County of Burnet {} On this the 12th day of May 2020, 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
REGULAR MEETING DATE: Tuesday, May 12, 2020 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 concerning the approval to apply by submitting online after proper adjustments have been made and sign the resolution for the FY 2021 Motor Vehicle Crime Prevention Authority (MVCPA) Grant Program for the Heart of Texas Auto Theft Task Force. The MVCPA Board has approved the same amount of $200,000 Grant funds that was awarded for FY20 for September 1, 2020 – August 31, 2021. The statement of grant awards and interlocal contracts will be approved through Commissioner’s court at a later date. (Smith)
5. Discussion and/or action concerning approval to apply for and signing resolution for grant with Texas Indigent Defense Commission for FY 2021 Indigent Defense Improvement Grant for the North Hill Country Public Defender’s Office. (Smith)
6. Discussion and/or action regarding the consideration of a Latitude Laptop and Dell Monitor to be paid out of JP#2 technology fund. (Whitehead)
7. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
8. Discussion and/or action regarding entering a new contract with TimeClockPlus for cloud based services. (Luther)
9. Discussion and/or action regarding approval to accept grant for FY 20/21 Capital Area Council of Governments Solid Waste Grant to purchase specialized building for storage of combustible materials prior to recycling and equipment that will allow the Recycle and Reuse the ability to be open to collect recyclable items as well as combustible materials. Grant Amount: $40,185.10. Grant Period: 4/1/2020 -4/30/2021. (Smith)
10. Discussion and/or action concerning allocation of $100,000 on behalf of Burnet County as funded by the Capitol Area Housing Finance Corporation to various non-profits within Burnet County (Oakley)
11. Discussion and/or action regarding the acceptance of a donation deed for a 0.26 Acre tract of land out of the E.A McSwain survey No. 847, abstract No. 643 Burnet County, Texas and being a portion of the called 71.5 acres conveyed to Ila Fern Bingham and Glynn Maxine Wall in Volume 720, Page 523, Official Public Records, Burnet County, Texas (O.P.R.B.C.T.). Relating to additional right-of-way on Cr 402 (Dockery)
12. Discussion and/or action concerning an Amended Plat for River Hills Ranches, Phase 1 (lots 42,43 and 44) to correct a scrivener or clerical error pursuant to 232.011(5) of the Texas Local Government Code. (Beierle)
13. Discussion and/or action regarding concerning an Amended Plat for Rolling Hills Reserve, Phase 2 (lot labeled as #257 should be #101) to correct a scrivener or clerical error pursuant to 232.011 (5) of the Texas Local Government Code. (Luther)
14. Discussion and/or action regarding concerning a replat of lots 35 and 36, Arrowhead Trail Ranch, combination of two lots into one. (Beierle)
15. Discussion and/or action regarding preliminary plat approval for Spicewood Ridge a public subdivision consisting of 8 lots on 4.913 acres located at 3676 CR 410. (Dockery)
16. Discussion and/or action concerning a replat of lots 23 and 24, Colina Cove Subdivision, The Legends Plat No. 7.3, a subdivision located in Burnet County, Texas, as shown on plat recorded in cabinet 3, Slide 93C of the Plat Records of Burnet County, Texas. (Luther)
17. Discussion and/or action concerning a replat of Lots 42 and 43, Kingsland Cove, Unit 1, a subdivision located in Burnt county, Texas, as shown on Plat recorded in Volume 1, Page 60 of the Plat Records of Burnet County, Texas. (Luther)
18. Discussion and/or action regarding a replat of Lot 1, Miller Creek Ranch, Phase One, a subdivision located in Burnet County, Texas, as shown on Plat Recorded in Document No. 201912281 of the Official Public Records of Burnet County, Texas. (Beierle)
19. Discussion and/or action regarding the Public Hearing of a replat of Lot 3A, the Hill at Windermere, Section Two and a 0.013 acre portion of Common Area North of and adjacent to same to form one lot to be known as Lot 3-B, the Hill at Windermere, Section Two, Burnet County, Texas, followed by discussion and/or Action regarding same.(Dockery)
20. Discussion and/or action regarding the Public Hearing of a replat of Lots 154 and 155, Windermere Oaks, Devonshire Section to be known as “Replat of Lot Nos. 154 and 155,Windermere oaks, Devonshire Section, Burnet County, Texas” followed by discussion and action on the same. The owners are combining the two lots into one lot. (Dockery)
21. Burnet County received a Community Development Block Grant in 2019 under the Texas Community Development Block Grant Program, Disaster Relief Fund, from the Texas Department of Agriculture for removal of debris from the flooding disaster in October 2018.
A Public Hearing has been called for 5:05 p.m. on Tuesday, May 12, 2020 in the 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Tx following proper social distancing guidelines. The purpose of this hearing is to review the program performance of the activities completed under the grant, which will include an explanation of the actual use of the Texas Community Development Block Grant Program funds. Citizens will be entitled to participate and publicly address the County during the hearing. (Oakley/Smith)
22. Discussion and or action regarding testing and removal of an oil barrel located on private property off of Bear Creek Rd. (Beierle)
23. Executive Session. Discussion with Burnet County Commissioner’s Court and the County Civil Attorney(s) and/or the County Attorney in accordance with Texas Government Codes 551.071. The Commissioners Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections: 551/071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues), 551.0725 (Contracts being negotiated).
24. Reconvene in Open Session. (Oakley)
25. Discussion and/or action regarding items discussed in Executive Session and take up for Consideration and possible action, pursuant to Chapter 262, Texas Local Government Code. (Oakley)
26. Discussion and/or action regarding Department Updates: (Oakley)
27. Acknowledgement of Receipt: (Oakley)
- MIS Monthly Summary
- April Building & Septic Report
- RB1 Annual Road Report
- RB2 Annual Road Report
- RB3 Annual Road Report
- Luke’s Asphalt Contract Labor agreement
- Ammendment to Bostic Co. contract for work at Historic Jail
- Midwest Metals LLC for work on the new roof at the Sheriff’s Office
29. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)
- Bid for CR 401S paving project.
- Consideration and approval of any pending personnel issues within the policy.
- Payroll approval/Personnel Action Form Approval
- Consideration and approval concerning budget amendments.
- Consideration and approval concerning budget line item transfers.
- Consideration and authorization of payment of claims previously approved by the County Auditor.
- Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor.
- Consideration and approval regarding Departmental equipment requests and/or property transfers.
- Correspondence.
32. Calendar Review.
33. Adjournment.
James Oakley, Burnet County Judge
Reviewed by: Eddie Arredondo, County Attorney
The Commissioners' Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney) 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations)Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues). Compliance with the Americans with Disabilities Act, Burnet County will provide for reasonable accommodations for persons attending Commissioners' Court. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Ms. Stephanie McCormick, Commissioners’ Court Coordinator, at (512) 715-5276. Please note, the location of the meeting is subject to change based upon availability of the Courtroom. If meeting location is changed, notice at the above meeting location shall be posted to ensure public access to meeting is granted.
Call to Order
Invocation and Pledge of Allegiance to the Flags
Comments
Contract
TimeClock Plus, LLC
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the new contract with TimeClock Plus, LLC for cloud based services.
Vote: 5 - 0 Passed - Unanimously
Indigent Defense Improvement Grant
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to apply for and sign the resolution for grant with Texas Indigent Defense Commission for FY 2021 Indigent Defense Improvement Grant for the North Hill Country Public Defender’s Office.
Vote: 5 - 0 Passed - Unanimously
Amended Plat
Rolling Hills Reserve, Phase 2
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept an Amended Plat for Rolling Hills Reserve, Phase 2 (lot labeled as #257 should be #101) to correct a scrivener or clerical error pursuant to 232.011 (5) of the Texas Local Government Code.
Vote: 5 - 0 Passed - Unanimously
Replat
Arrowhead Trail Ranch
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the replat of lots 35 and 36, Arrowhead Trail Ranch, combination of two lots into one.
Vote: 5 - 0 Passed - Unanimously
Preliminary Plat
Spicewood Ridge
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the preliminary plat approval for Spicewood Ridge a public subdivision consisting of 8 lots on 4.913 acres located at 3676 CR 410.
Vote: 5 - 0 Passed - Unanimously
Replat
Colina Cove Subdivision
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of lots 23 and 24, Colina Cove Subdivision, The Legends Plat No. 7.3, a subdivision located in Burnet County, Texas, as shown on plat recorded in cabinet 3, Slide 93C of the Plat Records of Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Judge Oakley reconvened the meeting at 9:19 a.m.
Replat
Kingsland Cove
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to accept the replat of Lots 42 and 43, Kingsland Cove, Unit 1, a subdivision located in Burnet County, Texas, as shown on Plat recorded in Volume 1, Page 60 of the Plat Records of Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Replat
Miller Creek Ranch,
Phase One
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of Lot 1, Miller Creek Ranch, Phase One, a subdivision located in Burnet County, Texas, as shown on Plat Recorded in Document No. 201912281 of the Official Public Records of Burnet County, Texas contingent on receiving the water study.
Vote: 5 - 0 Passed - Unanimously
Department Updates
Testing & Removal
Oil Barrel on Private Property
The court took no action at this time.
Discussion/ Action
COVID-19 Virus
Currently, the State is reporting 27 cases in Burnet County. Two cases are people who reside outside the county, but were tested here. Of these cases one was hospitalized, most have recovered, and there have been no fatalities. A spreadsheet has been posted on Burnet County's COVID-19 Information Page. Judge Oakley's office is working on a recovered list. Dr. Madrigal's office is conducting contact tracing by contacting those who tested positive for COVID-19 to establish their current status. All those on the report, except for 7 individuals, are listed as recovered.
The Office of Court Administration (OCA) is preparing guidelines to reopen the court system. District Judges have been appointed by the Governor to coordinate reopening efforts. Judge Garrett will submit a detailed plan which allows for all procedures and safety precautions. Court will not resume until June 1, 2020, possibly later based on the detailed plan. Probate Court continues to be held via telephone, unless it is a complicated Guardianship case. Those are being postponed. Eddie Arredondo, County Attorney, stated court is taking place remotely, just not in person. Cases needing emergency orders are still being attended to.
A question was asked regarding when testing will take place for everyone, not just those showing symptoms. Judge Oakley said this question should be directed to the State Health Department.
Judge Oakley discussed antibody testing, which is the next phase. He stated if you feel you had the virus over the past months, but were not tested, there will be some opportunities to get the antibody test to see if you had the virus. Currently, we are waiting on direction from the various levels of government to see how it will be made available.
Karin Smith, County Auditor, is seeking approval to apply for the Coronavirus Relief Fund and for the Judge to sign the Eligibility and Liability Certification. She is also seeking permission for Sara Ann Luther, Human Resources Director, to take any steps necessary to make sure we are in compliance on e-verification requirements.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the application for the Coronavirus Relief Fund through the Texas Department of Emergency Management and authorize the County Judge to sign all necessary documents.
Vote: 5 - 0 Passed - Unanimously
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to allow Sara Ann Luther, Human Resource Director, to participate in e-verify.
Vote: 5 - 0 Passed - Unanimously
Testing & Removal
Oil Barrel on Private Property
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to begin the process of testing and removal of an oil barrel located on private property off of 110 Bear Creek Rd. Sheriff's Office Case number: BC19-1114.
Vote: 5 - 0 Passed - Unanimously
Executive Session
Executive Session
Executive Session
Resolution
2021 Motor Vehicle Crime
Prevention Authority Grant Program
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to apply by submitting online after proper adjustments have been made and sign the resolution for the FY 2021 Motor Vehicle Crime Prevention Authority (MVCPA) Grant Program for the Heart of Texas Auto Theft Task Force. The MVCPA Board has approved the same amount of $200,000 Grant funds that was awarded for FY20 for September 1, 2020 – August 31, 2021. The statement of grant awards and interlocal contracts will be approved through Commissioner’s court at a later date.
Vote: 5 - 0 Passed - Unanimously
JP #2 Request
Vote: 5 - 0 Passed - Unanimously
FY 20/21 CAPCOG
Solid Waste Grant
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve accepting a grant for FY 20/21 Capital Area Council of Governments Solid Waste Grant to purchase specialized building for storage of combustible materials prior to recycling and equipment that will allow the Recycle and Reuse the ability to be open to collect recyclable items as well as combustible materials. Grant Amount: $40,185.10. Grant Period: 4/1/2020 -4/30/2021.
Vote: 5 - 0 Passed - Unanimously
Allocation of Funds
Capital Area Housing
Finance Corporation
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the list of non-profit organizations for allocation of $100,000 on behalf of Burnet County as funded by the Capitol Area Housing Finance Corporation to various non-profits within Burnet County as presented. The list includes the following organizations: VetRides, Meals on Wheels, Burnet County Child Welfare Board, Family Crisis Network, Hill Country Children's Advocacy Center, CASA - Court Appointed Special Advocates, Boys and Girls Clubs of the Highland Lakes, Community Resource Center - Disaster Relief Fund, Highland Lake Crisis Network, Helping Center and LaCare.
Vote: 5 - 0 Passed - Unanimously
Donation Deed From
E.A. McSwain Survey
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept a donation deed for a 0.26 Acre tract of land out of the E.A. McSwain survey No. 847, abstract No. 643 Burnet County, Texas and being a portion of the called 71.5 acres conveyed to Ila Fern Bingham and Glynn Maxine Wall in Volume 720, Page 523, Official Public Records, Burnet County, Texas (O.P.R.B.C.T.). Relating to additional right-of-way on Cr 402
Vote: 5 - 0 Passed - Unanimously
Texas Community Development
Block Grant Program
A Public Hearing has been called for 5:05 p.m. on Tuesday, May 12, 2020 in the 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Tx following proper social distancing guidelines. The purpose of this hearing is to review the program performance of the activities completed under the grant, which will include an explanation of the actual use of the Texas Community Development Block Grant Program funds. Citizens will be entitled to participate and publicly address the County during the hearing.
Department Updates
Herb Darling, Development Services, updated the court on his department. There has been some inquiry as to the level of activity in Burnet County with the building industry. The numbers for the month of April are consistent with the level of activity from the previous year. This month has continued to be just as busy as last month, perhaps even a bit busier with the Governor's limited opening of the economy. There are more calls coming in to the office. His office staff continues to be innovative in the way they are conducting business throughout this event. Judge Oakley stated he is very proud of how Burnet County has continued to serve the public during these times.
Ben Tarbet, Information Technology, updated the court on his department. They are in the process of changing the switches in preparation for the new phone system. They are having to do a number of network changes in the systems due to this. During these updates, there may be some outages to offices. His staff is going to different offices each day to make these changes. If there are any concerns, please contact him. Judge Oakley thanked Mr. Tarbet and his office on how they have adapted on a technology stand point so staff can work remotely. He asked what is the timeline for implementation for the new phone system. Most of the equipment has been received. He will have a better idea tomorrow after he speaks with the vendor, but it should be no later than the end of June.
Discussion/ Action
COVID-19 Virus
Acknowledgement of Receipt
Contracts, Agreements, or Grants
to be Approved or Ratified
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Luke’s Asphalt Contract Labor agreement, Amendment to Bostic Co. contract for work at Historic Jail, and Midwest Metals LLC for work on the new roof at the Sheriff’s Office.
Vote: 5 - 0 Passed - Unanimously
Call for Bids
Requests for Proposals/ Qualifications
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Karin Smith, County Auditor, going out for bid or proposal on any item that has been identified on the FY2020 Tax Note.
Vote: 5 - 0 Passed - Unanimously
Consent Agenda
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.
Vote: 5 - 0 Passed - Unanimously
Previous Agenda Items
Calendar Review
Amended Plat
River Hills Ranches
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve an Amended Plat for River Hills Ranches, Phase 1 (lots 42, 43 and 44) to correct a scrivener or clerical error pursuant to 232.011(5) of the Texas Local Government Code.
Vote: 5 - 0 Passed - Unanimously
Public Hearing
Replat
The Hill at Windermere
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of Lot 3A, the Hill at Windermere, Section Two and a 0.013 acre portion of Common Area North of and adjacent to same to form one lot to be known as Lot 3-B, the Hill at Windermere, Section Two, Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Public Hearing
Replat
Windermere Oaks
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of Lots 154 and 155, Windermere Oaks, Devonshire Section to be known as “Replat of Lot Nos. 154 and 155,Windermere Oaks, Devonshire Section, Burnet County, Texas” followed by discussion and action on the same. The owners are combining the two lots into one lot.
Vote: 5 - 0 Passed - Unanimously
Texas Community Development
Block Grant Program
Judge Oakley reconvened at 5:05p.m. for the public meeting on agenda item #21: Texas Community Development Block Grant Program. Judge Oakley called the public hearing to order and opened the meeting to the public. It shall be noted there were no citizens present at the public hearing. Judge Oakley closed the public hearing at 5:06p.m.
Adjournment
