County of Burnet {} On this the 3rd day of January 2025, the Burnet County Commissioners Court met in special session. The following members of the court were present:
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Present:
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Commissioner Precinct 1 Jim Luther, Jr. Commissioner Precinct 2 Damon Beierle Commissioner Precinct 3 Chad Collier Commissioner Precinct 4 Joe Don Dockery |
| Vacant: | County Judge |
| Attendees: | Colleen Davis, County Attorney's Office Randy Levitt, Counsel to the Commissioners Court Vicinta Stafford, County Clerk Stephanie McCormick, Comm. Court Coordinator |
Call to Order
Invocation and Pledge of Allegiance to the Flags
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.
Gil Jones spoke regarding the County Judge appointment process.
Donna Holland Wilcox spoke regarding the County Judge appointment process.
Susan Doyal spoke regarding the County Judge appointment process.
Discussion and/or action regarding the receipt and acceptance of the resignation letter of Burnet County Judge James Oakley (Arredondo)
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve receipt and acceptance of the resignation letter of Burnet County Judge James Oakley.
Vote: 4 - 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).
a. Discuss the legal ramifications of County Judge Resignation and legal advice on how to move forward in the absence of a County Judge and with replacing a County Judge
Invited in Assistant County Attorney, Colleen Davis, and Randy Leavitt, Counsel to the Commissioners Court.
Reconvene in Open Session
Discussion and/or action regarding items discussed in Executive Session
Discussion and/or action regarding the designation of a member of the Burnet County Commissioners Court as the leader to conduct public meetings. Further, said designated commissioner to be granted the authority to sign documents on behalf of the Court on matters voted upon in public. Said authority shall also extend to any issues previously voted upon by the Court. Said designation and authority remain in place until the Commissioners Court appoints a new County Judge (Arredondo)
Colleen Davis, Assistant County Attorney, addressed questions and concerns.
Claire Nybro spoke.
Damon Beierle, County Commissioner, read the revised designation.
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve Damon Beierle, designated County Commissioner, to be granted the authority to sign documents on behalf of the Court on matters voted upon in public. Said authority shall also extend to any issues previously voted upon by the Court. Said designation and authority remain in place until the Commissioners Court appoints a new County Judge.
Vote: 4 - 0 - Unanimously
Discussion and/or action regarding the identification of members of the Burnet County Commissioners Court to handle day-to-day business matters on behalf of the Court. Said designation shall include providing day-to-day management of all Burnet County Departments that report to the Burnet County Commissioners Court (Arredondo)
Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 3 Chad Collier to approve identification of members of the Burnet County Commissioners Court to handle day-to-day business matters on behalf of the Court. Said designation shall include providing day-to-day management of all Burnet County Departments that report to the Burnet County Commissioners Court.
Vote: 4 - 0 - Unanimously
Discussion and/or action regarding the process to be used by the Burnet County Commissioners Court to appoint a new County Judge to fill the term vacated by Former Judge James Oakley's resignation (Arredondo)
Donna Holland Wilcox spoke.
Claire Nybro spoke.
Susan Doyle spoke.
Patricia Cope spoke.
Roxanne Nelson, Justice of the Peace Precinct 1, spoke.
Charlie Parker spoke.
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to open applications and post the position starting this afternoon and leaving open until January 31, 2025, at 12:00 p.m. On January 31, 2025, by 5:00 p.m., a posting of eligible applicants with their contact information and the Commissioners email addresses to receive public questions from that time until the next agenda deadline of February 6, 2025, at 12:00 p.m. for the first public meeting to interview applicants by the court. The court will narrow down to 2 applicants. Public comment period will reopen from this time until February 25, 2025 at the next Commissioners Court Meeting. At that time, a County Judge will be appointed to fill the unexpired term. A posting will be placed on the County Website, Human Resources page, and the County Commissioners page as they see fit. A press release will also be sent out. A public Workshop will take place on February 6, 2025, at 6:00 p.m. A public Workshop will take place on February 13, 2025 at 6:00 p.m.
Vote: 4 - 0
Discussion and/or action regarding the identification of members of the Burnet County Commissioners Court to handle day-to-day business matters on behalf of the Court. Said designation shall include providing day-to-day management of all Burnet County Departments that report to the Burnet County Commissioners Court (Arredondo)
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve adding Maintenance and Western Regional Radio Towers under Joe Don Dockery's management.
Vote: 4 - 0 - Unanimously
Discussion and/or action regarding the approval to sign the Certificate for Capital Area Housing Finance Corporation Single Family Mortgage Origination Program (Arredondo)
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve signing the Certificate for Capital Area Housing Finance Corporation Single Family Mortgage Origination Program.
Vote: 4 - 0
Discussion and/or action regarding setting April 26, 2025 as the spring BOPATE collection event (Dockery)
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to aprrove setting April 26, 2025 as the spring BOPATE collection event.
Vote: 4 - 0 - Unanimously
Discussion and/or action regarding updates on the Appointment Process for Justice of the Peace Precinct 4. Remove Commissioner Dockery from the Committee and appoint Community Member and Attorney Glenna Hodge as Committee Chair. Committee members are Glenna Hodge, Bill Earnest, Justice of the Peace Roxanne Nelson, Lisa Whitehead, Jane Marie Hurst and Debbie Bindseil, and Constable Missy Bindseil (Dockery)
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 2 Damon Beierle to approve to Remove Commissioner Dockery from the Committee and appoint Community Member and Attorney Glenna Hodge as Committee Chair. Committee members are Glenna Hodge, Bill Earnest, Justice of the Peace Roxanne Nelson, Lisa Whitehead, Jane Marie Hurst and Debbie Bindseil, and Constable Missy Bindseil
Vote: 4 - 0 - Unanimously
Discussion and/or action to allow Pct. 2 Road and Bridge crew to replace and relocate a culvert at a property owned by Marie Esparza dba D'Lara Home Construction. The property is located near the 800 Block of CR 200. The culvert was damaged during a time period that Pct. 2 stored materials on the property. Replacement due to damage. Relocation to fix a drainage issue and reduce driveways (Beierle)
Motion is made by Commissioner Precinct 2 Damon Beierle, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve Pct. 2 Road and Bridge crew to replace and relocate a culvert at a property owned by Marie Esparza dba D'Lara Home Construction. The property is located near the 800 Block of CR 200. The culvert was damaged during a time period that Pct. 2 stored materials on the property. Replacement due to damage. Relocation to fix a drainage issue and reduce driveways.
Vote: 4 - 0 - Unanimously
Discussion and/or action regarding a donation from Ms. Lavonna Fry to Burnet County for the Hermann Brown Free Library for non-operational purposes (Arredondo/F.Reeves)
Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 3 Chad Collier to approve a donation from Ms. Lavonna Fry to Burnet County for the Hermann Brown Free Library for non-operational purposes.
Vote: 4 - 0 - Unanimously
Discussion and/or action regarding the approval of Bonds for County Officials (Arredondo/Stafford)
Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 4 Joe Don Dockery to approve Bonds for County Officials.
Vote: 4 - 0 - Unanimously
Discussion and/or action regarding the reappointment of Joanne Hanifan and Bob Childress to ESD #3, effective January 3, 2025 (Luther)
Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 4 Joe Don Dockery to approve reappointment of Joanne Hanifan and Bob Childress to ESD #3, effective January 3, 2025.
Vote: 4 - 0 - Unanimously
Discussion and/or action for the authorization of payment of claims previously approved by the County Auditor (Arredondo/Smith)
Motion is made by Commissioner Precinct 1 Jim Luther, Jr., Seconded by Commissioner Precinct 2 Damon Beierle to approve authorization of payment of claims previously approved by the County Auditor.
Vote: 4 - 0 - Unanimously
Discussion and/or action regarding contracts, agreements or grants to be approved and/or ratified:
Motion is made by Commissioner Precinct 4 Joe Don Dockery, Seconded by Commissioner Precinct 1 Jim Luther, Jr. to approve 19a.
Vote: 4 - 0 - Unanimously
Calendar Review.
Adjournment
