County of Burnet {} On this the 26th day of January 2021, the Burnet County Commissioners Court met in regular session. The following members of the court were present:
- Present:
- County Judge James Oakley; Commissioner Precinct 1 Jim Luther, Jr.; Commissioner Precinct 2 Damon Beierle; Commissioner Precinct 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
- Attendees:
- Stephanie McCormick, Comm. Court Coordinator; Janet Parker, County Clerk; Karin Smith, County Auditor; Carole Poppema, Assistant County Auditor; Stephanie Sherrill, Deputy Clerk
REGULAR MEETING DATE: Tuesday, January 26, 2021 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 concerning approval of bonds for County Officials (Oakley/Parker)
5. Discussion and/or action regarding the request to purchase a Xerox machine for the Auditor’s office out of the County Records Management funds (Oakley/Smith)
6. Discussion and/or action to sign the Resolution for the San Saba Capital Murder Case with the Office of the Governor County Essentials Services Program (Oakley/Rose/Smith)
7. Discussion and/or action regarding rescinding prior Commissioner Court Order vacating a portion of CR 227 done at the request of Carolyn H. Young, Trustee for the estate of Jackson Barton Hopper due to error (Oakley/Arredondo)
8. Discussion and/or action for the purchase of a computer for JP #4 out of Justice Court Technology funds and take action as necessary (Bindseil)
9. Discussion and/or action regarding a task force officer for the District Attorney’s office paid for with Federal Funding and Llano County (Oakley/McAfee)
10. Discussion and/or to accept an anonymous donation of $25,000 for the express purpose of expending based on receiving information leading to the arrest and conviction of person or person involved with recent acts of arson. Funds subject to return in not used within 6 months (Oakley)
11. Discussion and/or action concerning the preliminary plat for Dahlia Estates, Phase 1, a public subdivision consisting of 6 lots on 8.972 acres out of the J.A. Hutto Svy. No. 1202, Abst. No. 1084, located at 300 CR 274 (Beierle)
12. Discussion and/or action concerning the cancellation of Lots 77, 78, 79, and 80 of the Camp Lewis Subdivision (Dockery)
13. Discussion and/or action concerning the Final Plat of Clearwater Landing at LBJ II, Phase 1, Plat No. 1.4, out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas. This will create Lot 41, which is the last lot to be created so it completes the platting of Clearwater Landing at LBJ II, approx. at 111 Village View (Luther)
14. Discussion and/or action concerning the Replat of Lots 214 & 215, Summit Springs, a Burnet County Subdivision (Luther)
15. Discussion and/or action concerning the Replat of Lots 68-74, 108-110, and 115-118, Swiss Village Replat, as shown on plat recorded in Cab. 2, Slide 79C of the plat records of Burnet County (Luther)
16. Discussion and/or action concerning the Replat of Lots 64 & 65, Clearwater Landing at LBJ, a Subdivision located in Burnet County, Texas as shown on plat recorded in Cab. 4, slide 22-A (Luther)
17. Discussion and/or action concerning the Final Plat of River Hills Ranches, Phase Three, a Private Subdivision, 169.39 acres, 114.83 acres out of the J.N. Ethridge Svy., Abst. No. 1484; 54.56 acres out of the E.S. Ethridge Svy., Abst. No. 1485, Lampasas and Burnet County, Texas consisting of 15 Ranches in Burnet and Lampasas County, Texas and creating 2,215 feet of private roads. Approx. at 1600 CR 223A (Beierle)
18. Discussion and/or action concerning the Replat of Lots 67, 68, and 70-73, Hurst Place Subdivision, Phase Two, a Subdivision located in Burnet County, Texas (Beierle)
19. Discussion and/or action concerning the Preliminary Plat of Miller Creek, Phase 4, being 247.70 acres out of the F.M. Gardner Svy. No. 69, Abst. No. 1307, Marinda Judd Svy. No. 119, Abst. No. 1389, Henry Lockridge Svy. No. 1046, Abst. No. 527, and the John B. Veach Svy., Abst. No. 930, Burnet County, Texas (Beierle)
20. Discussion and/or action concerning a Preliminary Plat approval for Flying J. Subdivision, a public Subdivision consisting of 5 Lots on 35.75 acres located at 1427 CR 111 (Luther)
21. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
22. Discussion and/or action on the reappointments of Tice Porterfield, Kimberly Dickinson and Carol Ann Young, ESD #4 (Wall)
23. Discussion and/or action regarding the resignation of Gerald Schappe of ESD #3 (Luther)
24. Discussion and/or action regarding the approval of payment for Pauper claim pursuant to 694.002 and 711.002(a) of The Texas Health and Safety Codes (Oakley)
25. 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).
26. Reconvene in Open Session. (Oakley)
27. 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)
28. Discussion and/or action regarding Department Updates: (Oakley)
a. Acceptance of Burnet County Investment Policy 2021 from Treasurer
29. Acknowledgement of Receipt: (Oakley)
a. Quarterly report from Marble Falls Area EMS
b. Financial Audit for year ending Sept. 30, 2020 from Burnet ESD No. 3
c. MIS Summary for Oct. 1, 2020 – Nov. 30, 2020
30. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
- Agreement with Central Texas Water Coalition
- Marble Falls library Tocker Foundation grant approval
31. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. Request to go out for bids for paving oil (Dockery)
b. Request to go out for approval for bid for a new or used Vibratory Roller (Wall)
32. 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.
34. Calendar Review.
35. 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
Preliminary Plat
Dahlia Estates, Phase 1
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Preliminary Plat for Dahlia Estates, Phase 1, a public subdivision consisting of 6 Lots on 8.972 acres out of the J.A. Hutto Svy. No. 1202, Abst. No. 1084, located at 300 CR 274.
Vote: 5 - 0 Passed - Unanimously
Replat
Summit Springs
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the Replat of Lots 214 & 215, Summit Springs, a Burnet County Subdivision.
Vote: 5 - 0 Passed - Unanimously
Replat
Swiss Village
The Court took no action at this time.
Replat
Clearwater Landing at LBJ
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept the Replat of Lots 64 & 65, Clearwater Landing at LBJ, a Subdivision located in Burnet County, Texas as shown on Plat recorded in Cab. 4, Slide 22-A.
Vote: 5 - 0 Passed - Unanimously
Final Plat
River Hills Ranches, Phase Three
The Court held on this item.
Replat
Hurst Place Subdivision, Phase Two
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Replat of Lots 67, 68, and 70-73, Hurst Place Subdivision, Phase Two, a Subdivision located in Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Preliminary Plat
Miller Creek, Phase 4
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Preliminary Plat of Miller Creek, Phase 4, being 247.70 acres out of the F.M. Gardner Svy. No. 69, Abst. No. 1307, Marinda Judd Svy. No. 119, Abst. No. 1389, Henry Lockridge Svy. No. 1046, Abst. No. 527, and the John B. Veach Svy., Abst. No. 930, Burnet County, Texas.
Vote: 5 - 0 Passed - Unanimously
Preliminary Plat
Flying J Subdivision
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Preliminary Plat for Flying J Subdivision, a public Subdivision consisting of 5 Lots on 35.75 acres located at 1427 CR 111.
Vote: 5 - 0 Passed - Unanimously
Department Updates
Judge Oakley reported the roadside park is now open for public use. Judge Oakley thanked the Commissioners for the work which has begun at the North Annex parking lot. Work at the shooting range continues.
Karrie Crownover, County Treasurer, submitted the Burnet County Investment Policy for 2021.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the Burnet County Investment Policy 2021.
Vote: 5 - 0 Passed - Unanimously
Janet Parker, County Clerk, updated the Court on the project of restoring the drawings of the Marble Falls Bridge and Inks Bridge. The proposal is in the amount of $4,576.00.
Approval of Bonds
for County Officials
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve bonds for County Officials Sheri Frazier, James Luther, Eduardo Arredondo, Billy Wall, Leslie Ray, Garry Adams, Millicent Bindseil, and John Chip Leake.
Vote: 5 - 0 Passed - Unanimously
Purchase
Auditor's Office
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the purchase of a Xerox machine for the Auditor’s office out of the County Records Management funds.
Vote: 5 - 0 Passed - Unanimously
Resolution
San Saba
Capital Murder Case
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve signing the Resolution for the San Saba Capital Murder Case with the Office of the Governor County Essentials Services Program.
Vote: 5 - 0 Passed - Unanimously
Rescind Order
Vacating a Portion of CR 277
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve rescinding the prior Commissioner Court Order vacating a portion of CR 227 done at the request of Carolyn H. Young, Trustee for the Estate of Jackson Barton Hopper due to an error.
Vote: 5 - 0 Passed - Unanimously
The Court reconvened at 9:50 a.m.
Purchase
JP#4 Office
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the purchase of a computer for JP #4 out of Justice Court Technology funds.
Vote: 5 - 0 Passed - Unanimously
Task Force Officer
District Attorney's Office
The Court took no action on this item.
Final Plat
Clearwater Landing at LBJ II
Phase I
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept the Final Plat of Clearwater Landing at LBJ II, Phase 1, Plat No. 1.4, out of the William Simmons Svy. No. 121, Abst. No. 777, Burnet County, Texas. This will create Lot 41, which is the last lot to be created and completes the platting of Clearwater Landing at LBJ II, located at approximately 111 Village View.
Vote: 5 - 0 Passed - Unanimously
Final Plat
River Hills Ranches
Phase III
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Final Plat of River Hills Ranches, Phase Three, a Private Subdivision, 169.39 acres, 114.83 acres out of the J.N. Ethridge Svy., Abst. No. 1484; 54.56 acres out of the E.S. Ethridge Svy., Abst. No. 1485, Lampasas and Burnet County, Texas consisting of 15 Ranches in Burnet and Lampasas County, Texas and creating 2,215 feet of private roads. Located at approximately at 1600 CR 223A.
Vote: 5 - 0 Passed - Unanimously
Cancellation of Lots
Camp Lewis Subdivision
Order for the Cancellation of Lots 77, 78, 79, and 80, Camp Lewis, was signed January 26, 2021.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the cancellation of Lots 77, 78, 79, and 80 of the Camp Lewis Subdivision.
Vote: 5 - 0 Passed - Unanimously
Action/ Discussion
COVID-19 Virus
Karin Smith, County Auditor, stated the next round of funding will be through FEMA and it is only for any expenses incurred due to vaccinations. It would be 75%-25%.
Reappointment
ESD #4
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the reappointments of Tice Porterfield, Kimberly Dickinson, and Carol Ann Young to ESD #4.
Vote: 5 - 0 Passed - Unanimously
Resignation
ESD #3
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept the resignation of Gerald Schappe of ESD #3.
Vote: 5 - 0 Passed - Unanimously
Payment
Pauper Claim
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the payment for Pauper claim pursuant to 694.002 and 711.002(a) of The Texas Health and Safety Codes. The amount of $900.00 is for the transport and cremation of Kenneth Maynard. Funds will be taken from the line item for Pauper care.
Vote: 5 - 0 Passed - Unanimously
Executive Session
Executive Session
Executive Session
Acknowledgement of Receipt
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 accept the Agreement with Central Texas Water Coalition and Marble Falls Library Tocker Foundation Grant approval and an amendment to the Contract with 4S Enterprises for gutters and downspouts in the amount of $1917.00 for the maintenance building.
Vote: 5 - 0 Passed - Unanimously
Call for Bids
Request for Proposals/ Qualifications
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a request to go out for bids for paving oil and a bid for a new or used Vibratory Roller.
Vote: 5 - 0 Passed - Unanimously
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept a bid for a bucket truck from Specialty Fleet for a 2010 Ford F-750, Stock #20054, in the amount of $66,500. Funding will be split evenly amongst the Precincts.
Vote: 5 - 0 Passed - Unanimously
Consent Agenda
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the consent agenda in its entirety.
Vote: 5 - 0 Passed - Unanimously
Previous Agenda Items
Calendar Review
Anonymous Donation
to Sheriff's Office
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept an anonymous donation of $25,000 for the express purpose of expending based on receiving information leading to the arrest and conviction of person or person involved with recent acts of arson. Funds subject to return in not used within 6 months
Vote: 5 - 0 Passed - Unanimously
Adjournment
