REGULAR MEETING DATE: Tuesday, August 10, 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. Presentation by Sierra Sees from Connected Nation in regards to the Technology Action Plan Summary, for broadband internet access for citizens in Burnet County (Oakley)
 
5. Discussion and/or action regarding the request for funds from Cassie VFD (Oakley/Smith)
 
6. Discussion and/or action regarding matters pertaining to the Tuesday, November 2, 2021 Constitutional Amendment Election:
    a. Approve consolidation of precincts for Election Day (see Polling Place Scheme)
    b. Approve number of poll workers for Early Voting.  Election Day, and Early Voting Ballot Board (see Judges for Consolidated Precincts)
    c. Appoint precinct judges and alternates for the consolidated precincts and Early Voting Ballot Board presiding judge (attached Judges for Consolidated Precincts)
 
7. Presentation regarding the Burnet County 2021 voter approval, no new revenue property rates and the 2021 certified values (Oakley/Smith)
 
8. Discussion and/or action regarding the proposed tax rate which will fund the FY 2022 Budget (Oakley/Smith)
 
9. Discussion and/or action regarding setting the date and time for a public hearing on the proposed 2021 tax rate which will fund the 2022 Budget (Oakley/Smith)
 
10. Discussion and/or action regarding setting the date and time for a public hearing on the 2022 proposed budget and the county clerk and district clerk records management plan (Oakley/Smith)
 
11. Discussion and/or action regarding FY 22 Budget topics (Oakley)
 
12. Discussion and/or action concerning approval of Bond for Scott Bryan Green, Deputy Constable (Parker)
 
13. Discussion and/or regarding the approval to send 30 day notice requesting to terminate the agreement for professional services with JBI for the Title IV-E Legal Initiative as indicated in Section 3.03 of the agreement (Oakley/Smith/Arredondo)
 
14. Discussion and/or action regarding an amendment to the Personnel Policy to include leave mandated by Texas HB 2073 (Oakley/S. Luther)
 
15. Discussion and/or action in regards to the FY22 Holiday Calendar (Oakley/S.Luther)
 
16. Discussion and/or action in regards to the Silver Choice Supplement Options, an insurance plan option or Burnet County employees and retirees over the age of 65 (Oakley/S. Luther)
 
17. Discussion and/or action accepting the donation deed of 6.31 acres from Collier Materials for right of way access to create roadway (Luther)
 
18. Discussion and/or action concerning the cancellation of the Waterford Club, Phase 1A, Phase 1A Plat 1.1 and Phase 1B subdivision pursuant to 232.008 of the Texas Local Government Code (Wall)
 
19. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Lafawn Ribera for an approximately 16.5 acre tract out of an approximately 130 acre tract located in the 4500 block of CR 108 (Luther)
 
20. Discussion and/or action concerning the replat of lots 42, 43 and 44 of Clearwater Landing at LBJ, Plat No. 1.1 to be known as lots 42-A, 43-A, and 44-A, Clearwater Landing at LBJ, Plat No. 1.7 (Luther)
 
21. Discussion and/or action concerning a request from the Burnet County Subdivision Regulations by Tyler and Jennifer Robison for a waiver of the groundwater availability study for their proposed subdivision located off CR 330A (Wall)
 
22. Discussion and/or action concerning a replat of lots 263 and 264, Council Creek, Unit 1 to be known as lot 264-A Council Creek, Unit 1 (Luther)
 
23. Discussion and/or action concerning the final plat approval of Buena Vista, Section 7, a private subdivision consisting of 1 lot on 3.25 acres, located at 104 Sagebursh Lane, to satisfy LCRA on-site sewage requirements (Luther)
 
24. Discussion and/or action concerning an amended plat for Reed Ranch Estates subdivision to correct a clerical or scrivener’s error (Luther)
 
25. Discussion and/or action regarding the appointment of Pam McGregor to ESD #3 (Luther)
 
26. Discussion and/or action regarding the appointment of John Call to ESD #2 (Luther)
 
27. Discussion and/or action concerning any topics related to the COVID – 19 virus.
 
28. 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).   
           
29. Reconvene in Open Session. 
 
30. 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.
 
31. Discussion and/or action regarding Department Updates: (Oakley)
     a. Approval of monthly Treasurer’s Report – June 2021
     b. Approval of Quarterly Investment Report – 3^rd Qtr. FY21
           
 
32.  Acknowledgement of Receipt:
      a. MIS Monthly Summary Report
      b. Notice of Public Hearing and First Reading of Ordinance from City of Burnet
 
 
33. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:(Oakley)
      a. Vigilant Investigate Data Platform Service Agreement for HOTATTF to have license for Vigilant’s Commercial License Plate Reader Access.
      b.Temporary Raw Water Contract with LCRA 

34. Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings (Oakley)
             
 
 35. 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.
           
36. Discussion regarding any previous agenda items.
 
37. Calendar Review.
 
38.  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 Beierle led the court in Invocation and Pledge of Allegiance to the flags.

There were no comments from the public.

The Court heard a presentation by Sierra Sees from Connected Nation in regards to the Technology Action Plan Summary for broadband internet access for citizens in Burnet County. 

The Court discussed matters pertaining to the Tuesday, November 2, 2021 Constitutional Amendment Election: Approve consolidation of precincts for Election Day (see Polling Place Scheme). Approve number of poll workers for Early Voting.  Election Day, and Early Voting Ballot Board (see Judges for Consolidated Precincts). Appoint precinct judges and alternates for the consolidated precincts and Early Voting Ballot Board presiding judge (attached Judges for Consolidated Precincts). Doug Ferguson, Election Administrator, spoke about upcoming voting. Commissioner Beierle, requested there be a 6th voting center in the City of Briggs. Judge Oakley said this would have to be amended in the next Comissioners Court on August 24, 2021. Mr. Ferguson, informed the Court that voting starts October 17th, 2021 and will end October 29, 2021.

The Court took no action on this agenda item.

The Court discussed Department updates. Doug Ferguson, Elections Administrator addressed the Court about legislative changes and Senate Bill 598  which requires a voter verifiable paper trail effective September 1, 2026. 

The Court took no action on this agenda item.

The Court discussed the final plat of Buena Vista, Section 7, a private subdivision consisting of 1 lot on 3.25 acres, located at 104 Sagebursh Lane, to satisfy LCRA on-site sewage requirements.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the final plat approval of Buena Vista, Section 7, a private subdivision consisting of 1 lot on 3.25 acres, located at 104 Sagebursh Lane, to satisfy LCRA on-site sewage requirements.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the replat of lots 42, 43 and 44 of Clearwater Landing at LBJ, Plat No. 1.1 to be known as lots 42-A, 43-A, and 44-A, Clearwater Landing at LBJ, Plat No. 1.7.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of lots 42, 43 and 44 of Clearwater Landing at LBJ, Plat No. 1.1 to be known as lots 42-A, 43-A, and 44-A, Clearwater Landing at LBJ, Plat No. 1.7.

Vote: 5 - 0 Passed - Unanimously

The Court disscused the cancellation of the Waterford Club, Phase 1A, Phase 1A Plat 1.1 and Phase 1B subdivision pursuant to 232.008 of the Texas Local Government Code. Herb Darling, Development Services stated the new owners want to vacate and start over. The public notice has been published in the newspaper according to state statue. 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the cancellation of the Waterford Club, Phase 1A, Phase 1A Plat 1.1 and Phase 1B subdivision pursuant to 232.008 of the Texas Local Government Code.

Vote: 5 - 0 Passed - Unanimously

The Court discussed an amended plat for Reed Ranch Estates subdivision to correct a clerical or scrivener’s error. 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the amended plat for Reed Ranch Estates subdivision to correct a clerical or scrivener’s error.

Vote: 5 - 0 Passed - Unanimously

The Court discussed a request from the Burnet County Subdivision Regulations by Tyler and Jennifer Robison for a waiver of the groundwater availability study for their proposed subdivision located off CR 330A. Commissioner Wall stated the Robison's were unable to afford the cost of the groundwater study. Commissioner Wall stated at this time he would not support this request. 

The Court took no action on this agenda item.

The Court discussed a replat of lots 263 and 264, Council Creek, Unit 1 to be known as lot 264-A Council Creek, Unit 1.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of lots 263 and 264, Council Creek, Unit 1 to be known as lot 264-A Council Creek, Unit 1.

Vote: 5 - 0 Passed - Unanimously

The Court discussed a request for a variance from the Burnet County Subdivision Regulations by Lafawn Ribera for an approximately 16.5 acre tract out of an approximately 130 acre tract located in the 4500 block of CR 108. 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a request for a variance from the Burnet County Subdivision Regulations by Lafawn Ribera for an approximately 16.5 acre tract out of an approximately 130 acre tract located in the 4500 block of CR 108.

Vote: 5 - 0 Passed - Unanimously

The Court discussed FY 22 Budget. Kelly Tarla, Agrilife Extension Agent  informed the court London Jones will be relocating to Stephenville. Since Miss Jones is leaving this will open up a request for an additional Agrilife Extension Agent. This would be to replace Miss Jones. Judge Oakley stated he will write the letter to request the Grant for this position and if granted, will be a line item budget amendment. The amount would be $21,830.00 from the General Fund budget. 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to authorize Judge Oakley to write a letter for a Grant to fund a Agrilife Extension Agent.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the donation deed of 6.31 acres from Collier Materials for right of way access to create roadway. Commissioner Luther, stated this would create a new road from 1980 to C.R. 120. Commissioner Luther said the road will be around 1700 feet long and thanked Collier Materials and the Collier family for their donation

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the donation deed of 6.31 acres from Collier Materials for right of way access to create roadway.

Vote: 5 - 0 Passed - Unanimously

The Court discussed FY 22 Budget. Judge Oakley stated all four Justice of The Peace Judges were requesting two extra clerks and request their Chief Clerks moved to pay grade 68. 

The Court discussed amendment to the Personnel Policy to include leave mandated by Texas HB 2073. Judge Oakley, stated this has been reviewed by Eddie Arredondo, County Attorney, with a few minor adjustments. 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to amend the Personnel Policy to include leave mandated by Texas HB 2073.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the FY22 Holiday Calendar. The Commissioners as well as Judge Oakley decided to add December 24th as a paid holiday. 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the FY22 Holiday Calendar adding December 24, 2021.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the Silver Choice Supplement Options, an insurance plan option or Burnet County employees and retirees over the age of 65 . Sara Ann Luther, Human Resource Director, recommended to select the plan that the County has in place. The County has no retirees that use this plan at this time. 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Silver Choice Supplement Options, an insurance plan option for Burnet County employees and retirees over the age of 65.

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the retirees spouse to be added to the Silver Choice Supplement Plan with no cost to the County.

Vote: 5 - 0 Passed - Unanimously

The Court discussed Department Updates:
a. Approval of monthly Treasurer’s Report – June 2021
b. Approval of Quarterly Investment Report – 3^rd Qtr. FY21. Karrie Crownover, County Treasurer, read the Treasurer's Report as well as the Quarterly      Investment Report to the Court. 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve of monthly Treasurer’s Report – June 2021, and the Quarterly Investment Report – 3^rd Qtr. FY21.

Vote: 5 - 0 Passed - Unanimously

Herb Darling Developmet Services, updated the Court saying his department is leveling off but not dropping in volume. Sara Ann Luther, Human Resources, wanted to remind County Employees that open enrollment will be effective October 1st, and all employees have been made aware of the changes. Miss Luther will be meeting with employees to explain the new changes and have employees sign required documentation.

 The Court discussed the request for funds from Cassie VFD. 

The Court took no action

The Court heard a presentation from Karin Smith, Burnet County Auditor regarding the Burnet County 2021 voter approval, no new revenue property rates and the 2021 certified values.

The Court took no action on this agenda item.

The Court discussed the proposed tax rate which will fund the FY 2022 Budget. The Budget was built around the tax rate being .3997.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the proposed tax rate which will fund the FY 2022 Budget.

Vote: 5 - 0 Passed - Unanimously

The Court discussed setting the date and time for a public hearing on the proposed 2021 tax rate which will fund the 2022 Budget. Karin Smith, County Auditor, recommened the public hearing be held on the 24th of August, in the County Court House. 

The Court discussed setting the date and time for a public hearing on the 2022 proposed budget and the county clerk and district clerk records management plan. Karin Smith, County Auditor, recommended that the meeting be held August 24th at 9:30 a.m. at the County Court House. 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve setting the date and time for a public hearing on the 2022 proposed budget and the county clerk and district clerk records management plan.

Vote: 5 - 0 Passed - Unanimously

The Court discussed approval of Bond for Scott Bryan Green, Deputy Constable.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Bond for Scott Bryan Green, Deputy Constable.

Vote: 5 - 0 Passed - Unanimously

The Court discussed FY 22 Budget Topics. 

The Court took no action on this agenda item.

The Court discussed the approval to send 30 day notice requesting to terminate the agreement for professional services with JBI for the Title IV-E Legal Initiative as indicated in Section 3.03 of the agreement. Eddie Arredondo, County Attorney, addressed the Court explaining this company assist Burnet County in obtaining reimbursement funds from the Federal Government spent in the Child Welfare system. However, after review of the current efforts, it is believed that the reimbursement of funds is minimal in comparison to manpower or effort of the county employees in creating the necessary records for reimbursement. 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve to send 30 day notice requesting to terminate the agreement for professional services with JBI for the Title IV-E Legal Initiative as indicated in Section 3.03 of the agreement.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the appointment of Pam McGregor to ESD #3.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the appointment of Pam McGregor to ESD #3.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the appointment of John Call to ESD #2.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the appointment of John Call to ESD #2.

Vote: 5 - 0 Passed - Unanimously

The Court discussed any topics related to the COVID – 19 virus. 

The court took no action.

The court took no action.

The court took no action.

The  Court discussed Acknowledgement of Receipt:
a.   MIS Monthly Summary Report
b.   Notice of Public Hearing and First Reading of Ordinance from City of Burnet

The Court discussed contracts, agreements or grants to be approved and/or ratified:
a. Vigilant Investigate Data Platform Service Agreement for HOTATTF to have license for Vigilant’s Commercial License Plate Reader Access.
b. Temporary Raw Water Contract with LCRA.

Karin Smith, County Auditor requested to add an Interlocal Agreement for 911 Geographical Information System Database Management.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Vigilant Investigate Data Platform Service Agreement for HOTATTF to have license for Vigilant’s Commercial License Plate Reader Access, Temporary Raw Water Contract with LCRA and Interlocal Agreement for 911 Geographical Information System Database Management.

Vote: 5 - 0 Passed - Unanimously

Judge Oakley, requested an update on the roof repair bid for the Jail. Karin Smith, County Auditor, asked for approval to go out for RFQ.

The Court took no action on this agenda item.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve going out for RFQ for architectural services.

Vote: 5 - 0 Passed - Unanimously

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

The Court discussed previous agenda items. 

The Court disucssed calendar review.

The Court adjourned at 11:45 a.m.