County of Burnet {} On this the 12th day of December 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
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 concerning vote allocation for Burnet Central Appraisal District Board (Oakley).
6. Acknowledgement of all student artists K-12 from Burnet County with works being displayed throughout the Courthouse (Oakley)
7. Discussion and/or action regarding adopting an order prohibiting solid waste disposal (Herb)
8. Discussion and/or action regarding an overview of the Central Texas Food Bank of Burnet County (Oakley)
9. Discussion and/or action regarding a Resolution for the Appointment of Mark Mayfield to the Board of Directors of the Capital Area Housing Finance Corporation for a four year term beginning October 22, 2017 – October 21, 2021 (Oakley)
10. Discussion and/or 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 (Oakley)
11. Discussion and/or action regarding the Tuesday, March 6, 2018 Primary Election to approve the Primary Joint Resolution and to approve the Early Voting Schedule (Ferguson)
12. Discussion and/or action to discontinue the Law Library Fee. Currently the courts are collecting fees to fund the Law Library. The County no longer has a Law Library; therefore the courts no longer need to collect the Law Library Fee.
13. Discussion and/or action regarding the nomination of Roxanne Nelson as a Board Member/Representative for the Williamson Burnet County Opportunities.
14. Discussion and/or action regarding the appointments and reappointments to ESD’s whose terms are expiring at the end of 2017. Reappointments of Kirk Robison, ESD 1; Robyn Richter, ESD 6; Nancy Hansen, ESD 6; Herb Holloway, ESD 6; Martha Norwood, ESD 9; and any other that the Commissioner’s Court may be aware of.
15. Discussion and/or action concerning the approval of bond for Millicent Bindseil, Constable Precinct #4.
15. Discussion and/or action regarding a presentation from Simon Greenstone, Panatier, Bartlett, P.C. and Cappolino Dodd Krebs, LLP Law firm about the possibility of recovering damages on behalf of Burnet County for damages caused by those responsible for the nationwide opioid crises.
16. Discussion and/or approval to apply for and signing resolution for a grant with CAPCOG FY 2018-2019 for Solid Waste for permanent Reuse and Recycle Collection Facility.
17. Discussion and/or action regarding the vacation of a portion of the plat for 7 Creeks Ranch Subdivision as recorded in Document #201703772, O.P.R.B.C.T. The portion to be vacated is lots 14, 16-24, 26-29, 32 and 33, totaling 909.03 acres.
18. Discussion and/or approval of an anonymous donation to the Burnet County Sheriff’s office wanting to purchase and donate body armor.
19. 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).
20. Reconvene in Open Session.
21. 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.
22. Discussion and/or action regarding Department Updates:
a. Treasure’s Report
23. Acknowledgement of Receipt:
a. TCEQ intent to obtain water quality permit
b. Letter of Acknowledgement from AgriLife Highland Lakes Master Gardener’s Club to recognize the outstanding work of Lonnie Rogers and the ISF for their help
c. Burnet County Child Welfare Board
d. Hill Country Children’s Advocacy Center Thank you Letter
e. Seton Highland Lakes Hospital Thank you Letter
24. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Beauregard Welding for repairs on County Road 404 and 420
25. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
a. Bid opening held on December 5th for road improvements for R&B Pct. 2. Results to be presented by Greg Haley, KC Engineering
26. 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.
27. Discussion regarding any previous agenda items.
28. Calendar Review.
29. Adjournment.
Call to Order
Invocation
Pledge
The court led the Pledge of Allegiance to the United States and Texas Flags.
Acknowledgement of All Student Artists
Samantha Melvin, Teacher, introduced all the student artists and presented them with certificates.
Comments
Charles Moore, Assistant Coordinator Blanco County Crime Stoppers, stated to the court the importance of Crime Stoppers and Sheriff T.J. Rabbit in the schools to aid in anti-bullying programs.
Vacation of Portion of Plat for 7 Creeks Ranch
Herb Darling, Development Services and Brett Burton, Cuplin & Associates, presented the vacation of plat to the court. Mr. Burton stated to the court he has signatures from the surrounding property owners in approval.
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the vacation of a portion of the plat for 7 Creeks Ranch Subdivision as recorded in Document #201703772, O.P.R.B.C.T. Commissioner Precinct 1 Jim Luther Jr.'s signature being withheld until all signatures have been received.
Vote: 5 - 0 Passed - Unanimously
Comments
Presentation from Simon Greenstone, Panatier, Bartlett, P.C. and Cappolino Dodd Krebs, LLP Law firm
Richard Dodd, Simon Greenstone, Panatier, Bartlett, P.C. and Cappolino Dodd Krebs, LLP Law firm, stated to the court his firm is looking to gain approval so that they may obtain records that will show perscriptions dispensed by zip code. Should the lawyers identify evidence, Burnet County would be joining in a mass action lawsuit. This firm is would work on a contingency fee and is at no cost to the county.
Eddie Arredondo, County Attorney, stated to the court this epidemic filters down to each of our Courts, CPS and Law Enforcement.
Capt. Tom Dillard stated Opioids are becoming more and more common especially in traffic stops.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Russell Graeter to approve the engagement process with Simon Greenstone, Panatier, Bartlett, P.C. and Cappolino Dodd Krebs, LLP Law firm.
This will be on the December 21, 2017, agenda for final approval.
Vote: 5 - 0 Passed - Unanimously
Millicent Bindseil, Constable Precinct #4
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a bond for Millicent Bindseil, Constable Precinct #4.
Vote: 5 - 0 Passed - Unanimously
Williamson Burnet County Opportunities Nomination
Karen Hardin, County Auditor, stated to the court her recommendation of Roxanne Nelson.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the nomination of Roxanne Nelson as a Board Member/Representative for the Williamson Burnet County Opportunities.
Vote: 5 - 0 Passed - Unanimously
Late Hours Permit
Eddie Arredondo, County Attorney, stated to the court the problems that could arise should this item be approve by precinct.
Christy Scoggins and Mary Schneider, Business Partners, stated to the court they would be willing to compromise with a 1 a.m. permit but would prefer a 2 a.m. permit.
Capt. Tom Dillard stated to the court the problems Law Enforcement sees with extended drinking hours however surrounding towns have already enacted late hours.
Motion is made by Judge James Oakley to approve a late hours permit by precinct.
Motion dies due to lack of a second.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a request for a countywide late hours permit for the unincorporated areas of Burnet County. The hours will be until 1 a.m. on Friday nights and 2 a.m. Saturday night.
This item will become effective when order is complete and posted in the newspapers.
Vote: 4 - 1 Passed
- Nay:
-
Commissioner Precinct 2 Russell Graeter
Department Updates
a. Treasurer’s Report
Karrie Crownover, County Treasurer, presented the report to the court.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Treasurer's Report.
Vote: 5 - 0 Passed - Unanimously
Early Voting Schedule
Doug Ferguson, Elections Administrator, presented the Primary Joint Resolution and Early Voting Schedule to the court.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Primary Joint Resolution and Early Voting Schedule for the Tuesday, March 6, 2018 Primary Election.
Vote: 5 - 0 Passed - Unanimously
Capital Area Housing Finance Corporation Board of Directors
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a resolution for the Appointment of Mark Mayfield to the Board of Directors of the Capital Area Housing Finance Corporation for a four year term beginning October 22, 2017 – October 21, 2021.
Vote: 5 - 0 Passed - Unanimously
Order Prohibiting Solid Waste Disposal
Herb Darling, Development Services, presented a preliminary order to the court.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a preliminary order prohibiting solid waste disposal and to proceed with public notices.
Full adoption of the Order Prohibiting Solid Waste Disposal will be January 9, 2018.
Vote: 5 - 0 Passed - Unanimously
ESD Appointments & Reappointments
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the reappointments of Kirk Robison, ESD 1; Robyn Richter, ESD 6; Nancy Hansen, ESD 6; Herb Holloway, ESD 6; Martha Norwood, ESD 9.
Vote: 5 - 0 Passed - Unanimously
Law Library Fee
Karen Hardin, County Auditor, stated to the court the County is not required by statute to keep one.
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the discontinuance of the Law Library Fee.
Vote: 5 - 0 Passed - Unanimously
CAPCOG FY 2018-2019 for Solid Waste for Permanent Reuse and Recycle Collection Facility
Commissioner Precinct 4 Joe Don Dockery, stated to the court this is to go out for a grant for a recycle event and working with Constable Precinct 4 Missy Bindseil, to apply for additional abatement funds within this grant.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve going out for a grant with CAPCOG FY 2018-2019 Solid Waste Event and application for additional abatement funds for Precinct 4 Constable Bindseil.
Vote: 5 - 0 Passed - Unanimously
Burnet County Sheriff's Office
Capt. Tom Dillard, stated to the court this is a donation by a private citizen and not a grant. There is not an application process nor an acceptance of funds.
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept a donation of up to 20 body armor vests for the Burnet County Sheriff's Office from Marilie Walker.
Vote: 5 - 0 Passed - Unanimously
Executive Session
Reconvene in Open Session
Items Discussed in Executive Session
Acknowledgement of Receipt
a. TCEQ intent to obtain water quality permit
b. Letter of Acknowledgement from AgriLife Highland Lakes Master Gardener’s Club to recognize the outstanding work of Lonnie Rogers and the ISF for their help
c. Burnet County Child Welfare Board
d. Hill Country Children’s Advocacy Center Thank you Letter
e. Seton Highland Lakes Hospital Thank you Letter
Item C was pulled.
Comments
Karen Hardin, County Auditor, stated the County has started receiving restitution for the damage to the AgriLife building.
Contracts, Agreements or Grants
a. Beauregard Welding for repairs on County Road 404 and 420
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the contract with Beauregard Welding for repairs on County Road 404 and 420.
Vote: 5 - 0 Passed - Unanimously
Bids/Requests for Proposals/Qualifications
a. Bid opening held on December 5th for road improvements for R&B Pct. 2. Results to be presented by Greg Haley, KC Engineering
Commissioner Precinct 2 Russell Graeter presented the following bids received:
A Greater Austin Development Co., LTD........................$120,961.00
MPB, Inc. .........................................................................$144,739.00
3LW Civil, LLC................................................................$174,204.00
Masters Paving and Seal Coat, LLC................................ $301,007.04
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a bid from A Greater Austin Development Co., LTD in the amount of $120,961.00.
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 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 in its entirety.
Vote: 5 - 0 Passed - Unanimously
Previous Agenda Items
Central Texas Food Bank of Burnet County
Burnet Central Appraisal District Board
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the distribution of votes evenly to:
Bobbye Hensley
Darlene Oostermeyer
Paul Shell
Phillip Thurman
Vote: 5 - 0 Passed - Unanimously
Calendar Review
Adjournment
