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Minutes for Special Session

The State of Texas       {}
County  of  Burnet       {}             On this the 6th day of July 2020, the Burnet County Commissioners Court met in Special 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:
Carole Poppema, Assistant County Auditor; Shelly Denton; 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.

SPECIAL MEETING DATE: Monday, July 6, 2020 MEETING TIME: 11:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas



1. Call to Order

2. 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.

3. Discussion and/or action regarding the contract labor agreement with JH Miller Co for installation of 2 troughs at the low water crossing before Krause Springs on CR 404 (Dockery)

4. Presentation of a Proclamation for July being “Watch Your Car Month” (Oakley)

5. Presentation of a Proclamation for July being First Responders Month (Oakley)

6. Discussion and/or action regarding the acceptance of a letter of resignation for Don Dudley and the appointment of Beth Dop to Burnet County ESD 1 (Dockery)

7. Discussion and/or action regarding the appointment of Sarah Ray to ESD 5 to replace Joyce Smith (Luther)

8. Discussion and/or action regarding the selection of members to serve on the Salary Grievance Committee (Parker)

9. Discussion and/or action regarding the approval to electronically sign grant for $75,000 for VETRIDE from 2020-2021 Texas Veterans Commission Fund for Veterans General Assistance. Grant period is 7/1/2020-6/30/2021 (Oakley/Smith)

10. Discussion and/or action regarding the proposed work on private property along CR 343A to improve drainage (Wall)

11. Discussion and/or action regarding the proposed work on private property along CR 340 to improve drainage & divert water, in addition to resurfacing a portion of the road (Wall)

12. Discussion and/or action for 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 Ace (HAVA) Election Security for the Burnet County Elections the first $40,000 has no match requirement; and the second will be for the amount not to exceed $80,000 with a 20% match not to exceed $16,000 (Oakley/Smith)

13. Discussion and/or action regarding the review and selection of a quote for five recycling trailers to be funded from the SWAC grant (Dockery)

14. Discussion and/or action regarding a denied exemption request for a 40 acre tract out of BCAD parcel #53297 (Luther)

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

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

17. Acknowledgement of Receipt: (Oakley)
a. 2019 End of year reports from Burnet Co. ESD 8 & Oakalla


18. Discussion and/or action regarding contracts, agreement or grants to be approved and/or ratified (Oakley)
a. Interlocal agreement with Williamson County for inmate transport
b. Contract with Perks Metal Works for Maintenance shop enclosure


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


20. 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.
21. 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 11:00 a.m.
 
Item #2:
Public Comments
There were no comments from the public.

Comm. Dockery stated the Texas Department of Transportation (TXDOT) will be hosting a virtual public meeting July 7, 2020 at 4:00 p.m. on the proposed 2021 Unified Transportation Program (UTP).
 
Item #3:
Agreement
JH Miller CO
The court discussed the contract labor agreement with JH Miller Co for installation of 2 troughs at the low water crossing before Krause Springs on CR 404.  Comm. Dockery stated they are trying to alleviate the collection of water in the roadway at Cypress Creek.  Currently, only one of the existing drains is able to open as the others have become impacted.  Installing these troughs would allow some water to pass without the entire roadway staying wet.
 

Motion was made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the contract labor agreement with JH Miller Co for installation of 2 troughs at the low water crossing before Krause Springs on CR 404.

Vote: 5 - 0 - Unanimously

 
Item #4:
Proclamation
Watch Your Car Month
The court discussed a Proclamation for July being “Watch Your Car Month”.  
 

Motion was made by Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a Proclamation for July being “Watch Your Car Month”.

Vote: 5 - 0 - Unanimously

 
Item #5:
Proclamation
First Responders Month
The court discussed a Proclamation for July being First Responders Month.
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt a Proclamation for July being First Responders Month.

Vote: 5 - 0 - Unanimously

 
Item #6:
Resignation/ Appointment
Burnet County ESD 1
The court discussed the acceptance of a letter of resignation for Don Dudley and the appointment of Beth Dop to Burnet County ESD 1.  
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the letter of resignation for Don Dudley and the appointment of Beth Dop to Burnet County ESD 1.

Vote: 5 - 0 - Unanimously

 
Item #7:
Appointment
Burnet County ESD 5
The court discussed the appointment of Sarah Ray to ESD 5 to replace Joyce Smith.
 

Motion was made by Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the appointment of Sarah Ray to ESD 5 to replace Joyce Smith.

Vote: 5 - 0 - Unanimously

 
Item #8:
Salary Grievance Committee
The court discussed the selection of members to serve on the Salary Grievance Committee.  Public Members selected are: (1) Graciela C Vasquez, (2) Leslie St James, and (3) Dianne Laird.  The alternate public members selected are: (1) Laurie Grady, (2) Katherine Knox, and (3) Rickey Williams.
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to submit the names selected as members, including alternates, to serve on the Salary Grievance Committee.

Vote: 5 - 0 - Unanimously

 
Item #9:
VETRIDE Grant
The court discussed the approval to electronically sign grant for $75,000 for VETRIDE from 2020-2021 Texas Veterans Commission Fund for Veterans General Assistance.  Grant period is 7/1/2020-6/30/2021.  
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve electronically signing the grant for $75,000 for VETRIDE from 2020-2021 Texas Veterans Commission Fund for Veterans General Assistance. The grant period is 7/1/2020-6/30/2021.

Vote: 5 - 0 - Unanimously

 
Item #10:
CR 343A
The court discussed the proposed work on private property along CR 343A to improve drainage.  
 

Motion was made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the proposed work on private property along CR 343A to improve drainage. Judge Oakley noted a correction on the name to reflect Jerri Paul, not Jerry Paul.

Vote: 5 - 0 - Unanimously

Attachments:
 
Item #11:
CR 340
The court discussed proposed work on private property along CR 340 to improve drainage & divert water, in addition to resurfacing a portion of the road.  
 

Motion was made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve proposed work on private property along CR 340 to improve drainage & divert water, in addition to resurfacing a portion of the road.

Vote: 5 - 0 - Unanimously

 
Item #12:
Notice of Grant Awards
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 Ace (HAVA) Election Security for the Burnet County Elections the first $40,000 has no match requirement; and the second will be for the amount not to exceed $80,000 with a 20% match not to exceed $16,000.  
 

Motion was made by Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. 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) Election Security for the Burnet County Elections the first $40,000 has no match requirement; and the second will be for the amount not to exceed $80,000 with a 20% match not to exceed $16,000.

Vote: 5 - 0 - Unanimously

 
Item #13:
Quote for Recycling Trailers
Funded from SWAC Grant
The court discussed the review and selection of a quote for five recycling trailers to be funded from the SWAC grant. 
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to select the quote for five recycling trailers from O'Connor Trailer Sales in the amount of $14,125.00 to be funded from the Solid Waste Advisory Committee (SWAC) grant.

Vote: 5 - 0 - Unanimously

 
Item #14:
Denied Exemption Request
BCAD Parcel #53297
The court discussed a denied exemption request for a 40 acre tract out of BCAD parcel #53297.  Judge Oakley asked if action had been taken in the past.  Herb Darling, Development Services, responded this item had not been brought before the court.  This is a 40 acre tract with a 2,750ft flag pole entrance.  Comm. Luther suggested establishing a committee for flag lots to set some guidelines.  Comm. Dockery and Comm. Wall have agreed to work with Mr. Darling to establish some guidelines for future requests.

The court took no action at this time.
 
Item #15:
Discussion/ Action
COVID-19 Virus
The court discussed topics related to the COVID-19 Virus.

Judge Oakley stated there was a slight chance Dr. Madrigal, Burnet County Health Authority, would be in attendance, but was not present at the time of this item.  He continued with an update on the rise of cases.  Contact tracing is being done by Shelly Denton, County Employee, who is working in conjunction with Dr. Madrigal's office.  

New cases are being reported to the Judge on 2 different levels: locally and by the State.  As Physicians are required to notify both the State and the local Health Authority of positive results, Dr. Madrigal notifies Judge Oakley of positive cases as reported to her on the days she receives the information.  He does not receive reporting of these same positive cases from the State until 4-6 days later.  Judge Oakley's published reports are based on what he receives from the State, not by what is received locally.  There are several new cases, which he is aware of, that have not yet been reported by the state.  Looking at those cases, they are not the result of any one particular gathering, party, or event.  The cases are widespread amongst the County and include all age groups.

Judge Oakley noted an issue with individuals who have either tested positive for the virus or are waiting for their results.  Rather than staying home, those individuals continue to circulate throughout the community.  He understands that enforcement is an issue and can be considered as compromising one's civil liberties, however he stresses if you are not feeling well and believe you are sick, you should stay away from others as to not spread the virus.

Due to the volume of testing, instead of the usual 48-hour turn around, it is now taking up to 9 days.  This is difficult when you have jail personnel or a first responder who may have been exposed, as they must self-quarantine and wait to see if the virus goes through a gestation period, or they are waiting for their test results.  Alternate testing opportunities have been identified for priority type cases for first responders and jail personnel.  There is a quick test out there which is not available due to the high demand.  There is a test available which is saliva based, not a nasal swab.  Judge Oakley has spoken to the representative regarding the specifics of this test.  A prepaid kit is available and can only be administered by a physician. Due to FDA rules, it must go through the State reporting system.  There is an opportunity for the County to order these kits when a test result is needed quickly.  Once the sample is received at the facility, there is an 8-10 hour turn around.  Any expenses incurred by these test kits may be purchased with funds from the CARES Act.  After speaking with Dr. Madrigal, she thinks this is the best option.  The cost of each kit is $99.00 and is FDA approved.  This kit has all the items needed to perform the test and includes the shipping fee.  Judge Oakley would like to purchase 100 kits to have readily available. This test would be beneficial when there is an employee who has been exposed and must quarantine, resulting in reduced staffing.  Reduced staff means fewer inmates being accepted at the jail, which results in lost revenue. From an economic stand point, the test will pay for itself.  These would be purchased with CARES Act funds, not tax dollars.  Judge Oakley is requesting the court to allow himself, the auditor, and the health authority to move forward with the saliva based kits, without an invoice, if they are all in agreement with an expenditure of up to $10,000.00 for those tests.  It would be up to the health authority to triage and prioritize who would be eligible for that test, based on certain conditions. 
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to allow the County Judge to work in conjunction with the County Health Authority to move forward with obtaining the saliva test with an expenditure of ten thousand dollars. The Auditor is to be included in that discussion as well.

Vote: 5 - 0 - Unanimously

Comm. Beierle asked if there is any latitude to allow test kits to be used by the volunteer fire departments or would they need to obtain their own testing kits through the ESD.  Judge Oakley responded possibly, we would need to work with the health authority to make sure there was a need for the prioritization of those individuals as we do not want to go through the test kits too quickly.  Comm. Beierle rephrased his question and asked if financially, as a County, could we give the VFD a kit.  Judge Oakley explained the kits could not go to an individual, it must go through the health care provider as they are the one who will receive the kit and are required to report it to the state reporting agency.  He is not saying a test kit could not be provided, however it would need to be prescribed by the Health Authority.  He wants to be cautious to avoid running out of test kits. 

Judge Oakley would like to keep moving forward on the instant test as the machine is only a couple thousand dollars and there is no variable cost in using it.  However, it is unable to be ordered at this time as it is in high demand and not available at this time.  

Comm. Wall inquired if this was more for County employees and first responders.  Judge Oakley responded it would be for those who have an essential job function, where there is a priority to obtain a quick result, as waiting on test results affects other job functions.

Comm. Luther is absent from the meeting.
Comm. Luther is present in court.
 
Item #16:
Department Updates
Herb Darling, Development Services, gave an update on his department.  He is reporting June to be one of the busiest months his office has experienced.  There has been a high volume of phone calls from developers and approximately 87 new address requests.  
 
Item #14:
Denied Exemption Request
BCAD Parcel #53297
Comm. Luther requested to reopen this agenda item for further discussion.  He stated this is a unique item as it has already happened.  He asked Herb Darling, Development Services, if a variance could be done for this one flag?  Mr. Darling replied there is an ongoing issue with surveyors who are not from the area.  Statutorily, surveyors are required anytime they change the physical boundaries of a piece of property to notify their clients in writing to contact the local governing entity, which did not take place.  This is a unique situation as the people had purchased the property and closed before they applied for the exemption.  It is up to the court to decide if they want issue a variance for this particular situation.  
 

Motion was made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a variance of a previously denied exemption request for a 40 acre tract out of BCAD parcel #53297.

Vote: 5 - 0 - Unanimously

 
Item #17:
Acknowledgement of Receipt
The court discussed receipt of the 2019 End of year reports from Burnet Co. ESD 8 & Oakalla VFD.
 
Item #18:
Contracts, Agreements, or Grants
to be Approved or Ratified.
The court discussed an interlocal agreement with Williamson County for inmate transport and a Contract with Perks Metal Works for Maintenance shop enclosure.
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Interlocal agreement with Williamson County for inmate transport and a Contract with Perks Metal Works for Maintenance shop enclosure.

Vote: 5 - 0 - Unanimously

 
Item #19:
Call for Bids
Requests for Proposals/ Qualifications
The court discussed Bids for a pneumatic roller.  This will be for the use of all precincts, and is to be paid from the R&B General 2020 tax notes.  Comm. Dockery went over the bids submitted.  He wanted to clarify the bid from Nueces Power and Equipment (NPE) for $68,035.79 includes sales tax, from which Burnet County is exempt.  The net bid will be $62,929.45.  Comm. Dockery stated the lowest bidder is the best option.  An after market warranty can be researched to obtain one if the court decides to select this bid.  He cannot give a quote at this time.  Comm. Dockery's recommendation is to go with the Nueces Power and Equipment 2016.
 

Motion was made by Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the bid by Nueces Power and Equipment (NPE) as submitted for $68, 035.79 less the sales tax.

Vote: 5 - 0 - Unanimously

 
Item #20:
Consent Agenda
The court discussed approval of the consent agenda.  
 

Motion was 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 - Unanimously

Attachments:
 
Item #21:
Adjournment
As there was no further business to discuss, Judge Oakley adjourned the meeting at 11:55 a.m.