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[00:00:01]

>> GOOD MORNING, EVERYONE.

[Call Meeting to Order]

WE'RE GOING TO CALL THIS MEETING TO ORDER TUESDAY, THE 22ND DAY OF MARCH 2022 AT 9:00 A.M. COMMISSIONER ROWAN, WOULD YOU LEAD US IN THE INVOCATION THIS MORNING?

>> YES, SIR. OUR FATHER.

WHICH ART IN HEAVEN.

THE FATHER OF OUR LORD AND SAVIOR, JESUS THE CHRIST.

FATHER, WE THANK YOU FOR ALL THE MANY BLESSINGS THAT YOU HAVE BESTOWED UPON US.

LORD WE THANK YOU FOR THE RAIN, LAST NIGHT AND THE STORM, LORD BECAUSE I BELIEVE THAT EVERYTHING THAT YOU DO IS FOR GOOD.

LORD, I THANK YOU FOR OUR GOING OUT AND OUR COMING IN.

THANK YOU FOR ALL OF THE MANY PEOPLE IN HERE TODAY.

THE FACES THIS DAY AFTER ALL OF THE WEATHER THAT WAS GOING ON LAST NIGHT, THERE WAS A WHOLE LOT OF DAMAGE DONE IN THE CLOSE-UP AREAS ALL AROUND CALDWELL COUNTY.

CALDWELL COUNTY HAS GOT A PRETTY GOOD DOSE OF RAIN, WHICH WE REALLY NEEDED. AMEN.

>> AMEN.

>>

>>

>> COMMISSIONERS, DO WE HAVE ANNOUNCEMENTS THIS MORNING?

[Announcements.]

>> THANK YOU, JUDGE. JUST A COUPLE OF THINGS.

ONE, I HAVEN'T SAID IT IN A WHILE.

I USUALLY USE EVENTS LIKE YESTERDAY TO REMIND PEOPLE TO PLEASE IF YOU HAVEN'T DONE SO, SIGN UP FOR WARNCENTRALTEXAS.ORG.

IT'S GREAT FOR MOBILE ALERTS THAT KEEPS YOU IN TOUCH WITH WHAT'S GOING ON, ESPECIALLY IN SITUATIONS WHERE IT'S DIFFICULT TO BE REACHED BY TRADITIONAL MEDIA.

I WOULD ALSO LIKE TO SAY A BIG THANK YOU TO OUR COUNTIES, EMERGENCY RESPONDERS AND PERSONNEL, AS WELL AS OUR POWER PROVIDERS FOR WORKING IN SOME EXTREMELY CHALLENGING CONDITIONS YESTERDAY AND LAST NIGHT.

THEY ALWAYS MANAGE TO COME THROUGH FOR US.

THIRDLY, WHILE IT PROBABLY COULD HAVE BEEN MUCH WORSE FOR CALDWELL COUNTY, IT WAS MUCH WORSE IN SOME PARTS OF OUR NEIGHBORING COUNTIES AND I WOULD JUST ASK THEY ALL KEEP THEM IN YOUR THOUGHTS AND PRAYERS BECAUSE THEY'RE FACING A LITTLE BIT MORE THAN WHAT WE HAD. THAT'S ALL I GOT.

>> OKAY COMMISSIONER SHELDON.

>> I WILL DECODE THE SAME.

>> COMMISSIONER ROWAN.

>> SAME HERE. THEY DID A REMARKABLE JOB, I KNOW HECTOR AND HANK CALLED ME SEVERAL TIMES LAST NIGHT TO LET ME KNOW WHAT WAS GOING ON AND I APPRECIATED THEM BEING OUT THERE IN THE MIDDLE OF ALL THAT.

HECTOR [LAUGHTER] GOT EXTREMELY CLOSE TO ONE TORNADO, SO I'M GLAD HE'S HERE WITH US THIS MORNING.

I APPRECIATE EVERYTHING WHICH I'LL DO.

WITH THAT I WILL GO TO DENNIS HAS AN ANNOUNCEMENT.

>> GOOD MORNING, JUDGE, COMMISSIONERS.

[OVERLAPPING] I JUST WANTED TO REMIND YOU THAT ON DECEMBER 17TH OF 2021, CALDWELL COUNTY, RECEIVED A GRANT FROM THE TEXAS WATER DEVELOPMENT BOARD TO DO SOME FLOOD RESILIENCY PLANNING FOR THE COUNTY.

THAT PROJECT IS UNDERWAY AND PROJECT WILL END NOVEMBER 25TH.

BUT WE'RE REQUIRED TO HAVE THREE PUBLIC INFORMATION MEETINGS WITH THE TEXAS WATER DEVELOPMENT BOARD.

THE FIRST OF THOSE MEETINGS IS TONIGHT OR THIS EVENING, I JUST WANT TO REMIND THE PUBLIC OF THAT.

FROM 5:00-7:00 AT THE SCOTT ANNEX, YOU CAN COME AND SEE SOME OF THE PROGRESS BEING MADE, NEW MAP, NEW CHARTS, NEW INFORMATION, IT'LL COME-AND-GO TYPE MEETING.

BUT IF PUBLIC INFORMATION MEETING CONDUCTED BY THE TEXAS WATER DEVELOPMENT BOARD, 5:00-7:00, AT SCOTT ANNEX. THANK YOU.

>> THANK YOU. ANY OTHER STAFF ANNOUNCEMENTS? ESSY.

>> CHRISTIANA MADE ME DO THIS.

NOW I JUST WANTED TO REMIND EVERYBODY THAT WE SUBMITTED ALL OF THE EMAILS FOR COUNTY EMPLOYEES TO TAKE THE CYBERSECURITY TRAINING.

YOU SHOULD BE GETTING AN EMAIL SHORTLY FROM THE VENDOR SO YOU CAN START TAKING THAT.

JUST TO REMIND EVERYBODY, WE WANT TO HAVE AT LEAST 95 PERCENT COMPLETION.

OTHERWISE IT COULD AFFECT OUR GRANTS AND SO FORTH.

WE WILL BE HOUNDING YOU GUYS TO GET IT DONE.

IF THEY HAVE ANY QUESTIONS, HAVE THEM CALL OUR OFFICE.

THEY CAN TALK TO ME CHRISTIANA, ESPECIALLY CHRISTIANA.

BUT THAT IS IT.

>> OKAY. THANK YOU. ANY OTHER ANNOUNCEMENTS? NO CITIZENS COMMENTS?

>> NO CITIZENS COMMENTS.

>> WE'LL MOVE TO CONSENT.

[CONSENT AGENDA]

COMMISSIONERS, ANY QUESTIONS ON CONSENT?

[00:05:01]

NOW I'D LOOK FOR A MOTION TO APPROVE.

>> I'LL MAKE A MOTION. WE APPROVE THE CONSENT AGENDA.

>> THANK YOU. WE HAVE A MOTION.

DO WE HAVE A SECOND?

>> SECOND.

>> A MOTION AND A SECOND TO APPROVE CONSENT.

ALL IN FAVOR SAY AYE?

>> AYE.

>> OPPOSED. HEARING NONE, MOTION CARRIES.

I'M GOING TO SKIP TO ITEM 7.

REAL QUICK, SHERIFF LANE HAS EMERGENCY NEEDS TO INTRODUCE [NOISE].

[7. Discussion/Action to consider the approval of creating two (2) new Corporal and two (2) new Animal Control job positions for the Caldwell County Sheriffs Office.]

DISCUSSION ACTION TO CONSIDER THE APPROVAL OF CREATING TWO NEW CORPORAL AND TWO NEW ANIMAL CONTROL POSITIONS FOR THE SHERIFF'S DEPARTMENT, A NET COST OF ZERO.

WE'RE JUST CREATING A COUPLE OF POSITIONS AND SHUFFLING SOME MONEY AROUND AND COVER THEM THAT'S ALREADY IN THE BUDGET, BUT I'LL LET THEM SHARE ALMOST CALLED, YOU CHIEF.

[LAUGHTER] SORRY. I'LL LET SHERIFF [OVERLAPPING]

>> IT'S BEEN A LITTLE OVER A YEAR.

>> I KNOW [LAUGHTER] [OVERLAPPING] I FINALLY STARTED SAYING SHERIFF'S OFFICE.

[OVERLAPPING] [LAUGHTER].

>> CALL ME ANYTHING, JUST DON'T CALL ME LATE FOR DINNER.

>> OKAY. GO AHEAD.

>> THIS IS GOING TO BE WHAT I GOT UP AND DISCUSSED LAST WEEK OR DAMN STRAIGHT TWO WEEKS AGO.

WE'VE GOT THE NUMBERS SITUATED LIKE WE WANTED HIM.

DO YOU ALL HAVE ANY QUESTIONS ABOUT IT? [OVERLAPPING] ANY QUESTIONS AT ALL?

>> NOT AT ALL.

>> OKAY. WITH THAT, IF NOT, I'D LOOK FOR A MOTION TO APPROVE ITEM 7.

>> I SO MOVE.

>> WE HAVE A MOTION. DO WE HAVE A SECOND?

>> I'LL SECOND?

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> THAT MOTION CARRIES. THANK YOU SHERIFF.

>> NOW WE'RE GOING TO GO BACK TO THE BURN BAN.

[5. Discussion/Action regarding the burn ban]

[NOISE] HECTOR.

[NOISE] [OVERLAPPING] YOU ACT LIKE YOU'VE BEEN UP ALL NIGHT.

[LAUGHTER].

>> GOOD MORNING, JUDGE, COMMISSIONERS [INAUDIBLE]

>> HAZE YOUR MIC ON HECTOR.

>> JUST WANTED TO GIVE YOU AN UPDATE ON THE STORM LAST NIGHT.

I WANT TO CONFIRM THAT CALDWELL COUNTY DID HAVE A TORNADO.

IT TOUCHED DOWN SOMEWHERE AROUND TREE TOP ROAD OR LANE, I'M NOT TOO SURE WHICH ONE IT IS, BUT IT DID SOME PRETTY GOOD DAMAGE OVER THERE, CROSSED ACROSS HIGHWAY 80 EAST OF STEREO TOWN AND HEADED NORTH ABOUT A QUARTER MILE THEN IT LIFTED BACK UP.

WE'RE MEETING WITH THE NATIONAL WEATHER SERVICE THIS MORNING TO DO AN ASSESSMENT TO SEE WHAT TYPE OF TORNADO HIT OUR COUNTY.

WE'RE DOING DAMAGE ASSESSMENT THROUGHOUT THE COUNTY.

I KNOW THAT SOME PEOPLE ARE REPORTING DAMAGE AS FAR AS MCMANN, SO WE'RE DOING A STORM ASSESSMENT ON THAT THIS MORNING.

OTHER THAN THAT, THERE WERE NO INJURIES OR NO DAMAGES.

WE DID HAVE HIGHWAY 80 SHUTDOWN FOR ABOUT AN HOUR-AND-A-HALF DUE TO POWER LINES ACROSS THE ROAD AND GOT THAT TAKEN CARE OF AND THEN OPENED THE HIGHWAY.

WE HAD SOME PRETTY HEAVY RAIN LAST NIGHT.

I'M NOT TOO SURE HOW MANY INCHES, BUT I KNOW HEARING LOCKHART, THE FIRE DEPARTMENT, AND THE POLICE DEPARTMENT, WE'RE VERY BUSY DOING WATER RESCUES AND SHUTTING DOWN STREETS BECAUSE WATER WAS REAL HIGH.

ON THAT NOTE, I WOULD RECOMMEND TO THE COMMISSIONERS THAT WE KEEP THE BURN BAN AND OFF DUE TO WE GOT SUBSTANTIAL RAIN LAST NIGHT.

NOW, ALSO BE AWARE THAT WE ARE GOING TO BE IN INTO A DRYING PERIOD.

I WOULD LIKE TO JUST REITERATE THAT EVERYTHING'S GOING TO DRY UP IN A COUPLE OF DAYS.

WE'LL BE BACK IN FIRE DANGER AS WE WERE BEFORE THE RAINS.

YOU JUST WANT TO KEEP THAT IN MIND, BUT I RECOMMEND THAT WE KEEP THE BURN BAN OFF AT THIS TIME.

>> OKAY. I'LL MAKE A MOTION THAT WE LEAD THE BURN BAN OFF.

>> WE HAVE A MOTION TO TAKE THE BURN BAN OFF. DO WE HAVE A SECOND?

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSING? HEARING NONE, MOTION CARRIES.

WE'RE GOING TO SKIP ITEM 6 JUST FOR A MINUTE.

COMMISSIONER, TERRIO IS ON A QUICK CALL AND MOVE TO ITEM 8.

[8. Discussion/Action to consider Budget Amendment #34, creating two (2) Corporal and two (2) Animal Control Position.]

DISCUSSION ACTION TO CONSIDER BUDGET AMENDMENT 30.

NO, WE JUST DID ITEM 8. NO WE DIDN'T KNOW. [OVERLAPPING].

>> DISCUSSION ACTUALLY CONSIDER BUDGET AMENDMENT 30 FOR CREATING TWO NEW CORPORAL AND TWO NEW ANIMAL CONTROL POSITIONS.

COMMISSIONERS, THIS IS ALMOST IDENTICAL. THAT'S A BUDGET AMENDMENT.

I TOO WAS UP ALL NIGHT.

[LAUGHTER] WE SHOULD ACTUALLY CONSIDER BUDGET AMENDMENT 30 FOR CREATING TWO NEW CORPORAL AND TWO NEW ANIMAL CONTROL POSITIONS.

>> DO WE HAVE A MOTION TO APPROVE ITEM 8?

>> SO MOVE.

>> WE HAVE A MOTION, DO WE HAVE A 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 BUDGET AMENDMENT 37,

[9. Discussion/Action to consider Budget Amendment #37 to transfer money from (001-6560-3510) Machinery & Equipment and (001-6560-4310) Advertising and Legal Notice to (001 6560-4810) Training for upcoming commissioners and judges conference.]

TRANSFERRING MONEY FROM 00165603510, MACHINERY AND EQUIPMENT, TO 00165604310, ADVERTISING AND

[00:10:01]

LEGAL NOTICE TO 00165604810, TRAINING FOR UPCOMING COMMISSIONERS CONFERENCES.

WE HAD TO MOVE A LITTLE BIT OF MONEY OUT OF OUR NORMAL TRAINING A WHILE BACK SO THIS IS JUST TO GET ENOUGH IN THERE SO THAT WE CAN GET OUR CONTINUING EDUCATION NET COST IS 0.

DO I HAVE A MOTION TO APPROVE BUDGET AMENDMENT 37?

>> WELL I'LL MAKE THAT MOTION.

>> WE HAVE A MOTION. DO WE HAVE A SECOND?

>> I 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 BUDGET AMENDMENT

[10. Discussion/Action to consider Budget Amendment #38 to transfer money from (001-6000-0990) Miscellaneous Revenue to (001-7620-4320) Indigent Funeral for the Luling Care Center Donation.]

38 TO TRANSFER MONEY FROM 00160000990, MISCELLANEOUS REVENUE TO 00176204320, INDIGENT FUNERAL FOR LEWIN CARE DONATION.

ESSY, CAN YOU EXPLAIN THAT ONE TO US, PLEASE.

>> YES, COMMISSIONERS. ON THIS ONE, THE NURSING HOME THAT THE GENTLEMAN WAS AT, THEY DECIDED TO PAY US BACK FOR THIS INDIGENT CREMATION THAT WE DID SO THAT'S JUST PUTTING THE MONEY BACK INTO OUR LINE ITEM.

>> OKAY, $650.

>> ALL IN FAVOR CAN I GET A MOTION TO APPROVE ITEM 10?

>> WE HAVE A MOTION.

>> 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 11, DISCUSSION ACTION TO CONSIDER BUDGET AMENDMENT 39 TO

[11. Discussion/Action to consider Budget Amendment #39 to transfer money from (001-6510-4860) Contingency to (001-6520-5310) Building Maintenance Machinery and Equipment for the REQ01252-Rl, DK Haney Roofing Inc.]

TRANSFER MONEY FROM 00165104860, CONTINGENCY TO 00165205310, BUILDING MAINTENANCE, MACHINERY AND EQUIPMENT FOR REQUISITION 01252 R1, OR DK HANEY ROOFING.

THAT ONE, WE'RE MOVING THAT 86,695 FROM CONTINGENCY TO MACHINERY AND EQUIPMENT A6 695.

THIS WAS FOR SOME ROOFING THAT WE HAD TO DO ON A COUPLE OF BUILDINGS.

DO I HAVE A MOTION TO APPROVE BUDGET AMENDMENT 39?

>> SO MOVE.

>> WE HAVE A MOTION, DO WE HAVE A SECOND?

>> I'LL SECOND IT.

>> WE HAVE A MOTION AND THEN A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED. HEARING NONE, MOTION CARRIES.

ITEM 12, DISCUSSION ACTION TO CONSIDER APPROVAL OF REQUISITION 01252,

[12. Discussion/ Action to consider the approval of REQ01252-Rl DK Haney Roofing Inc.,]

R1, DK HANEY ROOFING.

THAT'S A REQUISITION FOR THE AMENDMENT THAT WE JUST DID.

DO WE HAVE A MOTION TO APPROVE ITEM 12?

>> SO MOVED.

>> 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 13, DISCUSSION ACTION TO APPROVE BUDGET AMENDMENT

[13. Discussion/Action to consider Budget Amendment #40 to transfer money from (001-6000-0940) Reimbursed Revenue to (001-6510-4860) Contingency to receive reimbursement from Juvenile Probation.]

40 TO TRANSFER MONEY FROM 00160000940, REIMBURSE REVENUE, TO 00165104860, CONTINGENCY REIMBURSEMENT FROM JUVENILE PROBATION.

COMMISSIONERS, THIS NORMALLY HAPPENS EACH YEAR AND WE'RE GOING TO BE GETTING BACK FROM JUVENILE PROBATION $251,949, WHICH WE'LL PLACE BACK IN THE CONTINGENCY.

DO I HAVE A MOTION TO APPROVE ITEM 13.

>> I'LL MAKE THAT MOTION TO APPROVE ITEM 13.

>> 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 14, DISCUSSION ACTION TO CONSIDER BUDGET AMENDMENT

[14. Discussion/Action to consider Budget Amendment #41 to transfer money from Contingency to each of the Justice of the Peace' s Software Maintenance line item in Fund 16 Justice Court Technology Fund.]

41 TO TRANSFER MONEY FROM CONTINGENCY TO EACH OF THE JUSTICE OF THE PEACE SOFTWARE MAINTENANCE LINE ITEMS IN FINE 16 JUSTICE COURT TECHNOLOGY.

WE'LL BE MOVING $1,888 FROM CONTINGENCY TRANSFER TO JUSTICE COURT TECH FUND $1,888, AND THEN TRANSFER FROM GENERAL FUND $1,888.

THEN THAT WILL GET DIVIDED EQUALLY AMONG THE FOUR JP'S, IN THE AMOUNT OF $472 EACH.

DO WE HAVE A MOTION TO APPROVE ITEM 14?

>> SO MOVE.

>> WE HAVE A MOTION. DO WE HAVE A SECOND?

>> I'LL SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED. HEARING NONE. MOTION CARRIES.

ITEM 15, DISCUSSION ACTION TO CONSIDER THE APPROVAL OF PAYMENT FOR

[15. Discussion/Action to consider the approval of payment for NetProtec LLC Invoice #2636 in the amount of $1,890.00.]

NET PROTECT LLC INVOICE NUMBER 2636 IN THE AMOUNT OF $1,890.

[00:15:08]

WE HAVE A MOTION TO APPROVE INVOICE 2636?

>> I'LL SO MOVE IT.

>> DO WE HAVE A SECOND?

>> SECOND [NOISE].

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED. HEARING NONE, MOTION CARRIES.

ITEM 16, DISCUSSION ACTION TO CONSIDER RATIFICATION OF

[16. Discussion/Action to consider ratification of Employment Agreement between Caldwell County and Leticia Nino.]

EMPLOYEE AGREEMENT BETWEEN COWELL COUNTY AND LETIZIA NINO.

THIS WAS SOMETHING THAT JP 4 ASKED FOR.

HE HAD A TRANSITIONAL PERIOD WHERE HE NEEDED TO HAVE HIS NEW PERSON TRAINED.

LETIZIA LEFT AND SHE AGREED TO COME BACK FOR, I BELIEVE IT WAS 30 DAYS TO TRAIN THE NEW PERSON.

YES.

I THINK THE CONTRACT IS FOR, WHAT WAS THE AMOUNT OF THIS CONTRACT? I CAN'T REMEMBER WHAT IT WAS.

WE'RE PAYING HER TO WRITE A 1939 AN HOUR FOR 40 HOURS, FOR FOUR WEEKS.

ANY QUESTIONS? IF NOT, WE HAVE A MOTION TO APPROVE ITEM 16?

>> I'LL MAKE THE MOTION TO APPROVE ITEM 16.

>> 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 17, DISCUSSION ACTION TO CONSIDER THE APPROVAL OF

[17. Discussion/Action to consider the approval of Employment Agreement between Caldwell County and Miles Smith]

AN EMPLOYMENT AGREEMENT BETWEEN COWELL COUNTY AND MYLES SMITH.

WE HAVE NOT SIGNED THIS YET, SO WE'RE SEEKING APPROVAL TO ENTER INTO THIS CONTRACT WITH MYLES.

YOU HAVE A COPY OF THE CONTRACT IN YOUR BACKUP.

HE WOULD FUNCTION UNTIL THE END OF THE FISCAL YEARS AS OUR PUBLIC INFORMATION OFFICER, IF YOU GIVE ME AN AUTHORIZATION TO APPROVE THIS CONTRACT AND WE WILL BE BUDGETING FOR A FULL-TIME POSITION, WHICH TIME WE WILL POST THAT OBVIOUSLY, AND GO THROUGH THE NORMAL POSTING AND INTERVIEW PROCESS.

ARE THERE ANY QUESTIONS ABOUT CONTRACT COMMISSIONERS? IF NOT, I'D LIKE FOR A MOTION TO APPROVE ITEM 17?

>> SO MOVE.

>> 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.

I'VE BEEN ASKED TO TABLE ITEM 18 UNTIL MR. GURLEY CAN GET HERE.

[18. Discussion/Action to consider ratification of a release agreement between Caldwell County and Melvin Gurley]

>> YES, COMMISSIONER, I CAN EXPLAIN THAT IF YOU'D LIKE.

>> OKAY.

>> I HAD SPOKEN TO MR. GURLEY.

WE ORIGINALLY SCHEDULED THE DAY LAST WEEK FROM BECOMING AND SIGN.

HE ASKED TO BE RESCHEDULED AND HE WAS NOT ABLE TO COME IN AT THE RESCHEDULED DATE.

WE'RE JUST ASKING YOU TO BE TABLE UNTIL HE CAN COME IN, SIGN AND THEN WE CAN RATIFY THAT AGREEMENT.

>> OKAY. DO WE HAVE A MOTION TO TABLE ITEM 18? WE HAVE A MOTION TO TABLE ITEM 18. 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 19, DISCUSSION ACTION THAT REBATE PURE CASTINGS FY 2020 AND FY 2021,

[19. Discussion/Action to rebate Pure Casting FY 2020 and FY 2021 taxes, resulting from Pure Casting compliance with an economic development agreement with Caldwell County.]

RESULTING FROM PURE CASTING, ITS COMPLIANCE WITH ECONOMIC DEVELOPMENT AGREEMENT WITH CALDWELL COUNTY.

THIS IS SIMILAR TO WHAT WE WOUND AT DOING LAST YEAR, COMMISSIONERS, AND WE'RE GOING TO DO A PROBATION OF THAT BECAUSE THEY DID NOT FULLY MEET THEIR METRICS FOR THEIR 381 AGREEMENT.

AS HE WAS AT 60, DO THEY REACH 68 PERCENT? I BELIEVE IS WHAT WE SAID.

WE'RE GOING TO REBATE 68 PERCENT OF THE 40 PERCENT THAT THEY WERE ENTITLED TO, HAD THEY MET THEIR METRICS.

ANY QUESTIONS ABOUT THAT?

>> NO, THAT'S CONSISTENT WITH WHAT WE'VE DONE.

>> VERY GOOD. WE'LL NOW LOOK FOR A MOTION TO APPROVE ITEM 19.

>> I MOVE.

>>WE HAVE A MOTION. DO WE HAVE A SECOND?

>> I SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED HEARING NONE, THE MOTION CARRIES.

ITEM 20, DISCUSSION ACTION TO MAKE A RECOMMENDATION TO

[20. Discussion/Action to make a recommendation to the Texas Commission on Environmental Quality regarding the creation of a Municipal Utilities District encompassing the Bollinger subdivision in Caldwell County.]

THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY REGARDING THE CREATION OF A MUNICIPAL UTILITIES DISTRICT ENCOMPASSING THE BOLLINGER SUBDIVISION IN CALDWELL COUNTY.

SCOTT, WOULD YOU LIKE TO SAYING ANYTHING ABOUT THAT?

>> YES, SIR. GOOD MORNING, SCOTT MILLER FOR METRO DEVELOPMENT.

THIS IS THE BOLLINGER PROJECT ON 2720 THAT WE HAD THE WORKSHOP ON A COUPLE OF MONTHS AGO.

IT'S ABOUT 330 ACRES RIGHT ACROSS FROM THE PROJECT EVERGREEN SITE ON THAT BEND OF 2720.

THIS IS A REQUEST FOR CONSENT FOR A MUD CREATION TO TCQ TO FUND ALL OF THE INFRASTRUCTURE.

[00:20:03]

>> COMMISSIONERS, ANY QUESTIONS? IF NOT, I'D LOOK FOR A MOTION.

I'LL MAKE A RECOMMENDATION TO TCQ, COMMISSION ON ENVIRONMENTAL QUALITY SUPPORTING CREATION AND MUNICIPAL UTILITY DISTRICT ENCOMPASSING THE BOLLINGER SUBDIVISION IN CALDWELL COUNTY.

>> I'LL MAKE THAT MOTION.

>> 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 21, DISCUSSION ACTION TO APPROVE A ROADWAY AGREEMENT BETWEEN REEF HOLDINGS,

[21. Discussion/Action to approve a roadway agreement between RREAF Holdings, LLC and the County, consisting of right-of-way dedications and roadway improvements for the Cherryville #5 and RonJon subdivisions located on County Road 107.]

LLC AND COUNTY COMMISSION CONSISTING OF ROADWAY DEDICATIONS AND ROADWAY IMPROVEMENT FOR THE CHERRYVILLE NUMBER 5, AND RON JON SUBDIVISIONS LOCATED ON COUNTY ROAD 107.

TRACY HERE TODAY? NO. SHANNON, YOU GOT A MINUTE TO COME UP? WHAT THIS IS COMMISSIONERS IS WE'VE BEEN WORKING FOR MANY WEEKS TO GET TO A ROADWAY AGREEMENT BETWEEN REEF HOLDINGS AND THE COUNTY CONSISTING OF ROADWAY DEDICATION AND ROADWAY IMPROVEMENTS FOR CHERRYVILLE AND RON JON SUBDIVISIONS.

WE HAVE WORKED THROUGH THAT AND I THINK THAT TRACY AND COMMISSIONER TERRYO AND SHANNON HAVE ALL GOTTEN TO A POINT WHERE WE'RE FINALLY COMFORTABLE WITH GOING FORWARD WITH THIS.

WE'RE LOOKING FOR A MOTION TO APPROVE THE ROADWAY AGREEMENT THAT WE'VE NEGOTIATED WITH REEF.

ANY QUESTIONS? GO AHEAD, SIR.

ANY QUESTIONS RELATED TO THAT.

>> I HAVE A QUESTION.

JUST CURIOUS, BUT IS THIS SO THAT YOU CAN MAKE A TURN LANE FOR THE FUTURE SUBDIVISION OR SOMETHING?

>> YES, MA'AM. IT DEALS WITH OFFSITE ROAD IMPROVEMENTS THAT HAVE PERIMETER TO THEIR PERIMETER ROAD AGREEMENTS THAT ARE ADJACENT TO THE PROPERTY.

BASICALLY, WHAT IT SAYS IS COUNTY ROAD 107 WILL IMPROVE OUR HALF OF THAT ROADWAY AS WE BUILD UP AGAINST IT AND PLAN IT.

WE'LL DEDICATE RUNWAY FOR THE WIDE NEED OF 80 AND I GUESS, IT WILL CUT THE NORTHWESTERN.

WHAT THEY REFER TO IS 110.

WE'RE GOING TO BUILD ARTERIAL FULL ACCESS BOTH WAYS ON THAT IN BOARDING INTO THE PROJECT AS WE DEVELOP THE PROPERTY.

ANYTHING THAT WE'RE ADJACENT TO, THIS SIMPLY SAYS, WE AGREE THAT BASED ON COMMON SENSE FACTS, THAT'S WHAT WE WOULD DO.

THEN WE'D ALSO, IN THE EVENT OF TIA IN THE FUTURE SAID WE NEED TO DO SOMETHING ADDITIONAL THEN IT SAYS WE'LL DO THAT AS WELL.

>> THAT'S NICE.

>> WE'RE LOOKING FORWARD TO GETTING GOING ON IT AND HAPPY TO BE HERE.

>> I WANT TO THANK SHANNON AND TRACY AND COMMISSIONER TERRYO BECAUSE THEY DID ALL THE HEAVY LIFTING ON THAT.

I SAID LISTEN TO A COUPLE OF CALLS, BUT I DIDN'T HAVE A WHOLE LOT OF INPUT.

SO THANK YOU TO EVERYONE.

THERE'S A LOT OF WORK THAT WENT INTO GETTING THIS DONE AND REALLY APPRECIATE IT.

IF THERE ARE NO FURTHER QUESTIONS, I'D LOOK FOR A MOTION TO APPROVE THE ROADWAY AGREEMENT BETWEEN REEF HOLDINGS, LLC AND COUNTY CONSISTING OF ROADWAY DEDICATIONS AND ROADWAY IMPROVEMENTS FOR CHERRYVILLE NUMBER 5 AND RON JON SUBDIVISIONS LOCATED ON COUNTY ROAD 107.

>> GEORGE HILL, BEFORE THE VOTE, THERE ARE TWO CHANGES BETWEEN THE BACKUP VERSION AND I THINK WHAT IS BEFORE THE COURT.

THEY ARE TYPOGRAPHICAL CHANGES.

THE FIRST ONE IS THAT JJ'S EMAIL SHOULD BE REPLACED WITH MINE.

>> OKAY.

>> [LAUGHTER] THEN I THINK THAT CASEY'S EMAIL NEEDS TO BE ADDED.

BUT I THINK THOSE ARE THE ONLY SUBSTANTIAL CHANGES.

>> I'LL BE LOOKING FOR A MOTION TO APPROVE WITH THOSE CHANGES.

>> I ALSO MOVE AS AMENDED.

>> WE HAVE A MOTION TO APPROVE ITEM 20 AS AMENDED, DO WE HAVE A SECOND?

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> SORRY, ITEM 21. ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED HEARING NONE, MOTION CARRIES.

>> THANK YOU.

>> THANK YOU. WE'RE GOING TO GO AHEAD AND BACK UP NOW TO THE DISCUSSION ACTION

[6. Discussion/Action to discuss the creation of a Library District for Precinct 3.]

TO CONSIDER THE CREATION OF A LIBRARY DISTRICT FOR PRECINCT 3. MS. GUERRERO.

>> THANK YOU, JUDGE AND COMMISSIONERS FOR ALLOWING ME THE OPPORTUNITY TO FOLLOW UP WITH YOU REGARDING THE SALES TAX QUESTION POSED AT THE LAST MEETING.

SINCE THEN, I'VE SPOKEN WITH RICHARD MOYNIHAN AT THE TEXAS CONTROLLER'S OFFICE, AND HE'S INFORMED ME THAT MOST, BUT NOT ALL, THE PRECINCT THREE IS ALREADY AT THE CAP RATE OF 8.25 PERCENT.

AS OF RIGHT NOW, WE'RE CURRENTLY LOOKING INTO WHICH AREA'S INCREASING THREE,

[00:25:05]

WE MIGHT HAVE SOME WIGGLE ROOM TO WORK WITH AND IF WE ARE ABLE TO FIND AVAILABLE FUNDS, WE WOULD REALLY LIKE TO BE ON THE NOVEMBER BALLOT.

TO DO THAT, WE HAVE TO FOLLOW THESE STEPS NOW AND BEGIN THE PROCESS.

>> THANK YOU.

>> COMMISSIONERS.

>> WHEN IS YOUR DEADLINE? ACCORDING TO THE PROCEDURES THAT YOU'RE FOLLOWING, WHEN YOU WOULD BE REQUIRED TO?

>> I SPOKE WITH KIMBERLY DANIEL AND I BELIEVE THAT THE ELECTIONS ADMINISTRATOR AND I BELIEVE THAT SHE SAID THAT WE HAVE, I WANT TO SAY 40 DAYS BEFORE THE NOVEMBER ELECTION TO BE ON BALLOT.

>> FORTY DAYS?

>> YES, SIR. I DO THINK SHE DID TELL ME THAT SHE WAS GOING TO GO AHEAD THOUGH AND GO BACK IN AND DOUBLE-CHECK.

>> THAT MIGHT BE SOMETIME IN MID SEPTEMBER?

>> YES. YES, SIR.

>> OKAY. I REALLY SUPPORT WHAT YOU GUYS ARE DOING. I THINK IT'S GOOD.

HOWEVER, IF THIS WERE PLACED ON THE BALLOT, I WOULD WANT FOLKS TO KNOW THAT IF THEY'RE VOTING, THAT WOULD BE SOMETHING THAT COULD BE FUNDED AND COULD OCCUR. [NOISE]

>> YES.

>> I'M A LITTLE TORN, I GUESS.

AS FAR AS AUTHORIZING PLACEMENT ON THE BALLOT, IF THE SALES TAX AVAILABILITY IS NOT THERE.

>> I ALMOST FEEL LIKE WE NEED TO GET THAT NAILED DOWN PERSONALLY, BEFORE WE DO THIS AND KNOW EXACTLY WHAT THE PERCENTAGE IS IN THAT THING.

THAT I THINK COURT SEEMS HAVE AN APPETITE TO DO IT, BUT WE NEED TO GET THAT NAILED DOWN BEFORE WE AUTHORIZE IT TO BE ON THE BALLOT.

OTHERWISE, IF YOU GET DOWN THE ROAD AND YOU FIND OUT THAT THERE IS NO TAX MONEY HERE, IT'S NOT AS MUCH AS YOU THOUGHT, SOMETHING LIKE THAT, THEN THAT'S GOING TO BE A CAN OF WORMS.

>> YES, SIR.

>>I HATE TO TABLE IT BUT I THINK I'M GOING TO MOVE THAT BE TABLED UNTIL SUCH TIME THAT YOU GUYS CAN DETERMINE THAT THAT SALES TAX AVAILABILITY IS THERE FOR YOU.

>> YES, SIR.

>> BUT AGAIN THANK YOU FOR ALL YOUR WORK ON THIS, I THINK IT COULD BE AN ASSET TO THE COUNTY.

>> COMMISSIONER, THEY ALSO NEED TO SUBMIT A PETITION TO THE COURT AND THAT PETITION SHOULD CONTAIN THEIR PROPOSED TAX RATE.

>> I'M SORRY, SAY AGAIN.

>> THEY ALSO NEED TO SUBMIT A PETITION TO THE COURT AND THAT PETITION SHOULD CONTAIN THE PROPOSED TAX RATE?

>> YES. IS THAT SOMETHING THAT THEY DON'T HAVE OR WE'RE WORKING ON?

>> YES, SIR. WE DO CURRENTLY HAVE IT, WE'RE JUST GARNERING SIGNATURES RIGHT NOW.

>> OKAY.

>> ALL RIGHT. WELL, I MOVE THAT WE TABLE THIS ITEM TO NOT A DATE SPECIFIC, BUT TO A POINT IN THE FUTURE THAT THE PETITION IS SUBMITTED TO US AND THE AVAILABLE TAX RATE IS IDENTIFIED.

>> THANK YOU FOR YOUR TIME.

>> THANK YOU. WE HAVE A MOTION ON THE TABLE.

DO WE HAVE A SECOND?

>> I'LL SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY, AYE.

>> AYE.

>> OPPOSED? HEARING NONE. MOTION CARRIES.

I'M GOING TO JUST LOOK BACK [LAUGHTER] HERE AND MAKE SURE THAT I HAVEN'T FORGOTTEN THAT ITEMS SINCE WE'VE BEEN BOUNCING AROUND A LITTLE BIT.

>> THANK YOU.

>> WITH THAT, WE'RE GOING TO GO AHEAD AND RECESS AND GO INTO [NOISE] NEGATIVE SESSION.

>> YOU FORGOT NUMBER 22.

>> YOU WANT TO DO ITEM 22?

>> OH, I FORGOT. TOTALLY MISSED IT.

SORRY. THAT'S WHY [LAUGHTER] I PUT THE TABLE NEXT TO THAT.

ITEM 22, DISCUSSION ACCIDENT CONSIDER VARIANCE REQUESTS A LOT FRIENDS REQUIREMENT OF

[22. Discussion/Action to consider a variance request to the lot frontage requirement of the Caldwell County Development Ordinance (A.2.D) concerning 476 Crossroads Drive Austin Skyline Section 5, Block B, Lot 5.]

THE CALDWELL COUNTY DEVELOPMENT ORDINATES A.2.D CONCERNING 476 CROSS-FLOW, DR. AUSTIN SKYLINE, SECTION 5, BLOCK B, LOT 5.

>> GOOD MORNING. THE CALDWELL COUNTY LANDOWNER ACTUALLY OWNS A TRACK OF LAND THAT'S 4.49 ACRES.

THEY WANTED TO SPLIT IT INTO TWO EQUAL PARTS OF 2.246.

IT IS EXISTING IN AUSTIN SKYLINE SUBDIVISION, SO IT WOULD BE CONSIDERED AS A REPLANT.

THE PROBLEM IS IN CALDWELL COUNTY'S ORDINANCE, EACH TRUCK HAS TO HAVE 150 FEET OF FRONTAGE.

FOR THE TWO WOULD NEED 300 TOTAL.

THEY ONLY HAVE 290 FOOT OF FRONTAGE.

THEY'RE REQUESTING A VARIANCE TO WHERE THEY WOULD EACH HAVE ONE TRACK WOULD HAVE 145 AND THE OTHER TRUCK WOULD HAVE 145 OF FRONTAGE.

WE'VE DONE IT BEFORE IN THE PAST AND IT JUST

[00:30:02]

REALLY MAKES A LOT OF SENSE IN OUR ORDINANCE, BUT IF I AM DOING IT INSTEAD OF HAVING ONE TRACK AND HAVING A FLAG.

AT THIS TIME I'M JUST REQUESTING A VARIANCE ON THEIR BEHALF TO HAVE THE REDUCED FRONTAGE REQUIREMENT.

>> COMMISSIONERS, ANY QUESTIONS?

>> NO.

>> IF NOT, DO WE HAVE A MOTION TO APPROVE THE VARIANCE REQUEST?

>> I'LL SAY MOVE.

>> WE HAVE A MOTION. DO WE HAVE A SECOND?

>> I'LL SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>>OPPOSED? HEARING NONE.

MOTION CARRIES.

>> THANK YOU.

>> NOW [LAUGHTER] HE SAYS GO INTO EXECUTIVE SESSION AT 9:30.

[23. EXECUTIVE SESSION]

EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.0871, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT SUMMERTIME.

POSSIBLE ACTION MAY FOLLOW AN OPEN COURT AND EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE 551.0712 AND SECTION 551.087, CONSULTATION WITH COUNCIL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT IN AGREEMENT VISIONARY FIBER TECHNOLOGIES.

POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

WE ARE IN EXECUTIVE SESSION AND WILL RETURN SHORTLY.

WE'RE OUT OF EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551087, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECTS SUMMERTIME.

COMMISSIONERS, DO WE HAVE A MOTION TO AUTHORIZE PROCEED ECONOMIC DEVELOPMENT INCENTIVES FOR PROJECTS EVERY TIME.

>> SO MOVE.

>> 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.

>> YOUR HONOR, THE TIME WE EXITED THE EXECUTIVE SESSION.

>> THAT ONE WAS 09:56 AND EXECUTIVE SESSION PURSUANT, IT TAKES GOVERNMENT CODE 551071, SECTION 551087, CONSULTATION WITH COUNCIL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT AGREEMENT VISIONARY FIBERS ALSO ADD A SESSION AT 09:56 AND WE'LL MOVE TO ITEM 25;

[25. Discussion/Action to rebate Visionary Fiber Technologies (VFT) FY 2020 and FY 2021 taxes, resulting from VFT's compliance with an economic development agreement with Caldwell County.]

DISCUSSION ACTION TO REBATE VISIONARY FIBER TECHNOLOGIES, VFT FY 2020 AND 2021.

TAXES RESULTING FROM THE VFT IS COMPLIANCE WITH ECONOMIC BELLMAN AGREEMENT WITH CALDWELL COUNTY COMMISSIONERS.

DO WE HAVE A MOTION TO APPROVE FY 2020, AND 2021 REBATE ON TAXES FOR BIDS IN EVERY FIBER?

>> MOVE.

>> WE HAVE A MOTION. DO WE HAVE A SECOND?

>> I'LL SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED? HEARING NONE. MOTION CARRIES.

ITEM 26, DO WE HAVE A MOTION TO ADJOURN?

>> I'LL MAKE A MOTION TO ADJOURN.

>> WE HAVE A MOTION. DO WE HAVE A SECOND? [NOISE].

>> I SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED? HEARING NONE. MOTION CARRIES.

WE ADJOURNED AT 9:57.

* This transcript was compiled from uncorrected Closed Captioning.