[00:00:05] GOOD MORNING, EVERYONE. [Call Meeting to Order] THANK YOU FOR COMING THIS MORNING. WE'RE GOING TO CALL THE MEETING TOGETHER TO ORDER TUESDAY THE 12TH DAY OF APRIL 2022 AT 9 A.M.. AND COMMISSIONER ROLAND, WOULD YOU PLEASE LEAD US IN THE INVOCATION THIS MORNING? I'LL BE GLAD TO. OUR FATHER, WHO ART IN HEAVEN, THE FATHER OF OUR LORD AND SAVIOR JESUS CHRIST. FATHER JUST ONCE AGAIN THAT YOUR WEAKENED AND MOST HUMBLE SERVANT IS STANDING HERE WITH MY MIND STEAD ON YOU. LORD, WE ARE IN A TERRIBLE SITUATION WITH THIS WORLD. I DON'T THINK YOU'RE HAPPY WITH IT. THERE'S WARS AND RUMORS OF WARS. AND EVERYTHING IS HAPPENING. JUST. EXCUSE ME Y'ALL BUT FOUR YOUNG MEN JUMPED ON MY SON, AND THEY BEAT HIM PRETTY BAD, AND HE MIGHT LOSE ONE OF HIS EYES. BUT LORD, I PRAY RIGHT NOW, IN THE NAME OF JESUS THAT YOU WOULD LOOK AFTER HIM WITH ALL THE TENDER CARE THAT YOU HAVE. LORD, I PRAY THAT YOU WOULD JUST TAKE CARE OF HIM. JUST TAKE CARE OF HIM. EXCUSE ME, Y'ALL. I'M GETTING REAL PERSONAL, AND I'M SORRY, BUT I PRAY THAT THIS COURT MAKE THE RIGHT DECISIONS TODAY. AND THEY WILL LISTEN VERY CAREFULLY TO EVERYTHING THAT'S SAID AND DO THE BEST WE CAN. I KNOW THAT JESUS IS COMING BACK AGAIN, AND WHEN HE COME, HE'S GOING TO SET THINGS IN ORDER. IT'S JESUS' NAME THAT I PRAY. AMEN. AMEN. JUMPING AHEAD. OKAY. [Announcements] DO WE HAVE ANY ANNOUNCEMENTS THIS MORNING? COMMISSIONERS, GO AHEAD. AND THEN WE HAVE SEVERAL STAFF ANNOUNCEMENTS. NO ANNOUNCEMENTS FOR ME, JUDGE. OKAY. THANK YOU. I JUST LIKE TO SAY, LAST NIGHT I WENT AND ATTENDED THE FIRST BINGO THE AMERICAN LEGION PUT ON HERE IN LOCKHART. IT WAS VERY, VERY WELL ATTENDED. IT TAKES A LOT TO DO ONE OF THOSE AND GET IT OFF THE GROUND. SO I WANT TO SAY THANK YOU TO ALL OF THEM THAT WAS INVOLVED IN DOING THAT. AND IF YOU LIKE BINGO AND WANT TO GO, THEY'RE GOING TO DO IT EVERY MONDAY NIGHT. THANK YOU. COMMISSIONER THERIOT. NO REPORT. OKAY. THANK YOU. I DON'T HAVE ANY EITHER. WITH THAT, WE'LL GO TO STAFF ANNOUNCEMENTS. CHASE. THANK YOU, JUDGE. JUST A REMINDER THAT OUR DEPOSITIONS WILL BE ON APRIL THE 29TH A FRIDAY. Y'ALL ARE SCHEDULED TO START IN THE AFTERNOON AT 1:00. COMMISSIONER WESTMORELAND IS FIRST FOLLOWED BY COMMISSIONER SHELTON AND IN ORDER OF PRECINCT UNTIL WE GET TO JUDGE HADEN LAST. CONGRATULATIONS, JUDGE. THANK YOU. ALL RIGHT, DENNIS. GOOD MORNING, JUDGE COMMISSIONERS. LAST FRIDAY, I ATTENDED A MEETING AT CAPCOG TO GO OVER THE PROTOCOLS REPORTING RESPONSIBILITIES FOR THE UPCOMING SOLID WASTE PROGRAM GRANTS. THIS IS THE GRANT THAT WE APPLIED FOR WHICH WE'RE GOING TO RECEIVE, WHICH IS A LITTLE OVER $24,000 DOLLARS TO CONDUCT FIVE COMMUNITY CLEANUP EVENTS THROUGHOUT THE COUNTY. AND WHAT WE DISCOVERED WAS TCEQ HAS NOT YET APPROVED THE GRANTS, SO WE'VE HAD TO DELAY AND RESCHEDULE OUR FIRST PLANNED COMMUNITY EVENT. AND I'M GOING TO GIVE YOU THE DATES, UPDATED DATES OF ALL FIVE EVENTS. IN FACT, EVEN THIS MORNING, I GOT AN EMAIL FROM CAPCOG REQUESTING SOME INFORMATION THAT TCEQ NEEDS ABOUT OUR GRANT. IT'S SOMETHING THAT'S REAL SIMPLE. I JUST GOT TO RESPOND TO IT, BUT WE'VE HAD TO POSTPONE. WE ORIGINALLY HAD ANNOUNCED THAT OUR FIRST CLEANUP EVENT WAS GOING TO BE APRIL 30TH AT MAXWELL. THAT HAS NOW BEEN POSTPONED AND MOVED TO MAY 21ST. SO THE FIRST COMMUNITY CLEANUP EVENT WILL BE MAY 21ST AT MAXWELL. THEN ON JUNE THE 11TH, WE'RE HAVING A TIRE ONLY COLLECTION EVENT AGAIN AT MAXWELL. ON JULY 16TH WE WILL BE IN DALE, AUGUST 20TH IN LULING AND SEPTEMBER 17TH IN LOCKHART. [00:05:01] OKAY. THANK YOU. OKAY. THANK YOU, KIMBER. GOOD MORNING, COMMISSIONERS. THANK YOU FOR FOR LETTING ME SPEAK THIS MORNING. THE FIRST THING I WANT TO DO IS INTRODUCE EVERYBODY PROBABLY KNOWS HIM BECAUSE HE WORKED FOR THE COUNTY BEFORE. IS DEVONTE COLE. WHO? DEVONTE, STAND UP. DEVONTE IS NOW WITH THE ELECTIONS DEPARTMENT. HE IS OUR ABSENTEE BALLOT PERSON. HE CAME TO WORK FOR US AT THE END OF FEBRUARY OR THE MIDDLE OF FEBRUARY. WE KIND OF THREW HIM IN TO A BALLOT BY MAILS BECAUSE WE HAD THE MARCH 1ST ELECTION. HE'S DONE A GREAT JOB AND GOT IT UP IN ORDER AND EVERYTHING READY FOR US TO DO THE MARCH OR EXCUSE ME, MAY 7TH AND MAY 24TH ELECTIONS. AND HE WAS TWO WEEKS EARLY GETTING OUT HIS BALLOT BY MAILS FOR THE MAY 7TH ELECTION. SO WE'RE VERY EXCITED TO HAVE HIM WITH US IN THE ELECTIONS DEPARTMENT. SO SMILE. THERE YOU GO. ALL RIGHT. AND THE OTHER THING I WANT TO TELL YOU IS THAT AS YOU GUYS KNOW, THAT THE ELECTIONS DEPARTMENT DOES A COMMUNITY SERVICE, WE TRY TO DO THAT ONCE EVERY MONTH OR AT LEAST ONCE EVERY QUARTER TO DO THAT. SO THIS SUMMER, WE'RE GOING TO BE DOING MOVIES IN THE PARK IN UHLAND. WE'RE GOING TO BE SERVING POPCORN THERE. AND WE'RE ALSO GOING TO BE DOING THE TRUNK OR TREAT IN OCTOBER, ALSO IN UHLAND. SO IF THERE'S ANYBODY IN THE COUNTY THAT IS INTERESTED IN HELPING US DO THOSE THEN WE WOULD LOVE FOR YOU GUYS TO COME AND BE A PART OF THAT, JUST SHOOT US AN EMAIL OR SHOOT ME AN EMAIL AND WE'D BE GLAD TO SEE ABOUT IT. WE'RE ALSO LOOKING AT DOING A DAY IN THE PARK IN ARLINGTON FOR THE RANGERS. I HAVE A DEAL WHERE I CAN GET SOME SPECIAL TICKETS FOR THAT AT A REASONABLE PRICE. SO WE'LL BE SENDING OUT AN EMAIL ABOUT THAT FOR ANYBODY, ANY COUNTY EMPLOYEE THAT WANTS TO GO TO THAT WITH US, WILL BE ABLE TO GET A DISCOUNTED TICKET TO DO SO AND WE'LL BE PUTTING THAT INFORMATION OUT IN THE NEXT COUPLE OF WEEKS. THANK YOU. THANK YOU, EZZY. HEY, COMMISSIONERS, I JUST WANT TO LET EVERYBODY KNOW THAT CYBERSECURITY TRAINING IS ON. YOU SHOULD HAVE GOTTEN AN EMAIL SO EVERYBODY THAT HAS NOT DONE THEIR CYBERSECURITY TRAINING NEEDS TO DO SO. AGAIN, THERE'S A LOT OF GROWTH, ESPECIALLY GRANTS STUFF THAT IS TIED TO THIS. WE COULD LOSE FUNDING, SO PLEASE DO IT. WE NEED TO BE AT LEAST 95% COMPLIANT. SO DO IT. YOU WILL BE HOUNDED BY KRISTIANNA IF YOU DO NOT DO IT. SO YOU WILL BE GETTING WEEKLY REMINDERS TO DO YOUR CYBERSECURITY TRAINING. DEPARTMENT HEADS PLEASE TELL YOUR STAFF TO GET IT DONE. IF YOU HAVE ANY QUESTIONS, CALL ME. CALL KRISTIANNA. AND ALSO, AS YOU CAN TELL FROM THE PACKET THAT'S IN THERE, BUDGET IS COMING AROUND. FUN FUN, IT'S THAT TIME OF THE YEAR AGAIN. SO DEPARTMENT HEADS, GET YOUR BUDGETS READY. I'LL BE SENDING OUT STUFF SHORTLY WITHIN THE NEXT TWO WEEKS OR SO. AND IF YOU HAVE ANY QUESTIONS, GIVE ME A CALL. OKAY? THANK YOU. ANY OTHER ANNOUNCEMENTS? OKAY IF NOT WE WILL MOVE TO CITIZENS COMMENTS. [Citizens' Comments] SUSAN LANE. SUSAN LANE. NOT HERE. CODY CLEMENT. PLEASE. YOU GOT 4 MINUTES. PLEASE STATE YOUR NAME AND WHERE YOU'RE FROM CODY. THANK YOU. GOOD MORNING, YOUR HONOR. COMMISSIONERS. JUST PUSH THAT BUTTON. HELLO, CAN YOU HEAR ME? BETTER. JUST PICK IT UP GOOD MORNING, YOUR HONOR AND, COMMISSIONERS, THANK YOU FOR YOUR TIME AND GIVING ME THE OPPORTUNITY TO SPEAK THIS MORNING. MY NAME IS CODY CLEMENT. I LIVE ON 1334 HOMANNVILLE TRAIL. I AM A RIGHT ACROSS THE STREET FROM THE 130 ENVIRONMENTAL PARK. AND I JUST HAVE A FEW CONCERNS THAT I'D LIKE TO EXPRESS. I KNOW WHAT IT'S LIKE TO BE PART OF A 24 HOUR OPERATION. I WORKED FOR A MINING OPERATION OUTSIDE OF WEATHERFORD AND JUST THE NOISE OF THE DOZERS AND EXCAVATORS AND HAUL TRUCKS RUNNING AROUND. IT'S ALREADY LOUD AS IS, AND THE ONLY THING THAT I REALLY HAVE TO LOOK FORWARD TO IS THAT THERE'S A TIME THAT IT STOPS AT THE END OF THE DAY. ALSO, JUST THE NOISE POLLUTION IN GENERAL AND THE LIGHT POLLUTION. WHEN YOU'RE RUNNING 24 HOURS, IT'S TOO EXPENSIVE TO RUN UTILITIES AROUND THE PROPERTY. SO YOU TYPICALLY HAVE DIESEL PORTABLE OR PORTABLE DIESEL GENERATORS THAT RUN A LIGHT POLE AND JUST THE LIGHT POLLUTION THAT THAT WOULD CAUSE THE OPERATION THAT I WAS A PART OF YOU COULD SEE THE GLOW A MILE AND A HALF AWAY. AND ALSO JUST ANOTHER CONCERN IS I KNOW HOW EXPENSIVE IT IS TO HAVE AN OPERATION THAT'S RUN 24 HOURS. AND I KNOW THAT THEY DON'T HAVE A WHOLE LOT OF BUSINESS YET. SO I'M KIND OF CONCERNED ABOUT WHAT THEY'RE BRINGING IN THERE IN ORDER TO PAY FOR THAT. [00:10:02] IF THERE'S SOMETHING THAT'S MAYBE SLIGHTLY MORE TOXIC THAT THEY'RE BRINGING INTO THERE. AND I DO UNDERSTAND THE APPEAL OF REVENUE GENERATED FOR THE COUNTY AND WHAT YOU GUYS CAN DO WITH THAT. HOWEVER, I DO NOT FEEL THAT PERSONALLY THAT IT OUTWEIGHS THE ENVIRONMENTAL IMPACTS AND THE IMPACTS ON THE COMMUNITY AROUND IT. THANK YOU. THANK YOU, SIR. FRANK SUGRUE. MR. SUGRUE I SEE HIM, HERE HE COMES. GOOD MORNING, COMMISSIONER JUDGE, THANK Y'ALL FOR LETTING ME SPEAK TODAY. A LITTLE PARTLY CLOUDY, BUT STILL A GOOD DAY TO BE ABOVE GROUND I THINK. I'M HERE TO SPEAK NOT ON AN AGENDA ITEM, BUT I'M HERE TO SPEAK ABOUT POSSIBLY GETTING SOMETHING AT NEXT COURT FOR THE AGENDA IS AN OPPOSITION OR A RESOLUTION OPPOSING THE 24 SEVEN. I SPOKE WITH JUDD HADEN ON THE PHONE AND THEN IN OUR DALE MEETING. COMMISSIONER, YOU WERE THERE ABOUT THIS TOO, AND I THOUGHT THE ATTORNEY WAS WORKING ON THAT, THAT AGENDA ITEM. SO HOPEFULLY WE CAN HAVE THAT AGENDA ITEM AGAIN OPPOSING THIS 24/7. THE REASON BEING THAT, YOU KNOW, THERE'S A LOT OF PEOPLE HERE THAT'S NEVER BEEN THROUGH THAT PROCESS AND FIGHTING A LANDFILL, THERE'S A LENGTHY PROCESS. I THINK WE STARTED NINE YEARS AGO. YOU'RE GOING TO HAVE YOUR MEETINGS, YOUR SOHO CAN CALL IT CONTESTED CASE HEARINGS. AT THE END OF THE DAY, YOU'LL HAVE WHAT'S CALLED THE FINAL DECISION. AND THAT'S WHERE ONE THE APPLICANT THAT ONE THE ATTORNEY FOR TCEQ WILL SPEAK, YOUR APPLICANT ATTORNEY IS GOING TO SPEAK YOUR OPEC, WHICH IS THE PUBLIC INTEREST ATTORNEY FOR THE TCEQ THAT'S SUPPOSED TO LOOK AFTER OUR INTEREST SPEAKS. AND OF COURSE, THE OPPOSITION SPEAKS. WELL IN THE PUBLIC INTEREST ATTORNEY, THE OPEC ATTORNEY. YET I THINK A 17 PAGE BRIEF FILED IN ONE OF THEM, LAST BUT NOT LEAST, WAS OPERATING 24/7. THE COMMISSIONER SPOKE ABOUT THAT OPERATION, THE 24/7 AND FELT THAT, YOU KNOW, IT WASN'T FAIR TO THE PEOPLE AND ONE THAT IT SHOULDN'T HAPPEN. AND IF I'M WRONG, YOU KNOW, WE CAN CLEAR IT UP. BUT THE BEST THING I'M PARAPHRASING TOO. AT THAT TIME, BRENT RYAN, WHICH IS THE ATTORNEY FOR THE 130, STOOD UP AND SAID, I SPOKE WITH MY CLIENTS, WILL AMEND THE PERMIT TO STANDARD OPERATING PROCEDURES WHICH IS NOT 24/7. THE COMMISSIONERS AGREED TO THAT UNDER AND THEY ISSUED THE PERMIT FOR THAT UNDER THE STIPULATION THAT THE LANDFILL WILL NOT OPERATE 24/7. NOW FAST FORWARD NOW WE'VE GOT WHICH IS CALLED A MAJOR AMENDMENT TO A PERMIT. THEY FILED THIS AMENDMENT TO OPERATE THIS THING 24/7. I'M NOT IN THE INDUSTRY. I DON'T KNOW WHAT THE LANDFILL, BUT BEING NEXT TO THIS LANDFILL, THEY DON'T HAVE THE WASTE TO WARRANT A 24/7 OPERATION. IT'S NOT FAIR TO THE PEOPLE THAT LIVE AROUND THIS THING TO LISTEN TO THIS THING. AND IF YOU'VE NEVER BEEN AROUND IT, JUST COME OVER AND LISTEN TO IT. YOU'LL HAVE THE CLACKS OF BULLDOZERS. YOU'LL HAVE THE BEEP, BEEP, BEEP. YOU'LL HAVE THE NIGHT LIGHTS FROM THE GENERATOR THAT THE OTHER GENTLEMAN HAS SPOKE ABOUT. SO HOPEFULLY, AGAIN, I WOULD LOVE TO SEE A RESOLUTION NEXT COMMISSIONERS COURT OPPOSING THIS. WITH THAT, THEN WE CAN START THE PROCESS BECAUSE AGAIN, THIS IS A MAJOR, MAJOR CHANGE TO A PERMIT. SO IT'S NOT SIMPLE. THEY'LL HAVE TO GO THROUGH THE SAME PROCESS AS THEY DID STARTING THIS THING. SO HOPEFULLY WE CAN GET THAT AGENDA FOR NEXT WEEK AND WE'LL BE OUT HERE AGAIN. AGAIN. THANK YOU, GUYS FOR YOUR TIME. THANK YOU, SIR. ONE THING I JUST LIKE TO A POINT OF ORDER IS THAT BY COMMISSIONERS, HE MEANS THE TCEQ COMMISSIONERS AND NOT THE COUNTY COMMISSIONERS. SO THANK YOU, JUDGE. YES, SIR. BYRON FREDERICK. MY NAME IS BYRON FREDERICK. 2353 FARM TO MARKET 1185 IN LOCKHART. I'M GOING TO SPEAK ABOUT THE SAME THING THAT MR. SUGRUE JUST REQUESTED, AND THAT IS THAT THE COUNTY COMMISSIONERS DO GET OUT AHEAD OF THIS MAJOR PERMIT CHANGE REQUESTED BY THE DUMP S.H. 130 ENVIRONMENTAL PART AND PASS A RESOLUTION THAT THE COUNTY COMMISSIONERS WOULD OPPOSE EXTENSION OF HOURS TO 24/7. NOW, THEN, I HAVE THE WONDERFUL PRIVILEGE OF LIVING RIGHT NEXT DOOR TO THE DUMP. SO I GET TO HEAR ALL DAY, EVERY DAY WHEN THE EQUIPMENT STARTS UP, WHEN IT'S RUNNING. AND WE SAID ALL ALONG IN EPIC ENVIRONMENTAL PROTECTION AND THE INTEREST OF CALDWELL COUNTY, IT SAID THAT THERE IS NOT ENOUGH MUNICIPAL SOLID WASTE IN THIS AREA TO JUSTIFY THE DUMP AND THAT AS A RESULT, THEY WOULD EVENTUALLY COME UP AND REQUEST ADDITIONAL TYPES OF GARBAGE BE ACCEPTED. IN OTHER WORDS, THEY COULD TAKE IN DEBRIS FROM NATURAL DISASTERS. THEY COULD COME IN, TAKE COAL ASH. BE AWARE THAT THAT WILL BE EITHER NEXT PERMIT A MODIFICATION THAT THEY WILL BE TRYING TO TAKE IN ADDITIONAL BUSINESS IN ORDER TO KEEP THEMSELVES AFLOAT. SO BE AWARE THAT THAT WILL ALSO BE COMING DOWN THE ROAD. EPIC HAS FOUGHT THE DUMP SINCE 2013. [00:15:04] WE WERE INVOLVED IN THE CONTESTED CASE HEARING. I WAS PERSONALLY AT THE [INAUDIBLE] JUDGE'S DECISION WHERE THE ISSUE OF THE 24/7 WAS A MAJOR STICKING POINT AND THAT BRENT RYAN WITH GREEN GROUP HOLDINGS AGREED THAT NO WE WILL JUST RUN STANDARD HOURS. BUT NOW HERE THEY ARE BACK AGAIN. WE'VE ALSO FOUND THAT IN THIS AREA WE'VE BEEN TRYING TO FIGHT BAD DEVELOPMENT WITHIN THIS COUNTY. WE WANT OUR COUNTY TO REMAIN A BEAUTIFUL, VIABLE COUNTY FOR WHICH PEOPLE CAN LIVE IN AND BE PROUD OF. AND WHAT WE'RE SEEING AND IT GOES BACK TO SAY THE INITIAL WHEN S.H. 130, THE ROAD WAS FIRST BUILT, WE SAID THAT THIS IS NOT REALLY GOING TO BE A GOOD THING FOR OUR COUNTY. AND IF YOU GO OUT THERE TODAY, DRIVING ON 130, EVEN AFTER NUMEROUS REPAIRS, IS STILL LIKE DRIVING ON A ROLLER COASTER. THE DUMP IS NEVER GOING TO BE ABLE BECAUSE THEY'RE IN THAT SAME TYPE OF LAND FORM. THEY'RE NEVER GOING TO BE ABLE TO CONTROL THE LEACHATE GETTING OUT THROUGH THEIR PLASTIC LINER AND GETTING INTO OUR WATER SUPPLIES. WE FAULT THE DUMP. WE WANTED TO FIGHT THE PIPELINE THAT CAME THROUGH AND WAS NOT GOOD FOR OUR COUNTY, BUT WE HAD NO STANDING IN THAT, SO WE WERE NOT ALLOWED IN. WE DID COME OUT AND OPPOSED TO THE WHEN THE RAILROAD PROPOSED WAS SWITCHED FROM SAN MARCOS TO BRING THEIR FREIGHT THROUGH CALDWELL COUNTY. WE WERE OPPOSED TO THAT. FORTUNATELY THAT WENT AWAY BECAUSE OF DOLLARS AND NOW WE HAVE THE ISSUE OF THIS CAR CRUSHER. WE NEED TO TAKE A VERY HARD LOOK AT WHERE WE WANT OUR COUNTY TO BE. DO WE WANT OUR COUNTY TO LOOK LIKE A DUMP GROUNDS AND A STORAGE THING? AND NEXT COMES THE TOPLESS BARS AND ALL THAT. IS THAT WHAT WE WANT FOR OUR COUNTY? WE NEED TO HAVE THE COMMISSIONERS STAND UP AND MAKE A RESOLUTION TO STOP THIS DEVELOPMENT IN OUR COUNTY. THANK YOU. MATT [INAUDIBLE]. JUDGE HADEN, MEMBERS OF THE COURT I HAVE SIGNED UP TO SPEAK ON ONE OF THE ITEMS THAT WILL BE SUBJECT OF A HEARING LATER ON. I DON'T KNOW IF YOU WANT ME TO SPEAK NOW OR WAIT TILL THE HEARING. WHICH ITEM IS IT? THE FRESH WATER SUPPLY DISTRICT CREATION. YOU CAN WE GOT AN ITEM ON THE AGENDA ITEM. WE'LL HAVE THE HEARING AND THEN YOU CAN SPEAK DURING THE ITEM. THANK YOU. YES, SIR. NETHEL MADRIGAL. GOOD MORNING. GOOD MORNING. THANK YOU FOR ALLOWING ME TO SPEAK. NETHEL MADRIGAL PRECINCT THREE CALDWELL COUNTY. THAT'S A BEAUTIFUL PICTURE UP THERE. BEAUTIFUL. I'VE BEEN ALL MY LIFE IN AUTOMOTIVE, AND I'VE NEVER SEEN A JUNKYARD THAT LOOKS LIKE THAT. NEVER. I'VE BEEN TO MANY. AND LIKE I SAID, JUST BEAUTIFUL. BUT I DON'T THINK IT'S A REPRESENTATION OF WHAT'S ABOUT TO COME. YOU GUYS WERE ELECTED TO BE OUR VOICE, TO PROTECT US, TO GUIDE OUR COUNTY THE RIGHT DIRECTION. BUT, I MEAN, I JUST KIND OF DISAPPOINTED ON THE ACTIONS THAT YOU ALL HAVE TAKEN. FIRST, THE ITEM OF THE DUMP. I MEAN, WE FOUGHT THE DUMP HARD, BUT YOU GUYS DID NOT WANT TO FIGHT. WE'RE ALREADY SEEING THE TRAFFIC. WE'RE ALREADY SEEING THE DAMAGE ON THE ROAD. WE'RE ALREADY SEEING THEM THROUGH MY ROAD COMING THROUGH WITH THEIR TRUCKS, TRYING TO TAKE A SHORTCUT. THAT'S ANOTHER STORY. I'M HERE BECAUSE OF THIS NEW PROJECT. I THINK THAT YOU GUYS NEED TO CONSIDER. I MEAN, I WITH ALL DUE RESPECT, THE PEOPLE THAT OWN THE COMPANY, THEY GOT TO MAKE A LIVING. BUT WE HAVE A COUNTY THAT WE NEED TO PROTECT, SO PLEASE CONSIDER IT. GO LOOK AT JUNKYARDS. GO SEE WHAT'S GOING ON. THERE'S TRANSMISSION FLUID, THERE'S MOTOR OIL, THERE'S ANTIFREEZE, THERE'S POWER STEERING FLUID. AND YOU MEAN TO TELL ME NONE OF THIS IS GOING TO LEAK INTO THE GROUND? IMPOSSIBLE. IMPOSSIBLE. YOU KNOW, THE TRAFFIC IS DEFINITELY GOING TO INCREASE THE TRAFFIC. THESE PEOPLE BEING IN BUSINESS, THEY KNOW WHAT THEY'RE DOING AND IT'S GOING TO CAUSE A LOT MORE TRAFFIC. AND MOST OF ALL, YOU KNOW, I MEAN. LOCKHART WE HAD A VISION. CALDWELL COUNTY WE HAD A VISION. WE WANTED THIS PLACE TO BE ANOTHER FREDERICKSBURG, ANOTHER NEW BRAUNFELS, ANOTHER PLACE WHERE PEOPLE CAN COME AND BRING THEIR FAMILIES AND ENJOY AND LEAVE AND SAY, WHAT A BEAUTIFUL COMMUNITY. WE'VE BEEN WORKING VERY HARD AT IT PEOPLE. I MEAN, I KNOW, I MEAN, WE NEED TO HAVE BUSINESSES. BUT FOR INSTANCE, THE SUBJECT I MEAN, THE DUMP, IT WAS GOING TO BRING A LOT OF JOBS. [00:20:06] EVERY TIME I'VE BEEN OUT THERE TO LOOK, THERE'S TWO OR THREE PEOPLE WORKING AND THEY'RE NOT EVEN FROM LOCKHART COUNTY. I MEAN, IT'S LIKE, LET'S MAKE THE RIGHT DECISION FOR OUR COMMUNITY. I MEAN, AFTER ALL, YOU ALL WERE ELECTED TO REPRESENT US AND PROTECT US AND GUIDE US TO, YOU KNOW, TO THE RIGHT DECISIONS. SO I WOULD APPRECIATE IF YOU PEOPLE WOULD CONSIDER WHAT WE'VE GOT HERE TODAY. ANOTHER THING WAS WHEN YOU ALL PUT IT ON THE AGENDA, YOU DON'T EVEN SAY AN ADDRESS NEAR 183. ANY REASON WHY? I MEAN, IT'S GOT AN ADDRESS ON THERE. THAT PROPERTY HAS AN ADDRESS, BUT IT WAS NOT PUT ON THERE. SO LIKE IT WAS NOTHING. JUST LET'S SLIDE IT THROUGH, YOU KNOW? I MEAN, IT'S THE COMMISSIONER SOLD HIS HOUSE NEXT DOOR TO IT. WHY? HOPEFULLY FOR MONEY, BETTER DECISION FOR HIS FAMILY AND ALL THAT. BUT IT ALSO BRINGS [INAUDIBLE] WHY AND YOU KNOW, I MEAN, IT'S THERE'S A LOT OF BUT'S AND IF'S, BUT PEOPLE YOU GUYS ARE THE ONES THAT CAN MAKE THE DECISION. PLEASE MAKE THE RIGHT DECISION. LET'S TRY TO RELOCATE THEM SOMEWHERE ELSE WHERE WE'RE NOT JUST LIKE ON THE FRONT YARD OF OUR COMMUNITY. I MEAN, USUALLY THE FRONT YARD IS WHAT GETS THE IMAGE OF PEOPLE OF WHAT YOUR HOUSE LOOKS LIKE. DO WE WANT TO DO THAT? YEAH. 15 SECONDS, SIR. THANK YOU FOR YOUR TIME. THANK YOU. THANK YOU FOR YOUR TIME. AND PLEASE MAKE THE RIGHT DECISION. OKAY? THANK YOU. NO MORE CITIZENS COMMENTS. OKAY, WITH THAT, WE ARE GOING. WE DO NOT HAVE A SPECIAL PRESENTATION THIS MORNING. MS. JOHNSON'S HOME BURNED OVER THE WEEKEND, SO SHE WILL NOT BE HERE TO DO HER PRESENTATION. SHE HAS ASKED TO BE RESCHEDULED, WHICH WE WILL RESPECT. SO WITH THAT, WE WILL MOVE TO PUBLIC HEARING. WE'RE GOING TO OPEN THE PUBLIC HEARING AT 9:22 A.M.. PARDON? JUDGE, DO YOU WANT TO START THE CONSENT? DID YOU WANT TO DO THE CONSENT AGENDA? I'VE GOT NO, I'M GOING TO DO THE PUBLIC HEARING FIRST BECAUSE WE'RE ALREADY LATE. YES, YOUR HONOR. OKAY. ALL RIGHT. WE'RE GOING TO GO AHEAD AND START THE PUBLIC HEARING AT 9:22. [PUBLIC HEARING @ 9:15] AND THE FIRST ONE IS FOR APPLICATION TO OPERATE A PROPOSED AUTO RECYCLING AND SALVAGE YARD LOCATED NEAR S.H. 183. AND POTENTIAL OPERATING CONDITIONS. WE'RE OPEN FOR CITIZENS COMMENTS NOW. MY NAME IS GARY JOHNSON. I'M THE OWNER OF YOU PULL IT AUTO PARTS AND I'D LIKE TO GO THROUGH MY PROPOSAL. SO I BELIEVE THAT THAT WOULD BE THE BEST WAY TO ANSWER. SIR, WE'VE GOT AN ITEM AND YOU'LL HAVE AN OPPORTUNITY AT THAT TIME TO DO IT. YOU CAN TALK ABOUT IT DURING THE HEARING, BUT YOU'LL ALSO HAVE AN OPPORTUNITY DURING THE AGENDA ITEM. OKAY. YES, SIR. OKAY. PROBABLY BE BEST FOR YOUR PRESENTATION OKAY. YEAH. MY NAME IS BYRON FREDERICK 2353 FARM TO MARKET 1185 AND I'M HERE TO SPEAK AGAINST THE PROPOSED AUTO RECYCLING AND SALVAGE YARD LOCATED ON OR NEAR 183. FIRST OF ALL, THAT ADDRESS IS VERY VAGUE. I WASN'T EXACTLY SURE WHERE THIS WAS WHEN I READ IT TOOK A LITTLE RESEARCH TO TRY TO FIND OUT. I HAVE HAD SOME DEGREE OF EXPERIENCE WITH THIS TYPE OF FACILITIES. FIRST OF ALL, I THINK WE CAN ALL RELATE TO AUTO JUNKYARDS UP AND DOWN OUR HIGHWAYS. FORTUNATELY, THE FEDERAL GOVERNMENT TOOK STEPS MERE YEARS AGO TO LIMIT AT THAT. BUT IT SOUNDS LIKE TO ME WE'RE GOING TO ALLOW IT RIGHT ON OUR DOORSTEP. EPIC ENVIRONMENTAL PROTECTION AND THE INTERESTS OF CALDWELL COUNTY FOUGHT THESE TYPE OF FACILITIES, BECAUSE WE SAID WEIRDLY, QUOTE, BARBEQUE CAPITAL OF TEXAS AND WE'LL HAVE THE WONDERFUL PRIVILEGE OF HAVING A JUNKYARD ON ONE SIDE OF THE ROAD AND DUMP ON THE OTHER AS PEOPLE COME INTO THE TOWN. AND THAT'S JUST NOT MUCH OF A GOOD ADVERTISEMENT FOR OUR COMMUNITY. BUT WHEN I LIVED IN CORPUS CHRISTI, WE HAD TWO OF THESE FACILITIES WITHIN ABOUT A HALF A MILE OF THE OFFICE WHERE I WORKED. AND EVEN THOUGH THEY SAY THIS IS A STATE OF THE ART FACILITY, THEY'RE STILL NASTY BECAUSE THEY BRING CARS IN ON 18 WHEELERS. THEY BRING THEM IN ON FLATBEDS TO BE CRUSHED DOWN. THEY COVER THEM. BUT GUESS WHAT? THEY'RE STILL NUTS AND BOLTS AND PIECES OF METAL THAT FALL ON THE ROAD AND THEY CAUSE FLAT TIRES. THE LAW SAYS THAT THEY HAVE TO REMOVE GAS TANKS FROM THE BOTTOM OF THESE THINGS BEFORE THEY RUN THROUGH THE CRUSHER. WELL, THEY DON'T ALWAYS GET THEM OUT. AND ALL OF A SUDDEN YOU HAVE AN EXPLOSION WHEN THOSE THINGS ARE COMPRESSED AND YOU CAN [00:25:03] FEEL THAT EXPLOSION, WE WERE ABOUT A HALF A MILE AWAY AND THEY WOULD BE BAD ENOUGH TO WHERE IT WOULD ACTUALLY SHAKE OUR ENTIRE BUILDING. NOW, IS THAT THE KIND OF FACILITY WE WANT FOR ACTUALLY A RESIDENTIAL AREA IN OUR COMMUNITY? AND I SAY, NO, WE DO NOT WANT THIS FACILITY OR ANYTHING RESEMBLING IT. WE WANT THIS COUNTY TO REMAIN BEAUTIFUL, A RESIDENTIAL COMMUNITY, A PLACE WHERE PEOPLE CAN LIVE AND RAISE THEIR CHILDREN AND GO TO WORK AND COME HOME TO A NICE, QUIET ENVIRONMENT. DEFEAT THIS PROPOSAL. IT'S ME AGAIN. AGAIN? GOOD MORNING, JUDGE AND COMMISSIONERS. YEAH, I HAVE A, YOU KNOW, OF COURSE, A PROBLEM WITH THIS PICK AND PULL. FIRST, I THOUGHT THAT WAS A BED AND BREAKFAST, BUT I'VE GOT A PROBLEM WITH THE AGENDA ITEM. I MEAN, THE WAY IT'S WRITTEN, I THINK WE'RE KIND OF IN A GRAY AREA GUYS AND LADIES, IT'S NEAR S.H. 130 OR 183. I'M GOING TO GO AHEAD AND CORRECT THAT RIGHT NOW. AND THE PRESENTATION YOU'RE GOING TO SEE, IT VERY SPECIFICALLY SHOWS EXACTLY WHERE IT IS. AND AT THE TIME THIS ITEM WAS PUT ON, WE DID NOT HAVE AN ADDRESS. WELL, OKAY. BUT WE KNEW WHERE IT WAS GOING. I MEAN, THERE'S A STRUCTURE THERE WITH AN ADDRESS ON IT. AT THE TIME THAT WE GOT THE ITEM, WE DID NOT HAVE AN ADDRESS AND I DIDN'T KNOW WHERE IT WAS GOING. AND I'M THE ONE THAT PUT THE ITEM ON. OKAY. WELL, MY RECOMMENDATION IS WE TABLE THIS AND CORRECT THE AGENDA ITEM BECAUSE THE MAIN THING ABOUT AN AGENDA ITEM IS TO NOTIFY THE PEOPLE. SO I THINK WE NEED TO CORRECT THE AGENDA ITEM SO WE CAN HAVE A PROPER PUBLIC HEARING AND TELL THEM WHERE IT'S AT. WE HAVE TWO CROSS STREETS THAT WE CAN REFERENCE. WE HAVE 1185, WE HAVE SCHUELKE ROAD, WE HAVE THE SIDE OF 183, WHICH IS THE SOUTH SIDE OF 183. WE HAVE A STRUCTURE ON THAT PROPERTY WITH THE UPS ADDRESS. SO MY, RECOMMENDATION IS LET'S GET THIS ON THERE BECAUSE YOU CAN TALK TO PEOPLE AND THEY SAY, WELL, IT'S NEAR S.H. 183, 183 SPLITS THIS COUNTY, WHICH WE'RE ALL AWARE OF. AND THAT'S A LONG ROAD. WHAT'S REALLY, REALLY LONG IS NEAR 183. THAT'S A LOT OF DISTANCE. I MEAN, WE'RE SITTING NEAR 183 RIGHT NOW. SO MY RECOMMENDATION AGAIN IS MAYBE CORRECT IT SO THE PEOPLE KNOW WHERE IT'S COMING SO WE CAN HAVE A PUBLIC HEARING BECAUSE THIS IS GOING TO GO THROUGH THE PROCESS AND I NEVER KNEW ANYTHING ABOUT IT. THE SIGNS JUST POPPED UP. YOU KNOW, THAT'S MY RECOMMENDATION. THANK YOU. YES SIR. COMMISSIONERS FOR COMPLETENESS SAKE, OUR ORDINANCE REQUIRES SEVERAL DIFFERENT VARIATIONS OF NOTICES. AT LEAST TWO SIGNS WERE PLACED ON THE PROPERTY IN ADDITION TO NOTICES WERE MAILED OUT TO ALL NEARBY PROPERTY OWNERS. AND WE HAVE AN AFFIDAVIT AND CERTIFICATION FROM CASEY AT LEAST AFFIRMING THAT THAT THAT WAS DONE. OKAY. THANK YOU. CAN YOU TELL ME HOW FAR OF A BOUNDARY THOSE NOTICES WERE SENT? LIKE, WAS IT A TWO MILE RADIUS? I DON'T KNOW THE BOUNDARY OFF THE TOP OF MY HEAD. THE NOTICE REQUIRES AT LEAST NEIGHBORING PROPERTIES IN ADDITION TO SCHOOLS AND CHURCHES IN THE AREA. BUT AGAIN, THERE WERE TWO SIGNS WERE PLACED AT THE FRONT OF THE PROPERTY THAT WERE FAIRLY LARGE. IF YOU LOOK AT YOUR BACKUP, MY UNDERSTANDING IS THERE ARE PICTURES IN THERE OF THE SIGNS. YES I SAW THOSE. AND YES, COMMISSIONER. THANK YOU. GO AHEAD, SIR. LIKE MR. FRANK SAID. YEAH, THAT LOOKS LIKE A BED AND BREAKFAST. LOOKS VERY NICE. VERY NICE. AND, YOU KNOW, RESPECT TO YOU, SIR. THERE'S ALWAYS, YOU KNOW, I'M NOT SAYING THERE'S STATE OF THE ART. I KNOW THEY KEPT SAYING THEY'RE GOING TO TAKE ALL THE PRECAUTIONARY MEASUREMENTS, PUTS [INAUDIBLE] WHERE THEY CHANGED THE OIL, WHERE THEY DRAINED THE CARS, WHERE THEY DO EVERYTHING. I'VE BEEN IN AUTOMOTIVE ALL MY LIFE, AND YOU CANNOT TOTALLY DRAIN EVERYTHING WITHOUT DRIP, DRIP, DRIP, ALL THAT DRIP IS GOING INTO THE GROUND. ALL THAT GROUND IS CALDWELL COUNTY GROUND. AND IT POLLUTES YOU KNOW, IT POLLUTES THE AREA. AND WHAT DO THEY DO IF THEY POLLUTE THE AREA? TCEQ COMES IN SLAPS THEM IN THE HAND, GIVES THEM A FINE. THEY PAY THEIR $10,000 DOLLARS AND IT'S LET'S SELL MORE CARS. IT'S NOT A PERFECT. WE HAVE A PIPELINE. WE HAVE A JUNKYARD. WE I MEAN, WE'RE NOT PLANNING ON HAVING ONE. WE HAVE THE DUMP. WE'RE THE CAPITAL BARBECUE OF THE WORLD. COME ON. LET'S MAKE SOME RIGHT DECISIONS HERE. YOU KNOW, LET'S MAKE IT A FREDERICKSBURG AND NEW BRAUNFELS, SAN MARCOS, YOU KNOW, A BEAUTIFUL TOURIST AREA THAT WE CAN COLLECT, YOU KNOW, MONEY FROM AND THEN CREATE JOBS AND A HEALTHY, CLEAN ENVIRONMENT. PLEASE CONSIDER IT. GOOD MORNING, EVERYBODY. GOOD MORNING. MY HUSBAND AND I, RAMSEY AL-RASHID, OWNED THE RV PARK THAT'S JUST SOUTH OF [00:30:02] THIS PROPOSED VISION. AND I HAVE TO SAY, WE'RE OPPOSED TO IT. WE'VE PUT A LOT OF MONEY IN TRYING TO BUILD THE PARK UP TO WHAT IT IS NOW. AND THE PEOPLE THAT ARE THERE. I MEAN, IT'S LIKE 75% FULL. AND I JUST FEEL LIKE FOR THOSE PEOPLE, WE'RE TRYING TO BE THE VOICE AND WE ARE CONCERNED WITH STUFF THAT'S LEAKING INTO THE GROUND AND POTENTIALLY CONTAMINATING THAT AREA. I MEAN, THOSE PEOPLE ARE LOOKING TO US TO REALLY PROVIDE A HEALTHY PLACE FOR THEM TO LIVE. YEAH, WE'VE REALLY PUT A LOT OF WORK AND EFFORT INTO CHANGING WHAT THAT PARK WAS WHEN WE FIRST TOOK IT OVER AND WHAT IT IS TODAY. AND IT'S A COMPLETELY DIFFERENT PARK. I MEAN, IF YOU DRIVE THROUGH IT NOW, IT'S FAMILIES THAT ARE OUTSIDE. I MEAN, WE WENT THROUGH IT, YOU KNOW, YESTERDAY EVENING, AND THERE WAS TWO DIFFERENT GROUPS OF NEIGHBORS SITTING TOGETHER, LITTLE KIDS PLAYING WITH HIS T REX IN THE GRASS. AND, YOU KNOW, JUST TO THINK OF WHAT'S GOING TO GO IN NEXT DOOR, IT'S GOING TO FIRST OF ALL, IT'S NO TELLING WHAT KIND OF VERMIN AND EVERYTHING ELSE IT'S GOING TO BE BRINGING YOU KNOW HABITAT TO. AND THEN IT'S NOT GOING TO BE SOMETHING THAT MOST PEOPLE WANT TO LIVE NEXT TO GOING FORWARD. AND SO WHAT I FEEL LIKE WHAT WE'VE TRIED TO BRING THERE IS A COMPLETELY DIFFERENT DEMOGRAPHIC THAN WHAT WAS THERE BEFORE AND I DON'T WANT TO SEE IT BECOME SOMETHING THAT PEOPLE, THE PEOPLE THAT CHOOSE NOW TO LIVE IN THAT AREA ARE GOING TO BE THE SAME PEOPLE THAT WERE, YOU KNOW, SELLING DRUGS, PROSTITUTION AND ALL THE OTHER PROBLEMS THAT WERE THERE BEFORE. BECAUSE NOW NOBODY. RIGHT NOW WE'VE GOT A LOT OF PEOPLE, PEOPLE THAT ARE BUILDING THE TESLA PLANT AND EVERYTHING ELSE THAT ARE COMING IN THERE AND TRYING TO FIND AN AFFORDABLE PLACE TO LIVE THAT IS CLOSE ENOUGH TO AUSTIN AND CLOSE ENOUGH TO GET JOBS. SO, YOU KNOW, HOPEFULLY YOU ALL TAKE THAT INTO CONSIDERATION AND THINK ABOUT THE IMPACT OF EVERYTHING AROUND IT. THANK YOU. MORNING, JUDGE. GOOD MORNING, COMMISSIONERS. MY NAME IS STEVE LEWIS. I'M CITY MANAGER WITH THE CITY OF LOCKHART. MY BUSINESS ADDRESS IS 308 WEST SAN ANTONIO STREET HERE IN LOCKHART. JUST A FEW COMMENTS THAT I WANTED TO PROVIDE THE COMMISSIONERS THIS MORNING. OBVIOUSLY, THIS APPLICATION IS MOVING VERY QUICKLY AND WE'VE HAD LIMITED TIME TO REVIEW THE APPLICATION, BUT JUST WANTED TO OFFER A FEW REMARKS ON BEHALF OF THE CITY. ONE, THE LEGISLATURE HAS PROVIDED THE COUNTIES WITH CERTAIN POWERS TO PRESERVE THE VISUAL APPEAL OF UNINCORPORATED AREAS WITHIN THE COUNTY. CONSEQUENTLY, WE REQUEST THAT THE COUNTY USE EVERY REGULATORY OPTION ON YOUR TOOL BELT, AS PROVIDED IN CHAPTER 396 OF THE TRANSPORTATION CODE AS YOU'RE REVIEWING THIS APPLICATION. FURTHER, WE WOULD REQUEST THAT COUNCIL OR EXCUSE ME THAT THE COUNTY ESTABLISH VISUAL AESTHETIC STANDARDS UNDER THE LOCAL GOVERNMENT CODE SECTIONS 234.002 IF YOU HAVEN'T ALREADY DONE SO. AND THEN WANT TO COMMENT, MAYOR WHITE WOULD'VE LIKE TO HAVE BEEN HERE THIS MORNING BUT COULD NOT ATTEND. HE ASKED ME TO CONVEY TO THE COURT THAT IF THIS APPLICATION MOVES FORWARD, IF HE WAS HERE, HE WOULD ASK YOU TO CONSIDER REQUIRING THE APPLICANT TO INSTALL A FENCE AROUND THE ENTIRE PROPERTY TO THE MAXIMUM HEIGHT THAT WOULD BE ALLOWED BY LAW. AND THEN FINALLY, WE WOULD REQUEST THAT THE COURT GIVE SPECIAL ATTENTION TO THE HEALTH, THE SAFETY AND THE ENVIRONMENTAL AND WATER QUALITY ASPECTS OF THIS APPLICATION. AND THEN ALSO TO DO SOME ADDITIONAL DILIGENCE IF IT HAS NOT BEEN DONE TO IDENTIFY ANY GAPS BETWEEN STATE REQUIREMENTS AND US EPA REGULATIONS THAT SHOULD BE CONSIDERED. WHAT WE'RE LOOKING FOR THERE ARE THERE ANY GAPS BETWEEN THE EPA REGS AND THE STATE REGS AND THEN HOW MIGHT THOSE BE ADDRESSED BY THE APPLICANT? SO THANK YOU, COMMISSIONERS, FOR THIS OPPORTUNITY AND APPRECIATE Y'ALL'S WILLINGNESS TO TAKE ADDITIONAL INPUT FROM US. THANK YOU. THANK YOU. GOOD MORNING. ANNA [INAUDIBLE] IBARRA 3413 FM 1185. THERE HAS GOT TO BE A BETTER WAY TO BRING ECONOMY INTO THIS COMMUNITY WITHOUT PULLING THE LOCKHART YOU PULL IT. WE'VE ALREADY HAD TO ENDURE THE LANDFILL, WHICH, BY THE WAY, IF Y'ALL HAVE NOT BEEN OUT [00:35:03] THERE, YOU REALLY MUST TAKE THE DRIVE. IT'S ONE OF THE PRETTIEST PIECES OF PROPERTY ON THE COUNTY, PROBABLY. AND NOW WE'RE GOING TO TAKE SOME MORE PRISTINE LAND REGARDLESS AND PUT AUTOS AND BIKES ON THERE THAT ARE DEFINITELY GOING TO SPILL OUT, NO MATTER WHAT YOU DO, THEY'RE GOING TO SPELL OUT SOME RESIDUAL FUELS AND SOLVENTS. I WILL SAY THAT THIS IS ONE OF THOSE THINGS THAT IT'S GOING TO BE HERE SHOULD Y'ALL SADLY APPROVE IT. IT'S GOING TO BE HERE WAY AFTER YOU GUYS ARE OFF THIS BENCH. AND IT'S SOMETHING THAT THE GENERAL POPULACE, I'M ONE OF THEM, PROBABLY IS NOT INTERESTED IN HAVING, NO MATTER WHERE YOU PUT IT IN THE COUNTY. SO PLEASE CONSIDER THE FACT THAT THIS PROJECT IS NOT THE BEST WAY TO OPTIMIZE EXCUSE ME BRINGING THE ECONOMY INTO THE COMMUNITY, THE WHOLE COUNTY. SO I DEFINITELY AM OPPOSED TO IT AND WOULD HOPE THAT Y'ALL SUPPORT THE VOICES THAT COME UP HERE AND SPEAK TO YOU TO LET YOU KNOW THAT THIS IS NOT THE WAY THAT WE WANT THE COMMUNITY TO GO. THANK YOU. MORNING, Y'ALL. CHUCK YUNKIN I WASN'T REALLY GOING TO PLAN ON SPEAKING THIS MORNING, BUT I'VE KIND OF FEEL COMPELLED TO DO SO AS I'M LISTENING TO THIS OVER SOME CONCERNS. LET ME STATE THAT I AGREE WITH ALL THE PREVIOUS PEOPLE AND THEIR CONCERNS AND WHAT THEY'VE SAID. BUT AS A PERSON WHO TRIES TO ATTEND A LOT OF THESE COMMISSIONERS COURTS MEETINGS, IT OCCURS TO ME AND I WAS CONCERNED SEVERAL MEETINGS AGO, YOU ALL WENT AND APPROVED A PUBLIC INFORMATION DOCTOR, ESSENTIALLY A SPIN DOCTOR. THAT KIND OF HAS ME. IT'S A NEW POSITION. WE'RE EXPANDING GOVERNMENT. SORRY, THIS HEARING IS FOR THE. I UNDERSTAND THIS DOVETAILS. IF WE'RE GOING SOMEWHERE, THAT'S FINE. BUT WE'RE NOT HERE TO HAVE A HEARING ON A PUBLIC INFORMATION OFFICER. IT WOULD APPEAR TO ME YOU'RE GETTING READY TO NEED TO INSULATE YOURSELVES FROM THE VOTING CONSTITUENTS. THANK YOU. ANY OTHER SPEAKERS. IF NOT, WE WILL CLOSE THIS PUBLIC HEARING AT 9:37 AND OPEN PUBLIC HEARING PETITION FOR [PUBLIC HEARING @ 9:25] CREATION OF FRESH WATER SUPPLY DISTRICT AT 9:37. WE'LL GIVE A COUPLE MORE MINUTES IN CASE SOMEBODY ARRIVES. [00:40:01] OKAY SEEING NO CITIZENS WISHING TO SPEAK ON THIS ITEM. WE WILL GO AHEAD AND CLOSE THIS PUBLIC HEARING AT 9:40 AND RESUME WITH COMMISSIONERS COURT AND WE'RE GOING TO BACK UP TO CONSENT. [CONSENT AGENDA] COMMISSIONERS ARE THERE ANY QUESTIONS ON CONSENT? IF NOT, I'D LOOK FOR A MOTION TO APPROVE CONSENT AGENDA. I'LL MAKE A MOTION WE APPROVE CONSENT AGENDA. 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. I'M GOING TO GO AHEAD AND GO TO ITEM 8 RIGHT QUICK. [8. Discussion/Action regarding the burn ban. Speaker: Judge Haden/ Hector Rangel; Backup: 3; Cost: None.] BURN BAN. HECTOR. GOOD MORNING, JUDGE, COMMISSIONERS, STAFF AND GALLERY. WANT TO GIVE YOU A BRIEF UPDATE ON OUR FIRE STATUS WITHIN THE COUNTY. SINCE THE LAST COMMISSIONERS COURT, WE'VE HAD SEVERAL BIG FIRES, TWO STRUCTURE FIRES AND THEN SOME FIRES OUT IN THE COUNTY THAT REQUIRED US TO ACTIVATE THE TEXAS FOREST SERVICE, BOTH WITH HELICOPTERS AND DOZERS. RIGHT NOW, OUR FIRE DANGER HERE IN CALDWELL COUNTY IS CRITICAL, AND THESE ARE THE NUMBERS. KBDI NUMBERS OF THE MINIMUM IS 194, MAXIMUM 422, AVERAGE 292 WITH A CHANGE OF 9. OUR HAINES INDEX, IT'S AT THE MAX 6. AS PER THE NATIONAL WEATHER SERVICE THIS MORNING ZERO 7 O'CLOCK. THE WEATHER CRITICAL FIRE DANGER IS CRITICAL TODAY, BUT IT WILL BE EXTREMELY CRITICAL TOMORROW. WINDS ARE GOING TO BE BETWEEN 10 AND 13 MILES PER HOUR, GUSTING TO 22 MILES PER HOUR. HUMIDITY TODAY FROM 3:00 P.M. TO 6 P.M.. IT'S GOING TO BE 52 TO ABOUT 56. BUT TOMORROW IT'S GOING TO BE IN THE TEENS. SO I WOULD RECOMMEND THAT WE KEEP THE FIRE, THE BURN BAN ON FOR ANOTHER TWO WEEKS AND MAYBE WE'LL GET SOME OF THIS RAIN THEY'RE PREDICTING. BUT THE WEATHER SERVICE SAID THAT FOR TONIGHT, WE MIGHT NOT GET ANYTHING. WE'LL GET MIGHT GET A SMALL SHOWER, BUT I RECOMMEND WE KEEP THE BURN BAN ON FOR ANOTHER TWO WEEKS. OKAY. THANK YOU, HECTOR. I'LL MAKE THE MOTION. LEAVE THE BURN BAN ON TWO WEEKS. OKAY. WE HAVE MOTION TO LEAVE THE BURN BAN ON. DO WE HAVE A SECOND? SECOND? WE HAVE A MOTION AN A SECOND. ALL IN FAVOR SAY AYE. AYE. OPPOSED HEARING NONE. MOTION CARRIES. THANK YOU, HECTOR. YOU GOING TO DO THE FIREWORK. PARDON. THE FIREWORKS ONE. ARE YOU GOING TO WAIT FOR THAT ONE? WE'VE GOT. I THINK WE'VE GOT AN ITEM FOR FIREWORKS. YEAH. YES. IT'S THE NEXT ONE. YEAH. WE'LL GO AHEAD. OH, SORRY. YEP, SORRY ABOUT THAT. I THOUGHT IT WAS FURTHER DOWN. DISCUSSION ACTION ITEM 9 DISCUSSION ACTION TO CONSIDER APPROVAL OF ORDER AUTHORIZING FIREWORK SALES FOR SAN JACINTO DAY. SO WE HAVE ANOTHER STATE HOLIDAY WHICH FIREWORKS ARE ALLOWED TO BE SOLD AND ALLOWED TO BE USED. BUT I WANT TO PROHIBIT THE USE OF BOTTLE ROCKETS AND ROCKETS OF ANY TYPE OF FIREWORK MATERIAL THAT HAS A STICK OR A FIN OR A CARDBOARD FUSELAGE. SO I'D LIKE TO BAN THE SALE AND PROHIBIT THE USE OF THOSE ITEMS FOR SAN JACINTO DAY. OK. COMMISSIONERS. JUDGE JUST WON'T COMMENT ON THAT. SO THE ORDER DOES BAN STICK AND FIN ROCKETS, BUT ALSO IT DOES HAVE THE CONDITION THAT IF THE BURN BAN IS IN PLACE, THEN THERE WOULD BE NO FIREWORK SALES. WITH THE MOST RECENT ORDER FROM THE COURT KEEPING THE BURN BAN ON, THERE MAY BE NO NEED TO ENACT THIS ORDER. OK. SO YOUR RECOMMENDATION IS THAT WITH THE BURN BAN, WE DO NOT ENACT THIS ORDER? YES, JUDGE. OKAY. ALL RIGHT. I'LL AGREE. OKAY. COMMISSIONERS, LOOK FOR A MOTION TO TABLE ITEM 9. I SO MOVE. WE HAVE A MOTION DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION AN A SECOND. ALL IN FAVOR SAY, AYE. AYE. OPPOSED HEARING NONE. MOTION CARRIES. ALL RIGHT. I'M GOING TO MOVE TO ITEM SIX. [6. Discussion of an application to operate a proposed auto recycle and salvage yard located near SH-183. and potential operating condition. Speaker: Judge I laden/ Tracy Bratton/ Monica Bradshaw; Backup: 55; Cost: None] DISCUSSION OF APPLICATION TO OPERATE A PROPOSED AUTO RECYCLING SALVAGE YARD LOCATED NEAR S.H. 183. AND POTENTIAL OPERATING CONDITIONS. JUST WANT TO POINT OUT THIS IS DISCUSSION ON THE ITEM. WE'LL BE TAKING NO ACTION TODAY. ALL RIGHT, COMMISSIONERS. GO AHEAD, SIR. SORRY. MY NAME IS GARY JOHNSON. I'M THE OWNER OF YOU PULL IT AUTO PARTS. AND I'VE BEEN BUILDING THESE YARDS SINCE 92. THIS ONE WOULD BE MY 10TH YARD TO BUILD. AND WE HAVE A LOT OF EXPERIENCE WITH THIS. AND I WANT TO LET YOU KNOW THAT THIS PICTURE HERE, I KNOW THIS IS THE TYPICAL YARD THAT EVERYBODY IS USED TO SEEING, AND THAT'S WHAT GIVES US A BAD NAME. AND SO I UNDERSTAND THE CONCERNS THAT PEOPLE HAVE WHEN THEY HEAR THAT ONE OF THESE TYPE BUSINESSES MIGHT BE COMING INTO THEIR AREA. [00:45:03] BUT I WANT TO GO THROUGH MY PRESENTATION AND HELP EVERYONE UNDERSTAND THAT THIS IS NOT WHAT WE'RE BUILDING. AND IT WON'T BE THAT WAY NOW, AND IT WON'T BE THAT WAY EVER. AND WE'RE PLANNING ON. OKAY. THANK YOU. SO ANYWAY, I KNOW THAT THIS IS WHAT PEOPLE ARE USED TO SEEING THIS TYPE OF YARD HERE, BUT THAT'S NOT WHAT WE'RE BUILDING. AND THIS IS OUR YARD UP IN ROGERS, ARKANSAS. THAT AND THAT PICTURE THERE, THAT YARD IS ABOUT TEN YEARS OLD. AND THAT'S HOW WE KEEP OUR YARDS. THAT'S WHAT THEY LOOK LIKE WHEN WE BUILD THEM. THAT'S WHAT THEY LOOK LIKE LATER ON. AND WE BUILD A STATE OF THE ART FACILITY. I'M GOING TO BE SPENDING AROUND 4 TO $6 MILLION DOLLARS ON THIS PROJECT TO BUILD THIS YARD. AND WHAT WE DO, WE ARE ENVIRONMENTALLY FRIENDLY. WE TAKE CARE OF THESE CARS, WE DRAIN ALL THE FLUIDS, AND THEY ARE ALL DISPOSED OF BY A LICENSED RECYCLER. THEY PICK UP ALL THE FLUIDS THAT ARE DRAINED OUT OF THE CARS AND WE PULL ALL THE BATTERIES, THE GAS TANKS, THE CATALYTIC CONVERTERS, ALL THESE THINGS ARE ALL PULLED AND DISPOSED OF IN THE PROPER WAY THAT THEY'RE SUPPOSED TO BE. AND WE DO HAVE ENVIRONMENTAL INSPECTIONS THAT ARE DONE EVERY QUARTER. ENVIRONMENTALISTS COME IN, THEY CHECK OUR YARD, THEY TAKE WATER SAMPLES TO BE SURE THAT ALL THE CONTAMINANTS OR ANYTHING THAT MIGHT FILTER INTO THE GROUND ARE BEING PROCESSED PROPERLY AND THAT THEY DO NOT EXCEED ANY OF THE LIMITS THAT ARE ACCEPTABLE BY THE STATE. WE DO NOT HAVE A SHREDDER ON SITE, SO THERE WILL NOT BE ANY GAS TANK EXPLOSIONS BECAUSE WE DON'T DO THAT PROCESS THERE. THIS IS ALSO THE FRONT OF OUR YARD IN ROGERS, ARKANSAS. AND WHAT WE DO IS WE BUY ABOUT 1200 TO 1400 CARS EVERY QUARTER. AND WE'RE RECYCLING THESE CARS. AND WHAT WE DO IS SELL PARTS OFF OF THEM FOR A FEW MONTHS. AND THEN AS NEW CARS COME IN, WE PULL THE OLD CARS, WE RECYCLE THE BODY AND THE COPPER, ALUMINUM, THINGS LIKE THAT. WE SELL THOSE PRODUCTS. AND THEN THE CAR IT'S CRUSHED AND IT'S HAULED AWAY TO ANOTHER LOCATION WHERE THEY HAVE THIS SHREDDER THAT ACTUALLY SHREDS THE CARS. AND THIS IS OUR DRAIN FACILITY WHERE WE ACTUALLY DRAIN ALL THE FLUIDS OUT OF THE CARS. AND WE HAVE HOLDING TANKS THAT HOLD ALL THE FLUIDS UNTIL THE FLUID RECYCLER COMES AND PICKS IT UP AND HAULS THOSE MATERIALS AWAY. ALSO, OUR OPERATING HOURS ARE 8 TO 5, SO WE DON'T HAVE ANYTHING GOING ON AT NIGHT OR AFTER HOURS OR ANYTHING LIKE THAT. AND WHAT WE DO IS WE PICK UP CARS FROM THE COMMUNITY. SO WE HAVE OUR OWN TOW TRUCKS, AS YOU SEE IN THE PICTURE THERE. AND WE DO A LOT OF ADVERTISING ON TV AND RADIO. AND IF SOMEBODY HAS A BROKEN DOWN CAR IN THEIR YARD, INSTEAD OF THAT CAR JUST SITTING THERE IN THEIR YARD AND BEING A SAFETY HAZARD AND AN ENVIRONMENTAL HAZARD, THEN WHAT WE DO IS WE BUY THOSE CARS. SO WE GO TO THESE DIFFERENT AREAS. WHEREVER SOMEBODY HAS A CAR THEY WANT TO SELL, WE GO OUT, PICK UP THE CAR, WE PAY THEM FOR IT AND WE HAUL IT WITH OUR TRUCK, BRING IT TO OUR FACILITY. AND THAT WAY IT'S RECYCLED PROPERLY. SO WE'RE ONE OF THOSE BUSINESSES THAT A LOT OF PEOPLE DON'T LIKE, NO DIFFERENT THAN LIKE A LANDFILL. NOBODY LIKES THE LANDFILL. BUT THE ALTERNATIVE OF NOT HAVING A LANDFILL IS HAVE ALL THE TRASH IN YOUR YARD OR SOMEWHERE LIKE SOMEWHERE THAT'S NOT NOT HANDLED PROPERLY. WELL, THIS IS NO DIFFERENT. YOU KNOW, IF YOU DON'T HAVE ANY WAY TO RECYCLE THESE CARS, YOU GO BACK TO THE OLD GRANDFATHERED IN YARDS LIKE I SHOWED YOU THE PICTURE AT THE BEGINNING. THAT'S THE ALTERNATIVE. SO THESE CARS HAVE TO GO SOMEWHERE AND THEY HAVE TO BE RECYCLED OR THEY ARE GOING TO BE SITTING IN PEOPLE'S FRONT YARDS. SO THAT'S THE PURPOSE OF THIS BUSINESS, NOT ONLY THAT, BUT ALSO TO SELL THE GOOD, USABLE PARTS TO CUSTOMERS THAT COME IN AND WE SELL THEM AT A MUCH LOWER RATE THAN WHAT THEY WOULD PAY FOR NEW PARTS. AS WE ALL KNOW, NEW CAR PARTS ARE VERY EXPENSIVE AND OUR PARTS ARE 20, 30% OF COST OF [00:50:01] WHAT THE NEW PARTS ARE. SO IT'S A BUSINESS THAT'S NEEDED BY A LOT OF A LOT OF PEOPLE. THAT'S THE VIEW OF OUR YARD IN ROGERS. THIS ONE HERE FROM AN AERIAL VIEW WOULD LOOK SOMETHING LIKE THAT REAL SIMILAR. AND I WANT TO LET YOU KNOW THAT FROM THE HIGHWAY FROM 130 OR 183 IT WILL HAVE AN EIGHT FOOT FENCE ALL THE WAY AROUND THE FULL PERIMETER. THAT'S A SOLID FENCE AS YOU SEE THERE. SO IT IS FULLY SCREENED FROM ANY VIEW OF THE CARS FROM THE YARD. ALL YOU WOULD SEE FROM THE HIGHWAY IS GOING TO BE THE PARKING LOT AND THE FRONT BUILDING, THE LANDSCAPING, THINGS LIKE THAT. BUT NO CARS THAT ARE BEING DISMANTLED. AND WE DO PAY A SUBSTANTIAL AMOUNT OF TAXES AND INCOME THAT WOULD BE COMING TO THE CALDWELL COUNTY AREA. AND THESE ARE A COUPLE OF MAPS SHOWING WHERE WE'RE LOCATED. AND SO ANYWAY, THAT'S MY PRESENTATION. BUT I HOPE THAT YOU WILL CONSIDER THIS. IT IS A BUSINESS THAT I BELIEVE IS NEEDED IN THIS AREA. AND IT'S A VERY WELL NEEDED ALTERNATIVE WAY OF HANDLING THESE CARS TO GET AWAY FROM WHAT YOU'VE SEEN IN THE PAST. AND SO I HOPE THAT YOU'LL UNDERSTAND AND WORK WITH ME ON THIS. OKAY. THANK YOU, COMMISSIONERS. COMMISSIONERS ONE THING TO ADD. JUST FOR CLARITY SAKE, THIS APPLICATION WAS SUBMITTED AS AN AUTO SALVAGE YARD ONLY, NOT AS A JUNKYARD. THOSE TWO ARE LEGALLY DISTINCT FOR PURPOSES OF OUR ORDINANCE. A JUNKYARD WOULD ALLOW FOR ADDITIONAL INDEPENDENT ITEMS TO BE SOLD. FOR EXAMPLE, YOU COULD TAKE, FOR EXAMPLE, THEY ACCEPT THE [INAUDIBLE] THEY ACCEPT WHOLE CARS AND ONLY WHOLE CARS, WHICH WOULD BE THE AUTO SALVAGE PART, AS OPPOSED TO SOMEBODY BRINGING IN LIKE THE BUMPER OR JUST THE ENGINE. IT'S NOT ALLOWED TO BE PIECEMEALED THAT WAY. SO THAT'S JUST SOMETHING FOR YOU GUYS TO CONSIDER ALSO. AND IF YOU CAN ALSO PUT RESTRICTIONS ON THE PROPERTY, THAT WOULD INCLUDE THEM NOT TO OPERATE AS A JUNKYARD AND ONLY AS AN AUTO SALVAGE YARD UNTIL THEY APPLY AND ARE APPROVED AS A JUNKYARD. IF YOU CHOSE TO DO THAT ALSO. OKAY, I'LL START. SO HOW MANY EMPLOYEES DO YOU PLAN ON HAVING IN THIS FACILITY? WE NORMALLY HAVE AROUND 20 TO 22 EMPLOYEES FULL TIME. OKAY. SO IN, THE PRESENTATION WE GOT IN OUR PACKET, THERE IS A LEGAL DESCRIPTION FOR THE 9 ACRE TRACT AND THE 14 ACRE TRACT I THINK IT IS WHATEVER THE OTHER TRACT, BUT THERE'S NO LEGAL DESCRIPTION AS TO THE FIVE ACRE TRACK. THERE'S ONLY A MENTION OF WHERE IT IS IN ANOTHER DOCUMENT. WE HAVE TWO TRACTS THERE, ONE'S NINE ACRES. THE OTHER ONE ADJOINING TO THE NORTH IS TEN ACRES. OK THAT'S RIGHT. AND THEN THERE'S A FIVE ACRE TRACK? NO. NO I THINK THERE'S ONE OF THE LOTS THAT'S SPLIT I MEAN, IT'S, JUST TWO DIFFERENT PLOTS. NO, BUT I CAN GET YOU WHATEVER YOU NEED ON THAT. I CAN SUPPLY THAT INFORMATION. BUT THE TOTAL ACREAGE IS 19 ACRES FOR THE TWO COMBINED. THE TWO PARCELS. OKAY. SO THE TOTAL IS 19 ACRES. AND ONE OTHER THING. WE WON'T BE USING THE FULL, 19 ACRES TOWARDS THE BACK OF THE YARD. THERE WILL BE ABOUT 400 FEET THAT WE'RE NOT USING FOR THE YARD. AND SO ANYBODY THAT'S LIKE BEHIND US, YOU KNOW, WE'RE NOT GOING TO BE ADJOINING THEIR PROPERTY. WE'RE ACTUALLY GOING TO BE A 400 FOOT BUFFER BACK THERE THAT WE'RE LEAVING. YOU'RE JUST GOING TO MAINTAIN THAT AS? WELL WE MIGHT USE IT. IT WON'T BE FOR THE AUTO PARTS SALVAGE. LATER ON WE MIGHT USE IT FOR MINI STORAGE OFFICE WAREHOUSE BUILDINGS, SOMETHING LIKE THAT. BUT THAT WOULD BE PHASE 2 IN, YOU KNOW, AT A LATER TIME. BUT IT WILL NOT BE AUTO SALVAGE THAT BACK 400 FEET. COMMISSIONER, I BELIEVE YOU ASKED THE QUESTION HOW FAR, WHAT THE RADIUS WAS AND WHO WAS NOTIFIED. AND I JUST. IT'S ON PAGE FOUR HERE ON THIS PART. I KNOW THERE WAS NAMES THERE, BUT THOSE I'M JUST WONDERING, I SPOKE WITH THE GENTLEMAN TODAY, THIS MORNING, AND HE LIVES ON 1185, JUST RIGHT OFF OF 183 ACCESS AND HE [00:55:03] HAD NO IDEA. AND I KNOW YOUR SIGNS ARE THERE. I KNOW YOUR SIGNS HAVE BEEN UP. AND I TOLD HIM THEY'VE BEEN THERE AND HE'S LIKE, WOW, WELCOME TO OUR WORLD OUT THERE. AND SO I WANTED TO KNOW WHAT THAT RADIUS WAS THAT THEY SENT THOSE NOTICES OUT TO THE PROPERTY OWNERS THAT THIS SURROUNDS. AND HE'S NOT ONE OF THOSE. AND HE'S VERY, VERY CLOSE TO 183, SO THAT I KNOW YOU SENT IT TO THE ENVIRONMENTAL PARK. HE LIVES JUST ACROSS FROM THE ENVIRONMENTAL PARK ON THE OTHER SIDE OF 1185. THE NOTICES WERE SENT TO A 1000 FOOT RADIUS FROM ANY PROPERTY LINE OF THE PROPERTY. OKAY. OKAY. THAT WAS THE ANSWER TO MY QUESTION. I FOUND [INAUDIBLE]. DID YOU HAVE ANY OTHER QUESTIONS? WELL, I SHARE THE SAME CONCERNS AS THE OTHER FOLKS ABOUT THE JUNKYARD. I HAVE ONE IN MY PRECINCT THAT HAS SOME REAL ISSUES, BUT IT'S NOT LAID OUT LIKE YOU HAVE IN YOUR PICTURES. AND I APPRECIATE THE AERIAL VIEWS AND SEEING WHAT IT LOOKS LIKE AND THAT YOU HAVE THE EIGHT FOOT FENCE THAT GOES AROUND THE PERIMETER OF THIS. SO BUT I DO SHARE THE SAME VIEWS AS THEY DO. OKAY. OKAY. COMMISSIONERS. JUDGE. CAN I GO AHEAD? SURE. GARY. THE PICTURES THAT YOU PROVIDED ON YOUR PRESENTATION, DO THOSE ACCURATELY REPRESENT WHAT THE FACILITY WILL LOOK LIKE FROM THE FRONT THE OFFICE AREAS? THAT'S AN ACCURATE REPRESENTATION OF THE FACILITY? YES. YES, IT IS. AS YOU DID SEE THAT OUR YARD IN ROGERS, ARKANSAS, AS YOU COULD SEE, THAT WAS A VERY SIMILAR LOOK OF WHAT I HAVE PROPOSED FOR THE YARD HERE. AND THAT IS EXACTLY NOT EXACTLY BECAUSE THOSE ARE PRELIMINARY PLANS. BUT WE'LL HAVE THE LANDSCAPING, THE TREES, THE PAVED PARKING LOT, THE EIGHT FOOT SOLID PANEL FENCE AS YOU SEE, EVERYTHING WOULD BE LIKE YOU SEE IN THE PICTURES. AND CHASE, WE HAVE 60 DAYS TO CONSIDER THIS APPLICATION AS I UNDERSTAND IT. YES, COMMISSIONER. OKAY. DURING THIS, WE'RE NOT SET UP FOR ACTION TODAY, BUT SO DURING THIS PERIOD, THAT WE'RE GOING TO BE CONSIDERING THIS APPLICATION, I'D LIKE YOU TO CONSIDER AND COME BACK TO US WITH A PROPOSAL FOR WATER QUALITY BMP'S ON THE PROPERTY AND WITH ENOUGH INFORMATION SO THAT WE KNOW OUR ENGINEERS CAN TELL WHAT REMOVAL OF SUSPENDED SOLIDS AND CONTAMINANTS WOULD BE ACCOMPLISHED BY THOSE WATER QUALITY BMP'S. SO IF YOU COULD COME BACK TO US WITH THAT INFORMATION AS PART OF IT AND. YES, SIR, I'D BE GLAD TO. TO TAG ON TO THAT. SO YOU'LL BE REQUIRED TO APPLY FOR AN INDUSTRIAL STORMWATER PERMIT, THAT PERMIT DOES ALLOW FOR DISCHARGE. AND SO I WOULD LOVE TO SEE SOME SORT OF DETENTION FACILITY WHERE YOU KNOW, THAT WOULD TRAP THAT DISCHARGE. IT COULD THEN BE TESTED AND TO SEE IF IT MEETS THE STANDARDS IN TXRO 5OOO OR NOT BEFORE IT LEAVES THE SITE, BECAUSE THAT STORMWATER PERMIT ALLOWS FOR YOU TO SAMPLE THE EFFLUENT AS IT'S COMING OFF OF YOUR SITE. AND SO THAT IF YOU FIND A PROBLEM WITH THAT, IT'S ALREADY LEFT THE WAY THAT REGULATION SET UP, I'M VERY FAMILIAR WITH THAT REGULATION. SO I WOULD LIKE TO SEE A WAY TO KEEP THAT WATER ONSITE, HAVE IT TESTED ONSITE, BECAUSE THAT REGULATION I'VE WORKED IN THAT INDUSTRY A LONG TIME AND WHEN YOU'RE SAMPLING THE DISCHARGE, IF YOU FIND A PROBLEM, IT'S TOO LATE. SO, YES, SIR, I UNDERSTAND. I'LL BE GLAD TO GET ANY INFORMATION LIKE THAT THAT YOU WOULD REQUEST. YOU SAID THE. GO AHEAD THE DRAWINGS THAT YOU'VE PRESENTED INDICATE A WHITE COLOR THAT'S GOING TO REALLY STAND OUT, OUT THERE. I KNOW THERE'S A GAME RANCH ADJACENT TO YOUR PROPERTY WHERE THE VIEWS FROM THAT AREA ARE GOING TO BE PRETTY SENSITIVE. THERE'S ALSO SOME HOMES NEAR YOU. AND I'D LIKE YOU TO COME BACK AND PROVIDE US SOME RESPONSE TO A CONCERN ON THAT AS TO A REVISED COLOR OF THAT MATERIAL OR LANDSCAPING ALONG THOSE OUTER BOUNDARIES. [01:00:06] I WOULD ASSUME THAT IF YOU'RE PUTTING AN EIGHT FOOT FENCE, IT'S NOT GOING TO BE RIGHT ON THE PROPERTY LINE. OTHERWISE YOU COULDN'T MAINTAIN IT WITHOUT BEING ON SOMEBODY ELSE'S PROPERTY. SO ARE YOU GOING TO BE SET BACK? YES, WE'LL HAVE A CERTAIN SETBACK BECAUSE I AGREE WITH THAT. WE WANT TO HAVE ROOM TO HAVE ACCESS AROUND THE FENCE TO MAINTAIN. THAT'S SOMETHING I ALWAYS DO. ALL RIGHT. AND THEN I NOTICED USED CAR SALES SIGN ON YOUR ARKANSAS FACILITY. IS THAT SOMETHING YOU'RE GOING TO DO FROM THIS FACILITY ALSO? YES, BUT WE WON'T HAVE CARS WHERE THEY'RE WE WON'T HAVE ANY SALVAGED CARS. THESE ARE CARS THAT RUN AND DRIVE PEOPLE BY THEM AND THEY DRIVE THEM. SO IT'S NOT, WRECKED OR SALVAGED CARS. AND ARE THOSE CARS WITHIN THE FENCED AREA, OR ARE THEY OUT FRONT WHERE PEOPLE CAN SEE THEM? THEY'RE WITHIN THE FENCED AREA? HOW DO PEOPLE KNOW ABOUT THOSE CARS THAT ARE AVAILABLE? THE CUSTOMERS COME IN THE YARD AND AS THEY GO OUT ONTO THE YARD THAT WE HAVE THEM PARKED ON THE SIDE AND THEY'LL SEE THEM THERE. OKAY. SO THE PROCEDURES, IF I'M NEEDING A CARBURETOR OFF OF OFF OF A VEHICLE, DO I TALK TO YOU GUYS IN THE FRONT OFFICE AND THEN Y'ALL GO PULL IT AND BRING IT BACK UP? OR DO I GO BACK THERE AND PULL IT? YES, THAT'S A GOOD QUESTION. WHAT WE'RE A SELF SERVICE YARD AND SO THE CUSTOMERS COME IN AND THEY ACTUALLY SIGN A RELEASE. IT'S A JUST A WAIVER. IT'S IN ANY PLACE LIKE THAT. BUT THEY SIGN A WAIVER AND IT'S A DOLLAR ADMISSION. THEY PAY THE DOLLAR ADMISSION TO GO ON TO THE YARD. THAT WAY WE MAKE SURE WE RE NOT HAVING PEOPLE THAT ARE JUST GOING OUT TO JUST WANDER THE YARD AND, YOU KNOW, DAMAGE CARS OR WHATEVER. IT KIND OF CONTROLS THAT. BUT THEY GO OUT THERE AND THEY TAKE THEIR TOOLS WITH THEM, THEY PULL WHATEVER PART THEY WANT, AND THEN THEY BRING IT BACK INSIDE. AND THAT'S WHERE THEY PAY FOR THE PART ON THE WAY OUT. OKAY. AND THEN YOU SAID NO SHREDDING ON THE SITE, BUT YOU DID, I THINK MENTIONED THAT THERE IS CRUSHING ON THE SITE. YES. HOW DOES THAT OCCUR AND WHAT IS IT INDOORS OR HOW DOES THAT WORK? SO IT'LL BE UNDER WHAT WE NORMALLY DO IS BUILD A A SHED, SO A CONCRETE PAD AND A SHED THAT WOULD BE OVER THE CRUSHER SO THAT WE WON'T BE GETTING RAIN OR ANYTHING INTO THAT AREA. SO AND ALSO THE CRUSHER HAS HOLDING TANKS BUILT IN AND THAT ACTUALLY COLLECT ANY RESIDUAL FLUIDS THAT ARE LEFT IN THE CAR AS A COUPLE PEOPLE STATED THEY THOUGHT THEY SAID WELL THERE'S NO WAY YOU CAN GET 100% OF THE FLUIDS OUT OF THE CAR, WHICH IS CORRECT. BUT WHEN WE ACTUALLY CRASH THE CAR ON SITE, THAT CRUSHER DOES HAVE HOLDING TANKS. SO ANYTHING THAT SQUEEZED OUT OF THAT CAR WHEN WE CRUSH IT GOES INTO THOSE TANKS. AND THEN WE HAVE THOSE TANKS EMPTIED EVERY SO OFTEN BY A LICENSED RECYCLER. IS THERE? I'M SORRY. I WANT TO JUST JUMP IN REAL QUICK. IS THERE A CONTAINMENT BERM AROUND THAT CRUSHERS SO THAT IF YOU GET A STORMWATER EVENT OR SOMETHING LIKE THAT, YOU DON'T HAVE THAT FLUID RUNNING OFF THE PAD. YES. IT'LL BE ON THE CONCRETE PAD. AND THEN WE ALSO BUILD A BERM AROUND IT WITH CONCRETE. AND THEN NORMALLY WE PUT THOSE SOCKS AROUND IT TO SO THAT, YOU KNOW, THERE WON'T BE ANY RUNOFF. AND THAT'S ALSO THE REASON FOR THE SHED OVER THE TOP, SO THAT IF THERE IS A RAIN EVENT, YOU KNOW, IT'S NOT GOING TO BE AFFECTING THAT AREA. AND THEN ONCE THEY'RE CRUSHED THERE, THEY'RE THERE. I'VE SEEN PLACED ON A SEMI TRAILER AND BAGGED IN SOME WAY OR WITH NETTING. RIGHT. YES THEY ARE NETTED. WE WRAP THE CARS, BUT THE ACTUALLY THE TRUCKING COMPANY NORMALLY DOES THAT. BUT EITHER WE DO OR ONE ONE OF US WILL BE WRAPPING THE CAR WITH THE NETTING TO MAKE SURE THERE ARE NO PARTS FALLING OFF OF THE CAR AS IT GOES DOWN THE HIGHWAY TO GO TO THE SHREDDER. YOU MENTIONED ALSO THAT THE MAJORITY OR YOU DIDN'T SAY MAJORITY, BUT YOU SAID VEHICLES ARE PURCHASED FROM THE SURROUNDING COMMUNITY. WHERE DOES THE MAJORITY OF YOUR CARS COME FROM? ARE THEY BROUGHT IN FROM OTHER AREAS OR ARE THEY LOCAL PRETTY MUCH? WE NORMALLY PICK UP WHAT ABOUT A 50 TO 75 MILE RANGE IS KIND OF OUR PICKUP AREA. SO IT WOULD BE, YOU KNOW, ANYWHERE IN THAT RADIUS. CAN PEOPLE BRING VEHICLES TO YOU? SOMETIMES, YOU KNOW, WE MIGHT WE MIGHT GET, UH, MAYBE 5 TO 10% THAT ARE BROUGHT TO US, [01:05:03] THE REST WE PICK UP. OKAY. AND THEN ON YOUR PRESENTATION, YOU MENTIONED OR ONE OF THEM THE ARKANSAS FACILITY, THE SURFACE AREA OF WHERE YOUR CAR PARK AREA IS. IS THAT [INAUDIBLE]? IS IT CONCRETE AS WHAT MATERIAL IS THAT? WE STABILIZE THE GROUND WITH, UH, GRAVEL, SO WE USE ABOUT SIX INCHES OF GRAVEL. BUT OF COURSE WE DO A GOOD COMPACTION FIRST AND THEN WE ABOUT SIX INCHES OF GRAVEL. AND THEN WE MAINTAIN THAT GRAVEL. EVERY TIME WE PULL OFF A ROW OF CARS, WE GO THROUGH AND CLEAN UP ANY OIL SPOTS OR ANYTHING LIKE THAT THAT MIGHT BE ON THE GROUND FROM FROM RAIN WATER RUNOFF. WE CLEAN THAT ALL UP AND MAKE SURE THAT WE PUT CLEAN, FRESH GRAVEL, YOU KNOW, IN THOSE AREAS AS CARS COME OUT, WHICH WHICH IS ABOUT EVERY THREE MONTHS. AND CHASE, LAST QUESTION. IF WE WERE TO APPROVE THIS AND THERE WERE ANY TERMS OR CONDITIONS PLACED AS PART OF THAT. WOULD THE EFFECT OF OF A VIOLATION OF THOSE CONDITIONS COULD COULD WE REVOKE A PERMIT THAT WAS GRANTED OR SOMETHING ALONG THOSE LINES? WHAT WHAT WOULD BE THAT? OR WOULD A FINE BE THE MAXIMUM WE COULD DO? THE COURT COULD SET. THEY WOULD REQUIRE US TO, BUT WE COULD DO AN INJUNCTION. THERE ARE CIVIL PENALTIES THAT COULD BE INVOLVED IN ADDITIONALLY, THE COURT COULD REVOKE THE LICENSE. THE CONDITIONS THAT IT CAN IMPOSE ARE JUST CONDITIONS ON THE USE OF THE PROPERTY AND IT'S GOT TO BE RELATED TO THE BUSINESS. BUT THAT WOULD BE WHAT THE COURT COULD DO. OKAY. I HAVE A QUICK QUESTION REGARDING THE GRAVEL AREA WHERE THE CARS ARE STORED. IS THERE DO YOU OR WOULD YOU CONSIDER A LINER UNDER THAT TO KEEP THINGS FROM LEACHING THROUGH THAT GRAVEL PARKING LOT AND INTO THE GROUNDWATER? THAT'S SOMETHING I'VE NEVER I'VE NEVER DONE. BUT THAT'S I COULD LOOK INTO THAT. THAT'S ALL MY QUESTIONS JUDGE. OKAY. THANK YOU. I HAD A COUPLE JUST YOU SAID THIS WOULD BE YOUR 10TH LOCATION, CORRECT? CORRECT. OKAY. HOW MANY OTHER SITES IN THE STATE OF TEXAS DO YOU OPERATE? UH, I'VE HAD FOUR. FOUR IN THE STATE, YES. OKAY. AND I APPRECIATE YOU SHOWING PHOTOS OF THE EXAMPLE IN ARKANSAS. IT'S SOMEWHAT HELPFUL FOR ME AT LEAST, BUT AND I'M NOT TRYING TO IMPLY ANYTHING OR WHATNOT, BUT I WOULD BE INTERESTED IN POSSIBLY SEEING JUST A PORTFOLIO, THE OTHER OF THE LOCATIONS THAT ARE WITHIN THE STATE OF TEXAS, JUST FOR SOME COMPARISONS, AS FAR AS WHAT THEY LOOK LIKE AND JUST FROM THAT ASPECT OF IT. AND MY LAST QUESTION IS, AS FAR AS SIZE IS CONCERNED, IS THIS SITE, IS IT COMPARED TO YOUR OTHERS? ARE THEY ALL PRETTY MUCH THIS SIZE OR IS THIS ONE ON THE SMALL END, MEDIUM LARGE? OKAY. OKAY, I HAVE A COUPLE MORE. SO, HAVE YOU ALL ALREADY PURCHASED THE PROPERTIES? UM, NOT YET. WE'RE ABOUT TO CLOSE. OKAY. AND NOT A QUESTION FOR YOU, BUT I'D ALSO LIKE TO GET THE INPUT OF OUR ENVIRONMENTAL DEPARTMENT ON THIS. I'D LIKE TO HEAR THEIR. CERTAINLY. YEAH. OKAY. ANY OTHER QUESTIONS, COMMISSIONERS? I WAS JUST GOING TO ASK, IS IT POSSIBLE IS IT POSSIBLE TO COME OUT THERE AND TAKE A LOOK AT WHAT YOU ALL ARE DOING? YOU KNOW, WHEN YOU ACTUALLY START WITH THE START THE OPERATION? IF YOU START THE OPERATION. ABSOLUTELY. YES. I'D BE GLAD TO HAVE HAD YOU HAVE YOU OUT TO SHOW YOU AROUND. COULD YOU. WOULD YOU MAKE AVAILABLE TO CASEY THE ADDRESSES OF YOUR OTHER PROPERTIES IN THE STATE? YES. YES, I CAN GET THAT FOR YOU. THANK YOU. COMMISSIONER, JUST TO ADDRESS A COUPLE OF CONCERNS THAT WERE HAD. COMMISSIONER THERIOT, YOU ASKED ABOUT THE COLORING OF THE FENCE. STATE LAW REQUIRES THAT IT BE IN, QUOTE, NATURAL EARTH TONE COLOR. SO IT WILL HAVE TO BE THAT WILL HAVE TO BE CHANGED. ADDITIONALLY, BECAUSE OF THEIR PROXIMITY TO 183 AND 130, THEY'RE GOING TO BE REQUIRED BY THE STATE OF TEXAS AND TXDOT TO HAVE ADDITIONAL SCREENING REQUIREMENTS. WHAT THOSE WILL LOOK LIKE WILL DEPEND ON THE TXDOT ENGINEER, BUT JUST KNOW THAT THERE ARE ADDITIONAL REQUIREMENTS FOR THAT. AND I DID HAVE ONE ADDITIONAL THING THERE ARE FOR SCREENING. IF THEY DO NOT COMPLY WITH THE SCREENING REQUIREMENTS, THAT CAN ALSO BE SUBJECT TO CRIMINAL PENALTIES. SO THAT MY COMPLETE ANSWER. OKAY. THANK YOU. CAN YOU CHASE ONE MORE TIME SAY THE DIFFERENCE BETWEEN A JUNKYARD AND A [01:10:05] SALVAGE YARD? SO A SALVAGE YARD. THE EFFECT THE PRACTICAL DIFFERENCE IS THAT A SALVAGE YARD WILL ACCEPT WHOLE CARS AND IT. AND THAT'S WHAT HE'S DOING. YES. A JUNKYARD WOULD ALLOW FOR INDIVIDUAL KIND OF ITEMS THAT YOU COULD BRING IN, FOR EXAMPLE, THE ENGINE WITHOUT THE CAR. YOU COULD ALSO BRING IN, FOR EXAMPLE, A REFRIGERATOR OR AN AIR CONDITIONER, THAT KIND OF STUFF. AND SO THE DIFFERENCE IS THIS IS A CAR CENTRIC AND A WHOLE CAR CENTRIC OPERATION. NOW, GRANTED, HE COULD MOVE TOWARDS A JUNKYARD IF THEY CHOSE TO IN THE FUTURE, BUT THAT WOULD REQUIRE APPROVAL FROM THE COURT, AND THAT COULD BE A CONDITION THAT IS PLACED ON THE PROPERTY THAT IT OPERATE ONLY AS A SALVAGE YARD. ADDITIONALLY, WHILE WE'RE I GUESS WHILE WE'RE DISCUSSING THAT. THESE LICENSES ARE ONLY FOR ONE YEAR, SO EVERY YEAR IT'LL BE SUBJECT TO RENEWAL. SO THIS IS ALSO SOMETHING THAT CAN BE REEVALUATED OVER TIME. ONE LAST ONE JUDGE. GARRETT, WHAT IS A TYPICAL PRICE PAID FOR A A CAR THAT Y'ALL WOULD GO PURCHASE TO PULL OUT THERE? WE AVERAGE AROUND 3 TO $800 PER CAR, AND THAT'S THE AVERAGE. SOMETIMES MORE, SOMETIMES LESS. BUT THAT'S OUR AVERAGE. AND WE ALSO PICK THE CAR UP AT NO CHARGE. OKAY. ANY OTHER QUESTIONS, COMMISSIONERS? DISCUSSION ONLY ITEMS. SO THERE WILL BE NO ACTION TAKEN. THANK YOU. THANK YOU FOR YOUR TIME. IF THAT WILL MOVE TO ITEM SEVEN, DISCUSSION ACTION TO CONSIDER THE APPROVAL OF THE ORDER [7. Discussion/Action to consider the approval of the Order Granting Petition for Creation of Caldwell County Fresh Water Supply District No. 1. Speaker: Judge Haden/ Mike Schroeder; Backup: 22; Cost: None] GRANTING PETITION FOR CREATION OF THE CALDWELL COUNTY FRESH WATER DISTRICT. GO AHEAD, SIR. GOOD MORNING AGAIN, COMMISSIONERS. MY NAME IS MATT KUTAC. I'M AN ATTORNEY FROM AUSTIN. CAN YOU BRING THAT A LITTLE BIT CLOSER? ACTUALLY EZZY'S GOING TO HOOK YOU UP HERE SO WE CAN HEAR YOU. AT MICROPHONE IS NOT GREAT. YEAH. AS WE LEARNED WITH NEIL, YOU DON'T STAY THERE. YOU CAN'T HEAR YOU. SO IT'S ON NOW. OKAY, GOOD. MY NAME IS MATT KUTAC. I'M AN ATTORNEY IN AUSTIN. I REPRESENT THE PETITIONER IS REQUESTING CREATION OF FRESH WATER SUPPLY DISTRICT. I ALSO HAVE BLAKE REED AND HUNTER BARRON ON BEHALF OF THE PETITIONER AS WELL. LAST YEAR THEY BOUGHT ABOUT 750 ACRES OF LAND BETWEEN HERE AND SAN MARCOS ON STATE HIGHWAY 142. THE IDEA IS EVENTUALLY TO DO SINGLE FAMILY RESIDENTIAL DEVELOPMENT. AND ONE OF THE THINGS YOU HAVE TO FACTOR IN WHEN YOU'RE LOOKING TO DO SUCH A THING IS DEVELOP PROPERTY IN GENERAL IS LOOK FOR WATER, WASTEWATER, OTHER UTILITIES. WE'RE IN THE MAXWELL WATER SUPPLY CORPORATION CCN, SO OBVIOUSLY APPROACHED THEM ABOUT SERVICE. BUT WE'RE REQUESTING CREATION OF A FRESH WATER SUPPLY DISTRICT TO ASSIST US IN IN DEALING WITH WATER SERVICE TO THAT PROPERTY AND THE CUSTOMERS WHO ULTIMATELY LIVE THERE. WE'VE GOT PROBABLY SOME OFFSITE WATER FACILITIES WE'RE LOOKING AT AND THEN OBVIOUSLY THE INTERNAL TO PROVIDE SERVICE AND THIS DISTRICT WILL ALLOW US TO CONTRACT WITH THE WATER SUPPLIER AND FINANCE AND CONSTRUCT FACILITIES ULTIMATELY NECESSARY TO SERVE THE DEVELOPMENT. I UNDERSTAND FROM MR. GETZ THAT YOU GUYS ARE FAMILIAR WITH MUDS. THIS WOULD BE SORT OF SIMILAR DISTRICT PRIMARY DIFFERENCE WOULD BE THAT IT DOESN'T HAVE AS MANY POWERS, DOESN'T HAVE ROADS, PARKS, DRAINAGE, THOSE SORTS OF THINGS. WE WILL LOOK AT PROBABLY ADDING THOSE POWERS DOWN THE ROAD. BUT RIGHT NOW WHAT WE'RE ASKING FOR IS A FRESH WATER SUPPLY DISTRICT SO THAT WE CAN START MOVING ON, GETTING WATER OUT TO THE PROPERTY. WE HAVE ANY OTHER QUESTIONS? I'D BE HAPPY TO ADDRESS THEM. YES, SIR. UM, WHAT WAS YOUR NAME AGAIN? I'M SORRY. MATT KUTAC. YES, MATT HAD, I'M SURE YOU GUYS HAVE HAD CONVERSATIONS WITH MAXWELL SUD OR. NOT QUITE YET. WE PURCHASED THE PROPERTY. I SAY WE, MY CLIENT PURCHASED THE PROPERTY AND AT THE END OF NOVEMBER LAST YEAR. SO WE'RE SORT OF JUST GETTING STARTED ON MOVING THAT DIRECTION. GO AHEAD. BUT MY NAME IS BLAKE REED. I'M ONE OF THE DEVELOPERS AND OWNERS OF THE PROPERTY. WE'VE HAD PRELIMINARY TALKS WITH MAXWELL. [01:15:01] WE'VE ENGAGED THEM FOR A STUDY TO SUPPLY THE WATER, AND WE'VE STARTED DOWN THAT PROCESS, BUT WE HAVEN'T GOT ANYTHING FINAL FROM THEM YET. SO FROM A SUPPLY STANDPOINT, THEY'RE AWARE OF WHAT YOUR YOUR NEEDS ARE. YES, SIR. AND WHAT TYPE OF FACILITIES WOULD BE CONSTRUCTED. YOU GENERALLY DESCRIBED IT, BUT THERE WOULD BE YOUR WATER, INTERNAL WATER FACILITIES AND THEN WASTEWATER ALSO ASSOCIATED WITH IT. YES, SIR, THAT'S CORRECT. WE PART OF OUR CONVERSATION WITH MAXWELL WAS ALSO POTENTIALLY HAVING A TAKE POINT ON THE OREWA PIPELINE, IF THEY COULD WORK THAT OUT WITH OREWA, BECAUSE IT DOES RUN PARALLEL TO THE SOUTHERN PART OF OUR PROPERTY AND THEN ALL THE INTERNALS AND ANY OFFSITE TO BRING ANY OF THE UTILITIES TO OUR SITE. SO WHERE DO WE GO FROM HERE AFTER THIS ACTION? WHAT OCCURS AS FAR AS THE EVENTUAL BUILD OUT OF YOUR PROPERTY? SO THIS IS THE FIRST STEP. AFTER THIS, WE WILL CONTINUE THE PLANNING PROCESS AND MAKE SURE WE HAVE UTILITIES UNDER CONTROL. AND THEN WE WILL BE COMING BACK TO THE CORE OF THE DEVELOPMENT AGREEMENT THAT WILL SPELL OUT MORE OF OUR DEVELOPMENT IN TERMS OF THE SIZE OF THE LOTS AND THE OVERALL LAYOUT OF THE PROPERTY. AND SO ONCE WE GET A LITTLE FAR ALONG IN THE PROCESS, WE'D BE BACK WITH THAT. I THINK I MAY HAVE MISSED IT THAT I WAS READING SOMETHING IN THIS DESCRIPTION. BUT DID YOU ASK ABOUT WITH THIS TRIGGER A MUD OR ARE YOU GUYS PURSUING A MUD OR. NO, IT'S A SEPARATE TYPE OF DISTRICT. IT DOESN'T HAVE ALL THE POWERS OF MUD, THOUGH WE MAY, AT A LATER DATE SEEK TO ADD THOSE POWERS. THAT WOULD BE A TCQ PROCESS THAT THIS IS A LIKE A MUD BUT BUT SLIGHTLY DIFFERENT. I GUESS MY THE REASON FOR MY QUESTION WAS, YOU KNOW, ONCE YOU START YOUR LAND PLANNING AND I WAS JUST WONDERING HOW ARE YOU GOING TO HANDLE THIS? THE THE SEWAGE. SORRY, I DIDN'T HEAR THE LAST PART ONCE HE ONCE YOU START YOUR LAND PLANNING AND AND BEGIN TO PLAN TO SELL LOTS. HOW ARE YOU GUYS? DO YOU AND AT THE END YOU'RE GOING TO HAVE TO HAVE SOME WAY TO HANDLE THE SEWAGE, RIGHT? YES, ABSOLUTELY. WHETHER WE DO THAT WITH THE DISTRICT OR WE CONTRACT WITH ANOTHER PARTY, WE'RE NOT SURE YET, BUT WE'LL ABSOLUTELY HAVE TO ADDRESS WASTEWATER. OKAY. DO YOU GUYS HAVE A DISCHARGE PERMIT OR ARE AT THIS TIME? WE DON'T WE'RE WE'RE LOOKING INTO THOSE OPTIONS RIGHT NOW. SO THAT WOULD BE ANOTHER PROCESS THAT YOU WOULD GO THROUGH. YES, SIR. YES, SIR. SO ARE YOU LOOKING TO WHEN YOU DIVIDE THE TRACKS UP, ARE YOU LOOKING FOR THEM TO BE LIKE TWO OR THREE ACRE TRACKS OR ARE YOU LOOKING SMALLER KIND OF IN THE DEVELOPMENT PART OF IT? YES, MA'AM. THEY'LL BE SMALLER. THEY'LL BE IT'LL BE A MIXED, MIXED USE, BUT THEY'LL BE 50 FOOT LOTS, 60 FOOT LOTS, POSSIBLY SOME TOWNHOME TYPE PRODUCT WHERE WE'RE MASTER PLAN DEVELOPERS AND SOME OF OUR PROJECTS AND HUTTO STAR RANCH. AND WE'RE WORKING ON WATERSTONE IN SAN MARCOS RIGHT NOW. SO WE'LL DO A MASTER PLANNING COMMUNITY WITH AMENITIES AND THERE'S A LAKE ON THE PROPERTY THAT WE PLAN ON HAVING A NICE AMENITY CENTER DOWN ON, AND IT'LL BE A HIGH END PROJECT. ANY OTHER QUESTIONS, COMMISSIONERS? NO. OKAY. THANK YOU. THANK YOU. COMMISSIONERS, DO YOU WISH TO MAKE A MOTION REGARDING THIS ITEM? ALSO MOVE APPROVAL OF AN ORDER GRANTING PETITION OF CREATION OF COLE COUNTY FRESHWATER SUPPLY DISTRICT NUMBER ONE. THANK YOU. WE HAVE A MOTION TO APPROVE ITEM SEVEN. DO WE HAVE A SECOND? I'LL SECOND IT. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR SAY AYE. AYE. OPPOSED, HEARING NONE. MOTION CARRIES. WE WILL MOVE TO ITEM TEN NOW. [10. Discussion/Action to consider the Proclamation for Sexual Assault Awareness and Prevention Month for 2022. Speaker: Judge Haden; Backup: 2; Cost: None] DISCUSSION ACTION TO CONSIDER A PROCLAMATION FOR SEXUAL ASSAULT AWARENESS AND PREVENTION MONTH FOR 2022. AND I'LL READ THE PROCLAMATION. SEXUAL ASSAULT AWARENESS AND PREVENTION MONTH 2022 PROCLAMATION. WHEREAS 6.3 MILLION TEXANS HAVE EXPERIENCED SOME FORM OF SEXUAL ASSAULT IN THEIR LIFETIME. AND WHEREAS, TWO AND FIVE WOMEN AND ONE IN FIVE MEN IN TEXAS HAVE BEEN SEXUALLY ASSAULTED IN THEIR LIFETIME, AFFECTING ALL RACES, AGES, GENDERS AND ECONOMIC SITUATIONS. [01:20:01] AND WHEREAS, THE HAYS CALDWELL WOMEN'S CENTER PROVIDE PROVIDED DIRECT SERVICES TO 586 ADULT VICTIMS OF SEXUAL ASSAULT IN HAYS AND CALDWELL COUNTIES LAST YEAR. AND. WHEREAS, CALDWELL COUNTY IS INTOLERANT OF SEXUAL VIOLENCE IN ANY FORM AND RECOGNIZES THAT EDUCATION AND AWARENESS MAY PREVENT SEXUAL ASSAULT. AND. WHEREAS, EFFORTS TO REDUCE SEXUAL ASSAULT CAN ONLY BE SUCCESSFUL THROUGH CITIZEN INVOLVEMENT AND THE SAFETY OF CITIZENS OF CALDWELL COUNTY DEPENDS ON OUR ACTIONS TO END SEXUAL ASSAULT. THEREFORE, I HOPPY HAYDEN, BY VIRTUE OF THE AUTHORITY VESTED IN ME AS JUDGE OF CALDWELL COUNTY, TEXAS, DO HEREBY PROCLAIM APRIL 2022 AS SEXUAL ASSAULT AWARENESS AND PREVENTION MONTH. IN TESTIMONY WHEREOF I HAVE HERE ON TAPE, IS THAT MY HAND AND CAUSED TO BE AFFIXED TO SEAL OF CALDWELL COUNTY THIS 12TH DAY OF APRIL 2022. COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE? OH, I'M SORRY, LADIES. GO AHEAD. I LOOKED UP. YOU HAD APPEARED. I'LL APOLOGIZE. GOOD MORNING. MY NAME IS YVETTE MIRELES. I'M HERE ON BEHALF OF THE HAYS CALDWELL WOMEN'S CENTER. I WOULD JUST LIKE TO SAY THANK YOU, COMMISSIONERS, FOR PROCLAIMING APRIL AS SEXUAL ABUSE AND CHILD PREVENTION AWARENESS MONTH FOR US. WE DO HAVE AN OFFICE LOCATED HERE AND CALDWELL COUNTY, AND WE'RE HERE TO SERVICE OUR CLIENTS. IF YOU SEE SOMETHING, PLEASE SAY SOMETHING. PLEASE ENCOURAGE OUR CHILDREN TO TALK TO YOU. WE HAVE SERVICES FOR THEM. WE HAVE COUNSELING SERVICES AND WE JUST ASK THAT YOU PLEASE SAY SOMETHING IF YOU SEE SOMETHING. THANK YOU. THANK YOU. HELLO. MY NAME IS ASHLEY RIOS. I AM THE PROGRAM DIRECTOR AT ROXANNE'S HOUSE AT THE HAYES CALDWELL WOMEN'S CENTER. AND WE VERY MUCH APPRECIATE YOUR SUPPORT IN PROCLAIMING APRIL CHILD ABUSE AWARENESS AND PREVENTION MONTH, AS WELL AS ADULT SEXUAL ASSAULT AND AWARENESS AND PREVENTION MONTH. THANK YOU, COMMISSIONERS. DO WE HAVE A MOTION TO APPROVE PROCLAMATION FOR SEXUAL ASSAULT AWARENESS AND PREVENTION MONTH FOR 2022? 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 11, DISCUSSION ACTION TO CONSIDER [11. Discussion/Action to consider to Proclamation for Child Abuse Prevention and Awareness Month for 2022. Speaker: Judge Haden; Backup: 2; Cost: None] PROCLAMATION FOR CHILD ABUSE PREVENTION AND AWARENESS MONTH FOR 2022. AND I WILL READ THE PROCLAMATION. CHILD ABUSE PREVENTION AND AWARENESS MONTH 2022 PROCLAMATION. WHEREAS MORE THAN 68,461 CASES OF CHILD ABUSE AND NEGLECT WERE CONFIRMED IN TEXAS IN 2021, RESULTING IN 16,629 CHILDREN IN FOSTER CARE IN TEXAS AND THE DEATH OF 199 CHILDREN IN TEXAS IN 2021. AND WHEREAS, 157 CHILDREN WERE CONFIRMED VICTIMS OF ABUSE IN CALDWELL COUNTY. AND WHEREAS CHILD ABUSE PREVENTION IS A COMMUNITY RESPONSIBILITY, AND FINDING SOLUTIONS DEPENDS ON INVOLVEMENT AMONG ALL PEOPLE. AND WHEREAS, LOCALLY, REPRESENTATIVES FROM CALDWELL COUNTY CHILD WELFARE BOARD, CALDWELL COUNTY DISTRICT ATTORNEY'S OFFICE, HAYS, CALDWELL COUNTY WOMEN'S CENTER AND ROXANNE'S HOUSE. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. COURT APPOINTED SPECIAL ADVOCATES CASA LOCKHART AND LULING POLICE DEPARTMENTS, CALDWELL COUNTY SHERIFF'S OFFICE AND CTMC HAVE JOINED FORCES TO PROVIDE PREVENTION AND SUPPORTIVE SERVICES TO CHILD VICTIMS AND THEIR FAMILIES. AND. WHEREAS, EVERY CHILD IN CALDWELL COUNTY DESERVES TO BE SAFE, NURTURED AND SUPPORTED AND CARING RELATIONSHIPS. THEREFORE, I HOPPY HAYDEN, BY VIRTUE OF THE AUTHORITY VESTED IN ME AS JUDGE OF COLWELL COUNTY, TEXAS, DO HEREBY PROCLAIM THE MONTH OF APRIL 2022 AS CHILD ABUSE PREVENTION AND AWARENESS MONTH, AND DO HEREBY CALL UPON THE CITIZENS OF CALDWELL COUNTY TO WORK TOGETHER TO RAISE AWARENESS AND PREVENT CHILD ABUSE IN OUR COMMUNITY AND BEYOND. IN TESTIMONY WHEREOF I HAVE HERETO SET MY HAND AND CAUSE TO BE AFFIXED THE SEAL OF CALDWELL COUNTY, TEXAS, THIS 12TH DAY OF APRIL 2022. LADIES. GOOD MORNING. THANK YOU VERY MUCH FOR REPRESENTING THIS MONTH SPECIFICALLY FOR CHILD ABUSE AWARENESS AND PREVENTION MONTH. MY NAME IS BRANDI RASCHKE AND I REPRESENT CASA OF CENTRAL TEXAS AND WE REPRESENT FOUR DIFFERENT COUNTIES AND CALDWELL IS ONE OF THEM. I ALSO HAVE TWO STAFF MEMBERS HERE. SHELLY DENKELER, CASA CASEWORK SUPERVISOR. I ALSO SERVE CALDWELL COUNTY AND I'VE BEEN IN THIS COUNTY FOR TEN YEARS NOW. THANK YOU. JOURNEY TRAVEL FIELD. I'M THE DONOR RELATIONS ASSOCIATE MANAGER FOR CASA OF CENTRAL TEXAS. THANK YOU FOR HAVING US TODAY. THANK YOU. COMMISSIONERS. DO WE HAVE A MOTION TO APPROVE PROCLAMATION FOR CHILD ABUSE PREVENTION AND AWARENESS MONTH FOR 2022? ABSOLUTELY. WE HAVE A MOTION. [01:25:01] DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION IN A SECOND. ALL IN FAVOR SAY AYE. AYE. OPPOSED, HEARING NONE. MOTION CARRIES. THANK YOU. ITEM 12, DISCUSSION ACTION TO CONSIDER THE PROCLAMATION FOR CALDWELL, TRAVIS [12. Discussion/Action to consider the Proclamation for Caldwell-Travis Soil & Water Conservation District (SWCD) Stewardship Week. Speaker: Judge Haden/ Maria Heger/Donnie Graham; Backup: 2; Cost: None] SOIL AND WATER CONSERVATION DISTRICT SWCD STEWARDSHIP WEEK. UH. I DON'T HAVE A COPY OF. OH, HERE WE GO. LOOK LIKE A CERTIFICATE. ALL RIGHT. SOIL AND WATER STEWARDSHIP. WE PROCLAMATION. WHEREAS HEALTHY SOIL AND CLEAN WATER IS A BENEFIT TO EVERYONE. AND. WHEREAS, EFFECTIVE CONSERVATION PRACTICES PROVIDE THE SOIL, WATER, ANIMALS, PLANTS AND AIR THAT CAN ENSURE A RICH STANDARD OF LIVING. AND. WHEREAS, OUR SECURITY DEPENDS UPON THE ROBUST MANAGEMENT OF NATURAL RESOURCES AND WE'RE ASKED STEWARDSHIP CALLS FOR EACH PERSON TO HELP CONSERVE THESE PRECIOUS RESOURCES. THEREFORE, I DO HEREBY PROCLAIM APRIL 24TH TO MAY 1ST, 2022, AS SOIL AND WATER STEWARDSHIP WEEK. GO AHEAD. GOOD MORNING, JUDGE AND COMMISSIONERS. MY NAME IS MARLA HAGER. I'M OUTREACH COORDINATOR FOR THE CALDWELL TRAVIS SOLAR WATER CONSERVATION DISTRICT. AND I'M JOINED BY TIM AULD, WHO'S OUR DISTRICT TECHNICIAN. OUR CHAIR, DONNY GRAHAM, COULDN'T JOIN US TODAY, BUT I WANT TO EXTEND ON BEHALF OF THE BOARD OF DIRECTORS OF THE CONSERVATION DISTRICT THE THANKS FOR YOUR CONTINUED SUPPORT OF THE WORK OF THE DISTRICT. WE CONTINUE TO WORK WITH LANDOWNERS TO CARRY OUT PROGRAMS FOR CONSERVATION OF SOIL, WATER AND NATURAL RESOURCES. WE COORDINATE TECHNICAL AND FINANCIAL ASSISTANCE FROM ALL AVAILABLE RESOURCES TO ADDRESS THOSE NATURAL RESOURCE CONCERN OF OUR LANDOWNERS. AS YOU MENTIONED THIS YEAR, STEWARDSHIP WEEK IS THEMED HEALTHY SOILS, HEALTHY LIFE, AND IT REALLY DOES OUTLINE HOW THE BASIS OF EVERYTHING WE DO STARTS WITH THE SOIL THAT'S UNDERNEATH OUR FEET. HEALTHY SOIL. THE DISTRICT WAS RECENTLY NAMED RECIPIENT OF THE FRIENDS OF NATURAL NATIONAL ASSOCIATION OF CONSERVATION DISTRICT GRANTS PROGRAM. THE DISTRICT WILL HOST A SERIES OF WORKSHOPS TO CREATE A DIALOG ON LAND PRESERVATION, FARM SUCCESSION PLANNING, PRINCIPLES OF SOIL HEALTH, ECONOMICS OF REGENERATIVE AGRICULTURE, ECOSYSTEM SERVICE, MARKET DEVELOPMENT AND CONSERVATION EASEMENT STRATEGIES WITH PRODUCERS AND LANDOWNERS IN THE PLUM CREEK WATERSHED, ALL OF WHICH ARE IMPORTANT TOPICS AS WE CONTINUE TO SEE GROWTH IN THIS COUNTY. PLEASE LOOK FOR DETAILS OF THESE WORKSHOPS LATER THIS YEAR AND AGAIN ON BEHALF OF THE BOARD, WE APPRECIATE YOUR CONTINUED SUPPORT. THANK YOU VERY MUCH, COMMISSIONERS. EXCUSE ME. WE HAVE A MOTION TO APPROVE PROCLAMATION FOR CALDWELL COUNTY, CALDWELL TRAVIS SOIL AND WATER CONSERVATION DISTRICT STEWARDSHIP WEEK. 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 ITEM 13 DISCUSSION ACTION TO CONSIDER THE APPROVAL OF RESOLUTION 31 2022 [13. Discussion/Action to consider the approval of Resolution 31-2022, opposing Section 216 of President Biden*s Executive Order 14008- including its goal of converting private land ownership to federal ownership. Speaker: Judge Haden; Backup: 3; Cost: None] OPPOSING SECTION 216 OF PRESIDENT BIDEN'S EXECUTIVE ORDER 14008, INCLUDING ITS GOAL OF CONVERTING PRIVATE LAND OWNERSHIP FEDERAL OWNERSHIP. COMMISSIONERS, I'LL READ THIS RESOLUTION. FIRST RESOLUTION OF CALDWELL COUNTY COMMISSIONERS COURT. WHEREAS CALDWELL COUNTY IS A LEGAL AND POLITICAL SUBDIVISION OF THE STATE OF TEXAS, FOR WHICH THE CALDWELL COUNTY COMMISSIONERS COURT IS AUTHORIZED TO ACT. CALDWELL COUNTY CONTAINS APPROXIMATELY 350,263 SQUARE ACRES OF LAND WITHIN THE STATE OF TEXAS, WHEREAS THE WELL BEING HEALTH, SAFETY, WELFARE, ECONOMIC CONDITION AND CULTURE OF THE COUNTY, ITS BUSINESS AND ITS CITIZENS DEPEND ON PRIVATE LAND OWNERSHIP AND THE USE OF ITS NATURAL RESOURCES. AND WHEREAS, MANY OF CALDWELL COUNTY'S BUSINESSES AND ITS CITIZENS ARE INVOLVED IN OR OTHERWISE, IN OR OTHERWISE DEPEND ON INDUSTRIES THAT UTILIZE PRIVATE LANDS AND THEIR RESOURCES, INCLUDING LIVESTOCK GRAZING, AGRICULTURAL, AND HORTICULTURAL ACTIVITIES, CROP PRODUCTION, RECREATIONAL INDUSTRIES AND HUNTING AND OTHER OUTDOOR RECREATION. AND WHEREAS, THESE INDUSTRIES ARE IMPORTANT COMPONENTS OF THE CALDWELL COUNTY ECONOMY AND ARE MAJOR CONTRIBUTORS TO THE ECONOMIC AND SOCIAL WELL-BEING OF CALDWELL COUNTY AND ITS CITIZENS. AND WHEREAS, ON JANUARY 27, 2021, PRESIDENT JOSEPH BIDEN JR. ISSUED EXECUTIVE ORDER 14-008 ENTITLED TRACKING THE CLIMATE CRISIS AT HOME AND ABROAD 86 FEDERAL REGISTER 7619 AND WHEREAS, IN SECTION 216 OF THE EXECUTIVE EXECUTIVE ORDER 14008, PRESIDENT BIDEN DIRECTED THE SECRETARY OF THE INTERIOR IN CONSULTATION WITH THE SECRETARY OF AGRICULTURE AND OTHER SENIOR OFFICIALS TO DEVELOP A PROGRAM TO CONSERVE AT LEAST 30% OF THE LANDS AND WATERS IN THE UNITED STATES BY 2030, WHICH IS CALLED THE 30 BY 30 PROGRAM. WHEREAS UNDER THE 30 BY 30 PROGRAM, SOME 680 MILLION ACRES OF OUR NATION'S LANDS [01:30:07] WOULD BE SET ASIDE AND PERMANENTLY PRESERVED IN ITS NATURAL STATE, PREVENTING THE PRODUCTIVE USE OF THESE LANDS AND THEIR RESOURCES. AND. WHEREAS, DESIGNATING LANDS AS WILDERNESS DOES NOT ASSURE ITS PREVENTION PRESERVATION LEFT IN THE UNDISTURBED OR NATURAL STATE. THESE LANDS ARE HIGHLY SUSCEPTIBLE TO WILDFIRES, INSECT INFESTATION, AND DISEASE. ALL OF WHICH DEGRADES THE NATURAL AND HUMAN ENVIRONMENT. AND WHEREAS, THERE IS NO CONSTITUTIONAL OR STATUTORY AUTHORITY FOR THE PRESIDENT, THE DEPARTMENT OF THE INTERIOR, THE DEPARTMENT OF AGRICULTURE, OR ANY OTHER FEDERAL AGENCY TO SET ASIDE AND PERMANENTLY PRESERVE 30% OF ALL LANDS AND WATERS IN THE UNITED STATES. AND NO SUCH AUTHORITY IS REFERENCED IN THE EXECUTIVE ORDER 14 008. AND WHEREAS, CONSERVATION OF LAND FROM PRIVATE OWNERSHIP TO FEDERAL OWNERSHIP TYPICALLY RESULTS IN REMOVING SAID LAND FROM THE TAX ROLLS OF THE APPLICABLE TAXING AUTHORITY, THEREBY DIMINISHING THE POOL OF TOTAL TAX REVENUE AVAILABLE AND CAUSING A POTENTIAL FOR THE BURDEN OF INCREASED TAXATION ON THE REMAINING OWNERS OF PRIVATELY HELD LAND. AND WHEREAS, EXECUTIVE ORDER 14008 AT 216 A DIRECTS THE SECRETARY OF THE INTERIOR IN CONSULTATION WITH OTHER RELEVANT FEDERAL AGENCIES TO SUBMIT A REPORT TO TASK FORCE WITHIN 90 DAYS OF THE DATE OF THIS ORDER, RECOMMENDING STEPS THAT THE UNITED STATES SHOULD TAKE, WORKING WITH STATE, LOCAL AND TRIBAL, TERRITORIAL GOVERNMENTS, AGRICULTURE, AGRICULTURAL AND FOREST LANDOWNERS, FISHERMEN AND OTHER KEY STAKEHOLDERS TO ACHIEVE THE GOAL OF CONSERVING AT LEAST 30% OF OUR LANDS AND WATERS BY 2030. NOW, THEREFORE, BE IT RESOLVED BY CALDWELL COUNTY COMMISSIONERS COURT. CALDWELL COUNTY COMMISSIONERS COURT OPPOSES 30 BY 30 PROGRAM, INCLUDING ITS OBJECTIVES OF PERMANENTLY PRESERVING 30% OF THE NATION'S LANDS AND THEIR NATURAL STATE BY 2030, OR ANY SIMILAR PROGRAM THAT WILL SET ASIDE AND PREVENT PRODUCTIVE USE OF MILLIONS OF ACRES OF OUR LANDS. THE CALDWELL COUNTY COMMISSIONERS COURT FURTHER OPPOSES THE DESIGNATION OF LANDS AND CALDWELL COUNTY IS WILDERNESS, WILDERNESS STUDY AREA, WILDLIFE PRESERVES AND OPEN SPACE, THEREBY RESTRICTING PUBLIC ACCESS TO SUCH LANDS AND PREVENTING THE DEVELOPMENT AND PRODUCTIVE USE OF THE RESOURCES ON OR WITHIN SUCH LANDS. CALDWELL COUNTY COMMISSIONERS COURT SUPPORTS AND THE CONTINUED PRIVATE OWNERSHIP OF LAND IN THE COUNTY, RECOGNIZING THE NATION'S NEED FOR DOMESTIC SOURCES OF MINERALS, ENERGY, TIMBER, FOOD AND FIBER. THE CALDWELL COUNTY COMMISSIONERS COURT RECOGNIZES AND SUPPORTS THE STATE OF TEXAS WATER RIGHTS SYSTEM, INCLUDING THE DOCTRINE OF PRIOR DOCTRINE PRIOR AND OTHER STATE LAWS AND PROGRAMS GOVERNING THE RIGHTS OF WATER USE AND OPPOSES ANY FEDERAL DESIGNATION OF WATERS AND WATERCOURSES WITHIN THE COUNTY THAT WOULD IMPAIR OR RESTRICT WATER DIVERSIONS AND USES OTHERWISE UNDER AUTHORIZED UNDER TEXAS LAW. THE CALDWELL COUNTY COMMISSIONERS COURT OPPOSES THE USE OF GLOBAL CLIMATE CHANGE AS A JUSTIFICATION TO SET ASIDE LARGE TRACTS OF LAND AS PRESERVES OR OPEN SPACE TO FULFILL 30 BY 30 OBJECTIVES. CALDWELL COUNTY COMMISSIONERS COURT ALSO MAINTAINS THAT ANY LANDS OR OTHER RIGHTS THAT ACQUIRE TO FULFILL THE 30 BY 30 PROGRAM OBJECTIVES SHOULD BE ACQUIRED ONLY FROM WILLING LANDOWNERS AND FOR THE PAYMENT OF FULL AND FAIR MARKET VALUE FOR ALL RIGHTS AND INTERESTS ACQUIRED AND NOT THROUGH REGULATORY COMPULSION. AND AFTER ANALYZING AND CONSIDERING IMPACTS OF SUCH LAND ACQUISITIONS ON THE WELL-BEING, HEALTH, SAFETY, WELFARE, ECONOMY AND CULTURAL CALDWELL COUNTY AND BUSINESS AND CITIZENS. THE CALDWELL COUNTY COMMISSIONERS COURT SHALL SEND A COPY OF THIS RESOLUTION TO THE DEPARTMENT OF INTERIOR AND ALL OTHER RELATIVE FEDERAL AGENCIES. ORDER THIS 12TH DAY OF APRIL 2022. COMMISSIONERS ANY QUESTIONS OR DISCUSSION? THIS IS CONFUSING, BUT I REALLY DON'T AGREE WITH GIVING MY LAND TO THE FEDS. I WILL SAY FROM SOME OF THE YOU KNOW, WHEN THIS WHEN THIS FIRST CAME OUT, SPECIFICALLY ON THE DEPARTMENT OF AGRICULTURE SIDE, SINCE I USUALLY HAVE SOME SORT OF INVOLVEMENT WITH WITH SOME OF THEIR AGENCIES, SOME OF THE MECHANISMS THAT HAD ORIGINALLY BEEN TALKED ABOUT, THE WAY THAT THE FEDERAL GOVERNMENT WAS GOING TO TRY TO IMPLEMENT SOME OF THIS, AT LEAST THROUGH USDA WAS GOING TO BE THROUGH SOME OF THEIR THROUGH SOME OF THEIR VOLUNTARY CONSERVATION TYPE PROGRAMS THAT ARE EITHER ADMINISTERED THROUGH RCS OR THROUGH FSA. EXCUSE ME, IN OUR CS IS THE NATURAL RESOURCES CONSERVATION SERVICE AND FSA IS THE FARM SERVICE AGENCY. AND THOSE ARE PROGRAMS NOW THAT IF YOU'RE INVOLVED IN AGRICULTURAL PRODUCTION, YOU USUALLY UTILIZE AT LEAST ON AN ANNUAL TYPE BASIS AND THEY'RE VIOLENT. MOST OF THEM ARE VOLUNTARY IN NATURE AND NOT COMPULSORY. [01:35:04] CERTAINLY THERE ARE STIPULATIONS IF YOU CHOOSE TO BE INVOLVED IN THOSE PROGRAMS, THERE ARE STIPULATIONS YOU MUST ABIDE BY. BUT THAT'S A VOLUNTARY SIGNUP PROCESS AT THIS POINT. SOME OF THE MECHANISMS, AT LEAST THAT I HAD READ ABOUT THAT THEY WERE POSSIBLY LOOKING AT TRYING TO IMPLEMENT SOME OF THAT WOULD MAKE THOSE PROGRAMS MUCH MORE HAVE A MUCH MORE HEAVY HANDED AS FAR AS OVERSIGHT WAS CONCERNED, NOT IN MY OPINION, AT LEAST KIND OF OUTSIDE OF THEIR ORIGINAL INTENT, SO TO SPEAK. THAT'S THAT'S AT LEAST WHAT I'VE SEEN ON THIS SO FAR. AND I DON'T THINK THAT THIS RESOLUTION OPPOSES A LANDOWNER OF ENTERING INTO AN AGREEMENT WITH THE GOVERNMENT. RIGHT. IF THEY SO CHOOSE. YEAH, I THINK YEAH. THOSE PROGRAMS, AS LONG AS THEY REMAIN VOLUNTARY, THEY'VE BEEN AROUND FOR, FOR MOST OF THEM HAVE BEEN AROUND FOR DECADES AT THIS POINT AND HAVE FUNCTIONED EXTREMELY WELL FOR PRODUCERS IN THEIR CURRENT DESIGN. I WOULD BE HESITANT TO PARTICIPATE IF THEY WERE MADE MUCH MORE REGULATORY THAN THEY ARE RIGHT NOW. I'M CERTAINLY NOT A FAN OF THEM USING THOSE PROGRAMS THAT HAVE BEEN HISTORIC IN NATURE AS A TAKING ADVANTAGE OF THEM IN A WAY THAT THEY WEREN'T INTENDED TO BE USED. BUT I'M OKAY WITH THIS RESOLUTION. OKAY. THANK YOU, COMMISSIONER. ANY OTHER COMMENTS? I'M SUPPORTED. YOU KNOW, THE CONCERN I WOULD HAVE IS THERE SEEMS TO BE A TREND TO RESTRICT OIL AND GAS EXPLORATION ON FEDERAL LANDS NOW MORE THAN IN THE PAST. SO I THINK. UH, YOU KNOW, THAT UNTIL THAT CHANGES. I WOULDN'T BE IN FAVOR OF ADDING MORE LAND WITH THOSE SAME RESTRICTIONS. OTHER COMMENTS COMMISSIONERS? IF NOT LOOK FOR A MOTION. I SO MOVE. A MOTION TO APPROVE RESOLUTION 31, 2022. I'LL SECOND GO AHEAD. I'LL SECOND. SO WE HAVE A MOTION TO APPROVE RESOLUTION 31, 2022 AND A SECOND. ALL IN FAVOR SAY AYE. OPPOSED? HEARING NONE. MOTION CARRIES. ITEM 14 DISCUSSION ACTION TO CONSIDER APPROVAL OF A SPECIAL CONSTITUTIONAL AMENDMENT [14. Discussion/Action to consider approval of a special constitutional amendment election in Caldwell County occurring on May 7, 2022, pursuant to Texas Election Code Section 3.004 and Governor's Order. Speaker: Judge Haden/ Kimber Daniel; Backup: 3; Cost: TBD] ELECTION IN CALDWELL COUNTY OCCURRING ON MAY 7, 2022, PURSUANT TO TEXAS ELECTION CODE 3.004 AND GOVERNOR'S ORDER. KIMBER. SIR, I FIGURED YOU'D WANT ME TO READ THAT. ARE YOU TIRED OF READING YET? THAT WOULD BE AWESOME. GOOD MORNING. ORDER OF SPECIAL CONSTITUTIONAL AMENDMENT ELECTION FOR CALDWELL COUNTY. AN ELECTION IS HEREBY ORDERED TO BE HELD ON MAY 7, 2022, IN CALDWELL COUNTY, TEXAS, FOR THE PURPOSE OF ADMINISTERING THE TEXAS CONSTITUTIONAL AMENDMENT ELECTION. EARLY VOTING BY PERSONAL APPEARANCE WILL BE CONDUCTED AS FOLLOWS MONDAY THROUGH FRIDAY, APRIL 25TH THROUGH THE 29TH, 8 A.M. TO 5:00 PM, MONDAY AND TUESDAY, MAY 2ND, MAY 3RD 7 A.M. TO 7 P.M.. POLLING LOCATIONS FOR EARLY VOTING WILL BE THE SCOTT ANNEX, LOCATED AT 1403 BLACKJACK IN THE CONFERENCE ROOM, LULING CIVIC CENTER, 300 EAST AUSTIN IN LULING IN THE ELECTION ROOM, WHICH IS THE SMALL ROOM RIGHT OFF THE MAIN MAIN AREA. THREE RIVERS COMMUNITY CHURCH AT 103 MAIN STREET, MARTINDALE IN THE FELLOWSHIP HALL. SPECIAL FORMS FOR EARLY VOTING AND BALLOT BY MAIL ONLY WILL ONLY BE DONE AT THE SCOTT ANNEX. AGAIN, THAT ADDRESS IS 1403 BLACKJACK AND WILL BE LOCATED IN THE CONFERENCE ROOM. ON THE ELECTION DAY, VOTERS MUST VOTE IN THEIR PRECINCT WHERE THEY ARE REGISTERED TO VOTE. THE FOLLOWING POLLING PLACES WILL BE OPEN FROM 7 A.M. TO 7 P.M. ON MAY SEVEN, 2022, THE FIRST LOCKHART BAPTIST CHURCH HALL ON PRAIRIE LEE. THAT WILL BE PRECINCTS 100, 101, 103, 108 AND 111. THE VFW POST 8927 HALL AT 707 SOUTH US HIGHWAY 183 IN LOCKHART. PRECINCTS 102 AND 104. THE MCMANN WOMEN'S COMMUNITY CENTER 622 EXCUSE ME 6022 [INAUDIBLE] 713 IN MCMANN. PRECINCTS 204 AND 205 LULING CIVIC CENTER, 300 EAST AUSTIN IN LULING. PRECINCTS 201, 202, 203, AND 206 [INAUDIBLE] COMMUNITY CENTER 15 NORTH SPANISH TRAIL IN [INAUDIBLE]. PRECINCT 303 THREE RIVERS COMMUNITY CHURCH 103 MARTINDALE [INAUDIBLE] MAIN STREET IN MARTINDALE, 300 301,302, AND 303 LINTON SPRINGS BAPTIST CHURCH 8511 FM 1854 PRECINCTS 306 400 AND 404 AND 405 AND ST. MARK'S METHODIST CHURCH AT 602 EAST LIVE OAK AND LOCKHART PRECINCTS 401 AND 402. APPLICATIONS FOR BALLOT BY MAIL SHALL BE SENT TO THE EARLY VOTING CLERK AT OUR ADDRESS ON BLACKJACK. THE EARLY VOTING CLERK MAY RECEIVE DELIVERY BY COMMON OR CONTRACT CARRIER AT [01:40:03] THE 14 03A BLACKJACK STREET. APPLICATIONS FOR BALLOT BY MAIL MUST BE RECEIVED NO LATER THAN THE CLOSE OF BUSINESS DAY ON APRIL THE 26 2022. FEDERAL POSTCARD APPLICATIONS MUST BE RECEIVED NO LATER THAN THE CLOSE OF BUSINESS DAY ON MAY 13, 2022. ADDITIONAL CONTACT INFORMATION FOR THE OFFICE OF THE EARLY VOTING CLERK IS 5126684347. EMAIL IS CALDWELLCOUNTY@CO.CALDWELL.TX.US AND THEN OUR WEBSITE AT WWW.COCALDWELL.TX.US. THIS WOULD BE ISSUED ON THE FIFTH DAY OF APRIL 2022 SO APPROVED BY THE COMMISSIONERS COURT. THANK YOU. COMMISSIONERS, ARE THERE ANY QUESTIONS FOR KIMBER? IF NOT, WOULD LOOK FOR A MOTION TO APPROVE A SPECIAL CONSTITUTIONAL AMENDMENT ELECTION AND CALDWELL COUNTY OCCURRING ON MAY 7, 2022. PERCENT TO TEXAS ELECTION CODE SECTION 3.004 AND GOVERNOR'S ORDER. WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. WE HAVE MOTION AND SECOND. ALL IN FAVOR SAY AYE. AYE. OPPOSED? HEARING NONE MOTION CARRIES. MAY I JUST SAY, IF YOU'LL NOTICE ON HERE THAT WE HAVE REDUCED THE POLLING PLACES TO EIGHT FOR THIS ELECTION, AND IT WILL BE ALSO FOR THE MAY 24TH ELECTION BECAUSE THESE ARE NOT WELL-ATTENDED ELECTIONS AND THE COST OF THOSE ELECTIONS IS VERY EXPENSIVE. AND THIS WAS NOT THIS ELECTION WAS NOT ACTUALLY ADDED INTO OUR BUDGET BECAUSE IT WAS REQUESTED BY THE GOVERNOR AFTER BUDGET TIME. SO WE DID THAT ON PURPOSE TO BE ABLE TO TAKE CARE OF THAT, WE WILL BE SENDING POSTCARDS OUT TO THE INDIVIDUALS WHERE THEY TO THE INDIVIDUAL RESIDENTS AND VOTERS, WHERE WE HAVE MOVED THEIR POLLING PLACE FOR THIS ELECTION. SO THEY'LL GET A POSTCARD TELLING THEM WHERE THEY WHERE THEY'LL GO TO VOTE. THANK YOU. THANK YOU. OKAY. COMMISSIONERS, ITEM 15 DISCUSSION ACTION TO CONSIDER THE APPROVAL. [15. Discussion/Action to consider the approval that the 1st Assistant Auditor Mayra Castillo remain with full access to bank accounts & online banking for backup purposes for Auditors Office. Speaker: Judge Haden/ Danie Teltow; Backup: 1; Cost: None] AND THERE'S A CORRECTION ON THIS. CONSIDER THE APPROVAL THAT THE FIRST ASSISTANT AUDITOR JAN [INAUDIBLE] REMAIN WITH FULL ACCESS TO BANK ACCOUNTS AND ONLINE BANKING FOR BACKUP PURPOSES FOR THE AUDITOR'S OFFICE. MYRA HAS INFORMED US THAT SHE WILL BE MOVING ON. SHE'S GOING TO STAY ON FOR BEYOND A TWO WEEK NOTICE TO HELP WITH THE TRANSITION. AND DANNY, GO AHEAD. YES. SO AFTER HER LETTING ME KNOW THAT SHE WAS GOING TO RESIGN, SHE IS STAYING UNTIL THE 29TH. SO SHE'S GIVING US THREE WEEKS. I HAVE STARTED POSTING THE JOB DESCRIPTION FOR HER POSITION AND SHE'S MORE THAN HAPPY TO SIT ON THOSE INTERVIEWS AS WELL. SHE WAS GOING TO REMAIN ON THE BANK ACCOUNTS AND THE ONLINE BANKING. SHE HAS ALREADY BEEN REMOVED. I HAVEN'T ADDED ANYBODY ELSE. I JUST WANTED TO RUN THIS THROUGH COURT FIRST AND GET APPROVAL. SO ANY QUESTIONS, COMMISSIONERS, IF NOT, WOULD LOOK FOR A MOTION TO APPROVE ITEM 15. AND I JUST WANT TO MAKE A SIDE NOTE. I KNOW ON THE COUNTY WEBSITE IT STILL HAS MYRA [INAUDIBLE] ON THAT AGENDA ITEM. SO I JUST WANTED TO PUT IT IN THE MINUTES THAT YEAH, I JUST WANTED TO PUT IT IN THE MINUTES THAT IT WILL BE JAN [INAUDIBLE]. OKAY. OKAY. ANYTHING ELSE SO THAT YOU DON'T NEED TO ACT ON THIS IN THE FUTURE. IF JAN EVER DECIDES TO LEAVE, WOULD YOU PREFER TO APPROVE IT AS A POSITION? THE POSITION HAS ACCESS. OR THE INDIVIDUAL PERSON. THE POSITION. THE POSITION? YES. IN WHICH CASE, I WOULD SUGGEST THAT YOU MODIFY THE MOTION TO BE THE POSITION ONLY AND NOT THE INDIVIDUAL PERSON. OKAY. OKAY. SO, COMMISSIONERS, WE'D LOOK FOR A MOTION TO APPROVE THAT THE FIRST ASSISTANT AUDITOR POSITION REMAIN WITH FULL ACCESS TO BANK ACCOUNTS AND ONLINE BANKING FOR BACKUP PURPOSES FOR THE AUDITOR'S OFFICE. DO WE HAVE A SECOND? WE HAVE A MOTION AND A SECOND. ALL IN FAVOR SAY AYE. OPPOSE HEARING NONE. MOTION CARRIES. ITEM 16 DISCUSSION ACTION TO CONSIDER AN AMENDMENT TO THE EMPLOYMENT CONTRACT BETWEEN [16. Discussion/Action to consider approval of an amendment to an employment contract between CaldwellCounty and Miles Smith. Speaker: Judge Haden; Backup: 2; Cost: TBD] CALDWELL COUNTY AND MILES SMITH. WE APPROVED THE CONTRACT LAST COMMISSIONERS COURT WITH UNANIMOUS VOTE, HOWEVER, IN REVIEWING IRS REQUIREMENTS FOR A CONTRACT EMPLOYEE, THAT IS A DIRECT REPORT AND IS DIRECTED BY SOMEONE HERE AT THE COUNTY. THEY HAVE TO THEIR STILL CONTRACT, BUT THEY HAVE TO. WE HAVE TO TAKE OUT FICA WITHHOLDING AND ALL THE THINGS WE DO FOR ANY OTHER EMPLOYEE. SO THAT'S THE MODIFICATION. OKAY. BUT YOU ALSO ADDED IT IN HERE FOR THE I UNDERSTAND ABOUT THE [INAUDIBLE] YOU ADDED IN HERE THE BENEFITS, WHICH WE WASN'T ALLOWING. RIGHT. THE INSURANCE AND RETIREMENT AND ALL THAT ARE REQUIRED. [01:45:02] AND THE JOB HASN'T WENT OUT TO PUBLICIZED OUT FOR PEOPLE LIKE WE TALKED IN THE LAST [INAUDIBLE]. SINCE IT'S A CONTRACT EMPLOYEE, WE DO NOT HAVE TO DO THAT AT THIS TIME. WE STILL HAVE EVERY INTENTION OF PROCEEDING IN THE NEW BUDGET CYCLE IS EXACTLY AS DESCRIBED. SO IN THE CONTRACT, THEN WE JUST DO THE TAXES AND NOT DO THE INSURANCE AND ALL THAT. THE INSURANCE AND ALL THE OTHER BENEFITS ARE REQUIRED BY NATURE OF THE TYPE OF POSITION BECAUSE IT IS A FULL TIME POSITION. THAT'S THE THAT'S WHAT CAUSES THOSE THOSE CATCHES. IT SHOULD HAVE BEEN INCLUDED IN THE ORIGINAL CONTRACT AND THAT THAT WOULD BE A MISTAKE ON MY PART. BUT THIS IS THE THIS IS WHAT IS REQUIRED. YEAH, THIS IS IT'S STATUTORY UNDER FEDERAL LAW. YEAH. IT'S IRS REQUIREMENT. AND THEN I DON'T KNOW, JUST TO ADD SOMETHING TO CLARIFY, THE CONTRACT ENDS ON THE END OF THE LAST DAY OF THIS BUDGET CYCLE. AND THEN WE DO HAVE TO GO THROUGH THE MOTION OF PUTTING THAT POSITION OUT FOR THE PUBLIC TO APPLY, BECAUSE THEN, THEN THAT POSITION IS NO LONGER A CONTRACT EMPLOYEE. IT'LL BE A ACTUAL POSITION WITHIN THE COUNTY IF THAT HELPS. SO DID WE MAKE THE ERROR? IS IT JUST BECAUSE IT'S THE LENGTH OF TIME OF THIS CONTRACTING EMPLOYER, OR DID WE MAKE THE ERROR? NO. THE OTHER CONTRACT EMPLOYEES [INAUDIBLE]. YEAH, WE'VE CORRECTED WITH THOSE. THOSE OTHER ONES WILL ALSO BE CORRECTED. YES. SO WE'LL HAVE TO GO THROUGH THE SAME PROCESS FOR IT AS WELL. YEAH, THERE WAS A COUPLE. SCOTTY IS STILL UNDER CONTRACT RIGHT NOW AT THE OTHER COMPANY, BUT WHEN WE BRING HIM ON AS A CONTRACT EMPLOYEE, WE WILL HAVE TO DO THIS EXACT SAME THING. JUST WITHOUT THE AMENDMENTS BECAUSE WE HAVEN'T ACTUALLY DONE THE CONTRACT, BUT IT WILL REFLECT THESE CHANGES. RIGHT. GOT THAT. THERE WAS A COMMENT EARLIER DURING ONE OF THE HEARINGS THAT THIS THAT HAD CONCERNS ABOUT THIS SOMEHOW INSULATING US FROM THE PUBLIC. IT'S JUST THE OPPOSITE. WE INTEND THIS TO BE A WAY FOR US TO COMMUNICATE OUT TO THE PUBLIC ABOUT ALL MANNER OF THINGS. IT'S NOT INTENDED TO BE IT'S GOING TO BE VERY SIMILAR TO WHAT THE CITY OF LOCKHART HAS. IT'S GOING TO BE VERY SIMILAR TO WHAT THE SCHOOL DISTRICT HAS, WHERE WE USE THIS TO TELL A COUNTY STORY, TALK ABOUT WHAT WE'RE DOING, TALK ABOUT ISSUES AND HOW THE COUNTY IS PROCEEDING WITH IT. THERE'S AND I CAN'T SPEAK FOR THE COMMISSIONERS, BUT MY PERSONAL CELL PHONE NUMBER IS ON THE WEBSITE. MY EMAIL ADDRESS IS ON THE WEBSITE. MY OFFICE DOOR IS OPEN AND I HAVE PEOPLE WALK IN WITH NO APPOINTMENT ALL DAY LONG. SO THERE'S ABSOLUTELY ZERO ATTEMPT TO INSULATE AT LEAST MYSELF FROM THE PUBLIC. AND THAT WILL REMAIN SO. SO DO WE HAVE THAT GOVERNMENT CODE? I'M SORRY. YOU HAVE THAT GOVERNMENT CODE. SO THIS WAS THROUGH OUR DISCUSSIONS WITH TAC AND OTHER HR CONSULTANTS. I DON'T HAVE THE EXACT CODES BECAUSE IT'S PARTLY RELATED TO THE IRS CODE AND OTHER FEDERAL STATUTES. WE ARE DOING THIS TO STAY IN COMPLIANCE WITH THOSE FEDERAL STATUTES. AND I KNOW WE HAVE A PIO IN THE SHERIFF'S DEPARTMENT. YES. BUT HE'S DOESN'T PERFORM THE DUTIES THAT THIS ONE'S GOING TO PERFORM, COMMISSIONER. AND EVEN DURING THE LAST MEETING, YOU SAID YOU THOUGHT THIS WAS A GOOD IDEA, RIGHT? SO BUT NOT AS A TOTALLY FULL TIME UNTIL WE SEEN MY COMMENT WAS THAT UNTIL WE SEE HOW IT REACTS WITH THE PUBLIC, THAT WE SEE IT'S NECESSARY BEFORE WE CREATE IT AS A JOB POSITION. THAT'S WHAT I'M SAYING. RIGHT. WHICH IS EXACTLY WHAT WE'RE DOING. THAT'S WHY IT'S CONTRACT. BY NATURE OF HOW HE IS REPORTING, HE IS AN EMPLOYEE. AND THAT'S JUST THE NATURE OF OF HOW THE FEDS DEFINE WHAT AN EMPLOYEE IS VERSUS A CONTRACTOR. HOWEVER, THE EMPLOYEE THE EMPLOYMENT CONTRACT IS A SET TERMINATION DATE, WHICH IS GOING TO BE AT THE END OF THE BUDGET CYCLE. IF, OF COURSE, IF THE COMMISSIONERS CHOOSE NOT TO CREATE THAT POSITION, THEN THIS CONTRACT TERMINATES. SO I THINK I HAD I HAD A LOT OF EXPERIENCE WITH THIS IN MY PRIVATE BUSINESS FOR FIVE YEARS WHEN YOU DEAL WITH CONTRACT LABOR VERSUS EMPLOYEES. AND SO BUT ONE OF THE VERY IMPORTANT THINGS TO UNDERSTAND IS THAT THE WAY THE IRS VIEWS IT IS THEY DO NOT TAKE INTO CONSIDERATION THE WAY THAT YOU VIEW IT. IT'S JUST DOES THIS EMPLOYEE MEET THESE METRICS? [01:50:04] IT DOESN'T MATTER IF IT'S CONTRACT OR IF IT'S AN EMPLOYEE. IF IT MEETS THESE METRICS, BY FEDERAL LAW, YOU ARE REQUIRED TO PROVIDE THESE THESE THINGS. YOU KNOW, IT DOESN'T MATTER IF WE CALL IT A CONTRACT OR IF IT'S AN EMPLOYEE, THE IRS, THE WAY THAT THEY ARE, THE WAY THAT THEIR CODE IS CONSTRUCTED, THEY MANDATE THAT YOU PROVIDE THESE CERTAIN ITEMS. AND THAT'S JUST THE WAY THAT IT IS. I HAD TO DO THAT FOR FIVE YEARS. IT DOESN'T MATTER WHAT I THOUGHT OF IT JUST THE WAY THAT IT WAS. AND SO, YOU KNOW, IT'S STILL A CONTRACT BY DEFINITION, BUT IT STILL HAS. LIKE CHASE JUST SAID, IT STILL HAS A TERMINATION DATE, WHEREAS A NORMAL EMPLOYEE DOESN'T HAVE THAT, BUT YOU'RE STILL STATUTORILY REQUIRED TO PROVIDE THESE THINGS UNDER FEDERAL LAW. SO THAT'S. YES, COMMISSIONER, THAT'S I'VE DEALT WITH THIS MULTIPLE TIMES IN THE PAST. SO WITH THAT BEING SAID, I'LL MAKE A MOTION TO APPROVE ITEM 16. 17. 17. OH 17. EXCUSE ME. THAT'S OKAY. NO, NO, IT'S 16. 16. YEAH, 16. I FLIPPED OVER TO THE NEXT THING. SORRY. MY BAD. OKAY. WE HAVE A MOTION TO APPROVE ITEM 16. DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION AND SECOND ALL IN FAVOR SAY AYE. AYE. OPPOSED HEARING NONE MOTION CARRIES. [17. Discussion/Action to consider the creation of Public Information Officer employee code, position in Incode. Speaker: Judge Haden/ Danie Teltow; Backup: 2; Cost: $35,638.00] ITEM 17 DISCUSSION ACTION TO CONSIDER THE CREATION OF PUBLIC INFORMATION OFFICER, EMPLOYEE CODE, POSITION AND IN CODE. THIS IS JUST SO THAT WE CAN CREATE THE POSITION AND PAY HIM. WE HAVE A MOTION TO APPROVE ITEM 17. I SO MOVE. WE HAVE A MOTION. DO WE HAVE A SECOND. SECOND. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR. SAY AYE. OPPOSE HEARING NONE. MOTION CARRIES. ITEM 18 DISCUSSION ACTION TO CONSIDER THE APPROVAL OF BUDGET AMENDMENT 42 TO FIND THE [18. Discussion/Action to consider the approval of Budget Amendment #42 to fund position of Public Information Officer. Judge Haden/ Danie Teltow; Backup: 3; Cost: $35,638.00] POSITION OF PUBLIC INFORMATION OFFICER COST $35,638. DO WE HAVE A MOTION TO APPROVE BUDGET AMENDMENT 42? SO MOVED. WE HAVE A MOTION. DO WE HAVE A SECOND. SECOND. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR SAY AYE. OPPOSE HEARING. MOTION CARRIES ITEM 19 DISCUSSION ACTION TO CONSIDER THE APPROVAL OF BUDGET AMENDMENT 43 [19. Discussion/Action to consider the approval of Budget Amendment #43 to transfer money from (001-6510-4860) Contingency to (001-6600-4110) Professional Services for American Structurepoint Services. Speaker: Judge Haden/ Danie Teltow; Backup: 4; Cost: Net Zero] TO TRANSFER MONEY FROM 00165104860 CONTINGENCY TO 00166004110. PROFESSIONAL SERVICES FOR AMERICAN STRUCTURE POINT WE WILL BE . I CAN KIND OF ELABORATE IF YOU'D LIKE ME. THAT'LL BE GREAT DANIELLE. SO ORIGINALLY WHEN WE WENT OUT FOR RFQ FOR THE STATE HIGHWAY 142 PROJECT, THAT CONTRACT THAT WE WENT INTO WITH AMERICAN STRUCTURE POINT WAS THE OVERALL 500,000. AT THE END OF LAST BUDGET YEAR, WE STILL HAD A REMAINING AMOUNT OF 400,000 THAT WE HADN'T SPENT WITH AMERICAN STRUCTURE POINT IN THE BUDGET PROCESS. WE FORGOT TO PLACE IT INTO OUR PROFESSIONAL SERVICES. THE MONEY IS STILL THERE. IT JUST WENT BACK IN THE GENERAL FUND. SO WE'RE NOW I REACHED OUT TO AMERICAN STRUCTURE POINT. WE'RE RECEIVING ONE INVOICE A MONTH AND IT RANGES BETWEEN 13 TO 18,000 DOLLARS. IT HASN'T REACHED 18,000. I JUST KIND OF CUSHIONED THAT. THE HIGHEST INVOICE WE'VE RECEIVED IS 17,000. SO JUST IN ESSENCE, I DID 18,000 TIMES SIX. THE REMAINING OF THIS OF THIS BUDGET CYCLE, WHICH GOT THE 108,000 TO ENCUMBER FOR ANY EXPENSES THROUGHOUT THE REST OF THIS BUDGET CYCLE. WE WON'T MAKE THAT SAME MISTAKE GOING FORWARD IN THE NEXT BUDGET CYCLE SO. WE HAVE NOT CREATE A LINE ITEM FOR IT. YEAH. ANY QUESTIONS COMMISSIONERS? IF NOT LOOK FOR A MOTION TO APPROVE ITEM 19. SO MOVE. WE HAVE A MOTION. DO WE HAVE A SECOND? WE HAVE A MOTION. A SECOND. ALL IN FAVOR. SAY AYE. OPPOSE HEARING NONE. MOTION CARRIES ITEM 20 DISCUSSION ACTION TO CONSIDER THE APPROVAL FOR REQUISITION 0159 [20. Discussion/Action to consider the approval for requisition REQ01594 for American Structurepoint SH 142 project for FY 21-22 expenses in the amount of $108,000.00. Speaker: Judge Haden/ Danie Teltow; Backup: 5; Cost: $180,000.00] FOR AMERICAN STRUCTURE POINT S.H. 142 PROJECT FOR FY 21-22 EXPENSES IN THE AMOUNT OF $108,000. THAT IS GOING TO BE A TYPO. IT SHOULD IT BE 180, NOT 108. THAT WAS A TRANSPOSED. OKAY. SO IT SHOULD BE 180,000. JUST ALONG THE SAME LINES, WE'RE JUST ENCUMBERING THOSE FUNDS FOR THE REMAINDER OF THIS YEAR TO USE AS A BLANKET PURCHASE ORDER TO RECEIPT THOSE INVOICES WHEN THEY COME IN. OKAY. WE HAD THE SAME TYPO ON ITEM 19, SO WE NEED TO CORRECT THAT AS WELL. THAT SHOULD BE 180, NOT 108. NO, IT SHOULD BE 108,000. NOT ONE 180. SO. SO THE REQUISITION FOR 108,000. [01:55:04] THAT IS CORRECT. THE TYPO IS THE 180,000. MY OKAY. OH I SEE. ON THE COST. MINE SAYS 108 RIGHT HERE. OKAY. GOTCHA. ALL RIGHT. SO 108. THAT'S A GOOD DIFFERENCE. YEAH, YEAH, YEAH. OKAY. SO DO WE HAVE A MOTION TO APPROVE REQUISITION 01594. SO MOVE AS AMENDED. WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION AND SECOND ALL IN FAVOR SAY AYE. OPPOSE HEARING NONE MOTION CARRIES. ITEM 21 DISCUSSION ACTION TO CONSIDER THE APPROVAL TO PAY AMERICAN STRUCTURE POINT INVOICE [21. Discussion/Action to consider the approval to pay American Structurepoint invoice #148522 for $17,642.00 and invoice #147870 for $13,128.75. Speaker: Judge Haden/ Danie Teltow; Backup: 4; Cost: $30,770.75] NUMBER 1485224 $17,642 AND INVOICE 1478704 $13,128.75. COMMISSIONERS, DO WE HAVE MOTION TO APPROVE THE TWO INVOICES? ABSOLUTELY. WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR. SAY AYE. AYE. OPPOSE HEARING NONE MOTION CARRIES. ITEM 22 DISCUSSION ACTION TO RATIFY A RELEASE AGREEMENT BETWEEN CALDWELL COUNTY AND [22. Discussion/Action to ratify a release agreement between Caldwell County and Melvin Gurley. Speaker: Judge Haden/ Chase Goetz; Backup: 1; Cost: $640.00] [INAUDIBLE] COST $640 CHASE. COMMISSIONER [INAUDIBLE], YOU REMEMBER WE DISCUSSED THIS IN A CLOSED MEETING A COUPLE OF WEEKS AGO LAST WEEK IT WAS SET FOR THE AGENDA, BUT MR. GURLEY HADN'T COME BY TO SIGN THE PAPERWORK. HE HAS COME BY, SIGNED IT, AND WE ARE LOOKING FOR APPROVAL OF THAT OR RATIFICATION OF THAT AGREEMENT. OKAY, COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE ITEM 22? SO MOVED. WE HAVE A MOTION, DO WE HAVE A SECOND? SO WE HAVE A MOTION. AND SECOND, ALL IN FAVOR SAY AYE. AYE. OPPOSED HEARING NONE. MOTION CARRIES OUT OF 23 DISCUSSION ACTION TO CONSIDER APPROVAL OF PAYMENT TO MR. [23. Discussion/Action to consider approval of payment to Mr. Melvin Gurley in the amount of $640.00. Speaker: Judge Haden/ Chase Goetz; Backup: 1; Cost: None] MELVIN GURLEY IN THE AMOUNT OF $640. WE HAVE A MOTION TO PREPAYMENT COMMISSIONERS. SO MOVED. DO WE HAVE A MOTION? DO WE HAVE A SECOND? SECOND. WE HAVE MOTION AND SECOND ALL IN FAVOR SAY AYE. AYE. OPPOSE HEARING NINE MOTION CARRIES. ITEM 24 DISCUSSION ACTION TO CONSIDER APPROVAL OF THE FY 2023 CALDWELL COUNTY BUDGET [24. Discussion/Action to consider approval of the FY 2023 Caldwell County Budget Calendar. Speaker: Judge Haden/ Ezzy Chan; Backup: 2; Cost: None] CALENDAR. COMMISSIONERS YOU HAVE IT THERE BEFORE YOU. THAT IS THE PROCESS WE WILL FOLLOW AS YOU CAN. GO AHEAD. AND WE'RE JUST TRYING TO STICK TO THIS CALENDAR AS CLOSE AS POSSIBLE. WE HAVE THE COMMISSIONERS COURT DATES ON THERE. WE HAVE THE BUDGET CALENDAR. I MEAN, THE BUDGET WORKSHOPS. WE COULD ALWAYS CHANGE THOSE IF WE NEED TO. WE HAVE TO SET THE PROPOSED BUDGET EARLY IN AUGUST. AND AGAIN, WE HAVE UP UNTIL THE 30TH OF SEPTEMBER TO APPROVE THE BUDGET. SO BUT IT'S THERE. AND AS YOU CAN SEE FROM MAY 30TH TO JULY 1ST, WE'LL BE MEETING THE AUDITOR AND I WILL MEET WITH ALL THE DEPARTMENT HEADS TO DISCUSS THEIR BUDGET. AND AND I'LL BE SENDING OUT NOTIFICATION TO ALL THE ELECTED OFFICIALS FOR THEIR SALARIES. KEEP IN MIND THAT WE'RE STILL GOING WITH THE FIVE YEAR STEP THAT JUDGE HAYDEN HAD SET A COUPLE OF YEARS AGO. SO I BELIEVE THIS IS WHAT, YEAR FOUR? YEAR FOUR? YES. SO WE'LL BE SENDING THAT OUT TO YOU GUYS, HOPEFULLY IN MAY IF SOMETIME. HAVE ANY QUESTIONS FOR ME? COMMISSIONERS. JUDGE IN OUR MAYBE THE 26TH MEETING OF APRIL OR EITHER THE 10TH OF MAY. COULD WE HAVE POSSIBLY HAVE AN OPPORTUNITY? YOU KNOW, I KNOW YOU'RE STILL WAITING. YOU'LL STILL HEAR ALL THE PROPOSALS FROM THE DEPARTMENT HEADS. BUT IS THERE AN OPPORTUNITY EARLY ON FOR THE COURT AS A WHOLE TO KIND OF GIVE SOME EARLY WEEKEND GUIDANCE OR NOT GUIDANCE AS WELL OR KIND OF GOALS AS AS FAR AS PRIORITIES FOR PROJECTS, EXPENDITURES, THOSE AREAS? SURE. WE COULD DO THAT. WE COULD HAVE A WORKSHOP EARLY ON. IT WOULD JUST HAVE TO BE OFF OF OUR EXISTING BUDGET BECAUSE WE WON'T HAVE ANYTHING TO PROPOSE. NO, I UNDERSTAND THAT. YEAH. AND. AND I DON'T EVEN THINK IT'D BE, LIKE, SPECIFIC. YOU KNOW WE'D LIKE TO DEDICATE THIS THIS YEAR. IT'D BE JUST MORE OF A DISCUSSION ABOUT AS A CORE. WE REALLY FEEL LIKE ROADS ARE THE MOST IMPORTANT THING. SURE. OR SOMETHING ALONG THOSE LINES TO US RIGHT NOW. [02:00:02] AND NOT ANY DISCUSSIONS REGARDING MONEY OR ARE THOSE THINGS JUST BROAD PRIORITIES? YEAH, WE CAN DO THAT. WE CAN WE COULD PROBABLY SET A WORKSHOP FOR EITHER OF THOSE DATES. YOU WANT TO DO IT FIRST. THE FIRST COMMISSIONERS COURT IN MAY. SURE. MAY 10TH. I'LL HAVE A WORKSHOP FOLLOWING THAT COMMISSIONERS COURT TO DISCUSS PRIORITIES FOR THE COURT. OKAY. OKAY. BETCHA. I WILL SAY THAT THE ROADS HAVE IMPROVED A LOT. THEY GETTING BETTER. THEY'RE GETTING A LOT BETTER. YOU KNOW, AND THAT'S THAT WAS MY INTENTION IS, YOU KNOW, WE'VE PUT A LOT OF FOCUS ON LAW ENFORCEMENT THE LAST THREE YEARS. WE'RE GOING TO HAVE, IN MY OPINION, FROM MY PERSPECTIVE, ONLY, YOU KNOW, A PRIORITY IS GOING TO NEED TO BE ROADS AND HOW WE'RE GOING TO GET THOSE PAID FORWARD. AND YEAH, AND ALSO, YOU KNOW, WE'RE GOING TO HAVE TO AT SOME POINT, MANY OF OUR COUNTY ROADS, PARTICULARLY IN THE NORTH WESTERN QUADRANT OF OUR COUNTY, THERE'S GOING TO BE START BEING RIDE AWAY ISSUES WITH DEVELOPERS. AND SO WE NEED TO BE COGNIZANT OF THAT AS WE GO FORWARD. SO I THINK THAT'S A GREAT IDEA. COMMISSIONER, TO DO THAT. ALL RIGHT. AT THIS POINT, THOUGH, WE'RE JUST LOOKING FOR A TO CONSIDER APPROVAL OF THE CALENDAR. WITH THE MODIFICATION OF A WORKSHOP ON THE 10TH. I SO MOVE APPROVAL OF THE BUDGET CALENDAR WITH THEM. THE MODIFICATION OF A BUDGET WORKSHOP ON THE 10TH. WE HAVE A MOTION. DO WE HAVE A SECOND? WE HAVE A MOTION AND A SECOND. ALL IN FAVOR. SAY AYE. OPPOSED HEARING NONE. MOTION CARRIES. ITEM 25 DISCUSSION ACTION TO CONSIDER THE APPROVAL OF THE FINAL PLAT FOR [25. Discussion/Action to consider the approval of the Final Plat for Lytton Hollow Subdivision consisting of 9 lots on approximately 18.5 acres on FM 1854. Speaker: Commissioner Roland/ Kasi Miles; Backup: 32; Cost: None] LITTON HOLLOW SUBDIVISION, CONSISTING OF NINE LOTS ON APPROXIMATELY 18.5 ACRES ON FM 1824. OKAY, GOOD MORNING. IF YOU'LL SEE IN ALL OF THE BACK UPS, TRACY'S RECOMMENDATION OF APPROVAL LETTER WAS INCLUDED. ALL COMMENTS HAVE BEEN ADDRESSED AND ALL FEEDS ARE COLLECTED TO THIS POINT, AND I'M REALLY JUST LOOKING FOR AN APPROVAL SO WE CAN CLOSE THIS SUBDIVISION OUT. I'LL MAKE THE MOTION TO APPROVE THE FINAL PLAT FOR LITTON HOLLOW SUBDIVISION, CONSISTING OF NINE LOTS ON THE APPROXIMATELY 18.5 ACRES ON FM 1854. OKAY, THANK YOU. WE HAVE A MOTION. DO WE HAVE A SECOND? WE HAVE MOTION A SECOND ON FAVOR. SAY AYE. OPPOSED HEARING NONE. MOTION CARRIES. ITEM 26 DISCUSSION ACTION TO CONSIDER THE APPROVAL OF THE FINAL PLAT FOR OAK LAWN ESTATES [26. Discussion/Action to consider the approval of the Final Plat for Oakmont Estates consisting of 12 lots on approximately 31.28 acres on FM 672. Speaker: Commissioner Roland/ Kasi Miles; Backup: 24; Cost: None] CONSISTING OF 12 LOTS ON APPROXIMATELY 31.28 ACRES ON FM 672. OKAY EXACT SAME SCENARIO. ALL COMMENTS HAVE BEEN ADDRESSED. TRACY IS RECOMMENDING APPROVAL. I'VE COLLECT ALL FEES AND YOU'LL SEE EVERYTHING IN THE ATTACHMENT. IT'S READY TO BE COMPLETED. I WILL MAKE THE MOTION TO APPROVE THE FINAL PLAT FOR OAK MOUNT ESTATES CONSISTING OF 12 LOTS ON APPROXIMATELY 31.28 ACRES ON FM 672. WE HAVE MOTION THAT WE HAVE AND A SECOND. SECOND. WE HAVE A MOTION AND SECOND ALL IN FAVOR SAY AYE. OPPOSE HEARING THE MOTION CARRIES. [27. EXECUTIVE SESSION] ITEM 27 WE'RE GOING TO GO INTO EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.087. THE DISCUSSION OF DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT BUCKY'S POSSIBLE ACTION MAY FOLLOW IN OPEN COURT, AND WE ARE IN EXECUTIVE SESSION AT 1104. OKAY. WE'RE BACK. WE'RE GOING TO GO AHEAD AND END EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE SECTION FIVE 51.087 DISCUSSION ACTION OF LIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT BUCKY'S POSSIBLE ACTION TO FOLLOW IN OPEN COURT. AND WE ARE ENDING EXECUTIVE SESSION AT 11:21 AND WILL MOVE TO ITEM 28 DISCUSSION ACTION [28. Discussion/Action to consider taking action on Executive Session. Speaker: Judge Haden; Backup: 1; Cost: None] DISCUSSION TO CONSIDER TAKING ACTION ON EXECUTIVE SESSION COMMISSIONERS. WE WENT OVER THE 381 AGREEMENT OUTLINING THE REBATE THAT BUCKY'S HAS ASKED FOR TO REMAIN IN CALDWELL COUNTY AND BUILD THEIR NEXT STORE RIGHT NEXT DOOR TO THE STORE. THEY HAVE MUCH LARGER STORE. AND SO WE NEED TO I WOULD LOOK FOR A MOTION TO APPROVE THE 381 AGREEMENT BETWEEN CALDWELL [02:05:05] COUNTY AND BUCKY'S. OKAY. WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND WE HAVE EMOTION. AND SECOND, ALL IN FAVOR. SAY AYE. AYE. OPPOSE HEARING NONE. MOTION CARRIES ITEM 29. THEY HAVE A MOTION TO ADJOURN. WE HAVE A MOTION TO ADJOURN. WE HAVE A SECOND. SECOND. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR. SAY AYE. AYE. OPPOSED HEARING NONE. MOTION CARRIES. * This transcript was compiled from uncorrected Closed Captioning.