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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 28th day of November 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; Shelley Demarest, Commissioner Court 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 adopting an order prohibiting solid waste disposal.
 
6.  Discussion and/or action regarding approval of a replacement final plat for the Legendary Estates on Lake LBJ Subdivision that was previously cancelled to correct discrepancies relating to retaining wall construction, road construction and building setback lines.
 
7.  Discussion and/or action regarding cancellation of the Legendary Estates on Lake LBJ, a subdivision consisting of lots 1-20, Block 1 and Lots 1-31, Block 2, recorded as instrument #201700674 in the Burnet County Deed Records to correct discrepancies with building setbacks, road locations and construction of retaining walls.
 
8.  Discussion regarding update of the Russell Fork Bridge and the Historic Marker.
 
9.  Discussion and action concerning a request for a late hours permit pursuant to Texas Alcoholic Beverage Code section 105.03 Hours of Sale and Consumption for a location in the unincorporated areas of Burnet County located at 316 North Ridge Road, Marble Falls, TX 78654.
 
10.  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).   
           
11. Reconvene in Open Session.
 
12. 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.
 
13.  Discussion and/or action regarding Department Updates:
            a. Magistrate Judge Report
           
14.   Acknowledgement of Receipt:      
 
15.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
            a.  Research Pest Control, Inc. Rodent/Animal Control Services Agreement.
            b.  Agreement with Energy Cooperative. 

16.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
           a.  None 
17.  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 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.
                       
18.  Discussion regarding any previous agenda items.
 
19.  Calendar Review.
 
20.  Adjournment.
 
ADDENDUM
Discussion and approval of acceptance for $48,000,000 Multifamily Housing Revenue Bonds (Shadow Ridge Apartments), Series 2017 from Capital Area Housing Finance Corporation (CAHFC) in order to provide funds to finance the cost of a residential development that will provide decent, safe and sanitary housing at affordable prices for residents within the Corporation’s jurisdictions. Signature of the General Certificate is required by 1TX A.D.C. §53.229 (or 15 Tex. Reg. 6289) and will be submitted by CAHFC to the Attorney General of the State of Texas, who in accordance of Paragraph 8 of the General Certificate specifically gives the Attorney General the right to approve and date all documentation relating to the Bonds prior to the issuance of the Bonds.  No date of signature is required by the county.
 
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 slain D.P.S Trooper Damon Allen.
 
Item #3:
Pledge

The court led the Pledge of Allegiance to the United States and Texas Flags.
 
Item #4:
Comments
No comments were made.
 
Item #5:
Order Prohibiting Solid Waste Disposal
The court discussed adopting an order prohibiting solid waste disposal.

Herb Darling, Development Services, stated to the court he would like to form a committee consisting of him, Commissioner Precinct 1 Jim Luther Jr. and Eddie Arredondo, County Attorney, to review a draft order and present it to the court at the next meeting.
 
Item #7:
Legendary Estates on Lake LBJ Plat Cancellation
The court discussed the cancellation of the Legendary Estates on Lake LBJ, a subdivision consisting of lots 1-20, Block 1 and Lots 1-31, Block 2, recorded as instrument #201700674 in the Burnet County Deed Records to correct discrepancies with building setbacks, road locations and construction of retaining walls.

Herb Darling, Development Services, and Eddie McNew, McCary & Associates, presented the cancellation to the court. Mr. McNew stated to the court Gary Martin, Owner/Agent, has secured signatures from all the landowners stating they are in approval of the cancellation and the replacement final plat.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the cancellation of the Legendary Estates on Lake LBJ.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Legendary Estates on Lake LBJ Subdivision
The court discussed a replacement final plat for the Legendary Estates on Lake LBJ Subdivision that was previously cancelled to correct discrepancies relating to retaining wall construction, road construction and building setback lines.

Herb Darling, Development Services, and Eddie McNew, McCary & Associates, presented the replacement final 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 replacement final plat for the Legendary Estates on Lake LBJ Subdivision. Commissioner Precinct 1 Jim Luther Jr.'s signature will be withheld until all other signatures can be obtained.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Russell Fork Bridge and Historic Marker
The court heard an update of the Russell Fork Bridge and the Historic Marker.

Lela Goar and Rachel Bryson, Burnet County Historical Commission, presented the updates to the court.

Commissioner Precinct 2 Russell Graeter stated to the court he has a meetings scheduled with a surveyor and a stonemason.

Judge Oakley would like to schedule a meeting with the other property owner and a surveyor.
 
Item #4:
Comments
Judge Oakley recognized Victor Uvalle Jr., TAC Representative, was in attendance.
 
Item #9:
Late Hours Permit Request
The court discussed a request for a late hours permit pursuant to Texas Alcoholic Beverage Code section 105.03 Hours of Sale and Consumption for a location in the unincorporated areas of Burnet County located at 316 North Ridge Road, Marble Falls, TX 78654.

Christy Scoggins and Mary Schneider, Business Partners, presented the request to the court.

Judge Oakley stated this is not location specific, but can be either Precinct wide or County wide.

Eddie Arredondo, County Attorney, spoke on behalf of the Prosecutor's Office.

Sheriff Calvin Boyd spoke on behalf of Law Enforcement and public safety.

No action taken at this time, this item will be placed on the December 12, 2017 Agenda.
 
Item #10:
Executive Session
No action was taken.
 
Item #11:
Reconvene in Open Session
No action was taken.
 
Item #12:
Items Discussed in Executive Session
No action was taken.
 
Item #13:
Department Updates
The court heard Department Updates:
            a. Magistrate Judge Report

Kirk Noaker, Magistrate, presented his report to the court.

See attached report.

Ben Tarbet, I.T. Director, stated to the court the Attorney General's Office would like onsite internet connectivity for court functions. Mr. Tarbet also reported he has moved into his new office space and introduced Mike Hodge Jr., as the new IT Assistant.

Eddie Arredondo, County Attorney, stated to the court Ryan Cosano, Assistant County Attorney, recently welcomed the birth of his son.
 
 
Item #14:
Acknowledgement of Receipt
No action was taken.
 
Item #15:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
      a.  Research Pest Control, Inc. Rodent/Animal Control Services Agreement.
      b.  Agreement with Energy Cooperative.

Karen Hardin, County Auditor, added an additional Interlocal with Travis County for Jail Services.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve all contracts and agreements, including the additional Interlocal Agreement with Travis County.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Bids/Requests for Proposals/Qualifications
The court made a Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
             a.   None

Commissioner Precinct 4 Joe Don Dockery, requested authorization to go out for bids, if needed, for a Hot Mix Laydown Machine. If this piece of equipment cannot be purchased on the Buy Board, then the County will call for bids.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Russell Graeter to approve authorizing Commissioner Precinct 4 Joe Don Dockery to go out for bids for a new Hot Mix Laydown Machine, if needed.

Commissioner Precinct 2 Russell Graeter, called for discussion.

After further discussion, the motion stands.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
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.

Karen Hardin, County Auditor, requested items 2 and 5 be pulled for discussion. Mrs. Hardin stated to the court two checks would have to be made for two claims made by Frontier & Citibank in the combined total of $12,714.06.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther Jr. to approve claim payments to Frontier and Citibank in the combined total of $12,714.06.

Vote: 5 - 0 Passed - Unanimously

Karen Hardin, County Auditor, pulled item 7.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther Jr. to approve the consent agenda with the exception of item 7.

Karen Hardin, County Auditor, stated to the court this property transfer is concerning the transfer of the Spicewood Beach Water System to Corix Utilities, Inc. This would also include taking a $350,000 grant from Burnet County and moving it to Corix Utilities, Inc.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve all property transfers, including a property transfer from Burnet County to Corix Utilities, Inc. for the Spicewood Beach Water System.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Previous Agenda Items
No action was taken.
 
Item #19:
Calendar Review
The court discussed calendar review.

Judge Oakley reminded the court the December Commissioner Court dates are December 12, 2017 & December 21, 2017.
 
Item #15:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:

Karen Hardin, County Auditor, presented a renewal with the Regional Capitol Defenders Office and an End User Acknowledgement with the District Attorney's Office and Granite Shoals Police Department.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve both items as presented.

Vote: 5 - 0 Passed - Unanimously

 
ADDENDUM
The court discussed the acceptance of $48,000,000 Multifamily Housing Revenue Bonds (Shadow Ridge Apartments), Series 2017 from Capital Area Housing Finance Corporation (CAHFC) in order to provide funds to finance the cost of a residential development that will provide decent, safe and sanitary housing at affordable prices for residents within the Corporation’s jurisdictions. Signature of the General Certificate is required by 1TX A.D.C. §53.229 (or 15 Tex. Reg. 6289) and will be submitted by CAHFC to the Attorney General of the State of Texas, who in accordance of Paragraph 8 of the General Certificate specifically gives the Attorney General the right to approve and date all documentation relating to the Bonds prior to the issuance of the Bonds.  No date of signature is required by the county.

Karen Hardin, County Auditor, stated her office will draft a resolution in accordance with Local Government Code 394.016.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the acceptance of $48,000,000 Multifamily Housing Revenue Bonds (Shadow Ridge Apartments), Series 2017 from Capital Area Housing Finance Corporation (CAHFC) in order to provide funds to finance the cost of a residential development that will provide decent, safe and sanitary housing at affordable prices for residents within the Corporation’s jurisdictions.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Adjournment
Judge Oakley adjourned the meeting at 10:35 a.m.