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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 9th day of March 2021, the Burnet County Commissioners Court met in regular session. The following members of the court were present:
Present:
County Judge James Oakley; Commissioner Precinct 1 Jim Luther, Jr.; Commissioner Precinct 2 Damon Beierle; Commissioner Precinct 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Attendees:
Stephanie McCormick, Comm. Court Coordinator; Janet Parker, County Clerk; Carole Poppema, Assistant County Auditor; Karin Smith, County Auditor
 
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, March 9, 2021 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 a resolution designating Burnet County a Second Amendment Sanctuary County (Oakley)

5. Discussion and/or action presented by Debi King, Victim Coordinator and Liaison. Review and approve the Burnet county Sheriff’s Office Victim Services Unit Volunteer Program including program flier, volunteer requirements, Code of Ethics, Volunteer policies, Volunteer Personal & Property Coverage, Volunteer Property Use Return Agreement and Volunteer Waiver. The waiver is required by the Office of the Governor, Public Safety Office, Criminal Justice Division, General Victim Assistance Grant Program (Oakley/Boyd)

6. Discussion and/or action as necessary regarding the County’s responsibility for Death Calls (Oakley/Smith)

7. Discussion and/or action concerning annual membership to South Texas Judge and Commissioner’s Association (Oakley)

8. Presentation from Noe Reyes of MVBA regarding the Delinquent Tax Collections Report (Oakley)

9. Discussion and/or action regarding the purchase of a laptop, docking station, two monitors, wireless keyboard and mouse; Docking station and second monitor for counter, laptop moving to Juvenile Case Manager’s desk. Quote is for $2,993.93 to be paid out of the JP #2 technology fund (Whitehead)

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

11. Discussion and/or action regarding the review and acceptance of quotes for the demolition of a manufactured home at 212 Vera in Spicewood Beach as previously authorized by Commissioners Court. To be funded out of the County general fund (Dockery)

12. Discussion and/or action for the acceptance of grant from Wink to Webster Pipeline, LLC in the amount of $7,398 to provide financial support to the Burnet County Sheriff’s Office (Oakley)

13. Presentation from Terri Thompson, Program Director for Air Evac (Oakley)

14. Discussion and/or action a replat of Lots 4A and 5A, Kingsland Ranch to be known as Lots 4B and 5B, Kingsland Ranch, adjusting a lot line (Luther)

15. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulation by Sandra Radosavjevic for a 6.567 acre tract out of a 29,567 acre tract located at 700 Highway 183, BCAD parcel #52627 (Beierle)

16. Discussion and/or action concerning any topics related to the COVID-19 virus (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).
a. Discussion with legal counsel regarding potential acquisition of land inside of Burnet County from private donation.

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)
  1. Regarding potential private donation of land to Burnet County

20. Discussion and/or action regarding Department Updates: (Oakley)
Treasurer’s Report – approval of monthly reports from November and December 2020 and acceptance of Treasurer’s Quarterly Investment Report – Qtr. FY21 (Oct-Dec)

21. Acknowledgement of Receipt:
a. Update report from Marble Falls Area EMS from February 19, 2021
b. TCEQ

22. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
(Oakley)
  1. Contract labor agreement with Texas Materials for crack sealing various roads in Pct. 4
  2. Interlocal agreement for library support with the City of Marble Falls
  3. Approval of the Independent Contractor Agreement changing a volunteer driver for Vetride to paid driver: Jesse Lofgreen
  4. Contract labor agreement with 4M Unlimited for the concrete work to be done at the maintenance shop
  5. Inmate Housing agreement with Tom Green County
  6. Approval of the Independent Contractor Agreements for new drivers for Vetride: W. Johnson, A. Orosco, V. Orosco, and M. Matthews
  7. Tourism Sponsorship for the Bluebonnet Festival


23. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. the award of the paving oil bids opened February 24, 2021
b. to go out for a bid for roof repairs on the Sheriff’s Office building


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.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Comm. Beierle led the Court with the Invocation and Pledge of Allegiance to the U.S. and Texas Flags.
 
Item #3:
Public Comments
Lauren McAndrews, Director for Opportunities of Williamson and Burnet Counties, spoke to the court requesting raising awareness for the Meals on Wheels program.  She is requesting the court donate their time and resources to support homebound seniors and local Meals on Wheels sites. March 22-26 is Champions week. Those with questions can contact Ms. McAndrews at 979-203-0057. 
Attachments:
 
Item #16:
Action/Discussion
COVID-19 VIRUS
Jim Barho, Office of Emergency Management, and Mark Ingram Fire Chief with Burnet Fire and EMS Department, addressed additional vaccines available at the City of Burnet vaccine site. The County was able to get an additional 500 vaccines at the Community Center starting 03/09/2021. There is a high demand for COVID-19 vaccines. The vaccine has to go to a registered provider such as Ascension Seton etc. Chief Ingram reported they will continue to schedule appointments as long as they are receiving vaccines. Burnet Fire Deputy's will assist in signing up residents at 512-756-2662. The Chief requested if you have internet to schedule your appointment online. The Veterans Administration is providing free vaccines for any Veteran. To access go to Myhealthvet.gov

Jim Barho reported Emergency Management has completed the last S.T.A.R request.
 
 
Item #4:
Resolution
Second Amendment Sanctuary County
The Court discussed a resolution designating Burnet County a Second Amendment Sanctuary County. Calvin Boyd, Burnet County Sheriff, addressed the resolution, stating he liked the resolution and wanted to be the 75th County to adopt the resolution. Judge Oakley agreed with his recommendation. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a resolution designating Burnet County a Second Amendment Sanctuary County.

Vote: 5 - 0 Passed - Unanimously

Mark McDonald thanked the court for adopting the resolution. 

Mike Brennan spoke in favor of the importance of the Second Amendment Sanctuary. 
 
Item #8:
Presentation
Delinquent Tax Collections Report
Noe Reyes from MBVA Law Firm made a presentation to the court regarding the Delinquent tax collections report. 

Darby Howell and Joy Biscoto discussed online tax payments and the percentage of delinquent collections. They stated that the online payments are going well.
 
Item #14:
Replat
Kingsland Ranch
The Court discussed Lots 4A and 5A Kingsland Ranch to be known as Lots 4B and 5B Kingsland Ranch, adjusting the lot line. Judge Oakley stated Herb Darling, Development Services, would not be present at today's Commissioners Court.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Lots 4A and 5A, Kingsland Ranch to be known as Lots 4B and 5B, Kingsland Ranch, adjusting the lot line.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Presentation
Victim Coordinator and Liaison
Debi King, Victim Coordinator and Liaison, addressed the Court regarding approval of the Burnet County Sheriff’s Office Victim Services Unit Volunteer Program including program flier, volunteer requirements, Code of Ethics, Volunteer policies, Volunteer Personal & Property Coverage, Volunteer Property Use Return Agreement and Volunteer Waiver. The waiver is required by the Office of the Governor, Public Safety Office, Criminal Justice Division, General Victim Assistance Grant Program. Ms. King thanked the court on behalf of the victims for always being so supportive. Mrs. King stated the program would bring additional volunteers to work with victims on scene to provide transport services. Ms.King stated there will be a three week training held in Travis County for the volunteers. There will be a background check performed by the Burnet County Sheriff's Office as well as an interview for all volunteers.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Burnet County Sherif's Office Victim Services Unit Volunteer Program including program flier, volunteer requirements, Code of Ethics, Volunteer Policies, Volunteer Personal & Property Coverage, Volunteer Property Use Return Agreement and Volunteer Waiver. The waiver is required by the Office of the Governor, Public Safety Office, Criminal Justice Division, General Victim Assistance Grant Program.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
County's Responsibility
Death Calls
The Court discussed the County's responsibility for death calls, Karin Smith County Auditor stated Burnet County can pay a reasonable fee to transport the body to the Medical Examiner's Office. Ms. Smith, recommended not to exceed $782.00 and establish a policy and contract with the Funeral Homes. At a later date, the County would like to develop better communication on scene, to avoid being billed by the Funeral Home on behalf of a family member to have the body transported.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to establish a fee with the funeral homes for transport of a body to the Examiners' Office, not to exceed $782.00

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Purchases
JP 2 Office

The Court discussed the purchases of a laptop, docking station, two monitors, wireless keyboard and mouse; Docking station and second monitor for counter, laptop moving to Juvenile Case Manager’s desk.  Quote is for $2,993.93 to be paid out of the JP #2 technology fund. 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the purchase of a laptop, docking station, two monitors, wireless keyboard and mouse; docking station and second monitor for counter, laptop moving to Juvenile Case Manager’s desk. Quote is for $2,993.93 to be paid out of the JP #2 Technology fund.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #7:
Annual Membership
South Texas Judge and Commissioners Association
The Court discussed the annual membership to South Texas Judge and Commissioner’s Association.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to renew the annual membership to the South Texas Judge and Commissioner's Association.

Vote: 5 - 0 Passed - Unanimously

 
The Court Recessed at 10:10 a.m.

The Court Reconvened at 10:15 a.m.
 
Item #22:
Contracts, Agreements, or Grants
to be Approved or Ratified
The Court discussed the Contract labor agreement with Texas Materials for crack sealing various roads in Precinct 4; Interlocal agreement for library support with the City of Marble Falls;  Approval of the Independent Contractor Agreement changing a volunteer driver for Vetride to a paid driver: Jesse Lofgreen; Contract labor agreement with 4M Unlimited for the concrete work to be done at the maintenance shop; Inmate Housing agreement with Tom Green County; Approval of the Independent Contractor Agreements for new drivers for Vetride: W. Johnson, A. Orosco, V. Orosco, and M. Matthes; and Tourism Sponsorship for the Bluebonnet Festival

Andi Ball, County Tourism Director presented the request in the amount of $2500.00 for the Blue Sponsorship for Bluebonnet Festival.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery The Court approved,Contract labor agreement with Texas Materials for crack sealing various roads in Pct. 4; Interlocal agreement for library support with the City of Marble Falls; Approval of the Independent Contractor Agreement changing a volunteer driver for Vetride to paid driver: Jesse Lofgreen; Contract labor agreement with 4M Unlimited for the concrete work to be done at the maintenance shop; Inmate Housing agreement with Tom Green County; Approval of the Independent Contractor Agreements for new drivers for Vetride: W. Johnson, A. Orosco, V. Orosco, and M. Matthews. (Damion Beierle requested to Abstain from line item g.Tourism Sponsorship for the Bluebonnet Festival and the item be voted on separately.)

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Tourism Sponsorship for the Bluebonnet Festival.

Vote: 4 - 0 Passed

Other:
Commissioner Precinct 2 Damon Beierle (Abstain)
 
Item #10:
Purchase
Road and Bridge 1
The Court discussed approval for Road and Bridge 1 to purchase a 2020 Chevrolet truck using the 2020 tax note. This would replace a vehicle that was damaged during the ice storm. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve Road and Bridge 1 to purchase for a 2020 Chevrolet truck using the 2020 tax note.

Vote: 5 - 0 Passed - Unanimously

 
Item #11
Demolition SpicewoodBeach
The Court discussed quotes for the demolition of a manufactured home at 212 Vera in Spicewood Beach as previously authorized by the Commissioners Court. This is to be funded out of the County general fund. The County received three quotes from, BTM Services, JH Metal Company, and Flash Demolition. The court accepted the bid from BTM Services in the amount of $8,252.00
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept the bid from BTM Services for the demolition of a manufactured home at 212 Vera in Spicewood Beach, funded out of the County General Fund.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Department Updates
The Court, discussed Department Updates. Karrie Crownover, County Treasurer, presented the Treasures report — for November, and December 2020 and, the Treasures Quarterly Investment Report. The Quarterly Report for FY21 October through December. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to accept the Treasurer’s Report from November and December 2020 the Treasurer’s Quarterly Investment Report Qtr. FY21 October-December

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Grant
Wink to Webster Pipeline, LLC
The Court discussed the grant from Wink to Webster Pipleline, LLC in the amount of $7,398.00 to provide financial support to the Burnet County Sheriff's Office. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept the Grant from Wink to Webster Pipeline, LLC in the amount of $7,398 to provide financial support to the Burnet County Sheriff’s Office.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Variance
Sandra Radosavjevic
The Court discussed a request for a variance from the Burnet County Subdivision Regulation by Sandra Radosavjevic for 6.567 acre tract out of a 29,567 acre tract located at 700 Highway 183. BCAD Parcel #52627. A correction was made by Commissioner Beierle to reflect 29.567.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request for a variance from the Burnet County Subdivision Regulation by Sandra Radosavjevic for a 6.567 acre tract out of a 29.567 acre tract located at 700 Highway 183, BCAD parcel #52627.

Vote: 5 - 0 Passed - Unanimously

 
Item #21:
Acknowledgement of Receipt
The Court accepted an updated report from Marble Falls EMS dated February 19,2021 and TCEQ Notice. 
 
Item #23:
Call for Bids
Request for Proposals/Qualifications
The Court discussed the award of the paving oil bids opened February 24,2021 as well as the bid for roof repairs for the Sheriff's Office building. The Court previously received two bids from P Squared Emulsion Plants LLC, and Ergon Asphalt. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the low bid from Ergon Asphalt

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve call for bids for roof repairs on the Sheriffs Office Building.

Vote: 5 - 0 Passed - Unanimously

 
Item #24:
Consent Agenda
The Court discussed the Consent Agenda. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the consent agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

 
Item #25:
Previous Agenda Items
The Judge presented to the Court the CAMPO 2020 Burnet County Transportation Plan. The Court, discussed the District Attorney employee position that will be hired by Burnet County and paid by Llano County. Wiley McAfee, District Attorney submitted a request amendment for DEA Task Force Position Grant. This Grant will only cover up to $20,000.00 of overtime for this employee.

The Court took no Action.
 
Item #17:
Executive Session
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); a Discussion with legal counsel regarding potential acquisition of land inside of Burnet County from private donation.
 
Item #18:
Reconvene in Open Session
The Court, reconvened in open session with all members present at 11:15 a.m.
 
Item #19:
Items discussed in Executive Session
The Court discussed items discussed in Executive Session in pursuant to Chapter 262, Texas Local Government Code. 
a. Regarding potential private donation of land to Burnet County. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve authorize the County Judge the authority to take any and all steps necessary to approve the potential acquisition of land in the name of donation.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Presentation
Air Evac
No action was taken
 
Item #27:
Adjournment
As there was no other business to discuss the Court adjourned at 11:18 a.m.