Skip to main content

AgendaQuick™

Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 9th day of February 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
 
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, February 9, 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 regarding amendments of and revisions to Personnel Policy (Oakley/Luther)

5. Discussion and/or action regarding acceptance of donation deed by a Limited Liability Company controlled by Davis & Tanis Jamar for right of way acquisition of a .227 acre portion of land on which CR 252 lies upon (Arredondo/Beierle)

6. Discussion and/or action regarding accepting the offer and entering MOU with Brannon Paving Company to make road improvement along an approximate 3 mile portion of CR 210 in order to extend the life of the roadway surface (Arredondo/Beierle)

7. Discussion and/or action concerning allocation of Capital Area Housing Finance Corporation’s $50,000 funding to non-profit organizations in Burnet County (Oakley)

8. Discussion and/or action to approve a Work Order No. 18-1328 for survey work to be done between RM 1980 and CR 120 (Luther)

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 regarding a Replat of Lots 2 & 3, Barton Creek Lakeside, Phase Five, Sec. One, a subdivision located in Burnet County, Texas (Dockery)

11. Discussion and/or action regarding a Replat of Lots 14 & 15, Whitewater Springs, Sec. One, a subdivision in Burnet County, Texas (Wall)

12. Discussion and/or action concerning naming a road Lone Star Cove, Located near the 12,000 block of East FM 243 for 911/addressing purposes. Lone Star Cove will be a private road (Beierle)

13. 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)

14. Discussion and/or action concerning a request for a variance from the Burnet county subdivision regulations by Raymond Massey for 10 acre tract out of a 219 acre tract volume 1449, pg. 435 OPRBLT located near CR 330 and FM 243 W (Wall)

14. Discussion and/or action concerning approval of changes and adoption of Burnet County policy for the cremation of paupers (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. Tourism – Post report from Andi Ball on Marble Falls Ice Skating Event
b. Approval of sponsorship for the Bluebonnet Air Show

20. Acknowledgement of Receipt: (Oakley)
a. EOY 2020 financial statements for ESD 2 & Cassie VFD
b. EOY 202 financial statements for ESD 7
c. MIS Summary for Oct. 2020 – Dec. 2020
d. Letter from BCAD

21. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
  1. Contract labor agreement with Blake Johanson to install doors at Pct. 1 barn
  2. Approval to apply for FY 2020 State Criminal Alien Assistance Program Grant
  3. Vet Rider Contract agreement on M. Figun
  4. Inmate Housing agreement with Kinney County
  5. Renewal Agreement with TransUnion for the DA’s
  6. Contract labor agreement with Luke Asphalt Paving for work to be performed on the parking lot on the N. Annex


22. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. Review and approval of the award for the Bucket Truck bid (opened 1/15/21)

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:
  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.
24. Discussion regarding any previous agenda items.

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
Judge Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Comm. Beierle led the Court with the Invocation and Pledge of Allegiance to the U.S. and Texas Flags.
 
Item #3:
Comments
Mark McDonald presented to the Court a Resolution Designating Burnet County A Second Amendment Sanctuary.  This resolution is regarding the defense of the 2nd & 4th Amendment rights in Texas and has been adopted by 74 other Counties in Texas.  Judge Oakley will have the submitted document reviewed by the County Attorney and Sheriff.
 
Item #10:
Replat
Barton Creek Lakeside, Phase Five
The Court discussed a Replat of Lots 2 & 3, Barton Creek Lakeside, Phase Five, Sec. One, a subdivision located in Burnet County, Texas.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a Replat of Lots 2 & 3, Barton Creek Lakeside, Phase Five, Sec. One, a subdivision located in Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Replat
Whitewater Springs, Section One
The Court discussed a Replat of Lots 14 & 15, Whitewater Springs, Sec. One, a subdivision in Burnet County, Texas.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a Replat of Lots 14 & 15, Whitewater Springs, Sec. One, a subdivision in Burnet County, Texas.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Replat
Swiss Village
The Court took no action.
 
Item #12:
Lone Star Cove
The Court discussed naming a road Lone Star Cove, Located near the 12,000 block of East FM 243 for 911/addressing purposes.  Lone Star Cove will be a private road.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve naming a road Lone Star Cove, located near the 12,000 block of East FM 243 for 911/ addressing purposes. Lone Star Cove will be a private road.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
Variance Request
Raymond Massey
The Court discussed a request for a variance from the Burnet county subdivision regulations by Raymond Massey for 10 acre tract out of a 219 acre tract volume 1449, pg. 435 OPRBLT located near CR 330 and FM 243 W.  Previously, no action was taken on this item as it did not have TXDOT approval.  It now has approval from TXDOT.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a request for a variance from the Burnet County Subdivision regulations by Raymond Massey for a 10 acre tract out of a 219 acre tract Volume 1449, Pg. 435 OPRBLT located near CR 330 and FM 243 W.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Department Updates
The Court discussed Department Updates.

Sheriff Boyd updated the Court on the ICE situation at the border.  Information reported on the news regarding arrests is accurate.  Reports of Border Patrol requesting permission to arrest an individual is correct.  This affects Burnet County in regard to those currently detained at the jail. The only detainer's being enforced are those for aggravated felons who pose a risk to public safety.  The population of inmates has increased.  Currently, Burnet County is housing Llano County's inmates.  The new dispatch center is almost completed.  They are waiting on the fiber line to be installed before it can be operational.

Andi Ball, Burnet County Department of Tourism, submitted the post funding report from the City of Marble Falls Holiday Ice-skating Rink Sponsorship prepared by Erin Burks. 

The Court discussed approval of sponsorship for the Bluebonnet Air Show.  Ms. Ball stated the airshow will be held on March 19-20, 2021.  The amount requested is $1,500.00.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the sponsorship for the Bluebonnet Air Show in the amount of $1,500.00.

Vote: 5 - 0 Passed - Unanimously

Herb Darling, Development Services, reports his department has been extremely busy.  He discussed the Building and Septic Report for January 2021.
 
Item #7:
Capital Area Housing Finance
Corporation's Funding
The Court discussed the allocation of Capital Area Housing Finance Corporation’s $50,000 funding to non-profit organizations in Burnet County.  Judge Oakley was contacted by Mark Mayfield with $50,000 available for organizations.  A decision for allocation is not being selected or approved at this time.  Donna Klaeger, Community Resource Center, would like to be considered for funding when selections are being made.  Comm. Dockery and Comm. Beierle will review and make recommendations for disbursement to be discussed at the next Commissioners Court.  Any receiving entity must provide a W-9 to the Auditors office.  No action was taken at this time.
 
Item #4:
Burnet County
Personnel Policy
The Court discussed amendments of and revisions to Personnel Policy.  Sara Ann Luther, Human Resources Director, discussed the Burnet County Personnel Policy.  The revision to 3.09A Holiday Pay, would remove any language placing a time frame on when time had to be earned.  Correction was made by Ms. Luther to reflect the item discussed is actually 3.09B Holiday Pay.  A revision to 3.09A Holiday Pay will add a statement that
an employee will be employed the day preceding a holiday in order to qualify for holiday pay.  Eddie Arredondo, County Attorney and Karin Smith, County Auditor agreed this verbiage should be reflected in the policy.  An update to Section 12. Requests for Technical Service regarding submitting requests to be reflected in the Personnel Policy.  Section 12.18 State Mandated Annual Cybersecurity Training was added to the Internet, Email section.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve amendments of and revisions to Personnel Policy.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Donation Deed From
Davis & Tanis Jamar for
Right of Way Acquisition
The Court discussed acceptance of donation deed by a Limited Liability Company controlled by Davis & Tanis Jamar for right of way acquisition of a .227 acre portion of land on which CR 252 lies upon.  Correction is made by Comm. Beierle to reflect the name David Jamar.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept a donation deed by a Limited Liability Company controlled by David & Tanis Jamar for right of way acquisition of a .227 acre portion of land on which CR 252 lies upon.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Memorandum of Understanding
Brannon Paving Company
The Court discussed accepting the offer and entering MOU with Brannon Paving Company to make road improvement along an approximate 3 mile portion of CR 210 in order to extend the life of the roadway surface.  Comm. Beierle stated Brannon Paving Company is donating their time and equipment to make improvements.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the offer and enter an MOU with Brannon Paving Company to make road improvements along an approximately 3 mile portion of CR 210 in order to extend the life of the roadway surface.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Work Order
Survey Work
RM 1980 and CR 120
The Court discussed Work Order No. 18-1328 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 2 Damon Beierle to approve Work Order No. 18-1328 for survey work to be done between RM 1980 and CR 120.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #9:
Task Force Officer
District Attorney's Office
The Court discussed a task force officer for the District Attorney’s office paid for with Federal Funding and Llano County.  Karin Smith, County Auditor, explained the investigator would be on Burnet County payroll.  The Auditor's office will then bill the Federal Government and Llano County.  Burnet County is simply acting as the administrator.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: County Judge James Oakley to approve a task force officer for the District Attorney’s office paid for with Federal Funding and Llano County.

Vote: 5 - 0 Passed - Unanimously

 
Item #14b:
Burnet County Policy
Cremation of Paupers
The Court discussed approval of changes and adoption of Burnet County policy for the cremation of paupers.  This increases the cost available for services from $300 to $800.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve changes and adoption of Burnet County policy for the cremation of paupers.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Action/ Discussion
COVID-19 Virus
The Court discussed items related to the COVID-19 virus.  Judge Oakley stated the virus continues and the numbers increased in the County, caused by the State system reporting several old cases.  The vaccines are arriving and more companies are developing vaccines.  

Comm. Dockery stated the County has electronic message boards on Hwy 71, East and West of Baylor Scott & White, as requested by Marble Falls Fire Chief Russell Sander.

Karin Smith, County Auditor, informed the Court of funding available from FEMA for vaccine related costs.  Judge Oakley asked if the County was to set up its own hub to distribute the vaccine, would the County be able to apply those costs to it?  Ms. Smith replied yes, but not at this time as there is no exposure to the County.   If needed, funds are 100% reimbursable.
 
Item #16:
Executive Session
The Court took no action on this agenda item.
 
Item #17:
Executive Session
The Court took no action on this agenda item.
 
Item #18:
Executive Session
The Court took no action on this agenda item.
 
Item #20:
Acknowledgement of Receipt
The Court accepted the EOY 2020 financial statements for ESD 2 & Cassie VFD, EOY 202 financial statements for ESD 7, MIS Summary for Oct. 2020 – Dec. 2020, and a Letter from BCAD.  Judge Oakley added a letter from the Texas Secretary of State acknowledging Burnet County's request to designate its participation in the countywide polling place program as successful.
 
Item #21:
Contracts, Agreements, or Grants
to be Approved or Ratified
The Court discussed the Contract labor agreement with Blake Johanson to install doors at Pct. 1 barn, Approval to apply for FY 2020 State Criminal Alien Assistance Program Grant, Vet Rider Contract agreement on M. Figun, Inmate Housing agreement with Kinney County, Renewal Agreement with TransUnion for the DA’s, and Contract labor agreement with Luke Asphalt Paving for work to be performed on the parking lot on the N. Annex.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Contract labor agreement with Blake Johanson to install doors at Pct. 1 barn, Approval to apply for FY 2020 State Criminal Alien Assistance Program Grant, Vet Rider Contract agreement on M. Figun, Inmate Housing agreement with Kinney County, Renewal Agreement with TransUnion for the DA’s, and Contract labor agreement with Luke Asphalt Paving for work to be performed on the parking lot on the N. Annex.

Vote: 5 - 0 Passed - Unanimously

 
Item #22:
Call for Bids
Request for Proposals/ Qualifications
The Court discussed the review and approval of the award for the Bucket Truck bid (opened 1/15/21).  Karin Smith, County Auditor, stated this item was discussed in the previous Commissioners Court.  This will be for the official award for the amount of $66,905.14.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the award for the Bucket Truck bid.

Vote: 5 - 0 Passed - Unanimously

The Court discussed fencing between the Sheriff's Office and the Sanction facility.
 
Item #23:
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

 
Item #24:
Previous Agenda Items
The Court took no action on this agenda item.
 
Item #25:
Calendar Review
There was no discussion on this agenda item.
 
Item #19:
Department Updates
Comm. Dockery reported on a welfare call in Spicewood Beach.  Neighbors called to report a public nusiance taking place with in the residence.  Approximately 80 dogs were removed from the residence in addition to their being a rodent infestation.  

Judge Oakley gave an update on the Maintenance Department.
 
Item #26:
Adjournment
As there was no further business to discuss, the Court adjourned at 10:25 a.m.