The State of Texas {}
County of Burnet {} On this the 10th day of November 2020, the Burnet County Commissioners Court met in regular session. The following members of the court were present:
County of Burnet {} On this the 10th day of November 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; Joan Fisher, Account Manager; 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, November 10, 2020 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas
1. Call to Order
2. Invocation and Pledge of Allegiance to the flags.
3. Public Comments. Any person with business before the Commissioner’s Court not scheduled on the agenda may speak to the Court. No formal action can be taken on these items at this meeting. Comments regarding specific agenda items should occur when the item is called. There is a 2 minute speaking limit.
4. Presentation from local representatives of Department of Public Safety regarding interaction with Burnet Co. citizens and services performed within Burnet Co. (Oakley)
5. Presentation from Community Resource Centers of Texas Inc. of Burnet County Declared Disaster Relief fund donations and Burnet County Citizen Fund assistance distribution. (Oakley)
6. Discussion and/or action regarding to approve work order No. 18-132A for survey work to be done between RM 1980 and CR 120. (Luther)
7. Discussion and/or action regarding public hearing concerning a Replat of Lot 39 of The Place, Section Two, to be known as “A Replat of Lot 39, The Place, Section Two, Burnet County, Texas” followed by discussion and action on same. (Dockery)
8. Discussion and/or action concerning amending the final plat of Miller Creek, Ranch, Phase 2, pursuant of Texas Local Government Code 232.011(2), to add a course or distance that was omitted on the preceding plat. (Beierle)
9. Discussion and/or action regarding concerning a Replat of lots 13A and 13B, Campa Pajama Addition, to be known as lots 13C and 13D, Campa Pajama Addition. (Luther)
10. Discussion and/or action concerning the release of Subdivision Completion Bond #4438076 in the amount of $1,315,236.32 and the acceptance of Subdivision Completion Bond #4438076 in the amount of $1,126,639.26. A portion of the originally bonded area extended beyond Burnet County boundaries. (Beierle)
11. Discussion and/or action concerning the release of Cash Bond #CB-20-8-25-1 in the amount of $175,078.75 (85%) and retaining $30,896.25 for a period of 2 years from this date as the maintenance portion of the bond per the cash bond agreement (Beierle)
12. Discussion and/or action concerning the approval of a Manufactured Housing Rental Community plan located at approximately 4100 CR 211. (Beierle)
13. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
14. 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).
15. Reconvene in Open Session. (Oakley)
16. 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)
17. Discussion and/or action regarding Department Updates: (Oakley)
18. Acknowledgement of Receipt: (Oakley)
19. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
20. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)
23. Calendar Review.
24. Adjournment.
James Oakley, Burnet County Judge
Reviewed by: Eddie Arredondo, County Attorney
The Commissioners' Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney) 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations)Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues). Compliance with the Americans with Disabilities Act, Burnet County will provide for reasonable accommodations for persons attending Commissioners' Court. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Ms. Stephanie McCormick, Commissioners’ Court Coordinator, at (512) 715-5276. Please note, the location of the meeting is subject to change based upon availability of the Courtroom. If meeting location is changed, notice at the above meeting location shall be posted to ensure public access to meeting is granted.
REGULAR MEETING DATE: Tuesday, November 10, 2020 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas
1. Call to Order
2. Invocation and Pledge of Allegiance to the flags.
3. Public Comments. Any person with business before the Commissioner’s Court not scheduled on the agenda may speak to the Court. No formal action can be taken on these items at this meeting. Comments regarding specific agenda items should occur when the item is called. There is a 2 minute speaking limit.
4. Presentation from local representatives of Department of Public Safety regarding interaction with Burnet Co. citizens and services performed within Burnet Co. (Oakley)
5. Presentation from Community Resource Centers of Texas Inc. of Burnet County Declared Disaster Relief fund donations and Burnet County Citizen Fund assistance distribution. (Oakley)
6. Discussion and/or action regarding to approve work order No. 18-132A for survey work to be done between RM 1980 and CR 120. (Luther)
7. Discussion and/or action regarding public hearing concerning a Replat of Lot 39 of The Place, Section Two, to be known as “A Replat of Lot 39, The Place, Section Two, Burnet County, Texas” followed by discussion and action on same. (Dockery)
8. Discussion and/or action concerning amending the final plat of Miller Creek, Ranch, Phase 2, pursuant of Texas Local Government Code 232.011(2), to add a course or distance that was omitted on the preceding plat. (Beierle)
9. Discussion and/or action regarding concerning a Replat of lots 13A and 13B, Campa Pajama Addition, to be known as lots 13C and 13D, Campa Pajama Addition. (Luther)
10. Discussion and/or action concerning the release of Subdivision Completion Bond #4438076 in the amount of $1,315,236.32 and the acceptance of Subdivision Completion Bond #4438076 in the amount of $1,126,639.26. A portion of the originally bonded area extended beyond Burnet County boundaries. (Beierle)
11. Discussion and/or action concerning the release of Cash Bond #CB-20-8-25-1 in the amount of $175,078.75 (85%) and retaining $30,896.25 for a period of 2 years from this date as the maintenance portion of the bond per the cash bond agreement (Beierle)
12. Discussion and/or action concerning the approval of a Manufactured Housing Rental Community plan located at approximately 4100 CR 211. (Beierle)
13. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
14. 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).
15. Reconvene in Open Session. (Oakley)
16. 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)
17. Discussion and/or action regarding Department Updates: (Oakley)
18. Acknowledgement of Receipt: (Oakley)
19. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
- Contract with JWC Construction for the renovation project at the jail.
- Interlocal Cooperation Contract between the Inspector General’s Office and the DA’s Office.
20. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)
- Bid for a bucket truck as a common road and bridge equipment. Funded by equal allocations of 2020 tax note funds from each precinct, not to exceed $25,000 per precinct.
- 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.
23. Calendar Review.
24. 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
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
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
Comments
There were no comments from the public.
Comm. Beierle gave an update on two Oakalla VFD firefighters who were injured responding to a fire. One firefighter is recovering at home. The other remains hospitalized.
Comm. Beierle gave an update on two Oakalla VFD firefighters who were injured responding to a fire. One firefighter is recovering at home. The other remains hospitalized.
Item #5:
Presentation
Community Resource
Centers of Texas Inc.
Presentation
Community Resource
Centers of Texas Inc.
The Court heard a presentation from Donna Klaeger regarding the Community Resource Centers of Texas Inc. of Burnet County Declared Disaster Relief fund donations and Burnet County Citizen Fund assistance distribution. They were able to assist individuals and their families throughout the Burnet County Community affected by COVID-19.
Attachments:
Item #17:
Department Updates
Department Updates
Doug Ferguson, Elections Administrator, reported on the November 2020 election. Mr. Ferguson thanked the Court for their assistance during the election. The Vote Centers were successful. Each polling location reported voters who voted outside their precinct. Judge Oakley suggested Polling locations be evaluated for adjustments needed before the next election.
Attachments:
Item #13:
Action/ Discussion
COVID-19 Virus
Action/ Discussion
COVID-19 Virus
The Court discussed the use of COVID funds to purchase an enclosed trailer. This will provide for transport of voting equipment. Karin Smith, County Auditor, stated funds are available specifically for the Elections Department. This purchase would be eligible from those funds. No Court action is necessary. Ms. Smith will submit a PO4 for this purchase.
Item #12:
Manufactured Housing
Rental Community
Manufactured Housing
Rental Community
The Court discussed the approval of a Manufactured Housing Rental Community plan located at approximately 4100 CR 211. Herb Darling, Development Services, received a proposal from Darrell Combs to develop a Manufactured Housing and Residential Construction (MHRC) Community. The statute gives the Court authority to adopt guidelines for MHRC's, however per the statute, it may not request a plat. It can only request his plans. Mr. Combs is asking for the Court's blessing to move forward.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve a Manufactured Housing Rental Community plan located at approximately 4100 CR 211.
Vote: 5 - 0 Passed - Unanimously
Judge Oakley inquired if there is a document for the Court to sign. Mr. Darling will provide copies of the proposal submitted by Mr. Combs and prepare an Order for the Court to sign.
Attachments:
Item # 6:
Survey Work on
RM 1980 & CR 120
Survey Work on
RM 1980 & CR 120
The Court discussed approval for work order No. 18-132A for survey work to be done between RM 1980 and CR 120.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve work order No. 18-132A for survey work to be done between RM 1980 and CR 120.
Vote: 5 - 0 Passed - Unanimously
Attachments:
Item #7:
Replat
The Place, Section Two
Replat
The Place, Section Two
The Court held a public hearing concerning a Replat of Lot 39 of The Place, Section Two, to be known as “A Replat of Lot 39, The Place, Section Two, Burnet County, Texas” followed by discussion and action on same.
Comm. Luther is absent from the meeting.
Comm. Luther is absent from the meeting.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a Replat of Lot 39 of The Place, Section Two, to be known as “A Replat of Lot 39, The Place, Section Two, Burnet County, Texas.”
Vote: 4 - 0 Passed - Unanimously
- Other:
-
Commissioner Precinct 1 Jim Luther, Jr. (Absent)
Attachments:
Item #8:
Final Plat
Miller Creek Ranch, Phase 2
Final Plat
Miller Creek Ranch, Phase 2
Comm. Luther is present.
The Court discussed amending the final plat of Miller Creek, Ranch, Phase 2, pursuant of Texas Local Government Code 232.011(2), to add a course or distance that was omitted on the preceding plat.
The Court discussed amending the final plat of Miller Creek, Ranch, Phase 2, pursuant of Texas Local Government Code 232.011(2), to add a course or distance that was omitted on the preceding plat.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to amend the final plat of Miller Creek Ranch, Phase 2, pursuant of Texas Local Government Code 232.011(2), to add a course or distance that was omitted on the preceding plat.
Vote: 5 - 0 Passed - Unanimously
Item #9:
Replat
Campa Pajama Addition
Replat
Campa Pajama Addition
The Court discussed a Replat of Lots 13A and 13B, Campa Pajama Addition, to be known as Lots 13C and 13D, Campa Pajama Addition.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a Replat of lots 13A and 13B, Campa Pajama Addition, to be known as lots 13C and 13D, Campa Pajama Addition.
Vote: 5 - 0 Passed - Unanimously
Attachments:
Item #10:
Release/Acceptance
Subdivision Completion Bond
River Hills Ranch
Release/Acceptance
Subdivision Completion Bond
River Hills Ranch
The Court discussed the release of Subdivision Completion Bond #4438076 in the amount of $1,315,236.32 and the acceptance of Subdivision Completion Bond #4438076 in the amount of $1,126,639.26. A portion of the originally bonded area extended beyond Burnet County boundaries. Herb Darling, Development Services, clarified this pertains to River Hills Ranch.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Subdivision Completion Bond #4438076 in the amount of $1,315,236.32 and the acceptance of Subdivision Completion Bond #4438076 in the amount of $1,126,639.26. A portion of the originally bonded area extended beyond Burnet County boundaries.
Vote: 5 - 0 Passed - Unanimously
Attachments:
Item #11:
Release Cash Bond
Hurst Place, Phase Two
Release Cash Bond
Hurst Place, Phase Two
The Court discussed the release of Cash Bond #CB-20-8-25-1 in the amount of $175,078.75 (85%) and retaining $30,896.25 for a period of 2 years from this date as the maintenance portion of the bond per the cash bond agreement. Herb Darling, Development Services, clarified this is for Hurst Place, Phase Two.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Cash Bond #CB-20-8-25-1 in the amount of $175,078.75 (85%) and retaining $30,896.25 for a period of 2 years from this date as the maintenance portion of the bond per the cash bond agreement for Hurst Place, Phase Two.
Vote: 5 - 0 Passed - Unanimously
Attachments:
Item #13:
Action/Discussion
COVID-19 Virus
Action/Discussion
COVID-19 Virus
The Court discussed topics related to the COVID-19 Virus. The Auditor's office has a deadline of November 13, 2020 to submit paperwork and information to the State. The Auditor's office is currently under construction using COVID funds.
Judge Oakley updated the Court on the latest numbers provided by the State Health Department. Three weeks ago, there were 138 positive cases at the County Jail. As those cases were just reported, the State reporting system lists them as active, regardless of whether they are recovered at the time of the report. This resulted in the large increase of active cases. As far as deactivating those cases, the State assumes after a certain number days, they are recovered. Initially, recoveries were based on contact tracing. As the amount of positive cases increased, it became difficult to continue contact tracing.
Judge Oakley updated the Court on the latest numbers provided by the State Health Department. Three weeks ago, there were 138 positive cases at the County Jail. As those cases were just reported, the State reporting system lists them as active, regardless of whether they are recovered at the time of the report. This resulted in the large increase of active cases. As far as deactivating those cases, the State assumes after a certain number days, they are recovered. Initially, recoveries were based on contact tracing. As the amount of positive cases increased, it became difficult to continue contact tracing.
The Court recessed at 9:55 a.m.
The Court reconvened at 10:00 a.m.
The Court reconvened at 10:00 a.m.
Item #14:
Executive Session
Executive Session
The Court took no action on this agenda item.
Item #15:
Executive Session
Executive Session
The Court took no action on this agenda item.
Item #16:
Executive Session
Executive Session
The Court took no action on this agenda item.
Item #17:
Department Updates
Department Updates
There were no additional updates.
Item #18:
Acknowledgement of Receipt
Acknowledgement of Receipt
The Court accepted the Texas Commission on Environmental Quality (TCEQ) notice on the Hines Development on Hwy 71.
Attachments:
Item #17:
Department Updates
Department Updates
Judge Oakley gave an update on the Maintenance Department. They continue to work with Marble Falls Glass and Mirror for improvements to offices within the County. Updates continue in the County Attorney, District Clerk, County Auditor's offices and the Dispatch area at the Sheriff's Department. Once work is completed in those offices, they will continue work on the Burnet Historic Jail project.
Item #19:
Contracts, Agreements, or Grants
to be Approved or Ratified
Contracts, Agreements, or Grants
to be Approved or Ratified
The Court discussed the Contract with JWC Construction for the renovation project at the jail and an Interlocal Cooperation Contract between the Inspector General’s Office and the DA’s Office. Karin Smith, County Auditor, stated item a. is for the renovation project at the jail. The Court is awarding the bid and signing the contract. Item b. would allow for the District Attorney's office to sign the contract. An additional contract was added. Item c. renewal of the 2021 Burnet County Indigent Defense Grant Program.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Contract with JWC Construction for the renovation project at the jail; Interlocal Cooperation Contract between the Inspector General’s Office and the DA’s Office; and a renewal of the 2021 Burnet County Indigent Defense Grant Program.
Vote: 5 - 0 Passed - Unanimously
Attachments:
Item #20:
Call for Bids
Requests for Proposals/ Qualifications
Call for Bids
Requests for Proposals/ Qualifications
The Court discussed a Bid for a bucket truck as a common road and bridge equipment. Funded by equal allocations of 2020 tax note funds from each precinct, not to exceed $25,000 per precinct.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve going out for bids for a bucket truck as a common Road and Bridge equipment. Funded by equal allocations of 2020 tax note funds from each precinct, not to exceed $25,000 per precinct.
Vote: 5 - 0 Passed - Unanimously
Item #21:
Consent Agenda
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: 5 - 0 Passed - Unanimously
Attachments:
Item #22:
Previous Agenda Items
Previous Agenda Items
The Court took no action on this agenda item.
Item #23:
Calendar Review
Calendar Review
The Court took no action.
Item #17:
Department Updates
Department Updates
Herb Darling, Development Services, updated the Court on his department. The Building and Septic Permit report for October 2020 has been submitted to the Court. Virginia Castillo, 9-1-1 Addressing Coordinator, will be retiring in December.
Comm. Beierle informed the Court of the addition of links to each ESD's website's on the Burnet County Web Page.
Comm. Beierle informed the Court of the addition of links to each ESD's website's on the Burnet County Web Page.
Item #13:
Action/ Discussion
COVID-19 Virus
Action/ Discussion
COVID-19 Virus
Comm. Dockery updated the Court on the electronic message boards ordered. He is working with the vendor to ensure the purchase is completed within the timeframe to qualify for CARES Act funding.
Item #4:
Presentation
Department of Public Safety
Presentation
Department of Public Safety
As there were no Representatives present, no presentation was given to the Court by the Texas Department of Public Safety.
Item #22:
Previous Agenda Items
Previous Agenda Items
Judge Oakley asked Comm. Luther if he has any updates regarding Inks Lake State Park. Comm. Luther replied he had not. Judge Oakley said he would contact them to see if an update was available.
Item #23:
Calendar Review
Calendar Review
There are currently no events planned.
Item #24:
Adjournment
Adjournment
As there was no further business to discuss, the Court adjourned at 10:25 a.m.
