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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 13th day of  February 2018, 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 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Absent:
Commissioner Precinct 2 Russell Graeter
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  a variance from the Burnet County Subdivision Regulations by Patrick Atkison for a 9.452 acre tract out of 58.531 acres of the Charles Cavanaugh Svy., Abst. #171, Burnet County, Texas.
 
6.  Discussion and/or action regarding entering into an Inter local Agreement with Williamson County on a portion of road bordering Co. Rd. 322, and if so to negotiate a price for Pct. 3 to do the work.
 
7.  Discussion and/or action regarding the review of financial statements provided to the County by ESD #8, ESD #7, ESD #4, and the Cassie Fire Department.
 
8.  Presentation from Spicewood VFD regarding the number and types of fires responded to in the Fiscal Year of 2016/2017.
 
9.  Discussion and/or action regarding the 2018 Annual Membership dues for the South Texas County Judges’ and Commissioners’ Association.
 
10.  Discussion and/or action regarding submitting a bid to purchase a used mobile command trailer from PEC as a Western Region asset.
 
11.  Discussion and/or action regarding a request from JP Pct. 1 Judge Nelson for 2 Epson Workforce DS-860 Sheet fed Scanners to be paid out of the Technology Fund in the amount of $1,221.64.
 
12.  Discussion and/or action regarding the donation of antique furnishings from Mrs. Vonnie Fox for the historic jail on the square.
 
13.  Presentation from the Hill Country Children’s Advocacy Center.
 
14.  Discussion and/or action regarding the Resolution 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.  The Retention Agreement was signed on December 21, 2017 in Commissioner’s Court, but Resolution was not included.
 
15.  Discussion and/or action regarding permission to apply for and approve and sign a resolution for a Body-Worn Camera Program, Third-Round Funding with the Office of the Governor, Criminal Justice Division for $43,116.40, with a  $10,779.10 match (20%) from the Sheriff’s office budget for a total of $53,895.50 for 30 cameras and assorted accessories and warranties for Sheriff’s office.  Application 3580001 due date: 5pm, February 20, 2018.
 
16.  Discussion and/or action regarding the approval to apply for a grant from Office of the Governor, Criminal Justice Division, Justice Assistance Grant Program for Nuisance Control Program to work directly with Constables and District Attorney.  Grant application would include personnel salary and benefit costs, training, pick-up, telephone, hotspot, computer, printer, drone, night vision binoculars, and contracted abatement costs.  No match is required.
 
17.  Discussion and/or action for the approval to purchase the Guard 1 Inmate Tracking System to meet jail standards related to the Sandra Bland Act.
 
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).   
           
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. Approval of Treasurer’s Monthly Report – December 2017
            b. Approval of Treasurer’s Quarterly Report – 1st Qtr. FY 2017-2018
           
22.   Acknowledgement of Receipt: (attach)
            a. MIS Summary for October 1, 2017 – November 30, 2017
            b. MIS Summary for October 1, 2017 – December 31, 2017
           
23.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (attach)
          a.   DK Haney Elections Building Proposal  

24.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. 
         a.  Bid Opening held on 2/6/2018 for work on Co. Roads 212, 264 and 274
         b.  Bid Opening held on 2/7/2018 for work on Co. Rd. 401S 

25.  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.
                       
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
Commissioner Precinct 4 Joe Don Dockery gave the invocation.
 
Item #3:
Pledge

The court led the Pledge of Allegiance to the United States and Texas Flags.
 
Item #4:
Comments
Herb Darling, Development Services, reported a fire occurred at the Transfer Station on February 13, 2018. There was no structural damage and is expected to reopen February 14, 2018.
 
Item #10:
Mobile Command Trailer
The court discussed submitting a bid to purchase a used mobile command trailer from P.E.C as a Western Region asset. Judge Oakley stated this is a 2016 trailer that is 48 feet and set up as a command trailer.

Matthew Austin, P.E.C, stated PEC is no longer in need of this type of trailer and is offering this to Governmental Agencies within their service area. Mr. Austin reported on the condition of the trailer and components.

Burnet County is in discussions with Llano and Blanco Counties to aid in financing and usage of the trailer.

Judge Oakley would like to consider possible funding options.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 3 Billy Wall to allow Commissioner Precinct 4 Joe Don Dockery and Commissioner Precinct 1 Jim Luther Jr. to continue investigating funding mechanisms to submit a bid.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #4:
Comments
Judge Oakley recognized Andi Ball with Congressman Roger Williams Office was in attendance.
 
Item #16:
Nuisance Control Program
The court discussed approval to apply for a grant from Office of the Governor, Criminal Justice Division, Justice Assistance Grant Program for Nuisance Control Program to work directly with Constables and District Attorney. Grant application would include personnel salary and benefit costs, training, pick-up, telephone, hotspot, computer, printer, drone, night vision binoculars, and contracted abatement costs.  No match is required.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to apply for a grant from Office of the Governor, Criminal Justice Division, Justice Assistance Grant Program for Nuisance Control Program to work directly with Constables and District Attorney. Grant application would include personnel salary and benefit costs, training, pick-up, telephone, hotspot, computer, printer, drone, night vision binoculars, and contracted abatement costs. No match is required.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Guard 1 Inmate Tracking System
The court discussed the approval to purchase the Guard 1 Inmate Tracking System to meet jail standards related to the Sandra Bland Act.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the purchase of the Guard 1 Inmate Tracking System to meet jail standards related to the Sandra Bland Act in the amount of $11,090.20 to be paid from restricted funds.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #15:
Application of Grants for the Sheriff's Office
The court discussed permission to apply for and approve and sign a resolution for a Body-Worn Camera Program, Third-Round Funding with the Office of the Governor, Criminal Justice Division for $43,116.40, with a  $10,779.10 match (20%) from the Sheriff’s office budget for a total of $53,895.50 for 30 cameras and assorted accessories and warranties for Sheriff’s office.  Application 3580001 due date : 5pm, February 20, 2018.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve permission to apply for and approve and sign a resolution for a Body-Worn Camera Program, Third-Round Funding with the Office of the Governor, Criminal Justice Division for $43,116.40, with a $10,779.10 match (20%) from the Sheriff’s office budget for a total of $53,895.50 for 30 cameras and assorted accessories and warranties for Sheriff’s office.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Patrick Atkison Variance Request
The court discussed a variance from the Burnet County Subdivision Regulations by Patrick Atkison for a 9.452 acre tract out of 58.531 acres of the Charles Cavanaugh Svy., Abst. #171, Burnet County, Texas.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a variance from the Burnet County Subdivision Regulations by Patrick Atkison for a 9.452 acre tract out of 58.531 acres of the Charles Cavanaugh Svy., Abst. #171, Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #4:
Comments
Commissioner Precinct 4 Joe Don Dockery stated training by CAPCOG for code red application will be held February 28th, 2018 from 1:30pm - 3:30pm in at the CAPCOG Offices in Austin.
 
Item #6:
Interlocal Agreement with Williamson County
The court discussed entering into an Inter local Agreement with Williamson County on a portion of road bordering Co. Rd. 322, and if so to negotiate a price for Pct. 3 to do the work.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to allow Commissioner Precinct 3 Billy Wall to negotiate a price to enter into an interlocal agreement with Williamson County.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Review of Financial Statements
The court discussed the review of financial statements provided to the County by ESD #8, ESD #7, ESD #4, and the Cassie Fire Department.
 

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

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Spicewood VFD
No action was taken.
 
Item #9:
2018 Annual Membership Dues
The court discussed the 2018 Annual Membership dues for the South Texas County Judges’ and Commissioners’ Association.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the 2018 Annual Membership dues for the South Texas County Judges’ and Commissioners’ Association.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Justice of the Peace Precinct 1 Request
The court discussed a request from JP Pct. 1 Judge Nelson for 2 Epson Workforce DS-860 Sheet fed Scanners to be paid out of the Technology Fund in the amount of $1,221.64.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a request from JP Pct. 1 Judge Nelson for 2 Epson Workforce DS-860 Sheet fed Scanners to be paid out of the Technology Fund in the amount of $1,221.64.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #12:
Donation from Vonnie Fox
The court discussed the donation of antique furnishings from Mrs. Vonnie Fox, for the historic jail on the square.

The furniture includes a bedroom suite that belonged to General Adam R Johnson, tables, chairs and another bedroom suite..
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 3 Billy Wall to approve the donation of antique furnishings from Mrs. Vonnie Fox, for the historic jail on the square.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Hill Country Children's Advocacy Center
No action was taken.
 
Item #14:
Simon Greenstone, Panatier, Bartlett, P.C. and Cappolino Dodd Krebs, LLP Law Firm Resolution
The court discussed a resolution 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.  The Retention Agreement was signed on December 21, 2017 in Commissioner’s Court, but Resolution was not included.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a resolution 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.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #18:
Executive Session
No action was taken.
 
Item #19:
Reconvene in Open Session
No action was taken.
 
Item #20:
Items Discussed in Executive Session
No action was taken.
 
Item #21:
Department Updates
The court heard Department Updates:

Herb Darling, Development Services, reported on Environmental Services. Mr. Darling stated there has not been a downturn in building permits or septic permits.
   
Sheriff Calvin Boyd, stated goals were 2 years and we have been completed in 1 year. Sheriff Boyd also reported on an Active Shooter Presentation that was held February 8, 2018.
 
Item #8:
Spicewood VFD
The court heard a presentation from Spicewood VFD regarding the number and types of fires responded to in the Fiscal Year of 2016/2017.

Please see attached report.
Attachments:
 
Item #21:
Department Updates
The court heard Department Updates:
            a. Approval of Treasurer’s Monthly Report – December 2017
            b. Approval of Treasurer’s Quarterly Report – 1st Qtr. FY 2017-2018

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

Commissioner Precinct 4 Joe Don Dockery, stepped out of the meeting.

Motion is made by: Commissioner Precinct 1 Jim Luther Jr. , Seconded by: Commissioner Precinct 3 Billy Wall to approve the Treasurer’s Monthly Report – December 2017.

Vote: 3 - 0 Passed - Unanimously

Commissioner Precinct 4 Joe Don Dockery, is now present.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther Jr. to approve the Treasurer’s Quarterly Report – 1st Qtr. FY 2017-2018.

Vote: 4 - 0 - Unanimously

Judge Oakley stated that Maintenance is finishing the CID area at the Sheriff's Office and that the EOC has fully moved.

Sheriff Calvin Boyd, reported on a Civilian Response to Active Shooter Program, held on February 8, 2018 at the Marble Falls High School. Sheriff Boyd announced the Sheriff's Office went live with RMS Software. He also stated to the court that when he took office him and his staff set goals for 2 years out. However they have completed those goals within the last year.
 
Item #22:
Acknowledgement of Receipt
The court made an Acknowledgement of Receipt:
            a. MIS Summary for October 1, 2017 – November 30, 2017
            b. MIS Summary for October 1, 2017 – December 31, 2017
 
 
Item #23:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
     a.  DK Haney Elections Building Proposal

Karen Hardin, County Auditor, added additional contracts with Enterprise Fleet Services and Mike Perriano for VetRIDES.

The court took no action on contracts with Enterprise Fleet Services.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a contract with DK Haney and Mike Perriano for VetRIDES.

Vote: 4 - 0 Passed - Unanimously

 
Item #24:
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.
      a.  Bid Opening held on 2/6/2018 for work on Co. Roads 212, 264 and 274
      b.  Bid Opening held on 2/7/2018 for work on Co. Rd. 401S

Judge Oakley reported on the bid opening for the following bids for work on Co. Rds 212,  264 and 274:
Pro Dirt Services, LLC           -  $647,268.20
Jimmy Evans Company          -  $664,017.60
Denbow Company                  -  $699,268.00
Fuquay, Inc                             -  $868,047.35
Capital Excavation Company -  $963,318.60 


Motion is made by: Judge Oakley, Seconded by: Commissioner Precinct 1 Jim Luther Jr. to award the bid to Pro Dirt Services LLC in the amount of $647,268.20.
Vote: 4 - 0 - Unanimously

Commissioner Precinct 4 Joe Don Dockery presented the following bids for work on Co. Rd. 401S:
Pro Dirt Services, LLC           -  $294,601.34
Jimmy Evans Company          -  $304,587.20
Denbow Company                  -  $313,326.77
Fuquay, Inc                             -  $298,999.99


Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to award the bid to Pro Dirt Services LLC in $294,601.34.
Vote: 4 - 0  - Unanimously
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to call for bids for paving oil and paving aggregate.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
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

Attachments:
 
Item #26:
Previous Agenda Items
No action was taken.
 
Item #27:
Calendar Review
The court discussed calendar review.
 
Item #28:
Adjournment
Judge Oakley adjourned the meeting at 10:20.