County of Burnet {} On this the 26th day of June 2018, 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 Russell Graeter; Commissioner Precinct 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
- Attendees:
- Stephanie McCormick, Comm. Court Coordinator; Karen Hardin, County Auditor; Janet Parker, County Clerk
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 JoAnn Myers with the Burnet County Historical Commission concerning the Distinguished Service Award to Burnet County from the Texas Historical Commission.
5. Discussion and/or action regarding authorization for Burnet County Pct. 4 to operate county equipment on the property owned by the Spicewood Volunteer Fire Department, a non-profit organization, for the purposes of grounds preparation for their annual fund raiser to benefit all citizens of Burnet County and serving a public purpose
6. Discussion and/or action for approval to go out for bids on Co. Rd. 120 project
7. Discussion and/or action concerning proposed amendment to the compensation policy
8. Discussion and/or action requesting the purchase of a VariDesk for the JP Pct. 4 Chief Court Clerk. Funds will be used from the time payment fee, a restricted fund which requires court action
9. Discussion and/or action for permission to accept grant for Body-Worn Camera Program, Third-Round Funding with the Office of the Governor, Criminal Justice Division for $31,200 – with $7,800 match (20%) from the Sheriff’s office budget for a total of $39,000 for 30 cameras and assorted accessories and warrantees for Sheriff’s office
10. Discussion and/or action regarding the appointment of Wayne Eaton for Commissioner ESD #8
11. Discussion and/or action regarding the floodway/floodplain engineering review from Riley Mountain Engineering relating to proposed development on BCAD parcel #53461, Isle on Inks Lake
12. Discussion and/or action regarding a petition for the creation of a freshwater supply district, pursuant to Chapter 53 of the Texas Water Code, to be known as Marble Falls Ranch Fresh Water Supply District No. 1 in Burnet County
13. Discussion and/or action for approval to accept the FY2018 award of $10,280.45 for Chapter 19 funds from the Texas Secretary of State. These funds lapse on August 31, 2020
14. Discussion and/or action regarding the Replat of Lots 19 & 20, Council Creek South, Unit 1, as shown on plat recorded in Cabinet 1, Slide 48-B, Plat Records of Burnet County Texas to be known as Lot 19-A, Council Creek South, Unit 1
15. Discussion and/or action regarding the Replat of the remainder of Lot 67 and all of that lot known as “Reserve” between lots 67 & 68 of Silver Creek Village, Unit 1, a subdivision located in Burnet County, Texas as shown on plat recorded Cabinet 1, Slide 14c, of Burnet County together with all of that 0.038 acre tract described in a document to Little Motel Inc., to be known as Lot 67-A & 67-B, Silver Creek Village, Unit 1
16. Discussion and/or action regarding a Public hearing concerning a Replat of Tract D, Rolling Vistas Subdivision, whereby the owners are proposing to subdivide the 45.737 acre Tract D into a 35.73 acre tract and a 10.00 acre tract, followed by discussion and action on same
17. Discussion and/or action regarding a Public hearing concerning a Replat of a portion of Tract H1-A, Tract H on Piper Lane to be known as “Lancair Lane Addition” whereby the owner is proposing to form 3 lots for construction of a Airport Hanger Complex, followed by discussion and action on the same
18. Discussion and/or action regarding the nullification of a plat approval for Legendary Estates on Lake LBJ. The plat approved by the Burnet County Commissioners Court on November 28, 2017, but not recorded has been changed to include a new easement and designated use of Lot number 8
19. Discussion and/or action regarding final plat approval for Legendary Estates on Lake LBJ, Phase 1, a private subdivision consisting of 50 lots on 31.08 acres recorded as instrument #201700674 in the Burnet County Deed Records
20. Discussion and/or action regarding a variance request from the Burnet County Subdivision Regulations by Q. Crawford Property Development, LLC, for a 4 acre tract out of a 16.27 acre tract recorded in document No. 201706303, O.P.R.B.C.T.
21. Discussion and/or action regarding a request for an exemption from the Burnet County Subdivision Regulations by Elizabeth Weise for a 10.093 acre tract out of 17.99 acres out of the B.M. Clopton Svy. No. 906, Abst. 181, Burnet County, Texas
22. Discussion and/or action regarding the ESD #6 Audit report
23. Discussion and/or action concerning FY ’19 budget topics.
24. 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).
25. Reconvene in Open Session.
26. 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.
27. Discussion and/or action regarding Department Updates:
a. Treasurer’s Report for May 2018
28. Acknowledgement of Receipt:
a. MIS Summary for Oct. 2017 – April 30, 2018
29. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Magpul Event - Tourism
30. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
31. 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.
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.
32. Discussion regarding any previous agenda items.
33. Calendar Review.
34. Adjournment.
Call to Order
Invocation and Pledge
The court led the Pledge of Allegiance to the United States and Texas Flags.
The court led the Pledge to the U.S and Texas Flags.
Comments
Distinguished Service Award to Burnet County from the Texas Historical Commission
Jo Ann Myers, Chairwomen Burnet County Historical Commission, presented the Burnet County Historical Commission Distinguished Service Award to Burnet County. Mrs. Myers updated the court on the Historical Commission and projects they have been working on.
Jo Ann Myers, Chairwomen Burnet County Historical Commission, stated June 30, 2018 at 11:00 a.m. there will be a Texas Ranger Memorial Dedication at Oddfellows Cemetery to honor John Daniel Altman, a former Texas Ranger during the Civil War.
Spicewood Volunteer Fire Department
Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 3 Billy Wall to approve authorization for Burnet County Pct. 4 to operate county equipment on the property owned by the Spicewood Volunteer Fire Department, a non-profit organization, for the purposes of grounds preparation for their annual fund raiser to benefit all citizens of Burnet County and serving a public purpose.
Vote: 5 - 0 Passed - Unanimously
C.R. 120
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Russell Graeter to approve to call for bids on Co. Rd. 120 project.
Vote: 5 - 0 Passed - Unanimously
BCAD parcel #53461, Isle on Inks Lake
Herb Darling, Development Services, presented the Engineering Review to the court. Based on compliance, Mr. Darling will issue the Development Permit for the project.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve the floodway/floodplain engineering review from Riley Mountain Engineering relating to proposed development on BCAD parcel #53461, Isle on Inks Lake.
Vote: 5 - 0 Passed - Unanimously
Marble Falls Ranch Fresh Water Supply District No. 1
John Joseph, Representing Highland Management Inc. and the owners of the property, presented the request to the court. Mr. Joseph stated this is a mixed use development and has already secured a fresh water contract from LCRA.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the creation of a Fresh Water Supply District, pursuant to Chapter 53 of the Texas Water Code, to be known as Marble Falls Ranch Fresh Water Supply District No. 1 in Burnet County.
Vote: 5 - 0 Passed - Unanimously
Compensation Policy
Karen Hardin, County Auditor, presented the revision to the compensation policy to the court.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Russell Graeter to approve the proposed amendment to the compensation policy.
Vote: 5 - 0 Passed - Unanimously
JP Pct. 4 Chief Court Clerk
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the purchase of a VariDesk for the JP Pct. 4 Chief Court Clerk in the amount of $1,033.79.
Vote: 5 - 0 Passed - Unanimously
Body-Worn Camera Program
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the acceptance of a grant for Body-Worn Camera Program, Third-Round Funding with the Office of the Governor, Criminal Justice Division.
Vote: 5 - 0 Passed - Unanimously
Wayne Eaton Appointment
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the appointment of Wayne Eaton for Commissioner ESD #8.
Vote: 5 - 0 Passed - Unanimously
Chapter 19 Funds
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the acceptance of the FY2018 award of $10,280.45 for Chapter 19 Funds from the Texas Secretary of State.
Vote: 5 - 0 Passed - Unanimously
Lots 19 & 20, Council Creek South, Unit 1
Greg Mays, Cuplin and Associates and Herb Darling, Development Services, presented the replat to the court.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the replat of Lots 19 & 20, Council Creek South, Unit 1, as shown on plat recorded in Cabinet 1, Slide 48-B, Plat Records of Burnet County Texas to be known as Lot 19-A, Council Creek South, Unit 1.
Vote: 5 - 0 Passed - Unanimously
Reserve between lots 67 & 68 of Silver Creek Village, Unit 1
Greg Mays, Cuplin and Associates and Herb Darling, Development Services, presented the replat to the court.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the replat of the remainder of Lot 67 and all of that lot known as “Reserve” between lots 67 & 68 of Silver Creek Village, Unit 1, to be known as Lot 67-A & 67-B, Silver Creek Village, Unit 1.
Vote: 5 - 0 Passed - Unanimously
Tract D, Rolling Vistas Subdivision
Don Sherman, Willis Sherman and Associates and Herb Darling, Development Services, presented the replat to the court.
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 3 Billy Wall to approve a replat of Tract D, Rolling Vistas Subdivision, whereby the owners are proposing to subdivide the 45.737 acre Tract D into a 35.73 acre tract and a 10.00 acre tract.
Vote: 5 - 0 Passed - Unanimously
Tract H1-A, Tract H on Piper Lane
Commissioner Precinct 4 Joe Don Dockery stated the court has been notified of pending litigation concerning this property and would like to have Eddie Arredondo, County Attorney, look at this agenda item.
Brad Hatfield, representing the applicant, presented the replat to the court and addressed legal concerns.
Eddie Arredondo, County Attorney, recommends delaying the Public Hearing and action on this agenda item.
The court took no action.
Legendary Estates on Lake LBJ
Gary Martin, Owner, Ed McNew, Engineer, and Herb Darling, Development Services, presented the nullification to the court.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve the nullification of a plat approval for Legendary Estates on Lake LBJ.
Vote: 5 - 0 Passed - Unanimously
Legendary Estates on Lake LBJ, Phase 1
Herb Darling, Development Services, Gary Martin, Owner and Ed McNew, Engineer, presented the final plat to the court.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve final plat approval for Legendary Estates on Lake LBJ, Phase 1.
Vote: 5 - 0 Passed - Unanimously
Department Updates
a. Treasurer’s Report for May 2018
Karrie Crownover, Treasurer, presented the monthly report to the court.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther Jr., to approve the Treasurer's Report for May 2018.
Vote: 5 - 0 Passed - Unanimously
Judge Oakley updated the court on Maintenance.
Q. Crawford Property Development, LLC
Herb Darling, Development Services, presented the variance request to the court.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a variance request from the Burnet County Subdivision Regulations by Q. Crawford Property Development, LLC, for a 4 acre tract out of a 16.27 acre tract recorded in document No. 201706303, O.P.R.B.C.T.
Vote: 5 - 0 Passed - Unanimously
Elizabeth Weise Exemption Request
Herb Darling, Development Services, presented the exemption request to the court.
Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 3 Billy Wall to approve an exemption request from the Burnet County Subdivision Regulations by Elizabeth Weise for a 10.093 acre tract out of 17.99 acres out of the B.M. Clopton Svy. No. 906, Abst. 181, Burnet County, Texas.
Vote: 4 - 1 Passed
- Nay:
-
Commissioner Precinct 4 Joe Don Dockery
ESD #6 Audit Report
Karen Hardin, County Auditor, presented the report to the court.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the ESD #6 Audit Report.
Vote: 5 - 0 Passed - Unanimously
Executive Session
Reconvene in Open Session
Items Discussed in Executive Session
Acknowledgement of Receipt
a. MIS Summary for Oct. 2017 – April 30, 2018
Judge Oakley added three additional letters:
TxDOT
City of Marble Falls
Texas Parks and Wildlife
Contacts, Agreements or Grants
a. Magpul Event - Tourism
Karen Hardin, County Auditor, added an additional request for out of state travel for the H.O.T. Auto Theft Task Force.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve all contracts, agreements or grants.
Vote: 5 - 0 Passed - Unanimously
Call for Bids/Requests for Proposals/Qualifications
Consent Agenda
a. Consideration and approval of any pending personnel issues within the policy.
b. Payroll 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.
Karen Hardin, County Auditor, pulled item E.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther Jr., to approve the consent agenda with the exception of item e.
Vote: 5 - 0 Passed - Unanimously
Karen Hardin, County Auditor, added an additional payment from Scott and White of $44,134.00 from IGT.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve claims and Indigent Health claims.
Vote: 5 - 0 Passed - Unanimously
Previous Agenda Items
Calendar Review
FY '19 Budget Topics
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to remove the $18,150.00 for additional hours for a J.P. Clerk in Precincts 1 & 2.
Vote: 5 - 0 Passed - Unanimously
Legendary Estates on LBJ, Phase 1
Gary Martin, Owner and Ed McNew, Engineer, stated to the court there is an issue with filing the plat due to the Tax Certificates.
Janet Parker, County Clerk, read the Property Code Statute 12.002 for the court and the law requires 52 Tax Certificates.
No further action was required.
FY '19 Budget Topics
Judge Oakley stated the Attorney Fees for the Regional Capital Public Defender Contract would be $12,940.00 for the year.
Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to not participate in the Regional Public Defender for Capital Cases.
Vote: 5 - 0 Passed - Unanimously
Adjournment
