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Minutes for Regular Session

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The State of Texas {}
County of Burnet   {}      On this the 25th 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; Brittney Smith, Deputy Clerk; Karin Smith, County Auditor
 
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 25, 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 vacating 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 was 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. Notice of said potential action has been posted at the start and end points of CR 412 plus at the Burnet county Courthouse for at least 20 days (Dockery)

5. Discussion and/or action regarding the report on the October 15th HHW event and regarding setting a date for a BOPATE even in Marble Falls for April 2023 (Dockery)

6. Discussion and/or action regarding a request for a variance from the Burnet County Subdivision Regulations by Phillip and Susan Dunne for a 2.00 acre tract out of 22.22 acre tract located at 941 CR 402 (Dockery)

7. Discussion and/or action regarding a replat of lots 2E and 164, Council Creek South, to be known as lots 2E-1R, Council Creek South (Luther)

8. Discussion and/or action regarding a request for a variance from the Burnet County Subdivision Regulations by Ricky Simpson for a 2 acre tract out of a 5 acre tract located in the 4000 block of East SH 29, Bertram (Beierle)

9. Discussion and/or action regarding the release of Subdivision Completion Bond no. 4453993 for Rees Landing and accepting maintenance bond no. 4448643MNT (Dockery)

10. Discussion and/or action regarding County Choice Silver Medical plan for retirees (Oakley/S.Luther)

11. 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).

12. Reconvene in Open Session.

13. 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.

14. Discussion and/or action regarding Department Updates:(Oakley)
a. Monthly Treasurer’s Report – approval of September 2022
b. Acceptance of Quarterly Investment Report – Q4 FY 22 July – Sept.


15. Acknowledgement of Receipt:

16. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Agreement with Texas Dept. of Emergency Mgmt. (TDEM) for the use of office space allocated by BCISD to Burnet Co. in Argi Life Building
b. Accepted and executed Interlocal agreement with the City of Double Horn
c. Revised FY23 Inmate Housing Agreements for the following municipalities:City of Burnet, City of Cottonwood Shores, City of Granite Shoals, City of Marble Falls, City of Horseshoe Bay
d. Approval to apply for a grant for VETRIDE from 2023-2024 Texas Veterans Commission Fund for Veterans General Assistance. Grant period is 7/1/2023 – 6/30/2024


17. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. Approval to award a bid for website management for Tourism


18. 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.


19. Discussion regarding any previous agenda items.

20. Calendar Review.

21. Adjournment.





James Oakley, Burnet County Judge












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 9:00a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Judge Oakley led the court in Invocation and the Pledge of Allegiance to the Flags.
 
Item #3:
Public Comments
There were no comments from the public.
 
Item #17:
Call for Bids
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings.
a. Approval to award a bid for website management for tourism.

Judge Oakley stated to reject all bids and renew the contract with the current vendor.
 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the renewal of the current contract with the website design with Victor Media.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
Department Updates
The court discussed department updates:
a. Monthly Treasurer’s Report – approval of September 2022
b. Acceptance of Quarterly Investment Report – Q4 FY 22 July – Sept.

Karrie Crownover, County Treasurer, gave an update on the Monthly Treasurer’s Report for September 2022 and the Quarterly Investment Report for Q4 FY 2022 from July to September 2022.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Quarterly Investment Report – Q4 FY 22 July – Sept. and the Monthly Treasurer’s Report for September 2022.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #7:
Replat
Council Creek South
The court discussed a replat of lots 2E and 164, Council Creek South, to be known as lots 2E-1R, Council Creek South.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of lots 2E and 164, Council Creek South, to be known as lots 2E-1R, Council Creek South.

Vote: 5 - 0 Passed - Unanimously

 
Item #4:
Vacating
County Road 412
The court discussed vacating 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 was 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. Notice of said potential action has been posted at the start and end points of CR 412 plus at the Burnet county Courthouse for at least 20 days. Commissioner Dockery, Precinct 4 informed the court that notices were posted at both ends of the county road and this was affecting two property owners. Mr. Dockery said that there is an order to vacate the county road and the lease that property owner Krause has with LCRA that will be entered into the minutes with the order. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to move for adoption to vacate CR 412. Judge Oakley stated that this was a unanimous vote.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #5:
HHW Event Report
& Date for BOPATE
The court discussed the report on the October 15th HHW event and discussed setting a date for a BOPATE event in Marble Falls for April 2023. Commissioner Dockery, Precinct 4, wanted to recognize Susanne Patton with LCRA and the donation for the BOPATE event. Mr. Dockery said from the HHW event there were over 56,000 lbs of recyclable and over 7,000 lbs of electronics collected and thanked everyone that helped make the event successful. Mr. Dockery also wanted to set the date for the BOPATE event in Marble Falls at Marble Falls High School on April 22, 2023 as it is National Earth Day.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to adopt April 22, 2023 at the Marble Falls High School on the visitor side for the BOPATE event.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Variance
Council Creek South
The court discussed a request for a variance from the Burnet County Subdivision Regulations by Phillip and Susan Dunne for a 2.00 acre tract out of 22.22 acre tract located at 941 CR 402. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request for a variance from the Burnet County Subdivision Regulations by Phillip and Susan Dunne for a 2.00 acre tract out of 22.22 acre tract located at 941 CR 402.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Request for Variance
Ricky Simpson
The court discussed a request for a variance from the Burnet County Subdivision Regulations by Ricky Simpson for a 2 acre tract out of a 5 acre tract located in the 4000 block of East SH 29, Bertram. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve a request for a variance from the Burnet County Subdivision Regulations by Ricky Simpson for a 2 acre tract out of a 5 acre tract located in the 4000 block of East SH 29, Bertram.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #9:
Completion Bond #4453993
& Maintenance Bond #4448643MNT
The court discussed the release of Subdivision Completion Bond no. 4453993 for Rees Landing and accepting maintenance bond no. 4448643MNT. Commissoner Dockery, Precinct 4 complemented the contractor Joe Bland on the job well done.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of Subdivision Completion Bond no. 4453993 for Rees Landing and accepting maintenance bond no. 4448643MNT.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #10:
County Choice Silver Medical Plan
Retirees
The court discussed the County Choice Silver Medical plan for qualifying retirees. Sara Ann Luther, HR Director, informed the court that this is a plan that has to be approved every year according to TAC and that this is a supplement plan and no cost to the county.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve County Choice Silver Medical plan for qualifying retirees.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #14:
Department Updates
The court discussed department updates. Sara Ann Luther, HR Director, informed the court that they had received preliminary numbers from the company Evergreen. Karen Smith, County Auditor, commended the HR and Treasurers departments on the amount of work they have done. Judge Oakley informed the court on the new voting location as well as the South Annex modifications that are being made to expand the office to accommodate staff. Judge Oakley updated the court on the modular building for the Public Defender's Office and the target date to open that office is set for 12/01/2022. Herb Darling, Development Services, said his office is still seeing good numbers of permits but that it has slowed down. 
 

The court took no action on this agenda item.

 
Item #11:
Executive Session
 

The court took no action on this agenda item.

 
Item #12:
Executive Session
 

The court took no action on this agenda item.

 
Item #13:
Executive Session
 

The court took no action on this agenda item.

 
Item #15:
Acknowledgement of Receipts
The court had no receipts to acknowledge.
 
Item #16:
Contracts, Agreements,
or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a. Agreement with Texas Dept. of Emergency Mgmt. (TDEM) for the use of office space allocated by BCISD to Burnet Co. in Argi Life Building
b. Accepted and executed Interlocal agreement with the City of Double Horn
c. Revised FY23 Inmate Housing Agreements for the following municipalities:City of Burnet, City of Cottonwood Shores, City of Granite Shoals, City of Marble Falls, City of Horseshoe Bay.
d. Approval to apply for a grant for VETRIDE from 2023-2024 Texas Veterans Commission Fund for Veterans General Assistance. Grant period is 7/1/2023 – 6/30/2024.

Judge Oakley requested to take no action on item c, and informed the court that TDEM's location is temporary. Commissioner Dockery, Precinct 4 stated the contract with the City of Double Horn is a ratification from the Interlocal Agreement that was approved on the October 11, 2022 meeting.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the agreement with Texas Dept. of Emergency Mgmt. (TDEM) for the use of office space allocated by BCISD to Burnet Co. in Argi Life Building, accepted and executed Interlocal agreement with the City of Double Horn, and approval to apply for a grant for VETRIDE from 2023-2024 Texas Veterans Commission Fund for Veterans General Assistance. Grant period is 7/1/2023 – 6/30/2024.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #17:
Call for Bids
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings. Karin Smith, County Auditor, informed the court that Commissioner Wall, Precinct 3 requested a piece of equipment for road and bridge. Commissioner Wall, Precinct 3, informed the court that 2 pieces of equipment are not currently running, and he is unsure if they are repairable. Mr. Wall said that he could purchase a new dump truck for $114,000.00.
         
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to go out for bid for one 8 yard dump truck with specifications to be determined with the funding to come out of the tax note or other funding avaliable.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Consent Agenda
The court discussed 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.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the consent agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the consent agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Previous Agenda Items
The court had no previous agenda items to discuss.
 
Item #20:
Calendar Review
The court discussed calendar reviews.
 
Item #21 :
Adjournment
Judge Oakley adjourned the court at 9:45 a.m. as there was no further business.
 
Signature