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 February 14, 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 concerning the appointment of Nathan Kight, as the Chief Regional Public Defender (Oakley)
 
5. Discussion and/or action regarding the Broadband grant and/or map challenges (Dockery)
 
6. Discussion and/or action regarding the Annual Review/adoption of Burnet County Investment Policy (Oakley/Crownover)
 
7. Discussion and/or action regarding the Review/Update Sections 2.06 (Working Hours) and 2.07 (Overtime Work) of the Burnet County Personnel Policy clarifying that all compensable work must be completed in a regularly scheduled work period (Oakley/S. Luther)
 
8. Discussion and/or action regarding the Review/Update to Section 3.07 (Overtime Compensation) of the Burnet County Personnel Policy to allow for compensatory time in lieu of paid overtime as compensation for hours worked in excess of a regularly scheduled work period (Oakley/S. Luther)
 
9. Presentation from Caroline Ragsdill with an update on the Burnet Welfare Board (Oakley)
 
10. Discussion and/or action concerning the preliminary plat approval for Thomas Ranch Hilltop, Phase 1 subdivision, a public/private subdivision consisting of 54 lots totaling 27.46 acres, located at 11710 CR 404 (Dockery) 
 
11. Discussion and/or action concerning a replat of lots 69-74, 108-110, 114-118 and the remainder of lot 68, Swiss Village to be known as lots 68A, 109A, 114A and 116A, Swiss Village, a combination of 15 lots into 4 lots (Luther)
 
12. Discussion and/or action concerning a replat of lot 2, The Hill at Windermere, Section 1 and lot 3-B, The Hill at Windermere, Section 2 and a portion of the Common Area being 0.005 acres south of said lot 2, to be known as lot 3-C, The Hill at Windermere, Section 2, a combination of 2 lots and a portion of the Common Area into 1 lot (Dockery)
 
13. Discussion and/or action regarding approval for survey work, fencing, and any other steps necessary for the realignment of CR 409A. Property owner is donating the right-of-way (Dockery)
 
14. Discussion and/or action regarding authorization to take any actions (survey, fencing, etc.) required to complete a right-of-way acquisition in the “400” block of CR 404.  Right-of-way is being donated (Dockery)
 
15. Public Hearing, followed by discussion and/or action regarding creating a 3-way stop at the CR 410/Lakeside Beach Subdivision Intersection (Dockery)
 
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)
a. Treasurer’s Report – December 2022
b. Acceptance of Treasurer’s Quarterly Investment Report – 1^st QTR FY22-23 (Oct -Dec 2022)
           
                       
20.  Acknowledgement of Receipt:  
a. 2021 Audit Report from Burnet Central Appraisal District
b. MIS Summary
c. Election Integrity letter from Clair Nybro
           
 
21. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Approval of work authorization #2 with KC Engineering for the development of Plans Specifications and Estimates (PS&E) for Wirtz Dam Road
           
 
22. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. RFP for Transport for Services that was opened 1/31/23
b. Request to go out for bids for paving oil
           
 
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.
 

Judge Oakley called the meeting to order at 9:00 a.m.

Commissioner Dockery led the court in Invocation and Pledge of Allegiance to the flags.

Public comments. Glen Labhart addressed the court informing them there was a fatality in front of his neighborhood, Eagles Nest. Mr. Labhart requested assistance for his subdivision from Commissioners Court to consider reviewing the matters from the fatality and to work with Texas Department of Public Safety to create a safety plan to help this from happening further. Mr. Labhart requested this to be addressed in next month's Commissioners Court to address the issues with the speed limit. There were no other comments from the public.

The court discussed the appointment of Nathan Kight, as the Chief Regional Public Defender. Judge Oakley spoke saying Mr. Kight's talents and support were unwavering and the county was lucky to have him. Nathan Kight spoke to the court saying his family was honored and he was grateful for his team supporting him.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to appoint Nathan Kight as the Chief Regional Public Defender

Vote: 5 - 0 Passed - Unanimously

The court discussed the Broadband grant and/or map. Commissioner Dockery thanked Herb Krasner for being the architect and finding his way through this process. Herb Krasner informed the court that the process started last year trying to figure out the process to have better internet coverage for Burnet County. Mr. Krasner informed the court that his goal is to provide every Burnet County citizen with internet access up to 100 megabites of download and 20 megabites of upload speed. Mr. Krasner presented a slide show of the five-year plan with the digital highway for the county. Mr. Krasner informed the court that as of March 1, 2023 he should know if the county will receive the grant to fund the infrastructure for this project. Judge Oakley spoke saying the county needed to consider challenging the state for the Spider Mountain area. 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve Commissioner Dockery, Commissioner Luther, Jackie Haines, and Herb Krasner to challenge based on his findings the area indicated.

Vote: 5 - 0 Passed - Unanimously

The court heard a presentation from Caroline Ragsdill with an update on the Burnet Welfare Board. Ms. Ragsdill spoke to the court informing that the CPS caseworkers were stressed and have a high turnover rate. Ms. Rasdill stated in March of 2022 they opened the Children Without Placement house in Marble Falls and the board supplied it with furniture. Ms. Ragsdill informed the court of everything the board helped with throughout the county in 2022. Ms. Ragsdill spoke saying the board is very grateful for all of the donations that the community gives. Judge Oakley thanked Mr. Ragsdill for all that she does.

The court discussed the Annual Review/adoption of Burnet County Investment Policy. Karrie Crownover, Treasurer, informed the court that this is the annual review of the policy that the county is required to have and no changes to the policy were made from last years.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the Annual Review/adoption of Burnet County Investment Policy.

Vote: 5 - 0 Passed - Unanimously

The court discussed Department Updates:
a. Treasurer’s Report – December 2022
b. Acceptance of Treasurer’s Quarterly Investment Report – 1^st QTR FY22-23 (Oct -Dec 2022)

Karrie Crownover, Treasurer, read the report from December 2022 and the Quarterly Investment Report for the FY22-23 quarter.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept Treasurer’s Report – December 2022, Quarterly Investment Report – 1^st QTR FY22-23 (Oct -Dec 2022).

Vote: 5 - 0 Passed - Unanimously

The court held a Public Hearing. Commissioner Dockery spoke about the intersection informing the court that there have been several houses built. Mr. Dockery informed the court that there has been a privacy fence put up around the house that is at the corner that impedes the view. Mr. Dockery stated this is also a bus stop location, and with the growth, it has become a public safety issue. Judge Oakley spoke regarding the fence and how this should not be allowed if it impedes the view per deed restrictions. Karen Bruett, Lakeside Beach POA, spoke informing the court that they do not want an accident to happen. Ms. Bruett, spoke saying it is unfortunate that their restrictions were written in the 1960's and cannot be changed. Ms. Bruett informed the court that in 2021 on CR 410 there were 3 collisions and in 2022 there were 14 to show the increase of the population. Jimmie Lucky, President of the Lakeside Beach Association, informed the court that the first house in the subdivision when pulling in is his house. Mr. Lucky stated that he has four children and for the last 8 years he has gone out to be the cross guard for the children at the bus stop. Mr. Lucky stated that he has had to jump out in front of cars to make them aware that children are walking across the road and people are constantly fly past the bus even with flashing lights on. Mark McDonald spoke to the court asking if the bus stop could be moved into one of the subdivisions instead of stopping on CR 410. Patty Roberts spoke to the court saying they have lived in that area since the 1980's and many changes have happened over the years. Ms. Roberts stated that coming from the north or the south is around a curve and people speed up through that area instead of slowing down and would like to see something put in place. Chief Lark Camacho, Burnet County Esd No.9 and resident of Spicewood beach thanked the court for looking into this issue and as an Emergency Responder, he foresees this area being an issue. Judge Oakley asked the County Attorney if there was a way to condemn the fence that has caused an issue to the area as it is a public saftey. Judge Oakley stated that out of respect to everyone he wants to be careful and wants to be very transparent to everyone involved. Ms.Bruett, stated there needs to be some solution to slow down people in highly populated areas. Judge Oakley, spoke saying maybe the county can use a censored light. Judge Oakley closed the public hearing.

The court discussed creating a 3-way stop at the CR 410/Lakeside Beach Subdivision Intersection. Commissioner Dockery spoke saying that from the testimony and in light of the growing area that a new traffic control device should not be a surprise to anyone.

Commissioner Wall spoke informing the court that he doesn't know the area well but he believes flashing signs before both corners would do more good than a 3-way-stop.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve creating a 3-way-stop at the intersection of CR410/Lakeside Beach.

Vote: 3 - 2 Passed

Nay:

County Judge James Oakley
Commissioner Precinct 3 Billy Wall

The court discussed the preliminary plat approval for Thomas Ranch Hilltop, Phase 1 subdivision, a public/private subdivision consisting of 54 lots totaling 27.46 acres, located at 11710 CR 404. Herb Darling, Development Services, spoke saying that himself and Commissioner Dockery have visited the site. Mr. Darling informed the court that not all of the lots will be in Burnet county as the majority of this development is in Travis County. Commissioner Dockery spoke about having a possible secondary intersection that would have a turn lane as this subdivision develops. 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the preliminary plat approval for Thomas Ranch Hilltop, Phase 1 subdivision, a public/private subdivision consisting of 54 lots totaling 27.46 acres, located at 11710 CR 404.

Vote: 5 - 0 Passed - Unanimously

The court discussed a replat of lots 69-74, 108-110, 114-118 and the remainder of lot 68, Swiss Village to be known as lots 68A, 109A, 114A and 116A, Swiss Village, a combination of 15 lots into 4 lots.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a replat of lots 69-74, 108-110, 114-118 and the remainder of lot 68, Swiss Village to be known as lots 68A, 109A, 114A and 116A, Swiss Village, a combination of 15 lots into 4 lots

Vote: 5 - 0 Passed - Unanimously

The court discussed a replat of lot 2, The Hill at Windermere, Section 1 and lot 3-B, The Hill at Windermere, Section 2 and a portion of the Common Area being 0.005 acres south of said lot 2, to be known as lot 3-C, The Hill at Windermere, Section 2, a combination of 2 lots and a portion of the Common Area into 1 lot. Herb Darling, Development Services, spoke saying this is a combination and himself and Commissioner Dockery have reviewed it and are good with it and it has the sign off from the POA.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of lot 2, The Hill at Windermere, Section 1 and lot 3-B, The Hill at Windermere, Section 2 and a portion of the Common Area being 0.005 acres south of said lot 2, to be known as lot 3-C, The Hill at Windermere, Section 2, a combination of 2 lots and a portion of the Common Area into 1 lot.

Vote: 5 - 0 Passed - Unanimously

The court discussed authorization to take any actions (survey, fencing, etc.) required to complete a right-of-way acquisition in the “400” block of CR 404.  Right-of-way is being donated.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve authorization to take any actions (survey, fencing, etc.) required to complete a right-of-way acquisition in the “400” block of CR 404. Right-of-way is being donated

Vote: 5 - 0 Passed - Unanimously

The court discussed approval for survey work, fencing, and any other steps necessary for the realignment of CR 409A. Property owner is donating the right-of-way. Commissioner Dockery informed the court that the property owner is donating the property. Mr. Dockery spoke saying this is a class 3 road and is a dirt road that comes at a very acute angle to HWY 71. This new alignment will make it perpendicular to the highway which will make it more safe. Judge Oakley wanted to clarify that this is not coming out of the tax payers dollar. Commissioner Dockery informed the court that the only funds the county would pay would be for the survey so the county can use a donation deed. 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve for survey work, fencing, and any other steps necessary for the realignment of CR 409A. Property owner is donating the right-of-way

Vote: 5 - 0 Passed - Unanimously

The court took no action on this agenda item.

The court took no action on this agenda item.

The court took no action on this agenda item.

The court discussed department updates. Herb Darling, Development Services, informed the court that he has a new employee in his office. Mr. Darling stated that on the development end of his office he has seen it pick-up in the past few weeks and the county is experiencing growing pains. 

The court took no action on this agenda item.

The court acknowledged the receipts:        
a. 2021 Audit Report from Burnet Central Appraisal District
b. MIS Summary
c. Election Integrity letter from Clair Nybro

The court discussed contracts, agreements or grants to be approved and/or ratified:
a. Approval of work authorization #2 with KC Engineering for the development of Plans Specifications and Estimates (PS&E) for Wirtz Dam Road.

Judge Oakley, informed the court that item a. was the next step in completing this process.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve work authorization #2 with KC Engineering for the development of Plans Specifications and Estimates (PS&E) for Wirtz Dam Road.

Vote: 5 - 0 Passed - Unanimously

The court discussed for Bids and Bid openings, request for proposals/qualifications and related openings.
a. RFP for Transport for Services that was opened 1/31/23.
b. Request to go out for bids for paving oil.

Judge Oakley spoke on item a. stating this was previously discussed and the court went out for bids but he has not seen the results. Karin Smith, County Auditor, informed the court the county has received two bids one from Jenkins Funeral Home in the amount of $650.00 per transport and one from Clements Wilcox in the amount of $875.00 per transport. Judge Oakley asked Ms. Smith if she had a recommendation as to who to award the bid to. Ms. Smith recommended awarding Jenkins Funeral Home as primary and Clements Wilcox as secondary.

 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve awarding the bid to Jenkins Funeral Home as primary and Clements Wilcox Funeral Home as a secondary.

Vote: 5 - 0 Passed - Unanimously

Judge Oakley went to item b. for the paving oil bid.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve request to go out for bids for paving oil.

Vote: 5 - 0 Passed - Unanimously

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.

Judge Oakley asked Commissioner Dockery if he was sending a 2008 quarter ton truck to auction. Commissioner Dockery stated he would have to check the mileage on the truck but it did meet all the mileage requirements for the county. Judge Oakley requested to hold on the line item transfer for the 2008 truck from Precinct 4.

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 excluding the line item transfer for the 2008 truck from Precinct 4.

Vote: 5 - 0 Passed - Unanimously

Judge Oakley, informed the court that the county was successful in getting through the CAPCOG in the amount of $61,049.00 for recording equipment and technology for dispatch and there will be a balance as the total cost is $134,823.00 to complete this project. Judge Oakley spoke saying the funding received will cover around half of the cost. 

The court discussed the Review/Update Sections 2.06 (Working Hours) and 2.07 (Overtime Work) of the Burnet County Personnel Policy clarifying that all compensable work must be completed in a regularly scheduled work period. Sara Ann Luther, Human Resources, informed the court that she clarified that any work an employee does will be factored into their normal work schedule, and asked for suggestions. Commissioner Dockery asked if an employee had to go outside of their work hours for training, is this policy saying that it wouldn't count? Ms. Luther informed that most training is held within the normal work period. Ms. Luther also spoke that in October there was a policy amended to assist the payroll process since there was times not entered and people intentionally not working a full 40 hours or their department head had not entered it in. Ms. Luther stated that payroll will enter in those hours to your pay period even if it is not entered in. Ms. Luther stated that the telecommunicators are an exception as they work different hours every week. Ms. Luther stated that even though they work different hours they still meet the requirements of 80 hours for a pay period. Ms. Luther stated the only person that this would impact immediately would be the payroll department. Judge Oakley stated this has been reviewed by the county attorney and the county auditor. Ms. Luther stated that if there are any changes it would need to be completed before this is voted on. 

Sara Ann Luther, Human Resources, spoke stating that after conversations that overtime should not exceed budgeted amounts. Karin Smith, County Auditor, stated that it is the law to not exceed the overtime budget. Commissioner Dockery asked if this policy was related to the prior Commissioners Court that was for the exceeded overtime for the Sheriffs Office.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve Sections 2.06 of the Burnet County Personnel Policy clarifying that all compensable work must be completed in a regularly scheduled work period.

Vote: 5 - 0 Passed - Unanimously

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Section 2.07 Overtime.

Vote: 5 - 0 Passed - Unanimously

The court discussed Review/Update to Section 3.07 (Overtime Compensation) of the Burnet County Personnel Policy to allow for compensatory time in lieu of paid overtime as compensation for hours worked in excess of a regularly scheduled work period. Sara Ann Luther, Human Resources, spoke informing the court that state and local governments can use comp time, but not as a private employer. Ms. Luther spoke saying that eventually that time will have to be paid if that employee leaves or retires and the county cannot replace the position until the comp time has been paid out. Ms. Luther recommended that this go into effect April 1, 2023. Karin Smith, County Auditor, recommended this be pushed out to June 1,2023. Alan Trevino, Chief Deputy Sheriff, spoke stating the state's process was you could only bank 11 hours of comp time in a month period. Ms. Luther informed the court that if the employee retires and uses the full 480 hours, then that position may not be filled until the hours are paid to the employee that retires. Judge Oakley said as for now the recommendation is effective June 1, 2023.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Section 3.07 (Overtime Compensation) with the implementation being on or about the beginning of June to coincide with the beginning of a pay period.

Vote: 5 - 0 Passed - Unanimously

The court had no previous items to disucss. 

The court discussed calendar review.

As there was no further business the court adjourned at 11:05 a.m.