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Minutes for Regular Session

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The State of Texas {}
County of Burnet   {}      On this the 14th day of February 2020, 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; Carole Poppema, Assistant County Auditor; Karin Smith, County Auditor
 
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: Friday, February 14, 2020 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 regarding presentation by The Texas Property Assembled Clean Energy Authority “PACE”, a nonprofit business association regarding the possible adoption of the Resolution of Intent for PACE Program as allowed by Texas Local Govt. Code Chapter 399 (Oakley/Arredondo)

5. Discussion and/or action regarding using County Records Management funds to purchase 3 scanners for the Auditor’s office at a cost of $585.38 each for a total of $1,756.14 (Smith)

6. Discussion and/or action to accept a donation to Burnet County Constable Pct. 2, from Palo Pinto County for a Laser Technology, Inc., TruSpeed Lidar (Adams)

7. Discussion and/or action for approval for VETRIDE to apply for the Burnet Rotary Club charitable contribution grant for $1,000.00 (Oakley/S. McCoy/Smith)

8. Discussion and/or action for approval to apply for grant from U.S. Economic Development Administration for a Burnet County Expo Center/Emergency Shelter Facility. 20% required Match which can include in-kind eligible project costs including land. Eligible activities relate to Disaster Recovery, Economic Recovery, Strategic Planning and Public Works Construction and must improve a community’s resilience in future disasters (Oakley/Smith)

9. Discussion and/or action for approval to apply for grant from Wink to Webster Pipeline Good Neighbor Grants for first responders and emergency management (Oakley/Smith)

10. Discussion and/or action for approval to apply and sign the resolution for the 33rd and 424th District Attorney Investigator for FY2021 Criminal Justice Program grant from the Office of the Governor, Public Safety Office, Criminal Justice Division (Oakley/McAfee/Smith)

11. Discussion and/or action for approval to apply and sign the resolution for the 3rd and final year of the First Environmental Deputy for FY2021 Criminal Justice Program grant from the Office of the Governor, Public Safety Office, Criminal Justice Division (Oakley/Smith)

12. Discussion and/or action for approval to apply and sign the resolution for the 2nd year of the Second Environmental Deputy for FY2021 Criminal Justice Program grant from the Office of the Governor, Public Safety Office, Criminal Justice Division (Oakley/Smith)

13. Discussion and/or action the plat to form Lots 16, 8, and 20-23, of The Ranch on Lake LBJ, Phase One to be known as The Ranch on Lake LBJ, Phase One, Plat No. 1.10, 2.03 acres out of the W.B. Wainscott Svy. No. 29, Abst. No. 949 (Luther)

14. Discussion and/or action for the Replat of the east half of Lot 14, and a west portion of Lot 15, Campa Pajama, as shown on Plat recorded in Vol. 106, Page 212 (Luther)

15. Discussion and/or action for the Replat of Lots 26 & 27, The Ranches at Blackbuck Ridge, Sec. 1, as shown on Plat recorded in Doc. 201710001 (Luther)

16. Discussion and/or action concerning amending the Final Plat for Cloudwood Ranch, Phase 1, pursuant to 232.011 (2) of the Texas Local government Code, to add a course or distance that was omitted on the original plat (Beierle)

17. Discussion and/or action concerning a variance request from the Burnet County Subdivision Regulations Regot Holdings, LLC, for a 4.07 acre tract of land out of the Samuel Bingham Svy., Abst. 86, located near 5326 CR 330 (Wall)

18. Discussion and/or action concerning the Preliminary Plat approval of Spicewood Business Park, a public subdivision consisting of 6 lots on 7.30 acres, located at 601 Spur 191 (Dockery)

19. Discussion and/or action regarding the resignation of Ed Schaeffer and the appointments of Robbie Cheatham and Donna Kiley to ESD 2 (Luther)

20. 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).

21. Reconvene in Open Session. (Oakley)

22. 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)

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

24. Acknowledgement of Receipt: (Oakley)
a. MIS Summary for Oct. 2019 – Dec. 2019
b. TCEQ Notice

25. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
  1. Vending Machine Services
  2. Inter-Local Agreement with the City of Granite Shoals for road maintenance on Public Streets
  3. Northland Business to increase bandwidth
  4. Independent Contractor Agreements for 2 new Vetride drivers
  5. 4/S Enterprises for construction of a metal structure for R&B Pct. 1
  6. 2020 Agreement with Central Texas Water Coalition

26. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)
  1. County Engineering Services
27. 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.

28. Discussion regarding any previous agenda items.

29. Calendar Review.

30. 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 9:00 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Commissioner Beierle gave the invocation.  The court led the pledges to the U.S. and Texas flags.
 
Item #3:
Public Comments
Bill Weaver, Hill Country Area Crime Stoppers, thanked the court for their continued support.  He reported the signage project in Burnet County is going well. Anyone needing additional signs may contact them.  On April 17, 2020, the 24th Annual Susan C. Cranford Memorial Hill Country Community Justice Golf Tournament will be held at Delaware Springs.  This event benefits the Hill Country Area Crime Stoppers.  Mr. Weaver inquired if there is an office space available for the Hill Country Area Crime Stoppers to use in one of the public service buildings.  Judge Oakley offered the use of an available room, until the space is needed, if there was no objection from the other the Commissioners.  There were no objections.  
Attachments:
 
Item #4:
Texas Property Assessed
Clean Energy Authority
The court discussed the presentation by The Texas Property Assembled Clean Energy Authority (PACE), a nonprofit business association regarding the possible adoption of the Resolution of Intent for PACE Program as allowed by Texas Local Govt. Code Chapter 399.  Cheryl Heydinger, President of Texas PACE Authority, presented in detail what the program would offer.  The County Commissioners Court will hold a public hearing on the proposed PACE program on February 25, 2020 at 9:00 a.m. in the County Commissioners Courtroom, Burnet County Courthouse, 2nd floor, 220 S. Pierce Street, Burnet, Texas.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the Resolution of Intent for the PACE program by The Texas Property Assessed Clean Energy Authority, providing for the adoption date anticipated to be February 25, 2020.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #6
Donation to Constable Pct. 2
From Palo Pinto County
The court discussed accepting a donation to Burnet County Constable Pct. 2, from Palo Pinto County for a Laser Technology, Inc., TruSpeed Lidar.  Constable Garry Adams, Precinct 2, explained this item had not been certified since 2017.  The cost to have the item certified would be $40.00, which is available from the Precinct 2 budget.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the donation for a Laser Technology Inc., TrueSpeed Lidar from Palo Pinto County.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Plat
The Ranch on
Lake LBJ, Phase One
The court discussed the plat to form Lots 16, 8, and 20-23, of The Ranch on Lake LBJ, Phase One to be known as The Ranch on Lake LBJ, Phase One, Plat No. 1.10, 2.03 acres out of the W.B. Wainscott Svy. No. 29, Abst. No. 949.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the final plat to form Lots 16, 8, and 20-23, of The Ranch on Lake LBJ, Phase One to be known as The Ranch on Lake LBJ, Phase One, Plat No. 1.10, 2.03 acres out of the W.B. Wainscott Svy. No. 29, Abst. No. 949.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Preliminary Plat
Spicewood Business Park
The court discussed the Preliminary Plat approval of Spicewood Business Park, a public subdivision consisting of 6 lots on 7.30 acres, located at 601 Spur 191.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Preliminary Plat of Spicewood Business Park, a public subdivision consisting of 6 lots on 7.30 acres, located at 601 Spur 191.

Vote: 5 - 0 Passed - Unanimously

 
Item # 14:
Replat
Campa Pajama
The court discussed the replat of the east half of Lot 14, and a west portion of Lot 15, Campa Pajama, as shown on Plat recorded in Vol. 106, Page 212.  Robert Neal Miley, owner of Lot 13A, had concerns regarding the replat affecting the entry onto his property.

The court took no action.
Attachments:
 
Item #15:
Replat
The Ranches at
Blackbuck Ridge
The court discussed the Replat of Lots 26 & 27, The Ranches at Blackbuck Ridge, Sec. 1, as shown on Plat recorded in Doc. 201710001.  
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Replat of Lots 26 & 27, The Ranches at Blackbuck Ridge, Sec. 1, as shown on Plat recorded in Doc. 201710001.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #16:
Final Plat
Cloudwood Ranch
Phase 1
The court discussed amending the Final Plat for Cloudwood Ranch, Phase 1, pursuant to 232.011 (2) of the Texas Local government Code, to add a course or distance that was omitted on the original plat.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve amending the Final Plat for Cloudwood Ranch, Phase 1, to add a course or distance that was omitted on the original plat.

Vote: 5 - 0 Passed - Unanimously

 
Item #26:
Call for Bids
Requests for Proposals/ Qualifications
The court took no action on item 26.a, the Request for Proposal for County Engineering Services.  The committee has not been able to review these proposals.

The court discussed Item 25.a Vending Machine Services, under this agenda item.  Karin Smith, County Auditor, made the recommendation to award the bid to EliteVend dba Golden Brew Vending.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to accept the bid from EliteVend dba Golden Brew Vending.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #25:
Contracts, Agreements, or Grants
to be Approved or Ratified
The court discussed the following contracts, agreements or grants to be approved or ratified: Inter-Local Agreement with the City of Granite Shoals for road maintenance on Public Streets; Northland Business to increase bandwidth; Independent Contractor Agreements for 2 new Vetride drivers; 4/S Enterprises for construction of a metal structure for R&B Pct. 1; and the 2020 Agreement with Central Texas Water Coalition. 

Karin Smith, County Auditor, added to item 25.c Northland Business.  There was a request from Llano County's DA's office to increase bandwith.  This is to be paid out of their forfeiture funds.

Item 25.a Vending Machine Services was previously addressed under Item 26: Call for bids.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve items b-f, with the addition of Llano County District Attorney's office for increased bandwith to be paid out of their forfeiture funds.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #5:
Auditor's Request for County
Records Management Funds
The court discussed using County Records Management funds to purchase 3 scanners for the Auditor’s office at a cost of $585.38 each for a total of $1,756.14.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve using County Records Management funds to purchase 3 scanners for the Auditor’s office at a cost of $585.38 each, for a total of $1,756.14.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #7:
Grant Application
Burnet Rotary Club
The court discussed the approval for VETRIDE to apply for the Burnet Rotary Club charitable contribution grant for $1,000.00.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve VETRIDE to apply for the Burnet Rotary Club charitable contribution grant for $1,000.00.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Grant Application
U.S. Economic
Development Administration
The court discussed approval to apply for grant from U.S. Economic Development Administration for a Burnet County Expo Center/Emergency Shelter Facility.  20% required Match which can include in-kind eligible project costs including land.  Eligible activities relate to Disaster Recovery, Economic Recovery, Strategic Planning and Public Works Construction and must improve a community’s resilience in future disasters.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve applying for a grant from U.S. Economic Development Administration for a Burnet County Expo Center/Emergency Shelter Facility. There is a 20% required Match which can include in-kind eligible project costs including land. Eligible activities relate to Disaster Recovery, Economic Recovery, Strategic Planning and Public Works Construction and must improve a community’s resilience in future disasters.

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Grant Application
Wink to Webster Pipeline
Good Neighbor Grants
The court discussed approval to apply for grant from Wink to Webster Pipeline Good Neighbor Grants for first responders and emergency management.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve applying for a grant from Wink to Webster Pipeline Good Neighbor Grants for first responders and emergency management.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Grant Application
Office of the Governor
Public Safety Office
The court discussed approval to apply and sign the resolution for the 33rd and 424th District Attorney Investigator for FY2021 Criminal Justice Program grant from the Office of the Governor, Public Safety Office, Criminal Justice Division.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve applying for and signing the resolution for the 33rd and 424th District Attorney Investigator for FY2021 Criminal Justice Program grant from the Office of the Governor, Public Safety Office, Criminal Justice Division.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #11:
Grant Application
Office of the Governor
Public Safety Office
The court discussed approval to apply and sign the resolution for the 3rd and final year of the First Environmental Deputy for FY2021 Criminal Justice Program grant from the Office of the Governor, Public Safety Office, Criminal Justice Division.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve applying for and signing the resolution for the 3rd and final year of the First Environmental Deputy for FY2021 Criminal Justice Program grant from the Office of the Governor, Public Safety Office, Criminal Justice Division

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #12:
Grant Application
Office of the Governor
Public Safety Office
The court discussed approval to apply and sign the resolution for the 2nd year of the Second Environmental Deputy for FY2021 Criminal Justice Program grant from the Office of the Governor, Public Safety Office, Criminal Justice Division.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve applying for and signing the resolution for the 2nd year of the Second Environmental Deputy for FY2021 Criminal Justice Program grant from the Office of the Governor, Public Safety Office, Criminal Justice Division.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #17:
Variance Request
Regot Holdings, LLC
The court discussed a variance request from the Burnet County Subdivision Regulations Regot Holdings, LLC, for a 4.07 acre tract of land out of the Samuel Bingham Svy., Abst. 86, located near 5326 CR 330.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the variance request from the Burnet County Subdivision Regulations, Regot Holdings, LLC for a 4.07 acre tract of land out of the Samuel Bingham Svy., Abst. 86, located near 5326 CR 330.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #19:
ESD #2
Resignation/ Appointment
The court discussed the resignation of Ed Schaeffer and the appointments of Robbie Cheatham and Donna Kiley to ESD 2.  Comm. Luther informed the court there are two positions to be filled due to the resignation of Ed Schaeffer and the passing of John Davis, an original member of ESD 2.  Comm. Luther extended thoughts and prayers to his family and expressed his appreciation for the work he has done over the years.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept the resignation of Ed Schaeffer and the appointments of Robbie Cheatham and Donna Kiley to ESD 2.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Executive Session
The court took no action of this agenda item.
 
Item #21:
Executive Session
The court took no action this agenda item.
 
Item #22:
Executive Session
The court took no action on this agenda item.
 
Item #23:
Department Updates
The court discussed department updates.  

Karin Smith, County Auditor, informed the court of a $44,000 payment received from FEMA.  

Herb Darling, Director County Development Services, reports his office remains busy.
Attachments:
 
Item #24
Acknowledgement of Receipt
The court discussed receipt of letters from MIS Summary for Oct 2019 - Dec 2019 and TCEQ Notice.
Attachments:
 
Item #27:
Consent Agenda
The court discussed approval of the consent agenda.  

27.d Consideration and approval concerning budget line item transfers, Judge Oakley addressed the court regarding the line item transfer to replace the outdated phone system.  At a future date, if it is allowable under the tax note, this expenditure will be switched to the tax note.  
 

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

Attachments:
 
Item #28:
Previous Agenda Items
The court discussed previous agenda items.

Judge Oakley stated the Debo Estate has requested to donate the remainder of unsold books to the Herman Brown Free Library.

Comm. Dockery updated the court regarding General Land Office grants.  Initially, it was understood the funds could be used for infrastructure improvements due to the flood event of 2018.  The Commissioners learned at a recent conference, the GLO grants are exclusive for housing.

Comm. Dockery inquired from Susan Patten, with the LCRA, about the pending LCRA CDPP grant.  He asked when they will be awarding the grants.  Ms. Patten stated the announcement should be made in March or April.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept a donation of remaining books from the Debo Estate.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #29:
Calendar Review
The court discussed calendar review.
 
Item #30:
Adjournment
There was no further business to discuss.  Judge Oakley adjourned the meeting at 10:25 a.m.