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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 20th day of December 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; Janet Parker, County Clerk; Carole Poppema, Assistant County Auditor
 
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 reappointment of the following to ESD #1: Don Dudley and J.J. Guy (Dockery)
 
5.  Discussion and/or action regarding the reappointment of the following to ESD #7: Roy Hallmark, Brenda Goble, and Clayton Smith (Graeter)
 
6.  Discussion and/or action regarding the reappointment of the following to ESD #8: Roberta Elmore, Ned Ewart, and Wayne Eaton (Graeter)
 
7.  Discussion and/or action regarding the reappointment of the following to ESD #6: J. Don McAlpin and Londe Chandler (Wall)
 
8.  Discussion and/or action regarding the reappointment of the following to ESD #4: Kim Dickenson, Tice Porterfield, and Carol Young (Wall)
 
9.  Discussion and/or action regarding the reappointment of the following to ESD #2: Ed Schaefer and John Davis (Wall)
           
10. Discussion and/or action regarding any items deemed necessary and relevant to the recent flooding (Oakley)
           
11.  Discussion and/or action regarding cancelling the Jail maintenance agreements with NSS (Hardin)
 
12.  Discussion and/or action regarding the Replat of Lots 1 & 2, Crawford Subdivision to relocate lot lines (Graeter)
 
13.  Discussion and/or action regarding the Replat of Lots 41, 43, 44 and a portion of Lot 42 to be known as 7 Creeks Ranch, Phase 5, a private subdivision, consisting of 22 lots averaging 10.94 acres (Graeter)
 
14.  Discussion and/or action regarding the acceptance of CB 18-12-11 in the amount of $288,300 for construction of improvements in 7 Creeks Ranch to include 5,766 of roads and drainage (Graeter)
 
15.  Discussion and/or action regarding the release of 60%, $119,100, of Cash Bond #CB 18-6-12 relating to 7 Creeks Ranch, Phase IV (Graeter)
 
16.  Discussion and/or action regarding the Replat of Crawford Subdivision (Graeter)
 
17.  Discussion and/or action concerning the non-acceptance of a bequest from the Jack Owens Estate (Oakley)
 
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.  (Oakley)
 
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.  (Oakley)
 
21.  Discussion and/or action regarding Department Updates:  (Oakley)
            a. Treasurer’s Annual Review of Burnet County Investment Policy
                       
22.   Acknowledgement of Receipt: (Oakley)
            a. TCEQ Notice
           
23.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
  1. Burnet County membership to American Public Works Association. First year fee is $675
  2. Vigilant for LPRs for Constable 4. Paid out of unallocated or as designated by Comm. Court
  3. Work Order 18-139.1 for R&B Pct. 3
  4. TAC Risk Mgmt. Law Enforcement Liability Renewal Acknowledgement
  5. Tyler Contract Renewal
24.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.  (Oakley)
 
 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:
            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.
                       
26.  Discussion regarding any previous agenda items.
                                                                                                                           
27.  Calendar Review.
 
28.  Adjournment.
                                                                                              
James Oakley, Burnet County Judge                                                                              
Reviewed by:  Eddie Arredondo, County Attorney
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)Deliberations about  Security  Devices), 551.087 (Economic Development), 418.183 (Deliberations about  Homeland Security  Issues).  Compliance  with  the  Americans  with  Disabilities  Act, Burnet  County  will  provide  for  reasonable  accommodations   for  persons attending  Commissioners'  Court. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Ms. Stephanie McCormick, Commissioners’ Court Coordinator, at (512) 715-5276. Please note, the location of the meeting is subject to change based upon availability of the Courtroom. If meeting location is changed, notice at the above meeting location shall be posted to ensure public access to meeting is granted.
 
                                ADDENDUM
  1. Discussion and/or action regarding the reappointment of the following to ESD #3: Terri Enloe and Joanne Hanifan  (Luther)
                                                                                               
James Oakley, Burnet County Judge                                                                                         
Reviewed by:  Eddie Arredondo, County Attorney 
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)Deliberations about  Security  Devices), 551.087 (Economic Development), 418.183 (Deliberations about  Homeland Security  Issues).  compliance  with  the  Americans  with  Disabilities  Act, Burnet  County  will  provide  for  reasonable  accommodations   for  persons attending  Commissioners'  Court. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Ms. Jeanne Emerson, Commissioners’ Court Coordinator, at (512) 715-5276. Please note, the location of the meeting is subject to change based upon availability of the Courtroom. If meeting location is changed, notice at the above meeting location shall be posted to ensure public access to meeting is granted.
 
Item #1:
Call to Order
James Oakley, County Judge, called the meeting to order at 9:00 am.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
 Joe Don Dockery, Commissioner Precinct 4, led the invocation. Russell Grater, Commissioner Precinct 2, led the court in saying pledges to the United States and Texas flags.
 
Item #3:
Comments
 The court heard comments from the public.

Herb Darling, Environmental Services Director, addressed the court regarding Officer Chris Cowan's performance in his new position, and thanked outgoing Commissioner Precinct 2, Russell Graeter, for his years of dedicated service.

Russell Graeter, Commissioner Precinct 2, addressed the court regarding Officer Cowan's position, and the status of the grant that funds said position.
 
Item #17:
Non-acceptance of Bequest
The court discussed action concerning the non-acceptance of a bequest from the Jack Owens Estate.

James Oakley, County Judge, stated that Corix will accept the system, and that Burnet County officially declines acceptance of the water sysytem.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. for non-acceptance of water system from the Jack Owens Estate.

Vote: 5 - 0 Passed - Unanimously

 
Item #4:
ESD 1 Reappointments
 The court discussed the reappointment of the following to ESD #1: Don Dudley and J.J. Guy.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Russell Graeter to approve the reappointment of the following to ESD #1: Don Dudley and J.J. Guy.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
ESD 7 Reappointments
The court discussed the reappointment of the following to ESD #7: Roy Hallmark, Brenda Goble, and Clayton Smith.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the reappointment of the following to ESD #7: Roy Hallmark, Brenda Goble, and Clayton Smith.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
ESD 8 Reappointments
 The court discussed the reappointment of the following to ESD #8: Roberta Elmore, Ned Ewart, and Wayne Eaton.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the reappointment of the following to ESD #8: Roberta Elmore, Ned Ewart, and Wayne Eaton.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
ESD 6 Reappointments
 The court discussed the reappointment of the following to ESD #6: J. Don McAlpin and Londa Chandler.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall  to approve the reappointment of the following to ESD #6: J. Don McAlpin and Londe Chandler.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
ESD 4 Reappointments
 The court discussed the reappointment of the following to ESD #4: Kim Dickenson, Tice Porterfield, and Carol Young.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the reappointment of the following to ESD #4: Kim Dickenson, Tice Porterfield, and Carol Young.

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
ESD 2 Reappointments
The court discussed the reappointment of the following to ESD #2: Ed Schaefer and John Davis.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery  to approve the reappointment of the following to ESD #2: Ed Schaefer and John Davis.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Flooding
The court discussed items related to the recent flooding.

James Oakley, County Judge, stated we are still awaiting a federal declaration.
 
Item #11:
Cancelling of Jail Maintenance Agreements
The court discussed cancelling the Jail Maintenance Agreements with NSS.

Karen Hardin, County Services Director, stated that the jail and sheriff's offices prefer to handle the maintenance in house and wish to cancel the contract at this time.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve cancelling the Jail Maintenance Agreements with NSS.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #15:
Release of #CB 18-6-12
 The court discussed the release of 60%, $119,100, of Cash Bond #CB 18-6-12 relating to 7 Creeks Ranch, Phase IV.

Herb Darling, Environmental Services Director, explained the plan for releasing the Cash Bonds relating to 7 Creeks Ranch.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the release of 60%, $119,100, of Cash Bond #CB 18-6-12 relating to 7 Creeks Ranch, Phase IV.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #18:
Executive Session
 No action was taken.
 
Item #19:
Reconvene
No action was taken.
 
Item #20:
Acknowledgement of Receipt
No action was taken.
 
Item #21:
Department Updates
 The court heard department updates.

James Oakley, County Judge, reported that the Maintenance Department is finishing up a remodel of an office area in the Sheriff's Office, and they will be continuing work on the Historic Jail.

Herb Darling, Environmental Services Director, stated that his office, in conjunction with insurance companies, has been able to get funding to those flood victims covered by NFIP as quickly as three days after the flood event.

James Oakley, County Judge, reported on the current status of the DoubleHorn Election process.

Karie Crownover, County Treasurer, presented the Annual Review of Burnet County's Investment Policy, and stated there were no changes and no new brokers. 
 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve the Treasurer's Annual Review of Burnet County's Investment Policy.

Vote: 5 - 0 Passed - Unanimously

 
Items #12 & 16:
Replat of Crawford Subdivision
 The court discussed action regarding the Replat of Lots 1 & 2, Crawford Subdivision to relocate lot lines.

Herb Darling, Environmental Services Director, and Danny Stark, Cuplin & Associates LLC, presented the replat.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 4 Joe Don Dockery  to approve action regarding the Replat of Lots 1 & 2, Crawford Subdivision to relocate lot lines.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Replat of 7 Creeks Ranch
The court discussed the Replat of Lots 41, 43, 44 and a portion of Lot 42 to be known as 7 Creeks Ranch, Phase 5, a private subdivision, consisting of 22 lots averaging 10.94 acres.

Herb Darling, Environmental Services Director, presented the replat.

 
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Replat of Lots 41, 43, 44 and a portion of Lot 42 to be known as 7 Creeks Ranch, Phase 5, a private subdivision, consisting of 22 lots averaging 10.94 acres.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
Acceptance of CB 18-12-11
The court discussed the acceptance of CB 18-12-11 in the amount of $288,300 for construction of improvements in 7 Creeks Ranch to include 5,766 of roads and drainage.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept the acceptance of CB 18-12-11 in the amount of $288,300 for construction of improvements in 7 Creeks Ranch to include 5,766 feet of roads and drainage.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Addendum:
ESD 3 Reappointments
The court discussed the reappointment of the following to ESD #3: Terri Enloe and Joanne Hanifan.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery  to approve the reappointment of the following to ESD #3: Terri Enloe and Joanne Hanifan.

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
Contracts, Agreements, or Grants
 The court discussed contracts, agreements or grants to be approved and/or ratified:
 
  1. Burnet County membership to American Public Works Association. First year fee is $675
  2. Vigilant for LPRs for Constable 4. Paid out of unallocated or as designated by Comm. Court
  3. Work Order 18-139.1 for R&B Pct. 3
  4. TAC Risk Mgmt. Law Enforcement Liability Renewal Acknowledgement
  5. Tyler Contract Renewal
Missy Bindseil, Constable Precinct 4, presented case for keeping Vigilant license plate readers, and presented the different packages with their respective costs. James Oakley, County Judge, had some questions regarding budget impacts and the possibilty of a pro-rated contract. Item #23 a. was then tabled momentarily to allow Constable Bindseil to inquire about the possibility of pro-rating the remainder of the current fiscal year.

Joe Don Dockery, Commissioner Precinct 4, presented the case for Burnet County to join the American Public Works Association.

Motion is made by: Joe Don Dockery, Commissioner Precinct 4, Seconded by: Jim Luther Jr., Commissioner Precinct 1, to approve Burnet County's membership to American Public Works Association for $675.00 for the first year with fees coming out of Non-Departmental Membership Dues.

Vote: 5 - 0 Passed - Unanimously

Missy Bindseil, Constable Precinct 4, returned and confirmed the ability to retain the Basic Vigilant Package for a pro-rated amount.

Motion is made by: Joe Don Dockery, Commissioner Precinct 4, to approve a pro-rated agreement for the two existing LPR Units at the Basic Package rate to run through the end of the fiscal year, and to be paid out of Non-Departmental Unallocated Funds to the respective Constables via a Line Item Transfer.

Vote: 5 - 0 Passed - Unanimously

Karen Hardin, County Services Director, presented Work Order 18-139.1 for R&B Pct. 3 to pave County Roads 322, 323, 340, and 342C.

Motion is made by: Jim Luther Jr., Commissioner Precinct 1, Seconded by: Billy Wall, Commissioner Precinct 3, to approve the Work Order 18-139.1 for R&B Pct. 3.

Vote: 5 - 0 Passed - Unanimously

Karen Hardin, County Services Director, presented the TAC Risk Mgmt. Law Enforcement Liabilty Renewal Acknowledgement and the Tyler Contract Renewal.

Motion is made by: Joe Don Dockery, Commissioner Precinct 4, Seconded by: Jim Luther Jr., Commissioner Precinct 1 to approve
the TAC Risk Mgmt. Law Enforcement Liabilty Renewal Acknowledgement and the Tyler Contract Renewal.

Vote: 5 - 0 Passed - Unanimously

The following contracts were presented by Karen Hardin, County Services Director, in addition to those listed on the agenda:
Texas Parks & Wildlife Tower Rental
Two leases with Enterprise for CID Vehicles
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve the additional contracts with Texas Parks & Wildlife and Enterprise.

Vote: 5 - 0 Passed - Unanimously

 
Item #22:
Acknowledgement of Receipt
The court Acknowledged the Receipt of  a TCEQ Application. No further action was taken.
Attachments:
 
Item #24:
Bids, Requests, Proposals, Qualifications
 No action was taken.
 
Item #25:
Consent Agenda
 The court discussed of the Consent Agenda and require no deliberation by the Commissioner’s Court.  Any item from this agenda may be considered separately:
Item e. was pulled out at the request of James Oakley, County Judge.

Motion is made by: Jim Luther, Jr, Commissioner Precinct 1, Seconded by: Joe Don Dockery, Commissioner Precinct 4, to approve the Consent Agenda with the exception of Item e.

Vote: 5 - 0 Passed  - Unanimously

The court discussed authorization of payment of claims previously approved by the County Auditor.
Karen Hardin, County Services Director, announced that LCRA Funds had been dispersed to the City of Granite Shoals as per the previously approved motion in last court. The County Services Director also presented a request from Baylor Scott & White for Burnet County's portion of the IGT Claim as part of the 11.15 Waiver Project.
 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery  to approve Item authorization of payment of claims previously approved by the County Auditor.

Vote: 5 - 0 Passed - Unanimously

 
Item #26:
Previous Agenda Items
 The court reopened discussions on the Tax Note approved in the previous court session.
Karen Hardin, County Services Director, presented the payback schedule for the proposed Tax Note Series for 2019.
 
Item #27:
Calendar Review
The court discussed Calendar Review.
 
Item #23:
Contracts, Agreements, or Grants Not on Agenda
The court reopened Item 23. and discussed  the amount to be requested from Capcog.
Karen Hardin, County Services Director, stated the projected amount necessary to install new consoles at the LEC will be $568,801.00 with Burnet County being responsible for the construction of infrastrcuture.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to continue with Capcog Funding with Burnet County contributing a $250,000.00 match of funds.

Vote: 5 - 0 Passed - Unanimously

 
Item #28:
Adjournment
Russell Graeter, Commissioner Precinct 2, adjourned the court at 10:25.