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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 12th day of May 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; 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: Tuesday, May 12, 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 by submitting online after proper adjustments have been made and sign the resolution for the FY 2021 Motor Vehicle Crime Prevention Authority (MVCPA) Grant Program for the Heart of Texas Auto Theft Task Force. The MVCPA Board has approved the same amount of $200,000 Grant funds that was awarded for FY20 for September 1, 2020 – August 31, 2021. The statement of grant awards and interlocal contracts will be approved through Commissioner’s court at a later date. (Smith)

5. Discussion and/or action concerning approval to apply for and signing resolution for grant with Texas Indigent Defense Commission for FY 2021 Indigent Defense Improvement Grant for the North Hill Country Public Defender’s Office. (Smith)

6. Discussion and/or action regarding the consideration of a Latitude Laptop and Dell Monitor to be paid out of JP#2 technology fund. (Whitehead)

7. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)

8. Discussion and/or action regarding entering a new contract with TimeClockPlus for cloud based services. (Luther)

9. Discussion and/or action regarding approval to accept grant for FY 20/21 Capital Area Council of Governments Solid Waste Grant 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. Grant Amount: $40,185.10. Grant Period: 4/1/2020 -4/30/2021. (Smith)

10. Discussion and/or action concerning allocation of $100,000 on behalf of Burnet County as funded by the Capitol Area Housing Finance Corporation to various non-profits within Burnet County (Oakley)

11. Discussion and/or action regarding the acceptance of a donation deed for a 0.26 Acre tract of land out of the E.A McSwain survey No. 847, abstract No. 643 Burnet County, Texas and being a portion of the called 71.5 acres conveyed to Ila Fern Bingham and Glynn Maxine Wall in Volume 720, Page 523, Official Public Records, Burnet County, Texas (O.P.R.B.C.T.). Relating to additional right-of-way on Cr 402 (Dockery)

12. Discussion and/or action concerning an Amended Plat for River Hills Ranches, Phase 1 (lots 42,43 and 44) to correct a scrivener or clerical error pursuant to 232.011(5) of the Texas Local Government Code. (Beierle)

13. Discussion and/or action regarding concerning an Amended Plat for Rolling Hills Reserve, Phase 2 (lot labeled as #257 should be #101) to correct a scrivener or clerical error pursuant to 232.011 (5) of the Texas Local Government Code. (Luther)

14. Discussion and/or action regarding concerning a replat of lots 35 and 36, Arrowhead Trail Ranch, combination of two lots into one. (Beierle)

15. Discussion and/or action regarding preliminary plat approval for Spicewood Ridge a public subdivision consisting of 8 lots on 4.913 acres located at 3676 CR 410. (Dockery)

16. Discussion and/or action concerning a replat of lots 23 and 24, Colina Cove Subdivision, The Legends Plat No. 7.3, a subdivision located in Burnet County, Texas, as shown on plat recorded in cabinet 3, Slide 93C of the Plat Records of Burnet County, Texas. (Luther)

17. Discussion and/or action concerning a replat of Lots 42 and 43, Kingsland Cove, Unit 1, a subdivision located in Burnt county, Texas, as shown on Plat recorded in Volume 1, Page 60 of the Plat Records of Burnet County, Texas. (Luther)

18. Discussion and/or action regarding a replat of Lot 1, Miller Creek Ranch, Phase One, a subdivision located in Burnet County, Texas, as shown on Plat Recorded in Document No. 201912281 of the Official Public Records of Burnet County, Texas. (Beierle)

19. Discussion and/or action regarding the Public Hearing of a replat of Lot 3A, the Hill at Windermere, Section Two and a 0.013 acre portion of Common Area North of and adjacent to same to form one lot to be known as Lot 3-B, the Hill at Windermere, Section Two, Burnet County, Texas, followed by discussion and/or Action regarding same.(Dockery)

20. Discussion and/or action regarding the Public Hearing of a replat of Lots 154 and 155, Windermere Oaks, Devonshire Section to be known as “Replat of Lot Nos. 154 and 155,Windermere oaks, Devonshire Section, Burnet County, Texas” followed by discussion and action on the same. The owners are combining the two lots into one lot. (Dockery)

21. Burnet County received a Community Development Block Grant in 2019 under the Texas Community Development Block Grant Program, Disaster Relief Fund, from the Texas Department of Agriculture for removal of debris from the flooding disaster in October 2018.

A Public Hearing has been called for 5:05 p.m. on Tuesday, May 12, 2020 in the 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Tx following proper social distancing guidelines. The purpose of this hearing is to review the program performance of the activities completed under the grant, which will include an explanation of the actual use of the Texas Community Development Block Grant Program funds. Citizens will be entitled to participate and publicly address the County during the hearing. (Oakley/Smith)

22. Discussion and or action regarding testing and removal of an oil barrel located on private property off of Bear Creek Rd. (Beierle)

23. 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).

24. Reconvene in Open Session. (Oakley)

25. 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)

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

27. Acknowledgement of Receipt: (Oakley)
  1. MIS Monthly Summary
  2. April Building & Septic Report
  3. RB1 Annual Road Report
  4. RB2 Annual Road Report
  5. RB3 Annual Road Report
28. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
  1. Luke’s Asphalt Contract Labor agreement
  2. Ammendment to Bostic Co. contract for work at Historic Jail
  3. Midwest Metals LLC for work on the new roof at the Sheriff’s Office

29. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)
  1. Bid for CR 401S paving project.
30. 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.
31. Discussion regarding any previous agenda items.

32. Calendar Review.

33. 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 led the court with the invocation and pledges.
 
Item #3:
Comments
Judge Oakley reminded those watching via the Facebook Live feed to comment with any questions throughout the meeting.
 
Item #8:
Contract
TimeClock Plus, LLC
The court discussed entering a new contract with TimeClockPlus for cloud based services.  Sara Ann Luther, Human Resources, stated contract is ready to be approved as it meets the requirements of the local government.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the new contract with TimeClock Plus, LLC for cloud based services.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Indigent Defense Improvement Grant
The court discussed approval to apply for and signing resolution for grant with Texas Indigent Defense Commission for FY 2021 Indigent Defense Improvement Grant for the North Hill Country Public Defender’s Office.  Michelle Moore, Chief Public Defender, stated they are looking into a multi-county regional public defender's office.  There is Grant money available.  If awarded, this would pay for 50% of the Burnet office.  This office would also include Blanco, San Saba, and Llano counties.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to apply for and sign the resolution for grant with Texas Indigent Defense Commission for FY 2021 Indigent Defense Improvement Grant for the North Hill Country Public Defender’s Office.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Amended Plat
Rolling Hills Reserve, Phase 2
The court discussed an Amended Plat for Rolling Hills Reserve, Phase 2 (lot labeled as #257 should be #101) to correct a scrivener or clerical error pursuant to 232.011 (5) of the Texas Local Government Code.  
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept an Amended Plat for Rolling Hills Reserve, Phase 2 (lot labeled as #257 should be #101) to correct a scrivener or clerical error pursuant to 232.011 (5) of the Texas Local Government Code.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
Replat
Arrowhead Trail Ranch
The court discussed a replat of lots 35 and 36, Arrowhead Trail Ranch, combination of two lots into one.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the replat of lots 35 and 36, Arrowhead Trail Ranch, combination of two lots into one.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Preliminary Plat
Spicewood Ridge
The court discussed a preliminary plat approval for Spicewood Ridge a public subdivision consisting of 8 lots on 4.913 acres located at 3676 CR 410.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the preliminary plat approval for Spicewood Ridge a public subdivision consisting of 8 lots on 4.913 acres located at 3676 CR 410.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Replat
Colina Cove Subdivision
The court discussed a replat of lots 23 and 24, Colina Cove Subdivision, The Legends Plat No. 7.3, a subdivision located in Burnet County, Texas, as shown on plat recorded in cabinet 3, Slide 93C of the Plat Records of Burnet County, Texas.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of lots 23 and 24, Colina Cove Subdivision, The Legends Plat No. 7.3, a subdivision located in Burnet County, Texas, as shown on plat recorded in cabinet 3, Slide 93C of the Plat Records of Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

 
The Court Recessed at 9:15 a.m.

Judge Oakley reconvened the meeting at 9:19 a.m.
 
Item #17:
Replat
Kingsland Cove
The court discussed a replat of Lots 42 and 43, Kingsland Cove, Unit 1, a subdivision located in Burnt county, Texas, as shown on Plat recorded in Volume 1, Page 60 of the Plat Records of Burnet County, Texas.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to accept the replat of Lots 42 and 43, Kingsland Cove, Unit 1, a subdivision located in Burnet County, Texas, as shown on Plat recorded in Volume 1, Page 60 of the Plat Records of Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Replat
Miller Creek Ranch,
Phase One
The court discussed a replat of Lot 1, Miller Creek Ranch, Phase One, a subdivision located in Burnet County, Texas, as shown on Plat Recorded in Document No. 201912281 of the Official Public Records of Burnet County, Texas.  Herb Darling, Development Services, was told the groundwater availability study has been amended, but he has not been presented with a copy.  Mr. Darling said the court could move forward on this item and once he receives a copy of the amended water study he will discuss it with Comm. Beierle and sign the replat.  
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of Lot 1, Miller Creek Ranch, Phase One, a subdivision located in Burnet County, Texas, as shown on Plat Recorded in Document No. 201912281 of the Official Public Records of Burnet County, Texas contingent on receiving the water study.

Vote: 5 - 0 Passed - Unanimously

 
Item #26:
Department Updates
Deputy Paul Kowalik reported from the Burnet County Sheriff's Office: Environmental Division.  There have been a total of 202 calls, which resulted in 3 citations issued for illegal burning.  There were 3 arrests made for illegal dumping.  Judge Oakley stated those with concerns may contact the Sheriff's office at 512-756-8080.  They will be directed to the Environmental Officers.  Deputy Kowalik added callers concerns remain anonymous.  After meeting with residents, he found they are usually unaware they are out of compliance.  The Deputies inform the resident of the violation, and they make the necessary corrections.  Comm. Dockery thanked Constable Missy Bindseil, Precinct 4, for writing the Grant and obtaining the Environmental Officer for Burnet County.  Comm. Beierle thanked the Deputies for their work and being responsive.  Judge Oakley stated the court was unsuccessful in the Grant Application for the second position.  Effective October 1, 2020 there will be only one Environmental Officer.
 
Item #22:
Testing & Removal
Oil Barrel on Private Property
The court discussed testing and removal of an oil barrel located on private property off of Bear Creek Rd.  Comm. Beierle has received calls with this ongoing issue.   He asked Deputy Kowalik, Environmental Division, to attend for discussion on how to remediate the issue.  The homeowner believes the barrel to contain oil, but there is no confirmation.  The homeowner is unable to have it removed.  There had been discussion of who could remove the barrel, but the contents need to be tested prior to removal.  Eddie Arredondo, County Attorney, stated the law does allow the abatement of public nuisance by the government, which is what is being asked at this time.  The County would incur the cost, however a lien may be placed on the property for the cost of removal.  The question of where the funds would come from was raised.  Mr. Arredondo advised Comm. Beierle to give more detail to the item, either the address or the owners name, before making a motion.

The court took no action at this time.
 
Item #7:
Discussion/ Action
COVID-19 Virus
Judge Oakley began by announcing there are two mobile testings taking place today.  At the Burnet County Fairgrounds hosted by Seton from 9:00 a.m. to 12:00 p.m. by referral from your primary care physician with a cost of 60 dollars.  At the Marble Falls Fire Department, the National Guard is testing for free beginning at 8:00 a.m- 5:00 p.m.  To register you may visit WWW.TXCOVIDTEST.ORG or 512-883-2400.

Currently, the State is reporting 27 cases in Burnet County.  Two cases are people who reside outside the county, but were tested here.  Of these cases one was hospitalized, most have recovered, and there have been no fatalities.  A spreadsheet has been posted on Burnet County's COVID-19 Information Page.  Judge Oakley's office is working on a recovered list.  Dr. Madrigal's office is conducting contact tracing by contacting those who tested positive for COVID-19 to establish their current status.  All those on the report, except for 7 individuals, are listed as recovered.  

The Office of Court Administration (OCA) is preparing guidelines to reopen the court system.  District Judges have been appointed by the Governor to coordinate reopening efforts.  Judge Garrett will submit a detailed plan which allows for all procedures and safety precautions.  Court will not resume until June 1, 2020, possibly later based on the detailed plan.  Probate Court continues to be held via telephone, unless it is a complicated Guardianship case.  Those are being postponed.  Eddie Arredondo, County Attorney, stated court is taking place remotely, just not in person.  Cases needing emergency orders are still being attended to.  

A question was asked regarding when testing will take place for everyone, not just those showing symptoms.  Judge Oakley said this question should be directed to the State Health Department.

Judge Oakley discussed antibody testing, which is the next phase.  He stated if you feel you had the virus over the past months, but were not tested, there will be some opportunities to get the antibody test to see if you had the virus.  Currently, we are waiting on direction from the various levels of government to see how it will be made available.  

Karin Smith, County Auditor, is seeking approval to apply for the Coronavirus Relief Fund and for the Judge to sign the Eligibility and Liability Certification.  She is also seeking permission for Sara Ann Luther, Human Resources Director, to take any steps necessary to make sure we are in compliance on e-verification requirements.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the application for the Coronavirus Relief Fund through the Texas Department of Emergency Management and authorize the County Judge to sign all necessary documents.

Vote: 5 - 0 Passed - Unanimously

The court discussed allowing Sara Ann Luther, Human Resource Director, to continue to participate in e-verify and ensure we are in compliance.  This will allow Ms.Luther to take those steps.  Mr. Arredondo asked Judge Oakley to explain what e-verify means.  Ms. Smith explained when a new employee is hired, we record their information into a database, checking employment verification.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to allow Sara Ann Luther, Human Resource Director, to participate in e-verify.

Vote: 5 - 0 Passed - Unanimously

 
Item #22:
Testing & Removal
Oil Barrel on Private Property
The court continued discussion on testing and removal of an oil barrel located on private property off of Bear Creek Rd.  The exact location is 110 Bear Creek Road, Sheriff's Office Case number: BC19-1114.  Comm. Dockery stated if this is simply used oil, it can be paid through the bulk collection.  His concern is if it is found to be some other type of chemical, is the court prepared to place a lien on this property for the cost of removal.  Mr. Arredondo acknowledged yes, he was prepared to do so.  Comm. Beierle asked if it is tested and there is an expense, where will the funds come from?  Judge Oakley replied there is not a budget line item allocated for that.  He asked if there was an idea of how much that test would cost?  Comm. Beierle has an email into a testing company and has not received anything specific, but has heard anywhere from $500.00 to $800.00.  Herb Darling, Development Services, asked if the LCRA could test the contents of the barrel.  Judge Oakley said before incurring a cost, to contact the LCRA to see if the contents could be tested.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to begin the process of testing and removal of an oil barrel located on private property off of 110 Bear Creek Rd. Sheriff's Office Case number: BC19-1114.

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
Executive Session
The court took no action on this agenda item.
 
Item #24:
Executive Session
The court took no action on this agenda item.
 
Item #25:
Executive Session
The court took no action on this agenda item.
 
Item #4:
Resolution
2021 Motor Vehicle Crime
Prevention Authority Grant Program
The court discussed the approval to apply by submitting online after proper adjustments have been made and sign the resolution for the FY 2021 Motor Vehicle Crime Prevention Authority (MVCPA) Grant Program for the Heart of Texas Auto Theft Task Force.  The MVCPA Board has approved the same amount of $200,000 Grant funds that was awarded for FY20 for September 1, 2020 – August 31, 2021. The statement of grant awards and interlocal contracts will be approved through Commissioner’s court at a later date.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to apply by submitting online after proper adjustments have been made and sign the resolution for the FY 2021 Motor Vehicle Crime Prevention Authority (MVCPA) Grant Program for the Heart of Texas Auto Theft Task Force. The MVCPA Board has approved the same amount of $200,000 Grant funds that was awarded for FY20 for September 1, 2020 – August 31, 2021. The statement of grant awards and interlocal contracts will be approved through Commissioner’s court at a later date.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
JP #2 Request
The court discussed the consideration of a Latitude Laptop and Dell Monitor to be paid out of JP#2 technology fund.  Per Judge Oakley, to be paid out of the CARES Act.
 

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
FY 20/21 CAPCOG
Solid Waste Grant
The court discussed approval to accept a grant for FY 20/21 Capital Area Council of Governments Solid Waste Grant 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. Grant Amount: $40,185.10. Grant Period: 4/1/2020 -4/30/2021.  Karin Smith, County Auditor, stated there is no match.  This Grant is 100% funded.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve accepting a grant for FY 20/21 Capital Area Council of Governments Solid Waste Grant 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. Grant Amount: $40,185.10. Grant Period: 4/1/2020 -4/30/2021.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Allocation of Funds
Capital Area Housing
Finance Corporation
The court discussed the allocation of $100,000 on behalf of Burnet County as funded by the Capitol Area Housing Finance Corporation to various non-profits within Burnet County.  Their finance corporation is giving back to the communities to which they serve within the CAPCOG area.  Judge Oakley explained this was an opportunity to disperse funds to non-profit groups throughout Burnet County.  These funds are not being received by the County, nor have they ever been part of County funds.  The court is in the position to decide which organizations the funds will be allocated to.   He developed a list of non-profits in the County.  Judge Oakley and Comm. Dockery focused on groups whose purpose is to assist people in the community.  Comm. Dockery noted there are some organizations which the County already assists financially on an annual basis, this would be additional assistance to them.  If the list is approved, Mark Mayfield will need a W-9 from those entities.  Eddie Arredondo, County Attorney, wants the public to understand these are not Burnet County funds.  The court is only being asked to allocate these funds.  Judge Oakley reiterated, these are not tax dollars.  He continued by saying many of these organizations had to cancel fundraising opportunities, so this is a great opportunity for them.  
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the list of non-profit organizations for allocation of $100,000 on behalf of Burnet County as funded by the Capitol Area Housing Finance Corporation to various non-profits within Burnet County as presented. The list includes the following organizations: VetRides, Meals on Wheels, Burnet County Child Welfare Board, Family Crisis Network, Hill Country Children's Advocacy Center, CASA - Court Appointed Special Advocates, Boys and Girls Clubs of the Highland Lakes, Community Resource Center - Disaster Relief Fund, Highland Lake Crisis Network, Helping Center and LaCare.

Vote: 5 - 0 Passed - Unanimously

Comm. Beierle asked if the groups on the list had been contacted to see if the funds were needed.  Judge Oakley replied some had been, but not all.  He feels very confident the funds will be welcomed.  Comm. Beierle stated the County funds some of these organizations selected on a normal basis.  While they are all worthy, there are some non-profits the court has not had the opportunity to assist in the past.  Some organizations not considered, also had their fundraisers canceled and were not able to reschedule.  These funds would give the court the ability to assist them.   Comm. Beierle did not want to be taken as not being in support of the organizations chosen.  Judge Oakley liked the non-profits chosen as they help children, elderly, and the hungry.  Comm. Dockery stated this was a very even distribution with a motion and second on the floor.
 
Item #11:
Donation Deed From
E.A. McSwain Survey
The court discussed the acceptance of a donation deed for a 0.26 Acre tract of land out of the E.A McSwain survey No. 847, abstract No. 643 Burnet County, Texas and being a portion of the called 71.5 acres conveyed to Ila Fern Bingham and Glynn Maxine Wall in Volume 720, Page 523, Official Public Records, Burnet County, Texas (O.P.R.B.C.T.). Relating to additional right-of-way on Cr 402.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept a donation deed for a 0.26 Acre tract of land out of the E.A. McSwain survey No. 847, abstract No. 643 Burnet County, Texas and being a portion of the called 71.5 acres conveyed to Ila Fern Bingham and Glynn Maxine Wall in Volume 720, Page 523, Official Public Records, Burnet County, Texas (O.P.R.B.C.T.). Relating to additional right-of-way on Cr 402

Vote: 5 - 0 Passed - Unanimously

 
Item #21:
Texas Community Development
Block Grant Program
The court discussed a Community Development Block Grant in 2019 under the Texas Community Development Block Grant Program, Disaster Relief Fund, from the Texas Department of Agriculture for removal of debris from the flooding disaster in October 2018.

A Public Hearing has been called for 5:05 p.m. on Tuesday, May 12, 2020 in the 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Tx following proper social distancing guidelines.  The purpose of this hearing is to review the program performance of the activities completed under the grant, which will include an explanation of the actual use of the Texas Community Development Block Grant Program funds.  Citizens will be entitled to participate and publicly address the County during the hearing.
 
Item #26:
Department Updates
The court discussed department updates.

Herb Darling, Development Services, updated the court on his department.  There has been some inquiry as to the level of activity in Burnet County with the building industry.  The numbers for the month of April are consistent with the level of activity from the previous year.  This month has continued to be just as busy as last month, perhaps even a bit busier with the Governor's limited opening of the economy.  There are more calls coming in to the office.  His office staff continues to be innovative in the way they are conducting business throughout this event.  Judge Oakley stated he is very proud of how Burnet County has continued to serve the public during these times.

Ben Tarbet, Information Technology, updated the court on his department.  They are in the process of changing the switches in preparation for the new phone system.  They are having to do a number of network changes in the systems due to this.  During these updates, there may be some outages to offices.  His staff is going to different offices each day to make these changes.  If there are any concerns, please contact him.  Judge Oakley thanked Mr. Tarbet and his office on how they have adapted on a technology stand point so staff can work remotely.  He asked what is the timeline for implementation for the new phone system.  Most of the equipment has been received.  He will have a better idea tomorrow after he speaks with the vendor, but it should be no later than the end of June.
 
Item #7:
Discussion/ Action
COVID-19 Virus
There was a comment from the public suggesting the Tax Office should freeze all property tax increases.  Judge Oakley reminded the public Burnet County is not involved with the appraisal of property.  
 
Item #27:
Acknowledgement of Receipt
The court discussed receipt for the MIS Monthly Summary, April Building & Septic Report, RB1 Annual Road Report, RB2 Annual Road Report, and RB3 Annual Road Report.  
 
Item #28:
Contracts, Agreements, or Grants
to be Approved or Ratified
The court discussed the following contracts, agreements or grants to be approved or ratified: Luke’s Asphalt Contract Labor agreement, Ammendment to Bostic Co. contract for work at Historic Jail, and Midwest Metals LLC for work on the new roof at the Sheriff’s Office.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Luke’s Asphalt Contract Labor agreement, Amendment to Bostic Co. contract for work at Historic Jail, and Midwest Metals LLC for work on the new roof at the Sheriff’s Office.

Vote: 5 - 0 Passed - Unanimously

 
Item #29:
Call for Bids
Requests for Proposals/ Qualifications
The court discussed Call for Bids, Requests for Proposals and/ or Qualifications: Authorization to go out for Bid for CR 401S paving project and the Water Management System at the Burnet County Jail.  Karin Smith, County Auditor, is requesting a blanket approval to go out for bids for anything budgeted in the FY2020 Tax Note.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Karin Smith, County Auditor, going out for bid or proposal on any item that has been identified on the FY2020 Tax Note.

Vote: 5 - 0 Passed - Unanimously

 
Item #30:
Consent Agenda
The court discussed approval of the Consent Agenda.  Judge Oakley noted there is a budget amendment for the FY2020 Tax Note.  Each item has been detailed for funding.  Karin Smith, County Auditor, noted the change for the amended budget was approximately $52,000 to now being $53,000.  
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the consent agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

 
Item #31:
Previous Agenda Items
No action was taken on this agenda item.
 
Item #32:
Calendar Review
The court discussed calendar review.
 
Item #12:
Amended Plat
River Hills Ranches
The court discussed an Amended Plat for River Hills Ranches, Phase 1 (lots 42, 43 and 44) to correct a scrivener or clerical error pursuant to 232.011(5) of the Texas Local Government Code.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve an Amended Plat for River Hills Ranches, Phase 1 (lots 42, 43 and 44) to correct a scrivener or clerical error pursuant to 232.011(5) of the Texas Local Government Code.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Public Hearing
Replat
The Hill at Windermere
The court held a Public Hearing of a replat of Lot 3A, the Hill at Windermere, Section Two and a 0.013 acre portion of Common Area North of and adjacent to same to form one lot to be known as Lot 3-B, the Hill at Windermere, Section Two, Burnet County, Texas, followed by discussion and/or Action regarding same.  Judge Oakley asked if there were any comments from the public.  There were none.  Judge Oakley closed the public hearing portion of this item.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of Lot 3A, the Hill at Windermere, Section Two and a 0.013 acre portion of Common Area North of and adjacent to same to form one lot to be known as Lot 3-B, the Hill at Windermere, Section Two, Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Public Hearing
Replat
Windermere Oaks
The court held a Public Hearing of a replat of Lots 154 and 155, Windermere Oaks, Devonshire Section to be known as “Replat of Lot Nos. 154 and 155,Windermere oaks, Devonshire Section, Burnet County, Texas” followed by discussion and action on the same.  The owners are combining the two lots into one lot.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of Lots 154 and 155, Windermere Oaks, Devonshire Section to be known as “Replat of Lot Nos. 154 and 155,Windermere Oaks, Devonshire Section, Burnet County, Texas” followed by discussion and action on the same. The owners are combining the two lots into one lot.

Vote: 5 - 0 Passed - Unanimously

 
Judge Oakley recessed the court at 10:25 a.m. The court will reconvene at 5:05 p.m. for the public hearing.
 
Item #21:
Texas Community Development
Block Grant Program
The Courthouse will be open for the public hearing for the Texas Community Development Block Grant Program.  Judge Oakley explained the public hearing is a formality to close out the Community Development Block Grant reimbursement to the County for expenses incurred in the October 2018 flood.  Karin Smith, County Auditor, stated the reimbursement has been received, this is the final close out. 

Judge Oakley reconvened at 5:05p.m. for the public meeting on agenda item #21: Texas Community Development Block Grant Program.  Judge Oakley called the public hearing to order and opened the meeting to the public.  It shall be noted there were no citizens present at the public hearing.  Judge Oakley closed the public hearing at 5:06p.m.
 
Item #33:
Adjournment
As there was no further business to discuss, Judge Oakley adjourned the meeting at 5:06p.m.