County of Burnet {} On this the 23 day of June 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; Karin Smith, County Auditor; Stephanie Sherrill, Clerk
REGULAR MEETING DATE: Tuesday, June 23, 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. Presentation from Mark Mayfield with the Capitol Area Housing Finance Corporation (Oakley)
5. Discussion and/or action regarding the approval of a bond for Debra A. Bindseil, Justice of the Peace Pct. #4 (Parker)
6. Discussion and/or action regarding the approval to purchase a message board using COVID funds if available, or 2020 Tax Note if not (Smith)
7. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
8. Discussion and/or action regarding the approval of COVID safety glass installation by Marble Falls Glass (Oakley)
9. Discussion and/or action regarding the approval of the purchase of a color laser printer for JP4 out of technology funds (Bindseil)
10. Discussion and/or action regarding the approval of the purchase of a desktop scanner for JP2 out of technology funds (Whitehead)
11. Discussion and/or action regarding permission for RB2 to purchase a mini excavator using the 2020 tax note (Beierle)
12. Discussion and/or action regarding the agreement between Burnet County and Boys and Girls Club of the Highland Lakes (Smith)
13. Discussion and/or action regarding the approval of an inter local agreement and order with Burnet Co. ESD 9 (Dockery)
14. Discussion and/or action regarding the acceptance of a donation from Friends of the Herman Brown Free Library in the amount of $3,579.45 to be used to purchase three children’s computers (Smith/Reeves)
15. Discussion and/or action regarding the a Replat of Lots 106-B and 108-A, Replat of Lot 106-A, Windermere Oaks, Essex Section, a subdivision located in Burnet County, Texas as shown on Plat recorded in Cab. 4, Slide 1B of the Plat records of Burnet County, Texas (Dockery)
16. Discussion and/or action regarding a Replat of Lot 105, Windermere Oaks, Essex Section, and Lot 107-A, Replat of Lots 107 and 109, Windermere Oaks, Essex Section (Dockery)
17. Discussion and/or action regarding naming a road in Wolf Creek Ranch Subdivision serving multiple property owners, Mountain Laurel Lane (Luther)
18. Discussion and/or action regarding a request for a variance from the Burnet County Subdivision Regulation by Roy Lyda for an 8.19 acre tract out of a 22.08 acre tract of the A.B. spears Svy. No. 2, Abst. No. 2 located at 1624 CR 332 (Wall)
19. Discussion and/or action regarding a Replat of Lots 139-143, Council Creek Village, Unit 1, a subdivision in Burnet County (Luther)
20. Discussion and/or action regarding the second release of Cash Maintenance Bond #19-10-08 in the amount of $112,500 for Miller Creek Ranches, Phase 1. Per the bond agreement the county will retain 15% ($67,500) of the original bond amount, $450,000, for the maintenance portion for a period of 2 years from today’s date (Beierle)
21. Discussion and/or action regarding the release of Cash Maintenance Bond CMB 18-6-12 in the amount of $105,000 for 7 Creeks Ranch, Phases 2 and 3 (Beierle)
22. Discussion and/or action regarding the final release of CB-16-9-01 as it relates to the Legendary Estates on Lake LBJ, Phase 1, which is held in Certificate of Deposit #100131200 in the amount of $134,512.91 (Luther)
23. Discussion and/or action regarding the Burn Ban for the unincorporated areas of Burnet County (Oakley)
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. March, April, and May response times reports from the Burnet FD
29. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
- MOU between Burnet County and the Texas Dept. of Public Safety for LPR (license plate reader) Hotlist for Constable 4
- Contract for Jail Barn extension between Burnet County and CW3 Enterprises, LLC
- CR 401S construction 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.
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.
Call to Order
Invocation and Pledge of Allegiance to the Flags
Public Comments
Presentation by Mark Mayfield
Capitol Area Housing Finance Corporation
Interlocal Agreement & Order
Burnet County ESD 9
Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 3 Billy Wall to approve an interlocal agreement and order with Burnet Co. ESD 9.
Vote: 5 - 0 Passed - Unanimously
Final Release CB-16-9-01
Legendary Estates on Lake LBJ
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the final release of CB-16-9-01 as it relates to the Legendary Estates on Lake LBJ, Phase 1, which is held in Certificate of Deposit #100131200 in the amount of $134,512.91.
Vote: 5 - 0 Passed - Unanimously
Burn Ban
Burnet County
The court took no action.
Donation from
Friends of the Herman
Brown Free Library
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept a donation from the Friends of the Herman Brown Free Library in the amount of $3,579.45 to be used to purchase three children’s computers.
Vote: 5 - 0 Passed - Unanimously
Department Updates
Florence Reeves, Library Director, gave an update on the Herman Brown Free Library. They are holding a different type of summer reading program this year. Videos are being posted on line and readers are able to come to the library to pick up an activity packet. They are continuing the prize drawings for those who complete the program. Ms. Reeves anticipated circulation to decrease, however compared to the previous year it has not reduced by much. She finds this news exciting as the community is still utilizing this resource, especially given the current circumstance. Judge Oakley applauded her efforts as they have had to find new ways to continue to operate.
Doug Ferguson, Elections Administrator, gave an update regarding the Vote Centers which will be used by Burnet County for the first time this fall. This method allows for voting at any polling location in the residents County on Election Day. He has been going through the checklist of requirements to become a Vote Center. Some required items, such as the Direct-Recording Electronic (DRE) and Poll Books are already available. Mr. Ferguson reports they are diligently testing the connectivity at all voting locations. Several locations are already equipped with Wi-Fi, with some showing good connectivity. Other areas have limited or no service at all. A booster is being tested in those locations to test the speeds. The next round of testing will include visiting all locations, including those with Wi-Fi, and testing with a laptop and communicating back to the Vote Center servers. Connectivity is one of the biggest issues for a rural county, as all 20 polling locations are to be used as Vote Centers. The next step is communicating to voters they are able to vote at all locations on Election Day in November. A public hearing is also needed as public comments needs to be recorded and submitted to the State. The deadline to submit the findings is August 5, 2020. Judge Oakley asked Mr. Ferguson to remain on top of this so the public hearing can be placed on the agenda and submitted before the deadline. Additionally, Mr. Ferguson's office is preparing for the July 14th election, with early voting beginning June 29th. Beginning Friday, the Elections department will begin sanitizing and disperse gloves and masks to each voting location. Comm. Beierle asked Mr. Ferguson what materials are available for marketing this new option of Vote Centers. It was also suggested materials include what precautions are being taken to protect voters from transmitting the COVID-19 virus. Mr. Ferguson is already working on this communication plan. Karin Smith, Auditor, stated the Elections Department has grants available to cover 80% of the cost. Doug thanked Karin for mentioning this, as much of the equipment needing to be purchased will be covered by these grants. Jetpacks will be needed for several locations which do not have wireless access.
Herb Darling, Development Services, updated the court on his department. His office remains busy, specifically with new address applications and building permits being submitted.
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 106-B and 108-A, Replat of Lot 106-A, Windermere Oaks, Essex Section, a subdivision located in Burnet County, Texas as shown on Plat recorded in Cab. 4, Slide 1B of the Plat records of Burnet County, Texas with signatures to follow at a later date.
Vote: 5 - 0 Passed - Unanimously
Replat
Windermere Oaks
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a Replat of Lot 105, Windermere Oaks, Essex Section, and Lot 107-A, Replat of Lots 107 and 109, Windermere Oaks, Essex Section with signatures to follow at a later date.
Vote: 5 - 0 Passed - Unanimously
Replat
Council Creek Villiage
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a Replat of Lots 139-143, Council Creek Village, Unit 1, a subdivision in Burnet County.
Vote: 5 - 0 Passed - Unanimously
Wolf Creek Ranch Subdivision
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve naming a road in Wolf Creek Ranch Subdivision serving multiple property owners, Mountain Laurel Lane.
Vote: 5 - 0 Passed - Unanimously
Variance
Roy Lyda
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request for a variance from the Burnet County Subdivision Regulation by Roy Lyda for an 8.19 acre tract out of a 22.08 acre tract of the A.B. spears Svy. No. 2, Abst. No. 2 located at 1624 CR 332.
Vote: 5 - 0 Passed - Unanimously
Cash Maintenance Bond
Miller Creek Ranches
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the second release of Cash Maintenance Bond #19-10-08 in the amount of $112,500 for Miller Creek Ranches, Phase 1. Per the bond agreement, the county will retain 15% ($67,500) of the original bond amount, $450,000, for the maintenance portion for a period of 2 years from today’s date.
Vote: 5 - 0 Passed - Unanimously
Cash Maintenance Bond
7 Creeks Ranch
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 #18-6-12 in the amount of $105,000 for 7 Creeks Ranch, Phases 2 and 3.
Vote: 5 - 0 Passed - Unanimously
Discussion/ Action
COVID-19 Virus
Judge Oakley continues to post updates to the County website or Facebook page when new information is received by his office. He continues to communicate with Dr. Juliette Madrigal, Burnet County Local Health Authority, on a daily basis. From the CARES Act funds, Burnet County now has an employee working with Dr. Madrigal office to assist with the updates. The most recent update included 18 new cases. In past cases, they have been able to associate where the cases have been coming from. This update has seen cases which have been arbitrary and spread out, with some being transmitted by family members and others attributed to socializing amongst others. The goal throughout this pandemic has been to manage the virus spread, as to not overwhelm the hospitals. The goal was never to stop the virus as this would not be an achievable goal. As Governor Abbott said, our hospitals are in good shape and not near capacity, however the number of cases is increasing. The active numbers of cases is where he would like to focus the attention. Not all confirmed cases are reporting back as being recovered, which makes it difficult to have an accurate total of those recovered. This is one area the county employee is working on, contact tracing and follow up. While compiling the latest update, the list started with 21 new cases however, 3 of these cases appeared to be duplicates. When questioned, the reporting state agency responded those were individuals who tested positive and when retesting after 2-3 weeks, their results were still positive. The antibodies had not yet developed, therefore the virus was still active. This resulted in 3 duplicate positive cases on the report. Judge Oakley removed them from the list, showing the update as 18 new cases, not 21.
There was a public comment from Marjorie Bronk with La Care. Currently, they are providing drive-thru deliveries of groceries. They were considering the possibility of returning to normal operations, but with the information from today's update, they will continue with the added precautions. Judge Oakley stated he is of the opinion that each individual should do what they think is best as opposed to government mandates. This is why he has not issued an order, which has been done by larger urban counties and cities, which require individuals to wear a mask at businesses. Additionally, most businesses are located within the municipalities of Burnet County. It would be up to the cities to issue an order, as this is strictly for businesses.
Judge Oakley reported the number of cases which have been hospitalized are approximately 6 out of 101 cases. About half of those hospitalized were in a long term care facility, being of an older age with pre-existing conditions or underlying issues. Citizens should continue following safety guidelines to aid in stopping the spread of COVID-19. He also mentioned the Office of Court Administration (OCA) will most likely delay to October before reopening courts to jury trials and normal court activity.
Bond
Justice of the Peace Pct.4
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a bond for Debra A. Bindseil, Justice of the Peace Pct. #4.
Vote: 5 - 0 Passed - Unanimously
Department Updates
COVID Funds
Message Board
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the purchase of 2 message boards using COVID funds for the amount of $33,822.50.
Vote: 5 - 0 Passed - Unanimously
COVID
Safety Glass
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the COVID safety glass installation by Marble Falls Glass paid from the CARES Act.
Vote: 5 - 0 Passed - Unanimously
JP4 Purchase
Color Laser Printer
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the purchase of a color laser printer for JP4 out of technology funds.
Vote: 5 - 0 Passed - Unanimously
JP2 Purchase
Desktop Scanner
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the purchase of a desktop scanner for JP2 out of technology funds.
Vote: 5 - 0 Passed - Unanimously
Road & Bridges 2
Purchase of Mini Excavator
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve RB2 to purchase a mini excavator using the 2020 tax note.
Vote: 5 - 0 Passed - Unanimously
Boys & Girls Club
of the Highland Lakes
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the agreement between Burnet County and Boys and Girls Club of the Highland Lakes, which includes a $5000.00 donation.
Vote: 5 - 0 Passed - Unanimously
Executive Session
Executive Session
Executive Session
Acknowledgement of Receipt
Contracts, Agreements, or Grants
to be Approved or Ratified
Call for Bids
Requests for Proposals/ Qualifications
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve entering in to a contract with Texas Materials Group Inc in the amount of $339,120.05 for CR 401S construction project, using the 2020 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
Adjournment
