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Minutes for Regular Session

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The State of Texas {}
County of Burnet   {}      On this the 24th 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 24, 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. Discussion and/or action regarding a Public hearing for Burnet County voters to speak about County Wide Voting Locations (Vote Centers) (Oakley, Ferguson)

6. Discussion and/or action regarding the consideration and approval for Burnet County to request by resolution for successful status in the County Wide Voting Location Program (Vote Centers) (Oakley, Ferguson)

7. Discussion and/or action regarding vacating a portion of CR 227 at the request of Carolyn H. Young, Trustee for the estate of Jackson Barton Hopper, the sole landowner along both sides of the affected roadway. Said request was made on September 10, 2020, notice has been made to the public via posting along the affected area of the roadway plus at the Burnet County Courthouse for at least 45 days (Beierle)

8. Discussion and/or action regarding Contract with Department of Family and Protective Services for the Title IV-E Legal grant. Agreement has already been signed with Justice Benefits (Oakley/Arredondo/Smith)

9. Discussion and/or action regarding the appointment of Londa Chandler as Commissioner for ESD 6 (Luther)

10. Discussion and/or action regarding the appointment of J. Don McAlpin as Commissioner for ESD 6 (Luther)

11. Discussion and/or action concerning naming a road off CR 120 “La Lomita” for 911 addressing requirements. Located at approximately 2151 CR 120 (Luther)

12. Discussion and/or action regarding approval for Pct. 3 to remove cattle guards off of Co. Rd. 335 (John Simmons property) (Wall)

13. Discussion and/or action the Replat of Lots 493 & 494, Council Creek, Unit 2, a subdivision located in Burnet County, Texas, as shown on plat recorded in Cab. 1, Slide 25-B of the plat records of Burnet County, Texas, and two portions of Tract C, Council Creek, Unit 4, a subdivision located in Burnet County, Texas as shown on plat recorded in Cab. 1, Slide 40-A of the plat records of Burnet County, Texas (Luther)

14. Discussion and/or action regarding the “Amending Plat of Ranch 93 and Ranch 94, River Hills Ranches, Phase One, A private subdivision, Burnet County, Texas” to correct a scrivener error found in the distance on their common side line as 999.84” however, the correct distance is 999.04 (Beierle)

15. Discussion and/or action regarding a request for variance from the Burnet County Subdivision regulations by Cecil Herrin for a 3 acres +/- tract out of an 8.6 acre tract located at 545 CR 304, BCAD parcel #52199 (Wall)

16. Discussion and/or action regarding the addressing of property located at the end of CR 200C and Carson Way (Beierle)

17. Discussion and/or action regarding the Final plat of Miller Creek Ranch, Phase III, a private subdivision consisting of 9 lots on 159.14 acres located at the intersection of CR 224W and CR 225 (Beierle)

18. Discussion and/or action regarding the Replat of Lots 117-119, 7 Creeks Ranch, Phase 4, a subdivision located in Burnet County, Texas, as shown on plat recorded in doc. No. 201806157 of the Official Public Records of Burnet County, Texas (Beierle)

19. Discussion and/or action regarding the acceptance of Subdivision Completion Cash Bond # CB 20-11-24.1, in the amount of $326,424.00 for the completion of roads and drainage in Miller Creek Ranch, Phase III (Beierle)

20. Discussion and/or action regarding the release of 85% ($150,535) of Subdivision Completion Cash Bond #CB 20-8-25-1 and the retention of 15% ($26,565) for the maintenance portion for a period of 2 years from this date per attachment A of the Cash Bond Agreement. This is for roads and drainage improvements for 7 Creeks Ranch, Replat of Lots 70-76, AKA as 7 Creeks Ranch, Phase 6 (Beierle)

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

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

23. 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).

24. Reconvene in Open Session. (Oakley)

25. 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)

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

27. Acknowledgement of Receipt: (Oakley)
a. MIS Summary
b. TCEQ Notice

28. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
(Oakley)
  1. Contract with Bluebonnet Trails Community Services for psychiatric services at the Burnet County Jail
  2. Contract labor agreement with Langley Construction to insulate the walls and roof of the Pct. 2 Barn
  3. Revised Contract with ICS for the water system at the Burnet County Jail
  4. Inmate Housing agreement with Mason County
  5. Contract labor agreement with 4/S Enterprise to erect a metal cover at the shooting range
  6. Contract labor agreement with Langley Construction to clear a ROW on CR 202
  7. MOU with CAPCOG for transferring equipment purchased with grant funds

29. Call for Bids/Requests for Proposals/Qualifications. Discussion and/or action on bid/RFP openings or submitted bids. (Oakley)
  1. approval to go out for bid for RB2 to purchase a dump truck using the 2020 tax note

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

32. Calendar Review.

33. 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.  

Comm. Beierle notified the Court of Calvin Lewis passing.  Mr. Lewis was a member and volunteer of the Burnet Historic Society.
 
Item #4:
Presentation
Department of Public Safety
The Court heard a presentation from local representatives of Department of Public Safety regarding interaction with Burnet Co. citizens and services performed within Burnet County.  James Weaver, Sergeant, from the Texas Highway Patrol thanked the Court for their support of Troopers in Burnet County.
 
Item #5:
Public Hearing
County Wide Voting Locations
The Court held a Public hearing for Burnet County voters to speak regarding County Wide Voting Locations (Vote Centers), which is required to continue with this method of voting.  Judge Oakley opened the Public hearing for comments.  Judge Oakley noted three letters were received by the Court in support of Vote Centers.  Doug Ferguson, Elections Administrator, submitted additional letters to the Court also in support of Vote Centers.  Judge Oakley asked Mr. Ferguson, if he had received any negative feedback, to which he replied he had not.  Kara Chasteen, Burnet County Republican Party Chair, thanked Mr. Ferguson and his staff for their work during the election.  She stated the Vote Centers were convenient for those who work out of the area from their polling location.  Mel Hazlewood, Burnet County Democratic Party Chair, stated he appreciated the Vote Center initiative.  He is in favor of continuing with Vote Centers.  As there were no others comments from the public, Judge Oakley closed the public hearing.  
Attachments:
 
Item #6:
Resoultion by Burnet County for
County Wide Voting Locations
The Court discussed the consideration and approval for Burnet County to request by resolution for successful status in the County Wide Voting Location Program (Vote Centers).
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Burnet County to request by resolution for successful status in the County Wide Voting Location Program (Vote Centers).

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #14:
Amending Plat
River Hills Ranches, Phase I
The Court discussed “Amending Plat of Ranch 93 and Ranch 94, River Hills Ranches, Phase One, A private subdivision, Burnet County, Texas” to correct a scrivener error found in the distance on their common side line as 999.84” however, the correct distance is 999.04.  
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the “Amending Plat of Ranch 93 and Ranch 94, River Hills Ranches, Phase One, A private subdivision, Burnet County, Texas” to correct a scrivener error found in the distance on their common side line as 999.84 however, the correct distance is 999.04.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Replat
Council Creek
The Court discussed the Replat of Lots 493 & 494, Council Creek, Unit 2, a subdivision located in Burnet County, Texas, as shown on plat recorded in Cab. 1, Slide 25-B of the plat records of Burnet County, Texas, and two portions of Tract C, Council Creek, Unit 4, a subdivision located in Burnet County, Texas as shown on plat recorded in Cab. 1, Slide 40-A of the plat records of Burnet County, Texas.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the Replat of Lots 493 & 494, Council Creek, Unit 2, a subdivision located in Burnet County, Texas, as shown on Plat recorded in Cab. 1, Slide 25-B of the Plat records of Burnet County, Texas, and two portions of Tract C, Council Creek, Unit 4, a subdivision located in Burnet County, Texas as shown on Plat recorded in Cab. 1, Slide 40-A of the Plat records of Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Final Plat
Miller Creek Ranch, Phase III
The Court took no action on this agenda item.
 
Item #18:
Replat
7 Creeks Ranch, Phase 4
The Court discussed the Replat of Lots 117-119, 7 Creeks Ranch, Phase 4, a subdivision located in Burnet County, Texas, as shown on plat recorded in doc. No. 201806157 of the Official Public Records of Burnet County, Texas.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Replat of Lots 117-119, 7 Creeks Ranch, Phase 4, a subdivision located in Burnet County, Texas, as shown on Plat recorded in doc. No. 201806157 of the Official Public Records of Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Release
Subdivision Completion Cash Bond
7 Creeks Ranch, Phase 6
The Court discussed the release of 85% ($150,535) of Subdivision Completion Cash Bond #CB 20-8-25-1 and the retention of 15% ($26,565) for the maintenance portion for a period of 2 years from this date per attachment A of the Cash Bond Agreement.  This is for roads and drainage improvements for 7 Creeks Ranch, Replat of Lots 70-76, AKA as 7 Creeks Ranch, Phase 6.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of 85% ($150,535) of Subdivision Completion Cash Bond #CB 20-8-25-1 and the retention of 15% ($26,565) for the maintenance portion for a period of 2 years from this date per attachment A of the Cash Bond Agreement. This is for roads and drainage improvements for 7 Creeks Ranch, Replat of Lots 70-76, AKA as 7 Creeks Ranch, Phase 6.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #8:
Contract
Department of Family and Protective Services
Title IV-E Legal Grant
The Court discussed a Contract with Department of Family and Protective Services for the Title IV-E Legal grant.  Agreement has already been signed with Justice Benefits.  Karin Smith, County Auditor, explained this item is a reimbursement grant which will reimburse for certain legal expenditures.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Contract with Department of Family and Protective Services for the Title IV-E Legal grant.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #9:
Appointment
ESD 6
The Court discussed the appointment of Londa Chandler as Commissioner for ESD 6.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the reappointment of Londa Chandler as Commissioner for ESD 6.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Appointment
ESD 6
The Court discussed the appointment of J. Don McAlpin as Commissioner for ESD 6.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the reappointment of J. Don McAlpin as Commissioner for ESD 6.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Vacating CR 227
The Court discussed vacating a portion of CR 227 at the request of Carolyn H. Young, Trustee for the estate of Jackson Barton Hopper, the sole landowner along both sides of the affected roadway.  Said request was made on September 10, 2020, notice has been made to the public via posting along the affected area of the roadway plus at the Burnet County Courthouse for at least 45 days.  Comm. Beierle corrected the item from a "portion" to the entire road of CR 227.  Judge Oakley noted the closure of any road must be a unanimous vote.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve vacating the entire road at County Road 227 at the request of Carolyn H. Young, Trustee for the Estate of Jackson Barton Hopper, the sole landowner along both sides of the affected roadway.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #26:
Department Updates
Virginia Castillo, Coordinator Burnet County 9-1-1 Addressing, is retiring on December 4, 2020.  Herb Darling, Development Services, thanked Ms. Castillo for her service.
 
The Court recessed at 10:55 a.m.

The Court reconvened at 11:00 a.m.
 
Item #11:
Naming of Road
County Road 120
The Court discussed naming a road off CR 120 “La Lomita” for 911 addressing requirements.  Located at approximately 2151 CR 120.  
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve naming a road off CR 120 “La Lomita” for 911 addressing requirements. The road is located at approximately 2151 CR 120.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #12:
Remove Cattle Guards
County Road 335
The Court discussed approval for Pct. 3 to remove cattle guards off of Co. Rd. 335 (John Simmons property).
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve Precinct 3 to remove cattle guards off of Co. Rd. 335 (John Simmons property).

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Variance Request
Cecil Herrin
The Court discussed a request for variance from the Burnet County Subdivision regulations by Cecil Herrin for a 3 acres +/- tract out of an 8.6 acre tract located at 545 CR 304, BCAD parcel #52199.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a request for variance from the Burnet County Subdivision regulations by Cecil Herrin for a 3 acres +/- tract out of an 8.6 acre tract located at 545 CR 304, BCAD parcel #52199.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #16:
Addressing of Property
County Road 200C & Carson Way
The Court took no action on this item.
 
Item #21:
Burn Ban
Unincorporated Burnet County
The Court took no action on this agenda item.
 
Item #22:
Action/ Discussion
COVID-19 Virus
The County Auditors' office has been working to finalize COVID-19 related expenditures.  Judge Oakley stated COVID-19 cases continue to increase in the County.  He encourages the public to continue to take necessary precautions to stop the spread. 

Work continues in County offices with Marble Falls Glass and Mirror to separate employees from the public.  Most offices are completed, however work continues in the District Clerk's office.  

Judge Oakley stated Russell Sander, Marble Falls Fire Chief, continues to organize public testing.  There were 435 tests administered last Wednesday.   

Cares Act funds expenditures have been closed by the County Auditors office.  

Comm. Dockery spoke with Buyers Barricade regarding the 3 matrix signs ordered.  The signs are expected to be delivered soon.
 
Item #23:
Executive Session
The Court took no action on this agenda item.
 
Item #24:
Executive Session
The Court took no action on this agenda item.
 
Item #25:
Executive Session
The Court took no action on this agenda item.
 
Item #26:
Department Updates
Judge Oakley updated the Court on the Maintenance Department decorating the Courthouse for Christmas.  They continue to work with Marble Falls Glass and Mirror for updates to County offices, as well as working on the Dispatch office at the Sheriff Department.  Paving has been completed at the North Annex for the overflow parking.  Work on the roadside park continues.  There is a request to add a culvert to the entrance.  

Herb Darling, Development Services, reports November has not been as busy as the past months.  Development and RV Park inquiries continue.  

Eddie Arredondo, County Attorney, provided an update on his office.
 
Item #27:
Acknowledgement of Receipt
The Court accepted the MIS Summary Report and Texas Commission on Environmental Quality (TCEQ) Notice.
Attachments:
 
Item #28:
Contracts, Agreements, or Grants
to be Approved or Ratified
The Court discussed the Contract with Bluebonnet Trails Community Services for psychiatric services at the Burnet County Jail; Contract labor agreement with Langley Construction to insulate the walls and roof of the Pct. 2 Barn; Revised Contract with ICS for the water system at the Burnet County Jail; Inmate Housing agreement with Mason County; Contract labor agreement with 4/S Enterprise to erect a metal cover at the shooting range; Contract labor agreement with Langley Construction to clear a ROW on CR 202; and an MOU with CAPCOG for transferring equipment purchased with grant funds.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Contract with Bluebonnet Trails Community Services for psychiatric services at the Burnet County Jail; Contract labor agreement with Langley Construction to insulate the walls and roof of the Pct. 2 Barn; Revised Contract with ICS for the water system at the Burnet County Jail; Inmate Housing agreement with Mason County and Grayson County; Contract labor agreement with 4/S Enterprise to erect a metal cover at the shooting range; Contract labor agreement with Langley Construction to clear a ROW on CR 202; and an MOU with CAPCOG for transferring equipment purchased with grant funds.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #29:
Call for Bids
Requests for Proposals/ Qualifications
The Court discussed a bid for approval to go out for bid for RB2 to purchase a dump truck using the 2020 tax note.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve going out for bid for RB2 to purchase a dump truck using the 2020 tax note.

Vote: 5 - 0 Passed - Unanimously

 
Item #30:
Consent Agenda
The Court discussed the Consent Agenda.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept the consent agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #31:
Previous Agenda Items
The Court took no action on this agenda item.
 
Item #32:
Calendar Review
The Court discussed Calendar Review.
 
Item #31:
Previous Agenda Items
Comm. Dockery reminded the other Commissioners to be aware of any upcoming ESD re-appointments.  
 
Item #33:
Adjournment
As there was no further business to discuss, the Court adjourned at 10:30 a.m.