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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 24th day of October 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 3 Billy Wall; Commissioner Precinct 4 Joe Don Dockery
Absent:
Commissioner Precinct 2 Damon Beierle
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 October 24, 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 item.  Public Comments are limited to three (3) minutes per person.
 
4.  Discussion and/or action regarding updating current Rules of Conduct for Commissioners Court meeting, previously approved February 12, 2007 (Oakley)
 
5.  Discussion and/or action concerning ordering a survey and deed record research for the property related to Oakalla School House/Community Center and Volunteer Fire Dept. (Oakley)
 
6.  Discussion and/or action regarding the acceptance of donations for the Precinct 4 Thanksgiving luncheon (Dockery)
 
7.  Discussion and/or action regarding the approval of a bond for Doug Ferguson, Elections Administrator (Oakley/Stafford)
 
8.  Discussion and/or action regarding the Child Abuse Prevention Fund and potential disbursements to qualified entities (Oakley)
 
9.  Discussion and/or action regarding the Optional County Safety Fund and the identifying of qualified organizations to receive funding.  Discussion and action may include the awards of funds (Oakley/Smith)
 
10.  Discussion and/or action concerning the release of the maintenance portion of cash bond CB-21-0-28, in the amount of $29,000 for the SLM Ranch Subdivision (Luther)
 
11.  Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Stanley O. Cozby for a 5.18 acre tract out of BCAD parcel 108588 located in the 2500 block of CR 403 (Dockery)
 
12.  Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Rocky Parks for a 2 acre tract out of a 7 acre tract identified as BCAD parcel 102057, located in the 300 Block of Cee Run Road (Wall)
 
13.  Discussion and/or action concerning a replat of Lot 19A, Block B, The Oaks at Spicewood to be known as Lots 19B and 19C, Block B, The Oaks at Spicewood, creating 2 lots out of 1 (Dockery)
 
14.  Discussion and/or action concerning a replat of Lots 4 and 5, Kingsland Hills, Block A, Sec. 1, to be known as Lot 4A, Kingsland Hills, Block A, Sec. 1, a combination of 2 lots into 1 (Luther)
 
15.  Discussion and/or action concerning a replat of Lots 739 and 740, Sherwood Shores III-B, to be known as Lot 739A, Sherwood Shores III-B, a combination of 2 lots into 1 (Luther)
 
16.  Presentation of Preliminary findings from the groundwater study for Burnet County by Dr. Neil Deeds, with Intera (Oakley)
 
17.  Discussion and/or action regarding a preliminary plat for the Bluffs at Yancy Creek, a private subdivision consisting of 53 lots on 318.61 acres located in the 1500 block of CR 105 (Luther)
 
18.  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).      
       
19. Reconvene in Open Session. 

20. 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.         
  
21.  Discussion and/or action regarding Department Updates: 
 
22.  Acknowledgement of Receipt: 
a.  TCEQ Notice of Receipt of Application and Intent to Obtain Water Quality Permit
b.  MIS Summary
c.  Texas Commission on Jail Standards letter
           
23.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a.  Inmate Housing Agreement with Lamb County, and Collin County
b.  Agreement with DebtBook For GASB 96 software
c.  Approval to apply and sign the resolution for the FY 2024 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission
d.  Ratify signature for the Reliable Tire Agreement for the tire trailer for the HHW Collection event scheduled for October 21, 2023
e.  Vista DMS3 Server license Agreement for Elections
f.  Aramark Correctional Services Amendment #3 for Commissary Services
g.  Interlocal Contract Amendment for Next Generation 911 Database
h.  Kologik LLC Software Service Agreement Constable 4, Constable 2 and Constable
i.  Tourism Sponsorships for the following events:  Christmas on the Square ($1500); Bertram Country Christmas ($1000); Walkway of Lights ($1500); Hill Country Downhill ($500)
j.  Work Order No. 23-280 with KC Engineering for design services for CTY Rd. 401N
k.  Enterprise Systems quote for 100 Rainbow user licenses
 
 24.  Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings:
 
 25.  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.
 
26.  Discussion regarding any previous agenda items.
 
27.  Calendar Review.
 
28.  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
Invocation and pledge led by Joe Don Dockery.
 
Item #3:
Public Comments
Claire Nybro spoke regarding agenda 4.

Patricia Cope spoke regarding Open Meetings Handbook and agenda 4.

Mike Kammlah read a scripture and spoke regarding agenda 4.

Mark McDonald spoke regarding border security.
 
Item #4:
Updating current Rules of Conduct for Commissioners Court meeting
The court discussed updating current Rules of Conduct for Commissioners Court meeting, previously approved February 12, 2007.

Judge Oakley spoke regarding his reasoning for the new rules.

Comm. Dockery spoke giving his opinion.

Lisa Whithead read Damon Beierle's statement on the agenda item. 

Comm. Wall spoke giving his opinion.

Mark McDonald, Mike Kammlah and Patricia Cope spoke from the crowd.  

 
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to edit the draft on the Rules of Conduct for Commissioners Court meeting, previously approved February 12, 2007.

Vote: 4 - 0 Passed - Unanimously

 
Item #5:
Oakalla School House/Community Center and Volunteer Fire Dept.
The court discussed ordering a survey and deed record research for the property related to Oakalla School House/Community Center and Volunteer Fire Dept.

Judge Oakley and Herb Darling spoke on this agenda item.

Karin Smith, County Auditor, asked for clarification on funding source.

Judge Oakley clarified it would come from the General Fund.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 3 Billy Wall to approve ordering a survey and deed record research for the property related to Oakalla School House/Community Center and Volunteer Fire Dept

Vote: 4 - 0 Passed - Unanimously

 
Item #6:
Donations for the Precinct 4 Thanksgiving luncheon
The acceptance of donations for the Precinct 4 Thanksgiving luncheon.

The court took no action on this agenda item.
 
Item #7:
Approval of a bond for Doug Ferguson, Elections Administrator
The court discussed the approval of a bond for Doug Ferguson, Elections Administrator.

Judge Oakley stated the bond amount is $10,000.00, the statutory amount required. 
 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the bond for Doug Ferguson, Elections Administrator.

Vote: 4 - 0 Passed - Unanimously

 
Item #8:
Child Abuse Prevention Fund
The court was open for discussion regarding the Child Abuse Prevention Fund and potential disbursements to qualified entities.

The court took no action on this agenda item.
 
Item #9:
Optional County Safety Fund
The court was open for discussion regarding the Optional County Safety Fund and the identifying of qualified organizations to receive funding.  Discussion and action may include the awards of funds.

The court took no action on this agenda item.
 
Item #10:
Cash bond CB-21-0-28, in the amount of $29,000 for the SLM Ranch Subdivision
The release of the maintenance portion of cash bond CB-21-0-28, in the amount of $29,000 for the SLM Ranch Subdivision.

The court took no action on this agenda item.
 
Item #11:
Variance - Stanley O. Cozby
The court discussed a request for a variance from the Burnet County Subdivision Regulations by Stanley O. Cozby for a 5.18 acre tract out of BCAD parcel 108588 located in the 2500 block of CR 403. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve variance from the Burnet County Subdivision Regulations by Stanley O. Cozby for a 5.18 acre tract out of BCAD parcel 108588 located in the 2500 block of CR 403.

Vote: 4 - 0 Passed - Unanimously

 
Item #12:
Variance - Rocky Parks

The court discussed a request for a variance from the Burnet County Subdivision Regulations by Rocky Parks for a 2 acre tract out of a 7 acre tract identified as BCAD parcel 102057, located in the 300 Block of Cee Run Road.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve a request for a variance from the Burnet County Subdivision Regulations by Rocky Parks for a 2 acre tract out of a 7 acre tract identified as BCAD parcel 102057, located in the 300 Block of Cee Run Road.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #13:
Replat of Lot 19A, Block B, The Oaks at Spicewood to be known as Lots 19B and 19C, Block B
The court discussed replat of Lot 19A, Block B, The Oaks at Spicewood to be known as Lots 19B and 19C, Block B, The Oaks at Spicewood, creating 2 lots out of 1.

Jason Jones had a question regarding the use and access of property.

Comm. Dockery stated the Commissioners Court has no zoning authority for purpose of property.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve replat of Lot 19A, Block B, The Oaks at Spicewood to be known as Lots 19B and 19C, Block B, The Oaks at Spicewood, creating 2 lots out of 1.

Vote: 4 - 0 Passed - Unanimously

 
Recessed 9:50 a.m.

Reconvened 9:55 a.m.
 
Item #14:
Replat of Lots 4 and 5, Kingsland Hills, Block A, Sec. 1, to be known as Lot 4A

The court discussed a replat of Lots 4 and 5, Kingsland Hills, Block A, Sec. 1, to be known as Lot 4A, Kingsland Hills, Block A, Sec. 1, 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 4 and 5, Kingsland Hills, Block A, Sec. 1, to be known as Lot 4A, Kingsland Hills, Block A, Sec. 1, a combination of 2 lots into 1.

Vote: 4 - 0 Passed - Unanimously

 
Item #15:
Replat of Lots 739 and 740, Sherwood Shores III-B, to be known as Lot 739A
The court discussed replat of Lots 739 and 740, Sherwood Shores III-B, to be known as Lot 739A, Sherwood Shores III-B, 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 replat of Lots 739 and 740, Sherwood Shores III-B, to be known as Lot 739A, Sherwood Shores III-B, a combination of 2 lots into 1.

Vote: 4 - 0 Passed - Unanimously

 
Item #16:
Presentation by Dr. Neil Deeds, with Intera




Presentation of Dr. Neil Deeds, Intera, presented the court with the preliminary findings from the groundwater study.


 
 
Item #17:
Preliminary plat for the Bluffs at Yancy Creek
The court discussed a preliminary plat for the Bluffs at Yancy Creek, a private subdivision consisting of 53 lots on 318.61 acres located in the 1500 block of CR 105.
 
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve a preliminary plat for the Bluffs at Yancy Creek, a private subdivision consisting of 53 lots on 318.61 acres located in the 1500 block of CR 105.

Vote: 4 - 0 Passed - Unanimously

 
Item #18:
Executive Session
The court took no action on this agenda item.
 
Item #19:
Executive Session
The court took no action on this agenda item.
 
Item #20:
Executive Session
The court took no action on this agenda item.
 
Item #21:
Department Updates
Matt Olds, Senior IT Technican, and Jackie Haynes, Project IT Coordinator, gave update on IT department.

Doug Ferguson, Elections Administrator, stated early voting started Monday
 
Item #22:
Acknowledgement of Receipt
The court acknowledged receipts:
a.  TCEQ Notice of Receipt of Application and Intent to Obtain Water Quality Permit
b.  MIS Summary
c.  Texas Commission on Jail Standards letter
           
 
 
Item #23:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a.  Inmate Housing Agreement with Lamb County, and Collin Count
b.  Agreement with DebtBook For GASB 96 software
c.  Approval to apply and sign the resolution for the FY 2024 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission
d.  Ratify signature for the Reliable Tire Agreement for the tire trailer for the HHW Collection event scheduled for October 21, 2023
e.  Vista DMS3 Server license Agreement for Elections
f.  Aramark Correctional Services Amendment #3 for Commissary Services
g.  Interlocal Contract Amendment for Next Generation 911 Database
h.  Kologik LLC Software Service Agreement Constable 4, Constable 2 and Constable 1
i.  Tourism Sponsorships for the following events:  Christmas on the Square ($1500); Bertram Country Christmas ($1000); Walkway of Lights ($1500); Hill Country Downhill ($500)
j.  Work Order No. 23-280 with KC Engineering for design services for CTY Rd. 401N
k.  Enterprise Systems quote for 100 Rainbow user licenses

Claire Nybro asked what the fee was on Vista DMS3 Server license Agreement for Elections.

Karin Smith, County Auditor responded stating $15,900.00 and the annual recurring amount is $5,600.00.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve items a-k excluding item f. Inmate Housing Agreement with Lamb County, and Collin County, Agreement with DebtBook For GASB 96 software, Approval to apply and sign the resolution for the FY 2024 Formula Grant for Indigent Defense Grant Program from Texas Indigent Defense Commission, Ratify signature for the Reliable Tire Agreement for the tire trailer for the HHW Collection event scheduled for October 21, 2023, Vista DMS3 Server license Agreement for Elections, Aramark Correctional Services Amendment #3 for Commissary Services, Interlocal Contract Amendment for Next Generation 911 Database, Kologik LLC Software Service Agreement Constable 4, Constable 2 and Constable 1, Tourism Sponsorships for the following events: Christmas on the Square ($1500); Bertram Country Christmas ($1000); Walkway of Lights ($1500); Hill Country Downhill ($500), Work Order No. 23-280 with KC Engineering for design services for CTY Rd. 401N, Enterprise Systems quote for 100 Rainbow user licenses

Vote: 4 - 0 Passed - Unanimously

 
Item #24:
Bids and Bid Openings
The court discussed Bids and Bid openings, request for proposals/qualifications and related openings:

Judge Oakley stated we still have an opening for the ROW Acquisition Services Wirtz Dam project.

Karin Smith, County Auditor, stated Jail Inmate Healthcare Services and Architectural Services for Animal Shelter Facility were still open.

Judge Oakley, asked about the new roof for the courthouse at 220 S. Pierce St., needing confirmation that it has already been voted on and still needing RFP.

Karin Smith, County Auditor, confirmed needing RFP and that it was already voted on, just waiting on specs.

The court took no action on this agenda item.



 
 
Item #25:
Consent Agenda
The court discussed the Consent Agenda and require no deliberation by the Commissioner’s Court.  Any item from this agenda may be considered separately:
a. Consideration and approval of any pending personnel issues within the policy
b. Consideration and approval concerning budget amendments.
c. Consideration and approval concerning budget line item transfers.
d. Consideration and authorization of payment of claims previously approved by the County Auditor
e. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
f. Consideration and approval regarding Departmental equipment requests and/or property transfers
g. Correspondence.
 

Motion is made by: Commissioner Precinct 1 Jim Luther, Jr., Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve the Consent Agenda in its entirety.

Vote: 4 - 0 Passed - Unanimously

Attachments:
 
Item #26:
Previous Agenda Items
The court has no previous agenda items.

 
 
Item #27:
Calendar Review
The court reviewed the calendar.

 
 
Item # :
Adjournment
Judge Oakley adjourned the meeting at 10:35 a.m. as there is no further business to discuss.
 
Signature