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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 25th 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 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Absent:
County Judge James Oakley; Commissioner Precinct 2 Damon Beierle
Attendees:
Stephanie McCormick, Comm. Court Coordinator; Vicinta Stafford, County Clerk; Karin Smith, County Auditor
 
AGENDA
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 July 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 from Pam Stevenson’s with Joseph’s Hammer in regards to the Worship Center at the Ellen Halbert Unit in Burnet (Dockery)
 
5.  Discussion and/or action regarding a claim from Frontier Communication Bill regarding Precinct 3  (Wall/Dockery)
 
6.  Discussion and/or action regarding waiver of penalties and late fees for Property ID 28926 and 28927 from Darrell Vybiral (Dockery)
 
7.  Discussion and/or action regarding the selection of members on the Salary Grievance Committee (Dockery/Stafford)
 
8.  Discussion and/or action regarding the adoption agreement for County of Burnet 457(b) Deferred Compensation Plan to allow for Roth IRA Option (Dockery/S.Luther)
 
9.  Discussion and/or action regarding offering Burnet County employees Norton Lifelock as a voluntary benefit through payroll deduction (Dockery/S.Luther)
 
10.  Discussion and/or action regarding an amendment to implement SECURE Act and Other Law Changes to the County of Burnet 457(b) Deferred Compensation Plan (Dockery/S.Luther)
 
11.  Discussion and/or action regarding the release of Subdivision Improvement Bond #CNB-41388-00 for road and drainage improvements for the Ranches at Rifle Ridge subdivision and the acceptance of Maintenance Bond #CNB-41388-00 to be held for a period of 2 years from this date (Luther)
 
12.  Discussion and/or action regarding a replat of Tract 2, Swiss Village, to be known as lots 2AR, 2BR, and 2CR, Swiss Village, dividing 1 lot into 3 (Luther)
 
13.  Discussion and/or action concerning creating a committee to review the impact of HB 3697 on land development in the unincorporated areas of Burnet County (Dockery)
 
14.  Discussion and/or action concerning the final plat approval of Hoover Valley Crossing, a private subdivision consisting of 3 lots on 9.797 acres located at FM 3509 and CR 116B (Luther)
 
15.  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.  Consultation and discussion with Burnet County Attorney and/or attorneys representing Burnet County in County of Burnet v. Purdue Pharma, Inc., et al, MDL PRETRIAL CAUSE NO. 2018-63587, in the District Court of Harris County, Texas.  Amongst said discussion is settlement offers made by Defendants Walgreens, CVS, and Walmart.
           
16. Reconvene in Open Session. 
 
17. 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. Discussion and/or action regarding Settlement offers made and the potential authorization of Burnet County Commissioner Joe Don Dockery or of any other official to execute the Settlement participation and release forms regarding settlement offers made by Defendants Walgreens, CVS, and Walmart in the matter of Texas opioid multi-district litigation for the County in the matter of County of Burnet v. Purdue Pharma, LP, et al 
 
18.  Discussion and/or action regarding Department Updates: 
           
19.  Acknowledgement of Receipt:  
a.  Burnet Central Appraisal District notice that the Board of Directors will hold a public hearing concerning the Appraisal District’s proposed 2024 budget
b. Burnet Fire Dept. Response Times for April, May, June 2023
           
 
20.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Service Agreement with Spectrum Enterprise for the installation of fiber internet at the Burnet County Jail
b. Cadence Bank Master Lease for four Mack Dump trucks
c. East Texas Mack Truck Buy Back Program
d. Approve and sign interlocal amendment #23-12-01 with CAPCOG for the Solid Waste grant for additional funds for $16,598.14 to fund the October 2022 HHW Collection event
           
 21.  Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings:
 a.  Award of the bid for the wheelchair accessible van for Vehicle
 b.  Award of the bid for the work to be performed on CR 116
             
22.  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.
           
23.  Discussion regarding any previous agenda items.
 
24.  Calendar Review.
 
25.  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)
      
26.  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 Dockery led the court in Invocation and Pledge of Allegiance to the Flags.
 
Item #3:
Public Comments
Claire Nybro presented to the court handouts and invited the court to an event in Liberty Hill on July 25th.
Patricia Cope presented to the court handouts regarding elections.
Herb Darling, Developmental Services presented to the court a letter from Barbara Shannon thanking Jessica Hale with Development Services 911 addressing for helping with resolving the issue with their street number.
 
Item #4:
Presentation from Pam Stevenson
The court listened to a presentation from Pam Stevenson with Joseph’s Hammer in regards to the Worship Center at the Ellen Halbert Unit in Burnet.
Pam Stevenson addressed the court regarding the Worship center at the Ellen Halbert unit.
Attachments:
 
Item #5:
Frontier Communication Bill
The court discussed a claim from Frontier Communication bill regarding Precinct 3.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a claim from Frontier Communication bill regarding Precinct 3.

Vote: 3 - 0 Passed - Unanimously

Attachments:
 
Item #6:
Waiver of penalties from Darrell Vybiral
The court discussed the waiver of penalties and late fees for Property ID 28926 and 28927 from Darrell Vybiral.
 

The court took no action on this agenda item.

 
Item #8:
Adoption agreement Deferred Compensation Plan
The court discussed the adoption agreement for County of Burnet 457(b) Deferred Compensation Plan to allow for Roth IRA Option.

Sara Ann Luther, Human Resource Director, addressed the court discussing an employee request for a Roth IRA option through Nationwide.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the adoption agreement for County of Burnet 457(b) Deferred Compensation Plan to allow for Roth IRA Option.

Vote: 3 - 0 Passed - Unanimously

 
Item #9:
Norton Lifelock
The court discussed offering Burnet County employees Norton Lifelock as a voluntary benefit through payroll deduction.

Sara Ann Luther, Human Resource Director, addressed the court about purchasing personal identity protection at a reduced price and pay for it through payroll deduction going into effect on 10/1/23 for the fiscal year.
 
Item #10:
Amendment to 457(b) Deferred Compensation Plan
The court discussed the amendment to implement SECURE Act and Other Law Changes to the County of Burnet 457(b) Deferred Compensation Plan.

Sara Ann Luther, Human Resource Director, addressed the court about the amendment to implement SECURE Act for the 457(b) Deferred Compensation Plan.
Sara Ann Luther, Human Resource Director, informed the court about Katy Gilmore passing.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the amendment to implement SECURE Act and Other Law Changes to the County of Burnet 457(b) Deferred Compensation Plan.

Vote: 3 - 0 Passed - Unanimously

 
Item #11:
Release of Bond for Ranches at Rifle Ridge
The court discussed the release of Subdivision Improvement Bond #CNB-41388-00 for road and drainage improvements for the Ranches at Rifle Ridge subdivision and the acceptance of Maintenance Bond #CNB-41388-00 to be held for a period of 2 years from this date.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of Subdivision Improvement Bond #CNB-41388-00 for road and drainage improvements for the Ranches at Rifle Ridge subdivision and the acceptance of Maintenance Bond #CNB-41388-00 to be held for a period of 2 years from this date.

Vote: 3 - 0 Passed - Unanimously

 
Item #12:
Replat - Swiss Village
The court discussed a replat of Tract 2, Swiss Village, to be known as lots 2AR, 2BR, and 2CR, Swiss Village, dividing 1 lot into 3.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a replat of Tract 2, Swiss Village, to be known as lots 2AR, 2BR, and 2CR, Swiss Village, dividing 1 lot into 3.

Vote: 3 - 0 Passed - Unanimously

 
Item #13:
Creating a committee to review the impact of HB 3697
The court discussed creating a committee to review the impact of HB 3697 on land development in the unincorporated areas of Burnet County.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve creating a committee to review the impact of HB 3697 on land development in the unincorporated areas of Burnet County.
The committee will consist of Herb Darling, Comm. Jim Luther and Comm. Damon Beierle.

Vote: 3 - 0 Passed - Unanimously

 
Item #6: Revisited
Waiver of penalties from Darrell Vybiral
The court discussed a waiver of penalties and late fees for Property ID 28926 and 28927 from Darrell Vybiral.
 

Motion failed due to lack of a motion.

 
Item #14:
Final Plat approval - Hoover Valley Crossing
The court discussed the final plat approval of 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 3 Billy Wall to approve the final plat approval of Hoover Valley Crossing, a private subdivision consisting of 3 lots on 9.797 acres located at FM 3509 and CR 116B.

Vote: 3 - 0 Passed - Unanimously

 
Item #7:
Salary Grievance Committee
The court discussed the selection of members on the Salary Grievance Committee.

Vicinta Stafford, County Clerk, addressed the court about the Salary Grievance Committee and the 2 options: 6 county elected officials and 3 public members or the 9 public members.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the 9 public members to be on the Salary Grievance Committee.
The 9 chosen are (1) Colin Francis, (2) Greg Neill, (3) Hunter Sanguinet, (4) Kelly Moldenauer, (5) Cameron Barcalow, (6) Kathy Wright, (7) June Lemon, (8) Shelby Byrum and (9) Raul Rodriguez Jr.
The 5 Alternates are (1) Jacob Williams, (2) Anita Rhodes, (3) Kristi Jones, (4) Becky Hayden and (5) Judith Gibbs.

Vote: 3 - 0 Passed - Unanimously

 
Item #18:
Department Updates
No Department updates
 
Item #19:
Acknowledgement of Receipt
The court Acknowledged the Receipt:         
a.  Burnet Central Appraisal District notice that the Board of Directors will hold a public hearing concerning the Appraisal District’s proposed 2024 budget
b. Burnet Fire Dept. Response Times for April, May, June 2023
 
Item #20:
Contracts, agreements or grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a.  Service Agreement with Spectrum Enterprise for the installation of fiber internet at the Burnet County Jail
b.  Cadence Bank Master Lease for four Mack Dump trucks
c.  East Texas Mack Truck Buy Back Program
d.  Approve and sign interlocal amendment #23-12-01 with CAPCOG for the Solid Waste grant for additional funds for $16,598.14 to fund the October 2022 HHW Collection event
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the Service Agreement with Spectrum Enterprise for the installation of fiber internet at the Burnet County Jail, the Cadence Bank Master Lease for four Mack Dump trucks, the East Texas Mack Truck Buy Back Program, and approve and sign interlocal amendment #23-12-01 with CAPCOG for the Solid Waste grant for additional funds for $16,598.14 to fund the October 2022 HHW Collection event.

Vote: 3 - 0 Passed - Unanimously

 
Item #21:
Bid and Bid openings
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings:
a.  Award of the bid for the wheelchair accessible van for Vehicle
b.  Award of the bid for the work to be performed on CR 116

Karin Smith, County Auditor, stated that they received 1 bid from Bluebonnet Commercial Truck Center in the amount of $54,301.00 for the wheelchair accessible van for Vetrides.

Item (b) there were 5 bids received from Texas Materials Group Inc., D.I.J. Construction Inc., Brannan Paving Co. LTD, CK Newberry LLC and Gage and Cade Construction.
The bid was awarded to Texas Materials Group Inc. in the amount of $363,449.04.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the bid from Bluebonnet Commercial Truck Center in the amount of $54,301.00.

Vote: 3 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the bid from Texas Materials Group Inc. in the amount of $363,449.00.

Vote: 3 - 0 Passed - Unanimously

 
Item #22:
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 4 Joe Don Dockery to approve the consent agenda in its entirety.

Vote: 3 - 0 Passed - Unanimously

Attachments:
 
Item #23:
Previous Agenda items
No Previous Agenda items were discussed.
 
Item #24:
Calendar Review
The court discussed calendar review.
 
Item #15:
Executive Session
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.  Consultation and discussion with Burnet County Attorney and/or attorneys representing Burnet County in County of Burnet v. Purdue Pharma, Inc., et al, MDL PRETRIAL CAUSE NO. 2018-63587, in the District Court of Harris County, Texas.  Amongst said discussion is settlement offers made by Defendants Walgreens, CVS, and Walmart.

The court went into Executive Session at 9:47 a.m.

Comm. Dockery invited Karin Smith, County Auditor, into the session.
 
Item #16:
Reconvene in Open Session
The court reconvened at 10:04 a.m.
 
Item #17:
Executive Session Discussion
The court discussed items in Executive Session and take up for Consideration and possible action, pursuant to Chapter 262, Texas Local Government Code.
a. Discussion and/or action regarding Settlement offers made and the potential authorization of Burnet County Commissioner Joe Don Dockery or of any other official to execute the Settlement participation and release forms regarding settlement offers made by Defendants Walgreens, CVS, and Walmart in the matter of Texas opioid multi-district litigation for the County in the matter of County of Burnet v. Purdue Pharma, LP, et al
 
Eddie Arredondo, County Attorney, advised the Commissioners to make 2 different motions.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the resolution of the settlement from Walgreens Co., CVS Health Corporation and CVS Pharmacy Inc. and Walmart Inc.

Vote: 3 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve to authorize Comm. Dockery to sign the appropriate documents for the acceptance of the offer.

Vote: 3 - 0 Passed - Unanimously

 
Item #25:
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.

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

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve the public notice for the elected official's salary increases.

Vote: 3 - 0 Passed - Unanimously

 
Item #26:
Adjournment
As there was no further business, Commissioner Dockery adjourned the meeting at 10:28 a.m.