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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 28th day of August 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 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 and Pledge of Allegiance to the flags.
 
3.  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. 
 
4.  Approval of the First Responders Day Proclamation.
 
5.  Presentation from Kathy Kasparek and Patricia Bordie, the Director of Aging at CAPCOG to report and explain the data collection process.
 
6.  Discussion and/or action concerning the County Clerk Records Management Fee to $10.00 and increasing the County Clerk Records Archive Fee to $10.00 effective October 1, 2018.
 
7.  Discussion and/or Presentation of the Gold Star Safety Award from Larry Boccaccio with TAC.
 
8.  Discussion and/or action regarding the burn ban for the unincorporated areas of Burnet County.
 
9.  Discussion and/or action regarding a Replat of Lots 61A and 62, Summit Springs to be known as Lot 61B, Summit Springs.
 
10.  Discussion and/or action regarding a Public hearing concerning a replat of Lots 196-A and 201-A, Whitewater Springs, Sec. Two, recorded in County Clerk File No. 201711781, Official Public Records, Burnet County, Texas to be known as “A replat of Lots 196-A and 201-A Whitewater Springs, Sec. Two, Burnet County, Texas “followed by discussion and/or action on same.  The owner is revising Building Setbacks, Utility and Drainage Easements to conform to subdivision restrictive covenants.
 
 

11.  Discussion and/or action regarding a Public hearing concerning a replat of Lots 176-A, 179-A and 183-A, Whitewater Springs, Sec. Two, recorded in County Clerk File No. 201711780, Official Public Records, Burnet County, Texas to be known as “A replat of Lots 176-A, 179-A and 183-A, Whitewater Springs, Sec. Two, Burnet County, Texas “followed by discussion and action on same.  The owner is revising Building Setbacks, Utility and Drainage Easements to conform to subdivision restrictive covenants and abandoning that portion of Suncrest Trail which lies beyond the Cul-de-sac at the Southeast corner of said Lot 183-A.
 
12. Discussion and/or action regarding a cash bond agreement for Legendary Estates.
 
13.  Discussion and/or action regarding appointment of an ESD #9 Commissioner to the ESD #9 Board.
 
14.  Discussion and/or action regarding permission to apply for American Police and Sheriffs Association (APSA) equipment donation for Fix-A-Flat program previously submitted and rejected by Walmart. Request will be for 30 Torin 2-Ton Hydraulic Trolley Jacks current price $19.98, 30 lug wrenches current price $13.53, and 50 paris of Mechanix gloves current price $16.00 for a total of $1805.30.
 
15.  Discussion and/or Approval to approve and sign amendment for CAPCOG FY2018-2019 for Solid Waste for HHW Collection Event to make change to reporting date requirements.
 
16.  Discussion and/or action to accept and sign for FY2018 Statewide Automated Victim Notification Service (SAVNS) Service Agreement with Appriss, Inc. for $16,995.37.
 
17. Discussion and/or action regarding tax anticipation note.
 
18. Discussion and/or action regarding Public Hearings:
            a. 10:45 am County Clerk Records Archive
            b. 10:50 am District Clerk Records Archive
            c. 11:00 am Burnet Count proposed ad valorem tax rate and Budget for FY 2018-2019
 
19. Discussion and/or action regarding the Burnet County proposed 2018-2019 budget and notification of date, time and place of the Open Public Meeting on said budget.
 
20.  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).   
           
21. Reconvene in Open Session.
 
22. 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.
 
23.  Discussion and/or action regarding Department Updates:
           
24.   Acknowledgement of Receipt:
 
25.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
             a.  Contract with Marble Falls EMS to provide 911 ambulance services
             b.  Ratification of TAS Contract
             c.  Herman Brown Library
             d.  Fiesta Jam Tourism Event 

26.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
 
 27.  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.
                       
28.  Discussion regarding any previous agenda items.
                                                                                                                           
29.  Calendar Review.
 
30.  Discussion and/or action concerning the appointments to the CAPCOG General Assembly.
 
31.  Adjournment.
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation and Pledge
Judge Oakley called for a moment of silence for the passing of Sen. John McCain.

The court led in the Pledge of Allegiance to the Flags.
 
Item #3:
Comments
No comments were made.
 
Item #5:
CAPCOG
The court heard a presentation from Kathy Kasparek and Patricia Bordie, the Director of Aging at CAPCOG to report and explain the data collection process.

Kathy Kasparek, Area Agency on Aging Board Member, thanked the court for the appointment to the Area Aging Board at CAPCOG.

Patricia Bordie, Director, stated they serve a 10 County Region and spoke on behalf of all services offered.
 
Item #10:
Lots 196A and 201A Whitewater Springs, Sec. 2
The court held Public Hearing concerning a replat of Lots 196-A and 201-A, Whitewater Springs, Sec. Two, recorded in County Clerk File No. 201711781, Official Public Records, Burnet County, Texas to be known as “A replat of Lots 196-A and 201-A Whitewater Springs, Sec. Two, Burnet County, Texas “followed by discussion and/or action on same.  The owner is revising Building Setbacks, Utility and Drainage Easements to conform to subdivision restrictive covenants.

Don Sherman, Willis Sherman and Associates, and Herb Darling, Environmental Services Director, presented the replat to the court.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a replat of Lots 196-A and 201-A, Whitewater Springs, Sec. Two, recorded in County Clerk File No. 201711781, Official Public Records, Burnet County, Texas to be known as “A replat of Lots 196-A and 201-A Whitewater Springs, Sec. Two, Burnet County, Texas".

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #11:
Lots 176-A, 179-A and 183-A, Whitewater Springs, Sec. Two
The court held a Public Hearing concerning a replat of Lots 176-A, 179-A and 183-A, Whitewater Springs, Sec. Two, recorded in County Clerk File No. 201711780, Official Public Records, Burnet County, Texas to be known as “A replat of Lots 176-A, 179-A and 183-A, Whitewater Springs, Sec. Two, Burnet County, Texas “followed by discussion and action on same.  The owner is revising Building Setbacks, Utility and Drainage Easements to conform to subdivision restrictive covenants and abandoning that portion of Suncrest Trail which lies beyond the Cul-de-sac at the Southeast corner of said Lot 183-A.

Don Sherman, Willis Sherman and Associates, and Herb Darling, Environmental Services Director, presented the replat to the court.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a replat of Lots 176-A, 179-A and 183-A, Whitewater Springs, Sec. Two, recorded in County Clerk File No. 201711780, Official Public Records, Burnet County, Texas to be known as “A replat of Lots 176-A, 179-A and 183-A, Whitewater Springs, Sec. Two, Burnet County, Texas".

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Lots 61A and 62, Summit Springs
The court discussed a replat of Lots 61A and 62, Summit Springs to be known as Lot 61B, Summit Springs.

Herb Darling, Environmental Services Director and Marissa Canales, Cuplin and Associates, presented the replat to the court.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a replat of Lots 61A and 62, Summit Springs to be known as Lot 61B, Summit Springs.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Gold Star Safety Award
The court received a presentation of the Gold Star Safety Award from Larry Boccaccio with TAC.

Larry Boccaccio, TAC, presented the Gold Star Safety Award to the court. Mr. Boccaccio stated Burnet County is one of 9 Texas Counties receiving this award for 2017.

Herb Darling, Environmental Services Director, thanked Commissioner Precinct 4 Joe Don Dockery for leading safety awareness.
Attachments:
 
Item #4:
First Responders Day
The court discussed approval of a First Responders Day Proclamation.

The court agreed to adopt a Proclamation recognizing September 11, 2018 as First Responder's Day.
 
Item #6:
County Clerk Records Management
The court discussed the County Clerk Records Management Fee to $10.00 and increasing the County Clerk Records Archive Fee to $10.00 effective October 1, 2018.

Janet Parker, County Clerk, presented the Records Archival Plan to the court and is requesting the court to increase the County Clerk Records Management Fee to $10.00.

No action was taken at this time.
 
Item #8:
Burn Ban
The court discussed the burn ban for the unincorporated areas of Burnet County.

Herb Darling, Environmental Services Director, recommends no action on this agenda item.

No action was taken.
 
Item #12:
Legendary Estates
The court discussed a cash bond agreement for Legendary Estates.

Herb Darling, Environmental Services Director, recommends forming a committee to investigate the extension of the bond. Mr. Darling would like to have Commissioner Precinct 1 Jim Luther Jr., and Eddie Arredondo, County Attorney, appointed to the committee. 

No action was taken.
 
Item #23:
Department Updates
The court heard Departmental Updates:

Herb Darling, Environmental Services Director, stated his office has seen a rise in interest concerning R.V. Parks and Rock Quarries.

Janet Parker, County Clerk, reported on the recent Probate Conference.

Chief Cummings reported on the Jail.
 
Item #13:
ESD #9
The court discussed the appointment of an ESD #9 Commissioner to the ESD #9 Board.

Commissioner Precinct 4 Joe Don Dockery proposes appointing Randy Steele to the ESD #9 Commissioner.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to appoint Randy Steele to ESD #9 Commissioner.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
American Police and Sheriffs Association (APSA) Equipment Donation
The court discussed permission to apply for American Police and Sheriffs Association (APSA) equipment donation for Fix-A-Flat program previously submitted and rejected by Walmart.  Request will be for 30 Torin 2-Ton Hydraulic Trolley Jacks current price $19.98, 30 lug wrenches current price $13.53, and 50 pairs of Mechanix gloves current price $16.00 for a total of $1805.30.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve permission to apply for American Police and Sheriffs Association (APSA) equipment donation for Fix-A-Flat program previously submitted and rejected by Walmart. Request will be for 30 Torin 2-Ton Hydraulic Trolley Jacks current price $19.98, 30 lug wrenches current price $13.53, and 50 pairs of Mechanix gloves current price $16.00 for a total of $1805.30.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
HHW Collection Event
The court discussed to approve and sign amendment for CAPCOG FY2018-2019 for Solid Waste for HHW Collection Event to make change to reporting date requirements.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve and sign an amendment for CAPCOG FY2018-2019 for Solid Waste for HHW Collection Event to make change to reporting date requirements.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #16:
FY2018 Statewide Automated Victim Notification Service (SAVNS)
The court discussed to accept and sign for FY2018 Statewide Automated Victim Notification Service (SAVNS) Service Agreement with Appriss, Inc. for $16,995.37.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to accept and sign for FY2018 Statewide Automated Victim Notification Service (SAVNS) Service Agreement with Appriss, Inc. for $16,995.37.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #17:
Tax Anticipation Note
The court discussed tax anticipation note.
 
Item #19:
Burnet County Proposed 2018-2019 Budget
No action was taken.
 
Item #20:
Executive Session
No action was taken.
 
Item #21:
Reconvene in Open Session
No action was taken.
 
Item #22:
Items Discussed in Executive Session
No action was taken.
 
Item #24:
Acknowledgement of Receipt
No action was taken.
 
Item #25:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
            a.  Contract with Marble Falls EMS to provide 911 ambulance services
            b.  Ratification of TAS Contract
            c.  Herman Brown Library
            d.  Fiesta Jam Tourism Event

Carol Poppema, Assistant Auditor, added an additional contract with KC Engineering for Precinct #2 in the amount of $18,460.00. Mrs. Poppema also added a contract with Circle S Pest Control for termite treatment at the Oakalla Community Center in the amount of $3500.00 annually.
 

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

Vote: 5 - 0 Passed - Unanimously

 
Item #30:
CAPCOG General Assembly
 The court discussed appointments to the CAPCOG General Assembly.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to reappoint Commissioner Precinct 4 Joe Don Dockery and Judge James Oakley to the CAPCOG General Counsel.

Vote: 5 - 0 Passed - Unanimously

 
Item #27:
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:
            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 2 Russell Graeter to approve the Consent Agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

 
Item #28:
Previous Agenda Items
No action was taken.
 
Item #29:
Calendar Review
The court discussed calendar review.

Judge Oakley stated there is a possible music festival coming to Burnet. Judge Oakley will meet with the promoters Tuesday August 28, 2018 at 2:00 p.m.

Commissioner Precinct 4 Joe Don Dockery stated the County is still trying to acquire a Mobile Command Center.

Commissioner Precinct 4 Joe Don Dockery stated the Emergency Alert System, Code Red, will be going offline on September 24, 2018. Ever Bridge will replace this alert system on September 26, 2018.
 
Recess
The court recessed at 10:05 a.m.
 
Reconvene
The court reconvened at
 
Item #23:
Department Updates
The court heard Departmental Updates:

Judge Oakley stated the need for repairs on the North Annex and Sheriff's Office parking lot.

Commissioner Precinct 1 Jim Luther Jr. and Commissioner Precinct 2 Russell Graeter stated they will look into this project.
 
Item #18:
Public Hearings
The court held Public Hearings:
            a. 10:45 am County Clerk Records Archive
 
Judge Oakley noted for the record, no one from the public was in attendance.

Janet Parker, County Clerk, proposed raising the Records Management Fee and Records Archive Fee to fund the Records Archival Plan.
 
Item #6:
County Clerk Records Management
The court discussed the County Clerk Records Management Fee to $10.00 and increasing the County Clerk Records Archive Fee to $10.00 effective October 1, 2018.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the County Clerk Records Management Fee to $10.00 and increasing the County Clerk Records Archive Fee to $10.00 effective October 1, 2018.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Public Hearings
The court held Public Hearings:
           b. 10:50 am District Clerk Records Archive
           c. 11:00 am Burnet County proposed ad valorem tax rate and Budget for FY 2018-2019
 
The court took no action on item b.

Judge Oakley noted no one from the public was in attendance for item c.
 
 
Item #17:
Tax Anticipation Note
The court discussed tax anticipation note.

Burnet County is in the window of time to accept bids.
 
Item #26:
Call for Bids/Requests for Proposals/Qualifications
No action was taken.
 
Item #31:
Adjournment
Judge Oakley adjourned the meeting at 11:03 a.m.