County of Burnet {} On this the 13th day of September 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; Janet Parker, County Clerk; Karin Smith, County Auditor; Christy Simpson, Commissioners' Court Clerk
REGULAR MEETING DATE: Tuesday, September 13, 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 a Proclamation for Hunger Awareness Month (Oakley)
5. Discussion and/or action regarding the adoption of a Resolution concerning border security (Oakley)
6. Discussion and/or action regarding ordering the November 8, 2022 General Election (Oakley/Ferguson)
7. Discussion and/or action regarding approval to start the process to vacate CR 412 pursuant to a request made by the Lower Colorado River Authority (LCRA), Krause Springs Ranch, L.L.C., and Krause Park Land L.L.C. Said request is being made by the sole landowners along both sides of CR 412 in its entirety. The approximate distance of CR 412 is .5 miles from its beginning where it intersects with Burnet CR 404 to its dead end at the Grelle Recreation Area (Dockery)
8. Discussion and/or action regarding approval to enter the private property on CR 223 across from Panther Creek Road, owned by Paula Landers to remove a dead tree. The dead tree is a possible future threat to traffic and this action will improve public safety and therefore serves a public purpose (Beierle)
9. Discussion and/or action regarding approval to enter the private property on CR 210 on the northwest corner of CR 210B intersection, owned by Nelvia Fischer 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 (Beierle)
10. Discussion and/or action regarding approval to enter the private property near the 3000 Block of CR 274, owned by Sharon Dean 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 (Beierle)
11. Discussion and/or action to sign resolutions for FY 23 ALERRT Travel Assistance and Bullet-Resistance Shield Grant Program with the Office of the Governor, Criminal Justice Division. Approval to apply was in the 8/23/22 Commissioners Court (Oakley/Smith)
12. Discussion and/or action regarding the setting of policy allowing for Burnet County to enter into contracts with Road & Bridge employees to sponsor expenses and costs of obtaining a CDL driving license and in return receive a combination of either direct repayment and/or performance in employment for Burnet County involving use of CDL driver’s license credentials for determined period of time. Said proposed practice to follow existing Burnet County policy in sponsoring Sheriff Department employees in obtaining law enforcement credentials (Beierle)
13. Discussion and/or action for waiver of penalties and interest from the Burnet Central Appraisal District from Diane Hammock (Oakley)
14. Discussion and/or action regarding the setting of Sheriff and Constable Fees for 2023 (Oakley/Parker)
15. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Steven and Shannon Prothro for a 6.33 acre tract out of a 14 acre tract, BCAD parcel #52559, located at 1055 CR 334 (Wall)
16. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Kevin Winn for a 5.6 acre tract out of a 14.95 acre tract, BCAD parcel #60334, located at 13308 E. FM 1431 (Wall)
17. Discussion and/or action concerning the replat of lots 309 & 310, Windermere Oaks, to be known as lot 309A, Windermere Oaks, a combination of 2 lots into 1 (Dockery)
18. Discussion and/or action concerning the preliminary plat approval for Shin Oak Bend, a private subdivision consisting of 47 lots on 227.30 acres located in the 6000 block of CR 252 (Beierle)
19. Discussion and/or action concerning the replat of a portion of lots 67 & 69 and all of lot 68, Twin Isles Subdivision, to be known as lot 68-A Twin Isles Subdivision (Luther)
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. Acknowledgment of Receipt:
b. MIS Summary for Oct. 2021 – July 2022
25. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
b. New pledge agreement with Cadence Bank (formerly Bancorp South) depository and First Horizon Bank, trustee
c. FY 2023 MOU with Burnet County, Burnet County Sheriff’s Office and Bluebonnet Trails Community Services for $106,389.00 for Crisis Diversion program
d. Approval to accept allocation and sign the contract for the FY 23 9-1-1 GIS funding from the CAECD in the amount of $123,093.35
e. Contract agreement with Alpha Industries, LLC. For work to be done on CR 413
f. Contract agreement with Sophie McCoy to represent Burnet County, Texas for the services of administrating all matters of the VETRIDE program
g. Independent Contractor agreement with Jim Barho as the Burnet County Emergency Coordinator
h. Service contract with Marble Falls/Highland Lakes Area Chamber of Commerce for advertising, lodging, and promoting tourism
i. Service contract with Kingsland Lake LBJ Chamber of Commerce for advertising, lodging, and promoting tourism
j. Contract for FY23 Statewide Automated Victim Notification Service maintenance contract with Appriss
k. Contract for FY23 Statewide Automated Victim Notification Service maintenance contract with Texas Attorney General Office
l. Accept and ratify the signature for the Interlocal Contract for Implementation of Solid Waste Management Activities with the Capital Area Council of Governments for the FY23 Solid Waste grant for the HHW Collection Event. Total grant amount is $35,000.00
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:
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.
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.
Call to Order
Invocation and Pledge of Allegiance to the Flags
Public Comments
Resolution for Border Security
Sheriff, Calvin Boyd, addressed the court about the Resolution and concerns regarding Border security. Judge Oakley read the Resolution to the court. Comm. Beierle spoke about the resolution and thanked the Sheriff for his support with this resolution.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to adopt the Resolution concerning border security.
Vote: 4 - 0 Passed - Unanimously
Order of General Election
Doug Ferguson, Elections Administrator, addressed the court about the upcoming elections on November 8, 2022 for the County, State and Federal elections.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to order the November 8, 2022 General Election.
Vote: 4 - 0 Passed - Unanimously
Department Update
Proclamation Hunger Awareness Month
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Proclamation for Hunger Awareness Month.
Vote: 4 - 0 Passed - Unanimously
Vacate CR 412
Comm. Dockery, received a letter from L.C.R.A. to vacate CR 412.
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the process to vacate CR 412 pursuant to a request made by the Lower Colorado River Authority (LCRA), Krause Springs Ranch, L.L.C., and Krause Park Land L.L.C. Said request is being made by the sole landowners along both sides of CR 412 in its entirety. The approximate distance of CR 412 is .5 miles from its beginning where it intersects with Burnet CR 404 to its dead end at the Grelle Recreation Area.
Vote: 4 - 0 Passed - Unanimously
Access to private property to remove a dead tree on CR 223
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 on CR 223 across from Panther Creek Road, owned by Paula Landers to remove a dead tree. The dead tree is a possible future threat to traffic and this action will improve public safety and therefore serves a public purpose.
Vote: 4 - 0 Passed - Unanimously
Access to private property for tree removal CR 210/CR 210B
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve to enter the private property on CR 210 on the northwest corner of CR 210B intersection, owned by Nelvia Fischer 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.
Vote: 4 - 0 Passed - Unanimously
Access to private property for tree removal on CR 274
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve to enter the private property near the 3000 Block of CR 274, owned by Sharon Dean 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.
Vote: 4 - 0 Passed - Unanimously
ALEERT Travel Assistance & Bullet-Resistance Shield Grant
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to sign resolutions for FY 23 ALERRT Travel Assistance and Bullet-Resistance Shield Grant Program with the Office of the Governor, Criminal Justice Division. Approval to apply was in the 8/23/22 Commissioners Court.
Vote: 4 - 0 Passed - Unanimously
Replat - Windermere Oaks Lot 309A
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of lots 309 & 310, Windermere Oaks, to be known as lot 309A, Windermere Oaks, a combination of 2 lots into 1.
Vote: 4 - 0 Passed - Unanimously
Preliminary Plat - Shin Oak Bend
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the preliminary plat approval for Shin Oak Bend, a private subdivision consisting of 47 lots on 227.30 acres located in the 6000 block of CR 252.
Vote: 4 - 0 Passed - Unanimously
MOU Sheriff's Office & Bluebonnet Trails
Andrea Richardson, Bluebonnet Trails Community services, addressed the court concerning the MOU.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the FY 2023 MOU with Burnet County, Burnet County Sheriff’s Office and Bluebonnet Trails Community Services for $106,389.00 for Crisis Diversion program.
Vote: 4 - 0 Passed - Unanimously
BCAD Waiver of penalties Diane Hammock
Stan Hemphill, BCAD Chief Appraiser, addressed the court explaining late fees for delinquent property taxes from Diane Hammock. The court took no action on the request from Diane Hammock.
CDL Driver's License Training
Comm. Beierle, explained the process for obtaining a CDL driver's license and asked the court to set up a policy for employees. Sara Ann Luther, Human Resource Director, agreed with Comm. Beierle and explained the process for obtaining a CDL license. Judge Oakley asked what line item this would come from and Comm. Beierle replied, training line item. Karin Smith, County Auditor, asked if meals and mileage would be paid. Comm. Beierle, responded just expenses. He did not add to the estimate, exhibit "A" of the agreement will list out the expenses.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the policy with amendments discussed in court allowing Burnet County to enter into contracts with Road & Bridge employees to sponsor expenses and costs of obtaining a CDL driving license and in return receive a combination of either direct repayment and/or performance in employment for Burnet County involving use of CDL driver’s license credentials for determined period of time. Said proposed practice to follow existing Burnet County policy in sponsoring Sheriff Department employees in obtaining law enforcement credentials.
Vote: 4 - 0 Passed - Unanimously
Replat - Twin Isles Lot 68A
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of a portion of lots 67 & 69 and all of lot 68, Twin Isles Subdivision, to be known as lot 68-A Twin Isles Subdivision.
Vote: 4 - 0 Passed - Unanimously
Sheriff and Constable Fees 2023
Janet Parker, County Clerk, explained that she spoke to the Sheriff and he is making a recommendation for the court to approve the 2023 fees, with no changes.
Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Sheriff and Constable Fees for 2023.
Vote: 4 - 0 Passed - Unanimously
Variance request by Steven and Shannon Prothro
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the variance from the Burnet County Subdivision Regulations by Steven and Shannon Prothro for a 6.33 acre tract out of a 14 acre tract, BCAD parcel #52559, located at 1055 CR 334.
Vote: 4 - 0 Passed - Unanimously
Variance request for Kevin Winn
Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a request for a variance from the Burnet County Subdivision Regulations by Kevin Winn for a 5.6 acre tract out of a 14.95 acre tract, BCAD parcel #60334, located at 13308 E. FM 1431.
Vote: 4 - 0 Passed - Unanimously
Executive Session
Open Session
Executive Session
Department Update
Judge Oakley, welcomed the new Chief Alan Trevino from the Sheriff's office.
Karin Smith, County Auditor, reminded Judge Oakley to spend the CTIF money by January 2023. (See attachment)
Sara Ann Luther, Human Resource Director, gave an update on the open enrollment for insurance for 2023.
Acknowledgement of Receipt
b. MIS Summary for Oct. 2021 – July 2022
Contracts, Agreements or Grants
b. New pledge agreement with Cadence Bank (formerly Bancorp South) depository and First Horizon Bank, trustee
c. FY 2023 MOU with Burnet County, Burnet County Sheriff’s Office and Bluebonnet Trails Community Services for $106,389.00 for Crisis Diversion program
d. Approval to accept allocation and sign the contract for the FY 23 9-1-1 GIS funding from the CAECD in the amount of $123,093.35
e. Contract agreement with Alpha Industries, LLC. For work to be done on CR 413
f. Contract agreement with Sophie McCoy to represent Burnet County, Texas for the services of administrating all matters of the VETRIDE program
g. Independent Contractor agreement with Jim Barho as the Burnet County Emergency Coordinator
h. Service contract with Marble Falls/Highland Lakes Area Chamber of Commerce for advertising, lodging, and promoting tourism
i. Service contract with Kingsland Lake LBJ Chamber of Commerce for advertising, lodging, and promoting tourism
j. Contract for FY23 Statewide Automated Victim Notification Service maintenance contract with Appriss
k. Contract for FY23 Statewide Automated Victim Notification Service maintenance contract with Texas Attorney General Office
l. Accept and ratify the signature for the Interlocal Contract for Implementation of Solid Waste Management Activities with the Capital Area Council of Governments for the FY23 Solid Waste grant for the HHW Collection Event. Total grant amount is $35,000.00
Comm. Dockery, asked on item (g) the Independent Contractor agreement, what is the amount? Karin Smith, County Auditor, stated the annual amount is $45,250.92 which is a 9.5% increase from last year.
Blair Manning, Tourism Director, explained to the court Christmas on the square sponsorship price has increased to $8,000.
Comm. Beierle stated that there was a miscommunication because the County had never paid the whole amount for the Christmas sponsorship.
Comm. Dockery stated that item (a) should be pulled out and voted separately.
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve items b-l, excluding item (c). (b) New pledge agreement with Cadence Bank (formerly Bancorp South) depository and First Horizon Bank, trustee; (d) Approval to accept allocation and sign the contract for the FY 23 9-1-1 GIS funding from the CAECD in the amount of $123,093.35; (e) Contract agreement with Alpha Industries, LLC. For work to be done on CR 413; (f) Contract agreement with Sophie McCoy to represent Burnet County, Texas for the services of administrating all matters of the VETRIDE program; (g) Independent Contractor agreement with Jim Barho as the Burnet County Emergency Coordinator; (h) Service contract with Marble Falls/Highland Lakes Area Chamber of Commerce for advertising, lodging, and promoting tourism; (i) Service contract with Kingsland Lake LBJ Chamber of Commerce for advertising, lodging, and promoting tourism; (j) Contract for FY23 Statewide Automated Victim Notification Service maintenance contract with Appriss; (k) Contract for FY23 Statewide Automated Victim Notification Service maintenance contract with Texas Attorney General Office; (l) Accept and ratify the signature for the Interlocal Contract for Implementation of Solid Waste Management Activities with the Capital Area Council of Governments for the FY23 Solid Waste grant for the HHW Collection Event. Total grant amount is $35,000.00
Vote: 4 - 0 Passed - Unanimously
Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. Item (a): to approve the Tourism sponsorship for Burnet’s Christmas on the Square ($500)
Vote: 3 - 0 Passed
- Other:
-
Commissioner Precinct 2 Damon Beierle (Abstain)
- Tourism sponsorship Christmas on square
- Agreement Cadence Bank
- CAECD Agreement for 911 GIS
- Contract Alpha Paving
- Contract Agreement Sophie McCoy VetRide
- Independent Contractor Agreement Jim Barho
- Contract Kingsland and Lake LBJ Chamber of Commerce
- Contract Marble Falls Highland Lakes Chamber of Commerce
- Contract Appriss Insights LLC
- SAVNS Grant Contract
- CAPCOG Solid Waste Mgmt
Department Update
Bids and Bid openings
Karin Smith, County Auditor, explained that the website proposal bid is due September 20th, the electrical bid is due September 29th and the Architect bid will be due October 13th.
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: 4 - 0 Passed - Unanimously
Previous Agenda items
Judge Oakley, gave an explanation on the budget for the County Clerk's request for extra personnel that was discussed at the previous meeting.
Calendar Review
Adjournment
