County of Burnet {} On this the 28th day of March 2023, the Burnet County Commissioners Court met in regular session. The following members of the court were present:
- Present:
- Commissioner Precinct 1 Jim Luther, Jr.; Commissioner Precinct 2 Damon Beierle; Commissioner Precinct 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
- Absent:
- County Judge James Oakley
- Attendees:
- Stephanie McCormick, Comm. Court Coordinator; Vicinta Stafford, County Clerk; Karin Smith, County Auditor
- Attendees:
- Brittney Smith, Deputy Clerk
REGULAR MEETING DATE: Tuesday March 28, 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. Presentation to Spicewood Fire Rescue Captain Andrew Hunt for valiant efforts in firefighting relating to two fires threatening Summit Springs Subdivision (Dockery)
5. Presentation and discussion regarding an update from Central Texas Water Coalition by Jo Karr Tedder (Dockery)
6. Presentation of the Burnet County Comprehensive Annual Financial Report for the fiscal year ended September 30, 2022 by Patillo, Brown and Hill, LLP (Dockery/Smith)
7. Discussion and/or action on regarding waiver of property tax penalties and interest for Wildflower Senior Living at 601 CR 340A, Burnet, Tx., due to reported error by agent of property owner (Dockery)
8. Discussion and/or action regarding the acceptance of a donation deed of a 417 sq. ft. parcel of additional right-of-way from Gridirion Creek Ranch, LTD on CR 404 to include the waiving of any county recording fees (Dockery)
9. Discussion and/or action allowing the use of county equipment and manpower to assist the Burnet Rodeo Association in arena preparation for their upcoming fundraiser (Beierle)
10. Discussion and/or action regarding the donation to Burnet Co. Historical Commission from B. Darrell Debo Estate in the Amount of $20,776.86 (Dockery/Crownover)
11. Discussion and/or action regarding approval to enter the property of Nita Profitt to clear brush along the roadway at the intersection of FM 2147 East & CR 404 to improve visibility and sight distance for traffic therefore serving a public purpose. Permission from property owner has been secured (Dockery)
12. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision regulations by Walton Cotton, Jr., for an 8.58 acre tract out of a 96.79 acre tract identified as BCAD parcel 59003, located in the 1600 block of CR 204 (Beierle)
13. Discussion and/or action concerning the replat of lots 82 and 83, Summit Springs, to be known as lot 82A, Summit Springs, a combination of 2 lots into 1 (Dockery)
14. Discussion and/or action concerning a replat of lot 2-A, Barton Creek Lakeside, Phase 5, Sec. 1, to be known as lots 2-B and 3-A, Barton Creek Lakeside, Phase 5, Sec. 1, creating 2 lots from 1 lot (Dockery)
15. Discussion and/or action concerning a replat of lots 148-151 and 127-130, Council Creek South, Unit No. 1, to be known as lot 148A, Council Creek South, Unit No. 1, a combination of 8 lots into 1 (Luther)
16. Discussion and/or action concerning a replat of lots 11 and 12, Block 1, Legendary Estates on Lake LBJ, to be known as lot 11-A, Block 1, Legendary Estates on Lake LBJ, a combination of 2 lots into 1 (Luther)
17. Discussion and/or action concerning the preliminary plat hearing for Thunderbird Square, a subdivision consisting of 5 lots on 1.415 acres also known as BCAD parcel #56168 (Dockery)
18. Discussion and/or action concerning the replat of lots 36-A and 37-A, Clearwater Landing at LBJ, Plat No. 1.2, to be known as lots 36-B and 37-B, Clearwater Landing at LBJ, Plat No. 1.8, reconfiguring lot lines to match surface improvements (Luther)
19. Discussion and/or action concerning a replat of Estate Lots 4, 5 and 6, Block 1, and lots 3, 10, 11, 12, 13, and 14, Business Block 1 to be known as Lots 4-A, and 6-A, Estate Lots, Block 1 and lots 10-A and 14-A, Business Block 1, Briggs, Texas (Beierle)
20. Discussion and/or action concerning the preliminary plat for Kingsland Family Dollar, a private subdivision consisting of 1 lot on 1.94 acres located east of the intersection of FM 1431 and FM 2342 (Luther)
21. Discussion and/or action regarding the Treasurer’s monthly report for February 2023 (Dockery/Crownover)
22. Discussion and/or action regarding the approval to submit an Intent to Submit an Application, apply for and sign resolution for grant with Texas Indigent Defense Commission for FY 2024 Indigent Defense Improvement Grant for an additional Social Worker for the North Hill Country Public Defender’s Office (Dockery/Smith/Kight)
23. Discussion and/or action regarding the approval to apply and sign the resolution for the FY 24 MVCPA grant for the Heart of Texas Auto Theft Task Force (Dockery/Smith)
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:
28. Acknowledgement of Receipt:
a. Burnet Central Appraisal District 2023 Budget Amendments
29. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Bertram Art Herb Wine Festival Sponsorship Application –Tourism
b. Reliable Tire Agreement for the tire trailer for the BOPATE scheduled for April 29, 2023
c. Approve and sign Green Planet pricing change for the BOPATE scheduled for April 29, 2023
d. Agreement with Hoover Valley Fire Dept.
30. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings
31. The following items are part of the Consent Agenda and require no deliberation by the Commmissioner’s Court. Any item from this agenda may be considered separately:
a. Consideration and approval of any pending personnel issues within the policy.
b. Consideration and approval concerning budget amendments.
c. Consideration and approval concerning budget line item transfers.
d. Consideration and authorization of payment of claims previously approved by the County Auditor.
e. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
f. Consideration and approval regarding Departmental equipment requests and/or property transfers.
g. Correspondence.
32. Discussion regarding any previous agenda items.
33. Calendar Review.
34. Adjournment.
Joe Don Dockery, Comm. Pct. 4
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.
Call to Order
Invocation and Pledge of Allegiance to the Flags
Public Comments
Presentation
Spicewood Fire Rescue
Captain Andrew Hunt
Department Updates
The court took no action on this agenda item.
Presentation
Central Texas Water Coalition
The court took no action on this agenda item.
Presentation
Patillo, Brown and Hill, LLP
Donation Deed
Gridirion Creek Ranch, LTD on CR 404
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a donation deed of a 417 sq. ft. parcel of additional right-of-way from Gridirion Creek Ranch, LTD on CR 404 to include the waiving of any county recording fee.
Vote: 4 - 0 Passed - Unanimously
Treasurer's Monthly Report
February 2023
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 February 2023
Vote: 4 - 0 Passed - Unanimously
Donation
Burnet County Historical Commission
B. Darrell Debo Estate
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept the donation to Burnet Co. Historical Commission from B. Darrell Debo Estate in the Amount of $20,776.8.
Vote: 4 - 0 Passed - Unanimously
Request for Variance
Walton Cotton, Jr.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request for a variance from the Burnet County Subdivision regulations by Walton Cotton, Jr., for an 8.58 acre tract out of a 96.79 acre tract identified as BCAD parcel 59003, located in the 1600 block of CR 204.
Vote: 4 - 0 Passed - Unanimously
Grant with Texas Indigent Defense Commission
Social Worker for the North Hill Country
Public Defender's Office
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to submit an Intent to Submit an Application, apply for and sign resolution for grant with Texas Indigent Defense Commission for FY 2024 Indigent Defense Improvement Grant for an additional Social Worker for the North Hill Country Public Defender’s Office.
Vote: 4 - 0 Passed - Unanimously
Replat
Summer Springs
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a replat of lots 82 and 83, Summit Springs, to be known as lot 82A, Summit Springs, a combination of 2 lots into 1.
Vote: 4 - 0 Passed - Unanimously
Replat
Barton Creek Lakeside
Phase 5, Section 1
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve a replat of lot 2-A, Barton Creek Lakeside, Phase 5, Sec. 1, to be known as lots 2-B and 3-A, Barton Creek Lakeside, Phase 5, Sec. 1, creating 2 lots from 1 lot.
Vote: 4 - 0 Passed - Unanimously
Replat
Council Creek South Unit No. 1
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of lots 148-151 and 127-130, Council Creek South, Unit No. 1, to be known as lot 148A, Council Creek South, Unit No. 1, a combination of 8 lots into 1.
Vote: 4 - 0 Passed - Unanimously
Legendary Estates
on Lake LBJ
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a replat of lots 11 and 12, Block 1, Legendary Estates on Lake LBJ, to be known as lot 11-A, Block 1, Legendary Estates on Lake LBJ, a combination of 2 lots into 1.
Vote: 4 - 0 Passed - Unanimously
Preliminary Plat
Thunderbird Square
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a preliminary plat hearing for Thunderbird Square, a subdivision consisting of 5 lots on 1.415 acres also known as BCAD parcel #56168.
Vote: 4 - 0 Passed - Unanimously
Replat
Clearwater Landing at LBJ
Plat No 1.8
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of lots 36-A and 37-A, Clearwater Landing at LBJ, Plat No. 1.2, to be known as lots 36-B and 37-B, Clearwater Landing at LBJ, Plat No. 1.8, reconfiguring lot lines to match surface improvements.
Vote: 4 - 0 Passed - Unanimously
Preliminary Plat
Kingsland Family Dollar
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the preliminary plat for Kingsland Family Dollar, a private subdivision consisting of 1 lot on 1.94 acres located east of the intersection of FM 1431 and FM 2342.
Vote: 4 - 0 Passed - Unanimously
County Equipment & Manpower
Assistance Burnet Rodeo Association
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve allowing the use of county equipment and manpower to assist the Burnet Rodeo Association in arena preparation for their upcoming fundraiser. Commissioner Beierle informed the court that this is annual and to help the non-profit with the demolition derby.
Vote: 4 - 0 Passed - Unanimously
Tax Waiver
Wildflower Senior Living
The court took no action on this agenda item.
Clearing Brush
FM 2147 East & CR 404
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to enter the property of Nita Profitt to clear brush along the roadway at the intersection of FM 2147 East & CR 404 to improve visibility and sight distance for traffic therefore serving a public purpose. Permission from property owner has been secured.
Vote: 4 - 0 Passed - Unanimously
FY24 MVCPA Grant
Heart of Texas Auto Theft Task Force
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve to apply and sign the resolution for the FY 24 MVCPA grant for the Heart of Texas Auto Theft Task Force.
Vote: 4 - 0 Passed - Unanimously
Replat
Business Block 1, Briggs, Texas
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a replat of Estate Lots 4, 5 and 6, Block 1, and lots 3, 10, 11, 12, 13, and 14, Business Block 1 to be known as Lots 4-A, and 6-A, Estate Lots, Block 1 and lots 10-A and 14-A, Business Block 1, Briggs, Texas.
Vote: 4 - 0 Passed - Unanimously
Executive Session
Executive Session
The court took no action on this agenda item.
Executive Session
Department Updates
The court took no action on this agenda item.
Acknowledgement of Receipts
Contracts, Agreements,
or Grants
a. Bertram Art Herb Wine Festival Sponsorship Application – Tourism
Commissioner Beierle requested for item a. Bertram Art Herb Wine Festival Sponsorship Application – Tourism to be pulled out and voted on separately. Commissioner Dockery informed the court that tourism recommended the Gold Sponosrship for $1250.00.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve item a. Bertram Art Herb Wine Festival Sponsorship Application – Tourism
Vote: 3 - 0 Passed
- Other:
-
Commissioner Precinct 2 Damon Beierle (Abstain)
b. Reliable Tire Agreement for the tire trailer for the BOPATE scheduled for April 29, 2023
c. Approve and sign Green Planet pricing change for the BOPATE scheduled for April 29, 2023
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve items the Reliable Tire Agreement for the tire trailer for the BOPATE scheduled for April 29, 2023 and to Approve and sign Green Planet pricing change for the BOPATE scheduled for April 29, 2023.
Vote: 4 - 0 Passed - Unanimously
d. Agreement with Hoover Valley Fire Dept.
Commissioner Dockery informed the court that this is an amendment between Burnet County and the Hoover Valley Fire Department and the contracts agree and shall provide an additional $20,000.00 of funding to the contractor in assistance to purchase a fire truck and will be reimbursed after receipts are provided. Commissioner Beierle, requested to know the funding source for this item. Karin Smith, County Auditor, informed the court that the funding source would be provided and brought back to the court.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve item d. Agreement with Hoover Valley Fire Dept.
Vote: 4 - 0 Passed - Unanimously
Call for Bids
The court took no action on this agenda item.
Consent Agenda
a. Consideration and approval of any pending personnel issues within the policy.
b. Consideration and approval concerning budget amendments.
c. Consideration and approval concerning budget line item transfers.
d. Consideration and authorization of payment of claims previously approved by the County Auditor.
e. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
f. Consideration and approval regarding Departmental equipment requests and/or property transfers.
g. Correspondence.
Karin Smith requested to add item.h. Approval of out of state travel for an employee in the public defenders office.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the consent agenda.
Vote: 4 - 0 Passed - Unanimously
Previous Agenda Items
Calendar Review
Adjournment