County of Burnet {} On this the 28th day of April 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, April 28, 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 concerning the approval to apply for the 2020 County Transportation infrastructure Fund (CTIF) Grant Program from the Texas Department of Transportation which is primarily for areas affected by increased oil and gas production, but also has a component for weight tolerance performance ratio. In 2014 when the distribution percentage was 20% for weight tolerance performance, Burnet County received $142,160. This current round has the distribution percentage for weight tolerance performance as 10%. Burnet County’s current allocation is $90,324 out of $250,000,000 should all 254 counties apply. (Smith)
5. Discussion and/or action concerning approval of Property Fraud Alert Proposal/Program with Data Preservation Solutions. Project pricing to be funded from County Clerk Records Management Restricted Funds. (Parker)
6. Discussion and/or action regarding the approval to utilize Burnet County manpower and equipment to assist the Spicewood Library, a non-profit organization, in paving the library parking lot for the benefit of all the citizens of Burnet County. The Spicewood Library is furnishing the materials. (Dockery)
7. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
8. Discussion and/or action regarding entering new contract with TimeClockPlus for cloud based services. (S. Luther)
9. Discussion and/or action regarding updating the Officials Personnel Policy. (S. Luther)
10. Discussion and/or action regarding the acceptance of a donation deed from JBAR Holdings, LLC. To Burnet County Texas for a 0.04 acre of land out of the John F. Torrey survey, CR 103 . (Luther)
11. Discussion and/or action regarding approval to apply and sign resolution and LEO-LE-CERT-ASSURANCE Form for the Coronavirus Emergency Supplemental Funding program (CESF) from the Office of the Governor, Public Safety Office, Criminal Justice Division for funds to help prevent, prepare for and respond to the coronavirus. (Smith)
12. Discussion and/or action regarding consideration and approval of a resolution relating to establishing the County’s intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of one or more series of tax exempt obligations to be issued by the County for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. (Smith)
13. Discussion and/or action regarding consideration and approval of an order by the Commissioners Court of Burnet County, Texas authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2020”, Levying an annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the notes; authorizing the execution of any necessary engagement agreement with the County’s financial advisors; and providing and effective date. (Smith)
14. Discussion and/or action regarding the resignation of Joyce Smith from ESD 5. (Luther)
15. Discussion and/or action concerning the release of Subdivision Improvement Bond #CNB-34173-00 in the amount of $538,774 and the acceptance of Maintenance Bond #CNB-36253-00 in the amount of $80,816.10 for the Ranches at Bentley Ridge subdivision. (Beierle)
16. Discussion and/or action concerning the Preliminary Plat approval for Hurst Place subdivision, a private subdivision consisting of 64 lots on 361.54 acres located at 5840 CR 202 (Beierle)
17. Discussion and/or action regarding a replat of Lot 1, Lewallen Subdivision, a subdivision located in Burnet County, Texas, as shown on plat recorded in document No. 201506440 of The Official Public Records of Burnet County, Texas. (Beierle)
18. Discussion and/or action regarding a replat of Lots 281, 282, and 283, Windermere Oaks, a subdivision located in Burnet County, Texas, as shown on plat recorded in cabinet 1, slide 70A of The Plat Records of Burnet County, Texas. (Dockery)
19. Discussion and/or action regarding the replat of Lots 12, 13 and 14, Granite Hills, a Private Subdivision, Phase One. (Luther)
20. Discussion and/or action regarding the final plat approval for Whitetail Ridge Subdivision, a private subdivision consisting of 8 lots on 49.55 acres located at 714 CR 221. This portion is the remainder in Burnet County that was preciously preliminary platted as Arrowhead Trail Subdivision. (Beierle)
21. Discussion and/or action regarding approval of a work order for engineering services with KC Engineering for roadway improvements to CR 401S (Dockery)
22. 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).
23. Reconvene in Open Session. (Oakley)
24. 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)
25. Discussion and/or action regarding Department Updates: (Oakley)
a. Treasurer’s Report – March 2020
b. Quarterly Investment Report 2nd Quarter FY20, Jan-Mar 2020
26. Acknowledgement of Receipt: (Oakley)
a. RB4 Annual Road Report
b. Financial Audit for Burnet County.
27. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
- Contract for Wirtz Dam Bridge Project
- Work order for Wirtz Dam Bridge Project with KC Engineering
- Interlocal Agreement to join the ESC 20 Purchasing Cooperative
- Interlocal paving agreement with the City of Cottonwood Shores
- Order of approval of the Interlocal with the City of Cottonwood Shores
29. 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:
- 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.
31. Calendar Review.
32. 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.
Call to Order
Invocation and Pledge of Allegiance to the Flags
Comments
Replat
Lewallen Subdivision
Preliminary Plat
Hurst Place
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the preliminary plat for Hurst Place subdivision, a private subdivision consisting of 64 lots on 361.54 acres located at 5840 CR 202.
Vote: 5 - 0 Passed - Unanimously
Replat
Windermere Oaks
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a replat of Lots 281, 282, and 283, Windermere Oaks, a subdivision located in Burnet County, Texas, as shown on plat recorded in cabinet 1, slide 70A of The Plat Records of Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Final Plat
Whitetail Ridge Subdivision
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the final plat approval for Whitetail Ridge Subdivision, a private subdivision consisting of 8 lots on 49.55 acres located at 714 CR 221. This portion is the remainder in Burnet County that was previously preliminary platted as Arrowhead Trail Subdivision.
Vote: 5 - 0 Passed - Unanimously
2020 County Transportation
Infrastructure Fund (CTIF)
Grant Program from TxDot
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve applying for the 2020 County Transportation Infrastructure Fund (CTIF) Grant Program from the Texas Department of Transportation which is primarily for areas affected by increased oil and gas production, but also has a component for weight tolerance performance ratio. In 2014 when the distribution percentage was 20% for weight tolerance performance, Burnet County received $142,160. This current round has the distribution percentage for weight tolerance performance as 10%. Burnet County’s current allocation is $90,324 out of $250,000,000 should all 254 counties apply.
Vote: 5 - 0 Passed - Unanimously
Discussion/ Action
COVID-19 Virus
Judge Oakley spoke of the first mobile testing last Thursday coordinated by Ascension Seton Hospital. Testing was done by Doctor referral with a cost of $60.00. He reported the event was very successful. He thanked the City of Burnet for acquiring a tent to facilitate the testing. Jim Barho, Office of Emergency Management, worked closely with Mark Ingram, Fire Chief with Burnet Fire and EMS Department on this event. The intent is to continue this event Tuesdays and Thursdays on a weekly basis from 9:00a.m.-12:00p.m.
On Saturday, testing was coordinated by the National Guard. This program targets rural counties to ensure there is good testing with each county being eligible for 60 tests. 50 tests were conducted Saturday. The testing ran very smoothly. Judge Oakley was informed they would be returning to conduct more testing, but could not be held at the same location. The date and location of the next testing is yet to be determined, but is being coordinated by Russell Sander, Fire Chief with Marble Falls. This event is free to the public and does not require a doctor's referral, but there is a screening process. Dr. Madrigal stated at these events, they want those with symptoms to be tested. They will also test health care workers who think they may have been exposed.
A question asking why everyone was not wearing masks if Doctors are suggesting we wear them. Judge Oakley responded the Governor did not make wearing masks mandatory, it is a suggestion. They are doing their best to maintain social distancing, however it is difficult to conduct the meeting with a mask on from an audio stand point.
Another question asked if Dr. Madrigal could address the allowing of movie theaters vs. salons to open. Judge Oakley responded this would be a question for the Governor's office as his order supersedes any local government entities. Dr. Madrigal says to use your own discretion as much as possible and know what your health risks are.
In regard to the number of cases, with more testing taking place, Judge Oakley states we will see the number of cases go up. There have been inquiries as to the number of recovered cases. Those who have recovered do not always report back on their status. There are more recovered than what is reflected in the state system. He would say at least half of confirmed cases are back out in the community or at work. Dr. Madrigal added of the cases they have been following, most of them are well, while some are still showing symptoms.
Judge Oakley stated, if you feel you may have had the virus, there is a test to determine whether you have antibodies that show you have been exposed to it in the past and may have not even been symptomatic. There are two types of tests: pin prick (only about half accurate) and a blood draw. They are working on a way to incorporate this with the mobile testing which is being incorporated by Seton. There is a cost of $42.00. Dr. Madrigal stated that very few people who are being tested to see if they had it before are coming back as positive. The ones she has done in Burnet County have been zero. It doesn't look as though the virus was here until mid March or later. It appears the herd immunity is still very low, but this will become an important test once more people are exposed. We are still assuming if you've had it you can't get it again or at least not this year.
Judge Oakley stated the Governor's Order has been posted on the Burnet County website. This is the Order in place. Burnet County will not come up with anything separate or enhance the Order. If you still have concerns or specific questions, they should be directed to the Governor's office at 512-463-1782 regarding interpretations of the Order.
Judge Oakley states there are currently 15 cases, according to the state system. The reporting still includes 2 cases which are not residents of Burnet County. It also does not include a local case which is a Burnet County resident who was tested and is being reported as a Williamson County case. He emphasized the number of cases in the County is not a perfect science.
Judge Oakley addressed the case at Whataburger. There was one positive case at the Burnet location. Whataburger's Corporate office made the decision to close the store until they could have their employees tested. Neither Judge Oakley nor Dr. Madrigal shut down the restaurant. He commended them for closing the store as soon as they learned there was a positive case. The Judge asked the public to contact his office at 512-756-5400 if there are questions regarding the validity of any rumors.
Moving forward, Judge Oakley stated he will update a spread sheet he has developed which has specifics of the individual cases. This will be available on the Burnet County Government Facebook page as well as the Burnet County website.
A question was asked regarding testing. Once you are tested, is the test attached to your name and in your medical records? Dr. Madrigal responded if you are tested through the state there is a record of that. If you are tested through your physician's office, it does not get reported. If you are positive, then it is reported to the state.
There was a question regarding enforcement of businesses being held to the 25% capacity. Judge Oakley responded by saying the Governor stated this would be up to the local officials to enforce this. The Judge is hoping there won't be a need for enforcement, that people will use the recommended best practices. If you happen to go to an establishment and you think it is crowded, then you do not have to go in. If you feel you need to contact the Sheriff's office do not call 911, contact them on the non-emergency number at 512-756-8080. Sheriff Boyd said they will respond to calls from the public. It was asked if Eddie Arredondo, County Attorney, agrees with this response. Judge Oakley stated Mr. Arredondo nodded his head yes, in agreement.
If there are more questions, please continue to ask throughout the meeting.
Department Updates
Karrie Crownover, Burnet County Treasurer, presented the Treasurer's report for March 2020.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the March 2020 Treasurer's report.
Vote: 5 - 0 Passed - Unanimously
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Quarterly Investment Report 2nd Quarter FY20, Jan-Mar 2020.
Vote: 5 - 0 Passed - Unanimously
Acknowledgement of Receipt
Karin Smith, County Auditor, stated Pattillo, Brown & Hill, L.L.P. were set to present the audit. Due to the COVID-19 situation, this will not take place. If the court desires, they will come in to present on a future date.
Property Fraud Alert Proposal
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Property Fraud Alert Proposal/Program with Data Preservation Solutions.
Vote: 5 - 0 Passed - Unanimously
Parking Lot Paving
Spicewood Library
Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Damon Beierle to approve utilizing Burnet County manpower and equipment to assist the Spicewood Library, a non-profit organization, in paving the library parking lot for the benefit of all the citizens of Burnet County.
Vote: 5 - 0 Passed - Unanimously
Discussion/ Action
COVID-19 Virus
Contract
TimeClock Plus, LLC
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve entering in to a new contract with TimeClock Plus, LLC for cloud based services.
Vote: 5 - 0 Passed - Unanimously
Officials Personnel Policy
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve updating the Officials Personnel Policy to reflect the FY 20 compensation rates.
Vote: 5 - 0 Passed - Unanimously
Donation Deed From
JBAR Holdings, LLC to
Burnet County Texas
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept a donation deed from JBAR Holdings, LLC to Burnet County Texas for a 0.04 acre of land out of the John F. Torrey survey, CR 103 to round off one of the 90-degree corners on CR 103.
Vote: 5 - 0 Passed - Unanimously
Release of Bond
Ranches at Bentley Ridge
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Subdivision Improvement Bond #CNB-34173-00 in the amount of $538,774 and the acceptance of Maintenance Bond #CNB-36253-00 in the amount of $80,816.10 for the Ranches at Bentley Ridge subdivision.
Vote: 5 - 0 Passed - Unanimously
Replat
Granite Hills
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Lots 12, 13 and 14, Granite Hills, a Private Subdivision, Phase One.
Vote: 5 - 0 Passed - Unanimously
Issuance of "Burnet County, Texas Tax Notes, Series 2020"
Resolution
Reimbursement
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to move that the Commissioners Court adopt a Reimbursement Resolution.
Vote: 5 - 0 Passed - Unanimously
Issuance of “Burnet County, Texas Tax Notes, Series 2020”
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to move that the Commissioners Court adopt an order authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2020”.
Vote: 5 - 0 Passed - Unanimously
Coronavirus Emergency
Supplemental Funding Program
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the application and sign the resolution and LEO-LE-CERT-ASSURANCE Form for the Coronavirus Emergency Supplemental Funding program (CESF) from the Office of the Governor, Public Safety Office, Criminal Justice Division for funds to help prevent, prepare for and respond to the coronavirus.
Vote: 5 - 0 Passed - Unanimously
Resignation
Joyce Smith ESD 5
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept the resignation of Joyce Smith from ESD 5.
Vote: 5 - 0 Passed - Unanimously
Work Order
KC Engineering
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a work order for engineering services with KC Engineering for roadway improvements to CR 401S.
Vote: 5 - 0 Passed - Unanimously
Executive Session
Executive Session
Executive Session
Discussion/ Action
COVID-19 Virus
There was a question asking if there is a local officer or code enforcement officer to monitor businesses. Judge Oakley stated if you are in the City, there are Code Enforcement Officers. If you are in the County, there are the Sheriff's Deputies. If you see what you believe to be a violation, you should contact the corresponding Police Department. Those with concerns may contact your local Police agency if you are in the city limits. If you are in the unincorporated areas, contact the Burnet County Sheriff's Department. If you call the Sheriff's office, they will divert the call to where it needs to be directed. Again, if you are going to contact the Sheriff's office, do not call 911. Contact them at 512-756-8080.
Contracts, Agreements, or Grants
to be Approved or Ratified
Eddie Arredondo, County Attorney, discussed the Wirtz Dam Bridge Project funding structure as allowed by TXDOT. Mr. Arredondo recognized Karin Smith, County Auditor, for the outstanding job she has put forth with this project. The contract is ready however, there was a question whether the engineering company could be paid on a flat rate vs the hourly rate. Those questions are going through TXDOT at this time. Mr. Arredondo stated the contract before them is all there, except for Exhibit D. Currently, Exhibit D states we will follow a payment structure that is allowable by TXDOT. He recommends approving the agreement contingent with the Auditor being given the authority to complete that one section so the funding matches what TXDOT will allow.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve all contracts with 27A, Exhibit D, contingent upon the Auditor having the authority to complete this section once the question of payment structure has been answered and 27B not being implemented until the Auditor has completed the contract and it has been signed by KC Engineering.
Vote: 5 - 0 Passed - Unanimously
Call for Bids
Requests for Proposals/ Qualifications
Consent Agenda
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the consent agenda with the exception of 29d: Budget Line Item Transfers.
Vote: 5 - 0 Passed - Unanimously
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the line item transfers.
Vote: 5 - 0 Passed - Unanimously
Previous Agenda Items
Discussion/ Action
COVID-19 Virus
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to authorize the Judge to enter into an interlocal agreement with the City of Burnet's agreement with the YMCA, if all parties concur.
Vote: 5 - 0 Passed - Unanimously
Calendar Review
Adjournment
