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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 23rd day of  July 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:
  • Stephanie McCormick, Comm. Court Coordinator
  • Colleen Davis, County Attorneys Office
  • Karin Smith, County Auditor
 
Item #1:
Call to Order
Judge Oakley called meeting to order at 9:00 a.m.
 
Item #2:
Invocation and Pledge of Allegiance to the Flags
In lieu of invocation, Judge Oakley asked for a moment of silence for former sheriff, W.T. Smith's wife, Ilene Smith, who passed away.  
 
Item #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 on Road and Bridge and Budget regarding the Sheriff's Department comp time.

Charlie Parker spoke on Road and Bridge.
 
Item #4:
Presentation of a Proclamation from the Office of the Governor declaring July 21-27th, 2024 as Pretrial, Probation, and Parole Supervision Week (Oakley)
The Governor of Texas has proclaimed July 21-27, 2024 to be Pretrial, Probation, and Parole Supervision Week.

Brett Walker, Adult Probation, spoke. 
 
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve Proclamation from the Office of the Governor declaring July 21-27th, 2024 as Pretrial, Probation, and Parole Supervision Week.

Vote: 5 - 0 - Unanimously

Attachments:
 
Item #20:
Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Approval to apply for the FY25 SB22 Rural Law Enforcement Grant Program for the County Sheriff's, County Attorney, and District Attorney's offices
b. Acceptance of a temporary raw water agreement application for Lake Buchanan with LCRA
c. Approval of contracts with VR Systems for pollbooks and voter registration software
d. Burnet County Event Sponsorship application for the Fall Festival in the amount of $750 to be paid with HOT Taxes
e. Burnet County Event Sponsorship application for the Walkway of Lights in the amount of $1500 to be paid with HOT Taxes
f. MOU with Cottonwood Shores for utility relocating costs for Wirtz Bridge project
g. Approval of a 4 month contract with Sky Com for ALE Software support extension
h. Approval of a work order with KC Engineering to provide a complete set of construction cost for work on County Road 114 from RM 690 to RM 2341 to be paid out of FY22 Tax Notes
i. Approval of a contract with Tyler Tech for Electronic Notifications
j. Approval of CAPCOG Interlocal
The court discussed Item 20c only.  20a,b and d-j will be revisited later in the meeting.

Doug Ferguson, Elections Administrator, spoke on pollbooks and voter registration software contract with VR Systems.  

Damon Beierle, County Commissioner, asked about out of county voting. 
Doug Ferguson, Elections Administrator, explained the out of county voting process is ballot by mail. 

Judge Oakley stated the total amount for this is $155,424.00 and the funding source is ARPA .

Patricia Cope asked for clarification on cost, 10 years, backdoor access and remote access.
Charlie Parker asked for clarification on backdoor access.
Claire Nybro asked for clarification on backdoor access.
Doug Ferguson, Elections Administrator, clarified and further explained contract.
 
 

Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 4 Joe Don Dockery to approve 20c.

Vote: 5 - 0 - Unanimously

 
Item #5:
Discussion and/or action concerning approval to place required newspaper ads for the adoption of the FY 24-25 Budget as well as the FY 24-25 Budget Policy (Oakley)
Karin Smith, County Auditor, spoke stating the ad is required to run in the paper.  It is the increases for elected officials' salaries.  The numbers on the ad are the maximum.  You cannot pay an elected official more than you advertise, you can only pay less.  This is the ad for FY 24-25 budget.   

Karin Smith, County Auditor, explained the Budget Policy FY 24-25. 
 
 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve to place required newspaper ads for the adoption of the FY 24-25 Budget

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to adopt FY 24-25 Budget Policy.

Vote: 5 - 0 - Unanimously

 
Item #6:
Discussion and/or action regarding the Non-Discrimination and Anti-Harrassment Policy supplement (Oakley)
Shirley Bullard, Human Resource Director, spoke on the Policy Supplement.

Patricia Cope, gave Shirley Bullard, Human Resource Director, a Notice to post.
 

Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 3 Billy Wall to approve Non-Discrimination and Anti-Harrassment Policy supplement.

Vote: 5 - 0 - Unanimously

Attachments:
 
Item #7:
Discussion and/or action to authorize the purchase of food and drinks for the Mental Health Law Plan training, and any current and future Healthy County Annual Health Fair's and training not to exceed $500 (Oakley)
The court discussed this agenda item.
 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve the purchase of food and drinks for the Mental Health Law Plan training, and any current and future Healthy County Annual Health Fair's and training not to exceed $500.

Vote: 5 - 0 - Unanimously

 
Item #8:
Discussion and/or action regarding the reappointment of Sara Ray and Paul Kawalik to ESD #5 (Luther)
Spelling correction Kawalik to Kowalik.

The court discussed this agenda item.
 

Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 2 Damon Beierle to approve reappointment of Sara Ray and Paul Kowalik to ESD #5.

Vote: 5 - 0 - Unanimously

 
Item #9:
Discussion and/or action for the acceptance and/or approval of the Treasurer's monthly report for June 2024 (Oakley)
Karrie Crownover, County Treasurer, gave monthly report for June 2024.
Beginning Cash and Investment Balance  $67,174,375.30
Cash Receipts  $3,056,975.71
Interest Earnings  $283,450.34
Cash Disbursement  $5,757,803.02
Month Ending Cash  $64,726,903.01
Donations for VetRides  $3,883.00

 
 

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 June 2024.

Vote: 5 - 0 - Unanimously

 
Item #10:
Discussion and/or action for the approval and/or acceptance of the Treasurer's Quarterly report for the 3rd quarter FY24 (Oakley)
Karrie Crownover, County Treasurer, gave Quarterly Report for April, May, and June.
Interest Earning  $881,609.89
Cash in Bank 12%
Investment Pools 78%
CD's/Treasury/Agencies  10%
Average Investment Interest  5.4%




 
 

Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve Treasurer's Quarterly report for the 3rd quarter FY24.

Vote: 5 - 0 - Unanimously

 
Item #11:
Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Isidro and Irene Saldivar for a 5 acre tract out of a 10 acre tract known as lot 5, Tierra Linda Subdivision, an unrecorded subdivision, BCAD parcel #10203 (Beierle)
Variance - Saldivar
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 3 Billy Wall to approve variance from the Burnet County Subdivision Regulations by Isidro and Irene Saldivar for a 5 acre tract out of a 10 acre tract known as lot 5, Tierra Linda Subdivision, an unrecorded subdivision, BCAD parcel #10203.

Vote: 5 - 0 - Unanimously

Attachments:
 
Item #12:
Discussion and/or action concerning the Preliminary Plat approval for Kingsland Commons, a public subdivision consisting of 22 lots on 48.71 acres located at the intersection of FM 1431 and FM 2342 (Luther)
The court discussed this agenda item. 
 

Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 3 Billy Wall to approve Preliminary Plat approval for Kingsland Commons, a public subdivision consisting of 22 lots on 48.71 acres located at the intersection of FM 1431 and FM 2342.

Vote: 5 - 0 - Unanimously

 
Item #13:
Discussion and/or action concerning the release of Public Improvement Bond NTX9169 for Prairie Acres Subdivision and the acceptance of Public Improvement Maintenance Bond NTX9169 for Prairie Acres for a period of 2 years from this date (Beierle)
The court discussed this agenda item.
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve release of Public Improvement Bond NTX9169 for Prairie Acres Subdivision and the acceptance of Public Improvement Maintenance Bond NTX9169 for Prairie Acres for a period of 2 years from this date.

Vote: 5 - 0 - Unanimously

 
Item #14:
Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Raymond D. Massey for a 2 acre tract out of a 41.26 acre tract known as BCAD parcel numbers 53048-53049 (Wall)
Variance - Massey
 

Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve variance from the Burnet County Subdivision Regulations by Raymond D. Massey for a 2 acre tract out of a 41.26 acre tract known as BCAD parcel numbers 53048-53049.

Vote: 5 - 0 - Unanimously

Attachments:
 
Item #15:
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).
The court took no action on this agenda item.
 
Item #16:
Reconvene in Open Session.
The court took no action on this agenda item.
 
Item #17:
Discussion and/or action regarding items discussed in Executive Session.
The court took no action on this agenda item.
 
Item #18:
Discussion and/or action regarding Department Updates:
Judge Oakley gave update on the Old Elementary School purchase.

Herb Darling, Director Burnet County Development Services, gave update on his department.

Damon Beierle, County Commissioner, gave update on broadband technical assistant grant.

Judge Oakley thanked precincts 1,3, and 4 for paving around the maintenance facility.

 
 
Item #19:
Acknowledgement of Receipt:
a.  MIS Summary
b.  TCEQ Notice
Acknowledged.
Attachments:
 
Item #20:
Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a.  Approval to apply for  the FY25 SB22 Rural Law Enforcement Grant Program for the County Sheriff's, County Attorney, and District Attorney's offices
b.  Acceptance of a temporary raw water agreement application for Lake Buchanan with LCRA
c.  Approval of contracts with VR Systems for pollbooks and voter registration software.
d.  Burnet County Event Sponsorship application for the Fall Festival in the amount of $750 to be paid with HOT Taxes
e.  Burnet County Event Sponsorship application for the Walkway of Lights in the amount of $1500 to be paid with HOT Taxes
f.   MOU  with Cottonwood Shores for utility relocating costs for Wirtz Bridge project
g.  Approval of a 4 month contract with Sky Com for ALE Software support extension
h.  Approval of a work order with KC Engineering to provide a complete set of construction cost for work on County Road 114 from RM 690 to RM 2341 to be paid out of FY22 Tax Notes
i.   Approval of a contract with Tyler Tech for Electronic Notifications
j.   Approval of CAPCOG Interlocal
The court discussed Item 20a, b and d-j excluding 20c previously discussed.
 

Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve a, b, and d-j.

Vote: 5 - 0 - Unanimously

 
Item #21:
Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings:
a. Approval to go out for bids for paving project on Co. Rd. 420
b. Approval of advertising for bids for construction of the Development Services building beside the Annex on the Square
The court discussed this agenda item.
 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve for a and b.

Vote: 5 - 0 - Unanimously

 
Item #22:
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 agenda 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

Attachments:
 
Item #23:
Discussion regarding any previous agenda items.
Charlie Parker spoke regarding Forensic Audit.
Attachments:
 
Item #24:
Calendar Review.
Reviewed.
 
Item #25:
Adjournment
Judge Oakley ajourned the meeting at 10:01 a.m.
Signature