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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 11th day of July, 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:
Vicinta Stafford, County Clerk; Stephanie McCormick, Comm. Court Coordinator; Karin Smith, County Auditor
 
AGENDA
REGULAR MEETING DATE:  Tuesday July 11, 2023 MEETING TIME: 9:00 a.m.
MEETING PLACE: 2nd Floor Courtroom located at220 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 regarding the acceptance of COVID tests donated by Sue Jeffcoat (Dockery/S.Luther)
 
5.  Discussion and/or action regarding adopting the burn ban for the unincorporated areas of Burnet County (Dockery)
 
6.  Discussion and/or action regarding the approval to apply for the Ladd and Katherine Hancher Library Foundation grants for the Oakalla Library.  Applications will be for 2 adult computers and 1 child computer (Dockery/Smith)
 
7.  Discussion and/or action regarding the approval to apply for a grant from LCRA Community Development Partnership Program for mobile radios.  Maximum $25,000 with minimum 20% match (Dockery/Smith)
 
8.  Discussion and/or action regarding the release of Subdivision Improvement Performance Bond #CNB-41388-00 and acceptance of two-year maintenance bond #CNB-41388-00 for street and drainage improvements for the Ranches at Rifle Ridge (Luther)
 
9.  Discussion and/or action regarding the preliminary plat approval for Hoover Valley Crossing, a private subdivision consisting of 3 lots on 9.797 acres located at FM 3509 and CR 116B (Luther)
  
10.  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).   
             
11. Reconvene in Open Session. 
 
12. 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.
 
13.  Discussion and/or action regarding Department Updates: 
           
14.  Acknowledgement of Receipt:  
            a. MIS Summary
            b. Notice from TCEQ
            c. Letter of Tobacco Settlement Distribution from the Texas Health & Human Services
           
15.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
           a.  Cadence Bank equipment finance proposal for the lease of four Mack dump trucks
b.  Maintenance agreements with price increases from The Brandt Co. for services at the Courthouse and the Burnet county Jail
                
16.  Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings
             
17.  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.
           
18.  Discussion regarding any previous agenda items.
 
19.  Calendar Review.
 
20.  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)
           
21.  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 9:00 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Commissioner Beierle led the court in Invocation and Pledge of Allegiance to the Flags.
 
Item #3:
Public Comments
Patricia Cope, Burnet County resident, addressed the court regarding her concern about elections.  She presented 2 documents to be included in the minutes.  Patricia Cope also presented a letter from Claire Nybro to be included in the minutes.  
Herb Krasner updated the court with broadband information.
 
Item #4:
Discussion and/or action regarding the acceptance of COVID tests donated by Sue Jeffcoat (Dockery/S.Luther)
The court discussed the acceptance of COVID tests donated by Sue Jeffcoat.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to accept COVID tests donated by Sue Jeffcoat.

Vote: 4 - 0 Passed - Unanimously

 
Item #5:
Discussion and/or action regarding adopting the burn ban for the unincorporated areas of Burnet County (Dockery)
The court discussed adopting the burn ban for the unincorporated areas of Burnet County.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to adopt the burn ban for the unincorporated areas of Burnet County effective at 10:00 am on Tuesday, July 11, 2023.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #6:
Discussion and/or action regarding the approval to apply for the Ladd and Katherine Hancher Library Foundation grants for the Oakalla Library. Applications will be for 2 adult computers and 1 child computer (Dockery/Smith)
The court discussed the approval to apply for the Ladd and Katherine Hancher Library Foundation grants for the Oakalla Library.  Applications will be for 2 adult computers and 1 child computer.  Karin Smith, County Auditor, added this to include the option for any other library who might want to apply for this grant.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall for the approval to apply for the Ladd and Katherine Hancher Library Foundation grants for the Oakalla Library and for any other library that wants to apply for the grant.

Vote: 4 - 0 Passed - Unanimously

 
Item #7:
Discussion and/or action regarding the approval to apply for a grant from LCRA Community Development Partnership Program for mobile radios. Maximum $25,000 with minimum 20% match (Dockery/Smith)
The court discussed the approval to apply for a grant from LCRA Community Development Partnership Program for mobile radios.  Maximum $25,000 with minimum 20% match.  
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle for approval to apply for a grant from LCRA Community Development Partnership Program for mobile radios.

Vote: 4 - 0 Passed - Unanimously

 
Item #8:
Discussion and/or action regarding the release of Subdivision Improvement Performance Bond #CNB-41388-00 and acceptance of two-year maintenance bond #CNB-41388-00 for street and drainage improvements for the Ranches at Rifle Ridge (Luther)
Commissioner Dockery opened the item, but Commissioner Luther asked to hold on the item as the representatives from the Ranches at Rifle Ridge were not present at this time. 

No action was taken on this agenda item.
 
Item #9:
Discussion and/or action regarding the preliminary plat approval for Hoover Valley Crossing, a private subdivision consisting of 3 lots on 9.797 acres located at FM 3509 and CR 116B (Luther)
The court discussed the preliminary plat approval for Hoover Valley Crossing, a private subdivision consisting of 3 lots on 9.797 acres located at FM 3509 and CR 116B.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the preliminary plat for Hoover Valley Crossing, a private subdivision consisting of 3 lots on 9.797 acres located at FM 3509 and CR 116B.

Vote: 4 - 0 Passed - Unanimously

 
Item #10:
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).
The court took no action on this agenda item.
 
Item #11:
Reconvene in Open Session
The court took no action on this agenda item.
 
Item #12:
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.
The court took no action on this agenda item.
 
Item #13:
Discussion and/or action regarding Department Updates
Sara Ann Luther, Human Resource Director, requested guidance on a process for managing donated COVID tests.  The court advised they will add it to the next agenda and be able to implement a plan.
 
Item #14.
Acknowledgement of Receipt:
a. MIS Summary
b. Notice from TCEQ
c. Letter of Tobacco Settlement Distribution from the Texas Health & Human Services
The court Acknowledged the Receipt:   
            a. MIS Summary
            b. Notice from TCEQ
            c. Letter of Tobacco Settlement Distribution from the Texas Health & Human Services
 
Item #15:
Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Cadence Bank equipment finance proposal for the lease of four Mack dump trucks
b. Maintenance agreements with price increases from The Brandt Co. for services at the Courthouse and the Burnet county Jail
The court discussed the contracts, agreements or grants to be approved and/or ratified:
a.  Cadence Bank equipment finance proposal for the lease of four Mack dump trucks
b.  Maintenance agreements with price increases from The Brandt Co. for services at the Courthouse and the Burnet county Jail
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve Item A and B, but Item A is contingent on receiving and reviewing a buyback agreement from East Texas Mack.

Vote: 4 - 0 Passed - Unanimously

 
Item #16:
Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings
The court took no action on this agenda item.
 
Item #14:
Acknowledgement of Receipt:
Commissioner Dockery reopened Agenda Item 14 to acknowledge receipt of a letter for Texas A&M AgriLife Extension Service in regards to filling a position vacated by Mikayla Herron.
 
Item #17:
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.
The court discussed the following items as 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.

Karin Smith, County Auditor, asked to add 17h. to the agenda item.
h.  Approval for payment to Frontier Communications in the amount of $1,960.88 for damages in Road & Bridge Precinct 3.

Commissioner Wall addressed his concerns with paying for this.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the consent agenda in it's entirety with the exclusion of added item h.

Vote: 4 - 0 Passed - Unanimously

 

The court discussed item 17h. Commissioner Wall asked to have this added to the next agenda date to allow sufficient time to research this claim.

The court took no action on item 17h.

Attachments:
 
Item #18:
Discussion regarding any previous agenda items.
The court took no action on this agenda item.
 
Item #19:
Calendar Review.
The court discussed calendar review.
 
The court recessed at 9:26 am.

The court returned at 9:31 am.
 
Item #20:
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)
Karin Smith, County Auditor, was asked by Comm. Dockery to join in the discussion.

The court discussed the FY24 budget requests and position reclass requests.  
 
Item #8:
Discussion and/or action regarding the release of Subdivision Improvement Performance Bond #CNB-41388-00 and acceptance of two-year maintenance bond #CNB-41388-00 for street and drainage improvements for the Ranches at Rifle Ridge (Luther)
Commissioner Luther asked to reopen Item #8.  No action taken previously.  Commissioner Luther asked the audience if anybody was there on behalf of the Raches at Rifle Ridge.  No representative was present.  Commissioner Luther asked for this item to be added to the next scheduled meeting.

The court took no action on this agenda item.
 
Item #21:
Adjournment
As there was no further business Commissioner Dockery adjourned the meeting at 10:12 am.