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Minutes for Regular Session

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The State of Texas {}
County of Burnet   {}      On this the 26th 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; Karin Smith, County Auditor; Stephanie Sherrill, Clerk
 
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 26, 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 the TAC HEBP Renewal – FY 21 (S. Luther)

5. Discussion and/or action regarding the approval for the Sheriff’s Office to apply for the Bulletproof Vests Partnership Program through the Office of Justice Programs at the Department of Justice (Oakley/Smith)

6. Discussion and/or action regarding the approval to accept awards and electronically sign the Notice of Grant Awards from the Texas Secretary of State for the 2020 HELP AMERICA BOTE ACT (HAVA) Cares Act for the Burnet County Elections in the amount not to exceed $46,106.31 with a 20% match not to exceed $9,221.26; the 2018 Election Security Grant will be for the amount not to exceed $80,000 with a match not to exceed $16,000. Approval to sign resolution to be used for all three of the HAVA grants (Oakley/Smith)

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

8. Discussion and/or action regarding the approval of FY 21 Budget Policy (Smith)

9. Discussion and/or action regarding the approval for Pct. 4 to purchase two (2) mowing tractors. Funded by 2020 tax note proceeds and purchased through the Buy Board (Dockery)

10. Discussion and/or action concerning re-allocation of $10,000 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 permission for RB2 to purchase a shredder and tractor using the 2020 tax note (Beierle)

12. Discussion and/or action regarding the approval of County Clerk Records Management Officer Position, to be funded by CC Records Management Funds (Parker)

13. Discussion and/or action regarding the Replat of Lots 1, 2, 50 & 51, Cloudwood Ranch, Phase one, a subdivision located in Burnet County, Texas, as shown on the Plat Recorded in Doc. No. 201808696 of the OPR of Burnet County, Texas (Beierle)

14. Discussion and/or action regarding the Replat of Lots 92 & 93, Ridge Harbor Subdivision, a subdivision located in Burnet County, Texas, as shown on the Plat Recorded in Cab. 1, Slide 190c, of the Plate Records of Burnet County, Texas (Dockery)

15. Discussion and/or action regarding final 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 variance from the Burnet County Subdivision Regulations by Zachery Hamilton to create 3 tracts out of the 128.789 acres of the Benjamin McKinney Svy., Abst. 580, located between 105 Flying B Ranch Road and CR 264 (Beierle)

17. Discussion and/or action concerning a variance from the Burnet County Subdivision Regulations by David Peck for a 2 acre tract out of 12.5 acres of the D.B. Smith Svy., Abst. 1335, located at 6030 CR 223 (Beierle)

18. 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).

19. Reconvene in Open Session. (Oakley)

20. 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)

21. Discussion and/or action regarding Department Updates: (Oakley)
a. Treasurer’s Report – April
b. Human Resources

22. Acknowledgement of Receipt: (Oakley)
a. Project Notification from SWCA
b. Cassie VFD Run Reports Jan – March 2020

23. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)

24. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)
  1. Go out of bids for a used pneumatic roller. Roller will be for the use of all precincts, and is to be paid from the R & B General 2020 tax notes

25. 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.
Correspondence.

26. Discussion regarding any previous agenda items.

27. Calendar Review.

28. 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
Judge Oakley led the court with the invocation and pledges.
 
Item #3:
Public Comments
Judge Oakley stated for the record Commissioners Court is being held in the regular manner as the Courthouse is open.  This meeting will also be held through Facebook Live.  Those with comments or questions may comment throughout the meeting.
 
Item #13:
Replat
Cloudwood Ranch
The court discussed the Replat of Lots 1, 2, 50 & 51, Cloudwood Ranch, Phase one, a subdivision located in Burnet County, Texas, as shown on the Plat Recorded in Doc. No. 201808696 of the OPR of Burnet County, Texas.  
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Replat of Lots 1, 2, 50 & 51, Cloudwood Ranch, Phase one, a subdivision located in Burnet County, Texas, as shown on the Plat Recorded in Doc. No. 201808696 of the OPR of Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #14:
Replat
Ridge Harbor
The court discussed the Replat of Lots 92 & 93, Ridge Harbor Subdivision, a subdivision located in Burnet County, Texas, as shown on the Plat Recorded in Cab. 1, Slide 190c, of the Plate Records of Burnet County, Texas.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Replat of Lots 92 & 93, Ridge Harbor Subdivision, a subdivision located in Burnet County, Texas, as shown on the Plat Recorded in Cab. 1, Slide 190c, of the Plat Records of Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #15:
Final Plat
Spicewood Ridge
The court discussed final plat approval for Spicewood Ridge a public subdivision consisting of 8 lots on 4.913 acres located at 3676 CR 410.  Judge Oakley had concerns regarding the safety of the location of the entrance.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat approval for Spicewood Ridge, a public subdivision consisting of 8 lots on 4.913 acres located at 3676 CR 410.

Vote: 4 - 1 Passed

Nay:
County Judge James Oakley
 
Item #16:
Variance
Zachery Hamilton
The court discussed a variance from the Burnet County Subdivision Regulations by Zachery Hamilton to create 3 tracts out of the 128.789 acres of the Benjamin McKinney Svy., Abst. 580, located between 105 Flying B Ranch Road and CR 264.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a variance from the Burnet County Subdivision Regulations by Zachery Hamilton to create 3 tracts out of the 128.789 acres of the Benjamin McKinney Svy., Abst. 580, located between 105 Flying B Ranch Road and CR 264.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #17:
Variance
David Peck
The court discussed a variance from the Burnet County Subdivision Regulations by David Peck for a 2 acre tract out of 12.5 acres of the D.B.  Smith Svy., Abst. 1335, located at 6030 CR 223.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a variance from the Burnet County Subdivision Regulations by David Peck for a 2 acre tract out of 12.5 acres of the D.B. Smith Svy., Abst. 1335, located at 6030 CR 223.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #12:
County Clerk Records
Management Officer Position
The court discussed the approval of County Clerk Records Management Officer Position, to be funded by CC Records Management Funds.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the County Clerk Records Management Officer Position, to be funded by County Clerk Records Management Funds.

Vote: 5 - 0 Passed - Unanimously

 
Item #4:
Texas Association of Counties
Health & Employee Benefits Plan Renewal
The court discussed the TAC HEBP Renewal – FY 21.  Sara Ann Luther, Human Resources, stated HEBP stands for Health and Employee Benefits Plan.  The renewal rates were received with an overall reduction of 3%.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Texas Association of Counties (TAC) Health and Employee Benefits Plan (HEBP) Renewal for FY 2021.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #21:
Department Updates
The court discussed department updates.  

Sara Ann Luther, Human Resources, apprised the court of the renewal rates for the Texas County District Retirement System for 2021.  There was a 1/2 % decrease in the required contribution.  Ms. Luther was told to expect an increase in rates for 2022.  She and Karin Smith, County Auditor, have discussed plans in the budget to prepare for those increases.  
 
Item #5:
Bulletproof Vests
Partnership Program
The court discussed the approval for the Sheriff’s Office to apply for the Bulletproof Vests Partnership Program through the Office of Justice Programs at the Department of Justice.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Sheriff’s Office application for the Bulletproof Vests Partnership Program through the Office of Justice Programs at the Department of Justice.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Resolution
Help America Vote Act
The court discussed the approval to accept awards and electronically sign the Notice of Grant Awards from the Texas Secretary of State for the 2020 HELP AMERICA VOTE ACT (HAVA) Cares Act for the Burnet County Elections in the amount not to exceed $46,106.31 with a 20% match not to exceed $9,221.26; the 2018 Election Security Grant will be for the amount not to exceed $80,000 with a match not to exceed $16,000.  Approval to sign resolution to be used for all three of the HAVA grants.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve acceptance of awards and electronically sign the Notice of Grant Awards from the Texas Secretary of State for the 2020 HELP AMERICA VOTE ACT (HAVA) Cares Act for the Burnet County Elections in the amount not to exceed $46,106.31 with a 20% match not to exceed $9,221.26; the 2018 Election Security Grant will be for the amount not to exceed $80,000 with a match not to exceed $16,000. Approval to sign resolution to be used for all three of the HAVA grants.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #7:
Discussion/ Action
COVID-19 Virus
The court discussed topics related to the COVID-19 virus.  

Judge Oakley gave an update based on the latest report from the State.  Of all positive cases diagnosed in Burnet County, there are 4 cases which are not recovered and none are currently hospitalized.  At the May 12 testing, by the National Guard in Marble Falls, there were 70 tests administered with all results being negative.  Judge Oakley is hoping to get information out soon regarding antibody testing.

A question was asked regarding the rules for servers wearing masks in restaurants and drive through's.  Judge Oakley directed those concerns to the Governor's Order, which is posted on the Burnet County website.  The Governor's office can be reached at 512-463-1782.  He recommends reading the Order prior to contacting the office.
 
Item #21:
Department Updates
Karrie Crownover, Burnet County Treasurer, presented the Treasurer's report for April 2020.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept the April 2020 Treasurer's report.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #8:
FY 21 Budget Policy
The court discussed the approval of FY 21 Budget Policy.  Karin Smith, County Auditor, stated this is the same budget policy which was used the previous year.  There is one change to Sec. 7, No. 2: the Fleet Policy contains a language clarification.  
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the FY 21 Budget Policy.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #9:
Precinct 2
Purchase of Two Mowing Tractors
The court discussed the approval for Pct. 4 to purchase two (2) mowing tractors.  Funded by 2020 tax note proceeds and purchased through the Buy Board.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Pct. 4 to purchase two (2) mowing tractors. Funded by 2020 tax note proceeds and purchased through the Buy Board

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #10:
Re-Allocation of Funds
Capitol Area Housing Finance Corporation
The court discussed the re-allocation of $10,000 on behalf of Burnet County as funded by the Capitol Area Housing Finance Corporation to various non-profits within Burnet County.  On May 12, the court selected various non-profits in Burnet County to receive funds from the Capitol Area Housing Finance Corporation contingent on a W-9 being provided.  Karin Smith, County Auditor, was unable to obtain a W-9 from the Community Resource Center Burnet County Disaster Relief Fund.  The Tax ID number provided is for an organization called Austin Community Foundation for the Capitol Area, which does not meet the criteria.  Her recommendation is not to make that allocation.  Judge Oakley recommended $10,000 be split evenly between Joseph's Pantry in Granite Shoals and the Bertram Food Pantry.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the re-allocation of $10,000 on behalf of Burnet County as funded by the Capitol Area Housing Finance Corporation to various non-profits within Burnet County.

Vote: 5 - 0 Passed - Unanimously

Eddie Arredondo, County Attorney, asked for clarification to the motion.  Judge Oakley stated the motion would be to withdraw the original allocation request to go from the Community Resource Center- Disaster Relief Fund to be split between Joseph's Food Pantry and the Bertram Food Pantry.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to withdraw the allocation to the Community Resource Center- Disaster Relief Fund and allocate the funds to Joseph's Food Pantry and the Bertram Food Pantry.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #11:
Road & Bridges 2
Purchase of Shredder & Tractor
The court discussed permission for RB2 to purchase a shredder and tractor using the 2020 tax note.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve Road & Bridges Precinct 2 to purchase a shredder and tractor using the 2020 tax note.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #18:
Executive Session
The court took no action on this agenda item.
 
Item #19:
Executive Session
The court took no action on this agenda item.
 
Item #20:
Executive Session
The court took no action on this agenda item.
 
Item #22:
Acknowledgment of Receipt
The court discussed receipt of Project Notification from SWCA and Cassie VFD Run Reports Jan – March 2020.
Attachments:
 
Item #23:
Contracts, Agreements, or Grants
to be Approved or Ratified.
The court took no action.  
 
Item #24:
Call for Bids
Requests for Proposals/ Qualifications
The court discussed Call for Bids, Requests for Proposals and/ or Qualifications for a used pneumatic roller.  Roller will be for the use of all precincts, and is to be paid from the R & B General 2020 tax notes.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a call for bids for a used pneumatic roller. The roller will be for the use of all precincts, and is to be paid from the R & B General 2020 tax notes.

Vote: 5 - 0 Passed - Unanimously

 
Item #25:
Consent Agenda
The court discussed approval of the 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 in its entirety.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #26:
Previous Agenda Items
Judge Oakley updated the court regarding the computer virus incident which occurred in December 2019.  He reports the conversation between Counsel and the Vendor has been positive.

Karin Smith, County Auditor, informed the court the ESD 8 Oakalla & Briggs Fire Department Reports will be delayed.
 
Item #27:
Calendar Review
The court discussed calendar review.
 
Item #3:
Public Comments
Commissioner Beierle reported on the number of structure fires in the North part of the County.  He wanted to recognize and thank the various Fire Departments and First Responders for working together.  He also reminded citizens to notify the Sheriff's Office before burning to ensure conditions are safe.
 
Item #7:
Discussion/ Action
COVID-19 Virus
A question was asked in regard to when the County will resume Probate hearings.  Judge Oakley responded by saying Probate Court has not stopped, they have continued via teleconferencing.  All Courts are coordinating with the Office of Court Administration (OCA) to be congruent when they resume Court in person at the Courthouse.

Judge Oakley stated the Courthouse is open and Commissioner Court meetings are once again open to the public.  The question has come up whether to continue broadcasting meetings on Facebook Live, which is not required.  There have been instances where the format has been used for inappropriate communication from viewers which is not well-received.  Moving forward, Commissioner's Court will resume in person.  Judge Oakley asks if there are questions to be answered, please contact the Courthouse at 512-756-5420.  Comm. Beierle added if anyone would like a copy of the minutes, they may request them from the County Clerk's office.
 
Item #28:
Adjournment
As there was no further business to discuss, Judge Oakley adjourned the meeting at 9:55 a.m.