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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 22 day of June 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
Attendees:
Brittney Smith, Clerk
 
AGENDA
REGULAR MEETING DATE: Tuesday, June 22, 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 from the County Extension Agent Kelly Tarla, to also include updates about the State 4-H Roundup (Oakley)
 
5. Presentation from Central Texas Water Coalition (CTWC) on topics surrounding the Highland Lakes and the Colorado River (Oakley)
 
6. Discussion and/or action regarding approval by Burnet County to the development of the Thunder Rock Subdivision in Marble Falls, Texas in which Burnet County owns a 1.2 acre piece of property. Approval requires signature of County Judge on all plat documents and the land use applications to be filed with the City of Marble Falls (Dockery/Arredondo)
 
7. Discussion and/or action concerning adopting a supplement to the Burnet County Transportation Plan as provided by CAMPO to include a proposed alignment for the previously depicted additional bridge crossing over the Colorado River connecting SH71 to RM 1431 (Oakley)
 
8. Discussion and/or action regarding FY 22 Budget topics (Oakley)
 
9. Discussion and/or action regarding the approval of a Work Order No.18-132C for revisions to legal description of a tract of land from the Collier property, allowing for a survey for a proposed new road construction (Luther)
 
10. Discussion and/or action regarding the State of Texas Federal Surplus Application for Eligibility which is required for the county’s continued use of the program (Oakley/Smith)
 
11. Discussion and/or action regarding the funding for the License Plate Reader (LPR) for the remainder of the budget year for Constable Pct. #4 (Dockery)
 
12. Discussion and/or action concerning the release of the maintenance portion of Cash Bond #18-6-12 in the amount of $29, 775.00 for 7 Creeks Ranch, Phase 4 (Beierle)
 
13. Discussion and/or action concerning the acceptance of Cash Bond #6-22-21 in the amount of $546,076.20 for roads and drainage for Reed Ranch Estates Phase 1 (Luther)
 
14. Discussion and/or action concerning an amended plat for Big Creek Ranch Phase 1 to correct a Scriveners error (Luther)
 
15. Discussion and/or action concerning a request for variance from the Burnet County Subdivision Regulations by William B. Thomas for approximately 6.5 acres out of a 14.16 tract of land located at 4768 FM 2340 (Beierle)
 
16. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by William Neusch for a 7.231 acre tract out of a 600.27 acre tract recorded in 202005833 Official Public Records of Burnet County, located at approximately 1539 CR 200B (Beierle)
 
17. Discussion and/or action concerning a replat of lots 10A, and 10B Miller Creek Ranch Phase 1 to be known as lots 10A-1, 10A-2, and 10B-2, Miller Creek Ranch Phase 1 (Beierle)
 
18. Discussion and/or action concerning a replat of lots 473-476, Spicewood Beach, to be known as lots 473A and 475A, Spicewood Beach (Dockery)
 
19. Discussion and/or action concerning the preliminary plat approval of The Point, a private subdivision consisting of 67 lots on 242.09 acres located at the intersection of CR 274 and CR 276 (Beierle)
 
20. Discussion and/or action concerning the replat of lots 205-207 Silver Creek Village Unit One, to be known as lots 207A and 205A, Silver Creek Village, Unit One (Luther)
 
21. Discussion and/or action concerning replat of lots 8 and 9 Miller Creek Ranch Phase 1, to be known as lots 8A, 8B, 9A, 9B, and 9C, Miller Creek Ranch, Phase 1 (Beierle)
 
22. Discussion and/or action regarding the request to add Scott Green as a Reserve Deputy for Constable Pct. 3 (Oakley/C. Leake)
 
23. Discussion and/or action concerning any topics related to the COVID – 19 virus.
 
24. 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).   
           
25. Reconvene in Open Session. 
 
26. 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.
 
27. Discussion and/or action regarding Department Updates: (Oakley)
           
 
28. Acknowledgement of Receipt:
    a. Financial Statements and request for funding from HCCAC
    b. Update report from Marble Falls Area EMS from June 16, 2021
    c. EOY 2020 financial statements for ESD 5
           
 
29. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
  1. Inmate housing agreement with Orange County
 
 
30. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
             
 
31. 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:

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.
           
32. Discussion regarding any previous agenda items.
 
33. Calendar Review.
 
34. 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 9:00 a.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
There were no comments from the public.
 
Item #4:
Presentation
State 4-H Roundup
Kelly Tarla, County Extension Agent, presented updates to the Court about the State 4-H Roundup. Ms. Tarla spoke about what the 4-H students competed in as well as what they placed in their division.  Burnet 4-H placed overall second place in state and two of the students received scholarships totaling up to an amount of $30,000.00. Commissioner Dockery, thanked the students for showing great leadership in our community and for representing Burnet County so well. 
 
Item #5:
Presentation
Central Texas Water Coalition
The Court heard a Presentation from Central Texas Water Coalition (CTWC) on topics surrounding the Highland Lakes and the Colorado River. Jo Karr Tedder, President, spoke to the Court introducing new board members of the Central Texas Water Coalition. Ms. Tedder, presented different charts showing the water usage and the water inflow averages from 1942 to 2021. CTWC is working on a new system that will measure daily water inflow from gages that will provide a more accurate measurement of the water that is coming into the Highland Lakes water system. Commissioner Dockery, stated he would like to see the growth from the area incorporated into the new water management program. 
 
Item #6:
Approval
Thunder Rock Subdivision
The Court discussed approval by Burnet County to the development of the Thunder Rock Subdivision in Marble Falls, Texas in which Burnet County owns a 1.2 acre piece of property.  Approval requires signature of County Judge on all plat documents and the land use applications to be filed with the City of Marble Falls. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the development of the Thunder Rock Subdivision in Marble Falls, Texas in which Burnet County owns a 1.2 acre piece of property. Approval requires signature of County Judge on all plat documents and the land use applications to be filed with the City of Marble Falls

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Cash Bond
7 Creeks Ranch
The Court discussed the release of the maintenance portion of Cash Bond #18-6-12 in the amount of $29,775.00 for 7 Creeks Ranch, Phase 4.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to release the maintenance portion of Cash Bond #18-6-12 in the amount of $29,775.00 for 7 Creeks Ranch, Phase 4.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #13:
Cash Bond
Reed Ranch Estates
The Court discussed the acceptance of Cash Bond #6-22-21 in the amount of $546,076.20 for roads and drainage for Reed Ranch Estates Phase 1.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the Cash Bond #6-22-21 in the amount of $546,076.20 for roads and drainage for Reed Ranch Estates Phase 1.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #14:
Amended Plat
Big Creek Ranch
The Court discussed an amended plat for Big Creek Ranch Phase 1 to correct a Scriveners error. Herb Darling, Development Services, spoke saying that the error occurred when the utility easement was left off of lots 65 and 66. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve an amended plat for Big Creek Ranch Phase 1 to correct a Scriveners error.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Variance
William B. Thomas
The Court discussed a request for variance from the Burnet County Subdivision Regulations by William B. Thomas for approximately 6.5 acres out of a 14.16 tract of land located at 4768 FM 2340.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request for variance from the Burnet County Subdivision Regulations by William B. Thomas for approximately 6.5 acres out of a 14.16 tract of land located at 4768 FM 2340.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Variance
William Neusch
The Court discussed a request for a variance from the Burnet County Subdivision Regulations by William Neusch for a 7.231 acre tract out of a 600.27 acre tract recorded in 202005833 Official Public Records of Burnet County, located at approximately 1539 CR 200B.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve a request for a variance from the Burnet County Subdivision Regulations by William Neusch for a 7.231 acre tract out of a 600.27 acre tract recorded in 202005833 Official Public Records of Burnet County, located at approximately 1539 CR 200B.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Replat
Miller Creek Ranch
The Court discussed a replat of lots 10A, and 10B Miller Creek Ranch Phase 1 to be known as lots 10A-1, 10A-2, and 10B-2, Miller Creek Ranch Phase 1. Herb Darling, Development Services, recommended that the Court not approve at this time. 
 

The Court took no action on this agenda item.

 
Item #18:
Replat
Spicewood Beach
The Court discussed a replat of lots 473-476, Spicewood Beach, to be known as lots 473A and 475A, Spicewood Beach.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of lots 473-476, Spicewood Beach, to be known as lots 473A and 475A, Spicewood Beach.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Preliminary Plat
The Point
The Court discussed the preliminary plat approval of The Point, a private subdivision consisting of 67 lots on 242.09 acres located at the intersection of CR 274 and CR 276. Judge Oakley requested Commissioner Beierle, and Herb Darling, Development Services, verify the right of way on the County Road. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: County Judge James Oakley to approve the preliminary plat approval of The Point, a private subdivision consisting of 67 lots on 242.09 acres located at the intersection of CR 274 and CR 276.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Replat
Silver Creek Village
The Court discussed the replat of lots 205-207 Silver Creek Village Unit One, to be known as lots 207A and 205A, Silver Creek Village, Unit One.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of lots 205-207 Silver Creek Village Unit One, to be known as lots 207A and 205A, Silver Creek Village, Unit One.

Vote: 5 - 0 Passed - Unanimously

 
Item #21:
Replat
Miller Creek Ranch
The Court discussed replat of lots 8 and 9 Miller Creek Ranch Phase 1, to be known as lots 8A, 8B, 9A, 9B, and 9C, Miller Creek Ranch, Phase 1.
 

The Court took no action on this agenda item.

 
Item #22:
Request for Reserve Deputy
Scott Green
The Court discussed the request to add Scott Green as a Reserve Deputy for Constable Pct. 3
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the request to add Scott Green as a Reserve Deputy for Constable Pct. 3.

Vote: 5 - 0 Passed - Unanimously

 
Item #29:
Contracts, Agreements, or Grants
The Court discussed Inmate housing agreement with Orange County.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Inmate housing agreement with Orange County.

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
COVID-19 Virus
The Court discussed any topics related to the COVID-19 virus. Judge Oakley, informed the Court that vaccines are still readily available. 
 

The Court took no action on this agenda item.

 
Item #24:
Executive Session
 

The Court took no action on this agenda item.

 
Item #25:
Executive Session
 

The Court took no action on this agenda item.

 
Item #26:
Executive Session
 

The Court took no action on this agenda item.

 
Item #27:
Department Updates
Herb Darling, Development Services, spoke to the Court regarding the growth and effects from the Toll Road 183a being expanded. 
 

The Court took no action on this agenda item.

 
Item #29:
Contracts, Agreements, or Grants
Karin Smith, County Auditor, requested that the Court go back to this agenda item. Ms. Smith, apologized to Judge Nelson for missing her request to the Court. Judge Nelson, requested funds for training in Odyssey case management. Judge Nelson has the funds to pay for the training out of her training line item.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the funds to be used out of Judge Nelsons training funds account, to train Judge Nelson in the Odyssey computer program.

Vote: 5 - 0 Passed - Unanimously

 
Item #28:
Acknowledgment of Receipts
The Court discussed Acknowledgement of Receipts, Financial Statements and request for funding from HCCAC, Update report from Marble Falls Area EMS from June 16, 2021, EOY 2020 financial statements for ESD 5.
 
 
Item #30:
Call for Bids
The Court discussed call for bids. Judge Oakley stated the County needed to go out for bid for the Jails water management plan. 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to go out for bids for the jails water management plan.

Vote: 5 - 0 Passed - Unanimously

 
Item #31:
Consent Agenda
The Court discussed the Consent Agenda.

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., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Consent Agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

 
Item #32:
Previous Agenda Items
The Court took no action on this agenda item. 
 
Item #7:
CAMPO
Burnet County Transportation Plan
The Court discussed adopting a supplement to the Burnet County Transportation Plan as provided by CAMPO to include a proposed alignment for the previously depicted additional bridge crossing over the Colorado River connecting SH71 to RM 1431. Judge Oakley, requested that Greg Hailey with KC Engineering, developed a draft alignment of what the outcome would look like. Judge Oakley requested an electronic version of this document.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to adopt electronically a supplement to the Burnet County Transportation Plan as provided by CAMPO to include a proposed alignment for the previously depicted additional bridge crossing over the Colorado River connecting SH71 to RM 1431.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
FY22 Budget Topics
The Court discussed FY22 Budget Topics. Judge Oakley, spoke stating that they are continuing to work on the budget. 
 

The Court took no action on this agenda item.

 
Item #9:
Proposal New Road
Collier Property

The Court discussed approval of a Work Order No. 18-132C for revisions to legal description of a tract of land from the Collier property, allowing for a survey for a proposed new road construction.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Work Order No. 18-132C for revisions to legal description of a tract of land from the Collier property, allowing for a survey for a proposed new road construction

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #10:
State of Texas Surplus
Application for Eligibility
The Court discussed the State of Texas Federal Surplus Application for Eligibility which is required for the county’s continued use of the program.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the State of Texas Federal Surplus Application for Eligibility which is required for the county’s continued use of the program.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
License Plate Reader
Precinct 4
The Court discussed the funding for the License Plate Reader (LPR) for the remainder of the budget year for Constable Pct. #4. Karin Smith, County Auditor, informed the Court that the funds would come from the unallocated account in the amount of $1,5670.00.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the funding for the License Plate Reader (LPR) for the remainder of the budget year for Constable Pct. #4.

Vote: 5 - 0 Passed - Unanimously

 
Item #33:
Calendar Review
The Court discussed calendar review.
 
Item # :
Adjournment
The Court Adjourned at 11:30 a.m.