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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 14 day of  May 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:
Karin Smith, County Auditor; 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 May 14, 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.  Presentation of donation from Burnet County to the Marble Falls Daybreak Rotary, Hill Country Children’s Advocacy Center, Highland Lakes Court Appointed Special Advocates, Boys & Girls Club of the Highland Lakes, and Literacy Highland Lakes (Parker)
 
5.  Discussion and/or action regarding inmate housing rates (Smith)
 
6.  Discussion and/or action regarding the approval for Victim Liaison Coordinator, Debi King, to travel out of state to the National Center for Victims, National Training Institute in Denver, Colorado on December 4-6, Office of the Governor, Criminal Justice Division FY 20-21 General Victim Assistance Program for Victim Liaison Coordinator (Boyd/Oakley)
 
7.  Discussion and/or action regarding the approval for the Sheriff’s Office to apply for a new grant, via online application system, from the Auto Burglary and Theft Prevention Authority for FY 20/21.  This grant application will be adding McLennan and Mills Counties and possibly City of Killeen as participating members of the Heart of Texas Auto Theft Task Force as well as moving the administrative assistant position from being an employee of Coryell County to being an employee of Burnet County.  Grant application is due June 7 (Oakley/Stinehour/Smith)
 
8.  Discussion and/or action to acquire right of way for the improvement of the intersection of CR 266 at Hwy. 29 (Beierle)
 
9.  Discussion and/or action regarding the approval to purchase 0.11 acres on CR 330/335 (Wall)
 
10.  Discussion and/or action regarding the review and approval of County Depository award.  RFP opened 4-16-19 (Smith)
 
 11.  Discussion and/or action regarding the presentation of the Delinquent Property Tax Collection Report from MVBA (Oakley)
 
12.  Presentation of an update on the Hill Country Humane Society (Hardin)
 
13.  Discussion and/or action concerning positions on any proposed legislation during the current legislative session (Oakley)

14.  Discussion and/or action concerning the release of Subdivision Completion Bonds #732094 ($1,498,253.78) and #732110 ($1,142,680.50) for the Ranches at Blackbuck Ridge, Phases 1 and 2, and the acceptance of Subdivision Maintenance Bond #0732094 ($396,140.14) for the Ranches at Blackbuck Ridge, Phases 1 and 2 (Luther)
 
15.  Discussion and/or action regarding the final plat of Lot 68-L, Common Area.  Amenity Center, Clearwater Landing at LBJ II, Phase 2, to be known as Clearwater Landing at LBJ II, Phase 2, Plat No. 2.12, 1.33 acres out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas (Luther)
 
16.  Discussion and/or action concerning the final plat approval for The Ranches at Bentley Ridge, Phase 2, a private subdivision consisting of 32 lots on 177.77 acres out of various surveys located in the 3500 block of FM 963 (Beierle)
 
17.  Discussion and/or action concerning the final plat approval for Cloudwood Ranch, Phase 2, a private subdivision consisting of 19 lots on 101.78 acres out of the William B. Anderson Svy. No. 65, Abst. No. 13.  1300 Block of FM 2657 (Beierle)
 
18.  Discussion and/or action concerning a Replat of Lots 29 and 30, in Lake Oaks Ranch to be known as Lot 29-A, Lakes Oaks Ranch (Dockery)
 
19.  Discussion and/or action concerning the Replat of Lots 230, 231 & 232, Silver Creek Village, Unit One, a Subdivision in Burnet  County, Texas, as shown on Plat recorded in Cabinet 1, Sliver 14C, Plat records of Burnet County, Texas, to be known as “Lot 230A, Silver Creek Village, Unit One” (Luther)
 
20.  Discussion and/or action concerning the approval to make drainage improvements for safety purposes on private property owned by Bobby J. Darragh, on CoRd. 340 (Wall)
 
21.  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).   
           
22. Reconvene in Open Session.  (Oakley)
 
23. 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)
 
24.  Discussion and/or action regarding Department Updates:  (Oakley)
           
25.   Acknowledgement of Receipt: (Oakley)
            a. Letter from the United States Environmental Protection Agency
            b. MIS Summary October 1, 2018 through March 31, 2019
           
26.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       (Oakley)
 
  1. Agreement for Release of Driver Records to Governmental Entities
  2. Approval to purchase and finance a 2019 Chevrolet 4X2 Crew Cab from Caldwell Country Chevrolet (Tarrant County CO-OP-2019-041)
  3. SO CAD Web View Software from Tyler Technologies
  4. North Point Decision Tree Software
  5. Reimbursement Resolution for 2009 International with dump bed for RB 1
 
27.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings
      or submitted bids.  (Oakley)
 
  1. Review Results and award CR 322, 323, 330, 340 & 342C paving project. Bids opened 5-7-19
 
 28.  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.
                                               
29.  Discussion regarding any previous agenda items.
 
30.  Calendar Review.
 
31.  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 am.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Damon Beierle, Comissioner Precinct 2, led the court in the Invocation and the Pledges to the U.S. and Texas flags.
 
Item #3:
Comments
No comment
 
Item #4:
Presentation of Donation

The court discussed the presentation of donation from Burnet County to the Marble Falls Daybreak Rotary, Hill Country Children’s Advocacy Center, Highland Lakes Court Appointed Special Advocates, Boys & Girls Club of the Highland Lakes, and Literacy Highland Lakes.

Janet Parker, County Clerk, reported to the court the county employees raised $3,940.00 to donate to: Marble Falls Daybreak Rotary, Hill Country Children's Advocacy Center, Highland Lakes Court Appointed Special Advocates, Boys and Girls Club of the Highland Lakes, and Literacy Highland Lakes.
 
Item #11:
Delinquent Property Tax Collection Report
The court discussed the Delinquent Property Tax Collection Report from MVBA.

Noe Reyes, Attorney for the firm, discussed the Property Tax Collection Report from MVBA.
 
Item #18:
Replat Lakes Oaks Ranch
The court discussed a replat of Lots 29 and 30, in Lake Oaks Ranch to be known as Lot 29-A, Lakes Oaks Ranch.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a replat of Lots 29 and 30, in Lake Oaks Ranch to be known as Lot 29-A, Lakes Oaks Ranch

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Final Plat of Clearwater Landing at LBJ II
The court discussed the final plat of Lot 68-L, Common Area.  Amenity Center, Clearwater Landing at LBJ II, Phase 2, to be known as Clearwater Landing at LBJ II, Phase 2, Plat No. 2.12, 1.33 acres out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the final plat of Lot 68-L, Common Area. Amenity Center, Clearwater Landing at LBJ II, Phase 2, to be known as Clearwater Landing at LBJ II, Phase 2, Plat No. 2.12, 1.33 acres out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

 
Item #19
Replat of Silver Creek Village
The court discussed the replat of Lots 230, 231 & 232, Silver Creek Village, Unit One, a Subdivision in Burnet  County, Texas, as shown on Plat recorded in Cabinet 1, Slide 14C, Plat records of Burnet County, Texas, to be known as “Lot 230A, Silver Creek Village, Unit One.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Replat of Lots 230, 231 & 232, Silver Creek Village, Unit One, a Subdivision in Burnet County, Texas, as shown on Plat recorded in Cabinet 1, Slide 14C, Plat records of Burnet County, Texas, to be known as “Lot 230A, Silver Creek Village, Unit One.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Final Plat of The Ranches at Bentley Ridge
The court discussed the final plat approval for The Ranches at Bentley Ridge, Phase 2, a private subdivision consisting of 32 lots on 177.77 acres out of various surveys located in the 3500 block of FM 963.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat approval for The Ranches at Bentley Ridge, Phase 2, a private subdivision consisting of 32 lots on 177.77 acres out of various surveys located in the 3500 block of FM 963

Jim Luther, Commissioner Precinct 2, was not present for the vote.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 1 Jim Luther, Jr. (Absent)
 
Item #17:
Final Plat of Cloudwood Ranch
The court discussed the final plat approval for Cloudwood Ranch, Phase 2, a private subdivision consisting of 19 lots on 101.78 acres out of the William B. Anderson Svy. No. 65, Abst. No. 13. 1300 Block of FM 2657
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the final plat approval for Cloudwood Ranch, Phase 2, a private subdivision consisting of 19 lots on 101.78 acres out of the William B. Anderson Svy. No. 65, Abst. No. 13. 1300 Block of FM 2657

Jim Luther, Commissioner Precinct 1, was not present for the vote.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 1 Jim Luther, Jr. (Absent)
 
Item #14:
Release of Subdivision Completion Bonds
The court discussed the release of Subdivision Completion Bonds #732094 ($1,498,253.78) and #732110 ($1,142,680.50) for the Ranches at Blackbuck Ridge, Phases 1 and 2, and the acceptance of Subdivision Maintenance Bond #0732094 ($396,140.14) for the Ranches at Blackbuck Ridge, Phases 1 and 2.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the release of Subdivision Completion Bonds #732094 ($1,498,253.78) and #732110 ($1,142,680.50) for the Ranches at Blackbuck Ridge, Phases 1 and 2, and the acceptance of Subdivision Maintenance Bond #0732094 ($396,140.14) for the Ranches at Blackbuck Ridge, Phases 1 and 2.

Vote: 5 - 0 Passed - Unanimously

 
Item #26:
Contracts
The court discussed contracts, agreements or grants to be approved and/or ratified: Agreement for Release of Driver Records to Governmental Entities
  1. Approval to purchase and finance a 2019 Chevrolet 4X2 Crew Cab from Caldwell Country Chevrolet (Tarrant County CO-OP-2019-041)
  2. SO CAD Web View Software from Tyler Technologies
  3. North Point Decision Tree Software
  4. Reimbursement Resolution for 2009 International with dump bed for RB 1
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the contracts, agreements or grants in its entirety.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Inmate Housing Rates
The court discussed inmates housing rates.

Calvin Boyd, Sheriff, stated the amount will increase to $45.00 a day effective October 1, 2019.
 
Item #6:
Approval to Travel
The court discussed the approval for Victim Liaison Coordinator, Debi King, to travel out of state to the National Center for Victims, National Training Institute in Denver, Colorado on December 4-6, Office of the Governor, Criminal Justice Division FY 20-21 General Victim Assistance Program for Victim Liaison Coordinator.

Karin Smith, County Auditor, stated the grant for the Victim Liaison will pay for 80% of her travel.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Victim Liaison Coordinator, Debi King, to travel out of state to the National Center for Victims, National Training Institute in Denver, Colorado on December 4-6, Office of the Governor, Criminal Justice Division FY 20-21 General Victim Assistance Program for Victim Liaison Coordinator.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Apply for New Grant
The court discussed the approval for the Sheriff’s Office to apply for a new grant, via online application system, from the Auto Burglary and Theft Prevention Authority for FY 20/21.  This grant application will be adding McLennan and Mills Counties and possibly City of Killeen as participating members of the Heart of Texas Auto Theft Task Force as well as moving the administrative assistant position from being an employee of Coryell County to being an employee of Burnet County.  Grant application is due June 7.

 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve for the Sheriff’s Office to apply for a new grant, via online application system, from the Auto Burglary and Theft Prevention Authority for FY 20/21. This grant application will be adding McLennan and Mills Counties and possibly City of Killeen as participating members of the Heart of Texas Auto Theft Task Force as well as moving the administrative assistant position from being an employee of Coryell County to being an employee of Burnet County. Grant application is due June 7.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Improvement on CR 266
The court discussed acquiring right of way for the improvement of the intersection of CR 266 at Hwy. 29.

Damon Beierle, Commissioner Precinct 2, requested $13,700.00 to improve CR 266.  James Oakley, County Judge, stated the right of way purchase can be funded in the 2019 Tax Notes.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the purchase of right of way for the improvement of the intersection of CR 266 at Hwy. 29

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Approval to Purchase
The court discussed the approval to purchase 0.11 acres on CR 330/33.

Billy Wall, Commissioner, requested $1,200.00 to purchase .11 acres and improve the safety of CR 330/335.
 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle  to approve the purchase of 0.11 acres on CR 330/335.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #10:
Approval of County Depository Award
The court discussed the review and approval of County Depository award.  RFP opened 4-16-19.

Karin Smith, County Auditor, reported Burnet County received three proposals for RFP# 19-4090-10: BancorpSouth, Hill Country National Bank, and Security State Bank and Trust.   It is recommended to the court that Burnet County award Bancorp South as the depository bank for the two year contract beginning June 1, 2019 through May 31, 2021.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the recommendation to award the bid to BancorpSouth as the depository bank. RFP opened 4-16-19.

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Hill Country Humane Society
 No action
 
Item #13:
Proposed Legislation
The court discussed positions on any proposed legislation during the current legislative session.

James Oakley, County Judge, discussed the SB2.
 
Item #20:
Drainage Improvements
The court discussed the approval to make drainage improvements for safety purposes on private property owned by Bobby J. Darragh, on CoRd. 340.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve drainage improvements for safety purposes on private property owned by Bobby J. Darragh, on CoRd. 340.

Vote: 5 - 0 Passed - Unanimously

 
Item #21:
Executive Session
No action
 
Item #22:
Reconvene in Open Session
No action
 
Item #23:
Items Discussed in Executive Session
No action
 
Item #24:
Department Update
Herb Darling, Director of Environmental Services, reported his office has been busy permitting and Burnet County has a lot of new homes being built.

Stephanie McCormick, Commissioner Court Coordinator, gave an update on Collections.

Sara Ann Luther, Human Resource, gave an update on Human Resources.
 
Item #25:
Acknowledgement of Receipt
The court discussed Acknowledgement of Receipt: 

            a. Letter from the United States Environmental Protection Agency
            b. MIS Summary October 1, 2018 through March 31, 2019
 
 
Item #27:
Bids
The court discussed Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings
      or submitted bids.
 
             a. Review Results and award CR 322, 323, 330, 340 & 342C paving project. Bids opened 5-7-19               

Based upon review of the bids received, and with no apparent basis for objection, KC Engineering, Inc. recommends that Burnet County enter into contract with the low bidder, Lone Star Paving Company, for construction of the Burnet County Roads 322,323,330,340, & 342C Project.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to award the bid to Lone Star Paving.

Vote: 5 - 0 Passed - Unanimously

 
Item #28:
Consent Agenda
The court discussed the Consent Agenda.

James Oakley, County Judge, requested to issue hand checks to S and S Electrical Services in the amount of $300.00 and Western Construction in the amount of $3,850.00.

James Oakley, County Judge, requested a property transfer of a vehicle to the Sheriff's office.

James Oakley, County Judge, reported the CAPCOG Grant funding was approved for the current environmental officer second year and to hire an additional Environmental Officer.
 

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

 
Item #29:
Previous Agenda Item
James Oakley, County Judge, reported they will have a meeting on the FY 20 Budget on  May 20, 2019 wtih the District Attorney, San Saba Judge, Llano Judge, and Blanco Judge to discuss the District Attorney budget.

Joe Don Dockery, Commissioner Precinct 4, and Judge Oakley reported $906,841.00 of funding approved from CAPCOG Executive Committee and CAECD Board of Managers for Burnet County was awarded.
Attachments:
 
Item #30:
Calendar Review
The court discussed Calendar Review.
 
Item #31:
Adjournment
James Oakley, County Judge, adjourned the meeting at 10:35 am.