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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}     On this the 11th day of October 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; Vicinta Stafford, Chief Deputy County Clerk; Karin Smith, County Auditor
 
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, October 11, 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 concerning certificate for Capital Area Housing Finance Corporation (Oakley)
 
5. Discussion and/or action regarding FY 23 Burnet County Longevity Policy (Oakley/S.Luther)
 
6. Discussion and/or action regarding payment for Jail/Sheriff’s Office employees working mandatory dispatch overtime for the period ending 12/30/22 (Oakley/S.Luther)
 
7. Discussion and/or action regarding updating the Employee Handbook, Section 3.6 (Timekeeping) (Oakley/S.Luther)
 
8. Discussion and/or action regarding acceptance of a $100,000 award from the US Department of Treasury Local Assistance and Tribal Consistency Fund (Oakley)
 
9. Discussion and/or action regarding extending the exception allowing Telecommunicators to carry over 160 hours of vacation on 12/31/22 (Oakley/S.Luther)
 
10. Discussion and/or action regarding switching Paul Shanks from a paid driver to a volunteer driver for VetRide Program (Oakley)
 
11. Discussion and/or action concerning a burn ban for the unincorporated areas of Burnet County (Oakley)
 
12. Discussion and/or action concerning the final plat approval of Shin Oak Bend, a private subdivision consisting of 47 lots on 227.30 acres located in the 6000 block of CR 252 (Beierle)
 
 13. Discussion and/or action concerning a request a variance from the Burnet County Subdivision Regulations by Timothy Beckman for a 2 acre tract out of a 15.417 acre tract located at 2608 CR 322 (Wall)
 
14. Discussion and/or action concerning the replat of tracts 15-A and 17-B, Granite Ridge, to be known as tracts 15-B, 15-C and 17-C, Granite Ridge, 2 lots into 3 (Dockery)
 
15. Discussion and/or action concerning naming a road County Line located in the 2000 block of CR 323 per CAPCAG guidelines (Wall)
 
 16. 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).   
           
17. Reconvene in Open Session. 
 
18. 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.
 
19. Discussion and/or action regarding Department Updates: (Oakley)
             
20. Acknowledgement of Receipt:
     a. MIS Summary
     b. Travis County Medical Examiner letter in regards to fees
     c. Quarterly reports from Burnet Fire Department
           
 
 21. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
       a.Interlocal agreement with Burnet County and the City of Double Horn
       b. Bertram Country Christmas for Tourism $1250.00 
       c. LESO Program agreement
       d. Interlocal with City of Burnet for Library funding
       e. Contract labor agreement with Delineations for renderings
 
           
22. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. Award of bid for the electrical work at the Sheriff’s Office, as well as the contract labor agreement with Schmidt Electric Co., for the work to be
performed.
b. Approval to accept a bid for website management for Tourism
           
           
23. 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.
           
 
24. Discussion regarding any previous agenda items.
 
25. Calendar Review.
 
26. 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, Precinct 4, led the court in Invocation and Pledge of Allegiance to the Flags.
 
Item #3:
Public Comments
There were no comments from the public.
 
Item #24:
Previous Agenda Items
Herb Darling, Development Services, stated that a re-plat that was approved in the previous meeting had the wrong copy signed by the Judge and requested that the correct one be signed for the surveyor.
 

The Court took no action on this agenda item.

 
Item #12:
Final Plat
Shin Oak Bend
The court discussed the final plat approval of Shin Oak Bend, a private subdivision consisting of 47 lots on 227.30 acres located in the 6000 block of CR 252.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat approval of Shin Oak Bend, a private subdivision consisting of 47 lots on 227.30 acres located in the 6000 block of CR 252.

Vote: 5 - 0 Passed - Unanimously

 
Item #21:
Contracts, Agreements,
or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
       a. Interlocal agreement with Burnet County and the City of Double Horn
       b. Bertram Country Christmas for Tourism $1250.00        
       c. LESO Program agreement
       d. Interlocal with City of Burnet for Library funding
       e. Contract labor agreement with Delineations for renderings
       f. Interlocal Agreement with Meals on Wheels.
       g. Interlocal Agreement with City of Bertram
       h. Lukes Paving

 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve Agreement with Meals on Wheels, Texas Feeding Texans Grants, and Interlocal agreement with the City of Bertram. Judge Oakley clarified this motion to include items f and g.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve Interlocal agreement with Burnet County and the City of Double Horn, LESO Program agreement, Interlocal with City of Burnet for Library funding, Contract labor agreement with Delineations for renderings.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve Bertram Country Christmas for Tourism $1250.00

Vote: 4 - 0 Passed

Other:
Commissioner Precinct 2 Damon Beierle (Abstain)
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the interlocal agreement with Lukes Paving.

Vote: 5 - 0 Passed - Unanimously

 
Item #4:
Certificate
Capital Area Housing
Finance Corporation
The court discussed a certificate for Capital Area Housing Finance Corporation. Judge Oakley spoke, informing the court that Burnet County has not taken action to not allow them to proceed with this.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve certificate for Capital Area Housing Finance Corporation

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
FY 23 Burnet County
Longevity Policy
The Court discussed FY 23 Burnet County Longevity Policy. Karin Smith, County Auditor, stated that this allows what was approved last year for full-time employees and adding part-time employees. Judge Oakley spoke saying this is adding part-time employees. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve FY 23 Burnet County Longevity Policy.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #6:
Payment for Overtime
Sheriff/Jail Employees
The court discussed payment for Jail/Sheriff’s Office employees working mandatory dispatch overtime for the period ending 12/30/22. Sara Ann Luther, HR Director, spoke saying this is a unique situation as the Sheriff's Office is short on employees and has had other employees that are not in dispatch covering shifts. Ms. Luther, said the employees did not realize since this was a lower position on the payscale, that they were not getting paid overtime for their regular positions. Judge Oakley spoke saying these positions are limited to just employees that are certified to be able to fulfill the requirements of the position. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve payment for Jail/Sheriff’s Office employees working it is mandatory dispatch overtime for the period ending 12/30/22.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Updating Employee Handbook
Section 3.6
The court discussed updating the Employee Handbook, Section 3.6 (Timekeeping). Sara Ann Luther, HR Director, informed the court there had been employees short of their 40 hour work week and the treasurer's office was confused as if they wanted to use time or if they wanted to be short for that pay week. Ms. Luther asked to strike out at the top of the section code 3.6 that employees will be paid 10 hours less if they do not turn in their time sheets. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve updating the Employee Handbook, Section 3.6 (Timekeeping). Commissioner Dockery, requested to amend his motion adding to remove the policy that if you do not turn in your time sheet you will have 10 hours removed from your pay.

Vote: 5 - 0 Passed - Unanimously

 
Item #24:
Previous Agenda Items
The court discussed previous agenda items. Judge Oakley, spoke saying they had received a resignation letter from Constable Pricint 3. There was a letter received 2 weeks ago and the position was posted but Constable Precinct 3, already turned in his keys and will not be fulfilling his duties until the end of October. 
 
Item #9:
Extending Vacation Hours
Telecommunicators
The court discussed extending the exception allowing Telecommunicators to carry over 160 hours of vacation on 12/31/22. Sara Ann Luther, HR Director, informed the court given the circumstances these employees do not have opportunities to use a lot of time, but their time builds up and they lose it if it's not used.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve extending the exception allowing Telecommunicators to carry over 160 hours of vacation on 12/31/22.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Department Updates
Commissioner Beierle, Precinct 2, asked for an update on the salary survey that was completed with Evergreen. Judge Oakley stated for clarification that is was not just a salary survey, it was a position survey as well as a work chart. Sara Ann Luther, HR Director, spoke and said she spoke with the company 2 weeks ago and had responses from entities and are collecting the data that has things in common with how Burnet County is set up. Ms. Luther said that the changes should be implemented in the FY 24 Budget. 
 
Item #8:
US Department of Treasury Local Assistance
and Tribal Consistency Fund
The court discussed acceptance of a $100,000 award from the US Department of Treasury Local Assistance and Tribal Consistency Fund. Judge Oakley spoke saying this will be spread out over a 2 year period. Karin Smith, County Auditor, informed the court that this is part of the ARPA Act and Burnet County is receiving this because the county participates in Lieu of Taxes Program administered by the Fishing Wildlife Services. 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to accept a $100,000 award from the US Department of Treasury Local Assistance and Tribal Consistency Fund.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
VetRide Program
Paul Shanks
The court discussed switching Paul Shanks from a paid driver to a volunteer driver for VetRide Program. 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve switching Paul Shanks from a paid driver to a volunteer driver for VetRide Program.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Burn Ban
The court discussed a burn ban for the unincorporated areas of Burnet County. Judge Oakley, said it had not rained in awhile. Commissioner Beierle, Precinct 2, said that the Fire Chiefs that he had spoken with believed that it was time to put a ban in effect.Commissioner Dockery, Precinct 4, spoke saying the number as of today was 586.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve a burn ban for the unincorporated areas of Burnet County. With an effective time of 12:00p.m. 10.11.2022

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Acknowledgement of Receipts
The court acknowledged the receipts.
a. MIS Summary
b. Travis County Medical Examiner letter in regards to fees
c. Quarterly reports from Burnet Fire Department

Judge Oakley, informed the court that Travis County Commissioners Court approved a 10 percent increase to their fees for the Travis County Medical Examiner and the fee is due to increases in the operations of their office. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the MIS Summary, Travis County Medical Examiner letter in regards to fees, and Quarterly reports from Burnet Fire Department.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Request for Variance
Timothy Beckman
The court discussed a request for a variance from the Burnet County Subdivision Regulations by Timothy Beckman for a 2 acre tract out of a 15.417 acre tract located at 2608 CR 322.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a variance from the Burnet County Subdivision Regulations by Timothy Beckman for a 2 acre tract out of a 15.417 acre tract located at 2608 CR 322.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
Replat
Granite Ridge
The Court discussed a replat of tracts 15-A and 17-B, Granite Ridge, to be known as tracts 15-B, 15-C and 17-C, Granite Ridge, 2 lots into 3. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the replat of tracts 15-A and 17-B, Granite Ridge, to be known as tracts 15-B, 15-C and 17-C, Granite Ridge, 2 lots into 3.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #15:
Naming of Road
County Line
The court discussed naming a road County Line located in the 2000 block of CR 323 per CAPCAG guidelines. 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve naming a road County Line located in the 2000 block of CR 323 per CAPCAG guidelines.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Executive Session
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).
 

The Court took no action on this agenda item.

 
Item #17:
Executive Session
Reconvene in Open Session.
 

The court took no action on this agenda item.

 
Item #18:
Executive Session
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.
 

The court took no action on this agenda item.

 
Item #19:
Department Updates
The court discussed department updates. Herb Darling, Development Services, informed the court that he lost an employee as she moved to another position within the county and his office is about 2 weeks out on turn around. Judge Oakley spoke saying the modular building for the Public Defenders Office is in preparation and they are working on the parking lot as well as other items. Judge Oakley said that maintenance will be working on the south annex for the Tax Assecor Collectors Office. 
 

The court took no action on this agenda item.

 
Item #22:
Call for Bids
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings.
a. Award of bid for the electrical work at the Sheriff’s Office, as well as the contract labor agreement with Schmidt Electric Co., for the work to be performed.
b. Approval to accept a bid for website management for Tourism.

Judge Oakley spoke on item a, and the county received a submittal from Schmidt Electric in the amount of $49,599.00 
 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to award of bid for the electrical work at the Sheriff’s Office, as well as the contract labor agreement with Schmidt Electric Co., for the work to be performed and to sign the labor contract agreement.

Vote: 5 - 0 Passed - Unanimously

 

The court took no action on item b. Approval to accept a bid for website management for Tourism.

 
The court recessed at 9:50 a.m.
 
The court reconvened at 9:55 a.m.
 
Item #23:
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 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

 
Item #25:
Calendar Review
The court discussed calendar review.
 
Item # :
Adjournment
Judge Oakley adjourned the meeting at 10:00 a.m. as there was no further business. 
 
Signature