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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 21st 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; 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 to accept a one-time additional funds from the FY 17 Indigent Defense Formula Grant increasing current award amount of $62,849 to estimated revised award of $64,746.  The increase will be added to final quarterly payment in December.
 
6.  Discussion and/or action regarding a Public hearing concerning a Replat of Lots 1A, 3 and 4, Courtside at Ridge Harbor, to be known as “A Replat of Lots 1A, 3 and 4, Courtside at Ridge Harbor, Burnet County, Texas, followed by D/A on the same.
 
7.  Discussion and/or action regarding a Public hearing concerning a  Replat of Lots 85, 86A and 94, Block “B”, The Point at Ridge Harbor, to be known as “A Replat of Lots 85, 86A and 94, Block “B”, The Point at Ridge Harbor, Burnet County, Texas followed by D/A on the same.
 
8.  Discussion and/or action regarding the Retention Agreement 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 from December 12, 2017 Commissioner’s Court.
 
9.  Discussion and/or action regarding the Appointment of Paulette Malamud to the Burnet County Child Welfare Board.
 
10.  Discussion and/or action concerning a reconsideration of action taken on December 12, 2017 for the 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.
 
11.  Discussion and/or action regarding bids on the following properties with the Burnet Central Appraisal District:
            a. Lot 23, Live Oak Section, Sherwood Shores, City of Granite Shoals
            b. Lots 24 & 25, Live Oak Section, Sherwood Shores, City of Granite Shoals
            c. Lot K7198, Plat K7.1, Horseshoe Bay South, City of Horseshoe Bay
            d. Lot K7051, Plat K7.1, Horseshoe Bay South, City of Horseshoe Bay
            e. Lot K6092, Plat K6.1, Horseshoe Bay South, City of Horseshoe Bay
            f. Lot K7016, Horseshoe Bay South, City of Horseshoe Bay
            g. Lot K1136, Plat K1, Horseshoe Bay South, City of Horseshoe Bay
            h. Lot K1137, Plat K1, Horseshoe Bay South, City of Horseshoe Bay
            i.  Lot K1138, Plat K1, Horseshoe Bay South, City of Horseshoe Bay
 
12.  Discussion and/or action regarding any appointments or reappointments to ESD’s whose terms are expiring at the end of 2017.  Please consider the following members listed and any other the commissioner’s may be aware of:
            a. David Johnson, ESD 1
            b. Richard Bremer ESD 2
            c. Ben Schneider ESD 2
            d. Cathy Ashley ESD 2
            e. Bucky Brady ESD 3
            f. Jerry Schappe ESD 3
            g. Steve Tatom ESD 3
            h. Mike Lewis ESD 4
            i. John White ESD 4
            j. John Smallwood ESD 7
            k. Damon Beirle ESD 7
            l.  Amanda Hensley 8
            m.  Johnnie Bindseil ESD 9
            n. Karen Bruett ESD 9
 
13.  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).   
           
14. Reconvene in Open Session.
 
15. 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.
 
16.  Discussion and/or action regarding Department Updates:
            a. Treasurer’s Report for October (revised) and November
 
17.   Acknowledgement of Receipt:
            none
           
18.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       
19.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
 
20.  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.
                       
21.  Discussion regarding any previous agenda items.
 
22.  Calendar Review.
 
23.  Adjournment.
 
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation
Judge Oakley called for a moment of silence.
 
Item #3:
Pledge

The court led the Pledge of Allegiance to the United States and Texas Flags.
 
Item #10:
Late Hours Permit
The court made a reconsideration of action taken on December 12, 2017 for the 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.

Judge Oakley stated to the court the Texas Alcoholic Beverage Code only allows for the sale of alcohol until 2 a.m. Monday thru Saturday night. 

Motion is made by: Judge Oakley, Seconded by: Commissioner Precinct 3 Billy Wall to rescind the action of the court made on December 12, 2017.

Vote: 5 - 0 Passed - Unanimously

Christy Scoggins and Mary Schneider, Business Partners, addressed the court with their concerns and questioned any differences in drinking hours.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 3 Billy Wall to approve the extended drinking hours as requested.

Motion fails, three to two.

Vote: 2 - 3 Failed

Nay:
Commissioner Precinct 1 Jim Luther, Jr.
Commissioner Precinct 2 Russell Graeter
Commissioner Precinct 4 Joe Don Dockery
 
Item #20:
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.

Chief Cummings, addressed the court concerning the Burnet County Carry Forward Policy and the Burnet County Dispatchers. Chief Cummings is concerned the Dispatchers will lose all accrued vacation time and is requesting they be allowed to carry the hours forward until September 30, 2018.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Russell Graeter to recognize the unique and emergency situation with the Dispatchers at the Sheriff's Office. The court requests the County Attorney to prepare an exemption from the policy and allow the Dispatchers to carry forward any unused hours until September 30, 2018.

Judge Oakley amended the motion to include all unused hours, not just vacation time.

Commissioner Precinct 2 Russell Graeter amended his second.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Russell Graeter to recognize the unique and emergency situation with the Dispatchers at the Sheriff's Office. The court requests the County Attorney to prepare an exemption from the policy and allow the Dispatchers to carry forward all unused hours until September 30, 2018.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Courtside At Ridge Harbor
The court held a Public hearing concerning a Re-plat of Lots 1A, 3 and 4, Courtside at Ridge Harbor, to be known as “A Re-plat of Lots 1A, 3 and 4, Courtside at Ridge Harbor, Burnet County, Texas, followed by D/A on the same.

Don Sherman, Willis Sherman and Associates and Herb Darling, Development Services, presented the re-plat to the court.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a re-plat of Lots 1A, 3 and 4, "Courtside at Ridge Harbor, to be known as “A Re-plat of Lots 1A, 3 and 4, Courtside at Ridge Harbor, Burnet County, Texas."

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
The Point at Ridge Harbor
The court held a Public hearing concerning a  re-plat of Lots 85, 86A and 94, Block “B”, The Point at Ridge Harbor, to be known as “A Re-plat of Lots 85, 86A and 94, Block “B”, The Point at Ridge Harbor, Burnet County, Texas", followed by D/A on the same.

Don Sherman, Willis Sherman and Associates and Herb Darling, Development 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 85, 86A and 94, Block “B”, The Point at Ridge Harbor, to be known as “A Re-plat of Lots 85, 86A and 94, Block “B”, The Point at Ridge Harbor, Burnet County, Texas."

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
FY17 Indigent Defense Formula Grant
The court discussed the acceptance of one-time additional funds from the FY 17 Indigent Defense Formula Grant increasing current award amount of $62,849 to estimated revised award of $64,746.  The increase will be added to final quarterly payment in December.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the acceptance of one-time additional funds from the FY 17 Indigent Defense Formula Grant increasing current award amount of $62,849 to estimated revised award of $64,746. The increase will be added to final quarterly payment in December.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Simon Greenstone, Panatier, Bartlett, P.C. and Cappolino Dodd Krebs, LLP Law firm
The court discussed a Retention Agreement 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 from December 12, 2017 Commissioner’s Court.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Russell Graeter to approve moving forward with the retention agreement.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #11:
Burnet Central Appraisal District
The court discussed bids on the following properties with the Burnet Central Appraisal District:
            a. Lot 23, Live Oak Section, Sherwood Shores, City of Granite Shoals
            b. Lots 24 & 25, Live Oak Section, Sherwood Shores, City of Granite Shoals
            c. Lot K7198, Plat K7.1, Horseshoe Bay South, City of Horseshoe Bay
            d. Lot K7051, Plat K7.1, Horseshoe Bay South, City of Horseshoe Bay
            e. Lot K6092, Plat K6.1, Horseshoe Bay South, City of Horseshoe Bay
            f. Lot K7016, Horseshoe Bay South, City of Horseshoe Bay
            g. Lot K1136, Plat K1, Horseshoe Bay South, City of Horseshoe Bay
            h. Lot K1137, Plat K1, Horseshoe Bay South, City of Horseshoe Bay
            i.  Lot K1138, Plat K1, Horseshoe Bay South, City of Horseshoe Bay

Stan Hemphill, Chief Appraiser, presented the bids to the court.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve all bids received.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #9:
Burnet County Child Welfare Board
The court discussed the appointment of Paulette Malamud to the Burnet County Child Welfare Board.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the appointment of Paulette Malamud to the Burnet County Child Welfare Board.

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Appointments and Reappointments to ESDs
The court discussed appointments or reappointments to ESD’s whose terms are expiring at the end of 2017.  Please consider the following members listed and any other the commissioner’s may be aware of:
            a. David Johnson, ESD 1
            b. Richard Bremer ESD 2
            c. Ben Schneider ESD 2
            d. Cathy Ashley ESD 2
            e. Bucky Brady ESD 3
            f. Jerry Schappe ESD 3
            g. Steve Tatom ESD 3
            h. Mike Lewis ESD 4
            i. John White ESD 4
            j. John Smallwood ESD 7
            k. Damon Beirle ESD 7
            l.  Amanda Hensley 8
            m.  Johnnie Bindseil ESD 9
            n. Karen Bruett ESD 9
 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve all appointments or reappointments to ESD’s whose terms are expiring at the end of 2017.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Executive Session
No action was taken.
 
Item #14:
Reconvene in Open Session
No action was taken.
 
Item #15:
Items Discussed in Executive Session
No action was taken.
 
Item #16:
Department Updates
The court discussed Department Updates:
            a. Treasurer’s Report for October (revised) and November

Karrie Crownover, Treasurer, presented the reports to the court.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Treasurer's Monthly reports.
Vote: 5 -0 Passed - Unanimously

Karen Hardin, County Auditor, stated to the court her office has been moving forward with indigent health care.

Judge Oakley, stated the EOC is moving to the Sheriff's Office and future improvements to the old jail.
 
Item #17:
Acknowledgement of Receipt
No action was taken.
 
Item #18:
Contract, Agreements or Grants
The court discussed regarding contracts, agreements or grants to be approved and/or ratified:

Karen Hardin, County Auditor, added an additional contract with CLEAR for the Public Defender's Office and a Release of Claims with TCEQ for the Silver Creek Subdivision.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve contracts with CLEAR for the Public Defender's Office and TCEQ for the Silver Creek Subdivision.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Call for 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. 

Judge Oakley stated the back of the Sheriff's Office needs fencing and needs approval to go out for bids.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a call for bids for a continuation of metal fencing and key pad controlled access for the back parking lot at the Sheriff's Office.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Consent Agenda
The court discussed the Consent Agenda and requires no deliberation by the Commissioner’s Court.  Any item from this agenda may be considered separately:
            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 #21:
Previous Agenda Items
No action was taken.
 
Item #22:
Calendar Review
The court discussed calendar review.
 
Item #23:
Adjournment
Judge Oakley adjourned the meeting at 10:55 a.m.