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 October 10, 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 three (3) minutes per person.
 
4.  Discussion and/or action regarding approval of Commissioners Court Rules of Conduct and Decorum. Rules include the setting of policy in regards to public comment at each Commissioners Court meeting. (Oakley)
 
5.  Discussion and/or action regarding National Friends of the Library Week Proclamation October 15^th – 21st (Oakley)
 
6.  Discussion and/or action concerning amending the current yearly allowances for uniform purchase (from $200 - $300) and prescription safety glasses (from $130-$150). (Beierle)
 
7.  Discussion and/or action regarding potential findings and orders to be issued by the Commissioners Court regarding nuisances as defined by Texas Health & Safety Code chapter 343 existing at 208 Deer Springs Dr. BCAD property ID #116184 which is within the confines of Burnet County. (Oakley)
 
8.  Discussion and/or action regarding approval to apply for a grant for VETRIDES from 2024-2025 Texas Veterans Commission Fund for Veterans General Assistance. Grant Period is 7/1/2024-6/30/2025. (Oakley)
 
9.  Discussion and/or action concerning permission to accept grant for FY2024 Rifle-Restraint body Arbor Grant program with the Office to the Governor, Criminal Justice Division for patrol officers, constables and transport officers. (Oakley)
 
10.  Discussion and/or action regarding the request and recommendation of the re-appointment of Cary Johnson, Dr. Amy Van Dorfy, and Charity Taber to the Burnet County Hospital Authority Board. (Oakley)
 
11.  Discussion and/or action regarding 33^rd & 424 Judicial District Courts Administrative Order setting compensation and expenses of Auditor and Assistants of Burnet County. (Oakley)
 
12.  Discussion and/or action regarding33^rd & 424 Judicial District Courts Administrative Order setting compensation and expenses of Court Reporters. (Oakley)
 
13.  Discussion and/or action regarding Commissioners Court moving the regularly scheduled meeting from December 26, 2023 to December 21, 2023. (Oakley)
 
14.  Discussion and/or action concerning the release of Performance Bond #4405249 for the Hurst Place Subdivision, Phases 3 and 4. (Beierle)
 
15. Discussion and/or action concerning the release of Performance Bond #4404816 for the Hurst Place Subdivision, Phase 5. (Beierle)
 
16. Discussion and/or action concerning the release of the maintenance portion of CMB-19-10-8 in the amount of $67,500 for Miller Creek Ranch, Phase 1A. (Beierle)
 
17. Discussion and/or action concerning the release of Maintenance Bond #4405237 for Miller Creek Ranch, Phase 1A. (Beierle)
 
18. Discussion and/or action concerning the release of the maintenance portion of CB-20-11-24-1 in the amount of $48,964 for Miller Creek Ranch, Phase 3. (Beierle)
 
19. Discussion and/or action concerning the release of the maintenance portion of CB-21-2-23 in the amount of $82,110.60 for Miller Creek Ranch, Phase 4. (Beierle)
 
20. Discussion and/or action concerning the release of Performance Bond #4405236 for Miller Creek Ranch, Phase 6. (Beierle)
 
21. Discussion and/or action concerning the release of the maintenance portion of BC-21-3-23-2 in the amount of $91,749.90 for Miller Creek Ranch, Phase 5. (Beierle)
 
22. Discussion and/or action concerning the replat of lot 39, Thomas Ranch, Section 1, to be known as lots 391-400, Thomas Ranch, Section 1. (Dockery)
 
23. Discussion and/or action concerning the preliminary plat approval for Ranch Road 322, a private subdivision consisting of 14 lots on 114.63 acres, located in the 600 block of CR 322. (Wall)
 
24. Discussion and/or action concerning the preliminary plat approval for Spicewood Office Subdivision, a private subdivision consisting of 1 lot on 6 acres located at 901 Spur 191.  (Dockery)
 
25. Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations pertaining to the groundwater availability study requirements for the Hollingsworth Business Park South. (Dockery)
 
26. Discussion and/or action concerning the appointment of William Proffer to the ESD Board #2. (Luther)
 
27. Discussion and/or action concerning the renewal of the current Burnet County Burn Ban. (Oakley)
 
28. Discussion and/or action concerning the Child Abuse Prevention Fund (CCP102.178).  (Oakley)
 
29. Discussion and/or action regarding approval of signing the FY2024 MOU with Burnet County Sheriff’s Office and Bluebonnet Trails Community Services for $106,389 for Crisis Diversion Program. (Oakley)
 
30. Discussion and/or action regarding setting Burnet County Commissioners Court policy regarding live streaming Commissioners Court meetings. Said action may include approval to purchase necessary equipment should live streaming be approved. (Beierle)
 
31. Discussion and/or action to accept updated deed to Briggs Community Center previously accepted by Burnet County as county property. Said deed update is due to Scribner error. (Beierle)
 
32. Discussion and/or action to authorize the return of the $15,000 donation for the Animal Shelter Architect upon request from the donor. (Oakley)
 
33.  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).      
           
34. Reconvene in Open Session. 
 
35. 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.         
  
36.  Discussion and/or action regarding Department Updates: 
 
37.  Acknowledgement of Receipt: 
            a. Marble Falls AEMS – Burnet County Update
            b. Burnet Fire Department last qtr. response times update.
            c. Approval of Treasurer’s monthly report – August 2023
 
38.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:  
39.  Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings:
             
40.  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:           
41.  Discussion regarding any previous agenda items.
 
42.  Calendar Review.
 
43.  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 SecurityIssues).  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.

Dewey Hollingsworth led the Invocation and Pledge of Allegiance to the flags.

Judge Oakley recognized Steve Anderson's flag donation to the County. 

Claire Nybro spoke about the upcoming November election and the voting system.
Madelon Highsmith spoke about the election administrator's bond requirements.
Patricia Cope spoke regarding elections.
Deidra Robertson spoke regarding questions of the audit, how much it is and why Baker Tilley.  Also, wanting to advocate for live streaming meetings for transparency.
Mark McDonald spoke regarding dam security and homeland security.
Steve Anderson spoke regarding Briggs gift donation.



 

The court discussed amending the current yearly allowances for uniform purchase (from $200 - $300) and prescription safety glasses (from $130-$150).

Comm. Beierle spoke about amending the allowances for uniforms and safety glasses.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve amending the current yearly allowances for uniform purchase (from $200 - $300) and prescription safety glasses (from $130-$150).

Vote: 4 - 0 Passed - Unanimously

The court discussed the National Friends of the Library Week Proclamation October 15^th – 21st.

Colleen Davis, President of the Board of the Herman Brown Free Library, addressed the court about the proclamation of the National Friends Library week of October 15th-21st.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the National Friends of the Library Week Proclamation on October 15^th – 21st.

Vote: 4 - 0 Passed - Unanimously

The court discussed potential findings and orders to be issued by the Commissioners Court regarding nuisances as defined by Texas Health & Safety Code chapter 343 existing at 208 Deer Springs Dr. BCAD property ID # 116184 which is within the confines of Burnet County.

Paul Kowalik,  Sheriff Environmental Deputy, spoke regarding the residence.

Eddie Arredondo, County Attorney, gave his recommendations.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the order to be issued by the Commissioners Court regarding nuisances as defined by Texas Health & Safety Code chapter 343 existing at 208 Deer Springs Dr. BCAD property ID # 116184 which is within the confines of Burnet County.

Vote: 4 - 0 Passed - Unanimously

The court discussed to apply for VETRIDES from 2024-2025 Texas Veterans Commission Fund for Veterans General Assistance. Grant Period is 7/1/2024-6/30/2025.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the grant for VETRIDES from 2024-2025 Texas Veterans Commission Fund for Veterans General Assistance. Grant Period is 7/1/2024-6/30/2025.

Vote: 4 - 0 Passed - Unanimously

The court discussed to accept the grant for FY2024 Rifle-Restraint body Armor Grant program with the Office to the Governor, Criminal Justice Division for patrol officers, constables and transport officers.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to accept grant for FY2024 Rifle-Restraint body Armor Grant program with the Office to the Governor, Criminal Justice Division for patrol officers, constables and transport officers.

Vote: 4 - 0 Passed - Unanimously

The court discussed the request and recommendation of the re-appointment of Cary Johnson, Dr. Amy Van Dorfy, and Charity Taber to the Burnet County Hospital Authority Board.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the request and recommendation of the re-appointment of Cary Johnson, Dr. Amy Van Dorfy, and Charity Taber to the Burnet County Hospital Authority Board.

Vote: 4 - 0 Passed - Unanimously

The court discussed 33^rd & 424 Judicial District Courts Administrative Order setting compensation and expenses of Auditor and Assistants of Burnet County.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the 33^rd & 424 Judicial District Courts Administrative Order setting compensation and expenses of Auditor and Assistants of Burnet County.

Vote: 4 - 0 Passed - Unanimously

The court discussed the 33^rd & 424 Judicial District Courts Administrative Order setting compensation and expenses of Court Reporters.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the 33^rd & 424 Judicial District Courts Administrative Order setting compensation and expenses of Court Reporters.

Vote: 4 - 0 Passed - Unanimously

The court discussed moving the Commissioners Court regularly scheduled meeting from December 26, 2023 to December 21, 2023.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve moving the regular scheduled meeting from December 26, 2023 to December 21, 2023.

Vote: 4 - 0 Passed - Unanimously

The court discussed the release of Performance Bond #4405249 for the Hurst Place Subdivision, Phases 3 and 4.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of Performance Bond #4405249 for the Hurst Place Subdivision, Phases 3 and 4.

Vote: 4 - 0 Passed - Unanimously

The court discussed the release of Performance Bond #4404816 for the Hurst Place Subdivision, Phase 5.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of Performance Bond #4404816 for the Hurst Place Subdivision, Phase 5.

Vote: 4 - 0 Passed - Unanimously

The court discussed the release of the maintenance portion of CMB-19-10-8 in the amount of $67,500 for Miller Creek Ranch, Phase 1.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of the maintenance portion of CMB-19-10-8 in the amount of $67,500 for Miller Creek Ranch, Phase 1.

Vote: 4 - 0 Passed - Unanimously

The court discussed the release of Maintenance Bond #4405237 for Miller Creek Ranch, Phase 1A.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of Maintenance Bond #4405237 for Miller Creek Ranch, Phase 1A.

Vote: 4 - 0 Passed - Unanimously

The court discussed the release of the maintenance portion of CB-20-11-24-1 in the amount of $48,964 for Miller Creek Ranch, Phase 3.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of the maintenance portion of CB-20-11-24-1 in the amount of $48,964 for Miller Creek Ranch, Phase 3.

Vote: 4 - 0 Passed - Unanimously

The court discussed the release of the maintenance portion of CB-21-2-23 in the amount of $82,110.60 for Miller Creek Ranch, Phase 4.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of the maintenance portion of CB-21-2-23 in the amount of $82,110.60 for Miller Creek Ranch, Phase 4.

Vote: 4 - 0 Passed - Unanimously

The court discussed the release of Performance Bond #4405236 for Miller Creek Ranch, Phase 6.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of Performance Bond #4405236 for Miller Creek Ranch, Phase 6.

Vote: 4 - 0 Passed - Unanimously

The court discussed the release of the maintenance portion of BC-21-3-23-2 in the amount of $91,749.90 for Miller Creek Ranch, Phase 5.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the release of the maintenance portion of BC-21-3-23-2 in the amount of $91,749.90 for Miller Creek Ranch, Phase 5.

Vote: 4 - 0 Passed - Unanimously

The court discussed the replat of lot 39, Thomas Ranch, Section 1, to be known as lots 391-400, Thomas Ranch, Section 1.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the replat withholding signatures of lot 39, Thomas Ranch, Section 1, to be known as lots 391-400, Thomas Ranch, Section 1.

Vote: 4 - 0 Passed - Unanimously

The court discussed the preliminary plat approval for Ranch Road 322, a private subdivision consisting of 14 lots on 114.63 acres, located in the 600 block of CR 322.

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the preliminary plat approval for Ranch Road 322, a private subdivision consisting of 14 lots on 114.63 acres, located in the 600 block of CR 322.

Vote: 4 - 0 Passed - Unanimously

The court discussed the preliminary plat approval for Spicewood Office Subdivision, a private subdivision consisting of 1 lot on 6 acres located at 901 Spur 191.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the preliminary plat approval for Spicewood Office Subdivision, a private subdivision consisting of 1 lot on 6 acres located at 901 Spur 191.

Vote: 4 - 0 Passed - Unanimously

The court discussed a variance from the Burnet County Subdivision Regulations pertaining to the groundwater availability study requirements for the Hollingsworth Business Park South.

Dewey Hollingsworth spoke about groundwater availability.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 4 Joe Don Dockery motion failed due to lack of majority vote.

Vote: 2 - 2 Failed

Nay:

Commissioner Precinct 2 Damon Beierle
Commissioner Precinct 3 Billy Wall

The court discussed the appointment of William Proffer to the ESD Board #2.

Motion is made by: County Judge James Oakley, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the appointment of William Proffer to the ESD Board #2.

Vote: 4 - 0 Passed - Unanimously

The court discussed the renewal of the current Burnet County Burn Ban.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the renewal of the current Burnet County burn ban.

Vote: 4 - 0 Passed - Unanimously

The court discussed the Child Abuse Prevention Fund (CCP102.178). 

Karin Smith, County Auditor, spoke about the Child Abuse Prevention Fund (CCP102.178) and how the funds can be allocated.

The court took no action on this agenda item.

The court discussed the approval of signing the FY2024 MOU with Burnet County Sheriff’s Office and Bluebonnet Trails Community Services for $106,389 for Crisis Diversion Program.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve the signing the FY2024 MOU with Burnet County Sheriff’s Office and Bluebonnet Trails Community Services for $106,389 for Crisis Diversion Program.

Vote: 4 - 0 Passed - Unanimously

The court discussed the Commissioners Court policy regarding live streaming Commissioners Court meetings. Said action may include approval to purchase necessary equipment should live streaming be approved.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve up to $5000.00 maximum and to be expensed out of the court technology fund.

Vote: 4 - 0 Passed - Unanimously

The court discussed to accept updated deed to Briggs Community Center previously accepted by Burnet County as county property. Said deed update is due to Scribner error.

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the updated deed to Briggs Community Center previously accepted by Burnet County as county property. Said deed update is due to Scribner error.

Vote: 4 - 0 Passed - Unanimously

The court discussed authorizing the return of the $15,000 donation for the Animal Shelter Architect upon request from the donor.

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve to authorize the return of the $15,000 donation for the Animal Shelter Architect upon request from the donor.

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.

Doug Ferguson, Elections Administrator, gave an update regarding his lack of documents and presented his oath and statements to be filed.

Blair Manning, Tourism Director, spoke regarding the annular eclipse. 

The court acknowledged receipts:

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to approve the Treasurer's monthly report for August 2023.

Vote: 4 - 0 Passed - Unanimously

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

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Chamber Contract for Burnet, Marble Falls & Kingsland, Interlocal contract amendment for Next Generation 911 database, Contract with Tyler Technology for Tyler Jury Software, Contract labor agreement with DIJ Construction and Burnet County Precinct 4 for CR 404 striping, Professional services agreement with Sophie McCoy as VETRIDE Administrator of Burnet County, Sponsorship from the Burnet County Tourism Dept. for Fall Affair/Beloved Gallery 2-day event, Sponsorship from the Burnet County Tourism Dept. for Taste of Highland lakes/Kingsland.

Vote: 4 - 0 Passed - Unanimously

The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings:
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: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Consent Agenda in its entirety.

Vote: 4 - 0 Passed - Unanimously

Casie Walker, District Clerk, thanked Eddie Arredondo, County Attorney, and Karin Smith, County Auditor, for their help with the Tyler Jury Contract.

The court reviewed the calendar.

The court discussed approval of Commissioners Court Rules of Conduct and Decorum. Rules include the setting of policy in regards to public comment at each Commissioners Court meeting.

Comm. Wall, asked about first amendment rights.  
Comm. Beierle suggested that attachments be in each agenda item and each agenda item have a public comment section.
Madelon Highsmith, spoke and is against decorum.
Patricia Cope spoke and is against decorum.
Claire Nybro spoke and is against decorum.
Comm. Wall discussed the public signing up for agenda items.
Vicinta Stafford, County Clerk, commented about the constitutional court and the judicial court.
Comm. Wall and Comm. Dockery withdrew their motion.

The court took no action on this agenda item.






 

Judge Oakley adjourned the meeting at 11:30 a.m. as there is no further business to discuss.