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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 29 day of May 2019, 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 Damon Beierle; Commissioner Precinct 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Attendees:
Karin Smith, County Auditor; Stephanie McCormick, Comm. Court Coordinator; Janet Parker, County Clerk; Carole Poppema, Assistant County Auditor
 
AGENDA
 An  agenda  packet  containing  detailed  information   on  the  items  listed  below  is  distributed  to  the  County  Judge, Commissioners, and County  Clerk the Friday preceding  the meeting.   The agenda packet is also posted on the county website at   www.burnetcountytexas.org, under Public Meetings.   A hard copy of the agenda packet is available in the County Clerk's office. Our Mission Statement:  The mission of Burnet County is to maintain overall efficient and effective management of county resources while providing the services mandated by state and federal law and desired by the citizens of Burnet County.
 
REGULAR MEETING DATE:  Wednesday May 29, 2019 MEETING TIME: 9:00 a.m.
MEETING PLACE: 1st 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 approval for VETRIDE to apply for the Highland Lakes Service League 2019 grant.  Grant Application acceptance dates are May 15- August 1 (McCoy/Hardin)
 
5.  Discussion and/or action to accept and sign grant for $50,000 for VETRIDE from 2019-2020 Texas Veterans Commission Fund for Veterans General Assistance.  Grant period is 7/1/2019-6/30/2020 (Smith)
 
6.  Discussion and/or action regarding the approval for VETRIDE to apply for the Marble Falls Rotary Club Charitable Contribution Grant for $1000.00 (Smith)
 
7.  Discussion and/or action to approve and sign Signatory Resolution (A201) and designation form (A202) which give signatory authority for contract documents and pay request documents, and the Civil Rights Resolution which includes adaptation of
            1. Citizen Participation Plan and Grievance Procedures (A1013)
            2. Section 3 Policy (A1002)
            3. Excessive Force Policy (A1003)
            4. Section 504 Policy and Grievance Procedures (A1004)
            5. Limited English Proficiency Plan (A1010)
            6. Fair Housing Policy (A1015)
            7. Code of Conduct Policy
For the Texas Department of Agriculture (TDA) Disaster Relief (DR) Fund through the Community Development Block Grant (TxCDBG) Program for $350,000 in support of debris removal and proper disposal (Oakley)
 
8.  Discussion and/or action regarding the approval for the Sheriff’s Office to apply for the bulletproof Vests Partnership Program through the Office of Justice Programs at the Department of Justice (Boyd/Smith)
 
9.  Discussion and/or action regarding the consideration of/take action to set the fee for Ignition Interlock Monitoring Fees Pursuant to CCP Art. 17.441 (d) (Smith/Judge Noaker)
 
10.  Discussion and/or action regarding the approval of the signed County Bank Depository contract with Bancorp South Bank (Smith)
 
11. Discussion and/or action regarding the District Judge’s budget, a Public Hearing is scheduled for August 16, 2019 at 8:00 a.m. in Courtroom #1, Burnet County Annex North, Burnet, Texas (Oakley)
 
12.  Discussion and/or action concerning positions on any proposed legislation during the current legislative session (Oakley)

13.  Discussion and/or action concerning items related to the FY 2020 Burnet County Budget (Oakley)

14.  Discussion and/or action concerning a Replat of Lot 42, Seven Creeks Ranch to be known as 7 Creeks Ranch, Phase 6, consisting of 17 lots on 141.62 acres (Beierle)
 
15.  Discussion and/or action concerning the acceptance of a cash bond in the amount of $271,380.00 for roads and drainage for 7 Creeks Ranch, Phase 6 (Beierle)
 
16.  Discussion and/or action concerning a variance request from the Burnet County Subdivision Regulations by Pamela Pauline Gray to create a tract less than 10 acres out of an 18.34 acre tract located at 10445 Cr 200 (Beierle)
 
17.  Discussion and/or action regarding the approval of a joint resolution establishing an inter jurisdictional emergency management program by and between Burnet County and the City of Double Horn (Dockery)
 
18.  Discussion and/or action regarding the Replat of Tract 27, Tobyville Acres, A subdivision in Burnet County, Texas, as shown on plat recorded in Cab. 1, Slide 76B, Plat records of Burnet County, Texas and a 1.00 acre tract out of said Tract 27 (Luther)
 
19.  Discussion and/or action regarding the Replat of Lots 85 & 86, Ridge Harbor, Sec. 1, a subdivision in Burnet County, Texas, as shown on plat recorded in Cab. 1, Slide 190C, plat records of Burnet County, Texas, to be known as “Lot 85A, Ridge Harbor, Sec. 1” (Dockery)
  
20.  Discussion and/or action regarding the Replat of Lot 6004, The Legends, Plat No. 6.1, on plat recorded in Cab. 2, Slide 20B, plat records of Burnet County, Texas, and a 0.01 acre tract out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas (Luther)
 
21.  Discussion and/or action regarding the JP 4 office requesting $1,090.85 from the technology fund to replace necessary hardware on Constable Bindseil’s License Plate Reader (LPR) device.  The attached invoice describes the battery box/pack needed to power the LPR.  This request is made to the Court per Art. 102.0173 (3)(c)&(e) of the Code of Criminal Procedure (Bindseil)
 
22.  Discussion and/or action regarding a Reimbursement Resolution for the 2019 Chevrolet Silverado for RB1 (Luther)
 
23.  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).   
           
24. Reconvene in Open Session.  (Oakley)
 
25. 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)
 
26.  Discussion and/or action regarding Department Updates:  (Oakley)
           
27.   Acknowledgement of Receipt: (Oakley)
            a. Post Funding Report for the Tourism Dept. from Bluebonnet Festival
           
 28.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       (Oakley)
 
  1. Work Order No. 18-139.4a for a survey work to be done at CR 266/SH29
  2. Approve Contract with Brannan Paving for CR 120 construction project awarded 5/1/19
  3. Approve change order No. 4 for CR 120 Reconstruction project
 29.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings
      or submitted bids.  (Oakley)
  
30.  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.
                                               
31.  Discussion regarding any previous agenda items.
 
32.  Calendar Review.
 
33.  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
 James Oakley, County Judge, called the meeting to order at 9:00 am.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Damon Beierle, Commissioner Precinct 2, led the court in the Invocation and the Pledges to the U.S. and Texas Flags.
 
Item #3:
Comments
No comment
 
Item #18:
Replat Tobyville Acres
The court discussed the Replat of Tract 27, Tobyville Acres, A subdivision in Burnet County, Texas, as shown on plat recorded in Cab. 1, Slide 76B, Plat records of Burnet County, Texas and a 1.00 acre tract out of said Tract 27.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Replat of Tract 27, Tobyville Acres, A subdivision in Burnet County, Texas, as shown on plat recorded in Cab. 1, Slide 76B, Plat records of Burnet County, Texas and a 1.00 acre tract out of said Tract 27.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #19:
Replat Ridge Harbor, Sec.1
The court discussed the Replat of Lots 85 & 86, Ridge Harbor, Sec. 1, a subdivision in Burnet County, Texas, as shown on plat recorded in Cab. 1, Slide 190C, plat records of Burnet County, Texas, to be known as “Lot 85A, Ridge Harbor, Sec. 1”.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Replat of Lots 85 & 86, Ridge Harbor, Sec. 1, a subdivision in Burnet County, Texas, as shown on plat recorded in Cab. 1, Slide 190C, plat records of Burnet County, Texas, to be known as “Lot 85A, Ridge Harbor, Sec. 1”

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Replat The Legends
The court discussed the Replat of Lot 6004, The Legends, Plat No. 6.1, on plat recorded in Cab. 2, Slide 20B, plat records of Burnet County, Texas, and a 0.01 acre tract out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Replat of Lot 6004, The Legends, Plat No. 6.1, on plat recorded in Cab. 2, Slide 20B, plat records of Burnet County, Texas, and a 0.01 acre tract out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #14:
Replat Seven Creeks Ranch
The court discussed a Replat of Lot 42, Seven Creeks Ranch to be known as 7 Creeks Ranch, Phase 6, consisting of 17 lots on 141.62 acres.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a Replat of Lot 42, Seven Creeks Ranch to be known as 7 Creeks Ranch, Phase 6, consisting of 17 lots on 141.62 acres.

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Ignition Interlock
The court discussed taking action to set the fee for Ignition Interlock Monitoring Fees Pursuant to CCP Art. 17.441.

Judge Noaker, Burnet County Magistrate, explained the process of the Ignition Interlock Monitoring Fees and requested setting a $10 monitoring fee.

The Court and the Auditor will determine which office will collect the monitoring fee.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to set the fee for Ignition Interlock Monitoring Fees Pursuant to CCP Art. 17.441 at $10.00.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #10:
Bank Depository Contract
The court discussed approval of the signed County Bank Depository contract with Bancorp South Bank.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the signed County Bank Depository contract with Bancorp South Bank.

Vote: 5 - 0 Passed - Unanimously

 
Item #27:
Acknowledgement of Receipt
The court discussed Acknowledgement of Receipt: (Oakley)
            a. Post Funding Report for the Tourism Dept. from Bluebonnet Festival


Andi Ball, Tourism Director, reported she has received and reviewed  the report and is satisfied.
 
Item #26:
Department Updates
Herb Darling, Director of Environmental Services, reported his department is busy.

Calvin Boyd, Sheriff, reported the Sheriff's Office is busy.

James Oakley, County Judge, reported the material for the barn at the Jail has been delivered.

Janet Parker, County Clerk, reported her department is busy.

James Oakley, Count Judge, thanked Sophie McCoy, VETRIDES Coordinator, for all the hard work she does for this organization.
 
Item #4:
VETRIDE Grant
The court discussed approval for VETRIDE to apply for the Highland Lakes Service League 2019 grant.  Grant Application acceptance dates are May 15- August 1.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve VETRIDE to apply for the Highland Lakes Service League 2019 grant. Grant Application acceptance dates are May 15- August 1.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Texas Veterans Commission Fund
The court discussed to accept and sign grant for $50,000 for VETRIDE from 2019-2020 Texas Veterans Commission Fund for Veterans General Assistance.  Grant period is 7/1/2019-6/30/2020.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept and sign grant for $50,000 for VETRIDE from 2019-2020 Texas Veterans Commission Fund for Veterans General Assistance. Grant period is 7/1/2019-6/30/2020.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Marble Falls Rotary Club Grant
The court discussed the approval for VETRIDE to apply for the Marble Falls Rotary Club Charitable Contribution Grant for $1000.00.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve VETRIDE to apply for the Marble Falls Rotary Club Charitable Contribution Grant for $1000.00.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Signatory Resolution & Designation Form
The court discussed to approve and sign Signatory Resolution (A201) and designation form (A202) which give signatory authority for contract documents and pay request documents, and the Civil Rights Resolution which includes adaptation of
            1. Citizen Participation Plan and Grievance Procedures (A1013)
            2. Section 3 Policy (A1002)
            3. Excessive Force Policy (A1003)
            4. Section 504 Policy and Grievance Procedures (A1004)
            5. Limited English Proficiency Plan (A1010)
            6. Fair Housing Policy (A1015)
            7. Code of Conduct Policy
For the Texas Department of Agriculture (TDA) Disaster Relief (DR) Fund through the Community Development Block Grant (TxCDBG) Program for $350,000 in support of debris removal and proper disposal.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve and sign Signatory Resolution (A201) and designation form (A202) which give signatory authority for contract documents and pay request documents.

Vote: 5 - 0 Passed - Unanimously


Margaret Hardin with Langford Community Services explained the process  for funding and explained we needed an additional vote for the Civil Rights Resolution.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Civil Rights Resolution.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Cash Bond
The court discussed the acceptance of a cash bond in the amount of $271,380.00 for roads and drainage for 7 Creeks Ranch, Phase 6.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept a cash bond in the amount of $271,380.00 for roads and drainage for 7 Creeks Ranch, Phase 6.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Bulletproof Vests
The court discussed approval for the Sheriff’s Office to apply for the bulletproof Vests Partnership Program through the Office of Justice Programs at the Department of Justice.

Motion by Damon Beierle, Commissioner Precinct 2 resinded his motion and Jim Luther, Commissioner Precinct 1, resinded his second.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to authorize the Sheriff’s Office to apply for the bulletproof Vests Partnership Program through the Office of Justice Programs at the Department of Justice. This motion includes the Constables in the grant request.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
District Judge's Budget
 Notification- no action
 
Item #12:
Proposed Legislation
no comment
 
Item #13:
FY 2020 County Budget
James Oakley, County Judge, thanked the auditor for review of contracts.

The court discussed the FY 2020 Budget.
 
Item #12:
Proposed Legislation
Stephanie McCormick, Court Coordinator, reported the Bill to abolish the collections and improvements program was passed.  The time payment was changed from $25.00 to $15.00 these funds will be used for the improvement of collections.
 
Item #16:
Variance Request
The court discussed a variance request from the Burnet County Subdivision Regulations by Pamela Pauline Gray to create a tract less than 10 acres out of an 18.34 acre tract located at 10445 Cr 200.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve a variance request from the Burnet County Subdivision Regulations by Pamela Pauline Gray to create a tract less than 10 acres out of an 18.34 acre tract located at 10445 Cr 200.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Joint Resolution
The court discussed the approval of a joint resolution establishing an interjurisdictional emergency management program by and between Burnet County and the City of Double Horn.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a joint resolution establishing an interjurisdictional emergency management program by and between Burnet County and the City of Double Horn.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #21:
JP4 Request Funding
The court discussed the JP 4 office requesting $1,090.85 from the technology fund to replace necessary hardware on Constable Bindseil’s License Plate Reader (LPR) device.  The attached invoice describes the battery box/pack needed to power the LPR.  This request is made to the Court per Art. 102.0173 (3)(c)&(e) of the Code of Criminal Procedure.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to authorize JP 4 office request of $1,090.85 from the technology fund to replace necessary hardware on Constable Bindseil’s License Plate Reader (LPR) device.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Recess
 
The court reconvened with all members present.
 
Item #22:
Reimbursement Resolution
The court discussed a Reimbursement Resolution for the 2019 Chevrolet Silverado for RB1.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a Reimbursement Resolution for the 2019 Chevrolet Silverado for RB1 in the amount of $31,000.00.

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
Executive Session
No action
 
Item #24:
Open Session
No action
 
Item #25:
Discussed in Executive Session
No action
 
Item #28:
Contracts
The court discussed contracts, agreements or grants to be approved and/or ratified: 
 
  1. Work Order No. 18-139.4a for a survey work to be done at CR 266/SH29
  2. Approve Contract with Brannan Paving for CR 120 construction project awarded 5/1/19
  3. Approve change order No. 4 for CR 120 Reconstruction project
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve contracts, agreements or grants.

Vote: 5 - 0 Passed - Unanimously

 
Item #29:
Bids
No action
 
Item #30:
Consent Agenda
The court discussed the Consent Agenda.

Joe Don Dockery, Commissioner Precinct 4, requested to vote on the line item transfer separately. 

The court discussed line item transfer for Road & Bridge Precinct 408N.

Chris Cowan, Environmental Services Officer, has submited a letter of resignation.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Consent Agenda with the exception of the line item transfers.

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 line item transfer for R&B precinct 4 for $1,000.00 for the survey for the acquisition of right of way on county road 408N.

Vote: 5 - 0 Passed - Unanimously

 
Item #31:
Previous Agenda Items
No action
 
Item #22:
Reimbursement Resolution
James Oakley, County Judge, reported he signed the reimbursement resolution.
 
Item #32:
Calendar Review
The court discussed Calendar Review.
 
Item #33:
Adjournment
James Oakley, County Judge, adjourned the meeting at 10:30 am.