REGULAR MEETING DATE:  Tuesday February 26, 2019 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas
 
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 regarding the donation of $1,814.41 for the purchase of a computer, printer, and the installation cost for the Bertram Library staff (Brock/Oakley)
 
5.  Discussion and/or action regarding the status and/or continuation of the contract between Briggs Volunteer Fire Department and Burnet County for Emergency Fire Response Assistance (Beierle)
 
6.  Discussion and/or action regarding the Approval to accept grant #3612601 from Office of the Governor, Criminal Justice Division, Justice Association Grant Program for Dedicated Nuisance Control Officer (Environmental Deputy).  (Oakley/Bindseil/Smith)
 
7.  Discussion and/or action to Approve and sign agreements and requested cover letter for the K9s4COPs grant for a single purpose narcotics trained K9.  Sheriff’s office has begun interviews to assign deputy to the K9.  Plans are to include maintenance of the dog in the budget (Oakley)
 
8.  Presentation from the Burnet County Child Welfare Board (Oakley)
 
9.  Discussion and/or action regarding Public Hearing:
            10:00 a.m. Public hearing concerning adopting Section 232.0032 of Texas Local Government Code relating to certification of adequate groundwater for platted subdivisions that will rely on groundwater under the land for a water source in the unincorporated areas of Burnet County (Oakley)
 
10.  Discussion and/or action to purchase a portion of private property on Co. Rd. 330 and 335 for right of way safety, and to be able to transfer funds to pay for land surveying and fence (Wall)
 
11. Discussion and/or action concerning expenditure from the Capital Reserve Fund for materials for vehicle storage barn at the Jail (Oakley
 
12.  Discussion and/or action regarding any items deemed necessary and relevant to the October 16th flood (Oakley)
 
13.  Discussion and/or action regarding a request for variance from the Burnet County Subdivision regulations by Craig and Shirley Wagenfuhr for a 4 acre tract out of the Joel D. Rains Svy. #13, Abst. #716, out of a 117.633 acre parent tract in the 8400 block of FM 1431 E, Burnet County, Texas (Wall)
 
14.  Discussion and/or action regarding final plat approval for Ranches at Bentley Ridge, Phase 1, a private subdivision consisting of 14 lots on 88.12 acres out of the Mathias Hirschpold Svy., Abst. No. 408 and the Daniel Winchel Svy. No. 20, Abst. No. 950, Burnet County, Texas.  Located near the 3500 block of FM 963 and the 2500 block of CR 112 (Beierle)
 
15.  Discussion and/or action regarding the Burnet County Subdivision Regulations (Herb/Oakley)
 
16.  Discussion and/or action regarding a Final Plat of Morrows Meadows, 3.34 acres out of the Maria Salinas Svy. No. 17, Abst. No. 776, Burnet County, Texas a one lot subdivision on Exeter Road south of Windermere Oaks Subdivision including a variance request for a 20 ft. wide neck fronting on Exeter Road because the 3.34 acres will be restricted from any futher subdivision into smaller parcels unless at least 20 more feet is added to form 50ft. of road frontage on Exeter Road.  1000 Block Exeter Road.  (Dockery)
 
17.  Discussion and/or action regarding the Final Plat of Miller Acres, 10.00 acres out of the Thomas Hancock Svy. No. 26, Abst. No. 441, Burnet County, Texas a 3 lot subdivision on County Road 330 using one Mutual Access Easement on County Road 330 to serve all 3 lots, including a variance request for a 25ft wide neck fronting on County Road 330 because the two 2.5 acre lots will be restricted from any further subdivision into smaller parcels unless at least 25 more feet is added to form 50ft. of road frontage on County Road 330.   3100 Block of Co. Rd. 330 (Dockery)
 
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.  (Oakley)
 
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.  (Oakley)
 
21.  Discussion and/or action regarding Department Updates:  (Oakley)
 
22.   Acknowledgement of Receipt: (Oakley)
            a. TCEQ Notice
            b. MIS Summary October 2018 – December 2018
           
23.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
 
24.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.  (Oakley)

1. Discussion and/or action awarding debris removal of contract per TDA noncompetitive bid process to Texas Disposal System for flood debris Oct. 2018
2. Review Results and Award Paving Oil and Paving Rock Bids – Opened 2/12/19
3. Go out for bids for Pct. 4, 2018 tax note road improvement projects

 
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. 
                                                                                   
James Oakley, Burnet County Judge 
                                                                                               
Reviewed by:  Eddie Arredondo, County Attorney
 

Judge Oakley called the meeting to order at 9:00 a.m.

Comm. Beierle gave the invocation.  The court led the pledges to the US and Texas flags.

There were no comments from the public.

The court received a report and presentation from Caroline Ragsdill, President of the Child Welfare Board.  The court thanked all of the volunteers that serve on the board.

Comm. Luther is not present in court.

The court discussed a donation of $1,814.41 for the purchase of a computer, printer, and the installation cost for the Bertram Library staff.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle  to approve the donation of $1,814.41 for the purchase of a computer, printer and the installation cost for the Berram Library staff.

Vote: 4 - 0 Passed - Unanimously

Other:

County Judge James Oakley (Absent)

The court discussed the status and or continuation of the contract between Briggs Volunteer Fire Department and Burnet County for Emergency Fire Response Assistance.  Comm. Beierle updated the court and stated the ESD and the Volunteer Fire Department are under negotiations for the equipment. The court discussed the mutual aid agreement with the Volunteer Fire Department.

Comm. Luther is present.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall  to suspend the mutual aid contract with the Briggs Volunteer Fire Department until such time as they can provide services.

Vote: 5 - 0 Passed - Unanimously

The court discussed approval to accept grant #3612601 from the office of the Governor, Criminal Justice Division, Justice Association Grant Program for Dedicated Nuisance Control Officer.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve acceptance of grant #3612601 from the office of the Governor, Criminal Justice Division, Justice Association Grant Program for Dedicated Nuisance Control Officer.

Vote: 5 - 0 Passed - Unanimously

The court discussed action to approve and sign agreements and requested cover letter for the K94COPs grant for a single purpose narcotics trained K9.  Sheriff's office has begun interviews to assign deputy to the K9.  Plans are to include maintenance of the dog in the budget.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve and sign agreements and requested cover letter for the K94COPs grant for a single purpose narcotics trained K9.

Vote: 5 - 0 Passed - Unanimously

The court discussed the purchase of a portion of private property on CR 330 and CR 335 for right of way safety and to be able to transfer funds to pay for land surveying and fence.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to allow Comm. Wall to proceed with the purchase of a portion of private property on CR 330 and CR 335 for right of way safety and transfer of funds to pay for land surveying and fence.

Vote: 5 - 0 Passed - Unanimously

The court discussed approval of the final plat.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the final plat for the Ranches at Bentley Ridge, Phase 1 a private subdivision consisting of 14 lots on 88.12 acres out of the Mathias Hirschpold Svy., Abst. No. 408 and the Daniel Winchel Svy., No 20, Abst., 950,Burnet County, Texas. Located near the 3500 block of FM 963 and the 2500 block of CR 112.

Vote: 5 - 0 Passed - Unanimously

The court discussed an expenditure from the Capital Reserve Fund for materials for a vehicle storage barn at the Jail.  Comm. Beierle stated his road & bridge crew will apply the base and the seal coat.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to authorize an expenditure from the Capital Reserve Fund not to exceed $12,000,00 for materials for the vehicle storage barn at the Jail.

Vote: 5 - 0 Passed - Unanimously

Herb Darling, Environmental Services Director stated there will be a public assistance kick off meeting next week.

The court discussed approval of the Final Plat of Morrows Meadows, 3.34 acres out of the Maria Salinas Svy. No. 17, Abst. No. 776, Burnet County, Texas a one lot subdivision on Exeter Road south of Windermere Oaks Subdivision including a variance request for a 20 ft. wide neck fronting on Exeter Road because the 3.34 acres will be restricted from any futher subdivision into smaller parcels unless at least 20 more feet is added to form 50ft. of road frontage on Exeter Road.  1000 Block Exeter Road.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat of Morrows Meadows, 3.34 acres out of the Maria Salinas Svy No 17, Abst. No 776, Burnet County, Texas a one lot subdivision on Exeter Road south of Windermere Oaks Subdivision including a variance request for a 20 foot wide neck fronting on Exeter Road because the 3.34 acres will be restricted from any further subdivision into smaller parcels unless at least 20 more feet is added to form 50 feet of road frontage on Exeter Road.

Vote: 5 - 0 Passed - Unanimously

The court discussed approval of the final plat of Miller Acres, 10.00 acres out of the Thomas Hancock Svy. No 26, Abst. No 441, Burnet County Texas a 3 lot subdivision on County Road 330 using one mutual access easement on County Road 330 to serve all 3 lots, including a variance request for a 25 foot wide neck fronting on County Road 330 because the two 2.5 acre lots will be restricted from any further subdivision into smaller parcels unless at least 25 feet is added to form 50 feet of road frontage on County Road 330.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the final plat of Miller Acres, 10.00 acres out of the Thomas Hancock Svy No. 26, Abst. No 441, Burnet County Texas a 3 lot subdivision on County Road 330 using one mutual access easement on County Road 330 to serve all 3 lots, including a variance request for a 25 foot wide neck fronting on County Road 330 because the two 2.5 acre lots will be restricted from any further subdivision into smaller parcels unless at least 25 more feet is added to form 50 feet of road frontage on County Road 330.

Vote: 5 - 0 Passed - Unanimously

The court discussed Burnet County Subdivision Regulations. Herb Darling, Environmental Services Director requested Comm. Dockery and Comm. Luther set on a committee with himself to review the county's subdivision regulations.  The court took no action.

The court took no action.

The court took no action.

The court took no action.

The court discussed a request for variance from the Burnet County Subdivision regulations Craig and Shirley Wagenfuhr for a 4 acre tract out of the Joel D. Rains Svy #13, Abst. #716, out of a 117.633 acre parent tract in the 8400 block of FM 1431 E, Burnet County Texas.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a request for variance from the Burnet County Subdivision regulations by Craig and Shirley Wagenfuhr for a 4 acre tract out of the Joel D. Rains Svy #3, Abst. #716, out of a 117.633 acre parent tract in the 8400 block of FM 1431 E, Burnet County Texas.

Vote: 5 - 0 Passed - Unanimously

The court acknowledged receipt of the TCEQ Notice - Camp Champions, the MIS Monthly Report, and TXDOT request for county roadway materials.

 The court discussed approval to apply for Indigent Defense Grant for technology items. The grant deadline is March 11, 2019.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to apply for the Indigent Defense Grant for technology.

Vote: 5 - 0 Passed - Unanimously

The court discussed call for bids, request for proposals, bid openings and RFP openings. 

a.   Discussion and/or action awarding debris removal of contract per TDA noncompetitive bid process to Texas Disposal System for flood debris October 2018
b.   Review Results and Award Paving Oil and Paving Rock Bids - Opened 2/12/19
c.   Go out for bids for Pct. #4, 2018 tax note road improvement projects

a.   No action

b.   The court received one bid - Ergon Asphalt & Emulsions

c.    The court received three bids - Texas Materials Old Castle; Capital Aggregates; Brauntex Materials.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to award the bid for paving oil to Ergon Asphalt & Emulsion.

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to award the bid for paving rock to Capital Aggregate.

Vote: 5 - 0 Passed - Unanimously

The court held a public hearing concerning adopting Section 232.0032 of the Texas Local Government Code relating to certification of adequate groundwater for platted subdivision that will rely on groundwater under the land for a water source in the unincorporated areas of Burnet County.
Mitchell Sodek with the Central Texas Groundwater Conservation District addressed the court and discussed Priority Groundwater Management Areas. Mr. Sodek stated that the southern part of the Hill Country falls within a Priority Groundwater Management Area. Burnet County has not been identified as needing to be in a Priority Groundwater Management Area.

The court will hold another public hearing on February 27th at 5:30 pm at the Burnet County Courthouse.

The court discussed the call for bids for Precinct #4, 2018 tax note road improvement projects.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to call for bids for Precinct #4, tax note road improvement projects.

Vote: 5 - 0 Passed - Unanimously

The court discussed the consent agenda.  Karin Smith, County Auditor requested a hand check in the amount of $50,000.00 from R&B General for the purchase of a haul truck. 

Comm. Luther requested a hand check to secure the purchase of a 2009 Freightliner dump truck for R&B, Precinct #1.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the consent agenda along with a hand check to purchase a haul truck in the amount of $50,000.00 from R&B General.

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a hand check to secure the purchase of a 2009 freightliner dump truck for R&B Precinct #1.

Vote: 5 - 0 Passed - Unanimously

No action

The court discussed calendar review.

Judge Oakley adjourned the meeting at 10:45 am.