County of Burnet {} On this the 13th day of August 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
- Karin Smith, County Auditor
- Stephanie McCormick, Comm. Court Coordinator
Call to Order
Invocation and Pledge of Allegiance to the Flags
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 asked for the decorum policy to be reviewed.
Candy Ratliff spoke regarding her disagreement with the proposed elected official newspaper ad.
Charlie Parker spoke regarding the decorum policy and how he feels he has been denied his right to speak at a previous meeting.
Mark McDonald spoke on employee benefits and the forensic audit.
Allen Hicks spoke regarding Windermere Oaks Subdivision.
Craig Cosgrove spoke on Constitution and electronic voting machines.
Juanita Kaufman spoke regarding disapproval of electronic voting machines that are being proposed.
Jacob Williams spoke regarding his disagreement with the proposed increases he read in the paper.
Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by Dallas Wood for a 7.117 acre tract out of a 77.999 acre tract identified as BCAD parcel #48820 located at 915 John Deere Road (Beierle)
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve variance from the Burnet County Subdivision Regulations by Dallas Wood for a 7.117 acre tract out of a 77.999 acre tract identified as BCAD parcel #48820 located at 915 John Deere Road.
Vote: 5 - 0 - Unanimously
Discussion and/or action concerning the preliminary plat approval for TOWDAH Subdivision, a private subdivision consisting of 24 lots on 50.97 acres located at 122 Shoreline (Dockery)
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve preliminary plat approval for TOWDAH Subdivision, a private subdivision consisting of 24 lots on 50.97 acres located at 122 Shoreline.
Vote: 5 - 0 - Unanimously
Discussion and/or action concerning the final plat approval for Thomas Ranch, Section 3, a private subdivision consisting of 84 lots on 239 acres located at 11710 CR 404 (Dockery)
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve final plat approval for Thomas Ranch, Section 3, a private subdivision consisting of 84 lots on 239 acres located at 11710 CR 404.
Vote: 5 - 0 - Unanimously
Discussion and/or action concerning the preliminary plat approval for Smithwick National, a private subdivision consisting of 268 lots on 875.14 acres located at 10507 E. FM 1431 (Wall)
Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 4 Joe Don Dockery to approve preliminary plat approval for Smithwick National, a private subdivision consisting of 268 lots on 875.14 acres located at 10507 E. FM 1431.
Vote: 5 - 0 - Unanimously
Discussion and/or action concerning the release of Maintenance Bond #0820705 for Burnet Hilltop Estates (Beierle)
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 3 Billy Wall to approve the release of Maintenance Bond #0820705 for Burnet Hilltop Estates.
Vote: 5 - 0 - Unanimously
Discussion and/or action concerning the release of Maintenance Bond #CNB-36253-00 for the Ranches at Bentley Ridge (Beierle)
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve the release of Maintenance Bond #CNB-36253-00 for the Ranches at Bentley Ridge.
Vote: 5 - 0 - Unanimously
Discussion and/or action concerning rescinding action taken on prior court approval, held on August 7, 2024, of newspaper ad as required for elected officials' salaries and possible action on amended ad (Oakley)
Multiple elected officials, county employees, and members of the public spoke on this agenda item.
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 2 Damon Beierle to rescind previous newspaper ad voted on August 7, 2024, for elected officials' salaries.
Vote: 5 - 0 - Unanimously
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 4 Joe Don Dockery to approve all elected officials a 6% raise with the addition of SB22 with the Sheriff. $10,743.00 in addition to 6% raise of all other elected officials.
Vote: 5 - 0 - Unanimously
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 4 Joe Don Dockery to amended motion to increase constables raise of $13,046.00.
Vote: 5 - 0 - Unanimously
Discussion and/or action regarding the approval of: (Oakley)
b. 2 year appointments of Election Judges and Alternate Judges, and Central Count Judge, Alternate Judge and Manager and Tabulation Supervisor (attachment: 2024 Gen. Election Judges)
c. Relocation of Precinct 15 polling location to Briggs Firehouse during remodel of Community Center
POLLING PLACES
Agrilife Auditorium *Main EV Location
607 N. Vandeveer, Burnet, TX 78611
Bertram Community Center
340 S. Gabriel St., Bertram, TX 78605
Granite Shoals Community Center
1208 N. Phillips Ranch Rd., Granite Shoals, TX 78654
Texas Tech at Marble Falls
806 Steve Hawkins Pkwy, Marble Falls, TX 78654
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to adopt November 5, 2024 Order of Election (attachment: Nov. 2024 General Election ORDER OF GENERAL ELECTION).
Vote: 5 - 0 - Unanimously
Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve 2 year appointments of Election Judges and Alternate Judges, and Central Count Judge, Alternate Judge and Manager and Tabulation Supervisor (attachment: 2024 Gen. Election Judges).
Vote: 5 - 0 - Unanimously
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 3 Billy Wall to approve Relocation of Precinct 15 polling location to Briggs Firehouse during remodel of Community Center.
Vote: 5 - 0 - Unanimously
Discussion and/or action concerning results of Baker Tilly investigation as ordered by Burnet County Commissioners Court on September 26, 2023 (Oakley)
Multiple elected officials, county employees, and members of the public spoke on this agenda item.
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 3 Billy Wall to table results of Baker Tilly investigation as ordered by Burnet County Commissioners Court on September 26, 2023, until a future court.
Vote: 5 - 0 - Unanimously
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).
Reconvene in Open Session.
Discussion and/or action regarding items discussed in Executive Session.
Discussion and/or action regarding Department Updates:
Acknowledgement of Receipt:
b. TCEQ Notice
c. Marble Falls Area EMS July Update
Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
b. Contract labor agreement with Luke's Ashpalt Paving for work to be performed for RB1 at the entrance of Twin Isles
c. Approval to accept the FY 25 MVCPA grant for the Heart of Texas Auto Theft Task Force and sign the Statement of Grant Award which will be accessible after acceptance in the portal. The project is $694,280.00 for Burnet, Coryell, and McLennan Counties. The grant amount is $578,566.00. Match is $115,714.00 of that $99,352.00 is Program income
d. Agreement with DIJ Construction for double yellow striping on Haynie Flat Road +/- 0.25 mile
e. Approval to accept allocation and sign contract for the FY25 9-1-1 GIS funding from the CAECD for $126,710.10 - 10/1/24 - 9/30/25
f. Approval to accept the FY 2024 Formula Grant for the Indigent Defense Grant Program from Texas Indigent Defense Commission. Amount is $37,575.00
g. Inter local agreement with Capital Area Council of Governments regarding a Sheriff Radio System and Recorder Integration Project
h. Inter local agreement with the City of Highland Haven to provide manpower and equipment for the pavement of streets not to exceed $15,000 per year
i. Proposal for our Sunlife two year renewal
j. Agreement with Circle S Pest Control for pest control services for county buildings. Rates effective October 1, 2024 through September 30, 2025
k. Contract with E-rate Central to assist with Burnet County E-rate application, and authorize a representative from the County Auditor's office to apply for the E-rate program for the county library system
l. Burnet County Event Sponsorship for Taste Highland Lakes in the amount of $850 to be paid out of HOT taxes
m. Burnet County Event Sponsorship for Beloved Gallery in the amount of $2500 to be paid out of HOT taxes
n. Burnet County Event Sponsorship for FiestaJam 2024 in the amount of $5000 to be paid out of HOT taxes
h. was removed from this agenda item.
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve a-g and i-n.
Vote: 5 - 0 - Unanimously
Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings:
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:
- Consideration and approval of any pending personnel issues within the policy.
- Consideration and approval concerning budget amendments.
- Consideration and approval concerning budget line item transfers.
- Consideration and authorization of payment of claims previously approved by the County Auditor.
- Acceptance of reports of County Officials as required by LGC 115.02 previously examined by the County Auditor
- Consideration and approval regarding Departmental equipment requests and/or property transfers.
- 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 - Unanimously
Consideration and approval of an Order by the Commissioners Court of Burnet County, Texas authorizing the issuance of "Burnet County, Texas Tax Notes, Series 2024", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the notes; authorizing the execution of any necessary engagement agreement with the county's financial advisors; and providing an effective date (Oakley)
Dewayne Westerman, financial advisor, spoke stating 4 bids were received.
Regions Bank, Hill Country National Bank under Llano National Bank, Bank of Texas, and Image Bank.
Regions Bank had the lowest interest rate at 3.83%.
Elected officials and members of the public spoke on this agenda item.
Patricia Cope asked for a roll call vote.
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to adopt an Order authorizing the issuance of Burnet County, Texas Tax Notes, Series 2024.
Roll Call Vote: Comm. Luther, Aye; Comm. Beierle, Aye; Comm. Wall, Aye; Comm. Dockery, Aye; Judge Oakley, Aye.
Vote: 5 - 0 - Unanimously
Presentation regarding the Burnet County 2024 voter-approval and no-new-revenue property tax rates and 2024 certified values (Oakley)
No-new-revenue property tax rates .3589 per $100 valuation.
Voter approval rate .3632
Debt rate .0535
Discuss and take appropriate action to include a record vote on the proposed tax rate for FY2024 tax year which will fund the FY2025 budget (Oakley)
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to adopt .3541 tax rate.
Roll Call Vote: Comm. Luther, Aye; Comm. Beierle, Aye; Comm. Wall, Aye; Comm. Dockery, Aye; Judge Oakley, Aye.
Vote: 5 - 0 - Unanimously
Discuss, consider, and take appropriate action on scheduling a date and time to hold a public hearing before adopting the tax rate if the proposed maximum TOTAL tax rate exceeds the total no-new-revenue rate (Oakley)
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve public hearing before adopting the tax rate if the proposed maximum TOTAL tax rate exceeds the total no-new-revenue rate on August 27, 2024, at 9:30 a.m. at Burnet County Courthouse, 220 S. Pierce St., Burnet, TX 78611.
Roll Call Vote: Comm. Luther, Aye; Comm. Beierle, Aye; Comm. Wall, Aye; Comm. Dockery, Aye; Judge Oakley, Aye.
Vote: 5 - 0 - Unanimously
Discuss and take action on setting a date and time to hold a public hearing on the FY2025 budget (October 1, 2024 - September 30, 2025) (Oakley)
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 3 Billy Wall to approve setting a date and time to hold a public hearing on the FY2025 budget (October 1, 2024 - September 30, 2025) on August 27, 2024, at 9:30 a.m. at Burnet County Courthouse, 220 S. Pierce St., Burnet, TX 78611.
Roll Call Vote: Comm. Luther, Aye; Comm. Beierle, Aye; Comm. Wall, Aye; Comm. Dockery, Aye; Judge Oakley, Aye.
Vote: 5 - 0 - Unanimously
Discuss and take action on setting a date and time for a public hearing on the County Clerk Records Archive Plan (Oakley)
Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 2 Damon Beierle to approve setting a date and time for a public hearing on the County Clerk Records Archive Plan on
August 27, 2024, at 9:30 a.m. at Burnet County Courthouse, 220 S. Pierce St., Burnet, TX 78611.
Roll Call Vote: Comm. Luther, Aye; Comm. Beierle, Aye; Comm. Wall, Aye; Comm. Dockery, Aye; Judge Oakley, Aye.
Vote: 5 - 0 - Unanimously
Discuss and take action on setting a date and time to adopt the FY2024 tax rate and adopt the FY2025 budget (Oakley)
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 4 Joe Don Dockery to approve setting a date and time to adopt the FY2024 tax rate and adopt the FY2025 budget on August 27, 2024, at 10:00 a.m. at Burnet County Courthouse, 220 S. Pierce St., Burnet, TX 78611.
Roll Call Vote: Comm. Luther, Aye; Comm. Beierle, Aye; Comm. Wall, Aye; Comm. Dockery, Aye; Judge Oakley, Aye.
Vote: 5 - 0 - Unanimously
Discussion and/or action regarding the engagement of Allison, Bass, McGee to represent Burnet County in Civil Action No. 4:24-cv-00368 Courthouse News Service v. Michael Gould, in his official capacity as Collin County District Clerk, etal. (Oakley)
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve engagement of Allison, Bass, McGee to represent Burnet County in Civil Action No. 4:24-cv-00368 Courthouse News Service v. Michael Gould, in his official capacity as Collin County District Clerk, etal.
Vote: 5 - 0 - Unanimously
Calendar Review.
Adjournment
