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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 27 day of April 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
Absent:
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
Attendees:
Brittney Smith, Clerk
 
AGENDA
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 27, 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 hosting a household hazardous waste collection or BOPATE event, Saturday October 16, 2021. (Dockery)
 
5. Discussion and/or action regarding the request to purchase a scanner for the Human Resource Department and the County Judge’s Office out of Records Management.  (Oakley)
 
6. Discussion and/or action regarding the request to lease a new Xerox machine for the District Clerk’s Office. (Oakley)
 
7. 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)
 
8. Discussion and/or action concerning a replat of lots (Ranch) 183,184 and 186 of River Hills Ranches, Phase 2_B. A road re-alignment in the Lampasas County portion of the lots is cause for a lot line adjustment. No lot lines in Burnet County will change. (Beierle)
 
9. Discussion and/or action concerning the preliminary plat approval of Reed Ranch Estates, a private subdivision consisting of 9 lots on 240 acres, located at 8701 Hwy 29 W. (Luther)
 
10. Discussion and/or action regarding concerning the final plat approval of Big Creek Ranch, Phase 1, a private subdivision consisting of 140 lots on 537.449 acres, located at 6666 Cedar Ridge Trail. (Luther)
 
11. Discussion and/or action concerning a preliminary plat approval for Serenity Springs, Phase 2, a private subdivision consisting of 55 lots on 163.49 acres located 4559 CR 201, Liberty Hill. (Beierle)
 
 
 
12. Discussion and/or action concerning request for a variance from the Burnet County Subdivision Regulations by Gary and Marie Combs for a 4.80 acre tract out of a 67.532 acre tract located at 6024 CR 211. (Beierle)
 
13. Discussion and/or action concerning the preliminary plat approval of Miller Creek Ranch, Phase 6, a private subdivision consisting of 19 lots on 399.10 acres located at the intersection of CR 224 W and 225. (Beierle)
 
14. Discussion and/or action concerning enforcement action pursuant to Article 4, Section 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 #73554. (Luther)
 
15. Discussion and/or action concerning any topics related to the COVID – 19 virus.
 
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. 
 
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.
 
19. Discussion and/or action regarding Department Updates: (Oakley)
      a. approval of Treasurer’s Monthly Report – March 2021
      b. acceptance of Treasurer’s Quarterly Investment Report – Q2 FY21
           
20. Acknowledgement of Receipt:
      a. Receipt of year-end financial audit from Hoover Valley VFD & ESD #8
      b. Receipt of FY20 financial statements for ESD 1
      c. Receipt of the mid-year update from MFAEMS
      d. Receipt of quarterly reports from Cottonwood Shores VFD
 
 
 
 21. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       (Oakley)
  1. Approval of the Independent Contractor Agreement for Vetride : Paul Figel
  2. Approval of the Independent Contractor Agreement for Vetride : Lynn Winkler
  3. Interlocal agreement between Burnet County & City of MF for consolidation jury mgmt.
 
22. Discussion and/or action concerning calling for Bids and Bid openings, request for  proposals/qualifications and related openings (Oakley)
 
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
 
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Commissioner Beierle, led the Court in Invocation and Pledge of Allegiance to the flags.
 
Item #3:
Public Comments
Judge Oakley opened the floor to comments from the public.

Mary Ann Atwood, Treasure for Mill Creek Ranch Property Owners Association, updated the Court regarding the road maintenance agreement. The POA voted on adding language for upkeep for the roads and do not have a signed agreement for the roads. 

Commissioner Beierle, voted this morning and stated he had a wonderful experience. 

Commissioner Dockery is Present.
 
Item 10:
Final Plat
Big Creek Ranch
The Court discussed the final plat approval of Big Creek Ranch, Phase 1, a private subdivision consisting of 140 lots on 537.449 acres, located at 6666 Cedar Ridge Trail. Herb Darling, Development Services, informed the Court that the address listed on the agenda item is to give an estimated location of where the property is. Mr. Darling uses this process since you can not assign a 911 address to raw land. Mr. Darling reported no information is available for the maintenance and construction bonds at this time. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat approval of Big Creek Ranch, Phase 1, a private subdivision consisting of 140 lots on 537.449 acres, located at 6666 Cedar Ridge Trail.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Preliminary Plat
Serenity Springs
The Court discussed the preliminary plat approval for Serenity Springs, Phase 2, a private subdivision consisting of 55 lots on 163.49 acres located 4559 CR 201, Liberty Hill. Herb Darling, Development Services, made the Court aware that the Consultants review of the Ground Water Availability Study may not support what the Ground Water Availability Study says. Judge Oakley asked if Burnet County had approval from Williamson County for road access to the subdivision. Mr. Darling said this would be worked out before this went to final plat approval.  
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the preliminary plat approval for Serenity Springs, Phase 2, a private subdivision consisting of 55 lots on 163.49 acres located 4559 CR 201, Liberty Hill.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Replat of Lots
River Hills Ranches
The Court discussed a replat of lots (Ranch) 183,184 and 186 of River Hills Ranches, Phase 2_B. A road re-alignment in the Lampasas County portion of the lots is cause for a lot line adjustment. No lot lines in Burnet County will change. Herb Darling, Development Services, spoke with Janet Parker, County Clerk and agreed that there should be a replat filed in Burnet County, so it will be concurrent with Lampasas County plat. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve replat of lots (Ranch) 183,184 and 186 of River Hills Ranches, Phase 2_B. A road re-alignment in the Lampasas County portion of the lots is cause for a lot line adjustment. No lot lines in Burnet County will change.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Final Plat
Hurst Place
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. Herb Darling, Development Services, informed the Court that the bonding was approved in the prior meeting in March 2021.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve 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.

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Preliminary Plat
River Hills Ranches
The Court discussed the preliminary plat approval of Reed Ranch Estates, a private subdivision consisting of 9 lots on 240 acres, located at 8701 Hwy 29 W. Judge Oakley stated for the record that this is for Phase 1. Herb Darling, Development Services, stated the water source will be from the City of Burnet. Mr. Darling informed the Court that the Reeds were originally granted three water taps from the City of Burnet, and when Phase 2 is formed there will be negotiation with the City of Burnet for water supply. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the preliminary plat approval of Reed Ranch Estates, a private subdivision consisting of 9 lots on 240 acres, located at 8701 Hwy 29 W.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Preliminary Plat
Miller Creek Ranch
The Court discussed the preliminary plat approval of Miller Creek Ranch, Phase 6, a private subdivision consisting of 19 lots on 399.10 acres located at the intersection of CR 224 W and 225.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the preliminary plat approval of Miller Creek Ranch, Phase 6, a private subdivision consisting of 19 lots on 399.10 acres located at the intersection of CR 224 W and 225.

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Request for Variance
The Court discussed the request for a variance from the Burnet County Subdivision Regulations by Gary and Marie Combs for a 4.80 acre tract out of a 67.532 acre tract located at 6024 CR 211. Herb Darling, Development Services, recommended approval of this variance. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the preliminary plat approval of Miller Creek Ranch, Phase 6, a private subdivision consisting of 19 lots on 399.10 acres located at the intersection of CR 224 W and 225.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #4:
BOPATE Event
The Court discussed regarding hosting a household hazardous waste collection or BOPATE event, Saturday, October 16, 2021. Commissioner Dockery, spoke about hosting a BOPATE event or a full HHW Event. Mr. Dockery stated the County has not hosted an event since 2018. Mr. Dockery stated that we need $75,000 a HHW Event. Commissioner Beierle wants to start campaigning to advertise for funding. Judge Oakley, wants to take steps to move forward to be able to host this event in October 2021. 
 

The Court took no action

 
Item #5:
Purchase
The Court discussed regarding the request to purchase a scanner for the Human Resource Department and the County Judge’s Office out of Records Management. Karin Smith, County Auditor, informed the Court that the cost of the machines were 606.50 each.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the request to purchase a scanner for the Human Resource Department and the County Judge’s Office out of Records Management.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #6:
Lease Renewal
Xerox Machine
The Court discussed the request to lease a new Xerox machine for the District Clerk’s Office. Karin Smith, County Auditor, recommenced that with the volume the County renews the lease for 60 months at 140.50 per month.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the request to lease a new Xerox machine for the District Clerk’s Office.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
Possible Illegal Subdivision
The Court discussed enforcement action pursuant to Article 4, Section 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 #73554. Commissioner Luther, said this is the second time of an illegal sale and recommended that the County Attorney move forward on this matter. 

Commissioner Dockery, said the Commissioners may need to work with the County Attorney to prepare a letter to send to all surveyors and title companies to try to prevent this from happening any further. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve enforcement action pursuant to Article 4, Section 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 #73554.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
COVID-19 Virus
The Court discussed any topics related to the COVID – 19 virus. Judge Oakley informed the Court that the next vaccination clinic will be held May 10th. Cases are still being reported. The COVID-19 Virus has resulted in the American Recovery Plan Act from the Biden administration. Burnet County eligible to receive $9.3 million dollars. The Court is still awaiting the criteria of what the funds can be used for. Karin Smith, County Auditor, has never seen funding in this amount before and said there are multiple grants that can be applied for in multiple areas. Judge Oakley, wanted to give the County Auditors Office approval to apply for any grants deemed necessary or applicable under the American Recovery Plan Act. 
 

, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve authorization for the Auditors Office to apply for any grant that Judge Oakley, and Karin Smith deem necessary or applicable for the County's need under the American Recovery Plan Act of 2021.

Vote: 5 - 0 Passed - Unanimously

 

, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve expending $182,500.00 out of the $9.2 million dollars for machinery and equipment, technology equipment, licensing fees and audiovisual equipment for the Agrilife Building to help the Courts conduct in a safer environment.

Vote: 5 - 0 Passed - Unanimously

 
The Court Recessed at 10:00 a.m.
 
The Court Reconvened at 10:05 a.m.
 
Item #16:
Executive Session
The Court took no action.
 

The Court took no action.

 
Item #17:
Executive Session
The Court took no action.
 
Item #18:
Executive Session
 

The Court took no action.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Department Updates
The Court discussed Department Updates.
a. Approval of Treasurer’s Monthly Report — March 2021
b. Acceptance of Treasurer’s Quarterly Investment Report — Q2 FY21

Stephanie McCormick, advised the Court of some legislative issues that could affect the Courts fees, and negatively affect revenue streams. 

Karrie Crownover, County Treasure presented the Treasures Monthly report for March 2021 and the Treasurer’s Quarterly Investment Report – Q2 FY21.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Treasurer’s Monthly Report – March 2021, and accept the Treasurer’s Quarterly Investment Report – Q2 FY21.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Acknowledgment of Receipts
The Court discussed Acknowledgement of Receipts
  a. Receipt of year-end financial audit from Hoover Valley VFD & ESD #8
  b. Receipt of FY20 financial statements for ESD 1
  c. Receipt of the mid-year update from MFAEMS
  d. Receipt of quarterly reports from Cottonwood Shores VFD
 
Item #21:
Contracts, Agreements, or Grants
The Court discussed contracts, agreements or grants to be approved and/or ratified:
  a. Approval of the Independent Contractor Agreement for Vetride : Paul Figel
  b. Approval of the Independent Contractor Agreement for Vetride : Lynn Winkler
  c. Interlocal agreement between Burnet County & City of MF for consolidation jury mgmt.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Independent Contractor Agreement for Vetride : Paul Figel, the Independent Contractor Agreement for Vetride : Lynn Winkler, Interlocal agreement between Burnet County & City of MF for consolidation jury mgmt.

Vote: 5 - 0 Passed - Unanimously

 
Item #22:
Call for Bids
The Court took no action on this item.
 
 
Item #23:
Consent Agenda
The Court discussed the Consent Agenda and require no deliberation by the Commissioner’s Court. Any item from this agenda may be considered separately:
  a. Consideration and approval of any pending personnel issues within the policy.
  b. Payroll approval/Personnel Action Form Approval
  c. Consideration and approval concerning budget amendments.
  d. Consideration and approval concerning budget line item transfers.
  e. Consideration and authorization of payment of claims previously approved by the County Auditor.
  f.  Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
  g. Consideration and approval regarding Departmental equipment requests and/or property transfers.
  h. Correspondence.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr.,  to accept the consent agenda and its entirety with the addition for a hand check for Meadowlakes Country Club in the amount of $50.00

Vote: 5 - 0 Passed - Unanimously

 
Item #24:
Previous Agenda Items
There were no previous items to discuss.
 
Item #25:
Calendar Review
The Court discussed Calendar Review
 
Item #29:
Adjournment
As there was no further business to discuss, the Court adjourned at 10:40 a.m.