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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 28th day of  November, 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 November 28, 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 updates to current Rules of Conduct for Commissioners Court meeting previously approved February 12, 2007 (Oakley)
 
5.  Discussion and/or action concerning a Federal Procurement Policy for Burnet County (Oakley/Smith)
 
6.  Discussion and/or action regarding approval of bond for Roxanne Nelson, Justice of the Peace, Pct. 1 (Oakley/Stafford)
 
7.  Discussion and/or action regarding the approval to sign the Office of the Governor, Public Safety Office-CEO/Law Enforcement Certifications and Assurances Form required to comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code. This is required by the Rifle Resistant Vest Grant and the Women’s Victim Advocate Grant (Oakley/Boyd)
 
8.   Discussion and/or action regarding giving approval for a grant from AEDGrant.com which gives Public and Private Entities grants for Automated External Defibrillators at an affordable price.  This program is a corporate-sponsored buy-down funding program that provides grants and discounts for AEDs.  An approved grant can provide up to $1,300 toward the purchase price of an AED.  Submitting applications in no way obligates the purchase of an AED.  The request will be for 40 AEDs for patrol vehicles, constables, RB personnel, and buildings (Oakley/Smith/M. Bindseil)
 
9.    Discussion and/or action concerning the approval of Treasure’s monthly report for October 2023 (Oakley/Crownover)
 
10.  Discussion and/or action regarding the release of Subdivision Performance Bond #4438076 for River Hills Ranch, Phase 2A and the acceptance of Maintenance Bond #4438076 for a period of 2 years from this date (Beierle)
 
11.  Discussion and/or action regarding the replat of Lots 122 and 123, The Ranches at Canyon Creek, Phase III, to be known as Lot 122A, The Ranches of Canyon Creek, Phase III, a combination of 2 lots into 1 (Wall)
 
12.  Discussion and/or action regarding the approval for Road & Bridge Pct. 3 to purchase road equipment in the amount of $57,595.50 (Wall)
 
13.  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).      
           
14. Reconvene in Open Session. 
 
15. 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.         
 
16.  Discussion and/or action regarding Department Updates: 
  
17.  Acknowledgement of Receipt: 
            a.  MIS Summary
            b.  2022 BCAD Financial Audit
 
18.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a.  CR 404 Contract with DIJ Construction
b.  Approval of Work Order for Wirtz Bridge project for drainage with KC Engineering
c.  Contract labor agreement with Gage & Cade Construction, LLC for the installation of 60’ of 5’ and 20’ of 4’ concrete retaining walls on CR 252
d.  Contract with Turnkey Medical to provide Jail Medical and Mental Health Services
e.  Memorandum of Understanding between Burnet County and Friends of the Herman Brown Free Library 
           
 
19.  Discussion and/or action concerning calling for Bids and Bid openings, request for   proposals/qualifications and related openings:
a.  Approval to award and negotiate pricing for right of way acquisition services for Wirtz Bridge project.
           
 20.  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.
           
 
21.  Discussion regarding any previous agenda items.
 
22.  Calendar Review.
 
23.  Adjournment
 
 
 
______________________________________
Judge James Oakley, Burnet County Judge
 
 
 
 
 
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
Joe Don Dockery led the Invocation and Pledge of Allegiance of the flags.
 
Item #3:
Public Comments
Alan Trevino, Chief Deputy, recognized Steve Koenning on his retirement and presented him with a plaque of appreciation.

Carol Klingmann, spoke on the Silver Creek roads.
 
Item #4:
Rules of Conduct for Commissioners Court meeting previously approved February 12, 2007
Commissioner Beierle gave updates on the Rules of Conduct and Decorum.  Commissioner Beierle thanked the committee for their ability to meet and work this out. 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the updates to current Rules of Conduct for Commissioners Court meeting previously approved February 12, 2007

Vote: 5 - 0 Passed - Unanimously

 
Item #5:
Federal Procurement Policy for Burnet County
Karin Smith, County Auditor, informed the court of the Federal Procurement Policy for Burnet County.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to adopt the Federal Procurement Policy for Burnet County.

Vote: 5 - 0 Passed - Unanimously

 
Item #6:
Approval of bond for Roxanne Nelson, Justice of the Peace, Pct. 1
The court discussed approval of bond for Roxanne Nelson, Justice of the Peace, Pct. 1.
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve approval the bond for Roxanne Nelson, Justice of the Peace, Pct. 1

Vote: 5 - 0 Passed - Unanimously

 
Item #7:
Approval to sign the Office of the Governor, Public Safety Office-CEO/Law Enforcement Certifications and Assurances Form required to comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code. This is required by the Rifle Resistant Vest Grant and the Women’s Victim Advocate Grant
Karin Smith, County Auditor, spoke regarding the approval to sign the Office of the Governor, Public Safety Office-CEO/Law Enforcement Certifications and Assurances Form required to comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code. This is required by the Rifle Resistant Vest Grant and the Women’s Victim Advocate Grant.

Karin Smith, County Auditor, confirmed this is a renewal Grant and Re-Certifications and Assurances.
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve and sign the Office of the Governor, Public Safety Office-CEO/Law Enforcement Certifications and Assurances Form required to comply with all provisions, policies, and penalties found in Chapter 752, Subchapter C of the Texas Government Code. This is required by the Rifle Resistant Vest Grant and the Women’s Victim Advocate Grant.

Vote: 5 - 0 Passed - Unanimously

 
Item #8:
Approval for a grant from AEDGrant.com which gives Public and Private Entities grants for Automated External Defibrillators at an affordable price
The court discussed giving approval for a grant from AEDGrant.com which gives Public and Private Entities grants for Automated External Defibrillators at an affordable price.  This program is a corporate-sponsored buy-down funding program that provides grants and discounts for AEDs.  An approved grant can provide up to $1,300 toward the purchase price of an AED.  Submitting applications in no way obligates the purchase of an AED.  The request will be for 40 AEDs for patrol vehicles, constables, RB personnel, and buildings.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve grant from AEDGrant.com which gives Public and Private Entities grants for Automated External Defibrillators at an affordable price. This program is a corporate-sponsored buy-down funding program that provides grants and discounts for AEDs. An approved grant can provide up to $1,300 toward the purchase price of an AED. Submitting applications in no way obligates the purchase of an AED. The request will be for 40 AEDs for patrol vehicles, constables, RB personnel, and buildings.

Vote: 5 - 0 Passed - Unanimously

 
Item #10:
Release of Subdivision Performance Bond #4438076 for River Hills Ranch, Phase 2A and the acceptance of Maintenance Bond #4438076 for a period of 2 years from this date
The court discussed the release of Subdivision Performance Bond #4438076 for River Hills Ranch, Phase 2A and the acceptance of Maintenance Bond #4438076 for a period of 2 years from this date. 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Subdivision Performance Bond #4438076 for River Hills Ranch, Phase 2A and the acceptance of Maintenance Bond #4438076 for a period of 2 years from this date.

Vote: 5 - 0 Passed - Unanimously

 
Item #11:
Replat of Lots 122 and 123, The Ranches at Canyon Creek, Phase III, to be known as Lot 122A, The Ranches of Canyon Creek, Phase III, a combination of 2 lots into 1
The court discussed the replat of Lots 122 and 123, The Ranches at Canyon Creek, Phase III, to be known as Lot 122A, The Ranches of Canyon Creek, Phase III, a combination of 2 lots into 1.
 

Motion is made by: Commissioner Precinct 3 Billy Wall, Seconded by: Commissioner Precinct 2 Damon Beierle to approve the replat of Lots 122 and 123, The Ranches at Canyon Creek, Phase III, to be known as Lot 122A, The Ranches of Canyon Creek, Phase III, a combination of 2 lots into 1.

Vote: 5 - 0 Passed - Unanimously

 
Item #9:
Treasurer’s monthly report for October 2023
Karrie Crownover, County Treasurer, began Treasurer’s monthly report for October 2023, but asked to return later in the agenda. 
 

The court took no action on this agenda item.

 
Item #12:
Approval for Road & Bridge Pct. 3 to purchase road equipment in the amount of $57,595.50
The court discussed the approval for Road & Bridge Pct. 3 to purchase road equipment in the amount of $57,595.50.

Karin Smith, County Auditor, confirmed this will be a BuyBoard purchase and funded out of the 2023 Tax Note.

 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 4 Joe Don Dockery to approve Road & Bridge Pct. 3 to purchase road equipment in the amount of $57,595.50.

Vote: 5 - 0 Passed - Unanimously

 
Item #13:
Executive Session

The court took no action on this agenda item.
 
Item #14:
Executive Session
The court took no action on this agenda item.
 
Item #15:
Executive Session
The court took no action on this agenda item.
 
Item #16:
Department Updates
The court discussed Department Updates.

Jackie Haynes, IT Department, gave IT update.

Alan Trevino, Chief Deputy, gave Sheriff's Office update.
 
Item #9:
Treasurer’s monthly report for October 2023
Karrie Crownover, County Treasurer, gave Treasurer’s monthly report for October 2023.
 

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

Vote: 5 - 0 Passed - Unanimously

 
Item #17:
Acknowledgement of Receipt
The court acknowledged receipts:     
            a.  MIS Summary
            b.  2022 BCAD Financial Audit
 
 
Item #18:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
d.  Contract with Turnkey Medical to provide Jail Medical and Mental Health Services
 
Karin Smith, County Auditor, explains the contract terms and her concerns about the jail medical as a result of the pandemic.
Karin Smith, County Auditor, recommends adding terms that would give a 90-120 day clause to get out of contract.

Alan Trevino, Chief Deputy, spoke regarding staffing hours and jail medical.  He suggested part of the contract be that any mental health expenses would be direct billed back to the counties that we are receiving inmates from.

Matt Kimbler, Jail Administration, spoke regarding the current terms of contract.

Karin Smith, County Auditor, confirmed that this vendor needs indication that they will be retained by December 1, 2023.

Alan Trevino, Chief Deputy, also recommends having a 90 day clause to get out of contract.

 








 
 

Motion is made by: Commissioner Precinct 2 Damon Beierle, Seconded by: Commissioner Precinct 3 Billy Wall to grant authority to sign contract as long as Alan Trevino, Chief Deputy, and Matt Kimbler, Jail Administration, approve of contract terms.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
a.  CR 404 Contract with DIJ Construction
b.  Approval of Work Order for Wirtz Bridge project for drainage with KC Engineering
c.  Contract labor agreement with Gage & Cade Construction, LLC for the installation of 60’ of 5’ and 20’ of 4’ concrete retaining walls on CR 252
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 2 Damon Beierle to approve agenda items a-c.

Vote: 5 - 0 Passed - Unanimously

 
Item #18:
Contracts, Agreements or Grants
The court discussed contracts, agreements or grants to be approved and/or ratified:
e.  Memorandum of Understanding between Burnet County and Friends of the Herman Brown Free Library 
 

The court took no action on this agenda item.

 
Item #19:
Bids and Bid openings
The court discussed calling for Bids and Bid openings, request for proposals/qualifications and related openings:
a.  Approval to award and negotiate pricing for right of way acquisition services for Wirtz Bridge project.

Karin Smith, County Auditor, recommends awarding to Pinnacle Consulting Management Group, Inc.

Multiple people of the public addressed the court.
 
 

Motion is made by: Commissioner Precinct 4 Joe Don Dockery, Seconded by: Commissioner Precinct 3 Billy Wall to approve calling for Bids and Bid openings, request for proposals/qualifications and related openings:

a. Approval to award and negotiate pricing for right of way acquisition services for Wirtz Bridge project.

Vote: 5 - 0 Passed - Unanimously

 
Item #20:
Consent Agenda
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.
 

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: 5 - 0 Passed - Unanimously

Attachments:
 
Item #21:
Previous agenda items
The court discussed a previous agenda item regarding a vote at the next meeting for the Burnet Central Appraisal District Board of Directors.

Carol Klingmann, asked question regarding candidates.
 
Item #22:
Calendar Review
The court reviewed the calendar.

December Commissioners Court meetings will be Tuesday, December 12, 2023 and Thursday, December 21, 2023.

 
 
Item #23:
Adjournment
Judge Oakley adjourned the meeting at 10:05 a.m. as there is no further business to discuss.
 
Signature