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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 27th day of November 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; Janet Parker, County Clerk; Carole Poppema, Assistant County Auditor
 
AGENDA
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 the removal of fence constructed within the right of way on County Road 345
 
5.  Discussion and/or action concerning moving the regularly scheduled commissioners court meeting on January 22nd, to January 23rd 
 
6.  Discussion and/or action regarding any items deemed necessary and relevant to the recent flooding 
 
7. Discussion and/or action regarding the release of a Bond #EO67499, Bertram Creekside Ranches in the amount of $153,461.29 and acceptance of a two year Maintenance Bond #CNV-32755-00 in the amount of $23,019.19 
 
8.  Discussion and/or action regarding a variance request from the Burnet County Subdivision Regulations by Dennis and Martha Sells to create a 7.822 acre tract out of a 9.827 acre tract out of the John Harper Svy. No. 14, Abst. No. 393, Burnet County, Texas.  593 Cimarron Ranch Rd. 
 
9.  Discussion and/or action regarding the release of 45% ($403,538.70) of CB-16-9-01 to Legendary Estates on Lake LBJ Development, L.P.  Mark Axford, President. This represents the second release which equals 85% of the bond amount of $896,752.67 with the remaining 15% ($134,512.91) to be held as the maintenance portion for a period of 2 years from this date per the bond agreement
 
10.  Discussion and/or action regarding the Replat of Lots 4, 5, & 6, of Kingsland Ranch, as shown on Plat recorded in Cab. 2, Slide 168B, of the Plat Records of Burnet County, Texas, to be known as Lots 4A & 5A, Kingsland Ranch
 
11.  Discussion and/or action regarding the Replat request for Lots 9, 10, 20, 21, 31, and 32, Bertram Creekside  Ranches to create 24, 2 acre lots and acceptance of Subdivision Improvements Performance Bond CNB-32759-00 in the amount of $185,000 for road construction and drainage related to the replat 
 
12.  Discussion and/or action regarding the Replat of Lot 17, Log Country Cove, Unit One, and Lot 18A, Log Country Cove, to be known as Lots 17A & 18B, Log Country Cove, Unit One
 
13.  Discussion and/or action regarding the Final Plat of “The Ranch on Lake LBJ, Phase Two, Plat No. 2.1, 4.24 acres out of the W.B. Wainscott Svy. No. 29, Abst. No. 949, A private subdivision, Burnet County, Texas
 
14.  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).   
 
15. Reconvene in Open Session.
 
16. 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.
 
17.  Discussion and/or action regarding Department Updates:
                       
18.   Acknowledgement of Receipt:
           
19.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
            a.  Texas Public Safety UAS Summit Event
 
20.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP opening or submitted bids.  
 
 21.  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.
                       
22.  Discussion regarding any previous agenda items.
                                                                                                                           
23.  Calendar Review.
 
24.  Adjournment.
 
 
Item #1:
Call to Order
Judge Oakley called the meeting  to order at 9:00 am.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Commissioner Elect Damon Beierle led the Invocation. 

The Court led the pledges to the United States and Texas flags.
 
Item #3:
Comments
No public comments were made.
 
Item #7:
Bond #EO67499, Bertram Creekside Ranches
The court discussed the release of a Bond #EO67499, Bertram Creekside Ranches in the amount of $153,461.29 and acceptance of a two year Maintenance Bond #CNV-32755-00 in the amount of $23,019.19.

Herb Darling, Environmental Services Director presented the bonds to the court.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of a Bond #EO67499, Bertram Creekside Ranches in the amount of $153,461.29 and acceptance of a two year Maintenance Bond #CNV-32755-00 in the amount of $23,019.19.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #9:
Legendary Estates on Lake LBJ Development, L.P.
The court discussed the release of 45% ($403,538.70) of CB-16-9-01 to Legendary Estates on Lake LBJ Development, L.P.  Mark Axford, President. This represents the second release which equals 85% of the bond amount of $896,752.67 with the remaining 15% ($134,512.91) to be held as the maintenance portion for a period of 2 years from this date per the bond agreement.

Herb Darling, Environmental Services Director, presented the bonds to the court.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve release of 45% ($403,538.70) of CB-16-9-01 to Legendary Estates on Lake LBJ Development, L.P. Mark Axford, President. This represents the second release which equals 85% of the bond amount of $896,752.67 with the remaining 15% ($134,512.91) to be held as the maintenance portion for a period of 2 years from this date per the bond agreement.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Kingsland Ranch
The court discussed the Replat of Lots 4, 5, & 6, of Kingsland Ranch, as shown on Plat recorded in Cab. 2, Slide 168B, of the Plat Records of Burnet County, Texas, to be known as Lots 4A & 5A, Kingsland Ranch.

Greg Mayes, Cuplin & Associates, 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 Lots 4, 5, & 6, of Kingsland Ranch, as shown on Plat recorded in Cab. 2, Slide 168B, of the Plat Records of Burnet County, Texas, to be known as Lots 4A & 5A, Kingsland Ranch.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Dennis and Martha Sells
The court discussed a variance request from the Burnet County Subdivision Regulations by Dennis and Martha Sells to create a 7.822 acre tract out of a 9.827 acre tract out of the John Harper Svy. No. 14, Abst. No. 393, Burnet County, Texas.  593 Cimarron Ranch Rd.

Herb Darling, Environmental Services Director, presented the request to the court.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the variance request from the Burnet County Subdivision Regulations by Dennis and Martha Sells to create a 7.822 acre tract out of a 9.827 acre tract out of the John Harper Svy. No. 14, Abst. No. 393, Burnet County, Texas. 593 Cimarron Ranch Rd.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #12:
Log Country Cove Unit One
The court discussed the Replat of Lot 17, Log Country Cove, Unit One, and Lot 18A, Log Country Cove, to be known as Lots 17A & 18B, Log Country Cove, Unit One.

Herb Darling, Environmental Services Director, and Greg Mayes, Cuplin & Associates, 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 Replat of Lot 17, Log Country Cove, Unit One, and Lot 18A, Log Country Cove, to be known as Lots 17A & 18B, Log Country Cove, Unit One.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Bertram Creekside Ranches
The court discussed the Replat request for Lots 9, 10, 20, 21, 31, and 32, Bertram Creekside  Ranches to create 24, 2 acre lots and acceptance of Subdivision Improvements Performance Bond CNB-32759-00 in the amount of $185,000 for road construction and drainage related to the replat.

Herb Darling, Environmental Services Director, and Marti Robertson, ARC Investing, presented the replat to the court.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Replat request for Lots 9, 10, 20, 21, 31, and 32, Bertram Creekside Ranches to create 24, 2 acre lots and acceptance of Subdivision Improvements Performance Bond CNB-32759-00 in the amount of $185,000 for road construction and drainage related to the replat.

Vote: 5 - 0 Passed - Unanimously

 
Item #4:
County Road 345
The court discussed the removal of fence constructed within the right of way on County Road 345.

Eddie Arredondo, County Attorney, relayed legal advice given by outside counsel Allison & Bass. Mr. Arredondo recommends moving all fencing materials out of established right of way without damaging the fencing materials.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to allow Commissioner Wall to remove the fencing material within the right of way on County Road 345.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
January 22 Commissioner's Court Meeting
The court discussed  moving the regularly scheduled commissioners court meeting on January 22nd, to January 23rd.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve moving the regularly scheduled commissioners court meeting on January 22nd, to January 23rd.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Flooding
The court discussed any items deemed necessary and relevant to the recent flooding.

This item open in conjunction with item #20.

Herb Darling, Environmental Services Director, stated the county received one bid for Freon recovery. The bid states there will be a $200.00 mobilization fee and an additional $12.00 unit fee.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the bid proposal from Rapid Recovery for refrigerant removal.

Vote: 5 - 0 Passed - Unanimously

The court discussed HHW cleanup.

Herb Darling, Environmental Services Director, stated the county received no valid bids for HHW cleanup.

The committee will continue to locate a vendor.

The court discussed the cleanup of trash/debris from flood damage.

Herb Darling, Environmental Services Director, stated that multiple bids are being evaluated.

The court discussed the appropriation of LCRA funds donated for flood cleanup.

Herb Darling, Environmental Services Director, and Karen Hardin, County Services Director, presented a plan for allocating funds.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve allocation of LCRA funds for lake cleanup.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
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).  

No action was taken.
 
Item #15:
Reconvene in Open Session
No action was taken.
 
Item #16:
Items Discussed in Executive Session
No action was taken.
 
Item #17:
Department Updates
The court heard department updates.

Herb Darling, Environmental Services Director, reported that his office is beginning to resume normal duties, and that permit numbers are back on the rise following the flood. Mr. Darling stated several development proposals  have been submitted.

James Oakley, County Judge, reported that Burnet County had a successful media tour and that a couple of stories have already run.
 
Item #18:
Acknowledgement of Receipt
No action was taken.
 
Item #19:
Contract, Agreements, or Grants
Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       a. Texas Public Safety UAS Summit Event

Karen Hardin, County Services Director, added an additional work order with KC Engineering for County Road 123 to FM 1431.

Judge James Oakley added additional invoices for Canyon of the Eagles, Painted Sky, and the updated contract with the Spicewood Library to include payment of the electric utilities.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Russell Graeter to approve all contracts, agreements or grants as presented.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Call for Bids/Requests for Proposals/Qualifications
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 Services Director, stated that monitoring bids are still being evaluated, and a bid to upgrade the jail security system is still pending.
 
Item #21:
Consent Agenda
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 4 Joe Don Dockery to approve the consent agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

Carol Poppema, Assistant County Auditor, presented a request from Sarah Ann Luther, Human Resources Director, for a hand check for insurance payments.

Janet Parker, County Clerk, requested a hand check from restricted funds for the Employee Appreciation Banquet.

Carol Poppema, Assistant County Auditor, requested a hand check for deputies to attend training from the courthouse Security Funds.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve hand checks for Insurance Payments, County Employee Appreciation Banquet, and Deputy Training.

Vote: 5 - 0 Passed - Unanimously

 
Item #22:
Previous Agenda Items
The court discussed previous agenda items.
 
Item #23:
Calendar Review
The court discussed calendar review.
 
Recess
The court recessed at 9:57 am.
 
Reconvene
The court reconvened at 10:02 am.
 
Item #13:
The Ranch on LBJ Phase Two
The court discussed the Final Plat of “The Ranch on Lake LBJ, Phase Two, Plat No. 2.1, 4.24 acres out of the W.B. Wainscott Svy. No. 29, Abst. No. 949, A private subdivision, Burnet County, Texas.

Don Sherman, Willis-Sherman Associates Inc., 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 Final Plat of “The Ranch on Lake LBJ, Phase Two, Plat No. 2.1, 4.24 acres out of the W.B. Wainscott Svy. No. 29, Abst. No. 949, A private subdivision, Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #24:
Adjournment
Judge Oakley adjourned the meeting at 10:05 am.