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Minutes for Special Session

The State of Texas       {}
County  of  Burnet       {}           On this the 7th day of August, 2018, the Burnet County Commissioners Court met in Special 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.  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. 
 
3.  Discussion and/or action regarding extending or modifying the Declaration of Disaster and Order Prohibiting Outdoor Burning for Burnet County issued on 7/30/2018 under Section 418.108 of the Texas Government Code and/or adopting a burn ban for the unincorporated areas of Burnet County under Chapter 352 of the Local Government Code (Oakley, Herb)
 
4.  Discussion and/or action concerning the approval of a bond for John “Chip” Leake, Constable Precinct #3.
 
5.  Discussion and/or action concerning the selection of members to the Salary Grievance Committee.
 
6.  Discussion and/or action to accept and approve electronic signature for FY2018 Statewide Automated Victim Notification Service (SAVNS) Maintenance Grant Contract for $16,995.37 and the FY2018 Statewide Automated Victim Notification Service (SAVNS) Maintenance Grant Contract for $16,995.37 from the Office of the Attorney General to assist in maintaining a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime.
 
7.  Discussion and/or action regarding the Tax Anticipation Notes for Road Improvements.
 
8.  Discussion and/or action regarding TAC Risk Management acceptance and allocation of safety funding for RB Departments.
 
9.  Discussion and/or action concerning the Building Permit issued for Inks Isle, LLC development and adverse communications from The Willows Subdivision representatives.
 
10.  Discussion and/or action concerning access to private property to mitigate the fire that occurred on 7/29/18.
 
11.  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. Discuss with legal counsel in closed session pursuant to 551.072, Texas Government Code, removal of obstruction from County Road 345 right-of-way
           
12. Reconvene in Open Session.
 
13. 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.
         a. Consider and take possible action regarding authorization to remove obstruction from County Road 345 pursuant to 251.003, 251.008 and 251.016 of the Texas Transportation Code, and authorizing steps necessary to enforce Section 42.03, Texas Penal Code, regarding obstruction to public right-of-way or passageway 

14.  Departmental Updates
 
15.  Acknowledgement of Receipt:
 
16.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
      a. Non-financial Child Welfare Services Agreement
     
17.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)
      a. Recommendation from KC Engineering on Road Project County Road 120 bid opening that was held on July 17, 2018
      b. Work Order 17-103.8 from KC Engineering for County Roads 322, 323, 340, and 342c
     
18.  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:
            a. Consideration and approval of any pending personnel issues within the policy.
            b. Payroll approval.
            c. Consideration and approval concerning budget amendments.
            d. Consideration and approval concerning budget line item transfers.
            e. Consideration and authorization of payment of claims previously approved by the County Auditor.
            f. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
            g. Consideration and approval regarding Departmental equipment requests and/or property transfers.
            h. Correspondence.
 
 

19.  Discussion regarding any previous agenda items.
 
20.  Adjournment
 
Item # 1:
Call to Order
Judge Oakley called the meeting to order at 11:30 a.m.
 
Item #2:
Comments
No public comments were made.
 
Item #3:
Declaration of Disaster and Order Prohibiting Outdoor Burning
The court discussed extending or modifying the Declaration of Disaster and Order Prohibiting Outdoor Burning for Burnet County issued on 7/30/2018 under Section 418.108 of the Texas Government Code and/or adopting a burn ban for the unincorporated areas of Burnet County under Chapter 352 of the Local Government Code.

Herb Darling, Development Services, presented the ratified declaration to the court.

Commissioner Precinct 4 Joe Don Dockery stated the KBDI is currently at 707.
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall  to approve a ratification of the Declaration of Disaster and Order Prohibiting Outdoor Burning for Burnet County issued on 7/30/2018 under Section 418.108 of the Texas Government Code and/or adopting a burn ban for the unincorporated areas of Burnet County under Chapter 352 of the Local Government Code.

Vote: 4 - 0 - Unanimously

Attachments:
 
Item #4:
Bond Approval
The court discussed concerning the approval of a bond for John “Chip” Leake, Constable Precinct #3.
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a bond for John “Chip” Leake, Constable Precinct #3.

Vote: 4 - 0 - Unanimously

 
Item #5:
Salary Grievance Committee
The court discussed the selection of members to the Salary Grievance Committee.

The court drew 9 additional names.
 
Item #6:
FY2018 Statewide Automated Victim Notification Service (SAVNS) Maintenance Grant
The court discussed action to accept and approve electronic signature for FY2018 Statewide Automated Victim Notification Service (SAVNS) Maintenance Grant Contract for $16,995.37 and the FY2018 Statewide Automated Victim Notification Service (SAVNS) Maintenance Grant Contract for $16,995.37 from the Office of the Attorney General to assist in maintaining a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime.

Karen Hardin, County Auditor, stated this grant is for FY2018 and FY 2019.
 

Motion was made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept and approve electronic signature for FY2018 Statewide Automated Victim Notification Service (SAVNS) Maintenance Grant Contract for $16,995.37 and the FY2018 Statewide Automated Victim Notification Service (SAVNS) Maintenance Grant Contract for $16,995.37 from the Office of the Attorney General to assist in maintaining a statewide system that will provide relevant offender release information, notification of relevant court settings or events, promote public safety and support the rights of victims of crime.

Vote: 4 - 0 - Unanimously

 
Item #7:
Tax Anticipation Notes for Road Improvements
The court discussed the Tax Anticipation Notes for Road Improvements.

Karen Hardin, County Auditor, presented the options to the court.
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to allow the Auditor to move forward with processes to issue Tax Anticipation Notes.

Vote: 4 - 0 - Unanimously

Attachments:
 
Item #8:
TAC Risk Management
The court discussed TAC Risk Management acceptance and allocation of safety funding for RB Departments.

Karen Hardin, County Auditor, presented the Employee Safety Equipment Program to the court.
 

Motion was made by Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a contract with TAC Risk Management for the acceptance and allocation of safety funding for RB Departments.

Vote: 4 - 0

 
Item #9:
Inks Isle, LLC Development
No action was taken.
 
Item #10:
Fire
The court discussed access to private property to mitigate the fire that occurred on 7/29/18.

Herb Darling, Development Services, stated the property owner has been notified.
 

Motion was made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall  to approve access to private property to mitigate the fire that occurred on 7/29/18.

Vote: 4 - 0 - Unanimously

 
Item #14:
Departmental Updates
The court heard Departmental Updates:

Herb Darling, Development Services, reported on Environmental Services and construction values.
Attachments:
 
Item #15:
Acknowledgement of Receipt
No action was taken.
 
Item #16:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
      a. Non-financial Child Welfare Services Agreement

Karen Hardin, County Auditor, added a subgrant request with FEMA for the fires on C.R. 116 and park Road 4. Mrs. Hardin also added an MOU with Bluebonnet Trails for an additional Mental Health Officer.
 

Motion was made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve item a, plus the additional contracts.

Vote: 4 - 0 - Unanimously

 
Item #17:
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. Recommendation from KC Engineering on Road Project County Road 120 bid opening that was held on July 17, 2018
      b. Work Order 17-103.8 from KC Engineering for County Roads 322, 323, 340, and 342c

Judge Oakley stated the court recieved two bids for item a:
Pro Dirt Services LLC - $1,407,054.15
Allen Keller Company - $1,815,446.64.
 

Motion was made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to award the bid to Pro Dirt Services and approve work order 17-103.8.

Vote: 4 - 0 - Unanimously

 
Item #18:
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:
            a. Consideration and approval of any pending personnel issues within the policy.
            b. Payroll approval.
            c. Consideration and approval concerning budget amendments.
            d. Consideration and approval concerning budget line item transfers.
            e. Consideration and authorization of payment of claims previously approved by the County Auditor.
            f. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
            g. Consideration and approval regarding Departmental equipment requests and/or property transfers.
            h. 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: 4 - 0 Passed - Unanimously

Karen Hardin, County Auditor, added an additional handcheck request for Constable Precinct #3 for TCOLE application in the amount of $35.00.
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a handcheck for TCOLE in the amount of $35.00.

Vote: 4 - 0

 
Item #11:
Executive Session
The court entered 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. Discuss with legal counsel in closed session pursuant to 551.072, Texas Government Code, removal of obstruction from County Road 345 right-of-way.
 
 
Item #12:
Reconvene in Open Session
The court reconvened in open session.
 
Item #13:
Items Discussed in Executive Session
The court spoke on items discussed in Executive Session and take up for consideration and possible action, pursuant to Chapter 262, Texas Local Government Code. 
             a.  Consider and take possible action regarding authorization to remove obstruction from County Road 345 pursuant to 251.003, 251.008 and 251.016 of the Texas Transportation Code, and authorizing steps necessary to enforce Section 42.03, Texas Penal Code, regarding obstruction to public right-of-way or passageway
 

Motion was made by Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve an action regarding authorization to remove obstruction from County Road 345 pursuant to 251.003, 251.008 and 251.016 of the Texas Transportation Code, and authorizing steps necessary to enforce Section 42.03, Texas Penal Code, regarding obstruction to public right-of-way or passageway.

Vote: 4 - 0 - Unanimously

 
Item #19:
Previous Agenda Items
No action was taken.
 
Item #20:
Adjournment
Judge Oakley adjourned the meeting at 12:21 p.m.