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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 8th day of March 2022, 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; Christy Simpson, Commissioners' Court Clerk
 
AGENDA
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, March 8, 2022 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 a proclaiming March 2022 a special March for Meals month celebrating the 50th anniversary of the Older Americans Act Nutrition program, the federal legislation that helps to fund community-based programs like Meals on Wheels.  Also, to announce the local fundraiser and volunteer drive in celebration of the anniversary from March 21-25, 2022 (Oakley)
 
5. Discussion and/or action regarding matters pertaining to the Saturday, May 7, 2022 Constitutional Amendment Election (Oakley/Ferguson)
            a. Approve consolidation of precincts for Election Day (See Polling Place Scheme)
            b. Order the Constitutional Amendment Special Election (see May 7, 2022 Constitutional Amendments Order of Special Election)
 
6. Discussion and/or action regarding SB 598 regarding the possible reimbursement of election equipment (Oakley)
 
7. Discussion and/or action concerning the location of placement of the 1936 Centennial marker on courthouse grounds (Oakley)
 
8. Discussion and/or action concerning the preliminary plat of Hurst Place Subdivision, Phase 6, a private subdivision consisting of 18 lots on 184.78 acres located in the 5900 block of CR 202 (Beierle)
 
9. Discussion and/or action concerning the replat of the remaining portion of lot 17 (3.77 acres) and all of lots 18-21, Block A, Oaks at Spicewood to be known as lots 17A, 18A, 18B, 19A, 19B, 20A, 20B, 21A, and 21B, Block A, Oaks at Spicewood (Dockery)
 
10. Discussion and/or action concerning the replat of lots 617 and 618, Whitewater Springs, Sec. 6, to be known as lot 617-A, whitewater Springs, Sec. 6 (Wall)
 
11. Discussion and/or action concerning the release of Subdivision Completion Bonds 4441788 (Ridge Point, Phase 1, $519,701.49) and 4447315 (Ridge Point, Phases 2 and 3, $425,450.71) and replace them with Subdivision Maintenance Bond 4455403 in the amount of $142,441.46 for Ridge Point, Phase 1, 2 and 3 effective for a period of 2 years from the date (Beierle)
 
12. Discussion and/or action regarding waiver of penalties and interest on Property ID 64545 & 107022 (Oakley)
 
13. Discussion and/or action regarding waiver of penalties and interest on Property ID 19789 (Oakley)
 
 14. Discussion and/or action regarding waiver of penalties and interest on Property ID 6060 (Oakley)
 
15. Discussion and/or action regarding SB 6-Bail Reform, the new Public Safety Report system and, the effect on magistration duties in Burnet County beginning April 1, 2022 (Oakley/Nelson)
 
16. Discussion and/or action regarding the quote from Vyve for the meraki firewall/routers to secure our network to be paid with ARPA funds (Oakley/Smith)
 
17. Discussion and/or action regarding a burn ban in the unincorporated areas of Burnet County (Oakley)
 
18. 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).   
                       
19. Reconvene in Open Session. 
 
20. 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.
 
21. Discussion and/or action regarding Department Updates: (Oakley)
a. Monthly Treasurer’s Report – January 2022
 
22. Acknowledgement of Receipt:
a. EOY 2021 financial statements for ESD 2 & Cassie VFD           
           
23. Discussion and/or action regarding contracts, agreements or grants to be approved
   and/or ratified: (Oakley)
a. Inter local agreement with the City of Cottonwood Shores
b. Order adoption inter local with the City of Cottonwood Shores  

24. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. Request to advertise and RFP for hazardous waste disposal pricing
b. Request to go out for bids for paving oil
           
25. 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.            

26. Discussion regarding any previous agenda items.
 
27. Calendar Review.
 
28. 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.
 
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 invocation and Pledge of Allegiance to the US and Texas flags
 
Item #3:
Public Comments
There were no comments from the public
 
Item #4:
Proclamation Older Americans Act Nutrition program
The court discussed a proclamation for March 2022 a special March for Meals month celebrating the 50th anniversary of the Older Americans Act Nutrition program, the federal legislation that helps to fund community-based programs like Meals on Wheels.  Also, to announce the local fundraiser and volunteer drive in celebration of the anniversary from March 21-25, 2022. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the proclamation of March 2022 celebrating the 50th anniversary of the Older Americans Act Nutrition program

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Constitutional Amendment Election Day May 7, 2022
The court discussed matters pertaining to the Saturday, May 7, 2022 Constitutional Amendment Election (Oakley/Ferguson)
a. Approve consolidation of precincts for Election Day (See Polling Place Scheme)
b. Order the Constitutional Amendment Special Election (see May 7, 2022 Constitutional Amendments Order of Special Election)
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the consolidation of precincts for Election Day (See Polling Place Scheme)

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the Order the Constitutional Amendments Special Election (see May 7, 2022 Constitutional Amendment Order of Special Election)

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Reimbursement of Election Equipment SB 598
The court discussed the SB 598 regarding the possible reimbursement of election equipment.

Doug Ferguson, Elections Administrator addressed the election equipment SB 598, by September 2026 Burnet County's voting system will be obsolete. The court advised exploring grant options.
 

The court took no action on this agenda item

 
Item #21:
Department updates
The court discussed department updates.

Doug Ferguson, Elections Administrator reported on the primary elections by precinct.
 
Item #12:
Property ID 64545 & 107022 Waiver of Penalties
The court discussed the waiver of penalties and interest on Property ID 64545 & 107022.

The court took no action on this agenda item.
 
Item #13:
Property ID 19789 Waiver of Penalties
The court discussed the waiver of penalties and interest on Property ID 19789

The court took no action on this agenda item
 
Item #14:
Property ID 6060 Waiver of Penalties
The court discussed the waiver of penalties and interest on Property ID 6060

The court took no action on this agenda item
 
Item #15:
SB 6 Bail Reform
Roxanne Nelson, Justice of the Peace Precinct #1, gave a presentation on the SB 6 Bail Reform for the new Public Safety Report System and the effect on magistration duties in Burnet County beginning April 1, 2022.

On Friday, March 11, 2022 Elected officials and department heads will be meeting to discuss the SB 6 requirements.
Attachments:
 
Recess
The court recessed at 10:22 a.m.
 
Reconvened
The court reconvened at 10:27 a.m. All Court members were present.
 
Item #8:
Hurst Place Preliminary Plat
The court discussed the preliminary plat of Hurst Place Subdivision, Phase 6, a private subdivision consisting of 18 lots on 184.78 acres located in the 5900 block of CR 202
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the preliminary plat of Hurst Place Subdivision, Phase 6, a private subdivision consisting of 18 lots on 184.78 acres located in the 5900 block of CR 202

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Oaks at Spicewood Lot 17 Replat
The court discussed the replat of the remaining portion of lot 17 (3.77 acres) and all of lots 18-21, Block A, Oaks at Spicewood to be known as lots 17A, 18A, 18B, 19A, 19B, 20A, 20B, 21A, and 21B, Block A, Oaks at Spicewood
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of the remaining portion of lot 17 (3.77 acres) and all of lots 18-21, Block A, Oaks at Spicewood to be known as lots 17A, 18A, 18B, 19A, 19B, 20A, 20B, 21A, and 21B, Block A, Oaks at Spicewood

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Whitewater Springs Lots 617 and 618 Replat
The court discussed the replat of lots 617 and 618, Whitewater Springs, Sec. 6, to be known as lot 617-A, Whitewater Springs, Sec. 6
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of lots 617 and 618, Whitewater Springs, Sec. 6, to be known as lot 617-A, Whitewater Springs, Sec. 6

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Vyve for Firewall/Routers
The court discussed the quote from Vyve for the meraki firewall/routers to secure our network to be paid with ARPA funds
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the quote from Vyve for the meraki firewall/routers to secure our network to be paid with ARPA funds in the amount of $28,162.77

Vote: 5 - 0 Passed - Unanimously

 
Item #21:
Department Update
The court discussed department updates
a. Treasurer's monthly report for January 2022

Ben Tarbet, Director of Technology updated the court on the internet cable not being sufficient. Mr. Tarbet, stated the cabling needs to be replaced throughout the County buildings.
Karrie Crownover, County Treasurer presented the report for January 2022.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Treasurer’s Monthly Report for January 2022

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Placement of 1936 Centennial Marker
The court discussed where the placement of the 1936 Centennial marker on courthouse grounds.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the placement of the 1936 Centennial marker on the East side of the Courthouse, and on the North side of the entrance

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #11:
Bonds Ridge Point Release of Completion
The court discussed the release of Subdivision Completion Bonds 4441788 (Ridge Point, Phase 1, $519,701.49) and 4447315 (Ridge Point, Phases 2 and 3, $425,450.71) and replace them with Subdivision Maintenance Bond 4455403 in the amount of $142,441.46 for Ridge Point, Phase 1, 2 and 3 effective for a period of 2 years from the date
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of Subdivision Completion Bonds 4441788 (Ridge Point, Phase 1, $519,701.49) and 4447315 (Ridge Point, Phases 2 and 3, $425,450.71) and replace them with Subdivision Maintenance Bond 4455403 in the amount of $142,441.46 for Ridge Point, Phase 1, 2 and 3 effective for a period of 2 years from the date

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #17:
Burn Ban
The court discussed the burn ban in the unincorporated areas of Burnet County.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to adopt a Burn Ban for unincorporated areas of Burnet County, Comm. Beierle amended motion the Burn Ban will be effective at Midnight today. Comm. Dockery seconded the amended motion.

Vote: 3 - 2 Passed

Nay:
County Judge James Oakley
Commissioner Precinct 3 Billy Wall
Attachments:
 
Item #18:
Executive Session
The court took no action on this agenda item
 
Item #19:
Open Session
The court took no action on this agenda item
 
Item #20:
Executive Session
The court took no action on this agenda item
 
Item #22:
Acknowledgement of Receipt
The court acknowledged
a. EOY 2021 financial statements for ESD 2 & Cassie VFD
 
Item #23:
Contracts, Agreements and Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a. Interlocal agreement with the City of Cottonwood Shores
b. Order adoption interlocal with the City of Cottonwood Shores
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Interlocal agreement with the City of Cottonwood Shores and Order adoption interlocal with the City of Cottonwood Shores.

Vote: 5 - 0 Passed - Unanimously

 
Item #24:
Bids and Bid Openings
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings
a. Request to advertise and RFP for hazardous waste disposal pricing
b. Request to go out for bids for paving oil
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the request to advertise and RFP for hazardous waste disposal pricing, and request to call for bids for paving oil.

Vote: 5 - 0 Passed - Unanimously

 
Item #25:
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 3 Billy Wall to approve the Consent Agenda in its entirety

Vote: 5 - 0 Passed - Unanimously

 
Item #26:
Previous Agenda Items
The court had no previous Agenda items to discuss.
 
Item #27:
Calendar Review
The court discussed calendar review
 
Item #28:
Adjournment
Judge Oakley adjourned the meeting at 11:00 a.m. as there was no further business discussed