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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 12th day of October 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 4 Joe Don Dockery
Absent:
Commissioner Precinct 3 Billy Wall
Attendees:
Stephanie McCormick, Comm. Court Coordinator; Janet Parker, County Clerk; Carole Poppema, Assistant County Auditor; Karin Smith, County Auditor
 
REGULAR MEETING DATE: Tuesday, October 12, 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 Texas Parks and Wildlife for updates concerning Inks Lake State Park and Longhorn Caverns State Park (Oakley)

5. Presentation of a Proclamation recognizing October as Manufacturing Month and October 1st as Manufacturing Day across Burnet County (Oakley)

6. Discussion and/or action regarding authorization to apply for firearms training equipment from the National Rifle Association (NRA) on behalf of the Sheriff’s office (Oakley/Smith)

7. Discussion and/or action for the signing of the grant affidavit to certify that the county granted and paid to Williamson Burnet County Opportunities for $10,000 in conjunction with Texas Department of Agriculture 2021 Texans Feeding Texans, to provide home-delivered meals to homebound persons in the county who are elderly and/or have a disability (Oakley/Smith)

8. Discussion and/or action to accept and sign the Statement of Grant Award for the FY 2022 Improvement Grant with Texas Indigent Defense Commission for North Hill Country Public Defender’s Office (Oakley/Smith)

9. Discussion and/or action to use hotel/motel funds to purchase replacement of 1936 Centennial Historical Marker (Oakley/Smith)

10. Discussion and/or action regarding the General and No Litigation Certificate of Burnet County (Oakley)

11. Discussion and/or action concerning request for waiver of late fees on property taxes for ID #114975 (Oakley)

12. Discussion and/or action concerning the release of Maintenance Bond CNB-34860-00 pertaining to roads and drainage in Bertram Creekside Estates (Beierle)

13. Discussion and/or action concerning the release of Cash Maintenance Bond CB 18-12-11 in the amount of $43,245.00 for 7 Creeks Ranch, Phase 5 (Beierle)

14. Discussion and/or action concerning the release of Cash Maintenance Bond CB 19-05-29 in the amount of $40,707.00 for 7 Creeks Ranch, Phase 6 (Beierle)

15. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Henry Hernandez for a 5.01 acre tract out of a 49.99 acre tract, BCAD parcel #50209, located in the 6000 block of CR 120 (Luther)

16. Discussion and/or action concerning the final plat approval of SLM Ranch, a private subdivision consisting of 5 lots on 98.71 acres located in the 4000 block of FM 3509 (Luther)

17. Discussion and/or action concerning the acceptance of Cash Bond CB-21-9-28 in the amount of $192,856.10 for the construction of roads and drainage in the SLM Subdivision Larry and Shirley McNiel and Brian and Amanda Carpenter (Luther)

18. Discussion and/or action concerning the replat of Lots 30 and 31, Whitewater Springs, Section 1 to be known as Lots 30A and 31A, Whitewater Springs, Section 1, to move a common lot line (Wall)

19. Discussion and/or action concerning the final plat approval of The Landing at Lake Travis, Sections 1 and 2, a private subdivision consisting of 86 lots on 170.7 acres located in the 3000 block of CR 410 (Dockery)

20. Discussion and/or action concerning the release of Subdivision Completion Bond #4404810 for Miller Creek Ranch, Phase 6 (Beierle)

21. Discussion and/or action concerning the release of Subdivision Completion Bond #4404822 for Miller Creek Ranch, Phase 1A (Beierle)

22. Discussion and/or action concerning the release of Subdivision Maintenance Bonds CNB-32251-00 and CNB-34149-00 for Cloudwood Ranch, Phases 1 and 2 (Beierle)

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. Travis County Medical Examiner Memo
b. MIS Summary for Oct. 1, 2020 through August 31, 2021

29. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:(Oakley)
  1. approval to sign the non-financial agreement with Williamson County Sheriff’s Office for the FY 2022 Motor Vehicle Crime Prevention Authority Grant Program for the Heart of Texas Auto Theft Task Force for September 1, 2021 – August 41, 2022
  2. ratify signature with Vigilant Solutions service agreement to purchase two License Plate Readers through the FY 21 MVCPA Rapid Response Strikeforce grant. This grant pays 100% of the cost
  3. Contract labor agreement with Ross Construction for roadway paving on CR 410A, to be funded by Pct. 4 R&B

30. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. regarding the award of the Architectural Services RFP

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

 
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 the Invocation and Pledge of Allegiance to the United States and Texas Flags.
 
Item #3:
Public Comments
 There were no comments from the public.
 
Item #4:
Presentation
Texas Parks and Wildlife for Updates
The Court heard a presentation from The Texas Parks and Wildlife for updates concerning Inks Lake State Park and Longhorn Caverns State Park. Barrett Durst, Park Superintendent reported on the increase in the Parks visitation, around 300,000 visitors between the two parks.  Todd McClanahan, Regional Director, reported on the Public Use Plan. 
 
Item #5:
Proclamation
October as Manufacturing Month
The Court received a presentation for the Proclamation recognizing October as Manufacturing Month and October 1st as Manufacturing Day across Burnet County. Paul Fletcher, CEO for Work Force Solutions thanked the Court for recognizing this day. Mr. Fletcher read the Proclamation to the Court. Judge Oakley stated this is not an action item, but the County will recognize this day.
 

The Court took no action on this agenda item.

 
Item #7:
Grant Affidavit
The Court discussed the signing of the grant affidavit to certify that the county granted and paid to Williamson Burnet County Opportunities for $10,000 in conjunction with Texas Department of Agriculture 2021 Texans Feeding Texans, to provide home-delivered meals to homebound persons in the county who are elderly and/or have a disability. Marcos Cruz, Executive Director stated they will be submitting paperwork for continued funding for this program. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the signing of the grant affidavit to certify that the county granted and paid to Williamson Burnet County Opportunities for $10,000 in conjunction with Texas Department of Agriculture 2021 Texans Feeding Texans, to provide home-delivered meals to homebound persons in the county who are elderly and/or have a disability.

Vote: 4 - 0 Passed - Unanimously

 
Item #19:
Final Plat Approval
Landing at Lake Travis, Sections 1
The Court discussed the final plat approval of The Landing at Lake Travis, Sections 1 and 2, a private subdivision consisting of 86 lots on 170.7 acres located in the 3000 block of CR 410. Herb Darling, Development Services reported the septic report was deficient.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the final plat approval of The Landing at Lake Travis, Sections 1 and 2, a private subdivision consisting of 86 lots on 170.7 acres located in the 3000 block of CR 410. Comm. Dockery to withhold his signature subject to Herb Darling, Development Services providing notice that he has satisfactory documentation.

Vote: 4 - 0 Passed - Unanimously

 
Item #18:
Replat
Whitewater Springs, Section 1
The Court discussed the replat of Lots 30 and 31, Whitewater Springs, Section 1 to be known as Lots 30A and 31A, Whitewater Springs, Section 1, to move a common lot line.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Lots 30 and 31, Whitewater Springs, Section 1 to be known as Lots 30A and 31A, Whitewater Springs, Section 1, to move a common lot line.

Vote: 4 - 0 Passed - Unanimously

 
Item #29:
Contracts, Agreements
or Grants
The Court discussed contracts, agreements or grants to be approved and/or ratified: Item C.Contract labor agreement with Ross Construction for roadway paving on CR 410A, to be funded by Pct. 4 R&B. Commissioner Dockery, stated this will help traffic flow and make the road safer. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve Item C. Contract labor agreement with Ross Construction for roadway paving on CR 410A, to be funded by Pct. 4 R&B.

Vote: 4 - 0 Passed - Unanimously

 
Item #6:
Purchase
Fire Arms Training Equipment
The Court discussed the authorization to apply for firearms training equipment from the National Rifle Association (NRA) on behalf of the Sheriff’s office.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve authorization to apply for firearms training equipment from the National Rifle Association (NRA) on behalf of the Sheriff’s office.

Vote: 4 - 0 Passed - Unanimously

 
Item #8:
FY 2022 Improvement Grant
The Court discussed accepting and signing the Statement of Grant Award for the FY 2022 Improvement Grant with Texas Indigent Defense Commission for North Hill Country Public Defender’s Office. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept and sign the Statement of Grant Award for the FY 2022 Improvement Grant with Texas Indigent Defense Commission for North Hill Country Public Defender’s Office

Vote: 4 - 0 Passed - Unanimously

 
Item #9:
Purchase
1936 Centennial Historical Marker
The Court discussed the use of hotel/motel funds to purchase replacement of 1936 Centennial Historical Marker. Judge Oakley stated this request is from Tommy Potts in the amount of $2500.00.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to use hotel/motel funds to purchase replacement of 1936 Centennial Historical Marker.

Vote: 4 - 0 Passed - Unanimously

 
Item #10:
No Litigation Certificate
Burnet County
The Court discussed the General and No Litigation Certificate of Burnet County. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the General and No Litigation Certificate of Burnet County.

Vote: 4 - 0 Passed - Unanimously

 
Item #11:
Waiver of Late Fees
Property Taxes for ID #114975
The Court discussed a request for waiver of late fees on property taxes for ID #114975. Judge Oakley stated the parameters of this request are not authorized under the statute to grant a waiver.
 

The Court took no action on this agenda item.

 
Item #12:
Maintenance Bond CNB-34860-00
The Court discussed the release of Maintenance Bond CNB-34860-00 pertaining to roads and drainage in Bertram Creekside Estates.
 

The Court took no action on this agenda item.

 
Item #13:
Cash Maintenance Bond CB 18-12-11
The Court discussed the release of Cash Maintenance Bond CB 18-12-11 in the amount of $43,245.00 for 7 Creeks Ranch, Phase 5.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Cash Maintenance Bond CB 18-12-11 in the amount of $43,245.00 for 7 Creeks Ranch, Phase 5.

Vote: 4 - 0 Passed - Unanimously

 
Item #14:
Cash Maintenance Bond CB 19-05-29
The Court discussed the release of Cash Maintenance Bond CB 19-05-29 in the amount of $40,707.00 for 7 Creeks Ranch, Phase 6.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Cash Maintenance Bond CB 19-05-29 in the amount of $40,707.00 for 7 Creeks Ranch, Phase 6.

Vote: 4 - 0 Passed - Unanimously

 
Item #15:
Variance
Henry Hernandez
The Court discussed a request for a variance from the Burnet County Subdivision Regulations by Henry Hernandez for a 5.01 acre tract out of a 49.99 acre tract, BCAD parcel #50209, located in the 6000 block of CR 120.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the request for a variance from the Burnet County Subdivision Regulations by Henry Hernandez for a 5.01 acre tract out of a 49.99 acre tract, BCAD parcel #50209, located in the 6000 block of CR 120.

Vote: 4 - 0 Passed - Unanimously

 
Item #16:
Final Plat
SLM Ranch
The Court discussed the final plat approval of SLM Ranch, a private subdivision consisting of 5 lots on 98.71 acres located in the 4000 block of FM 3509.
 

The Court took no action on this agenda item.

 
Item #17:
Cash Bond CB-21-9-28
The Court disucssed the acceptance of Cash Bond CB-21-9-28 in the amount of $192,856.10 for the construction of roads and drainage in the SLM Subdivision Larry and Shirley McNiel and Brian and Amanda Carpenter.
 

The Court took no action on this agenda item.

 
Item #20:
Completion Bond #4404810
Miller Creek Ranch, Phase 6
The Court discussed the release of Subdivision Completion Bond #4404810 for Miller Creek Ranch, Phase 6.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Subdivision Completion Bond #4404810 for Miller Creek Ranch, Phase 6.

Vote: 4 - 0 Passed - Unanimously

 
Item #21:
Completion Bond #4404822
Miller Creek Ranch, Phase 1A
The Court discussed the release of Subdivision Completion Bond #4404822 for Miller Creek Ranch, Phase 1A.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Subdivision Completion Bond #4404822 for Miller Creek Ranch, Phase 1A.

Vote: 4 - 0 Passed - Unanimously

 
Item #22:
Maintenance Bonds
CNB-32251-00 and CNB-34149-00
The Court discussed the release of Subdivision Maintenance Bonds CNB-32251-00 and CNB-34149-00 for Cloudwood Ranch, Phases 1 and 2.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Subdivision Maintenance Bonds CNB-32251-00 and CNB-34149-00 for Cloudwood Ranch, Phases 1 and 2.

Vote: 4 - 0 Passed - Unanimously

 
Item #23:
COVID -19 Virus
The Court discussed any topics related to the COVID – 19 virus. Judge Oakley reported on the Infusion Center, which will be extended through October 16th. Judge Oakley thanked Governor Abbott for making this 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
The Court discussed Department Updates. Commissioner Dockery reported the HHW Event will be held this coming weekend. Judge Oakley stated  the steel is all set for the parking lot at the Historic Jail and a ramp will be added to make it ADA compliant. Herb Darling, Development Services reported on the activity for Development Services department. 
 

The Court took no action on this agenda item.

 
The Court recessed at 10:20 a.m.
 
The Court reconvened at 10:25 a.m.
 
Item #28:
Acknowledgement of Receipts
The Court acknowledged the receipts:
 a. Travis County Medical Examiner Memo
 b. MIS Summary for Oct. 1, 2020 through August 31, 2021
 
Item #29:
Contracts, Agreements,
Grants
The Court discussed contracts, agreements or grants to be approved and/or ratified:
a. approval to sign the non-financial agreement with Williamson County Sheriff’s Office for the FY 2022 Motor Vehicle Crime Prevention Authority Grant Program for the Heart of Texas Auto Theft Task Force for September 1, 2021 – August 41, 2022.
b. ratify signature with Vigilant Solutions service agreement to purchase two License Plate Readers through the FY 21 MVCPA Rapid Response Strikeforce grant.  This grant pays 100% of the cost.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to sign the non-financial agreement with Williamson County Sheriff’s Office for the FY 2022 Motor Vehicle Crime Prevention Authority Grant Program for the Heart of Texas Auto Theft Task Force for September 1, 2021 – August 41, 2022, and to ratify signature with Vigilant Solutions service agreement to purchase two License Plate Readers through the FY 21 MVCPA Rapid Response Strikeforce grant. This grant pays 100% of the cost

Vote: 4 - 0 Passed - Unanimously

 
Item #30:
Call for Bids
The Court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings:
 a. Regarding the award of the Architectural Services RFP.

Judge Oakley reported after the committee met and evaluated the bids, the recommendation is to recognize the following rankings/scorings:
#1    Jackson + Levy
#2    Parkhill
#3    DRG Architects

The committee recommends entering into negotiations with Jackson Levy.

 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the ranking as follows #1 - Jackson + Levy; #2 - Parkhill and #3 - DRG Architects in regards to the award of the Architectural Services RFP. Judge Oakley stated based on the definition of uses of American Rescue Plan Act to build a courts facility with ancillary offices.

Vote: 4 - 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.

Karin Smith, County Auditor, requested to add a budget amendment to item c. increase the DA's request by $6000.00
 

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 with the addition of the Auditors request.

Vote: 4 - 0 Passed - Unanimously

 
Item 32:
Previous Agenda Items
 

The Court had no previous agenda items to discuss.

 
Item #33:
Calendar Review
 

The Court discussed Calendar Review.

 
Item # :
Adjournment
The Court adjourned at 10:40 a.m.