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.
  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 good citizenship award to Commissioner Damon Beierle by the Bluebonnet Chapter of the Sons of the American Revolution (Beierle)
 
5. Discussion and/or action regarding a variance request from the Burnet County Subdivision Regulations by Michael and Janie Krumpler for a 7 acre tract out of a 34.39 acre tract identified as BCAD parcel #55217 located at 2285 CR 200 (Beierle)
 
6. Discussion and/or action regarding naming 3 streets/roads in the business park located off 7501 E. SH 71 for 911 addressing purposes (Dockery)
 
7. Discussion and/or action regarding the replat of lots 164 and 165, Summit Springs, to be known as lot 164A, Summit Springs, a combination of 2 lots into 1 (Dockery)
 
8. Discussion and/or action regarding the replat of lots 5 and 6, Block 2, Legendary Estates on Lake LBJ, Phase 1, to be known as lot 5A, Block 2, Legendary Estates on Lake LBJ, Phase 1, a combination of 2 lots into 1 (Luther)
 
9. Discussion and/or action regarding the replat of lots 95 and 96, The Ranches at Canyon Creek, Phase 3, to be known as lot 95A, The Ranches at Canyon Creek, Phase 3, a combination of 2 lots into 1 (Wall)
 
10. Discussion and/or action regarding a request for a variance from the Burnet County Subdivision Regulations by Kyle Jordan for a 5 acre tract out of a 30.01 acre tract, identified as BCAD Parcel #50943, located at CR 332 and Redbird Trail (Wall)
 
11. Discussion and/or action concerning TLGC 232.103 and 232.104 and amending the Burnet County Subdivision Regulations for compliance with HB 3697 (Oakley)
 
12. Discussion and/or action concerning naming 4 streets in an office/warehouse rental development located off 7501 E. SH71.  The streets are Maddux Way, Atomic Alley, Spellman Trail and Hunter’s Pass (Dockery)
 
13. Discussion and/or action regarding the notification by the County Judge to the Commissioners Court of Burnet County payroll irregularities and the potential of directing the Burnet County Auditor to employ a forensic accounting firm to inspect/audit Burnet county payroll records (Oakley)
 
14. Discussion and/or action concerning Commissioner’s Court members compliance with Local Govt. code Chapter 171, dealing with conflict of interest (Oakley)
 
15. Discussion and/or action allowing the use of county equipment and manpower to assist the Burnet Rodeo Association in arena preparation for their upcoming fundraiser (Beierle)
 
16. Discussion and/or action regarding the purchase of a solar power radar sign from Radarsign for Road & Bridge Pct. 1 (Luther)
 
17. Discussion and/or action concerning the Burnet Central Appraisal District Board of Directors nominees (Oakley)
 
18. Discussion and/or action regarding the approval to sign the Certificate for Capital Area Housing Finance Corporation (Oakley)
 
19. Discussion and/or action concerning the approval to apply and sign application for the City of Marble Falls Hotel Occupancy Tax (HOT) Reimbursement Grant for the Burnet County Historical Commission – Certified Local Government Program Statewide all-day training for CLG Program in September 2024. Requested amount is $1,000.00 (Dockery)
 
20. Discussion and/or action regarding the adoption of FY24 Compensation Plan (Oakley/S.Luther)
 
21. Discussion and/or action for the approval to accept and sign the Notice of Grant Award for the FY 24 MVCPA grant for the Heart of Texas Auto Theft Task Force.  Participants include Burnet, Coryell, and McLennan Counties.  Williamson County also has the option to join at a later time.  The total grant amount is $664,313.00 Match will come from Program Income from 69A inspections and McLennan County.  Additional match will come from Williamson County if they choose to join within the Fiscal Year.  Grant Period is 9/1/23 – 8/31/24 (Oakley/Smith)
 
22. Discussion and/or action regarding the approval of the monthly Treasurer’s report for July 2023 (Oakley/Crownover)
 
23. 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).      
           
24. Reconvene in Open Session. 
 
25. 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.         
 
26. Discussion and/or action regarding the disbursement of budgeted salary to the Burnet County Judge for time period of suspension (Oakley)
 
27. Discussion and/or action regarding reimbursement of legal fees for Hon. James Oakley related to the “Not Guilty” finding in CR 02179, 33^rd Judicial District Court, Blanco County for the charge of Abuse of Official Capacity.  As per Sec. 157.901 TX Loc. Gov. Code and TX Attorney General Opinion KP-0037 (2015), such reimbursement is subject to a finding by the Commissioners Court that such a payment is primarily for a public interest and not merely for the personal interest of James Oakley.  Further, such reimbursement is subject to a second finding by the Commissioners Court that the prosecution was for actions taken by James Oakley that was within the scope of his official duties (Arredondo)
 
28. Discussion and/or action regarding Department Updates: 
 
29. Acknowledgement of Receipt:             
 
30.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:            
             
31.  Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings:
             
32.  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:            
33.  Discussion regarding any previous agenda items.
 
34.  Calendar Review.
 
35.  Adjournment
 
  
______________________________________
Judge James Oakley, Burnet County Judge
 
 
                                                                                               
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.

Judge Oakley called the meeting to order at 9:00 a.m.

Steve Anderson led the court in Invocation and Judge Oakley led the Pledge of Allegiance to the Flags.

Judge Oakley thanked Commissioner Dockery for filling in for him while he was out. Danny Stark, resident in Precinct 3, addressed the court and commented about the roads and thanked Comm. Wall. Fernando Albornoz addressed the court about the audits and back pay for the Judge and the  legal fees should not be paid by the tax payers. Mark McDonald commented to the court that the judge should make a public apology and keep in mind the tax payers of Burnet County. Charlie Parker addressed the court about the elections in the county.

The court heard a  presentation of a good citizenship award to Commissioner Damon Beierle by the Bluebonnet Chapter of the Sons of the American Revolution. 
The Bluebonnet Chapter of the Sons of the American Revolution presented a bronze good citizenship medal to Comm. Beierle for his service.

Derek Marchio, Emergency Management Coordinator, gave an update on the fire weather update handout. Talked about the recent fires in Briggs and Burnet.
Sara Ann Luther, Human Resource Director, gave an update on the cyber security training and mentioned that the Employee Appreciation will be a luncheon this year on Friday, December 15th at the AgriLife building.

The court discussed a variance request from the Burnet County Subdivision Regulations by Michael and Janie Crumpler for a 7 acre tract out of a 34.39 acre tract identified as BCAD parcel #55217 located at 2285 CR 200.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: County Judge James Oakley to approve a variance request from the Burnet County Subdivision Regulations by Michael and Janie Crumpler for a 7 acre tract out of a 34.39 acre tract identified as BCAD parcel #55217 located at 2285 CR 200.

Vote: 4 - 0 Passed - Unanimously

The court took no action on this agenda item.

The court discussed the replat of lots 164 and 165, Summit Springs, to be known as lot 164A, Summit Springs, a combination of 2 lots into 1.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of lots 164 and 165, Summit Springs, to be known as lot 164A, Summit Springs, a combination of 2 lots into 1.

Vote: 4 - 0 Passed - Unanimously

The court discussed the replat of lots 5 and 6, Block 2, Legendary Estates on Lake LBJ, Phase 1, to be known as lot 5A, Block 2, Legendary Estates on Lake LBJ, Phase 1, a combination of 2 lots into 1.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of lots 5 and 6, Block 2, Legendary Estates on Lake LBJ, Phase 1, to be known as lot 5A, Block 2, Legendary Estates on Lake LBJ, Phase 1, a combination of 2 lots into 1.

Vote: 4 - 0 Passed - Unanimously

The court discussed the replat of lots 95 and 96, The Ranches at Canyon Creek, Phase 3, to be known as lot 95A, The Ranches at Canyon Creek, Phase 3, a combination of 2 lots into 1.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the replat of lots 95 and 96, The Ranches at Canyon Creek, Phase 3, to be known as lot 95A, The Ranches at Canyon Creek, Phase 3, a combination of 2 lots into 1.

Vote: 4 - 0 Passed - Unanimously

The court discussed a request for a variance from the Burnet County Subdivision Regulations by Kyle Jordan for a 5 acre tract out of a 30.01 acre tract, identified as BCAD Parcel #50943, located at CR 332 and Redbird Trail.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: County Judge James Oakley to approve a request for a variance from the Burnet County Subdivision Regulations by Kyle Jordan for a 5 acre tract out of a 30.01 acre tract, identified as BCAD Parcel #50943, located at CR 332 and Redbird Trail.

Vote: 4 - 0 Passed - Unanimously

The court discussed TLGC 232.103 and 232.104 and amending the Burnet County Subdivision Regulations for compliance with HB 3697.

Herb Darling, Development Services, gave an update to the court about HB3697 and is requesting action to maintain the committee and compile the changes.
Judge Oakley asked Eddie Arredondo, County Attorney, what action the court needs to take today? Eddie replied just the general observation that the committee is going to be working on the HB3697.

Patricia Cope requested the Attorney General opinion on this matter.

The court took no action on this agenda item.

The court discussed naming 4 streets in an office/warehouse rental development located off 7501 E. SH71.  The streets are Maddux Way, Atomic Alley, Spellman Trail and Hunter’s Pass.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr.,  to approve naming 4 streets in an office/warehouse rental development located off 7501 E. SH71. The streets are Maddux Way, Atomic Alley, Spellman Trail and Hunter’s Pass.

Vote: 4 - 0 Passed - Unanimously

The court discussed the notification by the County Judge to the Commissioners Court of Burnet County payroll irregularities and the potential of directing the Burnet County Auditor to employ a forensic accounting firm to inspect/audit Burnet county payroll records.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the notification by the County Judge to the Commissioners Court of Burnet County payroll irregularities and the potential of directing the Burnet County Auditor to employ a forensic accounting firm to inspect/audit Burnet county payroll records.

Vote: 4 - 0 Passed - Unanimously

The court discussed Commissioner’s Court members compliance with Local Govt. code Chapter 171, dealing with conflict of interest.

Judge Oakley discussed Local Govt. code 171.

Patricia Cope addressed the court about the PEC form 990 non-profit corporation.

The court took no action on this agenda item.

The court discussed allowing the use of county equipment and manpower to assist the Burnet Rodeo Association in arena preparation for their upcoming fundraiser.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the use of county equipment and manpower to assist the Burnet Rodeo Association in arena preparation for their upcoming fundraiser.

Vote: 4 - 0 Passed - Unanimously

The court discussed the purchase of a solar power radar sign from Radarsign for Road & Bridge Pct. 1.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the purchase of a solar power radar sign from Radarsign for Road & Bridge Pct. 1.

Vote: 4 - 0 Passed - Unanimously

The court discussed the Burnet Central Appraisal District Board of Directors nominees.

The court took no action on this agenda item.

The court discussed the approval to sign the Certificate for Capital Area Housing Finance Corporation.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the approval to sign the Certificate for Capital Area Housing Finance Corporation.

Vote: 4 - 0 Passed - Unanimously

The court discussed the monthly Treasurer’s report for July 2023.

Deanne Fisher, Treasurer's department, gave the court an update on the monthly Treasurer’s report for July 2023.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the monthly Treasurer’s report for July 2023.

Vote: 4 - 0 Passed - Unanimously

The court discussed the approval to apply and sign application for the City of Marble Falls Hotel Occupancy Tax (HOT) Reimbursement Grant for the Burnet County Historical Commission – Certified Local Government Program Statewide all-day training for CLG Program in September 2024. Requested amount is $1,000.00.

Rachel Bryson, with the Historical Commission, addressed the court about the HOT grant application to have the event. 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the application for the City of Marble Falls Hotel Occupancy Tax (HOT) Reimbursement Grant for the Burnet County Historical Commission – Certified Local Government Program Statewide all-day training for CLG Program in September 2024.

Vote: 4 - 0 Passed - Unanimously

The court discussed the adoption of FY24 Compensation Plan.

Sara Ann Luther, Human Resource Director, gave an update about the FY24 compensation plan.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to adopt the FY24 Compensation Plan.

Vote: 4 - 0 Passed - Unanimously

The court discussed the approval to accept and sign the Notice of Grant Award for the FY 24 MVCPA grant for the Heart of Texas Auto Theft Task Force.  Participants include Burnet, Coryell, and McLennan Counties.  Williamson County also has the option to join at a later time. The total grant amount is $664,313.00. Match will come from Program Income from 69A inspections and McLennan County.  Additional match will come from Williamson County if they choose to join within the Fiscal Year.  Grant Period is 9/1/23 – 8/31/24.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the approval to accept and sign the Notice of Grant Award for the FY 24 MVCPA grant for the Heart of Texas Auto Theft Task Force. Participants include Burnet, Coryell, and McLennan Counties. Williamson County also has the option to join at a later time. The total grant amount is $664,313.00 Match will come from Program Income from 69A inspections and McLennan County. Additional match will come from Williamson County if they choose to join within the Fiscal Year. Grant Period is 9/1/23 – 8/31/24.

Vote: 4 - 0 Passed - Unanimously

The court took no action on this agenda item.

The court took no action on this agenda item.

The court took no action on this agenda item.

The court acknowledged the Receipts:        

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

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve items A through M, and item B be paid out of the ARPA funds.

Vote: 4 - 0 Passed - Unanimously

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

Karin Smith, County Auditor, gave an update on 3 active bids posted on the website and are under review.

The court took no action on this agenda item.

The court discussed the Consent Agenda and require no deliberation by the Commissioner’s Court.  Any item from this agenda may be considered separately:

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Consent Agenda in its entirety.

Vote: 4 - 0 Passed - Unanimously

The court has no previous agenda items.

The court reviewed the calendar.

The court discussed the disbursement of budgeted salary to the Burnet County Judge for time period of suspension.

Craig Crosgrove addressed the court and stated he is against item 26 and 27. 
Deidra Robinson addressed the court about the back pay and requested the court to wait until the process is over.
Patricia Cope addressed the court about reimbursement and does not consent paying back pay until found not guilty of all charges.
Madeline Highsmith addressed the court and withdrew consent of paying back pay until found not guilty of all charges.
Mark Strakee addressed the court and is for paying back pay. 
Fernando Albornoz addressed the court and asked the court to take no action on this agenda item.
Commissioner Luther addressed the court and made a public comment.
Commissioner Beierle addressed the court and said he thinks it's premature and too early to vote on this item.
Patricia Cope addressed the court and asked the court to postpone the item until the appeals are completed.

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the disbursement of budgeted salary to the Burnet County Judge for time period of suspension.
Roll Call Vote: Comm. Luther, Aye; Comm. Dockery, Aye; Comm. Beierle, Abstain.

Eddie Arrerodondo, County Attorney, addressed the court and said that the majority vote counts 2-0, motion will pass.

Vote: 2 - 0 Passed

Other:

County Judge James Oakley (Absent)
Commissioner Precinct 2 Damon Beierle (Abstain)

The court discussed the reimbursement of legal fees for Hon. James Oakley related to the “Not Guilty” finding in CR 02179, 33^rd Judicial District Court, Blanco County for the charge of Abuse of Official Capacity.  As per Sec. 157.901 TX Loc. Gov. Code and TX Attorney General Opinion KP-0037 (2015), such reimbursement is subject to a finding by the Commissioners Court that such a payment is primarily for a public interest and not merely for the personal interest of James Oakley.  Further, such reimbursement is subject to a second finding by the Commissioners Court that the prosecution was for actions taken by James Oakley that was within the scope of his official duties.

Comm. Dockery read to the court an order that was prepared.
Deidra Robertson addressed the court and asked the court not to pay for his legal fees.
Fernando Albornoz addressed the court on this item.
Mark McDonald addressed the court on this item.
Beverly Graham addressed the court on this item.
Mark Strakee addressed the court on this item.

The court took no action on this agenda item.

Commissioner Dockery adjourned the meeting at 11:44 a.m. as there was no further business to discuss.