County of Burnet {} On this the 9th day of August 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; Cindy Dalrymple, Assistant County Auditor; Karin Smith, County Auditor; Vicinta Stafford, Chief Deputy County Clerk
REGULAR MEETING DATE: Tuesday, August 9, 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. Public hearing at 9:30 a.m. concerning the creation of Cimarron Shores Water Control and Improvement District.
5. Presentation regarding the Burnet County 2022 voter approval and no new revenue property tax rates and 2022 certified values (Oakley/Smith)
6. Discuss the proposed tax rate which will fund the FY2023 budget and take action as necessary (Oakley/Smith)
7. Discuss and take action on setting the date and time for a hearing on the proposed tax rate and on proposed budget (Oakley/Smith)
8. Discuss and take action on setting the date and time to adopt the FY2022 tax rate and the FY2023 budget (Oakley/Smith)
9. Discussion and/or action regarding the selection of members to serve on the Salary Grievance Committee (Oakley)
10. Presentation from Agri Life with 4-H Summer updates (Oakley)
11. Discussion and/or action regarding the presentation of the “Life Saving Award” to Burnet County Constable Precinct 4, Missy Bindseil (Dockery)
12. Discussion and/or action regarding the relocation of approximately 100’ of fence pursuant to agreement that involved the gifting of land to Burnet County for county road known as North Ridge Drive. Said relocation is also necessary to clear the right of way and shall be performed with permission of property owner (Beierle)
13. Discussion and/or action regarding authorization to apply for the 23 State Fund Grant for firearms training equipment from the National Rifle Associate (NRA) for on behalf of the Sheriff’s Office (Oakley/Smith)
14. Discussion and/or action regarding the approval and implementation of political sign rules to apply at Burnet County polling locations (Oakley/Ferguson)
15. Discussion and/or action regarding authorizing the Elections Department Administrator to enter into Memorandums of Understanding with property owners allowing for the use of their property as a polling location during an election. Said MOU shall include a selection by the property owner as to whether or not the Burnet county political sign rules shall apply to their property during an election (Oakley/Ferguson)
16. Discussion and/or action concerning the Burnet County Holiday calendar for 2022-2023 (Oakley/S.Luther)
17. Discussion and/or action concerning the resignation of Donna Kiley as a commissioner on the Board of Burnet County ESD 2 (Luther)
18. Discussion and/or action concerning the appointment of Jodeen Lee as a commissioner on the Board of Burnet County ESD 2 (Luther)
19. Discussion and/or action concerning the approval for Burnet County to provide equipment and manpower to construct an asphalt ramp for the Helping Center, a local non-profit organization. The Helping Center will provide the materials (Dockery)
20. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Cody Austin for an approximately 3 acre tract out of 17.4 acres aka Lots 46C, 47C, and 48C Trails End, located at 901 CR 231 (Beierle)
21. Discussion and/or action concerning the preliminary plat approval for Canyon West, Phases 1A, 1B and 1C, a public subdivision consisting of 453 lots on approximately 165.73 acres located at 11750 West Hwy. 71, Spicewood (Dockery)
22. Discussion and/or action concerning a replat of lots 11B, 12, and 13, Buena Vista, to be known as lot 11C, Buena Vista a combination of 3 lots into 1 (Luther)
23. 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)
24. Discussion and/or action concerning regarding the current FY 2022 Budget and FY 2023 Budget (Oakley)
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:
b. MIS Summary October 1, 2021 – June 30, 2022
c. LCRA Letter from Phil Wilson
30. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
b. Interlocal agreement with the City of Burnet for road work
c. Approval of the Independent Contractor Agreements for 3 new drivers for Vetride: Bruce Barnett, Nancy Powell and David Powell
d. Contract labor agreement with DIJ Construction for striping approx. 12,700’ of CR 123
31. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
b. Approval of the award of the Jail shower repair bid
c. Approval of the proposal of the Pest Control Services
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:
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.
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.
Call to Order
Invocation and Pledge of Allegiance to the Flags
flags.
Public Comments
Life Saving Award
Comm. Dockery, presented an award to Constable Missy Bindseil Pct. #4, for her life-saving tactics for helping with a motor vehicle crash off CR 404 in late February 2022.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the “Life Saving Award” to Burnet County Constable Precinct 4, Missy Bindseil.
Vote: 5 - 0 Passed - Unanimously
AgriLife 4-H
Kelly Tarla, County Extension Agent, and Mikayla Herron, County Extension Agent - 4-H and Youth Development, addressed the court concerning the 4-H summer update.
Students from the 4-H program spoke about their year and accomplishments and what positions they will hold for the upcoming 4-H school year.
McKenzie Evans (County Council Recreational Leadership chair), Carter Bostic (County Council Secretary), Elijah Bulter (County Council District Deligate), Campbell Stewart (County Council Education Outreach chair), Bethany Bulter (County Council Community Service chair), Aspen Nelson (County Council Social Media chair), Abby Moore (County Council Awards & Recongition chair), Lizzy Lilly (County Council Vice President).
Property tax rates
Stan Hemphill, BCAD Chief Appraiser, addressed the court about the revenue tax rate. The no new revenue tax rate is 0.335, and the voters approval tax rate is 0.3766.
The certified values for the General Fund is $8,460,589,686 and Road and Bridge Fund is $8,439,779,211.
Proposed Tax rate
Judge Oakley, discussed the proposed tax rate.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the .3766 tax rate FY 2023
Vote: 5 - 0 Passed - Unanimously
Setting Date/Time for Hearing on Proposed tax rate
Judge Oakley discussed setting the date of August 23rd at 9:30 a.m. for the hearing on the proposed tax rate and proposed budget.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve August 23rd at 9:30 a.m. for the hearing on the proposed tax rate and proposed budget.
Vote: 5 - 0 Passed - Unanimously
Setting Date/Time to adopt FY22 and FY23 tax rate and budget
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve setting August 23rd at 9:30 a.m. to adopt the FY 2022 tax rate and the FY 2023 budget.
Vote: 5 - 0 Passed - Unanimously
Salary Grievance Committee
Janet Parker, County Clerk, gave an update to the court that 2 selected members have agreed to serve and 1 has declined to serve on the Committee. A letter to the first alternate has been mailed, and we are waiting for a response.
The court took no action on this agenda item.
Relocation of fence on North Ridge Drive
Comm. Beierle spoke about the property located at the 300 Block of North Ridge Drive, and received permission from the owner Barbara Horan.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the relocation of approximately 100’ of fence pursuant to agreement that involved the gifting of land to Burnet County for county road known as North Ridge Drive. Said relocation is also necessary to clear the right of way and shall be performed with permission of property owner.
Vote: 5 - 0 Passed - Unanimously
NRA Grant
Karin Smith, County Auditor, stated this grant is applied for annually by the Sheriff's office.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the authorization to apply for the 23 State Fund Grant for firearms training equipment from the National Rifle Associate (NRA) for on behalf of the Sheriff’s Office.
Vote: 5 - 0 Passed - Unanimously
Political sign rules
Chris Guzman, Assistant Elections Administrator, stated everything in the regulations for "Burnet County Ordinance Concerning Campaign signs at Polling Locations" is outlined in the document. (See attachment)
The court took no action on this agenda item.
Polling locations for Property Owners
Chris Guzman, Assistant Elections Administrator, explained the "Memorandums of Understanding" is for all polling locations. (See attachment)
The court took no action on this agenda item.
Public Hearing
Cimarron Shores
Judge Oakley opened the public hearing. Andy Barrett, representative of the Property owners, explained the water, roads and drainage will be taxed within the boundaries of the District of Cimarron Shores. Judge Oakley closed the Public Hearing as there were no comments from the Public. This item will be placed on the agenda on August 23, 2022 as an action item.
Preliminary Plat - Canyon West
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the preliminary plat approval for Canyon West, Phases 1A, 1B and 1C, a public subdivision consisting of 453 lots on approximately 165.73 acres located at 11750 West Hwy. 71, Spicewood.
Vote: 5 - 0 Passed - Unanimously
Replat - Buena Vista
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of lots 11B, 12, and 13, Buena Vista, to be known as lot 11C, Buena Vista a combination of 3 lots into 1.
Vote: 5 - 0 Passed - Unanimously
Final Plat - Dahlia Estates
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the final plat approval Dahlia Estates, Phase 4, a public subdivision consisting of 11 lots on 28.18 acres located at 600 CR 274.
Vote: 5 - 0 Passed - Unanimously
Variance request Cody Austin
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request for a variance from the Burnet County Subdivision Regulations by Cody Austin for an approximately 3 acre tract out of 17.4 acres aka Lots 46C, 47C, and 48C Trails End, located at 901 CR 231.
Vote: 5 - 0 Passed - Unanimously
Holiday Calendar
Sara Ann Luther, Human Resource Director, addressed the court about the holiday calendar.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt a year to year policy for the Burnet County Holiday calendar.
Vote: 5 - 0 Passed - Unanimously
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Burnet County Holiday calendar for 2022-2023.
Vote: 5 - 0 Passed - Unanimously
Resignation of Donna Kiley ESD 2
Appointment of Jodeen Lee ESD 2
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the resignation of Donna Kiley as a commissioner on the Board of Burnet County ESD 2, and the appointment of Jodeen Lee as a commissioner on the Board of Burnet County ESD 2.
Vote: 5 - 0 Passed - Unanimously
Ramp for Helping Center
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the equipment and manpower to construct an asphalt ramp for the Helping Center, a local non-profit organization. The Helping Center will provide the materials.
Vote: 5 - 0 Passed - Unanimously
FY22-FY23 Budget
Executive Session
Open Session
Executive Session
Department Updates
Calvin Boyd, Sheriff, gave an update on his department.
Acknowledgement of Receipt
b. MIS Summary October 1, 2021 – June 30, 2022
c. LCRA Letter from Phil Wilson
Contracts, Agreements or Grants
b. Inter local agreement with the City of Burnet for road work
c. Approval of the Independent Contractor Agreements for 3 new drivers for Vetride: Bruce Barnett, Nancy Powell and David Powell
d. Contract labor agreement with DIJ Construction for striping approx. 12,700’ of CR 123
Karin Smith, County Auditor, added item (e) and (f) to contracts.
f. Contract for Lake Pavilion for employee appreciation event
Sara Ann Luther, Human Resource Director, explained that she secured a contract with Lake Pavilion for the Employee Appreciation event on December 9.
Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve Ratify DocuSign signature on contract to change the name of the vendor for the FY 22 Statewide Automated Victim Notification Service Maintenance Contract with Texas Attorney General Office; Interlocal agreement with the City of Burnet for road work; Approval of the Independent Contractor Agreements for 3 new drivers for Vetride: Bruce Barnett, Nancy Powell and David Powell; Contract labor agreement with DIJ Construction for striping approx. 12,700’ of CR 123; Approval of the proposal of the Pest Control Services; Contract for Lake Pavilion for employee appreciation event
Vote: 5 - 0 Passed - Unanimously
Bid and Bid Openings
b. Approval of the award of the Jail shower repair bid
c. Approval of the proposal of the Pest Control Services
Karin Smith, County Auditor, requested to move item (c) to Agenda item #30.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to reject all bids for item (a) #22-4090-04
Vote: 5 - 0 Passed - Unanimously
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to go out for bids for Architectural services for EDA grant
Vote: 5 - 0 Passed - Unanimously
Received 1 bid, from HD Coating, Inc. in the amount of $225,562.40
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the bid of $225,562.40 for the Jail shower repair to HD Coatings, Inc. to be paid by ARPA funds.
Vote: 5 - 0 Passed - Unanimously
Consent Agenda
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.
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
Previous Agenda
Calendar Review
Adjournment
