The State of Texas {}
County of Burnet {} On this the 26th day of November 2024, the Burnet County Commissioners Court met in regular session. The following members of the court were present:
County of Burnet {} On this the 26th day of November 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:
-
- Colleen Davis, County Attorney's Office
- Vicinta Stafford, County Clerk
- Karin Smith, County Auditor
- Stephanie McCormick, Comm. Court Coordinator
Item #1:
Call to Order
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
Invocation and Pledge of Allegiance to the Flags
Judge Oakley led the Lords Prayer.
Pledge of Allegiance to the flags.
Pledge of Allegiance to the flags.
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.
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 in regards to the Baker Tilly audit.
Alan Trevino spoke regarding the removal of department updates from the agenda and requested a public apology from Judge Oakley to Patricia Cope regarding a previous statement.
Alan Trevino spoke regarding the removal of department updates from the agenda and requested a public apology from Judge Oakley to Patricia Cope regarding a previous statement.
Item #4:
Discussion and/or action regarding the appointment of Robbie Cheatham and Jodeen Lee to ESD #2 (Luther)
Discussion and/or action regarding the appointment of Robbie Cheatham and Jodeen Lee to ESD #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 appointment of Robbie Cheatham and Jodeen Lee to ESD #2.
Vote: 5 - 0 - Unanimously
Item #5:
Discussion on the announcement of TCEQ Public meeting concerning Proposed Air Quality Registration #176835, Asphalt Inc., on December 10th at 7pm at Hill Country Fellowship Church located at 200 Houston Clinton Drive, Burnet, TX. 78611 (Oakley)
Discussion on the announcement of TCEQ Public meeting concerning Proposed Air Quality Registration #176835, Asphalt Inc., on December 10th at 7pm at Hill Country Fellowship Church located at 200 Houston Clinton Drive, Burnet, TX. 78611 (Oakley)
Announced.
Attachments:
Item #6:
Discussion and/or action concerning the acceptance of a resignation letter from Justice of the Peace Pct. 4, effective February 7, 2025, and the appointment of a committee to make a recommendation to Commissioners Court for appointment, pursuant to Texas Local Government Code 87.041, effective February 8, 2025 (Oakley)
Discussion and/or action concerning the acceptance of a resignation letter from Justice of the Peace Pct. 4, effective February 7, 2025, and the appointment of a committee to make a recommendation to Commissioners Court for appointment, pursuant to Texas Local Government Code 87.041, effective February 8, 2025 (Oakley)
Judge Oakley recommended Commissioner Dockery, Constable Bindseil and Judge Bindseil to be on the committee, and he discussed the timeline of appointment.
Patricia Cope spoke. Lisa Whitehead, Justice of the Peace Precinct 2, asked for all 4 Justices of the Peace to be on committee.
Possible addition of an outside citizen was requested.
Julie Oakley spoke.
Patricia Cope spoke. Lisa Whitehead, Justice of the Peace Precinct 2, asked for all 4 Justices of the Peace to be on committee.
Possible addition of an outside citizen was requested.
Julie Oakley spoke.
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to make a committee to consist of 4 Justices of the Peace, Commissioner Pct. 4, Constable Pct. 4 and the possibility of a citizen or citizens to be appointed at a later date.
Vote: 5 - 0 - Unanimously
Item #7:
Discussion and/or possible action concerning the recent acquisition of 4.33 acres and related improvements known as the old elementary school (Oakley)
Discussion and/or possible action concerning the recent acquisition of 4.33 acres and related improvements known as the old elementary school (Oakley)
The court took no action on this agenda item.
Attachments:
Item #8:
Discussion and/or action regarding the results of the October 19, 2024 HHW (Household Hazardous Waste) event and setting the April 2025 date for the annual BOPATE event (Dockery)
Discussion and/or action regarding the results of the October 19, 2024 HHW (Household Hazardous Waste) event and setting the April 2025 date for the annual BOPATE event (Dockery)
Joe Don Dockery, County Commissioner, spoke on this item.
Joe Don Dockery, County Commissioner, will check dates for April 5, 2025, and April 26, 2025 and bring to the court at a future meeting.
Joe Don Dockery, County Commissioner, will check dates for April 5, 2025, and April 26, 2025 and bring to the court at a future meeting.
No action on this agenda item.
Attachments:
Item #9:
Discussion and/or action regarding the Texas Association of Counties (TAC) Cybersecurity Course Enrollment form for Counties training program (Oakley)
Discussion and/or action regarding the Texas Association of Counties (TAC) Cybersecurity Course Enrollment form for Counties training program (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 Texas Association of Counties (TAC) Cybersecurity Course Enrollment form for Counties training program.
Vote: 5 - 0 - Unanimously
Attachments:
Item #10:
Discussion and/or action regarding the acceptance of the Quarterly Investment Report - Q4 FY 24 (July - Sept. 2024) (Oakley)
Discussion and/or action regarding the acceptance of the Quarterly Investment Report - Q4 FY 24 (July - Sept. 2024) (Oakley)
Karrie Crownover, County Treasurer, gave report.
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to accept the Quarterly Investment Report - Q4 FY 24 (July - Sept. 2024).
Vote: 5 - 0 - Unanimously
Attachments:
Item #11:
Discussion and/or action regarding the approval of the Treasurer's monthly report - October 2024 (Oakley)
Discussion and/or action regarding the approval of the Treasurer's monthly report - October 2024 (Oakley)
Karrie Crownover, Treasurer, gave monthly report for October 2024.
Beginning Cash and Investments Balance $62,562,523.88
Cash Receipts $3,915,762.38
Allocated Int Earned $44,169.84
Interest Earned $217,695.25
Cash Disbursements -$4,567,359.05
Month Ending Cash and Investments Balance $62,128,622.46
Reserve Donations to VetRides $4,521.00
Beginning Cash and Investments Balance $62,562,523.88
Cash Receipts $3,915,762.38
Allocated Int Earned $44,169.84
Interest Earned $217,695.25
Cash Disbursements -$4,567,359.05
Month Ending Cash and Investments Balance $62,128,622.46
Reserve Donations to VetRides $4,521.00
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve Treasurer's monthly report - October 2024
Vote: 5 - 0 - Unanimously
Attachments:
Item #12:
Discussion and/or action concerning the replat of Lots 24, 26, 27, and 28, Oak Ridge North, to be known as Lots 24A and 27A, Oak Ridge North, a combination of 4 lots into 2 (Beierle)
Discussion and/or action concerning the replat of Lots 24, 26, 27, and 28, Oak Ridge North, to be known as Lots 24A and 27A, Oak Ridge North, a combination of 4 lots into 2 (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 replat of Lots 24, 26, 27, and 28, Oak Ridge North, to be known as Lots 24A and 27A, Oak Ridge North, a combination of 4 lots into 2.
Vote: 5 - 0 - Unanimously
Item #13:
Discussion and/or action concerning a donation deed for 0.0103 acres or 450 square feet, more or less, out of the Charles Cavenah Svy., Abst. No. 171, from Brian Robinson on behalf of Quest Trust Company located at the intersection of CR 200 and CR 200A for the improvement of public safety and Right-of-Way enhancement (Beierle)
Discussion and/or action concerning a donation deed for 0.0103 acres or 450 square feet, more or less, out of the Charles Cavenah Svy., Abst. No. 171, from Brian Robinson on behalf of Quest Trust Company located at the intersection of CR 200 and CR 200A for the improvement of public safety and Right-of-Way enhancement (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 donation deed for 0.0103 acres or 450 square feet, more or less, out of the Charles Cavenah Svy., Abst. No. 171, from Brian Robinson on behalf of Quest Trust Company located at the intersection of CR 200 and CR 200A for the improvement of public safety and Right-of-Way enhancement.
Vote: 5 - 0 - Unanimously
Attachments:
Item #14:
Discussion and/or action concerning a replat of Lot 142-A and a portion of Lot 145-A, Windermere Oaks, Devonshire Sec., to be known as Lot 142-B, Windermere Oaks, Devonshire Sec., to clear up a meets and bounds sale (Dockery)
Discussion and/or action concerning a replat of Lot 142-A and a portion of Lot 145-A, Windermere Oaks, Devonshire Sec., to be known as Lot 142-B, Windermere Oaks, Devonshire Sec., to clear up a meets and bounds sale (Dockery)
No action on this agenda item.
Item #15:
Discussion and/or action concerning the preliminary plat approval for the Ranch on Lake LBJ Warehouse Subdivision, a private subdivision consisting of 46 lots on 14.18 acres located off Paris Lane (Luther)
Discussion and/or action concerning the preliminary plat approval for the Ranch on Lake LBJ Warehouse Subdivision, a private subdivision consisting of 46 lots on 14.18 acres located off Paris Lane (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 the Ranch on Lake LBJ Warehouse Subdivision, a private subdivision consisting of 46 lots on 14.18 acres located off Paris Lane.
Vote: 5 - 0 - Unanimously
Item #19:
Acknowledgment of Receipt:
Acknowledgment of Receipt:
a. Acceptance of reports of County Officials as required by LGC 115 previously examined by the County Auditor: (a.) County Auditor Reports
b. MIS Summary
c. TCEQ Notice TXG670000
d. TCEQ Notice for Groundwater Monitoring
e. FY23 Certificate of Achievement for Excellence in Financial Reporting to Burnet County for its annual comprehensive financial report for the fiscal year ended September 30, 2023
b. MIS Summary
c. TCEQ Notice TXG670000
d. TCEQ Notice for Groundwater Monitoring
e. FY23 Certificate of Achievement for Excellence in Financial Reporting to Burnet County for its annual comprehensive financial report for the fiscal year ended September 30, 2023
Acknowledged.
Attachments:
Item #20:
Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
a. Approval and the approval to sign at a later date the FY2024 Amendment #2 to the FY2024 MOU with Burnet County, Burnet County Sheriff's Office, and Bluebonnet Trails Community Services for additional time to 8/31/25 and an additional $80,000 for Crisis Diversion program.
b. Approval and signing of the FY2025 Interlocal Agreement with Burnet County and Bluebonnet Trails Community Services for Burnet County Jail's Court Ordered Mental Health Assessment for $30 per assessment. The Interlocal period is 10/1/24 - 8/31/25
c. Approval for the Judge to sign the Motorola Final Project Acceptance Certificate for the Heart of Texas Auto Theft Task Force In-Car and Body-worn camera systems project.
d. Amendment to have the total amount paid to Ingram Eatz Catering increase from $6,600 to an amount not to exceed $8,250.00 for the catering agreement approved in Commissioners Court on September 10,2024
e. Service agreement with Bode Barker for his DJ Services for the Annual Employee Appreciation dinner
f. Sign a replacement - the resolution originally approved and signed on 9/24/24 authorizing FY 25 County grant to Williamson Burnet County Opportunities for $10,000 in conjunction with Texas Department of Agriculture Texans Feeding Texans, to provide home delivered meals to homebound persons in the county who are elderly and/or have a disability and certifying that the county has approved their accounting system or fiscal agent
g. MOU and Waiver of Liability between The Burnet County Sheriff's office and The Texas Dept. of Public Safety regarding the use of the Burnet County Sheriff's Office Firearms Training Facility
b. Approval and signing of the FY2025 Interlocal Agreement with Burnet County and Bluebonnet Trails Community Services for Burnet County Jail's Court Ordered Mental Health Assessment for $30 per assessment. The Interlocal period is 10/1/24 - 8/31/25
c. Approval for the Judge to sign the Motorola Final Project Acceptance Certificate for the Heart of Texas Auto Theft Task Force In-Car and Body-worn camera systems project.
d. Amendment to have the total amount paid to Ingram Eatz Catering increase from $6,600 to an amount not to exceed $8,250.00 for the catering agreement approved in Commissioners Court on September 10,2024
e. Service agreement with Bode Barker for his DJ Services for the Annual Employee Appreciation dinner
f. Sign a replacement - the resolution originally approved and signed on 9/24/24 authorizing FY 25 County grant to Williamson Burnet County Opportunities for $10,000 in conjunction with Texas Department of Agriculture Texans Feeding Texans, to provide home delivered meals to homebound persons in the county who are elderly and/or have a disability and certifying that the county has approved their accounting system or fiscal agent
g. MOU and Waiver of Liability between The Burnet County Sheriff's office and The Texas Dept. of Public Safety regarding the use of the Burnet County Sheriff's Office Firearms Training Facility
Claire Nybro spoke on item d and e, and she does not approve of spending tax payer money on the banquet.
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to approve a-g.
Vote: 5 - 0 - Unanimously
Attachments:
Item #21
Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings:
Discussion and/or action concerning calling for Bids and Bid openings, request for proposals/qualifications and related openings:
a. Contract for 25-4090-01 with Burnet County Annex Renovation/Expansion with J Poole Construction
b. Award a bid 25-6100-02 Burnet County Street Striping Projects.
c. Award a bid 25-6100-01 Dense-Graded Hot Mix Asphalt
d. Authorization to go out for bids for cold mix, paving rock, bulk fuel, and oil changes
b. Award a bid 25-6100-02 Burnet County Street Striping Projects.
c. Award a bid 25-6100-01 Dense-Graded Hot Mix Asphalt
d. Authorization to go out for bids for cold mix, paving rock, bulk fuel, and oil changes
The court discussed this agenda item.
Hold on Oil change portion of d.
Megan Schumann, County Auditor's Office, spoke on this item.
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve 21a. Contract for 25-4090-01 with Burnet County Annex Renovation/Expansion with J Poole Construction.
Hold on Oil change portion of d.
Megan Schumann, County Auditor's Office, spoke on this item.
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve 21a. Contract for 25-4090-01 with Burnet County Annex Renovation/Expansion with J Poole Construction.
Recess at 9:51 a.m.
Reconvene at 10:02 a.m.
Motion made prior to recess for 21a.
Vote made after recess for 21a.
Vote: 5 - 0 - Unanimously
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve 21b. Award a bid 25-6011-02 Burnet County Street Striping Projects to DIJ Construction, Inc.
Vote: 5 - 0 - Unanimously
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to award 21c. Primary to Asphalt Inc. and secondary contract award to Texas Materials based upon particular locations or type of material as per the local government code.
Change to 15-30 miles.
Vote: 5 - 0 - Unanimously
Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve 21d. going out for bids for cold mix, paving rock, bulk fuel but remove oil changes.
Vote: 5 - 0 - Unanimously
Reconvene at 10:02 a.m.
Motion made prior to recess for 21a.
Vote made after recess for 21a.
Vote: 5 - 0 - Unanimously
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve 21b. Award a bid 25-6011-02 Burnet County Street Striping Projects to DIJ Construction, Inc.
Vote: 5 - 0 - Unanimously
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 3 Billy Wall to award 21c. Primary to Asphalt Inc. and secondary contract award to Texas Materials based upon particular locations or type of material as per the local government code.
Change to 15-30 miles.
Vote: 5 - 0 - Unanimously
Motion is made by Commissioner Precinct 3 Billy Wall, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve 21d. going out for bids for cold mix, paving rock, bulk fuel but remove oil changes.
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:
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 concerning budget amendments.
- Consideration and approval concerning budget inner departmental line item transfers.
- Consideration and authorization of payment of claims previously approved by the County Auditor.
- Consideration and approval regarding Departmental equipment requests and/or property transfers
Patricia Cope spoke on this item.
Claire Nybro spoke on this item.
Alan Trevino, Chief Deputy, spoke on this item.
Claire Nybro spoke on this item.
Alan Trevino, Chief Deputy, spoke on this item.
Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 4 Joe Don Dockery to approve the Consent Agenda in its entirety.
Vote: 5 - 0 - Unanimously
Attachments:
Item #23:
Calendar Review.
Calendar Review.
Reviewed.
Item #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).
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. Allowing for consultation with attorney regarding pending litigation and settlement offer with Defendant Kroger regarding County of Burnet v. Purdue Pharma, L.P. , et al., MDL Pretrial Cause No. 2018-63587, in the 152d District Court of Harris County, Texas
Executive session at 10:22 a.m.
Invited in County Auditor and County Attorney's Office.
Invited in County Auditor and County Attorney's Office.
Item #17:
Reconvene in Open Session.
Reconvene in Open Session.
Reconvene at 10:29 a.m.
Item #18:
Discussion and/or action regarding items discussed in Executive Session.
Discussion and/or action regarding items discussed in Executive Session.
a. Discussion and/or action in consideration of authorizing the County Judge or other authorized officials to execute the settlement participation and release forms regarding settlement offers from Kroger in the matter of Texas opioid multi-district litigation for the County in the matter of County of Burnet v. Purdue Pharma, L.P., et al
Colleen Davis, County Attorney's Office, gave update on litigation.
Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 2 Damon Beierle to approve settlement offers from Kroger in the matter of Texas opioid multi-district litigation for the County in the matter of County of Burnet v. Purdue Pharma, L.P., et al.
Vote: 5 - 0 - Unanimously
Attachments:
Item #24
Adjournment
Adjournment
Judge Oakley adjourned the meeting at 10:33 a.m.
Signature
