Skip to main content

AgendaQuick™

Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 27th day of  August, 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:
Stephanie McCormick, Comm. Court Coordinator; Janet Parker, County Clerk; Karin Smith, 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:  Tuesday August 27, 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.  Public Hearing on the 2019 Proposed Tax rate which will fund the 2019-2020 Proposed Budget (Smith)
 
5. Public Hearing on the District Clerk Records Archive Plan (Smith)
 
6.  Public Hearing on the County Clerk Records Archive Plan (Smith)
 
7.  Public Hearing on the 2019-2020 Proposed Budget (Smith)
 
8.  Discussion and/or action on any changes to the 2019-2020 Proposed Budget and set date for adoption (Smith)
 
9.  Discussion and/or action for the consideration and approval of an order by the Commissioner’s Court of Burnet County, Texas authorizing the issuance of “Burnet County, Texas Tax and Revenue Anticipation Notes, Series 2019”, prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the notes; authorizing the execution of a paying agent/registrar agreement and a purchase and investment letter; complying with the requirements of the depository trust company’s letter of representations; and providing an effective date (Oakley/Smith)
 
10.  Discussion and/or action regarding the Law Library Fee (Smith)
 
11.  Discussion and/or action regarding the setting the 2020 Sheriff and Constable Fees (Parker)
 
12.  Discussion and/or action concerning the request to LCRA to lower Lake LBJ for a period of time during the winter of 2020 (Oakley)
 
13.  Discussion and/or action regarding the burn ban regulations (Oakley)

14.  Discussion and/or action for the approval of working on John Simmons’ private property to install culverts and widen the right of way on Co. Rd. 335 (Wall)

15.  Discussion and/or action concerning the Replat of Lots 15,16, and 17, Legendary Estates on Lake LBJ, Phase 1, to be known as Lot 15A, Legendary Estates on Lake LBJ, Phase 1 (Luther)
 
16.  Discussion and/or action concerning a Replat of Lots 142 and 143, The Ranches at Blackbuck Ridge, Section 2, to be known as Lot 142A, The Ranches at Blackbuck Ridge, Section 2 (Luther)
 
17.  Discussion and/or action concerning a Replat of Lots 68-74, 107-109, 115-118, and the west ½ of lot 75, Swiss Village to be known as lots 67A, 68A, 74A, 114A and 116A, Swiss Village (Luther)
 
18.  Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Johnny and Denise Gray for a 5 acre tract out of a 40 acre tract in the J.J. Sinnickson Svy. No. 2, Abst. No. 788, located in the 10,000 block of CR 200 (Beierle)
 
19.  Discussion and/or action concerning the final plat approval for Dockal Ranchettes, Phase 1, a private subdivision consisting of 40 lots on 97 acres in the Guadalupe College Svy. No. 1, Abst. No. 346, located at 6130 E. FM 243 (Beierle)
 
20.  Discussion and/or action concerning accepting a change rider on the Spicewood Trails Subdivision Completion Bond 0726120 to reduce the bond amount from $3,700,604.72 to $1,771,227.88 (Dockery)
 
21.  Discussion and/or action regarding the FY20 Holiday Calendar (S. Luther)
 
22.  Discussion and/or action for the approval to purchase a replacement Epson Scanner from JP1 technology funds (Nelson)
 
23.  Discussion and/or action regarding the waiver of penalties for delinquent property tax from the Killoughs (Oakley)
 
24.  Discussion and/or action regarding the waiver of penalties for delinquent property tax from Sound Design (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. Monthly Treasurer’s Report (July)
           
29.   Acknowledgement of Receipt: (Oakley)
            a. Letter from Isaac Davis on CHL Violations
            b. Notice from EBI Consulting of the placing of a proposed telecommunications facility installation
 
30.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       (Oakley)

        a. G Suite Business Account
        b. Bancorp Finance Agreement for 2 dumptrucks 

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

 
 
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
Judge Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Comm. Beierle gave the invocation.  The court led the pledges to U.S. and Texas flags.
 
Item #3:
Comments
There were no comments from the public.
 
Item #4:
Public Hearing
Judge Oakley opened the Public Hearing on the 2019 Proposed Tax rate which will fund the 2019-2020 Proposed Budget.
Attachments:
 
Item #5:
Public Hearing
Judge Oakley opened the Public Hearing on the District Clerk Records Archive Plan.
Attachments:
 
Item #6:
Public Hearing
Judge Oakley opened the Public Hearig on the County Clerk Records Archive Plan.
 
Item #7:
Public Hearing
Judge Oakley opened the Public Hearing on the 2019-2020 Proposed Budget.
 
Item #8:
Date to
Adopt Budget
The court discussed changes to the 2019-2020 Proposed Budget and set date for the adoption. 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to set adoption date of the Budget for September 10, 2019 at 9:00 a.m.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Replat -
Legendary Estates
on Lake LBJ
The court discussed approval of the Replat of Lots 15, 16, and 17, Legendary Estates On Lake LBJ, Phase 1, to be known as Lot 15A, Legendary Estates on Lake LBJ, Phase 1.

Marissa Canales with Cuplin & Associates presented the replat.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Lots 15,16,and 17, Legendary Estates on Lake LBJ, Phase 1, to be known as Lots 15A, Legendary Estates on Lake LBJ, Phase 1.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #16:
Replat -
Ranches at
Blackbuck Ridge,
Section 2
The court discussed approval of a Replat of Lots 142 and 143, The Ranches at Blackbuck Ridge, Section 2, to be known as Lot 142A, The Ranches at Blackbuck Ridge Seciton 2.

Marissa Canales with Cuplin & Associates presented the replat.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Replat of Lots 142 and 143, The Ranches at Blackbuck Ridge, Section 2, to be known as Lot 142A, The Ranches at Blackbuck Ridge, Section 2.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Replat -
Swiss Village
The court discussed approval of a Replat of Lots 68-74, 107-109, 115-118 and the west 1/2 of lot 75 Swiss Village, to be known as Lots 76A, 74A, 114A and 116A, Swiss Village.

Marissa Canales with Cuplin & Associates presented the replat.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Replat of Lots 68-74, 107-109, 115-118 and the west 1/2 of lot 75, Swiss Village to be known as Lots 67A, 74A, 114A and 116A, Swiss Village.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #19:
Final Plat -
Dockal Ranchettes
Phase 1
The court discussed approval of the final plat for Dockal Ranchettes, Phase 1, a private subdivision consisting of 40 lots on 97 acres in the Guadalupe College Svy No. 1, Abst. No 346, located at 6130 E. FM 243.

Marti Robertson with Arc Investing presented the final plat.

Les Thomas addressed the court with concerns for the water supply to the proposed subdivision.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat for Dockal Ranchettes, Phase 1, a private subdivision consisting of 40 ots on 97 acres in the Guadalupe College Svy No. 1, Abst. No. 346, located at 6130 E FM 243.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Variance -
Johnny & Denise Gray
The court discussed approval of a request for variance from the Burnet County Subdivision Regulations by Johnny and Denise Gray for a 5 acre tract out of a 40 acre tract in the J.J. Sinnickson Svy. No.2, Abst., No 788, located in the 10,000 block of CR 200.

Herb Darling, Environmental Services Director presented the request for variance to the court.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request for a variance from the Burnet County Subdivision Regulations by Johnny and Denise Gray for a 5 acre tract our of a 40 acre tract in the J.J. Sinnickson Svy. No 2, Abst. No 788, located in the 10,000 block of CR 200.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Completion Bond -
Spicewood Trails Subd.
The court discussed accepting a change rider on the Spicewood Trails Subdivision Completion Bond 0726120 to reduce the bond amount from $3,700,604.72 to $1,771,227.88.

Herb Darling, Environmental Services Director presented the change rider to the court.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a change rider on the Spicewood Trails Subdivision Completion Bond 0726120 to reduce the bond amount from $3,700,604.72 to $1,771,277.88.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #21:
FY20 Holiday
Calendar
The court discussed adoption of the FY 20 Holiday Calendar.  Sara An Luther, HR Director presented two proposed holiday calendars for the courts consideration. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the FY20 Holiday Calendar with a total of 14 holidays.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #28:
Department
Updates
Sara Ann Luther, HR Director reported to the court on open enrollment begins September 1, 2019.  She will be reaching out to all employees to review benefits.
 
Item #12:
Lake LBJ
The court discussed the request to LCRA to lower Lake LBJ for a period of time during the winter of 2020.  Jim Wade, resident of Waterway Estates addressed the court concerning this request.  Mr. Wade would like to see LCRA lower the lake so that homeowners can continue to work on docks.  Mr. Wade is working with his POA to request "no wake" bouys from LCRA. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to authorize the County Judge to request LCRA to lower Lake LBJ dependent on inflows to the lake.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Burn Ban
The court discussed the burn ban.  Comm. Dockery reported on the KBDI average of 622.  The court took no action at this time.
 
Item #14:
County Road
335
The court discussed approval of working on John Simmons private property to install culverts an widen the right of way on Co Rd. 335.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve working on John Simmons private property to install culverts and widen the right of way on County Road 335.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #22:
JP 1
Technology Funds
The court discussed approval to purchase a replacement Epson Scanner from JP 1 Technology Funds. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve purchase of a replacement Epson Scanner from JP 1 Technology Funds.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #23:
Delinquent
Property Tax
The court discussed approval of waiving penalties for delinquent property tax from the Killoughs. Judge Oakley reported the request is not authorized to be waived according to State statute.  The court took no action on this agenda item.
Attachments:
 
Item #24:
Delinquent
Property Tax
The court discussed a request for waiver of penalties for delinquent property tax from Sound Design.  Judge Oakley reported this request for waiver of penalties is not authorized by statute.  The court took no action on this request.
Attachments:
 
Item #25:
Executive Session
The court took no action on this agenda item.
 
Item #26:
Reconvene

The court took no action on this agenda item.
 
Item #27:
Executive Session
The cout took no action on this agenda item.
 
Item #28:
Treasurer's
Report
Karrie Crownover, County Treasurer presented  the Treasurer's Monthly Report for July.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept the Monthly Treasurer's Report for the month of July.

Recess: The court recessed for 10 minutes.

Reconvene: The court reconvened with all court members present.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #28:
Department
Updates
The court discussed department updates.  Herb Darling, Environmental Services Director reported his office will likely issue 50 building permits for the month of August. 
Judge Oakley gave an update on the historic Jail and the EOC.
Attachments:
 
Item #29:
Acknowledgement
of Receipt
The court received acknowledgement of receipt from:
Letter from Isaac Davis on CHL violations
Notice from  EBI Consulting of the placing of a proposed telecommunications facility installation
Attachments:
 
Item #30:
Contract/
Agreements/
Grants
The court discussed approval of a contract with G Suite Business for Google service and approval of a Bancorp Finance Agreement for the purchase of 2 dump trucks.
Judge Oakley discussed a proposal from Clint's Concrete in the amount of $6,600.00 for installation of a concrete pad at R&B Prec. #4 Barn for the emergency trailer.  The court discussed funding for this proposal. 


 
 

Motion by Commissioner Precinct #4 Joe Don Dockery, seconded by Commissioner Precinct #3 Billy Wall to use $3,600 from the Building Restricted Fund. After further discussion, the motion and second was rescinded.


to approve agenda item #30 a and b.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve agenda item #30 a & b.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #31:
Bids/Proposals
The court took no action on this agenda item.

Comm. Luther is absent from the meeting.
 
Item #32:
Consent Agenda
The court discussed approval of the consent agenda.  Judge Oakley pulled item d line item transfers for further consideration.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the consent agenda with the exception of item d, line item transfers.

Comm. Luther is present in court.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve line item transfers

Vote: 5 - 0 Passed - Unanimously

 
Item #4:
Public Hearing
Judge Oakley closed the Public Hearing on the 2019 Proposed Tax Rate which will fund the 2019-2020 Proposed Budget.
 
Item #5:
Public Hearing
Judge Oakley closed the Public Hearing on the District Clerk Records Archive Plan.
 
Item #6:
Public Hearing
Judge Oakley closed the Public Hearing on the County Clerk Records Archive Plan.
 
Item #7:
Public Hearing
Judge Oakley closed the Public Hearing on the 2019-2020 Proposed Budget.
 
Item #9:
Tax &
Revenue
Anticipation
Note, Series 2019
The court discussed approval of an order by the Commissioners Court of Burnet County, Texas authorizing the issuance of "Burnet County, Texas Tax and Revenue Anticipation Notes, Series 2019, prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale and delivery of the notes, authorizing the execution of a paying agent/registrar agreement and a purchase and investment letter; complying with the requirements of the agent/registrar agreement and a purchase and investment letter; complying with the requirements of the depository trust company's letter of representations; and providing an effective date.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery move that the Commissioners Court adopt and Order Authorizing the Issuance of "Burnet County, Texas Tax and Revenue Anticipation Notes, Series 2019"

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Law Library
Fee
The court discussed establishing the Law Library Fee. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to establish a Law Library fee in the amount of $25.00 effective September 1, 2019.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
2020 Sheriff &
Constable Fees
The court discussed setting the 2020 Sheriff and Constable Fees. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. that the FY 2020 Sheriff and Constable Fees reamin the same as FY 2019.

Vote: 5 - 0 Passed - Unanimously

 
Item #33:
Previous
Agenda Items
The court discussed previous agenda items.  The court discussed the ReUse Recycle Building located adjacent to the Transfer Station.  Additional cleanup needs to occur at the site.  Judge Oakley would like to seal coating at the site.  Comm. Dockery thanked Comm. Beierle for his work at the site. 
Comm. Beierle discussed addressing the road at the Transfer Station. 
The court discussed delivering a dumpster to the ReUse Recycle Building.
 
Item #34:
Calendar
Review
The court discussed calendar review.
 
Item #35 :
Adjournment
There was no further business to discuss, Judge Oakley adjourned the meeting at 10:45 am.