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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 13th day of  February 2024, 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:
  • Eddie Arredondo, County Attorney
  • Vicinta Stafford, County Clerk
  • Stephanie McCormick, Comm. Court Coordinator
  • Karin Smith, County Auditor
 
1.
Call to Order
Judge Oakley called the meeting to order at 9:00 a.m.
 
 
2.
Invocation and Pledge of Allegiance to the Flags
Led by Commissioner Joe Don Dockery.
 
 
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.
Patricia Cope spoke regarding election.
 
 
4.
Discussion and/or action regarding approval to enter the private property of Wayne Wall at the SE Corner of CR 406 and CR 404 to remove brush to improve driver visibility and public safety, therefore serving a public purpose (Dockery)
The court discussed this item.
 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve to enter the private property of Wayne Wall at the SE Corner of CR 406 and CR 404 to remove brush to improve driver visibility and public safety, therefore serving a public purpose.

Vote: 5 - 0 - Unanimously

 
5.
Discussion and/or action regarding a Resolution of Support by Burnet County Commissioners Court for additional measures to secure the border, stop the invasion at the border, and protect our communities (Oakley)
The court discussed this item. 
Resolution read by James Oakley.
Claire Nybro spoke regarding this item. Charlie Parker spoke regarding this item. Mike Kammleh spoke regarding this item.
 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to adopt Resolution of Support by Burnet County Commissioners Court for additional measures to secure the border, stop the invasion at the border, and protect our communities.

Vote: 5 - 0 - Unanimously

Attachments:
 
6.
Discussion and/or action regarding the approval and signature of the final Financial Status Report, Conditional Final Waiver and Release of Claims, Amendment #1 for the Texas Local Emergency Planning Committee (LEPC) Grant program to assist LEPC's in establishing, maintaining, and/or improving their implementation of the Emergency Planning and Community Right-to-Know Act (EPCRA).  The change is removing the EOC website and design and adding the switch to connect the generator to the EOC that was also purchased with this grant and to add the shipping for the generator (Dockery/K.Smith)
The court discussed this item.
 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve the approval and signature of the final Financial Status Report, Conditional Final Waiver and Release of Claims, Amendment #1 for the Texas Local Emergency Planning Committee (LEPC) Grant program to assist LEPC's in establishing, maintaining, and/or improving their implementation of the Emergency Planning and Community Right-to-Know Act (EPCRA). The change is removing the EOC website and design and adding the switch to connect the generator to the EOC that was also purchased with this grant and to add the shipping for the generator.

Vote: 5 - 0 - Unanimously

Attachments:
 
7.
Discussion and/or action regarding the quotes for a new haul truck.  The cost to be split by all Precincts (Beierle)
The court discussed this item.
Commissioner, Damon Beierle, gave breakdown of quotes.  Cost will be split between all four commissioners.  Old truck will be sold. 
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 4 Joe Don Dockery to approve the purchase of the Peterbilt 567 Tractor for $171,528.72 as the new haul truck. The cost to be split by all Precincts.

Vote: 5 - 0 - Unanimously

 
8.
Discussion and/or action concerning membership to National Association of Counties (Oakley)
The court discussed this item.
 
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 3 Billy Wall to approve membership to National Association of Counties.

Vote: 5 - 0 - Unanimously

Attachments:
 
9.
Discussion and/or action regarding authorization for Pct. 2 Road and Bridge Crew to access two private properties near the 7000 Block of CR 252 in order to clear brush and trees in the ROW for a widening project of CR 252. Such action would serve a public purpose as it would increase public safety for travelers along CR 252. Property owners James Allen and Schunk Family Ranch, LLC have provided permission for this proposed action (Beierle)
The court discussed this item.
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve authorization for Pct. 2 Road and Bridge Crew to access two private properties near the 7000 Block of CR 252 in order to clear brush and trees in the ROW for a widening project of CR 252. Such action would serve a public purpose as it would increase public safety for travelers along CR 252. Property owners James Allen and Schunk Family Ranch, LLC have provided permission for this proposed action.

Vote: 5 - 0 - Unanimously

 
10.
Discussion and/or action regarding the approval of the Monthly Treasurer's Report for December 2023 (Crownover)
Karrie Crownover, County Treasurer, gave December 2023 report.
 

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 December 2023.

Vote: 5 - 0 - Unanimously

 
11.
Discussion and/or action regarding the acceptance of the Quarterly Investment Report - Q1 FY24 (October - December 2023)
Karrie Crownover, County Auditor, gave Q1 FY24 Report. 
 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve acceptance of the Quarterly Investment Report - Q1 FY24 (October - December 2023.

Vote: 5 - 0 - Unanimously

 
12.
Discussion and/or action regarding a request for a variance from the Burnet County Subdivision Regulations by Gary Brian Robinson to divide a 19.59 acre tract into 2 tracts identified as BCAD parcel #103302 located at the intersection of CR 200 and 200A (Beierle)
The court discussed Variance request - Gary Brian Robinson
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve request for a variance from the Burnet County Subdivision Regulations by Gary Brian Robinson to divide a 19.59 acre tract into 2 tracts identified as BCAD parcel #103302 located at the intersection of CR 200 and 200A.

Vote: 5 - 0 - Unanimously

Attachments:
 
13.
Discussion and/or action regarding a request for a variance from the Burnet County Subdivision Regulations by Mary Kay Wall Flemming to create a 5.01 acre tract out of a 119.52 acre tract identified as BCAD parcel #47174, 47176, 47177, 48287 and 54183 located in the 6000 block of CR 330 (Wall)
The court discussed Variance request - Mary Kay Wall Flemming.
 

Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve request for a variance from the Burnet County Subdivision Regulations by Mary Kay Wall Flemming to create a 5.01 acre tract out of a 119.52 acre tract identified as BCAD parcel #47174, 47176, 47177, 48287 and 54183 located in the 6000 block of CR 330.

Vote: 5 - 0 - Unanimously

Attachments:
 
14.
Discussion and/or action regarding a replat of a portion of Lots 66 and 67, Twin Isles Subdivision, to be known as Lot 67-A, Twin Isles Subdivision (Luther)
The court discussed this item.
 
 

Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 2 Damon Beierle to approve replat of a portion of Lots 66 and 67, Twin Isles Subdivision, to be known as Lot 67-A, Twin Isles Subdivision.

Vote: 5 - 0 - Unanimously

Attachments:
 
24. Discussion regarding any previous agenda items.
Don Sherman gave update regarding Oakalla survey. Stating the last deed he is able to locate is for a highway right of way conveyed by Lampasas ISD.  Judge Oakley states unable to locate the deed for the land where the Volunteer Fire Department and Community Center sit. Mr. Sherman had to do the survey based on all the surrounding surveys. Therefore, it is basically a remainder tract.  Judge Oakley stated a fence has been built over property that the county owns, which the county will be addressing as well as settling ownership of this property.  
 
 
 
15. Discussion and/or action regarding the replat of Lots 1 and 2, Clen Oaks, to be known as Lot 1A, Clen Oaks (Luther)
The court discussed this item.
 

Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 2 Damon Beierle to approve replat of Lots 1 and 2, Clen Oaks, to be known as Lot 1A, Clen Oaks.

Vote: 5 - 0 - Unanimously

 
19. Discussion and/or action regarding Department Updates: (Oakley)
Herb Darling, Burnet County Development Services, gave update.

Blair Manning, Tourism Director, gave update.  Solar Eclipse Townhall meeting scheduled for Thursday, February 22, 2024 at the Burnet Community Center.  The times will be 9:00 a.m., 12:00 p.m. and 6:00 p.m.

Derek Marchio, Emergency Management Coordinator, gave update.

 
 
 
20.  Acknowledgment of Receipt:
a.  ESD 2 Report
b.  Cassie VFD and EMS Report
c.  MFAEMS Report
d.  MIS Summary
e.  State Crisis Intervention Grants
f.   Updates Personnel Policy/Employee Handbook
g.  Autopsy Fee Increase 

 
The court discussed and acknowledged.
 
 
21.  Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified: (Oakley)
a.  Travel Net Solutions Agreement for Tourism
b.  SADA License quote
c.  Bluebonnet Festival Sponsorship for the $5,000 level for Tourism
d.  District Attorney Agreement for the FY 2024 Motor Vehicle Crime Prevention Authority Grant Program for the Heart of Texas Auto Theft Task Force for Sept. 1, 2023 - August 31, 2024
e.  Pinnacle Consulting Management Group for acquisition services
f.  Johnson Controls Agreement
g.  Inter local Agreement with DPS for the Failure to Appear Program (Omni)
The court dicussed this item.
Adding (h).  Approval to apply and sign the resolution for the Burnet County Cybersecurity Assessment and Evaluation Project for FY25 State and Local Cybersecurity Grant Program Assessment and Evaluation
 

Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 4 Joe Don Dockery to approve agenda items a-b and d-h.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 3 Billy Wall to approve 21c.
Damon Beierle, Commissioner Precinct 2, Abstains.

Vote: 4 - 0

 
22. Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings: (Oakley)
a. Approval to go out for bids for work to be performed on CR 401N
The court discussed this item.
Karin Smith, County Auditor, updated court on roof bids.  Will need to go to Historical Commission for approval before court's approval. 
 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve to go out for bids for work to be performed on CR 401N.

Vote: 5 - 0 - Unanimously

 
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:
  1. Consideration and approval of any pending personnel issues within the policy.
  2. Consideration and approval concerning budget amendments.
  3. Consideration and approval concerning budget line item transfers.
  4. Consideration and authorization of payment of claims previously approved by the County Auditor.
  5. Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
  6. Consideration and approval regarding Departmental equipment requests and/or property transfers.
  7. Correspondence.
The court discussed this item.
 

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 - Unanimously

 
24. Discussion regarding any previous agenda items.
Patricia Cope thanked the court for the new agenda format.
 
 
25. Calendar Review.
 The court reviewed the calendar.
 
 
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 real estate purchase by Burnet County
Executive Session - Recess 10:25 a.m.  Inviting in County Auditor and County Attorney.
 
 
 
17. Reconvene in Open Session.
Revonvene at 10:50 a.m.
 
 
18. Discussion and/or action regarding items discussed in Executive Session.
a. Potential real estate purchase by Burnet County
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 4 Joe Don Dockery to allow Judge Oakley to execute documents for transaction.

Vote: 5 - 0 - Unanimously

 
26. Adjournment
Judge Oakley adjourned the meeting at 10:51 a.m. as there is no further business to discuss.
 
Signature