementation and collection of the Geographic Information System (GIS) on a countywide basis in accordance with the standards adopted for the Capital Area Council of Governments (CAPCOG) GIS Program.
29. Discussion and/ or approval of CR 139 Realignment Project.
30. Discussion and/or action regarding consideration and approval concerning budget line item transfers.
31. Discussion and/or action regarding Monthly open P.O.’s.
32. 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).
33. Reconvene in Open Session.
34. 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.
35. Discussion and/or action regarding Department Updates:
a. Approval of the Treasurer’s Quarterly Report – 3rd Quarter FY 17
b. Approval of the Treasurer’s Monthly Report(s) – July 2017
36. Acknowledgement of Receipt:
a. Flood Insurance Study Report and Flood Insurance Map from Federal Emergency Management Agency
37. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Interlocal Contract For Next Generation 9-1-1 Database Program
b. Lease agreement with Lone Star Land Partners LLC
c. Motorola System Purchase Agreement (Radio Systems)
d. Inter-Local with the City of Bertram and Road and Bridge #3
e. Amendment #2 to Inmate Telephone Services Agreement at the Burnet County Jail
f. Modification to the ICE Agreement
g. Agreement with Reliable Tire Disposal for the Household Hazardous Event to be held on October 14th at the Burnet County Fairgrounds
h. Intergovernmental Agreement with Horseshoe Bay Police Department
i. Ratification on a change order with Austin Materials
j. Google G Suite Contract
k. Approval to change telephone vendors for the Sheriff’s office and R&B 2 from Windstream to Frontier
38. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
a. Governmental Financing
39. 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.
3. Consideration and approval concerning budget amendments.
4. Consideration and authorization of payment of claims previously approved by the County Auditor.
5. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
6. Consideration and approval regarding Departmental equipment requests and/or property transfers.
7. Correspondence.
40. Discussion regarding any previous agenda items.
41. Calendar Review.
42. Adjournment.
Call to Order
Invocation
Pledge
The court led the Pledge of Allegiance to the United States and Texas Flags.
Comments
National 4-H Week
Kelly Tarla, Extension Agent, reported on the 4-H clubs in Burnet County. Mrs. Tarla stated there are 198 kids involved and there will now be 9 4-H Clubs in the County.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the proclamation designating October 1-7 National 4-H Week.
Vote: 5 - 0 Passed - Unanimously
CAPCOG/CAECD Upgrade
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Russell Graeter to accept $1,820,000.00 from CAPCOG/CAECD to upgrade the Western Counties Regional Radio System from Aquantar to GTR and enter into a Motorola System Purchase agreement.
Vote: 5 - 0 Passed - Unanimously
Ranches at Blackbuck Ridge
Brett Burton, Cuplin and Associates, and Herb Darling, Environmental Services, presented the final plat to the court.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a final plat for The Ranches at Blackbuck Ridge, a private subdivision consisting of 115 lots on 767.85 acres out of various surveys subject to sign-off from LCRA.
Vote: 5 - 0 Passed - Unanimously
Historic Fuchs House Funding Request
Francie Dix, Horseshoe Bay Business Alliance Inc. President, addressed the court and requested Tourism funding for replacement roofing for the Historic Fuchs House which was built in the 1880's.
Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the allocation of $10,000 from the Tourism Funds for new roofing for the Historic Fuchs House located in Burnet County and owned by the City of Horseshoe Bay.
Vote: 5 - 0 Passed - Unanimously
Re-Plat Lots 14-A & 14-B, Granite Shoal No. 1
Greg Mayes, Cuplin and Associates, and Herb Darling, Environmental Services, presented the re-plat to the court.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a re-plat of lots 14-A and 14-B, Granite Shoals Subdivision No. 1, Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Ranches at Canyon Creek Bonds
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Subdivision Completion Bonds #0657427, 0688467 and 0688491 for The Ranches at Canyon Creek, Phases 1, 2 and 3 and the acceptance of Maintenance Bonds #0657427-M 0688467-M and 0688491-M for the maintenance requirements of The Ranches at Canyon Creek, Phases 1, 2 and 3.
Vote: 5 - 0 Passed - Unanimously
Naming of Private Road Off CR 333
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the naming of a private road off CR 333 to Ebeling Simon Road to comply with CAPCOG addressing guidelines.
Vote: 5 - 0 Passed - Unanimously
Application of Grant for VETRIDE
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to apply for a grant for VETRIDE from 2018-2019 Texas Veterans Commission Fund for Veterans General Assistance. Grant period is 7/1/2018-6/30/2019.
Vote: 5 - 0 Passed - Unanimously
Continuation Grant for FY 18 and FY 19 the Victim Coordinator and Liaison
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the acceptance of a two year continuation grant for FY 18 and FY 19 the Victim Coordinator and Liaison with the General Victim Assistance Direct Services Program with the Criminal Justice Division (CJD) of the Office of the Governor (OOG). Grant #3073002.
Vote: 5 - 0 Passed - Unanimously
Burn Ban
Herb Darling, Environmental Services, recommended implementing a burn ban.
The court took no action.
Adopting Floodplain
Herb Darling, Environmental Services, presented the Letter of Map Revision Request to the court.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve adopting floodplain information pursuant to 44 CFR 60.3, as it relates to FIRM panels 48053C0300F, 48053C0325F, 48053C0450F and 48053C0475F based on the data contained in the Letter of Map Revision Request information submitted to FEMA, case #17-06-4152P, by the Lower Colorado River Authority.
Vote: 5 - 0 Passed - Unanimously
2018 Sheriff & Constable Fees
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the 2018 Sheriff and Constable Fees.
Vote: 5 - 0 Passed - Unanimously
Comments
Precinct 3 Vehicles
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the purchase of headache racks and tool boxes for Precinct 3 Vehicles #320 and #321 from the road equipment line item.
Vote: 5 - 0 Passed - Unanimously
Sheriff's Office Deputies Assisting With Hurricane Harvey Relief
Sheriff Calvin Boyd stated several deputies will be going to Aransas County on September 29th to assist with relief effort and transporting donations.
Eddie Arredondo, County Attorney, stated to the court if the deputies are performing law enforcement duties, the deputies should be paid while performing duties.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to recognize that the officers are transporting donations and recognizes the County may be paying salaries while performing law enforcement duties and that the court is requesting the Auditor to work with the Sheriff to budget for this request.
Vote: 5 - 0 Passed - Unanimously
Robert James Ballard, Constable Pct. #3 Bond
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a bond for Robert James Ballard, Constable Pct. #3.
Vote: 5 - 0 Passed - Unanimously
H.R. Committee
Karen Hardin, County Auditor, presented the policy changes to the court.
Motion is made by: Judge Oakley, seconded by Commissioner Precinct 2 Russell Graeter to approve.
Judge Oakley rescinded his motion and Commissioner Precinct 2 Russell Graeter rescinded his second.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the proposed policy concerning holidays as recommended by the H.R Committee.
Vote: 5 - 0 Passed - Unanimously
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Russell Graeter to approve the proposed policy concerning overtime pay as recommended by the H.R Committee.
No action was taken on the proposed time clock rounding policy.
Juror Payment/Donation Forms
Karrie Crownover, Treasurer, stated to the court we are mandated to select three charities for the donation option list. Mrs. Crownover proposes to select four and rotate quarterly.
Commissioner Precinct 2 Russell Graeter suggested adding Boys and Girls Club. Judge Oakley and Commissioner Precinct 4 Joe Don Dockery suggested adding the 100 Club.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve adding the 100 Club and the Boys and Girls Club to the Juror Payment/Donation list and rotating five and five for all the charities.
Vote: 5 - 0 Passed - Unanimously
Department Updates
a. Approval of the Treasurer’s Quarterly Report – 3rd Quarter FY 17
b. Approval of the Treasurer’s Monthly Report(s) – July 2017
Karrie Crownover, Treasurer, presented the reports to the court.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Quarterly and Monthly Reports.
Vote: 5 - 0 Passed - Unanimously
H.R Committee
The court approved the overtime and holiday changes, but did not adopt the rounding policy.
Motion is made by Commissioner Precinct 3 Billy Wall to allow the flexibility within each department that chooses to round.
Motion was withdrawn.
No action was taken.
Re-Plat Lot 55 Lookout Mountain West
Don Sherman, Willis Sherman and Associates, presented the re-plat to the court.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the re-plat of Lot 55 of Lookout Mountain West, Plat No. 1.1, Burnet County, Texas, recorded in Cabinet 4, Slides 59C through 60D, Plat Records, Burnet County, Texas to be known as “Lookout Mountain West, Plat No. 1.2, Burnet County, Texas."
Vote: 5 - 0 Passed - Unanimously
Proposed STEP Grants Policies and Procedures
Captain Chris Jett, presented the policies and procedures to the court for TXDOT Step Grant funding.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the proposed STEP Grants Policies and Procedures.
Vote: 5 - 0 Passed - Unanimously
BOPATE Event
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a $2,000.00 participation for the BOPATE (Batteries, Oils, Paint, Antifreeze, Tires and Electronics) event and $500 per precinct.
Vote: 5 - 0 Passed - Unanimously
Proposed Air Quality Registration #148112 from Asphalt Inc.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve sending a letter requesting a contested case hearing with reference to application to TCEQ for Proposed Air Quality Registration #148112 from Asphalt Inc. for a proposed development on 518 acres in Burnet County in the vicinity of the intersection of Hwy. 71 and Hwy. 281.
Vote: 5 - 0 Passed - Unanimously
Burnet Central Appraisal District Board of Directors Nominations
Judge Oakley announced the nominations of Dave Kithil, Paul Shell, Bobbye Hensley, Gene Broadway and Phillip Thurman.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve the nominations for Burnet Central Appraisal District Board of Directors.
Vote: 5 - 0 Passed - Unanimously
Burnet County Child Welfare Board Appointment
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the appointment of Ronda Hostetter to the Burnet County Child Welfare Board.
Vote: 5 - 0 Passed - Unanimously
Capital Area Council of Governments (CAPCOG) GIS Program
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept an award and sign Inter-Local contract for FY 2018 Next Generation 9-1-1 Database Program for $99,624 and PSAP for $1,500 from Capital Area Emergency Communications District to coordinate implementation and collection of the Geographic Information System (GIS) on a countywide basis in accordance with the standards adopted for the Capital Area Council of Governments (CAPCOG) GIS Program
Vote: 5 - 0 Passed - Unanimously
CR 139 Realignment Project
Commissioner Precinct 1 Jim Luther Jr. stated to the court monies budgeted in the amount of $30,000.00 for this project be moved over into FY2018 budget due to the project starting at the end of FY2017.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to move $30,000.00 from the FY2017 budget to the FY2018 budget for the CR 139 realignment project.
Vote: 5 - 0 Passed - Unanimously
Budget Line Item Transfers
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the line item transfers with the exception of the line item transfer from the library.
Vote: 5 - 0 Passed - Unanimously
Monthly Open P.O.'s
No action was taken.
Executive Session
Reconvene in Open Session
Items Discussed in Executive Session
Department Updates
Judge Oakley updated the court on the Maintenance Department.
Acknowledgement of Receipt
a. Flood Insurance Study Report and Flood Insurance Map from Federal Emergency Management Agency.
Contracts, Agreements or Grants
b. Lease agreement with Lone Star Land Partners LLC
d. Inter-Local with the City of Bertram and Road and Bridge #3
e. Amendment #2 to Inmate Telephone Services Agreement at the Burnet County Jail
f. Modification to the ICE Agreement
g. Agreement with Reliable Tire Disposal for the Household Hazardous Event to be held on October 14th at the Burnet County Fairgrounds
h. Intergovernmental Agreement with Horseshoe Bay Police Department
i. Ratification on a change order with Austin Materials
j. Google G Suite Contract
k. Approval to change telephone vendors for the Sheriff’s office and R&B 2 from Windstream to Frontier
Commissioner Precinct 2 Russell Graeter added an Interlocal with City of Burnet and R&B Precinct #2 for chip seal for FY2018.
Motion made by: Commissioner Precinct 1 Billy Wall, Seconded by: Commissioner Precinct 2 Russell Graeter to approve all contracts and agreements, including the additional Interlocal agreement between City of Burnet and R&B Precinct 2.
Vote: 5 - 0 Passed - Unanimously
Karin Hardin, County Auditor added additional contracts with Quinten McDaniel,Willis Engineering, Thompson Reuters, and Starr Companies.
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve all additional contracts and agreements.
Vote: 5 - 0 Passed - Unanimously
- Reliable Tire Disposal Agreement
- Google G Suite Contract
- Quinten McDaniel Agreement
- Starr Companies LLC
- Thompson Reuters Agreement
- Willis Environmental Engineering Agreement
- Lone Star Land Partners LLC Lease Agreement
- City of Burnet and R & B #3 Interlocal
- Inmate Telephone Services Agreement
- ICE Agreement Modification
- Austin Materials Change Order
Line Item Transfers
Judge Oakley stated to the court the person who submitted the line item transfers for the library was unavalible.
The court took no action.
Call for Bids/ Requests for Proposals/ Qualifications
a. Governmental Financing
Karin Hardin, County Auditor, presented the court the agreement with NBH Bank for Governmental Financing.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve an agreement with NBH Bank for Governmental Financing.
Vote: 5 - 0 Passed - Unanimously
Consent Agenda
1. Consideration and approval of any pending personnel issues within the policy.
2. Payroll approval.
3. Consideration and approval concerning budget amendments.
4. Consideration and authorization of payment of claims previously approved by the County Auditor.
5. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
6. Consideration and approval regarding Departmental equipment requests and/or property transfers.
7. Correspondence.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Russell Graeter to approve the Consent Agenda.
Vote: 5 - 0 Passed - Unanimously
Previous Agenda Items
Calendar Review
Adjournment
