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, August 24, 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 approval to accept and sign the Statement of Grant Award for the FY21 MVCPA Rapid Response Srikeforce Grant for two License Plate Readers for the Heart of Texas Auto Theft Task Force. (Oakley)
 
5. Discussion and/or action concerning order for establishing criteria for redistricting of political boundaries. (Oakley)
 
6. Discussion and/or action regarding the public notice for Burnet County’s Indigent Health Care Eligibility Standards. (Oakley)
 
7. Discussion and/or action concerning possible changes to Commissioners Court meeting dates for 12.14.21 & 12.28.21. (Oakley)
 
8. Public Hearing at 9:30 a.m. pursuant to Government Code 51.305 for the Preservation and Restoration of District Clerk Records. (Oakley)
 
9. Public Hearing at 9:30 a.m. on the County Clerk Records Management Plan. (Oakley)
 
10. Public Hearing at 9:30 a.m. on the 2021-2022 Budget. (Oakley)
 
11. Discussion and/or action regarding at on the 2021-2022 Budget and take action as necessary. (Oakley)
 
12. Consider and take action on the adoption of the 2021-2022 Budget. (Oakley)
 
13. Public Hearing at 9:30 a.m. on the 2021 Property Tax Rate. (Oakley)
 
14. Consider and take action to adopt the 2021 Property Tax Rate which will fund the 2021-2022 Budget. (Oakley)
 
15. Consider and take action to ratify the 2021 Property Tax Rate. (Oakley)
 
16. 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)
d. Order the Constitutional Amendment Special Election (see November 2021 CONSTITUTIONAL AMENDEMENTS ORDER OF SPECIAL ELECTION) (Oakley)
 
17. Discussion and/or action concerning any topics related to the COVID –19 virus.
 
18. Discussion and/or action concerning amended plat of Big Creek Ranch, phase one as shown on Plat Recorded in Document No. 20211152 of the Official Public Records of Burnet County, Texas (Luther)
 
19. Discussion and/or action concerning a replat of lots 47,48,49,72,73,74,75,76 and portions of lots 70 and 71, Buena Vista, lots 50,51 and 52, Buena Vista, to satisfy LCRA onsite sewage requirements. (Luther)
 
20. Discussion and/or action concerning the approval of an amended plat of Big Creek Ranch, phase 1 to correct a clerical or scrivener’s error to show the LCRA conservation easements. (Luther)
 
21. Discussion and/or action concerning the preliminary plat approval for Cross Timbers Ranch, a private subdivision consisting of 242 lots on 1472.27 acres, located at 6100 FM 1478. (Luther
 
22. 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).   
           
 
23. Reconvene in Open Session. 
 
24. 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.
 
25.  Discussion and/or action regarding Department Updates: (Oakley)
a. Approval of Treasurer’s Monthly Report –July 2021
           
26.  Acknowledgement of Receipt:
a. Texas Commission on Environmental Quality Order approving the Creation of South Burnet Municipal Utility No. 1
b. Texas Commission on Environmental Quality Order approving the Creation of South Burnet Municipal Utility No. 2
c. Texas Commission on Environmental Quality Order approving the Creation of South Burnet Municipal Utility No. 3
 
27. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
 a. Approval to sign Amendment 1 for the FY CAPCOG Solid Waste Management Activities Grant (HHW) contract 20-12-02 to increase our grant from $40,185.10 to $41,294.71 an increase of $1,109.61.
b. Agreement for pest control services with Circle S Pest Control, Inc. The rate did not change for FY22, treatment for RB2 has been added to the agreement.
c. Approval to accept and sign the agreement for use of Reliable Tire Disposal Trailer for the October 16, 2021 Household Hazardous Waste Collection Event.
         a. Discussion regarding the contract labor agreement with Brother Concrete work to be performed at the Historic Jail.
         b. Discussion regarding the FY22 contract with the Hill Country Humane Society.
         c. Sponsorship approval for Marble Falls Concert Series for the amount of $2500.00 
 
28.  Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
             
 
 29.  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.

           
30. Discussion regarding any previous agenda items.
 
31. Calendar Review.
 
32.  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.

Mark Strockey, requested an update on the County Recycling Program. Judge Oakley stated he would address this request under Department Updates.

The Court discussed a replat of lots 47,48,49,72,73,74,75,76 and portions of lots 70 and 71, Buena Vista, lots 50,51 and 52, Buena Vista, to satisfy LCRA onsite sewage requirements.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a replat of lots 47,48,49,72,73,74,75,76 and portions of lots 70 and 71, Buena Vista, lots 50,51 and 52, Buena Vista, to satisfy LCRA onsite sewage requirements.

Vote: 5 - 0 Passed - Unanimously

Herb Darling, Development Services stated this item is a duplicate of agenda item number 20. 

The Court took no action on this agenda item.

The Court discussed the approval of an amended plat of Big Creek Ranch, Phase 1 to correct a clerical or scrivener’s error to show the LCRA conservation easements. Herb Darling, Development Services, stated the easement was left off of the first plat.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the amended plat of Big Creek Ranch, Phase 1 to correct a clerical or scrivener’s error to show the LCRA conservation easements.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the preliminary plat approval for Cross Timbers Ranch, a private subdivision consisting of 242 lots on 1472.27 acres, located at 6100 FM 1478.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the preliminary plat of Cross Timbers Ranch, a private subdivision consisting of 242 lots on 1472.27 acres, located at 6100 FM 1478.

Vote: 5 - 0 Passed - Unanimously

The Court discussed Department Updates. Judge Oakley, stated we are working with Waste Management for a recycling services for Burnet County. The County is working with Waste Management to allow them to use more property as they are currently at capacity at the transfer station. Waste Management would like to meet again in a month with a site plan. Commissioner Dockery, stated Waste Management is willing to help as much as possible with the recycling program for Burnet County. Burnet County Household Hazardous Waste event will be held October 16, 2021 from 9:00 a.m. to 1:00 p.m. at FM 963 in Burnet.

The Court took no action on this agenda item.

The Court discussed accepting and sign the Statement of Grant Award for the FY21 MVCPA Rapid Response Srikeforce Grant for two License Plate Readers for the Heart of Texas Auto Theft Task Force. 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to accept and sign the Statement of Grant Award for the FY21 MVCPA Rapid Response Strikeforce Grant for two License Plate Readers for the Heart of Texas Auto Theft Task Force.

Vote: 5 - 0 Passed - Unanimously

The Court discussed order for establishing criteria for redistricting of political boundaries. Judge Oakley, stated that Burnet County has engaged with Allison, Bass & McGee, Attorneys at Law  for the redistricting process. Burnet County's new census poplulation is 49,130. This order will set the parameters of the redistricting process. 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the order for establishing criteria for redistricting of political boundaries.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the public notice for Burnet County’s Indigent Health Care Eligibility Standards.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the public notice for Burnet County’s Indigent Health Care Eligibility Standards.

Vote: 5 - 0 Passed - Unanimously

The Court discussed possible changes to Commissioners Court meeting dates for 12.14.21 & 12.28.21. Judge Oakley, requested to move the Commissioners Court meeting dates to 12.7.21 & 12.21.21.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to move the Commissioners Court meeting dates to December 7, 2021 and December 21, 2021.

Vote: 5 - 0 Passed - Unanimously

The Court discussed Department Updates: a. Approval of Treasurer’s Monthly Report - July 2021. Deanne Fisher, Assistant Treasurer, presented the Treasurer's monthly Report from July 2021.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Damon Beierle to accept the Treasurer’s Monthly Report – July 2021.

Vote: 5 - 0 Passed - Unanimously

The Court discussed 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)
d. Order the Constitutional Amendment Special Election (see November 2021 CONSTITUTIONAL AMENDMENTS ORDER OF SPECIAL ELECTION)

The Court discussed adding Briggs as a 6th location. Commissioner Beierle, spoke saying that he unintentionally miss spoke at the previous court meeting clarifying it is not a 90-mile round trip for voting it is around 73 to 75 miles. The additional cost would be 800.00 to 1000.00 for Briggs to have a polling location. 

 

Motion is made by: Commissioner Precinct 2 Damon Beierle,  to entertain adding a polling location to Briggs. Motion dies as there was no second.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the five election day consolidated polling locations (see Polling Place Scheme), number of poll workers for Early Voting.

Vote: 4 - 1 Passed

Nay:

Commissioner Precinct 2 Damon Beierle

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve number of poll workers for Early Voting, Election Day, and Early Voting Ballot Board (see Judges for Consolidated Precincts)

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve appointing precinct judges and alternates for the consolidated precincts and Early Voting Ballot Board presiding judge (attached Judges for Consolidated Precincts)

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the Order the Constitutional Amendment Special Election (see November 2021 CONSTITUTIONAL AMENDMENTS ORDER OF SPECIAL ELECTION)

Vote: 5 - 0 Passed - Unanimously

The Court held a Public Hearing pursuant to Government Code 51.305 for the Preservation and Restoration of District Clerk Records.  Judge Oakley, closed the Public Hearing as there were no comments from the Public

The court held a Public Hearing on the County Clerk Records Management Plan. Janet Parker, County Clerk, stated this will be the last year of this 5 year plan. Ms. Parker stated this is one of the largest projects she has completed since taking office. There will be a $300,000.00 payment made to Kofile in December 2022.  Judge Oakley closed the Public Hearing as there were no comments from the Public. 

Judge Oakley, opened up the Public Hearing for the 2021-2022 Budget. Kara Chasteen, Burnet County Republican Party Chair, had several questions about the budget and the debt. Karin Smith, County Auditor, stated the County is well under the threshold of debt for a County of our size. Ms. Chasteen, asked how much of the County's debt was from the jail. Commissioner Dockery, stated the original amount of the loan was $14,845,000.00 and at this time the County has retired $12,980,000.00 on a 20 year note. Judge Oakley, stated the building was purchased at 0.37 cents on the dollar. Judge Oakley closed the Public Hearing as there were no other comments from the Public.

The Court discussed the 2021-2022 Budget and take action as necessary.  Judge Lisa Whitehead and Judge Jane Marie Hurst addressed the court requesting the court clerks be reclassified to pay grade 61 or 62 on the county pay scale. Commissioner Dockery, stated the court had requested case load information for each court. Judge Oakley, stated that for the record, there were other requests for changes that were not approved in the budget process. Judge Whitehead stated pay scale increases that were approved, did not have to have a study. Judge Whitehead stated she does not understand why their request does. Karin Smith, County Auditor stated the reclassification to pay scale 61 for the Justice of the Peace clerks would total $23,000.00.  



Commissioner Dockery requested to stay under this agenda item requesting clarification of the Sheriffs budget, the current step program in place versus moving to the model  State Longevity Plan.  Comm. Dockery requested clarification if there will be a decrease in pay. Karin Smith, County Auditor, stated it would not decrease the employees pay. Calvin Boyd, Burnet County Sheriff, expressed how his officers will lose $50.00 a paycheck since the County is wanting to change from the current pay scale to a new longevity plan. Mr. Boyd stated he is going to have a hard time keeping employees if this passes. 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to move the clerks from the four Justice of the Peace precincts from a pay grade 60 to a 62 funding from the unallocated account in the amount up to $24,000.00

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle  to reflect the adjustments of the FY-2022 Budget that was submitted by the County Auditor in todays Court Meeting.

Vote: 5 - 0 Passed - Unanimously

The Court discussed the adoption of the 2021-2022 Budget.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the 2021-2022 Budget with the changes made from agenda item #11.

James Oakley, County Judge called for a record vote. Voting in favor of the motion: Jim Luther, Commissioner Precinct 1, Damon Beierle, Commissioner Precinct 2, Billy Wall, Commissioner Precinct 3, Joe Don Dockery, Commissioner Precinct 4, and James Oakley, County Judge.

Vote: 5 - 0 Passed - Unanimously

The Court held a Public Hearing on the 2021 Property Tax Rate. The Tax Rate is set at 0.3997. Judge Oakley asked if there was anyone to speak on the proposed tax rate. Kara Chasteen, Burnet County Republican Chair, spoke saying that as our revenues go up there are concerns from the public taxes are increasing and funding of the Sheriffs Department. Judge Oakley, stated that this budget allows for four new Sheriff Deputies. As there was no one else to speak under the Public Hearing, Judge Oakley closed the public hearing.

The Court discussed adopting the 2021 Property Tax Rate which will fund the 2021-2022 Budget. 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to adopt the tax rate for debt service at .05

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to adopt the tax rate for M&O at .3030 for the General Fund and .0467 for Road and Bridge Fund for a total tax rate of .3997.

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to move that the property tax rate be increased by the adoption of a tax rate of .3997 which is effectively a 9% percent increase in the tax rate.

James Oakley, County Judge called for a record vote. Voting in favor of the motion: Jim Luther, Commissioner Precinct 1, Damon Beierle, Commissioner Precinct 2, Billy Wall, Commissioner Precinct 3, Joe Don Dockery, Commissioner Precinct 4, and James Oakley, County Judge.

Vote: 5 - 0 Passed - Unanimously

The Court discussed ratifying the 2021 Property Tax Rate.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to ratify the 2021 Property Tax Rate.

Vote: 5 - 0 Passed - Unanimously

Judge Oakley stated testing and vaccines are available in Burnet County. The testing positivity rate is around 20-25%. 

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 took no action on this agenda item.

The Court Acknowledged the Receipts:
a. Texas Commission on Environmental Quality Order approving the Creation of South Burnet Municipal Utility No. 1
b. Texas Commission on Environmental Quality Order approving the Creation of South Burnet Municipal Utility No. 2
c. Texas Commission on Environmental Quality Order approving the Creation of South Burnet Municipal Utility No. 3
 

The Court discussed contracts, agreements or grants to be approved or ratified: 

1. Approval to sign Amendment 1 for the FY CAPCOG Solid Waste Management Activities Grant (HHW) contract 20-12-02 to increase our grant from $40,185.10 to $41,294.71 an increase of $1,109.61.
2. Agreement for pest control services with Circle S Pest Control, Inc. The rate did not change for FY22, treatment for RB2 has been added to the agreement.
3. Approval to accept and sign the agreement for use of Reliable Tire Disposal Trailer for the October 16, 2021 Household Hazardous Waste Collection Event.
4. Discussion regarding the contract labor agreement with Brother Concrete work to be performed at the Historic Jail
5. Discussion regarding the FY22 contract with the Hill Country Humane Society.
6. Sponsorship approval for Marble Falls Concert Series for the amount of $2500.00

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve to sign Amendment 1 for the FY CAPCOG Solid Waste Management Activities Grant (HHW) contract 20-12-02 to increase our grant from $40,185.10 to $41,294.71 an increase of $1,109.61. Agreement for pest control services with Circle S Pest Control, Inc. The rate did not change for FY22, treatment for RB2 has been added to the agreement, Approval to accept and sign the agreement for use of Reliable Tire Disposal Trailer for the October 16, 2021 Household Hazardous Waste Collection Event. Contract labor agreement with Brother Concrete work to be performed at the Historic Jail. FY22 contract with the Hill Country Humane Society.
The HOTATTF grant in the amount of $220,895.00

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve Sponsorship approval for Marble Falls Concert Series for the amount of $2500.00

Vote: 4 - 0 Passed

Other:

Commissioner Precinct 2 Damon Beierle (Abstain)

The Court took no action on this agenda item.

The Court discussed the Consent Agenda.

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.

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 took no action on this agenda item.

The Court discussed Calendar Review.

Commissioner Dockery, entered into the record Marble Falls Area EMS celebrates 20 years of dedication and service to Horseshoe Bay and South Eastern Llano County. In 2001 four years before Horseshoe Bay became an incorporated city, Marble Falls Area EMS contracted with Horseshoe Bay MUD as the EMS provider that area, that would eventually become the City of Horseshoe Bay in 2005. In 2002 the citizens of Horseshoe Bay, Burnet County, and Llano County, formed Burnet County ESD 1 and Llano County ESD 1 to secure a cost funding stream for several thousand citizens. Marble Falls Area EMS,  a 501-c3 has provided services for 25 years. Commissioner Dockery, congratulated and thanked them for their 20 years of service.

The Court adjourned at 11:17 a.m.