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 June 27, 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 in partnership with The Hill Country 100 Club to recognize that July is First Responder’s Month in Burnet County (Dockery)
 
5.  Presentation of a Proclamation recognizing Christian Gomez for his dedication and hard work towards obtaining his GED (Dockery)
 
6.  Discussion and/or action regarding the approval to ratify the approval to apply and sign the resolution for the Solid Waste Management Equipment and Community Collection Event projects with the Capital Area Council of Governments for the FY 23 Solid Waste grant for a wood chipper.  Total grant amount requested is $25,000.  The total project amount is $34,244.00 (Dockery/Smith)
 
7.  Discussion and/or action regarding approving the allocation of $100,000.00 from Capital Area Housing Finance with Mark Mayfield to local Burnet County non-profit organizations (Dockery)
 
8.  Discussion and/or action on regarding approval of a request list from Burnet Hermann Brown Free Library to the City of Burnet (Dockery/F.Reeves)
 
9.  Discussion and/or action regarding the approval of the monthly Treasurer’s Report for May 2023 (Dockery/Crownover)

10.  Discussion and/or action regarding the consideration and approval of an order by the Commissioners Court of Burnet County, Texas authorizing the issuance of “Burnet County, Texas Tax Notes, Series 2023” Levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the notes; authorizing the execution of any necessary engagement agreement with the County’s financial advisors; and providing an effective date (Dockery/Smith)
 
11.  Discussion and/or action concerning the final plat approval of Thomas Ranch, Sec. 1, a private subdivision consisting of 54 lots out of a 533.6 acre parcel, located at 11710 CR 404 (Dockery)
 
12.  Discussion and/or action concerning the final plat approval of Prairie Acres, a private subdivision consisting of 19 lots on 247.46 acres located at 1338 Williamson CR 222 (Beierle)
 
13.  Discussion and/or action concerning the preliminary plat approval for The Estates at Dominion Ranch, a subdivision consisting of 210 lots on 996.426 acres located in the 6700 block of FM 2657 (Beierle)
 
14.  Discussion and/or action concerning a replat of Lots 52 and 53, The Point, Phase 2, to be known as Lots 52A and 53A, The Point, Phase 2, an adjustment of lot lines (Beierle)
 
15.  Discussion and/or action concerning a replat of lot 41, Mill Creek Ranch, Sec. 1, to be known as lots 41A and 41B, Mill Creek Ranch, Sec. 1, a division of 1 lot into 2 (Luther)
 
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).           

1. Consultation with Burnet County Attorney and/or Attorneys representing Burnet County (Simon Greenstone Panatier) in Opioid Litigation Suit titled as County of Burnet v. Purdue Pharma, Inc., et al., MDL PRETRIAL CAUSE NO. 2018-63587, in the 152^nd District Court of Harris County, Texas (Arredondo)
2. Consultation with County Attorney regarding lawsuit Cody Caskey vs Captain Kebler, et al., Cause A-23-CV-315-RP filed in the United States District Court for the Western District of Texas, Austin Division       

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.

1.  Settlement offer(s) in the matter of Texas opioid multi-district litigation for the County in the matter of County of Burnet v. Purdue Pharma, L.P. et al, MDL PRETRIAL CAUSE NO. 2018-63587, in the 152^nd District Court of Harris County, Texas.  Said action may include authorization to Commissioner Joe Don Dockery to execute necessary documents on behalf of Burnet County (Arredondo)
2. Regarding lawsuit Cody Caskey vs Captain Kebler, et al., Cause A-23-CV-315-RP filed in the United States District Court for the Western District of Texas, Austin Division

19.  Discussion and/or action regarding Department Updates: 
           
20.  Acknowledgement of Receipt:  
            a.  Marble Falls Area EMS Update
 
21.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
            a.  Grant with the Tocker Foundation and the Oakalla Library for additional funding for books and programs for children, teens and adults
            b.  Inter local agreement and order with the City of Marble Falls
             
22.  Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings
            a.  Approval of invitation to bid for work to be performed on CR 116 from Park Rd 4 to RM 3509
 
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.  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)
           
27.  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.
 

Commissioner Dockery called the meeting to order at 9:00 a.m.

In lieu of invocation, Commissioner Dockey offered a moment of silence for the recent passing of Burnet County employee, Terry Kennedy.  Pledge of Allegiance to the Flags was led by Commissioner Dockery.

Commissioner Dockery read the Proclamation recognizing Christian Gomez for his dedication and hard work towards obtaining his GED.  

Claire Nybro addressed the court and provided copies of presentation regarding her concern with voting processes and is requesting Burnet County host a Town Hall meeting.
Cynthia Klentzman addressed the court in agreement with Claire Nybro and her concerns with voting processes..
Patricia Cope addressed the court regarding her concern with voting processes.
 

The court discussed the consideration and approval of an order by the Commissioners Court of Burnet County, Texas authorizing the issuance of  “Burnet County, Texas Tax Notes, Series 2023” Levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the notes; authorizing the execution of any necessary engagement agreement with the County’s financial advisors; and providing an effective date. 

Duane Westerman, Financial Advisor, presented to the court an Order authorizing the issuance of "Burnet County, Texas Tax Notes, Series 2023".  He received 3 bids for the $5 million in tax notes.  The bid was awarded to Presidio Short Term Tax Exempt Fund at a rate of 3.946%.  Mr. Westerman is recommending approval of this bid.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to adopt an order authorizing the issuance of "Burnet County, Texas Tax Notes, Series 2023".

Vote: 4 - 0 Passed - Unanimously

The court heard a Presentation of a Proclamation in partnership with the Hill Country 100 club to recognize that July is First Responder's Month in Burnet County.  Commissioner Luther read the proclamation to the court.

The court discussed the preliminary plat approval for The Estates at Dominion Ranch. 
Herb Darling, Development Services, addressed the court and stated the applicant has met the requirements and  recommended the approval of the preliminary plat. 
Paul Norris, Burnet County resident, addressed the court and spoke about his concerns.
Patricia Cope, Burnet County resident, addressed the court and spoke about possible recourse and how this would be handled.
Alena, Civil Engineer on the project, addressed the court and understands concerns of all the residents.  They will continue to work with all parties to ensure that all actions are taken to practice conservation.
Madelon Highsmith, Burnet County resident, addressed the court and spoke about her concerns.  

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the preliminary plat for The Estates at Dominion Ranch, a subdivision consisting of 210 lots on 996.426 acres located in the 6700 block of FM 2657.

Vote: 4 - 0 Passed - Unanimously

The court discussed the final plat approval for Thomas Ranch, Sec 1.
Joe Rentfro, developer representative, answered questions regarding water and development plans.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the final plat of Thomas Ranch, Sec. 1, a private subdivision consisting of 54 lots out of a 533.6 acre parcel, located at 11710 CR 404.

Vote: 4 - 0 Passed - Unanimously

The court discussed the approval of the Treasurer's Monthly Report for May 2023.
Karrie Crownover, County Treasurer, presented to the court the monthly report.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the Treasurer's Monthly Report for May 2023.

Vote: 4 - 0 Passed - Unanimously

The court discussed the final plat approval of Prairie Acres.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the final plat of Prairie Acres, a private subdivision consisting of 19 lots on 247.46 acres located at 1338 Williamson CR 222.

Vote: 4 - 0 Passed - Unanimously

The court discussed the replat of Lots 52 and 53, The Point, Phase 2, to be known as Lots 52A and 53A, The Point, Phase 2, an adjustment of lot lines.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of Lots 52 and 53, The Point, Phase 2, to be known as Lots 52A and 53A, The Point, Phase 2, an adjustment of lot lines.

Vote: 4 - 0 Passed - Unanimously

The court discussed the replat of lot 41, Mill Creek Ranch, Sec. 1, to be known as lots 41A and 41B, Mill Creek Ranch, Sec. 1, a division of 1 lot into 2.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of lot 41, Mill Creek Ranch, Sec. 1, to be known as lots 41A and 41B, Mill Creek Ranch, Sec. 1, a division of 1 lot into 2.

Vote: 4 - 0 Passed - Unanimously

The court discussed the approval to ratify to apply and sign the resolution for the Solid Waste Management Equipment and Community Collection Event projects with the Capital Area Council of Governments for the FY 23 Solid Waste grant for a wood chipper.  Total grant amount requested is $25,000.  The total project amount is $34,244.00.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve to ratify to apply and sign the resolution for the Solid Waste Management Equipment and Community Collection Event projects with the Capital Area Council of Governments for the FY 23 Solid Waste grant for a wood chipper. Total grant amount requested is $25,000. The total project amount is $34,244.00.

Vote: 4 - 0 Passed - Unanimously

The court discussed the allocation of $100,000.00 from Capital Area Housing Finance with Mark Mayfield to local Burnet County non-profit organizations.
Commissioner Dockery listed all non-profits to receive funding.  The $100,000.00 will be divided equally with $7,142.00 going to each.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the allocation of $100,000.00 from Capital Area Housing Finance with Mark Mayfield to local Burnet County non-profit organizations.

Vote: 4 - 0 Passed - Unanimously

The court discussed the approval of a request list from Burnet Hermann Brown Free Library to the City of Burnet.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request list from Burnet Hermann Brown Free Library to the City of Burnet.

Vote: 4 - 0 Passed - Unanimously

Commissioner Dockery was asked to reopen Item #8.

Cynthia Klentzman, Burnet County resident, addressed the court with her concerns with allowing outside entities to make decisions on what books are in the library.

No additional action was taken.  Item reopened for citizen comment.

The court asked County Attorney, Eddie Arredondo, County Auditor, Karin Smith, and Chief Trevino to join in executive session.  

The court recessed at 9:56 a.m. for Executive Session.

The court reconvened at 10:05 a.m.

The court took no action on this agenda item.

The court acknowledged the receipt:
            a.  Marble Falls Area EMS Update

The court discussed contracts, agreements or grants to be approved and/or ratified.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to accept the grant subject to approval by the County Auditor, County Attorney, and Commissioner Dockery.

Vote: 4 - 0 Passed - Unanimously

The court discussed contracts, agreements or grants to be approved and/or ratified.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve inter local agreement and order with the City of Marble Falls.

Vote: 4 - 0 Passed - Unanimously

The court discussed contracts, agreements or grants to be approved and/or ratified.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the added item:

Vote: 4 - 0 Passed - Unanimously

The court discussed Department Updates.
Derek Marchio, Emergency Management Coordinator, gave a spring 2023 weather recap and summer outlook.

The court acknowledged the receipts:

The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve to go out for bid for work to be performed on CR 116 from Park Rd 4 to RM 3509 and for wheelchair accessible transit connect van for VetRides.

Vote: 4 - 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:

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.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the consent agenda on items a. through g.

Vote: 4 - 0 Passed - Unanimously

Patricia Cope, Burnet County resident, addressed the court regarding agenda item pertaining to Town Hall meetings.  She would like to request documentation from Claire Nybro's public comment be entered into this agenda item as well.  Claire Nybro gave verbal permission for her documents to be added to item 24.

The court discussed calendar review.

Karin Smith, County Auditor, was asked by Commissioner Dockery to join in the discussion.

The court discussed the FY24 budget requests and position reclass requests for non-elected employees.  The court also discussed removing the $550,000.00 for election equipment.  

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to remove the $550,000.00 from the FY24 budget for election equipment.

Vote: 4 - 0 Passed - Unanimously

The court continued to discuss items in the FY24 budget requests worksheet.

The final report from the Evergreen Salary Survey was provided to be included in the court minutes.  

No additional action was taken under agenda item 26.

As there was no further business, Commissioner Dockery adjourned the meeting at 11:33 a.m.