County of Burnet {} On this the 22nd 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:
- Carole Poppema, Assistant County Auditor; Shelly Denton; Stephanie Sherrill, Deputy Clerk
REGULAR MEETING DATE: Tuesday, December 22, 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 presentation and acceptance of the Burnet County Transportation Plan developed by CAMPO, Capitol Area Metropolitan Planning Organization. (Oakley)
5. Discussion and/or action regarding approval for the Sheriff’s Office to purchase 2 Dodge trucks and upfitting using the 2020 tax note. (Oakley)
6. Discussion and/or action regarding approval for the Sheriff’s Office to upfit the previously approved F150 using the 2020 tax note. (Oakley/Smith)
7. Discussion and/or action for approval for annual renewal of liability insurance through the Texas Association of Counties Risk Management Pool. (Oakley/Smith)
8. Discussion and/or action for approval to add drone coverage to the general liability and law enforcement liability renewal at an annual cost of $1250. (Oakley/Smith)
9. Discussion and/or action for approval to apply for grant from LCRA Community Development Partnership Program. Maximum $25,000 with 20% match. Project to include all four Constables handheld and vehicles radios. (Oakley/Smith)
10. Discussion and/or action for approval to apply and sign the resolution and the CEO-LE Certification and Assurances for the part-time 33rd and 424th District Attorney Investigator for FY2022 Criminal Justice Program Grant from the Office of the Governor, Public Safety Office, Criminal Justice Division. (Oakley/Smith)
11. Discussion and/or action the amendment to the lease between Burnet County and Texas Parks and Wildlife Department for the property lease for the radio tower located on Hwy 281 north of Burnet. (Oakley/Barho)
12. Discussion and/or action for the reappointment of Joanne Haniden and Teri Enloe to ESD #3. (Wall)
13. Discussion and/or action to reappoint Clayton Smith, Brenda Goble and Roy Hallmark to ESD #7. (Beierle)
14. Discussion and/or action to reappoint Ned Ewart to ESD #8.(Beierle)
15. Discussion and/or action to appoint Alice Gregg and Barker Keith ESD #8.(Beierle)
16. Discussion and/or action to recognize the results of the Refunding/Refinancing of the 2015 Certification of Obligation for Jail acquisition with a gross savings to Burnet County of $1,078,727.50 over the remainder of life of the issuance. (Oakley/Smith)
17. Discussion and/or action regarding the replat of lots 1, 2, & 3, Miller Creek Ranch, phase II, a subdivision located in Burnet County, Texas, as shown on plat recorded in document no. 202010609, of The Plat Records of Burnet County, Texas. (Beierle)
18. Discussion and/or action regarding the Final plat of Miller Creek Ranch, Phase III, and a private subdivision consisting of 9 lots on 159.14 acres located at the intersection of CR 224W and CR 225 (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 preliminary plat of Ridge Point Estates, 98.42 acres out of the David Harmon Survey No. 4, Abstract No 386, Burnet County, Texas. (Beierle)
21. Discussion and/or action regarding the Replat of Lot 8, phase one of Hurst Place Subdivision, Burnet County, Texas, recorded in document No. 202006494 of The Official Public Records of Burnet County, Texas and Lot 74, phase two of Hurst Place Subdivision, Burnet County, Texas, recorded in document No. 201010610 of The Official Public Records of Burnet County, Texas. (Beierle)
22. Discussion and/or action regarding the replat of lot 72-A, a replat of lots 68, 70, & 72, Windermere Oaks, Essex Section, a subdivision located in Burnet County, Texas, as shown on plat recorded in cabinet 2, slide 167B, of The Plat Record of Burnet County, Texas, and lot 74, Windermere Oaks, Essex Section, a subdivision located in Burnet County, Texas, as shown on Plat recorded in Volume 2, page 88, of The Plat Records of Burnet County, Texas. (Dockery)
23. Discussion and/or action regarding the replat of lots 60 & 61, The Ranches at Canyon Creek, phase two, a subdivision located in Burnet County, Texas, as shown on Plat recorded in document No. 201600345 of The Official Public Records of Burnet County, Texas. (Wall)
24. Discussion and/or action concerning the preliminary plat approval of High Mountain Road 1 lot located in the 4900 block of CR 335. (Wall)
25. Discussion and/or action regarding Burnet County issuing a Quit Claim Deed on property located in the Kings Cove Estate subdivision previously dedicated to the public. (Oakley/Arredondo)
26. Discussion and/or action regarding the Burn Ban for unincorporated areas of Burnet County (Oakley)
27. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
28. 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).
29. Reconvene in Open Session. (Oakley)
30. 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)
31. Discussion and/or action regarding Department Updates: (Oakley)
32. Acknowledgement of Receipt: (Oakley)
a. September, October, and November response times reports from the Burnet FD
33. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
- Agreement with Hill Country Area Crime Stoppers
34. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
35. 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.
36. Discussion regarding any previous agenda items.
37. Calendar Review.
38. Adjournment.
James Oakley, Burnet County Judge
Reviewed by: Eddie Arredondo, County Attorney
The Commissioners' Court reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any matters as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney) 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations) Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues). Compliance with the Americans with Disabilities Act, Burnet County will provide for reasonable accommodations for persons attending Commissioners' Court. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Ms. Stephanie McCormick, Commissioners’ Court Coordinator, at (512) 715-5276. Please note, the location of the meeting is subject to change based upon availability of the Courtroom. If meeting location is changed, notice at the above meeting location shall be posted to ensure public access to meeting is granted.
Call to Order
Invocation and Pledge of Allegiance to the Flags
Public Comments
Kara Chasteen, Burnet County Republican Party Chair, submitted a resolution passed by the Burnet County Republican Executive Committee and made a statement regarding COVID-19.
Mary Kelly Green, M.D., Ophthalmologist, submitted to the Court a COVID-19 Fact Sheet and made a statement regarding COVID-19.
Tammy Hullum, Burnet County Resident, spoke to the Court regarding her experience with COVID-19.
Fernando Albornoz, Chair for Precinct 13, spoke in favor of the resolution submitted by the Burnet County Republican Executive Committee.
Judge Oakley explained public comment is designed for the public to speak on any topic, without a response from the Court. However, he wanted to address that the Commissioners Court does not have a right to subdue any medical treatments, which he assures has not been the case. Any medical professionals are working independently and at the auspices of their own governing bodies. The Commissioners Court does not interfere with that. The resolution, presented to the Court yesterday afternoon, has not been reviewed by the County Attorney. The item was not on the agenda, therefore there cannot be any action taken on the resolution today. Judge Oakley wanted to assure the public, the Court is trying to be as transparent as possible. Currently, many government entities are not even allowing in person meetings at this point. This Court is taking precautions to continue to allow the public to come to these meetings in the safest possible environment. Judge Oakley would like it to be clear, there has been no interaction with the local physicians on what they can or can’t do or what medicines they can prescribe. He suggests if you disagree with the doctor, to get a second or third opinion from elsewhere.
Amy Van Dorfy, Family Physician, Member of Burnet County Hospital Authority Board, and President of the Burnet and Lampasas County Medical Society spoke to the Court regarding her experience with COVID-19.
Comm. Beierle spoke of his experience with COVID-19.
Comm. Beierle informed the Court of the passing of JoAnn Myers and John Hoover.
The Court reconvened at 9:50 a.m.
Preliminary Plat
High Mountain Road
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Preliminary Plat of High Mountain Road 1 lot located in the 4900 block of CR 335.
Vote: 5 - 0 Passed - Unanimously
Preliminary Plat
Ridge Point Estates
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Preliminary Plat of Ridge Point Estates, 98.42 acres out of the David Harmon Survey No. 4, Abstract No 386, Burnet County, Texas located at 3940 FM 1174.
Vote: 5 - 0 Passed - Unanimously
Replat
Miller Creek Ranch, Phase II
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Replat of lots 1, 2, & 3, Miller Creek Ranch, Phase II, a subdivision located in Burnet County, Texas, as shown on Plat recorded in Document No. 202010609, of the Plat Records of Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Final Plat
Miller Creek Ranch, Phase III
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve 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.
Vote: 5 - 0 Passed - Unanimously
Subdivision Completion Cash Bond
Miller Creek Ranch, Phase III
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept 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.
Vote: 5 - 0 Passed - Unanimously
Replat
Hurst Place Subdivision
Phase I and II
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to accept the Replat of Lot 8, phase one of Hurst Place Subdivision, Burnet County, Texas, recorded in document No. 202006494 of The Official Public Records of Burnet County, Texas and Lot 74, phase two of Hurst Place Subdivision, Burnet County, Texas, recorded in document No. 201010610 of The Official Public Records of Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Replat
Windermere Oaks
Essex Section
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Replat of lot 72-A, a Replat of lots 68, 70, & 72, Windermere Oaks, Essex Section, a subdivision located in Burnet County, Texas, as shown on Plat recorded in Cabinet 2, Slide 167B, of The Plat Record of Burnet County, Texas, and lot 74, Windermere Oaks, Essex Section, a subdivision located in Burnet County, Texas, as shown on Plat recorded in Volume 2, page 88, of The Plat Records of Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Replat
The Ranches at Canyon Creek
Phase II
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Replat of lots 60 & 61, to be known as 60A, The Ranches at Canyon Creek, Phase Two, a subdivision located in Burnet County, Texas, as shown on Plat recorded in document No. 201600345 of The Official Public Records of Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Quitclaim Deed
Kings Cove Estate
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve Burnet County issuing a Quitclaim Deed on property located in the Kings Cove Estate subdivision previously dedicated to the public.
Vote: 5 - 0 Passed - Unanimously
Presentation by CAMPO
Burnet County Transportation Plan
Sheriff's Office
Vehicle Purchase
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Sheriff’s Office to purchase 2 Dodge trucks and upfitting using the 2020 tax note.
Vote: 5 - 0 Passed - Unanimously
Sheriff's Office
Upfit F150
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Sheriff’s Office to upfit the previously approved F150 using the 2020 tax note.
Vote: 5 - 0 Passed - Unanimously
Annual Renewal of Liability Insurance
TAC Risk Management Pool
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve annual renewal of liability insurance through the Texas Association of Counties Risk Management Pool.
Vote: 5 - 0 Passed - Unanimously
General and Law Enforcement Liability
For Drone Coverage
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve adding drone coverage to the general liability and law enforcement liability renewal at an annual cost of $1250.
Vote: 5 - 0 Passed - Unanimously
Grant
LCRA Community Development
Partnership Program
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to apply for a Grant from LCRA Community Development Partnership Program. Maximum $25,000 with 20% match. Project to include all four Constables handheld and vehicles radios.
Vote: 5 - 0 Passed - Unanimously
Resolution & Certification/Assurances
33rd and 424th District Attorney Investigator
Judge Oakley stated there was a request from Karin Smith, County Auditor, to hold on this agenda item. There was no action.
Amendment
Property Lease for Radio Tower
Texas Parks and Wildlife Department
Judge Oakley was asked by Eddie Arredondo, County Attorney, to hold on this item. Carole Poppema, Assistant County Auditor, stated this item was signed in Commissioners Court on December 8th, however it was not listed on the agenda and needs approval from the Court.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to amend the lease between Burnet County and Texas Parks and Wildlife Department for the property lease for the radio tower located on Hwy 281 North of Burnet.
Vote: 5 - 0 Passed - Unanimously
Reappointment
ESD 3
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the reappointment of Joanne Hanifen and Teri Enloe to ESD #3.
Vote: 5 - 0 Passed - Unanimously
Reappointment
ESD 7
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to reappoint Clayton Smith, Brenda Goble, and Roy Hallmark to ESD #7.
Vote: 5 - 0 Passed - Unanimously
Reappointment
ESD 8
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to reappoint Ned Ewart to ESD #8.
Vote: 5 - 0 Passed - Unanimously
Appointment
ESD 8
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to appoint Alice Gregg and Barker Keith to ESD #8.
Vote: 5 - 0 Passed - Unanimously
2015 Certification of
Obligation for Jail Acquisition
Burn Ban
Unincorporated Areas
of Burnet County
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery 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
Action/ Discussion
COVID-19 Virus
Judge Oakley addressed several offices in the County are currently closed due to positive COVID test results. He will be closing non-essential County operations at noon.
Executive Session
Executive Session
Executive Session
Contracts, Agreements, or Grants
to be Approved or Ratified
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the agreement with Hill Country Area Crime Stoppers.
Vote: 5 - 0 Passed - Unanimously
Department Updates
Acknowledgement of Receipt
Call for Bids
Requests for Proposals/ Qualifications
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
Previous Agenda Items
Calendar Review
Adjournment
