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Minutes for Regular Session

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The State of Texas {}
County of Burnet   {}      On this the 22nd day of October 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; Karin Smith, County Auditor; Karrie Crownover, Treasurer
 
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 October 22, 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. Acknowledgement of the receipt of donations from Titan Trucking, Foxworth Galbraith, Hobbs Tire, and Beta Technology for Precinct 4’s Thanksgiving Lunch (Dockery)

5. Discussion and/or action on the reclassification of SO Victim Liaison position (S. Luther)

6. Discussion and/or action for the installation of 4 cameras to provide security to the Justice of the Peace, Pct. 1 offices located in the basement of the Courthouse. To be paid out of JP 1 Technology fund in the amount of $2,871.24 (Nelson)

7. Discussion and/or action regarding approval to sell 3.5 gallon buckets of recycled paint collected at BOPATE event for $5.00/bucket. Empty bucket with lid cost to county: $3.85 each (Dockery)

8. Discussion and/or action for the approval of a Change order from Pro Dirt Services for County Roads 210, 219, and 266 (Beierle)

9. Discussion and/or action for the approval to grant $13,982.51 with the Office of the Governor – Homeland Security Grants Division for FY 2019 for Burnet County – Citizen Corp Program (Oakley/Barho)

10. Discussion and/or action for the approval to accept grant for $114,337 from the Office of the Governor, Criminal Justice Division (CJD) FY 20-21 General Victim Assistance Program for Victim Liaison Coordinator. This is a two FY grant (Oakley/Boyd)

11. Discussion and/or action regarding the purchase of a water management system for the Jail (Smith/Kimbler)

12. Discussion and/or action concerning the release of Subdivision Improvements Performance Bond numbers CNB-32251-00 and CNB-34149-00, totaling $454,410 for Cloudwood Ranch, Phases 1 and 2 and replacing them with a Maintenance Bond in the amount of $68,161.50 for a period of 2 years from today’s date (Beierle)

13. Discussion and/or action regarding a variance request from the Burnet County Subdivision Regulations from Dale Hill for a 3 acre tract out of 83.54 acre tract identified as BCAD parcel number 68578 (Beierle)

14. Discussion and/or action in regards to moving our regularly scheduled Commissioner’s Court meeting on December 24, 2019 (Oakley)

15. Discussion and/or action regarding a Replat of Lots 325-A, 327, 328 and 0.23 acres, Windermere Oaks, Chesstershie Sec., to be known as Lot 325-B, Windermere Oaks, Chestershire Sec. (Dockery)

16. 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).

17. Reconvene in Open Session. (Oakley)

18. 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)

19. Discussion and/or action regarding Department Updates: (Oakley)
a. Treasurer’s Report September and Qtrly. Investment Report

20. Acknowledgement of Receipt: (Oakley)

21. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
(Oakley)
  1. Engineering services with KC Engineering to establish load limits on CR 120 in compliance with state and TxDOT standards. Expenses out of Pct. 1 professional services
  2. Contract Labor agreement with Performance Float/Shawn Kelley for excavation work on CR 200A
  3. Contract Labor agreement with Langley Construction for work on CR’s in Pct. 2
  4. Inerlocal Cooperation contract with the City of Burnet for support for the Herman Brown Library
  5. Hill Country Humane Society Contract
  6. Contract Labor agreement with Enigma Services for the repair of guardrails on CR 404
  7. Amendment to the Contract for Emergency Medical Services with Marble Falls Area EMS
  8. Amendment to Interlocal Agreement with UTMB for inmate medical services. Amendment extends term for on month
  9. Contract Labor agreement with DIJ Construction for striping of CR 426
  10. Interlocal Agreements for library support with the City of Marble Falls and the City of Bertram

22. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)
  1. Quotes for headwalls on CR’s in Pct. 2
  2. Quotes for Pest Control Services from Circle S and Lawrie’s Pest Services
23. 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:
  1. Consideration and approval of any pending personnel issues within the policy.
  2. Payroll approval/Personnel Action Form Approval
  3. Consideration and approval concerning budget amendments.
  4. Consideration and approval concerning budget line item transfers.
  5. Consideration and authorization of payment of claims previously approved by the County Auditor.
  6. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
  7. Consideration and approval regarding Departmental equipment requests and/or property transfers.
  8. Correspondence.

24. Discussion regarding any previous agenda items.

25. Calendar Review.

26. 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
Judge Oakley called the meeting to order at 9:03 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Comm. Dockery gave the invocation.  The court led the pledges to the U.S. and Texas flags.
 
Item #3:
Comments
Comm. Dockery reported the Texas Forest Service will begin demobilizing their site at the Marble Falls Rodeo Facility.  He expressed gratitude for the partnership between Burnet County and the Forest Services, stating they are welcome to return.  The nearest Texas Forest Service will now be in Fredericksburg. 

There were no comments from the Public.
 
Item #21:
Contracts, Agreements or Grants
to be Approved and/or Ratified
h. The court discussed the amendment to Interlocal Agreement with UTMB for inmate medical services.  Amendment extends term for one month.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the amendment to Interlocal Agreement with UTMB for inmate medical services to extend term for an additional month to December 15, 2019.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #9:
Homeland Security Grants
Division for FY 2019
The court discussed approval to grant $13, 982.51 with the Office of the Governor- Homeland Security Grants Division for FY 2019 for Burnet County - Citizen Corp Program.

Jim Barho, EOC from the Office of Emergency Management, reported having applied for this grant last year.   The funds from this grant will allow them to restock and reissue equipment to existing CERTS members.  They will also be able to purchase additional equipment.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. for approval to grant $13,982.51 with the Office of the Governor- Homeland Security Grants Division for FY 2019 for Burnet County - Citizen Corp Program.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Department Updates
The court discussed department updates.

Karrie Crownover, County Treasurer, presented the Treasurer's Report for September and the Qtrly. Investment Report.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to accept the Treasurer's report for September and Quarterly Investment report.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #6:
Security Cameras for the offices
of Judge Nelson, JP Precinct 1
The court discussed the installation of 4 cameras to provide security to the Justice of the Peace, Pct. 1 offices located in the basement of the Courthouse.  To be paid out of JP 1 Technology fund in the amount of $2,871.24.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the installation of 4 cameras to provide security to the Justice of the Peace, Pct. 1 offices located in the basement of the Courthouse. To be paid out of JP 1 Technology fund in the amount of $2,871.24.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #11:
Water Management System for
the Burnet County Jail
The court discussed the purchase of a water management system to reduce costs by regulating and limiting water usage.  The cost of this system would be $165,000.00.  There are additional maintenance issues the court wishes to address before moving forward with the water management system.

Matt Kimbler, Captain, reported on other maintenance issues which need to be addressed.  The washers and dryers will need to be replaced soon.  Also, maintenance is required in all 88 showers.  The shower pan and resin issue had been previously addressed, however those repairs are beginning to deteriorate. This a Jail Standards compliance issue which was noted, but not cited in a previous audit.  Options for future action will be discussed between Judge Oakley, Sheriff Boyd and Chief Kimbler.

The court took no action.
 
Item #5:
Reclassification of
SO Victim Liaison
The court discussed the reclassification of the SO Victim Liaison position.  Sara Ann Luther, Human Resources Director, reported on the changing of the classification.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the SO Victim Liaison from pay group 58 to 60.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #19:
Department Updates
The court discussed additional Departmental Updates.  

Matt Kimbler, Captain, reported things are going smoothly at the jail except for the few issues associated with the building going into its 11th year of being operational.
 
Item #4:
Donations Received
Precinct 4
Thanksgiving Lunch
The court acknowledged the receipt of donations from Titan Trucking, Foxworth Galbraith, Hobbs Tire, and Beta Technology for Precinct 4 Thanksgiving Lunch.  Comm. Dockery expressed gratitude for these donations. 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to accept donations from Titan Trucking, Foxworth Galbraith, Hobbs Tire and Beta Technology for Precinct 4 Thanksgiving Lunch.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #7:
BOPATE Event
The court discussed approval to sell 3.5 gallon buckets of recycled paint collected at BOPATE event for $5.00 per bucket.  Empty bucket with lid cost to county: $3.85 each.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the sale of 3.5 gallon buckets of recycled paint collected at BOPATE event for $5.00 per bucket.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #19:
Department Updates
Judge Oakley updated the court on the BOPATE event, expressing excitement of having a permanent facility to hold this event.  The county will be applying for a grant from the Solid Waste Advisory committee for supplemental assets to complete the facility.

Herb Darling, Director Burnet County Development Services, voiced concerns regarding the transfer station and how this may impact public use of the facility and encourage illegal dumping.  Judge Oakley asked to set up a vendor review for transfer station.  
 
Item #8:
Change Order
Pro Dirt Services
The court discussed approval of a Change order from Pro Dirt Services for County Roads 210, 219, and 266.  Comm. Beierle discussed the need to add overlay to a part of CR 266 where there is heavy truck traffic and changes to the concrete on CR 219.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Change Order from Pro Dirt Services for County Roads 210, 219, and 266.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #12:
Maintenance Bond
Cloudwood Ranch
The court discussed the release of Subdivision Improvements Performance Bond numbers CNB-32251-00 and CNB-34149-00, totaling $454,410 for Cloudwood Ranch, Phases 1 and 2 and replacing them with a Maintenance Bond in the amount of $68,161.50 for a period of 2 years from today’s date.  Herb Darling, Director Burnet County Development Services, stated Mr. Calhoun, with Cloudwood Ranch, had an issue getting the Bond to him.  Mr. Darling asked the court to approve the Maintenance Bond and hold Comm. Beierle's signature on the Performance Bonds release until it is in his possession.  

Comm. Luther is absent from meeting.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve release of Subdivision Improvements Performance Bond numbers CNB-32251-00 and CNB-34149-00, totaling $454,410 for Cloudwood Ranch, Phases 1 and 2 and replacing them with a Maintenance Bond in the amount of $68,161.50 for a period of 2 years from today’s date. Comm. Luther was absent from this vote.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 1 Jim Luther, Jr. (Absent)
Attachments:
 
Item #10:
Grant
Victim Liaison Coordinator
The court discussed approval to accept a grant for $114,337 from the Office of the Governor, Criminal Justice Division (CJD) FY 20-21 General Victim Assistance Program for Victim Liaison Coordinator.  This is a two FY grant.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle for approval to accept a grant for $114,337 from the Office of the Governor, Criminal Justice Division (CJD) FY 20-21 General Victim Assistance Program for Victim Liaison Coordinator. This is a two FY grant.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 1 Jim Luther, Jr. (Absent)
 
Item #13:
Variance Request
Burnet County Subdivision Regulations
Comm. Luther is present in court.

The court discussed a variance request from the Burnet County Subdivision Regulations from Dale Hill for a 3 acre tract out of 83.54 acre tract identified as BCAD parcel number 68578.  Judge Oakley inquired if there is a prescribed easement for the additional acreage.  Herb Darling, Director Burnet County Development Services, was to follow up with the court with his findings.
Attachments:
 
Item #14:
Commissioners Court Date
December 24, 2019
The court discussed moving the regularly scheduled Commissioner’s Court meeting on December 24, 2019.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to move the December 24, 2019 meeting to Thursday, December 19, 2019 at 9:00 AM, as the County Offices will be closed in observance of the Christmas Holiday.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Executive Session
The court took no action of this agenda item.
 
Item #17:
Executive Session
The court took no action on this agenda item.
 
Item #18:
Executive Session
The court took no action on this agenda item.
 
Item #20:
Acknowledgement of Receipt
The court discussed the receipt of a letter from The Texas Division of Emergency Management (TDEM).  Judge Oakley submitted to the record a letter stating Burnet County is eligible to apply for low-interest emergency disaster loans based on damages and losses caused by drought occurring September 10, 2019 and continuing.

There were no other items presented.
Attachments:
 
Item # 22:
Bids
Request for Proposals/ Qualifications
The court discussed Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.

The first item was quotes for headwalls on CR’s in Pct. 2.  Quotes were submitted to the court from Wingman Construction, LLC, Langley Construction Group, Inc. and Pro Dirt Services, LLC.  

The second item was quotes for Pest Control Services from Circle S and Lawrie’s Pest Services.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to accept and approve the quote from Langley Homes for headwalls on CR 210, 212, 213, and 252 for $21,100.00. The funds for this project are to be taken from the operational budget.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to accept and approve the quote for Pest Control Services from Circle S Pest Control.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #21
Contracts, Agreements or Grants
to be Approved and/or Ratified
The court discussed Engineering services with KC Engineering to establish load limits on CR 120 in compliance with state and TxDOT standards.  Expenses out of Pct. 1 professional services;  Contract Labor agreement with Performance Float/Shawn Kelley for excavation work on CR 200A; Contract Labor agreement with Langley Construction for work on CR’s in Pct. 2; Interlocal Cooperation contract with the City of Burnet for support for the Herman Brown Library; Hill Country Humane Society Contract; Contract Labor agreement with Enigma Services for the repair of guardrails on CR 404; Amendment to the Contract for Emergency Medical Services with Marble Falls Area EMS; Contract Labor agreement with DIJ Construction for striping of CR 426; and Interlocal Agreements for library support with the City of Marble Falls and the City of Bertram.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve contracts and agreements items a-g, i, and j as presented; not including item h.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #23:
Consent Agenda
The court discussed approval of the consent agenda.  Comm. Luther, spoke regarding the Property transfer for Road & Bridge, Precinct 1.  This item has been postponed for further review. 

Judge Oakley addressed item c. Consideration and Approval concerning budget amendments.  After receiving estimates for improvements to the new parking bay to house the Regional Emergency Response Trailer, Judge Oakley asked to raise the amount of expenditure from $25,000.00 to $30,000.00 from the Capital Reserve Funds.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the consent agenda with the exclusion of item g. property transfer from R&B, Precinct 1.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve increasing the amount of expenditure from $25,000.00 to $30,000 from the Capital Reserve Funds for improvements to the parking bay.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #24:
Previous Agenda Items
The court took no action at this time.
 
Item #25:
Calendar Review
The court discussed calendar review.
 
Item #15:
Replat
Windermere Oaks
The court discussed approval of the Replat of Lots 325-A, 327, 328 and 0.23 acres, Windermere Oaks. Chestershire Sec., to be known as Lot 325-B, Windermere Oaks, Chestershire Sec.

No action taken.
 
Item #13:
Variance Request
Burnet County Sudivision
The court discussed a variance request from the Burnet County Subdivision Regulations from Dale Hill for a 3 acre tract out of 83.54 acre tract identified as BCAD parcel number 68578.  Herb Darling, Director Burnet County Development Services, returned with information showing a recorded easement allowing access to the remaining acres.  Comm. Beierle stated the sale of the 3 acres would be allowed this one time.  Any future requests would need additional modifications to the access.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve a variance request from the Burnet County Subdivision Regulations from Dale Hill for a 3 acre tract out of 83.54 acre tract identified as BCAD parcel number 68578.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to amend the motion to include no additional subdividing of this property. Any future requests would require additional modifications to the access.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #19:
Department Updates
Judge Oakley discussed the new inmate medical vendor, Turn Key.  

The court took no action at this time.
 
Item #26 :
Adjournment
There was no further business to discuss.  Judge Oakley adjourned the meeting at 10:10 am.