County of Burnet {} On this the 24th day of July 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:
- Karen Hardin, County Auditor; Shelley Demarest, Commissioner Court Clerk
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 concerning a letter by Bickerstaff Heath Delgado Acosta, LLP and the Willows Property Owner’s Association, requesting the reversal of the approval of issuance of Building Permit #18-06-21 to Inks Island, LLC.
5. Discussion and/or action for approval to apply for Texas Local Emergency Planning Committee Grant program to assist LEPCs in establishing, maintaining, and/or improving their implementation of Emergency Planning and Community Right-to-Know Act (EPCRA). Application will be to request 5 additional three lined signs for a total of $69,084.50. The goal is to have two signs available for each precinct. Three signs were bought with the last LEPC grant. Deadline is August 3.
6. Discussion concerning recent extended road closures due to rail activity.
7. Discussion and/or action regarding the publication of making warrants related to delinquent fines and fees public knowledge.
8. Discussion and/or action regarding the burn ban for the unincorporated areas of Burnet County.
9. Discussion and/or action concerning the salary grievance committee.
10. Discussion and/or action regarding the appointment of Constable Pct. 3.
11. Discussion and/or action concerning allowing the County Attorney to reach an agreement that allows for dismissing the Cause #48292, Double F. Hanger Operations, LLC, Lawrence R. French, Jr., Patricia Flunker, and Mark A. McDonalds Plaintiffs vs. Friendship Homes & Hangers, LLC, and Burnet County Commissioners Court, Defendants, filed in the 33rd Judicial District Court as it pertains to the Rule 11 agreement.
12. Discussion and/or action regarding the Final Plat approval for Cloudwood Ranch, Phase 1, a private subdivision consisting of 32 lots on 188.41 acres out of the William B. Anderson Svy. No. 65, Abst. No. 13.
13. Discussion and/or action regarding the Final Plat approval for Draper Acres, Section 2, a private subdivision consisting of 18 lots on 61.34 acres out of the A.B. Spear Survey, Ab. No. 2.
14. Discussion and/or action regarding the Final Plat approval for Oak Hollow Ranches, a private subdivision consisting of 6 lots on 118 acres out of the G.A. Brandon, AMC J. Jackson and the JR Williams Surveys.
15. Discussion and/or action regarding a variance request from the Burnet County Subdivision Regulations by Violanda Soledad and Ryan Gilliland for an 8.48 acre tract out of the Benjamin McKinney Survey No. 3, Abst. No. 580, Burnet County, Texas.
16. Discussion and/or action regarding the adoption of the FY 2018-2019 Burnet County Proposed Budget.
17. Discussion and/or action concerning a resolution for hand check payment of routine claims specific to utilities, capital lease and debt service payments.
18. 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).
19. Reconvene in Open Session.
20. 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.
21. Discussion and/or action regarding Department Updates:
22. Acknowledgement of Receipt:
a. Invitation from the Hill Country Soil and Water Conservation District No. 54 to attend a meeting in Lampasas on July 25, 2018 at 10:00 a.m. at the Lampasas County Courthouse Annex
b. MIS Summary Oct. 2017 – May 31, 2018
23. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Road & Bridge Pct. 1 to purchase a pickup from Caldwell County Chevrolet
b. Modification agreement with the US Marshalls Service for ratification
c. Spartan Event
24. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
25. 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.
26. Discussion regarding any previous agenda items.
27. Calendar Review.
28. Adjournment.
Call to Order
Invocation and Pledge
The court led the Pledge of Allegiance to the United States and Texas Flags.
The court lead the pledges.
Comments
Willows Property Owner's Association
Doug Caroom, Attorney with Bickerstaff Heath Delgado Acosta, LLP, spoke in opposition of the Building Permit. Mr. Caroom presented the court with copies of the County Ordinance and stated his concerns about developing the peninsula.
Herb Darling, Development Services, stated to the court every permit his office issues is evaluated for anticipated flooding. However this peninsula has 4 current individual studies and is not subject to flash flooding. Mr. Darling stated there will be no permanent structures, quick connect utilities and safe access. The owner has complied with all requirements set forth in 44 CFR Chapter 60 and the County Flood Damage Prevention Order.
Eddie Arredondo, County Attorney, stated all concerns have been considered before issuing the permit and questioned Mr. Darling over community concerns.
Cecile Gloier, Willows Resident, stated her concerns to the court, presented pictures and spoke about the flooding she witnessed in 1991.
Doug Caroom, Attorney with Bickerstaff Heath Delgado Acosta, LLP, read Section 5B5, Standards for Recreational Vehicles to the court.
Lisa Fancher, Buena Vista Resident, stated her concerns with debris and potential impact to residents downstream. Mrs. Fancher encouraged the court to watch the video from the last flood event.
Judge Oakley stated this permit was issued based on legalities and the County Attorney has reviewed the case.
Judge Oakley called twice for a motion.
No action was taken.
Texas Local Emergency Planning Committee Grant
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve to apply for Texas Local Emergency Planning Committee Grant program to assist LEPCs in establishing, maintaining, and/or improving their implementation of Emergency Planning and Community Right-to-Know Act (EPCRA).
Vote: 5 - 0 Passed - Unanimously
Rail Activity
John Anderson, Austin Western Railroad, apologized to the public and all first responders. Mr. Anderson stated this occurence was completely unacceptable and what his company is doing to make ensure this does not happen again.
David Dech, Cap Metro, addressed the courts concerns and what Cap Metro is doing to address all issues as well as preventing this from reoccurring.
Commissioner Precinct 1 Jim Luther Jr., suggested the rail companies reach out to the Cornelius Family and all residents of Timber Ridge.
Capt. Chris Jett reiterated the need for fast response times and how blocked railroad crossings greatly hinders response times.
Judge Oakley asked what the two companies can do to make all railroad crossings smooth with the road.
Publication of Delinquent Fines and Warrants
Burn Ban
Herb Darling, Development Services, stated if conditions don't improve exemptions will need to be removed. Mr. Darling stated once the KBDI threshold of 575 is met, Burnet County will need to enact the Chapter 418 - Emergency Declaration.
No action was taken.
Salary Grievance Committee
Constable Pct. 3
Capt. Chris Jett thanked the court for allowing him to be on the selection committee. Capt. Jett stated the committee nominates John "Chip" Leake.
Motion was made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the immediate appointment of Chip Leake to Constable Precinct 3.
Vote: 5 - 0 Passed - Unanimously
Chip Leake thanked the court, the Ballard Family, the committee and the Sheriff's Department.
Double F. Hanger Operations, LLC
Eddie Arredondo, County Attorney, addressed the court concerning this case. Mr. Arredondo stated Burnet County is not the object of this suit. But has asked to enter into an agreement to remove Burnet County from the suit so long as the Commissioner's Court withholds any action until receiving final orders from the District Judge.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to allow the County Attorney to enter into an agreement removing Burnet County from Cause #48292.
Vote: 5 - 0 Passed - Unanimously
Comments
Draper Acres, Section 2
Herb Darling, Development Services and Brett Burton, Cuplin and Associates presented the final plat to the court.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the final plat for Draper Acres, Section 2, a private subdivision consisting of 18 lots on 61.34 acres out of the A.B. Spear Survey, Ab. No. 2
Vote: 5 - 0 Passed - Unanimously
Cloudwood Ranch, Phase 1
Oak Hollow Ranches
Violanda Soledad and Ryan Gilliland
Herb Darling, Development Services, stated this piece of property has been the subject of a recent lawsuit heard by District Judge Garrett. His ruling included the owners asking the Commissioner's Court for a new variance. TxDOT has approved an entrance off Hwy. 29.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Russell Graeter to approve a variance request from the Burnet County Subdivision Regulations by Violanda Soledad and Ryan Gilliland for an 8.48 acre tract out of the Benjamin McKinney Survey No. 3, Abst. No. 580, Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
FY 2018-2019 Burnet County Proposed Budget
This item will be held until the first meeting in August.
Hand Check Payments
Karen Hardin, County Auditor, stated the need for the resolution to the court.
Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a resolution for hand check payment of routine claims specific to utilities, capital lease and debt service payments
Vote: 5 - 0 Passed - Unanimously
Executive Session
Reconvene in Open Session
Items Discussed in Executive Session
Department Updates
Capt. Chris Jett stated Burnet County has been awarded the Step Grant for 2019.
Herb Darling, Development Services, thanked Commissioner Precinct 1 Jim Luther Jr., for his involvement on the 108 fire. Mr. Darling stated his office has been busy.
Judge Oakley updated the court on Maintenance of County buildings.
Acknowledgement of Receipt
a. Invitation from the Hill Country Soil and Water Conservation District No. 54 to attend a meeting in Lampasas on July 25, 2018 at 10:00 a.m. at the Lampasas County Courthouse Annex
b. MIS Summary Oct. 2017 – May 31, 2018
Contracts, Agreements or Grants
a. Road & Bridge Pct. 1 to purchase a pickup from Caldwell County Chevrolet
b. Modification agreement with the US Marshalls Service for ratification
c. Spartan Event
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve all contracts, agreements and 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.
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
Previous Agenda Items
Calendar Review
Commissioner Precinct 4 Joe Don Dockery stated the KBDI is currently at 564.
Adjournment
