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>> GOOD MORNING EVERYBODY.

[00:00:02]

THANK YOU FOR COMING THIS MORNING.

WE'RE GOING TO CALL THE MEETING TO ORDER THIS 24TH DAY OF MAY 2022 AT 9:00 AM AND COMMISSIONER ROLAND WOULD YOU LEAD US IN THE INVOCATION?

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

FATHER IT'S ONCE AGAIN, THAT THIS WEAKENED AND HUMBLE SERVANT IS STANDING HERE IN FRONT OF THIS COURT JUST TO SAY THANK YOU. THANK YOU LORD.

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

LORD SOMETIMES I FORGET TO PRAY AND I HOPE THAT YOU WILL FORGIVE ME FOR THAT BECAUSE I'M TRYING MY BEST TO MAKE IT UP EACH AND EVERY DAY.

LORD, I THANK YOU FOR ALL YOU'VE DONE AND ALL THAT YOU ARE GOING TO DO.

I THANK YOU JUST FOR BEING GOD ALL BY YOURSELF.

LORD, I JUST PRAY RIGHT NOW THAT WE GET A LITTLE BIT OF RAIN BECAUSE IT'S DRY OUT THERE AND WE NEED IT.

AND LORD I THANK YOU FOR ALL THE PEOPLE THAT'S COME HERE JUST TO HEAR WHAT'S GOING ON TODAY.

THESE AND OUR BLESSINGS AND I STATE IN JESUS' NAME. AMEN.

>> AMEN.

>> COMMISSIONERS, DO WE HAVE ANNOUNCEMENTS THIS MORNING?

[Announcements]

>> THE ONLY ANNOUNCEMENT I HAVE, I WOULD JUST LIKE TO CONGRATULATE ALL THE KIDDOS AND ALL THE SCHOOL DISTRICTS IN THE COUNTY ON A SUCCESSFUL SCHOOL YEAR AND IN SPECIFICITY TO THE GRADUATING SENIORS.

I WISH ALL OF YOU-ALL THE BEST OF LUCK IN EVERYTHING THAT'S BEFORE YOU, AND THAT'S ALL I HAVE.

>> COMMISSIONER SHELTON

>> I'LL DENOTE THE SAME AS COMMISSIONER WESTMORELAND.

LOT OF SCHOOLS GRADUATING SENIORS, LOTS OF KIDS GOING OUT IN THEIR WORK FORCE AND HOPE THAT A LOT OF THE BUSINESSES WILL FIND SOME EMPLOYEES TO HELP THEM OUT AND THESE KIDS GET OUT THERE AND BRING BACK OUR ECONOMY THE WAY IT NEEDS TO BE.

>> THANK YOU. COMMISSIONER [INAUDIBLE].

>> NO REPORT, DIRECTOR.

>> COMMISSIONER ROLAND.

>> NO REPORTS.

>> I HAVE NONE. HAZY HAS AN ANNOUNCEMENT THIS MORNING.

.>> HELLO, EVERYBODY.

AGAIN, JUST WANT TO REMIND EVERYBODY THAT THE UPLOADING OF YOUR BUDGETS FOR NEXT YEAR IS DUE ON FRIDAY, THE 27TH BECAUSE WE ARE GOING TO START SCHEDULING EVERYBODY TO HAVE BUDGET HEARINGS WITH JUDGE AND THEN WE WILL HAVE OUR FIRST BUDGET WORKSHOP ON THE 14TH, SO THIS NEXT COMING COMMISSIONERS COURT.

IF YOU HAVE ANY QUESTIONS, ANY PROBLEMS WITH YOUR BUDGET, OR UPLOADING, OR WANTING TO KNOW HOW TO DO IT, GIVE ME A CALL.

KRISTIANNA, WE CAN WALK YOU THROUGH IT.

WE CAN DO A TEAMS WHERE WE CAN VIEW YOUR SCREEN SO AND IF NOT I CAN GO MEET YOU IN YOUR OFFICE.

AGAIN IF YOU HAVE ANY QUESTIONS, GIVE US A CALL.

>> DENNIS.

>> GOOD MORNING, JUDGE, COMMISSIONERS.

I JUST WANTED TO REMIND YOU, WE FINALLY GOT THE TCEQ CONTRACTS FOR OUR COMMUNITY CLEANUP EVENTS APPROVED THIS WEEK, AND I JUST WANT TO CONFIRM THAT OUR FIRST EVENT IS JUNE 11TH AND IT'S THE TIRE ONLY COLLECTION EVENT, AND IT WILL BE OUT AT MAXWELL AT 9675 HIGHWAY 142 FROM 8:00 AM-3:00 PM AND THERE'S FLYERS THAT'LL BE POSTED AROUND THE COUNTY.

THEY'RE POSTED ON SEVERAL SOCIAL MEDIA PLATFORMS, SO WORDS SHOULD BE AVAILABLE TO REMIND EVERYONE ABOUT THAT EVENT ON JUNE 11TH.

>> THANK YOU. ANY OTHER STAFF ANNOUNCEMENTS? WITH THAT, WE'LL GO TO CITIZENS COMMENTS.

[Citizens' Comments]

>> CATHERINE GLAZE.

>> GOOD MORNING. I MAINLY WANTED TO ANNOUNCE ABOUT OUR 4TH OF JULY CELEBRATION IN MARTINDALE.

WE'RE STARTING OFF THURSDAY NIGHT WITH A MOVIE FROM THE LIBRARY IN THE GREEN SPACE, AND THEN FRIDAY NIGHT WE'LL HAVE A BIG BAND.

SATURDAY WE'LL HAVE A CARNIVAL, DUNK YOUR MAYOR IF YOU WANT [LAUGHTER], AND JUST LOTS OF FUN EVENTS AND THEN AGAIN A BIG BAND ON SATURDAY NIGHT.

SUNDAY WE'LL HAVE A MARKET AND TWO-STEPPING.

THERE WILL BE SOMEBODY TEACHING YOU TO TWO-STEP, AND THEN OF COURSE THE PARADE ON THE 4TH OF JULY ON MONDAY AND JUST CALL ME IF YOU HAVE ANY QUESTIONS. THANK YOU.

[00:05:03]

>> THANK YOU.

>> THANK YOU MAYOR.

>> NO MORE CITIZEN'S COMMENTS?

>> CAN I SAY SOMETHING?

>> SURE.

>> GOOD MORNING JUDGE AND COMMISSIONERS.

I JUST WANT TO LET EVERYBODY KNOW WE WERE SHORT STAFFED FOR A LITTLE BIT, BUT I DID GET TWO LADIES HIRED.

OUR NEW PAYROLL/ASSISTANT AUDITOR IS ALISON WHITAKER AND OUR NEW INTERNAL AUDITOR; ASSISTANT AUDITOR, IS GLORIA GARCIA.

I WILL HOPEFULLY AT THE END OF THIS BE ABLE TO INTRODUCE YOU GUYS.

>> VERY GOOD. THANK YOU. ANY OTHER ANNOUNCEMENTS? WE'LL MOVE TO CONSENT, COMMISSIONERS.

[CONSENT AGENDA ]

ANY DISCUSSION, IF NOT I'D LIKE FOR THE MOTION TO APPROVE.

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

>> WE HAVE A MOTION TO APPROVE CONSENT, DO WE HAVE A SECOND?

>> SECOND.

>> MOTION AND A SECOND.

ANY FURTHER DISCUSSION? IF NOT ALL IN FAVOR SAY AYE.

>> AYE [BACKGROUND].

>> OPPOSED HEARING NONE, MOTION CARRIES.

ITEM 7, DISCUSSION ACTION REGARDING THE BURN BAN.

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

ANYBODY HERE [INAUDIBLE]?

>> MORNING EVERYBODY.

>> MORNING.

>> I'M JUST GOING TO GIVE YOU A LITTLE UPDATE ON OUR KVDR NUMBERS.

MINIMUM HAS BEEN FOR 493, THE MAXIMUM IS 601, WE'VE AVERAGED ABOUT 531.

OUR HAINES INDEX HAS BEEN FLUCTUATING ANYWHERE FROM THREE UP TO SIX, WITH SIX BEING THE MAX.

EVERYBODY HAS BEEN BEHAVING IN THE COUNTY, I'D LIKE TO COMMEND ALL THE CITIZENS.

WE'VE BEEN REALLY FORTUNATE NOT HAVING MANY FIRES AS DRY AS IT'S GETTING.

THERE'S A LOT OF CONTRACTORS CLEARING BRUSH RIGHT NOW, SO I'D LIKE TO TRY TO LEAVE THE BURN BAN OFF IF THAT'S OKAY.

>> THANK YOU.

>> TO GIVE THEM A CHANCE.

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

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

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE [BACKGROUND].

>> OPPOSED HEARING NONE, MOTION CARRIES. THANK YOU.

[NOISE] ITEM 9, DISCUSSION ACTION TO CONSIDER AND TAKE POSSIBLE ACTION ON RESOLUTION 332022, A RESOLUTION OF INTENT TO ESTABLISH THE CALDWELL COUNTY PACE PROGRAM.

>> [INAUDIBLE]

>> OH MY, SORRY, WE MISSED IT.

I HAD A NOTE ON TOP OF EIGHT, SO I THOUGHT I WAS DONE WITH IT [LAUGHTER].

A DISCUSSION TO INTRODUCE AND BRIEFLY EXPLAIN HOMEOWNERS ASSOCIATION FUND,

[8. Discussion to introduce and briefly explain the Homeowners Assistance Fund, providing homeowners with grant for delinquent property taxes and late mortgage payments]

PROVIDING HOMEOWNERS WITH GRANT FOR DELINQUENT PROPERTY TAXES AND MORTGAGE PAYMENTS.

SORRY ABOUT THAT, JJ.

>> I SEE YOU'RE TRYING TO SKIP ME, JUDGE [LAUGHTER]. I APPRECIATE THAT.

JUDGE AND COMMISSIONERS, THANK YOU.

GLAD TO BE BACK HERE FOR ANYBODY WHO DOESN'T KNOW ME, MY NAME IS JJ WELLS.

I WORK WITH WEINBERGER.

WE'RE A LAW FIRM THAT DOES DELINQUENT PROPERTY TAX COLLECTIONS FOR MOST OF THE TAXING ENTITIES HERE IN THE COUNTY AND BECAUSE OF THE TIME OF THE YEAR, IT SOUNDS LIKE Y'ALL ARE STARING DOWN OUR BUDGET SEASON AS WELL.

I KNOW HOW THAT GOES. I FIGURED YOU-ALL PROBABLY GETTING A LOT OF CALLS ABOUT PROPERTY TAXES, VALUES, RATES, ALL THAT STUFF.

THOUGHT IT'LL BE A REALLY GOOD TIME TO COME AND INTRODUCE THE COURT.

JUST SPREAD AWARENESS OF A PROGRAM THAT'S OUT THERE THAT CAN HELP A LOT OF PEOPLE THAT HAVE FALLEN BEHIND BASED ON COVID TO STAY IN THEIR HOMES.

I'M SURE THIS COURT IS VERY FAMILIAR WITH THE AMERICAN RESCUE PLAN, THE FEDERAL LEGISLATION THAT MADE FUNDS AVAILABLE TO STATE AND LOCAL GOVERNMENTS TO HELP WITH THE ECONOMIC EFFECTS OF COVID-19.

THE TEXAS DEPARTMENT OF HOUSING URBAN COMMUNITY AFFAIRS IS ADMINISTERING A PROGRAM CALLED THE HOMEOWNER'S ASSISTANCE FUND THAT MAKES UP TO $2500 IN GRANTS AVAILABLE TO QUALIFIED HOMEOWNERS TO PAY OFF DELINQUENT PROPERTY TAXES, MORTGAGE PAYMENTS THAT THEY MISSED AS A RESULT OF COVID.

THE QUALIFICATIONS ARE PRETTY BROAD AND BASED ON A LOT OF THE DATA THAT WE CAN SEE FROM THE TAX OFFICE AND INTERNALLY AT THE OFFICE.

IT LOOKS LIKE THERE'S A LOT OF PEOPLE THAT COULD POTENTIALLY QUALIFY FOR THIS PROGRAM AND LIKE I SAID, I THINK IT'D BE GOOD IDEA TO JUST PLANT THIS BUG IN THE COURT'S EAR AND GET THE WORD OUT THAT THIS IS OUT THERE TO HELP PEOPLE.

I HAVE A HANDOUT THAT'S IN THE BACKUP THAT I'LL LEAVE IN THE JUDGE'S OFFICE IF THAT'S WHAT YOU GUYS WANT TO DO.

BUT REALLY THE REQUIREMENTS ARE PRETTY BROAD.

AGAIN, YOU HAVE TO HAVE HOUSEHOLD INCOME AT OR BELOW THE AREA, MEDIAN INCOME, WHICH I THINK FOR THIS AREA IS ABOUT $98,800.

THAT'S A THRESHOLD WHERE HALF THE HOUSEHOLDS IN THE COUNTY ARE GOING TO MEET THAT INCOME THRESHOLD.

YOU HAVE TO OWN YOUR HOME AND OCCUPY IT AS YOUR PRIMARY RESIDENCE.

WE'RE MOSTLY TALKING ABOUT HOMESTEADS AND THIS ONE IS THE MAIN ONE FOR THIS MONEY,

[00:10:03]

IS THAT YOU HAVE TO HAVE EXPERIENCED A QUALIFIED FINANCIAL HARDSHIP AFTER JANUARY 21ST OF 2020.

WHAT'S GOOD ABOUT THAT? THE WAY THAT THAT'S DEFINED IS THAT IT'S REALLY BROAD.

IT JUST MEANS THAT YOU LOST SOME INCOME OR YOU HAD INCREASED EXPENSES AS A RESULT OF THE PANDEMIC AND THAT'S PROBABLY GOING TO COVER QUITE A FEW PEOPLE.

AS YOU PROBABLY KNOW, YOU HAVE TO, OF COURSE, SHOW SOME REQUIRED DOCUMENTS TO GO ALONG WITH THAT TO PROVE UP YOUR ELIGIBILITY.

BUT I WAS LOOKING INTO THE PROGRAM AND IT'S ACTUALLY REALLY BROAD.

IT'LL COVER CERTAIN THINGS EVEN RENOVATIONS AND MADE TO YOUR HOME, TO EXPAND IT, TO MAKE IT BIGGER FOR PEOPLE TO LIVE IN DURING THE PANDEMIC.

WE'RE TALKING ABOUT THINGS THAT DON'T HAVE TO BE REPAID UP TO $25000.

THAT'S REALLY THE BULK OF WHAT I WANTED TO COME AND TALK ABOUT IT.

I REALLY APPRECIATE YOU GUYS GIVING ME AN AGENDA ITEM FOR IT.

I THINK IT WAS IMPORTANT FOR IT TO BE IN THE BACKUP TO BE AVAILABLE FOR PEOPLE TO GO BACK AND LOOK AT AS WELL.

I'LL DO MY BEST TO ANSWER ANY QUESTIONS FOR YOU.

JUST OFF THE TOP OF MY HEAD, I CAN SAY THAT THIS IS A PROGRAM THAT'S IN FLUX.

THEY'VE CHANGED THE RULES A COUPLE OF TIMES SINCE IT ORIGINALLY CAME OUT TO GET IT TO WHERE IT NEEDS TO BE.

I THINK ORIGINALLY THE WINDOW FOR DELINQUENCIES THAT WAS COVERED WAS SEVERAL YEARS AND THEN THEY SHORTEN THAT.

THEN THAT SOON EXTENDED A COUPLE OF YEARS NOW.

I THINK IF YOU'RE DELINQUENT BACK TO 2016, THOSE ARE ALL ELIGIBLE TO BE PAID OFF WITH THIS GRANT FUNDS THAT DON'T HAVE TO BE PAID BACK.

AGAIN, HAPPY TO ANSWER ANY QUESTIONS THAT THE COURT MAY HAVE.

OTHERWISE, I'LL LEAVE THESE FILES IN THE JUDGE'S OFFICE.

>> I'VE GOT JUST A QUICK ONE.

IF SOMEBODY WERE INTERESTED IN TAKING ADVANTAGE OF THIS, THEY JUST GO TO THIS WEBSITE?

>> RIGHT. THERE IS A DEDICATED WEBSITE FOR THIS. THERE'S A PHONE NUMBER.

THOSE GO TO AUTOMATED CENTRALIZED SOURCES, BUT YOU CAN CALL THE TAX OFFICE HERE IN TOWN.

THERE'S PEOPLE THERE THAT WE'VE BEEN DISTRIBUTING INFORMATION THERE.

THEY KNOW ALL ABOUT THE PROGRAM.

YOU DON'T HAVE TO KNOW ANY CODE WORDS OR ANYTHING, YOU JUST ASK THEM.

THEY'LL TRY TO FIGURE OUT WHAT YOU'RE TALKING ABOUT AND WE WANT TO MAKE SURE THAT PEOPLE TAKE ADVANTAGE OF THIS PROGRAM.

IT'S GOING TO HELP PEOPLE STAY IN THEIR HOUSES.

>> GOOD DEAL. WE'LL TRY TO GET IT OUT.

GET THE WORD OUT TO FIGURE OUT.

>> I JUST HELP HIM PLACE.

>> LIKE I SAID, [OVERLAPPING] JUST SOMETHING TO KEEP IN YOUR MIND IS, I KNOW YOU'RE GETTING CALLS AND YOU'RE APPROACHING BUDGET SEASON, ALL THAT STUFF.

>> IF YOU ARE SENDING OUT DELINQUENT STATEMENTS TO PEOPLE, ARE YOU INCLUDING THE BROCHURE IN THAT TO GIVE THEM THE OPPORTUNITY TO KNOW?

>> I KNOW THAT INTERNALLY WE HAVE TARGETED ACCOUNTS THAT ARE LIKELY TO BE ELIGIBLE FOR THIS PROGRAM AND THEY HAVE GOTTEN INDIVIDUAL DIRECTED MAILINGS TO TRY TO AS YOU MIGHT IMAGINE A LOT OF THE NOTICES THAT I THINK THAT GO OUT FROM US, PEOPLE LARGELY IGNORE A LOT OF THE TIME DELINQUENT TAX NOTICE, THAT STUFF.

BUT I KNOW THAT WE HAVE BEEN SENDING JUST SPECIFIC INDIVIDUAL MAILINGS TO PEOPLE THAT ARE LIKELY TO QUALIFY.

HOPEFULLY, PEOPLE ARE GETTING THOSE AS WELL.

THE GOAL RIGHT NOW IS JUST TO GET THE WORD OUT AS MUCH AS POSSIBLE BECAUSE THE MORE PEOPLE THAT KNOW ABOUT THIS PROGRAM THE MORE PEOPLE CAN TAKE ADVANTAGE OF IT.

>> OKAY.

>> [OVERLAPPING] THANK YOU, JUDGE.

>> NOW, ITEM 9, DISCUSSION ACTION AND CONSIDERING TAKE

[9. Discussion/Action to consider and take possible action on Resolution 33-2022, a resolution of intent to establish the Caldwell County PACE Program.]

POSSIBLE ACTION ON RESOLUTION 33-2022, A RESOLUTION OF INTENT TO ESTABLISH THE CALDWELL COUNTY PAYS PROGRAM.

COMMISSIONERS, WE HEARD SOME ABOUT THAT, THE LAST MEETING.

I DON'T KNOW IF YOU'VE HAD A CHANCE TO NOODLE ON THAT, IT'S A LOT [LAUGHTER].

BUT THIS ESSENTIALLY WOULD JUST GIVE US ANOTHER TOOL ON OUR ECONOMIC DEVELOPMENT TOOLKIT AND WHETHER OR NOT BANKS CHOOSE TO PARTICIPATE, WE'VE GOT A COUPLE OF OTHER STEPS THAT WOULD HAVE TO BE TAKEN AFTER THIS RESOLUTION.

COME ON UP AND I'LL LET YOU EXPLAIN THE PROCESS.

YOU CAN DO IT MUCH BETTER THAN I CAN.

ANYWAY, THIS IS JUST THE NEXT STEP AND MOVEMENT TOWARDS ESTABLISHING THAT PROGRAM.

>> I THINK SO.

>> MY HEAD PRETTY WELL WRAPPED AROUND IT NOW.

[LAUGHTER] BUT NOW I'M STRUGGLING, BUT I THINK IT'S A GOOD PROGRAM.

>> THAT'S VERY GOOD.

>> MY NAME IS CHARLENE HEYDINGER WITH TEXAS PACE AUTHORITY AND I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.

THIS DOES NOT USE TAXPAYER DOLLARS OR REQUIRE EFFORTS FROM YOUR STAFF.

WE WOULD ADMINISTER IT AS A NON-PROFIT IN A PUBLIC SERVANT MANNER.

TODAY, IF YOU CHOOSE TO MOVE FORWARD, YOU'LL LET THE PUBLIC KNOW YOU INTEND TO CREATE THIS PROGRAM.

YOU'LL BE SETTING A PUBLIC HEARING AND THE NEXT STEP AFTER THAT WOULD BE A RESOLUTION TO ESTABLISH THE PROGRAM.

[NOISE]

>> TIME.

>> TIME. THAT WAS YOUR ALARM TO WAKE UP?

>> I'LL GO AHEAD AND READ THIS RESOLUTION.

IT'S A LONG ONE, SO BEAR WITH ME.

CALDWELL COUNTY COMMISSIONERS COURT RESOLUTION [NOISE] OF INTENT TO ESTABLISH [LAUGHTER] THE PACE PROGRAM.

WHEREAS THE 83RD REGULAR SESSION OF THE TEXAS LEGISLATURE ENACTED THE PROPERTY ASSESSED CLEAN ENERGY ACT, TEXAS LOCAL GOVERNMENT CODE, CHAPTER 399, THE PACE ACT, WHICH ALLOWS THE GOVERNING BODY OF A LOCAL GOVERNMENT, INCLUDING A CITY OR COUNTY, TO DESIGNATE AN AREA OF THE TERRITORY OF LOCAL GOVERNMENT AS A REGION WITHIN WHICH AN AUTHORIZED REPRESENTATIVE OF A LOCAL GOVERNMENT AND THE RECORD OWNERS OF COMMERCIAL,

[00:15:03]

INDUSTRIAL, AND LARGE MULTI-FAMILY RESIDENTIAL, FIVE OR MORE DWELLING UNITS, REAL PROPERTY MAY ENTER INTO WRITTEN CONTRACTS TO IMPOSE ASSESSMENTS ON THE PROPERTY TO REPAY THE FINANCING BY THE OWNERS OF PERMANENT IMPROVEMENTS FIXED TO THE PROPERTY, INTENDED TO DECREASE WATER AND ENERGY CONSUMPTION OR DEMAND.

WHEREAS INSTALLATION OR MODIFICATION OF PROPERTY BY OWNERS OF QUALIFIED ENERGY OR WATER-SAVING IMPROVEMENTS TO COMMERCIAL INDUSTRIAL, AND LARGE MULTI-FAMILY RESIDENTIAL REAL PROPERTY IN CALDWELL COUNTY WILL FURTHER THE GOALS OF ENERGY AND WATER CONSERVATION WITHOUT COST TO THE PUBLIC.

WHEREAS THE COMMISSIONER'S COURT FINDS THAT FINANCING ENERGY AND WATER CONSERVATION PROJECTS THROUGH CONTRACTUAL ASSESSMENTS PACE FINANCING FURTHER AS ESSENTIAL GOVERNMENT PURPOSES INCLUDING BUT NOT LIMITED TO ECONOMIC DEVELOPMENT, REDUCING ENERGY CONSUMPTION AND COST, AND CONSERVING WATER RESOURCES.

WHEREAS THE COMMISSIONER'S COURT SUBJECT TO PUBLIC HEARING SCHEDULE IS PROVIDED BELOW, AT WHICH THE PUBLIC MAY COMMENT ON THE PROPOSED PROGRAM AND THE REPORT ISSUED CONTEMPORANEOUSLY WITH THIS RESOLUTION FINDS THAT IT IS CONVENIENT AND ADVANTAGEOUS TO ESTABLISH A PROGRAM UNDER THE PACE ACT AND DESIGNATE THE ENTIRE GEOGRAPHIC AREA WITHIN CALDWELL COUNTY'S JURISDICTIONAL BOUNDARIES AS A REGION WITHIN WHICH A DESIGNATED COUNTY AUTHORIZED REPRESENTATIVE, AND THE RECORD OWNERS OF A QUALIFIED REAL PROPERTY MAY ENTER INTO A PACE FINANCING AGREEMENT.

THEREFORE, BE IT RESOLVED BY THE COMMISSIONER'S COURT OF CALDWELL COUNTY THAT ONE, THE RECITALS OF THIS RESOLUTION ARE TRUE AND CORRECT AND ARE INCORPORATED INTO THIS ORDER FOR ALL PURPOSES TO CALDWELL COUNTY, HEREBY ADOPT THIS RESOLUTION OF INTENT AND FINDS IT FINANCING QUALIFIED PROJECTS THROUGH CONTRACTUAL ASSESSMENT PURSUANT TO THE PACE ACT, IS A VALID PUBLIC PURPOSE.

THREE, THE COUNTY INTENDS TO MAKE CONTRACTUAL ASSESSMENTS TO REPAY PACE FINANCING FOR QUALIFIED ENERGY OR WATER-CONSERVING PROJECTS AVAILABLE TO OWNERS OF COMMERCIAL, INDUSTRIAL AND LARGE MULTI-FAMILY RESIDENTIAL REAL PROPERTY.

THE PROGRAM IS TO BE CALLED CALDWELL COUNTY PROPERTY ASSESSED CLEAN ENERGY PROGRAM WITH CALDWELL COUNTY PACE.

THE FOLLOWING TYPES OF PROJECTS ARE QUALIFIED PROJECTS FOR PACE FINANCING, THAT MAY BE SUBJECT TO SUCH CONTRACTUAL ASSESSMENTS.

PROJECTS THAT A, INVOLVE THE INSTALLATION OR MODIFICATION OF PERMANENT IMPROVEMENT, FIXED A PRIVATELY OWNED COMMERCIAL, INDUSTRIAL, OR RESIDENTIAL REAL PROPERTY, WITH FIVE OR MORE DWELLING UNITS, AND B, ARE INTENDED TO DECREASE ENERGY OR WATER CONSUMPTION OR DEMAND, INCLUDING A PRODUCT DEVICE OR INTERACTING GROUP OF PRODUCTS OR DEVICES ON THE CONSUMER SIDE OF THE METER THAT USES ENERGY [NOISE] TECHNOLOGY TO GENERATE ELECTRICITY, PROVIDE THERMAL ENERGY AND REGULATE TEMPERATURE.

ALL ASSESSMENT MAY NOT BE IMPOSED TO REPAY THE FINANCING OF FACILITIES FOR UNDEVELOPED LOT OR LOTS UNDERGOING DEVELOPMENT AT THE TIME OF THE ASSESSMENT OR THE PURCHASE OF INSTALLATION OF PRODUCTS OR DEVICES, NOT PERMANENTLY TAKES A REAL PROPERTY.

FIVE, THE ENTIRE GEOGRAPHIC AREA WITHIN CALDWELL COUNTY'S JURISDICTIONAL BOUNDARIES IS INCLUDED IN THE REGION WHERE PACE FINANCING ASSESSMENT CAN OCCUR.

SIX, FINANCING FOR QUALIFIED PROJECTS ON A PACE PROGRAM WILL BE PROVIDED BY QUALIFIED THIRD-PARTY LENDERS CHOSEN BY THE OWNERS.

SUCH LENDERS WILL EXECUTE WRITTEN CONTRACTS WITH THE COUNTY'S AUTHORIZED REPRESENTATIVE TO SERVICE THE ASSESSMENTS AS REQUIRED BY THE PACE ACT.

THE CONTRACTS WILL PROVIDE FOR THE LENDERS TO DETERMINE THE FINANCIAL ABILITY OF THE OWNERS TO FULFILL THE FINANCIAL OBLIGATIONS TO BE REPAID THROUGH ASSESSMENTS, ADVANCE THE FUNDS TO OWNERS ON SUCH TERMS AS AGREED TO BETWEEN THE LENDER AND THE OWNERS FOR THE INSTALLATION OR MODIFICATION OF QUALIFIED PROJECTS, AND DEBT AND SERVICES.

THE DEBTS SECURED BY THE ASSESSMENT DIRECTLY OR THROUGH A SERVICER, BY COLLECTING PAYMENTS FROM THE OWNERS PURSUANT TO CONTRACTS EXECUTED BETWEEN THE LENDERS AND THE OWNERS.

THE LENDER CONTRACTS WILL PROVIDE THAT THE COUNTY WILL MAINTAIN AND CONTINUE THE ASSESSMENTS FOR THE BENEFIT OF SUCH LENDERS AND ENFORCE THE ASSESSMENT LEAN FOR THE BENEFIT OF A LENDER IN THE EVENT OF A DEFAULT BY OWNER.

THE COUNTY WILL NOT AT THIS TIME PROVIDE FINANCING OF ANY SORT FOR THE PACE PROGRAM.

THE COUNTY WILL CONTRACT WITH TEXAS PACE AUTHORITY QUALIFIED NON-PROFIT ORGANIZATION, TO BE THE INDEPENDENT THIRD-PARTY AUTHORIZED REPRESENTATIVE.

THE COUNTY WILL CONSULT WITH THE COUNTY TAX ASSESSOR-COLLECTOR FOR CALDWELL COUNTY.

THE REPORT ON THE PROPOSED PACE PROGRAM PREPARED IS PROVIDED BY TEXAS LOCAL GOVERNMENT CODE SECTION 399.009 IS AVAILABLE FOR PUBLIC INSPECTION ON THE COUNTY'S WEBSITE AND IN THE OFFICE OF THE COUNTY JUDGE AT 110 SOUTH MAIN STREET ROOM 201.

[00:20:01]

THAT'S INCORRECT, WE'RE NOT IN ROOM 201 ANYMORE, SO WE'LL NEED TO CORRECT THAT.

CALDWELL COUNTY COURTHOUSE, LOCKHART, TEXAS, AND IS INCORPORATED IN THIS RESOLUTION AND MADE PART THEREOF FOR ALL PURPOSES.

THE COUNTY COMMISSIONERS' COURT WILL HOLD A PUBLIC HEARING ON THE PROPOSED PACE PROGRAM REPORT ON JUNE 14TH, 2022, AT 9:15 IN THE SECOND FLOOR OF THE COURTROOM, CALDWELL COUNTY COURTHOUSE, 110 SOUTH MAIN STREET, LOCKHART, TEXAS.

ADOPTED THIS 24TH DAY OF MAY 2022.

>> JUDGE.

>> YES.

>> DID WE RESCHEDULE OUR MEETING ON THE 13TH OVER THE CONFERENCE ON 14TH?

>> I THINK THAT IS CORRECT, COMMISSIONER.

DID WE DO THAT, AS WE RESCHEDULED TO THE 13TH BECAUSE WE'RE IN CONFERENCE OF 14TH? WHO ELSE IS GOING TO THE CONFERENCE?

>> [INAUDIBLE].

>> AS LONG AS THEY HAVE AGREED TO SHOW UP.

>> [INAUDIBLE]

>> YEAH. I DON'T THINK WE EVER DECIDED TO DO THAT, SO I'M NOT SURE.

>> COMMISSIONER, SO THE PUBLIC HEARING DATE IS ACTUALLY JUST SCHEDULED THROUGH THIS RESOLUTION.

IF THE COURT DOES CHOOSE TO DO THE NEXT MEETING ON THE 13TH, THEY WOULD JUST BE CHANGED THROUGH THIS RESOLUTION TO FIT THE PURPOSES OF THE REQUIREMENTS OF THE ACT.

SINCE WE'RE MAKING THAT CHANGE TO FIX THE ROOM NUMBER FOR THE COURT, WE CAN ALSO CHANGE THE PUBLIC HEARING DATE ALSO.

>> WE HAVEN'T CHANGED THE DATE AND WE DIDN'T HAVE IT ON THE AGENDA TO CHANGE THE DATES, SO I'M NOT SURE THAT WE CAN DO THAT RIGHT NOW.

COMMISSIONERS, WE'RE LOOKING FOR A MOTION TO EITHER ADOPT THIS RESOLUTION OR NOT.

>> I SUPPORT.

>> TO ADOPT?

>> YES.

>> WE HAVE A MOTION TO ADOPT RESOLUTION 33-2022.

DO WE HAVE A SECOND?

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE. AYE.

>> OPPOSED HEARING NONE, MOTION CARRIES.

ITEM 10, DISCUSSION ACTION TO CONSIDER RESOLUTION 34-2022 MANY IN

[10. Discussion/Action to consider Resolution 34-2022, amending the Court's abatement procedures to appoint the Senior investigator of the Caldwell County Code Enforcement Unit as the employee responsible for administering the County abatement program]

THE COURT'S ABATEMENT PROCEDURES TO APPOINT SENIOR INVESTIGATOR OF THE CALDWELL COUNTY COURT ENFORCEMENT UNIT AS THE EMPLOYEE RESPONSIBLE FOR ADMINISTRATING THE COUNTY ABATEMENT PROGRAMS. COMMITTEE SAYS EXACTLY WHAT IT SAYS PREVIOUSLY.

THAT WAS MR. BEDNAR AND SINCE HE'S NO LONGER WITH US, WE'RE GOING TO MAKE THIS CHANGE SO THAT WE HAVE A STAFF PERSON AND WE JUST DID THE POSITION JUST IN CASE THAT CHANGES.

BUT WHOEVER HOLDS THAT POSITION WILL NOW BE ENFORCING AND DOING ABATEMENTS.

>> JUDGE, I CAN READ THE RESOLUTION IF YOU'D LIKE.

>> THAT'D BE AWESOME. [LAUGHTER]

>> RESOLUTION 34-2022 RESOLUTION OF CALDWELL COUNTY COMMISSIONERS COURT, WHEREAS THROUGH AN ORDER APPROVED ON FEBRUARY 12TH, 2018, AND THE CALDWELL COUNTY COMMISSIONERS COURT ADOPTED ABATEMENT PROCEDURES PURSUANT TO CHAPTER 343 AT THE TEXAS HEALTH AND SAFETY CODE.

WHEREAS SECTION 343.022 OF THE TEXAS HEALTH AND SAFETY CODE REQUIRES ABATEMENT PROCEDURES ADOPTED BY COMMISSIONERS COURT TO BE ADMINISTERED BY A REGULARLY SALARIED, FULL-TIME COUNTY EMPLOYEE.

WHEREAS IN ITS OWNER, THE COUNTY COMMISSIONERS COURT SPECIFICALLY NAMED MIKE BEDNAR THE CALL BUT COUNTY ENVIRONMENTAL INVESTIGATOR TO ADMINISTER THE COUNTY'S ABATEMENT PROGRAM.

WHEREAS MR. BEDNAR'S NO LONGER A REGULARLY SALARIED FULL-TIME CALDWELL COUNTY EMPLOYEE, AND WHEREAS NO REGULARLY SALARIED FULL-TIME CALDWELL COUNTY EMPLOYEE IS CURRENTLY AUTHORIZED TO ADMINISTER THE CALDWELL COUNTY ABATEMENT PROGRAM.

NOW, THEREFORE, BE IT RESOLVED BY THE CALDWELL COUNTY COMMISSIONERS COURT THAT, ONE SECTION 6A OF THE COMMISSIONERS COURTS PRIOR ORDER ADOPTING PROCEDURES FOR ABATEMENT OF A PUBLIC NUISANCE IS AMENDED TO READ AS FOLLOWS.

A, THE ABATEMENT PROCEDURES ADOPTED BY THE COMMISSIONERS COURT MUST BE ADMINISTERED BY A REGULARLY SALARIED FULL-TIME COUNTY EMPLOYEE.

THUS, THE CALDWELL COUNTY COMMISSIONERS COURT APPOINTS AND THIS IS STRIKING MIKE BEDNAR, CALDWELL COUNTY ENVIRONMENTAL INVESTIGATOR, AND REPLACING THAT WITH THE SENIOR INVESTIGATOR OF THE CALDWELL COUNTY ENVIRONMENTAL ENFORCEMENT UNIT TO ADMINISTER THE ABATEMENT PROGRAM.

STRIKING V, AND SUBSTITUTING A, PERSON AUTHORIZED BY THE PERSON ADMINISTERING THE ABATEMENT PROGRAM MAY ADMINISTER, AND SO THAT WOULD ACTUALLY GO TO THE NEXT PART OF THE STATUTE, WHICH IS NOT BEING EMITTED, SO IT'S ONLY THE SECTION.

NUMBER 2, THIS RESOLUTION TAKES EFFECT UPON PASSAGE, AND 3,

[00:25:01]

THE ORDER ADOPTING PROCEDURES FOR THE ABATEMENT OF A PUBLIC NUISANCE AS AMENDED BY THIS RESOLUTION, SHALL BE POSTED ON THE CALDWELL COUNTY WEBSITE.

ORDERED THIS 24TH DAY OF MAY 2022.

>> COMMISSIONERS, DO WE HAVE A MOTION TO ADOPT RESOLUTION 34-2022?

>> SIR.

>> WE HAVE A MOTION AND A SECOND.

>> [OVERLAPPING] I'LL 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 THE APPROVAL

[11. Discussion/Action to consider the approval of an Amended Maintenance contract with Xerox for the Elections Office.]

OF AMENDED MAINTENANCE CONTRACT WITH XEROX FOR THE ELECTIONS OFFICE.

>> GOOD MORNING. WHEN WE SET UP OUR XEROX CONTRACT, THE ELECTIONS OFFICE ENDED UP BEING ON A SEPARATE SERVICE AGREEMENT.

THAT SERVICE AGREEMENT WAS SET UP WITH BLACK AND WHITE UNLIMITED COPIES.

ANY COLOR COPIES WERE $0.0495 A PIECE.

WITH THAT BEING SAID, WE HAVE BEEN GETTING MONTHLY AVERAGE BILLS THAT VARY ANYWHERE FROM $182, I THINK THE MOST WE'VE SEEN WAS ABOUT $400.

WITH THAT, WE GOT WITH XEROX AND WE WANT TO AMEND THAT CONTRACT TO KEEP THE UNLIMITED BLACK AND WHITE COPIES AND CHANGE IT FROM NO COLOR TO 4,000 AND ANYTHING OVER THAT CHANGE THE PRICE TO $0.04.

IT IS GOING TO CHANGE THE OVERALL MONTHLY BILL ON THIS BUT WHAT WE HAVE FIGURED OUT IS THAT THE A 160 ADDITIONAL PER MONTH ACTUALLY AVERAGES OUT LESS THAN WHAT WE'RE PAYING IN THE OVERAGE CHARGES.

WE'RE JUST SEEKING APPROVAL TO GO AHEAD AND SIGN THIS CONTRACT AND SEND IT OVER TO XEROX.

>> OKAY. I HAVEN'T READ IT, AND THIS IS A COST OF $960. COMMISSIONERS.

>> I MOVE TO APPROVE ITEM 11.

>> WE HAVE A MOTION TO APPROVE ITEM 11. DO WE HAVE A SECOND?

>> I'LL SECOND IT.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSE? HEARING NONE. MOTION CARRIES.

>>THANK YOU.

>> THANK YOU.

>> SORRY, I'M TRYING TO KEEP AN EYE ON THE TIME SO WE CAN HAVE OUR PUBLIC HEARING.

[12. Discussion/Action to consider $900.00 donation request from Caldwell-Travis Soil & Water Conservation District for FY 2023. ]

ITEM 12, DISCUSSION ACTION TO CONSIDER $900 DONATION REQUESTS FROM THE CALDWELL-TRAVIS SOIL AND WATER CONSERVATION DISTRICT FOR 2023.

>> IT'S PRETTY SELF-EXPLANATORY COMMISSIONERS, WE WOULD JUST BUDGET THAT IN THE NEXT BUDGET CYCLE.

>> JUDGE, IS THIS A POSSIBLE DONATION THAT CAN BE HANDLED BY THE COMMUNITY SERVICES?

>> DENNIS AND I HAD A CONVERSATION ABOUT THIS THE OTHER DAY, I THINK, AND WE HAVEN'T HAD A CHANCE TO CHECK IT.

BUT I THINK WHEN WE SET UP THE KAWA COUNTY COMMUNITY SERVICES FOUNDATION, IT WAS TO ASSIST NON-PROFITS.

SO GOVERNMENTAL AGENCY WOULDN'T BE CONSIDERED A NON-PROFIT, BUT WE HAVE NOT HAD A CHANCE TO CHECK THAT.

IF WE CAN TABLE THIS AND TAKE IT UP AT THE NEXT COMMISSIONERS COURT AND GIVE US A CHANCE TO LOOK INTO THAT BECAUSE WE HAVE MULTIPLES OF THESE THINGS THAT ARE NOT NECESSARILY NON-PROFITS THAT WE DONATE TO.

IF YOU WOULD LIKE TO, WE CAN TABLE THIS AND THEN TAKE IT UP AT THE NEXT COMMISSIONERS COURT. JUST GO AHEAD AND PAY.

>> IT MIGHT BE A GOOD EXERCISE TO GO THROUGH.

>> YEAH. I KNOW, I AGREE.

DO WE HAVE A MOTION THEN TO TABLE ITEM 12 UNTIL THE NEXT COMMISSIONERS COURT?

>> I MOVE TO TABLE TO THE NEXT COMMISSIONERS COURT.

>> DO WE HAVE A SECOND?

>> I'LL SECOND IT.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSE? HEARING NONE.

MOTION CARRIES. GO AHEAD AND DO ITEM 13,

[13. Discussion/Action to consider the approval of increasing Pledging Adjustment to Caldwell County depository contract]

AND THEN WE'LL GO TO OUR PUBLIC HEARING.

>> ITEM 13, DISCUSSION ACTION TO CONSIDER THE APPROVAL OF INCREASING PLEDGING ADJUSTMENT TO CALDWELL COUNTY DEPOSITORY CONTRACT.

ANGELA'S DOWNSTAIRS IN A MEETING, BUT WE HAVE TO KEEP A CERTAIN AMOUNT OF MONEY IN THIS ACCOUNT EVERY TIME.

WE'RE HAVING ENOUGH MONEY COMING IN THAT WE NEED TO ADJUST OUR PLEDGE AMOUNT.

DANNY DO YOU KNOW WHAT THAT ADJUSTMENT WAS?

>> I BELIEVE IT WAS AN ADDITIONAL ONE MILLION, BUT I WILL DOUBLE-CHECK AND MAKE SURE I GET YELLED AT.

[OVERLAPPING] I WAS LOOKING AT THE BACKUP,

[00:30:03]

BUT THE BACKUP'S NOT REALLY SHOWING ME A WHOLE LOT HERE.

>> NO IT DOESN'T.

I BELIEVE IT'S A MILLION TOO COMMISSIONERS, BUT WE HAVE TO MAINTAIN A PLEDGING AMOUNT.

THAT IS ENOUGH SO THAT WE WE'RE ANSWERED ON THAT ACCOUNT.

>> I KNOW IN THE PAST WHEN IT'S BEEN INCREASED IS BY A MILLION.

>> WE WOULD LIKE TO MAKE A MOTION TO INCREASE IT BY A MILLION, AND THEN WE WILL LEAVE IT AT THAT.

>> I MOVE THE MOTION [INAUDIBLE].

>> 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.

WE ARE GOING TO GO AHEAD AND GO

[PUBLIC HEARING 9:30 ]

TO OUR PUBLIC HEARING WHERE IT'S GOING TO OPEN THE PUBLIC HEARING AT 9:30 CONCERNING THE CANCELLATION OF THE ESTATES AT HEARTLAND RANCHES SUBDIVISION FINAL PLANT LOCATED OFF ORCHARD LOOP 108.

PUBLIC HEARING IS OPEN.

I'LL LEAVE IT OPEN FOR A FEW MINUTES IF THERE'S ANY COMMENTS.

[BACKGROUND]

>> I WANT TO MAKE A STATEMENT THAT SCOTT MILLER COULDN'T ATTEND TODAY, BUT REALLY, HE DIDN'T FORESEE ANY MAJOR CONCERNS ON THIS.

THE SUBDIVISION ITSELF HAS TAKEN A DIFFERENT DIRECTION.

THAT'S WHY THEY'RE ASKING FOR THIS TO BE CANCELED.

>> GIVE IT ABOUT FOUR MORE MINUTES JUST IN CASE SOMEBODY WONDERS.

>> CASEY.

>> YES.

>> CAN YOU GIVE A BRIEF DESCRIPTION WHAT THE PROCEDURE WILL BE AFTER THE HEARING OF THEIR CANCELLATION SO THE PUBLIC WILL KNOW.

>> I'M SORRY TELL ME ONE MORE TIME.

>> A BRIEF DESCRIPTION OF WHAT THE PUBLIC HAS TO DO TO CANCEL THEIR SUBDIVISION PLAN.

>> BASICALLY, WHAT THEY HAVE TO DO IS SEND IN A LETTER REQUESTING FOR THE CANCELLATION TO HAPPEN.

ONCE COMMISSIONERS COURT HAS ACTUALLY GONE IN AND APPROVED THE SUBDIVISION PLAN, THEY WILL THEN REQUEST THE CANCELLATION.

WE THEN HAVE TO POST IT IN THE NEWSPAPER TO LET THE PUBLIC KNOW THAT A HEARING WILL BE HELD.

THEN ONCE WE GO THROUGH THE ADEQUATE TIME, WHICH I BELIEVE WAS 30 DAYS, AND THEN ONCE WE DO THAT AND EVERYTHING, THEY COME IN, THEY WILL ACTUALLY HAVE THE PUBLIC HEARING.

IF NO ONE OBJECTS TO IT AT THAT POINT OR NOTHING VALID TO OBJECT TO IT, THEN THE COURT CAN ACTUALLY VOTE TO EITHER APPROVE IT OR DENY IT.

>>THIS IS THE SAME AS A VACATION?

>> YES, IT IS. THEY WANT TO JUST CANCEL OUT THE PLAN THAT WAS APPROVED.

>> THERESA.

>> IN THE RECORDS, THE PLOT RECORDS WHERE THIS IS RECORDED, WOULD YOU PUT A BIG CANCELED ACROSS THE FRONT OF THAT AND THE DATE SO IF SOMEBODY WENT TO THAT RECORD THAT MAYBE DIDN'T KNOW IT GOT CANCELED.

>> ON THE PLOT, YES. WE WOULD PUT SOMETHING SAYING CANCELED AND THE DATE IT HAPPENED AND COMMISSIONERS COURT OR WHATEVER.

BUT WE WOULD PUT SOMETHING TO LET PEOPLE KNOW THAT.

>> THANK YOU.

>> I WOULD ASSUME THAT THAT WOULD GET SENT TO THE SOMEHOW THE APPRAISAL DISTRICT WOULD GET IT SO THEY'RE NOT TAXING INDIVIDUAL PARCELS ANYMORE.

>> GENERALLY, JUST IN THE PAST WHAT WE'VE DONE, WE'VE ONLY HAD TWO OTHER CANCELED RELATIONS OVER 20 YEARS THAT I'VE BEEN HERE AND I'M ON THE PLAN, WE WILL ACTUALLY ATTACH A COPY OF THE MINUTES SHOWING THAT IT WAS CANCELED AND THEN I WOULD ACTUALLY SEND A COPY TO MATHEW ALLEN WITH THE APPRAISAL DISTRICT OF THE CANCELLATION.

>> VERY GOOD.

IF THERE ARE NO OTHER [NOISE] COMMENTS, WE'LL GO AHEAD AND CLOSE THIS PUBLIC HEARING AT 9:35 AND MOVE ON TO OUR REGULAR AGENDA ITEM 14,

[14. Discussion/Action to consider a request by the Caldwell County Child Welfare Board, requesting the creation of a county-managed account to hold monies donated to the Child Welfare Board, and directing the County Treasurer to create the same]

[00:35:03]

[NOISE] DISCUSSION ACTION TO CONSIDER A REQUEST BY THE CALDWELL COUNTY CHILD WELFARE BOARD REQUESTING THE CREATION OF A COUNTY MANAGED ACCOUNT TO HOLD MONIES DONATED TO THE CHILD WELFARE BOARD AND DIRECTING THE COUNTY TREASURER TO CREATE THE SAME, CHASE YOU'RE ON IT?

>> YES COMMISSIONER.

>> TELL US ABOUT THAT.

>> LAST QUARTER, THE COMMISSIONER'S COURT REAPPOINTED MEMBERS OF THE CHILD WELFARE BOARD.

THE CHILD WELFARE BOARD BEING A QUASI COUNTY, QUASI TEXAS DEPARTMENT AT FAMILY AND PROTECTIVE SERVICES BODY.

ITS GOAL IS TO ACT AS A LIAISON BETWEEN THE DEPARTMENT AND THE COMMISSIONER'S COURT AND HELP WITH FUNDRAISING AND OTHER INFORMATION RELATED ACTIVITIES IN THE COUNTY.

AS PART OF ITS FUNDRAISING DUTIES, CERTAIN FUNDS HAVE TO BE HELD WITH THE COUNTY AND AFTER TALKING WITH THE AUDITOR, THERE DOES NOT APPEAR TO BE A COUNTY ACCOUNT THAT COULD HOLD THESE FUNDS AND SO WE'RE JUST ASKING THAT OR THE BOARD IS ASKING THAT THE COMMISSIONERS COURT CREATE AN ACCOUNT TO HOLD THE FUNDS.

AFTER TALKING WITH DANNY, IT SEEMS THAT THE COUNTY SHOULD CREATE THAT.

SHE MIGHT BE ABLE TO ANSWER MANY QUESTIONS BETTER THAN I CAN, BUT AS FAR AS THE LEGAL ASPECT OF IT, IT'S JUST SOMETHING THAT COUNTY HAS TO DO.

>> JUST TO ELABORATE, RIGHT NOW, OLIVER BANK ACCOUNTS ARE FOR CERTAIN COUNTY PURPOSES.

SO IT'S MY INTENTION THIS NEXT TWO WEEKS OR THREE WEEKS BEFORE THE NEXT COMMISSIONERS COURTS GET WITH THE FIRST LOCKHART NATIONAL BANK, CREATE AN ACCOUNT.

THERE WILL BE $0 IN THERE, BUT THIS IS JUST AN ACCOUNT.

IF WE WERE TO TAKE ON ANY MONEY THAT WE CAN'T DENY THAT CHILD WELFARE BOARD, WE CAN AT LEAST HAVE AN ACCOUNT THERE SO THAT THEY CAN HAVE IT.

THE CHANCES OF US EVER GETTING THAT ARE SLIM, BUT AT LEAST IT'S THERE.

>> COMMISSIONERS, ANY QUESTIONS?

>> NO.

>> IF NOT, LOOK FOR A MOTION TO APPROVE THE REQUEST BY THE CALDWELL COUNTY CHILD WELFARE BOARD.

REQUESTING THE CREATION OF A COUNTY MANAGED ACCOUNT TO HOLD MONIES DONATED TO THE CHILD WELFARE BOARD.

>> [INAUDIBLE].

>> 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 15, DISCUSSION ACTION TO

[15. Discussion/Action to consider the approval Budget Amendment #59 to transfer money from (001-6550- 5310) Machinery & Equipment to (001-6550-1151) Overtime-Employee for additional overtime funding for elections office. ]

CONSIDER THE APPROVAL OF BUDGET AMENDMENT 59 TO TRANSFER MONEY FROM 00165505310 MACHINERY AND EQUIPMENT TO 00165501151 OVERTIME EMPLOYEE FOR ADDITIONAL OVERTIME FUNDING FOR THE ELECTIONS OFFICE, DANNY?

>> YES. SO THAT'S PRETTY CLEAR.

WHAT WAS HAPPENING IS I WENT BACK INTO THE ELECTIONS OVERTIME ACCOUNT AND IT WAS A NEGATIVE AND SO I REACHED OUT TO THE ELECTIONS ADMINISTRATOR AND LET HER KNOW, MADE HER AWARE AND THAT SHE REQUESTED TO MOVE A $2,000 AMOUNT FROM MACHINERY AND EQUIPMENT OVERTIME TO COVER THAT.

BECAUSE SHE'S STILL PLANS ON HAVING SOME OVERTIME WITHIN THIS BUDGET.

>> COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE THE BUDGET AMENDMENT 59?

>> SO MOVED.

>> GO AHEAD.

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

>> I'LL SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED? HEARING NONE, MOTION CARRIES.

ITEM 16, DISCUSSION ACTION TO CONSIDER

[16. Discussion/Action to consider the approval of Budget Amendment #60 to transfer money from (001- 6550-4124) Site Support to (001-6550-3115) Ballot Supplies forES&S additional invoices]

APPROVAL OF BUDGET AMENDMENT NUMBER 60 TO TRANSFER MONEY FROM 00165504124 SITES SUPPORT [NOISE] TO 00165503115 BALLOTS SUPPLIES FOR ES&S ADDITIONAL INVOICES, DANNY?

>> YES. THERE WAS A LARGE AMOUNT OF INVOICES THAT CAME UP TO ACCOUNTS PAYABLE, AND I THINK THERE WAS A TOTAL OF NINE OF THEM IN THEIR PURCHASE ORDER, THEY WERE ONLY ABLE TO COVER, I BELIEVE SIX OF THOSE.

SO SHE HAS THREE ADDITIONAL OUTSTANDING INVOICES FOR ES&S SERVICES.

I SAT DOWN WITH KIMBER AND WE WENT THROUGH A BUDGET AND JUST FOUND SOME EXTRA MONEY.

SHE SAID SHE'S NO LONGER GOING TO USE THE SITE SUPPORT LINE ITEMS, SO WE'RE JUST MOVING WHAT'S REMAINING IN THERE OVER TO HER BALLOT SUPPLIES SO SHE CAN PAY FOR THOSE INVOICES.

>> THAT WAS IN THE AMOUNT [NOISE] OF $3,024.

>> WERE THESE UNEXPECTED EXPENSES?

>> THEY CAN BE. IT'S HARD TO BUDGET FOR STUFF LIKE THIS AND WHEN YOU'RE CREATING YOUR BUDGET, ESPECIALLY WITH THAT ADDITIONAL ELECTION THAT SHE HAD, IT JUST WAS UNFORESEEN COSTS.

THANKFULLY, SHE CUSHION SOME OF HER OTHER LINE ITEMS WITHIN THAT BUDGET, SO I THINK SHE'LL BE OKAY AND THIS IS HER FIRST YEAR, SO HER AND I WILL DEFINITELY SIT DOWN NEXT YEAR AND I CAN HELP HER OUT A LITTLE BIT MORE.

[00:40:04]

>> WE HAD THAT PERIOD.

THAT'S THE REASON WE ALSO HAD SOME WHICHEVER TIMES WE HAD AN ELECTION THIS YEAR THAT WE DIDN'T KNOW ABOUT LAST YEAR DURING BUDGET SEASON SO IT THREW OUR BUDGET OFF.

>> I THINK SHOULD BE BETTER PREPARED IN HER UPCOMING BUDGETS NOW BECAUSE SHE'S GOT THE FEEL OF WHAT THERE WAS.

THERE WAS BILLS THAT WEREN'T PAID BEFORE.

>> RIGHT.

>> THERE WAS A LOT.

>> THERE'S A LOT OF UNKNOWN THERE WHEN SHE CAME TO MY OFFICE. [LAUGHTER] [OVERLAPPING].

>> SHE'S CONSIDERING WHAT SHE WALKED INTO, SHE HAS DONE [OVERLAPPING] AN EXCEPTIONALLY GOOD JOB.

>> IT'S HARD TO ACCOUNT FOR AN ELECTION THAT YOU DON'T KNOW WHAT'S COMING AND WHEN THE STATE DOESN'T SEND YOU ANY MONEY TO ADMINISTER IT.

>> YES.

>> THERE'S A LOT OF CHANGES.

>> THAT'S WAY IT IS.

>> THERE'S A LOT OF REQUIREMENTS NOW THAT THOSE OFFICERS HAVE TO HOLD UP TOO SO IT'S JUST A LEARNING CURVE.

>> DURING THE LAST LEGISLATIVE SESSION, THEY CHANGED THE ELECTION LAWS QUITE A BIT AND SO THAT'S WHERE SOME OF THESE EXTRA EXPENSES ARE COMING FROM.

IF THERE'S NO OTHER DISCUSSION, I WOULD LOOK FOR A MOTION TO APPROVE BUDGET AMENDMENT NUMBER 60.

>> I'LL 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.

[17. Discussion/Action to consider the approval of Budget Amendment #61 to transfer money from (001 - 6510-4860) Contingency to (001-6550-3010) Temp Election Poll Workers for unknown elections be held May 7th , 2022.]

ITEM 17, DISCUSSION ACTION TO CONSIDER THE APPROVAL OF A BUDGET AMENDMENT NUMBER 61 TO TRANSFER MONEY FROM 001 [NOISE] 65104860 CONTINGENCY TO 00165503010, TEMPORARY ELECTION POLL WORKERS FOR UNKNOWN ELECTIONS TO BE HELD IN MAY 7TH, 2022?

>> YES. I APOLOGIZE FOR THE MULTIPLE BUDGET AMENDMENTS FOR ONE DEPARTMENT.

IT WAS GETTING PIECE-MAILED TO ME SO I WAS JUST TAKING IT IN AND PRODUCING THESE AS THE INFORMATION WAS COMING IN.

SO BASICALLY, YOU'LL SEE IN THE NEXT ONE, THERE'S QUITE A BIT OF TEMPORARY ELECTION POLL WORKER COSTS THAT NEED TO BE PAID.

IT WAS KIMBER'S KNOWLEDGE THERE AT FIRST THAT THE POLITICAL PARTIES WERE SUPPOSED TO PAY FOR THOSE.

COME TO FIND OUT, WE ARE ACTUALLY REQUIRED TO PAY FOR THOSE COSTS.

AGAIN, THIS WAS SOMETHING THAT SHE WASN'T GOING TO BE AWARE OF WHEN YOU HAVE AN ELECTION THAT COMES AFTER YOUR BUDGET CYCLE, AFTER YOUR BUDGET IS ALREADY MADE.

SHE IS RIGHT HERE IN HER TRAINING.

SHE KNOWS SHE'S NOT GOING TO USE THAT $5,000 SO SHE'S MOVING IT TO TEMPORARY ELECTION POLL WORKERS TO HELP WITH THAT COST.

SO THAT'S JUST THAT.

I DO WANT TO MAKE A NOTE THAT TEMPORARY ELECTION POLL WORKERS LINE ITEMS SHOULD NOT BE 1045, IT SHOULD BE 00165503010 AND THAT'S THE TEMPORARY ELECTION WORKERS NON-PAYROLL.

>> ON OUR LINE ITEM IT SAYS 37,964, BUT IT'S SUPPOSED TO BE 5,000, RIGHT?

>> NO. BECAUSE WE ALSO MOVE [OVERLAPPING] 32,964 FROM COTTAGE CONTINGENCY.

>> WE HAVEN'T TALKED ABOUT THAT.

>> THAT'S ON THE NEXT ONE. I APOLOGIZE.

>> IT IS FINE.

>> THAT'S THERE, IT'S ON THE BACKUP.

>> YEAH.

>> YEAH.

>> ANY OTHER QUESTIONS? NOT, LOOK FOR A MOTION TO APPROVE BUDGET AMENDMENT 61.

>> SO MOVED.

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

>> I'LL SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED? HEARING NONE. MOTION CARRIES.

[18. Discussion/Action to consider the approval of Budget Amendment #62 to transfer money from (001- 6510-4860) Contingency to (001-6510-4110) for Doucet& Assoc. Professional Service Fee's. ]

ITEM 18, DISCUSSION ACTION TO CONSIDER THE APPROVAL OF BUDGET AMENDMENT 60 TO TRANSFER MONEY FROM 00165104860 CONTINGENCY TO 00165104110 FOR DO SET ASSOCIATES PROFESSIONAL SERVICES? [OVERLAPPING].YES.

GO AHEAD. I'LL WAIT.

DUE TO THE AMOUNT OF SUDDEN REASONS THAT WE'VE HAD THIS YEAR, WE'RE GETTING LOAN PROFESSIONAL SERVICES FOR THIS SET.

WE'RE GOING TO MOVE A 100 THOUSAND FROM CONTINGENCY.

WE'VE DISCUSSED ROUNDLY CONVERSATION WE'LL HAVE IN THE NEXT WORKSHOP.

BUT IN THE MEANTIME, THIS IS WHAT WE GOT TO WORK WITH.

WE'RE GOING TO HAVE TO MOVE THAT OVER THERE TO GET THROUGH THE END OF THIS BUDGET CYCLE WITH THE PROFESSIONAL SERVICES FOR SEVERAL REASONS.

>> JUST HAVE ONE QUESTION. I JUST WANT TO MAKE SURE I KNOW.

WE JUST MOVE MONEY OUT OF CONTINGENCY FOR THE PREVIOUS ITEM AND I JUST WANT TO MAKE SURE I'M READING IT CORRECTLY THAT THIS WAS TAKEN OUT BEFORE.

[LAUGHTER]

>> WE STILL HAVE MONEY.

>> WE STILL HAVE ENOUGH MONEY IN CONTINGENCY.

>> [LAUGHTER] RIGHT NOW [LAUGHTER] APPROXIMATELY WITH THE ELECTION WORKER MONEY AND THEN THE DUE SET MONEY.

[00:45:02]

WE'RE WORKING WITH ONLY ABOUT 83 THOUSAND LEFT IN CONTINGENCY.

>> WE DO HAVE SOME BUT WE TRIED TO KEEP THAT LIMIT THIS YEAR.

[LAUGHTER] WE'RE GETTING LOW BUT WE'VE ONLY GOT A FEW MORE MILES TO GO.

I THINK WE'LL BE JUST FINE WITH THE CONTINGENCY BUT WE DO HAVE THAT AMOUNT LEFT.

ANY OTHER QUESTIONS? IF NOT, LOOK FOR A MOTION TO APPROVE BUDGET AMENDMENT 62.

>> LET'S ALL MOVE.

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

>> SECOND.

>> MOTION ON SECOND TO APPROVE? ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED HEARING NONE MOTION CARRIES AS WOULD YOU TELL COMMISSIONER DARIO WE'RE DONE WITH THAT ITEM.

ITEM 19, DISCUSSION ACTION TO CONSIDER THE APPROVAL OF THE CHANGE ORDER FOR

[19. Discussion/Action to consider the approval of a change order for blanket PO #01277 in the amount of $100,00.00 for Doucet & Associates Engineering Services FY 21-22.]

BLANKET PO NUMBER 01277 IN THE AMOUNT OF $100 THOUSAND, PRODUCE THAT AND ASSOCIATES.

THIS IS JUST PUTTING THAT INTO THE PO COMMISSIONERS. A 100 THOUSAND.

>> SAME ITEM?

>> YEAH. SORRY. [LAUGHTER]

>> JUST KIDDING [LAUGHTER].

>> I'M SKIPPING TO THE NEXT ONE JUST TO MAKE SURE WE DON'T MAKE YOU WALK IN AND OUT THE THIRD TIME.

>> COMMISSIONERS, DO WE WANT TO GO AHEAD AND READ THE ITEM? DO WE HAVE A MOTION TO APPROVE CHANGE FOR BLANKET PO NUMBER 01277 IN THE AMOUNT OF $100 THOUSAND?

>> SEND IF.

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

>> I'LL SECOND IT.

>> WE HAVE A MOTION. THE SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> THOSE HEARING NONE.

MOTION CARRIES.

I THINK WE'RE REALLY DONE THIS TIME [LAUGHTER] OUT OF 20 DISCUSSION ACTION

[20. Discussion/Action to consider the approval of Budget Amendment #63 to transfer money within Constable PCT 3 budget to cover fuel and Kologic expenses.]

THAT CONSIDER THE APPROVAL OF BUDGET AMENDMENT 63, TRANSFER MONEY [NOISE] THEY COST WILL PRECINCT THREE BUDGET TO COVER FUEL AND CHOLOGIC EXPENSES?

>> YES, COMMISSIONERS AND JUDGE, CONSTABLE BELL CAME UP TO MY OFFICE TO REVIEW HIS BUDGET.

HE HAS SOME CHOLOGIC EXPENSES THAT HE WAS NEEDING TO PAY SOME INVOICES.

WE WERE JUST MOVING SOME MONEY AROUND TO COVER THOSE COSTS AS WELL AS AS FUEL PRICES HAVE GONE UP AND THEIR TRANSPORTATION LINE ITEMS GETTING DEPLETED PRETTY QUICKLY.

WE WERE JUST MOVING SOME MONEY OUT OF OUR ENTERPRISE LINE ITEM BECAUSE WE BUDGETED FOR NEW VEHICLES THIS YEAR AND WE STILL HAVEN'T RECEIVED THEM.

OBVIOUSLY, THERE'S SOME ADDITIONAL COSTS THAT HE CAN HE CAN PLAY AROUND WITH.

>> COMMISSIONERS, WE HAVE A MOTION TO APPROVE BUDGET AMENDMENT 63.

>> ALSO MOVE.

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

>> I'LL SECOND

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED HEARING THEM.

MOTION CARRIES.

ITEM 21 DISCUSSION ACTION TO APPROVE OR DENY AN APPLICATION.

[21. Discussion/Action to approve or deny an application to operate a proposed auto recycle and salvage yard located near SH-183, and potential operating conditions imposed by the Court.]

THE OPERATOR PROPOSED OTTO CYCLE AND SALVAGE YARD LOCATED NEAR SH 183, AND POTENTIAL OPERATING CONDITIONS IMPOSED BY THE COURT.

WE DISCUSSED THIS AT A PREVIOUS MEETING.

WE HAD SOME QUESTIONS FOR THE OPERATORS. GOOD MORNING?

>> GOOD MORNING, COMMISSIONERS.

>> NOW WE'RE HERE TO EITHER APPROVE OR DENY THE APPLICATION, COMMISSIONERS.

>> I DO HAVE A FEW ITEMS THAT I WOULD LIKE TO [OVERLAPPING].

>> YES SIR, GO AHEAD.

[NOISE]

>> I HAVE A FEW QUESTIONS.

I WENT THROUGH THE LIST THAT WAS GIVEN TO CASEY AND I LOOKED UP ALL THE DIFFERENT ADDRESSES THAT YOU HAVE WITH WHERE PARTS LOCATED.

MOST IN ARKANSAS, COUPLE OF HERE IN TEXAS.

THE ONE IN CABINET, ARKANSAS.

DID YOU ALL MOVE AWAY FROM THAT? IT WAS EMPTY.

>> THAT FACILITY HAS NOT BEEN OPERATIONAL FOR AWHILE.

[00:50:04]

IT WAS DONE BY A DIFFERENT OPERATOR AND THEN THEY WERE JUST NO LONGER THERE. WE HAVEN'T GONE BACK TO IT.

>> MOST OF ALL OF THESE FACILITIES ARE IN THIS TYPE OF INDUSTRY I CAN SEE, AS FAR AS THERE'S OTHER SALVAGE YARDS.

THERE WAS A BOAT SALVAGE YARD THERE.

IT'S IN THAT INDUSTRY AND NOT JUST OUT IN THE OPEN OF RESIDENTIAL.

LIKE WHERE WE HAVE THE RV PARK UP THERE.

THAT CONCERN ME A BIT.

THE PLACES THEMSELVES LOOK VERY ORGANIZED. I'LL GIVE YOU THAT.

>> THANK YOU.

>> THE CARS ARE LINED UP IN THE PICTURES.

I'VE GOT ALL THE PICTURES THAT I CAN SAY.

I JUST CONCERN THAT IT WAS MOSTLY IN THAT TYPE OF AREA.

THERE WAS THAT TYPE OF WORK.

>> MOST OF THE FACILITIES EITHER WE WERE THERE BEFORE THE DEVELOPMENT HAPPENED, BUT THEY ARE ALL AUTO SALVAGE.

>> THEN I READ IN YOUR BACKUP WHERE IT DOESN'T STATE JUST SALVAGE.

IT STATES JUNKYARD.

SOME OF THAT LANGUAGE WAS BOTHERSOME TO ME.

AS A RECYCLE I THINK THAT'S GREAT TO RECYCLE AND I HAVE ACTUALLY BEEN TO A TUPLE IT BEFORE.

I CALLED YOU, PULL IT IN TENNESSEE.

IT WAS GREAT TO BE ABLE TO DO THAT.

VERY WELL ORGANIZED AS WELL.

BUT IN HERE YOU'LL HAVE THE JUNKYARD PART, THE CAR SELLS PART, AND ALL THAT BOTHERED ME AS IT AS A MIX.

>> THE JUNKYARD AS A TERM WE ACTUALLY DON'T LIKE TO IDENTIFY WITH THAT.

WE LIKE TO IDENTIFY AS A RECYCLING FACILITY BECAUSE THAT'S PRETTY MUCH WHAT WE ARE.

WE DO RECYCLE, END OF LIFE VEHICLES.

THAT'S ALSO STATED BY THE LETTER THAT'S ATTACHED TO THE HANDOUTS THAT I GAVE YOU ON THE FIRST PAGE.

IN TRUE MANNER WE ARE A RECYCLING FACILITY.

>> PROCEDURALLY COMMISSIONER, THE APPLICATION WAS SUBMITTED AND THE NOTICE WAS WRITTEN AS AN AUTOMOBILE SALVAGE YARD.

THEY INDICATED THEY WOULD NOT OPERATE AS A JUNKYARD.

A JUNKYARD BEING A SPECIFIC DEFINED TERM BY THE TEXAS LEGISLATURE.

IF THEY LOOK TO EVER OPERATE AS A JUNKYARD THAT IS EITHER GOING TO BE A SEPARATE APPLICATION OR IT WOULD BE GROUNDS FOR DENIAL IF THEY ACT AS A JUNKYARD WITHOUT THE COMMISSIONER'S COURT APPROVAL.

>> JUNKYARD TYPICALLY ACCEPTS ANYTHING.

WE ARE STRICTLY AUTO RECYCLING.

>> COULD I ASK A QUESTION? SURE.

AT THE LAST MEETING WHEN YOU GUYS CAME BEFORE US, WE TALKED ABOUT THE NATURE OF YOUR OPERATIONS AND THEN MADE SEVERAL REQUEST OF YOU GUYS.

ONE OF THOSE WAS TO MAKE THE FENCE COLOR CONSISTENT WITH THE STATE REQUIREMENTS, WHICH IS AN EARTH TONE.

YES, SIR.

THEN WE REQUESTED INFORMATION ON WATER QUALITY SYSTEMS THAT WOULD ADDRESS YOUR DRAINAGE COMING OFF THE SITE, AND I THINK WE REQUESTED INFORMATION REGARDING A POSSIBLE LINER TO REDUCE THE CHANCES OF CONTAMINANTS GETTING INTO THE GROUNDWATER.

WE RECEIVED A RESPONSE FROM YOU GUYS A LITTLE BIT AGO, I THINK ABOUT A WEEK OR SO AGO, AND THE FENCE ISSUE SEEMED TO BE ADDRESSED.

BUT THE LINER, IT WAS INDICATED THAT THAT WASN'T FEASIBLE BECAUSE IT COULD BE EASILY PUNCTURED.

BUT THERE WAS NO INFORMATION ON WATER QUALITY.

I KNOW YOU HANDED SOMETHING OUT JUST NOW, AND I HAVEN'T HAD A CHANCE TO REVIEW THAT.

WHAT IS YOU ALL'S POSITION ON THAT? ON THE WATER QUALITY, IN THE PREVIOUS PACKET THAT WE SUBMITTED, THERE ARE SEVERAL REPORTS FROM HORIZON AND ESL, AND THAT'S WHAT WE'RE ADDRESSING ON THE WATER QUALITY ON THAT SIDE OF IT.

THEN AS FAR AS THE LINER IS CONCERNED, YES, THAT IS CORRECT.

THAT IS A VERY EXPENSIVE ENDEAVOR TO ACTUALLY DO THAT, BUT IT WON'T REALLY LAST VERY LONG BECAUSE IF IT GETS PUNCTURED, THEN THAT DEFEATS THE PURPOSE.

WHAT ABOUT HAVING A LINER IN THE DETENTION SECTION? IN THE DETENTION AREA? THAT IS SOMETHING POSSIBLY THAT WE COULD LOOK INTO, BUT THIS PACKET THAT I JUST HANDED OUT ON THE LAST PAGE OF IT, WE'RE TALKING ABOUT THE PRELIMINARY DRAINAGE PLAN.

IN THAT PLAN, WE HAVE WATER INTERCEPTORS THAT WOULD PRETTY MUCH COVER THE ENTIRE SITE, SO WE WON'T LET ANY WATER RUNOFF.

FROM OUR PERSPECTIVE, WE THOUGHT THAT WOULD BE A BETTER ALTERNATIVE TO A LINER.

THERE IS NO WATER RUNOFF AT THE SITE?

[00:55:02]

YES.

WHERE IS IT GOING? THE WATER RUNOFF, LET'S SAY, ANY STORM WATER OR ANYTHING ELSE THAT WAS THE CONCERN FOR THE LINER, THAT'S WHAT WE'RE ADDRESSING WITH THE DRAINAGE PLAN THAT WE WILL CATCH IT WITHIN TWO INTERCEPTORS THAT WOULD SEPARATE ANY CONTAMINANTS OR ANYTHING ELSE IF THERE ARE ANY.

AS FAR AS CONTAMINANTS, THE REPORT THAT IS FROM HORIZON ON IT.

ON THE FIRST PAGE, ESC, THAT ACTUALLY STATES THAT ON OUR EXISTING YARDS, THIS JUST A COMPANY THAT WE USE THAT SERVICES OUR EXISTING YARDS, AND THEY DO OUR WATER QUALITY, AND WE'RE HEAVILY REGULATED BY TCQ AND OTHER ENVIRONMENTAL BODIES.

DO YOU HAPPEN TO KNOW THE PERCENT CONTAMINANT REMOVAL? IS IT ABOVE 80? CHRIS IS ONE OF OUR OPERATION MANAGERS HE CAN ANSWER THAT.

I DON'T HAVE THE EXACT PERCENTAGE.

IT'S VERY SMALL.

IT'S NOT EVEN SOMETHING THAT WE MEASURE BECAUSE OF THE PROCEDURES.

MY GOAL AS BEING IN THE OPERATION SIDE OF IT IS TO NOT WORRY ABOUT THE FLUIDS THAT'S IN THE YARD BECAUSE OUR PROCESSES ARE PRETTY THOROUGH IN DRAINING.

THE WHOLE IDEA IS TO DRAIN IT BECAUSE IT'S VERY EXPENSIVE SHOULD ANY FLUIDS GET OUT THERE INTO THE YARD.

THAT'S WHY WE ADOPTED THE INTERCEPTOR.

I WAS AN AREA MANAGER FOR THE PICK-N-PULL, WHICH IS A BIG SALVAGE YARD IN CALIFORNIA.

WE ADOPTED RECENTLY FOR THIS PROJECT THE CALIFORNIA STANDARDS, WHICH ARE VERY STRINGENT ON STORM WATER.

THEIR GUIDELINES BASICALLY SAY THAT NO WATER CAN LEAVE THE PROPERTY WITHOUT GOING THROUGH A STORM WATER INTERCEPTOR.

WHAT DOES THE INTERCEPTOR DO? IT'S BASICALLY A BIG FILTRATION BOX THAT SITS IN THE GROUND AND THE WATER ENTERS THE CHAMBER AND THEN IT FILLS UP TO ANOTHER LEVEL, GOES OVER THE OTHER CHAMBER WITH ALL OF THE CONTAMINANTS SETTLING.

IT TAKES CARE OF OIL, SEDIMENT, ANY CHEMICAL NUTRIENTS.

ANYTHING THAT'S HEAVIER THAN WATER WILL SETTLE TO THE BOTTOM, AND THEN IT'S EASILY JUST DISPOSED OFF BY BEING SUCKED OUT.

WHAT RAIN EVENT WOULD INUNDATE THAT TO THE POINT WHERE IT DIDN'T WORK? DO YOU HAVE ANY IDEA, THREE INCHES, FIVE INCHES? THE STORM WATERS INTERCEPTORS ARE NORMALLY 4-5 FEET DEEP, AND I USUALLY HAVE TO CLEAN THEM OUT ABOUT ONCE EVERY TWO YEARS AND IT'S NORMALLY ABOUT MAYBE 6-8 INCHES IN THE FIRST COMPARTMENT.

THEN AS THE COMPARTMENTS GO DOWN, BY THE TIME YOU GET TO THE LAST COMPARTMENT, YOU'RE JUST BASICALLY SWEEPING OUT SILT.

SO HOW MANY GALLONS WAS MY QUESTION THOUGH? BECAUSE IF WE HAD, LET'S JUST SAY WE HAD A LARGE RAIN EVENT, WHICH WE GET HERE FREQUENTLY, AND SAY YOU GET THREE INCHES AN HOUR AND THAT'S DRAINING YOUR WHOLE YARD, THAT'S GOING TO FILL THAT INTERCEPTOR UP, RIGHT? NO, BECAUSE THE WAY THAT WE HAVE IT DESIGNED IS THAT IT'LL BE DUAL INTERCEPTORS.

THERE'S REALLY NO WAY TO HAVE ALL THE WATER BE CONTAINED BY ONE.

WE DID A DUAL INTERCEPTOR PLAN ON BOTH SIDES SO THAT THEY GRADE, AND THE IDEA BEHIND THE GRADING IS EVERYBODY LIKES DETENTION PONDS, BUT ALL DETENTION PONDS DO IS THAT THEY HOLD THE SEDIMENT.

THE WAY THAT WE GRADE THE YARDS IS THAT IT BRINGS THE FLOW TO THE BACK INTO A BERM AREA, WHICH WORKS AS A DETENTION SO WE CAN GET THE SILT OUT OF THE WATER BECAUSE WE DON'T WANT TO CLEAN THE SILT OUT OF THE INTERCEPTORS, AND THEN THE ENTIRE BORDER OF THE YARD ACTS AS THE DETENTION POND.

IT FUNNELS THE WATER THROUGH THOSE INTERCEPTORS SO WE CAN GET THAT LAST FILTRATION BEFORE CHEMICAL FILTRATION BEFORE IT LEAVES THE PROPERTY.

JUST TO ANSWER YOUR QUESTION IN TERMS OF THE RAIN EVENT, THE INTERCEPTORS WOULD BE DESIGNED TO BE OVER THE CAPACITY OF WHAT THE AVERAGE RAINFALL IS SO WE'RE NEVER LOOKING AT A SITUATION WHERE WE HAVE A HEAVY RAIN EVENT AND OUR INTERCEPTORS ARE NOT ABLE TO HANDLE IT.

THEY'LL BE OVER-DESIGNED.

OKAY.

ONE MORE QUESTION. YOUR PERIMETER FENCE I WOULD ASSUME THAT YOU'RE NOT GOING TO PLACE THAT ON THE PROPERTY LINE BECAUSE YOU'RE GOING TO NEED TO MAINTAIN THE EXTERIOR OF THAT FENCE, AND THAT WILL PUT YOU ON YOUR NEIGHBOR'S PROPERTY.

ARE YOU GOING TO HAVE A PERIMETER ROAD ON THE OUTSIDE OF THAT FENCE? USUALLY, THE WAY THAT IT WORKS IS OUR FENCES ARE NEAR THE PROPERTY LINE AND THE FENCES THAT WE USE, THEY DON'T REQUIRE ANY MAINTENANCE FOR UP TO 20 YEARS.

THEY'RE METAL [INAUDIBLE] PANELS.

WE WON'T BE BARGING INTO THE NEIGHBOR'S PROPERTY.

[INAUDIBLE] YEAH.

NO. WE DO HAVE A CREW THAT COMES OUT AND THEY WILL TAKE CARE OF IT.

[INAUDIBLE] WE CAN DO A SETBACK.

IF THAT'S THE CASE, WE CAN DO A SETBACK OF A COUPLE OF FEET OR FIVE FEET IN THAT CAPACITY WHERE WE CAN ACTUALLY MAINTAIN THE OUTSIDE OF IT.

[01:00:02]

THE FRONT PART AS WE LOOKED AT LAST TIME ON THE RENDERINGS, THE FRONT OF IT HAS A PARKING LOT, SO WE CAN ACTUALLY MAINTAIN THAT PART OF IT.

BUT IN TERMS OF THE SITES THAT YOU'RE CONCERNED WITH, THAT PROPERTY THAT IS THE BACKSIDE OF IT THAT'S GOING UP AGAINST MR. SMITH'S PROPERTY, WE CAN LEAVE A SETBACK IN THAT AREA.

[INAUDIBLE] YES, MA'AM. THAT'S GOING TO BE AN OPEN AREA AND THERE WILL BE A FENCE.

THE PERIMETER OF THE SALVAGE YARD WOULD BE FENCED OUT AND THEN THAT 400 FEET THAT WE'RE LEAVING OUT IN THE BACK WOULD BE FOR ANY FUTURE DEVELOPMENT.

WHAT FUTURE DEVELOPMENT WOULD YOU FORESEE HAPPENING BACK THERE? THAT'S DEPENDENT ON THE OWNER AT THIS POINT.

IT COULD BE FLEX OFFICE SPACES OR ANYTHING ELSE.

[INAUDIBLE] COME BACK TO US, JASON.

I AM CHECKING THAT.

I USED TO WORK FOR A COMPANY CALLED COMPLIANCE RESOURCE MANAGEMENT.

I WAS THEIR INDUSTRIAL OPERATIONS MANAGER AND WE PROBABLY DID ALMOST EVERY SALVAGE YARD IN THE STATE OF TEXAS.

I HAVE RARELY SEEN ONE THAT WAS COMPLETELY COMPLIANT.

WHEN THERE WAS A DISCHARGE AS THEIR CONSULTANT, WE NOTIFIED THEM OF THE DISCHARGE BUT WE CERTAINLY DIDN'T TURN THEM IN AT THE TCQ.

THAT WOULD HAVE BEEN UP TO ONE OF THEIR NEIGHBORS TO DO, AND IT NEARLY NEVER HAPPENED.

THAT'S WHY I'M CONCERNED ABOUT DISCHARGE.

STATE REGULATES THIS SOMEWHAT, BUT THEY DON'T ENFORCE IT MUCH.

I CAN JUST TELL YOU THAT FROM PAST EXPERIENCE THAT RARELY, AND I SAW SOME REALLY BAD SALVAGE YARDS THAT DIDN'T DO WHAT YOU GUYS DO AND I'M SURE YOU'VE SEEN THEM TOO.

NOTHING EVER HAPPENED TO THOSE GUYS.

[INAUDIBLE]

>> THE HEADLAMP.

>> TEXAS RING.

>> TCQ DOES HAVE THIS MULTI-SECTOR GENERAL PERMIT, BUT THEY DO A REALLY POOR JOB OF ENFORCING IT.

IN FACT, THEY DON'T REALLY ENFORCE IT.

>> WE'VE TRIED TO GOVERN OURSELVES BECAUSE WE'RE TRYING TO SET THE STANDARD IN THE INDUSTRY, LIKE PICK AND PULL, YOU PULL OVER.

IT'S NOT LIKE A JUNK CAR, EVERY TIME WE DRIVE DOWN THE HIGHWAY, LIKE LOOK AT THAT THOSE GUYS HAVE PERMITS.

THAT'S NOT EVEN CLOSE TO WHAT WE ARE BETWEEN [INAUDIBLE], OUR STATE-OF-THE-ART DRAINING PROCESSES AND WE'RE CONSTANTLY IMPROVING.

THE OWNER, IF HE HAD IT HIS WAY, HE'D HAVE IT LOOKED LIKE A MACY'S INSIDE WITH CARPET AND SPECIAL LIGHTING AND STUFF.

WE'RE AN EVER CHANGING, EVOLVING COMPANY.

WE'RE ALWAYS GETTING BETTER AT THE PROCESSES IN WHICH WE RECOVER BECAUSE WE MONITOR OUR DISCHARGE POINTS BECAUSE IT'S VERY EXPENSIVE.

IF YOU DISCHARGE, IT ONLY TAKES ONE COMPLAINT AND YOU HAVE HUNDREDS OF THOUSANDS OF DOLLARS AND YOUR FACILITY IS SHUT DOWN.

SO WE OPERATE ON ENVIRONMENTALLY CONSCIOUS SIDE OF MAKING SURE THAT WE HAVE OUR STORMWATER MEASURES IN PLACE AND THE INTERCEPTORS ARE A GREAT TOOL FOR US BECAUSE IT'S LESS MAINTENANCE FOR US.

>> DO YOU HAVE A COMPANY SUCH AS THE JUDGE WAS TALKING ABOUT THAT MONITORS AND TESTS YOUR DISCHARGE?

>> YES, SIR. THAT IS ON PAGE 2.

WE USE ESC FOR THAT.

>> WHERE DO THOSE REPORTS GO? DO THEY JUST GO TO YOU GUYS?

>> YES, THEY COME TO US.

ECS ACTUALLY REPORTS TO THE TCQ TOO, RIGHT?

>> YES.

>> YES, SO THEY DO REPORT TO THE TCQ.

>> ARE THOSE REPORTS AVAILABLE FOR INSPECTION THAT COULD BE VIEWED?

>> YES, THEY COULD BE VIEWED.

>> [INAUDIBLE]

>> [OVERLAPPING] THIS IS THE MULTI-SECTOR GENERAL PERMIT EXPLORATION.

THIS IS NOT CHARLES PERMIT.

THIS IS MULTI-SECTOR GENERAL PERMIT FOR THE WHOLE STATE, CORRECT?

[01:05:01]

>> THIS ONE, THE STORM DISTRICT.

>> I DON'T SEE A NUMBER ON IT, THAT'S WHY I DON'T THINK IT IS.

USUALLY IT'S GOT A TXR050 AND SOME NUMBERS.

SO THIS IS JUST A COPY OF A MULTI-SECTOR GENERAL PERMIT THAT GOVERNS ALL SALVAGE YARDS.

>> YES.

>> IT'S NOT A SPECIFIC PERMIT TO A SPECIFIC YARD.

IT WOULD HAVE A [OVERLAPPING] USUALLY THESE THINGS ARE STAMPED, SO THEY'LL SAY THE GENERAL PERMIT WAS APPROVED ON THE 13TH, 2016, AND THEY'RE USUALLY GOOD FOR FIVE YEARS.

THEN THEY'LL COME OUT WITH A NEW MULTI-SECTOR GENERAL PERMIT, WHICH THEY DID AFTER THIS ONE.

>> YES, SIR.

>> THIS ISN'T THE MOST CURRENT ONE, BUT IT DOESN'T APPLY TO A PARTICULAR SALVAGE YARD.

IF IT DID, IT WOULD HAVE WHERE IT SAYS TXR050000, IT WOULD HAVE TXR050 AND A NUMBER, LIKE 159 OR SOMETHING.

>> [INAUDIBLE]

>> THEY WOULD ISSUE A PERMIT.

IT'S A ONE-PAGE PERMIT THAT HAS THAT NUMBER ON IT. YEAH.

>> IF YOU WERE TO RECEIVE THIS PERMIT, THE OLD AUTO SHOP THAT'S BEEN MANY THINGS IN THE PAST; MAR, CHINCHILLA FARM, AND THOSE KIND OF THINGS.

WOULD THAT BE MOVED OR DEMOLISHED AND REMOVED FROM THE SITE?

>> YES SIR. BASED ON THE RENDERINGS THAT WE SHOWED IN OUR PREVIOUS MEETINGS AND THEY'RE IN THERE TOO, THEY WILL BOTH BE REMOVED.

THE ENTIRE SITE WOULD BE CLEANED, AND THEN WE HAVE TWO, I BELIEVE, 80 BY 100 NEW META BUILDINGS THAT ARE GOING THERE THAT WILL ENCLOSE ANY OPERATIONS IN TERMS OF LET'S SAY ANYTHING ELSE THAT WE'RE DOING.

THE FRONT OF IT WOULD BE EXACTLY HOW THE RENDERING IS DISPLAYED.

>> THERE WERE AT TIMES UP TO ABOUT FOUR MOBILE HOMES ON THAT SITE.

DO Y'ALL KNOW WHERE ALL THE OLD SEPTIC SYSTEMS AND THOSE THINGS ARE?

>> CURRENTLY, I THINK THERE'S ONLY ONE TRAILER ON THERE AND WE DO HAVE A SURVEY DONE ON IT.

I'M NOT REALLY EXACTLY SURE WHERE THE SEPTIC ON THAT IS.

I KNOW WHERE THE WATER LINES ARE COMING IN, BUT WE WILL HAVE TO DESIGN OUR OWN ANYWAYS, SO WE WON'T BE USING THE EXISTING ONE.

>> [INAUDIBLE] WHAT I THINK TO ANSWER YOUR QUESTION, YOU WOULD HAVE TO ASK ABOUT THE SCREENING BEFORE WITH THE OPEN SITE.

THE STATE LAW ON THAT IS JUST THAT IT MUST BE SCREENED ON ANY SIDE THAT FACES A PUBLIC ROAD OR RESIDENCE.

I KNOW THAT THIS IS SURROUNDED BY RESIDENTIAL PROPERTIES AND IT WOULD DEPEND ON WHETHER OR NOT THAT SIDE FACES THE RESIDENTS ARE NOT.

WITHOUT SEEING THE MAP IN FRONT OF ME, I COULDN'T SPEAK TO THAT.

>> CAN WE GO ABOVE AND BEYOND THE BASIC THAT ARE OUTLINED IN THE STATE REGULATIONS?

>> OUR ORDINANCE DOESN'T SPECIFICALLY REGULATE THE SCREENING.

>> WHAT IT WOULD AS A CONDITION OF APPROVAL?

>> IT WOULD BE A CONDITION ON THE PROPERTY, YES.

>> WE DO HAVE PERIMETER FENCING ON ALL FOUR SIDES, REGARDLESS, AND THE FENCE IS USUALLY AROUND NINE FEET.

>> I'M PREPARED TO MAKE A MOTION, JUDGE, WHENEVER.

>> ANY OTHER DISCUSSION?

>> JUST FOR CLARIFICATION, TRACY'S LETTER THAT'S IN THE BACKUP.

THOSE CONDITION THAT HE SPELLED OUT IN THERE, SPECIFICALLY THE PROPERTY BEING WITHIN 1,000 FEET OF A RESIDENCE AND 1,500 FEET OF WATER BODIES, THOSE COULD BE USED AS FATAL FLAWS ACCORDING TO OUR ORDINANCE, CORRECT?

>> YES, COMMISSIONER. IT'S NOT REQUIRED THAT THE [OVERLAPPING]

>> BUT IT MAY?

>> YES.

>> OKAY. JUST WANTED TO CLARIFY.

>> GO AHEAD.

>> I RECOMMEND THE WE APPROVE THE REQUEST CONTINGENT UPON THE TESTING OF THE RUNOFF WATER AS IT LEAVES THE FACILITIES THAT YOU'VE DISCUSSED AND THAT THOSE TESTING RECORDS BE AVAILABLE FOR INSPECTION BY THE COUNTY OR THE PUBLIC UPON REQUEST.

ALSO CONDITIONED UPON THE FENCE BEING AN EARTH TONE TYPE FENCE THAT IS SET BACK 10 TO 12 FEET FROM THE PROPERTY LINES SO THAT MAINTENANCE TO THE OUTSIDE OF THAT FENCE CAN OCCUR AND IF POSSIBLE, THAT THAT AREA COULD BE SCREENED WITH VEGETATION

[01:10:03]

ALONG THE FENCE LINE ON THE AREAS FACING SURROUNDING PROPERTIES.

ALSO CONDITIONED UPON THE OFFICE STRUCTURE BEING ACCURATELY REPRESENTED BY THE INFORMATION THAT YOU'VE SUPPLIED TO US AND THAT THAT'S ACTUALLY WHAT IS BUILT ON THE PROPERTY.

[NOISE]

>> WE COULD SUBMIT A FORMALIZED SITE PLAN ONCE WE HAVE ONE.

>> I BELIEVE THAT'S IT.

>> WE HAVE A MOTION TO APPROVE BASED ON THOSE CONDITIONS. DO WE HAVE A SECOND?

>> JUDGE, SORRY, JUST ONE OTHER CONDITION THAT WAS REFERENCED DURING THE DISCUSSION, IT WAS ALSO THEY DO NOT OPERATE AS A JUNKYARD.

>> YES.

>> THAT WOULD JUST BE ONE MORE CONDITION.

>> I WOULD AMEND MY MOTION TO SPECIFY THAT CANNOT OPERATE A JUNKYARD ON THE SITE.

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

>> I WILL MAKE THE SECOND.

I'VE GOTTEN LOTS OF CALLS ON THIS EVENT, BOTH FOR AND AGAINST.

BUT I'LL SECOND THE MOTION.

>> ANY OTHER DISCUSSION? I WOULD LIKE TO POINT OUT THAT THAT MULTI-SECTOR PERMIT DOES REQUIRE THEM TO TEST, BUT I CAN'T REMEMBER IF IT'S ONLY ONCE OR TWICE A YEAR.

THERE'S GOT TO BE A SPECIFIC AMOUNT OF RAIN.

I BELIEVE IT'S 0.1 INCHES.

>> IF WE WERE TO TIE THAT TO A MORE FREQUENT TIMELINE THAN THAT, WHAT WOULD BE A PROBABLE?

>> THEY TRIGGER IT ON A 0.1 INCH RAIN, WHICH IS PRETTY SMALL AND DOESN'T NORMALLY GENERATE A RUNOFF BUT I WOULD SAY A HALF-INCH RAIN, SOMETHING LIKE THAT TRIGGERS HAVING A SAMPLE FOR THESE PARAMETERS AND THE PERMIT.

>> I WOULD AMEND THE MOTION TO [NOISE] TIE THAT TESTING TO AFTER A HALF-INCH RAIN AND THAT THE CONTRACT WITH YOUR ENVIRONMENTAL TESTING FIRM BE PROVIDED TO THE COUNTY FOR INSPECTION AS PART OF THIS REQUEST.

>> OF COURSE.

>> [OVERLAPPING] WE HAVE A MOTION AND A SECOND.

ANY OTHER DISCUSSION? OKAY. CALL THE VOTE.

ALL IN FAVOR APPROVING THE PERMIT BASED ON THOSE CONTINGENCIES SAY AYE.

>> AYE.

>> AYE.

>> OPPOSED. NAY.

>> AYE.

>> AYE.

>> AYE.

>> WE HAVE THREE NOES AND TWO YESES.

THE PERMIT IS DENIED.

APPLICATION IS DENIED.

>> THANK YOU.

>> THANK YOU.

>> JUDGE, THE DENIAL REALLY OUGHT TO BE MADE BASED ON THE FINDINGS IN THE LETTER FROM THE [OVERLAPPING]

>> MY VOTE IS A NO VOTE [OVERLAPPING] BASED ON THE FAILURE OF THE 1,500 FEET OF A WATER BODY.

>> THAT WAS A FAILURE OF A MOTION TO APPROVE.

SHOULD WE HAVE ANOTHER MOTION?

>> YES. WE SHOULD.

THE MOTION TO APPROVE FAILED.

DO WE HAVE A MOTION TO DENY?

>> [INAUDIBLE].

>> I WOULD SUGGEST BASED ON ITS PROXIMITY TO A RESIDENCE WITHIN A 1,000 FEET AND 1,500 FEET OF A WATER BODY.

>> [INAUDIBLE].

>> WE HAVE A MOTION TO DENY BASED ON ITS PROXIMITY TO 1,500 FEET OF A WATER BODY AND A 1,000 FEET OF RESIDENCE. DO WE HAVE A SECOND?

>> I'LL SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE. [OVERLAPPING]

>> OPPOSED.

>> AYE OR NO.

>> COMMISSIONER?

>> NO.

>> OKAY.

WE HAVE THREE YESES AND TWO NOS TO DENY.

>> COMMISSIONER [OVERLAPPING]. SORRY [INAUDIBLE]

>> CONDITIONS.

>> SORRY. I CAN HAVE A RESOLUTION DRAWN OUT FOR THE COURT TO SIGN IN A FEW MINUTES, IF WE CAN JUST TAKE A BRIEF RECESS OR JUST CONTINUE THROUGH THE [OVERLAPPING].

>> WE CAN TAKE IT, HOW LONG DO YOU NEED?

>> IT'S MOSTLY DRAFTED. I JUST NEED TO MAKE SURE THE NUMBERING IS RIGHT FOR OUR RESOLUTION NUMBERS, AND THEN IT JUST NEEDS TO BE PRINTED.

>> FIVE OR 10 MINUTES?

>> YES, JUDGE.

>> OKAY. WE'LL TAKE A 10 MINUTE RECESS BEGINNING AT 10:14.

[BACKGROUND] OKAY.

WE'RE GOING TO GO AHEAD AND RESUME COMMISSIONERS COURT AT 10:26 AND CHASE, WOULD YOU READ THE RESOLUTION THAT GO ALONG WITH OUR ACTION, PLEASE?

[01:15:02]

>> RESOLUTION 35-2022 RESOLUTION OF THE CALDWELL COUNTY COMMISSIONERS COURT.

WHEREAS CALDWELL COUNTY IS A POLITICAL SUBDIVISION OF THE STATE OF TEXAS, WHEREAS FLINT ROCK OFFICE SUITES, LLC SEEKS TO ESTABLISH ITSELF, PURCHASE PROPERTY AND OPERATE AN AUTOMOTIVE SALVAGE AND RECYCLING YARD IN CALDWELL COUNTY.

WHEREAS TO PROTECT THE PUBLIC HEALTH SAFETY, OR WELFARE OF ITS CITIZENS, THE TEXAS TRANSPORTATION CODE, SECTION 396.041 AUTHORIZES THE COUNTY TO REGULATE JUNK YARDS AND AUTOMOTIVE SALVAGE AND RECYCLING YARDS THROUGH AN ADOPTED ORDINANCE AND LICENSURE AND THE COUNTY HAS ADOPTED SUCH ORDINANCE AND LICENSURE.

WHEREAS SECTION 396.0413 ALLOWS THE COUNTY COMMISSIONER'S COURT TO CONDITION AND LICENSE TO OPERATE A JUNKYARD OR AN AUTOMOTIVE, WRECKING AND SALVAGE YARD ONLY AT A LOCATION APPROVED BY THE COMMISSIONERS COURT.

WHEREAS FLINT ROCK OFFICE SUITES, LLC HAS APPLIED ONLY TO OPERATE AN AUTOMOTIVE WRECKING AND SALVAGE YARD.

WHEREAS DOUCET ASSOCIATES, AN ENGINEERING CONSULTANT FIRM HIRED BY THE COUNTY HAS DETERMINED THAT THE PROPOSED SALVAGE YARD IS WITHIN 1,000 FEET OF A RESIDENTIAL PROPERTY LINE AND WITHIN 1,500 FEET OF A BODY OF WATER.

NOW THEREFORE, BE IT RESOLVED BY THE CALDWELL COUNTY COMMISSIONERS COURT THAT ONE, THE PROPOSED AUTOMOTIVE WRECKING AND SALVAGE YARD IS WITHIN 1,000 FEET OF A RESIDENTIAL PROPERTY LINE IN VIOLATION OF COUNTY ORDINANCE.

TWO, THE PROPOSED AUTOMOTIVE WRECKING AND SALVAGE YARD IS WITHIN 1,500 FEET OF A LAKE, RIVER, TRIBUTARY OR POND IN VIOLATION OF COUNTY ORDINANCE, AND THREE, THE PENDING APPLICATION BY FLINT ROCK OFFICE SUITES, LLC IS DENIED BASED ON THE ABOVE FINDINGS.

ORDERED THIS 24TH DAY OF MAY 2022.

>> OKAY. COMMISSIONERS, WE HAVE A MOTION TO APPROVE RESOLUTION 352022.

>> SO MOVE.

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

>> I SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> [OVERLAPPING] AYE.

>> HOW MANY WAS THAT?

>> FOUR.

>> FOUR.

>> OKAY. OPPOSE?

>> AYE.

>> ONE OPPOSE. RESOLUTION IS APPROVED.

ITEM 22 DISCUSSION ACTIONS OF THE UPDATE OF

[22. Discussion of the update of Black Ankle Rd. in the CDBG-DR Program Infrastructure Projects. ]

BLACK ANKLE ROAD IN THE CDBG-DR PROGRAM INFRASTRUCTURE PROJECTS.

>> THANK YOU, JUDGE. COMMISSIONERS, BASED ON DECISIONS THAT WERE MADE AT A COUPLE OF MEETINGS AGO, WE ARE SCHEDULED TO PRESENT PROGRESS REPORTS ON BLACK ANKLE, POLITICAL ROAD, BIGG ROAD, WITTER ROAD, THE INFRASTRUCTURE GRANT ROADS BASICALLY, ON OUR MEETING BY MEETING BASIS.

I WILL LET YOU KNOW THAT HAS BEEN OCCURRING FOR A NUMBER OF MONTHS NOW.

EVERY OTHER MONDAY, THE CONTRACTOR, MYSELF, DOUCET ENGINEERS, LANGFORD COMMUNITY MANAGEMENT SERVICES MEET FOR A PROGRESS REPORT ON THE DEVELOPMENT OF THOSE ROADS AND ALSO I WANT TO ADD THAT STARTING THIS MONTH, WE ARE NOW MEETING ON A MONTHLY BASIS WITH THE GLO, WHICH IS THE FUNDER OF THE GRANT, NOT ONLY TO DISCUSS THE INFRASTRUCTURE GRANT, WHICH IS A GLO GRANT, BUT ALL THREE OF OUR GLO GRANTS THAT WE HAVE WITH THAT DEPARTMENT, JUST UPDATES THAT WE PROVIDE THEM.

WEATHER HAS BEEN GOOD TO US SINCE WE HAD OUR LAST MEETING AND I'M GOING TO TURN THE PROGRAM OVER TO DAVID CLARK, WITH DOUCET ENGINEERING.

HE'S OUR PROJECT MANAGER ON THE INFRASTRUCTURE GRANT.

>> GOOD MORNING, JUDGE. GOOD MORNING, COMMISSIONERS.

AS DENNIS MENTIONED, WE'VE BEEN MAKING GOOD PROGRESS AT BLACK ANKLE.

WE'VE BEEN FORTUNATE WITH THE WEATHER LAST COUPLE OF WEEKS.

CONTRACTOR HAS ACCELERATED THEIR SCHEDULE TO MAKE SURE THAT WE BEAT RAIN EVENTS AS THEY COME IN ON FORECASTS.

WE WERE ABLE TO GET THE FOUNDATION, WALLS AND TOP POURED ON THE BOX CULVERT AT BLACK ANKLE ROAD, CURRENT STAGE RIGHT NOW, WHILE THE BOX CULVERT IS CURING AND REACHES 75 PERCENT DESIGN STRENGTH THAT WAY, THEN THEY CAN BEGIN TO BACKFILL THE STRUCTURE.

THEY'VE GOT RAIL TO INSTALL, ROCK RIP-RAP, AND THEN FENCE AND WATER GAP.

ONCE THE CULVERTS BACK FILLED, THEY CAN SCHEDULE PAVEMENT AND HOPE TO CLOSE THAT SITE UP.

WE REQUESTED THE SCHEDULE FOR ALL THE RAINING SITES FROM DEBBIE JC, WHICH THEY PROVIDED.

IT SHOWS CONCURRENT WORK AT SEVERAL SITES.

HOWEVER, THEIR COMPLETION DATE DOES SHOW NOVEMBER 7TH.

WE ADVISE THEM THAT THE END OF THE CONTRACTS FOR CONSTRUCTION IS SEPTEMBER 5TH, AND THE NOTICE TO PROCEED THEY SIGNED INDICATES LIQUIDATED DAMAGES $500 PER DAY.

THE SCHEDULE THEY PROVIDED, THEY DID WANT TO EMPHASIZE IS A REALISTIC SCHEDULE.

HOWEVER, IF THERE'S ANY OPPORTUNITY TO MOVE TO DIFFERENT SITES, MOVE OR ACCELERATE ANY ITEMS, THEY WILL ABSOLUTELY DO THAT.

JUST LIKE YOU-ALL WE DON'T WANT TO OUT STAY THEIR CONSTRUCTION SCHEDULE, SO EVERY OPPORTUNITY THAT WE FIND AS WE GO FORWARD TO ACCELERATE WORK WE ABSOLUTELY WILL.

[01:20:04]

>> DID YOU ALL TAKE THREE CORE SAMPLES, DO YOU DO A BREAK AT SEVEN AND THEN 10, AND THEN 28 DAYS, OR HOW DOES THAT WORK?

>> I BELIEVE FOR POLITICAL ROAD AND THE FIRSTBORN BLACK ANKLE, I THINK THEY HAVE TWO CYLINDERS AND WE'VE ASKED THEM TO GO AHEAD AND DO THREE MOVING FORWARD SO WE CAN SEE IF WE HAVE EARLY STRENGTH.

TYPICALLY RIGHT NOW, THE CONCRETE MIX THAT THEY HAVE APPROVED SHOWS 90 PERCENT CONSTRUCTION STRENGTH OF FOUR DAYS, SO BASICALLY, WE WILL ADVISE TESTING TO BREAK AT FOUR DAYS, SEVEN DAYS, AND 28 DAYS.

BUT YEAH, AS SOON AS WE HIT STRENGTH, AS SOON AS WE MEET THAT CRITERIA AND IT'S VERIFIED, WE'LL MOVE FORWARD WITH THE NEXT STEP.

>> [INAUDIBLE]

>> FOR BLACK ANKLE? YES. THE NEXT STAGES ARE ALL CONTINGENT ON THE STRENGTH DEVELOPING, BUT ALSO WEATHER PERMITTING THEY'VE GOT A LOT OF EARTH WORK ON THE UPSTREAM AND DOWNSTREAM SIDE, BREAKING FORMS AND THEN THE ROCK RIP-RAP, AGAIN, BEING GINGER AROUND THE AT&T PHONE LINE THAT'S ON THE NORTH SIDE OF THE BOX CULVERT.

BUT YES, THE ITEMS THAT FOLLOW UP OUR EARTH WORK-RELATED FOR THE MOST PART UNTIL IT GETS TO THE PAVING STAGE.

>> CAN THE COURT GET COPIES OF THOSE SCHEDULES FOR THE OTHER ROADS?

>> YES, ABSOLUTELY. I FINISHED UP.

THEY GAVE ME INDIVIDUAL SITES.

I COMBINE THEM ALL INTO A SINGLE PDF AND SENT THAT TO DENNIS THIS MORNING.

I'LL MAKE SURE TO FORWARD THAT TO ALL COMMISSIONERS IN GEORGIA.

>> THANK YOU.

>> YES, SIR.

>> DAVID, I KNOW THAT WE'RE MAKING A PUSH ON BLACK ANKLE, BUT THEY'VE PULLED ALL THEIR CREWS OFF THE POLITICAL ROAD SIDE WHICH IS INCOMPLETE.

WHAT'S THE TIMELINE FOR THAT?

>> I'LL GET A AFFIRMED TIMELINE FROM THEM.

I ASKED THEM ABOUT THAT THIS MORNING BEFORE THE COMMISSIONERS MEETING THEY SAID THEIR FOCUS WAS GETTING BLACK ANKLE ACCELERATED IN NONE SINCE IT WAS DRAWING THE MOST [OVERLAPPING] ATTENTION.

>> I THINK YOU REQUESTED A SPECIFIC DURING YOUR LAST REPORT THAT WE WANTED THAT FINISHED UP.

>> YES, SIR.

>> IS THAT A CONSCIOUS DECISION THAT THEY'VE MADE IN OPPOSITION TO WHAT WE HAD ASKED THEM TO DO?

>> I DON'T BELIEVE IS A CONSCIOUS DECISION IN OPPOSITION.

I THINK THE PRESSURE WAS TO BASICALLY TRY AND GET THE CONCRETE BOARD AT BLACK ANKLE BEFORE WEATHER MOVED IN.

IT LOOKED LIKE WE WERE GOING TO HAVE TWO DIFFERENT WEATHER EVENTS THAT HAD THE POTENTIAL TO DELAY CONSTRUCTION THERE, WHICH WOULD HAVE ALSO DELAYED CONSTRUCTION AT POLITICAL.

I THINK THEY WERE FOCUSED ON GETTING BLACK ANKLE CONCRETE IN SO THAT THEY COULD FREE UP A CREW TO FINISH UP POLITICAL ROAD.

BUT I WILL GET A FIRM DATE FOR WHEN THEY WILL BE BACK AT POLITICAL ROAD.

>> DAVID, I JUST WANTED TO REITERATE, AT LEAST FROM MY PART, I'M PRETTY SERIOUS ABOUT THAT SEPTEMBER 9TH BECAUSE THEY GOT A SIX MONTH EXTENSION ON THEIR LAST CHANGE ORDER TO GET THAT DAY.

>> YES, SIR.

>> I'M NOT INTERESTED IN GIVING THEM ANY LONGER.

>> ABSOLUTELY, I UNDERSTAND. I'LL MAKE SURE THAT'S COMMUNICATED TO THEM.

>> OKAY.

>> I FEEL AT THIS POINT WE HAVE BEEN PATIENT ENOUGH.

THAT TO ME IS A HARD DATE AT THIS POINT.

>> YES, SIR.

>> OKAY.

>> ANY OTHER DISCUSSION, COMMISSIONERS. OKAY, THANK YOU.

>> THANK YOU.

>> THANK YOU.

>> OKAY. ITEM 23,

[23. Discussion/ Action to consider the approval of an Order authorizing the filing of a Final Plat (Short Form Procedure) for Cruz Acres located on Old Colony line.]

DISCUSSION ACCIDENT CONSIDER THE APPROVAL OF AN ORDER AUTHORIZING THE FILING OF A FINAL PLAT SHORT-FORM PROCEDURE FOR CRUISE ACRES LOCATED ON OLD COLONY MINE ROAD.

>> THIS IS A SHORT FORM PLAT.

ACTUALLY THIS WAS CREATED FROM AN ILLEGAL SALE THAT THIS IS JUST BEING CORRECTED.

A LADY CAME INTO MY OFFICE ABOUT TWO YEARS AGO REQUESTING A SEPTIC PERMIT.

I LOOKED AT HER PAPERWORK AND LET HER KNOW THAT IT WAS AN ILLEGAL SPLIT OF LAND, SO THEY WENT TO THE SURVEY IN OFFICE AND IT'S JUST TOOK A LITTLE WHILE TO GET TO THIS POINT.

BUT AT THIS TIME IN THE BACKUP, YOU'LL SEE THAT THERE IS A RECOMMENDATION LETTER FROM TRACY BRIGHTEN STATING THAT EVERYTHING IS IN COMPLIANCE, ALL FEES ARE COLLECTED AND EVERYTHING IS GOOD TO GO WITH THIS POINT, JUST LOOKING FOR A RECOMMENDATION OF APPROVAL.

>> OKAY. COMMISSIONERS?

>> I'LL MAKE A MOTION WE APPROVE CRUISE LAKERS.

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

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> [OVERLAPPING] AYE.

>> OPPOSE? HEARING NONE, MOTION CARRIES.

>> THANK YOU.

>> THANK YOU. ITEM. 24, MOTION TO ADJOURN?

>> I'LL MAKE A MOTION ADJOURN.

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

>> SECOND.

>> WE HAVE MOTION AND A SECOND. ALL IN FAVOR SAY AYE.

>> AYE.

>> [OVERLAPPING] AYE.

>> OPPOSE? HEARING NONE MOTION CARRIES.

WE ADJOURNED AT 10:36.

* This transcript was compiled from uncorrected Closed Captioning.