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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 11th day of September 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; Carol Poppema, Assistant 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.  Discussion and/or action regarding the Hunger Awareness Proclamation on behalf of the Burnet County Hunger Alliance
 
5.  Discussion and/or action concerning coverage of the Magistrate’s office during his scheduled and/or non-scheduled absence
 
6.  Discussion and/or action regarding a bond extension agreement for Cash Bond #CB-16-9-01, pertaining to Legendary Estates on Lake LBJ, Phase 1
 
7.  Discussion and/or action regarding the new Sheriff and Constable Fees for 2019
 
8.  Discussion and/or action regarding the burn ban for the unincorporated areas of Burnet County
 
9.  Discussion and/or action regarding the Replat of Lots 9 and 10, Block B, Kingsland Hills Section One, a subdivision in Burnet County, Texas as shown on Plat recorded in Cabinet 1, Slide 56c, Plat records of Burnet County, Texas, to be known as Lot 9A, Block B, Kingsland Hills, Section One
 
10.  Discussion and/or action regarding the adoption of the tax rate
 
11. Discussion and/or action regarding tax anticipation note
 
12. Discussion and/or action regarding Public Hearings: 
            a. 11:00 am Burnet County adoption of proposed ad valorem tax rate and Budget for FY 2018-2019
 
13. 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 
 
14.  Discussion and/or consideration and approval of an order by the Commissioners Court of Burnet County, Texas authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2018” Levying an annual ad valorem tax, within the limitations prescribed  by law, for the payment of the notes; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the notes; authorizing the execution of a paying agent/registrar agreement and a purchase and investment letter; complying with the requirements of the depository trust company’s letter of representations; authorizing the execution of any necessary engagement agreements with the county’s financial advisors and/or bond counsel; and providing an effective date (Hardin, Oakley)
15.  Discussion and/or action to adopt the order authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2018” (Hardin, Oakley)
16.  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).   
           
17. Reconvene in Open Session. 
 
18. 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.
 
19.  Discussion and/or action regarding Department Updates:
            a. Treasurer Report for July
           
20.   Acknowledgement of Receipt:
            a. MIS Summary for October 1, 2017 – July 31, 2018
 
21.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
          a.  Imagine for : District Attorney; Library System; County Jail; Burnet County
          b.  Circle S Pest Control
          c.  Burnet Chamber of Commerce
          d.  Marble Falls Are Chamber of Commerce
         e.  Jim Barho emergency Management Coordinator
          f.  Phil Pall Veteran Service Officer
         g.  Sophie McCoy Vetride Coordinator
         h.  MOU between Burnet County, burnet CISD and Williamson Burnet County Opportunities Affirming Physical Space at 607 N. Vanderveer Street
           i.  Burnet County and City of Bertram for Library Support
           j.  Burnet County and City of Burnet for Library Support
          k.  Burnet County and City of Marble Falls for Library Support
           l.  Burnet County and City of Burnet for Emergency Medical Services
         m.  Burnet County and  Del Mar Management (Public Defender Office space )
          n.  Burnet County and Boys and Girls Club of Highland Lakes
          o.  Burnet County and Court Appointed Special Advocate Services
          p.  Burnet County and Capital Area rural Transportation
          q.  Burnet County and Family Crisis Center
           r.  Burnet County and Hill Country Advocacy Center
          s.  Burnet County and Seton Highland Lakes Care-A-Van
           t.  Burnet County and Williamson Burnet County Opportunities
          u.  Burnet County and Bertram Volunteer Fire Department
          v.  Burnet County and Burnet Volunteer Fire Department
         w.  Burnet County and Cassie Volunteer Fire Department
          x.  Burnet County and Briggs Volunteer Fire Department
          y.  Burnet County and City of Burnet For Emergency Fire Response
          z.  Burnet County and City of Granite Shoals for Emergency Fire Response
        aa.  Burnet County and Cottonwood Shores Volunteer Fire Department
        bb.  Burnet County and East Lake Buchanan Volunteer Fire Department
        cc.  Burnet County and Hoover Valley Volunteer Fire Department
       dd.  Burnet County and Marble Falls Area  Volunteer Fire Department
       ee.  Burnet County and Oakalla Volunteer Fire Department
        ff.  Burnet County and Spicewood Volunteer Fire Department
        gg.  City of Bertram, City of Burnet, City of Granite Shoals, City of Cottonwood Shores, City of Granite Shoals Law Enforcement Assistance Contract
        hh.  Burnet Change Order for CR 322 and 330
          ii.  Burnet Change Order for Pay App
          jj.  Resolution approving Governmental Financing and addendum to financing proposal 
 
22.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
              a.  Approval to go out for a bid to purchase transport bus for jail
              b.  Approval of bid opening held on September 11, 2018 for RB4 pickup
              c.  Reimbursement Resolution for purchase of 2018 pickup for RB4
              d.  Reimbursement Resolution amendment on Ford Explorers 
 
23.  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.
                       
24.  Discussion regarding any previous agenda items.
                                                                                                                           
25.  Calendar Review.
 
26.  Adjournment.
 
ADDENDUM
 
1.  Discussion and/or action on the possible acceptance on donation of real property in Horseshoe Bay Area
 
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
The court held a moment of silence in remembrance of 9/11.

The court led the Pledge of Allegiance to the United States and Texas Flags.
 
Item #3:
Comments
No public comments were made.
 
Item #4:
Hunger Awareness Proclamation
The court discussed the Hunger Awareness Proclamation on behalf of the Burnet County Hunger Alliance.

Pam Rogers, Founding Member of the Burnet County Hunger Alliance, updated the court on the Hunger Alliance. Mrs. Rogers thanked the court for the Proclamation.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Hunger Awareness Proclamation on behalf of the Burnet County Hunger Alliance.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Department Updates
The court heard Department Updates.

Joy Shirley, Llano Uplift Chapter of the Daughters of the American Revolution, updated the court on awards received and recent donations.

Judge Oakley read a Proclamation designating September 17, 2018 to September 23, 2018 as Constitution Week.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr., to approve a proclamation designating September 17, 2018 to September 23, 2018 as Constitution Week.

Vote: 5 - 0 Passed - Unanimously
 
Joy Shirley, Llano Uplift Chapter of the Daughters of the American Revolution, presented Judge Oakley with a Certificate of Appreciation for his continued support of American History.
 
Item #11:
Tax Anticipation Note
The court discussed Tax Anticipation Note.

Duane Westerman, SAMCO Capital Markets, Inc., stated they accepted bids from 7 different banking institutions. However Security State Bank provides additional ways to help cover costs of issuance yielding a higher amount received. Mr. Westerman stated he is recommending accepting a bid from Security State Bank.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a bid from Security State Bank for Tax Anticipation Note.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #5:
Magistrate's Office
The court discussed coverage of the Magistrate’s Office during his scheduled and/or non-scheduled absence.

Judge Kirk Noaker stated he needs other Magistrates to fill in while he is scheduled to be in conferences.

Judge Pounds stated she would be happy to assist with Jail Call Magistration.

Judge Nelson stated she would be able to assist with Magistration.

Judge Simon thanked all the J.P.s and Judges for always providing the extra Magistrate coverage.

The Magistrates will meet to work out a plan.

The court took no action.
 
Item #20:
Acknowledgement of Receipt
The court made an Acknowledgement of Receipt:
 
Judge Oakley stated he has received a letter from Donna Klaeger resigning from the Region K Water Board and Bluebonnet Trails Community Services Board.

Judge Oakley asked Judge Nelson to serve on the Bluebonnet Trails Community Service Board. Judge Nelson stated she would have to resign from another board due to both meetings being held at the same time.

Judge Oakley stated this will be a future agenda item.
 
Addendum
The court discussed the possible acceptance on donation of real property in Horseshoe Bay Area.

Judge Oakley stated this property is known as the Fuch's House, a historic home site in Horseshoe Bay, Burnet County.

Judge Oakley and Commissioner Precinct 4 Joe Don Dockery have reservations accepting the donation of this property.

JoAnn Myers, Chairwoman, reported the Historical Commission can help assist with fund raising for this building. Mrs. Myers agrees the building needs preservation but does not feel this would be a good building for the County to own.

No action was taken on this agenda item.
 
Recess
The court recessed at 10:20 a.m.
 
Reconvene
The court reconvened at 10:30 a.m.
 
Item #19:
Department Updates
The court heard Department Updates:
             a. Treasurer's Report for July

Karrie Crownover, Burnet County Treasurer, presented the report to the court.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther Jr., to approve the Treasurer's Monthly Report.

Vote: 5 - 0 Passed - Unanimously

Karrie Crownover, Burnet County Treasurer, stated her new employee, Ilona Lawson, is settling into her position.

Sara Ann Luther, H.R. Director, reported on the H.R. Department.

Herb Darling, Environmental Services Director, reported on Permitting and Subdivision Rules and Regulations.
 
Item #8:
Burn Ban
The court discussed the burn ban for the unincorporated areas of Burnet County.

Judge Oakley stated the burn ban was lifted September 6, 2018.

No action was taken.
 
Item #6:
Legendary Estates on Lake LBJ, Phase 1
The court discussed a bond extension agreement for Cash Bond #CB-16-9-01, pertaining to Legendary Estates on Lake LBJ, Phase 1.

Herb Darling, Environmental Services Director, stated the bond expires September 22, 2018.

Colleen Davis, Asst. County Attorney, reported Eddie Arrendondo, County Attorney, stated the extension is sufficient.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a bond extension agreement for Cash Bond #CB-16-9-01, pertaining to Legendary Estates on Lake LBJ, Phase 1.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #9:
Lots 9 and 10, Block B, Kingsland Hills Section One
No action was taken.
 
Item #7:
Sheriff and Constable Fees for 2019
The court discussed the new Sheriff and Constable Fees for 2019.

Capt. Chris Jett presented the new fees to the court.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve the new Sheriff and Constable Fees for 2019.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Adoption of Tax Rate
No action was taken.
 
Item #13:
Burnet County Proposed 2018-2019 Budget
No action was taken.
 
Item #14:
Burnet County, Texas Tax Notes, Series 2018
The court discussed approval of an order by the Commissioners Court of Burnet County, Texas authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2018” Levying an annual ad valorem tax, within the limitations prescribed  by law, for the payment of the notes; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the notes; authorizing the execution of a paying agent/registrar agreement and a purchase and investment letter; complying with the requirements of the depository trust company’s letter of representations; authorizing the execution of any necessary engagement agreements with the county’s financial advisors and/or bond counsel; and providing an effective date.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve an order by the Commissioners Court of Burnet County, Texas authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2018” Levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the notes; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the notes; authorizing the execution of a paying agent/registrar agreement and a purchase and investment letter; complying with the requirements of the depository trust company’s letter of representations; authorizing the execution of any necessary engagement agreements with the county’s financial advisors and/or bond counsel; and providing an effective date.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #15:
Issuance of “Burnet County, Texas Tax Notes, Series 2018”
The court discussed an action to adopt the order authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2018”
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve an action to adopt the order authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2018”.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Executive Session
No action was taken.
 
Item #17:
Reconvene in Open Session
No action was taken.
 
Item #18:
Items Discussed in Executive Session
No action was taken.
 
Item #20:
Acknowledgement of Receipt
The court made an Acknowledgement of Receipt: 
            a. MIS Summary  for October 1, 2017 – July 31, 2018
 
Attachments:
 
Item #21:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
         a.  Imagine for : District Attorney; Library System; County Jail; Burnet County
         b.  Circle S Pest Control
         c.  Burnet Chamber of Commerce
         d.  Marble Falls Are Chamber of Commerce
         e.  Jim Barho emergency Management Coordinator
          f.  Phil Pall Veteran Service Officer
         g.  Sophie McCoy Vetride Coordinator
         h.  MOU between Burnet County, burnet CISD and Williamson Burnet County Opportunities Affirming Physical Space at 607 N. Vanderveer Street
          i.  Burnet County and City of Bertram for Library Support
          j.  Burnet County and City of Burnet for Library Support
         k.  Burnet County and City of Marble Falls for Library Support
          l.  Burnet County and City of Burnet for Emergency Medical Services
        m.  Burnet County and Del Mar Management (Public Defender Office space)
         n.  Burnet County and Boys and Girls Club of Highland Lakes
         o.  Burnet County and Court Appointed Special Advocate Services
         p.  Burnet County and Capital Area rural Transportation
         q.  Burnet County and Family Crisis Center
          r.  Burnet County and Hill Country Advocacy Center
         s.  Burnet County and Seton Highland Lakes Care-A-Van
          t.  Burnet County and Williamson Burnet County Opportunities
         u.  Burnet County and Bertram Volunteer Fire Department
         v.  Burnet County and Burnet Volunteer Fire Department
        w.  Burnet County and Cassie Volunteer Fire Department
         x.  Burnet County and Briggs Volunteer Fire Department
         y.  Burnet County and City of Burnet For Emergency Fire Response
         z.  Burnet County and City of Granite Shoals for Emergency Fire Response
       aa.  Burnet County and Cottonwood Shores Volunteer Fire Department
       bb.  Burnet County and East Lake Buchanan Volunteer Fire Department
       cc.  Burnet County and Hoover Valley Volunteer Fire Department
       dd.  Burnet County and Marble Falls Area Volunteer Fire Department
       ee.  Burnet County and Oakalla Volunteer Fire Department
        ff.  Burnet County and Spicewood Volunteer Fire Department
       gg.  City of Bertram, City of Burnet, City of Granite Shoals, City of Cottonwood Shores, City of Granite Shoals Law Enforcement Assistance Contract
       hh.  Burnet Change Order for CR 322 and 330
         ii.  Burnet Change Order for Pay App
         jj.  Resolution approving Governmental Financing and addendum to financing proposal
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve agenda item #21 in its entirety.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #22:
Call for Bids/Requests for Proposals/Qualifications
The court discussed a Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
          a.  Approval to go out for a bid to purchase transport bus for jail
          b.  Approval of bid opening held on September 11, 2018 for RB4 pickup
          c.  Reimbursement Resolution for purchase of 2018 pickup for RB4
          d.  Reimbursement Resolution amendment on Ford Explorers

Commissioner Precinct 4 Joe Don Dockery stated item b was held September 10, 2018. Commissioner Dockery read the following bids into the record:
Johnson Sewell - $35, 646.00
Hoffpauir           - $30, 651.05

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Russell Graeter to approve a bid from Hoffpauir in the amount of $30,651.05.

Vote: 5 - 0 Passed - Unanimously

Judge Oakley stated the County needs to go back out for bids for construciton on C.R. 212 and C.R. 274.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve items a, c, d and call for bids for construction on C.R. 212 and C.R. 214.

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
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.
 
Judge Oakley pulled item d.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the consent agenda with the exception of item d.

Vote: 5 - 0 Passed - Unanimously

Carol Poppema, Assistant Auditor, added an additional request for a hand check for R&B #4 for the purchase of a vehicle. Mrs. Poppema added another hand check request for the Public Defender's Office for per diem for witnesses.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve hand checks for R&B 4 and the Public Defender's Office.

The court discussed all line item transfers.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve all line item transfers.

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Public Hearings
The court held Public Hearings:
            a. 11:00 am Burnet County adoption of proposed ad valorem tax rate and Budget for FY 2018-2019

Judge Oakley noted no one from the public was present.

Public Hearing closed.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to adopt the 2018-2019 Burnet County Budget as presented.

Roll Call Vote:
Luther    - Aye
Graeter  - Aye
Wall       - Aye
Dockery - Aye
Judge    - Aye

Judge Oakley noted a unanimous vote

Motion is made by Commissioner Precinct 2 Russell Graeter, Seconded by Commissioner Precinct 3 Billy Wall to approve the adoption of a Tax Rate of $.3900, which is an effective tax rate increase of 6.01%. This Tax Rate will raise more taxes for Maintenance and Operations than last year's Tax Rate.

Roll Call Vote:
Luther    - Aye
Graeter  - Aye
Wall       - Aye
Dockery - Aye
Judge    - Aye

Judge Oakley noted a unanimous vote

Judge Oakley read an Ordinance Levying Tax Rate for County of Burnet.

Motion is made by Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Ordinance Levying a Tax Rate for the County of Burnet. This Tax Rate will effectively be decreased by 1.74 percent and will decrease taxes for Maintenance and Operations on a $100,000 home by approximately $1.74.

Roll Call Vote: 
Luther    - Aye
Graeter  - Aye
Wall       - Aye
Dockery - Aye
Judge     - Aye

Judge Oakley noted a Unanimous vote.
 
Item #24:
Previous Agenda Items
No action was taken.
 
Item #25:
Calendar Review
The court discussed calendar review.
 
Item #24:
Previous Agenda Items
The court discussed previous agenda items.

Commissioner Precinct 4 Joe Don Dockery stated the ATX Flood Maps have been submitted to Brett so that he can input all the information.
 
Item #25:
Calendar Review
The court discussed calendar review.
 
Item #26:
Adjournment
Judge Oakley adjourned the meeting at 11:30 a.m.