County of Burnet {} On this the 23rd day January of 2019, 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 Damon Beierle; 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
REGULAR MEETING DATE: Wednesday, January 23, 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 permission to apply for and approve using Judge Oakley’s electronic signature for a grant from The Tocker Foundation for travel stipend for Lauren Banks, Library Director for Spicewood Community Library. This stipend allows new library directors to attend the annual Texas Library Association Conference (Banks/Poppema)
5. Discussion and/or action regarding the approval to apply for and signing resolution for grant with Office of the Governor – Homeland Security Grants Division for FY 2019 for Burnet County Communications Dispatch Console Project (Dockery/Boyd/Jett/Barho)
6. Discussion and/or action regarding the approval to apply for and signing resolution for grant with the Office of the Governor – Homeland Security Grants Division for FY 2019 for Burnet County – Citizen Corp. Program (Oakley)
7. Discussion and/or action regarding the approval to apply for grant and sign resolution for FY 20 for 33rd and 424th Judicial Districts Drug Court Program with Specialty Courts Program with the Criminal Justice Division of the Office of the Governor (Kennedy/Poppema)
8. Discussion and/or action regarding possible action regarding updates to the Burnet County Personnel Policies (Sara Ann Luther)
9. Discussion and/or action regarding the ESD #2 and Cassie Volunteer Fire Department and Emergency Services, Inc. Audit Reports for year-end September 30, 2018 (Luther)
10. Discussion and/or action regarding the approval of the 2019-2020 appointments to the Burnet County Historical Commission, to be sent to the Texas Historical Commission (Oakley, Myers)
11. Discussion and/or action regarding the Capital Area Housing Finance Corporation Multifamily Housing Revenue Bonds, Series 2019 for $45 million (Oakley)
12. Discussion and/or action regarding TAC Auto and Liability Renewal for 2019 (Hardin)
13. Discussion and/or action regarding the ratification of the THC resolution for Courthouse Plan Update Grant (Hardin)
14. Discussion and/or action regarding adopting a resolution to apply for a TDA 2019 TxCDBG Disaster Relief Fund Grant (Hardin)
15. Discussion and/or action regarding the appointment to the CARTS Board of Directors (Oakley)
16. Discussion and/or action regarding any items deemed necessary and relevant to the recent flooding (Oakley)
17. Discussion and/or action regarding the Replat of Lots 11 & 22, Bertram Creekside Ranches, changing an lot line to move 2 acres from Lot 22 to Lot 11 (Beierle)
18. Discussion and/or action regarding the Replat of Lot 6, Buck Hill Estates, a 19.65 acre tract to create a 2.41 acre tract leaving a 17.24 remainder tract (Beierle)
19. Discussion and/or action regarding a Preliminary Plat of Morrows Meadows, 3.34 acres out of the Maria Salinas Svy. No. 17, Abst. No. 776, Burnet County, Texas a one lot subdivision on Exeter Road south of Windermere Oaks Subdivision. 1000 Block Exeter Road. (Dockery)
20. Discussion and/or action regarding a Replat of Lots 68, 287, 288, 289 and a portion of 286, Rocky Point Development, Unit One, as shown on Plat recorded in Cabinet 1, Slide 29A of the Plat records of Burnet County, Texas and 0.59 acres 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)
21. Discussion and/or action regarding a Replat to form Lot 5-B, The Hill at Windermere, Section 3, Burnet County, Texas. The owners are wanting to combine Lots 5-A, Section 3 and Lot 14, Section 1 into one lot (Dockery)
22. Discussion and/or action regarding a Replat to form Lot 3-B, The Hill at Windermere, Section 3, Burnet County, Texas. The owners are wanting to combine Lots 3-A, Section 3 and Lot 13, Section 1 into one lot (Dockery)
23. Discussion and/or action regarding the Preliminary Plat of Miller Acres, 10.00 acres out of the Thomas Hancock Svy. No. 26, Abst. No. 441, Burnet County, Texas a 3 lot subdivision on County Road 330 using one Mutual Access Easement on County Road 330 to serve all 3 lots. 3100 Block of Co. Rd. 330 (Dockery)
24. 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. Consultation with legal counsel regarding Douglas G. Caroom and Patricia M. Caroom v. Inks Island LLC, Burnet County and Herb Darling; Cause 48594 33rd Judicial District Court Burnet County, Texas.
B. Consultation with legal counsel on potential litigation arising from Burnet County Commissioners Court Order to remove Obstruction to CR 345 issued on December 11, 2018.
25. Reconvene in Open Session. (Oakley)
26. 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)
27. Discussion and/or action regarding Department Updates: (Oakley)
a. Update from Chris Cowan, Environmental Crimes Deputy
28. Acknowledgement of Receipt: (Oakley)
a. Letter in regards to the Intergovernmental Agreement with U.S. Department of Justice
29. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
- Central Texas Water Coalition Renewal
- LESO 1033 Agreement with Const. 1
- LESO 1033 Agreement with Const. 2
- Ratify Vigilant Contract for Const. 2
- Ratify Vigilant Contract for Const. 4
- Geiger Contract for Media Tour
- Professional services contract for tourism coordinator
30. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)
- Selection from responses for RFP 19-5120-02 updates at the Burnet County Jail
- Allowance via 262.027 for bidders to appear before court
- Recommendation of bid committee
- Award of contract to lowest and best bid
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.
32. Discussion regarding any previous agenda items.
33. Calendar Review.
34. 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.
Call to Order
Invocation and Pledge of Allegiance to the Flags
Comments
Historical Commission Appointments
Joann Meyers recognized appointments to the Burnet County Historical Commission. The new term lasts two years.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the 2019-2020 membership list and new appointments to the Burnet County Historical Commission.
Vote: 5 - 0 Passed - Unanimously
Resolution for TxCDBG
Judy Langford, with Langford Community Management Services, summarized the resolution.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve adopting a resolution to apply for a TDA 2019 TxCDBG Disaster Relief Fund Grant. The motion was amended by Billy Wall, Commissioner Precinct 3, and Seconded by Jim Luther Jr., Commissioner Precinct 1, to include pre-agreement cost approval.
Vote: 5 - 0 Passed - Unanimously
Buck Hill Estates Replat
Herb Darling, Environmental Services Director, and Rocky Castleberry presented the replat.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Replat of Lot 6, Buck Hill Estates, a 19.65 acre tract to create a 2.41 acre tract leaving a 17.24 remainder tract.
Vote: 5 - 0 Passed - Unanimously
Bertram Creekside Ranches Replat
Herb Darling, Environmental Services Director, presented and gave his recommendation for the Replat.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Replat of Lots 11 & 22, Bertram Creekside Ranches, changing a lot line to move 2 acres from Lot 22 to Lot 11.
Vote: 5 - 0 Passed - Unanimously
Preliminary Plat Morrows Meadows
The court took no action at this time.
The Hill at Windermere Replat Lot 5-B
Herb Darling, Environmental Services Director, and Don Sherman, Willis-Sherman Associates, presented the Replat.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a Replat to form Lot 5-B, The Hill at Windermere, Section 3, Burnet County, Texas. The owners are wanting to combine Lots 5-A, Section 3 and Lot 14, Section 1 into one lot. Commissioner Dockery's signature will be withheld until owners sign.
Vote: 5 - 0 Passed - Unanimously
The Hill at Windermere Replat Lot 3-B
Don Sherman, Will-Sherman Associates, presented the replat.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a Replat to form Lot 3-B, The Hill at Windermere, Section 3, Burnet County, Texas. The owners are wanting to combine Lots 3-A, Section 3 and Lot 13, Section 1 into one lot. Commissioner Dockery's signature will be withheld until owners sign.
Vote: 5 - 0 Passed - Unanimously
Preliminary Plat Miller Acres
Don Sherman, Willis-Sherman Associates, presented the Preliminary Plat.
Herb Darling, Environmental Services Director, and Billy Wall, Commissioner Precinct 3, had no objections to the preliminary plat.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Preliminary Plat of Miller Acres, 10.00 acres out of the Thomas Hancock Svy. No. 26, Abst. No. 441, Burnet County, Texas a 3 lot subdivision on County Road 330 using one Mutual Access Easement on County Road 330 to serve all 3 lots. 3100 Block of Co. Rd. 330.
Vote: 5 - 0 Passed - Unanimously
Department Updates
Chris Cowan, Environmental Crimes Deputy, updated the court on his investigations.
Joe Don Dockery, Commissioner Precinct 4, addressed the court regarding the need for Deputy Cowan's vehicle to be updated with the proper decaling.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the allocation of funds for the proper decaling of Deputy Cowan's vehicle. This Item was then opened up under Item #31D, and this motion and second were withdrawn.
Consent Agenda
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve funding for the proper decaling of the Environmental Crimes Deputy's vehicle not to exceed $350.00. The funds would be a Line Item Transfer from Unallocated in to the department's Repair and Maintenance.
Vote: 5 - 0 Passed - Unanimously
Department Updates
Bids/Requests/Qualifications
- Allowance via 262.027 for bidders to appear before court
- Recommendation of bid committee
- Award of contract to lowest and best bid
Patrick Scott with Sydaptic addressed the court.
The court took a short break for the committee to meet and discuss further action.
The court reconvened at 10:08.
Eddie Arredondo, Burnet County Attorney, presented the committee's recomendation. The committee believes that Sydaptic is the best bid for the lowest price based on the speed with which the system can be installed, cost anticipated, and safety.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to award the contract to Sydaptic in the amount of $695,137.00.
Vote: 5 - 0 Passed - Unanimously
Replat of Rocky Point
Herb Darling, Development Services Director, presented the Replat, and stated that the surveyor was unable to bring originals to court. Mr. Darling stated that the surveyor is seeking to get approval pending receipt of the originals, and the letter from the POA.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a Replat of Lots 68, 287, 288, 289 and a portion of 286, Rocky Point Development, Unit One, as shown on Plat recorded in Cabinet 1, Slide 29A of the Plat records of Burnet County, Texas and 0.59 acres 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 pending receipt of the original plat with signatures and the letter from the POA.
Vote: 5 - 0 Passed - Unanimously
Executive Session
A. Consultation with legal counsel regarding Douglas G. Caroom and Patricia M. Caroom v. Inks Island LLC, Burnet County and Herb Darling; Cause 48594 33rd Judicial District Court Burnet County, Texas.
B. Consultation with legal counsel on potential litigation arising from Burnet County Commissioners Court Order to remove Obstruction to CR 345 issued on December 11, 2018.
Reconvene
Items Discussed in Executive Session
Grant for TLA Conference
Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve using Judge Oakley’s electronic signature for a grant from The Tocker Foundation for travel stipend for Lauren Banks, Library Director for Spicewood Community Library. This stipend allows new library directors to attend the annual Texas Library Association Conference.
Vote: 5 - 0 Passed - Unanimously
Communications Console Project
Joe Don Dockery, Commissioner Precinct 4, presented the case regarding this grant.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the application for and signing of the resolution for grant with Office of the Governor – Homeland Security Grants Division for FY 2019 for Burnet County Communications Dispatch Console Project.
Vote: 5 - 0 Passed - Unanimously
Citizen Corp Program
Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the application for and signing of the resolution for grant with the Office of the Governor – Homeland Security Grants Division for FY 2019 for Burnet County – Citizen Corp. Program.
Vote: 5 - 0 Passed - Unanimously
Drug Court Program
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the application for grant and to sign resolution for FY 20 for 33rd and 424th Judicial Districts Drug Court Program with Specialty Courts Program with the Criminal Justice Division of the Office of the Governor.
Vote: 5 - 0 Passed - Unanimously
Personnel Policy Updates
Sarah Ann Luther, Human Resources Director, proposed that all final paychecks be issued in paper form as opposed to being direct deposisted. Mrs. Luther also recommended to the court that the committee clarify and update the term "catastophic".
Mrs. Luther also addressed the court about checking driving records on a random basis.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the recommendations of Sarah Ann Luther, Human Resources Director, to the Burnet County Personnel Policy.
Vote: 5 - 0 Passed - Unanimously
ESD 2 Reports
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the ESD #2 and Cassie Volunteer Fire Department and Emergency Services, Inc. Audit Reports for year-end September 30, 2018.
Vote: 5 - 0 Passed - Unanimously
Housing Bonds
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to ratify the Capital Area Housing Finance Corporation Multifamily Housing Revenue Bonds, Series 2019 for $45 million.
Vote: 5 - 0 Passed - Unanimously
TAC Auto Renewal
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve renewal of TAC Auto and Liability Renewal for 2019.
Vote: 5 - 0 Passed - Unanimously
Courthouse Plan Update
Karen Hardin, County Services Director, stated that there was a date change.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the ratification of the THC resolution for Courthouse Plan Update Grant.
Vote: 5 - 0 Passed - Unanimously
CARTS Directors
Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the reappointment of Billy Wall, Commissioner Precinct 3, to the CARTS Board of Directors.
Vote: 5 - 0 Passed - Unanimously
Flooding
Jim Luther Jr., Commissioner Precinct 3, reported the estimated total cost of HHW removal will be $12,000.00.
Joe Don Dockery, Commissioner Precinct 4, reported that Granite Shoals is placing barricades around the debris to contain it, and to open up walkways and walking trails.
Department Updates
Acknowledgement of Receipt
Contracts, Agreements, or Grants
- Central Texas Water Coalition Renewal
- LESO 1033 Agreement with Const. 1
- LESO 1033 Agreement with Const. 2
- Ratify Vigilant Contract for Const. 2
- Ratify Vigilant Contract for Const. 4
- Geiger Contract for Media Tour
- Professional services contract for tourism coordinator
A designation of a subrecipient for the FMAG Grant for the Park Road 4 fire.
Mentalix Jail Renewal.
A contract with Premium Lawncare & Maintenance.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve all contracts on the agenda along with all supplemental contracts not on the agenda.
Vote: 5 - 0 Passed - Unanimously
Bids/Requests
Carole Pompema, Assistant County Auditor, stated that the Paving Rock and Oil bids have been published.
Consent Agenda
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Consent Agenda in its entirety.
Vote: 5 - 0 Passed - Unanimously
Previous Agenda Items
Calendar Review
Adjournment
