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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 24th  day of September 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
Absent:
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 September 24, 2019 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas
 
1.  Call to Order
 
2. Invocation and Pledge of Allegiance to the flags.
 
3.  Public Comments.  Any person with business before the Commissioner’s Court not scheduled on the   agenda may speak to the Court.  No formal action can be taken on these items at this meeting. Comments regarding specific agenda items should occur when the item is called.  There is a 2 minute speaking limit. 
 
4. Discussion and/or action regarding the potential sale of approximately .7 acres along the eastern boundary of the North Annex land to the adjacent property owner (Oakley)
 
5. Discussion and/or action regarding approval to utilize county labor and equipment on the private property of Lance Dufner in the area of CR 252 for the purpose of protecting the county roadway system by redirecting drainage (Beierle)
 
6.  Discussion and/or action regarding approval to utilize county labor and equipment on the private property of Stacey Ringstaff in the area of CR 252 for the purpose of protecting the county roadway system by redirecting drainage (Beierle)
 
7.  Discussion and/or action regarding approval to utilize county labor and equipment on the private property of Fantazma Industries, LLC in the area of CR 252 for the purpose of protecting the county roadway system by redirecting drainage (Beierle)
 
8.  Discussion and/or action regarding approval to utilize county labor and equipment on the private property of Jerome Snead in the area of CR 219 for the purpose of storing equipment for low water crossing project.  Fence take down and reconstruction (Beierle)
 
9.  Discussion and/or action regarding the Resolution providing for the sale of property acquired by the Burnet Central Appraisal District at Delinquent Tax Sale:
            a. Lot 1020, Unit 3, Council Creek Village, Burnet County, Texas
            b. Lot 785, Unit 3, Council Creek Village, Burnet County, Texas
 
10.  Discussion and/or action regarding the nominations for the Burnet Central Appraisal District Board of Directors
 
11.  Discussion and/or action regarding the approval of a Change Order from Asphalt Inc. DBA Lone Star Paving County Roads 322, 323, 330, 340 and 342C (Wall)
 
12.  Discussion and/or action regarding the Acknowledgment and Receipt of Financial Audit for year ending Sept. 30, 2018 from Burnet VFD (Smith)
 
13. Discussion and/or action regarding the Burnet County Historical Commission Grant Program (Oakley)
 
14. Discussion and/or action to sign release of claims for Texas Local Emergency Planning Committee (LEPC) Grant program to close out $5,000 grant for 3-line portable sign (Oakley)

15.  Discussion and/or action regarding the approval for FY20 District Attorney Agreements for Motor Vehicle Crimes Prevention Authority, formally known as ABTPA Grant between The Heart of Texas Auto Theft Task Force and the 33rd/424th District Attorney (Oakley)
 
16.  Discussion and/or action regarding outside auditor’s engagement letter with Pattillo, Brown & Hill for they FY19 audit
 
17.  Discussion and/or action concerning a Preliminary plat for Miller Creek Ranch, Phase One, a private subdivision consisting of 11 lots on 618.01 acres out of various surveys located in the 2000 block of CR 225 (Beierle)
 
18.  Discussion and/or action concerning a Replat of Lots 325-A, 327, 328 and 0.23 acres, Windermere Oaks, Chesstershie Sec., to be known as Lot 325-B, Windermere Oaks, Chestershire Sec. (Dockery)
 
19.  Discussion and/or action concerning a Replat of Lots 416 and 417 of Whitewater Springs, Sec. 4, to be known as Lot 416-A, Whitewater Springs, Sec. 4 (Wall)
 
20.  Discussion and/or action concerning the release of Maintenance Bonds 0657427-M, 0688467-M and 0688491-M for the Ranches at Canyon Creek Subdivision, Phases 1, 2 and 3 (Wall)
 
21.  Discussion and/or action regarding the reconsideration of the FY20 Holiday Calendar (Parker/Oakley)
 
22.  Discussion and/or action regarding the resignation of Cathy Ashley as Comm. Burnet Co. ESD #2 (Luther)
 
23.  Discussion and/or action regarding the appointment of Sharon Barclay as Comm. Burnet Co. ESD #2 (Luther)
 
24.  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).   
           
25. Reconvene in Open Session.  (Oakley)
 
26. 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)
 
27.  Discussion and/or action regarding Department Updates:  (Oakley)
           
28.   Acknowledgement of Receipt: (Oakley)
            a. Letter of Appreciation from Menard County
            b. Burnet EMS Response Time Reports
           
29.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       (Oakley)
  1. Xerox Contracts for Burnet Tax Office and Elections
  2. Prof. Svc. Agreement with Vetride Administrator
  3. Prof. Svc. Agreement with Tourism Coordinator
  4. Svc. Agreement with Burnet Chamber of Commerce
  5. Svc. Agreement with Marble Falls/Lake LBJ Chamber of Commerce
  6. Independent Contractor Agreement with Jim Barho
  7. G Suites Account for Business Svcs. For the Sheriff’s Office
  8. 101 Highland Lakes Tourism Contract
  9. Resorts and Lodges/Travelnet Solutions Contract
  10. Amendment to EMS Services with the City of Burnet
  11. Annual Roof Inspections with DK Haney
  12. Burnet County and Bertram VFD Contract
  13. Burnet County and Burnet VFD Contract
  14. Burnet County and Cassie VFD Contract
  15. Burnet County and Cottonwood Shores VFD Contract
  16. Burnet County and East Lake Buchanan VFD Contract
  17. Burnet County and Granite Shoals VFD Contract
  18. Burnet County and Hoover Valley VFD Contract
  19. Burnet County and Marble Falls Area VFD Contract
  20. Burnet County and Oakalla VFD Contract
  21. Burnet County and Spicewood VFD Contract
  22. Cooperative Agreement between Burnet County and the City of Burnet for dispatch services.
  23. Cooperative Agreement between Burnet County and the City of Bertram for dispatch services 
 30.  Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids.  (Oakley)
 
31.  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:
  1. Consideration and approval of any pending personnel issues within the policy.
  2. Payroll approval/Personnel Action Form Approval
  3. Consideration and approval concerning budget amendments.
  4. Consideration and approval concerning budget line item transfers.
  5. Consideration and authorization of payment of claims previously approved by the County Auditor.
  6. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor.
  7. Consideration and approval regarding Departmental equipment requests and/or property transfers.
  8. Correspondence.                                                       
32.  Discussion regarding any previous agenda items.

33.  Calendar Review.
 
34.  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 9:05 am.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Comm. Beierle gave the Invocation.  The court led the pledges to the U.S. and Texas Flags.
 
Item #3:
Comments
Comm. Beierle expressed gratitude to the Road and Bridges crews on completion  of the work at Fort Croghan.  Comm. Beierle reported the materials were paid for out of tourism funds.
 
Item #17:
Preliminary Plat
Miller Creek Ranch Phase 1
The Court discussed the approval of the preliminary plat for Miller Creek Ranch, Phase One, a private subdivision consisting of 11 lots on 618.01 acres out of various surveys located in the 2000 block of CR 225.
Bret Burton with Cuplin & Associates presented the preliminary plat.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the preliminary plat for Miller Creek Ranch, Phase One, a private subdivision consisting of 11 lots on 618.01 acres out of various surveys located in the 2000 block of CR 225.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #13:
Burnet County Historical Commission
Grant Program
The Court discussed the Burnet County Historical Commission Grant Program.  Linda French and Lela Goar updated the court on the Historical Commission Grant Program, the Ina Cooper Bequest Fund Guidelines, grant application form and grant budget worksheet. These guidelines have been established to allow the grant funds to be available for the next 18 years.
 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Burnet County Historical Commission Grant Program.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #9:
Resolution
Sale of Property
Resolution providing for the sale of property acquired by the Burnet Central Appraisal District at Delinquent Tax Sale:
a. Lot 1020, Unit 3, Council Creek Village, Burnet County, Texas
b. Lot 785, Unit 3, Council Creek Village, Burnet County, Texas - Stan Hemphill, Chief Appraiser, stated no action taken on item b.
Mr. Hemphill reported they have received one bid in the amount of $1750.00 for Lot 1020, Unit 3, Council Creek Village.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the sale of property acquired by the Burnet Central Appraisal District at Delinquent Tax Sale, Lot 1020, Unit 3, Council Creek Village, Burnet County, Texas

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #10:
Nominations
Burnet Central Appraisal District
Board of Directors

The Court discussed nominations for the Burnet Central Appraisal District Board of Directors.  Stan Hemphill, Chief Appraiser, stated the deadline for nominations will be October 15, 2019.  Mr. Hemphill reported ballots will be mailed out to voting entities by the end of October.  Ballots need to be cast by December 15, 2019.  The court took no action at this time.
 
Item #4:
Potential Sale of Property
The Court discussed the potential sale of approximately .7 acres along the eastern boundary of the North Annex land to the adjacent property owner.  James Oakley, County Judge, feels the property is worth just under $30,000.00.  Eddie Arredondo, County Attorney, states the property must be appraised.   Judge Oakley stated he will contact Bob Bass, Attorney, for additional legal counsel on this matter.  After further discussion, the court took no action.
 
 
Item #20:
Maintenance Bonds
Ranches at Canyon Creek Subdivision
Phases 1, 2, & 3


The Court discussed the release of Maintenance Bonds 0657427-M, 0688467-M and 0688491-M for the Ranches at Canyon Creek Subdivision, Phases 1, 2 and 3.  Comm. Wall stated the roads need to be addressed before the bonds would be released.  The Court took no action.
 
Item #29:
Contracts, Agreements, or Grants
to be Approved and/or Ratified
The court discussed contracts, agreements or grants to be approved and/or ratified.  Karin Smith, County Auditor updated the court on the following contracts:
Item a. Xerox Contracts for Burnet Tax Office and Elections will be funded out of County records management.
Item j. The City of Burnet EMS submitted a revised contract requesting the court to extend the contract for an additional year.
Item k: FK Haney contract was revised for inspection once a year.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve contracts with amendments as discussed.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #30:
Bids/
Request For Proposals/
Request For Qualifications
The court discussed a call for bids for marketing and website management.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 3 Billy Wall Motion by Judge Oakley to call for a bid for marketing and website management.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #31:
Consent Agenda
The court discussed payroll and personnel action form.  Karen Smith, County Attorney, requested for the court to approve the pay increases to be effective September 28.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve item b, the request to authorize the pay increases approved in the FY 20 budget effective September 28, 2019.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve items: a, c, e-h.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve item d, line item transfers.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Items #5-8:
Utilize County Labor and Equipment on Private Property
The court discussed approval to utilize county labor and equipment on the private property of: Lance Dufner, Stacey Ringstaff, and Fantazma Industries, LLC  in the area of CR 252 for the purpose of protecting the county roadway system by redirecting drainage. Jerome Snead in the area of CR 219 for the purpose of storing equipment for low water crossing project.  Fence take down and reconstruction.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the use of county labor and equipment on the private property of Lance Duffner, Stacy Ringstaff, and Fantazma Industries, LLC in the area of CR 219 for the purpose of storing equipment for low water crossing project.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #11:
Change Order from Asphalt Inc. DBA Lone Star Paving
The court discussed the approval of a change order form Asphalt Inc. DBA Lone Star Paving County Roads 322, 323, 330, 340 and 342C.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the change order from Asphalt Inc. DBA Lone Star Paving County Roads 322, 323, 330, 340 and 342C.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #12:
Outside Auditor's Engagement Letter for FY19
The court discussed the Acknowledgment and Receipt of Financial Audit for year ending Sept. 30, 2018 from Burnet VFD.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to acknowledge the financial audit for year ending September 30, 2018 from Burnet VFD.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #14:
Release of Claims for
Texas Local Emergency Planning Committee
Grant Program
The court discussed signing the release of claims for Texas Local Emergency Planning Committee (LEPC) Grant program to close out $5,000 grant for 3-line portable sign.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve signing the release of claims for Texas Local Emergency Planning Committee Grand Program to close out grant for 3-line portable sign.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item # 15:
Agreements for Motor Vehicles
Crimes Prevention Authority Grant
The court discussed the approval for FY20 District Attorney Agreements for Motor Vehicle Crimes Prevention Authority, formerly known as ABTPA Grant between The Heart of Texas Auto Theft Task Force and the 33rd/424th District Attorney.  Burnet County was awarded $200,000.00 for this Grant.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the FY20 District Attorney Agreements for Motor Vehicle Crimes Prevention Authority, formerly known as ABTPA, Grant between The Heart of Texas Auto Theft Task Force and the 33rd/424th District Attorney.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #16:
Engagement Letter for FY19 Audit
The court discussed action regarding outside auditor’s engagement letter with Pattillo, Brown & Hill for the FY19 audit.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve signing of agreement with Patillo, Brown & Hill for the FY19 audit.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #21:
Reconsideration of FY20 Holiday Calendar
The court discussed the reconsideration of the FY20 Holiday Calendar.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to amend the holiday schedule to add Monday to the Christmas holiday.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #18:
Replat
Windermere Oaks
Replat of Lots 325-A, 327, 328 and 0.23 acres, Windermere Oaks, Chestershire Sec., to be known as Lot 325-B, Windermere Oaks, Chestershire Sec. After further discussion, the Court took no action at this time.
 
Item #19:
Replat
Whitewater Springs
Comm Beierle is absent from meeting. 

The court discussed the Replat of Lots 325-A, 327, 328 and 0.23 acres, Windermere Oaks, Chestershie Sec., to be known as Lot 325-B, Windermere Oaks, Chestershire Sec.

Comm. Beierle is present in court.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of Lots 325-A, 327, 328 and 0.23 acres Windermere Oaks, Chestershire Sec., to be known as Lot 325-B, Windermere Oaks, Chestershire Sec. Comm. Beierle was absent for this vote.

Vote: 3 - 0 Passed - Unanimously

Other:
Commissioner Precinct 2 Damon Beierle (Absent)
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #22:
Resignation
Burnet County ESD #2
The court discussed the resignation by Cathy Ashley as Comm. Burnet Co. ESD # 2.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to accept the resignation of Cathy Ahsley as Comm. Burnet Co ESD #2.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #23:
Appointment
Burnet County ESD #2
The court discussed the appointment of Sharon Barclay as Comm. Burnet Co. ESD #2.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the appointment of Sharon Barclay as Comm. Burnet Co. ESD #2.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 4 Joe Don Dockery (Absent)
 
Item #24:
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).      

No Action taken at this time.
 
Item #25:
Executive Session
Court took no action.
 
Item #26:
Executive Session
Court took no action.
 
Item #27:
Department Updates
Courts discussed Departmental Updates:

Herb Darling, Director Burnet County Development Services, reported on work with FEMA from the October 2018 flooding.  He also discussed the increased activity in development throughout the area.

Karin Smith, County Auditor, reported on having received an Indigent Defense Discretionary Grant.  Also, received notification of Bullet Proof Vest Grant.

Sara Ann Luther, Human Resources Director, updated on Human Resource matters.

Sheriff's Department update.  The 2nd Environmental Crimes Deputy will start next Tuesday.  Improvements in the Dispatch department.
 
Item #28:
Acknowledgement of Receipt
A. Letter of Appreciation from Menard County
B. Burnet EMS Repsonse Time Reports.  Chief Ingram addressed the court on response times.
 
Item #32:
Previous Agenda Items
No Action.
 
Item #33:
Calendar Review
The court discussed calendar review.
 
Item #34:
Adjournment
There was no further business to discuss.  Judge Oakley adjourned the meeting at 10:50 AM.