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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 8th day of August 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
 
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 August 8, 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 Mark Mayfield with the Capitol Area Housing Finance Corporation for monies donated to 14 local non-profit organizations (Dockery)
 
5.  Presentation by Jarrett Woodward regarding voter machine issues which may exist across the State of Texas (Luther)
 
6.  Discussion and/or action regarding the Notice of Termination received from Bluebonnet Trail Community Services involving Mental Health Care at the Burnet county Jail and other potential, related contractual changes (Dockery)
 
7.  Discussion and/or action regarding certification of the County Road Inventory Map for submission to TxDOT (Dockery)
 
8.  Discussion and/or action regarding the acceptance of a historical marker for Buchanan Dam (Dockery/Smith)
 
9.  Presentation regarding the Burnet County 2023 voter approval and no new revenue property tax rates and 2023 certified values (Dockery/Smith)
 
10.  Discuss the proposed tax rate which will fund the FY2024 budget and take action as necessary (Dockery/Smith)
 
11.  Discuss and take action on setting the date and time for a hearing on the proposed tax rate, proposed budget, and records archive plan (Dockery/Smith)
 
12.  Discuss and take action on setting the date and time to adopt the FY2023 tax rate and the FY2024 budget (Dockery/Smith)
 
13.  Discussion and/or action concerning a committee update on HB 3697 (Beierle)
 
14.  Discussion and/or action concerning a replat of lots 108,109, and 110, Silver Creek Village, Unit 1, to be known as lot 110A, Silver Creek Village, Unit 1, a combination of three lots into 1 (Luther)
 
15.  Discussion and/or action concerning a replat of lots 6 and 7, Blk. 4, Kings Cove Estates, to be known as lot 6A, Blk. 4, Kings Cove Estates, a combination of 2 lots into 1 (Luther)
 
16.  Discussion and/or action regarding the approval of the Treasurer’s monthly report for June 2023 (Dockery/Crownover)
 
17.  Discussion and/or actin regarding the acceptance of the Treasurer’s Quarterly report for Q3 FY23 April – June (Dockery/Crownover)
 
18.  Discussion and/or action regarding the acceptance of the donation in the amount of $4,480.00 from the 2023 Burnet County Employee Picnic basket drawing and proposed distribution of funds to 3 local non-profits in the amount of $1,493.00 each (Dockery/Stafford)
 
19.  Discussion and/or action regarding the Collections Contract for the County (Dockery/Arredondo)
 
20.  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
 
21. Reconvene in Open Session. 
 
22. 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 by County for County use purposes           
 
23.  Discussion and/or action regarding Department Updates: 
 
 
24.  Acknowledgement of Receipt: 
a. Notice from the Burnet Central Appraisal District that their public hearing on the proposed budget for 2023 was held on July 20, 2023.
b. Marble Falls Area EMS Updates
c. MIS Summary
d. Notice to Current Customers from City of Marble Falls regarding Notice of Intent to purchase Water Facilities
           
 
25.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. FY 24 annual user maintenance agreement with Mentalix for the Burnet County Jail
b. Planned Maintenance Agreement with Clifford Power for the generator at the Burnet County Jail
           
26.  Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings:
          
27.  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.
           
28.  Discussion regarding any previous agenda items.
  
29.  Calendar Review.
 
30.  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)
           
31.  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 9:03 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
Claire Nybro addressed the court regarding concerns regarding elections.
Cynthia Klentzman addressed the court about the redacting device purchased by the elections department.
Pat Dickey addressed the court concerning animals in the county and recently made a donation to fix this issue.
Patricia Cope addressed the court about paper ballots, potential recreational dam, and thanked the court for the first responders to the fire at Delaware Springs.
Charlie Parker addressed the court concerning the elections, the illegal invasion of the southern boarders, and the digital currency.
Craig Cosgra addressed the court about the electronic voting machines.
Lori Gallagher addressed the court about concerns with elections and paper ballots.
Mark McDonald addressed the court about the Burnet County Budgets and the debts.
Fernando Renose addressed the court stating his interest in paper ballots.
Bill Trumbley addressed the court about electronic voting machines being hacked.
Juanita Kaufmann addressed the court about concerns with the voting system, roads in Burnet County, and the influx of the population and the water problem.
 
Item #4:
Donation to Capitol Area Housing
The court listened to a presentation from Mark Mayfield with the Capitol Area Housing Finance Corporation, for monies donated to 14 local non-profit organizations.
Jim Shaw, Executive Director with Capitol Area Housing Finance Corporation addressed the court about the organization and what it does for the community. Mark Mayfield and Jim Shaw presented each non-profit organization with a check for $7142.00.
The 14 non-profit organizations: The Helping Center, Williamson Burnet County Opportunities Inc.,  LaCare, Joseph's Food Pantry, Holy Cross Food Pantry, Hill Country Children's Advocacy Center, Highland Lakes Family Crisis center, Highland Lakes Crisis Network, CASA for the Highland Lakes, Burnet County VetRides, Burnet County Child Welfare Board, Boys and Girls Club, Workforce Network, Community Resource Centers of Texas.
 
Item #5:
Presentation by Jarrett Woodward
The court listened to a presentation by Jarrett Woodward regarding voter machine issues which may exist across the State of Texas.
Jarrett Woodward spoke to the court about the election code for the voting system standards. 
Kara Chasteen calls for a meeting of the Elections Board and Elections Commission.
 
Item #6:
Notice of Termination received from Bluebonnet Trail Community Services
The court discussed the Notice of Termination received from Bluebonnet Trail Community Services involving Mental Health Care at the Burnet county Jail and other potential, related contractual changes.

Eddie Arredondo, County Attorney, informed the court that BlueBonnet Trails Community Services is terminating their contract with Burnet County and this could impact the budget and gave a 60-day notice. The last day will be September 25, 2023. 

Calvin Boyd, County Sheriff, stated he is looking into other providers.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to go out for RFP for health care services at the Burnet County Jail for Medical and Mental Health Care.

Vote: 4 - 0 Passed - Unanimously

 
Item #9:
2023 voter approval, No new revenue Property tax rates and 2023 Certified vales
The court discussed the Burnet County 2023 voter approval and no new revenue property tax rates and 2023 certified values.

Stan Hemphill, Burnet Central Appraisal District, presented the proposed tax rate.
 
Item #26:
Bids and Bid openings
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings.

Blair Manning, Tourism Director, presented 2 bids for Christmas lights, chose the lower bid of $32,550 with Creative Decor Holiday Lighting.

Karin Smith, County Auditor, requested to go out for bids for RFP right of way acquisition services. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Bid with Creative Decor in the amount of $32,550.00.

Vote: 4 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve right of way services.

Vote: 4 - 0 Passed - Unanimously

 
Item # 14:
Replat - Silver Creek Village
The court discussed a replat of lots 108,109, and 110, Silver Creek Village, Unit 1, to be known as lot 110A, Silver Creek Village, Unit 1, a combination of three lots into 1.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve a replat of lots 108,109, and 110, Silver Creek Village, Unit 1, to be known as lot 110A, Silver Creek Village, Unit 1, a combination of three lots into 1.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #15:
Replat - Kings Cove Estates
The court discussed a replat of lots 6 and 7, Blk. 4, Kings Cove Estates, to be known as lot 6A, Blk. 4, Kings Cove Estates, a combination of 2 lots into 1.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve a replat of lots 6 and 7, Blk. 4, Kings Cove Estates, to be known as lot 6A, Blk. 4, Kings Cove Estates, a combination of 2 lots into 1.

Vote: 4 - 0 Passed - Unanimously

 
Item #8:
Acceptance of historical marker for Buchanan Dam
The court discussed the acceptance of a historical marker for Buchanan Dam.

Rachel Bryson, chair of the Burnet County Historical Commission, addressed the court about acceptance of the historical marker for Buchanan Dam for the Burnet County and Llano County side of the dam. Money comes from donations. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the funds for a historical marker for Buchanan Dam to come from donations from the Burnet County Historical Commission.

Vote: 4 - 0 Passed - Unanimously

 
Item #16
Treasurer’s monthly report for June 2023
The court discussed the approval of the Treasurer’s monthly report for June 2023.

Karrie Crownover, County Treasurer, presented to the court the monthly report for June 2023.
 

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

Vote: 4 - 0 Passed - Unanimously

 
Item #17:
Treasurer’s Quarterly report for Q3 FY23 April – June
The court discussed the acceptance of the Treasurer’s Quarterly report for Q3 FY23 April – June.

Karrie Crownover, County Treasurer, presented to the court the Treasurer’s Quarterly report for Q3 FY23 April – June.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Treasurer’s Quarterly report for Q3 FY23 April – June.

Vote: 4 - 0 Passed - Unanimously

 
Item #19:
Collections Contract for the County
The court discussed the Collections Contract for the County.

Eddie Arredondo, County Attorney, addressed the court about the contract for collections for JP3.

Judge Hurst, Justice of the Peace for Precinct 3, addressed the court requesting to give notice to terminate the contract with MVBA.

Stephanie McCormick, Collections Supervisor, addressed the court and gave her input about the contract with MVBA and is happy with their services.
 

The court took no action on this agenda item.

 
Recessed at 10:30 a.m.
 
Reconvened at 10:41 a.m.
 
Item #13:
Committee update on HB 3697
The court discussed the committee update on HB 3697.

Comm. Beierle gave an update.
Herb Darling, Development Services, addressed the court regarding HB 3697.
 

The court took no action on this agenda item.

 
Item #7:
Certification of the County Road Inventory Map
The court discussed certification of the County Road Inventory Map for submission to TxDOT.
 

The court took no action on this agenda item.

 
Item #10:
Proposed tax rate for FY2024 budget
The court discussed the proposed tax rate which will fund the FY2024 budget and take action as necessary.
The proposed tax rate will be 0.3541 which is a 2.25% decrease.
 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the proposed tax rate of 0.3541 for the FY 2024 budget.

Vote: 4 - 0 Passed - Unanimously

 
Item #11:
Setting Date/Time for Hearing on Proposed tax rate
The court discussed setting the date and time for a hearing on the proposed tax rate, proposed budget, and records archive plan.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve setting August 22nd at 9:30 a.m. for the hearing on the proposed tax rate and proposed budget, and records archive plan.

Vote: 4 - 0 Passed - Unanimously

 
Item #12:
Setting Date/Time to adopt FY2023 and FY2024 tax rate and budget
The court discussed setting the date and time to adopt the FY2023 tax rate and the FY2024 budget.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr.  to approve setting August 22nd at 9:30 a.m. to adopt the FY 2023 tax rate and the FY 2024 budget.

Vote: 4 - 0 Passed - Unanimously

 
Item #18:
Donation from 2023 Burnet County Employee Picnic
The court discussed the acceptance of the donation in the amount of $4,480.00 from the 2023 Burnet County Employee Picnic basket drawing and proposed distribution of funds to 3 local non-profits in the amount of $1,493.00 each.

Vicinta Stafford, County Clerk, proposed to the court to donate $1,493 to 3 local non-profit organizations, which are the Highland Lakes Christmas is for kids, Burnet County Santa's helpers and the Granite Shoals Christmas outreach.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the distribution of funds to 3 local non-profits in the amount of $1,493.00 each.

Vote: 4 - 0 Passed - Unanimously

 
Item #23:
Department Updates
Derek Marchio, EMC, presented the Fire Weather update.

Sara Ann Luther, Human Resource Director, gave an update on the Cybersecurity training.
Attachments:
 
Item #24:
Acknowledgement of Receipt
The court Acknowledged the Receipt:        
a. Notice from the Burnet Central Appraisal District that their public hearing on the proposed budget for 2023 was held on July 20, 2023.
b. Marble Falls Area EMS Updates
c. MIS Summary
d. Notice to Current Customers from City of Marble Falls regarding Notice of Intent to purchase Water Facilities
 
Item #25:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a.  FY 24 annual user maintenance agreement with Mentalix for the Burnet County Jail
b.  Planned Maintenance Agreement with Clifford Power for the generator at the Burnet County Jail
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. Item a: to approve FY 24 annual user maintenance agreement with Mentalix for the Burnet County Jail

Vote: 4 - 0 Passed - Unanimously

 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. Item b: to approve Planned Maintenance Agreement with Clifford Power for the generator at the Burnet County Jail.

Vote: 4 - 0 Passed - Unanimously

 
Item #27:
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 #28:
Previous Agenda Items
Vicinta Stafford, County Clerk, gave an update on the Salary Grievance Committee. 3 out of the 9 selected have declined and 1 has accepted, and we have sent out 3 letters to the alternates.

Judge Hurst, JP3 presented to the court a Justice Courts Activity report.
 
Item #29:
Calendar Review
No calendar items to review.
 
Item #20:
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.  Discussion regarding the potential purchase of property by County for County use purposes

Comm. Dockery invited Karin Smith, County Auditor, and Eddie Arredondo, County Attorney, into the Executive Session.

The court went into Executive Session at 11:21 a.m.
 
Item #21:
Reconvened in Open Session at 11:40 a.m.
 
Item #22:
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.  Potential purchase by County for County use purposes
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to allow Comm. Luther and Comm. Dockery to continue discussions with the party regarding the possible purchase of a building.

Vote: 4 - 0 Passed - Unanimously

 
Item #30:
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 was invited to join the discussion. The proposed budget has to be filed by August 15th.
 
Item #31:
Adjournment
Commissioner Dockery adjourned the meeting at 12:11 p.m. as there was no further business to discuss.