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Minutes for Regular Session

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The State of Texas {}
County of Burnet   {}      On this the 12th day of November 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; Karin Smith, 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 November 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 concerning the disposition of a small remnant parcel of property between the Historic Jail and The Presbyterian Church. Parcel is 14.7’ X 52’ totaling 765 sq. ft. (.0176 acres ) (Oakley)

5. Discussion and/or action regarding the approval of a bond for Roxanne Nelson, Justice of the Peace, Pct. #1 (Parker)

6. Discussion and/or action regarding the approval to accept a grant from the Office of the Governor, Criminal Justice Division FY 20 Violence Against Women Justice and Training Program for Sex Offender Registry Investigator (Oakley/Boyd/Auditor)

7. Discussion and/or action to apply for a grant and sign resolution for FY 20/21 Capital Area Council of Governments Solid Waste Grant. Our intent will be to purchase specialized building for storage of combustible materials prior to recycling and equipment that will allow the Recycle and Reuse the ability to be open to collect recyclable items as well as combustible materials (Dockery/Oakley/Smith)

8. Discussion and/or action regarding the acceptance of a $200 gift card donation from Momar, Inc. for the Pct. 4 Thanksgiving Lunch (Dockery)

9. Discussion and/or action regarding the Affordable Care Act Look back period (S. Luther)

10. Discussion and/or action regarding the Replat of Lots 30 – 35, Council Creek south, Unit 2, to be known as Lot 30A, Council Creek South, Unit 2 (Luther)

11. Discussion and/or action regarding the acceptance of Subdivision Maintenance Bond for Bertram Creekside Ranches (Beierle)

12. Discussion and/or action regarding the approval of Change Order (#2) from Pro Dirt Services CR. 210, 219, 266, and pay item CR 219 Paving, Revise Quantity of removing structures (pipe) and flexible base (Beierle)

13. Discussion and/or action concerning accepting Surplus/Salvage materials from Lauren Concrete (Luther)

14. Discussion and/or action to allow entering onto the private property of the Jones Family along Co. Rd. 116 to remove dead trees that is affecting the Right of Way (Luther)

15. Discussion and/or action regarding the burn ban in the unincorporated areas of Burnet County (Oakley)

16. Discussion and/or action regarding the approval of a Joint Resolution of the Tuesday, March 3, 2020 Primary Election

17. Discussion and/or action regarding the acceptance of response time reports from the Burnet Fire Dept. for September and October (Oakley/K. Smith)

18. Discussion and/or action regarding the Reimbursement Resolutions for (2) 2019 Ford F-250’s for RB2 (K. Smith)

19. 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).

20. Reconvene in Open Session. (Oakley)

21. 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)

22. Discussion and/or action regarding Department Updates: (Oakley)

23. Acknowledgement of Receipt: (Oakley)

24. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
  1. Weisner Media for advertising
  2. Bostic Co.
  3. Worley’s Tree Service
  4. Vetride Drivers
  5. Agreement with IHS for software licensing for IHC
  6. Ratify contract labor agreement with Langley on Co. Rd 274
  7. Interlocal agreement between Burnet County and City of Highland Haven

25. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)

26. 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.
27. Discussion regarding any previous agenda items.

28. Calendar Review.

29. Adjournment.



James Oakley, Burnet County Judge


Reviewed by: Eddie Arredondo, County Attorney


 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 10:05 am
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Jack Butler, Burnet Presbyterian Church, gave the invocation.  The Court led the pledges to the U.S. and Texas flags.
 
Item #3:
Comments
There were no comments from the Public.
 
Item #16:
March 3, 2020 Primary Election
The court discussed the approval of a Joint Resolution of the Tuesday, March 3, 2020 Primary Election.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a joint resolution of the Tuesday, March 3, 2020 Primary Election.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #22:
Department Updates
Doug Ferguson, Elections Administrator, discussed the new polling location at the Burnet County Agrilife Extension Auditorium.  Mr. Ferguson stated being this was the first time using the new location, feedback was noted and adjustments would be made for future elections.
 
Item #11:
Subdivision Maintenance Bond for
Bertram Creekside Ranches
The court discussed the acceptance of the Subdivision Maintenance Bond for Bertram Creekside Ranches.  Herb Darling, Burnet County Development Services, stated Commissioner Beierle has reviewed the completed work.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the release of the Subdivision Maintenance Bond in the amount of $27,750 for Bertram Creekside Ranches.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #4:
765 Sq. Ft. Parcel of Property between
Historic Jail and Burnet Presbyterian Church
The court discussed the disposition of a small remnant parcel of property between the Historic Jail and The Presbyterian Church.  The parcel is 14.7’ X 52’ totaling 765 sq. ft.(.0176 acres)  Jack Butler, with the Burnet Presbyterian Church, spoke on the church's behalf.  The survey determined the area needed for expansion of the fellowship hall belongs to Burnet County.  Eddie Arredondo, County Attorney, will research whether the property is to be sold or donated to the Church. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to move forward with the disposition for the County to release the property to the Burnet Presbyterian Church.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #9:
Affordable Care Act
Look Back Period
The court discussed the Affordable Care Act Look Back period.  Sara Ann Luther, Human Resources Director, spoke to the court regarding documenting the look back period for employees eligible for Health Insurance being set at one year.  
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Affordable Care Act look back period as one year.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Bond for Justice of the Peace, Precinct 1
The court discussed the approval of the bond for Roxanne Nelson, Justice of the Peace, Pct. #1
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the bond for Roxanne Nelson, Justice of the Peace, Pct. #1.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Grant from the
Office of the Governor, Criminal Justice Division
The court discussed a grant from the Office of the Governor, Criminal Justice Division FY 20 Violence Against Women Justice and Training Program for Sex Offender Registry Investigator.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept a grant from the Office of the Governor, Criminal Justice Division FY 20 Violence Against Women Justice and Training Program for Sex Offender Registry Investigator.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Capital Area Council of Governments Solid Waste Grant
The court discussed taking action to apply for a grant and sign resolution for FY 20/21 Capital Area Council of Governments Solid Waste Grant.  The intent will be to purchase a specialized building for storage of combustible materials prior to recycling and equipment that will allow the Recycle and Reuse the ability to be open to collect recyclable items as well as combustible materials.
 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to apply for a grant and sign the resolution for FY 20/21 Capital Area Council of Governments Solid Waste Grant.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #8:
Donation for Precinct 4
Thanksgiving Lunch
The court discussed the acceptance of a $200 gift card donation from Momar, Inc for the Precinct 4 Thanksgiving lunch.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept the gift card donation from Momar, Inc. for the Precinct 4 Thanksgiving Lunch.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Replat
Council Creek South
Discussion and/or action regarding the Replat of Lots 30 – 35, Council Creek south, Unit 2, to be known as Lot 30A, Council Creek South, Unit 2.  Item was held as there was not a representative present to discuss. 
 
Item #12:
Change Order Pro Dirt Services
The court discussed the approval of Change Order (#2) from Pro Dirt Services CR 210, 219, 266, and pay item CR 219 Paving, Revise Quantity of removing structures (pipe) and flexible base.  Comm. Beierle reported there were minimal changes made to the original order. On CR 266, TX Dot requested the removal of two pipes, instead of the one; Minor changes were also made to the paving.  

Karin Smith, Burnet County Auditor, commented this was from the 2018 tax note with any overages from the department budget.  Once the interest is allocated, she was not expecting any overages.
 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Change Order (#2) from Pro Dirt Services CR. 210, 219, 266, and pay item CR 219 Paving, Revise Quantity of removing structures (pipe) and flexible base.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #13:
Suprlus/Salvage Materials
Lauren Concrete
The court discussed accepting Surplus/Salvage materials from Lauren Concrete.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept Surplus/Salvage materials from Lauren Concrete.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
Dead Tree Removal County Road 116
The court discussed entering onto the private property of the Jones Family along CR 116 to remove dead trees affecting the right of way, eliminating any potential hazards to the public. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the entering onto the private property of the Jones Family along CR 116 to remove the dead trees affecting the right of way.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Burn Ban in
Unincorporated Areas
of Burnet County
The court discussed the burn ban in the unincorporated areas of Burnet County.  Judge Oakley stated there is no need to ratify the prior action.  The court took no action.
Attachments:
 
Item #17:
Response Time Reports
Burnet County Fire Department
The court discussed the acceptance of response time reports from the Burnet County Fire Department for September and October.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the acceptance of response time reports from the Burnet County Fire Department for September and October.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #18:
Reimbursement Resolutions
The court discussed the Reimbursement Resolutions for (2) 2019 Ford F-250’s for RB2.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Reimbursement Resolutions for (2) 2019 Ford F-250’s for RB2.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #19:
Executive Session
The court took no action on this agenda item.
 
Item #20:
Executive Session
The court took no action on this agenda item.
 
Item #21:
Executive Session
The court took no action on this agenda item.
 
Item #22:
Department Updates
The court discussed departmental updates.

Herb Darling, Director Burnet County Development Services, stated the department remains busy; Andi Ball, Burnet County Department of Tourism, reports her department has remained busy as well.  She is currently working on the Media Tour for March 2020.  She informed the court of the upcoming advertisement in Texas Highways Spring Event Calendar.  
Attachments:
 
Item #23:
Acknowledgement of Receipt
The court discussed receipt of a letter from the Texas Department of Emergency Management, U.S. Secretary of Agriculture.  Burnet County has been designated as eligible for low interest emergency disaster loans based on the drought occurring October 1, 2019. 

The court received a letter from FEMA, which issued new or revised Flood Insurance Rate Map (FIRM) panels with the community.
Attachments:
 
Item #24:
Contracts, Agreements or Grants
to be Approved and/or Ratified
The court discussed the contracts with Wesner Media for advertising; Bostic Co.; Worley's Tree Service; Vetride Drivers; Agreement with IHS for software licensing for IHC; Ratify contract labor agreement with Langley Construction on CR 274; and Interlocal agreement between Burnet County and the City of Highland Haven.
 

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

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #25:
Bids
Request for Proposals/ Qualifications
The court took no action.
 
Item #26:
Consent Agenda
The court discussed approval of the consent agenda.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the consent agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #27:
Previous Agenda Items
Judge Oakley updated the court regarding the .7 acres at the North Annex.  Judge Oakley spoke with adjacent property owner regarding the survey. The survey completion was delayed.  The report was returned from the appraiser with the valuation being what was anticipated.  Eddie Arredondo, Burnet County Attorney, will investigate the opportunity for a lease with the right to purchase after the survey has been completed.  

Comm. Dockery updated the court regarding evaluations of weight limits on CR 120 and CR 403, with the boring or core samples taking place next week.  These are the first test cases for Burnet County to ensure completion is to TX Dot standards.  If successful, it will be utilized in other areas.
 
Item #10
Replat
Council Creek South
Item previously held.  A representative was not present to speak regarding the replat of Lots 30-35, Council Creek South, Unit 2.

The court took no action.
 
Item #28:
Calendar Review
The court discussed calendar review.
 
Item #29:
Adjournment
There was no further business to discuss.  Judge Oakley adjourned the meeting at 11:15 am.