Skip to main content

AgendaQuick™

Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 9 day of June 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; 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, June 9, 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 and update from the Community Resource Center as well as current and future Disaster Fund management as defined in the Burnet County Emergency Management Plan, Annex T (Oakley)

5. Discussion and/or action regarding the appointment of Tim Ols to the Workforce Development Board (Oakley)

6. Discussion and/or action regarding approval to enter onto private property at the NE corner of CR 410/CR 404 to remove a fallen tree thereby protecting public safety by improving visibility at the traffic intersection (Dockery)

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

8. Discussion and/or action to please consider the request to waive or reduce the tax penalty for property ID number 103235 (Oakley)

9. Discussion and/or action regarding the renewal contract for LESO (military equipment) for Constable 4 (Bindseil)

10. Discussion and/or action regarding permission for RB1 to purchase a tractor using the 2020 tax note (Luther)

11. Discussion and/or action for approval to amend all VETRIDE paid driver independent contractor contracts to reflect an increase in the hourly rate from $10/hr to $12/hr effective July 1, 2020. VETRIDE driver contracts are paid by a General Assistance grant from Texas Veterans Commission (18 contract amendments). (Smith/Oakley)

12. This is a second public hearing due to missing Spanish translations on the posted notices.

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, June 9, 2020 in the 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas following proper social distancing guidelines. The purpose of this hearing is to review the program performance of the activities completed under this 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)

13. Discussion and/or action regarding the Final Plat of Hurst Subdivision, Phase One (Beierle)

14. Discussion and/or action regarding the a Replat of Lots 106-B and 108-A, Replat of Lot 106-A, Windermere Oaks, Essex Section, a subdivision located in Burnet County, Texas as shown on Plat recorded in Cab. 4, Slide 1B of the Plat records of Burnet County, Texas (Dockery)

15. Discussion and/or action regarding a Replat of Lot 105, Windermere Oaks, Essex Section, and Lot 107-A, Replat of Lots 107 and 109, Windermere Oaks, Essex Section (Dockery)

16. Discussion and/or action regarding the Burn Ban for the unincorporated areas of Burnet County (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)

21. Acknowledgement of Receipt: (Oakley)
a. RB4 2020 Annual Report
b. Texas Commission on Jail Standards Report
c. TCEQ Notice of Receipt
d. MIS Summary
e. Marble Falls Area EMS monthly report

22. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
  1. Agreement for Medical Services between Burnet County and Dr. Madrigal
  2. Agreement with Hidden River Ranch Event Center for use of their venue for the employee appreciation dinner
  3. Contract Labor Agreement with T-Buckets Welding for work on the new roof at the Pct. 2 barn
  4. Contract agreement w/ the City of Burnet to run power to the Jail Storage Barn
23. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)

24. 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.
25. Discussion regarding any previous agenda items.

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.
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00 a.m.  Judge Oakley stated Commissioners Court will resume being held according to the statutory requirements.  The Courthouse is open and available for the public to attend meetings in person.
 
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 offered his condolences to the family and paid his respects to the life of Carroll McCoy, former Burnet County Commissioner Precinct 2.  Comm. Beierle also offered his condolences and asked for prayers for the family as they grieve at this time.  
Attachments:
 
Item #4:
Presentation/ Update
Community Resource Center
The court heard a presentation and update from the Community Resource Center as well as current and future Disaster Fund management as defined in the Burnet County Emergency Management Plan, Annex T.  Donna Klaeger, Executive Director for the Community Resource Center (CRC), began by thanking Judge Oakley for the support of the Community Resource Center and project committee who have worked in implementing the process of the Burnet County Disaster Relief Fund.  Ms. Klaeger detailed the operation of this organization and how it assists the community, including how funds are managed.  The Special Fund was executed after the Flood Event of 2018 and has been held at the Austin Community Foundation since that time.  Ms. Klaeger wanted to address the Burnet County Capitol Area Housing Foundation donation designation.  At the May 26th Commissioners Court, a motion was made to withdraw the allocation to the Community Resource Center-Disaster Relief Fund as a W-9 form was not provided.  Ms. Klaeger states the funds were not going to the CRC, therefore they did not need to produce a W-9.  After explaining the process to the Court, Attorney Eddie Arredondo, and Auditor Karin Smith, Ms. Klaeger hopes future funds will not be diverted from the Relief Fund.  Judge Oakley responded by explaining the allocation of funds came with these two rules: funds were to serve Burnet County Residents and the entity had to produce a copy of the W-9.  Ms. Klaeger thanked the court for their confidence and guidance.
 
Item #13:
Final Plat
Hurst Subdivision, Phase One
The court discussed the Final Plat of Hurst Subdivision, Phase One.  
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Final Plat of Hurst Subdivision, Phase One.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Appointment of Tim Ols
Workforce Development Board
The court discussed the appointment of Tim Ols to the Workforce Development Board.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the appointment of Tim Ols to the Workforce Development Board.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Access to Private Property
On CR 410/ CR 404
The court discussed approval to enter onto private property at the NE corner of CR 410/CR 404 to remove a fallen tree thereby protecting public safety by improving visibility at the traffic intersection.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve entry onto private property at the NE corner of CR 410/CR 404 to remove a fallen tree thereby protecting public safety by improving visibility at the traffic intersection.

Vote: 5 - 0 Passed - Unanimously

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

Judge Oakley reported there have been 52 total cases in Burnet County since March 22.  The majority of those cases are listed as recovered.  The National Guard have asked to return to conduct more testing.  Judge Oakley responded they were welcome to return for additional testing.  The Burnet Fire Department is holding anti-body testing.  You may contact them to schedule an appointment or inquire with any questions.

Karin Smith, County Auditor, stated her office has applied for funding for the jail through CAPCOG and should have a response within the next couple of weeks.  This Grant closes June 15, 2020.  We have received a deposit of approximately $252,000.00 for the CARES Act.  The County has also applied for approximately $46,000.00 from the Help America Vote Act (HAVA) to help with elections.  Ms. Smith also reports revenue streams are still down in the courts.  This is mainly due to a lack of citations being issued and changes to state rules and regulations in the last legislative session.  Hotel and Motel revenue is still down at this time.  The jail numbers have increased.  Revenue had dipped but have recovered quickly.  She commended Matt Kimbler, Captain, for the great job he is doing at the jail.

Judge Oakley stated the Courts are still operating, however they are not at full capacity in regard to holding court with juries.  After speaking with District Judges, this is anticipated to begin in August.  The Grand Jury was able to meet last week, but are dealing with quite a few cases as they had previously been postponed.

Comm. Dockery asked the Auditor regarding two message boards being eligible for funding through the CARES Act.  Ms. Smith replied she was still researching to see if those are eligible.  She assumes they would be, but is waiting on clarification.  Comm. Dockery stated the message boards would be used to specifically communicate with the public.  
 
Item #8:
Request to Waive
or Reduce Tax Penalty
The court discussed the request to waive or reduce the tax penalty for property ID number 103235.  Judge Oakley stated there are specific guidelines to allow for this request, however the reason in this case is not applicable.  Judge Oakley asked if there was a motion on this item.  There was no response.  The Judge asked a second time if there was a motion.  Again, there was no response.  The court took no action on this item.
 
Item #9:
Renewal Contract for
LESO for Constable 4
The court discussed the renewal contract for LESO (military equipment) for Constable 4.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the renewal contract for LESO (military equipment) for Constable 4.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Road & Bridge 1
Purchase of a Tractor
The court discussed permission for RB1 to purchase a tractor using the 2020 tax note.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve RB1 to purchase a tractor in the amount of $37,165.98, using the 2020 tax note.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #11:
VETRIDE Drivers
The court discussed approval to amend all VETRIDE paid driver independent contractor contracts to reflect an increase in the hourly rate from $10/hr to $12/hr effective July 1, 2020.  VETRIDE driver contracts are paid by a General Assistance grant from Texas Veterans Commission (18 contract amendments).  Contracts are normally done on October 1, therefore this will be a mid-year amendment.  Comm. Dockery asked if this was reflected in the last grant cycle.  Karin Smith, County Auditor, responded this Grant begins July 1 and is 100% covered by the Grant.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve amending all VETRIDE paid driver independent contractor contracts to reflect an increase in the hourly rate from $10/hr to $12/hr effective July 1, 2020. VETRIDE driver contracts are paid by a General Assistance grant from Texas Veterans Commission (18 contract amendments).

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Texas Community Development
Block Grant Program
This is a second public hearing due to missing Spanish translations on the posted notices.
 
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, June 9, 2020 in the 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas following proper social distancing guidelines.  The purpose of this hearing is to review the program performance of the activities completed under this 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 #16:
Burn Ban
The court discussed the Burn Ban for the unincorporated areas of Burnet County.  Judge Oakley stated this was added to the agenda for discussion as we are headed towards hotter and drier weather.  Herb Darling, Development Services, said people need to use extreme caution regardless of a burn ban being in effect.  Judge Oakley stressed the importance of notifying the Sheriff's office at 512-756-8080 to ask if conditions allow for burning.  Also, this will make dispatch aware of a burn if anyone reports a fire.  Comm. Dockery raised the subject of conditions not being favorable for fireworks.

There is no action on this item at this time.
 
Item #20:
Department Updates
The court discussed department updates.

Herb Darling, Development Services, updated the court on his department.  His office remains busy as they have received several new address requests and building and septic permits.

Sara Ann Luther, Human Resources, updated the court on Security Awareness Training Certification (House Bill 3834).  The training is required to be completed by all State and Local Employees who have access to Government computers.  Reminders have been sent out to employees who have not completed the course.  Comm. Dockery had received an email from the Texas Association of Counties regarding this topic. It stated there is no specific penalty for an elected officer who fails to complete the required cybersecurity training.  However, it could result in an uninsured loss by the county and could be the basis for a removal action under Chapter 87, Local Government Code for failure to perform a mandatory duty of the office. There are concerns this could create a financial liability to the County if there was a breach by an employee who failed to complete the training.  Judge Oakley asked Ms.Luther to notify the department heads of those who have not yet completed the training to encourage their employees to complete before the deadline of June 14th. 

Matt Kimbler, Captain, was asked by Judge Oakley how many inmates are currently at the Burnet County Jail.  Mr. Kimbler stated they estimate to be at 450 shortly.

Mike Cummings, Chief Deputy, gave an update to the court.  Work continues at the dispatch center, as flooring is being installed.  Once completed, consoles and furniture will be installed next.  Erin Chaney, Communications Officer, will be sworn in as Deputy today.  Judge Oakley stated he is proud of our law enforcement and how they represent the County, especially during these times of scrutiny.  Chief Deputy Cummings also asked if the court was aware of planned activities.  Judge Oakley said yes, he was aware of the event in Marble Falls on June 13 and in Burnet on June 14.
 
Item #17:
Executive Session
The court took no action on this agenda item.
 
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 #21:
Acknowledgement of Receipt
The court discussed receipt of the RB4 2020 Annual Report; Texas Commission on Jail Standards Report; TCEQ Notice of Receipt; MIS Summary; and Marble Falls Area EMS monthly report.

Judge Oakley thanked Matt Kimbler, Captain, on achieving a good report from the Texas Commission on Jail Standards.
 
Item #22:
Contracts, Agreements, or Grants
to be Approved or Ratified
The court discussed an Agreement for Medical Services between Burnet County and Dr. Madrigal; Agreement with Hidden River Ranch Event Center for use of their venue for the employee appreciation dinner; Contract Labor Agreement with T-Buckets Welding for work on the new roof at the Pct. 2 barn; and Contract agreement w/ the City of Burnet to run power to the Jail Storage Barn.

Judge Oakley spoke of the Agreement for Medical Services between Burnet County and Dr. Madrigal.   As the level of involvement dealing with the COVID-19 Pandemic has become more than the position was intended for, discussions began in regard to compensating the Local Health Authority during this time.  The Coronavirus Aid, Relief, and Economic Security Act (CARES) Act allows for the expenditure, managing, and mitigating the COVID response and management.  After discussions between Judge Oakley, County Attorney Eddie Arredondo, County Auditor Karin Smith, and Burnet County Health Authority Dr. Madrigal, a service agreement has been prepared in the amount of $3500 per month in compensation for Dr. Madrigal.  This agreement is for the duration of 6 months, with an opportunity for expansion, retroactively beginning March 2020.  These funds are from the CARES Act and not from the general tax fund.    Karin Smith stated the CARES Act has a 75% and 25% categories.  This will fall under the 75% category with plenty of funding available.

Matt Kimbler, Captain, presented the two bids offered by the City of Burnet to run power to the Jail Storage Barn.  The option for the cost of $22,046.43 was selected.  This option is highlighted in Blue on the attached document.  Judge Oakley is asking for authority to enter in to the agreement without a contract drawn up at this time.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Agreement for Medical Services between Burnet County and Dr. Madrigal, Agreement with Hidden River Ranch Event Center for use of their venue for the employee appreciation dinner, Contract Labor Agreement with T-Buckets Welding for work on the new roof at the Pct. 2 barn, and to provide Judge Oakley the authority to enter into a contract agreement with the City of Burnet to run power to the Jail Storage Barn after review from the County Attorney.

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
Call for Bids
Requests for Proposals/ Qualifications
The court took no action.
 
Item #24:
Consent Agenda
The court discussed approval of the 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

 
Item #25:
Previous Agenda Items
The court took no action.
 
Item #26:
Calendar Review
The court discussed calendar review.
 
Item #14:
Replat
Windermere Oaks
The court took no action.
 
Item #15:
Replat
Windermere Oaks
The court took no action.
 
Judge Oakley recessed the court at 10:15 a.m. The court will reconvene at 5:05 p.m. for the public hearing.

The court reconvened at 5:05 p.m.
 
Item #12:
Texas Community Development
Block Grant Program
This is a second public hearing due to missing Spanish translations on the posted notices.
 
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, June 9, 2020 in the 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas following proper social distancing guidelines.  The purpose of this hearing is to review the program performance of the activities completed under this 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.  

Commissioner Luther reconvened the meeting at 5:05 p.m. on agenda item #12: Texas Community Development Block Grant Program.  Comm. Luther asked if there was anyone present to address this topic.  There was no response. He asked a second time if anyone was here for this meeting. Again, there was no response.  It is noted there were no citizens present at this public hearing.  Comm. Luther reiterated the meeting was opened at 5:05 p.m. and will close the meeting at 5:06 p.m.
 
Item #27:
Adjournment
Commissioner Luther adjourned the meeting at 5:06 p.m.