REGULAR MEETING DATE:  Tuesday March 12, 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 a Resolution/Order to reimburse expenditures with proceeds of future debt – 2019 Freightliner M2-106 Chassis with Entyre 2000-gallon Asphalt Distributor: $199,453.30 (Smith)
 
5.  Presentation to recognize the recipients of the Burnet County Historical Commissions Annual Service Award for 2017 & 2018 (Beierle)
 
6.  Discussion and/or action to approve Pro Dirt Services Change Order No. 2 : Add hot mix at 2 locations (Smith/Luther)
 
7.  Discussion and/or action regarding VetRide Independent Contractor Agreement: Jesse Lofgreen (Smith)
 
8.  Discussion and/or action regarding the Approval to accept the FY 2019 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission.  Amount is $47,234.00 and will be received in four equal payments (Oakley/Poppema)
 
9.  Discussion and/or action concerning appointments to the Burnet County Child Welfare Board (Oakley)
 
10.  Discussion and/or action concerning positions on any proposed legislation during the current legislative session (Oakley)
 
11.  Discussion concerning an update from the Central Texas Water Coalition (Oakley)
 
12.  Discussion and/or action regarding Public Hearing:
            10:00 a.m. Public hearing concerning amending Section 10 of the Burnet County OSSF Order to change the discharge design standards for RV Parks from 40 gallons per day to 100 gallons per day (Oakley)
 
13.  Discussion and/or action concerning amending Section 10 of the Burnet County OSSF Order to require RV park effluent design to be 100 gallons per day per space (Oakley)
 
14. Discussion and/or action adopting Groundwater availability requirements for platted subdivision pursuant to Chapter 232.0032 of the Texas Local Government Code to be set forth by Appendix G of the Burnet County Subdivision Regulations (Oakley)
 
15.  Discussion and/or action concerning amending the Burnet County Subdivision Regulations to reflect procedural changes, groundwater availability and to address flag lots (Oakley)
 
16.  Discussion and/or action concerning the Final plat of Crawford Subdivision, Phase II, a private subdivision consisting of 2 lots on 17.447 acres out of the David Harmon League Svy. No. 4, Abst. No. 386, Burnet County, Texas.  Located in the 1800 block of CR 258 (Beierle)
 
17.  Discussion and/or action concerning a Replat of Lots D, 107-110, 115-120, 121-125, 153-157, and 158-163 of Council Creek South, Unit No. 1, to be known as Lots 117A, 122A, 122B, 125A, and 125B, Council Creek South, Unit No. 1 (Luther)
 
18.  Discussion and/or action concerning a Public hearing for the Replat of Lots 26 & 27, Kingsland Hills, Sec. 2, a subdivision in Burnet County, Texas, as shown on plat recorded in Cab. 1, Slide 57A, Plat Records of Burnet  County, Texas to be known as Lot 26A, Kingsland Hills, Sec. 2, to be heard on March 12, 2019 (Luther)
 
19.  Discussion and/or action regarding the Replat of Lots 137 and 138, Sherwood Shores III, Burnet County, Texas, to be known as a replat of Lots 137 and 138, Sherwood Shores III, Burnet County, Texas (Luther)
 
20.  Discussion and/or action regarding a Replat of Lots 446, 447 and 448, Whitewater Springs, Sec. 4, recorded in Cab. 2, Slides 14D and 150A thru 150-D, Plat records, Burnet County, Texas to be known as “ A Replat of Lots 446, 447, and 448, Whitewater Springs, Sec. 4, Burnet County, Texas, followed by D/A on the same (Wall)
 
21.  Discussion and/or action concerning a Public hearing on the Replat of the remaining 5.02 acres of Lot 2-A,  Block “A”, Oaks at Spicewood, recorded in Cab. 2, Slide 10B, Plat records.  The owner is proposing to divide the 5.02 acres into 2 lots, using one Mutual Access Easement on State Hwy. 71 to serve both lots, and including a variance request for a 25 ft. wide neck fronting on Hwy. 71, because Lot 2-C will be restricted from any further subdivision into smaller parcels nor used as access for a future subdivision unless at least 25 more feet is added to from 50 ft. of road frontage of hwy. 71 (Dockery)
 
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)
            a. Treasurer’s Report – January 2019
            b. Treasurer – Acceptance of Donation received by the  Burnet  County Sheriff’s office – Kenneth J. Peterson & Assoc. for $500.00 for K-9 Unit
 
26.   Acknowledgement of Receipt: (Oakley)
            a. MIS Summary
            b. Cottonwood Shores  Audit Report 2018
           
27.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       (Oakley)

1. Ratify TX Gang Intelligence Index User Agreement
2. Hill Country Recycling Reuse Facility Operations Agreement
3. Ratify Waste Management Amendment to  Consent Agreement (Corrections)

 
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.

James Oakley, County Judge, called the meeting to order at 9:03 AM.

Joe Don Dockery, Commissioner Precinct 4, led the court in the pledges to the Texas and United States flags, and in the invocation.

Herb Darling, Environmental Services Director, updated the court on former Commissioner Ronny Hibler's declining health.

Jo Ann Myers with The Burnet County Historical Commission, introduced Linda French who presented the Annual Service Awards for 2017-2018.

The Court discussed an update from the Central Texas Water Coalition.

Jo Carr Tedder from Central Texas Water Coalition gave a summary of  the Sunset Advisory Commission's review of LCRA.

The Court discussed Replat of Lots D, 107-110, 115-120, 121-125, 153-157, and 158-163 of Council Creek South, Unit No. 1, to be known as Lots 117A, 122A, 122B, 125A, and 125B, Council Creek South, Unit No. 1.

Herb Darling, Environmental Services Director presented the Replat.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve Replat of Lots D, 107-110, 115-120, 121-125, 153-157, and 158-163 of Council Creek South, Unit No. 1, to be known as Lots 117A, 122A, 122B, 125A, and 125B, Council Creek South, Unit No. 1.

Vote: 5 - 0 Passed - Unanimously

The court discussed adopting Groundwater availability requirements for platted subdivision pursuant to Chapter 232.0032 of the Texas Local Government Code to be set forth by Appendix G of the Burnet County Subdivision Regulations.

Herb Darling, Environmental Services Director, and Mitchell Sodek with the Central Texas Groundwater Conservation District proposed adopting Appendix G (Groundwater Availability Certification for Platting) into the Burnet County Subdivision Regulations.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve adopting Groundwater availability requirements for platted subdivision pursuant to Chapter 232.0032 of the Texas Local Government Code to be set forth by Appendix G of the Burnet County Subdivision Regulations.

Vote: 5 - 0 Passed - Unanimously

The Court discussed a Resolution/Order to reimburse expenditures with proceeds of future debt – 2019 Freightliner M2-106 Chassis with Entyre 2000-gallon Asphalt Distributor: $199,453.30.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a Resolution/Order to reimburse expenditures with proceeds of future debt – 2019 Freightliner M2-106 Chassis with Entyre 2000-gallon Asphalt Distributor.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the approval of the Pro Dirt Services Change Order No. 2 : Add hot mix at 2 locations.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle  to approve Pro Dirt Services Change Order No. 2 : Add hot mix at 2 locations.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the VetRide Independent Contractor Agreement: Jesse Lofgreen.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve VetRide Independent Contractor Agreement: Jesse Lofgreen.

Vote: 5 - 0 Passed - Unanimously

The Court discussed action regarding the Approval to accept the FY 2019 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission.  Amount is $47,234.00 and will be received in four equal payments.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve action regarding the Approval to accept the FY 2019 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission. Amount is $47,234.00 and will be received in four equal payments.

Vote: 5 - 0 Passed - Unanimously

The court held a Public hearing on the Replat of the remaining 5.02 acres of Lot 2-A,  Block “A”, Oaks at Spicewood, recorded in Cab. 2, Slide 10B, Plat records.  The owner is proposing to divide the 5.02 acres into 2 lots, using one Mutual Access Easement on State Hwy. 71 to serve both lots, and including a variance request for a 25 ft. wide neck fronting on Hwy. 71, because Lot 2-C will be restricted from any further subdivision into smaller parcels nor used as access for a future subdivision unless at least 25 more feet is added to from 50 ft. of road frontage of Hwy. 71.

Herb Darling, Environmental Services Director, and Don Sherman, Willis-Sherman Associates, presented the Replat.  John & Dora Lee Piskor, owners of an adjacent property, had questions regarding the replat. Mr. Sherman, Mr. Darling, Comm. Wall, Comm. Dockery, and Judge Oakley addressed their concerns.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a discussion on a Public hearing on the Replat of the remaining 5.02 acres of Lot 2-A, Block “A”, Oaks at Spicewood, recorded in Cab. 2, Slide 10B, Plat records. The owner is proposing to divide the 5.02 acres into 2 lots, using one Mutual Access Easement on State Hwy. 71 to serve both lots, and including a variance request for a 25 ft. wide neck fronting on Hwy. 71, because Lot 2-C will be restricted from any further subdivision into smaller parcels nor used as access for a future subdivision unless at least 25 more feet is added to from 50 ft. of road frontage of Hwy. 71.

Vote: 5 - 0 Passed - Unanimously

The court discussed a Replat of Lots 446, 447 and 448, Whitewater Springs, Sec. 4, recorded in Cab. 2, Slides 14D and 150A thru 150-D, Plat records, Burnet County, Texas to be known as “ A Replat of Lots 446, 447, and 448, Whitewater Springs, Sec. 4, Burnet County, Texas, followed by discussion and action on the same.

Herb Darling, Environmental Service Director, and Don Sherman, Willis-Sherman Assoc. presented the Replat.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery  to approve a Replat of Lots 446, 447 and 448, Whitewater Springs, Sec. 4, recorded in Cab. 2, Slides 14D and 150A thru 150-D, Plat records, Burnet County, Texas to be known as “ A Replat of Lots 446, 447, and 448, Whitewater Springs, Sec. 4, Burnet County, Texas, followed by D/A on the same.

Vote: 5 - 0 Passed - Unanimously

The court held a public hearing concerning amending Section 10 of the Burnet County OSSF Order to change the discharge design standards for RV Parks from 40 gallons per day to 100 gallons per day.

Herb Darling, Environmental Service Director, presented the reasoning behind the proposed amendment.

Damon Naumann addressed the court on short vs long term rentals.

 The court discussed amending Section 10 of the Burnet County OSSF Order to require RV park effluent design to be 100 gallons per day per space.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve amending Section 10 of the Burnet County OSSF Order to require RV park effluent design to be 100 gallons per day per space.

Vote: 5 - 0 Passed - Unanimously

The court discussed the Final plat of Crawford Subdivision, Phase II, a private subdivision consisting of 2 lots on 17.447 acres out of the David Harmon League Svy. No. 4, Abst. No. 386, Burnet County, Texas.  Located in the 1800 block of CR 258.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve the Final plat of Crawford Subdivision, Phase II, a private subdivision consisting of 2 lots on 17.447 acres out of the David Harmon League Svy. No. 4, Abst. No. 386, Burnet County, Texas. Located in the 1800 block of CR 258.

Vote: 5 - 0 Passed - Unanimously

The court discussed approval of the Replat of Lots 137 and 138, Sherwood Shores III, Burnet County, Texas, to be known as a replat of Lots 137 and 138, Sherwood Shores III, Burnet County, Texas.

Herb Darling, Environmental Service Director, and Don Sherman, Willis-Sherman Associates, presented the Replat. James Oakley, County Judge, clarified for the court that the new lot would be known as lot 138A.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the Replat of Lots 137 and 138, Sherwood Shores III, Burnet County, Texas, to be known as a replat of Lots 137 and 138, Sherwood Shores III, Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

The court discussed amending the Burnet County Subdivision Regulations to reflect procedural changes, groundwater availability and to address flag lots.

Herb Darling, Environmental Service Director, presented the Amendments to the Regulation.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve amending the Burnet County Subdivision Regulations to reflect procedural changes, groundwater availability and to address flag lots.

Vote: 5 - 0 Passed - Unanimously

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the appointment of Calvin Jones Jr. and Trisha Ray Nato to the Burnet County Welfare Board.

Vote: 5 - 0 Passed - Unanimously

The court discussed positions on any proposed legislation during the current legislative session.

James Oakley, County Judge, stated this item was placed on the agenda as a place holder, and would continue to appear on future agendas.


No Action at this time.

The court discussed a Public hearing for the Replat of Lots 26 & 27, Kingsland Hills, Sec. 2, a subdivision in Burnet County, Texas, as shown on plat recorded in Cab. 1, Slide 57A, Plat Records of Burnet  County, Texas to be known as Lot 26A, Kingsland Hills, Sec. 2, to be heard on March 12, 2019.

No Action at this time.

No action taken.

No action taken.

No action taken.

The court heard Department updates.

Karrie Crownover, County Treasurer, presented the January 2019 report.

Sara Ann Luther, Director of Human Resources, presented a new supplemental insurance option, American Fidelity, and suggested developing a new system to receive online employment applications. The court agreed to look further into this and for Mrs. Luther to continue to research this topic.

James Oakley, County Judge, presented to the court the progress of the Re-cycle building.

Joe Don Dockery, Commissioner Pct. 4, informed the court that the removal of the debris pile from the 2018 flooding will be completed today by Precinct 4 and Precinct 1 Road & Bridge crews.

The court discussed acceptance of a donation recieved by the Burnet County Sheriff office - Kenneth J. Peterson & Associates for $500.00 for the K-9 Unit.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the January 2019 Treasurer's Report.

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Donation received by the Burnet County Sheriff’s office – Kenneth J. Peterson & Assoc. for $500.00 for K-9 Unit.

Vote: 5 - 0 Passed - Unanimously

The court acknowledged the receipt of the MIS Summary and Cottonwood Shores Audit Report 2018. Commissioner Dockery clarified for the court that this was the VFD Audit Report.

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

Karen Hardin, Director County Services, presented the ratification of the Waste Management to a consent agreement.  Karen Hardin explained to the courts the Auditor received an incorrect amount and the agreement was corrected and resubmitted back to the court for approval.

Karen Hardin, Director County Services, presented Hill Country Recycling Reuse Facility Operations Agreement. 

Karen Hardin, Director of County Services, presented to the courts the monthly renewal report for the ICE detainees held in Burnet County. 

Karen Hardin, Director County Services, submitted the ratification of the TX Gang Intelligence Index User Agreement.  
 
James Oakley, County Judge, discussed two payments that met the criteria as previously agreed upon to Reveille Peak Ranch for the DIA Conference and Magpul International Distributor Event for the Burnet County Tourism.  The first check was for $6,300.00 and the second check was for $8,100.00.

James Oakley, County Judge, presented Work Order NO. 18-139.4 to improve County Road 210, 219, & 266,  in accordance with the terms and conditions of the Professional Services Agreement between Burnet County and K.C. Engineering, Inc. dated April 11, 2017.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve contracts, agreements or grants to be approved and/or ratified.

Vote: 5 - 0 Passed - Unanimously

The court discussed authorizing Karin Smith, County Auditor, to call for bids for repairs to approximately 3.6 miles of County Road 123 to Highway 1431. 

The court discussed the construction of a metal building at the Jail.  Karin Smith, County Auditor, reported to the court the estimate did not include concrete or insulation.  The current estimate amount is 34,794.00 and will be paid out of the Building Reserve Fund.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve Karin Smith, County Auditor, to call for bids for repairs for approximatley 3.6 miles on County Road 123 to Highway 1431.

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve the building quotation from Mueller Inc. for a 50 x 100 metal building to be constructed for the jail.

Vote: 5 - 0 Passed - Unanimously

The court discussed the consent agenda.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the consent agenda and its entirety.

Vote: 5 - 0 Passed - Unanimously

No action taken.

The court discussed the calendar review.

The court adjourned at 11:02 am.