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 moving the regularly scheduled Commissioner’s Court dates from November 13, 2018 to November 14, 2018, and December 25, 2018 to December 20, 2018
 
5.  Discussion and/or action regarding the approval to accept grant for FY 19 for the 33^rd and 424^th Judicial Districts Drug Court Program with Specialty Courts Program with the Criminal Justice Division (CJD) of the Office of the Governor in the amount of $87, 109.00
 
6.  Discussion and/or action regarding a presentation on groundwater availability by Mitchell Sodek, General Manager, Central Texas Groundwater Conservation District
 
7.  Discussion and/or action concerning the resignation of Judge Roxanne Nelson from the Opportunities for Williamson and  Burnet Counties, and the appointment of Damon Beierle to same
 
8.  Discussion and/or action regarding the appointment of Judge Roxanne Nelson to the Bluebonnet Trails Board
 
9.  Discussion and/or action regarding the burn ban for the unincorporated areas of Burnet County
 
10.  Discussion and/or action regarding the reconsideration of the third early voting location in Marble Falls, for the general election, as requested by Marble Falls, ISD
 
11.  Discussion and/or action regarding the Approval of amendment to the Personnel Policies for The County of Burnet
 
12.  Public Hearing per Sec. 751.006 Texas Health & Safety Code:
            a. 9:00 a.m. concerning the mass gathering permit relating to the Utopia Fest scheduled for November 1-4, 2018
 
13. Discussion and/or action regarding the Final Plat of “Clearwater Landing at LBJ, Plat No. 1.47, A Private Subdivision, Burnet County, Texas”, being a replat of Lots 46 and 47, Clearwater Landing at LBJ, Plat No. 1.1, located at Blue Herron Drive, A Private Subdivision, Burnet County, Texas into one lot 
 
14.  Discussion and/or action regarding the Final Plat of “Clearwater Landing at LBJ II, Phase 2, Plat No. 2.11, 0.45 acre out of the William Simmons Svy. No. 121, Abst. No. 777, off The Legends, Burnet County, Texas 
 
15. Discussion and/or action regarding the Final Plat of the “The Ranch on Lake LBJ, Phase One, Plat No. 1.9, 0.66 acres out of the W.B. Wainscott Svy. No. 29, Abst. No. 949, 200 block of Hannahs Way,  A Private Subdivision, Burnet County, Texas.
           
16. Discussion and/or action regarding the Final Plat of the “The Legends, Plat No. 6.06, a Private Subdivision, Burnet County, Texas.  Being a Replat of Lots 6006 and 6013, The Legends, Plat No. 6.1, located on Ranchway Circle.
 
17.  Discussion and/or action regarding the Preliminary Plat of Rustic Ranch Subdivision, 10.00 Acres consisting of 5.50 acres out of the Fedele Secholzer Svy. No. 18, Abst. No. 791 and 4.50 acres out of the Maria Catalina Salinas Svy. No. 776, Burnet County, Texas “at the intersection of Rustic Lane and Hummingbird Way adjacent to “The Place”

18.  Discussion and/or action regarding the Replat of Lots 318 and a portion of 322, Windermere Oaks, to be known as “Lot 318-A, Windermere Oaks, Chestershire Section, Burnet County, Texas”

19.  Discussion and/or action regarding the Replat of Lots 289 -291 and half of 292, Windermere Oaks, to be known as “Lot 290-A, Windermere Oaks, Yorkshire Section, Burnet County, Texas”

20.  Discussion and/or action regarding the Replat of half of Lot 292 and all of Lots 293 and 294, Windermere Oaks, Yorkshire Section, Burnet County, Texas.

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).   
 
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:
            a. Treasurer Report for August
           
25.   Acknowledgement of Receipt:
            a.  TCEQ Notice of  Application for an Air quality Standard Permit For Permanent Rock and Concrete Crushers
            b. 33^rd and 424^th Judicial District Courts Administrative Order Setting Compensation and Expenses of Court Reporters
            c. 33^rd and 424^th Judicial District Courts Administrative Order Setting Compensation and Expenses of Auditor Assistants of Burnet County
 
26.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
 
27.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.
 
 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.
            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.
 

Discussion and/or action concerning approving a Special Election regarding an Incorporation Election in the Spicewood Area.

Judge Oakley called the meeting to order at 9:08 a.m.

Commissioner Precinct 4 Joe Don Dockery gave the invocation.

The court led the Pledge of Allegiance to the United States and Texas Flags.

The court held a Public Hearing per Sec. 751.006 Texas Health & Safety Code:
            a. 9:00 a.m. concerning the mass gathering permit relating to the Utopia Fest scheduled for November 1-4, 2018

Sherriff Calvin Boyd voiced his concerns with the road leading into the event and the dates of the event.

Judge Oakley stated this item will be on the October 9, 2018 agenda.

The court heard 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.

Lee Winkler, Resident, presented more signed petitions against Utopia Fest and voiced her concerns with this festival.

Carolyn Chambers, Resident, stated she hopes all County Officials' have done their due diligence and deny this permit.

Stan Roundtree, Resident, stated his concerns with the location, fire safety, and response times should this festival be held.

Eddie Shell, Attorney, thanked the residents for everything they have done to create the United Shady Grove Corridor. Mr. Shell stated his concerns with the promoters following the nondiscretionary and discretionary statutes.

Darrin Zinser, Resident, stated his concerns with the application, road leading into the event and the lack of a second entrance/exit.

Bonnie Brown, Resident, stated her concern for her neighbors, festival attendees, and deer hunters.

Debbie Balsam, Former Nurse at Shady Grove Elementary, stated her concerns with the road and congestion on the narrow road.

Sandra Estes, Resident, stated her concerns with the security, the effect on hunting season and fellow residents.

Jeff Pruitt, Resident, stated his concerns with fire hazards.

Juanita Coffman, Resident, stated if this permit is approved the County is inviting disaster.

Shawn Lovelace, Resident, stated his concerns for future events should this one be approved.
 
Commissioner Precinct 2 Russell Graeter stated he won't be in attendance October 9, 2018. Mr. Graeter voiced his concerns as a resident of this area.

Judge Oakley closed the public hearing.

The court recessed at 10:15 a.m.

The court reconvened at 10:20 a.m.

The court discussed an action concerning approving a Special Election regarding an Incorporation Election in the Spicewood Area.

Doug Ferguson, Elections Administrator, addressed the timeline for a Special Election. Mr. Ferguson stated they have missed the timeline for the November 6 Election, and a Special Election would require 17 days for early voting.

R.G. Carver, Spokesperson for Spicewood Equity Protection Alliance of Texas, stated they are seeking to incorporate by Special Election Ballot. Should this be approved, the city would like to be a Type B General Law City known as Double Horn. Mr. Carver presented a plat to the court and stated how they have met the applicable statutes.

Judge Oakley suggested meeting with Eddie Arredondo, County Attorney, and Doug Ferguson, Elections Administrator.

Chris Bradford, Spicewood Crushed Stone LLC. Representative, would like to see the plat and petition.

The court took no action.

The court heard a presentation on groundwater availability by Mitchell Sodeck, General Manager, Central Texas Groundwater Conservation District.

Mitchell Sodeck, General Manager Central Texas Groundwater Conservation District, requested the court adopt an existing statute requiring an Engineer or Professional Geo Scientist's seal the plat stating the subdivisions have adequate water. Mr. Sodeck would like the Groundwater District to have the opportunity to review these studies before the final plat approval. 

Wayne Brown, Director Groundwater Conservation District, is recommending forming a joint committee to work with developers and Central Texas Water Conservation District. Mr. Brown would also like to amend Burnet County Subdivision Regulations to require this.

The court will meet on workshop settings with the District to address well issues.

The court took no action.

Kathy Griffis Bailey introduced herself as the District #1 Representative.

The court discussed the Final Plat of “Clearwater Landing at LBJ, Plat No. 1.47, A Private Subdivision, Burnet County, Texas”, being a replat of Lots 46 and 47, Clearwater Landing at LBJ, Plat No. 1.1, located at Blue Herron Drive, A Private Subdivision, Burnet County, Texas into one lot.
 
Don Sherman, Willis Sherman & Associates and Herb Darling, Environmental Services Director, presented the final plat to the court.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat of “Clearwater Landing at LBJ, Plat No. 1.47, A Private Subdivision, Burnet County, Texas”, being a replat of Lots 46 and 47, Clearwater Landing at LBJ, Plat No. 1.1, located at Blue Herron Drive, A Private Subdivision, Burnet County, Texas into one lot.

Vote: 5 - 0 Passed - Unanimously

The court discussed the Final Plat of “Clearwater Landing at LBJ II, Phase 2, Plat No. 2.11, 0.45 acre out of the William Simmons Svy. No. 121, Abst. No. 777, off The Legends, Burnet County, Texas.

Don Sherman, Willis Sherman & Associates and Herb Darling, Environmental Services Director, presented the final plat to the court.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to approve the final plat of “Clearwater Landing at LBJ II, Phase 2, Plat No. 2.11, 0.45 acre out of the William Simmons Svy. No. 121, Abst. No. 777, off The Legends, Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

The court discussed the Final Plat of the “The Ranch on Lake LBJ, Phase One, Plat No. 1.9, 0.66 acres out of the W.B. Wainscott Svy. No. 29, Abst. No. 949, 200 block of Hannahs Way,  A Private Subdivision, Burnet County, Texas.

Don Sheman, Willis Sherman & Associates, and Herb Darling, Environmental Services Director, presented the final plat to the court.

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the final plat of the “The Ranch on Lake LBJ, Phase One, Plat No. 1.9, 0.66 acres out of the W.B. Wainscott Svy. No. 29, Abst. No. 949, 200 block of Hannahs Way, A Private Subdivision, Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

The court discussed the Final Plat of the “The Legends, Plat No. 6.06, a Private Subdivision, Burnet County, Texas.  Being a Replat of Lots 6006 and 6013, The Legends, Plat No. 6.1, located on Ranchway Circle.

Don Sherman, Willis Sherman & Associates and Herb Darling, Environmental Services Director, presented the final plat to the court.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat of the “The Legends, Plat No. 6.06, a Private Subdivision, Burnet County, Texas," once the final document has been received by Mr. Sherman.

Vote: 5 - 0 Passed - Unanimously

The court discussed the Preliminary Plat of Rustic Ranch Subdivision, 10.00 Acres consisting of 5.50 acres out of the Fedele Secholzer Svy. No. 18, Abst. No. 791 and 4.50 acres out of the Maria Catalina Salinas Svy. No. 776, Burnet County, Texas “at the intersection of Rustic Lane and Hummingbird Way adjacent to “The Place”.

Don Sherman, Willis Sherman & Associates and Herb Darling, Environmental Services Director, presented the preliminary plat to the court.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the preliminary plat of Rustic Ranch Subdivision, 10.00 Acres consisting of 5.50 acres out of the Fedele Secholzer Svy. No. 18, Abst. No. 791 and 4.50 acres out of the Maria Catalina Salinas Svy. No. 776, Burnet County, Texas “at the intersection of Rustic Lane and Hummingbird Way adjacent to “The Place”.

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of Lots 318 and a portion of 322, Windermere Oaks, to be known as “Lot 318-A, Windermere Oaks, Chestershire Section, Burnet County, Texas”.

Don Sherman, Willis Sherman & Associates and Herb Darling, Environmental Services Director, presented the replat to the court.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of Lots 318 and a portion of 322, Windermere Oaks, to be known as “Lot 318-A, Windermere Oaks, Chestershire Section, Burnet County, Texas” subject to P.O.A. signatures.

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of Lots 289 -291 and half of 292, Windermere Oaks, to be known as “Lot 290-A, Windermere Oaks, Yorkshire Section, Burnet County, Texas” subsequent to receiving the original.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of Lots 289 -291 and half of 292, Windermere Oaks, to be known as “Lot 290-A, Windermere Oaks, Yorkshire Section, Burnet County, Texas subsequent to receiving the original.

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of half of Lot 292 and all of Lots 293 and 294, Windermere Oaks, Yorkshire Section, Burnet County, Texas.

Don Sherman, Willis Sherman & Associates and Herb Darling, Environmental Services Director, presented the replat to the court.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the replat of half of Lot 292 and all of Lots 293 and 294, Windermere Oaks, Yorkshire Section, Burnet County, Texas subsequent to receiving original signatures.

Vote: 5 - 0 Passed - Unanimously

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

Constable Precinct 4 Missy Bindseil introduced Chris Cowan as the new Environmental Deputy.

The court discussed the approval of an amendment to the Personnel Policies for The County of Burnet.

Sara Ann Luther, Human Resources Director, presented the proposed changes to the court.

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 3 Billy Wall to approve an amendment to the Personnel Policies for The County of Burnet concerning Policy 3.07 Overtime Compensation.

Vote: 5 - 0 Passed - Unanimously

The court discussed Department Updates:
            a. Treasurer Report for August

Sara Ann Luther, Human Resources Director, stated open enrollment is completed.

Karrie Crownover, Treasurer, presented the Treasurer's Report for August.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther Jr., to approve the Treasurer's Report for August.

Vote: 5 - 0 Passed - Unanimously

Herb Darling, Environmental Services Director, stated his office is busy.

The court discussed moving the regularly scheduled Commissioner’s Court dates from November 13, 2018 to November 14, 2018, and December 25, 2018 to December 20, 2018.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve moving the regularly scheduled Commissioner’s Court dates from November 13, 2018 to November 14, 2018, and December 25, 2018 to December 20, 2018.

Vote: 5 - 0 Passed - Unanimously

The court discussed approval to accept grant for FY 19 for the 33^rd and 424^th Judicial Districts Drug Court Program with Specialty Courts Program with the Criminal Justice Division (CJD) of the Office of the Governor in the amount of $87, 109.00.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept a grant for FY 19 for the 33^rd and 424^th Judicial Districts Drug Court Program with Specialty Courts Program with the Criminal Justice Division (CJD) of the Office of the Governor in the amount of $87,109.00.

Vote: 5 - 0 Passed - Unanimously

The court discussed the resignation of Judge Roxanne Nelson from the Opportunities for Williamson and Burnet Counties, and the appointment of Damon Beierle to same.

Incoming Commissioner Damon Beierle has stated he is unable to accept this appointment.

Judge Oakley asked the court for any recomendations.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the resignation of Judge Roxanne Nelson from the Opportunities for Williamson and Burnet Counties.

Vote: 5 - 0 Passed - Unanimously

The court discussed the appointment of Judge Roxanne Nelson to the Bluebonnet Trails Board.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept the appointment of Judge Roxanne Nelson to the Bluebonnet Trails Board.

Vote: 5 - 0 Passed - Unanimously

No action was taken.

The court made a reconsideration of the third early voting location in Marble Falls, for the general election, as requested by Marble Falls, ISD.

Judge Oakley stated the proposed third voting location is Marble Falls Middle School.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to designate the third early voting location be at the Marble Falls Middle School.

Vote: 5 - 0 Passed - Unanimously

The court discussed approving a Special Election regarding an Incorporation Election in the Spicewood Area.

Doug Ferguson, Elections Administer, stated he has received all the petitions and will be checking signatures. Mr. Ferguson stated voting will be held at 103 Double Horn Trail on December 6, 2018, early voting will be held at the South Annex.

No further action was taken.

The court made an Acknowledgement of Receipt:
            a.  TCEQ Notice of Application for an Air quality Standard Permit For Permanent Rock and Concrete Crushers
            b.  33^rd and 424^th Judicial District Courts Administrative Order Setting Compensation and Expenses of Court Reporters
            c.  33^rd and 424^th Judicial District Courts Administrative Order Setting Compensation and Expenses of Auditor Assistants of Burnet County
 

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

Karen Hardin, County Auditor, added an additional grant from the Office of the Governor, Criminal Justice Division, Violence Against Women Formula Grant for DPS Sex Offender Registry Investigator.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr., to approve the acceptance of a grant from the Office of the Governor, Criminal Justice Division, Violence Against Women Formula Grant for DPS Sex Offender Registry Investigator.

Vote: 5 - 0 Passed - Unanimously 

Karen Hardin, County Auditor, added a contract with Eide Bailly for Auditing Services in the amount of $32,000.00.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a contract with Eide Bailly in the amount of $32,000.00.

Vote: 5 - 0 Passed - Unanimously

Karen Hardin, County Auditor, additional contract with Johnson Controls Inc. and a Professional Services Agreement with Phillip Pall, Veterans Service Officer.

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve contracts with Johnson Controls Inc. and Phillip Pall.

Vote: 5 - 0 Passed - Unanimously

The court discussed a Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. 

Karen Hardin, County Auditor, presented the bid received from Trucksite in the amount of $49,080.00.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Russell Graeter to accept the bid for a 2003 Thomas Built Safe-T Liner Prison Transport Bus in the amount of $49,080.00

Vote: 5 - 0 Passed - Unanimously

The court discussed 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.

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

Vote: 5 - 0 Passed - Unanimously

No action was taken.

The court discussed calendar review.

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).

The court will discuss security measures at the Jail and pending litigation Caroom vs. Inks Isle LLC. involving Herb Darling and Burnet County Commissioner's Court.
Attendees:
Eddie Arredondo
Karen Hardin
Capt. Matt Kimbler
Lt. Grayson Floyd
Janet Parker

The court reconvened in Open Session at 12:20 a.m.

Commissioner Precinct 2 Russell Graeter was not present.

The court discussed actions regarding items discussed in Executive Session and take up for consideration and possible action, pursuant to Chapter 262, Texas Local Government Code. 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr., to call for bids for a Security System at the Jail.

Vote: 4 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to authorize the County Attorney to contact TAC concerning the lawsuit.

Vote: 4 - 0 Passed - Unanimously

Judge Oakley adjourned the meeting at 12:21 p.m.