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Minutes for Regular Session

The State of Texas {}
County of Burnet   {}      On this the 27 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
 
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
Lord's Prayer and pledges said.

Judge Oakley reminded the public of the decorum rules.
 
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.
Madelon Highsmith spoke.
Juanita Kaufman spoke.
 
Item #22:
Discussion and/or action concerning a replat of lots 118-121, Deer Springs to be known as lots 118A and 121A, Deer Springs, a combination of 4 lots into 2 (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 replat of lots 118-121, Deer Springs to be known as lots 118A and 121A, Deer Springs, a combination of 4 lots into 2.

Vote: 5 - 0 - Unanimously

 
Item #4:
Presentation of a Proclamation to declare September 11th a day of service and remembrance in Burnet County (Oakley)
Judge Oakley read the Proclamation.
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve Proclamation to declare September 11th a day of service and remembrance in Burnet County.

Vote: 5 - 0 - Unanimously

Attachments:
 
Item #5:
Presentation from Kelly Tarla with Agri-Life for the following:
a. V.G. Young Institute Certificate to Damon Beierle
b. 4-H Scholarships
c. 2023-2024 4-H Update
Kelly Tarla and Colton Ripley with Agri-Life spoke.  
Damon Beierle, County Commissioner, was presented with the V.G. Young Institute Certificate. 
Mrs. Tarla highlighted the awards of 4-H and the scholarships that came back to Burnet County.
 
Item #6:
Discussion and/or action regarding the reappointment of Judge Roxanne Nelson to the Bluebonnet Trails Community Services Board of Trustees for the period of September 1, 2024 - August 31, 2026 (Oakley)
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 reappointment of Judge Roxanne Nelson to the Bluebonnet Trails Community Services Board of Trustees for the period of September 1, 2024 - August 31, 2026.

Vote: 5 - 0 - Unanimously

 
Item #7:
Discussion and/or action regarding the acceptance of the donation in the amount of $5,754.00 from the 2024 Burnet County Employee picnic basket drawing and proposed distribution of funds to a local non-profit (Oakley)
Vicinta Stafford, Burnet County Clerk, gave recommendation of the money to be awarded to Sleep in Heavenly Peace.
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 3 Billy Wall to approve acceptance of the donation in the amount of $5,754.00 from the 2024 Burnet County Employee picnic basket drawing and proposed distribution to Sleep in Heavenly Peace.

Vote: 5 - 0 - Unanimously

 
Item #8:
Discussion and/or action regarding the results of the Burnet County Salary Grievance Committee with recommendations and/or direction (Oakley)
Judge Oakley, Salary Grievance Committee Chair, gave report of Salary Grievance Committee recommendations 

Karin Smith, County Auditor, asked for funding source.  Judge Oakley stated funding source is unallocated. 
 
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve Burnet County Salary Grievance Committee recommendations.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to amend motion to include funding source of unallocated.

Vote: 5 - 0 - Unanimously

 
Item #9:
Public Hearing on the County Clerk Records Archive Plan at 9:30 a.m. (Oakley)
Public Hearing opened.

Vicinta Stafford, Burnet County Clerk, read the County Clerk Archive Plan for FY 2025.
Claire Nybro spoke commending Vicinta Stafford, Burnet County Clerk, on the Archive Plan.
Patricia Cope spoke.

Public Hearing closed.
 
 
Item #10:
Discussion and take action on the County Clerk Records Archive Plan (Oakley)
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 the County Clerk Records Archive Plan.

Vote: 5 - 0 - Unanimously

 
Item #11:
Public Hearing on the 2024-2025 Budget at 9:30 a.m. (Oakley)
Public Hearing opened. 

Patricia Cope questioned unallocated funds and professional services.
Madelon Highsmith spoke and questioned professional services.
Claire Nybro questioned the increase in the election budget.
Casie Walker clarified the lawsuit that is being covered by professional services.
Patricia Cope spoke regarding election department raise.
Craig Cosgray spoke regarding electronic voting machines.
Madelon Highsmith spoke regarding licensing fees.
Juanita Kaufman spoke regarding electronic voting machines.
Alan Trevino, Chief Deputy, spoke regarding Sheriff's budget.
Matt Kimbler, Jail Administration, spoke regarding Jail budget.
Tamara Tinney, Chief Magistrate, spoke regarding mental health clerk request.
Glenna Hodge spoke.
Madelon Highsmith spoke.
Patricia Cope spoke.
Perry Thomas, District Attorney Elect, spoke regarding the DA Budget.
 
Recess at 11:23 a.m.

Reconvene at 11:35 a.m.

 
Item #11:
Public Hearing on the 2024-2025 Budget at 9:30 a.m. (Oakley)
Public Hearing temporarily closed at 11:35 a.m.
 
Item #23:
Discussion and/or action concerning a request for a variance from the Burnet County Subdivision Regulations by SV2 Liberty, LLC to allow 2 flag lots for the Burnet County portion of the proposed Dickinson Ranch Subdivision (Wall)
The court discussed this agenda item.
Herb Darling, Director Burnet County Development Services, spoke on this item.
Garrett Keller, Makin Hoover Engineering and Surveying, spoke for clarity.
 

Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 4 Joe Don Dockery to approve a variance with (2) 30 ft. flag lots to the two parcels in the back that allow each person to access two parcels with a total of 60 ft. overall width being side by side for the Burnet County portion of the proposed Dickinson Ranch Subdivision.

Vote: 4 - 1

Nay:
Commissioner Precinct 1 Jim Luther, Jr.
 
Item #24:
Discussion and/or action concerning a burn ban for the unincorporated areas of Burnet County (Oakley)
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 burn ban for the unincorporated areas of Burnet County.

Vote: 5 - 0 - Unanimously

Attachments:
 
Item #11:
Public Hearing on the 2024-2025 Budget at 9:30 a.m.
Public Hearing re-opened at 11:46 a.m.

Claire Nybro spoke.
Patricia Cope spoke.
Vicinta Stafford, Burnet County Clerk, spoke.
Patricia Cope spoke.
Craig Cosgray spoke.
Casie Walker, Burnet County District Clerk, asked for a list of department requests.
Madelon Highsmith spoke.

Public Hearing closed at 12:04 p.m.
 
Item #12:
Discuss the 2024-2025 Budget and take action as necessary (Oakley)
For the record, the 2024-2025 Budget Amendment List has no Item #9.

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 Item #1 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 3 Billy Wall to approve Item #2 on the 2024-2025 Budget Amendment List. Funding source unallocated.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 2 Damon Beierle to approve Item #3 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 2 Damon Beierle to approve Item #4 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve Item #5 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve Item #6 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve Item #7 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 3 Billy Wall to approve Item #8 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 2 Damon Beierle to approve Item #10 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve Item #11 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve Item #12 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 2 Damon Beierle to approve Item #13 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

Jim Luther, County Commissioner Pct.1, stepped away.
 

Motion is made by County Judge James Oakley, Seconded by Commissioner Precinct 2 Damon Beierle to approve Item #13a on the 2024-2025 Budget Amendment List.

Vote: 4 - 0

Jim Luther, County Commissioner Pct.1, returned.
 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve Item #14 on the 2024-2025 Budget Amendment List.

Vote: 5 - 0 - Unanimously

 
Item #13:
Consider and take action on the adoption of the 2024-2025 Budget at 10:00 a.m. (Oakley)
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 the adoption of the 2024-2025 Budget with the inclusion of the Amendment Budget List Items #1-14 including #13a.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to amend previous motion to also include the results of the agenda Item #8 from the Salary Grievance Commitee.

Vote: 5 - 0 - Unanimously

 
Item #14:
Public Hearing on the 2024 Tax Rate which will fund the 2024-2025 Budget at 9:30 a.m. (Oakley)
The court discussed this agenda item.
 
 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to move Public Hearing on the 2024 Tax Rate which will fund the 2024-2025 Budget to September 10, 2024 at 9:30 a.m.

Vote: 5 - 0 - Unanimously

 
Item #15:
Consider and take action to adopt the 2024 General Ad Valorem Tax Rate, and the Special Road and Bridge Tax Rate, and the Debt Tax Rate, which will fund the 2024-2025 Budget at 10:00 a.m. (Oakley)
The court took no action on this agenda item.
 
Item #16:
Consider and take action to ratify the 2024 Property Tax Rate (Oakley)
The court took no action on this agenda item.
 
Item #17:
Discussion and/or action regarding adopting letter prepared by Hill Country Alliance asking State legislators to adopt changes or repealing HB3697 passed during the previous legislative session (Beierle)
The court discussed this agenda item.

Claire Nybro spoke.
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to aprrove signing letter by the court to send to the State legislators to adopt changes or repealing HB3697 passed during the previous legislative session.

Vote: 5 - 0 - Unanimously

Attachments:
 
Item #18:
Discussion and/or action regarding setting the Sheriff and Constables Fees for 2024 (Oakley)
The court discussed this agenda item.
 

Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 4 Joe Don Dockery to approve setting the Sheriff and Constables Fees for 2024.

Vote: 5 - 0 - Unanimously

 
Item 19:
Discussion and/or action on an advanced funding agreement between Burnet County and TXDot regarding improvements to rail road crossing at CR 269 in the vicinity of Oak Road.  Said improvements shall be constructed by TXDot with the understanding that Burnet County will thereafter maintain the changes done to CR 269 (Beierle)
The court discussed this agenda item.
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 3 Billy Wall to approve advanced funding agreement between Burnet County and TXDot regarding improvements to rail road crossing at CR 269 in the vicinity of Oak Road. Said improvements shall be constructed by TXDot with the understanding that Burnet County will thereafter maintain the changes done to CR 269.

Vote: 5 - 0 - Unanimously

 
Item #20
Discussion and/or action for approval of the Treasurer's Monthly Report - July 2024 (Oakley)
Karrie Crownover, Treasurer, gave July report. 

Beginning Cash Balance $64,726,903.02
Cash Receipts $2,639,403.55
Interest Earnings $291,569.92
Cash Disbursements -$4,493,921.81
Month Ending Cash Balance $63,126,718.19
Donations to VetRides $11,279.00
 

Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve Treasurer's Monthly Report - July 2024.

Vote: 5 - 0 - Unanimously

 
Item #21:
Discussion and/or action in regard to moving the regularly scheduled Commissioners Court meeting from October 22nd to October 18th (Oakley)
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 moving the regularly scheduled Commissioners Court meeting from October 22nd to October 18, 2024.

Vote: 5 - 0 - Unanimously

 
Item #25:
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 #26:
Reconvene in Open Session.
The court took no action on this agenda item.
 
Item #27:
Discussion and/or action regarding items discussed in Executive Session.
The court took no action on this agenda item.
 
Item #28:
Discussion and/or action regarding Department Updates:
None.
 
Item #29:
Acknowledgment of Receipt:
a.  Amendment of the Jail Commissary agreement
b.  Windermere Oaks Notice
c.  TCEQ Notice
d.  Notification of Objection for proposed Scrap Tire Storage Site from Forrestwood Five, LLC
Acknowledged.
 
Item #30:
Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a.  Interlocal agreement with Coryell and McLennan Counties for the FY25 MVCPA grant for the Heart of Texas Auto Theft Task Force
b.  Contract renewal for one year with Collin County to provide Jail Services beginning Oct. 1, 2024 - Sept. 30, 2025
c.  Interlocal agreement with Kendall County for Jail Services
d.  Interlocal agreement with Bexar County for Jail Services
e.  Approval and signing of the FY2024 amendment to the FY2024 MOU with Burnet County, Burnet County Sheriff's Office and Bluebonnet Trails Community Services for additional time to 11/30/24 and additional $26,597.00 for the Crisis Diversion program
f.   Dental Contract between Burnet County and Texas Mobile Dentists, Inc. d/b/a Enable Dental for on-site services
g.  Contract labor agreement with DIJ Construction, Inc. for road striping on Co. Rd. 200 from Hills of Shady Grove to FM 1174
h.  Lease agreement for the County Employee Appreciation Banquet
i.   Eagle Contract Amendment to remove a portion of the software not needed in Burnet County
j.   Proposal from Cadence Bank to finance (4) 2025 Mack GR64F Dump Trucks
k.  East Texas Mack Buy Back Program for 2025 Mack GR64F Dump Trucks
l.   Sponsorship application for Music on Main in Marble Falls to be paid for by HOT funds
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 a-m.

Vote: 5 - 0 - Unanimously

 
Item #31:
Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings:
a.  Award the bid for the road work to be performed on CR 420
Joe Don Dockery, County Commissioner, stated Lone Star Paving Company was the low bid at $361,438.85 on County Road 420 road work.

b. added -Go out for bids for County Road 114.
c. added - Go out for bids for jail electrical work.


 
 

Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to award the bid for the road work to be performed on CR 420 to Lone Star Paving Company in the amount of $361,438.85.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 3 Billy Wall to approve going out for bids for County Road 114.

Vote: 5 - 0 - Unanimously

 

Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 3 Billy Wall to approve going out for bids for jail electrical work.

Vote: 5 - 0 - Unanimously

 
Item #32:
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 #33:
Calendar Review.
Reviewed.
 
Item #34:
Adjournment
Judge Oakley adjourned the meeting at 1:30 p.m. 
Signature