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, February 22, 2022 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 from the Burnet County Child Welfare Board (Oakley)
 
5. Discussion and/or action regarding the exception to allow dispatch personnel to carryover excess vacation hours (Oakley/S.Luther)
 
6. Discussion and/or action regarding TCEQ’s (Texas Commission on Environmental Quality) Proposed Permit No. WQ0016074001 that would allow affluent discharge into the South San Gabriel River (Oakley)
 
7. Discussion and/or action regarding SB 598 regarding the possible reimbursement of election equipment (Oakley)
 
8. Discussion and/or action regarding the quote from Enterprise Systems for phone system work.  To be paid for using ARPA funds (Oakley/Tarbet)
 
9. Discussion and/or action regarding a request for waiver of penalty and interest for property ID 19789 (Oakley)
 
10. Discussion and/or action regarding the report requested to be made by County Attorney regarding Burnet County Commissioners Court authority over platting requirements for subdivision and specifically for Cross Timbers Ranch which was previously approved and recorded.  Said discussion to recognize that Cause 53196, James M. Allen v. Recreational Land Sales, LLC & Richard G. Grandy has been filed in the 33^rd District Court of Burnet County and which is related to the Cross Timbers Ranch subdivision plat (Arredondo)
 
11. Discussion and/or action regarding hiring outside counsel, Allison, Bass & Magee LLP, to address potential suits that may arise regarding the previous approval of the plat for Cross Timbers Ranch by the Burnet County Commissioners Court (Arredondo)
 
12. Discussion and/or action for approval of enrollment of county employees/officials in TAC’s 2022 Cybersecurity course and identify any exceptions (Oakley/S.Luther)
 
13. Discussion and/or action regarding a replat of lots 240 and 241, Whitewater Springs, Sec. 2, to be known as lot 240A, Whitewater Springs, Sec. 2, a combination of lots (Wall)
 
 14. Discussion and/or action regarding the replat of lot 5, Granite Shoals Subdivision No. 1, to be known as lots 5A and 5B, Granite Shoals Subdivision No. 1, a division of an existing lot (Luther)
 
15. Discussion and/or action regarding the replat of lots 6008 and 6009, The Legends, Plat No. 6.1, to be known as lot 6008A, The Legends, Plat No. 6.1, a combination of lots (Luther)
 
16. Discussion and/or action regarding the replat of lots 1, 2, 3, and 4, South Silver Creek Village, Unit 2, to be known as lots 1A and 4A, South Silver Creek Village, Unit 2, a combination of lots (Luther)
 
17. Discussion and/or action regarding the replat of lots 310 and 311, Whitewater Springs, Sec. 3, to be known as lots 310A and 311A, Whitewater Springs, Sec. 3 (Wall)
 
18. Discussion and/or action regarding a burn ban in the unincorporated areas of Burnet County (Oakley)
 
19. Discussion and/or action concerning any topics related to the COVID – 19 virus.
 
20. Discussion and/or action at 11:00 p.m. regarding the potential approval of a settlement offer made by below listed Defendants in Cause no. 2018-77090; County of Burnet v. Purdue Pharma L.P., et al in the 152^nd Judicial District Court for the Southern District of Texas, Houston Division.  Said suit regards opioid litigation and involves multiple defendants.
 
ENDO DEFENDANTS –                      Endo Health Solutions, Inc.
                                                             Endo Pharmaceuticals, Inc.
                                                             Par Pharmaceutical, Inc.
                                                             Par Pharmaceutical Companies, Inc.
 
ACTAVIS DEFENDANTS -               Teva Pharmaceutical Industries, Ltd.
                                                            Teva Pharmaceuticals USA, Inc.
                                                            Watson Laboratories, Inc.
                                                            Actavis LLC
                                                            Actavis Pharma        
 
 
 
 
DISTRIBUTOR DEFENDANTS -       McKesson Corporation
                                                            Cardinal Health, Inc.
                                                            AmerisourceBergen Corporation

1. Consultation with County Attorney and outside counsel (Cappolino Dodd Krebs, LLP) in closed session regarding this litigation is possible.

 
 
21. 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 County Attorney regarding boundary line question with the City of Burnet
b. Potential discussion with outside attorney and County attorney regarding Case #2018-77090, County of Burnet v. Purdue Pharma L.P.
           
22. Reconvene in Open Session. 
 
23. 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.
 
24. Discussion and/or action regarding Department Updates:  (Oakley)
           
25. Acknowledgement of Receipt:
   a.  EOY 2021 financial statements for ESD 5
   b.  (2) No Litigation Certificates from Capital Area Housing Finance Corp.
   c.  October, November, December, and January response time reports from the Burnet FD
           
26. Discussion and/or action regarding contracts, agreements or grants to be approved
and/or ratified: (Oakley)

a. Interlocal agreement with the City of Meadowlakes
b. Adoption of Order of interlocal agreement with the City of Meadowlakes
c. Renewal agreement with TransUnion for the DA’s Office
d.  Approval of the Independent Contractor Agreement for Vetride: Randy Lloyd
e.  Approval of the Independent Contractor Agreement for Vetride: Georgia Thornhill
f.  Discussion and/or action concerning calling for Bids and Bid openings, request for
      proposals/qualifications and related openings (Oakley)
             
           
28. 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:

a. Consideration and approval of any pending personnel issues within the policy.
b. Payroll approval/Personnel Action Form Approval
c. Consideration and approval concerning budget amendments.
d. Consideration and approval concerning budget line item transfers.
e. Consideration and authorization of payment of claims previously approved by
    the County Auditor.
f.  Acceptance of reports of County Officials as required by LGC 115.02 previously
    examined by the County Auditor
g. Consideration and approval regarding Departmental equipment requests
    and/or property transfers.
h. Correspondence.
           
29.  Discussion regarding any previous agenda items.
 
30.  Calendar Review.
 
31.  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

Judge Oakley called the meeting to order at 9:00 a.m.

Comm. Beierle led the invocation and Pledge of Allegiance to the flags
Judge Oakley requested a moment of silence in remembrance of James Holbrook who served 8 years as County Commissioner of Precinct 1

M.J. Love acknowledged the Commissioners for their hard work.
Ms. Love questioned the court about the structures on CR 340/Morman Mill Road.

Judge Oakley asked Herb Darling, Developmental Services to give an update concerning the structures on CR 340. Mr. Darling commented on the public comment regarding the structures on CR 340 and explained that the developer is building condominiums for first home time buyers. Mr. Darling stated his office enforces and regulates the septic development. Mr. Darling stated he was disappointed in the community reaction about the building of this development. Comm. Wall spoke about the concerns with the community and how close the condominiums are to the road and that everything he knew was up to code.

The court discussed the TCEQ’s (Texas Commission on Environmental Quality) Proposed Permit No. WQ0016074001 that would allow affluent discharge into the South San Gabriel River. Herb Darling, Developmental Services stated the city of Bertram is required to treat their affluent discharge. Comm. Wall thanked Herb Darling and his staff for doing a great job.

The court took no action on this agenda

The court received a presentation from the Burnet County Child Welfare Board. Caroline Ragsdale from the Burnet County Child Welfare Board updated the court on the progress the Board has been able to provide for the children last year. Judge Oakley thanked Ms. Ragsdale and the board for there hard work, and asked her to introduce her volunteers, Jan Freebird, Jan Graves and B.J. Henry

Sara Ann Luther, Human Resources Director spoke about the dispatchers loosing their vacation hours and not carrying over an excess through FY 22. Mrs. Luther stated previously there was an exception that dispatchers were granted to carryover 160 hours due to a staffing shortage. Mrs. Luther is asking the court to approve extending the exception through calendar year 2022 and restore the hours that were lost.
Comm. Beierle requested if this could become a permanent policy, not just a temporary policy? Mrs. Luther replied a permanent policy would be at the discretion of the Commissioner's Court.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the exception to allow dispatch personnel to carryover excess vacation hours

Vote: 5 - 0 Passed - Unanimously

The court discussed approval of enrollment of county employees/officials in TAC’s 2022 Cybersecurity course and identify any exceptions.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve all Burnet County Employees that have access to county emails and/or network to enroll in the TAC’s 2022 Cybersecurity course

Vote: 5 - 0 Passed - Unanimously

The court received a report from County Attorney, Eddie Arredondo about the Cross Timbers Ranch subdivision, he stated on August 24, 2021, the court discussed the preliminary plat for Cross Timbers Ranch and was approved that day. On October 26, 2021, an agenda item was discussed the final plat for Cross Timbers Ranch subdivision and that was approved on that day. Shortly after, there were complaints from the public that the applicant Recreational Land Sales did not provide Burnet County with a complete list of restricted convents of a portion of that subdivision. Mr. Arredondo stated that a portion of Cross Timbers Ranch subdivision is a part of a different subdivision called Blacksmith Ranch that crosses over Cross Timbers Ranch subdivision. Blacksmith Ranch subdivision has a restriction regarding the subdivision of lots, no re-subdividing without a written approval from the Architectural Control Committee. The provision indicates re-subdividing of the land could happen, and the process of how that would occur. Mr. Arredondo states Burnet County did not know of those restrictions, and the citizens believe that Recreational Land Sales failed to obtain the proper written approval from the Architectural Control Committee from Blacksmith Ranch. Mr. Arredondo states that Recreational Land Sales indicates that there was no Architectural Control Committee that existed and therefor had no obligation to seek that approval. Mr. Arredondo states that there is a lawsuit that has been filed by one of the landowners of Blacksmith Ranch cause 53196, James M. Allen v. Recreational Land Sales, LLC & Richard G. Grandy in the 33rd District Court of Burnet County. Mr. Arredondo reviewed the Texas Local Government code Chapter 232 indicates that Burnet County has no legal authority to require deed restrictions. Therefor, Burnet County subdivision rules indicate that an applicant should provide deed restrictions on land for a proposed subdivision. Texas Property Code Chapter 203 confirms that Burnet County has no authority in this matter as it doesn't meet legal requirements to file suit regarding covenants.

Linda Nash, Property owner in Blacksmith Ranch subdivision provided the court with restrictions and convents that were filed on 2004 and revised in 2005. Mrs. Nash provided the property map that Recreational Land Sales purchased from McGowen which is lots 32-48. Mrs. Nash stated that no one from Recreational Land Sales contacted anyone from Blacksmith Ranch subdivision about the covenants.

Judge Oakley asked Herb Darling, Developmental Services why wasn't Blacksmith Ranch re-plated? Mr. Darling stated at the time it was done it fell under an exemption in Chapter 232. Mr. Darling stated Blacksmith wasn't a re-plat because it wasn't a recorded plat at the time it was established.

James Allen, Property owner in Blacksmith Ranch subdivision read a prepared letter about the Blacksmith Ranch and Cross Timbers Ranch 

The court took no action on this agenda

The court discussed hiring outside counsel for potential suits that may arise regarding the previous approval of the plat for Cross Timbers Ranch by the Burnet County Commissioners Court

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to hire Allison, Bass & Magee LLP, to address any potential suits that may arise regarding the previous approval of the plat for Cross Timbers Ranch by the Burnet County Commissioners Court

Vote: 5 - 0 Passed - Unanimously

The court recessed at 10:28 a.m.

The court reconvened at 10:33 a.m. All Court members were present

The court discussed the replat of lots 310 and 311, Whitewater Springs, Sec. 3, to be known as lots 310A and 311A, Whitewater Springs, Sec. 3

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of lots 310 and 311, Whitewater Springs, Sec. 3, to be known as lots 310A and 311A, Whitewater Springs, Sec. 3

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of lots 240 and 241, Whitewater Springs, Sec. 2, to be known as lot 240A, Whitewater Springs, Sec. 2, a combination of lots

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of lots 240 and 241, Whitewater Springs, Sec. 2, to be known as lot 240A, Whitewater Springs, Sec. 2, a combination of lots

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of lot 5, Granite Shoals Subdivision No. 1, to be known as lots 5A and 5B, Granite Shoals Subdivision No. 1, a division of an existing lot

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of lot 5, Granite Shoals Subdivision No. 1, to be known as lots 5A and 5B, Granite Shoals Subdivision No. 1, a division of an existing lot

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of lots 6008 and 6009, The Legends, Plat No. 6.1, to be known as lot 6008A, The Legends, Plat No. 6.1, a combination of lots

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the replat of lots 6008 and 6009, The Legends, Plat No. 6.1, to be known as lot 6008A, The Legends, Plat No. 6.1, a combination of lots

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of lots 1, 2, 3, and 4, South Silver Creek Village, Unit 2, to be known as lots 1A and 4A, South Silver Creek Village, Unit 2, a combination of lots

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of lots 1, 2, 3, and 4, South Silver Creek Village, Unit 2, to be known as lots 1A and 4A, South Silver Creek Village, Unit 2, a combination of lots

Vote: 5 - 0 Passed - Unanimously

The court went into 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 County Attorney regarding boundary line question with the City of Burnet
            b. Potential discussion with outside attorney and County attorney regarding Case #2018-77090, County of Burnet v. Purdue Pharma L.P.
 

The Court reconvened in open session with all members present at 11:25 a.m.

The court discussed in Executive Session Cause no. 2018-77090; County of Burnet v. Purdue Pharma L.P., et al in the 152^nd Judicial District Court for the Southern District of Texas, Houston Division.  Said suit regards opioid litigation and involves multiple defendants.
 
ENDO DEFENDANTS –                    Endo Health Solutions, Inc.
                                                             Endo Pharmaceuticals, Inc.
                                                             Par Pharmaceutical, Inc.
                                                             Par Pharmaceutical Companies, Inc.
 
ACTAVIS DEFENDANTS -               Teva Pharmaceutical Industries, Ltd.
                                                            Teva Pharmaceuticals USA, Inc.
                                                            Watson Laboratories, Inc.
                                                            Actavis LLC
                                                            Actavis Pharma        
 
DISTRIBUTOR DEFENDANTS -     McKesson Corporation
                                                            Cardinal Health, Inc.
                                                            AmerisourceBergen Corporation

1. Consultation with County Attorney and outside counsel (Cappolino Dodd Krebs, LLP) in closed session regarding this litigation is possible.

 
County Attorney, Eddie Arredondo stated on the record that Johnson and Johnson settled this suit.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the authority of the County Judge to execute documents relating to the settlement offer in the Texas opioid settlements

Vote: 5 - 0 Passed - Unanimously

The court took no action on the agenda

The court discussed the quote from Enterprise Systems for the phone system work. The cost is $24,729.42 coming from the ARPA funds and ongoing yearly payments will be $8917.15 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the quote from Enterprise Systems for phone system work. To be paid for using ARPA funds

Vote: 5 - 0 Passed - Unanimously

The court discussed the waiver of penalty and interest for property ID 19789

The court took no action on this agenda

The court discussed the burn ban in the unincorporated areas of Burnet County

The court took no action on this agenda

The court discussed topics related to the COVID – 19 virus. Judge Oakley commented the infusion center is still operating through the end of February

The court acknowledged

The court discussed contracts, agreements or grants to be approved and/or ratified:

1. Interlocal agreement with the City of Meadowlakes
2. Adoption of Order of interlocal agreement with the City of Meadowlakes
3. Renewal agreement with TransUnion for the DA’s Office
4. Approval of the Independent Contractor Agreement for Vetride:  Randy Lloyd
5. Approval of the Independent Contractor Agreement for Vetride:  Georgia Thornhill

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve all Agreements in its entirety

Vote: 5 - 0 Passed - Unanimously

The court took no action on this agenda item

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:

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

The court took no action on this agenda item

The court discussed calendar review

There was no further business discussed, Judge Oakley adjourned the meeting at 11:45 a.m.