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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 22nd 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 22, 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 matters pertaining to the Saturday, May 7, 2022 Constitutional Amendment Election:  Amend the Order of the constitutional Amendment Special Election (see 2022 Constitutional Amendments Amended order of special election) (Oakley)
 
5. Discussion and/or action regarding the request to purchase Xerox machines for the following offices using ARPA funds: JP1, County Judge, Public Defender, Agrilife, Marble Falls Tax Office. (Oakley)
 
6. Discussion and/or action regarding transferring unfilled Jail Clerk position (group 157) to a second Jail Maintenance position (group 62). (Oakley)
 
7. Discussion and/or action concerning Western Region Tower Upgrades Mountain top (LCRA) – approval and funding source for Burnet County portion $68,938.44 (40.1%). (See Section 4 – pages 14-15 of attachment.) (Oakley)
 
8. Discussion and/or action concerning allocation of Capital Area Housing Authority donation funds to non-profit organizations within Burnet County. (Oakley)
 
9. Discussion and/or action concerning hiring of an additional Magistrate personnel to meet the requirements of SB6. (Oakley)
 
10. Discussion and/or action concerning the request to add a fax line to the lease on the Ricoh copier for the JP2’s office. (Oakley)
 
11. Discussion and/or action accepting the resignation of John Kazynski from ESD1. (Dockery)
 
12. Discussion and/or action regarding the appointment of Billy Elliot to ESD 1. (Dockery)
  
13. Discussion and/or action regarding allowing the use of county equipment and manpower to assist the Burnet County Rodeo Association in arena preparation for their upcoming fundraiser. (Beierle)
 
14. Discussion and/or action regarding a replat of tracts A and B, The Landings at Lake Travis, section 2, to be known as tracts A-1 and B-1, The Landings at Lake Travis, Section 2. (Dockery)
 
15. Discussion and/or action regarding a replat of lots 8B,9A, 9B and 9C, Miller Creek Ranch, Phase 1 and Lot 58C, Miller Creek Ranch, Phase 6, to be known as Lots 8B-1, 9A-1, 9B-1, and 9C-1, Miller Creek Ranch, Phase 1 and lot 58C-1, Miller Creek Ranch, Phase 6. (Beierle)
 
16. Discussion and/or action regarding concerning naming a road located on the east side of CR 340, in the  1800 block, Sanrod Boulevard. (Wall)
 
17. Discussion and/or action regarding the preliminary plat approval for Stargazer Ranch, a private subdivision consisting of 49 lots on 522.13 acres located at CR 104 and 105 intersection. (Luther)
 
18. Discussion and/or action regarding approval to enter the private property at 8219 CR 404, owned by Thomas Sheppard to remove a tree. The tree is a visual impediment to traffic and this action will improve public safety and therefore serves a public purpose. (Dockery)
 
19. Discussion and/or action regarding approval for the new Pro Q&A services quote from Tyler Tech for the Sheriff’s Office. (Oakley)
 
20. 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).   
                       
21. Reconvene in Open Session. 
 
22. 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.
 
23. Discussion and/or action regarding Department Updates: (Oakley)
           
24. Acknowledgement of Receipt:
a. Acknowledgement of receipt of the annual Transfer Station Rate Adjustment effective 4/1/22
b. Acknowledgment of receipt of the EOY 2021 financial statements for ESD 9
           
25. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Updated Customer agreement with Verizon for wireless services and products
b. approval to apply for the FY2021 State Criminal Alien Assistance Program Grant. (Oakley)
c. approval to accept the awarded merchandise from the 2022 grant with the National Rifle Association (NRA): 4 boxes of 500 Winchester Service grade 9MM  115 ammunition, 2 boxes of 1000 Winchester USA .223 Rem, 55 Grain FMJ ammunition, 2 Glock 19 gen 5, 9MM
d. Annual standard interlocal agreement for ESD 9 FY 2022
e. Order for the interlocal agreement with ESD 9
 
26. Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings (Oakley)      

27. 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.
 
28. Discussion regarding any previous agenda items.
 
29. Calendar Review.
 
30. 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
Judge Oakley led the Lord's prayer and Pledge of Allegiance to the US and Texas flags.
 
Item #3:
Comments
There were no comments from the public.
 
Item #24:
Acknowledgement of Receipt
Judge Oakley read a letter from Vivian GuTierrez appreciating Debi King, Victims Coordinator, hard work with the Sheriff's office during the trial last June 2021.

Sheriff Boyd presented Debi King with a plaque for her service.
 
Item #4:
Constitutional Amendment Election
The court discussed matters pertaining to the Saturday, May 7, 2022 Constitutional Amendment Election: Amend the Order of the Constitutional Amendment Special Election.

Doug Ferguson, Elections Administrator, addressed the court concerning the addition of the Granite Shoals Community Center to the early voting location for this election.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the matters pertaining to the Saturday, May 7, 2022 Constitutional Amendment Election: Amend the Order of the constitutional Amendment Special Election

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
Department Updates
Doug Ferguson, Elections Administrator, reported on the upcoming Constitutional Amendment elections on May 7, 2022.
 
Item #8:
Capital Area Housing Authority Donation Funds
The court discussed the allocation of Capital Area Housing Authority Corporation Donation funds to Burnet County Vetrides, Williamson Burnet County Opportunities, Inc., Burnet County Welfare Board, Highland Lakes Family Crisis Center, Inc., Hill Country Children's Advocacy Center, Inc., Court Appointed Special Advocates for the Highland Lakes Area, Boys and Girls Club of the Highland Lakes, Inc., Highland Lakes Crisis Network, The Helping Center of Marble Falls, Lakes Area Care Inc. (Lacare), Jesus the Divine Teacher Ministries; DBA Joseph's food pantry, Holy Cross Catholic Church; Food Pantry Bertram, Community Resources Center.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to evenly distribute donated funds from the Capital Area Housing Authority Corporation to the 13 nonprofit organizations within Burnet County.

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Magistrate Personnel
The court discussed hiring additional magistrate personnel to meet the requirements of SB6.

Tamara Tinney, Magistrate, addressed the requirements for the Magistrate position and needing help with the work load with the new SB6 requirements starting April 1, 2022. 

Karin Smith, Auditor, presented the budget for the remaining year, which would be $41,100.00 for a full-time Magistrate, versus $23,051.00 for a part-time Magistrate.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to post positions for a part-time Magistrate and a part-time clerk to meet the requirements of SB6.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the budget for a part-time Magistrate for $23,051.00.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Personnel positions at Jail
The court discussed transferring the unfilled Jail Clerk position (group 157) to a second Jail Maintenance position.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve transferring the unfilled Jail Clerk position (group 157) to a second Jail Maintenance position.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Miller Creek Ranch Replat
The court discussed the replat of lots 8B,9A, 9B and 9C, Miller Creek Ranch, Phase 1 and Lot 58C, Miller Creek Ranch, Phase 6, to be known as Lots 8B-1, 9A-1, 9B-1, and 9C-1, Miller Creek Ranch, Phase 1 and lot 58C-1, Miller Creek Ranch, Phase 6.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: County Judge James Oakley to approve the replat of lots 8B,9A, 9B and 9C, Miller Creek Ranch, Phase 1 and Lot 58C, Miller Creek Ranch, Phase 6, to be known as Lots 8B-1, 9A-1, 9B-1, and 9C-1, Miller Creek Ranch, Phase 1 and lot 58C-1, Miller Creek Ranch, Phase 6.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Stargazer Ranch Preliminary plat
The court discussed the preliminary plat approval for Stargazer Ranch, a private subdivision consisting of 49 lots on 522.13 acres located at CR 104 and 105 intersection.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the preliminary plat approval for Stargazer Ranch, a private subdivision consisting of 49 lots on 522.13 acres located at CR 104 and 105 intersection.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Sanrod Boulevard
The court discussed the naming of a road located on the east side of CR 340, in the 1800 block, Sanrod Boulevard.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the naming of a road located on the east side of CR 340, in the 1800 block, Sanrod Boulevard.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #18:
Tree Removal at 8219 CR 404
The court discussed entering the private property at 8219 CR 404, owned by Thomas Sheppard to remove a tree. The tree is a visual impediment to traffic and this action will improve public safety and therefore serve a public purpose.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve entering private property at 8219 CR 404, to remove a tree.

Vote: 5 - 0 Passed - Unanimously

 
Item # 19:
Pro Q&A services from Tyler Tech for Sheriff's office
The court discussed the new Pro Q&A services quote from Tyler Tech for the Sheriff’s Office.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the new Pro Q&A services quote from Tyler Tech for the Sheriff’s Office.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
The Landings at Lake Travis Replat
The court discussed the replat of tracts A and B, The Landings at Lake Travis, section 2, to be known as tracts A-1 and B-1, The Landings at Lake Travis, Section 2.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the replat of tracts A and B, The Landings at Lake Travis, section 2, to be known as tracts A-1 and B-1, The Landings at Lake Travis, Section 2.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Western Region Tower Upgrades (LCRA)
The court discussed Western Region Tower Upgrades Mountain top (LCRA) – approval and funding source for Burnet County portion $68,938.44 (40.1%).
(See Section 4 – pages 14-15 of attachment.)
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to give authority to issue a purchase order from Burnet County for $68,938.44 for the Western Region Tower Upgrades Mountain top (LCRA).

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Xerox machines for JP1, County Judge, Public Defender, Agrilife, Marble Falls Tax Office
The court discussed the request to purchase Xerox machines for the following offices using ARPA funds: JP1, County Judge, Public Defender, Agrilife, and Marble Falls Tax Office.

Karin Smith, Auditor, requested the court to add a color copier for the Sheriff's dispatch office. Funded with ARPA funds.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the request to purchase Xerox machines for the following offices using ARPA funds: JP1, County Judge, Public Defender, Agrilife, Marble Falls Tax Office, plus adding a color copier for the Sheriff's dispatch office.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #10:
Fax Line for copier JP2's office
The court discussed the request to add a fax line to the lease on the Ricoh copier for the JP2’s office.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the request to add a fax line to the lease on the Ricoh copier for the JP2’s office.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Resignation of John Kazynski from ESD 1
The court discussed the resignation of John Kazynski from ESD 1.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to accept the resignation of John Kazynski from ESD 1.

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Appointment of Billy Elliot to ESD 1
The court discussed the appointment of Billy Elliot to ESD 1.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the appointment of Billy Elliot to ESD 1.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Burnet County Rodeo Association
The court discussed the use of county equipment and manpower to assist the Burnet County Rodeo Association in arena preparation for their upcoming fundraiser.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the use of county equipment and manpower to assist the Burnet County Rodeo Association in arena preparation for their upcoming fundraiser.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Executive Session
The court took no action on this agenda item.
 
Item #21:
Open Session
The court took no action on this agenda item.
 
Item #22:
Executive Session
The court took no action on this agenda item.
 
Item #23:
Department Updates
Herb Darling, Developmental Services, gave an update to the court.

Sara Ann Luther, Human Resources, gave an update on the Cyber Security training.

Judge Oakley gave an update on the maintenance department and the installation of new LED bulbs throughout the courthouse.
 
Item #24:
Acknowledgement of Receipt
The court acknowledged
a. Acknowledgement of receipt of the annual Transfer Station Rate Adjustment effective 4/1/22
b. Acknowledgment of receipt of the EOY 2021 financial statements for ESD 9
 
Item #25:
Contracts, Agreements and Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a. Updated Customer agreement with Verizon for wireless services and products
b. approval to apply for the FY2021 State Criminal Alien Assistance Program Grant. (Oakley)
c. approval to accept the awarded merchandise from the 2022 grant with the National Rifle Association (NRA): 4 boxes of 500 Winchester Service grade 9MM  115 ammunition, 2 boxes of 1000 Winchester USA .223 Rem, 55 Grain FMJ ammunition, 2 Glock 19 gen 5, 9MM
d. Annual standard interlocal agreement for ESD 9 FY 2022
e. Order for the interlocal agreement with ESD 9
f. Texas Association of Countries Risk Management Pool Property insurance renewal

Mark McDonald, Friends of the National Rifle Association, addressed the court and gave an update on the awards through the NRA.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve all Contracts, Agreements and Grants in their entirety.

Vote: 5 - 0 Passed - Unanimously

 
Item #26:
Bids and Bid openings
Commissioner Dockery reported the bid opening for road materials will be on March 30.
 
Item #27:
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 4 Joe Don Dockery to approve the Consent Agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

 
Item #28:
Previous Agenda
The court had no previous Agenda items to discuss.
 
Item #29:
Calendar Review
The court discussed calendar review.
 
Item #30:
Adjournment
Judge Oakley adjourned the meeting at 10:15 a.m. as there was no further business to discuss.