Feb 08, 2022 Commissioners Court

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GOOD MORNING, EVERYONE.

WELCOME TO CALDWELL COUNTY COMMISSIONERS COURT.

WE'RE GOING TO CALL THIS MEETING TO ORDER ON TUESDAY, THE 8TH DAY OF FEBRUARY 2022 AT 9:00 A.M.. COMMISSIONER ROLAND, WOULD YOU LEAD US IN THE INVOCATION PLEASE? YES SIR. [INVOCATION] GOOD MORNING TO EVERYONE.

THE BIBLE SAY THAT MAN SHOULD ALWAYS PRAY AND I'M READY.

OUR FATHER, WHICH ART IN HEAVEN, THE FATHER OF OUR LORD AND SAVIOR, JESUS CHRIST.

FATHER ONCE AGAIN THAT YOU WEAKEN A HUMBLE SERVANT STANDING HERE IN THIS COURTROOM JUST TO SAY THANK YOU, LORD.

I THANK YOU FOR ALL THE MANY BLESSINGS THAT YOU HAVE BESTOWED UPON US ALL.

THEN, LORD, I JUST PRAY THAT YOU WOULD KEEP HELP US TO HOLD OUT UNTIL OUR TIME HAS COME.

THESE AND ALL BLESSINGS I PRAY IN THE NAME OF JESUS.

AMEN.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

GOD, ONE AND INDIVISIBLE.

OK, COMMISSIONERS, DO WE HAVE ANY ANNOUNCEMENTS THIS MORNING?

[Announcements]

OK, COMMISSIONER SHELTON, I ATTENDED A COUPLE OF THE BOARD MEETINGS THAT I'M APPOINTED TO THE AREA AGENCY OF AGING TALKED WITH KELLY FRANK, AND THEY'RE GOING TO HERE IN THE NEAR FUTURE. EXPAND THE MEALS ON WHEELS PROGRAM HERE IN CALDWELL COUNTY.

WE DEVELOPED A NEW ONE IN MCMAHAN AND IT IS THE SECOND LARGEST THEY HAVE IN THEIR RURAL AREA. SO IT HAS BEEN A REALLY, REALLY GREAT SUCCESS, HELPING OUT A LOT OF THE SENIOR CITIZENS OUT THERE, OUT IN THE COMMUNITY.

ON THE COMMUNITY ACTION.

THEY WANTED TO EXPRESS THAT THEY HAVE A LOT OF PROGRAMS AVAILABLE FOR PEOPLE WHO ARE SEEKING TO GET A CNA LICENSE, HEAT AND AIR VAC CERTIFICATIONS.

THEY HAVE A WHOLE LOT OF PROGRAMS TO OFFER.

SO, YOU KNOW, IF PEOPLE ARE OUT THERE LOOKING TO TRY TO GET SOME HELP WITH GETTING EDUCATION CAN AFFORD IT SOMEWHERE ELSE.

THEY CAN GO THROUGH THE COMMUNITY ACTION OF CENTRAL TEXAS.

THEY'RE LOCATED IN SAN MARCOS.

OK, THANK YOU.

COMMISSIONER THERIOT, WE HAD A MEETING OF THE SUBDIVISION REVIEW COMMITTEE YESTERDAY IDENTIFIED SEVERAL ISSUES THAT WE WANT TO LOOK AT.

I THINK THERE'S STILL MANY MORE AND WE'LL MEET AGAIN NEXT MONTH TO GO OVER THAT.

ALL RIGHT. VERY GOOD. COMMISSIONER ROLAND.

YES I ALSO ATTENDED THAT MEETING YESTERDAY, AND I WAS REALLY IMPRESSED WITH A LOT OF PEOPLE AT IT KNEW A WHOLE BUNCH.

VERY GOOD. JUST WANT TO REMIND EVERYBODY THAT COMMISSIONERS COURT WILL BE FRIDAY THE 18TH. SO IF YOU HAVE AGENDA ITEMS, THE CUT OFF WILL BE MONDAY THE 14TH.

IT'S MOVED UP SOME.

SO JUST JUST A REMINDER, IF YOU'VE GOT SOMETHING THAT YOU WANT TO GET ON THE AGENDA TO PLEASE SEND IT IN BY MONDAY, THE 14TH.

DO WE HAVE ANY CITIZENS COMMENTS? NO CITIZENS COMMENTS.

OK WITH THAT, WE'LL MOVE TO THE CONSENT AGENDA.

[CONSENT AGENDA]

I MAKE A MOTION WE APPROVE THE CONSENT AGENDA.

OK, WE HAVE A MOTION TO APPROVE CONSENT, DO WE HAVE A SECOND? SECOND, WE HAVE A MOTION AND A SECOND ALL IN FAVOR, SAY AYE, AYE.

OPPOSED HEARING NONE. MOTION CARRIES.

[SPECIAL PRESENTATION]

THE FIRST IS CHERRYVILLE PROJECT, LOCATED AT THE INTERSECTION OF SH 130 AND SH 80.

COME ON UP AND MAKE SURE YOUR LITTLE GREEN LIGHT ON YOUR MIC'S ON THERE AND IF WE MAY.

YES. OH NO.

TURN IT IS ON SHANNON.

ALL RIGHT, GREAT. GOOD MORNING, EVERYBODY.

GOOD MORNING, SHANNON LIVINGSTON.

I'M THE PRINCIPAL IN RREAF COMMUNITIES.

RREAF IS A REAL ESTATE COMPANY THAT ROOTS GO BACK THIRTY FIVE YEARS.

WE HAVE ALL TYPES OF DIFFERENT ASSET CLASSES THAT WE DEVELOP AND MANAGE, YOU KNOW, EVERYTHING FROM MULTIFAMILY TO HOSPITALITY TO EXTENDED STAY, SUBDIVISION LAND AND, YOU KNOW, JUST GROUND UP DEVELOPMENT PROGRAMS THAT WE BUILD AND TERTIARY MARKETS WHERE SUPPLY CAN'T KEEP UP WITH DEMAND.

AND SO THAT IS OUR HISTORY.

[00:05:03]

WE'VE BEEN WORKING ON IT FOR SEVERAL MONTHS NOW.

WE HAVE A WHAT WE HOPE IS A GOOD VISION FOR THE PROJECT.

WE WANT TO DO A FIRST CLASS MIXED USE MASTER PLAN DEVELOPMENT THAT WOULD PROVIDE, YOU KNOW, TOWNHOMES, SINGLE FAMILY HOMES, APARTMENTS, SCHOOLS, PUBLIC SPACES AND OTHER INDUSTRIAL TYPE PRODUCTS AND COMMERCIAL PRODUCTS THAT WOULD SERVE THIS COMMUNITY.

AND WE WANT TO DO THAT IN A WAY THAT EVERYBODY CAN BE PROUD OF.

AND WE'RE, YOU KNOW, CERTAINLY THANKFUL FOR THE OPPORTUNITY TO BE HERE BEFORE YOU AND TALK THROUGH AND ANSWER QUESTIONS THAT YOU MIGHT HAVE.

WE'VE SUBMITTED A DRAFT DEVELOPMENT AGREEMENT TODAY.

WE WOULD LIKE TO GET INTO THAT A LITTLE BIT IF POSSIBLE.

THE BIGGEST THING WE'D LIKE TO LOOK AT IN WHAT WE'VE SUBMITTED THUS FAR IS THE PERIMETER OFF ROAD AGREEMENT THAT WE NEED TO GET ACCOMPLISHED WITH THE COUNTY IN ORDER TO EFFECT THE LEGISLATION THAT HAS BEEN PUT IN PLACE AND CREATE THE MUD OVER THE PROPERTY.

AND SO WE'RE LOOKING FOR HELP IN THAT REGARD, AND I APPRECIATE YOUR TIME.

THANK YOU VERY MUCH AND WE'LL HAVE WE'LL AFTER THE NEXT PRESENTATION AND WE'LL GO TO THE AGENDA ITEM WHERE WE CAN DISCUSS IT.

OK, THANK YOU.

OK, THE NEXT PRESENTATION IS MISTY FARMS PROPOSED SUBDIVISION, LOCATED AT 4211 MISTY LANE. GOOD MORNING, I'M KIP KRONENBERG, REPRESENTING MISTY FARMS. WE HAVE A HUNDRED ACRE PIECE OF PROPERTY ON MISTY LANE AND FARMERS ROAD IN CALDWELL COUNTY. AND WE'VE GOT A PRELIMINARY PLAN AND DEVELOPERS DEVELOPMENT AGREEMENT, ET CETERA, THAT WE'RE WORKING THROUGH WITH THE COUNTY AND WITH THE CITY OF SAN MARCOS.

HAPPY. IS THIS THE TIME WHERE WE'RE GOING TO SHOW OUR POWERPOINT OR IS THAT LATER ON, YOU CAN SHOW YOUR POWERPOINT NOW DURING YOUR PRESENTATION AND THEN WE'VE GOT AN ITEM TO DISCUSS THE AGREEMENT.

HERE WE GO. COMMISSIONERS, IF I MAY.

ARE YOU REFERRING TO THE MAPS THAT YOU HAD SENT ME? MY NAME IS CHASE GOETZ, I'M THE COUNTY ATTORNEY FOR THE COMMISSIONERS COURT.

ARE YOU REFERRING TO THE MAPS THAT YOU HAD SENT ME? WELL, WE SENT A LITTLE POWERPOINT YESTERDAY, YOU KNOW, AN OVERVIEW OF THE PROJECT MAP SHOWING WHERE IT IS, ET CETERA, RIGHT? AND ONE OF THOSE THINGS WHERE IT WAS A FOUR MAP POWERPOINT, IS THAT WHAT YOU'RE TALKING ABOUT? YEAH. SO THE COMMISSIONERS HAVE THAT BEFORE THEM.

IF YOU IF YOU KNOW WHAT WHAT THAT IS.

SURE. SO JUST TO LET YOU KNOW THAT THEY DO HAVE THAT IN FRONT OF THEM? OK. OK, GREAT.

WELL, THEN I'LL JUST. CAN I GET A COPY? HERE, MR. KRONENBERG, YOU CAN HAVE A COPY OF MINE [INAUDIBLE].

OK, SO WE'VE GOT AN OVERVIEW PICTURE THERE THAT SHOWS OUR PROJECT.

THANK YOU. THAT SHOWS OUR PROJECT AND THEN IT SHOWS OTHER PROPOSED PROJECTS THAT ARE IN THE IMMEDIATE AREA.

IT ALSO SHOWS MARKED IN YELLOW OTHER PROPERTIES THAT WE OWN IN THAT AREA THAT WE'RE WORKING THROUGH RIGHT NOW TO COME UP WITH PRELIMINARY PLANS ON AND KIND OF FUTURE DEVELOPMENT WHICH WAS GOING TO BE HIGHEST AND BEST FOR THE PROPERTIES.

THIS PARTICULAR PROPERTY THAT WE'RE TALKING ABOUT TODAY, AS I SAID EARLIER, IS ONE HUNDRED ACRES. THANK YOU.

IT'S ABOUT FIVE HUNDRED AND FIFTY FORTY AND FORTY FIVE FOOT SINGLE FAMILY LOTS.

IT'LL BE STICK BUILT HOMES.

ONE OF THE LIKELY ONE OF THE NATIONAL HOMEBUILDERS, WILL BE THE PURCHASER OF THE PROPERTY. WE'VE GOT A COPY OF DEVELOPMENT AGREEMENT THAT WAS APPROVED BY THIS BODY FOR

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AND YOU'VE GOT A COPY OF THAT IN YOUR PACKET TODAY AS WELL.

WE'RE EXCITED TO BE IN CALDWELL COUNTY.

WE'RE EXCITED TO HAVE THIS PROJECT AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE FOR ME. OK, I THINK WE'LL SAVE THAT FOR WHEN WE GET TO THE ITEM.

WE HAVE AN ITEM COMING UP FOR THE DEVELOPMENT AGREEMENT, SO WE'LL SAVE IT UNTIL THEN.

OK. ALL RIGHT. THANK YOU.

THANK YOU. WE'RE GOING TO GO AHEAD AND GO TO ITEM 5 DISCUSSION ACTION

[5. Discussion/Action regarding the burn ban.]

GOOD MORNING, JUDGE. GOOD MORNING, COMMISSIONERS, STAFF AND GALLERY.

JUST GIVING YOU AN UPDATE ON OUR [INAUDIBLE] NUMBERS HERE FOR CALDWELL COUNTY.

RIGHT NOW, THE MINIMUM IS A 3, THE MAX IS 168, THE AVERAGE IS 43 WITH THE CHANGE OF 2.

OUR NUMBERS ARE DOWN REAL LOW FROM SUBSTANTIAL RAIN THAT WE'VE HAD IN THE PAST WEEK.

WE'VE HAD CLOSE TO A LITTLE BIT OVER FOUR INCHES IN SOME PLACES.

SOME PLACES GOT MORE.

WE'RE EXPECTING RAIN ON SATURDAY OF 20 PERCENT.

RIGHT NOW, THE BURN BAN IS OFF, BUT THERE'S A LOT OF PEOPLE OUT THERE.

THEY'RE BURNING LARGE BRUSH PILES, AND THERE'S A LOT OF PEOPLE THAT ARE BURNING THAT DON'T KNOW WHAT THEY'RE SUPPOSED TO BURN.

THEY CAN CONTACT MY OFFICE HERE AT 512-398-1822 AND WE CAN TELL THEM EXACTLY WHAT THEY NEED TO BURN. IF YOU'RE A BIG IF YOU'RE A FARMER AND DON'T KNOW WHAT TO BURN AND OR HOW TO BURN AND WHAT YOU NEED TO DO.

YOU CAN GO TO THE TCEQ WEBSITE AT WWW.TCEQ.TEXAS.GOV AND GO TO OUTDOOR BURNING IN TEXAS , RG-049 AND IT'LL TELL YOU EVERYTHING YOU NEED TO KNOW ABOUT BURNING OUTDOORS AND SOMEBODY. SO FAR, EVERYBODY'S BEEN COMPLIANT.

WE HAVEN'T HAD ANY ANY WILDFIRES TO, YOU KNOW, THAT TOOK, YOU KNOW, THAT WENT OUT OF CONTROL AND IT'S GOING GOOD SO FAR.

BUT JUST REMEMBER THE HIGHER THE WINDS THE DRYER IT GETS, THE NUMBERS CHANGE REALLY, REALLY FAST. SO CURRENTLY, I AM RECOMMENDING THAT WE KEEP THE BURN BAN OFF UNTIL THE NEXT COMMISSIONERS COURT. OK, THANK YOU.

WELL, I'LL MAKE THE MOTION TO KEEP THE BURN BAN OFF.

WE HAVE MOTION TO KEEP THE BURN BAN OFF.

DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION AND A SECOND ALL IN FAVOR, SAY AYE, AYE.

OPPOSED HEARING NONE. MOTION CARRIES.

THANK YOU, HECTOR. ITEM 6 DISCUSSION ACTION TO DISCUSS THE DEVELOPMENT AGREEMENT FOR

[6. Discussion/Action to discuss the development agreement for Cherryville Project located at the intersection of SH-130 and SH-80.]

COMMISSIONER THERIOT. THANK YOU, JUDGE.

WE'VE WE'VE HAD SEVERAL MEETINGS WITH THE PROJECT DEVELOPERS.

AND SHANNON, ARE YOU? ARE YOU AVAILABLE? CAN YOU COME UP? COME UP TO THE MIC, PLEASE, SIR.

THANK YOU. JANET, YOU JUST KIND OF UPDATE THE COMMISSION ON WHERE YOU ARE IN YOUR PROCESS.

YOU'VE BEEN HAVING MEETINGS WITH TECH START AND 130 REGARDING THE ESTABLISHMENT OF A OF AN INTERCHANGE ON 130 KIND OF IN BETWEEN THE BLACK ANKLE ROAD AREA AND 80 IN ORDER TO PROVIDE AN ACCESS POINT INTO YOUR YOUR DEVELOPING.

CAN YOU KIND OF TELL US WHERE YOU ARE WITH THOSE DISCUSSIONS? YES, SIR. WE HAVE BIWEEKLY CALLS NOW WHICH THE COUNTY HAS BEEN A PARTY TO, AND WE HAVE PROPOSED AN INTERCHANGE KIND OF MID BLOCK IN THE PROPERTY THAT WILL CREATE A SECOND FOR PRIMARY ACCESS.

AND I THINK THAT WOULD REALLY ENHANCE THE TRANSPORTATION IN THAT AREA AND ALLOW FOR ADDITIONAL CONNECTIVITY TO OTHER OTHER REGIONAL AREAS AROUND THE PROPERTY.

TXDOT AND THE CONCESSION HAVE BEEN SUPPORTED.

THEY ARE CONTINUE TO WORK WITH US AND, YOU KNOW, DETERMINING WHERE THAT SPECIFICALLY IS GOING TO BE PLACED ON THE PROPERTY, ON THE CONCESSION AND THE TXDOT RIGHT OF WAY AND HOW IT'S GOING TO ACCESS THE PROPERTY.

WE'VE BEEN WORKING WITH ENGINEERING TO DISCUSS ROADWAY ALIGNMENTS THROUGH THE PROPERTY, AND WE'RE GOING TO MAKE THAT CONNECTION FROM EAST WEST ALL THE WAY TO THE COUNTY ROAD SO THAT CAN BE CONTINUED ON INTO OTHER AREAS OF THE THE REGION.

WE ARE WORKING THROUGH A PROCESS NOW.

WE AND, YOU KNOW, PAUL MCCRACKEN, OUR ENGINEERS AT KIMBERLY HORN, CAN SPEAK TO IT FURTHER. BUT WE'RE TRYING TO WORK A SITUATION WHERE TXDOT MAY CONVEY SOME OF THE RIGHT OF WAY BACK TO THE DEVELOPER.

[00:15:02]

AND SO THAT CREATES A LOT OF ISSUES WITH FLOW OF TRAFFIC LONG TERM, HAVING THAT ROAD AS IT EXISTS NOW.

AND SO WE'RE WORKING THROUGH THOSE ISSUES, AND PAUL WOULD BE ABLE TO SPEAK TO THAT MORE LIKE HIM TO KIND OF GO THROUGH EVERYTHING IN DETAIL WITH YOU.

BUT SO FAR, IT'S BEEN VERY FAVORABLE AND EVERYBODY'S WORKING TOGETHER TO ACHIEVE THE GOAL, AND I THINK IT'S GOING TO BENEFIT THE PROJECT AND THE COUNTY.

OK. AND SO ONE OF THE FIRST THINGS YOU'RE NEEDING IS A OFFSITE ROAD PLAN.

OR IS THAT WHAT WHAT THE TERM IS TO TO TO BE A COMPONENT OF YOUR LEGISLATION REGARDING MUD? YES, SIR. THERE'S, YOU KNOW, A LOT OF PEOPLE, I GUESS DON'T READ ALL THE LANGUAGE IN A LOT OF THESE AGREEMENTS, BUT YOU KNOW, WE DO.

AND IN THAT IN THAT LEGISLATION, IT STATES THAT WE NEED TO ENTER INTO AGREEMENT WITH THE PEOPLE THAT HOLD JURISDICTION OVER THE PROPERTY, WHICH IS THE COUNTY.

AND YOU KNOW, WE HAVE REACHED OUT AND WANT TO PRETTY MUCH WORK TOGETHER AND GET THAT DONE. WE HAVE PROPOSED SOME LANGUAGE THAT IN THE DRAFT DEVELOPMENT AGREEMENT, WHICH WE CAN TALK ABOUT SEGREGATING OUT, YOU KNOW, TO MAKE IT SIMPLE, MAYBE SIMPLIFY THE WHOLE PROCESS THAT WE THINK DEALS WITH, YOU KNOW, DEALS WITH THE ISSUES AND PROTECTS THE COUNTY AND PROTECTS EVERYBODY INVOLVED IN THE AGREEMENT.

AND SO, YOU KNOW, NEVER INTEND TO HAVE ANY KIND OF GOTCHAS IN THAT LANGUAGE AT ALL.

JUST WANT IT TO MAKE IT TO WHERE, YOU KNOW, SOME COMMON SENSE WAS USED AND SAY, YOU KNOW, THESE ARE THE THINGS THAT YOU'D HAVE TO DO ANYWAY IF A TIE WERE DONE ON THIS PROPERTY.

SO SINCE WE'RE NOT TRYING TO GET TO A ROADWAY SYSTEM BUT ARE SITTING ADJACENT TO ONE, ALL THIS STUFF HAS DEEMED TO HAVE MADE SENSE TO THE PARTIES ON THE CALLS AND DISCUSSIONS WE'VE HAD THUS FAR. SO WE'RE LOOKING FOR YOUR INPUT THERE IN ORDER TO TRY TO FINALIZE THAT PORTION OF THE THE OVERALL DEVELOPMENT AGREEMENT, WHICH WOULD AFFECT THE LEGISLATION. AND WE'LL JUST CONTINUE PLANNING FORWARD WORKING WITH THE COUNTY, YOU KNOW, TO GET WHERE WE NEED TO BE ON AGAIN, A REALLY NICE MIXED USE MASTER PLAN THAT EVERYBODY CAN BE PROUD OF LONG TERM.

GOT YOU. AND ONE MORE THE.

SO IN ORDER TO HELP YOU GET WHERE YOU NEED TO BE AND AND TO HELP US, WE'VE KIND OF DISCUSSED. YOU KNOW, IN GENERAL, SOME OF THE ROADWAYS THAT ARE SHOWN ON OUR MASTER THOROUGHFARE PLAN AND HOW THOSE WILL WORK, WHEN THEY'RE WHEN THEY'RE ENTERING YOUR DEVELOPMENT AND LEAVING AND HOW WE CAN COORDINATE AND MAKE SURE THAT YOUR ROAD PLAN COORDINATES WITH THE COUNTIES LONG RANGE ROAD PLAN.

AND WE'VE WE'VE TALKED ABOUT, I THINK THIS IS ACTUALLY THE OLD LAND USE PLAN THAT'S BEEN PRESENT ON ON THIS PROPERTY FOR A WHILE, I BELIEVE, AND WE'LL I THINK WHAT WE'RE WE'RE HOPING TO REACH, I GUESS, AND I REALIZE YOU DON'T HAVE DETAILED PLANS AND WE DON'T WE DON'T WANT TO MAKE YOU DO THOSE COULD SET THE PERMANENT TYPE THINGS AT THIS CONCEPTUAL STAGE, BUT TRY TO GET TO A POINT WHERE WE HAVE A BUBBLE PLAN, LAND USE BUBBLE PLAN SUCH AS THIS THAT INDICATES THE ROADWAYS INTERSECTING AND LEAVING THE PROPERTY AT LOCATIONS WHERE WHERE WE'RE WHERE WE'RE COMFORTABLE THAT WE'RE NOT PRECLUDING OUR LONG RANGE MASTER PLAN FROM FROM WORKING WITH THE SITE.

CAN CAN YOU GIVE US KIND OF AN UPDATE ON WHERE THAT IS? SURE. YOU KNOW, WE CERTAINLY, YOU KNOW, ARE CONSIDERATE OF THAT AND WANT TO TO WORK TO MAKE THAT HAPPEN AS NEEDED BE FOR, YOU KNOW, NOT ONLY THE PROJECT WITH THE REGION AGAIN.

WE'VE TALKED TO MR. BRATTON ABOUT THAT AND KIND OF THE CONNECTIVITY OF SOME OF THE PLANNED ROADWAYS OFF SITE AND WE KIND OF WORKED ON THE ALIGNMENTS.

THIS IS AN INITIAL BUBBLE PLAN ROLAND PLANNING THE WHOLE PROJECT AT THIS TIME FROM WHAT WAS THERE BEFORE. SO WE'RE, YOU KNOW, IN THE EARLY STAGES OF THAT.

BUT YOU KNOW, AS YOU SAID, WE'RE TRYING TO FIND THOSE TOUCH POINTS ON THE ADJACENT, YOU KNOW, ROADS THAT WE CAN CONNECT TO.

AND WE WOULD KIND OF LOOK AT THAT.

AND THEN JUST THINKING ABOUT YOUR COMMENT, MAYBE THE WAY OBVIOUSLY WE WANT TO MAKE SURE THAT EVERYBODY'S HAPPY WITH IT AT THE END OF THE DAY.

AND SO IN WHAT WE'VE TALKED ABOUT IN THE LANGUAGE, YOU KNOW, FROM MY STANDPOINT, I THINK WE COULD PROBABLY MOVE FORWARD WITH THAT.

AND WITH THAT BEING AN AGREEMENT THAT WE'RE GOING TO GET TO, YOU KNOW, AN AGREEMENT ON THOSE TOUCH POINTS, WE OBVIOUSLY THINK THAT THIS ROADWAY ALIGNMENT I'M GOING TO POINT

[00:20:44]

SURE. ABSOLUTELY.

TRACY WHAT WHAT CAN WE COMMUNICATE TO THEM RIGHT NOW THAT YOU NEED IN ORDER TO HELP THEM GET TO WHERE THEY NEED TO BE WITH THIS FIRST PHASE? I THINK WE HAD A VERY GOOD CONVERSATION LAST WEEK, AND I THINK THAT, YOU KNOW, THERE'S OBVIOUSLY A LOT TO CATCH UP ON FOR BOTH SIDES.

AND REALLY, LAST WEEK, I REALLY FELT LIKE WE WERE ALL BEGINNING TO SEE THE BIG PICTURE.

AND WE TALKED ABOUT CONNECTIVITY FROM THE NEW INTERCHANGE TO TO THE EAST TO SOME OF THE OTHER THOROUGHFARE ITEMS. THE COUNTY'S WORKING ON THAT ACTUALLY LINED UP VERY WELL WITH THIS AND THEN STARTED TALKING ABOUT ANOTHER UPDATE TO THE COUNTY'S THOROUGHFARE PLAN TO CONTINUE THIS FURTHER WEST THIS CONNECTION, BUT AT THE SAME TIME, BEING COGNIZANT THAT FROM A DEVELOPER STANDPOINT, YOU DON'T WANT THIS AS A AS A HIGH SPEED THOROUGHFARE THROUGH.

SO TRYING TO RETAIN THE FACT THAT IT IS A MASTER COMMUNITY THAT OVERALL HAS A SUBSTANTIAL RESIDENTIAL COMPONENT, WE DON'T WANT TO BREAK THE DEVELOPMENT IN HALF.

WE ALSO TALKED ABOUT THE THE 130 FRONTAGE AND CHERRYVILLE PARKWAY IN A TXDOT DISPOSITION OF THAT, AND THERE'S ANOTHER PHONE CALL LATER THIS AFTERNOON.

I THINK THAT A CHERRYVILLE ACKNOWLEDGE THAT THEY WERE GOING TO GET US AND KIND OF SKETCHES OF HOW THAT WOULD BE PHASED OUT AS IT SLOWLY WENT AWAY.

BUT I THINK IT'S REALLY IN EVERYBODY'S BEST INTEREST TO NOT HAVE THE GIANT THING THAT STATE HIGHWAY 130 IS.

THEN THIS PARALLEL TWO WAY ROAD, WHICH TWO WAY FRONTAGE ROADS ARE TYPICALLY BAD IDEA AND THEN ANOTHER ROAD PARALLELING THAT IT'S JUST A BUNCH OF WASTED ASPHALT OUT THERE.

SO WE'RE GOING TO TALK TO TXDOT ABOUT THAT THIS MORNING.

I THINK THAT WE'RE ALL HEADED IN THE RIGHT IN THE SAME DIRECTION NOW WITH THE ROADWAY ASPECTS ON THE DEVELOPMENT AGREEMENT.

WE'VE WE'VE STILL GOT SOME THINGS TO WORK OUT.

AND ONE OF THE THINGS TO FOR FOR EVERYBODY TO CONSIDER IS WHETHER WE'RE GOING TO BIFURCATE THESE IN TWO SEPARATE AGREEMENTS OR TRY AND KEEP THEM TOGETHER AS ONE OF THE.

SO THAT'S SOMETHING THAT WE THAT WE NEED TO COORDINATE AND FIGURE OUT.

OK, SHANNON, DO YOU HAVE A TIMELINE ON THIS ROAD ROADWAY AGREEMENT THAT YOU'RE SHOOTING FOR?

[00:26:57]

THE THINGS THAT HE'S BROUGHT UP ARE THINGS THAT WE'RE INTERESTED IN.

AND SO I, YOU KNOW, WOULD LEAVE THE COMMENT TO HIM [INAUDIBLE] I THINK LAST WEEK WAS KIND OF A BREAKING OF A LOGJAM BETWEEN, YOU KNOW, QUITE FRANKLY, OUR UNDERSTANDING THE SCOPE OF THE PROJECT AND WHERE IT SITS AND THE PERIMETER ROAD ISSUES AND SOME OF THE ALIGNMENT, SOME OF THE ROADS.

AND I THINK THERE ARE SOME THINGS THAT WE CAN DO REASONABLY THAT ARE OUTSIDE OF THIS PROJECT THAT THAT CHANGE THE CHARACTER NATURE OF THOSE ROADS.

AND THERE WAS NO WAY FOR THEM TO BE AWARE OF THAT UNTIL WE SHOWED IT TO THEM ALL ON A BIG PICTURE. SO I THINK WE'RE GETTING THERE NOW AND WE HAVE HAD THAT CALL THIS AFTERNOON WITH SH 130 CONCESSION FOLKS AND TXDOT WE PROBABLY NEED TO SET ANOTHER FOCUS DISCUSSION NOW ON THE ON THE ROADWAY NETWORK PERIMETER ROADS.

NOW THAT WE WE'RE ALL ON THE SAME PAGE.

THAT'S ALL I HAVE. OKAY.

YEAH, ANYBODY ELSE? GO AHEAD, PLEASE.

I WOULD ADD THAT GOING BACK TO THE MUD LET PAUL MCCRACKEN, WITH KIMBERLY HORN AND ASSOCIATES GOING BACK BACK TO THE MUD LEGISLATION COMPONENT.

IT'S IN A LOT OF THE MUD LEGISLATION DOCUMENTS.

YOU SEE IT COPY PASTED THAT YOU SEE IT IN MANY OF THEM.

AND REALLY THE INTENT OF IT IS, IS THAT AS PART OF THE IT'S ALREADY APPROVED, BUT AS PART OF THE STEP OF PERFECTING IT AS YOU GO FORWARD IS GET WITH THE LOCAL JURISDICTIONS THAT HAVE THE ROADWAY SYSTEMS AND MAKE SURE EVERYTHING'S BEING TAKEN CARE OF.

SO THAT'S ALL THE MUD LEGISLATION CARES ABOUT.

IT WILL LEAVE IT UP TO US COLLECTIVELY TO TO DO WITH IT WHAT WE WANT.

WE CAN MAKE IT AS SIMPLE AS WE AGREE THAT THIS PIECE OF PAPER TAKES CARE OF IT AND SAYS NOTHING. NOW THAT DOESN'T.

I'M NOT SUGGESTING THAT, BUT I'M JUST USING MAKING A POINT THAT WE CAN MAKE IT THAT SIMPLE. WHAT WE'VE WHAT WE'VE PROPOSED IS TO SORT OF TAKE IT TO THE THE OBVIOUS IN WHERE WE'RE SAYING IN THAT AGREEMENT IN ORDER TO GET IT DONE AND CHECK THAT BOX, IF YOU WILL, ON THE MUD LEGISLATION THAT WE WILL [INAUDIBLE] AND IF THE TIA SAYS THAT'S NOT GOOD ENOUGH, WE'LL BUILD [INAUDIBLE].

SO IN OTHER WORDS, WHAT WHAT, THERE'S NOT MUCH MORE THAT WE COULD OFFER FOR THAT WE'VE OFFERED TO DO THE EXACT SAME.

[00:37:43]

[00:37:47]

IS THAT GOING TO BE A PRIVATE SCHOOL OR PUBLIC SCHOOL IF IT'S PUBLIC, HAVING DEALT WITH THE SCHOOL DISTRICT AND GOT THEM INVOLVED? AND YOU KNOW WHAT, YOUR PROCESS AND I'D LIKE TO SEE KIND OF AN OVERLAY OF WHERE THE INDUSTRIAL IS, WHERE THE THE SCHOOL INTENDS TO BE, AND IT'S JUST KIND OF A TEMPORARY LAYOUT. SO YOU CAN KIND OF VISION WHAT'S HAPPENING IN THERE.

I KNOW YOU'RE MOVING AND SHIFTING ROADS, AND THAT'S GREAT TO MAKE THE CONNECTORS FOR FUTURE DEVELOPMENT.

BUT YOU KNOW, THERE'S JUST A LOT OF THINGS.

I'M NOT SEEING SO HELP ME.

AND THAT'S A GOOD QUESTION.

GOOD QUESTION. AND THERE'S A FEW OTHERS THAT I'LL POINT OUT TOO.

WE WE HAVE A THERE IS A TCQ WASTEWATER TREATMENT PLANT DISCHARGE PERMIT THE EFFLUENT ON AN ANNUAL BASIS NEEDS TO BE REUSED.

SO PART OF OUR PLANNING AND WE'RE DOING THAT WE'VE ALREADY COME UP WITH, WE'VE CALCULATED THE AMOUNT OF OPEN SPACE, THE MEDIANS, PARKWAYS THAT PLACES WHERE WE NEED TO BUILD A IRRIGATION SYSTEM AND WE'RE GOING TO HAVE PROBABLY FOUR OR FIVE LAKES AROUND THE PROPERTY THAT WILL SERVE AS RESERVOIRS BECAUSE YOU WOULDN'T WANT TO HAVE ONE SINGLE MASSIVE SYSTEM. YOU WANT IT BUSTED UP INTO ZONES AND PHASE THAT IN OVER TIME.

SO WE'LL BE

[00:40:02]

WE'RE WORKING ON THAT RIGHT NOW WITH THEM.

[INAUDIBLE] SHANNON, IS NOW THAT WE ARE GETTING VERY, VERY CLOSE TO THE FINISH LINE IN TERMS OF ACQUIRING THE PROPERTY.

A LOT OF THESE OTHER THINGS WE NEEDED TO DEMYSTIFY.

ALL THREE LEVELS OF PUBLIC SCHOOL SITES.

DID I LEAVE OUT ONE OF YOUR QUESTIONS? NO, I JUST JUST, YOU KNOW, I WAS CURIOUS ABOUT THE BLUE SPOTS.

SO NOW YOU CLARIFIED THAT [INAUDIBLE] YES, BUT IF IT'S COMMERCIAL, IT WON'T MATTER.

I'D LIKE FOR IT TO STAY WITHIN THE CALDWELL COUNTY SCHOOL DISTRICT.

YOU KNOW, WE'VE STUDIED ALL THE THINGS THAT YOU ASKED ABOUT AND YOU KNOW, WE'RE WE FEEL COMFORTABLE THAT, YOU KNOW, THE WATER SUPPLY IS THERE, YOU KNOW, CRYSTAL CLEAR . WELL, I KNOW YOU'RE LOOKING TO GET THE WATER FOR CRYSTAL CLEAR.

DO YOU KNOW WHAT THE UPDATE ARE GETTING THE WATER THERE? [INAUDIBLE] WELL, THERE'S ENOUGH AND TRACY CAN TALK TO US AS WELL.

[INAUDIBLE] SOME PIPELINES THAT ARE OFFSETTING THE PROPERTY AND CRYSTAL CLEAR HAS A TAKE POINT FOR WATER THAT'S NOT VERY FAR FROM OUR PROPERTY.

AND SO WE EXPECT TO SEE IN THIS THIS DRAFT ENGINEERING REPORT THAT WE HOPE TO HAVE IN THE NEXT FEW DAYS HOW WE GO ABOUT BRINGING WATER TO TO THE TO THE PROJECT.

THEY'VE SAID THAT THEY CAN SERVE IT THROUGH ULTIMATE BUILDOUT.

SO THEY'VE ALREADY TOLD US THEY CAN DO THAT.

SO WE'RE REALLY GOING THROUGH THE NUTS AND BOLTS OF HOW WE MAKE THAT HAPPEN.

OK, AND SO THAT'S ALL VERY POSITIVE.

ON THE WATERFRONT I THINK THAT THE COUNTY IS AWARE THERE IS A PIPELINE IN COMING THROUGH [INAUDIBLE] ALL SEGMENTS ACROSS THE COUNTY NOW.

BUT WHAT THE COUNTY MAY NOT BE AS AWARE OF WHILE WE SEE THAT PIPELINE GO IN [INAUDIBLE] WELL, THERE'S WATER NOW. IF THERE'S ACTUALLY PHASE DELIVERY WITHIN THEIR SYSTEM, THERE'S PUMPING THEIR TREATMENT CAPACITY AND THEIR STORAGE CAPACITY IS STAGED OVER A NUMBER OF YEARS AND THEY'VE GOT WATER COMMITMENTS TO CRYSTAL CLEAR [INAUDIBLE].

BUT THE OTHER PROVIDERS THAT THAT GO UP WITH CERTAIN MILESTONE DATES.

SO I IMAGINE THAT'S WHAT'S IN THE IN THE REPORT IS HOW MANY YOU CAN HAVE IN 2023 AND HOW MANY IN 2028.

WELL, THERE'S ALSO, YOU KNOW, PART OF THE AGREEMENT THAT WAS DONE PREVIOUSLY, WHICH IS ONE OF THE GOOD THINGS AFTER THE WATER RESERVATION THAT WE'VE DONE, WHICH WE WILL DONATE TO CRYSTAL CLEAR AS FAR AS THAT PIPELINE SEGMENT THAT WE KNOW WE'RE TALKING ABOUT, THAT'S PLANNED TO BE IN THE GROUND AND THE PLANS ARE DONE.

[INAUDIBLE] IT'S SUPPOSED TO BE IN THE GROUND FIRST QUARTER OF TWENTY THREE.

AND SO IT SHOULD BE, YOU KNOW, AND YOU KNOW, IT SHOULD BE ALONG IN ALIGNED WITH WHAT WE PLAN TO DO. WE HOPE TO BE ABLE TO START SOME CONSTRUCTION YEAR END IN Q4 TO KICK THIS PROJECT OFF. SO IT SEEMS LIKE THOSE TIMELINES ARE MATCHING UP RIGHT NOW.

OK, ANY OTHER QUESTIONS, COMMISSIONERS?

[00:45:02]

I APPRECIATE YOUR TIME. THANK YOU.

ALL RIGHT. OK, WITH THAT, WE WILL GO AHEAD AND MOVE ON TO ITEM 7 DISCUSSION POSSIBLE

[7. Discussion/Action to discuss the development agreement tor Misty Fanns proposed subdivision located at 421 1 Misty Lane.]

COMMISSIONER. THANK YOU, JOSH.

AND MR. KRONENBERG, THANK YOU.

GO AHEAD, COMMISSIONER. ALL RIGHT.

THANK YOU FOR COMING BEFORE US TODAY TO TALK ABOUT THIS.

THANK YOU. YOU'VE GOT A PROPERTY OUT MISTY LANE TO THE TO THE SOUTH EAST OF 21. WE'VE MET WITH YOU A FEW TIMES, I GUESS TALKING ABOUT ABOUT THIS TRACK AND KIND OF SOME OF THE SOME OF THE ISSUES THAT THAT WE'RE TRYING TO WORK THROUGH.

YOU'VE INDICATED THAT IT'S GOING TO BE A STICK BUILT HOUSING DEVELOPMENT.

WE APPRECIATE THAT, YOU KNOW, THAT'S THAT'S THE KIND OF THING THAT WE WANT TO ENCOURAGE, ESPECIALLY THROUGH DEVELOPMENT AGREEMENTS AND AND APPRECIATE YOU WORKING WITH US ON THAT FROM YOUR FROM YOUR LAYOUT THAT THAT'S INDICATED ON THE PRELIMINARY PLAN.

I KNOW YOU'RE STILL WORKING THROUGH SOME ISSUES WITH WITH OUR DEVELOPMENT STAFF ON THAT, MAKING SURE THAT THAT THE DRAINAGE IS BEING ADDRESSED PROPERLY.

CORRECT. I THINK, YOU KNOW, THIS IS PRELIMINARY AND GOOD FOR SOMETHING TO WORK WITH, BUT I THINK WE'RE STILL A LITTLE BIT A WAYS FROM GETTING WHERE WE NEED TO BE ON THAT.

COULD YOU TELL US A LITTLE BIT ABOUT YOUR WATER AND SEWER PLANS ASSOCIATED WITH THIS? YEAH, I'M HAPPY TO BOTH WATER AND SEWER COMING FROM COUNTY LINE SUD.

CURRENTLY, THERE IS A 12 INCH WATER LINE ON MISTY LANE, ABOUT THREE THOUSAND FEET FROM THE PROPERTY THAT SURVEYING [INAUDIBLE] PROPERTY RIGHT NOW, WHICH IS GOING TO BE BUILT IN THE NEXT 90 DAYS KIND OF THING, IS GOING TO BREAK GROUND AND THE SEWER PLANT IS ABOUT THE SAME DISTANCE.

IT'S FULLY PERMITTED.

THE [INAUDIBLE] HAS PAID PLUM CREEK UTILITY FOR THEIR LUVS FOR THAT PLAN, AND SO I'VE BEEN TOLD THAT GROUND WILL BREAK ON THAT SEWER TREATMENT FACILITY IN THE NEXT 30 DAYS.

WE'VE GOT NSSAS FROM COUNTY LINE ON BOTH WATER AND WASTEWATER.

WHAT ELSE? ANYTHING ELSE? ON THE WATER SIDE AND I KNOW YOU KNOW THIS AND YOUR ENGINEERS KNOW THIS, BUT YOU KNOW, THE COUNTY TYPICALLY DEALS WITH RURAL WATER SYSTEMS, YOU KNOW, FOR FOR OUR DEVELOPMENT THAT AREN'T PROVIDING PRESSURIZED [INAUDIBLE] TO THOSE DEVELOPMENTS NOW THAT WE'RE STARTING TO SEE FORTY FORTY FIVE FOOT LOTS AND THAT THAT DENSE URBAN STYLE DEVELOPMENT, YOU KNOW, OBVIOUSLY WE'RE GOING TO BE LOOKING AT AS PART OF YOUR YOUR WATER IMPROVEMENTS THAT THERE IS FIRE PROTECTION, YOU KNOW, HYDRANTS, THOSE KIND OF THINGS ASSOCIATED WITH THAT.

SO JUST WANT TO MAKE MAKE SURE THAT YOU'RE COORDINATING WITH WITH THE WATER PROVIDER THAT THAT THAT TYPE OF FIRE PROTECTION IS PROVIDED.

ABSOLUTELY. I KNOW THERE'S ISSUES RELATED TO PRESSURE AND VOLUMES AND AND THOSE KIND OF THINGS ON THOSE ROLL SYSTEMS. CORRECT. LAST THING I HAD YOUR YOUR INDICATED PARK PARKLAND ON HERE.

I ASSUME THAT'D BE PRIVATE BECAUSE WE'RE WE'RE NOT IN THE PARK LAND MANAGEMENT BUSINESS.

THAT'S CORRECT THE HOA WOULD OWN IT AND MAINTAIN IT.

ALL RIGHT. AND YOU'RE ALSO DISCUSSING IMPROVEMENTS TO MISTY LANE OUT TO 21 TO TO PROVIDE GOOD ACCESS.

I KNOW MISTY LANES, PRETTY ROUGH ROAD RIGHT NOW.

RIGHT? I GUESS THAT'S ONE OF THE STUMBLING BLOCKS WE'RE GOING TO HAVE TO WORK THROUGH WITH WITH THE COUNTY, FOR SURE.

AND YOU KNOW, THAT'S A LONG ROAD THAT NEEDS TO BE IMPROVED CLEARLY.

SO I'M NOT SURE YET WHAT THE SOLUTION IS, BUT WE'RE OPEN TO IDEAS AND SUGGESTIONS HOW WE WORK TOGETHER AND GET THAT DONE.

OK, WELL, WE CAN CONTINUE TO HAVE A CONVERSATION ABOUT THAT.

THAT'S ALL I HAVE, JUDGE. OK, COMMISSIONERS, ANY ANY QUESTIONS FOR MR. KRONENBERG. I JUST HAD, YOU KNOW, IN A DISCUSSION WITH THE PARKLAND DETENTION AREAS THAT WERE ON HERE. I MEAN, THAT'S BEEN A DISCUSSION BEFORE HOW, YOU KNOW, FOR ME ON DEVELOPMENT AGREEMENTS, IT'S A PRIORITY TO JUST MAKE SURE THAT WE'RE NOT JUST LABELING DETENTION AS PARKLAND AND AND IT SIMPLY BEING AN EXHIBITION AND NOMENCLATURE AND NOTHING

[00:50:04]

I MEAN, THE AGREEMENT AT THIS POINT DOESN'T STATE IF IT'S JUST GOING TO BE, YOU KNOW, OPEN. I KNOW IT'S AS DETENTION.

IT HAS TO MAINTAIN MOSTLY OPEN SPACE TO PROVIDE THE NECESSARY USE OF THAT PROPERTY.

IS THERE ANY? I KNOW THAT PROPERTY IS PRETTY FLAT, SO NO WALKING TRAILS AND THINGS LIKE THAT AREN'T REALLY IN THE IN THE QUEUE.

BUT YOU KNOW, FROM MY PERSPECTIVE, IT WOULD BE NICE TO SEE A LITTLE MORE DEDICATION OF THAT AS OPPOSED TO JUST JUST CALLING DETENTION PARKLAND, SO TO SPEAK, WHEN IT WHEN IT MAY NOT PRACTICALLY BE USED FOR ANYTHING OTHER THAN THAT.

AND MY OTHER CONCERN WAS WAS THE TRAFFIC ON MISTY THAT THAT ROAD IS IS CAN BE PROBLEMATIC AT TIMES. WE'VE SEEN IT THAT WAY IN THE PAST, AND THIS NUMBER OF THIS AMOUNT OF TRAFFIC WOULD DEFINITELY REQUIRE SOMETHING TO BE DONE AND NOT NECESSARILY JUST UPKEEP, BUT EXPANSION OF CAPACITY AS WELL.

SO AND ON MISTY BECAUSE YOU HAVE QUITE A FEW HOMES ON HERE, I'M NOT SURE EXACTLY HOW MANY, BUT THERE WOULD PROBABLY NEED TO BE SOME SORT OF TURN LANE FACILITY OUT THERE.

SO WE DEFINITELY HAVE SOME WORK TO DO ON THAT THAT ROAD FACILITY TO TO GET ME COMFORTABLE WITH JUST THE SHEER VOLUME OF CARS.

AND I DON'T KNOW, I DOUBT ANY KIND OF A TIA HAS BEEN DONE ON THIS.

SO. BUT YOU KNOW, YOU CAN JUST EXTRAPOLATE BASED ON HOW MANY HOUSES, HOW MANY TRIPS A DAY YOU'RE GOING TO HAVE PROBABLY TWO PER HOUSE, AT LEAST MAYBE FOUR.

TRACEY SAYS MAYBE TEN.

SO, YEAH, SO YEAH, SO.

SO THAT'S THAT'S THAT'S AN ENORMOUS AMOUNT OF TRAFFIC ON A ON A WHAT IS NOW JUST A COUNTY GRAVEL ROAD. SO I THINK THAT'S GOING TO BE THE BIGGEST THING IN MY MIND THAT WE HAVE TO TO ADDRESS AND WORK THROUGH.

PROPERTY AT STATE HIGHWAY 21 AND MISTY LANE, SO THAT PLANS TO FOR IMPROVEMENTS IN MISTY LAND AT THEIR EXPENSE.

I DON'T REMEMBER THE LENGTH OF THAT.

I THINK IT'S THREE THOUSAND SIX HUNDRED FEET, SOMETHING LIKE THAT.

THEY'RE GOING TO APPROVE AND DEDICATE SOME ADDITIONAL RIGHT AWAY TOO.

WE HAVE AN UNFORTUNATE SITUATION THERE WITH WHERE THE ETA LINE IS YOU AND JUST ANNEX SOME PROPERTY ALONG IT. TYPICALLY, WHEN A CITY ANNEXED PROPERTY, THEY'RE REQUIRED TO ANNEX THE ADJACENT ROADWAY. HOWEVER, CITY OF SAN MARCUS'S ETJ LINE IS THE EASTERN RAILWAY LINE OF MISTY. AND SO COMMISSIONER THERIOT AND I HAVE BEEN DISCUSSING THAT AND TRYING TO GET SAN MARCUS TO RELEASE THEIRS BACK TO THE WESTERN LINE SO THAT IN THE FUTURE, WHEN YOU ANNEXED PROPERTY ALONG MISTY THAT THEY CAN GET THEIR MAINTENANCE RESPONSIBILITIES, HOW'S THAT GOING? SAN MARCOS GOES OUT THERE TO PROPERTIES THEY HAVE IN MUD DISTRICTS THAT THEY DON'T HAVE ANY INTENTION OF ANNEXING, PROBABLY IN MY LIFETIME.

AND HAYS COUNTY HAS A ROAD SITTING OUT THERE.

SO IT'S ONE OF THE REASONS THE LEGISLATURE PASSED THAT LAW THAT SAYS WHEN YOU ANNEX, YOU HAVE TO ANNEX IT RIGHT AWAY.

BUT THEY DID NOT RECONCILE WHAT HAPPENS WHERE A ETJ LINE MEETS AT THE RIGHT.

OK. ALL RIGHT, COMMISSIONERS, ANY OTHER QUESTIONS? OK, THANK YOU.

THANK YOU VERY MUCH. WE'LL WAIT AND SEE HOW WE DO GOING FORWARD ON THAT.

COMMISSIONERS, IF IT'S ALL RIGHT WITH YOU, I'D LIKE TO SKIP TO ITEM.

[12. Discussion/Action to consider a variance/exemption letter for Mr. David Smith and Mrs. Pam Smith to be able to sell22+l- ac. and retain 27+l- ac. of a49+l- acre tract off of Sandy Fork Road with a 40' easement eristing since 1967 and a 50' easement existing since 2004.]

COMMISSIONER SHELTON.

IN THE BACK UP, YOU'LL SEE I ATTACHED A CHRONOLOGY GOING ALL THE WAY BACK TO 1967, BUT AFTER I SENT THIS IN, I ACTUALLY FOUND SOME GOING BACK TO 1960 WHERE AN EASEMENT WAS CREATED ALONG THE SOUTH SOUTHWEST BOUNDARY LINE OF THE ORIGINAL SURVEYOR LEAGUE.

[00:55:01]

HE'S BEEN SURVEYING FOR 21 YEARS.

HE'S AS A LICENSE.

HE'S BEEN SURVEYING SINCE 1987 AND HE CAN COME UP AND PROBABLY DESCRIBE THIS BETTER.

THEY THE SMITHS ACQUIRED THE SEVENTY FOUR ACRES THAT ORIGINALLY WAS A 50 ACRE TRACK AND O 100 AND 150 ACRE TRACT BETWEEN TWO SISTERS THAT GOT IT.

THE TWO SISTERS SPLIT IT UP TO A 74 ACRE TRACK AND 124 ACRE TRACK.

AND THE LADY, THE SISTER THAT SPLIT IT UP TO A 74 ACRE TRACK, CONVEYED THAT TO HER GRANDSON, WHO IN TURN IN 2014 SOLD IT TO THE WHOLE 74 ACRES TO MR. AND MRS. SMITH AND THEN MR. AND MRS. SMITH MRS. SMITH'S SISTER.

THEY WANTED A PORTION OF THE LAND, SO THEY SOLD 25 ACRES, A 20 ACRE AND A 5 AND THE REASON IT'S IN TWO IS BECAUSE WHEN THEY WANTED TO BUILD A HOUSE, THE SISTER, THE BANK DIDN'T WANT THE WHOLE 25 ACRES, SO THEY PUT UP 5 ACRES FOR COLLATERAL AND THEY BUILT THEIR HOUSE WELL. IN THE TIME OF DOING THAT, THEY CREATED A 50 FOOT PUBLIC UTILITY AND ACCESS EASEMENT ALONG THEIR NORTHWEST LINE, SO THEY WOULD IN THE FUTURE HAVE ACCESS THE SMITHS TO THE BACK PARCEL.

AND SO SINCE 2014, THAT EASEMENT HAS EXISTED.

NOW THE OTHER QUESTION EVERYBODY'S HAVING IS ABOUT A 30 FOOT ACCESS EASEMENT AND A 40 FOOT ACCESS ACCESS EASEMENT THAT EXISTS ALONG THE SOUTHWEST LINE.

THAT EASEMENT HAS EXISTED SINCE 1960 THE 40 FOOT AND BEFORE THAT IT GOES ACTUALLY TO MORE TRACKS BACK THERE AND THE 40 FOOT.

THE 30 FOOT ACTUALLY HAS EXISTED SINCE 1967 AND I HAVE.

HE HAS A USB.

HE'S GOING TO USE MR. HINKLE WOULD YOU STEP UP, PLEASE? AND ON THAT ONE SHEET, I TRIED TO DRAW THIS OUT.

I'VE WORKED WITH THE SMITHS FOR ABOUT A WEEK NOW ON THIS PROJECT AND THEY ARE WANTING TO SELL 22 ACRES, WHICH HAS COUNTY ROAD ACCESS.

AND YOU'LL SEE THAT ON THE MAP.

AND THEN THE REASON THEY CREATED THE BACK ACCESS IS BECAUSE THEY DO HAVE SOME FLOOD ON THEIR TRACK AND YOU'LL SEE THAT ON THE MAP AS WELL.

SO I'M GOING TO TURN THIS OVER TO MR. HINKLE AND HE'LL HE'LL GO THROUGH IT WITH YOU.

GOOD MORNING, COMMISSIONERS.

JUST TO KIND OF GIVE YOU A LITTLE INSIGHT AS TO THE SITUATION THAT'S TAKING PLACE HERE.

THE QUESTION IS THIS PARTICULAR EASEMENT THAT RUNS ALONG THE SOUTHWEST LINE IS THE ONE THAT WASN'T ACTUALLY CONVEYED WHEN THE DEED WAS PRESENTED THROUGH THE HUGE PROPERTY AS A RETENTION FOR THE 50 FOOT STRIP GOING ALONG THE NORTHWEST LINE.

WHAT WE HAVE IS AN ISSUE OF INTENT ON THIS SURVEY.

WHEN WE PREPARED IT IN 2014, WE LISTED NOT ONLY THE 30 FOOT STRIP, WE ALSO LISTED THE 40 FOOT ACCESS EASEMENT AND WE ALSO LISTED WHERE THE 50 FOOT THAT WE CREATED FOR MR. SMITH TO RETAIN.

AND THE REASON HE RETAINED IT IS BECAUSE THERE'S A FLOODPLAIN THAT GOES THROUGH THE MIDDLE OF THE PROPERTY.

HE RETAINED THAT EASEMENT IN CASE HE HAD TO ACCESS THE BACK AND COULD NOT GET ACROSS THAT FLOODED AREA IF HE NEEDED TO TO GET TO THE BACK PART OF IT.

I DON'T KNOW IF HE HAD TO BUILD A BRIDGE OR I DO NOT KNOW THE EXTENT OF THE RAVINE HE HAS TO GET ACROSS THERE.

BUT THAT WAS THE REASON FOR CREATING THE EASEMENT.

AND WHEN THIS DEED WAS CREATED, WHEN HE SOLD TO MR. HUGHES, THE INTENT WAS TO LEAVE THIS 50 FOOT ACCESS EASEMENT.

BUT THE ATTORNEY NEGLECTED TO MENTION THAT IT ALSO USED THE 30 OR 40 FOOT EITHER ONE BECAUSE HE HAD ACCESS TO BOTH.

AND SINCE MR. SMITH ACTUALLY OWNED THE PARCEL VERSUS IT BEING HIS MAIN SOURCE OF TRANSPORTATION, THIS IS WHERE THE CONFUSION CAME IN.

IT'S JUST A SIMPLE FACT OF THE INTENT WAS THIS EASEMENT TO ACTUALLY GO ALL THE WAY OUT TO SANDY FORK ROAD.

JUST THE ATTORNEY DID NOT SPELL OUT THAT LANGUAGE IN THE DEED, BUT IF MR. SMITH WERE TO. THIS, OF COURSE, AS SOON AS HE DID A TITLE SEARCH, THE TITLE COMPANIES WOULD AGREE THAT IN FACT, IT SHOULD HAVE TRAVELED WITH THE DIRT WHENEVER HE SOLD IT AD VALOREM. BUT THE FEE SIMPLE OWNERSHIP ALONE WOULD ALLOW HIM TO HAVE ACCESS.

AND THE INTENT OF BUILDING THE 50 FOOT STRIP BACK HERE IN THE BACK IS ALSO PROOF OF INTENT

[01:00:04]

SO IN THIS CASE, EVEN THOUGH WE I DON'T KNOW, THERE'S SOME KIND OF WORKOUT NOW THAT WITH THE PRESENT OWNERS TO ACTUALLY HAVE THE EASEMENT CONVEYED PROPERLY.

SO IN ANY CASE, THIS IS GOING TO BE RESOLVED ONE WAY OR THE OTHER ON THE LEGAL SIDE OR THROUGH THE COMMISSIONER'S COURT.

HOWEVER, YOU GUYS WANT TO LOOK TO IT, BUT THE FACTS ARE THAT THE INTENT SHOULD HAVE FOLLOWED WITH THIS 50 FOOT, AND WE GAVE THE VOLUME OF PAGES ON THE SURVEY FOR ACTUALLY THE 30 FOOT AND THE 40 FOOT, SO THE LAWYER JUST HAD TO REFER TO THEM.

HE JUST NEGLECTED TO DO SO.

AS YOU KNOW, WE ALL GET BUSY IN OUR LIVES AND THINGS GET LOST IN TRANSLATION.

SO BY THE WAY, THE LAW IS INTENDED, IT SHOULD HAVE GONE WITH THE PROPERTY IN ANY CASE.

SO, SO SO THE DEAL HERE IS THE SMITHS WANT TO SELL THE 22 ACRES THAT IS IN THE FRONT THAT TOUCHES THE COUNTY ROAD AND THEY WANT TO RETAIN THE 27 ACRES.

THEY DO HAVE LEGAL AND VIABLE ACCESS TO THE TWENTY SEVEN ACRES IF THEY SELL THE 22.

BUT THESE TRACKS ARE OVER TEN ACRES.

THEY BOTH HAVE ACCESS TO AND FROM A PUBLIC ROAD.

SO WE'RE ASKING FOR EXEMPTION VARIANCE FOR THEM TO BE ABLE TO SELL THE 22 ACRE TRACK TO A POTENTIAL BUYER.

THERE HAS BEEN ARRANGEMENTS MADE WITH THE 25 ACRE TRACK THAT IF MR. SMITH EVER DECIDES HE WANTS TO SELL THE 27 ACRES, THEY'LL GET THE FIRST RIGHT OF REFUSAL BECAUSE THEY'RE THEY'RE INTERESTED IN IT.

SO THAT AT THAT POINT, THEN THEY WOULD BE ABLE TO DO WHATEVER WITH THE 50 FOOT ACCESS EASEMENT. BUT AT THIS POINT, THEY HAVE ACCESS.

SO WE'RE ASKING THAT'S THAT'S WHY WE BROUGHT THIS TO COURT IS THE CONFUSION ABOUT HAVING ACCESS. WELL, THE ACCESS HAS BEEN THERE SINCE 1960 ALONG THAT SOUTHWEST LINE AND IN 2014 THEY CREATED THE 50 FOOT ACCESS EASEMENT BECAUSE IT WAS SISTER TO SISTER SO THAT THEY WOULD HAVE ACCESS TO THE BACK PARCEL.

QUESTIONS? COMMISSIONERS ANY QUESTIONS? SO, MR. HINKLE. SO YOU SAID THAT THERE WAS SOME POSSIBILITY OF GETTING THAT, THAT JUST THAT DISCREPANCY CORRECTED WHERE WHERE IT DOES INDEED SHOW ON THE WARRANTY DEED THAT THAT CONVEYED IS THAT I COULD GET A LOT MORE COMFORTABLE WITH IT IF THAT HAPPENED.

THEY ARE DOING THAT. THEY SIGNED THE PAPERS THIS MORNING.

THEY WERE IN THE PROCESS OF GETTING IT DONE OF AND THEY WERE TRYING TO GET IT DONE BY YESTERDAY. OF COURSE, THE COUNTY SHUT DOWN ON THURSDAY BECAUSE OF THE WEATHER.

FRIDAY I'M NOT SURE WHAT HAPPENED, BUT THE PAPERS HAVE BEEN SIGNED THIS MORNING.

THEY ARE GETTING RECORDED.

I HAVE CONVERSED WITH THE ATTORNEY THIS MORNING.

THE GENTLEMAN DID SHOW UP.

HE DID SIGN THE PAPERS, SO THEY'RE IN THE PROCESS OF TAKING CARE OF THAT AND IT'LL BE A IT'S DONE. IT'LL GET RECORDED.

OK. THAT THAT WOULD FOR ME, IF THAT EASEMENT WAS RECORDED, I COULD.

I WOULD. I WOULD BE COMPLETELY COMFORTABLE.

SO ANY OTHER QUESTIONS COMMISSIONERS SEEING WHO'D WANT TO MAKE A MOTION TO GIVE A VARIANCE ONCE, ONCE THAT'S BEEN FILED WITH THE CLERK, WELL I'LL MAKE A MOTION THAT THAT WE GIVE THE VARIANCE.

NOT SURE WHAT TO OF ROAD FRONT.

I GUESS THE VARIANCE TO PROPER ROAD FRONTAGE OR ACCESS TO AND FROM FOR THEM TO BE ABLE TO DIVIDE THE THE 49 ACRE TRACT 49 PLUS OR MINUS.

AND ONCE THE DOCUMENT IS RECORDED, WHICH THAT WILL HAPPEN TODAY, COMMISSIONERS, ANY OTHER QUESTIONS FROM ANY OF Y'ALL? I'LL SECOND IT. OK.

WE HAVE A MOTION AND A SECOND.

AND ANY OTHER DISCUSSION? OK. CALL THE VOTE ALL IN FAVOR, SAY AYE, AYE.

OPPOSED? HEARING NONE MOTION CARRIES.

THANK YOU. YOU'RE WELCOME.

ALL RIGHT, WE'RE GOING TO GO BACK UP TO ITEM 8 DISCUSSION ACTION TO CONSIDER THE

[8. Discussion/Action to consider the Proclamation for February 2022 as Black History Month.]

[01:05:03]

AND WHEREAS SAID EVENTS WILL ALSO PROMOTE A CONTINUING INTEREST AMONG ALL THE CITIZENS OF CALDWELL COUNTY IN THE CONTRIBUTIONS OUTLINED ABOVE AND A RENEWED AWARENESS OF THE CULTURE, CUSTOMS AND TRADITIONS OF THIS SO VERY IMPORTANT SEGMENT OF OUR POPULATION.

NOW, THEREFORE, BE IT RESOLVED THAT THE COMMISSIONERS COURT OF CALDWELL COUNTY, TEXAS, DOES HEREBY PROCLAIM THE MONTH OF FEBRUARY 2022 AS BLACK HISTORY MONTH IN CALDWELL COUNTY. OK COMMISSIONERS, DO I HAVE A MOTION TO ACCEPT THE PROCLAMATION AS READ BY COMMISSIONER ROLAND. WE HAVE A MOTION.

DO WE HAVE A SECOND? SECOND, WE HAVE A MOTION AND A SECOND ALL IN FAVOR, SAY AYE, AYE.

OPPOSED HEARING NONE.

MOTION CARRIES.

ITEM 9 DISCUSSION ACTION TO CONSIDER THE PROCLAMATION FOR FEBRUARY 2022 AS DATING

[9. Discussion/Action to consider the Proclamation for February 2022 as Dating Violence Awareness and Prevention Month for teens and young adults]

IS THERE ANYBODY HERE FOR THAT ITEM? NO. IN THAT CASE, I WILL.

MOVE BACK TO IT AND READ THE PROCLAMATION.

PROCLAMATION DATING, VIOLENCE AWARENESS AND PREVENTION MONTH, WHEREAS ONE IN THREE ADOLESCENTS IS A VICTIM OF PHYSICAL, SEXUAL, EMOTIONAL OR VERBAL ABUSE FROM A DATING PARTNER, AND WHEREAS THE EFFECTS OF DATING VIOLENCE IMPACT YOUTH IN ALL COMMUNITIES AND CUTS ACROSS ECONOMIC, RACIAL, GENDER AND SOCIAL SOCIETAL BARRIERS.

AND WHEREAS RESPECTFUL, SUPPORTIVE AND NONVIOLENT RELATIONSHIPS ARE KEY TO SAFETY, HEALTH AND ACADEMIC SUCCESS.

AND WHEREAS BY PROVIDING TEENS AND YOUNG ADULTS WITH EDUCATION ABOUT HEALTHY RELATIONSHIPS AND RELATIONSHIP SKILLS, AND BY CHANGING ATTITUDES THAT SUPPORT VIOLENCE, WE RECOGNIZE THAT DATING VIOLENCE CAN BE PREVENTED.

AND WHEREAS FAMILY, FRIENDS, TEACHERS, COACHES, FAITH LEADERS, COMMUNITY MEMBERS AND OTHER IMPORTANT PEOPLE IN YOUNG PEOPLE'S LIVES LIVE AND HAVE THE PROPER INFLUENCE OVER YOUTH IN POSITIVE WAYS.

AND WHEREAS LAST YEAR, HCWC PROVIDED ONE HUNDRED AND FIFTY SEVEN DATING VIOLENCE PREVENTION IN HEALTHY RELATIONSHIP PRESENTATIONS TO THREE THOUSAND ONE HUNDRED AND FORTY ONE TEENS AND YOUNG ADULTS.

AND WHEREAS WE MUST WORK TOGETHER TO RAISE AWARENESS AND PROMOTE HEALTHY DATING RELATIONSHIPS WITH ACTIVITIES AND CONVERSATIONS ABOUT MUTUALLY RESPECTFUL AND NONVIOLENT RELATIONSHIPS IN OUR HOMES, SCHOOLS AND COMMUNITIES.

NOW, THEREFORE, I HOPPY HAYDEN, BY VIRTUE OF THE AUTHORITY VESTED IN ME IS THE JUDGE OF CALDWELL COUNTY, TEXAS, DO HEREBY PROCLAIM FEBRUARY 22ND AS DATING VIOLENCE AWARENESS AND PREVENTION MONTH FOR TEENS AND YOUNG ADULTS, AND DO HEREBY CALL UPON CITIZENS OF CALDWELL COUNTY TO WORK TOGETHER TO RAISE AWARENESS AND PREVENTION, PREVENT DATING VIOLENCE IN OUR COMMUNITY AND BEYOND.

IN TESTIMONY WHEREOF I APPEAR TO SET MY HAND AND CAUSE TO BE AFFIXED TO THE SEAL CALDWELL COUNTY, TEXAS THIS 8TH DAY OF FEBRUARY 2022.

COMMISSIONERS DO I HAVE A MOTION TO ACCEPT THE PROCLAMATION? SO MOVED, THANK YOU.

WE HAVE A MOTION DO WE HAVE A SECOND.

SECOND, WE HAVE A MOTION AND A SECOND, ALL IN FAVOR.

SAY AYE, AYE.

OPPOSED HEARING NONE.

MOTION CARRIES ITEM 10 DISCUSSION ACTION TO CONSIDER RESOLUTION 25-2022

[10. Discussion/Action to consider Resolution 25-2022, approving a three (3) year service agreement between Kologik and Caldwell County. for the use of COPSSrnc by the Caldwell County Constables, and the Caldwell County Judge is authorized to execute the same.]

FOR THE USE OF COPSYNC BY CALDWELL COUNTY CONSTABLES AND CALDWELL COUNTY JUDGES ARE AUTHORIZED TO EXECUTE THE SAME.

GO AHEAD, CHASE. SO COMMISSIONERS, THIS ITEM IS VERY SIMILAR TO THE ONE ADOPTED FOR THE SHERIFF'S OFFICE. KOLOGIK IS STILL IN THE PROCESS OF GETTING ALL OF THE NUMBERS AND USERS AND STUFF FROM THE CONSTABLE SO THAT WE HAVE HARD, HARDER NUMBERS FOR THE AGREEMENT AT THIS TIME. IT'S ACTUALLY NOT READY FOR ACTION AT THIS TIME, SO WE JUST ASKED FOR IT TO BE TABLED UNTIL UNTIL IT'S READY.

OK. DO YOU THINK THAT'LL BE BY NEXT COMMISSIONERS COURT? THAT IS THE HOPE.

OK. ALL RIGHT.

DO I HAVE A MOTION TO TABLE ITEM 10 UNTIL THE 18TH OF MARCH AT THE NEXT COMMISSIONERS COURT? SO MOVED.

WE HAVE A MOTION DO WE HAVE A SECOND? WE HAVE A MOTION AND A SECOND ALL IN FAVOR SAY AYE, AYE.

[01:10:04]

MOTION CARRIES. EXCUSE ME.

ITEM 11 DISCUSSION ACTION AND CONSIDER THE APPOINTMENT OF JUDGE PRO TEM OF CALDWELL

[11. Discussion/Action to consider the appointment of Judge Pro-Tem of the Caldwell County Commissioners Court for the calendar year 2022 per section 2.04 for the Caldwell Counti. Commissioner Couft Rules of Procedure, Conduct and Decorurn.]

COMMISSIONER THERIOT HAS DONE THIS.

COMMISSIONER WESTMORELAND HAS DONE THIS.

I KNOW I'M THE JUDGE, SO I WOULDN'T BE ELIGIBLE.

COMMISSIONER ROLAND IS RETIRING AND COMMISSIONER SHELTON IS CURRENTLY CAMPAIGNING AS I AM FOR REELECTION, SO I WOULD SUGGEST EITHER COMMISSIONER THERIOT OR COMMISSIONER WESTMORELAND FOR THIS, AND I'M OPEN TO A MOTION B.J.

YOU'VE DONE A GREAT JOB [LAUGHTER].

I'LL MAKE A MOTION B.J.

SERVE AS JUDGE PRO TEM.

OK, WE HAVE A MOTION FOR COMMISSIONER B.J.

WESTMORELAND TO SERVE AS JUDGE PRO TEM FOR CALDWELL COUNTY IN THE YEAR 2022, SECONDED BY COMMISSIONER WESTMORELAND.

I MEAN, COMMISSIONER SHELTON ALL IN FAVOR SAY AYE, AYE.

OPPOSE HEARING NONE.

MOTION CARRIES.

ALL RIGHT THEN.

ITEM 12, ITEM 13 WE'RE GOING TO GO INTO EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT

[13. EXECUTEVE SESSION]

NO ACTION WILL BE TAKEN AND WE ARE ENDING EXECUTIVE SESSION AT 10:20 A.M.

AND WE'LL RESUME WITH THE REST OF OUR AGENDA.

WE HAVE ITEM 14 DISCUSSION ACTION TO TAKE POSSIBLE ACTION ON EXECUTION.

[14. Discussion/Action to take possible action on Executive Session item.]

ITEM 15, DO WE HAVE A MOTION TO ADJOURN? WE HAVE A MOTION AND A SECOND ALL IN FAVOR, SAY AYE, AYE.

OPPOSE HEARING NONE.

MOTION CARRIES. WE ARE ADJOURNED AT 10:22.

* This transcript was compiled from uncorrected Closed Captioning.