County of Burnet {} On this the 13th day of October 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; Carole Poppema, Assistant County Auditor; Stephanie Sherrill, Clerk
REGULAR MEETING DATE: Tuesday, October 13, 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 contract labor agreement with Austin Structured Cabling for fiber cable installation from the SO to the N Annex. (Oakley/Tarbet)
5. Discussion and/or action concerning approval to accept cash grant from NRA for $3,316.00. These funds were used to purchase training ammo, noise reduction head phones and training simulator weapons. (Oakley/K. Smith)
6. Discussion and/or action regarding the execution of a letter to the City of Marble Falls, Texas that joins the request made by MM Marble Falls 1070 L.L.C. acting through Miklos Cinclair, P.L.L.C. to make zoning changes to land located within the proposed Thunder Rock Subdivision development, including a 1.25 acre tract currently owned by Burnet County that shall be transferred to the ownership of MM Marble Falls 1070 L.L.C. in return for another 1.25 acre tract that will also be located within the Thunder Rock Subdivision. (Oakley/Arredondo)
7. Discussion and/or action regarding approval to purchase a scanner for the Treasurer’s Office from County Records Management funds. Not to exceed $600.00 (Oakley/Smith/Crownover)
8. Discussion and/or action on regarding the acceptance of the donation of a Canon EOS Rebel T7 camera from Amazon. It was sent to the SO by mistake & Amazon donated it instead of requiring a return. (Oakley/Smith)
9. Discussion and/or action regarding consideration and approval of an order by the Commissioners Court of Burnet County, Texas authorizing the issuance of “Burnet County, Texas general obligation refunding bonds, taxable series 2020,” levying an annual Ad Valorem Tax, within the limited prescribed by law, upon all taxable property in the county for the payment of the bonds; delegating the authority to certain members of the Commissioners Court and county staff to execute certain documents relating to the sale of the bonds; and providing an effective date. (Oakley/Smith)
10. Discussion and/or action regarding Bancorp South Equipment Lease-Purchase Agreement for Four Dump Trucks. (Oakley/Smith)
11. Discussion and/or action concerning to add E-Return Receipt to the courthouse postage machine. (Oakley/Smith/Crownover)
12. Discussion and/or action concerning approval of inter local agreement with the City of Highland Haven for road work. (Luther)
13. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
14. Discussion and/or action concerning approval to use county manpower and equipment to assist of Burnet County Rodeo Association in preparation of their annual fundraiser event at the Burnet County Rodeo Grounds. (Beierle)
15. 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)
16. Discussion and/or action regarding the approval of an interlocal agreement with Burnet Co. ESD9. (Dockery)
17. Discussion and/or action concerning approval for the Burnet County Clerk to restore, preserve and frame the original drawings of the Marble Falls Bridge from 1911 with Kofile Technologies, not to exceed $10,000.00. This preservation project to be funded from the County Clerks Records Archive budget. (Oakley/Parker)
18. Discussion and/or action regarding amendment to FY21 Sheriff’s Office - Dispatcher Salary schedule (Oakley/S. Luther)
19. Discussion and/or action regarding approval for RB2 to purchase a used paver. (Beierle)
20. Discussion and/or action on R&B #4 Requisition #20-4430 to DIJ Construction in the amount of $2,400.00 and R&B #3 Requisition #20-4828 to O’Connor Trailer Sales in the amount of $6,075.00. (Oakley)
21. Discussion and/or action regarding the final plat approval for Homestead Hills, a private subdivision consisting of 72 lots on 636.26 acres located at 2634 CR 101. (Luther)
22. Discussion and/or action concerning the release of Subdivision Completion Bond #GM201344, in the amount of $351,170.16, and the acceptance of Maintenance Bond #GM203515 in the amount of $52,675.52 for the maintenance portion of Rolling Hills Reserve, Phase II, to be retained by Burnet County for a period of 2 years from this date. (Luther)
23. Discussion and/or action concerning a replat of lots 1038 thru 1042, Sherwood Shores III, Section B to be known as lot 1038-A, Sherwood Shores III Section B. (Luther)
24. Discussion and/or action concerning a quit claim deed for a 198 square foot tract of land out of the William Simmons Survey No. 119, being a part of Kings Cove Drive (AKA County Road 135) as shown on the plat of Kings Cove Estates per the plat of record in cabinet 1, slide 13-B O.P.R.B.C.T. (Luther)
25. Discussion and/or action concerning naming a private road located near 1150 S. FM 1174 Bertram, to be known as Citrus Lane, to accommodate emergency responders to multiple family members living on the approximately 30 acre tract. (Wall)
26. Discussion and/or action regarding replat of Lots 47 & 48, final plat of 7 Creeks Ranch, a private subdivision located in Burnet County, Texas, as shown on plat recorded in document No. 201703772 of the OPR of Burnet County, Texas. (Beierle)
27. Discussion and/or action regarding replat of Lots 160-B, 161-A, and 161-B, 7 Creeks Ranch, phase five, a subdivision located in Burnet county, Texas, as shown on plat recorded in document NO 201900109 of the OPR of Burnet County, Texas. (Beierle)
28. Discussion and/or action regarding replat of lots 122 & 123, Windermere Oaks, to be known as Lot 122A, a subdivision located in Burnet County, Texas as shown on plat recorded in cabinet 1, slide 69D of the plat records of Burnet County, Texas. (Dockery)
29. Discussion and/or action regarding concerning a request for a variance from the Burnet County Subdivision regulations by Phillips Management Trust for a 1 acre tract out of a 95.5 acre tract located at 2180 CR 337. (Wall)
30. Discussion and/or action regarding the appointment of replacement election judges and alternate judges to fill vacated positions since we made the appointments for this election prior (Oakley/Ferguson)
31. 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).
32. Reconvene in Open Session. (Oakley)
33. 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)
34. Discussion and/or action regarding Department Updates: (Oakley)
a. Monthly Treasurer’s Report for August and September 2020 as well as Quarterly Investment Report 4th quarter FY20
35. Acknowledgement of Receipt: (Oakley)
a. TCEQ Notice
b. Cottonwood Shores Incident Reports
36. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
- Resorts and Lodges – Tourism
- Victory Publishing and 101 Highland Lakes contracts – Tourism
- Burnet County and Cottonwood Shores VFD
- Burnet County and Hoover Valley VFD
- Professional Svc Agreement with VETRIDE Administrator
- Professional Svc Agreement with Tourism Coordinator
- Service Agreement with Burnet Chamber of Commerce
- Service Agreement with Marble Falls/Lake LBJ Chamber of Commerce
- Independent Contractor Agreement with Jimmy Barho
- Independent Contractor Agreement for a new driver for VetRide. J. Cassell
- Lease agreement with Hill Country Recycling Corporation.
- Sponsorship for Marble Falls Parks and Recreation for six week ice skating venue from Hotel Occupancy Tax.
- Contract labor agreement with 4S Enterprises for cover addition to the maintenance facility
38. 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.
40. Calendar Review.
41. 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
Replat
Sherwood Shores III
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a replat of lots 1038 thru 1042, Sherwood Shores III, Section B to be known as lot 1038-A, Sherwood Shores III Section B.
Vote: 5 - 0 Passed - Unanimously
Replat
Lots 47 & 48
Final Plat
7 Creeks Ranch
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the replat of Lots 47 & 48, final plat of 7 Creeks Ranch, a private subdivision located in Burnet County, Texas, as shown on plat recorded in document No. 201703772 of the OPR of Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Replat
7 Creeks Ranch,
Phase Five
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve a replat of Lots 160-B, 161-A, and 161-B, 7 Creeks Ranch, phase Five, a subdivision located in Burnet County, Texas, as shown on plat recorded in document No. 201900109 of the OPR of Burnet County, Texas.
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 lots 122 & 123, Windermere Oaks, to be known as Lot 122A, a subdivision located in Burnet County, Texas as shown on plat recorded in cabinet 1, slide 69D of the plat records of Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Final Plat
Homestead Hills
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the final plat approval for Homestead Hills, a private subdivision consisting of 72 lots on 636.26 acres located at 2634 CR 101.
Vote: 5 - 0 Passed - Unanimously
Variance Request
Phillips Management Trust
Quitclaim Deed
William Simmons Survey No. 119
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a quitclaim deed for a 198 square foot tract of land out of the William Simmons Survey No. 119, being a part of Kings Cove Drive (AKA County Road 135) as shown on the plat of Kings Cove Estates per the plat of record in cabinet 1, slide 13-B O.P.R.B.C.T. from Burnet County to Wenrus Holdings, LLC Series 102.
Vote: 5 - 0 Passed - Unanimously
FY21 Sheriff's Office
Dispatcher Salary Schedule
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve amendment to FY21 Sheriff’s Office - Dispatcher Salary schedule.
Vote: 5 - 0 Passed - Unanimously
Department Updates
Contracts, Agreements, or Grants
to be Approved or Ratified
Karin Smith, County Auditor, defined the funding source for the Contract Labor Agreement with 4/S Enterprises for cover addition to the maintenance facility was identified in the 2020 Tax Note and is not COVID related.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve Resorts and Lodges-Tourism; Victory Publishing and 101 Highland Lakes contracts-Tourism; Burnet County and Cottonwood Shores VFD; Burnet County and Hoover Valley VFD; Professional Svc Agreement with VETRIDE Administrator; Professional Svc Agreement with Tourism Coordinator; Service Agreement with Burnet Chamber of Commerce; Service Agreement with Marble Falls/Lake LBJ Chamber of Commerce; Independent Contractor Agreement with Jimmy Barho; Independent Contractor Agreement for a new driver for VetRide. J. Cassell; Lease agreement with Hill Country Recycling Corporation; Sponsorship for Marble Falls Parks and Recreation for six week ice skating venue from Hotel Occupancy Tax; and Contract labor agreement with 4/S Enterprises for cover addition to the maintenance facility.
Vote: 5 - 0 Passed - Unanimously
- 2020/2021 Hotel/Motel Tax Lodgers Advertising Contract
- Contract Hoover Valley VFD
- FY 2021 Professional Services Agreement VETRIDE Administrator
- FY 2021 Professional Services Agreement Tourism Coordinator
- Burnet Chamber of Commerce Service Agreement
- Marble Falls/ Lake LBJ Chamber of Commerce Service Contract
- Independent Contractor Agreement with Jim Barho
- Independent Contractor Agreement with James Cassell
- Optional Lease Agreement with Hill Country Recycling Corporation
- Burnet County Event Sponsorship Application
- Contract 4/S Enterprise
- Contract Cottonwood Shores Fire Dept
Contract Labor Agreement
Austin Structured Cabling
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the contract labor agreement with Austin Structured Cabling for fiber cable installation from the Sheriff's Office to the North Annex.
Vote: 5 - 0 Passed - Unanimously
Grant from NRA
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept a cash grant from the NRA for $3,316.00.
Vote: 5 - 0 Passed - Unanimously
Letter to City of Marble Falls
Zoning Changes to
Thunder Rock Subdivision
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the execution of a letter to the City of Marble Falls, Texas that joins the request made by MM Marble Falls 1070 L.L.C. acting through Miklos Cinclair, P.L.L.C. to make zoning changes to land located within the proposed Thunder Rock Subdivision development, including a 1.25 acre tract currently owned by Burnet County that shall be transferred to the ownership of MM Marble Falls 1070 L.L.C. in return for another 1.25 acre tract that will also be located within the Thunder Rock Subdivision.
Vote: 5 - 0 Passed - Unanimously
Scanner Purchase for
Treasurer's Office
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve purchase of a scanner for the Treasurer’s Office from County Records Management funds, not to exceed $600.00.
Vote: 5 - 0 Passed - Unanimously
Department Updates
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept the Treasurer's Report for August and September 2020, and acceptance of Quarterly Investment Report 4th Qtr. FY20.
Vote: 5 - 0 Passed - Unanimously
Herb Darling, Development Services, gave an update on his department. His office remains busy.
Naming of Private Road
To Citrus Lane
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve naming a private road located near 1150 S. FM 1174 Bertram, to be known as Citrus Lane, to accommodate emergency responders to multiple family members living on the approximately 30 acre tract.
Vote: 5 - 0 Passed - Unanimously
Release of Subdivision Completion Bond
Acceptance of Maintenance Bond for
Rolling Hills Reserve, Phase II
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the release of Subdivision Completion Bond #GM201344, in the amount of $351,170.16, and the acceptance of Maintenance Bond #GM203515 in the amount of $52,675.52 for the maintenance portion of Rolling Hills Reserve, Phase II, to be retained by Burnet County for a period of 2 years from this date.
Vote: 5 - 0 Passed - Unanimously
Donation
Sheriff's Office
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the donation of a Canon EOS Rebel T7 camera from Amazon to the Burnet County Sheriff's Department.
Vote: 5 - 0 Passed - Unanimously
Burnet County, Texas
General Obligation Refunding Bonds
Taxable Series 2020
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt an order authorizing the issuance of "Burnet County, Texas General Obligation Refunding Bonds, Taxable Series 2020" pursuant to a delegated sale and identifies RBC Capital Markets as the underwriter.
Vote: 5 - 0 Passed - Unanimously
The Court reconvened at 10:15 a.m.
Bancorp South
Equipment Lease-
Purchase Agreement
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Bancorp South Equipment Lease-Purchase Agreement for Four Dump Trucks.
Vote: 5 - 0 Passed - Unanimously
E-Return Receipt
Courthouse Postage Machine
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve adding E-Return Receipt to the Courthouse postage machine.
Vote: 5 - 0 Passed - Unanimously
Interlocal Agreement
City of Highland Haven
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve an interlocal agreement with the City of Highland Haven for road work.
Vote: 5 - 0 Passed - Unanimously
Action/ Discussion
COVID-19 Virus
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to sign an interlocal agreement with the Burnet County Fair and Rodeo Association for COVID-19 testing using CARES Act funds.
Vote: 5 - 0 Passed - Unanimously
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve work and obtain an estimate from Marble Falls Glass and Mirror.
Vote: 5 - 0 Passed - Unanimously
Burnet County
Rodeo Association
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve use of County manpower and equipment to assist Burnet County Rodeo Association in preparation of their annual fundraiser event at the Burnet County Rodeo Grounds.
Vote: 5 - 0 Passed - Unanimously
Final Plat
Miller Creek Ranch, Phase III
Interlocal Agreement
Burnet County ESD 9
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve an interlocal agreement with Burnet County ESD 9.
Vote: 5 - 0 Passed - Unanimously
Preservation Project
Marble Falls Bridge
Original Drawings
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Burnet County Clerk to restore, preserve and frame the original drawings of the Marble Falls Bridge from 1911 with Kofile Technologies, not to exceed $10,000.00.
Vote: 5 - 0 Passed - Unanimously
Road & Bridge Precinct 2
Purchase of Used Paver
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve RB2 to purchase a used paver.
Vote: 5 - 0 Passed - Unanimously
Requisitions
#20-4430 DIJ Construction
#20-4828 O'Connor Trailer Sales
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve Requisition #20-4430 to DIJ Construction in the amount of $2,400.00, R&B #3 Requisition #20-4828 to O’Connor Trailer Sales in the amount of $6,075.00, and #20-5194 to Mustang Equipment in the amount of $2,250. 86. A line item transfer will be submitted to a future Commissioners Court for Requisition #20-5194.
Vote: 5 - 0 Passed - Unanimously
Appointment of Replacement
Election Judges
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the appointment of replacement election judges and alternate judges to fill vacated positions as appointments were previously approved for this election.
Vote: 5 - 0 Passed - Unanimously
Executive Session
Executive Session
Executive Session
Acknowledgement of Receipt
Call for Bids
Requests for Proposals/ Qualifications
Action/ Discussion
COVID-19 Virus
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to allow for an expenditure to acquire a forklift as allowed under the COVID-19 funding up to the amount of $35,000.00.
Vote: 5 - 0 Passed - Unanimously
Consent Agenda
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the consent agenda in its entirety.
Vote: 5 - 0 Passed - Unanimously
Previous Agenda Items
Calendar Review
Adjournment
