REGULAR MEETING DATE:  Tuesday, January 8, 2019 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas
 
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 release of Performance Bond No. 1533952 to Field Construction, Inc. as it relates to Legendary Estates on Lake LBJ (Luther)
 
5.  Discussion and/or action regarding a refund of receipt number 18-0850 in the amount of $380 to James Holloway for the preliminary plat fee paid on November 16, 2018 for the Oldwell Ranch Subdivision. Applicant has decided not to subdivide the property (Luther)
 
6.  Discussion and/or action regarding the acceptance of a donation made to Burnet County Historical Commission from Ina Louise Cooper Estate (Crownover)
 
7.  Discussion and/or action regarding the approval of bonds for county officials (Parker)
 
8.  Discussion and/or action regarding Commissioners Court issuing an exemption to LGC 262 Procurement laws under the authority of LGC 262.024 (2) an item necessary to preserve or protect the public health or safety of the residents of the county; regarding the HHW debris from the October 2018 flood located in Granite Shoals (Oakley/Arredondo)
 
9.  Discussion and/or action regarding the closeout of the County Energy Transportation Reinvestment Zone (CETRZ) for CR 413 and final expenditure of remaining funds (Dockery)
 
10.  Discussion and/or action regarding the approval to apply for the Office of the Governor, Criminal Justice Division FY 20 Violence Against Women Justice and Training Program for Sex Offender Registry Investigator (Oakley/Poppema)        
 
 11. Discussion and/or action regarding the approval to apply for the Office of the Governor, Criminal Justice Division FY 20-21 General Victim Assistance Program for Victim Liaison Coordinator (Oakley/Poppema)
           
12.  Discussion and/or action regarding the approval to apply for the Office of the Governor, Criminal Justice Division FY 20 Justice Assistance Grant Program for Environmental Deputy (Oakley/Poppema)
 
13.  Discussion and/or action regarding the approval to accept the FY 17 SCAAP Grant for the Office of Justice Programs with the U.S. Department of Justice. The amount is $3,400.00 (Oakley/Poppema)
 
14.  Discussion and/or action regarding the adoption of a resolution relating to Unfunded Mandates set forth by the Texas Legislature (Oakley)
 
15.  Discussion and/or action regarding authorizing the County Auditor and Financial Advisor to proceed with the issuance of tax notes series 2019 in the amount of $2.5 million (Hardin)
 
16.  Discussion and/or action regarding the Replat of Lots 275 and 276, Council Creek Village, Unit 1, a subdivision in Burnet County, Texas as shown on Plat recorded in Cab. 1, Slide 230D, Plat Records of Burnet County, Texas, to be known as Lot 275A, Council Creek Village, Unit 1 (Luther)
 
17.  Discussion and/or action regarding the Replat of Lots 142, 143, 144, and 145, Council Creek  Village, Unit 4, a subdivision in Burnet County, Texas as shown on Plat recorded in Cab. 1, Slide 39-D, Plat Records of Burnet County, Texas, to be known as Lot 142A, Council Creek Village, Unit 4 (Luther)
 
18.  Discussion and/or action regarding the Replat of Lots 68, 287, 288, 289, and portion of 286, Rocky Point Development, Unit One, as shown on Plat recorded in Cab. 1, Slide 29A of the Plat Records of Burnet County, Texas and .059 acre out of the John St. Clair Svy., Abst. No. 787, recorded in Document No. 201800783, to be known as Lot 68A, Rocky Point Development Unit 1 (Luther)
 
19.  Discussion and/or action regarding the Preliminary Plat approval of The Ranches at Bentley Ridge, a private subdivision consisting of 46 Lots on 286.729 acres located in the 4000 block of FM 963 (Beierle)
 
20.  Discussion and/or action regarding any items deemed necessary and relevant to the recent flooding (Oakley)
 
21.  Discussion and/or action regarding moving the May 28^th Commissioner’s Court meeting to May 29^th because of a holiday on May 27^th (Oakley)
 
22.  Discussion and/or action regarding a resolution to apply for the Texas Courthouse Preservation Program Funding (Oakley/Hardin)
 
23.  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).   
 
24. Reconvene in Open Session.  (Oakley)
 
25. 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)
 
26.  Discussion and/or action regarding Department Updates:  (Oakley)
            a. Approval of Treasurer’s Reports for October 2018 and November 2018
 
27.   Acknowledgement of Receipt: (Oakley)
           
28.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:  (Oakley)

1. Ratification of the SADA Contract

 
29.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.  (Oakley)

1. Discussion and/or action regarding the jail sec. bid 19-5120-02.  Committee presentation of final two bidders for Comm. Court approval

 30.  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.
                       
31.  Discussion regarding any previous agenda items.
                                                                                                                           
32.  Calendar Review.
 
33.  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.

 James Oakley, County Judge, called the meeting to order at 9:00 a.m.

Damon Beierle, Commissioner Precinct 2, led the court in the invocation, and the pledges to the United States and Texas flags.

 There were no public comments.

 The court discussed the release of Performance Bond No. 1533952 to Field Construction, Inc. as it relates to Legendary Estates on Lake LBJ.

Herb Darling, Environmental Services Director, recommended the release of the Performance Bond No. 1533952 based on a statement of completion by the engineer.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to release Performance Bond No. 1533952 to Field Construction, Inc. as it relates to Legendary Estates on Lake LBJ.

Vote: 5 - 0 Passed - Unanimously

The court discussed a refund of receipt number 18-0850 in the amount of $380 to James Holloway for the preliminary plat fee paid on November 16, 2018 for the Oldwell Ranch Subdivision. Applicant has decided not to subdivide the property.

Herb Darling, Environmental Services Director, recommended that the court refund Mr. Holloway's preliminary plat fee.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a refund of receipt number 18-0850 in the amount of $380 to James Holloway for the preliminary plat fee paid on November 16, 2018 for the Oldwell Ranch Subdivision. Applicant has decided not to subdivide the property.

Vote: 5 - 0 Passed - Unanimously

 The court discussed the acceptance of a donation made to Burnet County Historical Commission from Ina Louise Cooper Estate.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Damon Beierle to accept a donation made to Burnet County Historical Commission from Ina Louise Cooper Estate.

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve bonds that went into effect with the swearing in of newly elected or re-elected county officials.

Vote: 5 - 0 Passed - Unanimously

 The court discussed action regarding Commissioner's Court issuing an exemption to LGC 262 Procurement laws under the authority of LGC 262.024 (2) an item necessary to preserve or protect the public health or safety of the residents of the county; regarding the HHW debris from the October 2018 flood located in Granite Shoals.

Eddie Arredondo, Burnet County Attorney, stated that because no bids were submitted, and the waste poses a public health/safety hazard, the court may move to take action on the item.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve action regarding Commissioners Court issuing an exemption to LGC 262 Procurement laws under the authority of LGC 262.024 (2) an item necessary to preserve or protect the public health or safety of the residents of the county; regarding the HHW debris from the October 2018 flood located in Granite Shoals.

Vote: 5 - 0 Passed - Unanimously

 The court discussed the closeout of the County Energy Transportation Reinvestment Zone (CETRZ) for CR 413 and final expenditure of remaining funds.

Joe Don Dockery, Commissioner Precinct 4, presented a summary on how the project would be closed out. Mr. Dockery stated that these funds were allocated back in 2013 by the Texas Legislature. Part of the conditions tied to these funds was the creation of a reinvestment zone. The Texas Legislature has dissolved the reinvestment zone effective 12/31/2017, and all other funds have been expended. This account had accumulated $384.00, which will be spent on signage within the zone.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve the closeout of the County Energy Transportation Reinvestment Zone (CETRZ) for CR 413 and final expenditure of remaining funds.

Vote: 5 - 0 Passed - Unanimously

The court discussed the application for the Office of the Governor, Criminal Justice Division FY 20 Violence Against Women Justice and Training Program for Sex Offender Registry Investigator.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the application for the Office of the Governor, Criminal Justice Division FY 20 Violence Against Women Justice and Training Program for Sex Offender Registry Investigator.

Vote: 5 - 0 Passed - Unanimously

 The court discussed the application for the Office of the Governor, Criminal Justice Division FY 20-21 General Victim Assistance Program for Victim Liaison Coordinator.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall  to approve the application for the Office of the Governor, Criminal Justice Division FY 20-21 General Victim Assistance Program for Victim Liaison Coordinator.

Vote: 5 - 0 Passed - Unanimously

The court discussed  the application for the Office of the Governor, Criminal Justice Division FY 20 Justice Assistance Grant Program for Environmental Deputy.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve the application for the Office of the Governor, Criminal Justice Division FY 20 Justice Assistance Grant Program for Environmental Deputy.

Vote: 5 - 0 Passed - Unanimously

The court discussed the acceptance of  the FY 17 SCAAP Grant in the amount of $3,400.00 for the Office of Justice Programs with the U.S. Department of Justice.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery  to approve the FY 17 SCAAP Grant for the Office of Justice Programs with the U.S. Department of Justice. The amount is $3,400.00.

Vote: 5 - 0 Passed - Unanimously

 The court discussed the adoption of a resolution relating to Unfunded Mandates set forth by the Texas Legislature.

James Oakley, County Judge, presented the resolution.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Damon Beierle  to approve the adoption of a resolution relating to Unfunded Mandates set forth by the Texas Legislature.

Vote: 5 - 0 Passed - Unanimously

 The court discussed action regarding authorizing the County Auditor and Financial Advisor to proceed with the issuance of tax notes series 2019 in the amount of $2.5 million.

Karen Hardin, County Services Director, clarified for the record that the amount is $2,530,000.00 with a net of $2,500,000.00.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 3 Billy Wall  to authorize the County Auditor and Financial Advisor to proceed with the issuance of tax notes series 2019 in the amount of $2.5 million.

Vote: 5 - 0 Passed - Unanimously

 The court discussed the Replat of Lots 275 and 276, Council Creek Village, Unit 1, a subdivision in Burnet County, Texas as shown on Plat recorded in Cab. 1, Slide 230D, Plat Records of Burnet County, Texas, to be known as Lot 275A, Council Creek Village, Unit 1.

Herb Darling, Environmental Services Director, presented the replat of Council Creek Unit 1; to be known as Lot 275A.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the Replat of Lots 275 and 276, Council Creek Village, Unit 1, a subdivision in Burnet County, Texas as shown on Plat recorded in Cab. 1, Slide 230D, Plat Records of Burnet County, Texas, to be known as Lot 275A, Council Creek Village, Unit 1. Jim Luther Jr., Commissioner Precinct 1, will withhold his signature pending the receipt of the letter of approval from the POA.

Vote: 5 - 0 Passed - Unanimously

 The court discussed the Replat of Lots 142, 143, 144, and 145, Council Creek  Village, Unit 4, a subdivision in Burnet County, Texas as shown on Plat recorded in Cab. 1, Slide 39-D, Plat Records of Burnet County, Texas, to be known as Lot 142A, Council Creek Village, Unit 4.

Herb Darling, Environmental Services Director, confirmed the Replat had met all requirements.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle  to approve the Replat of Lots 142, 143, 144, and 145, Council Creek Village, Unit 4, a subdivision in Burnet County, Texas as shown on Plat recorded in Cab. 1, Slide 39-D, Plat Records of Burnet County, Texas, to be known as Lot 142A, Council Creek Village, Unit 4.

Vote: 5 - 0 Passed - Unanimously

 The court discussed the Replat of Lots 68, 287, 288, 289, and portion of 286, Rocky Point Development, Unit One, as shown on Plat recorded in Cab. 1, Slide 29A of the Plat Records of Burnet County, Texas and .059 acre out of the John St. Clair Svy., Abst. No. 787, recorded in Document No. 201800783, to be known as Lot 68A, Rocky Point Development Unit 1.

This replat was reset for the next Commissioner's Court.

No action taken.

The court discussed the Preliminary Plat approval of The Ranches at Bentley Ridge, a private subdivision consisting of 46 Lots on 286.729 acres located in the 4000 block of FM 963.

Herb Darling, Environmental Services Director, recommended approval of the Preliminary Plat.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve the Preliminary Plat of The Ranches at Bentley Ridge, a private subdivision consisting of 46 Lots on 286.729 acres located in the 4000 block of FM 963.

Vote: 5 - 0 Passed - Unanimously

 The court discussed any items deemed necessary and relevant to the recent flooding.

James Oakley, County Judge, spoke with Region 6 FEMA Director, and stated Burnet County is still awaiting a Federal Declaration. This PDA has not been affected by the government shutdown and is still in the process of being assessed.

Karen Hardin, County Services Director, presented an update on a possible contingency plan, and on LCRA fund disbursements.

Jim Luther Jr., Commissioner Precinct 1, updated the court on dumpster requests.

James Oakley, County Judge, accepted a check from the area Rotary Clubs in the amount of $17,427.00 to be used on long term flood recovery.
 

The court discussed moving the May 28^th Commissioner’s Court meeting to May 29^th because of a holiday on May 27^th.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery  to approve moving the May 28^th Commissioner’s Court meeting to May 29^th because of a holiday on May 27^th.

Vote: 5 - 0 Passed - Unanimously

 The court discussed a resolution to apply for the Texas Courthouse Preservation Program Funding.

James Oakley, County Judge, and Karen Hardin, County Services Director, stated that in order to apply for this grant an updated master plan of the courthouse would need to be on file. Architexas will draw up this master plan for an estimated cost of $50,000.00. Burnet County's portion would be $5,000.00 of the $50,000.00. This money would come from the Professional Services Fund.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve a resolution to apply for the Texas Courthouse Preservation Program Funding.

Vote: 5 - 0 Passed - Unanimously

 The court took no action.

 The court took no action.

 The court took no action.

 Karrie Crownover, Burnet County Treasurer, presented the Treasurer's Reports for October and November of 2018.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve Treasurer’s Reports for October 2018 and November 2018.

Vote: 5 - 0 Passed - Unanimously

 The court acknowledged the receipt of a TCEQ Notice for disposal of treated wastewater.

  The court discussed contracts, agreements or grants to be approved and/or ratified.
       a. Ratification of the SADA Contract


James Oakley, County Judge, and Karen Hardin, County Services Director, presented the ratified contract which was updated to include the 15 new email addresses in the amount of $1,500.00.

Motion is made by: Joe Don Dockery, Commissioner Precinct 4, Seconded By: Jim Luther Jr., Commissioner Precinct 1, to approve the Ratification of the SADA Contract.

Vote: 5 - 0 Passed - Unanimously

The court discussed a Change Order with Brannan Paving for Precinct 2.

Motion made by: Damon Beierle, Commissioner Precinct 2, Seconded by: Billy Wall, Commissioner Precinct 3, to approve the change order with Brandon Paving.

Vote: 5 - 0 Passed - Unanimously

The court discussed amending the current contract with the Interface Building.

Karen Hardin, County Services Director, updated the court on a corrected amount from the IHC Fund to Baylor Scott & White. The new amount was only $83,000.00; not the previously projected amount of $176,000.00.

Karen Hardin, County Services Director,  updated the court on the activity and status of the Hill Country Humane Society.

The court called for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
     a. Discussion and/or action regarding the jail sec. bid 19-5120-02. Committee presentation of final two bidders for Comm. Court approval.

Eddie Arredondo, Burnet County Attorney, presented the status of the bid selection process. Mr. Arredondo stated that a committee of seven individuals has been reviewing the submissions. Six responses have been received and graded by each committee member separately, and those grades were then averaged. The responses were submitted by SSS, Prodar, MTS,  CML, Sadaptic, and Discorp. There are two submissions from MTS and Sadaptic being considered in the final decision making process. All submitters will be contacted and apprised of the current status of the bid process, and allowed to present a response in court. This item will be revisited in the next court meeting.

 The court discussed the Consent Agenda.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall  to approve the Consent Agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

 The court took no action.

 James Oakley, County Judge, went back into the Consent Agenda to discuss restructuring the Veterans Services Coordinator's position. This employee will no longer be an independently contracted position, but will become a Burnet County employee effective 1-5-2019. The funding will come from the Indigent Health Account while the hours will come from JP1's part time employee vacancy. This will allow the Coordinator to better serve the veterans while allowing Burnet County to remain statutorily compliant.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle  to approve changing the Veteran's Service Officer position from Independently Contracted to that of a part time Burnet County Employee to better serve the veterans' needs in our community.

Vote: 5 - 0 Passed - Unanimously

 The court discussed calendar review.

The court discussed  the allowance of an expenditure of $50.00 for countywide training payable to Meadowlakes Country Club from Unallocated Funds. The funds will be moved from Unallocated to Miscellaneous as clarified by Karen Hardin, County Services Director.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 3 Billy Wall  to approve the payment of $50.00 for countywide training to Meadowlakes Country Club from Unallocated Funds. The funds will be moved from Unallocated to Miscellaneous, and then made payable to Meadowlakes Country Club.

Vote: 5 - 0 Passed - Unanimously

 The court revisited calendar review.

 James Oakley, County Judge, adjourned the court at 10:15 A.M.