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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 26th day of September 2023, the Burnet County Commissioners Court met in regular session. The following members of the court were present:
Present:
County Judge James Oakley; Commissioner Precinct 1 Jim Luther, Jr.; Commissioner Precinct 2 Damon Beierle; Commissioner Precinct 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Attendees:
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 September 26, 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 – Pursuant to Texas Government Code 551.007 (b), any person may make comment on any item appearing on the agenda.  Any comments made will not be addressed by the Commissioners Court during the Public Comments agenda items. Public Comments are limited to two minutes per person.
 
4. Discussion and/or action regarding presentation of donation basket fundraiser held in conjunction with the 2023 Burnet County Picnic to the Highland Lakes Christmas is for kids, Burnet County Santa’s Helpers, and Granite Shoals Christmas Outreach. (Oakley)
 
5.  Discussion and/or action regarding Texas 4-H Week Proclamation October 1st -7th, and Texas Extension Education Week Proclamation October 1st – 7th. (Oakley)
 
6. Discussion and/or action regarding approval to except and sign Statement of Grant Award for year 3 continuation of the grant with Texas Indigent Defense Commission for FY 2023 Indigent Defense Improvement Grant for the North Hill Country Public Defender’s Office. (Oakley)
 
7. Discussion and/or action concerning waiver of property tax penalties and interest on S3955 Cross Timber Ranch, Lot 45, Burnet Texas, Blk 5.90 (Oakley)
 
8. Discussion and/or action concerning setting Sheriff and Constable Fees for FY 2024. (Oakley)
 
9. Discussion and/or action regarding the County Choice Silver (retiree health) renewal. (Oakley)
 
10. Discussion and/or action concerning the setting of FY 23-24 Commissioners Court regular meetings as required by Local Government Code 81.005. (Oakley)
 
11. Discussion and/or action regarding interlocal agreement with the Regional Public Defender of Capital Cases. (Oakley)
 
12. Discussion and/or action regarding clarification of Burnet County Policy for budget transfers by county department. (Oakley)
 
13. Discussion and/or action regarding the donation acceptance of the donation of the Briggs Community Center building to Burnet County by Briggs Community Center, Inc. (Beierle)
 
14. Discussion and/or action regarding permission from the Commissioners Court to donate any surplus code books, (2015 and prior), to the “Old Books for New Lawyers” organization. (Oakley)
 
15. Discussion and/or action concerning nominations for the Burnet Central Appraisal District Board of Directors. (Oakley)
 
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).      
 a. Discussion regarding potential purchase of real estate
 
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.         
 
19.  Discussion and/or action regarding Department Updates: 
 
20.  Acknowledgement of Receipt: 
a. Texas Commission on Environmental Quality notice of application for an air quality standard permit for an animal carcass incinerator
 
21. Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Approval of tower site agreement between Burnet County and Heritage   Broadband, LLC. Said agreement calls for the use of antenna space and cable connections by said company at a tower located at Burnet County Pct. #2 barn. Said agreement is non-exclusive and allows Burnet County to receive no cost internet service at the barn.
b. Approval of proposal with Baker Tilly for forensic audit.
c. Purchase agreement with Xerox for the 2 copiers for JP3 & JP4
d. Contract with Tyler Technology for Tyler Jury Software.
e. Action regarding the annual subscription for Hot Docs requested by the County Attorney’s Office for CPS cases.
f. Approval of Shirley Hopkins as an Independent Contractor for Vetrides.
g. Amendment with GrantWorks changing the ration of the grant to match from 75/25 to 90/10.
h. Sponsorship from the tourism funds for Briggs 100-year Celebration ($1500)
             
22.  Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings:
             
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. 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.
 
 
Item #1:
Call to Order
Judge Oakley called the meeting to order at 9:00 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
Judge Oakley gave a moment of silence for Andy Field. Judge Oakley led the court in the Pledge of Allegiance to the Flags.
 
Item #3:
Public Comments
Claire Nybro addressed the court about the elections and voting machines.
Mark McDonald addressed the court about border security in Burnet County.
Attachments:
 
Item #5:
Texas 4-H Week Proclamation and Texas Extension Education Week Proclamation
The court discussed Texas 4-H Week Proclamation October 1st -7th, and Texas Extension Education Week Proclamation October 1st – 7th.

Kelly Tarla, Avery Meredith and Mason Meredith with the Texas A&M AgriLife, presented to the court two Proclamations for 4-H Week October 1st -7th.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to adopt the Texas 4-H Week Proclamation October 1st -7th.

Vote: 5 - 0 Passed - Unanimously

Kailey Roberts, Family Community Health Agent, discussed the Texas Extension Education Week Proclamation October 1st -7th.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to adopt the Texas Extension Education Week Proclamation October 1st – 7th.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Grant with Texas Indigent Defense Commission
The court discussed approval to except and sign Statement of Grant Award for year 3 continuation of the grant with Texas Indigent Defense Commission for FY 2023 Indigent Defense Improvement Grant for the North Hill Country Public Defender’s Office.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the Statement of Grant Award for year 3 continuation of the grant with Texas Indigent Defense Commission for FY 2023 Indigent Defense Improvement Grant for the North Hill Country Public Defender’s Office

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Waiver of penalties Cross Timber Ranch, Lot 45
The court discussed a waiver of property tax penalties and interest on S3955 Cross Timber Ranch, Lot 45, Burnet Texas, Blk 5.90.

The court took no action on this agenda item.
 
Item #8:
Sheriff and Constable Fees for FY 2024
The court discussed setting Sheriff and Constable Fees for FY 2024.

Vicinta Stafford, County Clerk, addressed the court about the Sheriff and Constable Fees for FY 24 and stated it would continue with no changes.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Sheriff and Constable Fees for FY 2024.

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
County Choice Silver (retiree health) renewal
The court discussed the County Choice Silver (retiree health) renewal.

Sara Ann Luther, Human Resource Director, addressed the court about the renewal process for Medicare supplement plan. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the County Choice Silver (retiree health) renewal.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
FY 23-24 Commissioners Court regular meetings as required by Local Government Code 81.005
The court discussed the setting of FY 23-24 Commissioners Court regular meetings as required by Local Government Code 81.005.
Judge Oakley discussed the Commissioners Court meeting and keeping them set for the 2nd and 4th Tuesday of the month.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve setting of FY 23-24 Commissioners Court regular meetings as required by Local Government Code 81.005.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Interlocal agreement with Regional Public Defender of Capital Cases
The court discussed the interlocal agreement with the Regional Public Defender of Capital Cases.

The court took no action on this agenda item.
 
Item #12:
Policy for budget transfers by county department
The court discussed clarification of Burnet County Policy for budget transfers by county department. 
Judge Oakley and Karin Smith, County Auditor, addressed the court about the line item budget transfers. 
Alan Trevino, Chief Deputy, addressed the court about line item transfers for the sheriff's department.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve clarification of Burnet County Policy for budget transfers by county department.

Vote: 5 - 0 Passed - Unanimously

 
Item #23d:
Consent Agenda
The court discussed Consent Agenda and require no deliberation by the Commissioner’s Court.  Any item from this agenda may be considered separately: 
d.  Consideration and authorization of payment of claims previously approved by the County Auditor.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve payment of claims previously approved by the County Auditor.

Vote: 5 - 0 Passed - Unanimously

 
Item #4:
Donations from the 2023 County Picnic
The court discussed the presentation of the donation basket fundraiser held in conjunction with the 2023 Burnet County Picnic to the Highland Lakes Christmas is for kids, Burnet County Santa’s Helpers, and Granite Shoals Christmas Outreach. 
Vicinta Stafford, County Clerk, presented donations to Highland Lakes Christmas is for kids, Granite Shoals Christmas Outreach and Burnet County Santa's Helpers. 
 
Item #13:
Donation for Briggs Community Center
The court discussed the donation acceptance of the donation of the Briggs Community Center building to Burnet County by Briggs Community Center, Inc.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the donation acceptance of the donation of the Briggs Community Center building to Burnet County by Briggs Community Center, Inc.

Vote: 5 - 0 Passed - Unanimously

 
Item #21h
Contracts, Agreements or Grants
The court discussed sponsorship from the tourism funds for Briggs 100-year Celebration ($1500).
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve sponsorship from the tourism funds for Briggs 100-year Celebration ($1500).

Vote: 4 - 0 Passed

Other:
Commissioner Precinct 2 Damon Beierle (Abstain)
 
Item #14
Commissioners Court donate surplus code books, (2015 and prior)
The court discussed permission from the Commissioners Court to donate any surplus code books, (2015 and prior), to the “Old Books for New Lawyers” organization.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve permission from the Commissioners Court to donate any surplus code books, (2015 and prior), to the “Old Books for New Lawyers” organization.

Vote: 5 - 0 Passed - Unanimously

 
Item #15:
Nominations for BCAD Board of Directors
The court discussed nominations for the Burnet Central Appraisal District Board of Directors.

The court took no action on this agenda item.
Attachments:
 
Item #19:
Department Updates
Vicinta Stafford, County Clerk, acknowledged Karrie Crownover, County Treasurer, was sworn in as the president of the County Treasurer's Association of Texas.
Karrie Crownover, County Auditor, spoke about being honored and representing Burnet County.
Derek Marchio, Emergency Management Coordinator, gave an update on the drought and fire situation.
 
Item #20
Acknowledgement of Receipt
The court acknowledged Receipt.
a. Texas Commission on Environmental Quality notice of application for an air quality standard permit for an animal carcass incinerator
Attachments:
 
Item #21
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
 a. Approval of tower site agreement between Burnet County and Heritage Broadband, LLC. Said agreement calls for the use of antenna space and cable connections by said company at a tower located at Burnet County Pct. #2 barn. Said agreement is non-exclusive and allows Burnet County to receive no cost internet service at the barn.
b. Approval of proposal with Baker Tilly for forensic audit.
c. Purchase agreement with Xerox for the 2 copiers for JP3 & JP4
d. Contract with Tyler Technology for Tyler Jury Software.
e. Action regarding the annual subscription for Hot Docs requested by the County Attorney’s Office for CPS cases.
f. Approval of Shirley Hopkins as an Independent Contractor for Vetrides.
g. Amendment with GrantWorks changing the ration of the grant to match from 75/25 to 90/10

Karin Smith, County Auditor, requested to remove item d from the agenda.
Calvin Boyd, County Sheriff, addressed the court about item b and ask if it was about his department.
Janet Parker requested the audit be widened to include previous problems.
Patricia Cope requested additional things be added to the audit.

Item h was previously discussed.
 
 
Recessed at 10:45 a.m.
 
Reconvened 10:50 a.m.
 
Item #21
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a. Approval of tower site agreement between Burnet County and Heritage Broadband, LLC. Said agreement calls for the use of antenna space and cable connections by said company at a tower located at Burnet County Pct. #2 barn. Said agreement is non-exclusive and allows Burnet County to receive no cost internet service at the barn.
b. Approval of proposal with Baker Tilly for forensic audit.
c. Purchase agreement with Xerox for the 2 copiers for JP3 & JP4
d. Contract with Tyler Technology for Tyler Jury Software.
e. Action regarding the annual subscription for Hot Docs requested by the County Attorney’s Office for CPS cases.
f. Approval of Shirley Hopkins as an Independent Contractor for Vetrides.
g. Amendment with GrantWorks changing the ration of the grant to match from 75/25 to 90/10

Eddie Arredondo, County Attorney, addressed the court about the overtime.
Karin Smith, County Auditor, updated on her role in complaint.
Sara Ann Luther, Human Resource Director, received a call from the Texas Rangers and did not investigate.
Karin Smith, County Auditor, received a call from the Texas Rangers as well.
Calvin Boyd, County Sheriff, spoke about the audit.
 

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve items a-c and e-g

Vote: 5 - 0 Passed - Unanimously

 
Item #22:
Bid and Bid Openings
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings.
Karin Smith, County Auditor, commented on a bid opening for RFP Architectural Services for Animal Shelter Facility. 
 
Item #23:
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, excluding item d.

Vote: 5 - 0 Passed - Unanimously

Attachments:
 
Item #24:
Previous agenda items
Patricia Cope, addressed the court and asked to have agenda items #13 and #14 in the previous Commissionors Courts minutes be added.

The court has no previous agenda items.
 
Item #25
Calendar review
The court reviewed the calendar.
 
Item #16
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 potential purchase of real estate
Judge Oakley invited Eddie Arredondo, County Attorney and Karin Smith, County Auditor, into Executive Session.
 
 
 
Item #17
Reconvened in Open Session at 11:22 a.m.
 
Item #18
Executive Session
The court discussed items in Executive Session and take up for Consideration and possible action, pursuant to Chapter 262, Texas Local Government Code.  
Comm. Luther was no longer present.       
 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve and give Judge Oakley the ability to move forward.

Vote: 4 - 0 Passed

 
Item #26:
Adjournment
Judge Oakley adjourned the meeting at 11:25 a.m. as there was no further business to discuss.