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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 12th day of February 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
 
AGENDA
An  agenda  packet  containing  detailed  information   on  the  items  listed  below  is  distributed  to  the  County  Judge, Commissioners, and County  Clerk the Friday preceding  the meeting.   The agenda packet is also posted on the county website at   www.burnetcountytexas.org, under Public Meetings.   A hard copy of the agenda packet is available in the County Clerk's office. Our Mission Statement:  The mission of Burnet County is to maintain overall efficient and effective management of county resources while providing the services mandated by state and federal law and desired by the citizens of Burnet County.
 
REGULAR MEETING DATE:  Tuesday February 12, 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 to allow county crews to complete brush removal from Ft. Croghan grounds (Beierle)
 
5.  Discussion and/or action regarding the status and/or continuation of the contract between Briggs Volunteer Fire Department and Burnet County for Emergency Fire Response Assistance (Beierle)
 
6.  Discussion concerning upcoming TxDOT Open House on FM 1431 improvements from Lago Vista to FM 1174 (Oakley)
 
7.  Discussion and/or action regarding updating the Burnet County On-Site Sewage Facility Order regarding RV parks in the unincorporated areas of the county (Darling, Oakley)
 
8.  Discussion and/or action concerning membership to the South Texas County Judges and Commissioner’s Association or any other Chapter (Oakley)
 
9.  Discussion on the Texas Historic Courthouse Preservation Program Round X grant award (Oakley)
 
10.  Discussion and/or action regarding a Quitclaim Deed from Burnet County to Tatom Heath Gibbons et ux for a .38 acre tract of land out of the F.M. Gardner Svy. No. 69, Abst. No. 1307 relating to US 183 and old Hwy. 74 rerouting (Beierle)
 
11. Discussion and/or action regarding Groundwater availability for Subdivision Platting Regulations (Herb/Oakley)
           
12.  Discussion and/or action regarding vacating the ending 1.1 miles of County Road 345 to LCRA (Wall)
 
 
13.  Discussion and/or action regarding the consideration and approval of an Order by the Commissioners Court of Burnet County, Texas authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2019”, 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 (Oakley)
 
14.  Discussion and/or action regarding the approval of the bond for Karin Smith, Burnet County Auditor (Parker)
 
15.  Discussion and/or action regarding the ESD #7 Audit Reports for the year-end September 30, 2018 (Beierle)
 
16.  Discussion and/or action regarding using County Records Mgmt. funds to hire a temporary employee to scan in documents for records management (Oakley/Hardin)
 
17.  Discussion and/or action regarding the Event funding application process and policy for Hotel/Motel funds (Oakley)
 
18.  Discussion and/or action regarding the approval to request proposals for County Depository Bank Contract (Crownover)
 
19.  Discussion and/or action regarding the Acceptance of Donation(s) received by the Burnet County Sheriff’s Office:
            a. Johnson Sewell Ford Lincoln $400
            b. D&W Printing Inc. $4,000
 
20.  Discussion and/or action regarding any items deemed necessary and relevant to the October 16th flood (Oakley)
 
21.  Discussion and/or action regarding property bids received by the Burnet Central Appraisal District: (Oakley/Hemphill)
            a. Lots 740, 741, & 742, Block 3, Council Creek Village, Burnet County, Texas.
 
22.  Discussion and/or action regarding the Approval to apply for and sign resolution for the Office of the Governor, NB20 PY20 National Incident-Based Reporting System (NIBRS) Constable Compliance project (Oakley/Bindseil)
 
23.  Discussion and/or action regarding Approval to apply for and sign resolution for the Office of the Governor, Criminal Justice Divison (CJD) FY 20 Justice Assistance Grant program for 2nd Environmental Deputy due to the overwhelming number of felony cases.  Application #3813101 (Oakley/Poppema)
 
24.  Discussion and/or action regarding vacating a 2.447 acre tract out of Tract 2 of the Crawford Subdivision (Beierle)
 
25.  Discussion and/or action regarding a Replat of Tract 1 and 2 of the Crawford Subdivision (Beierle)
 
26.  Discussion and/or action regarding a Preliminary Plat approval for the Crawford Subdivision, Phase 2, being 17.447 acres out of the David Harmon League Svy. No. 4, Abst. #386, Burnet County, Texas located at 1801 CR 258 (Beierle)
 
27.  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 including a variance request for a 20 ft. wide neck fronting on Exeter Road because the 3.34 acres will be restricted from any futher subdivision into smaller parcels unless at least 20 more feet is added to form 50ft. of road frontage on Exeter Road.  1000 Block Exeter Road.  (Dockery)
 
28.  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, including a variance request for a 25ft wide neck fronting on County Road 330 because the two 2.5 acre lots will be restricted from any further subdivision into smaller parcels unless at least 25 more feet is added to form 50ft. of road frontage on County Road 330.   3100 Block of Co. Rd. 330 (Dockery)
 
29.  Discussion and/or action regarding a Public Hearing concerning the Replat of being a Replat of Lots 35-A & 36-A, Shady Creek Ranches, a subdivision in Burnet County, Texas, as shown on plat recorded in doc. No. 200911143, Official Public Records of Burnet County, Texas, to be known as Lots 35-B & 36-B, Shady Creek Ranches (Dockery)
 
30.  Discussion and/or action regarding the Public Hearing concerning the Replat of Lot 1, Draper Acres, Sec. 2, A private subdivision located in Burnet County, Texas, of record in doc. 201807875, Official Public Records of Burnet County, Texas, to be known as Lot 1-A, Draper Acres, Sec. 2 (Beierle)
 
31.  Discussion and/or action regarding the Public Hearing concerning the Replat of Tract 2, Council Creek South, Unit No. 1, as shown on Plat recorded in Cab. 1, Slide 48A, Plat records Burnet County, Texas, creating “Tracts 2A, 2B, 2C, 2D & 2E, Council Creek South, Unit 1 (Luther) 
 
32.  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).   
           
33. Reconvene in Open Session. (Oakley)
 
34. 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)
 
35.  Discussion and/or action regarding Department Updates:  (Oakley)
            a. Treasurer’s Report – December 2018
            b. Quarterly Report Q1 FY2019 Oct - Dec
           
36.   Acknowledgement of Receipt: (Oakley)
            a. Texas Veterans Commission
            b. WAID Environmental
            c. TCEQ Permit
            d. Burnet Central Appraisal District 2019 Budget Amendment
            e. MIS Summary
            f. Appointment of the Burnet County Auditor and Purchasing Agent, Karin Smith
                       
37.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
 
  1. Agri-Life Building Agreement
 
38.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)
 
  1. Award Debris Monitoring and Debris Removal
 
39.  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.
                                               
40.  Discussion regarding any previous agenda items.
                                                                                                                           
41.  Calendar Review.
 
42.  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.
 
 
Item #1:
Call to Order
James Oakley, County Judge, called the meeting to order at 9:05 AM.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Damon Beierle, Commissioner Precinct 2, led the court in the invocation and the pledges to the Texas and United States flags.
 
Item #3:
Comments
There was no public comment.
 
Item #4:
Ft. Croghan Brush Removal
The court discussed allowing county crews to complete brush removal from Ft. Croghan grounds.

Damon Beierle, Commissioner Precinct 2, stated that he, Commissioner Luther, and Commissioner Dockery would get the necessary equipment and man power to remove the brush and debris in the interest of both public safety and preservation of the fort.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Damon Beierle to approve allowing county crews to complete brush removal from Ft. Croghan grounds.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Fire Contracts
The court discussed status and/or continuation of the contract between Briggs Volunteer Fire Department and Burnet County for Emergency Fire Response Assistance.

Damon Beierle, Commissioner Precinct 2, stated that ESD 8 has elected not to renew its contract with the Briggs Volunteer Fire Department. Effective March 1, 2019 ESD 8 will enter into a contract with the Oakalla Volunteer Fire Department instead. Due to these changes, the Briggs Fire Department will no longer be dispatched. Burnet County must now decide if it will continue to fund a Volunteer Fire Department that will no longer be dispatched on calls. The decision was made by the court to look into the matter more, and revisit the issue at the next Commissioner's Court on February 26, 2019.
 
Item #6:
TxDOT Open House
The court discussed the upcoming TxDOT Open House on FM 1431 improvements from Lago Vista to FM 1174. The proposed improvements will include 12 slow moving vehicle turnout lanes, and repaving the road from the Burnet County line to 0.4 miles west of the Bar K Ranch Road. The Open House will be on March 5th at the Lago Vista Middle School at 5:30 PM.
Attachments:
 
Item #7:
Sewage Facility Order
The court discussed the Burnet County On-Site Sewage Facility Order regarding RV parks in the unincorporated areas of the county.

Herb Darling, Environmental Services Director, is proposing to amend our Onsite Sewage Facility Order. Section 10 of this Order is where Amendments can be added. Currently, RV Parks are rated to handle a daily flow rate of 40 gallons/day. Mr. Darling proposes increasing that rate to 100 gallons per day per space.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the proposed amendment to the Burnet County On-Site Sewage Facility Order regarding RV parks in the unincorporated areas of the county.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #13:
Tax Note Series 2019
The court discussed the consideration and approval of an Order by the Commissioners Court of Burnet County, Texas authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2019”, 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.

Duane Westerman presented bid responses for the private placement of the issue of Tax Notes in the amount of  2.5 million dollars. There were a total of seven bids from six different banks. JP Morgan Chase presented the best bid (Option A) with an effective interest rate of 2.48%

James Oakley, County Judge, noted for the court that Burnet County is not having to increase taxes to acquire these funds.

 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the bid from JP Morgan Chase Option A.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
Bond for Karin Smith
The court  discussed the approval of the bond for Karin Smith, Burnet County Auditor.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the bond for Karin Smith, Burnet County Auditor.

Vote: 5 - 0 Passed - Unanimously

 
Item #27:
Preliminary Plat Morrows Meadows
The court discussed 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 including a variance request for a 20 ft. wide neck fronting on Exeter Road because the 3.34 acres will be restricted from any futher subdivision into smaller parcels unless at least 20 more feet is added to form 50ft. of road frontage on Exeter Road.  1000 Block Exeter Road.

Herb Darling, Environmental Services Director, and Don Sherman, Willis-Sherman Associates, presented the preliminary plat. Mr. Darling recommends approving the plat. Eddie Arredondo, Burnet County Attorney, found no legal reason to withhold approval.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the 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 including a variance request for a 20 ft. wide neck fronting on Exeter Road because the 3.34 acres will be restricted from any futher subdivision into smaller parcels unless at least 20 more feet is added to form 50ft. of road frontage on Exeter Road. 1000 Block Exeter Road.

Vote: 5 - 0 Passed - Unanimously

 
Item #28:
Preliminary Plat Miller Acres
The court discussed 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, including a variance request for a 25ft wide neck fronting on County Road 330 because the two 2.5 acre lots will be restricted from any further subdivision into smaller parcels unless at least 25 more feet is added to form 50ft. of road frontage on County Road 330.   3100 Block of Co. Rd. 330.

 
 

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, including a variance request for a 25ft wide neck fronting on County Road 330 because the two 2.5 acre lots will be restricted from any further subdivision into smaller parcels unless at least 25 more feet is added to form 50ft. of road frontage on County Road 330. 3100 Block of Co. Rd. 330.

Vote: 5 - 0 Passed - Unanimously

 
Item #24:
Vacating Portion of Tract 2 Crawford Subd.
 The court discussed vacating a 2.447 acre tract out of Tract 2 of the Crawford Subdivision

Herb Darling, Director Environmental Services, stated that easement access will be addressed in a later agenda item and recommended approving the vacating of this tract.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve regarding vacating a 2.447 acre tract out of Tract 2 of the Crawford Subdivision.

Vote: 5 - 0 Passed - Unanimously

 
Item #25:
Replat of Crawford
 The court discussed a Replat of Tract 1 and 2 of the Crawford Subdivision.

Herb Darling, Director Environmental Service, and Danny Stark, Cuplin & Associates Inc., presented the replat.

No action was taken.
 
Item #26:
Preliminary Plat Crawford
 The court discussed a Preliminary Plat approval for the Crawford Subdivision, Phase 2, being 17.447 acres out of the David Harmon League Svy. No. 4, Abst. #386, Burnet County, Texas located at 1801 CR 258.

Herb Darling, Director environmental Services, and Danny Stark, Cuplin & Associates Inc., presented the replat.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a Preliminary Plat approval for the Crawford Subdivision, Phase 2, being 17.447 acres out of the David Harmon League Svy. No. 4, Abst. #386, Burnet County, Texas located at 1801 CR 258.

Vote: 5 - 0 Passed - Unanimously

 
Item #29:
Replat of Shady Creek Ranches
 The court discussed a Public Hearing concerning the Replat of being a Replat of Lots 35-A & 36-A, Shady Creek Ranches, a subdivision in Burnet County, Texas, as shown on plat recorded in doc. No. 200911143, Official Public Records of Burnet County, Texas, to be known as Lots 35-B & 36-B, Shady Creek Ranches.

Herb Darling, Director Environmental Services, and Cuplin & Associates Inc., presented the replat.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a Public Hearing concerning the Replat of being a Replat of Lots 35-A & 36-A, Shady Creek Ranches, a subdivision in Burnet County, Texas, as shown on plat recorded in doc. No. 200911143, Official Public Records of Burnet County, Texas, to be known as Lots 35-B & 36-B, Shady Creek Ranches.

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
Application for 2nd Environmental Deputy
 The court discussed Approval to apply for and sign resolution for the Office of the Governor, Criminal Justice Divison (CJD) FY 20 Justice Assistance Grant program for 2nd Environmental Deputy due to the overwhelming number of felony cases.  Application #3813101.

Chris Cowan, Environmental Deputy, updated the court on the increase in number of cases since his last departmental update.

Jana Teague, Grant Coordinator, proposed promoting the Environmental Services Deputy to Deputy III effective October 1, 2019 pending approval from the HR Committee. Mrs. Teague stated that if we receive the grant next year it will be a max of 80% of the amount received this year; not 80% of the total cost.

Missy Bindseil, Constable Precinct 4, reiterated Deputy Cowan's assessment of the drastic increase in felony cases necessitating the hiring of a second Environmental Deputy.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the application for and signing of a resolution for the Office of the Governor, Criminal Justice Divison (CJD) FY 20 Justice Assistance Grant program for 2nd Environmental Deputy due to the overwhelming number of felony cases. Application #3813101.

Vote: 5 - 0 Passed - Unanimously

 
Item #22:
Application for NIRBS
The court discussed the Approval to apply for and sign resolution for the Office of the Governor, NB20 PY20 National Incident-Based Reporting System (NIBRS) Constable Compliance project.

Jana Teague, Grant Coordinator, and Missy Bindseil, Constable Precinct 4, presented the Resolution and informed the court that currently Burnet County is compliant with NIBRS and the positions that are not compliant are on schedule to attain compliance by the mandated deadline.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve application for and the signing of the resolution for the Office of the Governor, NB20 PY20 National Incident-Based Reporting System (NIBRS) Constable Compliance project.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #38:
Bids/Requests/Qualifications
The court discussed call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.

Karen Hardin, County Services Director, presented the update on the CDBG-DR grant application to award Debris Monitoring and Debris Removal. A debris removal company and a debris removal monitoring company must be determined before moving forward per the FEMA declaration. Mrs. Hardin recommended TDS as the removal company who is in compliance with all the FEMA and CDBG-DR regulations.

Rick Fraumann, TDS Representative, presented the clean-up process to the court.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the bid from TDS for the debris removal contingent upon an approved pre-agreement with TDA regarding Burnet Counties CDBG-DR grant application.

Vote: 5 - 0 Passed - Unanimously

James Oakley, County Judge, stated that per FEMA guidelines, the county must contract with a third party for debris removal monitoring. Four bids were received, and one company was local which allows the travel charges to be waived. The bid from this company, True North, was for $95.00 per hour.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept the bid from True North for debris removal monitoring contingent upon an approved pre-agreement with TDA regarding Burnet Counties CDBG-DR grant application.

Vote: 5 - 0 Passed - Unanimously

 
Item #35:
Department Updates
The court discussed Department Updates.

Karrie Crownover, County Treasurer, presented the Treasurer's Monthly and Quarterly Reports.

Herb Darling, Environmental Services Director, reported that his department has been busy.

Mike Cummings, Burnet County Sheriff's Office , reported that the department's grant request: K9's for Cops was approved. Interviews for a K9 officer will begin on February 13.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept the County Treasurer's Monthly and Quarterly Reports.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
County Depository Bank Contract
The court discussed the approval to request proposals for County Depository Bank Contract.

Karrie Crownover, County Treasurer, reported that the county's bank contract will expire May 31st, so the county must go out for proposals for another two year contract.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve requesting proposals for County Depository Bank Contract.

Vote: 5 - 0 Passed - Unanimously

 
Item #30:
Replat Draper Acres
The court discussed the Public Hearing concerning the Replat of Lot 1, Draper Acres, Sec. 2, A private subdivision located in Burnet County, Texas, of record in doc. 201807875, Official Public Records of Burnet County, Texas, to be known as Lot 1-A, Draper Acres, Sec. 2.

Herb Darling, Environmental Services Director, recommended approval of the replat.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Replat of Lot 1, Draper Acres, Sec. 2, A private subdivision located in Burnet County, Texas, of record in doc. 201807875, Official Public Records of Burnet County, Texas, to be known as Lot 1-A, Draper Acres, Sec. 2.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #31:
Replat of Council Creek South
The court discussed the Public Hearing concerning the Replat of Tract 2, Council Creek South, Unit No. 1, as shown on Plat recorded in Cab. 1, Slide 48A, Plat records Burnet County, Texas, creating “Tracts 2A, 2B, 2C, 2D & 2E, Council Creek South, Unit 1.

Herb Darling, Environmental Services Director, presented the replat.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Tract 2, Council Creek South, Unit No. 1, as shown on Plat recorded in Cab. 1, Slide 48A, Plat records Burnet County, Texas, creating “Tracts 2A, 2B, 2C, 2D & 2E, Council Creek South, Unit 1.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #19:
Acceptance of Donations
The court discussed the Acceptance of Donation(s) received by the Burnet County Sheriff’s Office from D&W Printing Inc. in the amount of $4,000.00 for the purchase of soft body armor, and from Johnson Sewell in the amount of $400.00 for the aforementioned K9 unit.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the donations from D&W Printing Inc. Johnson Sewell.

Vote: 5 - 0 Passed - Unanimously

 
Recess
The court recessed at 10:13 for five minutes.
 
Reconvene
The court reconvened at 10:20.
 
Item #37:
Contracts, Agreements, Grants
The court discussed contracts, agreements or grants to be approved and/or ratified.

James Oakley, County Judge, informed the court of a need for a motion that would allow him to sign the contract with Texas Disposals Systems.This contract could then be ratified at the next court meeting to execute the services for which the court just approved the award

No document was presented in court.

Motion made by: Commissioner Precinct 4, Joe Don Dockery, Seconded by: Commissioner Precinct 3, Billy Wall to execute the contract with TDS for debris removal from the October 2018 Flood Event contingent upon the pre-approved agreement with TDA regarding Burnet County's CDBG-DR Grant Application, and allowing for Judge Oakley's execution of that document
.

Vote:  5 - 0 Passed - Unanimously

Karen Hardin, County Services Director, advised the court that the second motion must also be made giving Judge Oakley the authority to sign the monitoring contract.

No document was presented in court.


 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept the contract from True North for the debris removal monitoring resulting from the October 2018 Flood Event contingent upon the pre-approved agreement with TDA regarding Burnet County's CDBG-DR Grant Application.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
South Texas Membership
The court discussed membership to the South Texas County Judges and Commissioner’s Association or any other Chapter.

James Oakley, County Judge, advised the court of the options available to Burnet County based on geographic location.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve renewing membership to the South Texas County Judges and Commissioner’s Association or any other Chapter.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #9:
Courthouse Preservation
The court discussed  the Texas Historic Courthouse Preservation Program Round X grant award.

Karen Hardin, County Services Director, informed the court that Burnet County is updating its Courthouse Master Plan which will enable the county to apply for future preservation or renovation grants.
 
Item #10:
Gibbons Deed
The court discussed Quitclaim Deed from Burnet County to Tatom Heath Gibbons et ux for a .38 acre tract of land out of the F.M. Gardner Svy. No. 69, Abst. No. 1307 relating to US 183 and old Hwy. 74 rerouting.

Herb Darling, Environmental Services, presented the circumstances necessitating the filing of this deed.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Quitclaim Deed from Burnet County to Tatom Heath Gibbons et ux for a .38 acre tract of land out of the F.M. Gardner Svy. No. 69, Abst. No. 1307 relating to US 183 and old Hwy. 74 rerouting.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Groundwater Availability
The court discussed Groundwater availability for Subdivision Platting Regulations.

Herb Darling, Environmental Services Director, advised the court that this is an updated draft. The original regulations only applied to counties within a Priority Groundwater Management Area. This regulation necessitated Burnet County rely on Local Government Code 232.0032, instead as there are fewer requirements with which to comply. Mr. Darling would like to schedule a public meeting with notices posted in local publications. Additionally, Mr. Darling would like email notifications sent to local real estate agents and developers in order to garner more input. Mr. Darling would prefer the Public Hearing to be after business hours to allow maximum public attendance and participation.
 
Item #12:
Vacating County Road 345 to LCRA
The court discussed vacating the ending 1.1 miles of County Road 345 to LCRA.

Billy Wall, Commissioner Precinct 3 presented the case for vacating this portion of County Road 345. LCRA recently acquired the land between two parks. This acquisition of what was previously private land has eliminated the need for this portion of County Road 345. Relinquishing this road to LCRA allows them to close this road off in order to increase park security and public safety within the park areas. Mr.Wall's recommendation is to relinquish this portion of County Road 345 to the LCRA.

The Court took a moment to allow anyone present in court to comment on this item.

Eddie Arredondo, Burnet County Attorney, noted that the Commissioner for Precinct 3 brought this issue to the court in advance, and that notices were posted properly at both ends of the road, and at the Courthouse. Mr. Arredondo also stated the vote would have to be unanimous to pass.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the agenda item as presented: to abandon 1.1 mile of County Road 345 back to the LCRA.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #15:
ESD 7 Audit Reports
The court discussed the ESD #7 Audit Reports for the year-end September 30, 2018.

The court acknowledged receipt of the Audit Reports.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve acceptance of the ESD #7 Audit Reports for the year-end September 30, 2018.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Records Management Employee
The court discussed using County Records Mgmt. funds to hire a temporary employee to scan in documents for records management.

Karen Hardin, County Services Director, advised the court as to the need for this position. The amount necessary is not to exceed $6,000.00.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve using County Records Mgmt. funds to hire a temporary employee to scan in documents for records management. The amount is not to exceed $6,000.00.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Event Funding
The court discussed the Event funding application process and policy for Hotel/Motel funds.

Andi Ball, Burnet County Tourism, stated that the Lodgers and the Committee have been in discussions about changing the Event Funding Procedure that is currently in place. All parties desire a more equitable and cost effective plan. The proposal is to sponsor community events following guidelines for HOT Tax. The committee would decide which events to sponsor and to what extent.

Damon Beierle, Commissioner Precinct 2, stated this proposal provides more provable advertising benefit to the county and to the lodgers.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the new Event Funding Policy for the administration of these funds.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Flooding
The court discussed any items deemed necessary and relevant to the October 16th flood.

James Oakley, County Judge, stated that LCRA has lowered the lakes LBJ and Marble Falls for repairs.LCRA is attempting to lower the lakes as much as possible for as long as possible without negatively impacting the 2900 Bridge construction, or the Ferguson Power Plant.

Joe Don Dockery, Commissioner Precinct 4, has been in communications with a contractor willing to aid in the removal of debris from the lakes at no cost to the county. The contractor only requires dumpsters for debris disposal. The commissioner will continue discussions with this contractor, and obtain more information before moving forward.

Karen Howard, County Services Director, stated that the loss of revenue to the businesses affected by the flood can be added to the total loss in order to meet the individual assistance threshold for FEMA.

Stan Hemphill, Chief Appraiser, addressed the court as to the potential effect of the flooding on property values and to individuals in the community.
 
Item #21:
BCAD Property Bids
The court discussed property bids received by the Burnet Central Appraisal District for lots 740, 741, & 742, Block 3 of Council Creek Village, Burnet County, Texas.

Stan Hemphill, Chief Appraiser, presented the bid for these lots in the amount of $2835.00.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve property bids received by the Burnet Central Appraisal District.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #37:
Contracts, agreements, Grants
The court discussed contracts, agreements or grants to be approved and/or ratified.

James Oakley, County Judge, apprised the court that the contract with the transfer station will change from a property lease to an operational lease.

Stan Hemphill, Chief Appraiser, is consulting with Karen Hardin County Services Director, on logistics of the agreement.
 
Item #32:
Executive Session
No action was taken.
 
Item #33:
Reconvene
No action was taken.
 
Item #34:
Executive Items
No action was taken.
 
Item #36:
Acknowledgement of Receipt
The  court acknowledged Receipt of the following items:

The court acknowledged receipt of a letter stating Phil Hall, Veteran County Service Officer, has completed his required training.

The court acknowledged receipt of the permit from WAID Environmental.

The court acknowledged the receipt of the TCEQ Permit.

The court acknowledged receipt of the Burnet Central Appraisal District 2019 Budget Amendment.

The court acknowledged receipt of the MIS Summary Report.

The court acknowledged receipt of an Administrative Order appointing Karin Smith as Purchasing Agent.
 
 
Item #37:
Contracts, Agreements, Grants
The court discussed contracts, agreements or grants to be approved and/or ratified.

James Oakley, County Judge, presented the Facility Use Agreement.

Motion made by: Commissioner Precinct 1, Jim Luther Jr., Seconded by: Commissioner Precinct 2, Damon Beierle to approve the Facility Use Agreement for the Agri-Life Building.

Vote: 5 - 0 Passed - Unanimously

Karen Hardin, County Services Director, presented a Change Order on CR 120, a 4S Contract Ratification, the Trans Union Agreement, and the Confidentiality Agreement with the County Indigent Health Care Program.



 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve contracts, agreements or grants to be approved and/or ratified.

Vote: 5 - 0 Passed - Unanimously

 
Item #39:
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.

In addition to the Consent Agenda, the court was asked to consider approval of a Hand Check to Citibank in the amount of $20,000.00 for credit card purchases made in the month of January.
 
 

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 and the Hand Check to Citibank for credit card purchases.

Vote: 5 - 0 Passed - Unanimously

 
Item #40:
Previous Agenda Items
No action was taken.
 
Item #41:
Calendar Review
The court reviewed the calendar.
 
Item #42:
Adjournment
James Oakley, County Judge, adjourned the court at 11:15.