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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 21st day of December 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
 
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, December 21, 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 approval for Precinct 4 crews, or their contractor, to enter the properties owned by Lake Travis Acquisitions LLC, and Chris Harte, to perform brush clearing to improve line of sight visibility along CR 410. The clearing would improve visibility for the public therefore providing for safer travel and benefiting a public purpose (Dockery)

5. Discussion and/or action regarding an update on the HHW Collection Event previously held on October 16, 2021. Consider dates for a spring 2022 BOPATE event (Beierle)

6. Discussion and/or action regarding the approval of Mikayla Herron as the County Extension Agent for 4-H and Youth Development (Oakley/Tarla)

7. Discussion and/or action regarding memberships to the Association of Rural Communities in Texas (ARCIT). Membership fees for Counties under 200,000 population is $385.00 plus $20.24 service fee for total of $415.04 (Oakley/Smith)

8. Discussion and/or action for authorization to issue Requests for Qualifications for administrative and plan writing services related to the CDBG-MIT Local Hazard Mitigation Plans Program from the General Land Office (Oakley/Smith)

9. Discussion and/or action regarding the reappointment of Steve Tatom for ESD #3, effective January 1, 2022 (Luther)

10. Discussion and/or action regarding the reappointment of John Smallwood and Randy Hartman to the EST 7 Board, effective January 1, 2022 (Beierle)

11. Discussion and/or action regarding the reappointment of James Shamard to the ESD 8 Board, effective January 1, 2022 (Beierle)

12. Discussion and/or action for the reappointment of Thomas Guess to the ESD 4 Board, effective January 1, 2022 (Beierle)

13. Discussion and/or action for the reappointment of John White to the ESD 4 Board, effective January 1, 2022 (Wall)

14. Discussion and/or action for the reappointment of Richard Bremer and Sharon Barclay to ESD 2, effective January 1, 2022 (Luther)

15. Discussion and/or action for the reappointment of Nancy Hansen to ESD 6, effective January 1, 2022 (Luther)

16. Discussion and/or action for the reappointment of Herbert Holloway to ESD 6, effective January 1, 2022 (Wall)

17. Discussion and/or action for the appointment of Paul Hischar to ESD 9, effective January 1, 2022 (Dockery)

18. Discussion and/or action for the approval of bond for Eduardo Arredondo, Burnet County Attorney (Parker)

19. Discussion and/or action for the approval of bond for Lisa Whitehead, Justice of the Peace, Precinct 2 (Parker)

20. Discussion and/or action for the approval of bond for Millicent Bindseil, Constable Precinct 4 (Parker)

21. Discussion and/or action for the approval for bond for Janet F. Parker, Burnet County Clerk (Parker)

22. Discussion and/or action for the release of a Subdivision Completion bond #726120 for Spicewood Trails and the acceptance of Subdivision Maintenance Bond #726120-M in the amount of $555,091.00 (Dockery)

23. Discussion and/or action concerning the preliminary plat approval for Dahlia Estates, Phase 2, a private subdivision consisting of 3 lots on 3.03 acres located in the 300 block of CR 274 (Beierle)

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

25. Discussion and/or action concerning the replat of lots 93 and 94, Spring Creek Hills, to be known as lots 93A and 94A Spring Creek Hills (Luther)

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

27. 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).

28. Reconvene in Open Session.

29. 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.

30. Discussion and/or action regarding Department Updates: (Oakley)
a. approval of Treasurer’s Monthly Report for November 2021

31. Acknowledgement of Receipt:
a. MIS Monthly Summary Report
b. 2020 EOY Financial Statement from ESD #4 and the 2020 audit for Bertram VFD

32. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
  1. Approval of a lease agreement for the Pitney Bowes postage machine for the Public Defender’s Office in Llano
  2. Approval to apply for a grant from LCRA Community Development Partnership Program. Maximum $25,000 with 20% match
33. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. Award of the bid for roof repairs on the Sheriff’s Office and N. Annex buildings

34. 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.
35. Discussion regarding any previous agenda items.

36. Calendar Review.

37. 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.
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, December 21, 2021
MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at 220 S. Pierce, Burnet, Texas


ADDENDUM
  1. Discussion and/or action concerning the adoption of a designated Sexual Response Assault Response Team as required by the Legislature (Oakley)


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. Jeanne Emerson, 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.
 
Item #1:
Call to Order
Judge James Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Comm. Beierle led the court in the invocation and the pledges to the United States flag and Texas flag. 
 
Item #3:
Comments
Jenny Fortner addressed the court concerning voter integrity and solutions to replacement of voting machines. 
 
Addendum #1:
Sexual Assault
Response Team
The court discussed adoption of a designated Sexual Assault Response Team as required by the Legislature.  District Attorney Sonny McAffee reported the State of Texas is requiring counties to create adult sexual response teams for victims of crime.  Mr. McAffee stated the 33rd and 424th Judicial Distrist would like to establish a regional team.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the adotion of a designated Sexual Assualt Response Team as required by the Legislature.

Vote: 5 - 0 Passed - Unanimously

 
Item #30:
Department
Updates
The court received a department update from Sonny McAffee, District Attorney.  Mr. McAffee reported on the caseload and the reorganization of his office.   
 
Item #6:
County Extension
Agent
The court discussed approval of Mikayla Herron as the County Extension Agent for 4-H and Youth Development.  Marty Gibbs, AGriLife Extension  addressed the court concerning the creation of a new 4-H position in Burnet County effective February 1, 2022.  Mr. Gibbs introduced Ms. Herron to the court. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the hiring of Mikayla Herron as the County Extension Agent for 4-H and Youth Development.

Vote: 5 - 0 Passed - Unanimously

 
Item #25:
Replat -
Spring Creek
Hills
The court discussed approval of the replat of lots 93 and 94, Spring Creek Hills to be known as lots 93A and 94A Spring Creek Hills. 

 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the replat of lots 93 and 94, Spring Creek Hills to be known as lots 93A and 94A Spring Creek Hills.

Vote: 5 - 0 Passed - Unanimously

 
Comm. Luther is absent from the meeting.
 
Item #4:
CR 410
The court discussed approval for the Precinct 4 crews or their contractor to enter the properties owned by Lake Travis Acquisitions LLC and Chris Harte to perform brush clearing to improve line of sight visibility along CR 410.  The clearing would improve visibility for the public therefore providing for safer travel and benefiting a public purpose. 
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to authorize Precinct 4 crews or their contractor to enter the properties owned by Lake Travis Acquisitions LLC and Chris Harte to perform brush clearing to improve line of sight visibility along CR 410.

Vote: 4 - 0 Passed - Unanimously

Other:
Commissioner Precinct 1 Jim Luther, Jr. (Absent)
 
Comm. Luther is present for the meeting.
 
Item #5:
HHW
Collection Event
The court had an update on the HHW Collection Event previously held on October 6, 2021.  Consider dates for a spring 2022 BOPATE event.  Comm. Beierle stated he would like to hold a spring BOPATE event.  Burnet County discussed raising funds for future events.  Jana Teague, Auditor office reported on an upcoming grant cycle for solid waste.  The court stated they will continue to discuss this agenda item at future meetings. 
Attachments:
 
Item #7:
Association of
Rural Communities
in Texas
The court discussed membership to the Association of Rural Communities in Texas (ARCIT).  Membership fees for counties under 200,000 population is $385.00 plus $20.24 service fee for a total of $415.04.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve membership to the Association of Rural Communities in Texas in the amount of $415.04.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
General
Land Office
The court discussed authorization to issue Requests for Qualifications for administrative and plan writing services related to the CDBG-MIT Local Hazard Mitigation Plan Program from the General Land Office.  Karin Smith, County Auditor stated the county does not qualify for this program. No action was taken.
 
Item #9:
ESD #3
The court discussed the reappointment of Steve Tatom for ESD #3 effective January 1, 2022.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to reappoint Steve Tatom to ESD #3 effective January 1, 2022.

Vote: 5 - 0 Passed - Unanimously

 
Item #10 #11
#12 #14 #15
#16:
ESD Board
Appointments
The court discussed the reappointment of John Smallwood and Randy Hartman to ESD 7 Board effective January 1, 2022; reappointment of James Shamard to the ESD 8 Board effective January 1, 2022; reappointment of Thomas Guess to ESD 4 Board effective January 1, 2022; reappointment of John White to ESD 4 Board effective January 1, 2022; reappointment of Richard Bremer and Sharon Barclay to ESD 2 Board effective January 1, 2022; and reappointment of Nancy Hansen to ESD 6 Board effective January 1, 2022.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the reappointment of James Shamard ESD 8; Thomas Guess ESD 4; John White ESD 4; Richard Bremer and Sharon Barclay ESD 2; and Nancy Hansen ESD 6 effective January 1, 2022

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
ESD 9
The court discussed the appointment of Paul Hischar to ESD 9 effective January 1, 2022.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to appoint Paul Hischar to ESD 9 effective January 1, 2022.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Bond Approval
The court discussed approval of the bond for Eduardo Arredondo, Burnet County Attorney.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the bond for Eduardo Arredondo, Burnet County Attorney.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Bond Approval
The court discussed approval of the bond for Lisa Whitehead, Justice of the Peace Precinct 2.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the bond for Lisa Whitehead, Justice of the Peace Precinct 2

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Bond Approval
The court discussed approval of the bond for Millicent Bindseil, Constable Precinct 4.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the bond for Millicent Bindseil, Constable Precinct 4

Vote: 5 - 0 Passed - Unanimously

 
Item #21:
Bond Approval
The court discussed approval of the bond for Janet F Parker, Burnet County Clerk.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the bond for Janet F. Parker, Burnet County Clerk

Vote: 5 - 0 Passed - Unanimously

 
Item #22:
Maintenance
Bond
The court discussed the release of a Subdivision Completion Bond #726129  for Spicewood Trails and the acceptance of Subdivision Maintenance Bond #726120-M in the amount of $555,091.00
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of a Subdivision Completion Bond #726120 for Spicewood Trails and the acceptance of Subdivision Maintenance #726120-M in the amount $555,091.00

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #26:
COVID19
Judge Oakley discussed COVID 19 virus.
 
Item #27:
Executive
Session
Judge Oakley stated there is no need for the court to go into Executive Session.
 
Item #28:
Open
Session
The court took no action on this agenda item.
 
Item #29:
Executive
Session
The court took no action on this agena item.
 
Item #30:
Department
Updates
The court discussed approval of the Treasurer's Monthly Report for November 2021. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the Treasurer's Monthly Report for November 2021.

Vote: 5 - 0 Passed - Unanimously

 
Item #31:
Acknowledgement
of Receipt
The court acknowledged receipt of the MIS Monthly Summary Report and the 2020 EOY Financial Statement from ESD #4 and the 2020 audit for the Bertram VFD,
 
Item #32:
Contracts/
Agreements/
Grants
The court discussed approval of contracts, agreements or grants to be approved and or ratified:
a.  Approval of a lease agreement for the Pitney Bowes postage machine for the Public Defenders office in LLano.
b.  Approval to apply for a grant from LCRA Community Development Partnership Program.  Maximum $25,000 with 20% match

Karin Smith, County Auditor requested permission to apply for the Capital Murder Grant through the Governors Office.  
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the lease agreement for the Pitney Bowes postage machine for the Public Defenders Office in Llano; apply for a grant from LCRA Community Development Partnership Program, and apply for the Capital Murder Grant through the Governors Office.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #33:
Bids
The court discussed calling for bids and bid openings, request for proposals/qualification and related openings.
a.  Award of the bid for roof repairs on the Sheriff's Office and North Annex buildings.

The court received 9 bids.  The low bid was CS Advantage.  The recommendation is to accept the low bid in the amount of $390,000.00.  Judge Oakley reported the remaining funds to pay for this project will come from Courthouse Renovation Grant line item. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to award the bid to CS Advantage in the amount of $390,000.00.

Vote: 5 - 0 Passed - Unanimously

 
Item #34:
Consent
Agenda
The court discussed the Consent Agenda and require no deliberation by the Commissioners 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. 
 

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

 
Item #35:
Previous
Agenda Items
The court took no action on this agenda item.
 
Item #30:
Department
Updates
The court received a department update from Herb Darling, Development Services.  Judge Oakley reported the historic jail should be completed within a month.
 
Item #36:
Calendar
Review
The court discussed calendar review.
 
Item #24:
Robison
Ranch
The court discussed the final plat of Robison Ranch, a private subdivision consisting of 5 lots on 42.29 acres located at 515 CR 330A.   The court took no action on this agenda item. 
 
Item # 37:
Adjournment
There was no further business to disucss, Judge Oakley adjourned the meeting at 9:58 am.