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 August 13, 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 for FY 2020 Contract for Services with Bluebonnet Trails Community Mental Health and Mental Retardation Center d/b/a Bluebonnet Trails Community Services and The Burnet County Jail for the provision of psychiatric services provided to inmates of the Burnet County Jail (Oakley/Kimbler)
 
5. Discussion and/or action to approve and sign Statement of Grant Award from the Auto Burglary and Theft Prevention Authority for FY 20/21 for the Heart of Texas Auto Theft Task Force.  Grant amount is $200,000 (Oakley/Boyd/Smith)
 
6.  Discussion and/or action to approve and sign the Interlocal Agreement with Coryell and Limestone Counties to agree to Burnet County being the Manager of administration as well as each county’s portion of financial responsibility in order to operate the Heart of Texas Auto Theft Task Force (Oakley/Boyd/Smith)
 
7.  Discussion and/or action of the building and septic report submitted by the Development Service Dept (Smith)
 
8.  Discussion and/or action in regards to the Bingo prize fees allocation to the County.  Pursuant to House Bill 914, enacted by the 86^th Texas Legislature, in order to continue to receive a share of bingo prize fees after Jan. 1, 2020, the County must have a majority vote and notify the Texas Lottery Commission of decision by no later than Nov. 1, 2019 (Oakley)
 
9.  Discussion and/or action  regarding authorization for Burnet County Precinct 4 to operate county equipment on the property owned by the Spicewood Volunteer Fire Department, a non-profit organization for the purposes of grounds preparation for their annual fund raiser to benefit all citizens of Burnet county and serving a public purpose (Dockery)
10.  Discussion and/or action regarding Burnet County Commissioners Court adopting extended hours of the sale of mixed beverages, wine, and beer, Pursuant to Sections 105.03, 105.4, and 105.05 of The Texas Alcoholic Beverage Code, in the unincorporated areas of Burnet County that are not “Dry Areas” Pursuant to Section 251.71 of the Texas Alcoholic Beverage Code (Oakley/Arredondo)
 
11.  Discussion and/or action regarding approval of Interlocal Agreement and adoption of an order by and between Burnet County and Burnet County ESD #9 to assist with the installation of an LP gas tank (Dockery)
 
12.  Discussion and/or action regarding renewing copier lease/purchase options for Elections and Tax Offices (Smith)
 
13. Discussion and/or action to approve contract for DIR Security Assessment (Ferguson)
 
14.  Discussion and/or action regarding a part-time employee at Marble Falls Library (Luther, Sara Ann )

15.  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)
 
16.  Discussion and/or action concerning a variance request from the Burnet County Subdivision Regulations by Mr. and Mrs. Merrill Buckner to create 3 tracts (12, 12 and 13.95 acres in the Gabriel Choat Svy., Abst. #190) as a gift to their children, located at 4616 SH 29, Bertram (Beierle)
 
17.  Discussion and/or action concerning the release of Cash Maintenance Bond CMB 17-09-01 for the Buena Vida Ranch Subdivision in the amount of $16,032.19 (Beierle)
 
18.  Discussion and/or action concerning a variance request from the Burnet County Subdivision Regulations by Gary and Shirley Madsen for a 1.59 acre tract out of the J.E. Webb Svy. No. 66, Abst. No. 1710, located at 580 Panther Creek Road (Beierle)
 
19.  Discussion and/or action regarding the Replat of Lots 16, 17, and a portion of Lot 38, Ridge Harbor, Sec. 1, to be known as Lot 16 A, Ridge Harbor, Sec. 1 (Dockery)
 
20.  Discussion and/or action regarding the Replat of Lot 24, The Ranches at Lost Mountain, Sec. II, to be known as Lot 24A (Luther)
 
21.  Discussion and/or action regarding the Replat of Lots 34 & 35 and a portion of Reserved area in Council Creek Village, Unit 1, to be known as Lots 34A & Lot 35A, Council Creek Village, Unit 1 (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 Preliminary Plat approval for Dockal Ranchettes, Phase 1, a private subdivision consisting of 40 lots on 97 acres out of the Guadalupe College Svy. No. 1, Abst. No. 34b, located at 6130 E., FM 243 (Beierle)
 
24.  Discussion and/or action concerning items related to the FY 2020 Burnet County Budget (Oakley)
 
25.  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).   
           
26. Reconvene in Open Session.  (Oakley)
 
27. 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)
 
28.  Discussion and/or action regarding Department Updates:  (Oakley)
            a. Treasurer’s Monthly Report – June 2019
            b. Treasurer’s Qtrly. Investment Report – 3^rd Qtr. FY 2018-2019
                       
29.   Acknowledgement of Receipt: (Oakley)
            a. 3^rd Qtr. Financial from Cottonwood Shores VFD
            b. TCEQ Notice of Application
 
30.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       (Oakley)

1. MOU between the Burnet County Jail and Bluebonnet Trails Community Services
2. DMV contract for the use of the Tax Assessor’s computer equipment
3. Hill County Happenings Contract- Tourism

31.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings
      or submitted bids.  (Oakley)

               1. To go out for bids for County Vending Machine Services 
 
 
32.  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.
                                               
33.  Discussion regarding any previous agenda items.
 
34.  Calendar Review.
 
35.  Adjournment.
 
 
                                                                                   
James Oakley, Burnet County Judge
 
                                                                                               
Reviewed by:  Eddie Arredondo, County Attorney

 
 

James Oakley, County Judge, called the meeting to order at 9:10 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 Comment

The court discussed the Replat of Lot 24, The Ranches at Lost Mountain, Sec. II, to be known as Lot 24A.

Marissa Canales with Cuplin & Associates presented the replat.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the Replat of Lot 24, The Ranches at Lost Mountain, Sec. II, to be known as Lot 24A.

Vote: 5 - 0 Passed - Unanimously

The court discussed a Preliminary Plat approval for Dockal Ranchettes, Phase 1, a private subdivision consisting of 40 lots on 97 acres out of the Guadalupe College Svy. No. 1, Abst. No. 34b, located at 6130 E., FM 243.

Marti Robertson representing Dockal Ranchettes, LLC presented the preliminary plat.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a Preliminary Plat approval for Dockal Ranchettes, Phase 1, a private subdivision consisting of 40 lots on 97 acres out of the Guadalupe College Svy. No. 1, Abst. No. 34b, located at 6130 E., FM 243.

Vote: 5 - 0 Passed - Unanimously

The court discussed 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.

Rex Bohls addressed the court on the right of way access for the four tracts.  Mr. Bohls pulled his request at this time.

The court took no action

The court discussed 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.

Don Sherman with Willis Sherman & Associates presented the final plat.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve 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.

Vote: 5 - 0 Passed - Unanimously

The court discussed a part-time employee at Marble Falls Library.

Sara Ann Luther, Director of Human Resources explained to the court this department has more hours in their budget than staffing. The request from the library is for an addition part time employee.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a part-time employee at Marble Falls Library.

Vote: 5 - 0 Passed - Unanimously

Florence Reeves, Director of Herman Brown Library, shared with the court the Herman Brown Free Library had a successful reading program.  The Burnet location had 126 elementary kids complete the program with over 2,000 hours of reading, along with 17 high school kids completing the program and they read over 40,000 pages.

The court discussed the Replat of Lots 16, 17, and a portion of Lot 38, Ridge Harbor, Sec. 1, to be known as Lot 16 A, Ridge Harbor, Sec. 1.

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

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Replat of Lots 16, 17, and a portion of Lot 38, Ridge Harbor, Sec. 1, to be known as Lot 16 A, Ridge Harbor, Sec. 1.

Vote: 5 - 0 Passed - Unanimously

No action

The Court discussed adopting extended hours of sale of mixed beverages, wine, and beer, Pursuant to Sections 105.03, 105.4, and 105.05 of The Texas Alcoholic Beverage Code, in the unincorporated areas of Burnet County that are not “Dry Areas” Pursuant to Section 251.71 of the Texas Alcoholic Beverage Code.

to approve adopting extended hours of sale of mixed beverages, wine, and beer, Pursuant to Sections 105.03, 105.4, and 105.05 of The Texas Alcoholic Beverage Code, in the unincorporated areas of Burnet County that are not “Dry Areas” Pursuant to Section 251.71 of the Texas Alcoholic Beverage Code.

Voting in favor of the motion: County Judge James Oakley, Commissioner Precinct 2 Damon Beierle and Commissioner Precinct 3 Billy Wall.

Voting against the motion: Commissioner Precinct 1 Jim Luther, Jr., Commissioner Precinct 4 Joe Don Dockery.

Vote: 3-2 Passed

No action, this item is being considered to approve.

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

1. MOU between the Burnet County Jail and Bluebonnet Trails Community Services
2. DMV contract for the use of the Tax Assessor’s computer equipment
3. Hill Country Happenings Contract - Tourism 

Andi Ball, Tourism Director, presented the Tourism contract to the court.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve contracts, agreements or grants to be approved and/or ratified: MOU between the Burnet County Jail and Bluebonnet Trails Community Services, DMV contract for the use of the Tax Assessor’s computer equipment, and Hill Country Happenings Contract - Tourism .

Vote: 5 - 0 Passed - Unanimously

The court discussed the approval to sign Statement of Grant Award from the Auto Burglary and Theft Prevention Authority for FY 20/21 for the Heart of Texas Auto Theft Task Force.  Grant amount is $200,000 and the approval to sign the Interlocal Agreement with Coryell and Limestone Counties to agree to Burnet County being the Manager of administration as well as each county’s portion of financial responsibility in order to operate the Heart of Texas Auto Theft Task Force.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve and sign Statement of Grant Award from the Auto Burglary and Theft Prevention Authority for FY 20/21 for the Heart of Texas Auto Theft Task Force. Grant amount is $200,000 and to approve and sign the Interlocal Agreement with Coryell and Limestone Counties to agree to Burnet County being the Manager of administration as well as each county’s portion of financial responsibility in order to operate the Heart of Texas Auto Theft Task Force.

Vote: 5 - 0 Passed - Unanimously

The court discussed the building and septic report submitted by the Development Service Dept.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the building and septic report submitted by the Development Service Dept.

Vote: 5 - 0 Passed - Unanimously

The court discussed the allocation of Bingo prize fees. Pursuant to House Bill 914, enacted by the 86^th Texas Legislature, in order to continue to receive a share of bingo prize fees after Jan. 1, 2020, the County must have a majority vote and notify the Texas Lottery Commission of decision by no later than Nov. 1, 2019.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the allocation of Bingo prize fees.

Vote: 5 - 0 Passed - Unanimously

The court discussed authorization for Burnet County Precinct 4 to operate county equipment on the property owned by the Spicewood Volunteer Fire Department, a non-profit organization for the purposes of grounds preparation for their annual fund raiser to benefit all citizens of Burnet county and serving a public purpose.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve authorization for Burnet County Precinct 4 to operate county equipment on the property owned by the Spicewood Volunteer Fire Department, a non-profit organization for the purposes of grounds preparation for their annual fund raiser to benefit all citizens of Burnet county and serving a public purpose.

Vote: 5 - 0 Passed - Unanimously

The court discussed approval the Interlocal Agreement and adoption of an order by and between Burnet County and Burnet County ESD #9 to assist with the installation of an LP gas tank.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve of Interlocal Agreement and adoption of an order by and between Burnet County and Burnet County ESD #9 to assist with the installation of an LP gas tank.

Vote: 5 - 0 Passed - Unanimously

The court tabled this item.

The court discussed to approve the contract for DIR Security Assessment.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the contract for DIR Security Assessment.

Vote: 5 - 0 Passed - Unanimously

The court discussed a variance request from the Burnet County Subdivision Regulations by Mr. and Mrs. Merrill Buckner to create 3 tracts (12, 12 and 13.95 acres in the Gabriel Choat Svy., Abst. #190) as a gift to their children, located at 4616 SH 29, Bertram.

Herb Darling, Director of Environmental Services, presented the request for variance.  Mr Darling, reported the property owner will survey out the road access to the property.

The court took no action at this time.

The court discussed the release of Cash Maintenance Bond CMB 17-09-01 for the Buena Vida Ranch Subdivision in the amount of $16,032.19.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Cash Maintenance Bond CMB 17-09-01 for the Buena Vida Ranch Subdivision in the amount of $16,032.19.

Vote: 5 - 0 Passed - Unanimously

The court discussed a variance request from the Burnet County Subdivision Regulations by Gary and Shirley Madsen for a 1.59 acre tract out of the J.E. Webb Svy. No. 66, Abst. No. 1710, located at 580 Panther Creek Road.

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 Gary and Shirley Madsen for a 1.59 acre tract out of the J.E. Webb Svy. No. 66, Abst. No. 1710, located at 580 Panther Creek Road.

Vote: 5 - 0 Passed - Unanimously

The court discussed fire department funding.

James Oakley, County Judge, reported to the court that historically Burnet County allocated $23,000.00 per fire department.  The radio fees will be deducted from the amount allocated.  Starting next year, any fire department not in a ESD will have their money reduced by half after the radios fees are deducted.

No action

No comment

No action

Herb Darling, Director of Environmental Services, reported to the court there has been an increase of property development.

Joe Don Dockery, Commissioner Precinct 4, gave the KBDI report.

Karrie Crownover, County Treasurer, gave the monthly Treasurer and quarterly Investment Report.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the monthly Treasurer and quarterly investment report.

Vote: 5 - 0 Passed - Unanimously

The court discussed Acknowledgement of Receipt.
           a. 3^rd Qtr. Financial from Cottonwood Shores VFD
           b. TCEQ Notice of Application

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve 3rd Qtr. Financial from Cottonwood Shores VFD and TCEQ notice of application

Vote: 5 - 0 Passed - Unanimously

The court discussed to go out for bids for County Vending Machine Services.

Karin Smith, County Auditor, explained to the court the procedure of this process and where the allocations from the profits go.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve to go out for bids for County Vending Machine Services.

Vote: 5 - 0 Passed - Unanimously

The court discussed the Consent Agenda.

James Oakley, County Judge, requested to remove agenda item d and discuss separately.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Consent Agenda in its entirety except agenda item d.

Vote: 5 - 0 Passed - Unanimously

The court discussed Line Items Transfers separately from the Consent Agenda.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the Line Item Transfers.

Vote: 5 - 0 Passed - Unanimously

No action

The court discussed calendar review.

James Oakley, County Judge, updated the court on the reuse recycle center.

James Oakley, County Judge, adjourned the meeting at 10:35 am