County of Burnet {} On this the 23rd day of March 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; Carole Poppema, Assistant County Auditor; Karin Smith, County Auditor; Brittney Smith, Clerk
REGULAR MEETING DATE: Tuesday, March 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. Presentation regarding Capital Area Housing Authority’s donation checks to non-profits in Burnet County. Funds not derived from Burnet County property taxes. (Oakley)
5. Discussion and/or action regarding presentation from Terri Lum on voting machine options. (Wall)
6. Discussion and/or action as necessary regarding presentation of the Burnet County Comprehensive Annual Financial Report for the fiscal year ended September 30, 2020 by Patillo, Brown and Hill L.L.P. (Oakley)
7. Discussion and/or action concerning adoption of Burnet County Library System’s 2021-2026 Strategic Plan, necessary to maintain State Accreditation. (Oakley)
8. Discussion and/or action regarding the request to purchase new Xerox machines for the District Clerk’s Office, County Attorney’s Office, and District Judge’s Office out of County & District Court Technology funds. (Oakley)
9. Discussion and/or action regarding approval to use Burnet County manpower and equipment to assist the Burnet County Rodeo Association in preparation for their annual fundraiser event at the Burnet County Rodeo Grounds. (Beierle)
10. Discussion and/or action regarding request for waiving penalties and interest for the Hicks property, ID # 106205. (Oakley)
11. Discussion and/or action regarding approval to go out for bids for Burnet County Bank Depository. (Oakley)
12. Discussion and/or action for the Opposition to SB 234/HB 749 which would prohibit the use of county funds to be used to join or support nonprofit associations that provide collective communication with State Legislators. (Oakley)
13. Presentation from Terri Thompson, Program Director for Air Evac (Oakley)
14. Discussion and/or action concerning communication from LCRA relative to their justification for the Highland Lakes Watershed Ordinance and related regulatory programs. (Oakley)
15. Discussion and/or action concerning approval for annual renewal of property insurance which covers buildings, contents, and mobile equipment for the period 7/1/21 - 7/1/22. (Oakley)
16. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
17. Discussion and/or action concerning approval to submit documentation and to sign the Designation of Sub-Recipient Agent Form and the Terms and Conditions including exhibit attachments between the Department of Public Safety (DPS)/Texas Division of Emergency Management (TDEM) for the FEMA-4586-DR-TX Grant for Texas Winter Storm. (Oakley)
18. Discussion and/or action concerning the preliminary plat approval for the Barn Divide Subdivision, a public subdivision consisting of 4 lots on 16.49 acres located at 600 CR 414. (Dockery)
19. Discussion and/or action concerning the replat of lots 431-A, 432 and 433, Whitewater Springs, section 4, to be known as lot 431-B, Whitewater Springs, section 4, combining 3 lots into 1. (Wall)
20. Discussion and/or action concerning the replat of lost 44,68-J and 68-K, Clearwater Landing at LBJ II, Phase 1, to be known as lots 44-A, 68-J1 and 68-K1, Clearwater Landing at LBJ II, phase 1 to allow for drainage, fill and a buffer zone. (Luther)
21. Discussion and/or action concerning the replat of lots 1 and .03 acre of lot 68-M, Clearwater Landing at LBJ II, Phase 2, to be known as lot 1-A, Clearwater Landing at LBJ II, Phase 2
22. Discussion and/or action concerning the final plat approval for Dahlia Estates, Phase 1, a public subdivision consisting of 6 lots on 8.972 acres located at 300 CR 274. (Beierle)
23. Discussion and/or action concerning the final plat approval of Hurst Place, Phase 3, a private subdivision consisting of 11 lots on 75.6 acres located at 5840 CR 202. (Beierle)
24. Discussion and/or action concerning the acceptance of Cash Bond #CB-21-3-23-1, in the amount of $501,946 for road and drainage improvements/construction in Hurst Place Subdivision, Phases 3 and 4. (Beierle)
25. Discussion and/or action concerning the final plat of Miller Creek Ranch, Phase 5, a private subdivision consisting of 25 lots on 309.26 acres located at the junction of CR 224W and CR 225. (Beierle)
26. Discussion and/or action concerning the acceptance of Cash Bond #CB-21-3-23-2, in the amount of $611,666 for the road and drainage improvements/construction in the Miller Creek Ranch, Phase 5 Subdivision. (Beierle)
27. Discussion and/or action concerning the release of Performance Bond #726120 in the amount of $1,771,227.88 for road, drainage, and utility improvements in Spicewood Trails and the acceptance of a 2 year maintenance bond in the amount $265,684.17. (Dockery)
28. Discussion and/or action concerning a request from the Burnet County Subdivision Regulations by Ronald Page to create a 6 acre and a 4 acre tract out of (2) five acre tracts. (Wall)
29. 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).
30. Reconvene in Open Session.
31. 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.
32. Discussion and/or action regarding Department Updates: (Oakley)
33. Acknowledgement of Receipt:
a. Approval of Treasurer’s Monthly Report – January 2021
b. Texas Wildlife Services Program’s MIS Monthly Summary
c. Acknowledgement from Texas Commission on Jail Standards, a Certificate of Compliance
for the Burnet County Jail.
34. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
(Oakley)
- Discussion/take action regarding the award of the Jail shower repair bid.
- Contract labor agreement with BTM T5 Svcs for demolition and haul off at 212 Vera, Spicewood, Texas
- Approval for Burnet County Tourism Department to contract an Influencer for promotion of Burnet County.
- Approval of the Independent Contractor Agreement changing a paid driver to a volunteer driver for Vet Ride: James Cassell.
- Interlocal agreement with the Sheriff's Association of Texas for vehicle purchases.
36. 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 transfer.
- 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.
38. Calendar Review.
39. 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
Capital Area Housing Authority
Donations
Ordinance and Regulation
Highland Lakes Watershed
Presentation
Teri Lum
COVID 19
Updates
Presentation
Air Evac
Burnet Counties Library
Strategic Plan
Amanda Rose, Marble Falls Library Director, and Florence Reeves, Herman Brown Library Director presented the Strategic Plan to the Court.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve adoption of Burnet County Library System's 2021-2026 Strategic Plan, necessary to maintain State Accreditation.
Vote: 5 - 0 Passed - Unanimously
Preliminary Plat
Barn Divide Subdivision
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Preliminary Plat approval for the Barn Divide Subdivision, a public subdivision consisting of 4 lots on 16.49 acres located at 600 CR 414.
Vote: 5 - 0 Passed - Unanimously
Replat
Whitewater Springs
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Replat of Lots 431A, 432 and 433 in Whitewater Springs Section 4 to be known as lot 431-B Whitewater Springs Section 4, combing 3 Lots into 1 Lot.
Vote: 5 - 0 Passed - Unanimously
Replat
Clearwater Landing
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Replat of Lots 44, 68-J, and 68-K, Clearwater Landing at LBJ II, Phase 1, to be known as Lots 44-A, 68-J1 and 68K1, Clearwater Landing at LBJ Phase 2.
Vote: 5 - 0 Passed - Unanimously
Replat
Clearwater Landing
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Replat of Lots 1 and .03 acre of Lot 68-M, Clearwater Landing at LBJ II, Phase 2, to be known as Lot 1-A, Clearwater Landing at LBJ II, Phase 2.
Vote: 5 - 0 Passed - Unanimously
Final Plat Approval
Dahlia Estates
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the final plat approval for Dahlia Estates, Phase 1, a Public Subdivision consisting of 6 Lots on 8.972 acres located at 300 CR 274.
Vote: 5 - 0 Passed - Unanimously
Final Plat Approval
Hurst Place
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the final plat approval of Hurst Place, Phase 3, a Private Subdivision consisting of 11 Lots on 75.6 acres located at 5840 CR 202.
Vote: 5 - 0 Passed - Unanimously
Cash Bond
Improvements
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the acceptance of Cash Bond #CB-21-3-23-1, in the amount of $501,946.00 for road and drainage improvements, and construction in Hurst Place Subdivision, Phase 3 and 4.
Vote: 5 - 0 Passed - Unanimously
Final Plat
Miller Creek Ranch
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat of Miller Creek Ranch, Phase 5, a Private Subdivision consisting of 25 Lots on 309.26 acres located at the junction of CR 224W 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 Cash Bond #CB-21-3-23-2, in the amount of $611,666.00 for the road and drainage improvements/construction in the Miller Creek Ranch, Phase 5 Subdivision.
Vote: 5 - 0 Passed - Unanimously
Performance Bond
Spicewood Trails
The Court took no action on this agenda item.
Subdivision Regulations
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve variance from the Burnet County Subdivision Regulations by Ronald Page to create a 6 acre and a 4 acre tract out of two 5 acre tracts.
Vote: 5 - 0 Passed - Unanimously
Executive Session
Executive Session
Executive Session
Contracts, Agreements, or Grants
to be Approved or Ratified
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the award of the Jail shower bid, the contract agreement with BTM T5 Services for demolition haul off at 212 Vera, Spicewood, Approval for Burnet County Tourism Department to contract an Influencer for promotion of Burnet County, approval of the Independent Contractor Agreement changing a paid driver to a volunteer driver for Vet Ride: James Cassell, Interlocal Agreement with the Sheriff's Association of Texas for vehicle purchases.
Joe Don Dockery, Commissioner Precinct 4, amended motion to include that the contract agreement with BTM T5 Services for demolition haul off at 212 Vera, Spicewood, would be contingent upon approval of the County attorney as well as the Interlocal Agreement with the Sheriff's Association to be in the name of Burnet County so that any account will be able to be purchased under that agreement. Jim Luther Jr., Commissioner Precinct 1, second by the amended motion, the motion passed.
Vote: 5 - 0 Passed - Unanimously
Department Updates
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Treasure Monthly Report.
Acknowledgment of Receipt
Call for Bids
Request for Proposals/Qualifications
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to reject the 2 bids that were received regarding the jail shower repair bid.
Vote: 5 - 0 Passed - Unanimously
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
Presentation
Fiscal Report
The Court took no action on this agenda item.
Purchases
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the request to purchase new Xerox machines for the District Clerk's Office, County Attorney's Office, and the District Judge's Office out of the County and District Court Technology funds.
Vote: 5 - 0 Passed - Unanimously
| Item #9: Burnet County Rodeo Association |
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the use of County manpower and equipment to assist the Burnet County Rodeo Association in preparation for their annual fundraiser event at the Burnet County Rodeo Grounds.
Vote: 5 - 0 Passed - Unanimously
Waiving Interests and Fees
The Court took no action on this agenda item.
Call for Bids
Burnet County Bank Depository
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to call for bids for Burnet County Bank Depository.
Vote: 5 - 0 Passed - Unanimously
Prohibit County Funds
State Legislatiors
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the Opposition to SB 234/HB 749 to prohibit the use of County funds to support nonprofit associations that would provide collective communicaton with State Legislators.
Vote: 5 - 0 Passed - Unanimously
Annual Renewal
Property Insurance
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve annual renewal of property insurance that covers buildings, contents, and mobile equipment for the period 7/1/2021 – 7/1/2022.
Vote: 5 - 0 Passed - Unanimously
COVID 19 Virus
Designation of Sub Recipients Form
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve to submit documentation and to sign the Designation of Sub-Recipient Agent Form and the Terms and Conditions including, exhibit attachments between the Department of Public Safety, Texas Division of Emergency Management for the FEMA-4586-DR-TX Grant for Texas Winter Storms.
Vote: 5 - 0 Passed - Unanimously
Previous Agenda Items
Calendar Review
Adjournment
