County of Burnet {} On this the 28th day of July 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, July 28, 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 regarding the Motorola ILA project and contract (Oakley/Smith)
5. Discussion and/or action regarding the approval to purchase a Road and Bridge Pct. 2 trailer. Funds to be used from the 2020 Tax Note (Beierle)
6. Discussion and/or action regarding Burnet County acceptance of donation from Burnet County employees in the amount of $3,336.00 from the county basket sales fundraiser with all proceeds donated to the following: Helping Center Marble Falls, $834.00; LaCare Burnet, $834.00; Bertram Food Pantry, $834.00; and Josephs’ Food Pantry, Granite Shoals, $834.00 (Parker)
7. Discussion and/or action regarding Brannon Construction and Texas Material to perform an extension of work on CR 120 (Luther)
8. Discussion and/or action regarding the appointment of Paul Kawalik to ESD #5 (Luther)
9. Discussion and/or action regarding notice from Travis County Medical Examiner office regarding fee increases for FY21 and status of current budget for those expenses (Oakley/Smith)
10. Discussion and/or action regarding the allocation of the 2020 County Transportation Infrastructure Fund (CTIF) Grant program from the Texas department of Transportation in the amount of $104,119.00 (Oakley/Smith)
11. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
12. Discussion and/or action to authorize the Burnet County Clerk Records Management Funds to mail out a Property Fraud Alert notification postcard to 35,000 property parcels in Burnet County. The total cost is $15,215.00 (Parker)
13. Discussion and/or action regarding annual County fee changes for FY21 (Smith)
14. Discussion and/or action regarding increasing the Ethernet service level from 10 to 50 MB from our hub tower to Austin with Spectrum (Barho/Oakley)
15. Discussion and/or action regarding the approval to apply for a grant from LCRA Community Development Partnership Program. Maximum $25,000 with 20% match. Project to includes all four Constables handheld and vehicle radios (Oakley/Smith)
16. Discussion and/or action regarding the approval to accept online after proper adjustments have been made for the FY 2021 Motor Vehicle Crime Prevention Authority Grant Program for the Heart of Texas Auto Theft Task Force for September 1, 2020 – August 21, 2021. The MVBPA Board has reduced the award from $200,000 to $192,400 or 3.8% due to state requirement to reduce program expenses by 5% (Boyd/Smith)
17. Discussion and/or action in regards to Judge Roxanne Nelson’s reappointment to the Bluebonnet Trails MHMR Board of Trustees (Oakley)
18. Discussion and/or action for the approval of a change order No. 1 for the CR 401S Reconstruction project (Dockery)
19. Discussion and/or concerning the acceptance of Subdivision Improvement Performance Bond #4438076 in the amount of $1,315,236.62 for road construction, signs and drainage related to River Hills Ranch, Phase 2 (Beierle)
20. Discussion and/or action regarding the release of Subdivision completion bond 073213 for the Arrowhead Trail Ranch Subdivision in the amount of $681,786.08 and the acceptance of a Subdivision maintenance bond in the amount of $102,269.41 to effective for a period of 2 years from this date (Beierle)
21. Discussion and/or action regarding the final plat of River Hills Ranch, Phase 2-A, a private subdivision, 652.63 acres out of the Konrid Draesamer Svy. No. 73, et al Burnet County (Beierle)
22. Discussion and/or action regarding a proposed replat of Lots D, 107-110, 115-125, 111-114, and 153-163, Council Creek South, Unit 1, to be known as Lots 117A, 111A, 122C, 122D, 125C, and 125D, Council Creek South, Unit 1 (Luther)
23. Discussion and/or action regarding the final plat approval for Dockal Ranchettes, Phase 2, a private subdivision consisting of 39 lots on 82.24 acres located at 6130 E. FM 243 (Beierle)
24. Discussion and/or action regarding the naming of a private road off of Little Elm Road serving multiple homes to be known as Carrizo Loop in accordance with 911 addressing guidelines (Luther)
25. Discussion and/or action regarding the replat of Lots 122 and 123, Council Creek Village, Unit No. 1 to be known as “Lot 123-A, Council Creek Village, Unit No. 1” whereby owner is proposing to combine the two (2) lots into one (1) lot as required by LCRA for septic system approval (Luther)
26. Discussion and/or action regarding the replat of Lots 40, 41, and 42, The Ranches at Canyon Creek, Phase One, to be known as Lot 40A, The Ranches at Canyon Creek, Phase One (Luther)
27. Discussion and/or action regarding the replat of Lots 11, 12, 12A, and a portion of Outlot 1, Laguna Vista, to be known as Lots 11A and 12B, Laguna Vista (Luther)
28. 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).
29. Reconvene in Open Session. (Oakley)
30. 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)
31. Discussion and/or action regarding Department Updates: (Oakley)
32. Acknowledgement of Receipt: (Oakley)
a. HLFCC thank you letter
b. Notice of application to amend a water certificate of convenience and necessity in Llano and Burnet Counties, Texas
c. BCAD letter in regards to their acceptance of their proposed budget for 2021
d. BCAD letter in regards to the adoption of the District’s Reappraisal Plan for 2021-2022
33. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
- Inter local agreement with the City of Burnet for road work
- Amendment to contract with Dr. Madrigal
- DIJ Construction contract labor agreement for striping of CR 402
- Contract for concrete work at the old recreational area at Sheriff’s office
35. 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:
- 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.
37. Calendar Review.
38. 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.
REGULAR MEETING DATE: Tuesday, July 28, 2020
MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas
ADDENDUM
- Discussion and/or action on prior year estray invoices (Luther/Smith)
- Mark Russell 9/5/2019 in the amount of $4,500 and 9/5/2019 in the amount of $2,680
- Discussion and/or action on FY21 Budget (Oakley/Smith)
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
Herb Darling, Development Services, thanked the Court for ordering and having the COVID test kits available.
Replat
Council Creek South, Unit 1
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a proposed replat of Lots D, 107-110, 115-125, 111-114, and 153-163, Council Creek South, Unit 1, to be known as Lots 117A, 111A, 122C, 122D, 125C, and 125D, Council Creek South, Unit 1.
Vote: 5 - 0 Passed - Unanimously
Motorola ILA Project
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Motorola Interlocal Agreement (ILA) project and contract.
Vote: 5 - 0 Passed - Unanimously
Service with Spectrum
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve increasing the Ethernet service level from 10 MB to 50 MB from our hub tower to Austin with Spectrum.
Vote: 5 - 0 Passed - Unanimously
Discussion/ Action
COVID-19 Virus
Jim Barho, Office of Emergency Management, updated the Court on how the virus is escalating in Burnet County. In terms of equipment, Mr. Barho stated there is good supply of Personal Protective Equipment (PPE) which has been dispersed to County Hospital's, Doctor Offices, Fire Departments, Volunteer Fire Departments, and Police Departments. Any County agencies may contact Mr. Barho for additional equipment. Mr. Barho emphasized the importance of social distancing, sanitizing, and wearing masks to help prevent the spread of the virus.
Judge Oakley stated the numbers in Burnet County continue to increase. The State has changed their reporting method. Where the reported numbers of deaths were previously compiled from reports of the Health Authority, fatalities will now be derived from what is listed on the deceased's Death Certificate.
Mr. Barho said there is confusion with the public on the numbers which are being reported. The County obtains the figures from the Texas Department of State Health Services (DSHS) and there have been discrepancies. Judge Oakley agreed as there was a large discrepancy the previous day. A mass testing was conducted at the Burnet County Woman's Prison, resulting in 103 new cases, with the majority of those inmates not showing any symptoms. This testing may be what caused the large discrepancy. Judge Oakley continues to remind individuals to properly sanitize and practice social distancing, regardless of the current number of cases.
Karin Smith, County Auditor, reports her office has been busy with the procurement of items which may be funded by the CARES Act. While the 25 percent category is almost all utilized, the office continues to procure items which qualify under the 75 percent category.
FY 21 Fee Increase
Travis County Medical Examiner
Vote: 5 - 0 Passed - Unanimously
Replat
The Ranches at Canyon Creek
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a replat of Lots 40, 41, and 42, The Ranches at Canyon Creek, Phase One, to be known as Lot 40A, The Ranches at Canyon Creek, Phase One. The Plat was corrected to reflect Comm. Wall of Precinct 3, not Comm. Luther of Precinct 1.
Vote: 5 - 0 Passed - Unanimously
Replat
Laguna Vista
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Lots 11, 12, 12A, and a portion of Outlook Lot 1, Laguna Vista, to be known as Lots 11A and 12B, Laguna Vista.
Vote: 5 - 0 Passed - Unanimously
Donation to Food Banks
From Burnet County Employees
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to accept a donation from Burnet County Employees in the amount of $3,336.00 from the County basket sales fundraiser with all proceeds donated to the following: Helping Center Marble Falls, $834.00; LaCare Burnet, $834.00; Bertram Food Pantry, $834.00; and Josephs’ Food Pantry, Granite Shoals, $834.00.
Vote: 5 - 0 Passed - Unanimously
Property Fraud Alert
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Burnet County Clerk Records Management Funds to mail out a Property Fraud Alert notification postcard to 35,000 property parcels in Burnet County.
Vote: 5 - 0 Passed - Unanimously
ESD 5
Paul Kowalik
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the appointment of Paul Kowalik to ESD #5.
Vote: 5 - 0 Passed - Unanimously
Subdivision Improvement Performance Bond
River Hills Ranch, Phase 2
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept the Subdivision Improvement Performance Bond #4438076 in the amount of $1,315,236.62 for road construction, signs and drainage related to River Hills Ranch, Phase 2.
Vote: 5 - 0 Passed - Unanimously
Release
Subdivision Completion Bond
Final Plat
Dockal Ranchettes, Phase 2
Final Plat
River Hills Ranch, Phase 2-A
Naming of Private Road
To Carrizo Loop
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the naming of a private road off of Little Elm Road serving multiple homes to be known as Carrizo Loop in accordance with 911 addressing guidelines.
Vote: 5 - 0 Passed - Unanimously
Replat
The Ranches at Canyon Creek, Phase 1
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Lots 122 and 123, Council Creek Village, Unit No. 1 to be known as “Lot 123-A, Council Creek Village, Unit No. 1” whereby owner is proposing to combine the two (2) lots into one (1) lot as required by LCRA for septic system approval.
Vote: 5 - 0 Passed - Unanimously
Department Updates
Mike Cummings, Chief Burnet County Sheriff, updated the Court on the Dispatch Center.
Bluebonnet Trails
MHMR Board of Trustees
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Judge Roxanne Nelson’s reappointment to the Bluebonnet Trails MHMR Board of Trustees.
Vote: 5 - 0 Passed - Unanimously
Estray Invoices
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to authorize payment of both invoices, one in the amount of $4500 and the other in the amount of $2,680. Comm. Luther stated the amount for $2,680 needs to be looked into further before it is paid. The motion was modified to approve the first invoice for $4500 and expend those funds from professional services line item of the Sheriff's Office. There was no action on second invoice in the amount of $2680.00.
Vote: 5 - 0 Passed - Unanimously
The Court reconvened at 10:15 a.m.
Purchase Trailer for
Road & Bridge Pct.2
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the expenditure of $6,075 to O'Connor Trailer Sales for the purchase for Road and Bridge Pct. 2 trailer.
Vote: 5 - 0 Passed - Unanimously
CR 120
Construction Work
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve payment of an invoice by Brannon Construction and Texas Material in the amount of $18,067.50.
Vote: 5 - 0 Passed - Unanimously
2020 County Transportation
Infrastructure Fund Grant Program
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. for the equal distribution of the 2020 County Transportation Infrastructure Fund (CTIF) Grant program from the Texas Department of Transportation in the amount of $104,119.00.
Vote: 4 - 1 Passed
- Nay:
-
Commissioner Precinct 4 Joe Don Dockery
Texas Department of Motor Vehicles
Annual County Fee Changes for 2021
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to keep County Fee charges the same, only affecting the Road and Bridge fee and Child Safety on Vehicle Registration.
Vote: 5 - 0 Passed - Unanimously
The Court reconvened at 10:27 a.m.
Grant
LCRA Community Development
Partnership Program
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to apply for a grant from LCRA Community Development Partnership Program. Maximum $25,000 with 21% match.
Vote: 5 - 0 Passed - Unanimously
FY 2021 Motor Vehicle Crime
Prevention Authority Grant Program
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to accept the FY 2021 Motor Vehicle Crime Prevention Authority Grant Program for the Heart of Texas Auto Theft Task Force for September 1, 2020 – August 31, 2021.
Vote: 5 - 0 Passed - Unanimously
Comm. Wall asked how Burnet County would be impacted if Limestone County does not continue with the program? Ms. Smith stated she was told they would have to re-evaluate, however it is possible the Grant would lose $46,000.00 which is the portion funding the Limestone County Officer. Comm. Dockery asked when we would be informed of the decision. Ms. Smith replied the Limestone County Judge and Sheriff had not made a final decision, but stated we do need to know soon as the Auditors Office needs to submit the documents.
Comm. Dockery asked if we move to accept the Grant and Limestone County does not participate, making the project no longer financially sustainable, can we deny the funds if they have not been received? Ms. Smith responded if Limestone County opts out, the grant would lose the amount funding the Limestone County Officer. The Grant would continue to fund the two Burnet County Officers, only the Limestone County Officer would no longer be funded.
Karin Smith corrected the agenda item to reflect an August 31, 2021 end date.
CR 401S
Reconstruction Project
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve change order No. 1 for the CR 401S Reconstruction Project in the amount of $339,120.05.
Vote: 5 - 0 Passed - Unanimously
Executive Session
Executive Session
Executive Session
Acknowledgement of Receipt
Contracts, Agreements, or Grants
to be Approved or Ratified
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Interlocal Agreement with the City of Burnet for road work; DIJ Construction contract labor agreement for striping of CR 402; Contract for concrete work at the old recreational area at Sheriff’s office; and an amendment to the Contract with Dr. Madrigal to be finalized and reviewed by the County Attorney, Judge, and County Auditor.
Vote: 5 - 0 Passed - Unanimously
Call for Bids
Requests for Proposals/ Qualifications
Previous Agenda Items
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
Calendar Review
The Court recessed at 10:50 a.m.
The Court reconvened at 10:55 a.m.
FY21 Budget
Adjournment