The State of Texas {}
County of Burnet {} On this the 8th day of December 2020, the Burnet County Commissioners Court met in regular session. The following members of the court were present:
County of Burnet {} On this the 8th day of December 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
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, December 8, 2020 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas
1. Call to Order
2. Invocation and Pledge of Allegiance to the flags.
3. Public Comments. Any person with business before the Commissioner’s Court not scheduled on the agenda may speak to the Court. No formal action can be taken on these items at this meeting. Comments regarding specific agenda items should occur when the item is called. There is a 2 minute speaking limit.
4. Presentation on the Bluebonnet Trails Community Services to the citizens of Burnet County from JP Pct. 1 Judge Roxanne Nelson (Oakley/Nelson)
5. Discussion and/or action regarding authorization to seek grant funds from the National Rifle Association (NRA) for firearms training equipment on behalf of the Sheriff’s Office (Oakley/Smith)
6. Discussion and/or action regarding the reappointment of Bruce Mills and Renee Hollingsworth to ESD #9 (Dockery)
7. Discussion and/or action regarding the reappointment of Greg Spence and Beth Dop to ESD #1 (Dockery)
8. Discussion and/or action regarding a Public Hearing concerning a petition from R. Miller Hicks and Elizabeth R. Hicks Family Trust for abandonment of a 0.57 acre portion of an “Old Burnet County Road” which lies South of State hwy. 29 and traversing through that called 105.726 acres conveyed to the R. Miller Hicks and Elizabeth R. Hicks Family Trust by Doc. No. 200812690, Official Public Records of Burnet County, Texas followed by discussion and action on the same. This portion of the Old County Road has not been used by the public since State Hwy. 29 was completed in or about 1936 (Wall)
9. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Meagan Gatlin (DBA Gatlin Ranch) for 6 tracts out of 250 acres located approximately 8801 CR 200, BCAD parcel #50270 (Beierle)
10. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Richard Smith and Steve and Shawn Smith, to create 3 tracts, 3.40 acres with a house, 6.77 acres with a house and the sale of the remainder tract of 33.28 acres located at 843 CR 258, BCAD parcel #50997, 50998, 50999, 51001 (Beierle)
11. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Raymond Massey for a 10.017 acre tract out of a 219.2 acre tract located at approximately 3700 W. FM 243, BCAD parcel #53049 (Wall)
12. 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)
13. 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)
14. Discussion and/or action regarding the Burn Ban for unincorporated areas of Burnet County (Oakley)
15. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
16. 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).
17. Reconvene in Open Session. (Oakley)
18. 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)
19. Discussion and/or action regarding Department Updates: (Oakley)
a. Monthly Treasurer’s Report for October 2020
20. Acknowledgement of Receipt: (Oakley)
a. TCEQ
21. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
22. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
23. 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:
25. Calendar Review.
26. 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, December 8, 2020 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas
1. Call to Order
2. Invocation and Pledge of Allegiance to the flags.
3. Public Comments. Any person with business before the Commissioner’s Court not scheduled on the agenda may speak to the Court. No formal action can be taken on these items at this meeting. Comments regarding specific agenda items should occur when the item is called. There is a 2 minute speaking limit.
4. Presentation on the Bluebonnet Trails Community Services to the citizens of Burnet County from JP Pct. 1 Judge Roxanne Nelson (Oakley/Nelson)
5. Discussion and/or action regarding authorization to seek grant funds from the National Rifle Association (NRA) for firearms training equipment on behalf of the Sheriff’s Office (Oakley/Smith)
6. Discussion and/or action regarding the reappointment of Bruce Mills and Renee Hollingsworth to ESD #9 (Dockery)
7. Discussion and/or action regarding the reappointment of Greg Spence and Beth Dop to ESD #1 (Dockery)
8. Discussion and/or action regarding a Public Hearing concerning a petition from R. Miller Hicks and Elizabeth R. Hicks Family Trust for abandonment of a 0.57 acre portion of an “Old Burnet County Road” which lies South of State hwy. 29 and traversing through that called 105.726 acres conveyed to the R. Miller Hicks and Elizabeth R. Hicks Family Trust by Doc. No. 200812690, Official Public Records of Burnet County, Texas followed by discussion and action on the same. This portion of the Old County Road has not been used by the public since State Hwy. 29 was completed in or about 1936 (Wall)
9. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Meagan Gatlin (DBA Gatlin Ranch) for 6 tracts out of 250 acres located approximately 8801 CR 200, BCAD parcel #50270 (Beierle)
10. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Richard Smith and Steve and Shawn Smith, to create 3 tracts, 3.40 acres with a house, 6.77 acres with a house and the sale of the remainder tract of 33.28 acres located at 843 CR 258, BCAD parcel #50997, 50998, 50999, 51001 (Beierle)
11. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Raymond Massey for a 10.017 acre tract out of a 219.2 acre tract located at approximately 3700 W. FM 243, BCAD parcel #53049 (Wall)
12. 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)
13. 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)
14. Discussion and/or action regarding the Burn Ban for unincorporated areas of Burnet County (Oakley)
15. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
16. 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).
17. Reconvene in Open Session. (Oakley)
18. 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)
19. Discussion and/or action regarding Department Updates: (Oakley)
a. Monthly Treasurer’s Report for October 2020
20. Acknowledgement of Receipt: (Oakley)
a. TCEQ
21. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
- Inmate housing agreement with Llano County
22. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
23. The following items are part of the Consent Agenda and require no deliberation by the Commissioner’s Court. Any item from this agenda may be considered separately:
- Consideration and approval of any pending personnel issues within the policy.
- Payroll approval/Personnel Action Form Approval
- Consideration and approval concerning budget amendments.
- Consideration and approval concerning budget line item transfers.
- Consideration and authorization of payment of claims previously approved by the County Auditor.
- Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
- Consideration and approval regarding Departmental equipment requests and/or property transfers.
- Correspondence.
25. Calendar Review.
26. 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.
Judge Oakley thanked Doug Ferguson, Elections Administrator, for a smooth election without any issues. He also addressed election issues allegedly occurring and the mass media not questioning these issues.
Judge Oakley thanked Doug Ferguson, Elections Administrator, for a smooth election without any issues. He also addressed election issues allegedly occurring and the mass media not questioning these issues.
Item #4:
Presentation by Judge Nelson
Bluebonnet Trails Community Services
Presentation by Judge Nelson
Bluebonnet Trails Community Services
The Court heard a presentation on the Bluebonnet Trails Community Services to the citizens of Burnet County from JP Pct. 1 Judge Roxanne Nelson.
Attachments:
Item #19:
Department Updates
Department Updates
Karrie Crownover, County Treasurer, presented the Monthly Treasurer's Report for October 2020.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept the October 2020 Monthly Treasurer's Report.
Vote: 5 - 0 Passed - Unanimously
Attachments:
Item #9:
Variance
Meagan Gatlin
Variance
Meagan Gatlin
The Court discussed a request for a variance from the Burnet County Subdivision Regulations by Meagan Gatlin (DBA Gatlin Ranch) for 6 tracts out of 250 acres located approximately 8801 CR 200, BCAD parcel #50270.
The Court took no action on this agenda item.
The Court took no action on this agenda item.
Attachments:
Item #12:
Final Plat
Miller Creek Ranch Phase III
Final Plat
Miller Creek Ranch Phase III
The Court discussed 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. Herb Darling, Development Services, stated there is a problem with the placement of a culvert.
The Court took no action on this agenda item.
The Court took no action on this agenda item.
Item #13:
Subdivision Completion Cash Bond
Miller Creek Ranch, Phase III
Subdivision Completion Cash Bond
Miller Creek Ranch, Phase III
The Court discussed 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.
The Court took no action on this agenda item.
The Court took no action on this agenda item.
Item #5:
Grant Funds from NRA
for the Sheriff's Office
Grant Funds from NRA
for the Sheriff's Office
The Court discussed authorization to seek grant funds from the National Rifle Association (NRA) for firearms training equipment on behalf of the Sheriff’s Office.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve authorization to seek grant funds from the National Rifle Association (NRA) for firearms training equipment on behalf of the Sheriff’s Office.
Vote: 5 - 0 Passed - Unanimously
Item #6:
ESD 9
Mills/ Hollingsworth
ESD 9
Mills/ Hollingsworth
The Court discussed the reappointment of Bruce Mills and Renee Hollingsworth to ESD #9.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the reappointment of Bruce Mills and Renee Hollingsworth to ESD #9.
Vote: 5 - 0 Passed - Unanimously
Item #7:
ESD 1
Spence/ Dop
ESD 1
Spence/ Dop
The Court discussed the reappointment of Greg Spence and Beth Dop to ESD #1.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the reappointment of Greg Spence and Beth Dop to ESD #1.
Vote: 5 - 0 Passed - Unanimously
Item #8:
Public Hearing
Petition from E.R. Hicks Family Trust
Public Hearing
Petition from E.R. Hicks Family Trust
The Court held a Public Hearing concerning a petition from R. Miller Hicks and Elizabeth R. Hicks Family Trust for abandonment of a 0.57 acre portion of an “Old Burnet County Road” which lies South of State hwy. 29 and traversing through that called 105.726 acres conveyed to the R. Miller Hicks and Elizabeth R. Hicks Family Trust by Doc. No. 200812690, Official Public Records of Burnet County, Texas followed by discussion and action on the same. This portion of the Old County Road has not been used by the public since State Hwy. 29 was completed in or about 1936.
Judge Oakley opened the public hearing. There was no one from the public present for comment.
Judge Oakley opened the public hearing. There was no one from the public present for comment.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a petition from R. Miller Hicks and Elizabeth R. Hicks Family Trust for abandonment of a 0.57 acre portion of an “Old Burnet County Road” which lies South of State Hwy. 29 and traversing through 105.726 acres conveyed to the R. Miller Hicks and Elizabeth R. Hicks Family Trust by Doc. No. 200812690, Official Public Records of Burnet County, Texas.
Vote: 4 - 0 Passed
- Other:
-
Commissioner Precinct 3 Billy Wall (Abstain)
Attachments:
Item #10:
Variance
Richard Smith &
Steve & Shawn Smith
Variance
Richard Smith &
Steve & Shawn Smith
The Court discussed a request for a variance from the Burnet County Subdivision Regulations by Richard Smith and Steve and Shawn Smith, to create 3 tracts, 3.40 acres with a house, 6.77 acres with a house and the sale of the remainder tract of 33.28 acres located at 843 CR 258, BCAD parcel #50997, 50998, 50999, 51001.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a variance from the Burnet County Subdivision Regulations by Richard Smith and Steve and Shawn Smith, to create 3 tracts, 3.40 acres with a house, 6.77 acres with a house and the sale of the remainder tract of 33.28 acres located at 843 CR 258, BCAD parcel #50997, 50998, 50999, 51001.
Vote: 5 - 0 Passed - Unanimously
Attachments:
Item #11:
Variance
Raymond Massey
Variance
Raymond Massey
The Court discussed a request for a variance from the Burnet County Subdivision Regulations by Raymond Massey for a 10.017 acre tract out of a 219.2 acre tract located at approximately 3700 W. FM 243, BCAD parcel #53049.
TX DOT has not approved the driveway access entrance at this location.
The Court took no action in this agenda item.
TX DOT has not approved the driveway access entrance at this location.
The Court took no action in this agenda item.
Attachments:
Item #14:
Burn Ban
Unincorporated Areas
Burnet County
Burn Ban
Unincorporated Areas
Burnet County
The Court discussed the Burn Ban for unincorporated areas of Burnet County. Comm. Beierle spoke with the Fire Chiefs of Precinct 2 which were all in favor for the burn ban. Comm. Dockery stated the Precinct 1 Fire Chiefs were in favor of the burn ban as well.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to adopt the Burn Ban for unincorporated areas of Burnet County.
Vote: 2 - 3 Failed
- Nay:
-
County Judge James Oakley
Commissioner Precinct 1 Jim Luther, Jr.
Commissioner Precinct 3 Billy Wall
Item #15:
Action/ Discussion
COVID-19 Virus
Action/ Discussion
COVID-19 Virus
Judge Oakley thanked the Auditor's office for handling all paperwork involved with the CARES Act funding.
Judge Oakley gave an update to the Court regarding the COVID-19 virus. The virus continues to spread and the County continues to see new cases. The County should be receiving the vaccine within the upcoming weeks. Judge Oakley does not have specific information on the distribution of the vaccine.
The Marble Falls Fire Department is conducting testing on Tuesday and Wednesday from 9:00 to 2:00. For the week of Christmas, testing will be held on Monday. Registration is required.
Judge Oakley gave an update to the Court regarding the COVID-19 virus. The virus continues to spread and the County continues to see new cases. The County should be receiving the vaccine within the upcoming weeks. Judge Oakley does not have specific information on the distribution of the vaccine.
The Marble Falls Fire Department is conducting testing on Tuesday and Wednesday from 9:00 to 2:00. For the week of Christmas, testing will be held on Monday. Registration is required.
Item #16:
Executive Session
Executive Session
The Court took no action on this agenda item.
Item #17:
Executive Session
Executive Session
The Court took no action on this agenda item.
Item #18:
Executive Session
Executive Session
The Court took no action on this agenda item.
Item #19:
Department Updates
Department Updates
Janet Parker, County Clerk, is pleased with the remodel of the County Clerk's office. Now that records have been scanned and are online, more people are accessing these documents from home.
Judge Oakley updated the Court on the Maintenance Department which continue to work on various projects.
Karin Smith, County Auditor, thanked the Court for the renovations made to her office.
Judge Oakley updated the Court on the Maintenance Department which continue to work on various projects.
Karin Smith, County Auditor, thanked the Court for the renovations made to her office.
Item #20:
Acknowledgement of Receipt
Acknowledgement of Receipt
The Court accepted the Texas Commission on Environmental Quality (TCEQ) Notice.
Attachments:
Item #21:
Contracts, Agreements, or Grants
to be Approved or Ratified
Contracts, Agreements, or Grants
to be Approved or Ratified
The Court discussed the Inmate housing agreement with Llano County.
Karen Smith, County Auditor, added a Radio Tower Lease Agreement between the County and Texas Parks and Wildlife. There is already an agreement in place. The rental space is increasing from $400.00 to $600.00.
Karen Smith, County Auditor, added a Radio Tower Lease Agreement between the County and Texas Parks and Wildlife. There is already an agreement in place. The rental space is increasing from $400.00 to $600.00.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Inmate Housing Agreement with Llano County and Radio Tower Lease Agreement with Texas Parks and Wildlife.
Vote: 5 - 0 Passed - Unanimously
Item #19:
Department Updates
Department Updates
Judge Oakley gave an update on the roadside park on Highway 281.
Item #22:
Call for Bids
Request for Proposals/ Qualifications
Call for Bids
Request for Proposals/ Qualifications
The Court took no action on this agenda item.
Item #23:
Consent Agenda
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 approve the consent agenda in its entirety.
Vote: 5 - 0 Passed - Unanimously
Attachments:
Item #24:
Previous Agenda Items
Previous Agenda Items
Ashby Johnson, Executive Director of the Capital Area Metropolitan Planning Organization (CAMPO), is scheduled to attend the next Commissioners Court to present the transportation plan for Burnet County.
Item #25:
Calendar Review
Calendar Review
The Court discussed Calendar Review.
Item #26 :
Adjournment
Adjournment
As there was no further business to discuss, the Court adjourned at 10:05 a.m.
