REGULAR MEETING DATE: Tuesday, July 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. Presentation of a Proclamation for July being “Watch Your Car Month” (Oakley)
 
5. Discussion and/or action regarding use of county labor and equipment from Pct. 2 Road and Bridge to clean out drainage ditch on private property owned by Charles Phillip Rodgers for the express purpose of removing silted blockage that causes direct deterioration to CR 252 surface and right of way during rainfall events (Beierle)
 
6. Discussion and/or action for the approval to apply for a grant from LCRA Community Development Partnership Program. Maximum $25,000 with 20% match. Project to include Swift Water Training and equipment, AEDs, IFAK medical kits (Oakley/Smith)
 
7. Discussion and/or regarding the optional county fee changes report for FY22 requested by Texas Dept. of Motor Vehicles (Oakley/Smith)
 
8. Discussion and/or action regarding FY 22 Budget topics (Oakley)
 
9. Discussion and/or action concerning nominations of candidates to be elected by taxing entities to have on the Burnet Central Appraisal District Board (Oakley)
 
10. Discussion and/or regarding the approval to apply for the Ladd and Katherine Hancher Library Foundation grants for Bertram library.  Applications will be for computers for technology updates for Public Internet, Public Access Catalog, Circulation and staff computers (Oakley/Smith)
 
11. Discussion and/or action regarding the approval and adoption of the Letter of Map Revision for the Inks Lake Floodway, FEMA case #21-06-1501P (Oakley)
 
12. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Lafawn Ribera for an approximately 16.5 acre tract out of an approximately 130 acre tract located in the 4500 block of CR 108 (Luther)
 
13. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Scott Green for a 7+/- acre tract out of 124.5 +/- acres located in the 14000 block of FM 1174 South (Wall)
 
14. Discussion and/or action concerning the preliminary plat approval for Robison Ranch, a private subdivision consisting of 6 lots on 42.29 acres located 515 CR 330A (Wall)
 
15. 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, 10B-1, 10B-2 and 10B-3, Miller Creek Phase 1.  There is approximately 600’ of new road (Beierle)
 
16. Discussion and/or action concerning the final plat approval for Hurst Place, Phase 5, a private subdivision consisting of 17 lots on 127.41 acres, located in the 5900 block of CR 202 (Beierle)
 
17. Discussion and/or action concerning the final plat approval for Serenity Springs, Phase 1, a private subdivision consisting of 6 lots on 92.96 acres, of which 18.59 acres in in Burnet County with the remainder in Williamson County, located at 4559 CR 201, Williamson County (Beierle)
 
18. Discussion and/or action concerning the preliminary plat approval for Buena Vista, Section 7, a private subdivision consisting of 1 lot on 3.25 acres, located at 104 Sagebursh Lane, to satisfy LCRA on-site sewage requirements (Luther)
 
19. Discussion and/or action concerning an amended plat for Miller Creek Ranch, Phase 6, pursuant ot Chapter 232.011 of the Texas Local Government Code to correct a clerical or scrivener’s error (Beierle)
 
20. Discussion and/or action concerning a variance request from the Burnet County Subdivision Regulations by Jay Folt to move an existing property line in an unplatted subdivision located at the end of Quail Trail (Luther)
 
21. Discussion and/or action concerning a replat of lots 8 and 9, Miller Creek Ranch, Phase 1, to be known as lots 8-A, 8-B, 9-A, 9-B, and 9-C, Miller Creek Ranch, Phase 1 (Beierle)
 
22. Discussion and/or action for the approval of the template of the updated inmate housing agreement (with rate increase) to be sent to the following counties: Blanco, Ector, Grayson, Hamilton, Hays, Kendall, Kimble, Kinney, Lampasas, Llano, Mason, McCulloch, McLennan, Orange, San Saba, Sutton, Taylor, and Tom Green (Oakley/Capt. Kimbler)
 
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. Certified letter from the City of Marble Falls in reference to a Public Hearing
    b. Cottonwood Shores VFD quarterly reports
    c. Database access agreement between Burnet County Clerk and TDI Title Data
    d. BCAD letter in reference to their proposed budget
           
           
29.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:(Oakley)

1. DIJ Construction for striping 0.9 miles on CR 404
2. Planned maintenance agreement with Clifford Power for generators at the Sheriff’s Office and the Courthouse
3. Cooperative agreement with the City of Burnet and the City of Bertram for Dispatch Services for FY22
4. Cooperative agreement with Texas A&M AgriLife Extension Svc.
5. Contract labor agreement with Bear Communications, Inc. for repairs to three towers: 281 N., Bertram and Watson
6. Contract labor agreement with Elite Castle Resources for repair of damaged guardrail on CR 272 near Bertram
7. Motorola Service Agreement

 
 
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:

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.

           
32. Discussion regarding any previous agenda items.
 
33. Calendar Review.
 
34. 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

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

Commissioner Dockery led the Court in invocation and Pledge of Allegiance to the flags.

Judge Oakley, stated there would be no speaking limit during public comments, so the Court could hear a presentation from PEC. Julie Parsley, Chief Executive Officer, spoke to the Court introducing all the new employees of PEC. Ms. Parsley, informed the Court that PEC is currently servicing 8100 square miles in our area and is working diligently to ensure customers are taken care of with continuing growth in the County. Ms. Parsley informed the Court that Nathan Burns has retired from PEC after 32 years of being with the Company.

Danny Harlow, informed the Court of unsafe road conditions on CR 336, 330, and 334. Mr. Harlow, stated there is a high amount of traffic on the roads from new construction. Judge Oakley, stated that each Commissioner oversees the roads in their precincts, and he cannot speak on this item. Mary Lacheskey, spoke to the Court also regarding the road conditions of CR 336. Ms. Lacheskey, stated the roads are dangerous and thanked Commissioner Wall for what he is trying to do and, requested from the Court that Commissioner Wall have an allocated amount to appropriately fix the roads. 

Commissioner Wall, spoke saying he will do his best with the money that is allocated. Judge Oakley, said the County has redirected funds that are allotted by statute but still honoring the statue to disperse funds to the precincts that do not take in as much revenue. 

The Court took no action on this agenda item.

The Court discussed the final plat for Serenity Springs, Phase 1, a private subdivision consisting of 6 lots on 92.96 acres, of which 18.59 acres in Burnet County with the remainder in Williamson County, located at 4559 CR 201, Williamson County.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the final plat for Serenity Springs, Phase 1, a private subdivision consisting of 6 lots on 92.96 acres, of which 18.59 acres in Burnet County with the remainder in Williamson County, located at 4559 CR 201, Williamson County.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the preliminary plat approval for Buena Vista, Section 7, a private subdivision consisting of 1 lot on 3.25 acres, located at 104 Sagebursh Lane, to satisfy LCRA on-site sewage requirements.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the preliminary plat approval for Buena Vista, Section 7, a private subdivision consisting of 1 lot on 3.25 acres, located at 104 Sagebursh Lane, to satisfy LCRA on-site sewage requirements.

Vote: 5 - 0 Passed - Unanimously

Judge Oakley presented to the court the Proclamation for July being “Watch Your Car Month”.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the Proclamation for July being “Watch Your Car Month”.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the use of county labor and equipment from Pct. 2 Road and Bridge to clean out drainage ditch on private property owned by Charles Phillip Rodgers for the express purpose of removing silted blockage that causes direct deterioration to CR 252 surface and right of way during rainfall events.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve use of county labor and equipment from Pct. 2 Road and Bridge to clean out drainage ditch on private property owned by Charles Phillip Rodgers for the express purpose of removing silted blockage that causes direct deterioration to CR 252 surface and right of way during rainfall events.

Vote: 5 - 0 Passed - Unanimously

The Court discussed applying for a grant from LCRA Community Development Partnership Program.  Maximum $25,000 with 20% match.  Project to include Swift Water Training and equipment, AEDs, IFAK medical kits.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve applying for a grant from LCRA Community Development Partnership Program. Maximum $25,000 with 20% match. Project to include Swift Water Training and equipment, AEDs, IFAK medical kits.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the optional county fee changes report for FY22 requested by Texas Department of Motor Vehicles. Karin Smith, County Auditor, recommeneded the Court adopt the maximum.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve county fee changes report for FY22 requested by Texas Dept. of Motor Vehicles.

Vote: 5 - 0 Passed - Unanimously

The Court discussed nominations of candidates to be elected by taxing entities to have on the Burnet Central Appraisal District Board.

The Court took no action on this agenda item.

The Court discussed the approval to apply for the Ladd and Katherine Hancher Library Foundation grants for Bertram library.  Applications will be for computers for technology updates for Public Internet, Public Access Catalog, Circulation and staff computers.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve applying for the Ladd and Katherine Hancher Library Foundation grants for Bertram library. Applications will be for computers for technology updates for Public Internet, Public Access Catalog, Circulation and staff computers

Vote: 5 - 0 Passed - Unanimously

The Court discussed the approval and adoption of the Letter of Map Revision for the Inks Lake Floodway, FEMA case #21-06-1501P. Herb Darling, Development Services, spoke informing the Court that this is the last process for the map revision. This revision is to detect the spill way levels.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the adoption of the Letter of Map Revision for the Inks Lake Floodway, FEMA case #21-06-1501P.

Vote: 5 - 0 Passed - Unanimously

The Court discussed a request for a variance from the Burnet County Subdivision Regulations by Lafawn Ribera for an approximately 16.5 acre tract out of an approximately 130 acre tract located in the 4500 block of CR 108.

The Court took no action on this agenda item.

The Court discussed a request for a variance from the Burnet County Subdivision Regulations by Scott Green for a 7+/- acre tract out of 124.5 +/- acres located in the 14000 block of FM 1174 South. Herb Darling, Development Services, stated that TX DOT approved the road entrance.

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 by Scott Green for a 7+/- acre tract out of 124.5 +/- acres located in the 14000 block of FM 1174 South.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the preliminary plat approval for Robison Ranch, a private subdivision consisting of 6 lots on 42.29 acres located 515 CR 330A.

The Court took no action on this agenda item.

The Court discussed a replat of lots 10A and 10B, Miller Creek Ranch, Phase 1 to be known as lots 10A-1, 10A-2, 10B-1, 10B-2 and 10B-3, Miller Creek Phase 1.  There is approximately 600’ of new road. Herb Darling, Development Services, informed the Court that this will still be within the groundwater study for the 5 lots, and they are awaiting the performance bond.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a replat of lots 10A and 10B, Miller Creek Ranch, Phase 1 to be known as lots 10A-1, 10A-2, 10B-1, 10B-2 and 10B-3, Miller Creek Phase 1. There is approximately 600’ of new road.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the final plat approval for Hurst Place, Phase 5, a private subdivision consisting of 17 lots on 127.41 acres, located in the 5900 block of CR 202. Herb Darling, Development Services, said the Bond is ready and this is not a cash bond.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the final plat approval for Hurst Place, Phase 5, a private subdivision consisting of 17 lots on 127.41 acres, located in the 5900 block of CR 202.

Vote: 5 - 0 Passed - Unanimously

The Court discussed an amended plat for Miller Creek Ranch, Phase 6, pursuant ot Chapter 232.011 of the Texas Local Government Code to correct a clerical or scrivener’s error. Herb Darling, Development Services, stated the street names were left off of the plat.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve an amended plat for Miller Creek Ranch, Phase 6, pursuant ot Chapter 232.011 of the Texas Local Government Code to correct a clerical or scrivener’s error.

Vote: 5 - 0 Passed - Unanimously

The Court discussed a variance request from the Burnet County Subdivision Regulations by Jay Folt to move an existing property line in an unplatted subdivision located at the end of Quail Trail.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a variance request from the Burnet County Subdivision Regulations by Jay Folt to move an existing property line in an unplatted subdivision located at the end of Quail Trail.

Vote: 5 - 0 Passed - Unanimously

The Court discussed a replat of lots 8 and 9, Miller Creek Ranch, Phase 1, to be known as lots 8-A, 8-B, 9-A, 9-B, and 9-C, Miller Creek Ranch, Phase 1. Judge Oakley, asked if this would still be within the water regulations. Herb Darling, Development Services, informed the Court that this would still be within the water regulations. 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a replat of lots 8 and 9, Miller Creek Ranch, Phase 1, to be known as lots 8-A, 8-B, 9-A, 9-B, and 9-C, Miller Creek Ranch, Phase 1.

Vote: 5 - 0 Passed - Unanimously

The Court discussed any COVID-19 related topics. Judge Oakley, stated there is still a surplus of vaccines and testing is avaliable.

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 took no action on this agenda item.

Herb Darling, Development Services, stated around 6,000 acres that have not gone into the process of preliminary plat.

The Court took no action on this agenda item.

The Court acknowledged the receipts, Certified letter from the City of Marble Falls in reference to a Public Hearing, Cottonwood Shores VFD quarterly reports, Database access agreement between Burnet County Clerk and TDI Title Data, BCAD letter in reference to their proposed budget.

The Court took no action on this agenda item.

The Court discussed contracts, agreements or grants. DIJ Construction for striping 0.9 miles on CR 404, Planned maintenance agreement with Clifford Power for generators at the Sheriff’s Office and the Courthouse, Cooperative agreement with the City of Burnet and the City of Bertram for Dispatch Services for FY22, Cooperative agreement with Texas A&M AgriLife Extension Svc., Contract labor agreement with Bear Communications, Inc. for repairs to three towers: 281 N., Bertram and Watson, Contract labor agreement with Elite Castle Resources for repair of damaged guardrail on CR 272 near Bertram, Motorola Service Agreement.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve contracts, agreements, or grants. DIJ Construction for striping 0.9 miles on CR 404, Planned maintenance agreement with Clifford Power for generators at the Sheriff’s Office and the Courthouse, Cooperative agreement with the City of Burnet and the City of Bertram for Dispatch Services for FY22, Cooperative agreement with Texas A&M AgriLife Extension Svc., Contract labor agreement with Bear Communications, Inc. for repairs to three towers: 281 N., Bertram and Watson, Contract labor agreement with Elite Castle Resources for repair of damaged guardrail on CR 272 near Bertram, Motorola Service Agreement.

Vote: 5 - 0 Passed - Unanimously

The Court had no concerns calling for Bids and Bid openings, request for  proposals/qualifications and related openings

The Court took no action on this agenda item.

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 3 Billy Wall to approve the Consent Agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

The Court had no previous agenda items to discuss.

The Court discussed calendar review.

Judge Oakley, informed the Court that there are two Jury Trials that will last for the remainder of the week and the entire back hallway behind the Courtroom will be blocked off and, no access will be allowed, Judge Oakley asked an officer why the hallway is being blocked off as this has never happened before. The officer's response was so there is no possibility for a mistrial if the jurors were to overhear information that was not intended for them to hear. 

The Court took no action on this agenda item.

Karin Smith, County Auditor, spoke to the Court about request and adjustments that have been made to the FY 22 Budget. Judge Nelson, requested that the Court review the pay for each of the Justice of the Peace Clerks.  Ms. Smith stated she would go over the request with Judge Oakley and, see if the request could be met in the FY 22 Budget. Judge Oakley requested that if anyone had any budget request to please inform the County Auditor so this can be reviewed before the proposed budget is filed.

The Court adjourned at 11:35 a.m.