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 14, 2023 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 for the reappointment of Paul Kowalik and Sarah Ray to ESD #5 (Luther)
 
5.  Discussion and/or action regarding the approval of the current Burnet County polling locations and voting precinct boundaries.  Attached:  “Voter Stats 3-9-23.pdf” and “Current Vote Centers 3-9-23.docx” (Oakley/Ferguson)
 
6.  Discussion and/or action on further negotiations with Matt King regarding additional right of way acquisition at CR 410 and Lakeside Beach and steps required to complete the acquisition (Dockery)
 
7.  Public Hearing at 9:30 a.m., followed by discussion and/or action regarding creating a 3-way stop at the CR 410/Lakeside Beach Subdivision Intersection (Dockery)
 
8.  Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Ronald and Tiffany Switzer for a 10.15 acre tract out of a 15.495 acre tract being part of Lot 7 and Lot 6, Bertram Woods, an unrecorded subdivision, BCAD parcel 63800, located in the 9700 block of CR 272 (Beierle)
 
9.  Discussion and/or action concerning the replat of Lot 68-N, Common Area, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.21, to be known as Lot 68-P, Common Area, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.25 to eliminate duplicate lot numbers (Luther)
 
10.  Discussion and/or action concerning the replat of Lot 68-F, Common Area, Clearwater Landing at LBJ, Phase 2, Plat No. 2.6, to be known as Lot 68-Q, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.26, to eliminate duplicate lot numbers (Luther)
 
11.  Discussion and/or action concerning the replat of Lot 68-C, Common Area, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.2, to be known as Lot 68-C1, Clearwater Landing at LBJ, Phase 2, Plat No. 2.27, to move 0.70 acres out of Lot 68-C into the marina lease tract to be platted at a later date (Luther)
 
12.  Discussion and/or action concerning the replat of Lot 68-M, Clearwater Landing at LBJ, Phase 2, Plat No. 2.16, to be known as Lot 68-M1, Clearwater Landing at LBJ, Phase 2, Plat No. 2.24, this is to add 0.04 acres from a reserve tract to the common area to satisfy the LCRA water quality BMP easement requirements (Luther)
 
13.  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).   
                       
14. Reconvene in Open Session. 
 
15. 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.
 
16.  Discussion and/or action regarding Department Updates:  (Oakley)
           
17.  Acknowledgement of Receipt:       
18.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:            
 
19.  Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings (Oakley)            
 
20.  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:            
 
21. Discussion regarding any previous agenda items.
 
22. Calendar Review.
 
23. 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.

Commissioner Beierle acknowledged Waylon Kelly, who had been a Burnet County Employee for 30 years as Mr. Kelly had passed away last week.

The court discussed the reappointment of Paul Kowalik and Sarah Ray to ESD #5.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the reappointment of Paul Kowalik and Sarah Ray to ESD #5.

Vote: 5 - 0 Passed - Unanimously

The court discussed the approval of the current Burnet County polling locations and voting precinct boundaries.  Attached:  “Voter Stats 3-9-23.pdf” and “Current Vote Centers 3-9-23.docx”.

Doug Ferguson, Elections Administrator, addressed the court about the election polling locations and voting precinct boundaries.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the current Burnet County polling locations and voting precinct boundaries.

Vote: 5 - 0 Passed - Unanimously

Doug Ferguson, Elections Administrator, gave an update on the elections for May.

The court discussed a request for a variance from the Burnet County Subdivision Regulations by Ronald and Tiffany Switzer for a 10.15 acre tract out of a 15.495 acre tract being part of Lot 7 and Lot 6, Bertram Woods, an unrecorded subdivision, BCAD parcel 63800, located in the 9700 block of CR 272.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve a variance from the Burnet County Subdivision Regulations by Ronald and Tiffany Switzer for a 10.15 acre tract out of a 15.495 acre tract being part of Lot 7 and Lot 6, Bertram Woods, an unrecorded subdivision, BCAD parcel 63800, located in the 9700 block of CR 272.

Vote: 5 - 0 Passed - Unanimously

The court discussed contracts, agreements or grants to be approved and/or ratified:

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Inter Local agreement with Burnet County ESD #8 to provide hot mix asphalt paving to the parking lot at the ESD #8 fire station in Briggs. The value of service is not to exceed $15,000. Said approval includes the adoption of an Order of approval of the inter local agreement, Inter Local agreement with the City of Bertram to assist the City with road work, paving, and mowing. Includes the Order of approval of the inter local agreement, Approval to sign the District Attorney agreements with 33^rd and 424^th Judicial Districts, Coryell County, Lampasas County and McLennan County for the FY 2023 Motor Vehicle Crime Prevention Authority (MVCPA) Grant Program for the Heart of Texas Auto Theft Task Force for September 1, 2022 – August 31, 2023, Extension for Dump Truck lease from 3/2/23-6/2/23.

Vote: 5 - 0 Passed - Unanimously

Herb Darling, Developmental Services, gave an update on the numbers for permits. 

The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the bid from Ergon

Vote: 5 - 0 Passed - Unanimously

The court discussed the Consent Agenda and require no deliberation by the Commissioner’s Court.  Any item from this agenda may be considered  separately:

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 acknowledged the receipt:

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 discussed calendar review.

The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the bid to Llano National Bank.

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of Lot 68-N, Common Area, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.21, to be known as Lot 68-P, Common Area, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.25 to eliminate duplicate lot numbers.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Lot 68-N, Common Area, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.21, to be known as Lot 68-P, Common Area, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.25 to eliminate duplicate lot numbers.

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of Lot 68-F, Common Area, Clearwater Landing at LBJ, Phase 2, Plat No. 2.6, to be known as Lot 68-Q, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.26, to eliminate duplicate lot numbers.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the replat of Lot 68-F, Common Area, Clearwater Landing at LBJ, Phase 2, Plat No. 2.6, to be known as Lot 68-Q, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.26, to eliminate duplicate lot numbers

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of Lot 68-C, Common Area, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.2, to be known as Lot 68-C1, Clearwater Landing at LBJ, Phase 2, Plat No. 2.27, to move 0.70 acres out of Lot 68-C into the marina lease tract to be platted at a later date.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Lot 68-C, Common Area, Clearwater Landing at LBJ II, Phase 2, Plat No. 2.2, to be known as Lot 68-C1, Clearwater Landing at LBJ, Phase 2, Plat No. 2.27, to move 0.70 acres out of Lot 68-C into the marina lease tract to be platted at a later date.

Vote: 5 - 0 Passed - Unanimously

The court discussed the replat of Lot 68-M, Clearwater Landing at LBJ, Phase 2, Plat No. 2.16, to be known as Lot 68-M1, Clearwater Landing at LBJ, Phase 2, Plat No. 2.24, this is to add 0.04 acres from a reserve tract to the common area to satisfy the LCRA water quality BMP easement requirements.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the replat of Lot 68-M, Clearwater Landing at LBJ, Phase 2, Plat No. 2.16, to be known as Lot 68-M1, Clearwater Landing at LBJ, Phase 2, Plat No. 2.24, this is to add 0.04 acres from a reserve tract to the common area to satisfy the LCRA water quality BMP easement requirements.

Vote: 5 - 0 Passed - Unanimously

The court discussed further negotiations with Matt King regarding additional right of way acquisition at CR 410 and Lakeside Beach and steps required to complete the acquisition.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve further negotiations with Matt King regarding additional right of way acquisition at CR 410 and Lakeside Beach and steps required to complete the acquisition.

Vote: 5 - 0 Passed - Unanimously

The court discussed creating a 3-way stop at the CR 410/Lakeside Beach Subdivision Intersection.

Jimmie Luckey and Judson Mcculloch, residents of Lakeside Beach, addressed the court about the intersection and are for creating the 3 way stop at CR 410 and Lakeside Beach.
Gregory Dyess, resident of Lakeside Beach, addressed the court to oppose the 3 way stop. He thinks speed should be enforced. 
Laura Lyons, resident of Lakeside Beach, addressed the court about the intersection and suggested lowering the fence.
Kathy Lloyd, resident of Lakeside Beach, addressed the court about safety issues with the intersection.
Randy Price, resident of Lakeside Beach, addressed the court about the intersection and spoke about the elderly residents' safety.
Robert Glosson, resident of Spicewood Beach, addressed the court about the police supervision of the intersection to watch the speeders, and is opposed to having a stop sign.
David Bailey, resident of Lake Oak Ranch, addressed the court about stop sign and is opposed.
Karen Bruett, resident of Lakeside Beach, addressed the court about the traffic and suggested that the stop sign be installed temporarily. 
Mark Strautz, resident, addressed the court about and the growth in the neighborhood and is for the stop sign.

The court reopened the negotiations with Matt King regarding additional right of way acquisition at CR 410 and Lakeside Beach and steps required to complete the acquisition.

Commissioner Dockery, addressed the court about the visibility and height of the fence from the intersection. Dockery stated that the commissioner's court does not have any law enforcement authority.

Commissioner Dockery acknowledged receipt of the survey of right of way on CR 404.

As there was no further business to discuss Judge Oakley adjourned the meeting at 10:00 a.m.