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:  Tuesday July 23, 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. Presentation of Proclamation for July being “Watch Your Car Month” (Stinehour/Teague)
 
5. Discussion and/or action for the approval to accept and sign a funding agreement for the Texas Historic Courthouse Preservation Program to provide the administration of the grant of funds for development of an updated Courthouse Preservation Master Plan for $44,900.  County Match is $5,000 (Oakley)
 
6.  Discussion and/or action regarding the 3^rd Quarter Marble Falls Area EMS Report (Smith)
 
7.  Discussion and/or action concerning the approval of the bond for John “Chip” Leake, Constable Pct. #3 (Parker)
 
8.  Discussion and/or action concerning establishing a part time Deputy County Clerk position to be funded from the County Clerk Records Management Restricted Funds (Parker)
 
9.  Discussion and/or action regarding the selection of Salary Grievance Committee members (Parker)
 
10.  Discussion and/or action concerning a request for a Public Utility Easement along the eastern fence line of the County Jail (Oakley)
 
11.  Discussion and/or action concerning the Burnet CSCD Proposed FY 20-21 Budgets and notification of date, time, and place of the Open Public Meeting regarding the budget (Smith)
 
 12.  Discussion and/or action concerning the consideration and approval of a Resolution relating to establishing the County’s intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of one or more series of tax-exempt obligations to be issued by the County for authorized purposes; Authorizing other matters incident and related thereto; and providing an effective date.  (Smith)
 
13. Discussion and/or action to approve contract for DIR Security Assessment (Ferguson)
 
14.  Discussion and/or action on moving Precinct 2, Burnet Courthouse polling location to the Extension Office Auditorium for Early Voting and Election Day (Ferguson)

15.  Discussion and/or action concerning purchasing and erecting an aluminum plaque outside the courthouse that deciphers the bas relief art at east and west entrances (Oakley)
 
16.  Discussion and/or action regarding the request from the JP4 office for $70.00 from the time payment fund to pay for the cost of Courtroom Security Training TCOLE 10999.  The class will take place July 25, 2019 (Bindseil)
 
17.  Discussion and/or action regarding the request from the JP3 office for $70.00 from the time payment fund to pay for the cost of Courtroom Security Training TCOLE 10999.  The class will take place July 25, 2019 (Hurst)
 
18.  Discussion and/or action regarding the right-of-way acquisition from Larry Naumann on CR 408 North (Dockery)
 
19.  Discussion and/or action regarding the Hometown Watering Hole operation hours (Wall)
 
20.  Discussion and/or action regarding helping the Helping Center haul gravel and move trees to the new location (Wall)
 
21.  Discussion and/or action regarding a request for a variance from the Burnet County Subdivision Regulations by Rex Bohls, representing Master Flag, LP, to create four tracts being 160.1, 193.4, 153.7, 414.3 acres from a 921.76 acre tract identified by BCAD parcel numbers 58139 (Luther)
 
22.  Discussion and/or action regarding the Final Plat of Clearwater Landing at LBJ II, Phase 2, Plat No. 2.13, 1.38 Acres out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas (Luther)
 
23.  Discussion and/or action regarding a Replat of Lots 236 & 237, Whitewater Springs, Sec. 2, to be known as Lot 236A, Whitewater Springs, Sec. 2 (Wall)
  
24.  Discussion and/or action concerning a Replat of Lot 15, 7 Creeks Ranch to include a 1.64 acre tract out of the Martin Walker Svy. No. 1318,  Abst. No. 1360, a portion of the original Lot 14 that was rearranged in Phase 3 (Beierle)
 
25.  Discussion and/or action concerning the Replat of Lots 33 & 34, Mill Creek Ranch, Sec. 1, to be known as Lots 33A & 34A, Mill Creek Ranch, Sec. 1 (Luther)
 
26.  Discussion and/or action concerning the Replat of Tract 6B, a replat of Tract 6 of Swiss Village, Unit 1, to be known as Tracts 6D & 6E, Unit 1, Swiss Village (Luther)
 
27.  Discussion and/or action concerning a Replat request for Lot 45, Sunset Oaks, Unit 2, to create two, 2.4 acre tracts from one 5 acre tract to be known as Lots 45A and 45B, Sunset Oaks, Unit 2 (Beierle)
 
28.  Discussion and/or action concerning a renewal and reduction of Performance Bond #0726120 for Spicewood Trails (Dockery)
 
29.  Discussion and/or action to authorize the payoff of Tahoe Police Vehicles and 2 CID Vehicles currently leased from Enterprise (Smith)
 
30.  Discussion and/or action concerning items related to the FY 2020 Burnet County Budget (Oakley)
 
31.  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).   
           
32. Reconvene in Open Session.  (Oakley)
 
33. 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)
 
34.  Discussion and/or action regarding Department Updates:  (Oakley)
            a. Post funding update from Marble Falls Rodeo Association Funding (Tourism)           
                       
35.   Acknowledgement of Receipt: (Oakley)
  
36.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:  (Oakley)

1.  New Inmate Housing Agreement with Coryell County
2.  Renewal of Inmate Housing Agreements with:  Bell, Blanco,  Comal, Coryell, Ector, Gillespie, Hamilton, Hays, Kerr, Kimble, Lampasas, Llano, McLennan, McCulloch, San Saba, Somervell, Sutton, Taylor, Tom Green and Travis
3. Approval of Décor IQ proposal for the installation of Christmas lighting    

37.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP opening or submitted bids.  (Oakley)
       a.  Review Results and award CR 210, 219, and 266 reconstruction project – Bids opened 7/16/19 


38.  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/Personnel Action Form 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.
                                               
39.  Discussion regarding any previous agenda items.
 
40.  Calendar Review.
 
41.  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 9:05 am.

Damon Beierle, Commissioner Precinct 2, led the court in Invocation and the court led the Pledges to the U.S. and Texas Flags.

No public comments

The court discussed the Hometown Watering Hole operation hours.

Brian Lynch, Owner of the Hometown Watering Hole, requested to allow his business to extend their hours until 2 am on Friday, Saturday and holiday nights.

Eddie Arredondo, County Attorney, requested to reschedule this agenda item for August 13, 2019.

The court discussed a Replat request for Lot 45, Sunset Oaks, Unit 2, to create two, 2.4 acre tracts from one 5 acre tract to be known as Lots 45A and 45B, Sunset Oaks, Unit 2.

Charla Robertson was present to protest this replat.  Damon Beierle, Commissioner Precinct 2, stated the replat has followed all the guidelines and there is no Deed restrictions prohibiting the replat.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a replat request for Lot 45, Sunset Oaks, Unit 2, to create two, 2.4 acre tracts from one 5 acre tract to be known as Lots 45A and 45B, Sunset Oaks, Unit 2.

Vote: 5 - 0 Passed - Unanimously

James Oakley, County Judge, stated the County Auditor office and Doug Ferguson, Election Director will discuss the wording of the contract with the contractor.  This will be placed on a future agenda.

The court discussed moving Precinct 2, Burnet Courthouse polling location to the Extension Office Auditorium for Early Voting and Election Day.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve moving Precinct 2, Burnet Courthouse polling location to the Extension Office Auditorium for Early Voting and Election Day.

Vote: 4 - 0 Passed - Unanimously

Other:

Commissioner Precinct 4 Joe Don Dockery (Absent)

The court discussed a replat of Lots 236 & 237, Whitewater Springs, Sec. 2, to be known as Lot 236A, Whitewater Springs, Sec. 2.

Marissa Carnales with Cuplin Associates presented the replat.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a replat of Lots 236 & 237, Whitewater Springs, Sec. 2, to be known as Lot 236A, Whitewater Springs, Sec. 2.

Vote: 5 - 0 Passed - Unanimously

The court discussed a replat of Lot 15, 7 Creeks Ranch to include a 1.64 acre tract out of the Martin Walker Svy. No. 1318,  Abst. No. 1360, a portion of the original Lot 14 that was rearranged in Phase 3.

Marissa Canales with Cuplin Associates presented the replat to the court. 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the replat contingent upon signatures of developer on the plat.

Vote: 5 - 0 Passed - Unanimously

The court discussed the Replat of Lots 33 & 34, Mill Creek Ranch, Sec. 1, to be known as Lots 33A & 34A, Mill Creek Ranch, Sec. 1.

Marissa Canales with Cuplin Associates presented the replat to the court.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Lots 33 & 34, Mill Creek Ranch, Sec. 1, to be known as Lots 33A & 34A, Mill Creek Ranch, Sec. 1.

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of Tract 6B, a replat of Tract 6 of Swiss Village, Unit 1, to be known as Tracts 6D & 6E, Unit 1, Swiss Village.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat contingent upon the signature of the surveyor.

Vote: 5 - 0 Passed - Unanimously

Joe Don Dockery, Commissioner Precinct 4, requested to discuss 38D regarding a line item transfer for the security of the South Annex in Marble Falls.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Line Item 38D of the Consent Agenda.

Vote: 5 - 0 Passed - Unanimously

The court discussed of an approval Proclamation for July being “Watch Your Car Month”.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve of the Proclamation for July being “Watch Your Car Month”.

Vote: 5 - 0 Passed - Unanimously

The court discussed the approval to accept and sign a funding agreement for the Texas Historic Courthouse Preservation Program to provide the administration of the grant of funds for development of an updated Courthouse Preservation Master Plan for $44,900.  County Match is $5,000.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to accept and sign a funding agreement for the Texas Historic Courthouse Preservation Program to provide the administration of the grant funds for development of an updated Courthouse Preservation Master Plan for $44,900. County Match is $5,000.

Vote: 5 - 0 Passed - Unanimously

The court discussed the 3^rd Quarter Marble Falls Area EMS Report.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the 3^rd Quarter Marble Falls Area EMS Report.

Vote: 5 - 0 Passed - Unanimously

The court discussed the approval of the bond for John “Chip” Leake, Constable Pct. #3.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the bond for John “Chip” Leake, Constable Pct. #3.

Vote: 5 - 0 Passed - Unanimously

The court discussed a part time Deputy County Clerk position to be funded from the County Clerk Records Management Restricted Funds.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a part time Deputy County Clerk position to be funded from the County Clerk Records Management Restricted Funds.

Vote: 5 - 0 Passed - Unanimously

The court discussed the selection of Salary Grievance Committee members.

Janet Parker, County Clerk, explained the process of Salary Grievance Committee to the court.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the selection of Salary Grievance Committee members.

Vote: 5 - 0 Passed - Unanimously

The court drew names for the public members to serve on the Salary Grievance Committee. The court chose three public members: Robert Smith, Cindy Holcomb, and Dorey Stubblefield and alternates: James Martin, Ida Horton, Keith A. Campbell.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the public members for the Salary Grievance Committee.

Vote: 5 - 0 Passed - Unanimously

The court discussed the Burnet CSCD Proposed FY 20-21 Budgets and notification of date, time, and place of the Open Public Meeting regarding the budget.

The meeting will be August 6, 2019 at 8:30 am in the District Courtroom.

The court took no action on the agenda item.

The court discussed consideration and approval of a Resolution relating to establishing the County’s intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of one or more series of tax-exempt obligations to be issued by the County for authorized purposes; Authorizing other matters incident and related thereto; and providing an effective date.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a Resolution relating to establishing the County’s intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of one or more series of tax-exempt obligations to be issued by the County for authorized purposes; Authorizing other matters incident and related thereto; and providing an effective date.

Vote: 5 - 0 Passed - Unanimously

The court discussed purchasing and erecting an aluminum plaque outside the courthouse that deciphers the bas relief art at east and west entrances.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve purchasing and erecting an aluminum plaque outside the courthouse that deciphers the bas relief art at east and west entrances.

Vote: 5 - 0 Passed - Unanimously

The court discussed the request from the JP4 office for $70.00 from the time payment fund to pay for the cost of Courtroom Security Training TCOLE 10999.  The class will take place July 25, 2019.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the request from the JP4 office for $70.00 from the time payment fund to pay for the cost of Courtroom Security Training TCOLE 10999.

Vote: 5 - 0 Passed - Unanimously

The court discussed the request from the JP3 office for $70.00 from the time payment fund to pay for the cost of Courtroom Security Training TCOLE 10999.  The class will take place July 25, 2019.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the request from the JP3 office for $70.00 from the time payment fund to pay for the cost of Courtroom Security Training TCOLE 10999.

Vote: 5 - 0 Passed - Unanimously

The court discussed the right-of-way acquisition from Larry Naumann on CR 408 North.

Joe Don Dockery, Commissioner Precinct 4, is submitting to purchase almost an acre of land from Larry Naumann in the amount of $25,000.00 out of the 2019 Tax Note. Commissioner Joe Don Dockery's precinct will build the fence in the fall.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the right-of-way acquisition from Larry Naumann on CR 408 North. Joe Don Dockery, Commissioner Precinct 4, amended the motion to include a hand check for this purchase. Billy Wall, Commissioner Precinct 3, seconded by the amended motion, the motion passed.

Joe Don Dockery, Commissioner Precinct 4, amended the motion to include a hand check for this purchase. Billy Wall, Commissioner Precinct 3, seconded by the amended motion, the motion passed.

Vote: 5 - 0 Passed - Unanimously

The court discussed helping the Helping Center haul gravel and move trees to the new location.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve assisting the Helping Center haul gravel and move trees to the new location.

Vote: 5 - 0 Passed - Unanimously

No action on this agenda item.

The court discussed a renewal and reduction of Performance Bond #0726120 for Spicewood Trails.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a renewal and reduction of Performance Bond #0726120 for Spicewood Trails.

Vote: 5 - 0 Passed - Unanimously

The court discussed the payoff of Tahoe Police Vehicles and 2 CID Vehicles currently leased from Enterprise.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to authorize the payoff of Tahoe Police Vehicles and 2 CID Vehicles currently leased from Enterprise.

Vote: 5 - 0 Passed - Unanimously

No action

No action

No action

The court discussed Department Updates:
            a. Post funding update from Marble Falls Rodeo Association Funding

Stephanie McCormick, Court Coordinator for Commissioner Court, stated the event met all of the requirements.  The event was a great success.

Herb Darling, Director of Environmental Services, addressed the court on Rv Parks and requested the court to consider a burn ban on the next agenda.

Joe Don Dockery, Commissioner Precinct 4, updated the court of the progress at the recycle center.

The court received the budget for the Burnet Central Appraisal District.

The court discussed action regarding contracts, agreements or grants to be approved and/or ratified:    

1.  New Inmate Housing Agreement with Coryell County
2.  Renewal of Inmate Housing Agreements with:  Bell, Blanco,  Comal, Coryell, Ector, Gillespie, Hamilton, Hays, Kerr, Kimble, Lampasas, Llano, McLennan, McCulloch, San Saba, Somervell, Sutton, Taylor, Tom Green and Travis
3. Approval of Décor IQ proposal for the installation of Christmas lighting  

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

1. New Inmate Housing Agreement with Coryell County
2. Renewal of Inmate Housing Agreements with: Bell, Blanco, Comal, Coryell, Ector, Gillespie, Hamilton, Hays, Kerr, Kimble, Lampasas, Llano, McLennan, McCulloch, San Saba, Somervell, Sutton, Taylor, Tom Green and Travis
3. Approval of Décor IQ proposal for the installation of Christmas lighting

Vote: 5 - 0 Passed - Unanimously

The court discussed Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.

1.  Review results and award CR 210, 219, and 266 reconstruction project – Bids opened 7/16/19

The county received three bids: Pro Dirt for $1,034,930.60, Smith Contracting Co.,Inc for $1,273,143.50, and Diamond X Contracting for $1,190,139.00.

Damon Beierle, Commissioner Precinct 2, and the consulting Engineer requested to accept the low bid from Pro Dirt Services.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the low bid from Pro Dirt Services in the amount of $1,034,930.60.

Vote: 5 - 0 Passed - Unanimously

The court discussed the Consent Agenda.

Karin Smith, County Auditor, requested 2 hand checks: $299,834.84 for health insurance premium to Texas Association of Counties and $25,000.00 for Right Of Way acquisition for Precinct 4 previously discussed on agenda item #18.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the consent agenda and the issuance of two hand checks.

Vote: 5 - 0 Passed - Unanimously

No action

The court discussed calendar review.

The court discussed adjusted revenue from the jail; inmate medical savings.

No action

James Oakley, County Judge, adjourned the meeting at 10:50 am.