County of Burnet {} On this the 23rd 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; Karin Smith, County Auditor; Carole Poppema, Assistant County Auditor; Stephanie Sherrill, Deputy Clerk
REGULAR MEETING DATE: Tuesday, February 23, 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 a resolution designating Burnet County a Second Amendment Sanctuary County (Oakley)
5. Discussion and/or action regarding the agreement for autopsy services & pathology exams between Burnet County and Dr. Chundru (Smith/Oakley)
6. Discussion and/or action regarding approval to allow Burnet County to take action as allowed under Ch. 343 Texas Health & Safety Code to address health hazards and public nuisances found at 212 Vera, Spicewood Beach Subdivision, Burnet County, Texas. Potential action regards removal of trash/refuse/debris on the property and the removal of a mobile home too dilapidated, structurally unsafe and unsanitary to a degree that the building constitutes a hazard to public safety, health, and welfare. Further, approved action may include the filing of a lien upon the property allowing for the accrual of interest as outlined by 343.021 Texas Health & Safety Code (Dockery/Arredondo)
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 concerning a request for a variance from the Burnet County Subdivision Regulations by Nancy Brown and Carl Bible for a 1 acre tract out of 106.22 acres out of BCAD parcel #48194, located at 3720 CR 206 and the Cauble Cemetery road (Beierle)
9. Discussion and/or action concerning the final plat of Ridge Point Estates, Phase 1, a private subdivision consisting of 15 lots on 44.31 acres out of the David Harmon Svy., Abst. No. 386, located 3940 FM 1174N (Beierle)
10. Discussion and/or action concerning the final plat of Miller Creek Ranch, Phase 4, a private subdivision consisting of 17 lots on 240.75 acres, located at eh junction of CR 224W and CR225 (Beierle)
11. Discussion and/or action concerning the acceptance of Cash Bond CB-21-2-23 in the amount of $547,404.00 for the construction of roads and drainage in Miller Creek Ranch, Phase 4 (Beierle)
12. Discussion and/or action concerning the preliminary plat approval for Miller Creek Ranch, Phase 5, a private subdivision consisting of 25 lots on 309.26 acres, located at the intersection of CR 224W and 225 (Beierle)
13. Discussion and/or action concerning a replat of Lots 4A and 5A, Kingsland Ranch to be known as Lots 4B and 5B, Kingsland Ranch, adjusting a lot line (Luther)
14. Discussion and/or action concerning a replat of Lot 20 and 166 square feet of Lot 68-D, a common area, Clearwater Landing at LBJ II, Phase 2, Plat 2.5, to be known as Lot 20-A, Clearwater Landing at Lake LBJ II, Phase 2, Plat No. 2.18 (Luther)
15. Discussion and/or action concerning a replat of Lot 2 and 392 square feet of Lot 68-M, a common area, Clearwater Landing at LBJ II, Phase 2, to be known as Lot 2-A Clearwater Landing at LBJ Phase 2, Plat 2.19 (Luther)
16. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
17. 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).
18. Reconvene in Open Session. (Oakley)
19. 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)
20. Discussion and/or action regarding Department Updates: (Oakley)
a. Agri Life Update (Tarla)
21. Acknowledgement of Receipt: (Oakley)
22. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
23. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
24. 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.
26. Calendar Review.
27. 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, February 23, 2021
MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas
ADDENDUM
- Discussion and/or action concerning ratifying Emergency Declaration by County Judge (Oakley)
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. Jeanne Emerson, 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
Caroline Ragsdill, Burnet County Child Welfare Board, gave an update for the year 2020. There were several events they were unable to hold due to COVID-19, however they were able to participate in other activities.
Donna Klaeger, Community Resource Center, gave an update on what resources and services were provided during the February weather event.
Department Updates
Mr. Barho gave an update on COVID-19. Additional vaccines are being acquired according to DSHS. He is working with Seton and the City to open a vaccine center at the Community Center. An additional 5,000 rapid test kits were acquired from TDEM.
Herb Darling, Development Services, clarified currently the Declaration for Burnet County is Public Assistance Category B.
Ratify Emergency Declaration
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to ratify Emergency Declarations by County Judge on February 13 and February 20, 2021.
Vote: 5 - 0 Passed - Unanimously
Department Updates
Judge Oakley stated Governor Abbott requested all 254 counties to be included and 77 counties were approved by the Biden Administration. An additional 31 counties were added, which included Burnet County. Mr. Darling stated in other types of events, such as a flood, preliminary damage can be assessed. In this type of event, damage is unable to be assessed. The State is asking individuals to go online to disasterassistance.gov and complete the form. This is important for individuals to complete as the County has a threshold to meet. If they do not have access to the internet, they may contact 800-621-3362 or 800-462-7585. There have been inquiries from small business owners. They should file through individual assistance side. He expects to get a Small Business Administration (SBA) Declaration if they are not included in individual assistance. Farmers and Ranchers were also impacted by this event. Mr. Darling has not seen anything come through on an FSA declaration, however he expects Burnet County to receive one to assist with paying for damages. Mr. Darling is asking the Judge and Commissioners to document all items which need repairs and submit them to him.
Resolution
Second Amendment Sanctuary County
The Court took no action at this time.
Public Comments
Mike Runyan, Citizen of Burnet County, addressed the Court in support of the Resolution designating Burnet County as a 2nd Amendment Sanctuary County.
Capital Area Housing
Finance Corporation's Funding
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to adopt option 4 for the allocation of Capital Area Housing Finance Corporation’s $50,000 funding to non-profit organizations in Burnet County. The amount of $4,500 will be allocated to Burnet County VetRides, Williamson Burnet County Opportunities, Burnet County Welfare Board, Highland Lakes Crisis Center, Hill Country Children's Advocacy Center, CASA, Boys and Girls Club of the Highland Lakes, and the Highland Lakes Crisis Network. The amount of $2,250 will be allocated to The Helping Center, Lakes Area Care (LaCare), Jesus the Divine Teacher Ministries (Joseph's Food Pantry), and Holy Cross Catholic Church. The amount of $5000 will be allocated to the Community Resource Center.
Vote: 5 - 0 Passed - Unanimously
Department Updates
The Court received an update from London Jones with the AgriLife Department. Kelly Tarla is out working with FEMA and TDEM on Burnet County losses. Currently, there are at least 70 livestock, 20 exotics, and $150,000 worth in structure and well damages. Sam Spradlin joined the AgriLife Department as the Assistant Agent for Ag Natural Resource and 4H. Ms. Jones reported the County Livestock show brought in $408,000 this year.
Final Plat
Ridge Point Estates, Phase 1
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat of Ridge Point Estates, Phase 1, a private subdivision consisting of 15 lots on 44.31 acres out of the David Harmon Svy., Abst. No. 386, located 3940 FM 1174 N.
Vote: 5 - 0 Passed - Unanimously
Final Plat
Miller Creek Ranch, Phase 4
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the final plat of Miller Creek Ranch, Phase 4, a private subdivision consisting of 17 lots on 240.75 acres, located at the junction of CR 224 W and CR 225.
Vote: 5 - 0 Passed - Unanimously
Cash Bond
Miller Creek Ranch
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the acceptance of Cash Bond CB-21-2-23 in the amount of $547,404.00 for the construction of roads and drainage in Miller Creek Ranch, Phase 4.
Vote: 5 - 0 Passed - Unanimously
Preliminary Plat
Miller Creek Ranch, Phase 5
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the preliminary plat approval for Miller Creek Ranch, Phase 5, a private subdivision consisting of 25 lots on 309.26 acres, located at the intersection of CR 224 W and 225.
Vote: 5 - 0 Passed - Unanimously
Replat
Kingsland Ranch
The Court took no action.
Replat
Clearwater Landing
LBJ II, Phase 2
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of Lot 20 and 166 square feet of Lot 68-D, a common area, Clearwater Landing at LBJ II, Phase 2, Plat 2.5, to be known as Lot 20-A, Clearwater Landing at Lake LBJ II, Phase 2, Plat No. 2.18.
Vote: 5 - 0 Passed - Unanimously
Replat
Clearwater Landing
LBJ II, Phase 2
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of Lot 2 and 392 square feet of Lot 68-M, a common area, Clearwater Landing at LBJ II, Phase 2, to be known as Lot 2-A Clearwater Landing at LBJ Phase 2, Plat 2.19.
Vote: 5 - 0 Passed - Unanimously
Resolution
FY 2022 Criminal Justice Planning Fund
Judicial Drug Court Grant
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to apply and sign the Resolution for the 33rd/424th Judicial Drug Court Grant from the FY 22 Governor’s Office State Criminal Justice Planning fund, Specialty Courts. Total award $87,109.00. No match is required.
Vote: 5 - 0 Passed - Unanimously
Variance
Nancy Brown & Carl Bible
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 Nancy Brown and Carl Bible for a 1 acre tract out of 106.22 acres out of BCAD parcel #48194, located at 3720 CR 206 and the Cauble Cemetery Road.
Vote: 5 - 0 Passed - Unanimously
Agreement
Dr. Chundru
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the agreement for autopsy services & pathology exams between Burnet County and Dr. Chundru.
Vote: 5 - 0 Passed - Unanimously
Public Nusiances
212 Vera Dr
Spicewood Beach Subdivision
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve Burnet County to take action as allowed under Ch. 343 Texas Health & Safety Code to address health hazards and public nuisances found at 212 Vera, Spicewood Beach Subdivision, Burnet County, Texas. Potential action regards removal of trash/refuse/debris on the property and the removal of a mobile home too dilapidated, structurally unsafe and unsanitary to a degree that the building constitutes a hazard to public safety, health, and welfare. Further, approved action may include the filing of a lien upon the property allowing for the accrual of interest as outlined by 343.021 Texas Health & Safety Code.
Vote: 5 - 0 Passed - Unanimously
The Court reconvened at 10:30 a.m.
Action/ Discussion
COVID-19 Virus
Executive Session
Executive Session
Executive Session
Department Updates
Acknowledgement of Receipt
Contracts, Agreements, or Grants
to be Approved or Ratified
Call for Bids
Request for Proposals/ Qualifications
There was no action taken on this item.
Consent Agenda
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to accept the consent agenda in its entirety.
Vote: 5 - 0 Passed - Unanimously
Previous Agenda Items
Calendar Review
Public Comments
Adjournment