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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 11th day of December 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 abandonment of 1.1 miles of Co. Rd. 345, which is the ending of that road to which LCRA is seeking to assume responsibility of (Wall, Oakley)
 
5.  Discussion and/or possible action, including authorization of litigation to remove obstructions from County Road 345 pursuant to 251.003, 251.008 and 251.016 of the Texas Penal Code, regarding obstruction to public right-of-way or passageway (Oakley, Arredondo)
 
6.  Discussion and/or action concerning the reappointment of Renee Hollingsworth to ESD 9 (Dockery)
 
7.  Discussion and/or action concerning the appointment of Bruce Mills to ESD 9 (Dockery)
 
8.  Recognition and Presentation of Youth Art Exhibit Certificates (Oakley)
 
9.  Discussion and/or action regarding any items deemed necessary and relevant to the recent flooding (Oakley)
            a. Applying for an emergency $350,000 CDBG grant from the TDA
 
10. Discussion and/or action regarding the adoption of the revised purchasing policy (Hardin)
 
11.  Discussion and/or action regarding possible items to be identified for  the issuance of Tax Anticipation Notes for 2019 (Hardin, Oakley)
 
12.  Discussion and/or action regarding the approval to accept $5000 grant and sign contract for Texas Local Emergency Planning Committee (LEPC) Grant program to assist LEPC’s in establishing, maintaining, and/or improving their implementation of Emergency Planning and Community Right-to-know Act (EPCRA). (Oakley, Barho, Hardin)
 
13.  Discussion and/or action regarding the Replat of Lot 9A, Log Country Cove, Unit two, as shown on Plat recorded in Document no. 2015 06557 of the Official Public Records of Burnet County, Texas.  To be known as Lots 9B and 9C, Log Country Cove, Unit 2 (Luther)
 
14.  Discussion and/or action regarding the cancellation of the Final Plat of “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, A Private Subdivision, Burnet County, Texas (Luther)
 
15.  Discussion and/or action regarding the Preliminary Plat approval of Arrowhead Trail Ranch, a private subdivision consisting of 49 Lots on 259.95 acres located at 714 CR 221, Burnet County, Texas portions of the proposed development is in Burnet, Bell and Lampasas Counties.  The portion approved would be for Burnet County only (Graeter)
 
16.  Discussion and/or action regarding the Replat of Lots 41, 43, 44 and a portion of Lot 42 to be known as 7 Creeks Ranch, Phase 5, a private subdivision, consisting of 22 lots averaging 10.94 acres (Graeter)
 
17.  Discussion and/or action regarding the acceptance of CB 18-12-11 in the amount of $288,300.00 for construction of improvements in 7 Creeks Ranch to include 5,766 of roads and drainage (Graeter)
 
18.  Discussion and/or action regarding the release of 60%, $119,100, of Cash Bond #CB 18-6-12 relating to 7 Creeks Ranch, Phase IV (Graeter)
 
19.  Discussion and/or action regarding Adopting a Resolution designating an administration service provider to complete application and project-related management services for the Texas Department of Agriculture’s 2019 TxCDBG Disaster Relief fund (Hardin)
 
20.  Discussion and/or action concerning approval of the required Advanced Funding Agreement (AFA) with TxDOT for the engineering component of the Wirtz Dam project (Oakley)
 
21.  Discussion and/or action concerning the canvassing of the election results for the Incorporation Election of Double Horn (Oakley)
 
22.  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).   
 
23. Reconvene in Open Session.  (Oakley)
 
24. 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.  (Oakley)
 
25.  Discussion and/or action regarding Department Updates:  (Oakley)
                       
26.   Acknowledgement of Receipt: (Oakley)
            a. MIS Summary
           
27.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       (Oakley)
 
  1. Quote from Gonzales & Lindsey for Co. Rd. 404 repair
  2. Highlander Restaurant for the Media Tour
  3. Worley Tree Service
 
28.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.  (Oakley)
 
 29.  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.
                       
30.  Discussion regarding any previous agenda items.
                                                                                                                           
31.  Calendar Review. 
 
32.  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.
 
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00 A.M.
 
Item # 2:
Invocation, Pledges, and Moment of Silence for George H.W. Bush
Judge Oakley led the court in invocation and the pledges of allegiance to the United States and Texas flags. Judge Oakley requested that the court observe a moment of silence in honor of the passing of George H.W. Bush.
 
Item #3:
Comments
The court heard comments from the public. A citizen of Precinct 1 thanked the court for their handling of the flood event.
 
Item # 8:
Youth Art Certificates
The court recognized and presented certificates for the Youth Art Exhibit and thanked Samantha Melvin for involvement in the program.
 
Item # 4:
Abandonment of Co. Rd. 345
The court discussed the abandonment of 1.1 miles of Co. Rd. 345. This is the portion of which LCRA is seeking to assume responsibility.

Burnet County Attorney, Eddie Arredondo advised the court as to the safest way to proceed.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Russell Graeter to acknowledge that the Burnet County Commissioners Court wiil start the process of vacating the last 1.1 miles of County Road 345.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item # 21:
Canvassing for Incorporation Election Double Horn
The court discussed the canvassing of the election results for the Incorporation Election of Double Horn.

Doug Ferguson, Election Administrator, presented his certification of the canvas, and the canvas for the commissioners to sign.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. for approval of the canvassing of the election results for the Incorporation Election of Double Horn.

Vote: 5 - 0 Passed - Unanimously

 
Item # 14:
Plat Cancellation of The Ranch on Lake LBJ
The court discussed the cancellation of the Final Plat of “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, A Private Subdivision, Burnet County, Texas.

Don Sherman, Willis-Sherman Associates Inc., presented the petition for cancellation of the Final Plat of “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, A Private Subdivision, Burnet County, Texas .
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the cancellation of the Final Plat of “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, A Private Subdivision, Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

 
Item # 15:
Preliminary Plat of Arrowhead Trail Ranch
The court discussed the Preliminary Plat approval of Arrowhead Trail Ranch, a private subdivision consisting of 49 Lots on 259.95 acres located at 714 CR 221, Burnet County, Texas portions of the proposed development is in Burnet, Bell and Lampasas Counties.  The portion approved would be for Burnet County only.

Herb Darling, Environmental Services Director, presented the Preliminary Plat approval of Arrowhead Trail Ranch.
 

Motion is made by: Commissioner Precinct 2 Russell Graeter, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Preliminary Plat of Arrowhead Trail Ranch, a private subdivision consisting of 49 Lots on 259.95 acres located at 714 CR 221, Burnet County, Texas portions of the proposed development is in Burnet, Bell and Lampasas Counties. The portion approved would be for Burnet County only.

Vote: 5 - 0 Passed - Unanimously

 
Item # 16:
Replat of 7 Creeks Ranch
No action was taken.
 
Item # 17:
CB 18-12-11 for 7 Creeks Ranch
No action was taken.
 
Item # 18:
Release of CB 18-6-12 7 Creeks Ranch
No action was taken.
 
Item # 5:
Obstruction of County Road 345
The court discussed possible action, including authorization of litigation to remove obstructions from County Road 345 pursuant to 251.003, 251.008 and 251.016 of the Texas Penal Code, regarding obstruction to public right-of-way or passageway.

Eddie Arredondo, Burnet County Attorney, stated that the court would sign an order.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve possible action, including authorization of litigation to remove obstructions from County Road 345 pursuant to 251.003, 251.008 and 251.016 of the Texas Penal Code, regarding obstruction to public right-of-way or passageway.

Vote: 5 - 0 Passed - Unanimously

 
Item # 6:
Reappointment of Renee Hollingsworth to ESD 9
The court discussed the reappointment of Renee Hollingsworth to ESD 9.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to reappoint Renee Hollingsworth to ESD 9.

Vote: 5 - 0 Passed - Unanimously

 
Item # 7:
Appointment of Bruce Mills to ESD 9
The court discussed the appointment of Bruce Mills to ESD 9.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to appoint Bruce Mills to ESD 9.

Vote: 5 - 0 Passed - Unanimously

 
Item # 9:
Recent Flooding
The court discussed applying for an emergency $350,000 CDBG grant from the Texas Department of Agriculture.

Motion is made by: Commissioner Precinct 4, Joe Don Dockery, Seconded by: Commissioner Precinct 1, Jim Luther Jr., to approve applying for an emergency $350,000 CDBG grant from the Texas Department of Agriculture as a contingency to receiving a Federal Disaster Declaration.

Vote: 5 - 0 Passed - Unanimously


The court discussed the disbursement of funds received from the LCRA.

Motion is made by: Commissioner Precinct1, Jim Luther Jr., Seconded By: Commissioner Precinct 2, Russell Graeter to approve the application for LCRA funds. The application process will begin on January 7, 2019 for POA's.

Vote: 5 - 0 Passed - Unanimously


The court discussed the funding of municipalities. Funding will begin immediately; per the previously adopted schedule, with no further action from the court.


Motion is made by: Commissioner Precinct 4, Joe Don Dockery, Seconded by: Commissioner Precint 1, Jim Luther Jr, to approve the the authorization of hand checks to fund municipalities, per the previously adopted schedule, without further action from the court.

Vote:  5 - 0 Passed - Unanimously


Herb Darling, Environmental Services Director, addressed the Federal Declaration status, and reported from the Environmental Services department.
Attachments:
 
Item # 13:
Replat of Log Country Cove
The court discussed the Replat of Lot 9A, Log Country Cove, Unit two, as shown on Plat recorded in Document no. 201506557 of the Official Public Records of Burnet County, Texas.  To be known as Lots 9B and 9C, Log Country Cove, Unit 2.

Herb Darling, Environmental Services Director, and Greg Mayes, Cuplin & Associates, presented the replat to the court, and confirmed that the subdivision is on community water and is a recognized public water supply.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the Replat of Lot 9A, Log Country Cove, Unit two, as shown on Plat recorded in Document no. 201506557 of the Official Public Records of Burnet County, Texas. To be known as Lots 9B and 9C, Log Country Cove, Unit 2. Motion is contingent upon receipt of a letter from TCEQ verifying that Log Country Cove is a recognized public water supply. Commissioner Precinct 1, Jim Luther Jr. will abstain from signing until receipt of said letter from TCEQ.

Vote: 5 - 0 Passed - Unanimously

 
Item # 10:
Purchasing Policy
The court discussed action regarding the adoption of the revised purchasing policy.

Karen Hardin, County Services Director, presented the updated policy according to the new statutes.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the adoption of the revised purchasing policy.

Vote: 5 - 0 Passed - Unanimously

 
Item # 11:
Tax Anticipation Notes
The court discussed possible items to be identified for the issuance of Tax Anticipation Notes for 2019.

James Oakley, County Judge, presented the items which require the issuance of a Tax Anticipation Note for 2019.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Russell Graeter to approve possible items to be identified for the issuance of Tax Anticipation Notes for 2019.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item # 12:
LEPC Grant Approval
The court discussed action regarding the approval to accept a $5000 grant and for the signing of the contract for the Texas Local Emergency Planning Committee (LEPC) grant program to assist LEPC’s in establishing, maintaining, and/or improving their implementation of Emergency Planning and Community Right-To-Know Act (EPCRA).
 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Russell Graeter to approve action regarding the approval to accept a $5000 grant and for the signing of the contract for Texas Local Emergency Planning Committee (LEPC) Grant program to assist LEPC’s in establishing, maintaining, and/or improving their implementation of Emergency Planning and Community Right-To-Know Act (EPCRA).

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Recess
The court recessed at 10:15 am.
 
Item # 23:
Reconvene
The court reconvened at 10:24 am.
 
Item # 10:
Purchasing Policy
Commissioner Precinct 4, Joe Don Dockery, questioned the purchasing policy.

Karen Hardin, County Services Director, clarified that amounts between $1,000-$5,000 may be requested verbally, but that amounts over $5,000 must be submitted using a written quote.

No action was taken.
 
Item # 19:
TxCDBG Disaster Relief Fund
The court discussed regarding Adopting a Resolution designating an administration service provider to complete application and project-related management services for the Texas Department of Agriculture’s 2019 TxCDBG Disaster Relief fund.

Karen Hardin, County Services Director, advised that a committee to review the pre-qualified grant administrators be created at this time. That committee will consist of Commissioner Precinct 1, Jim Luther Jr., Commissioner Precinct 4, Joe Don Dockery, and the County Services Director, Karen Hardin.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve action regarding Adopting a Resolution designating an administration service provider to complete application and project-related management services for the Texas Department of Agriculture’s 2019 TxCDBG Disaster Relief fund and to establish the committee to evaluate pre-approved vendors.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item # 20:
AFA with TxDOT
 The court discussed action concerning approval of the required Advanced Funding Agreement (AFA) with TxDOT for the engineering component of the Wirtz Dam project.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery  to approve action concerning approval of the required Advanced Funding Agreement (AFA) with TxDOT for the engineering component of the Wirtz Dam project.

Vote: 5 - 0 Passed - Unanimously

 
Item # 22:
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 # 23:
Reconvene
 No action was taken.
 
Item # 24:
Items Discussed in Executive Session
 No action was taken.
 
Item # 25:
Department Updates
 No action was taken.
 
Item # 26:
Acknowledgement of Receipt
 The court aknowledged receipt of the MIS Summary for the month of October, and the Notice of Annexation of the property known as Widerness Cove Common Area 2, 48.85 ACRES from the City of Granite Shoals.
 
Item # 27:
Contracts, Agreements, or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
County Judge, James Oakley, presented the following agenda items:

a. Quote from Gonzales & Lindsey for Co. Rd. 404 repair
b. Highlander Restaurant for the Media Tour
c. Worley Tree Service

Karen Hardin, County Services Director, added the following additional contracts to be approved:


d. Enterprise Fleet Management - Crew Cab Pickup
e. KC Engineering work order - CR 340
f. Tax Notes - CR 212 and CR 274 Change Work Order
g. EIGA US Department of Justice
h. Xerox Work Order

 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Russell Graeter  to approve action regarding contracts, agreements or grants to be approved and/or ratified:

  1. Quote from Gonzales & Lindsey for Co. Rd. 404 repair
  2. Highlander Restaurant for the Media Tour
  3. Worley Tree Service
  4. Enterprise Fleet Management - Crew Cab Pickup
  5. KC Engineering Work Order - CR 340
  6. Tax Notes CR 212 & CR 274 Change Work Order
  7. EIGA US Department of Justice
  8. Xerox Benchmark - District Attorney's Office

Vote: 5 - 0 Passed - Unanimously

 
Item # 28:
Bids/Requests
No action was taken.
 
Item # 27:
Contracts, Agreements, or Grants
 The court discussed contracts, agreements or grants to be approved and/or ratified:

Karen Hardin, County Services Director, requested permission to use the Burnet County Grant Administrator to procure grants for the Hill Country Humane Society Animal Shelter. Permission was granted.
 
Item # 29:
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 Precint 3, Billy Wall, to approve the Consent Agenda with the exception of Item D.

Vote: 5 - 0 Passed - Unanimously
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve Item D.

Vote: 5 - 0 Passed - Unanimously

 
Item # 30:
Previous Agenda Items
 The court discussed previous agenda items.

Commissioner Precinct 4, Joe Don Dockery, is rescheduling meeting with Mitchell Sodek from the Groundwater Conservation District to look at the Recycle/Reuse Site for a possible monitor well.
 
Item # 31:
Calendar Review
 The court discussed calendar review.
 
Item # 32:
Adjournment
 County Judge, James Oakley, adjourned court at 10:40 am.