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, June 14, 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 proposed resolution opposing the routing of the high-pressure natural gas pipeline to be known as the “Matterhorn Express Pipeline” through Burnet County due to safety concerns plus the potential negative impacts to the environment, soil, water systems, and land values in Burnet County.  Said proposed resolution further requests action be taken by the State Legislature (Beierle)
 
5. Discussion and/or action regarding: closing the North Annex polling location and increasing capacity at the AgriLife Auditorium; closing the First Luther polling location and increasing capacity at the AgriLife Auditorium; closing the Marble Falls South Annex polling location and moving next door to the Texas Tech/Central Texas College (Oakley/Ferguson)
 
6. Discussion and/or action regarding the approval to submit the County request for Capital Credits form regarding Unclaimed Property Capital Credits for Counties (Oakley/Smith)
 
7. Discussion and/or action concerning the approval to apply for Safe Streets and Roads for All planning grant to create a Comprehensive Safety action Plan from the Bipartisan Infrastructure Law (BIL).  This will be an 80%/20% grant.
 
8. Discussion and/or action regarding the approval to apply for road grant from the 23-24 Texas Community Development Block Grant administered by the Texas Department of Agriculture.
  
9. Discussion and/or action regarding the consideration and approval of an Order by the Commissioners Court of Burnet County, Texas authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2022”, Levying an Annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the notes; authorizing the execution of any necessary engagement agreement with the County’s financial advisors; and providing and effective date (Oakley/Smith)
 
10. Discussion and/or action concerning the sale of a 1994 van currently owned by the Hill Country Humane Society (Oakley)
 
11. Discussion and/or action concerning the transfer of lease agreement between The Pecan Shop and Friends of the Bertram Library to Burnet County, to reflect recent ownership change (Oakley)
 
12. Discussion and/or action regarding the current FY 2022 Budget and FY 2023 Budget (Oakley)
 
13. Discussion and/or action regarding changing the Commissioner’s Court date of June 28^th to June 30^th (Oakley)
 
14. Discussion and/or action released to Prairie Point Estates Inc., Duane Davis, President (Beierle)
 
15. Discussion and/or action concerning Employee Health and Benefit Plan renewal through the Texas Association of Counties Health & Employees Benefits Pool (Oakley/S.Luther)
 
16. Discussion and/or action concerning the 2021 TAC Excellence in Safety Award (by Larry Bocaccio) (Oakley/S.Luther)
 
17. Discussion and/or action concerning a ban on the use and/or sale of aerial fireworks, as designated under 49 CFR, Section 173.100 ®(2) pursuant to Texas Local Government Code 352.051 should the KBDI Index reach a mean average of 575 in Burnet County during the period of June 24th – July 4th, 2022 (Oakley)
 
18. Discussion and/or action concerning the Burnet County Groundwater Resilience Study with Intera Incorporated in the amount of $99,580.00 (Oakley)
 
 19. Discussion and/or action concerning a bond release/reduction for Big Creek Ranch, Phase 1, to release Subdivision Improvement Bond #7901028328 in the amount of $4,062,102.86, and replace it with Subdivision Improvement Bond #7901076802 in the amount of $1,934,632.28 per the engineer’s statement of work to be completed (Luther)
 
20. Discussion and/or action concerning a replat of Lots 9, 10, and 18 Legendary Estates on Lake LBJ, Phase 1, Block 1 to be known as Lots 9, 10 and 18 A-J, Legendary Estates on Lake LBJ, Phase 1, Block 1, creating 11 lots out of 3 (Luther)
 
21. Discussion and/or action concerning the final plat of Stargazer Ranch, a private subdivision consisting of 49 lots on 522.13 acres, located in the 1400 block of CR 104 (Luther)
 
22. Discussion and/or action concerning a replat of lots 10, 11, and 12, Clen Oaks Subdivision, to be known as lots 10A and 12A Clen Oaks Subdivision, a combination of 3 lots into 2 (Luther)
 
23. Discussion and/or action concerning a replat of lots 10A-1, and 10A-2, Miller Creek Ranch, Phase 1, to be known as lots 10A-3 and 10A-4, Miller Creek Ranch, Phase 1, to move a lot line (Beierle)
 
24. Discussion and/or action concerning the final plat of Dahlia Estates, Phase 3, a public subdivision consisting of 6 lots on 9.7 acres, located in the 300 block of CR 274 (Beierle)
 
25. 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).   
           
26. Reconvene in Open Session. 
 
27. 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.
 
28. Discussion and/or action regarding Department Updates: (Oakley)
           
29. Acknowledgement of Receipt:    
 30. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
31. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)         
32.  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:            
33. Discussion regarding any previous agenda items.
 
34. Calendar Review.
 
35. 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 Invocation and Pledge of Allegiance to the US and Texas flags.

Lisa Marie, addressed the court about missing and tortured children and is asking for a meeting with the commissioners.

The court discussed a proposed resolution opposing the routing of the high-pressure natural gas pipeline to be known as the “Matterhorn Express Pipeline” through Burnet County due to safety concerns plus the potential negative impacts to the environment, soil, water systems, and land values in Burnet County.  Said proposed resolution further requests action be taken by the State Legislature. 
Judge Oakley read the resolution to the court. 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to adopt the resolution opposing the routing of the high-pressure natural gas pipeline to be known as the “Matterhorn Express Pipeline” through Burnet County due to safety concerns plus the potential negative impacts to the environment, soil, water systems, and land values in Burnet County. Said proposed resolution further requests action be taken by the State Legislature.

Vote: 4 - 0 Passed - Unanimously

The court discussed closing the North Annex polling location and increasing capacity at the AgriLife Auditorium; closing the First Lutheran Church polling location and increasing capacity at the AgriLife Auditorium; closing the Marble Falls South Annex polling location and moving next door to the Texas Tech/Central Texas College.

Doug Ferguson, Elections Administrator, addressed the court about closing the North Annex, First Lutheran Church and Marble Falls South Annex due to size and moving to the AgriLife Auditorium and the Texas Tech/Central Texas College for the voting locations due to increasing voters.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve closing the North Annex and the First Lutheran Church polling locations and increasing capacity at the AgriLife Auditorium.

Vote: 4 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve closing the Marble Falls South Annex polling location and moving next door to the Texas Tech/Central Texas College pending a written lease agreement.

Vote: 4 - 0 Passed - Unanimously

Doug Ferguson, Elections Administrator, gave an update on the Elections Department and stated it's getting busy with upcoming elections.

The court discussed a ban on the use and/or sale of aerial fireworks, as designated under 49 CFR, Section 173.100 ®(2) pursuant to Texas Local Government Code 352.051 should the KBDI Index reach a mean average of 575 in Burnet County during the period of June 24th – July 4th, 2022.

Herb Darling, Development Services, addressed the court regarding the restrictions on fireworks, meaning only those items are classified as “skyrockets with sticks” and “missiles with fins”. Drought conditions  during the period of June 24th - July 4th if the KBDI index exceeds greater than 575 the ban would take effect.
Sam Stacks, Spicewood Fire Chief, stated he is in favor of the ban.
This ban covers the unincorporated areas of Burnet.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to adopt the ban on the use and/or sale of aerial fireworks, as designated under 49 CFR, Section 173.100 ®(2) pursuant to Texas Local Government Code 352.051 should the KBDI Index reach a mean average of 575 in Burnet County during the period of June 24th – July 4th, 2022.

Vote: 4 - 0 Passed - Unanimously

The court discussed a bond release/reduction for Big Creek Ranch, Phase 1, to release Subdivision Improvement Bond #7901028328 in the amount of $4,062,102.86, and replace it with Subdivision Improvement Bond #7901076802 in the amount of $1,934,632.28 per the engineer’s statement of work to be completed.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a bond release/reduction for Big Creek Ranch, Phase 1, to release Subdivision Improvement Bond #7901028328 in the amount of $4,062,102.86, and replace it with Subdivision Improvement Bond #7901076802 in the amount of $1,934,632.28 per the engineer’s statement of work to be completed.

Vote: 4 - 0 Passed - Unanimously

The court discussed a replat of Lots 9, 10, and 18 Legendary Estates on Lake LBJ, Phase 1, Block 1 to be known as Lots 9, 10 and 18 A-J, Legendary Estates on Lake LBJ, Phase 1, Block 1, creating 11 lots out of 3.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of Lots 9, 10, and 18 Legendary Estates on Lake LBJ, Phase 1, Block 1 to be known as Lots 9, 10 and 18 A-J, Legendary Estates on Lake LBJ, Phase 1, Block 1, creating 11 lots out of 3.
Withhold Comm. Luther signature until the bond is in place.

Vote: 4 - 0 Passed - Unanimously

The court discussed the final plat of Stargazer Ranch, a private subdivision consisting of 49 lots on 522.13 acres, located in the 1400 block of CR 104.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the final plat of Stargazer Ranch, a private subdivision consisting of 49 lots on 522.13 acres, located in the 1400 block of CR 104.

Vote: 4 - 0 Passed - Unanimously

The court discussed the approval to apply for Safe Streets and Roads for All planning grant to create a Comprehensive Safety action Plan from the Bipartisan Infrastructure Law (BIL).  This will be an 80%/20% grant.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve to apply for Safe Streets and Roads for All planning grant to create a Comprehensive Safety action Plan from the Bipartisan Infrastructure Law (BIL). This will be an 80%/20% grant.

Vote: 4 - 0 Passed - Unanimously

The court discussed the approval to apply for road grant from the 23-24 Texas Community Development Block Grant administered by the Texas Department of Agriculture.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve to apply for a road grant from the 23-24 Texas Community Development Block Grant administered by the Texas Department of Agriculture.

Vote: 4 - 0 Passed - Unanimously

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

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve Burnet County authorization to issue Requests for Proposals for administrative services (RFP) and Requests for Qualifications (RFQ) for engineering services for the Safe Streets and Roads for All (SS4A) grant program to create a Comprehensive Safety Action Plan administered by the US Department of Transportation (USDOT). And authorization for Burnet County to issue requests for proposals for administrative services (RFP) and requests for qualifications (RFQ) for the 23-24 Texas Community Development Block Grant administered by the Texas Department of Agriculture.

Vote: 4 - 0 Passed - Unanimously

The court discussed a replat of lots 10, 11, and 12, Clen Oaks Subdivision, to be known as lots 10A and 12A Clen Oaks Subdivision, a combination of 3 lots into 2.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of lots 10, 11, and 12, Clen Oaks Subdivision, to be known as lots 10A and 12A Clen Oaks Subdivision, a combination of 3 lots into 2.

Vote: 4 - 0 Passed - Unanimously

The court discussed a replat of lots 10A-1, and 10A-2, Miller Creek Ranch, Phase 1, to be known as lots 10A-3 and 10A-4, Miller Creek Ranch, Phase 1, to move a lot line.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a replat of lots 10A-1, and 10A-2, Miller Creek Ranch, Phase 1, to be known as lots 10A-3 and 10A-4, Miller Creek Ranch, Phase 1, to move a lot line.

Vote: 4 - 0 Passed - Unanimously

The court discussed the final plat of Dahlia Estates, Phase 3, a public subdivision consisting of 6 lots on 9.7 acres, located in the 300 block of CR 274.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the final plat of Dahlia Estates, Phase 3, a public subdivision consisting of 6 lots on 9.7 acres, located in the 300 block of CR 274.

Vote: 4 - 0 Passed - Unanimously

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 the approval to submit the County request for Capital Credits form regarding Unclaimed Property Capital Credits for Counties.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve to submit the County request for Capital Credits form regarding Unclaimed Property Capital Credits for Counties.

Vote: 4 - 0 Passed - Unanimously

The court discussed the sale of a 1994 van currently owned by the Hill Country Humane Society.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the sale of a 1994 van currently owned by the Hill Country Humane Society.

Vote: 4 - 0 Passed - Unanimously

The court discussed changing the Commissioner’s Court date of June 28^th to June 30^th.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve changing the Commissioner’s Court date of June 28th to June 30th.

Vote: 4 - 0 Passed - Unanimously

The court took no action on this agenda item.

The court discussed the Employee Health and Benefit Plan renewal through the Texas Association of Counties Health & Employees Benefits Pool.

Sara Ann Luther, Human Resources Director, addressed the court about the renewal of the Health and Benefit Plan. The renewal of health care increased to 3.5% and dental increased to 2.4%.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to adopt the Employee Health and Benefit Plan renewal through the Texas Association of Counties Health & Employees Benefits Pool.

Vote: 4 - 0 Passed - Unanimously

This agenda item is moved to June 30th.

Sara Ann Luther, Human Resource Director, gave an update on the online portal for hiring.

The court discussed the transfer of lease agreement between The Pecan Shop and Friends of the Bertram Library to Burnet County, to reflect recent ownership change.
Bridgett McCoy, Texas Pecan Cake Shop inside the Bertram Library, addressed the court to introduce herself to the court and talked about the history of the Library and what the Pecan Shop provides to the community of Bertram and Burnet County.

The court discussed the consideration and approval of an Order by the Commissioners Court of Burnet County, Texas authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2022”, Levying an Annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the notes; authorizing the execution of any necessary engagement agreement with the County’s financial advisors; and providing and effective date.

Duane Westerman, SAMCO Capital Markets, Inc., presented to the court an Order authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2022”.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to adopt an order authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2022”.

Vote: 4 - 0 Passed - Unanimously

The court recessed at 10:10 A.M.

The court reconvened at 10:30 A.M.

The court discussed the Burnet County Groundwater Resilience Study with Intera Incorporated in the amount of $99,580.00.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Burnet County Groundwater Resilience Study with Intera Incorporated in the amount of $99,580.00 providing Judge Oakley signature authority on the contract and is approved by the County Attorney.

Vote: 4 - 0 Passed - Unanimously

Herb Darling, Development Services, gave an update on his department and is 3 weeks behind getting addresses completed. 

The court acknowledged:
            a. MIS Summary
            b. February – May 2022 Response times from the Burnet FD

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

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Contract labor agreement with DIJ Construction for striping 0.6 miles on CR 402; Proposal from Record Consultants, Inc. (RCI) for $9,600.00 to provide Fixed Asset Inventory and Management Services; Updated inmate housing agreement with rate increase letter to be sent to the following counties and municipalities: Blanco, Ector, Grayson, Hamilton, Hays, Kendall, Kimble, Kinney, Lampasas, Llano, Mason, McCulloch, McLennan, Orange, San Saba, Sutton, Taylor, and Tom Green. Bell Co. has a special rate for guaranteed beds. City of Bertram, City of Burnet, Cottonwood Shores, Granite Shoals, Horseshoe Bay, and Marble Falls; Approval to accept grant for VETRIDE from 2022-2023 Texas Veterans Commission Fund for Veterans General Assistance. Grant period is 7/1/22 – 6/30/23. The amount is $75,000; Approval to apply and sign the resolution for the FY 23 MCVPA grant for the Heart of Texas Auto Theft Task Force; Addendum to have 2 cadets attend training academy from the Sheriff's office that starts on June 29th.

Vote: 4 - 0 Passed - Unanimously

The court discussed the Consent Agenda.

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: 4 - 0 Passed - Unanimously

The court had no previous Agenda items to discuss.

The court discussed calendar review.

The court discussed the current FY 2022 Budget and FY 2023 Budget.

Judge Oakley adjourned the meeting at 11:25 a.m. as there was no further business to
discuss.