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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 24th day of  January 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; Karin Smith, County Auditor
Attendees:
Brittney Smith, Deputy Clerk
 
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, January 24, 2023 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 reappointing Roy Hallmark to the ESD 7 Board (Beierle)
 
5. Discussion and/or action regarding current overtime status to the budgets of County Departments (Oakley/Smith)
 
6. Discussion and/or action regarding concerning a replat of lots 331-A and 333, Whitewater Springs, Sec. 3, to be known as lots 331-C and 333-A, Whitewater Springs, Sec. 3 (Wall)
 
7. Discussion and/or action regarding the release of Subdivision Completion Bond #4406434 for Shin Oak Bend Subdivision and the acceptance of Subdivision Maintenance Bond #4406759 to be in effect for a period of 2 years from this date (Beierle)
 
8. Discussion and/or action regarding a burn ban for the unincorporated areas of Burnet County (Oakley)
 
9. Discussion and/or action concerning an agreement with Marble Falls ISD to provide a resource officer for Spicewood Elementary (Oakley/Smith)
 
10. Discussion and/or action for the approval to apply and sign the resolution for the Rifle Resistant Body Armor project to be funded by FY24 Rifle Resistant Body Armor Grant from the Office of the Governor, Public Safety Office, Criminal Justice Division (Oakley/Smith)
 
11. Discussion and/or action for the approval to apply and sign the resolution for the Women’s Victim Advocate through the FY24 Violence Against Women Justice and Training Program from the Office of the Governor, Public Safety Office, Criminal Justice Division (Oakley/Smith)
 
12. Discussion and/or action for the approval to apply and sign the resolution for the License Plate Readers project to be funded by DJ-Edward Byrne Memorial Justice Assistance Grant program from the Office of the Governor, Public Safety Office, Criminal Justice Division (Oakley/Smith)
 
13. Discussion and/or action for the approval to apply and sign the resolution for the Sheriff’s Office Security Camera project to be funded by FY23 State Homeland Security Program – LEPTA Projects Fund from the Office of the Governor, Public Safety Office, Homeland Security Division (Oakley/Smith)
 
14. Discussion and/or action for the approval to apply and sign the resolution for the Region Radio Authentication project to be funded by FY23 State Homeland Security Program – Regular Projects Fund from the Office of the Governor, Public Safety Office, Homeland Security Division (Oakley/Smith)
 
15. Discussion and/or action for the approval to apply and sign the resolution for the Region Radio Authentication project to be funded by FY23 State Homeland Security Program – Competitive National Priority Area Projects Fund from the Office of the Governor, Public Safety Office, Homeland Security Division (Oakley/Smith)
 
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).   
a. Real Estate Matters
           
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.
a. Real Estate Matters 

19. Discussion and/or action regarding Department Updates: (Oakley)
 a. Tourism Update
                       
20. Acknowledgement of Receipt:  
a. LaCare letter of appreciation
b. ESD 6 Audit
           
 
21.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Contract agreement with Vyve Business Services for the Public Defender building
b. Contract with Aramark for Jail Inmate Food Services
c. Independent Contractor Agreement for VETRIDE – M. Gerrety
d. Contract labor Agreement with Stripe it Up
e. Bluebonnet Airshow Sponsorship – Tourism funds
f. Bluebonnet Festival Sponsorship – Tourism funds
g. Spyglass Overview Contract
 
22. Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings (Oakley)
a. Go out for bid for the County Depository
           
           
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:
  1. Consideration and approval of any pending personnel issues within the policy.
  2. Consideration and approval concerning budget amendments.
  3. Consideration and approval concerning budget line item transfers.
  4. Consideration and authorization of payment of claims previously approved by the County Auditor.
  5. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
  6. Consideration and approval regarding Departmental equipment requests and/or property transfers.
  7. 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 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:
Reappointment ESD No.7
Roy Hallmark
The court discussed reappointing Roy Hallmark to the ESD No. 7 Board.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve reappointing Roy Hallmark to the ESD No. 7 Board.

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Subdivision Completion Bond #4406434
Shin Oak Bend Subdivision
Maintenance Bond #4406759
The court discussed the release of Subdivision Completion Bond #4406434 for Shin Oak Bend Subdivision and the acceptance of Subdivision Maintenance Bond #4406759 to be in effect for a period of 2 years from this date. Herb Darling, Development Services, informed the court that the contractor had completed everything that was asked by the commissioner.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Subdivision Completion Bond #4406434 for Shin Oak Bend Subdivision and the acceptance of Subdivision Maintenance Bond #4406759 to be in effect for a period of 2 years from this date.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Burn Ban
The court discussed a burn ban for the unincorporated areas of Burnet County. Judge Oakley spoke about the weather conditions. 
 

The court took no action on this agenda item.

 
Item #9:
Agreement with Marble Falls ISD
Resource Officer for Spicewood Elementary
The court discussed an agreement with Marble Falls ISD to provide a resource officer for Spicewood Elementary. Karin Smith, County Auditor, informed the court that she had received a draft of an agreement that was being reviewed and had financial questions. Alan Trevino, Chief Deputy Sheriff, spoke to the court informing that he had spoken with the superintendent and asked if the county would reduce the split from 80/20 to 75/25 split to pay the resource officer. Mr. Trevino explained other agencies' pay and their process. Calvin Boyd, County Sheriff, informed the court that he believed the county would be responsible for the officer by state statute. Commissioner Dockery informed the court that he wanted to have conversations with everyone involved and wanted an officer for the elementary.
 

The court took no action on this agenda item.

 
Item #10:
FY24 Rifle Resistant Body Armor
The court discussed to apply and sign the resolution for the Rifle Resistant Body Armor project to be funded by FY24 Rifle Resistant Body Armor Grant from the Office of the Governor, Public Safety Office, Criminal Justice Division. Karin Smith, County Auditor, informed the court there's no match for this grant.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve applying and sign the resolution for the Rifle Resistant Body Armor project to be funded by FY24 Rifle Resistant Body Armor Grant from the Office of the Governor, Public Safety Office, Criminal Justice Division

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
FY24 Violence Against Women Justice and Training Program
The court discussed approval to apply and sign the resolution for the Women’s Victim Advocate through the FY24 Violence Against Women Justice and Training Program from the Office of the Governor, Public Safety Office, Criminal Justice Division. Karin Smith, County Auditor, informed the court that the county has a crimes victims coordinator and she was funded for a grant but that Crimes Victims Grant will no longer be there. Ms. Smith wanted to apply for this grant and change the position of the current employee and that employee will be covered through the end of this fiscal year. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve applying and sign the resolution for the Women’s Victim Advocate through the FY24 Violence Against Women Justice and Training Program from the Office of the Governor, Public Safety Office, Criminal Justice Division

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
DJ-Edward Byrne Memorial Justice Assistance
The court discussed approval to apply and sign the resolution for the License Plate Readers project to be funded by DJ-Edward Byrne Memorial Justice Assistance Grant program from the Office of the Governor, Public Safety Office, Criminal Justice Division. Karin Smith, County Auditor, informed the court that there's no match and the county would not have to pay the maintenance for the first year, but there will be additional years of maintenance that will need to be paid and discussed at a later time.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve applying and sign the resolution for the License Plate Readers project to be funded by DJ-Edward Byrne Memorial Justice Assistance Grant program from the Office of the Governor, Public Safety Office, Criminal Justice Division

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Replat
Whitewater Springs, Sec. 3
The court discussed a replat of lots 331-A and 333, Whitewater Springs, Sec. 3, to be known as lots 331-C and 333-A, Whitewater Springs, Sec. 3
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of lots 331-A and 333, Whitewater Springs, Sec. 3, to be known as lots 331-C and 333-A, Whitewater Springs, Sec. 3

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
FY23 State Homeland Security Program
The court discussed to apply and sign the resolution for the Sheriff’s Office Security Camera project to be funded by FY23 State Homeland Security Program – LEPTA Projects Fund from the Office of the Governor, Public Safety Office, Homeland Security Division. Karin Smith, County Auditor, informed the court that the security cameras would be on the exterior of the Sheriff's office and there's no match.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to apply and sign the resolution for the Sheriff’s Office Security Camera project to be funded by FY23 State Homeland Security Program – LEPTA Projects Fund from the Office of the Governor, Public Safety Office, Homeland Security Division.

Vote: 5 - 0 Passed - Unanimously

 
Item #14:
Region Radio Authentication Project
The court discussed to apply and sign the resolution for the Region Radio Authentication project to be funded by FY23 State Homeland Security Program – Regular Projects Fund from the Office of the Governor, Public Safety Office, Homeland Security Division. Karin Smith, County Auditor, informed the court that this would be for the western tower to allow dual authentication and there's no match.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to apply and sign the resolution for the Region Radio Authentication project to be funded by FY23 State Homeland Security Program – Regular Projects Fund from the Office of the Governor, Public Safety Office, Homeland Security Division.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Region Radio Authentication Project
The court discussed to apply and sign the resolution for the Region Radio Authentication project to be funded by FY23 State Homeland Security Program – Competitive National Priority Area Projects Fund from the Office of the Governor, Public Safety Office, Homeland Security Division. Karin Smith, County Auditor, informed the court this is for the same thing as item fourteen but for a different location. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to apply and sign the resolution for the Region Radio Authentication project to be funded by FY23 State Homeland Security Program – Competitive National Priority Area Projects Fund from the Office of the Governor, Public Safety Office, Homeland Security Division.

Vote: 5 - 0 Passed - Unanimously

 
Item #19:
Department Updates
The court discussed Department Updates.
a. Tourism Update

Blair Manniing, Tourism, updated the court on the sponsorships she had received for the Bluebonnet Festival and the Bluebonnet Airshow. Ms. Manning informed the court that the county currently has 180 properties as well as other things going on in her department. 
 

The court took no action on this agenda item.

 
Item #20:
Acknowledgement of Receipts
The court acknowledged the receipts.
a. LaCare letter of appreciation
b. ESD No.6 Audit
 
 
Item #21:
Contracts, Agreements,
and Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a. Contract agreement with Vyve Business Services for the Public Defender building
b. Contract with Aramark for Jail Inmate Food Services
c. Independent Contractor Agreement for VETRIDE – M. Gerrety
d. Contract labor Agreement with Stripe it Up
e. Bluebonnet Airshow Sponsorship – Tourism funds
f.  Bluebonnet Festival Sponsorship – Tourism funds
g. Spyglass Overview Contract
h. Agreement with Sada Systems Inc Virtru ordering document.
i. Agreement shared MOPA asphalt ski.
j. Extension of the Delineation Architectural Firm Contract

Karin Smith, County Auditor, added in items h, i, and j. Commissioner Beirle requested to remove item f.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve all items added with the removal of item f.Contract agreement with Vyve Business Services for the Public Defender building, Contract with Aramark for Jail Inmate Food Services, Independent Contractor Agreement for VETRIDE – M. Gerrety, Contract labor Agreement with Stripe it Up, Bluebonnet Airshow Sponsorship – Tourism funds, Spyglass Overview Contract, Agreement with Sada Systems Inc Virtru ordering document, Agreement shared MOPA asphalt ski, Extension of the delediation contract.

Vote: 5 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve Bluebonnet Festival Sponsorship – Tourism funds

Vote: 4 - 0 Passed

Other:
Commissioner Precinct 2 Damon Beierle (Abstain)
 
Item #22:
Call for Bids
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings.
 a. Go out for bid for the County Depository

Karin Smith, County Auditor, informed the court that this has to go out for bid every two years and the treasurer was requesting authorization to do so at this time.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve going out for bid for the County Depository.

Vote: 5 - 0 Passed - Unanimously

 
Item #23:
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 4 Joe Don Dockery to approve the consent agenda in its entirety.

Vote: 5 - 0 Passed - Unanimously

 
Item #24:
Previous Agenda Items
The court discussed previous agenda items.
 
Item #25:
Calendar Review
The court discussed calendar review.
 
Item #5:
Overtime Status
County Departments
The court discussed the current overtime status to the budgets of County Departments. Karin Smith, County Auditor, informed the court of current departments that are over budget. Sheriff's Office overtime is at 9% of the budget remaining, Dispatch is at 22.62% overbudget, Jailers are at 93% over budget. Calvin Boyd, Sheriff, informed the court that the office cannot grow as fast as the county is and his budget has not increased. Mr. Boyd, spoke regarding the jails' overtime and let the court know that the turnover rate is higher and they have been housing up to 190 inmates as to where the number used to be at 140 inmates. Judge Oakley discussed different options and ways with Sheriff Boyd to try to find a solution so this does not continue. Karin Smith, County Auditor, informed the court she was going to look over numbers and bring a report back to the court.
 

The court took no action on this agenda item.

 
Item #16:
Executive Session
The court recessed to go into Executive Session at 9:54 a.m.
 
Item #17:
Executive Session
The court reconvened from Executive Session at 10:30 a.m.
 
Item #18:
Executive Session
The court discussed in Executive Session and take up for Consideration and possible action, pursuant to Chapter 262, Texas Local Government Code.
a. Real Estate Matters 
 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to authorize Judge Oakley to move forward with an appraisal of the subject property, and should the appraisal be favorable for the Judge to move forward with the aquisition.

Vote: 5 - 0 Passed - Unanimously

 
Item #26 :
Adjournment
As there was no further business the court adjourned at 10:30 a.m.