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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 26th day of July 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 4 Joe Don Dockery
Absent:
Commissioner Precinct 3 Billy Wall
Attendees:
Stephanie McCormick, Comm. Court Coordinator; Cindy Dalrymple, Assistant County Auditor; Karin Smith, County Auditor; Janet Parker, County Clerk; Vicinta Stafford, Chief Deputy County 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, July 26, 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. Presentation from the Historical Commission (Oakley)
 
5. Discussion and/or action regarding a resolution on Securing the Future by Improving Water Management Policies and Promoting Water Conservation in Central Texas and the Lower Colorado River Basin (Oakley)
 
6. Discussion and/or action regarding the selection of members to serve on the Salary Grievance Committee (Oakley)
 
7. Discussion and/or action regarding the acceptance of a donation from The Friends of the Spicewood Community Library for the purchase of a printer (Oakley/Smith)
 
8. Discussion and/or action on the process to abandon CR 342B at Pleasant Valley Cemetery in Marble Falls, Texas (Wall)
 
9. Discussion and/or action regarding authority for survey work, fencing, and any other requirements for a portion of CR 402 for the purpose of generating a gift deed for county right-of-way (Dockery)
 
10. Discussion and/or action concerning the termination of any existing municipal contracts that are currently in place via an auto-renewal clause with the jail (Oakley)
 
11. Discussion and/or action regarding approval to enter the private property of Rick Carr to trim brush at the intersection of Creek Lane and CR 403 to increase visibility for traffic and therefore serving a public purpose (Dockery)
 
12. Discussion and/or action regarding approving the appointments of election judges and alternate judges for the next two years (Oakley/Ferguson)
 
13. Discussion and/or action concerning a replat of lots 43 and 44, Silver Creek Village, Unit 1 to be known as lot 43-A, Silver Creek Village, Unit 1, a combination of two lots into one (Luther)
 
14. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Terry and Ronda Warren for an approximately 4 acre tract out of a 9.47 acre tract (BCAD parcel 55426) located at 1559 CR 343 (Wall)
 
15. Discussion and/or action concerning a request for variance from the Burnet County Subdivision Regulations by Calen and Jodi Bostic for a 4.25 acre tract out of a 6.814 acre tract (BCAD Parcel 51232) with the remainder of the tract being added to BCAD parcel 118314, located in the 1200 block of Cimarron Ranch Road (Wall)
 
16. Discussion and/or action concerning a variance from the Burnet County Subdivision standards for a crossing design for Deer Creek in the proposed Brushy Mountain Subdivision (Luther)
 
17. Discussion and/or action concerning the final plat approval for Burnet Hilltop Estates, a private subdivision consisting of 18 lots on 36.67 acres located in the 6000 block of FM 963 (Beierle)
 
18. Discussion and/or action concerning the final plat approval for the Estates at Oatmeal, a public subdivision consisting of 14 lots on 31.86 acres located at the intersection of CR 330 and FM 243 (Wall)
 
19. Discussion and/or action concerning the final plat approval Dahlia Estates, Phase 4, a public subdivision consisting of 11 lots on 28.18 acres located at 600 CR 274 (Beierle)
 
20. Discussion and/or action concerning regarding the current FY 2022 Budget and FY 2023 Budget (Oakley)
 
21. 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).   
           
 22. Reconvene in Open Session. 
 
23. 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.
 
24. Discussion and/or action regarding Department Updates: (Oakley)
a. Monthly Treasurer’s Report – June 2022
b. Acceptance of Quarterly Investment Report – 3rd Qtr. FY 22
           
25. Acknowledgement of Receipt:  
          
26. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. contract for bid #22-4090-03 request for pricing for HHW disposal pricing (Oakley/Smith)
b. two independent contractor agreements for Vetride:  P. Shanks and K. Powell
c. updated inmate housing agreement with Llano County with a special rate for a guaranteed number of beds
d. amendment to the licensing agreement from Tyler Tech
e. contract labor agreement for land clearing & rock milling for approximately 10 acres at the Burnet County Jail
f. contract labor agreement with DIJ Construction for the attached work order NTE $2,000
           
           
27. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. to go out for bids for the use of the Bertram Library Concession Area
           
28. 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. Consideration and approval concerning budget amendments.
c. Consideration and approval concerning budget line item transfers.
d. Consideration and authorization of payment of claims previously approved by the County Auditor.
e. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor.
f. Consideration and approval regarding Departmental equipment requests and/or property transfers.
g. Correspondence.

29. Discussion regarding any previous agenda items.
 
30. Calendar Review.
 
31. 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
Commissioner Dockery led the Invocation and the Pledge of Allegiance to the US and Texas flags.
 
Item #3:
Public Comments
Jim Maury, resident of Suzan POA, addressed the court about the water levels and trespassing/vandalism. 
Herb Darling, Developmental Services spoke on the drought conditions.
 
Item #4:
Historical Commission
The court received a presentation from the Historical Commission.

Rachel Bryson, author, is writing a book about Burnet County and including the Historical Commission as authors in the book.
 
Item #5:
LCRA Resolution

The court discussed a resolution about Securing the Future by Improving Water Management Polices and Promoting Water Conservation in Central Texas and the Lower Colorado River Basin.

Judge Oakley read the resolution to the court. Jo Karr Teddar, David Lindsey and Jim Maury with CTWC spoke to the court about the resolution. Hondo Powell, LCRA spoke about the resolution.
Earl Foster, Lakeway MUD and Highland Lakes Firm Water Cooperative addressed the court concerning the resolution.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the resolution of Securing the Future by Improving Water Management Polices and Promoting Water Conservation in Central Texas and the Lower Colorado River Basin.

Vote: 4 - 0 Passed - Unanimously

 
Recess
The court took a 5 minute recess.
 
Reconvened
Reconvened at 10:28 a.m., all members were present.
 
Item #12:
Appointments of Election Judge and Alternate Judges
The court discussed approving the appointments of election judges and alternate judges for the next two years.

Doug Ferguson, Elections Administrator, presented the list of election judge and alternate judges.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the appointments of election judges and alternate judges for the next two years.

Vote: 4 - 0 Passed - Unanimously

 
Item #10:
Termination of Municipal Contracts
The court took no action on this agenda item.
 
Item #8:
Abandon of CR 342B
The court took no action on this agenda item.
 
Item #13:
Replat - Silver Creek Village
The court discussed replat of lots 43 and 44, Silver Creek Village, Unit 1 to be known as lot 43-A, Silver Creek Village, Unit 1, a combination of two lots into one.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of lots 43 and 44, Silver Creek Village, Unit 1 to be known as lot 43-A, Silver Creek Village, Unit 1, a combination of two lots into one

Vote: 4 - 0 Passed - Unanimously

 
Item #14:
Variance -1559 CR 343
The court discussed a request for a variance from the Burnet County Subdivision Regulations by Terry and Ronda Warren for an approximately 4 acre tract out of a 9.47 acre tract (BCAD parcel 55426) located at 1559 CR 343.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the request for a variance from the Burnet County Subdivision Regulations by Terry and Ronda Warren for an approximately 4 acre tract out of a 9.47 acre tract (BCAD parcel 55426) located at 1559 CR 343.

Vote: 4 - 0 Passed - Unanimously

 
Item #15:
Variance - Cimarron Ranch Road
The court discussed a request for variance from the Burnet County Subdivision Regulations by Calen and Jodi Bostic for a 4.25 acre tract out of a 6.814 acre tract (BCAD Parcel 51232) with the remainder of the tract being added to BCAD parcel 118314, located in the 1200 block of Cimarron Ranch Road.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a request for variance from the Burnet County Subdivision Regulations by Calen and Jodi Bostic for a 4.25 acre tract out of a 6.814 acre tract (BCAD Parcel 51232) with the remainder of the tract being added to BCAD parcel 118314, located in the 1200 block of Cimarron Ranch Road.

Vote: 4 - 0 Passed - Unanimously

 
Item #16:
Variance - Brushy Mountain Subd.
The court discussed a variance from the Burnet County Subdivision standards for a crossing design for Deer Creek in the proposed Brushy Mountain Subdivision.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a variance from the Burnet County Subdivision standards for a crossing design for Deer Creek in the proposed Brushy Mountain Subdivision.

Vote: 4 - 0 Passed - Unanimously

 
Item #17:
Final Plat - Burnet Hilltop Estates
The court discussed final plat approval for Burnet Hilltop Estates, a private subdivision consisting of 18 lots on 36.67 acres located in the 6000 block of FM 963.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve final plat for Burnet Hilltop Estates, a private subdivision consisting of 18 lots on 36.67 acres located in the 6000 block of FM 963.

Vote: 4 - 0 Passed - Unanimously

 
Item #18:
Final Plat - Estates at Oatmeal
The court discussed the final plat approval for the Estates at Oatmeal, a public subdivision consisting of 14 lots on 31.86 acres located at the intersection of CR 330 and FM 243.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the final plat for the Estates at Oatmeal, a public subdivision consisting of 14 lots on 31.86 acres located at the intersection of CR 330 and FM 243.

Vote: 4 - 0 Passed - Unanimously

 
Item #19:
Final Plat - Dahlia Estates
The court took no action on this agenda item.
 
Item #6:
Salary Grievance Committee
The court discussed the selection of members to serve on the Salary Grievance Committee. Public members selected are: (1) Scott Caughlin, (2) Kaylee Gaines, and (3) Deb Angel. The alternate public members selected are: (1) Joann Long, (2) Stephanie Mintier and (3) Trinity Blair.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve having 6 countrywide Elected officials and 3 citizens to serve on the Salary Grievance Committee.

Vote: 4 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to submit the names selected as members, including alternates, to serve on the Salary Grievance Committee.

Vote: 4 - 0 Passed - Unanimously

 
Item #7:
Donation Spicewood Library for printer
The court discussed the acceptance of a donation from The Friends of the Spicewood Community Library for the purchase of a printer.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the acceptance of a donation from The Friends of the Spicewood Community Library for the purchase of a printer.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #9:
CR 402 Gift Deed
The court discussed the authority for survey work, fencing, and any other requirements for a portion of CR 402 for the purpose of generating a gift deed for county right-of-way.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve survey work, fencing, and any other requirements for a portion of CR 402 for the purpose of generating a gift deed for county right-of-way.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #11:
Creek Lane/CR 403 brush clearing
The court discussed the approval to enter the private property of Rick Carr to trim brush at the intersection of Creek Lane and CR 403 to increase visibility for traffic and therefore serving a public purpose.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to enter the private property of Rick Carr to trim brush at the intersection of Creek Lane and CR 403 to increase visibility for traffic and therefore serving a public purpose.

Vote: 4 - 0 Passed - Unanimously

 
Item #20:
FY 2022 and FY 2023 Budget
The court discussed the current FY 2022 Budget and FY 2023 Budget. Judge Oakley discussed the Sheriff's office overtime budget for the FY2022 budget year.
 
Item #21:
Executive Session
The court took no action on this agenda item.
 
Item #22:
Open Session
The court took no action on this agenda item.
 
Item #23:
Executive Session
The court took no action on this agenda item.
 
Item #24:
Department Update
The court discussed the Department Updates: 
a.  Monthly Treasurer’s Report – June 2022
b. Acceptance of Quarterly Investment Report – 3rd Qtr. FY 22

Karrie Crownover, County Treasurer, presented to the court the June Monthly Treasurer Report and the Quarterly Investment Report - 3rd Qtr. FY 22.

Judge Oakley discussed the fencing project at the Sheriff's Office. The South Annex is working on developing plans for the relocation of office space.

Comm. Dockery, discussed the HHW event on October 15 in Burnet, and a possible event in April.

Sara Ann Luther, gave an update on the Compensation Survey and Cyber Security notice.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Monthly Treasurer's report for June and the Quarterly Investment Report -3rd Qtr. FY 22.

Vote: 4 - 0 Passed - Unanimously

 
Item #25:
Acknowlegement of Receipt
The court took no action on this agenda item.
 
Item #27:
Bid and Bid Openings
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings.
Karin Smith, County Auditor, requested to add item b and c to the agenda.
a. To go out for bids for the use of the Bertram Library Concession Area.
b. Contract for bid #22-4090-03 request for pricing for HHW disposal pricing.
c. To go out for bids for the Tourism management website.

Received 3 bids for HHW disposal, and it was awarded to Green Planet.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the bid award to Green Plant for HHW disposal.

Vote: 4 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve items A & C, to go out for bids for Bertram Library Concession Area and Tourism management website.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #26:
Contracts, Agreements and Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
Item (a) removed and moved to Item #27 Bids and Bid opening
b. Two independent contractor agreements for Vetride:  P. Shanks and K. Powell.
c. Updated inmate housing agreement with Llano County with a special rate for a guaranteed number of beds.
d. Amendment to the licensing agreement from Tyler Tech.
e. Contract labor agreement for land clearing & rock milling for approximately 10 acres at the Burnet County Jail.
f. Contract labor agreement with DIJ Construction for the attached work order NTE $2,000.

Amendment to item f to $2,200.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve items b-f, Two independent contractor agreements for Vetride: P. Shanks and K. Powell, Updated inmate housing agreement with Llano County with a special rate for a guaranteed number of beds, Amendment to the licensing agreement from Tyler Tech, Contract labor agreement for land clearing & rock milling for approximately 10 acres at the Burnet County Jail, Amendment to Contract labor agreement with DIJ Construction for the attached work order NTE $2,200.

Vote: 4 - 0 Passed - Unanimously

 
Item #28:
Consent Agenda
The court discussed the Consent Agenda. 
a. Consideration and approval of any pending personnel issues within the policy. 
b. Consideration and approval concerning budget amendment.
c. Consideration and approval concerning budget line item transfers. 
d. Consideration and authorization of payment of claims previously approved by the County Auditor.
e. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor.
f. Consideration and approval regarding Departmental equipment requests and/or property transfers.
g. Correspondence.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Consent Agenda items a-g, excluding item b.

Vote: 4 - 0 Passed - Unanimously

Comm. Dockery requested to pull item b separately from the Consent Agenda.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve budget amendment.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #29:
Previous Agenda
The court took no action on this agenda item.
 
Item #30:
Calendar Review
The court discussed calendar review.
 
Item #31:
Adjournment
Judge Oakley adjourned the meeting at 11:15 a.m. as there was no further business to discuss.