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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 13th day of  December 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:
Vicinta Stafford, Chief Deputy County Clerk; Karin Smith, County Auditor
Attendees:
Shelly Denton
 
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, December 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 resignation from Bruce Mills from ESD 9 (Spicewood) effective year end (2022). (Dockery)
 
5. Discussion and/or action regarding appointing Mr. Wolfe to ESD 9 (Spicewood) effective January 1, 2023. (Dockery)
 
6. Discussion and/or action regarding reappointing Beth Dop and Dan Gillean to ESD 1 effective January 1, 2023. (Dockery)
 
7. Discussion and/or action regarding reappointing Brenda Goble and Clayton Smith to the ESD 7 Board, effective January 1,2023. (Beierle)
 
8. Discussion and/or action regarding reappointing Ned Ewart and Barker Keith II to the ESD 8 Board effective January 1, 2023. (Beierle)
 
9. Discussion and/or action regarding reappointing Alice Price to the ESD 8 Board to an unexpired term effective January 1, 2023. (Beierle)
 
10. Discussion and/or action regarding nomination to fill vacancy on Burnet Central Appraisal District board for the unexpired term of Dave Kithil. (Oakley)
 
 
11. Discussion and/or action regarding the possible subdivision of BCAD parcel #47902. (Luther)
 
12. Discussion and/or action regarding a request for a variance from the Burnet County Subdivision Regulations Robert and Derek Lee to create a 20 acre and a 5.16-acre tract out of a 25.16-acre tract, BCAD parcel #11008, located at 3547 W. SH 29 Bertram. (Wall)
 
13. Discussion and/or action regarding a replat of lot 403 and 404, Lakeside Beach, Section 1, Unit No. 2 to be known as lot 403-A, Lakeside Beach, Section 1, Unit No. 2, a combination of 2 lots into 1. (Dockery)
 
14. Discussion and/or action regarding correcting 2 street names in Rolling Hills Reserve for 911 purposes- Long View will be Longview (1 word) and High View Dr. will be Highview Lane. (Luther)
 
15. Discussion and/or action regarding concerning the release of maintenance bond number 0732135-M for the Arrowhead Trails Subdivision. (Beierle)
 
16. Discussion and/or action regarding concerning the release of maintenance bond #CNB-34860-00 for Bertram Creekside Estates Subdivision. (Beierle)
 
17. Discussion and/or action regarding concerning a request for a variance from the Burnet County Subdivision Regulation by Ryan Haberer to create a 4.05-acre tract and a 2.441-acre tract out of a 6.491-acre tract, BCAD parcel #58413 located at the intersection of CR 116 and CR 147. (Luther)
 
18. 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).   
           
19. Reconvene in Open Session. 
 
20. 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.
 
 
21. Discussion and/or action regarding Department Updates:  (Oakley)
                       
22. Acknowledgement of Receipt:  
a. Action regarding the CSCD Statement of Financial Position – FY22 per local Government code 140.004
 
23. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Action regarding approval of the Independent Contractor Agreement for Vetride: Mitchell VanHorn.
b. Action regarding approval of the Independent Contractor Agreement for Vetride: Anthony Surko 
c. Action regarding the agreement with Hill Country Humane Society, Animal Shelter/Adoption Center Agreement.
d. Action regarding the amendment to the lease with TPWD for the property lease for the radio tower.
e. Action regarding the contract labor agreement with DIJ Construction for striping on CR 413 andCR 404.
f. Approval of contract with Austin Structured Cabling for fiber run from the North Annex to the Maintenance Building.
g. Review approval and sign the Interlocal Agreement with Coryell County for the FY23 MVCPA Grant for the Heart of Texas Auto Theft Task Force. Grant Period is September 1,2022 – August 31,2022.
h. Approval to sign the non-financial agreement with KILEEN PD, LLANO COUNTY SO, MILLS COUNTY SO, SAN SABA COUNTY SO, BOSQUECO CO SO, CLIFTON PD, VALLEY MILLS PD, MERIDAN PD, BURNET PD, MARBLE FALLS PD, BERTRAM PD, GRANITE SHOALS PD, HORSESHOE BAY PD, COPPERAS COVE PD, GATESVILLE PD, FREESTOE CO SO, FAIRFIELD PD, TEAGUE PD, WORTHAM PD, GILLESPIE CO SO, FREDERICKSBURG PD, HAMILTON CO SO, HAMILTON PD, LAMPASAS CO SO, LAMPASAS PD, LIESTONE CO SO, GROESBECK PD, MEXIA PD, MEXIA ISD PD, LLANO PD, SUNRISE BEACH PD,  BELLMEAD PD, BEVERLY HILLS PD, HEWITT PD, LACY-LAKEVIEW PD, LORENA PD, MCGREGOR PD, ROBINSON PD, WACO PD, WEST PD, WOODWAY PD, MCLENNAN COM COLL PD, RIESEL PD, TSTC WACO PD, BAYLOR UNIV PD, SAN SABA PD, FLORENCE PD, GEORGETOWN PD, GRANGER PD, HUTTO PD, ROUND ROCK PD, TAYLOR PD, SOUTHWESTERN UNIV PD, CEDAR PARK PD, LEANDER PD, THRALL PD, JARRELL PD for the FY2023 Motor Vehicle Crime Prevention Authority (MVCPA) Grant Program for the Heart of Texas Auto Theft Task Force  for September 1,2022 – August 31,2023
i. AFA Agreement with TXDOT for deceleration lanes at CR 401/Hwy 71 intersection.
j. Approve work order for KC Engineering for survey work on Wirtz Bridge project.
 
           
 
 
 
24.  Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. Action regarding going out for RFP for renovations to the Joppa Bridge.
b. Action regarding the award of the bid for Food Services at Burnet County Jail.
 
25. 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.
           
 
26. Discussion regarding any previous agenda items.
 
27. Calendar Review.
 
28. 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 court in Invocation and Pledge of Allegiance to the flags.
 
Item #3:
Public Comments
There were no comments from the public.
 
Item #4:
Resignation
Bruce Mills, ESD 9
The court discussed the resignation from Bruce Mills from ESD 9 (Spicewood) effective year end (2022). Commissioner Dockery informed the court that he received Mr. Mills resignation and has honorably served for 4 years. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept the resignation from Bruce Mills from ESD 9 (Spicewood) effective year end (2022).

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Appointment
Mr. Wolfe ESD 9
The court discussed appointing Mr. Wolfe to ESD 9 (Spicewood) effective January 1, 2023. Commissioner Dockery, introduced Jerry Wolfe to the court as well as his accomplishments. Jerry Wolfe addressed the court informing he was pleased to be able to volunteer his time and improving response times for Fire and EMS.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve appointing Mr. Wolfe to ESD 9 (Spicewood) effective January 1, 2023.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve appointing Mr. Wolfe to ESD 9 (Spicewood) effective January 1, 2023.

Vote: 5 - 0 Passed - Unanimously

 
Item #21:
Department Updates
The court discussed department updates. Judge Oakley thanked Jim Barho for his service to Burnet County for the past 24 years. Jim Barho informed the court about his service over the years and said he was going to miss the people the most. Herb Darling, Development Services, thanked Mr. Barho for everything he has accomplished for the County and being a great co-worker.
 
Item #6:
Reappointment
Dop & Gillean ESD 1
The court discussed reappointing Beth Dop and Dan Gillean to ESD 1 effective January 1, 2023.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve reappointing Beth Dop and Dan Gillean to ESD 1 effective January 1, 2023.

Vote: 5 - 0 Passed - Unanimously

 
Item #7, 8, & 9:
Reappointment
Goble & Smith ESD 7
Ewart & Keith ESD 8
Price ESD 8
The court discussed reappointing Brenda Goble and Clayton Smith to the ESD 7 Board, effective January 1,2023. Reappointing Ned Ewart and Barker Keith II to the ESD 8 Board effective January 1, 2023 and to reappoint Alice Price to the ESD 8 Board to an unexpired term effective January 1, 2023.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve items 7, 8, and 9.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Nomination
BCAD
The court discussed a nomination to fill the vacancy on Burnet Central Appraisal District board for the unexpired term of Dave Kithil. Judge Oakley informed the court that he reached out to Cary Johnson and asked the court for any other nominees.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the nomination of Cary Johnson.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Possible Subdivision
Parcel #47902
The court discussed the possible subdivision of BCAD parcel #47902. Herb Darling, Development Services, spoke about what the owners want to accomplish and stated that it would not be able to be platted. Mr. Darling informed the court that his opinion was to take no action. 
 
Item #12:
Variance
Robert and Derek Lee
The court discussed a request for a variance from the Burnet County Subdivision Regulations Robert and Derek Lee to create a 20 acre and a 5.16-acre tract out of a 25.16-acre tract, BCAD parcel #11008, located at 3547 W. SH 29 Bertram.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a request for a variance from the Burnet County Subdivision Regulations Robert and Derek Lee to create a 20 acre and a 5.16-acre tract out of a 25.16-acre tract, BCAD parcel #11008, located at 3547 W. SH 29 Bertram.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Replat
Lakeside Beach, Sec 1
The court discussed a replat of lot 403 and 404, Lakeside Beach, Section 1, Unit No. 2 to be known as lot 403-A, Lakeside Beach, Section 1, Unit No. 2, a combination of 2 lots into 1. Commissioner Dockery requested that this agenda item be moved to the December 28th meeting and no action be taken.
 

The court took no action on this agenda item.

 
Item #14:
Correcting Street Names
Longview & Highview Lane
The court discussed correcting 2 street names in Rolling Hills Reserve for 911 purposes- Long View will be Longview (1 word) and High View Dr. will be Highview Lane.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve correcting 2 street names in Rolling Hills Reserve for 911 purposes- Long View will be Longview (1 word) and High View Dr. will be Highview Lane.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Maintenance Bond
Arrowhead Trail Subdivision
The court discussed the release of maintenance bond number 0732135-M for the Arrowhead Trails Subdivision. Commissioner Beierle informed the court that they corrected and fixed everything that was requested. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of maintenance bond number 0732135-M for the Arrowhead Trails Subdivision.

Vote: 5 - 0 Passed - Unanimously

 
Item #16:
Maintenance Bond
Bertram Creekside Estates
The court discussed the release of maintenance bond #CNB-34860-00 for Bertram Creekside Estates Subdivision.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of maintenance bond #CNB-34860-00 for Bertram Creekside Estates Subdivision.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Variance Request
Ryan Haberer
The court discussed a request for a variance from the Burnet County Subdivision Regulation by Ryan Haberer to create a 4.05-acre tract and a 2.441-acre tract out of a 6.491-acre tract, BCAD parcel #58413 located at the intersection of CR 116 and CR 147.
 

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 Regulation by Ryan Haberer to create a 4.05-acre tract and a 2.441-acre tract out of a 6.491-acre tract, BCAD parcel #58413 located at the intersection of CR 116 and CR 147.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Executive Session
The court took no action on this agenda item.
 
Item #19:
Executive Session
The court took no action on this agenda item.
 
Item #20:
Executive Session
The court took no action on this agenda item.
 
Item #21:
Department Updates
The court discussed department updates. Herb Darling, Development Services, informed the court that his office can breathe and is not as busy and  discussed other things within his department. Vicinta Stafford, Chief Deputy Clerk, informed the court that the office will be closed on December 30th to be able to change over everything within the office.
 
Item #22:
Acknowledgement of Receipts
The court discussed Acknowledgement of Receipt:         
a. Action regarding the CSCD Statement of Financial Position – FY22 per local Government code 140.004

Karin Smith, County Auditor, informed the court of the amounts. 
 
Item #23:
Contracts, Agreements,
or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a. Action regarding approval of the Independent Contractor Agreement for Vetride: Mitchell VanHorn.
b. Action regarding approval of the Independent Contractor Agreement for Vetride: Anthony Surko 
c. Action regarding the agreement with Hill Country Humane Society, Animal Shelter/Adoption Center Agreement.
d. Action regarding the amendment to the lease with TPWD for the property lease for the radio tower.
e. Action regarding the contract labor agreement with DIJ Construction for striping on CR 413 and CR 404.
f. Approval of contract with Austin Structured Cabling for fiber run from the North Annex to the Maintenance Building.
g. Review approval and sign the Interlocal Agreement with Coryell County for the FY23 MVCPA Grant for the Heart of Texas Auto Theft Task Force.          Grant Period is September 1,2022 – August 31,2022.
h. Approval to sign the non-financial agreement with KILEEN PD, LLANO COUNTY SO, MILLS COUNTY SO, SAN SABA COUNTY SO, BOSQUECO CO SO, CLIFTON PD, VALLEY MILLS PD, MERIDAN PD, BURNET PD, MARBLE FALLS PD, BERTRAM PD, GRANITE SHOALS PD, HORSESHOE BAY PD, COPPERAS COVE PD, GATESVILLE PD, FREESTOE CO SO, FAIRFIELD PD, TEAGUE PD, WORTHAM PD, GILLESPIE CO SO, FREDERICKSBURG PD, HAMILTON CO SO, HAMILTON PD, LAMPASAS CO SO, LAMPASAS PD, LIESTONE CO SO, GROESBECK PD, MEXIA PD, MEXIA ISD PD, LLANO PD, SUNRISE BEACH PD,  BELLMEAD PD, BEVERLY HILLS PD, HEWITT PD, LACY-LAKEVIEW PD, LORENA PD, MCGREGOR PD, ROBINSON PD, WACO PD, WEST PD, WOODWAY PD, MCLENNAN COM COLL PD, RIESEL PD, TSTC WACO PD, BAYLOR UNIV PD, SAN SABA PD, FLORENCE PD, GEORGETOWN PD, GRANGER PD, HUTTO PD, ROUND ROCK PD, TAYLOR PD, SOUTHWESTERN UNIV PD, CEDAR PARK PD, LEANDER PD, THRALL PD, JARRELL PD for the FY2023 Motor Vehicle Crime Prevention Authority (MVCPA) Grant Program for the Heart of Texas Auto Theft Task Force  for September 1,2022 – August 31,2023
i. AFA Agreement with TXDOT for deceleration lanes at CR 401/Hwy 71 intersection.
j. Approve work order for KC Engineering for survey work on Wirtz Bridge project.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the contracts listed from item a - j.

Vote: 5 - 0 Passed - Unanimously

 
Item #24:
Call for Bids
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings:
a. Action regarding going out for RFP for renovations to the Joppa Bridge.
b. Action regarding the award of the bid for Food Services at Burnet County Jail.

Judge Oakley informed the court that renovations to the bridge are for pedestrians. Karin Smith, County Auditor, recommended awarding the bid to Airmark as they are experienced and currently provide the county's commissary. 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve action regarding going out for RFP for renovations to the Joppa Bridge and action regarding the award of the bid for Food Services at Burnet County Jail.

Vote: 5 - 0 Passed - Unanimously

 
Item #25:
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

Attachments:
 
Item #26:
Previous Agenda Items
The court had no previous agenda items to discuss.
 
Item #27:
Calendar Review
The court discussed calendar review.
 
Item #28 :
Adjournment
As there was no further business, Judge Oakley adjourned the meeting at 9:40 a.m.
 
Signature