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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 25 day of June 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; Carole Poppema, Assistant County Auditor; Janet Parker, County Clerk; Stephanie McCormick, Comm. Court Coordinator
 
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 June 25, 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 and Recognition of the Burnet County Youth Art Summer Exhibits (Oakley)
 
5.  Discussion and/or action on Child safety fee (Smith/Oakley)
 
6.  Discussion and/or action on the recommendations for Commissary Services contract award (Kimbler/Oakley)
 
7.  Discussion and/or action regarding the approval of a new volunteer driver for Vetrides (McCoy/Oakley)
 
8.  Discussion and/or action regarding updating options for Deferred Compensation Plan available through Nationwide Retirement Solutions (S. Luther)
 
9.  Discussion and/or action regarding optional employee benefits (S. Luther)
 
10.  Discussion and/or action for the approval to purchase from the County Clerk Technology Fund a monitor stand and extension cord in the amount of $200.00 (Parker)
 
11.  Discussion and/or action regarding updating the Burnet County Personnel Policies (S. Luther)
 
12. Discussion and/or action regarding the approval of the 2019-20 TAC Health and Employee Benefits Pool Renewal as well as the retirement plan, and health and dental (S. Luther)
 
13.  Discussion and/or action on the Regional Public Defender for Capital Cases (RPDO) Program (Smith/Oakley)
 
14.  Discussion and/or action for the approval to Transfer a 2004 Chevy Pickup and a 2008 Ford Expedition from the Sheriff’s Office to ESD 4 to be used for entrapment and rescue training (Weems/Smith)

15.  Discussion and/or action for the approval to sign resolution for the FY 2020 Indigent Defense Improvement Grant Program from Texas Indigent Defense Commission.  This grant is to purchase Microsoft Surface pros and accessories to be utilized by the jail for magistrate and mental health services.  Licenses with VIDEOMAGISTRATE.COM to have the ability to record and store video conferencing recordings.  This grant also will purchase and implement TechSare software to help maintain quality and cost-effective indigent defense system (Oakley/Noaker/Smith)
 
16.  Discussion and/or action regarding a resolution providing for the sale of property acquired by the Burnet Central Appraisal District at Delinquent Tax Sale: Lots 444 & 445, Sherwood Shores Sec. IV, Sherwood Shores, City of Granite Shoals, Burnet County, Texas;  Account #39756 (2018 Assessed Value - $95,472.00 (Oakley)
 
17.  Discussion and/or action regarding a request for a variance from the Burnet County Subdivision Regulations by Rex Bohls, representing Master Flag, LP, to create four tracts being 160.1, 193.4, 153.7, 414.3 acres from a 921.76 acre tract identified by BCAD parcel numbers 58139 (Luther)
 
18.  Discussion and/or action regarding the completion of road and drainage improvements for 7 Creeks Ranch Subdivision, Phase 4, and the release of $49,625 of the remaining $79,400, retaining 15% ($29,775) of Cash Bond #18-6-12 for a 2 year period from this date to provide the bonding for maintenance (Beierle)
 
19.  Discussion and/or action regarding the release of 60% ($172,890) of Cash Bond #18-12-11 for road and drainage improvements for 7 Creeks Ranch Subdivision, Phase 5, based on a percent completion letter from William H. Engineering (Beierle)
 
20.  Discussion and/or action regarding the release of 30% ($81,414) of Cash Bond #19-5-29 for road and drainage improvements for 7 Creeks Ranch Subdivision, Phase 6, based on a percent completion letter from William H. Engineering (Beierle)
 
21.  Discussion and/or action concerning the approval to release retainage for ProDirt for CR 120 project (Luther)
 
22.  Discussion and/or action concerning items related to the FY 2020 Burnet County Budget (Oakley)
 
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. Treasurer’s Monthly Report – May 2019
            b. Tourism Post Funding Report from the Burnet County Rodeo
            c. Tourism Invoice for a Website Publication Push in the Burnet Bulletin’s July 4th Special Edition
                       
27.   Acknowledgement of Receipt: (Oakley)
            a. MIS Monthly Summary October 2018-April 2019
                       
           
28.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       (Oakley)
 
  1. Approve amendment to Tyler Tech Odyssey contract
  2. Approve Change Order for CR 322 & 330 Water Crossing project
 
 
29.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings
      or submitted bids.  (Oakley)
 
  1. Discuss authorization to advertise for bids on Cr 210, 219, & 266 construction project


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.
 
 
Item #1:
Call to Order
James Oakley, County Judge, called the meeting to order at 9:08 am
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Joe Don Dockery, Commissioner Precinct 4, led the court in the Invocation and the Pledges to the U.S. and Texas Flags.
 
Item #3:
Comments
Jim Luther, Commissioner Precinct 2, gave thanks to Whataburger for finding his wife's moms engagement ring.
 
Item #4:
Presentation & Recognition
The court presented certificates and recognized the Burnet County Youth Art Summer Exhibits.
 
Item #5:
Child Safety Fee
The court discussed the Child safety fee.

James Oakley, County Judge, referred to February 2018 meeting of the Child Welfare annual report. Judge Oakley stated inadequate funding from Burnet County.  Judge Oakley increased the budget for FY 2019 and that funding was not included in the FY 2019 Budget.

James Oakley, County Judge, would like to allocate $5,000.00 from the child safety fee to the Child Welfare Board.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the funding of $5,000.00 from the child safety fund to the Child Welfare Board.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #14:
Transfer a 2004 Chevy
The court discussed approval to transfer a 2004 Chevy Pickup and a 2008 Ford Expedition from the Sheriff’s Office to ESD 4 to be used for entrapment and rescue training.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the transfer of a 2004 Chevy Pickup and a 2008 Ford Expedition from the Sheriff’s Office to ESD 4 to be used for entrapment and rescue training.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #22:
FY 2020 Budget
The court discussed items related to the FY 2020 Burnet County Budget.

Bobby Huffstutler, Volunteer Fire Department, and the court discussed mutual aid and the funding of the volunteer fire departments within an ESD.

Damon Beierle, Commissioner Precinct 2, discussed tying radio fees into the mutual aid agreement. 

Jim Luther, Commissioner Precinct 1, suggested setting up an emergency fund for volunteer fire departments and establishing qualifying conditions to receive these funds.
 
Item #15:
FY 2020 Indigent Defense Improvement Grant
The court discussed the approval to sign resolution for the FY 2020 Indigent Defense Improvement Grant Program from Texas Indigent Defense Commission.  This grant is to purchase Microsoft Surface pros and accessories to be utilized by the jail for magistrate and mental health services.  Licenses with VIDEOMAGISTRATE.COM to have the ability to record and store video conferencing recordings.  This grant also will purchase and implement TechSare software to help maintain quality and cost-effective indigent defense system.

Kirk Noaker, Magistrate, explained video magistration to the court

Judge Noaker eliminated techshare as part of the proposal.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery the approval to sign resolution for the FY 2020 Indigent Defense Improvement Grant Program from Texas Indigent Defense Commission. This grant is to purchase Microsoft Surface pros and accessories to be utilized by the jail for magistrate and mental health services. Licenses with VIDEOMAGISTRATE.COM to have the ability to record and store video conferencing recordings.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Regional Public Defender
The court discussed taking action on the Regional Public Defender for Capital Cases (RPDO) Program.

Judge Kirk Noaker addressed the court concerning participation in the Regional Public Defender for Capital Cases Program.

The court took no action.
 
Item #16:
Delinquent Tax Sale
The court discussed regarding a resolution providing for the sale of property acquired by the Burnet Central Appraisal District at Delinquent Tax Sale: Lots 444 & 445, Sherwood Shores Sec. IV, Sherwood Shores, City of Granite Shoals, Burnet County, Texas;  Account #39756 (2018 Assessed Value - $95,472.00.
 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a resolution providing for the sale of property acquired by the Burnet Central Appraisal District at Delinquent Tax Sale: Lots 444 & 445, Sherwood Shores Sec. IV, Sherwood Shores, City of Granite Shoals, Burnet County, Texas; Account #39756 (2018 Assessed Value - $95,472.00.

Vote: 5 - 0 Passed - Unanimously

 
The court recessed for 5 minutes
 
The court reconvened at 10:40 am with all members present.
 
Item #6:
Commissary Services Contract Award
The court discussed recommendations for Commissary Services contract award.

James Oakley, County Judge, reported the court takes no action on this. 

Calvin Boyd, County Sheriff, recommends the award is to Aramark.
 
Item #7:
Vetride Volunteer Driver
The court discussed the approval of a new volunteer driver, Mitch Vanhorn for Vetrides.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a new volunteer driver, Mitch Vanhorn for Vetrides.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #8:
Deferred Compensation Plan
The court discussed updating options for Deferred Compensation Plan available through Nationwide Retirement Solutions.

Sara Ann Luther, Human Resource Director, explained the current plan and recommended the court to choose option 3 B to allow current employees grandfathered in to keep their guaranteed fixed assets.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve option 3 B for Deferred Compensation Plan available through Nationwide Retirement Solutions.

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Optional Employee Benefits
The court discussed optional employee benefits.

Sara Ann Luther, Human Resource Director, requested to add American Fidelity for optional life insurance for the county.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve adding American Fidelity for optional life insurance for the county.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Personnel Policies
The court discussed updating the Burnet County Personnel Policies.

Sara Ann Luther, Human Resource Director, requested that effective 10/01/2019, Burnet County will not reimburse employees for use of a personal cellular device.  Burnet County employees to whom cell phones are issued may be required to keep location services enabled.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle issued that Burnet County will not reimburse employees for use of a personal cellular device.

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
2019-20 TAC Health & Employee Benefits
The court discussed the approval of the 2019-20 TAC Health and Employee Benefits Pool Renewal as well as the retirement plan, and health and dental.

Sara Ann Luther, Human Resource Director, recommended for the court to approve the 2019-20 TAC Health and Employee Benefits Pool Renewals as submitted.  The Health insurance reduce by 1% and the Dental increase by 4%.  Mrs. Luther recommends the county continues with Metlife for vision.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the 2019-20 TAC Health and Employee Benefits Pool Renewal as well as the retirment plan, and health and dental.

Vote: 5 - 0 Passed - Unanimously

 
Item #26:
Department Update
Sara Ann Luther, Human Resource Director, reported to the court that the county could become a YMCA corporate account, at no additional cost to the county.  This will give county employees a reduced monthly cost and no membership fees.  Karin Smith, County Auditor, stated if there was no contract, this would not require an approval thru Commissioner Court.
 
Item #10:
Technology Fund Purchase
The court discussed the approval to purchase from the County Clerk Technology Fund a monitor stand and extension cord in the amount of $200.00.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the to purchase from the County Clerk Technology Fund a monitor stand and extension cord in the amount of $200.00.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Variance Burnet County Subdivision Regulations by Rex Bohls
No action taken.

This item will be placed on the next agenda.
 
Item #18:
7 Creeks Ranch Subdivision, Phase 4
The court discussed the completion of road and drainage improvements for 7 Creeks Ranch Subdivision, Phase 4, and the release of $49,625 of the remaining $79,400, retaining 15% ($29,775) of Cash Bond #18-6-12 for a 2 year period from this date to provide the bonding for maintenance.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the completion of road and drainage improvements for 7 Creeks Ranch Subdivision, Phase 4, and the release of $49,625 of the remaining $79,400, retaining 15% ($29,775) of Cash Bond #18-6-12 for a 2 year period from this date to provide the bonding for maintenance.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
7 Creeks Ranch Subdivision, Phase 5
The court discussed the release of 60% ($172,890) of Cash Bond #18-12-11 for road and drainage improvements for 7 Creeks Ranch Subdivision, Phase 5, based on a percent completion letter from William H. Engineering.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the release of 60% ($172,890) of Cash Bond #18-12-11 for road and drainage improvements for 7 Creeks Ranch Subdivision, Phase 5, based on a percent completion letter from William H. Engineering.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
7 Creeks Ranch Subdivision, Phase 6
The court discussed the release of 30% ($81,414) of Cash Bond #19-5-29 for road and drainage improvements for 7 Creeks Ranch Subdivision, Phase 6, based on a percent completion letter from William H. Engineering.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the release of 30% ($81,414) of Cash Bond #19-5-29 for road and drainage improvements for 7 Creeks Ranch Subdivision, Phase 6, based on a percent completion letter from William H. Engineering.

Vote: 5 - 0 Passed - Unanimously

 
Item #21
ProDirt for CR 120 Project
The court discussed the approval to release retainage for ProDirt for CR 120 project.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to release the retainage for ProDirt for CR 120 project.

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
Executive Session
No action taken
 
Item #24:
Reconvene in Open Session
No action taken
 
Item #25:
Discussion in Executive Session
No action taken
 
Item #26:
Department Updates
 Karrie Crownover, County Treasurer, gave the treasurer report for May 2019.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall  to approve the treasurer's report for May 2019.

Vote: 5 - 0 Passed - Unanimously

Andi Ball, Tourism Director, reported the Burnet County Rodeo has submitted their Post Funding Report required by the Burnt County Tourism Event Sponsorship procedures and by doing so have concluded their responsibility.  The Rodeo was funded $800.00.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a Post Funding Report from the Burnet County Rodeo.

Vote: 5 - 0 Passed - Unanimously

Andi Ball, Tourism Director, requested a Website Publication Push in the Burnet Bulletin's July 4th Special Edition in the amount of $500.00.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Website Publication Push in the Burnet Bulletin's July 4th Special Edition in the amount of $500.00.

Vote: 5 - 0 Passed - Unanimously

 
Item #27:
Acknowledgment of Receipt
The court received the MIS Monthly Summary October 2018- April 2019.
Attachments:
 
Item #28:
Contracts
The court discussed contracts, agreements or grants to be approved and/or ratified:
       
               a. Approve amendment to Tyler Tech Odyssey contract

                b. Approve Change Order for CR 322 & 330 Water Crossing project
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve amendment to the Tyler Tech Odyssey contract and Change Order for CR 322 & 330 Water Crossing project.

Vote: 5 - 0 Passed - Unanimously

 
Item #29:
Bids
The court discussed Bids/Requests for Proposals/Qualifications.  Discussion and/or action on bid/RFP openings or submitted bids.  (Oakley)
 
  1. Discuss authorization to advertise for bids on Cr 210, 219, & 266 construction project
Karin Smith, County Auditor, requested a RFP for a water maintenance system at the jail.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve to advertise for bids on CR 210, 219, & 266 construction project and to call for RFP for a water maintenance system at the jail.

Vote: 5 - 0 Passed - Unanimously

 
Item #30:
Consent Agenda
The Court discussed the Consent Agenda

Karin Smith, County Auditor, requested to remove the Marble Falls Library and non departmental line item transfers for consideration.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the Consent Agenda with the exception of the line item transfers for the Marble Falls Library and non departmental by the court.

Vote: 5 - 0 Passed - Unanimously

 
Item #31:
Previous Agenda Item
No action
 
Item #32:
Calendar Review
No action
 
Item #22:
FY 2020 Budget
The court discussed items related to the FY 2020 Burnet County Budget.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to remove City of Burnet Fire Department from area fire department funding.

Vote: 5 - 0 Passed - Unanimously

 
Item #33:
Adjournment
James Oakley, County Judge, adjourned the meeting at 12:10 pm