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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 10th day of October 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 Final plat approval for Spicewood Trails, a public subdivision consisting of 245 lots on 317.483 acres of land out of the ABS A0714 WM. Roberts, Tract being Abstracts 714, 264 and 561, Burnet County, Texas.
 
6.  Discussion and/or action regarding the acceptance of a Letter of Resignation from Frank Sanders of ESD 1.
 
7.  Discussion and/or action regarding the appointment of John Kaszynski to ESD 1.
 
8.  Discussion and/or action regarding the Campo Technical Advisory Committee for 2018 from the City of Marble Falls and Burnet County.
 
9.  Discussion and/or action concerning use of restricted funds for the Co. Rd. 330A low water crossing.
 
10.  Discussion and/or action concerning Burnet County policy on seeking reimbursement from automobile liability insurance policies with regards to county expenses incurred by at fault drivers.
 
11.  Discussion and/or approval to apply for and adopt a Resolution for FY 2018 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission.  Application is due 11/15/2017.
 
12.  Discussion and/or action on approval of a request by the Burnet County Sheriff’s Office to apply for the FY 18 NRA Foundation grant.  Due date of application is 11/16/17.
 
13.  Discussion and/or approval to accept the LCRA Community Development Partnership Grant for the purchase of 13 new P25 compliant EF Johnson VHF Viking 6000 radios, programming and accessories.  Grant amount is $22,487 with $5,622 match.
 
14.  Discussion and/or action regarding a quote from Incycle for electronic recycling for the BOPATE Event on October 14, 2017.
 
15.  Discussion and/or action on Behalf of the Texas Extension Education Association to recognize this organization for their outstanding contributions to the Burnet County AgriLife Extension Program on the local, county, district and state levels.  The week of October 8-14th, 2017 is the official State of Texas TEEA Week.
 
16.  Discussion and/or action concerning Burnet County’s Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ending September 30, 2016.
 
17.  Discussion and/or action regarding Commissioner’s Court adopting a “special meeting” calendar to approve disbursements/payroll for periods that fall on non-regularly scheduled commissioner’s court meetings.
 
18.  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).   
            a. Consultation with County Attorney regarding potential lawsuit to ensure county right of way along county road.
                                   
19. Reconvene in Open Session. 
 
20. 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.
 
21.  Discussion and/or action regarding Department Updates:
            a. Monthly Treasurer’s Report for August 2017
           
22.   Acknowledgement of Receipt:
            a. TCEQ notice of Public Meeting for an Air Quality Permit
           
23.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
               a.  Night Scenes Proposal for South Annex Christmas Lighting
               b.  DIJ for striping and reflective markers work order CR 410A, 422, 421, and 421A
               c.  Kerr County Jail Addendum
               d.  Marble Falls Chamber of Commerce Agreement
               e.  Shredding Proposal from Condor
               f.  MVBA Contracts for past due collections on fines and fees for County Court, JP 3 and JP4, along with a Scofflaw Contract for motor vehicle registration flag
               g.  Professional Services Agreement with Leslie Vance
               h.  Participation with Marble Falls Convention & Visitors Bureau on funding request to upgrade Walkway of Lights to LED fixtures 

24.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
             a.  Approval to go out for bids for a new camera system at the jail 

25.  The following items are part of the Consent Agenda and requires no deliberation by   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 approval concerning budget line item transfers.
            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.
 
 
26.  Discussion regarding any previous agenda items.
 
27.  Calendar Review.
 
28.  Adjournment.
 
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation
The court held a moment of silence for the mass shooting victims in Las Vegas.
 
Item #3:
Pledge

The court led the Pledge of Allegiance to the United States and Texas Flags.
 
Item #4:
Comments
Commissioner Precinct 4 Joe Don Dockery, addressed an email from the Texas Freight Network concerning Hwy 71, Hwy 281 and Hwy 29. Mr. Dockery also reported the hot mix paving projects are substantially complete in Precinct 4.

Herb Darling, Environmental Services, thanked Commissioner Precinct 1 Jim Luther Jr., for the CR 116 project.
 
Item #5:
Spicewood Trails
The court discussed a final plat approval for Spicewood Trails, a public subdivision consisting of 245 lots on 317.483 acres of land out of the ABS A0714 WM. Roberts, Tract being Abstracts 714, 264 and 561, Burnet County, Texas.

Javier Barajas, Landmark Engineering, presented the final plat to the court.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve a final plat for Spicewood Trails, a public subdivision consisting of 245 lots on 317.483 acres of land out of the ABS A0714 WM. Roberts, Tract being Abstracts 714, 264 and 561, Burnet County, Texas.

After further discussion concerning TxDOT permitting, Commissioner Precinct 3 Billy Wall rescinded his second, Commissioner Precinct 4 Joe Don Dockery rescinded his motion.

No action taken at this time.

 
 
Item #6 & Item #7:
ESD #1
This item open in conjunction with item #7

The court discussed the acceptance of a Letter of Resignation from Frank Sanders of ESD 1.

The court discussed the appointment of John Kaszynski to ESD 1.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the Letter of Resignation from Frank Sanders and the appointment of John Kaszynski to ESD 1.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
CAMPO Technical Advisory Committee for 2018
The court discussed the Campo Technical Advisory Committee for 2018 from the City of Marble Falls and Burnet County.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Russell Graeter to approve the Campo Technical Advisory Committee for 2018 from the City of Marble Falls and Burnet County:
Mike Hodge
Caleb Kraenzel
Greg Haley
Herb Darling, Alternate

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
County Road 330A
The court discussed the use of restricted funds for the Co. Rd. 330A low water crossing.

Commissioner Precinct 3 Billy Wall stated to the court these are restricted funds from FY2017.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Russell Graeter to approve up to a $20,000 expenditure from FY2017 restricted funds.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Texas Extension Education Association
The court discussed an action on behalf of the Texas Extension Education Association to recognize this organization for their outstanding contributions to the Burnet County AgriLife Extension Program on the local, county, district and state levels. The week of October 8-14th, 2017 is the official State of Texas TEEA Week.

Linda Wells, Texas AgriLife Extension Office, introduced Lela Goar. Mrs. Goar spoke on all the recognition Burnet County has received from the Texas Extension Education Association.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a proclamation recognizing the week of October 8-14th, 2017, as Texas Extension Education Association Week in Burnet County, Texas, recognizing this organization for their outstanding contributions to the Burnet County AgriLife Extension Program on the local, county, district and state levels.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Automobile Liability Insurance Policies Reimbursement
The court discussed a Burnet County policy on seeking reimbursement from automobile liability insurance policies with regards to county expenses incurred by at fault drivers.

Burnet County will work through TAC as part of our Risk Management Policy.

No action at this time.
 
Item #11:
FY 2018 Formula Grant For Indigent Defense Grant Program
The court discussed the approval to apply for and adopt a Resolution for FY 2018 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission. Application is due 11/15/2017.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Russell Graeter to approve to apply for and adopt a Resolution for FY 2018 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission.

Commissioner Precinct 4 Joe Don Dockery was absent for the vote.

Vote: 4 - 0 Passed

 
Item #12:
FY 2018 NRA Foundation Grant
The court discussed the approval of a request by the Burnet County Sheriff’s Office to apply for the FY 18 NRA Foundation Grant.  Due date of application is 11/16/17.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 3 Billy Wall to approve a request by the Burnet County Sheriff’s Office to apply for the FY 18 NRA Foundation Grant.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
LCRA Community Development Partnership Grant
The court discussed the approval to accept the LCRA Community Development Partnership Grant for the purchase of 13 new P25 compliant EF Johnson VHF Viking 6000 radios, programming and accessories. Grant amount is $22,487 with $5,622 match.

Capt. Chris Jett thanked Sgt. Kneese for obtaining the test radios and Jana Teague, Grant Administrator, for helping get the applications submitted.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to acceptance of the LCRA Community Development Partnership Grant for the purchase of 13 new P25 compliant EF Johnson VHF Viking 6000 radios, programming and accessories. Grant amount is $22,487 with $5,622 match.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
BOPATE Event
The court discussed a quote from Incycle for electronic recycling for the BOPATE Event on October 14, 2017.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a quote from Incycle for electronic recycling for the BOPATE Event on October 14, 2017 in the amount of $1400.00.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #16:
Burnet County Certificate of Achievement
The court presented Burnet County’s Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ending September 30, 2016.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Russell Graeter to approve Burnet County’s Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year Ending September 30, 2016.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #5:
Spicewood Trails
The court discussed the final plat approval for Spicewood Trails, a public subdivision consisting of 245 lots on 317.483 acres of land out of the ABS A0714 WM. Roberts, Tract being Abstracts 714, 264 and 561, Burnet County, Texas.

Commissioner Precinct 4 Joe Don Dockery, reported to the court TxDOT stated they have issued a temporary drive way permit and the developer is in the process of building a turn lane at the site. Commissioner Dockery stated he is comfortable with the response from TxDOT and approval of the final plat.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a final plat for Spicewood Trails, a public subdivision consisting of 245 lots on 317.483 acres of land out of the ABS A0714 WM. Roberts, Tract being Abstracts 714, 264 and 561, Burnet County, Texas.

Vote: 4 - 1 Passed

Nay:
County Judge James Oakley
 
Item #21:
Department Updates
The court heard Department Updates:

Herb Darling, Environmental Services, reported his office has issued 40 building permits and 28 septic permits in the month of September.
 
Item #4:
Comments
Lew Cohn, Managing Editor Highlander News, reported the comment period for the rock crusher plant has been extended to October 31, 2017.
 
Item #21:
Department Updates
The court heard Departmental Updates:

Stephanie McCormick, Commissioner Court Coordinator, reported to the court that Burnet County is now with MBVA, for the collection of delinquent fines and fees and has a Scofflaw contract.
 
Item #22:
Acknowledgement of Receipt
The court made Acknowledgement of Receipt:
            a. TCEQ notice of Public Meeting for an Air Quality Permit
Attachments:
 
Item #23:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
            a.  Night Scenes Proposal for South Annex Christmas Lighting
            b.  DIJ for striping and reflective markers work order CR 410A, 422, 421, and 421A
            c.  Kerr County Jail Addendum
            d.  Marble Falls Chamber of Commerce Agreement
            e.  Shredding Proposal from Condor
            f.  MVBA Contracts for past due collections on fines and fees for County Court, JP 3 and JP4, along with a Scofflaw Contract for motor vehicle registration flag
            g.  Professional Services Agreement with Leslie Vance
            h.  Participation with Marble Falls Convention & Visitors Bureau on funding request to upgrade Walkway of Lights to LED fixtures

Sheriff Calvin Boyd recommended pulling item c for further discussion.

Motion is made by: Commissioner 1 Jim Luther Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve items a, b and d through h.
Vote: 5-0 Passed - Unanimously

Karen Hardin, County Auditor, added additional contracts with Northland Business Class Services, Lone Star Paving Company, Stericycle and Quinten McDaniel.

Motion is made by: Commissioner Precinct 1 Jim Luther Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the additional contracts with Northland Business Class Services, Lone Star Paving Company, Stericycle and Quinten McDaniel.

Vote: 5 -0 Passed - Unanimously
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the addendum to item c and withhold Judge Oakley's signature until the Sheriff approves the contract.

Vote: 5 - 0 Passed - Unanimously

 
Item #21:
Department Updates
The court discussed Department Updates:
            a. Monthly Treasurer’s Report for August 2017

Judge Oakley acknowledged Kim Joyce, TAC, was in attendance.

Karrie Crownover, Treasurer, presented the monthly report to the court.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Monthly Treasurer's Report for August 2017.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Special Meeting Calendar
The court discussed adopting a “special meeting” calendar to approve disbursements/payroll for periods that fall on non-regularly scheduled commissioner’s court meetings.

Karen Hardin, County Auditor and Karrie Crownover, Treasurer, presented the Special Meeting Court Dates Calendar to the court.

Motion is made by: Judge Oakley, Seconded by: Jim Luther Jr. to approve the attached special meeting dates.
Vote: 5 - 0 - Passed - Unanimously

Karrie Crownover, Treasurer, addressed payroll for the Christmas Holiday.
 
Item #24:
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.  Approval to go out for bids for a new camera system at the jail
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve to go out for bids for a new camera system at the jail.

Vote: 5 - 0 Passed - Unanimously

 
Item #25:
Consent Agenda
The court discussed 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 approval concerning budget line item transfers.
            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 4 Joe Don Dockery to approve the consent agenda.

Vote: 5 - 0 Passed - Unanimously

 
Item #26:
Previous Agenda Items
The court discussed previous agenda items.

Commissioner Precinct 4 Joe Don Dockery spoke about the upcoming BOPATE event.
 
Item #27:
Calendar Review
The court discussed calendar review.

The court made special note for Thursday October 26, 2017 at 7:00 p.m. is a TCEQ Permit Application Meeting.
 
Item #18:
Executive Session
The court went into 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).   
          
                  a. Consultation with County Attorney regarding potential lawsuit to ensure county right of way along county road.
 
 
Item #19:
Reconvene in Open Session
The court reconvened in open session with all members present.
 
Item #20:
Items Discussed in Executive Session
The court discussed items discussed in Executive Session and take up for consideration and possible action, pursuant to Chapter 262, Texas Local Government Code.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to allow the County Attorney to take necessary action up to and including the hiring of outside council to preserve right of way on CR345.

Vote: 5 - 0 Passed - Unanimously

 
Item #23 & Item #25
Contract, Agreements or Grants
This item open in conjunction with item 25.

The court discussed contracts, agreements or grants to be approved and/or ratified and the consent agenda.

Karen Hardin, County Auditor, added an additional contract with Resorts & Lodges in the amount of $35,000.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a contract with Resorts & Lodges in the amount of $35,000.

Vote: 5 - 0 Passed - Unanimously

 
Item #26:
Previous Agenda Items
The court discussed previous agenda items.

Commissioner Precinct 4 Joe Don Dockery discussed the HHW Event and the possible use of the county credit card to pay for lunches for all the volunteers.

Karen Hardin, County Auditor, stated the Auditor will issue a purchase order.
 
Item # :
Adjournment
Judge Oakley adjourned the meeting at 10:37 a.m.