County of Burnet {} On this the 25th 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; Janet Parker, County Clerk; Carole Poppema, Assistant County Auditor; Karin Smith, County Auditor
REGULAR MEETING DATE: Tuesday, February 25, 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. Presentation from Caroline Ragsdill of the Burnet County Child Welfare Board on their annual report (Oakley)
5. Discussion and/or action regarding the establishment of a Property Assessed Clean Energy (PACE) program as allowed under Texas Local Government Code Chapter 399: (Oakley)
A. A public hearing regarding the establishment of a Property assessed Clean Energy (PACE) program within the boundaries of Burnet County, Texas;
B. The consideration of a Resolution To Establish a Property Assessed Clean Energy (PACE) program within the boundaries of Burnet County, Texas;
C. The consideration of a Professional Services Agreement between Burnet County and the Texas Property Assessed Clean Energy Authority, a non-profit organization, to administer a Property Assessed Clean Energy Program (PACE) pursuant to Texas Local Government Code Chapter 399 within the boundaries of Burnet County, Texas
6. Discussion and/or action concerning approval of Advanced Funding Agreement (AFA) with TxDot for CSJ 0914-24-024 relating to Wirtz Dam Road and Bridge (PSE) (Oakley)
7. Discussion and/or action for the approval to apply for a new investigator position from the 2020 COPS Microgrant Program from the U.S. Department of Justice Community Oriented Policing Services. No match required. Application due March 11, 2020 (Oakley/McAfee/Smith)
8. Discussion and/or action for the approval to apply for 4 new deputy positions from the 2020 COPS Hiring Program from the U.S. Department of Justice Community Oriented Policing Services. The grant allows up to $125,000 for salaries and benefits per position over 3 years. Estimated county minimum commitment based on 2% hourly rate increase and 5% insurance cost increase over three years is approximately $103,600. (Oakley/Jett/Smith)
9. Discussion and/or action concerning an appeal of a denial for the On-site Sewage Facility design for the Windmill RV Ranch, located at 725 CR 266 (Darling/Oakley)
10. Discussion and/or action concerning the appointment of the Purchasing Agent for the County of Burnet, Burnet, State of Texas (Oakley)
11. Discussion and/or action concerning the Amending Plat of Tract 17, Buena Vida Ranch, A private subdivision, Burnet County, Texas to correct a scrivener error found in the curve data shown on the recorded plat of Amending Plat of Buena Vida Ranch, a private subdivision, Burnet County, Texas (Beierle)
12. Discussion and/or action regarding a Replat of Lots 42 & 43, Log Country Cove, a subdivision in Burnet County, Texas as shown on Plat recorded in Cab. 3, Slide 34C of the Plat records of Burnet county, Texas (Luther)
13. Discussion and/or action regarding a Replat of a 7.911 acre tract of land out of the Isaac Casner Svy. No. 401, Abst. No. 214, and being out of a portion of 12.073 acre tract Donall Estates (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 regarding the Preliminary Plat hearing for the Tim O’Connor Subdivision, a public subdivision consisting of 4 lots on 74.448 acres out of the M. Salinas Svy. No. 15, A-775, 1212 CR 407 (Dockery)
16. Discussion and/or action regarding the request to waive late penalty fees from Van Martin on Prop. ID # 65791 from the Burnet Central Appraisal District (Oakley)
17. 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).
18. Reconvene in Open Session. (Oakley)
19. 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)
20. Discussion and/or action regarding Department Updates: (Oakley)
a. Treasurer’s Report December
21. Acknowledgement of Receipt: (Oakley)
22. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
- Sponsorship Application Approval for Bluebonnet Festival from Tourism in the amount of $2500
- County Engineering Services
- Consideration and approval of any pending personnel issues within the policy.
- Payroll approval/Personnel Action Form Approval
- Consideration and approval concerning budget amendments.
- Consideration and approval concerning budget line item transfers.
- Consideration and authorization of payment of claims previously approved by the County Auditor.
- Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
- Consideration and approval regarding Departmental equipment requests and/or property transfers.
- Correspondence.
26. Calendar Review.
27. 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.
ADDENDUM
REGULAR MEETING DATE: Tuesday, February 25, 2020
MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas
ADDENDUM
Presentation and update from the Central Texas Water Coalition (Dockery/Oakley)
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. Jeanne Emerson, 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.
Call to Order
Invocation and Pledge of Allegiance to the Flags
Public Comments
Burnet County
Child Welfare Board
Annual Report
Amending Plat
Buena Vida Ranch
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve amending Plat of Tract 17, Buena Vida Ranch, a private subdivision, Burnet County, Texas to correct a scrivener error found in the curve data shown on the recorded plat of Amending Plat of Buena Vida Ranch, a private subdivision, Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Windmill RV Ranch
On-Site Sewage Facility
Replat
Log Country Cove
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Replat of Lots 42 & 43, Log Country Cove, a subdivision in Burnet County, Texas as shown on Plat recorded in Cab. 3, Slide 34C of the Plat records of Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Replat
Donall Estates
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Replat of a 7.911 acre tract of land out of the Isaac Casner Svy. No. 401, Abst. No. 214, and being out of a portion of 12.073 acre tract Donall Estates.
Vote: 5 - 0 Passed - Unanimously
Replat
Campa Pajama
Preliminary Plat
Tim O'Connor Subdivision
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Preliminary Plat for the Tim O’Connor Subdivision, a public subdivision consisting of 4 lots on 74.448 acres out of the M. Salinas Svy. No. 15, A-775, 1212 CR 407.
Vote: 5 - 0 Passed - Unanimously
Central Texas Water Coalition
Property Assessed Clean
Energy (PACE) Program
5.A The court opened the floor to any questions or comments from the public.
After much discussion over the past weeks, several questions have been satisfied, however Judge Oakley stated there are still some concerns. There is a part of the resolution and the agreement which indicates the county would absolve itself from any decision-making on the contracts of whom is eligible to be part of the program. Judge Oakley inquired if PACE was aware of any other counties which have amended the agreement to allow for counties to be a part of the decision-making process. Doug Taylor, TX-PACE Authority, responded he was not aware, however there could be. He stated that whether it be decision-making or information sharing, it could be easily done. Another concern is in the event the project defaults and a tax sale takes place, the county would share the auction with the lender on the project as opposed to the sale going to satisfy the property taxes. Karin Smith, County Auditor, stated the collection is on the property itself. Any debt due to the lender becomes equal to that of the entities. The Judge inquired if that was on the whole parcel or solely the improvement aspect named. Eddie. Arredondo, County Attorney, answered the assessment is to the entire property.
Comm. Luther questioned what would happen to applicants in the middle of the process if the PACE program was discontinued. Mr. Taylor responded those projects in the pipeline would no longer have a program to be completed through and the project would end. Comm. Luther asked what implications this would have on the County if the applicant comes back and states the cancellation has interrupted the process. There has not been a situation where this has taken place, resulting in no answer to the question.
Eddie Arredondo, County Attorney, wanted to be sure the Court understood the following two points. Firstly, the program does a lot of vetting of applicants. Should there be a situation where somebody does default, chances are they have also defaulted on their taxes. However, there could be a situation where a participant in the PACE program does not make a payment on their PACE debt, but has been paying their taxes. Attorneys through the Appraisal District will then take action because it is an assessment against the property. Secondly, while the Court has the ability to cancel the PACE Program at any time, it needs to be understood that any loans made prior to the termination of the program will still need to be monitored and maintained. These are long term types of loans which would require monitoring for up to 10-20 years.
As there were no comments from the public, Judge Oakley closed the public hearing.
5.C Motion being held until the typographical error correction is made.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to accept the consideration of 5.B: a Resolution To Establish a Property Assessed Clean Energy (PACE) program within the boundaries of Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
AFA Agreement with TxDot
Wirtz Dam Road and Bridge
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the Resolution of the County of Burnet Advanced Funding Agreement (AFA) with TxDot for CSJ 0914-24-024 relating to Wirtz Dam Road and Bridge (PSE).
Vote: 5 - 0 Passed - Unanimously
Investigator Position
COPS Microgrant Program
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the application for a new investigator position from the 2020 COPS Microgrant Program from the U.S. Department of Justice Community Oriented Policing Services.
Vote: 5 - 0 Passed - Unanimously
Property Assessed Clean
Energy (PACE) Program
An amendment was made to Exhibit "B" from $200.00 to $2000.00.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Professional Services Agreement between Burnet County and the Texas Property Assessed Clean Energy Authority, a non-profit organization, to administer a Property Assessed Clean Energy Program (PACE) pursuant to Texas Local Government Code Chapter 399 within the boundaries of Burnet County, Texas, to include the amended Exhibit "B" to reflect $2000.00.
Vote: 5 - 0 Passed - Unanimously
Deputy Positions
COPS Hiring Program
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the application for 4 new deputy positions from the 2020 COPS Hiring Program from the U.S. Department of Justice Community Oriented Policing Services. The grant allows up to $125,000 for salaries and benefits per position over 3 years. Estimated county minimum commitment based on 2% hourly rate increase and 5% insurance cost increase over three years is approximately $103,600.
Vote: 5 - 0 Passed - Unanimously
County Purchasing Agent
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the appointment of Karin Smith as Purchasing Agent for the County of Burnet, Burnet, State of Texas.
Vote: 5 - 0 Passed - Unanimously
Van Martin
Request to Waive Fees
Comm. Dockery suggested the County Attorney's office draft a stock letter to reply to any future requests.
Executive Session
Executive Session
Executive Session
Recess: The Court recessed at 10:09 a.m.
Reconvene: The Court reconvened at 10:20 a.m.
Department Updates
Karrie Crownover, Burnet County Treasurer, presented the Treasurer's report for December.
Sara Ann Luther, Human Resources Director, is compiling an emergency contact list of County employees to be implemented in the event of a delayed start or closure. All department heads were emailed requesting phone numbers and email addresses of their employees. Ms. Luther and Connie Haines, Courthouse Communications, recently attended the Healthy County Boot Camp. Shelly Denton, Collections, is currently working on the Healthy County event on March 25, 2020.
Judge Oakley spoke of the new shooting-range being built at the old landfill.
Herb Darling, Director Burnet County Development Services, updated the court on his department. The office has been closing to the public half days on Fridays in order to make progress after the network and server issues which took place in December. There have not been any concerns from the public due to the early closures.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept the Treasurer's report for December.
Vote: 5 - 0 Passed - Unanimously
Acknowledgement of Receipt
Contracts, Agreements, or Grants
to be Approved or Ratified
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Sponsorship Application for Bluebonnet Festival from Tourism in the amount of $2500.
Vote: 4 - 0 Passed
- Other:
-
Commissioner Precinct 2 Damon Beierle (Abstain)
Call for Bids
Requests for Proposals/ Qualifications
Proposals for County Engineering Services were opened by the committee at 2:00 p.m. on February 11, 2020. The following firms submitted proposals: Willis Engineering, KC Engineering, CP&Y, Structure Point, Inc., William H Engineering, Adams Engineering, Binkley and Barfield, LJA Engineering, Dunaway, and M & S Engineering. Judge Oakley requested Comm. Dockery and Comm. Luther to evaluate the proposals. Out of a possible 100 points, the following firms received perfect scores: Willis Engineering, KC Engineering, and CP&Y. Karin Smith, County Auditor, explained with the award being based on qualifications, as projects come up they will be able to negotiate with one firm. If unable to negotiate a price, the court would be able to move on to the next firm. Comm. Dockery specified the evaluations were based specifically on each firms qualifications. There was no numeric value based on the cost of work included in the decision-making process.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt Willis Engineering, KC Engineering, and CP&Y to be eligible for Burnet County projects from this point forward.
Vote: 5 - 0 Passed - Unanimously
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
Previous Agenda Items
Calendar Review
Adjournment
