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Minutes for Regular Session

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The State of Texas {}
County of Burnet   {}      On this the 9th day of  November 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 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Absent:
Commissioner Precinct 2 Damon Beierle
Attendees:
Stephanie McCormick, Comm. Court Coordinator; Janet Parker, County Clerk; Carole Poppema, Assistant County Auditor; Karin Smith, County Auditor
Attendees:
Vicinta Stafford, Chief Deputy Clerk
 
REGULAR MEETING DATE: Tuesday, November 9, 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 the acceptance of a private donation to Road & Bridge, Pct. 4, for the Thanksgiving luncheon (Dockery)

5. Discussion and/or action regarding the acceptance of a donation of $500 from LCRA for the HHW Event (Oakley)

6. Discussion and/or action regarding the approval for entry onto the private property of Chris Harte at the intersection of CR 410/CR 410A and along CR 410 south of CR 421 to conduct brush control thereby improving public safety of the roadway by increasing visibility (Dockery)

7. Discussion and/or action regarding permission to apply for and approve and sign resolution for Body-Worn-Camera Program with the Office of the Governor, Criminal Justice Division (Oakley/Smith)

8. Discussion and/or action regarding the approval to accept a grant for $6,000 from the Ladd and Katherine Hancher Library Foundation for the Bertram Library. Items include: computers, listening stations, and Spanish books (Oakley/Smith/Seaman)

9. Discussion and/or action for the acceptance of a donation from LCRA for the repairs for CR 114 from 690 to 2341 (Luther)

10. Discussion and/or action regarding an exception to the Burnet County Travel Policy to allow for lodging costs when Burnet County is the host of the conference (Oakley/Smith)

11. Discussion and/or action regarding the approval of a bond for Roxanne Nelson, Justice of the Peace, Pct. 1 (Parker)

12. Discussion and/or action regarding the approval to accept allocation and sign the contract for the FY 22 9-1-1 GIS funding from the CAECD in the amount of $121,073.95. This contract is good for 1/1 - 9/30/22. The first quarter of FY 22 (10/1 – 12/31/21) was awarded as an amendment to the original FY 21 contract (Oakley/Smith)

13. Discussion and/or action to approve and sign the resolution for the FY 2022 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission. Approval to apply was granted in Commissioners Court on 9/28/2021 (Oakley/Smith)

14. Discussion and/or action concerning the allocation of votes for nominees for the Burnet Central Appraisal District (Oakley)

15. Discussion and/or action concerning appointment to the CARTS Board (Oakley)

16. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Donald Naumann relating to the subdivision of BCAD parcel #104817 located on CR 407 (Dockery)

17. Discussion and/or action concerning the potential unauthorized subdivision of BCAD parcel $54145 located at 1338 Williamson CR 222 (Beierle)

18. Discussion and/or action concerning the preliminary plat approval for Robison Ranch, a private subdivision
consisting of 5 lots on 42.29 acres located at 515 CR 330A (Wall)

19. Discussion and/or action concerning any topics related to the COVID – 19 virus.

20. 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).
a. Real Estate/Lease Agreements

21. Reconvene in Open Session.

22. 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.




23. Discussion and/or action regarding Department Updates: (Oakley)


24. Acknowledgement of Receipt:
a. MIS Summary
b. TCEQ Notice

25. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:(Oakley)
  1. Tyler Tech for Legislative configuration updates.
  2. 101 Highland Lakes advertising contract for County lodging properties.
  3. Agreement with the Blanco County Community Resource Center for the use of a room by the Public Defender’s Office.
  4. Bancorp South Master lease 107953-003 for Four 2022 Mack GR64F Trucks with Dump Bodies.
  5. Labor agreement with DIJ Construction for work to be performed on CR 121
  6. Inter local agreements including financial commitment of $5,000 for matching funds for the Hazard Mitigation Grant Program grant application. Cities to be included in the plan are Bertram, Burnet, Granite Shoals, Highland Haven, Marble Falls, and Meadowlakes.
  7. Hazard Mitigation Program application certification and related documents

26. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)

27. 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.

28. Discussion regarding any previous agenda items.

29. Calendar Review.

30. 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 Wall led the Court in the Invocation and Pledge of Allegiance to the Flags.
 
Item #3:
Public Comments
 Elizabeth Kunz, Representative from Blackbuck Ridge addressed the court concerning  the roads in the Blackbuck Ridge Subdivision. Ms. Kunz, stated  the roads have degraded in three years and stated they are trying to get help from the developer. Kristen Lawrence, Vice President of Blackbuck Ridge POA, is working with forensic investigator on why roads are degrading at such a fast pace. Robin Miller, Secretary of Blackbuck Ridge POA,  requested  the County hold the maintenance bond for road repairs. 
 
Item #28:
Previous Agenda Items
The Court discussed previous agenda items. Herb Darling, Development Services, stated Burnet County is still holding the maintenance bond for Blackbuck Ridge. 
 
Item #3:
Public Comments
Commissioner Dockery and Judge Oakley thanked all Veterans who have served our Country in honor of Veterans Day, Thursday, November 11th.
 
Item #8:
Grant for Bertram Library
The Court discussed approval to accept a grant for $6,000 from the Ladd and Katherine Hancher Library Foundation for the Bertram Library.  Items include:computers, listening stations, and Spanish books. Mary Seamon, from the Bertram Library, stated she was very excited about the technology improvements and thanked Karin Smith, Auditor and Jana Teague for their assistance in applying for this grant. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve accepting a grant for $6,000 from the Ladd and Katherine Hancher Library Foundation for the Bertram Library. Items include:computers, listening stations, and Spanish books.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #25:
Contracts, Agreements,
and Grants
The Court discussed contracts, agreements or grants to be approved and/or ratified:
Karin Smith, County Auditor, requested to add an item:
Acceptance of grant from State  ARPA funds directed to libraries and museums in the amount of  $60,927.09.

 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to accept a grant from State ARPA funds directed to libraries and museums in the amount of $60,927.09.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #5:
Donation
LCRA for the HHW Event
The Court discussed a donation of $500 from LCRA for the HHW Event. Judge Oakley thanked everyone and said it was a wonderful event.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a donation of $500 from LCRA for the HHW Event.

Vote: 5 - 0 Passed - Unanimously

 
Item #4:
Donation
Thanksgiving Luncheon
The Court discussed the acceptance of a private donation to Road & Bridge, Pct. 4, for the Thanksgiving Luncheon. Commissioner Dockery stated this event is held through donations and no County money is used to host this Luncheon.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve acceptance of a private donation to Road & Bridge, Pct. 4, for the Thanksgiving Luncheon.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Request for Variance
Donald Naumann
The Court discussed a request for a variance from the Burnet County Subdivision Regulations by Donald Naumann relating to the subdivision of BCAD parcel #104817 located on CR 407. Herb Darling, Development Services stated this property was originally sold off by metes and bounds description. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request for a variance from the Burnet County Subdivision Regulations by Donald Naumann relating to the subdivision of BCAD parcel #104817 located on CR 407, to come back before the court as a preliminary plat.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to send a certified letter to Cuplin & Associates to put them on notice of the errors and advice to client and if this happens again there will be consequences.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Preliminary Plat
Robison Ranch
The Court discussed the preliminary plat approval for Robison Ranch, a private subdivision consisting of 5 lots on 42.29 acres located at 515 CR 330A. Herb Darling, Development Services reported the groundwater study was approved by the outside vendor.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the preliminary plat approval for Robison Ranch, a private subdivision consisting of 5 lots on 42.29 acres located at 515 CR 330A.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Potential Unauthorized Subdivision
The Court discussed the potential unauthorized subdivision of BCAD parcel $54145 located at 1338 Williamson CR 222. Herb Darling, Development Services requested the Courts guidance on how to respond to the individuals. Mr. Darling stated the entrance to the parcel enter from Williamson County.  Eddie Arredondo stated this is an illegal subdivision.  Mr. Darling stated there is a refusal to plat the property since each tract is over 10 acres.  Mr. Arredondo stated the county can refuse to issue 911 addresses and septic permits or go after the Developer and file suit against them to keep them from selling any further lots. Mr. Arrendando advised to proceed with outside legal counsel.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to seek outside council to review, access, and make recommendations to move forward on agenda item 17.

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
Department Updates
The Court discussed Department Updates.  Doug Ferguson, Elections Administrator updated the court on the November Constitutional Amendment Election.  Mr. Ferguson stated the court needs to be hold a Special meeting to canvass the election results, the last day to canvass is November 15, 2021.  Herb Darling, Development Services reported on activities in Development Services office.  
 
Item #25:
Contracts, Agreements,
and Grants
The Court discussed contracts, agreements or grants to be approved and/or ratified:
c. Agreement with the Blanco County Community Resource Center for the use of a room by the Public Defender’s Office.
 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Agreement with the Blanco County Community Resource Center for the use of a room by the Public Defender’s Office.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #6:
Approval for Entry
Chris Harte
The Court discussed the approval for entry onto the private property of Chris Harte at the intersection of CR 410/CR 410A and along CR 410 south of CR 421 to conduct brush control thereby improving public safety of the roadway by increasing visibility.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 3 Billy Wall to approve entry onto the private property of Chris Harte at the intersection of CR 410/CR 410A and along CR 410 south of CR 421 to conduct brush control thereby improving public safety of the roadway by increasing visibility.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Resolution
Body-Worn-Camera Program
The Court discussed permission to apply for and approve and sign resolution for Body-Worn-Camera Program with the Office of the Governor, Criminal Justice Division. Karin Smith, County Auditor stated this was allocated in the Budget.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to apply for and approve and sign resolution for Body-Worn-Camera Program with the Office of the Governor, Criminal Justice Division.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #9:
Donation from LCRA
The Court discussed acceptance of a donation from LCRA for the repairs for CR 114 from 690 to 2341.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept a donation from LCRA for the repairs for CR 114 from 690 to 2341 in the amount of $15,000.00

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #10:
Exception
Burnet County Travel Policy
The Court discussed an exception to the Burnet County Travel Policy to allow for lodging costs when Burnet County is the host of the conference. Karin Smith, County Auditor, spoke stated the conference is being held at Canyon of the Eagles. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve an exception to the Burnet County Travel Policy to allow for lodging costs when Burnet County is the host of the conference.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Bond for Roxanne Nelson
Justice of the Peace, Pct. 1
The Court discussed the approval of a bond for Roxanne Nelson, Justice of the Peace, Pct. 1.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a bond for Roxanne Nelson, Justice of the Peace, Pct. 1.

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Contract FY 22 9-1-1 GIS
Funding from CAECD
The Court discussed the allocation and sign the contract for the FY 22 9-1-1 GIS funding from the CAECD in the amount of $121,073.95.  This
contract is good for 1/1 - 9/30/22.  The first quarter of FY 22 (10/1 – 12/31/21) was awarded as an amendment to the original FY 21 contract.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept allocation and sign the contract for the FY 22 9-1-1 GIS funding from the CAECD in the amount of $121,073.95. This
Contract is good for 1/1 - 9/30/22. The first quarter of FY 22 (10/1 – 12/31/21) was awarded as an amendment to the original FY 21 contract.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #13:
Resolution
FY 2022 Formula Grant
The Court discussed approving, and sign the resolution for the FY 2022 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission.  Approval to apply was granted in Commissioners Court on 9/28/2021.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve, and sign the resolution for the FY 2022 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #14:
Allocation of Votes for Nominees
Burnet Central Appraisal District
The Court discussed the allocation of votes for nominees for the Burnet Central Appraisal District. Judge Oakley said there are no new nominees and the same board members will be running again. Burnet County has 1136 total votes which are eligible to be cast/split  evenly between the 5 members who are Gene Broadway, Bruce Jones, Dave Kithill, Darlene Oostermeyer, and Phillip Thurman. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the allocation of votes for nominees for the Burnet Central Appraisal District.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
The Court recessed at 10:08 a.m.
 
The Court reconvened at 10:13 a.m.
 
Item #15:
Appointment
CARTS Board
The Court discussed the appointment to the CARTS Board. Judge Oakley recommended Commissioner Wall be reappointed to the Carts Board.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to appoint Commissioner Wall to the CARTS Board.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #19:
COVID–19 Virus
The Court discussed any topics related to the Covid-19 Virus. Judge Oakley, informed the Court the County Facebook page has updated dates the vaccines/boosters will be available. Judge Oakley reported cases are down for Burnet County.
 

The Court took no action on this agenda item.

 
Item #24:
Acknowledgement of Receipts
The Court acknowledged the receipts:
a. MIS Summary
b. TCEQ Notice
Attachments:
 
Item #25:
Contracts, Agreements,
and Grants
The Court discussed contracts, agreements or grants to be approved and/or ratified: Tyler Tech for Legislative configuration updates, 101 Highland Lakes advertising contract for County lodging properties, Bancorp South Master lease 107953-003 for Four 2022 Mack GR64F Trucks with Dump Bodies, Labor agreement with DIJ Construction for work to be performed on CR 121, Inter local agreements including financial commitment of $5,000 for matching funds for the Hazard Mitigation Grant Program grant application. Cities to be included in the plan are Bertram, Burnet, Granite Shoals, Highland Haven, Marble Falls, and Meadowlakes,  and Hazard Mitigation Program application certification and related documents.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve Items, A, B, D, E, F & G.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #26:
Call for Bids
The Court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings. Judge Oakley reported there will be a pre bid conference for a new roof at the Sheriff's office on November 12, 2021.  Judge Oakley stated they are working on an RFP for the Sheriffs' Office for the electrical/utilities updates.
 

The Court took no action on this agenda item.

 
Item #27:
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:
  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.
  9.  County Auditor requested to purchase an antique stove.
 

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 adding the request of the County Auditor.

Vote: 4 - 0 Passed - Unanimously

 
Item #29:
Calendar Review
The Court discussed Calendar Review.
 
Item #20:
Executive Session
 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).   
            a. Real Estate/Lease Agreements
 
Item #21:
Executive Session
The Court Reconvene in Open Session.
 
Item #22:
Executive Session
 Discussion regarding items discussed in Executive Session and take up for Consideration and possible action, pursuant to Chapter 262, Texas Local Government Code. Judge Oakley stated the following were in attendance in Executive Session - Judge Oakley, Comm. Luther, Comm. Wall, Comm. Dockery, Eddie Arredondo County Attorney, and Karin Smith, County Auditor.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to authorize the County Judge to take all steps necessary to work towards procurement of identified real estate.

Vote: 4 - 0 Passed - Unanimously

 
The Court adjourned at 11:08 a.m.