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, April 13, 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 access to Collier Materials along CR 121 right of way for the improvement of drainage to protect the county roadway system (Luther)
 
5. Presentation of a Proclamation to recognize Youth Art Month (Oakley)
 
6. Presentation of a Proclamation to recognize Child Abuse Awareness Month in April (Oakley)
 
7. Discussion and/or action to go onto private property, 6226 west FM 243, to utilize base materials for county roads. Said base would be donated by private owners for no money or work in return (Wall)
 
8. Discussion and/or action regarding the authorization for Commissioner Billy Wall on behalf of the county to demolish and remove abandoned and dilapidated mobile home found on a public easement in the vicinity of 305 Burnet Hills Drive, Burnet, Texas (Wall/Arredondo)
 
9. Discussion and/or action regarding authorization for Burnet County Precinct 4 to operate county equipment on the property owned by the Marble Falls Rodeo Association, an non-profit organization for the purposes of arena preparation to benefit of a all citizens of Burnet County and serving a public purpose (Dockery)
 
10. Discussion and/or action regarding the haul off & disposal overages associated with the contract labor agreement with BTM T5 Svcs for demolition and haul off at 212 Vera, Spicewood, Tx. (Oakley/Smith)
 
11. Discussion and/or action regarding the setting of building permit fees for Burnet County (Dockery)
 
12. 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)
 
13. Discussion and/or action to accept the Governor’s Office County Essentials grant for the San Saba County Capital Murder and to approve and sign the MOU with San Saba County in order to submit payment requests on behalf of San Saba County and to pay San Saba County upon deposit of the requested funds (Oakley/Smith)
 
14. Discussion and/or action concerning enforcement action pursuant to Article 4, 5 (a) and (b) of the Burnet County Subdivision Regulations and Chapter 232.005 of the Texas Local Government Code relating to the possible “illegal” subdivision of BCAD parcel #104817 (Dockery)
 
15. Discussion and/or action concerning any topics related to the COVID-19 virus (Oakley)
 
16. Discussion and/or action concerning the final plat approval of Hurst Place, Phase 4, a private subdivision consisting of 12 lots on 86.70 acres located at 5840 CR 202 (Beierle)
 
17. Discussion and/or action concerning the preliminary plat approval of Monica’s Way, a private subdivision consisting of 2 lots on 9.47 acres located at 7672 CR 101 (Luther)
 
18. Discussion and/or action concerning overtime pay for Development Services employees (Oakley)
 
19. Discussion and/or action concerning building permits for the Spicewood Trails subdivision (Dockery)
 
20. Discussion and/or action concerning the final plat approval for the Barn Divide Subdivision, a public subdivision consisting of 4 lots on 16.49 acres located at 600 CR 414 (Dockery)
 
21. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations for a 2 acre tract of land out of the O.R. DeSpain Svy., out of a 171.2 acre tract, located at 14230 S. FM 1174 (Wall)
 
22. Discussion and/or action regarding the Request for Variance/Exemption from Subdivision Regulations for the division of 216.37 acres currently owned by the four (4) member JMCS, LLC. With each member owning one quarter undivided interest in the 216.37 acres.  Due to a Agreement to Partition executed by the four members, the 2116.37 acres is required to be divided into two (2) lots so each half can be refinanced by separate lenders.  Article 1, Section 9.H of the Subdivision Regulations allows for the exemption of a division of a tract into two (2) or more parts which two (2) or more owners have an undivided interest (Dockery)
 
23. Discussion and/or action concerning disposition of various abandoned items at the old land fill location (Oakley)
 
24. Discussion and/or action regarding approval to extend the current contract for the County Bank Depository (Crownover)
 
25. Discussion and/or action regarding the written request from Eldon Box, Trustee of the Thelma Peacock Box Living Trust to waive penalties and interest at Property ID 30858 (Oakley)
 
26. Discussion and/or action regarding the written request from Thomas and Diane Sanders to waive penalties and interest at Property ID 65604 (Oakley)
 
27. 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).   
           
28. Reconvene in Open Session. 
 
29. 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.
 
30. Discussion and/or action regarding Department Updates:  (Oakley)
      a. Approval of Treasurer’s Monthly Report – February 2021
           
31.  Acknowledgement of Receipt:
       a. Dec. 2020, Jan, and Feb. response times reports from the Burnet FD
       b. MIS Summary report Oct. 2020 – Feb. 2021
       c. Burnet County Emergency Svcs. Association Fire-EMS-Communication
       d. Year-end financial audit from Cottonwood Shores VFD
 
32.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       (Oakley)

1. Annual Inter local paving agreement with the City of Cottonwood Shores
2. Order approving the Inter local paving agreement with the City of Cottonwood Shores
3. Annual Inter local paving agreement with the City of Marble Falls
4. Order approving the Inter local paving agreement with the City of Marble Falls
5. Contract labor agreement with JH Miller Company LLC for concrete projects for Pct. 3
6. Contract labor agreement with DIJ Construction for striping of CR 402 & 401N

 
 
 
33.  Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
       a. Burnet County Hazard Mitigation Plan
 
34.  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.

           
35. Discussion regarding any previous agenda items.
 
36. Calendar Review.
 
37. 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

Judge Oakley called the meeting to order at 9:00 a.m.

Comm. Beierle led the Court with the Invocation and Pledge of Allegiance to the U.S. and Texas flags.

There were no comments from the public.

The Court discussed Presentation of a Proclomation to recognize Youth Art Month. Samantha Melvin, addressed the Court about recognizing Youth Art Month. Ms. Melvin stated there are 170 artists on display within the Burnet County Square. Ms. Melvin thanked the Court as well as David Brown, Owner of Happy Scoops, for always displaying the student's art work. Judge Oakley read the Proclamation to the Court.  

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the Proclamation to recognize Youth Art Month.

Vote: 5 - 0 Passed - Unanimously

Judge Oakley read to the Court the Proclamation. Caroline Ragsdale, President of the Child Welfare Board, thanked the Court for reading the Proclamation and for all that the Court does to support Child Abuse Awareness. Commissioner Beierle, Precinct 2, thanked all members from the Child Welfare Board, CASA, and HCCAC for all that they do.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the Proclamation to recognize Child Abuse Awareness Month in April

Vote: 5 - 0 Passed - Unanimously

The Court heard a 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. Todd Pruitt, Partner with Patillo Brown and Hill, presented to the Court the Burnet County Comprehensive Annual Financial Report for the fiscal year ending September 30, 2020. Mr. Pruitt explained to the Court that the report is broken up into three sections and reported that all three reports were issued an unqualified opinion, which is the highest form of opinion you can receive. Commissioner Dockery, thanked Karin Smith, County Auditor, for all the hard work in preparing the audit.  

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the Burnet County Comprehensive Annual Financial Report for the fiscal year ended September 30, 2020 by Patillo, Brown and Hill L.L.P.

Vote: 5 - 0 Passed - Unanimously

The Court discussed approval of the preliminary plat of Monica's Way, a private subdivision. Commissioner Luther, stated that the property had access to County Road 101.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the preliminary plat approval of Monica’s Way, a private subdivision consisting of 2 lots on 9.47 acres located at 7672 CR 101.

Vote: 5 - 0 Passed - Unanimously

The Court discussed access to Collier Materials along CR 121 right of way for the improvement of drainage to protect the county roadway system.  

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve allowing access to Collier Materials along CR 121 right of way for the improvement of drainage to protect the county roadway system.

Vote: 5 - 0 Passed - Unanimously

The Court discussed approval to go onto private property, 6226 west FM 243, to utilize base materials for county roads.  Said base would be donated by private owners for no money or work in return. Commissioner Wall, stated that the property is his personal property and in no way will he benefit from allowing the County to use base material. Judge Oakley stated that the County Attorney is aware of this process. 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to go onto private property, 6226 west FM 243, to utilize base materials for county roads. Said base would be donated by private owners for no money or work in return

Vote: 4 - 0 Passed

Other:

Commissioner Precinct 3 Billy Wall (Abstain)

The Court, discussed authorization for Commissioner Billy Wall on behalf of the county to demolish and remove abandoned and dilapidated mobile home found on a public easement in the vicinity of 305 Burnet Hills Drive, Burnet, Texas. Judge Oakley, stated that the County Attorney was aware of this and asked where was the funding coming from. Commissioner Wall, was going to hand demolition this and at this time would not require County funds to pay for this process. Commissioner Joe Don Dockery, stated if he needed any assistance in helping complete this task to please reach out. 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the authorization for Commissioner Billy Wall on behalf of the county to demolish and remove abandoned and dilapidated mobile home found on a public easement in the vicinity of 305 Burnet Hills Drive, Burnet, Texas.

Vote: 5 - 0 Passed - Unanimously

The Court discussed authorization for Burnet County Precinct 4 to operate county equipment on the property owned by the Marble Falls Rodeo Association, an non-profit organization for the purposes of arena preparation to benefit of a all citizens of Burnet County and serving a public purpose

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve authorization for Burnet County Precinct 4 to operate county equipment on the property owned by the Marble Falls Rodeo Association, an non-profit organization for the purposes of arena preparation to benefit of a all citizens of Burnet County and serving a public purpose

Vote: 5 - 0 Passed - Unanimously

The Court discussed the haul off & disposal overages associated with the contract labor agreement with BTM T5 Svcs for demolition and haul off at 212 Vera, Spicewood, Tx Commissioner Dockery, stated the overages came from the inside of the property since no one could go inside due to contamination. The funds in the amount of $1932.10 would come out of the unallocated funds to pay for the overages. Commissioner Dockery, requested for BTM T5 Services. 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the haul off & disposal overages associated with the contract labor agreement with BTM T5 Svcs for demolition and haul off at 212 Vera, Spicewood, Tx. Commissioner Dockery, requested a hand check for BTM T5 Services.

Vote: 5 - 0 Passed - Unanimously

The Court discussed setting of building permit fees for Burnet County. Commissioner Dockery, requested that the increase go from a 25.00 fee to a 100.00 fee. Herb Darling, Developmental Service, spoke to the court about different cost for different permits. Mr. Darling also presented cost that surrounding Counties charge for permits. Judge Oakley, stated the County Attorney needs to review the statute that authorizes the County to charge permit fees. Mr. Darling requested to create a committee to help him create a new fee process with Commissioners Dockery and Beierle. 

The Court took no action

The Court discussed accepting the Governor’s Office County Essentials grant for the San Saba County Capital Murder and to approve and sign the MOU with San Saba County in order to submit payment requests on behalf of San Saba County and to pay San Saba County upon deposit of the requested funds.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the Governor’s Office County Essentials grant for the San Saba County Capital Murder and to approve and sign the MOU with San Saba County in order to submit payment requests on behalf of San Saba County and to pay San Saba County upon deposit of the requested funds.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the final plat approval for the Barn Divide subdivision, public subdivision consisting of 4 lots on 16.49 acres, located at 600 CR 414.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the final 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

The Court discussed the Request for Variance/Exemption from Subdivision Regulations for the division of 216.37 acres currently owned by the four (4) member JMCS, LLC. With each member owning one quarter undivided interest in the 216.37 acres.  Due to a Agreement to Partition executed by the four members, the 216.37 acres is required to be divided into two (2) lots so each half can be refinanced by separate lenders.  Article 1, Section 9.H of the Subdivision Regulations allows for the exemption of a division of a tract into two (2) or more parts which two (2) or more owners have an undivided interest.

Judge Oakley stated that on the Agenda it states 2116.37 acres when the correct amount is 216.37 acres as it was a typing error. Herb Darling, Development Services stated  this would be a straight exemption as they are dissolving an LLC. 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Request for Variance/Exemption from Subdivision Regulations for the division of 216.37 acres currently owned by the four (4) member JMCS, LLC. With each member owning one quarter undivided interest in the 216.37 acres. Due to a Agreement to Partition executed by the four members, the 2116.37 acres is required to be divided into two (2) lots so each half can be refinanced by separate lenders. Article 1, Section 9.H of the Subdivision Regulations allows for the exemption of a division of a tract into two (2) or more parts which two (2) or more owners have an undivided interest.

Vote: 5 - 0 Passed - Unanimously

The Court discussed creating a two acre tract out of the O.R. DeSpain Survey, out of a 171.2 acre tract. 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request for a variance from the Burnet County Subdivision Regulations for a 2 acre tract of land out of the O.R. DeSpain Svy., out of a 171.2 acre tract, located at 14230 S. FM 1174

Vote: 5 - 0 Passed - Unanimously

The Court discussed building permits for the Spicewood Trail Subdivision. Herb Darling, Development Services, stated that the water source is limited since the water quality test failed. Mr. Darling stated they were issued to utilize 7 acre feet and, they used 25 acre feet. Judge Oakley asked if the County Attorney was aware of this issue. Mr. Darling stated he informed the County Attorney and advised that we should let the public know. Judge Oakley recommended that the County Attorney weigh in heavily and work with the water district to see what action can be taken. 

The Court took no action.
Mr. Darling stated he wanted to inform the Court that there maybe action needed at a later date.

The Court discussed the written request from Eldon Box, Trustee of the Thelma Peacock Box Living Trust to waive penalties and interest at Property ID#30858. Stan Hemphill, Chief Appraiser, stated he was recently made aware of this request. Mr. Hemphill read the code about waiving penalties and interest and stated that the appraisal district made no mistake therefore the penalties would not be removed. 

The Court took no action.

The Court discussed the written request from Thomas and Diane Sanders to waive penalties and interest at Property ID 65604. Stan Hemphill, Chief Appraiser, stated that his office made no error as they sent the tax statement on file.  

The Court took no action.

The Court discussed overtime pay for Development Services Employees. Herb Darling, Development Services, requested four extra hours a week for two employees totaling eight hours per week be approved for overtime. Karin Smith, County Auditor, informed the Court that there is a restricted fund with approximately 13,000.00 that could be used for this request out of the Cap Cog 911 Emergency Fund. 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve overtime pay for Development Services employees. The funds are to come out of the Cap Cog 911 Emergency Fund. There will be no more than eight hours of overtime allowed per week and this will only be funded through this years fiscal budget.

Vote: 5 - 0 Passed - Unanimously

The Court discussed enforcement action pursuant to Article 4, 5 (a) and (b) of the Burnet County Subdivision Regulations and Chapter 232.005 of the Texas Local Government Code relating to the possible “illegal” subdivision of BCAD parcel #104817

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to have the County Attorney take enforcement action pursuant to Article 4, 5 (a) and (b) of the Burnet County Subdivision Regulations and Chapter 232.005 of the Texas Local Government Code relating to the possible “illegal” subdivision of BCAD parcel #104817

Vote: 5 - 0 Passed - Unanimously

The Court discussed the final plat approval of Hurst Place, Phase 4, a private subdivision consisting of 12 lots on 86.70 acres located at 5840 CR 202.

The Court took no action.

The Court discussed approval to extend the current contract for the County Bank Depository. Karrie Crownover, County Treasure, recommended to the Court to extend the current contract for the County Bank Depository with BanCorp South Bank. 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to extend the current contract for the County Bank Depository

Vote: 5 - 0 Passed - Unanimously

The Court discussed Department Updates.
   a.Approval of Treasurer’s Monthly Report – February 2021

 Karrie Crownover, County Treasurer, presented the Treasurer's report for February 2021 to the Court. 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Treasurer’s Monthly Report - February 2021.

Vote: 5 - 0 Passed - Unanimously

The Court took no action on this agenda item.

The Court took no action on this agenda item.

The Court took no action on this agenda item.

The Court discussed any topics related to the COVID-19 Virus. Judge Oakley, updated the Court on COVID-19 stating the County's clinics have been very successful. 

The Court took no action.

The Court discussed disposition of various abandoned items at the old land fill location. Commissioner Dockery, presented to the Court the cost of having a dumpster and equipment to clean up abandon items at the old land fill location. Judge Oakley asked that these funds be used out of the unallocated account. Mr. Dockery requested that the County extend the amount up to 2500.00 to cover the expenses. 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve disposition of various abandoned items at the old land fill location.

Vote: 5 - 0 Passed - Unanimously

The Court discussed acknowledgment of receipts.
 a. Dec. 2020, Jan, and Feb. response times reports from the Burnet FD
 b. MIS Summary report Oct. 2020 – Feb. 2021
 c. Burnet County Emergency Svcs. Association Fire-EMS-Communication
 d. Year-end financial audit from Cottonwood Shores VFD

Judge Oakley added to the acknowledgment of receipts letter e. letter from the DPS stating that there will be an audit for compliance of the driver act in 1994. 

The Court discussed contracts, agreements or grants to be approved and/or ratified.
 a. Annual Inter local paving agreement with the City of Cottonwood Shores
 b. Order approving the Inter local paving agreement with the City of Cottonwood Shores
 c. Annual Inter local paving agreement with the City of Marble Falls
 d. Order approving the Inter local paving agreement with the City of Marble Falls
 e. Contract labor agreement with JH Miller Company LLC for concrete projects for Pct. 3.
 f.Contract labor agreement with DIJ Construction for striping of CR 402 & 401N.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Annual Inter local paving agreement with the City of Cottonwood Shores, Order approving the Inter local paving agreement with the City of Cottonwood Shores, Annual Inter local paving agreement with the City of Marble Falls, Order approving the Inter local paving agreement with the City of Marble Falls, Contract labor agreement with JH Miller Company LLC for concrete projects for Pct. 3 Contract labor agreement with DIJ Construction for striping of CR 402 & 401N.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the Consent Agenda.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the Consent Agenda and its entirety.

Vote: 5 - 0 Passed - Unanimously

The Court discussed Calendar Review

The Court discussed the Acknowledgement of Receipts. Approval of Treasurer’s Monthly Report – January 2021, Texas Wildlife Services Program’s MIS Monthly Summary, Acknowledgement from Texas Commission on Jail Standards, a Certificate of Compliance for the Burnet County Jail. Herb Darling, Development Services, spoke to the Court about renewing the Burnet County Hazard Mitigation plan. 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve requests for proposals for the Burnet County Hazard Mitigation Plan.

Vote: 5 - 0 Passed - Unanimously

As there was no further business to discuss, the Court adjourned at 11:20 a.m.

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