Minutes for Regular Session

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The State of Texas {}
County of Burnet {} On this the 25th day of April 2023, the Burnet County Commissioners Court met in regular session. The following members of the court were present:

Present:: Commissioner Precinct 1 Jim Luther, Jr.; Commissioner Precinct 2 Damon Beierle; Commissioner Precinct 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Absent:: County Judge James Oakley
Attendees:: Stephanie McCormick, Comm. Court Coordinator; Vicinta Stafford, County Clerk; Karin Smith, County Auditor

An agenda packet containing detailed information on the items listed below is distributed to the County Judge, Commissioners, and County Clerk the Friday preceding the meeting. The agenda packet is also posted on the county website at www.burnetcountytexas.org, under Public Meetings. A hard copy of the agenda packet is available in the County Clerk's office. Our Mission Statement: The mission of Burnet County is to maintain overall efficient and effective management of county resources while providing the services mandated by state and federal law and desired by the citizens of Burnet County.

REGULAR MEETING DATE: Tuesday April 25, 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. Presentation of a Proclamation acknowledging May as CAPCOG Wildfire Awareness Month (Dockery)

5. Presentation and discussion from Gary Grumoli, Executive Director with YMCA of Central Texas about the YMCA and the programs it offers (Beierle)

6. Discussion and/or action regarding acceptance of a donation from Ida Darlene Ellison for the animal shelter in the amount of $15,000 (Dockery/Crownover)

7. Discussion and/or action regarding a donation from Vulcan Materials for two tires for the Emergency Command Trailer Tow Vehicle (Dockery)

8. Discussion and/or action on regarding waiver of property tax penalties and interest for Property ID 18961, Highland Haven, Lot 32- and .12-acre sec. 1(Dockery)

9. Discussion and/or action regarding the approval to accept donations of furniture and decorations from Project Beloved to the Sheriff’s office to set up a soft interview room (Dockery/Trevino)

10. Discussion and/or action regarding the request for out of state travel for Derek Marchio. FEMA Planning Integration & Contemporary Issues Course (Dockery/Marchio)

11. Discussion and/or action regarding a request for variance from the Burnet County Subdivision regulations by Don Doyle for a 5.29 acre tract out of a 338 acre tract, identified as BCAD parcel #53774, located at CR 401S and SH 71 (Dokcery)

12. Discussion and/or action concerning the final plat for Kingsland Family Dollar Subdivision, a private subdivision consisting of 1 lot on 1.94 acres located in the 14000 block of West FM 1431 (Luther)

13. 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. Discussion regarding the potential purchase of property by County for County use purposes

14. Reconvene in Open Session.

15. 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. Potential purchase of property by County for County use purposes

16. Discussion and/or action regarding Department Updates:
a. Tourism Update – Eclipse information

17. Acknowledgement of Receipt:
a. Notice of Receipt of Administratively Complete Application and Intent to Obtain Permit from Collier Materials

18. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Agreement with Kologik for a law enforcement software license for Constable 3
b. Ratify Commissioner Dockery’s signature of contract for the grant for $53,900 with the Texas Local Emergency Planning Committee Grant program to assist LEPC’s in establishing, maintaining, and/or improving their implementation of Emergency Planning and Community Right to Know Act. There is no match required. This grant is to purchase a mobile generator and EOC website development
c. Contract with Johnson Control – North Annex Holding Cell Fire System Upgrade
d. Contract with BTX Coffee at the library
e. Lakefest – Tourism sponsorship for $1000
f. Approval to purchase gmail licenses for the libraries
g. Contract labor agreement with Brothers Concrete for the construction of concrete footers for the gate on the Sheriff’s office fence

19. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings

20. 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.

21. Discussion regarding any previous agenda items.

22. Calendar Review.

23. FY 24 Budget Workshop: The members of the Commissioners Court will meet to discuss and/or take action in the preparation of the FY 24 Burnet County Budget, including but not limited to, addressing all Burnet County government department budgets and/or requests, county policy, county procedures, county goals & philosophies, budget timelines, plus compensation benefits and/or priorities (Dockery/Smith)
a. Ag Extension
b. District Clerk
c. County Clerk
d. Constable #1
e. Constable #3
f. Constable #4
g. Sheriff

24. Adjournment.

Joe Don Dockery, Comm. Pct. 4

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

Commissioner Dockery called the meeting to order at 9:01 a.m.

Item #2:
Invocation and Pledge of Allegiance to the Flags

Commissioner Wall led the court in Invocation and Pledge of Allegiance to the Flags.

Item #3:
Public Comments

Commissioner Dockery opened public comments. Danny Marlow spoke informing the court that the county roads are terrible and have become dangerous to drive on. Mr. Marlow requested help with this issue and informed the court that all of the roads are in Precinct 3. Commissioner Dockery advised that this concern would not be able to be addressed during public comments. Kara Chasteen thanked the court for their service. Ms. Chasteen expressed her concern for the lack of EMS availability in the north-eastern portion of the county. Ms. Chasteen is also concerned about the lack of sufficient law enforcement and thanked the court for hearing her concerns.

Item #9:
Donations for the Sheriff's Office

The court discussed accepting donations of furniture and decorations from Project Beloved to the Sheriff’s office to set up a soft interview room. Debbie King, Crime Victim Laison, informed the court that the goal is to make sure that there is a room for the victims that have been through trauma. Ms. King wanted to make this a more comfortable environment and not put the victim through secondary trauma. Ms. King advised the court that she had personally equipped the room herself when she first started. Ms. King informed the court that the room at the sheriff's office had been decorated and encouraged the commissioners to come and see it once it is completely finished.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve accepting donations of furniture and decorations from Project Beloved to the Sheriff’s office to set up a soft interview room

Vote: 4 - 0 Passed - Unanimously

Item #12:
Final Plat
Kingsland Family Dollar Subdivision

The court discussed the final plat for Kingsland Family Dollar Subdivision, a private subdivision consisting of 1 lot on 1.94 acres located in the 14000 block of West FM 1431. Herb Darling, Development Services, presented the final plat and informed the court that everything was in line for TX-DOT.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat for Kingsland Family Dollar Subdivision, a private subdivision consisting of 1 lot on 1.94 acres located in the 14000 block of West FM 1431.

Vote: 4 - 0 Passed - Unanimously

Item #5:
Presentation
YMCA Programs

The court heard a presentation from Gary Grumoli, Executive Director of YMCA of Central Texas, about YMCA and the programs it offers. Gary Grumoli, YMCA Executive Director, thanked the support from Burnet County. Mr. Grumoli updated the court on the different programs and summer camps that will begin soon, as well as the different events that have been hosted at the facility.

Item #11:
Request for Variance
Don Doyle, BCAD Parcel #53774

The court discussed a request for variance from the Burnet County Subdivision regulations by Don Doyle for a 5.29 acre tract out of a 338 acre tract, identified as BCAD parcel #53774, located at CR 401S and SH 71. Don Doyle, informed the court that it is his intention to keep the rest of his property undeveloped.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve a request for variance from the Burnet County Subdivision regulations by Don Doyle for a 5.29 acre tract out of a 338 acre tract, identified as BCAD parcel #53774, located at CR 401S and SH 71.

Vote: 4 - 0 Passed - Unanimously

Item #4:
Presentation & Proclomation
CAPCOG Wildfire Awareness

The court heard a presentation and proclamation acknowledging May as CAPCOG Wildfire Awareness Month. Commissioner Dockery read the proclamation to the court.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the proclamation acknowledging May as CAPCOG Wildfire Awareness Month.

Vote: 4 - 0 Passed - Unanimously

Attachments:

Proclamation acknowledging May as CAPCOG Wildfire Awareness

Item #6:
Donation for Animal Shelter
from Ida Darlene Ellison

The court discussed acceptance of a donation from Ida Darlene Ellison for the animal shelter in the amount of $15,000.00. Commissioner Dockery informed the court about everything that would be needed for the different parts of the animal shelter.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve acceptance of a donation from Ida Darlene Ellison for the animal shelter in the amount of $15,000.00

Vote: 4 - 0 Passed - Unanimously

Item #7:
Donation from Vulcan Materials
Tires for ECT

The court discussed a donation from Vulcan Materials for two tires for the Emergency Command Trailer Tow Vehicle. Commissioner Dockery informed the court that the tires were replaced last year on the rear and the front tires needed to be replaced.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to accept a donation from Vulcan Materials for two tires for the Emergency Command Trailer Tow Vehicle.

Vote: 4 - 0 Passed - Unanimously

Item #8:
Waiver of Property Tax
Property ID #18961

The court discussed a waiver of property tax penalties and interest for Property ID 18961, Highland Haven, Lot 32- and .12-acre sec. 1. Commissioner Dockery informed the court that he received the request and had spoke with the county attorney. Mr. Dockery informed the court that the owner had been diagnosed with dementia and was late on his taxs. Mr. Dockery informed the court that at this time there is nothing in the statute that would allow the waiver but has requested County Attorney, Eddie Arredando, to do some more investigation on this item.

The court took no action on this agenda item.

Attachments:

waiver of property tax penalties and interest for Property ID 18961, Highland Haven, Lot 32- and .12-acre sec. 1

Item #10:
Request for Derek Marchio
Out of State Travel

The court discussed the request for out of state travel for Derek Marchio. FEMA Planning Integration & Contemporary Issues Course. Derek Marchio, Emergency Management Coordinator, clarified to the court about the training courses and informed the court that this is the second half of his training. Commissioner Dockery requested the total cost and where the funds will be coming from. Karin Smith, County Auditor, informed the court that the approximate cost will be from $720.00 to $920.00 but the total cost is $125.00 as the county will be reimbursed.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the request for out of state travel for Derek Marchio. FEMA Planning Integration & Contemporary Issues Course.

Vote: 4 - 0 Passed - Unanimously

Attachments:

FEMA Planning Integration & Contemporary Issues Course

Item #13:
Executive Session

The court took no action on this agenda item.

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:
Department Updates

The court discussed Department Updates:
a. Tourism Update – Eclipse information

Blair Manning, Tourism, was not present to present the update.

Sara Ann Luther, Human Resource, informed the court that she received an email regarding a CDL License course that will be put together and held in Llano. Ms. Luther informed the court that the county does not currently have the property to host the training for this course.The program is a grant. Ms. Luther informed the court that the training is currently being held in Llano and is a four-week course with a mid-summer start date. Ms. Luther informed the court that this would be no cost to the applicant. Ms. Luther wanted to consider doing on-site job training as there would be no need for the applicant to have to go to DPS for testing.

The court took no action on this agenda item.

Item #17:
Acknowledgement of Receipts

The court acknowledged the receipt:
a. Notice of Receipt of Administratively Complete Application and Intent to Obtain Permit from Collier Materials

Attachments:

Notice of Receipt of Administratively Complete Application and Intent to Obtain Permit from Collier

Item #18:
Contracts, Agreements,
or Grants

The court discussed contracts, agreements or grants to be approved and/or ratified:
a. Agreement with Kologik for a law enforcement software license for Constable 3.
b. Ratify Commissioner Dockery’s signature of contract for the grant for $53,900 with the Texas Local Emergency Planning Committee Grant program to assist LEPC’s in establishing, maintaining, and/or improving their implementation of Emergency Planning and Community Right to Know Act. There is no match required. This grant is to purchase a mobile generator and EOC website development.
c. Contract with Johnson Control – North Annex Holding Cell Fire System Upgrade.
d. Contract with BTX Coffee at the library.
e. Lakefest – Tourism sponsorship for $1000.
f. Approval to purchase gmail licenses for the libraries.
g. Contract labor agreement with Brothers Concrete for the construction of concrete footers for the gate on the Sheriff’s office fence.

Commissioner Dockery, requested for item d. to be backdated to April 18, 2023 as the sheriff's office provided access prior to the lease being signed.

Karin Smith, County Auditor, informed the court item a. is a 5 year contract the first year is $2,450.00 and the following years are $1,200.00, item c. is $24,698.00, item d. is $951.00 per month, item g. the cost is $6090.00 and that is not including the gate.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve item a-e and item g with the amendment to item d., a. Agreement with Kologik for a law enforcement software license for Constable 3, Ratify Commissioner Dockery’s signature of contract for the grant for $53,900 with the Texas Local Emergency Planning Committee Grant program to assist LEPC’s in establishing, maintaining, and/or improving their implementation of Emergency Planning and Community Right to Know Act. There is no match required. This grant is to purchase a mobile generator and EOC website development, Contract with Johnson Control – North Annex Holding Cell Fire System Upgrade, Contract with BTX Coffee at the library, Lakefest – Tourism sponsorship for $1000, Contract labor agreement with Brothers Concrete for the construction of concrete footers for the gate on the Sheriff’s office fence.

Vote: 4 - 0 Passed - Unanimously

The court took no action on item f. Approval to purchase Gmail licenses for the libraries due to not having an estimate.

Attachments:

Item #19:
Call for Bids

The court discussed call for bids and Bid openings, request for proposals/qualifications and related openings.

Karin Smith, County Auditor, requested to add the RFQ for architectural services for the animal shelter.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve RFQ for architectural services for an animal shelter.

Vote: 4 - 0 Passed - Unanimously

Item #20:
Consent Agenda

The court discussed the Consent Agenda and require no deliberation by the Commissioner’s Court. Any item from this agenda may be considered separately:
a. Consideration and approval of any pending personnel issues within the policy.
b. Consideration and approval concerning budget amendments.
c. Consideration and approval concerning budget line item transfers.
d. Consideration and authorization of payment of claims previously approved by the County Auditor.
e. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor.
f. Consideration and approval regarding Departmental equipment requests and/or property transfers.
g. Correspondence.

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

Vote: 4 - 0 Passed - Unanimously

Attachments:

Item #21:
Previous Agenda Items

The court had no previous agenda items to discuss.

Item #22:
Calendar Review

The court discussed calendar review.

The court recessed at 9:43 a.m.

The court reconvenned at 9:53 a.m.

Item #23:
FY 24 Budget Workshop

FY 24 Budget Workshop: The members of the Commissioners Court will meet to discuss and/or take action in the preparation of the FY 24 Burnet County Budget , including but not limited to, addressing all Burnet County government department budgets and/or requests, county policy, county procedures, county goals & philosophies, budget timelines, plus compensation benefits and/or priorities (Dockery/Smith)
a. Ag Extension
b. District Clerk
c. County Clerk
d. Constable #1
e. Constable #3

Item a. The Ag Extension presented to the court budget requests for the FY 24 Burnet County Budget.

Karin Smith, County Auditor, recommenced the court wait to vote on these items until the court has the exact cost for each budget and positions that are being requested.

Item b. The District Clerk spoke to the court about budget requests for the FY 24 Burnet County Budget.

item c. The County Clerk presented to the court budget requests for the FY 24 Burnet County Budget.

Item d. Constable #1 presented to the court budget requests for the FY 24 Burnet County Budget.

Added: Constable #2 spoke to the court about items that Constable #1 presented and informed the court that he would be willing to share a deputy and other items he was needing.

Item e. Constable #3 presented to the court budget requests for the FY 24 Burnet County Budget.

Item #18:
Reopened Contracts, Agreements,
or Grants

The court discussed contracts, agreements or grants to be approved and/or ratified: this item had a motion and a 2nd with votes to approve prior in this meeting.
a. Agreement with Kologik for a law enforcement software license for Constable 3.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to rescind the motion that was made for item a. Agreement with Kologik for a law enforcement software license for Constable 3.

Vote: 4 - 0 Passed - Unanimously

Item #23:
FY 24 Budget Workshop

Commissioner Dockery informed the court that they were back in FY 24 Budget Workshop: The members of the Commissioners Court will meet to discuss and/or take action in the preparation of the FY 24 Burnet County Budget , including but not limited to, addressing all Burnet County government department budgets and/or requests, county policy, county procedures, county goals & philosophies, budget timelines, plus compensation benefits and/or priorities (Dockery/Smith)

Item f. Constable #4, spoke to the court about budget requests for the FY 24 Burnet County Budget.

The court recessed at 11:01 a.m.

The court reconvened at 11:04 a.m.

Item #23:
FY 24 Budget Workshop

The court took no action on this agenda item.

Attachments:

The court went back into regular session at 11:30 a.m.

Item #24 :
Adjournment

As there was no further business Commissioner Dockery adjourned the meeting at 11:30 a.m.