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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 28th day of February 2023, 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, County Clerk; Karin Smith, County Auditor; Brittney Smith, Deputy Clerk
 
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 28, 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 waiving penalties and interest imposed as per State Law for late payment of property taxes to taxpayers as the result of unforeseen consequences of Winter Storm “Mara”. This waiver would apply to mailed payments that were postmarked after the January 31st deadline. Due to uncontrollable weather circumstances incurred by the post office, some mailed parcels were not postmarked until later that week. This proposed waiver would provide relief to those mailed payments that have a February 3rd or earlier postmark (Oakley)

5. Discussion and/or action regarding waiving late fees and penalties for Burnet County Parcel #114343 and #44691 due to processing error of an electronic check (Oakley)

6. Presentation from Garrett Peters concerning a possible utility scale battery project (Oakley)

7. Discussion and/or action regarding rescinding Commissioners Court Order on February 14, 2023 calling for the placement of a stop sign along CR 410 in the proximity of the Lakeside Beach Subdivision due to error in providing public notice as required by C. 251.152 Texas Transportation Code. Such action may include the setting of a new public hearing so that appropriate notice via publication in a newspaper may occur and the matter may be reconsidered (Oakley)

8. Discussion and/or action regarding setting the date for the Burnet County HHW (Household Hazardous Waste) event for October 21, 2023 (Dockery)

9. Discussion and/or action regarding setting the date for completion of required cybersecurity training for 2023 (Oakley/S.Luther)

10. Discussion and/or action regarding setting the date for the 2023 Employee Appreciation Banquet (Oakley/S.Luther)

11. Discussion and/or action concerning the approval to apply for Burnet Rotary Contribution for the amount of $1,000 (Oakley/Smith)

12. Discussion and/or action concerning the replat of Lots 13-15, Council Creek South, Unit 1, to be known as Lot 13A, Council Creek South Unit 1, a combination of three lots into one (Luther)

13. Discussion and/or action regarding the preliminary plat approval for Point Lago, a private subdivision consisting of 4 lots on 52.79 acres, located at 2035 CR 410 (Dockery)

14. 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).

15. Reconvene in Open Session.

16. 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.

17. Discussion and/or action regarding Department Updates: (Oakley)
a. Approval of monthly Treasurer’s Report – January 2023

18. Acknowledgement of Receipt:
a. ESD 1 Financials

19. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Agreement for the new Eventide DX recording system for the Sheriff’s office PSAP & the acceptance of the CAECD reimbursement for a portion of the cost
b. Changes to 2 Xerox contracts –
#1. Change of delivery/install address for the Public Defender’s Office to the new building
#2 Change of delivery/install of JP 1’s copier to the Sheriff’s Office – CID location JP 1 to select smaller unit
c. Interlocal agreement and order with the City of Meadowlakes

20. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings (Oakley)
a. Award of the RFP for the lease of the Bertram Library Café/Gift Shop Space

21. 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.

22. Discussion regarding any previous agenda items.

23. Calendar Review.

24. 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:
Waving Penalties & Interest
Taxes Winter Storm

The court discussed waiving penalties and interest imposed as per State Law for late payment of property taxes to taxpayers as the result of unforeseen consequences of Winter Storm “Mara”.  This waiver would apply to mailed payments that were postmarked after the January 31st deadline.  Due to uncontrollable weather circumstances incurred by the post office, some mailed parcels were not postmarked until later that week.  This proposed waiver would provide relief to those mailed payments that have a February 3rd or earlier postmark. Judge Oakley informed the court that the county had multiple requests and situations as a mail carrier vehicle was wrecked. Stan Hemphill, Chief Appraiser, spoke informing the court that 254 county residents were late due to the winter storm and events that happened. Mr. Hemphill informed the court that his office was open on the 31st of January and had to close February 1, 2023. Eddie Arredando, County Attorney, informed the court that the law states if it is out of the tax payers situation they are entitled for a waiver. Mr. Arredando asked if there was a difference between the postmarked date and the delivery date of people walking their payments in. 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to waive penalties and interest for any payments that were postmarked February 7th or earlier and walk-in payments that were February 3rd or earlier.

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Waiving Late Fees & Penalties
Burnet County Parcel #114343 & #44691
The court discussed waiving late fees and penalties for Burnet County Parcel #114343 and #44691 due to processing error of an electronic check. Stan Hemphill, Chief Appraiser, informed the court that the payment was made on the 27th of January as an online payment, then they received notice that their bank rejected the request for the funds even though they were available. Judge Oakley spoke saying that the owners showed good intent and tried to pay.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve waiving late fees and penalties for Burnet County Parcel #114343 and #44691 due to processing error of an electronic check.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Presentation from Garrett Peters
Battery Project
The court heard a presentation from Garrett Peters concerning a possible utility scale battery project. Garrett Peters spoke informing the court that he is a consultant from KE Andrews and was there on behalf of Black Mountain Energy Storage. Sam Peters from Black Mountain Energy Storage was there as well. Mr. Peters went over the presentation of the company as well as how the facility would help the county with assistance during grid congestion. Judge Oakley informed the court that this wasn't an action item and the company is requesting a 10 year tax abatement with the property being 9 acres, which is ag exempt property. Sam Jackson spoke explaining that there has been a large increase in solar wind and it has led to a problem in resiliency. Mr. Jackson said that in the off hours the batteries store the power from the energy that is not being used to help the grid so it does not get congested. Commissioner Dockery asked if this project is going to happen with or without abatement. Mr. Peters spoke informing the court that the best rate of tax abatement are generally the projects that are built first. Mr. Peters also informed the court that their company is not asking for a tax break from the schools. Mr. Peters informed the court of the way other counties in Texas have used pilot taxes which are payment in lieu of taxes and would provide information from other counties to the court. Karin Smith, County Auditor, informed the court that she was familiar with the payment in lieu of taxes. Judge Oakley asked Mr. Peters about the companies fire policy and procedures. Mr. Peters explained the plan that was discussed with the fire chief and the volunteer fire department. Mr. Peters informed the court that after the project is completed there will be no jobs as this is remotely accessed and will be physically checked one to two times a month. Herb Darling, Development Services, asked what type of batteries would be used at this facility. Mr. Jackson informed the court that there would be lithium ion batteries that would be used at the facility and they are currently produced in Korea. Mr. Jackson informed the court that they are working with LCRA and were complying as the project is set to be completed by 2025. 
 
Item #7:
Rescinding Commissioners Court Order
02/14/2023 Stop Sign CR 410
The court discussed rescinding Commissioners Court Order on February 14, 2023 calling for the placement of a stop sign along CR 410 in the proximity of the Lakeside Beach Subdivision due to error in providing public notice as required by C. 251.152 Texas Transportation Code. Such action may include the setting of a new public hearing so that appropriate notice via publication in a newspaper may occur and the matter may be reconsidered. Judge Oakley informed the court that it was a public hearing not a public meeting as a meeting has to have a 72 hour notice and a hearing has another set of requirements. Judge Oakley informed the court that the action needs to be rescinded and added to the agenda for discussion on 03.14.2023.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve rescinding Commissioners Court Order on February 14, 2023 calling for the placement of a stop sign along CR 410 in the proximity of the Lakeside Beach Subdivision due to error in providing public notice as required by C. 251.152 Texas Transportation Code. Such action may include the setting of a new public hearing so that appropriate notice via publication in a newspaper may occur and the matter may be reconsidered.

Vote: 5 - 0 Passed - Unanimously

 
Item #12:
Replat, Lot 13A
Council Creek South, Unit 1
The court discussed a replat of Lots 13-15, Council Creek South, Unit 1, to be known as Lot 13A, Council Creek South Unit 1, a combination of three lots into one.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve replat of Lots 13-15, Council Creek South, Unit 1, to be known as Lot 13A, Council Creek South Unit 1, a combination of three lots into one

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Preliminary Plat
Point Lago
The court discussed the preliminary plat approval for Point Lago, a private subdivision consisting of 4 lots on 52.79 acres, located at 2035 CR 410. Commissioner Dockery informed the court that they have perfected their access and recorded all deeds necessary.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the preliminary plat approval for Point Lago, a private subdivision consisting of 4 lots on 52.79 acres, located at 2035 CR 410.

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Department Updates
The court discussed department updates:
a. Approval of monthly Treasurer’s Report – January 2023

Deanne Fisher, Chief Deputy Treasurer, read to the court the monthly report for January 2023. The beginning cash balance was $44,191,247.58 and the ending cash balance was $52,580,253.25.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to accept the monthly Treasurer’s Report – January 2023.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Burnet County HHW
October 21, 2023
The court discussed setting the date for the Burnet County HHW (Household Hazardous Waste) event for October 21, 2023. Commissioner Dockery informed the court that this would be a full event.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the date for the Burnet County HHW (Household Hazardous Waste) event for October 21, 2023.

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Cybersecurity Training
The court discussed setting the date for completion of required cybersecurity training for 2023. Sara Ann Luther, Human Resources, informed the court that all employees are aware of the training and have been informed. Ms. Luther requested a completion date for county employees for Monday, August 28, 2023 so the county would be in compliance. 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the deadline to be August 28, 2023 at 5:00 p.m. for cybersecurity training to be completed.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
2023 Employee Appreciation Banquet
The court discussed setting the date for the 2023 Employee Appreciation Banquet. Sara Ann Luther, Human Resources, requested that the court set a date for the banquet. Ms. Luther informed the court that she had a few dates reserved with the agrilife extension office and it would be a luncheon instead of an evening event. Ms. Luther requested  Friday, December 15, 2023 for a noontime banquet. Judge Oakley informed the court that there is an agreement for this date and no action will be needed.
 

The court took no action on this agenda item.

 
Item #17:
Department Updates
The court discussed department updates. Judge Oakley, requested an update from the Evergreen Project. Sara Ann Luther, Human Resources, informed the court that the original team that handled this project passed it on to a new team. Ms. Luther spoke saying that the market analysis was completed but the hierarchy was off and they were working on adjusting the numbers. Ms. Luther informed the court that this would be completed before budget discussion was going to begin. 
 

The court took no action on this agenda item.

 
Item #11:
Burnet Rotary Contribution
Apply for $1000.00
The court discussed the approval to apply for Burnet Rotary Contribution for the amount of $1,000. Karin Smith, County Auditor, informed the court that Vet Rides was requesting the funds from the Burnet Rotary Contribution. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve applying for the Burnet Rotary Contribution for the amount of $1,000

Vote: 4 - 0 Passed

Other:
Commissioner Precinct 2 Damon Beierle (Abstain)
 
Item #14:
Executive Session
The court took no action on this agenda item.
 
Item #15:
Executive Session
 

The court took no action on this agenda item.

 
Item #16:
Executive Session
 

The court took no action on this agenda item.

 
Item #18:
Acknowledgement of Receipt
The court acknowledged the receipt:
a. ESD 1 Financials

Karin Smith, County Auditor, requested to correct the agenda item to ESD 1 and ESD 5.
 
Item #17:
Department Updates
The court discussed Department Updates. Judge Oakley informed the court that maintenance had started the renovation and space modification on the Tax Assessor Collectors Office at the Marble Falls Annex and called for the office to be completely closed. Judge Oakley informed the court that this should be completed within two weeks so customers would need to go to the North Annex or use the online system. 
 

The court took no action on this agenda item.

 
Item #19:
Contracts, Agreements,
or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a. Agreement for the new Eventide DX recording system for the Sheriff’s office PSAP & the acceptance of the CAECD reimbursement for a portion of the cost.
b. Changes to 2 Xerox contracts –
#1. Change of delivery/install address for the Public Defender’s Office to the new building.
#2  Change of delivery/install of JP 1’s copier to the Sheriff’s Office – CID location JP 1 to select smaller unit.
c.  Interlocal agreement and order with the City of Meadowlakes.
 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve Agreement for the new Eventide DX recording system for the Sheriff’s office PSAP & the acceptance of the CAECD reimbursement for a portion of the cost, Changes to 2 Xerox contracts – #1. Change of delivery/install address for the Public Defender’s Office to the new building, #2 Change of delivery/install of JP 1’s copier to the Sheriff’s Office – CID location JP 1 to select smaller unit, Interlocal agreement and order with the City of Meadowlakes.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Call for Bids
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings.
a. Award of the RFP for the lease of the Bertram Library Café/Gift Shop Space

Karin Smith, County Auditor, informed the court that bids were opened last week and the county received one bid from Jason Jewitt in the amount of $951.00 a month. Jason Jewitt, informed the court that he would have a coffee shop in that space and try to evolve the space for the library and the community's needs. Judge Oakley informed the court that the current lease would end the last day of March 2023. Judge Oakley informed the court that a new contract would need to be created for the new lease. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the award of the RFP for the lease of the Bertram Library Café/Gift Shop Space.

Vote: 5 - 0 Passed - Unanimously

 
Item #21:
Consent Agenda
The court discussed 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

 
Item #22:
Previous Agenda Items
The court discussed previous agenda items.
 
Item #23:
Calendar Review
The court discussed calendar review.
 
Item #24:
Adjournment
As there was no further business to discuss Judge Oakley adjourned the meeting at 10:05 a.m.