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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 8th day of September 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
 
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 8, 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 approval to accept and sign the Statement of Grant Award 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 31, 2021 for $192,400 (Oakley/Smith)

5. Discussion and/or action concerning the setting of the 2021 Sheriffs’ and Constables’ Fees (Oakley/Parker)

6. Discussion and/or action to accept and sign for FY 21 Statewide Automated Victim Notification Service Renewal Contract with Appriss, Inc. (Oakley/Smith)

7. Discussion and/or action regarding the contract with Bancorp South to finance 1 or more 2021 Mack Dump Trucks (Oakley/Smith)

8. Discussion and/or action for the approval to apply for grant for VETRIDE from 2021-2022 Texas Veterans Commission Fund for Veterans General Assistance. Grant period is 7/1/2021-6/30/2022 (Oakley/Smith/McCoy)

9. Discussion and/or action regarding hazard pay for designated employees due to COVID (Oakley/S.Luther)

10. Discussion and/or action on regarding the Presidential Memorandum allowing the deferral of employee payroll taxes for the period of 9/1-12/31/20 (Oakley/S. Luther)

11. Discussion and/or action regarding the service order agreement with Northland Business for internet service at the Elections Building (Oakley/Tarbet)

12. Discussion and/or action regarding the approval of change order No. 2 for CR 401S Reconstruction project (Dockery)

13. Discussion and/or action regarding the Memorandum of Understanding between MM Marble Falls, 1070 LLC and Burnet County regarding the exchange of 1.25 acres of land previously used as right of way for Hwy. 281 and currently owned by Burnet County and which lies within the city limits of Marble Falls with property of similar value to be provided by MM Marble Falls, 1070 LLC (abutting property owner to the 1.25 acres) in the vicinity of a proposed subdivision to be created. Said proposed exchange is authorized under Texas Local Government Code 272.001 (b)(3) (Oakley/Arredondo)

14. Discussion and/or action regarding the Resolution providing for the sale of property acquired by the Burnet Central Appraisal District at Delinquent Tax Sale: (Oakley)
a. Lot K14061, Horseshoe Bay South
b. Lot K11032A, Plat K11.2, Horseshoe Bay South
c. Lot K1028, Plat K1.1, Horseshoe Bay South
d. Lot K10144, Plat K10.1, Horseshoe Bay South
e. Lot K14053, Plat K14, Horseshoe Bay South
f. Lot 414 Mystic Castle Section, Sherwood Shores
g. Lots 584 & 585, Mystic Castle Section, Sherwood Shores
h. Lot 683, Mystic Castle Section, Sherwood Shores
i. Lot 96, Sherwood Heights Section, Sherwood Shores
j. Lot 116, Woodland Hills Section, Sherwood Shores No. 2

15. Discussion and/or action concerning the release of Maintenance Bond #0726109-M for the Meadows at Bluebonnet Hill Subdivision (Beierle)

16. Discussion and/or action concerning the burn ban for the unincorporated areas of Burnet County (Oakley)

17. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)

18. Discussion and/or action regarding the final plat of 159.14 acres out of the F.M. Gardner Svy. No. 69, Abst. No. 1307, Burnet County, Texas, to be known as Miller Creek Ranch, Phase Three (Beierle)

19. Discussion and/or action regarding the amended plat for Dockal Ranchettes, Phase 2 to correct a scrivener’s error (Beierle)

20. Discussion and/or action regarding the replat of Clearwater Landing at LBJ II, Phase 2, Plant No. 2.13 to be known as Clearwater Landing at LBJ II, Phase 2, Plat No. 2.16. 1.34 acres out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas (Luther)

21. Discussion and/or action regarding the final plat of River Hills Ranches, Phase Two-B, a private subdivision, 106.79 acres out of the FC&S.F.R.Y Company Svy. No. 21, Abst. No. 1237; the G.C.&S.F.R.Y, Co. Svy. No. 23, Abst. No. 1383; the Jacob Mahee Svy., Burnet county, Texas consisting of 14 ranches in Burnet and Lampasas County, Texas and creating 3,121 feet of private roads (Beierle)

22. 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).

23. Reconvene in Open Session. (Oakley)

24. 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)


25. Discussion and/or action regarding Department Updates: (Oakley)

26. Acknowledgement of Receipt: (Oakley)
a. MIS Summary
b. Burnet County Emergency Services District No. 2/Sales and Use Tax Election Letter
c. Burnet FD June, July, and August response times reports and 2019 Audit form

27. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
(Oakley)
  1. G Suite Business Account for Google Services
  2. Inmate housing contracts for the following counties: Bell, Blanco, Comal, Coryell, Ector, Hamilton, Hays, Kendall, Kimble, Lampasas, McLennan, McCulloch, San Saba, Sutton, and Taylor
  3. Independent Contract Agreement for a new Vetride Driver – E. Jeffries

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

29. 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.
30. Discussion regarding any previous agenda items.

31. Calendar Review.

32. 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 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Comm. Wall led the Court with the Invocation and Pledges to the United States and Texas Flags.
 
Item #3:
Public Comments
There were no comments from the public.
 
Item #19:
Amended Plat
Dockal Ranchettes, Phase 2
The Court discussed the amended plat for Dockal Ranchettes, Phase 2 to correct a scrivener’s error.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the amended plat for Dockal Ranchettes, Phase 2 to correct a scrivener’s error.

Vote: 5 - 0 Passed - Unanimously

 
Item #4:
FY 2021 Motor Vehicle Crime
Prevention Authority Grant Program
The Court discussed the approval to accept and sign the Statement of Grant Award 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 31, 2021 for $192,400.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept and sign the Statement of Grant Award 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 31, 2021 for $192,400.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
2021 Sheriffs' and Constables' Fees
The Court discussed the setting of the 2021 Sheriffs’ and Constables’ Fees.  Comm. Luther asked for a representative from the Sheriff's Department to be present and explain the fees.  This item will be held until more information is presented.
 
Item #6:
Statewide Automated
Victim Notification Service
The Court discussed FY 21 Statewide Automated Victim Notification Service Renewal Contract with Appriss, Inc.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept and sign the FY 21 Statewide Automated Victim Notification Service Renewal Contract with Appriss, Inc.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Contract
Bancorp South
The Court took no action at this time.
 
Item #8:
Grant
VETRIDE
The Court discussed the approval to apply for grant for VETRIDE from 2021-2022 Texas Veterans Commission Fund for Veterans General Assistance.  Grant period is 7/1/2021-6/30/2022.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to apply for a grant for VETRIDE from 2021-2022 Texas Veterans Commission Fund for Veterans General Assistance. Grant period is 7/1/2021-6/30/2022.

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Hazard Pay
COVID
The Court took no action on this agenda item.
 
Item #10:
Deferral of Employee Payroll Taxes
The Court discussed the Presidential Memorandum allowing the deferral of employee payroll taxes for the period of 9/1-12/31/20.  Sara Ann Luther, Human Resources Director, received guidance from the Treasury Department in reference to the repayment schedule.  After researching online and consulting with the Texas Association of Counties (TAC), employers are not required to defer payroll taxes of employees.  Burnet County makes the decision on deferring payroll taxes.  After consulting with the County Treasurer and Auditor, this is seen as a deferral only and not in the best interest of County employees.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to not participate in the deferral of employee payroll taxes for the period of 9/1-12/31/20.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Service Order Agreement
Northland Business
The Court discussed the service order agreement with Northland Business for internet service at the Elections Building.  Judge Oakley explained this will keep the Election's office connection separate from the County system.  Karin Smith, County Auditor, said this was a recommendation after the security assessment was completed.  The total cost will be $373.00 per month, which is available in the elections budget.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the service order agreement with Northland Business for internet service at the Elections Building.

Vote: 5 - 0 Passed - Unanimously

Ms. Smith clarified the first year will be paid from the Technologies Grant.
 
Item #12:
Change Order
CR 401S Reconstruction
The Court discussed the approval of change order No. 2 for CR 401S Reconstruction project.  Comm. Dockery stated changes resulted in a $24,000.00 savings to the County.  
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve change order No. 2 for CR 401S Reconstruction project.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
BCAD
Delinquent Tax Sale
The Court discussed the Resolution providing for the sale of property acquired by the Burnet Central Appraisal District at Delinquent Tax Sale: a. Lot K14061, Horseshoe Bay South, b. Lot K11032A, Plat K11.2, Horseshoe Bay South, c. Lot K1028, Plat K1.1, Horseshoe Bay South, d. Lot K10144, Plat K10.1, Horseshoe Bay South, e. Lot K14053, Plat K14, Horseshoe Bay South, f. Lot 414 Mystic Castle Section, Sherwood Shores, g. Lots 584 & 585, Mystic Castle Section, Sherwood Shores, h. Lot 683, Mystic Castle Section, Sherwood Shores, i. Lot 96, Sherwood Heights Section, Sherwood Shores, and j. Lot 116, Woodland Hills Section, Sherwood Shores No. 2.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Resolution providing for the sale of property acquired by the Burnet Central Appraisal District at Delinquent Tax Sale: a. Lot K14061, Horseshoe Bay South, b. Lot K11032A, Plat K11.2, Horseshoe Bay South, c. Lot K1028, Plat K1.1, Horseshoe Bay South, d. Lot K10144, Plat K10.1, Horseshoe Bay South, e. Lot K14053, Plat K14, Horseshoe Bay South, f. Lot 414 Mystic Castle Section, Sherwood Shores, g. Lots 584 & 585, Mystic Castle Section, Sherwood Shores, h. Lot 683, Mystic Castle Section, Sherwood Shores, i. Lot 96, Sherwood Heights Section, Sherwood Shores, j. Lot 116, Woodland Hills Section, Sherwood Shores No. 2.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Memorandum Of Understanding
MM Marble Falls, 1070 LLC
The Court discussed the Memorandum of Understanding between MM Marble Falls, 1070 LLC and Burnet County regarding the exchange of 1.25 acres of land previously used as right of way for Hwy. 281 and currently owned by Burnet County and which lies within the city limits of Marble Falls with property of similar value to be provided by MM Marble Falls, 1070 LLC (abutting property owner to the 1.25 acres) in the vicinity of a proposed subdivision to be created.  Said proposed exchange is authorized under Texas Local Government Code 272.001 (b)(3).  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to provide authorization to the Judge to execute a final document, after review by the County Attorney.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Maintenance Bond
Bluebonnet Hill Subdivision
The Court discussed the release of Maintenance Bond #0726109-M for the Meadows at Bluebonnet Hill Subdivision.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of Maintenance Bond #0726109-M for the Meadows at Bluebonnet Hill Subdivision.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Burn Ban
The Court discussed the burn ban for the unincorporated areas of Burnet County.   While conditions have been favorable in Northern areas of the County, it remains dry in the Southern part of the County.  The Court will continue to monitor the conditions.

The Court took no action at this time.
 
Item #17:
Action/ Discussion
COVID-19 Virus
The Court discussed topics related to the COVID-19 Virus.

Karin Smith, County Auditor, stated there would be a meeting at the Jail on Wednesday related to CAPCOG funds.  Judge Oakley reports the Auditor's office continues to make expenditures to items related to COVID-19.  Testing continues, however the County has not been receiving information from the State.
 
Item #18:
Final Plat
Miller Creek Ranch, Phase 3
The Court took no action on this agenda item.
 
Item #22:
Executive Session
The Court took no action on this agenda item.
 
Item #23:
Executive Session
The Court took no action on this agenda item.
 
Item #24:
Executive Session
The Court took no action on this agenda item.
 
Item #25:
Department Updates
Judge Oakley reported the reconfiguration in the County Clerk's office continues. The glass should be installed by the end of the month.  The Magistrate's office is almost complete.
 
Item #26:
Acknowledgement of Receipt
The Court discussed receipt of the MIS Summary, Burnet County Emergency Services District No. 2/ Sales and Use Tax Election Letter, and Burnet FD June, July, and August response times reports and 2019 Audit form.  
 
Item #27:
Contracts, Agreements, or Grants
to be Approved or Ratified
The Court discussed the G Suite Business Account for Google Services; Inmate housing contracts for the following counties: Bell, Blanco, Comal, Coryell, Ector, Hamilton, Hays, Kendall, Kimble, Lampasas, McLennan, McCulloch, San Saba, Sutton, and Taylor; and Independent Contract Agreement for a new Vetride Driver – E. Jeffries.

Item 27.b Inmate housing contracts includes the new rate of $55.00 per day.

Karin Smith, County Auditor, is requesting authorization, not to exceed $6000.00, to begin the concrete work at the shooting-range contingent on the signing of a contract labor agreement, W-9, and certificates of insurance.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the contracts with G Suite Business Account for Google Services, Inmate housing contracts for the following counties: Bell, Blanco, Comal, Coryell, Ector, Hamilton, Hays, Kendall, Kimble, Lampasas, McLennan, McCulloch, San Saba, Sutton, and Taylor, Independent Contract Agreement for a new Vetride Driver - E. Jeffries, and a purchase order to begin the concrete work at the shooting-range.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to amend the motion to include authorization for up to $6,000.00 for a purchase order for concrete work at the shooting-range.

Vote: 5 - 0 Passed - Unanimously

 
Item #28:
Call for Bids
Requests for Proposals/ Qualifications
The Court took no action on this agenda item.
 
Item #29:
Consent Agenda
Linda Bayless, Court at Law Judge, requested the Court reconsider providing a mobile hot spot for Debbie McGrew, Court Reporter.  Judge Bayless has concerns for her and her staff related to COVID-19.  Judge Bayless is requesting a line item transfer of funds from the conference, dues, and  training budget to the operating supplies budget.  Judge Oakley brought this item to the Court as this is the first request for the County to provide infrastructure to enable an employee to work from home.  The Verizon unlimited data plan is only available as an annual contract.  Comm. Wall asked Judge Bayless if there are funds in her budget to maintain a one-year contract.  Karin Smith, County Auditor, stated the cost would be approximately $600.00.  After being informed of the cost, Judge Bayless stated there are funds available in her budget.  Comm. Dockery asked the Auditor if action can be taken today to approve a line item transfer from her conference, dues, and training fund allowing for this item.  Ms. Smith responded yes.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a line item transfer of funds from dues and training budget.

Vote: 5 - 0 Passed - Unanimously

Comm. Luther asked if there is a policy or if one is being developed.  Judge Oakley responded this is the first time this type of request has come in for financial use of tax dollars to provide for an employee to work from home when the Courthouse is open and operating.  Comm. Wall asked Eddie Arredondo, County Attorney, if this sets a precedent if this item is approved.  He responded saying Judge Bayless has shown this to be a unique situation which does not apply to other departments.  These unique issues are tied to her request.  Mr. Arredondo does not think this is setting a precedent as other departments do not deal with the same things the Judge has to deal with in a courtroom. 

The Court discussed the Consent Agenda. 

Karin Smith, County Auditor, clarified item 29.d. The Court's vote on $600.00 was a line item transfer for FY21.  The current vote is going to be for the FY20 line item transfers.
 

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

 
Item #5:
2021 Sheriffs' and Constables' Fees
The Court discussed the setting of the 2021 Sheriffs’ and Constables’ Fees.  Action needs to be taken by October 1, 2020 in order for the County Clerk to post the updated fees to the website.  The Court is requesting someone to be present at the next Commissioners Court to discuss the proposed rates and why the changes are being made.

The Court took no action on this agenda item.
 
Item #21:
Final Plat
River Hills Ranches, Phase 2-B
There was no one present in Court to discuss this item.  The Court took no action.
 
Item #30:
Previous Agenda Items
The Court took no action on this agenda item.
 
Item #31:
Calendar Review
The Court discussed Calendar Review.

The Household Hazardous Waste event scheduled for October 24th has been rescheduled to Spring, based on availability by the vendor.  Comm. Dockery asked Karin Smith, County Auditor, to invoice the municipalities and other entities for funds to be available in advance.  
 
Item #20:
Replat
Clearwater Landing
at LBJ II, Phase 2
The Court took no action on this agenda item.
 
Item #32:
Adjournment
As there was no further business to discuss, Judge Oakley adjourned the meeting at 10:20 a.m.