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Minutes for Regular Session

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The State of Texas {}
County of Burnet   {}      On this the 27th 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; Janet Parker, County Clerk; Karin Smith, County Auditor; Carole Poppema, Assistant 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, October 27, 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 a resolution to authorize the award of a FY21 county grant to Williamson Burnet County Opportunities for $10,000 which is in conjunction with the Texas Department of Agriculture Texans Feeding Texans program; and that provides home-delivered meals to homebound persons in the county who are elderly and/or have a disability. Further, this agenda item involves taking action by Burnet County to certify approval of the accounting system or fiscal agent for this grant award. (Oakley)

5. Discussion and/or action regarding the certification by Burnet County that that it has awarded and paid to Williamson Burnet County Opportunities for $10,000 which is in conjunction with Texas Department of Agriculture 2020 Texans Feeding Texans program; and that provides home-delivered meals to homebound person in the county who are elderly and/or have a disability. (Oakley)

6. Presentation from Ashby Johnson, Executive Director of the Capital Area Metropolitan Planning Organization (CAMPO) and Tucker Ferguson, District Engineer for Texas Department of Transportation on current and potential future highway projects. (Oakley)

7. Discussion and/or action regarding approval to accept Environmental Deputy grant from the Governor’s Office Justice Assistance Grant Program. Total award: $63,570.76. No match is required, however this is partial funding for salary and benefits only. (Oakley)

8. Discussion and/or action regarding approval to accept Burnet County Citizen Corps Program – Disaster Response Trailer grant from the Homeland Security Grant Program. Total award: $30,017.00. No match is required. (Oakley)

9. Discussion and/or action on regarding approval to accept 33rd/424th Drug Court grant from the Governor’s Office State Criminal Justice Planning Fund, Specialty Courts. Total award: $87,109.00. No match required. (Oakley)

10. Discussion and/or action regarding approval to accept the Coronavirus Emergency Supplement Funding program (CESF) from the Office of the Governor, Public Safety Office, Criminal Justice Division for funds to help prevent, prepare for and respond to the coronavirus pandemic. Total award: $243,111.88. No match is required. (Oakley)

11. Discussion and/or action regarding approval to apply for a General Library Improvement Grant through the Tocker Foundation for catalog stations at the Marble Falls Public Library. Deadline is January 15, 2021. Application will be for approximately $16,000. (Oakley/Smith)

12. Discussion and/or action concerning approval to apply for a Loleta D. Fyan Grant through the American Library Association for patron stations at the Marble Falls Public Library. Maximum application is $5,000. Deadline is 2.1/2021. (Oakley/Smith)

13. Discussion and/or action to accept the resignation of J.J. Guy from the Burnet County ESD #1 board. (Dockery)

14. Discussion and/or action regarding appointment of Greg Spence to Burnet County ESD #1 board. (Dockery)

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

16. Discussion and/or action regarding acceptance of donations for Precinct 4’s annual Thanksgiving luncheon. (Dockery)

17. Discussion and/or action regarding approval to accept grant award fromthe Bulletproof Vests Partnership Program through the Office of Justice Programs at the Department of Justice. Amount: $6,127. Requires 100% match. (Oakley/Boyd)

18. Discussion and/or action regarding authorizing County Attorney to file affidavit to counter adverse possession claim on a portion of CR 410B (A.K.A. Ridge Drive) plus granting authority to Commissioner Joe Don Dockery to remove obstructions placed upon County Road 410B (A.K.A. Ridge Drive) pursuant to 251.003,251.008 and 251.016 of the Texas Transportation Code, and authorizing steps necessary to enforce Section 42.03, Texas Penal code, regarding obstruction to public right-of-way or passageway. (Dockery/Arredondo)

19. Discussion and/or action regarding a request for a variance from the Burnet County Subdivision Regulations by Phillips Management Trust for a 2 acre tract out of a 95.5 acre tract located at 2180 CR 337. (Wall)

20. Discussion and/or action concerning the “Final Plat of River Hills Ranches, Phase Three, A Private Subdivision, 114.83 acres out of the J.N. Ethridge Survey, Abstract No. 1484,54.56 Acres out of the E.S. Ethridge Survey, Abstract No. 1485, Lampasas and Burnet County, Texas” consisting of 15 Ranches in Burnet and Lampasas County, Texas and creating a total of 2,215 feet of private roads consisting of 1,469 feet in Burnet County. (Beierle)

21. Discussion and/or action regarding the replat of Lots 14 & 15, Windermere Oaks, 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. To be known as Lot 14-A, Windermere Oaks. (Dockery)

22. Discussion and/or action regarding the replat of Lots K, L,&M Council Creek South, Unit 2 as shown on Plat Recorded in cabinet 1, slide 58B, Plat records Burnet County, Texas. To be known as Lot L-A. Council Creek South, Unit 2. (Luther)

23. Discussion and/or action regarding the replat of Lots 96 & 97, block B, The Point at Ridge Harbor, a subdivision located in Burnet County, Texas as shown on plat recorded in cabinet 2, slide 64-D of the plat records of Burnet County, Texas. To be known as Lot 96-A, block B, The Point at Ridge Harbor. (Dockery)

24. Discussion and/or action concerning the replat of Lots 53 and 54, Clearwater Landing at LBJ III, Phase 2, Plat No. 2.15 to be known as Clearwater Landing at LBJ III, Phase 2, Plat No. 2.17,0.26 acres, out of the William Simmons Survey No. 121, Abstract No. 777, Burnet County, Texas. The owner is proposing to extend both lots to allow for the construction of swimming pools. (Luther)

25. Discussion and/or action concerning the preliminary plat approval for Big Creek Ranch, a private subdivision consisting of 229 lots on 921+/-acres out of the W.J. Weiling Survey, Abstract No. 980 located in the 200 block of Cedar Ridge Trail. (Luther)

26. Discussion and/or action concerning preliminary plat of 948.29 acres out of the W.J. Weiling Survey, Abstract No. 980, and others, Burnet County, Texas to be known as Big Creek Ranch. (Luther)

27. Discussion and/or action concerning Burn Ban for the unincorporated areas of Burnet County. (Oakley)

28. Discussion and/or action concerning expenditures from the Capital Credit restricted fund for park improvements at 8160 US 281. (Oakley)

29. Discussion and/or action regarding the allocation of $10,000 for Marble Falls downtown permanent string lighting for extended hours of retail operation from the Capital Credit restricted fund. (Oakley)

30. Discussion and/or action regarding updating the Personnel Policy to require that the final pay check for a departing Burnet County employee be mailed rather than sent via direct deposit. (Oakley)

31. Discussion and/or action regarding 2021 Cybersecurity Course Enrollment through TAC. (Oakley)

32. 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).

33. Reconvene in Open Session. (Oakley)

34. 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)

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

36. Acknowledgement of Receipt: (Oakley)
a. Year-end report from Marble Falls Area EMS

37. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
  1. Advertising agreement with TravelNet Solutions.
  2. Service agreement with Motorola.
  3. Sponsorship for Snow on the Square for Burnet Chamber of Commerce
  4. Agreement with Pattillo, Brown, & Hill, for auditing services.
  5. Contract labor agreement with Discount insulation to insulate the walls and roof of the Precinct 2 Barn.
  6. (7) VFD contracts: Bertram VFD, Burnet VFD, Cassie VFD, East Lake Buchanan VFD, Granite Shoals VFD, Marble Falls VFD, Oakalla VFD.
  7. Contract with Intelligent Conservation Systems, Inc.
  8. Contract with Spectrum for new EPL connection
  9. Vigilant Camera service agreement for Constables
  10. Agreement with Innovation Network Technologies

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

39. 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
40. Discussion regarding any previous agenda items.

41. Calendar Review.

42. 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 9:00 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:
Comments
There were no comments from the public.
 
Item #4:
Resolution for Grant
Williamson Burnet County Opportunities
The Court discussed a resolution to authorize the award of a FY21 county grant to Williamson Burnet County Opportunities for $10,000 which is in conjunction with the Texas Department of Agriculture Texans Feeding Texans program; and that provides home-delivered meals to homebound persons in the county who are elderly and/or have a disability.  Further, this agenda item involves taking action by Burnet County to certify approval of the accounting system or fiscal agent for this grant award.  Karin Smith, County Auditor, stated this is a renewal.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a resolution to authorize the award of a FY21 County Grant to Williamson Burnet County Opportunities for $10,000 which is in conjunction with the Texas Department of Agriculture Texans Feeding Texans program; and that provides home-delivered meals to homebound persons in the County who are elderly and/or have a disability. Further, this agenda item involves taking action by Burnet County to certify approval of the accounting system or fiscal agent for this grant award.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #5:
Certification for Grant Awarded & Paid
Williamson Burnet County Opportunities
The Court discussed the certification by Burnet County that that it has awarded and paid to Williamson Burnet County Opportunities for $10,000 which is in conjunction with Texas Department of Agriculture 2020 Texans Feeding Texans program; and that provides home-delivered meals to homebound person in the county who are elderly and/or have a disability.  Karin Smith, County Auditor, stated this is the affidavit showing it was paid for the previous year.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to move for certification that Burnet County has awarded and paid to Williamson Burnet County Opportunities $10,000, which is in conjunction with Texas Department of Agriculture 2020 Texans Feeding Texans program; and that provides home-delivered meals to homebound persons in the County who are elderly and/or have a disability.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #25:
Preliminary Plat
Big Creek Ranch
The Court discussed preliminary plat approval for Big Creek Ranch, a private subdivision consisting of 229 lots on 921+/-acres out of the W.J. Weiling Survey, Abstract No. 980 located in the 200 block of Cedar Ridge Trail. 
 
Bruce Jackson, President of Mill Creek Ranch POA, addressed the Court regarding concerns of damage to roads during development of Big Creek Ranch and additional traffic once construction is completed.  Currently, the road is privately maintained by the Mill Creek Ranch POA.  Mill Creek Ranch is requesting approval be deferred, delayed or denied until there are assurances that Big Creek Ranch will participate in the maintenance of the roads.  Additionally, the preliminary plat submitted overlaps the Mill Creek Ranch subdivision by approximately 25 acres.  Marianne Atwood, property owner in Mill Creek Ranch, is questioning two lots indicated on the plat are part of the Mill Creek Ranch subdivision. 
 
Comm. Dockery inquired if Mill Creek Ranch has reached out to Big Creek Ranch regarding the matter.  Mr. Jackson stated that both the Developer and the POA have acknowledged they have an obligation to assist in maintaining the road, but there is nothing in writing or firm commitment.  He also stated the amounts discussed are not sufficient. 

Earl Sullivan, Developer at Big Creek Ranch, stated access through Mill Creek Ranch was deeded through a previous development.  They are aware of maintenance requirements on the road, which they intend to establish an agreement between Mill Creek Ranch and Big Creek Ranch.  Funds have been budgeted for repairs caused by damage due to construction traffic. Regarding the two lots shown on the preliminary plat, there has been discussion about removing them from Mill Creek Ranch making them only part of Big Creek Ranch.  The developer plans to move forward with construction.  With regard to maintenance of the roads, he is confident both parties will come to an agreement, but at this point the impact to the road is unknown.

Herb Darling, Development Services, said as this is a preliminary plat, he asks the Court to consider it as the developer has their plan and wants to move forward.  However, he would encourage the Court to withhold any final approval until an agreement is made between Mill Creek Ranch POA and the developer.

Judge Oakley explained the purview of the Court is to make sure the item has legal access.  The developer has met all the legal thresholds required.  Any action today does not guarantee any future action.  It just makes it public.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to move for approval of the preliminary plat, noting it is not the final plat.

Susan Nye, property owner in Mill Creek Ranch, commented the two lots in Old Mill Creek, Section 1 on the preliminary plat show them to be re-platted even though in the by-laws it states no lots shall be re-platted.   If this preliminary plat goes forward, it will have changed the shape of the lots.  Comm. Dockery stated he is not comfortable approving a preliminary plat including the two lots which are not part of the subdivision.  Mr. Darling said they could do a cancellation on those two tracts, which would need to be done prior to the final plat.  Comm. Dockery stated the cancellation of the two lots should occur before and there should be an agreement with Mill Creek before Big Creek Ranch can include them in their subdivision.  Judge Oakley, agreed this to be a valid point, especially if the deed restrictions do not allow for it.  Comm. Luther asked if the Court can legally deny the request on those grounds.  Eddie Arredondo, County Attorney, stated if the preliminary plat does not include those two lots, he would say it is ok to move forward.  However, this specific preliminary plat has conflicting boundaries.  To give preliminary approval, knowing there is a boundary issue, is not correct.

Commissioner Precinct 1 Jim Luther, Jr rescinded his motion and Commissioner Precinct 3 Billy Wall rescinded his second until the issue with the lots is resolved.

The Court took no action on this agenda item.
 
Item #20:
Final Plat
River Hills Ranches, Phase III
The Court discussed the “Final Plat of River Hills Ranches, Phase Three, A Private Subdivision, 114.83 acres out of the J.N. Ethridge Survey, Abstract No. 1484,54.56 Acres out of the E.S. Ethridge Survey, Abstract No. 1485, Lampasas and Burnet County, Texas” consisting of 15 Ranches in Burnet and Lampasas County, Texas and creating a total of 2,215 feet of private roads consisting of 1,469 feet in Burnet County.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the “Final Plat of River Hills Ranches, Phase Three, A Private Subdivision, 114.83 acres out of the J.N. Ethridge Survey, Abstract No. 1484, 54.56 Acres out of the E.S. Ethridge Survey, Abstract No. 1485, Lampasas and Burnet County, Texas” consisting of 15 Ranches in Burnet and Lampasas County, Texas and creating a total of 2,215 feet of private roads consisting of 1,469 feet in Burnet County.

Vote: 5 - 0 Passed - Unanimously

 
Item #35:
Department Updates
Doug Ferguson, Elections Administrator, gave an update on the Election.  As of this morning, 51% of registered voters have voted.  
 
Item #6:
Presentation
CAMPO & TXDOT
The Court heard presentations from Ashby Johnson, Executive Director of the Capital Area Metropolitan Planning Organization (CAMPO), Tucker Ferguson, District Engineer, and Cathy Kratz, Area Engineer, for Texas Department of Transportation, on current and potential future highway projects.

Ashby Johnson explained the CAMPO Policy Board was asked by TXDOT Transportation Commission to defer 636 million dollars’ worth of projects out of the funded short range plan.  Projects in Burnet County were deferred until funding becomes available again.  It is anticipated funding will be available from Federal and State funds to resume projects in 2022.

Tucker Ferguson discussed the four projects in Burnet County which were funded for construction.  Of the four projects, only the project to widen State Hwy 71 from Spur 191 to the Blanco County line was selected to be maintained and is scheduled for September 2021.  The remaining three projects were moved to the deferred list.  This included the following projects: US 281 at RM 1431, SH 29 from RM 243 North to Williamson County Line, and US 281 from SH 71 to Blanco County Line.  No date has been set for when these projects will begin.  Once State and Federal funding resume, they will begin the prioritization process with CAMPO and the six counties to prioritize projects.  Currently, there are six construction projects underway.  Cathy Kratz gave an update on current construction projects.

Ashby Johnson gave an update on the CAMPO 2020 Burnet County Transportation plan.  The document is to be reviewed for items which need to be added or omitted.  Once it has been finalized, it will be brought back to Court.  Lastly, Mr. Johnson submitted a diagram on CAMPO’s Planning and Implementation Process. 
Attachments:
 
The Court recessed at 10:25 a.m.

The Court reconvened at 10:30 a.m.
 
Item #29:
Capital Credit Restricted Funds
Marble Falls Downtown String Lighting
The Court discussed the allocation of $10,000 for Marble Falls downtown permanent string lighting for extended hours of retail operation from the Capital Credit restricted fund.  Judge Oakley stated this project is designed to enhance economic development and qualifies for use of Capital Credit expenditures.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the allocation of $10,000 for Marble Falls downtown permanent string lighting for extended hours of retail operation from the Capital Credit restricted fund.

Vote: 5 - 0 Passed - Unanimously

 
Item #28:
Capital Credit Restricted Funds
Park Improvements 8160 US 281
The Court discussed using expenditures from the Capital Credit restricted fund for park improvements at 8160 US 281.  The estimated cost is approximately $30,000.00.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve using expenditures from the Capital Credit restricted fund for park improvements at 8160 US 281.

Vote: 5 - 0 Passed - Unanimously

 
Item #37:
Contracts, Agreements, or Grants
to be Approved or Ratified
The Court discussed the advertising agreement with TravelNet Solutions; Service agreement with Motorola; Sponsorship for Snow on the Square for Burnet Chamber of Commerce; Agreement with Pattillo, Brown, & Hill, for auditing services; Contract labor agreement with Discount insulation to insulate the walls and roof of the Precinct 2 Barn; (7) VFD contracts: Bertram VFD, Burnet VFD, Cassie VFD, East Lake Buchanan VFD, Granite Shoals VFD, Marble Falls VFD, Oakalla VFD; Contract with Intelligent Conservation Systems, Inc; Contract with Spectrum for new EPL connection; Vigilant Camera service agreement for Constables; and Agreement with Innovation Network Technologies.

Karin Smith, County Auditor, stated item 37.i Vigilant Camera Service Agreement for Constables is being requested out of JP Technology funds. Comm. Dockery asked if this is for the agreement with Vigilant for license plate readers, which will also benefit the auto theft task force. Ms. Smith answered yes, one is a renewal for $2,250.00 which benefits the Constables and Auto Task Force.  There is also one for a new camera with the option for a year of service for $4,250 or for six months at the price of $2125.00.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the advertising agreement with TravelNet Solutions; Service agreement with Motorola; Sponsorship for Snow on the Square for Burnet Chamber of Commerce; Agreement with Pattillo, Brown, & Hill, for auditing services; Contract labor agreement with Discount insulation to insulate the walls and roof of the Precinct 2 Barn; (7) VFD contracts: Bertram VFD, Burnet VFD, Cassie VFD, East Lake Buchanan VFD, Granite Shoals VFD, Marble Falls VFD, Oakalla VFD; Contract with Intelligent Conservation Systems, Inc; Contract with Spectrum for new EPL connection; Vigilant Camera service agreement for Constables; and Agreement with Innovation Network Technologies.

Vote: 5 - 0 Passed - Unanimously

Ms. Smith asked for clarification if the court was selecting the annual or six-month contract on the new camera.  Comm. Dockery confirmed selection is for the annual contract.
Attachments:
 
Item #39:
Consent Agenda
The Court discussed item #39a of the Consent Agenda.  Judge Oakley explained this is a special personnel action form for the maintenance technician.  
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve personnel action form for Classification Clarification for Maintenance Technician.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Obstruction
County Road 410B
The Court discussed authorizing County Attorney to file affidavit to counter adverse possession claim on a portion of CR 410B (A.K.A. Ridge Drive) plus granting authority to Commissioner Joe Don Dockery to remove obstructions placed upon County Road 410B (A.K.A. Ridge Drive) pursuant to 251.003, 251.008 and 251.016 of the Texas Transportation Code, and authorizing steps necessary to enforce Section 42.03, Texas Penal code, regarding obstruction to public right-of-way or passageway.  Eddie Arredondo, County Attorney, asked Judge Oakley to abstain from the vote as he is a resident in the neighborhood.  An individual is claiming a portion of County Road 410B belongs to him.  Mr. Johnny Burkett Jr. has filed a notice stating he has adverse possession of this property.  Mr. Arredondo has prepared an affidavit, contesting this fact, explaining the history of the road to be filed in the Burnet County Real Property Records.  Mr. Arredondo has prepared an Order to remove obstructions.  If Commissioners Court approves this Order, it is to be posted at the Courthouse and CR 410B.  The individual will have 30 days to comply.  If Mr. Burkett Jr. does not comply, he is subject to contempt of Commissioners Court.  The Order also gives authority to the County Commissioner to remove items from CR 410B. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to authorize County Attorney, Eddie Arredondo, to file an affidavit to counter adverse possession claim on a portion of CR 410B (A.K.A. Ridge Drive) plus granting authority to Commissioner Joe Don Dockery to remove obstructions placed upon County Road 410B (A.K.A. Ridge Drive) pursuant to 251.003, 251.008 and 251.016 of the Texas Transportation Code, and authorizing steps necessary to enforce Section 42.03, Texas Penal code, regarding obstruction to public right-of-way or passageway.

Vote: 4 - 0 Passed

Other:
County Judge James Oakley (Abstain)
Attachments:
 
Item #27:
Burn Ban
Unincorporated Areas
of Burnet County
The court took no action on this item.
 
Judge Oakley is absent from the meeting at 10:40 a.m.

Commissioner Dockery will preside over the meeting.
 
Item # 25:
Preliminary Plat
Big Creek Ranch
The Court continued discussion on preliminary plat approval for Big Creek Ranch, a private subdivision consisting of 229 lots on 921+/-acres out of the W.J. Weiling Survey, Abstract No. 980 located in the 200 block of Cedar Ridge Trail.  A corrected drawing has been submitted to Court, which both Mill Creek Ranch representative and Big Creek Ranch have seen.  The two lots are shown to be in the Mill Creek Ranch Subdivision and not a part of the preliminary plat.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the preliminary plat approval for Big Creek Ranch, a private subdivision consisting of 229 lots on 921+/-acres out of the W.J. Weiling Survey, Abstract No. 980 located in the 200 block of Cedar Ridge Trail, with the caveat that the two lots are not included in the subdivision.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
Herb Darling, Development Services, advised the Court before this item is brought back for final approval, the parties intend to have an agreement for maintenance of the roads.
Attachments:
 
Item #24:
Replat
Clearwater Landing at LBJ III,
Phase 2
The Court discussed the replat of Lots 53 and 54, Clearwater Landing at LBJ III, Phase 2, Plat No. 2.15 to be known as Clearwater Landing at LBJ III, Phase 2, Plat No. 2.17,0.26 acres, out of the William Simmons Survey No. 121, Abstract No. 777, Burnet County, Texas. The owner is proposing to extend both lots to allow for the construction of swimming pools.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Lots 53 and 54, Clearwater Landing at LBJ III, Phase 2, Plat No. 2.15 to be known as Clearwater Landing at LBJ III, Phase 2, Plat No. 2.17,0.26 acres, out of the William Simmons Survey No. 121, Abstract No. 777, Burnet County, Texas.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
Attachments:
 
Item #21:
Replat
Windermere Oaks
The Court discussed the replat of Lots 14 & 15, Windermere Oaks, 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. To be known as Lot 14-A, Windermere Oaks.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of Lots 14 & 15, Windermere Oaks, 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. To be known as Lot 14-A, Windermere Oaks.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
Attachments:
 
Item #22:
Replat
Council Creek South,
Unit 2
The Court discussed the replat of Lots K, L,&M Council Creek South, Unit 2 as shown on Plat Recorded in cabinet 1, slide 58B, Plat records Burnet County, Texas. To be known as Lot L-A. Council Creek South, Unit 2.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve replat of Lots K, L, & M Council Creek South, Unit 2 as shown on Plat Recorded in Cabinet 1, Slide 58B, Plat records Burnet County, Texas. To be known as Lot L-A. Council Creek South, Unit 2.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
Attachments:
 
Item #23:
Replat
The Point at Ridge Harbor
The Court discussed the replat of Lots 96 & 97, block B, The Point at Ridge Harbor, a subdivision located in Burnet County, Texas as shown on plat recorded in cabinet 2, slide 64-D of the plat records of Burnet County, Texas. To be known as Lot 96-A, block B, The Point at Ridge Harbor.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of Lots 96 & 97, Block B, The Point at Ridge Harbor, a subdivision located in Burnet County, Texas as shown on Plat recorded in Cabinet 2, Slide 64-D of the Plat records of Burnet County, Texas. To be known as Lot 96-A, Block B, The Point at Ridge Harbor.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
Attachments:
 
Item #26:
Preliminary Plat
Big Creek Ranch
This a duplicate of Item #25.  The Court took no action.
 
Item #19:
Variance
Burnet County Subdivision Regulations
The Court discussed a request for a variance from the Burnet County Subdivision Regulations by Phillips Management Trust for a 2 acre tract out of a 95.5 acre tract located at 2180 CR 337.
 

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 Regulations by Phillips Management Trust for a 2 acre tract out of a 95.5 acre tract located at 2180 CR 337.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
Attachments:
 
Item #35:
Department Updates
Herb Darling, Development Services, informed the Court of LCRA adding a floodway to Inks Lake.  His office has been responding to property owner's inquiries as it created a floodplain affecting the Willows subdivision.  Currently, there is a lot of activity on the development side.  Building permit requests continue to increase.
 
Item #30:
Updating Personnel Policy
Final Paycheck
The Court discussed updating the Personnel Policy to require that the final pay check for a departing Burnet County employee be mailed rather than sent via direct deposit.  Sara Ann Luther, Human Resources Director, is asking to remove the stipulation from the personnel policy.  Instead, the policy would return to allowing a final check to be direct deposited, unless an employee is requesting it to be mailed.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve updating the Personnel Policy to require the final paycheck for a departing Burnet County employee may be issued via direct deposit or by mail if requested.

After further discussion, Commissioner Precinct 3 Billy Wall rescinded his motion and Commissioner Precinct 2 Damon Beierle rescinded his second.

No action was taken. Ms. Luther will return with a copy of the personnel policy.

Other:
County Judge James Oakley (Absent)
 
Item #31:
Cybersecurity Course Enrollment
The Court discussed the 2021 Cybersecurity Course Enrollment through TAC.  This renewal will be completed through Texas Association of Counties (TAC) and there is no additional charge.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the renewal with Texas Association of Counties (TAC) for the 2021 Cybersecurity Course Enrollment.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
 
Item #7:
Environmental Deputy Grant
The Court discussed approval to accept Environmental Deputy grant from the Governor’s Office Justice Assistance Grant Program. Total award: $63,570.76. No match is required, however this is partial funding for salary and benefits only.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to accept the Environmental Deputy Grant from the Governor’s Office Justice Assistance Grant Program. Total award is for $63,570.76. No match is required, however this is partial funding for salary and benefits only.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
 
Item #8:
Disaster Response
Trailer Grant
The Court discussed approval to accept Burnet County Citizen Corps Program – Disaster Response Trailer grant from the Homeland Security Grant Program. Total award: $30,017.00. No match is required.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept the Burnet County Citizen Corps Program – Disaster Response Trailer Grant from the Homeland Security Grant Program. Total award is for $30,017.00. No match is required.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
 
Item #9:
33rd/ 424th Drug Court Grant
The Court discussed approval to accept 33rd/424th Drug Court grant from the Governor’s Office State Criminal Justice Planning Fund, Specialty Courts. Total award: $87,109.00. No match required.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept 33rd/424th Drug Court Grant from the Governor’s Office State Criminal Justice Planning Fund, Specialty Courts. Total award is for $87,109.00. No match required.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
 
Item #10:
Coronavirus Emergency
Supplement Funding Program
The Court discussed approval to accept the Coronavirus Emergency Supplement Funding program (CESF) from the Office of the Governor, Public Safety Office, Criminal Justice Division for funds to help prevent, prepare for and respond to the coronavirus pandemic. Total award: $243,111.88. No match is required.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the Coronavirus Emergency Supplement Funding program (CESF) from the Office of the Governor, Public Safety Office, Criminal Justice Division for funds to help prevent, prepare for and respond to the coronavirus pandemic. Total award is for $243,111.88. No match is required.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
 
Item #11:
General Library
Improvement Grant
The Court discussed approval to apply for a General Library Improvement Grant through the Tocker Foundation for catalog stations at the Marble Falls Public Library.  Deadline is January 15, 2021. Application will be for approximately $16,000.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to apply for a General Library Improvement Grant through the Tocker Foundation for catalog stations at the Marble Falls Public Library. Deadline is January 15, 2021. Application will be for approximately $16,000.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
 
Item #12:
Loleta D Fyan Grant
The Court discussed approval to apply for a Loleta D. Fyan Grant through the American Library Association for patron stations at the Marble Falls Public Library. Maximum application is $5,000. Deadline is 2.1/2021.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to apply for a Loleta D. Fyan Grant through the American Library Association for patron stations at the Marble Falls Public Library. Maximum application is $5,000.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
 
Item #13:
Resignation
Burnet County ESD 1
The Court discussed the resignation of J.J. Guy from the Burnet County ESD #1 board.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept the resignation of J.J. Guy from the Burnet County ESD #1 board.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
 
Item #14:
Appointment
Burnet County ESD 1
The Court discussed the appointment of Greg Spence to Burnet County ESD #1 board.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the appointment of Greg Spence to Burnet County ESD #1 board.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
Attachments:
 
Item #15:
Action/ Discussion
COVID-19 Virus
The Court received a quote from Buyers Barricades for three smaller versions of electronic message boards.  These boards will be used for COVID-19 testing The quote is for $46,950 for three boards.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the purchase from Buyers Barricades for 3 electric message boards in the amount of $46,950 from CARES Act funding.

Other:
County Judge James Oakley (Absent)
Karin Smith, County Auditor, received a request from Intermediate Sanction Facility (ISF) for temperature scanners not to exceed $5,000.00.  There is also a request for crowd control barriers for Election locations.  

After further discussion, Commissioner Precinct 1 Jim Luther rescinded his motion and Commissioner Precinct 2 Damon Beierle rescinded his second.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the purchase from Buyers Barricades for 3 electric message boards in the amount of $46,950 , temperature scanners for ISF not to exceed $5,000.00, and crowd control barriers from CARES Act funding.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
 
Item #16:
Donations Precinct 4
Thanksgiving Luncheon
The Court discussed the acceptance of donations for Precinct 4’s annual Thanksgiving luncheon.  They have received donations in the amount of $15,010.00.  
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to accept donations for Precinct 4 annual Thanksgiving luncheon in the amount of $15,010.00.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
 
Item #17:
Bulletproof Vests
Partnership Program
The Court discussed approval to accept grant award from the Bulletproof Vests Partnership Program through the Office of Justice Programs at the Department of Justice. Amount: $6,127. Requires 100% match.  Vests will be for the Sheriff's Office.  Three Constables received new vests the previous year and Constable Leake is not requesting a vest at this time.  The match was included in the budget.  
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the grant award from the Bulletproof Vests Partnership Program through the Office of Justice Programs at the Department of Justice. The amount is for $6,127 and requires a 100% match.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
 
Item #32:
Executive Session
The Court took no action on this agenda item.
 
Item #33:
Executive Session
The Court took no action on this agenda item.
 
Item #33:
Executive Session
The Court took no action on this agenda item.
 
Item #36:
Acknowledgement of Receipt
The Court discussed receipt of the Year-end report from Marble Falls Area EMS and MIS Monthly Summary report for October 1, 2019 - August 31, 2020.  
Attachments:
 
Item #38:
Call for Bids
Requests for Proposals/ Qualifications
The Court took no action on this agenda item.
 
Item #39:
Consent Agenda
The Court discussed the Consent Agenda.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to accept the consent agenda in its entirety.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
Attachments:
 
Item #40:
Previous Agenda Items
The Court took no action on this agenda item.
 
Item #41:
Calendar Review
The Court discussed Calendar Review.
 
The Court recessed at 11:25 a.m.

The Court reconvened at 11:29 a.m.
 
Item #30:
Updating Personnel Policy
Final Paycheck
The Court continued discussion regarding updating the Personnel Policy to require that the final pay check for a departing Burnet County employees be mailed rather than sent via direct deposit.  Sara Ann Luther, Human Resources Director, requests the statement "All final paychecks will be issued in physical form" be removed from the Personnel Policy.  Final checks can be issued by direct deposit or mailed at the employees request.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to remove, "All final paychecks will be issued in physical form" from the proposed language of the Personnel Policy.

Vote: 4 - 0 Passed - Unanimously

Other:
County Judge James Oakley (Absent)
Attachments:
 
Item # :
Adjournment
As there was no further business to discuss, the Court adjourned at 11:35 a.m.