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GOOD MORNING EVERYONE.

[A. CALL MEETING TO ORDER]

[00:00:04]

I'M GOING TO CALL THIS MEETING TO ORDER OF THE CALDWELL COUNTY COMMISSIONERS COURT AT 9 A.M., THIS 24TH DAY OF OCTOBER, 2023.

COMMISSIONER THOMAS, WOULD YOU BE SO KIND AS TO LEAD US IN THE INVOCATION? MIC] ALL RIGHT, COMMISSIONERS ANNOUNCEMENTS.

NONE. JUST NONE AT THIS TIME.

MR. THERIOT.

NONE AT THIS TIME.

MR. THOMAS.

AND I HAVE NONE AS WELL.

ANY STAFF ANNOUNCEMENTS? NONE. CITIZENS COMMENTS.

NO CITIZENS COMMENTS.

NO CITIZENS COMMENTS.

OKAY. WITH THAT, WE WILL MOVE TO THE CONSENT AGENDA.

[E. CONSENT AGENDA]

AND WE HAVE A LITTLE BIT DIFFERENT FORMAT DUE TO SOME NEW SOFTWARE THAT WE'RE USING.

SO COMMISSIONERS, DO I HAVE A MOTION TO APPROVE THE CONSENT AGENDA, WHICH ARE ITEMS E ONE THROUGH E TEN.

SO MOVED. I HAVE A MOTION TO APPROVE BY COMMISSIONER HORNE TO HAVE A SECOND.

SECOND? A SECOND BY COMMISSIONER THOMAS.

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

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

WITH THAT, WE'LL MOVE TO THE SECTION F OF THE AGENDA.

[F.1 Regarding burn ban]

DISCUSSION ACTION ITEMS. ITEM F ONE REGARDING THE BURN BAN.

HECTOR. GOOD MORNING, COMMISSIONERS, STAFF AND GALLERY.

WE'VE HAD SOME PRETTY GOOD RAIN THE LAST COUPLE OF DAYS, AND IT'S GOING TO PERSIST TILL ABOUT NEXT TUESDAY.

WE'LL GET A BREAK FOR A COUPLE OF DAYS, AND THEN IT PICKS UP AGAIN ON THURSDAY OF NEXT WEEK.

OUR NUMBERS FOR KBDI THE MINIMUM IS 110 MAX 575 AVERAGE 413 WITH A CHANGE OF -34 WITH RAINS WE'RE GETTING. GRASSES ARE TURNING GREEN.

SO I'M MAKING A RECOMMENDATION.

WE KEEP THE BURN BAN OFF.

OKAY, COMMISSIONERS, DO WE HAVE A MOTION TO KEEP THE BURN BAN OFF? SO MOVE. I HAVE A MOTION TO KEEP THE BURN BAN OFF BY COMMISSIONER THERIOT.

DO I HAVE A SECOND.

SECOND. SECOND BY COMMISSIONER HORNE? ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

THANK YOU. HECTOR. WITH THAT, WE'LL MOVE TO ITEM F TWO TO APPROVE THE CALDWELL COUNTY EMPLOYEE HOLIDAY SCHEDULE FOR

[F.2 To approve the Caldwell County Employee Holiday Schedule for calendar year 2024.]

CALENDAR YEAR 2024.

COMMISSIONERS, I BELIEVE YOU ALL HAVE A COPY OF IT IN FRONT OF YOU.

YOU HAVE ON THE PIECE OF PAPER.

IT ALSO HAS THE HOLIDAY SCHEDULE FOR 2022 AND 2023 JUST FOR REFERENCE, THE DIFFERENCE BETWEEN 2023 AND WHAT IS BEING PROPOSED IN 2024.

2023 WAS 13.5 HOLIDAYS, INCLUDING THE EMPLOYEE FLOAT DAY AND 2024 IS PROPOSED TO BE 15.5 DAYS, INCLUDING THE FLOAT DAY.

THIS IS MOSTLY DUE TO THE WAY THAT THE COUNTY SCHEDULE IS FALLING AROUND THE CHRISTMAS DAY TIME PERIOD AT THE END OF DECEMBER IN 2024.

SO EZZY DO YOU HAVE ANYTHING TO ADD TO THAT? I DO NOT, I JUST GAVE YOU GUYS A COPY OF THIS TO KIND OF GIVE YOU GUYS A LITTLE BACKGROUND THAT WE'VE HAD ABOUT 12.5, 13.5 DAYS OF VACATION.

ON THIS ONE PROPOSED IT'S UP TO YOU GUYS WHICH DAYS YOU WANT TO PUT ON THERE.

ONE OTHER HOLIDAY THAT PEOPLE NORMALLY TAKE THAT'S NOT ON THIS CALENDAR IS COLUMBUS DAY, AND I BELIEVE THAT'S IN OCTOBER AS WELL.

SO THE HOLIDAYS ARE ACTUALLY UP TO YOU GUYS TO DECIDE WHICH YOU WANT TO GIVE THE EMPLOYEES.

OKAY, COMMISSIONERS, COULD I GET A MOTION BEFORE WE HAVE ANY FURTHER DISCUSSION ON THIS ONE WAY OR THE OTHER? MAKE THE MOTION TO APPROVE.

I HAVE A MOTION TO APPROVE THE COUNTY HOLIDAY SCHEDULE FOR 2024 BY COMMISSIONER HORNE.

DO I HAVE A SECOND?

[00:05:02]

SECOND. SECOND BY COMMISSIONER THOMAS? ANY OTHER DISCUSSION ON THE PROPOSED HOLIDAY SCHEDULE? SO THE 24TH CHRISTMAS IS ON A WEDNESDAY.

THAT'S CORRECT.

I MEAN, IN 2024.

IN 2024.

SO IN 2023 CHRISTMAS FALLS ON THIS YEAR, IT FALLS ON A MONDAY.

2024 IS A LEAP YEAR.

SO IT MOVES IT FORWARD TWO DAYS TO WEDNESDAY.

THE REASON BEHIND THAT I WAS TOLD YESTERDAY THAT THE REASON THAT THE 24TH IS NOT ON THE HOLIDAY LIST IS BECAUSE THAT'S THE FOURTH TUESDAY OF A MONTH, AND TECHNICALLY WE WOULD HAVE COMMISSIONERS COURT SCHEDULED FOR THAT DAY.

AND WITHOUT THE KNOWLEDGE THAT THAT COURT DATE WOULD EITHER BE MOVED OR POSTPONED OR ANY OR CANCELED, THEY COULDN'T SET THE HOLIDAY ON THAT DAY, SO TO SPEAK, AND WE WON'T KNOW THAT FOR ANOTHER 13 MONTHS, ROUGHLY.

[LAUGHTER] SO THAT'S THE REASONING FOR THE CURRENT SCHEDULE.

AND SO THAT'S THE 25TH IS CHRISTMAS DAY.

THAT'S ON A WEDNESDAY. AND THEN THE TWO DAYS AFTER THAT ROUND OUT THE WEEK TO PROVIDE THOSE THREE DAYS OFF ON THAT WEEK.

BUT IT IS.

WHAT WE USUALLY DO TWO, RIGHT.

WE USUALLY DO TWO.

THAT'S CORRECT.

THAT IS WHERE THAT EXTRA DAY IS COMING FROM OR TWO EXTRA DAYS ARE COMING FROM ON THE PROPOSED SCHEDULE.

COMMISSIONER THOMAS AND COMMISSIONER HORNE ANYTHING TO ADD ON THAT? I DON'T HAVE ANYTHING.

OKAY. COMMISSIONER THERIOT, DO YOU HAVE ANOTHER SUGGESTION ON ANY POTENTIAL DAYS TO REARRANGE? WELL, I THINK WHAT HAS TYPICALLY BEEN DONE IS, YOU KNOW, WE GET TWO DAYS FOR CHRISTMAS AND THEN FOLKS USE THAT FLOAT DAY IF THEY WANT TO TAKE THAT THIRD DAY.

BUT I MEAN, IF THIS HAS BEEN THOUGHT THROUGH ALREADY THAT I'M GOOD WITH IT.

OKAY. WELL, IF THERE'S NOT ANY PROPOSED CHANGES TO THE CURRENT HOLIDAY SCHEDULE AS PRESENTED TO THE COURT THIS MORNING, WE HAVE A MOTION TO APPROVE BY COMMISSIONER HORNE AND SECONDED BY COMMISSIONER THERIOT.

OR EXCUSE ME, COMMISSIONER THOMAS.

IF THERE'S NOT ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

WITH THAT, WE'LL MOVE TO ITEM F THREE TO APPOINT DISCUSSION ACTION TO APPOINT GLORIA GARCIA TO THE POSITION OF CALDWELL COUNTY TREASURER.

[F.3 To appoint Gloria Garcia to the position of Caldwell County Treasurer.]

COMMISSIONERS IN YOUR BACKUP, KRISTIANNA WAS SUPPOSED TO BE THE ONE TO EXPLAIN THIS ITEM HERE TODAY.

SHE IS UNFORTUNATELY OUT WITH COVID AT THIS POINT.

SO I BELIEVE THAT EZZY'S GOING TO PROVIDE SOME BACKUP.

YES SHE CALLED AND ASKED ME IF I WOULD KIND OF FILL IN BOTH HER AND I AND JUDGE HADEN WERE DOING THE, CONDUCTED THE INTERVIEWS FOR THE POSITION, AND WE FELT THAT MS..

GLORIA GARCIA WAS THE BEST CANDIDATE FOR THE POSITION.

SO WE ARE REQUESTING RECOMMENDING TO MS. GARCIA FOR THE TREASURER POSITION.

AND COMMISSIONERS TO KEEP IN MIND THIS APPOINTMENT, CORRECT ME IF I'M WRONG, CHASE, THIS APPOINTMENT IS TO FULFILL THE REMAINDER OF THE CURRENT TERM THAT WAS VACATED WHEN THE TREASURER RESIGNED.

YES. JUST BECAUSE OF WHERE THE RESIGNATION OCCURRED ON THE KIND OF THE ELECTION TIMELINE.

THIS APPOINTMENT WILL LAST UNTIL 2024 AND THE NEXT ELECTION CYCLE.

SO THIS WILL BE A TWO YEAR APPOINTMENT, PLUS TWO MONTHS, I GUESS, NOVEMBER AND DECEMBER OF THIS YEAR.

OKAY, I HAVE A QUESTION.

OH. CAN WE GET A MOTION BEFORE WE.

BEFORE WE DO THE MOTION, YOU CAN SET A START DATE AS PART OF THE MOTION.

SO IF YOU DO IT AS IS, IT WOULD BE AN EFFECTIVE IMMEDIATELY THING.

I DON'T KNOW IF YOU WANT TO WAIT UNTIL PAYROLL OR HOWEVER YOU GUYS WANT TO DO IT, BUT THAT'S JUST A CONSIDERATION TO KEEP.

I DON'T KNOW IF DANIE HAS SOME COMMENTARY ON THAT.

IF SHE HAS ANYTHING SHE WOULD LIKE TO ADD AS FAR AS THAT GOES.

OKAY, OKAY.

COMMISSIONERS, COULD I GET A MOTION ON THIS BEFORE WE HAVE DISCUSSION? SO MOVE.

A MOTION TO APPROVE THE APPOINTMENT.

YES. OKAY. WE HAVE A MOTION TO APPROVE THE APPOINTMENT BY COMMISSIONER THOMAS.

[00:10:02]

DO I HAVE A SECOND? SECOND. SECOND BY COMMISSIONER THERIOT? OKAY. HE ANSWERED MY QUESTION.

OH. HE DID. OKAY.

WHEN THE START DATE WAS GOING TO BE OKAY CHASE ANSWERED THAT.

COMMISSIONERS, IS THERE A WOULD ANYBODY LIKE TO ADD WHAT TO EXPAND ON THE IDEA THAT CHASE HAD ON SETTING A START DATE OR WHETHER IT'S AN IMMEDIATE APPOINTMENT.

IT'S BEEN DISCUSSED OR, YOU KNOW, JUST TOSSED AROUND THE TABLE UNTIL THE COURT ACTUALLY APPROVED THE RECOMMENDATION OF NOVEMBER 1ST AS THE START DATE.

OKAY. BECAUSE THERE IS ANOTHER DEPARTMENT THAT'S STARTING AS WELL ON NOVEMBER 1ST.

THAT GIVES ME A WEEK AND A HALF.

AND AGAIN, SHE'S YOU KNOW, WE'VE TALKED OPENLY AND IF THERE'S ANYTHING THAT MY OFFICE NEEDS OR HER OFFICE NEEDS THAT SHE'S RIGHT DOWN DOWNSTAIRS.

SO I'M PERFECTLY FINE WITH NOVEMBER 1ST.

IT'S BUT IT'S COMPLETELY UP TO YOU GUYS.

OKAY, COMMISSIONERS, ANY DISCUSSION ON A POTENTIAL START DATE FOR THE APPOINTMENT OF THE COUNTY TREASURER? I'M GOOD.

IF NOT, COMMISSIONER THOMAS, WOULD YOU LIKE TO AMEND YOUR MOTION TO INCLUDE NOVEMBER 1ST AS THE START DATE? YES. OKAY, SO WE HAVE A MOTION AND A SECOND TO AN AMENDED MOTION FOR THE START DATE FOR THE APPOINTED POSITION OF CALDWELL COUNTY TREASURER TO BEGIN ON NOVEMBER 1ST, 2023.

WE'LL NEED A SECOND FOR THE AMENDMENT.

WE'LL NEED A SECOND FOR THAT AMENDED MOTION.

SECOND. A SECOND BY COMMISSIONER HORNE.

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

AYE. IF NOT, OR ALL OPPOSED.

HEARING NONE. MOTION CARRIES.

THANK YOU. ITEM F4 DISCUSSION ACTION TO APPROVE THE REAPPOINTMENT OF BILLY RAY BUCKNER TO THE LULING FOUNDATION FARM BOARD AS THE CALDWELL COUNTY

[F.4 To approve the reappointment of Billy Ray Buckner to the Luling Foundation Farm Board as the Caldwell County representative.]

REPRESENTATIVE. AND I DON'T BELIEVE WAYNE IS HERE TODAY.

I DON'T SEE HIM.

COMMISSIONERS.

MR. BUCKNER HAS SERVED NUMEROUS TERMS ON THE LULING FOUNDATION FARM BOARD, AND HAS DONE SO IN AN EXCELLENT CAPACITY, IS MY UNDERSTANDING.

AND IF HE IS WILLING TO CONTINUE THAT SERVICE TO THAT FOUNDATION, THEN I WOULD LOOK FOR A MOTION TO APPROVE HIM TO THE ADDITIONAL APPOINTMENT TO THE LULING FOUNDATION FARM BOARD.

SO MOVED. I HAVE A MOTION TO APPROVE BY COMMISSIONER HORNE.

DO I HAVE A SECOND.

SECOND. SECOND BY COMMISSIONER THERIOT? ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

ITEM F5 DISCUSSION.

[F.5 To approve budget amendment #02 for Rocky Road project in the amount of $100,000.00.]

ACTION TO APPROVE BUDGET AMENDMENT NUMBER ZERO TWO FOR ROCKY ROAD PROJECT IN THE AMOUNT OF $100,000.

YES. BACK IN JULY OF 2022, COMMISSIONERS, THE COUNTY APPROVED AND ACCEPTED A DONATION FROM THE THE SYNTAX MONTE SAGRADO SUBDIVISION DEVELOPER.

THEY DONATED $100,000.

WE PUT THAT IN A SEPARATE BANK ACCOUNT LAST YEAR.

WE WEREN'T QUITE SURE WHEN THAT PROJECT WAS GOING TO TAKE OFF, SO WE DIDN'T PUT IT IN THE ACTUAL BUDGET THIS YEAR.

BUT WE DO HAVE THE FUNDS.

IT'S IN A SEPARATE BANK ACCOUNT.

SO WITH THIS BUDGET AMENDMENT, WE'RE JUST ADDING THAT $100,000 TO THE MONTE SAGRADO EXPENSE LINE ITEM.

AND THAT'S PRETTY MUCH IT.

AND ACTUALLY FROM DISCUSSIONS WITH DONALD AND UNIT ROAD, THEY'VE ALREADY RECEIVED THE ROAD MATERIALS, THE INVOICE.

SO IT'LL BE A QUICK TRANSFER OF FUNDS AND WE'LL GET COLORADO MATERIALS PAID OUT THE FULL 100,000 AND THAT'LL THAT'LL END THAT.

OKAY. AND WE'LL CLOSE THAT BANK ACCOUNT.

OKAY. THANK YOU DANIE.

COMMISSIONERS, DO I HAVE A MOTION TO APPROVE BUDGET AMENDMENT NUMBER ZERO TWO? SO MOVED. I HAVE A MOTION TO APPROVE BY COMMISSIONER THERIOT.

DO I HAVE A SECOND.

SECOND. SECOND BY COMMISSIONER HORNE? ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE.

AYE. HEARING NONE.

MOTION CARRIES.

ITEMF6 DISCUSSION.

[F.6 To approve Colorado Materials PO #02732 in the amount of $100,000.00 for the Monte Sagrado Rocky Road Project.]

ACTION TO APPROVE COLORADO MATERIALS PO NUMBER 02732 IN THE AMOUNT OF $100,000 FOR THE MONTE SAGRADO ROCKY ROAD PROJECT.

CAROLYN. YES? EXCUSE ME. SO THIS IS JUST FOLLOWING THE BUDGET AMENDMENT FOR THE MONTE SAGRADO PROJECT.

SINCE WE DO ALREADY HAVE THE MATERIALS AND WE JUST WANT TO GET THE PURCHASE ORDER APPROVED SO THAT WE CAN RECEIVE THIS INVOICE AND GET COLORADO MATERIALS PAID.

OKAY. COMMISSIONERS HAVE A MOTION TO APPROVE COLORADO MATERIALS PO NUMBER 02732, IN THE AMOUNT OF $100,000 FOR THE MONTE SAGRADO ROCKY ROAD PROJECT.

SO MOVED. I HAVE A MOTION TO APPROVE BY COMMISSIONER HORNE.

DO I HAVE A SECOND? SECOND. SECOND BY COMMISSIONER THOMAS? ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

[00:15:01]

ITEM F 7.

[F.7 To approve REQ02696 and payment #2 Biggs Road for WJC Constructors Services in the amount of $57,353.44.]

DISCUSSION ACTION TO APPROVE REQ02696 AND PAYMENT NUMBER TWO, BIGGS ROAD FOR WJC CONSTRUCTORS SERVICES IN THE AMOUNT OF $57,353.44. CAROLYN.

YES. SO THIS IS FOR PAYMENT NUMBER TWO FOR THE BIGGS ROAD PROJECT 2.

SORRY WJC, WE JUST WANT TO GO AHEAD AND GET THE PURCHASE ORDER APPROVED AND THE PAYMENT OF THE INVOICE APPROVED SO WE CAN, I BELIEVE, DENNIS, IS THIS CLOSING IT OUT.

YES. SO THAT WE CAN CLOSE OUT THIS PROJECT.

OKAY. THAT WAS GOING TO BE MY FIRST QUESTION.

[LAUGHTER] OKAY. COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE REQUISITION REQ02696 AND PAYMENT NUMBER 2 BIGGS ROAD FOR WJC CONSTRUCTION SERVICES IN THE AMOUNT OF $57,353.44. SO MOVED.

A MOTION TO APPROVE BY COMMISSIONER THOMAS.

DO I HAVE A SECOND.

SECOND. SECOND BY COMMISSIONER THERIOT ANY FURTHER DISCUSSION, IF NOT ALL THOSE IN FAVOR, SAY AYE.

AYE. ALL OPPOSED.

HEARING NONE. MOTION CARRIES.

ITEM F 8.

[F.8 To approve FY 23-24 blanket purchase orders for the jail.]

DISCUSSION ACTION TO APPROVE FISCAL YEAR 23-24.

BLANKET PURCHASE ORDERS FOR THE JAIL? YES. SO EVERY YEAR THE COUNTY DOES CREATE A BLANKET PURCHASE ORDERS FOR THE JAIL.

THIS IS FOR ITEMS SUCH AS ALL THE FOOD THAT COMES IN.

IT'S EASIER FOR US TO CREATE A BLANKET PO VERSUS MULTIPLE POS THROUGHOUT THE YEAR.

SO WE FINALLY GOT THE LIST BACK FROM THE JAIL, AND I BELIEVE THAT THERE'S 4 OR 5 ON THERE, SUCH AS CISCO, FARRIS BROTHERS, PERFORMANCE FOOD GROUP, AND A COUPLE OF OTHERS.

OKAY, COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE FY 23-24 BLANKET PURCHASE ORDERS FOR THE JAIL? SO MOVE.

A MOTION TO APPROVE BY COMMISSIONER THERIOT.

DO I HAVE A SECOND? SECOND. SECOND BY COMMISSIONER HORNE? ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

THANK YOU. THANK YOU CAROLYN.

ITEM F 9 DISCUSSION ACTION TO APPROVE RESOLUTION 03-202421.

[F.9 To approve Resolution 03-2024 to (1) designate the Caldwell County Judge as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the 2024 Indigent Defense Grant Program; and (2) designate the County Auditor as the Financial Officer for this grant.]

DESIGNATE THE CALDWELL COUNTY JUDGE AS THE AUTHORIZED OFFICIAL TO APPLY FOR, ACCEPT, DECLINE, MODIFY, OR CANCEL THE GRANT APPLICATION FOR THE 2024 INDIGENT DEFENSE GRANT PROGRAM AND TWO DESIGNATE THE COUNTY AUDITOR AS THE FINANCIAL OFFICER FOR THIS GRANT.

DENNIS. THANK YOU COMMISSIONERS.

THE INDIGENT DEFENSE RESOLUTION, OR PROJECT, WE ANNUALLY HAVE TO PRODUCE AND SUBMIT TO THE INDIGENT DEFENSE COMMISSION A REPORT SHOWING ATTORNEY FEES IN CASES, ACTIVITIES FOR THE YEARLY REPORTING PERIOD.

IN FACT, THAT'S WHAT KRISTIANNA IS WORKING ON AT THIS MOMENT? THE REPORT IDENTIFIES EACH ATTORNEY, THE TYPE OF CASE THEY REPRESENTED, THEIR FEES AND OTHER NOTED EXPENSES.

THE INDIGENT DEFENSE COMMISSION THEN DETERMINES, AT THEIR DISCRETION, A REIMBURSEMENT AMOUNT THAT IS REMITTED TO THE COUNTY.

THE FISCAL YEAR 2024 FORMULA GRANT APPLICATION IS DUE NOVEMBER 15TH OF 2023 AND REQUIRES A RESOLUTION FROM THIS COURT ALLOWING US TO APPLY FOR THE FUNDING. I'LL NOW READ THE RESOLUTION.

RESOLUTION 03-2024 INDIGENT DEFENSE GRANT PROGRAM.

WHEREAS UNDER THE PROVISIONS OF THE TEXAS GOVERNMENT CODE, SECTION 79.037 AND TEXAS ADMINISTRATIVE CODE CHAPTER 173, COUNTIES ARE ELIGIBLE TO RECEIVE GRANTS FROM THE TEXAS INDIGENT DEFENSE COMMISSION TO PROVIDE IMPROVEMENTS IN INDIGENT DEFENSE SERVICES IN THE COUNTY.

AND WHEREAS, THIS GRANT PROGRAM WILL ASSIST THE COUNTY IN THE IMPLEMENTATION AND IMPROVEMENT OF THE INDIGENT CRIMINAL DEFENSE SERVICES IN THIS COUNTY, AND WHEREAS, CALDWELL COUNTY COMMISSIONERS COURT HAS AGREED THAT IN THE EVENT OF LOSS OR MISUSE OF THE FUNDS, CALDWELL COUNTY COMMISSIONERS ASSURES THAT THE FUNDS WILL BE RETURNED IN FULL TO THE TEXAS INDIGENT DEFENSE COMMISSION.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED THAT THE COUNTY JUDGE OF THIS COUNTY IS DESIGNATED AS THE AUTHORIZED OFFICIAL TO APPLY FOR, ACCEPT, DECLINE, MODIFY, OR CANCEL THE GRANT APPLICATION FOR THE INDIGENT DEFENSE FORMULA GRANT PROGRAM AND ALL OTHER NECESSARY DOCUMENTS TO ACCEPT, SAID GRANT.

AND BE IT FURTHER RESOLVED THAT THIS COUNTY THAT THE COUNTY AUDITOR IS DESIGNATED AS THE FINANCIAL OFFICER FOR THIS GRANT, RESOLVED THIS 24TH DAY OF OCTOBER, 2023. I ASK THAT YOU APPROVE THE RESOLUTION.

THANK YOU DENNIS. COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE RESOLUTION 03-2024? SO MOVED. I HAVE A MOTION TO APPROVE BY COMMISSIONER THERIOT.

DO I HAVE A SECOND? SECOND. SECOND BY COMMISSIONER THOMAS, ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

ITEM F10 DISCUSSION ACTION TO APPROVE RESOLUTION 04-2024.

[F.10 To approve Resolution 04-2024: (1) authorizing the County Judge to request funding under the CAPCOG Regional Solid Waste Grants Program Grant; (2) committing the County to compliance with grant requirements; (3) committing awarded funds to authorized purposes; and (4) committing to compliance with regional and local solid waste management plans.]

ONE AUTHORIZING THE COUNTY JUDGE TO REQUEST FUNDING UNDER THE CAPCOG REGIONAL SOLID WASTE GRANTS PROGRAM GRANT.

[00:20:06]

TWO COMMITTING THE COUNTY TO COMPLIANCE WITH GRANT REQUIREMENTS.

THREE COMMITTING AWARDED FUNDS TO AUTHORIZED PURPOSES AND FOUR COMMITTING TO COMPLIANCE WITH REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANS.

DENNIS. THANKS. COMMISSIONERS.

CAPCOG HAS ANNOUNCED THE AVAILABILITY OF 2024 2025 SOLID WASTE PROGRAM GRANT.

GRANT REQUEST RANGE FROM 10,000 TO $30,000 EACH AND THE GRANT APPLICATIONS ARE DUE NOVEMBER 13TH, 2023.

YOU MAY RECALL THAT LAST YEAR, WE FACILITATED 4 GENERAL COMMUNITY CLEAN UP EVENTS THAT RESULTED IN THE COLLECTION OF OVER 100 110 TONS OF DEBRIS AND ANOTHER TIRE ONLY EVENT COLLECTED OVER 2600 TIRES.

THE 2024 GRANT APPLICATION PROCESS HAS SOME NOTED PROCEDURAL CHANGES ONE.

YOU MUST NOW SUBMIT A SEPARATE APPLICATION FOR EACH CLEANUP EVENT.

CAPCOG ANTICIPATES AWARDING 10 TO 20 GRANTS THROUGHOUT ITS TEN COUNTY AREA, SO COMPETITION FOR THIS GRANT IS GOING TO BE KEEN.

THE GRANT ALSO NOW REQUIRES A 10% LOCAL MATCH ABOVE ANY OTHER IN-KIND MATCH.

AND YOU MAY RECALL LAST YEAR THAT WE WERE ABLE TO CLAIM CONSIDERABLE, NON-CASH LOCAL MATCH FROM DONATED LABOR PROVIDED BY UNIT ROAD ENVIRONMENTAL TASK FORCE AND PEGASUS SCHOOL VOLUNTEERS. I'VE BEEN COMMUNICATING WITH THE ENVIRONMENTAL TASK FORCE STAFF, AND WE BELIEVE WE'RE GOING TO SUBMIT ONE APPLICATION TO HOST A TIRE ONLY COLLECTION EVENT.

THAT SEEMS TO BE THE MOST REQUESTS WE'RE GETTING FROM OUR TAXPAYERS.

THE ESTIMATED GRANT REQUEST WILL BE ABOUT $15,000, WHICH WOULD THEN REQUIRE 10% LOCAL MATCH OF $1,500.

THE ENVIRONMENTAL TASK FORCE DEPARTMENT CAN COVER THE LOCAL MATCH IN ITS BUDGET.

I'LL NOW READ A RESOLUTION WHICH IS REQUIRED TO BE SUBMITTED WITH THE APPLICATION.

RESOLUTION 04-2024 AUTHORIZING CALDWELL COUNTY TO APPLY FOR A CAPCOG REGIONAL SOLID WASTE GRANTS PROGRAM GRANT.

RESOLUTION OF CALDWELL COUNTY AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE CAPITAL AREA COUNCIL OF GOVERNMENTS.

CAPCOG FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT AUTHORIZING COUNTY JUDGE HOPPY HADEN TO ACT ON BEHALF OF CALDWELL COUNTY IN ALL MATTERS RELATED TO THE APPLICATION, AND PLEDGING THAT IF A GRANT IS RECEIVED, CALDWELL COUNTY WILL COMPLY WITH THE GRANT REQUIREMENTS OF CAPCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, AND THE STATE OF TEXAS.

WHEREAS THE CAPITAL AREA COUNCIL OF GOVERNMENTS IS DIRECTED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TO ADMINISTER SOLID WASTE GRANT FUNDS FOR IMPLEMENTATION OF THE CAPCOG ADOPTED REGIONAL SOLID WASTE MANAGEMENT PLAN.

AND WHEREAS CALDWELL COUNTY AND THE STATE OF TEXAS HAS QUALIFIED TO APPLY FOR GRANT FUNDS UNDER THE REQUEST FOR APPLICATIONS.

NOW THEREFORE, BE IT RESOLVED BY CALDWELL COUNTY AND LOCKHART, TEXAS ONE THAT COUNTY JUDGE HOPPY HADEN IS AUTHORIZED TO REQUEST GRANT FUNDING UNDER THE CAPCOG REQUEST FOR APPLICATIONS OF THE REGIONAL SOLID WASTE GRANTS PROGRAM AND ACT ON BEHALF OF CALDWELL COUNTY IN ALL MATTERS RELATED TO THE GRANT APPLICATION AND ANY SUBSEQUENT GRANT, CONTRACT AND GRANT PROJECT THAT MAY RESULT.

TWO THAT IF THE PROJECT IS FUNDED, CALDWELL COUNTY WILL COMPLY WITH THE GRANT REQUIREMENTS OF CAPCOG TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS.

THREE THE GRANT FUNDS AND ANY GRANT FUNDED EQUIPMENT OR FACILITIES WILL BE USED ONLY FOR THE PURPOSES FOR WHICH THEY ARE INTENDED UNDER THIS GRANT.

FOUR ACTIVITIES WILL COMPLY WITH AND SUPPORT THE ADOPTED REGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANS ADOPTED FOR THE GEOGRAPHICAL AREA IN WHICH THE ACTIVITY IS PERFORMED. PASSED AND APPROVED BY THE CALDWELL COUNTY COMMISSIONERS COURT IN LOCKHART, TEXAS ON THE 24TH DAY OF OCTOBER 2023.

I ASK FOR THE ADOPTION OF THE RESOLUTION.

THANK YOU DENNIS. COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE RESOLUTION 04-2024 AUTHORIZING CALDWELL COUNTY TO APPLY FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT.

MOTION TO APPROVE.

I HAVE A MOTION TO APPROVE BY COMMISSIONER HORNE.

DO I HAVE A SECOND? SECOND. SECOND BY COMMISSIONER THOMAS? ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

THANK YOU COMMISSIONERS. THANK YOU DENNIS.

ITEM F11 DISCUSSION ACTION TO APPROVE SEPARATE CONTRACTS BETWEEN THE COUNTY AND DALE VFD.

[F.11 To approve separate contracts between the County and Dale VFD, Delhi VFD, McMahan VFD, and Southeast Caldwell County VFD for rural fire protection and emergency medical services.]

DELHI VFD, MCMAHAN VFD AND SOUTHEAST CALDWELL COUNTY VFD FOR RURAL FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES.

AND HANK, I BELIEVE YOU'RE LISTED AS ONE OF THE SPEAKERS OR CHASE, I BELIEVE CAN ADD TO IT NOW.

WE HAD NEGOTIATED OR HANK HAD NEGOTIATED CONTRACTS WITH OUR RURAL FIRE DEPARTMENTS.

THE CONTRACTS ESTABLISHED THEIR TRAINING REQUIREMENTS AND THEIR RESPONSE REQUIREMENTS ON BEHALF OF THE COUNTY.

AND THE COUNTY, IN TURN, PROVIDES A MONTHLY PAYMENT TO THOSE GROUPS.

[00:25:06]

AND HANK, EVERYONE HAS AGREED TO THESE CONTRACTS.

OKAY, WELL, I'LL MAKE A MOTION FOR APPROVAL.

OKAY. WE HAVE A MOTION TO APPROVE, SEPARATE CONTRACTS BETWEEN THE COUNTY AND DALE VFD.

DALE VFD, MCMAHON VFD, AND SOUTHEAST CALDWELL COUNTY VFD FOR RURAL FIRE PROTECTION EMERGENCY MEDICAL SERVICES.

DO I HAVE A SECOND? SECOND. I HAVE A SECOND.

BY A MOTION BY COMMISSIONER THERIOT.

SECOND BY COMMISSIONER HORNE.

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

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

THANK YOU FOR YOUR WORK ON THIS, HANK.

ITEM F 12 DISCUSSION ACTION TO APPROVE AMENDMENT NUMBER TWO TO THE CONTRACT WITH PHI AIR MEDICAL FOR AN EXTENSION OF COVERAGE TO SEPTEMBER 30TH, 2024.

[F.12 To approve Amendment No. 2 to the contract with PHI Air Medical, for an extension of coverage to September 30, 2024.]

GOOD MORNING, GENTLEMEN. MY NAME IS JAMES GREEN WITH PHI VISITED WITH YOU ALL LAST YEAR WHEN WE ADOPTED THE PROGRAM.

I'M GLAD TO REPORT THAT THE PROGRAM HAS BEEN WILDLY SUCCESSFUL HERE FOR CALDWELL COUNTY.

THE RETURN ON INVESTMENT IS MULTIPLE, MULTIPLE, MULTIPLE FOLD.

AND WE'RE LOOKING TO EXTEND THE CONTRACT FOR ANOTHER 11 MONTHS TO COINCIDE WITH THE COUNTY'S FISCAL YEAR AT YOU ALL'S REQUEST.

SO THE THERE WAS NO RATE INCREASE.

IT'S STILL $6 A HOUSEHOLD FOR THE AGREEMENT.

AND THE COUNTY'S PORTION WITH BETWEEN THE ILA WITH THE CITIES IS ONLY GOING TO BE ABOUT 43,000, I BELIEVE, TO COVER ALL THE UNINCORPORATED AREAS.

OKAY. ALL RIGHT.

COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE AMENDMENT NUMBER TWO TO THE CONTRACT WITH PHI AIR MEDICAL FOR AN EXTENSION OF COVERAGE TO SEPTEMBER 30TH, 2024.

SO MOVED. I HAVE A MOTION TO APPROVE BY COMMISSIONER HORNE.

DO I HAVE A SECOND? SECOND. SECOND BY COMMISSIONER THERIOT? ANY FURTHER DISCUSSION? IF NOT ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

ITEM F 13 DISCUSSION ACTION TO APPROVE REQ02748 AND PAYMENT FOR PHI AIR MEDICAL SERVICES FOR FISCAL YEAR 23-24 IN THE

[F.13 To approve REQ02748 and payment for PHI Air Medical services for FY 23-24 in the amount of $78,732.50.]

AMOUNT OF $78,732.50.

OH, SORRY DIDN'T SEE YOU SNEAKING UP.

THAT'S FINE. YES.

SO THIS IS TO FOLLOW UP WITH THE AMENDED CONTRACT WITH PHI AIR.

WE DO JUST WANT TO GO AHEAD AND GET AN APPROVAL ON THE PURCHASE ORDER SO THAT WE CAN SUBMIT THE INVOICE AND GET THEM PAID BEFORE THE CONTRACT BEGINS.

OKAY. COMMISSIONERS, DO I HAVE A MOTION TO APPROVE REQUISITION 02748 AND PAYMENT FOR PHI AIR MEDICAL SERVICES FOR FISCAL YEAR 23-24, IN THE AMOUNT OF $78,732.50. SO MOVED.

I HAVE A MOTION TO APPROVE BY COMMISSIONER THOMAS.

DO I HAVE A SECOND.

SECOND. SECOND BY COMMISSIONER HORNE.

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

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

AND I WOULD JUST LIKE TO NOTE THAT THE AMOUNT IS THAT $78,000.

THAT IS THE COUNTY IS GOING TO GO AHEAD AND COVER THE ENTIRE PORTION AND THEN SEEK REIMBURSEMENT FROM THE OTHER ENTITIES.

OKAY. AND THAT AMOUNT IS ACTUALLY LESS.

WAS IT LESS THAN THE PREVIOUS NUMBER.

YES. FROM WHAT I RECALL? YES. IT REFLECTS BOTH A 11 MONTH TIME PERIOD BECAUSE WE'RE ALREADY THROUGH OCTOBER.

RIGHT. AND JUST A GENERAL COST DECREASE FROM FROM LAST YEAR ALSO.

OKAY. AND AS FAR AS THE COST SHARING THAT CAROLYN JUST MENTIONED, THAT'S ACTUALLY THE NEXT ITEM.

NEXT ITEM. RIGHT. OKAY.

IS THERE ANY DATA TO COME OUT ON.

HAS IT HAS IT BEEN PRETTY CONSISTENT THAT YOU GUYS ARE GETTING THE CALL WHEN THEY CALL FOR AN AIR AMBULANCE? WE'RE GETTING A VAST MAJORITY OF THE REQUESTS.

THERE'S BEEN A LITTLE BIT OF ISSUE UP IN THE NORTHERN AREA, WHERE TRAVIS COUNTY FIRE HAS REQUESTED THE HELICOPTER OUT OF AUSTIN.

THE JUDGE HAS BEEN WORKING WITH THEM TO MAKE SURE THAT THE CITIZENS UP THERE GET TO ENJOY THIS BENEFIT.

SO IT'S GETTING MUCH BETTER AS OF THE LAST COUPLE OF MONTHS.

SO WE ANTICIPATE THE NUMBERS TO EVEN GET HIGHER, MORE ROI ON Y'ALL'S INVESTMENT.

SO. GREAT.

OKAY. ALL RIGHT.

WITH THAT WE'LL MOVE TO ITEM F 14 DISCUSSION ACTION TO APPROVE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTY, THE CITY OF LOCKHART, AND THE CITY OF LULING FOR THE

[F.14 To approve an interlocal cooperation agreement between the County, the City of Lockhart, and the City of Luling, for the division of costs for resident membership in the PHI CARES program for air ambulance services.]

DIVISION OF COSTS FOR RESIDENT MEMBERSHIP IN THE PHI CARES PROGRAM FOR AIR AMBULANCE SERVICES.

THIS IS GOING TO BE ALMOST A CARBON COPY OF LAST YEAR'S, OTHER THAN THE COST OF CHANGE TO REFLECT THE COST BEING DOWN.

LAST YEAR WE SIGNED LAST JUST TO MAKE SURE EVERYONE WAS ON BOARD WITH IT THIS YEAR THE CITIES OF LOCKHART AND LULING HAVE ORALLY COMMITTED.

THEY'RE JUST A LITTLE BEHIND ON THEIR GOVERNING BODIES MEETINGS.

[00:30:03]

SO WE'RE GOING TO APPROVE IT FIRST.

BUT THEY'VE COMMITTED TO AGREEING TO THE COST SHARE.

OKAY. COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTY, THE CITY OF LOCKHART, AND THE CITY OF LULING FOR THE DIVISION OF COST FOR RESIDENT MEMBERSHIP AND PHI CARES PROGRAM FOR AIR AMBULANCE SERVICES.

SO MOVED. I HAVE A MOTION TO APPROVE BY COMMISSIONER HORNE.

DO I HAVE A SECOND? SECOND. SECOND BY COMMISSIONER THOMAS? ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

ITEM F 15.

[F.15 To approve an agreement between the County and Ben Courtney for repair and maintenance of the Seth Clock Tower. Speaker: Judge Haden/Chase Goetz; Backup: 5; Cost: $4,600.00]

DISCUSSION. ACTION TO APPROVE AN AGREEMENT BETWEEN THE COUNTY AND BEN COURTNEY FOR REPAIR AND MAINTENANCE OF THE SETH CLOCK TOWER.

MR. COURTNEY HAS BEEN DOING THE REPAIR AND MAINTENANCE OF THE CLOCK TOWER FOR, I GUESS, A FEW YEARS NOW.

HE HAS AGREED TO CONTINUE IT AT LAST YEAR'S COSTS.

AND SO THE AGREEMENT IS JUST REFLECTS A NEW YEAR AND THE SAME COST AS LAST YEAR, WHICH IS $4,600 ANNUALLY.

OKAY. THIS TIME THE CONTRACT IS SET TO AUTO RENEW SO THAT WE DON'T HAVE TO KEEP TAKING THIS TO THE COURT BECAUSE WE'VE BEEN SATISFIED WITH THIS WORK.

AND SO YOU GUYS SHOULDN'T HAVE TO WORRY ABOUT THIS UNLESS HE DECIDES THAT HE IS READY TO MOVE ON.

AND WE HAVE TO FIND A DIFFERENT PERSON FOR MAINTENANCE.

OKAY, COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE AN AGREEMENT BETWEEN THE COUNTY AND BEN COURTNEY FOR REPAIR AND MAINTENANCE OF THE SETH CLOCK TOWER? SO MOVE. I HAVE A MOTION TO APPROVE BY COMMISSIONER THERIOT.

DO I HAVE A SECOND? SECOND. SECOND BY COMMISSIONER HORNE? ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

AND IRONICALLY, IT RINGS ON THAT ITEM.

[LAUGHTER] ITEM F 16.

[F.16 To approve a professional services agreement between the County and Someday Strategies, LLC, for professional oversight of pre-construction activities for the evacuation center. Speaker: Judge Haden/Chase Goetz; Backup: 4; Cost: $49,000.00]

DISCUSSION ACTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE COUNTY AND SOMEDAY STRATEGIES, LLC FOR PROFESSIONAL OVERSIGHT OF PRE-CONSTRUCTION ACTIVITIES FOR THE EVACUATION CENTER.

COST $49,000.

OKAY. GOOD MORNING. I'D LIKE TO NOW INVITE LUKE CARRAWAY UP.

HE'S GOING TO SPEAK ON THE PROJECT AN A LITTLE BIT ABOUT THE DEVELOPMENT AGREEMENT.

ARE WE. THIS SHOULD BE THE EVACUATION CENTER, KASI.

OH. I'M SORRY. THAT'S OKAY.

EXCUSE ME. SORRY. I'M A LITTLE BIT AHEAD OF Y'ALL.

YEAH I GOT YOU. NEXT ITEM.

THIS IS FOR THE PROFESSIONAL OVERSIGHT OF THE PRE-CONSTRUCTION ACTIVITIES FOR THE EVACUATION CENTER.

THIS ITEM HAS BEEN BROUGHT UP PREVIOUSLY.

JUDGE HADEN HAS TALKED ABOUT THE FACT THAT HE HAS HELPED TO CUT COSTS AND OTHER DESIGN CHANGES THAT HAVE HELPED US TO KEEP OUR COSTS DOWN IN THE DESIGN OF THIS EVACUATION CENTER.

THIS IS BASICALLY A NEW CONTRACT FOR A NEW YEAR, TO CONTINUE THOSE SERVICES UNTIL SUCH TIME THAT THE COUNTY FEELS THAT IT SHOULD GO OUT FOR A CONSTRUCTION MANAGER AT RISK.

OKAY. WITH THAT, COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE COUNTY AND SOMEDAY STRATEGIES, LLC FOR PROFESSIONAL OVERSIGHT OF PRE-CONSTRUCTION ACTIVITIES FOR THE EVACUATION CENTER.

SO MOVED. I HAVE A MOTION TO APPROVE BY COMMISSIONER HORNE.

DO I HAVE A SECOND? SECOND. SECOND BY COMMISSIONER THERIOT.

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

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

ITEM F17 TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE COUNTY AND RODG DT LOCKHART PROP COMPANY, LLC, FOR THE GRISTMILL AT PRAIRIE LEA

[F.17 To approve a development agreement between the County and RODG DT Lockhart PropCo, LLC for The Gristmill at Prairie Lea, an approximately 346.047-acre subdivision located at SH 80 and Plant Road. Speaker: Commissioner Horne/Kasi Miles/Tracy Bratton; Backup: 18; Cost: $0.00]

AND APPROXIMATELY 346.047 ACRES SUBDIVISION LOCATED AT SH 80 AND PLANT ROAD.

COMMISSIONER HORNE.

KASI YOU WANT TO. OKAY.

NOW, I WOULD LIKE TO INVITE LUKE UP TO COME AND DO HIS PRESENTATION.

AND, COMMISSIONERS, THAT PRESENTATION SHOULD BE ON YOUR FLASH DRIVE SPECIFICALLY LABELED AS ITEM F 17.

THE GRISTMILL AT PRAIRIE LEA.

THIS. GOT IT.

THANK YOU. THANK YOU.

COMMISSIONERS. MY NAME IS LUKE CARRAWAY.

I'M THE PROJECT ENGINEER FOR THE GRISTMILL AT PRAIRIE LEA.

I'LL BE REPRESENTING RED OAK DEVELOPMENT GROUP PRESENTING TO YOU.

THIS MORNING ON THE DEVELOPMENT.

THANK YOU. KASI, ON BOTH INTROS.

APPRECIATE THAT.

TO TALK A LITTLE BIT ABOUT THE COMMUNITY AND REALLY JUST GET INTO WHAT THE THINGS THAT ARE IN THE DEVELOPMENT AGREEMENT.

[00:35:04]

COMMUNITY IS LOCATED ADJACENT TO PRAIRIE LEA.

IT DOES HAVE FRONTAGE OFF OF HIGHWAY 80 LOCATED IN BETWEEN CALLAHAN AND PLANT ROAD.

WE ARE PROPOSING ROUGHLY 1200 PROPOSED RESIDENTIAL LOTS FOR BETWEEN 35FT AND 60FT OF FRONTAGE, 35FT LOTS WILL BE REQUIRED TO BE ALLEY LOADED.

WE DO HAVE THE OPTION TO GO UP TO 1300 LOTS IN THE DA.

THAT IS IN THE EVENT THAT THE MULTIFAMILY TRACT PIVOTS TO SINGLE FAMILY USE.

SO THAT'S KIND OF JUST TO GIVE YOU AN IDEA OF WHERE THAT DISCREPANCY IS COMING FROM.

WE HAVE IN THE DEVELOPMENT AGREEMENT, WE ARE COMMITTING TO DEDICATING A 20 ACRE SITE TO PRAIRIE LEA ISD FOR THEIR USE.

AND IT IS THAT PROPERTY IS CONTINUOUS WITH IT IS THE LIGHT KIND OF PURPLE PROPERTY ON YOUR SCREEN, AND IT IS CONTINUOUS WITH THE EXISTING PROPERTY THAT THE SCHOOL DISTRICT ALREADY OWNS, GIVING THEM EXISTING ACCESS OFF OF HIGHWAY 80.

WE ALSO ARE PROPOSING 28 ACRES OF COMMERCIAL LAND USE.

WE'RE CURRENTLY IN TALKS WITH SEVERAL BREWERIES IN THE AUSTIN GREATER AUSTIN MSA ABOUT POTENTIALLY LOCATING IN PRAIRIE LEA.

THAT'S A TYPO ON THE PARKS AND OPEN SPACE.

I APOLOGIZE FOR THAT. IT'S ACTUALLY 50 ACRES OF PARKS AND OPEN SPACE, AND THAT IS WHAT IS COMMUNICATED IN THE DEVELOPMENT AGREEMENT AS WELL.

AND WE HAVE ALSO COMMITTED TO A QUARTER ACRE POCKET PARKS WITH PLAYSCAPES EVERY 200 LOTS IN THE DEVELOPMENT AGREEMENT TO PROVIDE MORE WELL DISTRIBUTED, WALKABLE PARKS THROUGHOUT THE COMMUNITY.

JUST TO GIVE YOU AN IDEA OF SOME OF THE UTILITY SERVICES AND MUD PROCESSES THAT WE'RE GOING THROUGH RIGHT NOW.

WE WILL BE SUBMITTING A MUD APPLICATION IN NOVEMBER TO TCEQ.

WE ARE CURRENTLY WORKING WITH MAXWELL SUD ON A WHOLESALE WATER SUPPLY AGREEMENT WITH THE MUD, PROVIDING RETAIL SERVICE FOR WATER, AND WE HAVE SUBMITTED OUR DISCHARGE PERMIT PREVIOUSLY IN THE MONTH OF SEPTEMBER.

WE ARE CURRENTLY WORKING ON FINALIZING A TRAFFIC IMPACT ANALYSIS STUDY THAT WILL BE SUBMITTED WITH THE PRELIMINARY PLAT IN NOVEMBER.

THIS KIND OF GIVES YOU AN IDEA OF OUR OUR ABSORPTION SCHEDULE ON THE PROJECT.

LOOKING AT POTENTIALLY MID 2024 ENTITLEMENTS, COMPLETION OF ENTITLEMENTS.

AND THEN WHAT I'M SHOWING YOU HERE IS REALLY FINISHED VERTICAL CONSTRUCTION.

SO IT'S NOT JUST FINISHING THE LOTS.

IT'S ACTUAL UNIT COMPLETION.

SO LOOKING TO KIND OF WRAP THIS DEVELOPMENT UP AROUND 2031 TIME FRAME.

THAT IS REDUNDANT.

SO I'M GOING TO GO AHEAD AND JUST TALK ABOUT A COUPLE OF THINGS THAT AREN'T REALLY COVERED IN THE DEVELOPMENT AGREEMENT NECESSARILY, BUT THINGS THAT RED OAK IS BRINGING TO THE COMMUNITY AS WELL.

OBVIOUSLY, THE LAND DONATION WE'VE ALREADY COVERED WITH THE SCHOOL DISTRICT, RED OAK HAS STARTED A TEACHING INITIATIVE TO PASS THROUGH PROFITS FROM IMPROVED LOTS AS A CREDIT TO THE HOME PURCHASE, WHICH WOULD PROVIDE TEACHERS WITH AFFORDABLE, QUALITY HOMES.

WE'VE BEEN WORKING WITH SUPERINTENDENT ESTRADA ON A SIMILAR PROGRAM IN LOCKHART FOR THAT DEVELOPMENT, AND HAVE BEEN WORKING WITH PRAIRIE LEA OFFICIALS TO TO ROLL THAT OUT IN THE PRAIRIE LEA SCHOOL DISTRICT.

WE'RE REALLY EXCITED ABOUT THIS PROGRAM.

WE THINK THAT TEACHER HOUSING AND KEEPING TEACHER TALENT IN THESE COMMUNITIES IS ESSENTIAL TO PROMOTING THE EDUCATIONAL SYSTEM AND JUST CREATING A STRONG, A STRONG PRESENCE THERE.

ANOTHER ITEM JUST POINTING OUT, YOU KNOW, THEY RED OAK HAS A CONTRACT WITH CENTRIC INFRASTRUCTURE GROUP TO PROVIDE GAS AND FIBER OPTICS TO ALL OF THEIR COMMUNITIES.

SO PRAIRIE LEA WILL BE ONE OF THOSE COMMUNITIES WHERE THAT INITIATIVE IS IN PLACE, THAT IS AN AGREEMENT THAT HAS ACTUALLY BEEN SIGNED.

SO IT'S NOT IN NEGOTIATION.

IT'S NOT IN DISCUSSION. IT IS ACTUALLY A FORMAL AGREEMENT BETWEEN RED OAK AND CENTRIC.

AND THEN JUST TO KIND OF REHASH THE PARK, THE PARK SPACE, YOU KNOW, PROVIDING 50 ACRES OF OPEN SPACE PARKS,

[00:40:04]

WE'RE DOING 4000FT OF TRAILS THAT WILL BE PARALLEL WITH THE FLOODPLAIN TO PROVIDE CONNECTIVITY THROUGHOUT THE DEVELOPMENT AND ALSO TO PROVIDE CONNECTIVITY TO THE FUTURE SCHOOL PROPERTY, WHICH WE FEEL LIKE WILL CONTRIBUTE GREATLY TO THE OVERALL FEEL AND WALKABILITY OF THE COMMUNITY.

I THINK OTHER THAN THAT, JUST TO KIND OF PINPOINT A FEW THINGS THAT ARE IN THE DEVELOPMENT AGREEMENT, WE DO HAVE PARKING AGREEMENTS FOR ALL OF THE COMMERCIAL AND MULTIFAMILY DEVELOPMENTS THAT WERE TAKEN SPECIFICALLY FROM THE CITY OF LOCKHART'S PARKING STANDARDS.

WE'VE AGREED TO TWO CAR GARAGE MINIMUM FOR ALL OF THE SINGLE FAMILY DETACHED HOUSES.

AND I THINK THAT'S TO KIND OF REALLY, REALLY COVERS IT.

WE DID ADD IN THERE THE ABILITY TO HAVE TEMPORARY, MODULAR HOMES ON THE PROPERTY, BUT THAT IS JUST FOR THE PURPOSE OF EXECUTING THE MUD AND HAVING A VOTING PRESENCE FOR THE MUD.

ONCE THAT IS RUN ITS COURSE, THOSE STRUCTURES WILL BE REMOVED AND WE WILL PROCEED WITH CONSTRUCTION AND DEVELOPING SINGLE FAMILY HOMES.

OKAY COMMISSIONERS.

ANY QUESTIONS? I'VE GOT A COUPLE.

FIRST OFF, THANK YOU ALL FOR COMING FORWARD WITH WHAT LOOKS LIKE A REALLY GOOD DEVELOPMENT.

I APPRECIATE THAT.

AND YOU'VE COORDINATED WITH PRAIRIE LEA, SUPERINTENDENT ON THE SCHOOL SITE LOCATION.

YES, SIR. OKAY. YES ABSOLUTELY HAVE.

AND YOU MENTIONED YOU'RE MOVING FORWARD WITH A MUD APPLICATION IN NOVEMBER.

YES, SIR. DO YOU KNOW WHAT YOUR PROPOSED TREATMENT LEVEL IS ON THAT? YES. NOT BEING A WASTEWATER ENGINEER, I DON'T KNOW EXACTLY WHAT IT WAS, BUT IT'S ACTUALLY SPELLED OUT IN THE DEVELOPMENT AGREEMENT.

AND TRACY AND I DISCUSSED IT BEFOREHAND, SO I BELIEVE.

I MUST HAVE MISSED IT.

GOTCHA. SO GOOD MORNING.

I GUESS FOR THE OFFICIAL RECORD, TRACY BRATTON DOUCET ASSOCIATES, WE YEAH, WE WORKED ON THIS ONE QUITE A WHILE, I BELIEVE.

AND I DON'T HAVE A PRINTED COPY OF IT IN FRONT OF ME.

IT SHOULD BE A 55521 TREATMENT STANDARD, WHICH IS THE TREATMENT STANDARD FOR BENEFICIAL REUSE WATER THE TCEQ BENEFICIAL REUSE THAT YOU CAN ACTUALLY SPRAY. I BELIEVE THEY'RE APPLYING FOR A DISCHARGE PERMIT, BUT THAT TREATMENT STANDARD IS WHAT YOU'RE ALLOWED TO USE FOR BENEFICIAL REUSE, WHICH IS A SPRAY APPLICATION ON LAWNS AND LANDSCAPES SUITABLE FOR HUMAN CONTACT.

IS THAT THE SAME TREATMENT LEVEL THAT THE CITY OF SAN MARCOS USES ON THEIR DISCHARGE? IT'S THAT HIGH LEVEL, AND THE ONLY REASON I'M ASKING THAT IS I KNOW THE SAN MARCOS RIVER FOUNDATION WILL PUSH HARD FOR THAT AND COMPLICATE THE PROCESS.

AND IN SOME APPLICATIONS, SOME OF THE ENVIRONMENTAL ACTIVISTS.

AND JUST TO KIND OF SET THE STAGE, THE DISCHARGE LEVEL FOR SURFACE DISCHARGE IS 202010 AND THAT'S PARTS PER MILLION OF BIOLOGICAL OXYGEN DEMAND.

AND I MAY NOT HAVE THIS ORDER QUITE RIGHT.

BIOLOGICAL OXYGEN DEMAND SOMETHING ELSE AND NITROGEN OR SOMETHING LIKE THAT.

AND IT'S MOVED DOWN.

TOTAL SUSPENDED SOLIDS. TOTAL SUSPENDED SOLIDS OKAY.

BOD BIOLOGICAL OXYGEN DEMAND.

TOTAL SUSPENDED SOLIDS THEN AMMONIA.

THAT'S THE TYPICAL STANDARD AND THAT'S FOR DISCHARGE TO A SURFACE STREAM 202010 THE SCALE IS IMPORTANT HERE.

THE STANDARD IS MOVED AND THE STANDARD HAS BEEN FOR APPLICATION.

LIKE YOU'RE GOING TO SPRAY ON A GOLF COURSE FOR IRRIGATION WHERE MOST OF US PLAYED GOLF HERE OUT THERE YOU KNOW, YOUR BALL'S IN THE SPRINKLERS.

IT'S SAFE FOR HUMAN CONTACT.

THAT STANDARD IS 5521.

YEAH. PEOPLE HAVE PRETTY MUCH MOVED TO THAT FOR DISCHARGE EVEN THOUGH IT IS IF YOU FOLLOW THE MATH HERE, ONE QUARTER, ONE TENTH AND 1/20 OF WHAT'S ALLOWED UNDER THE DISCHARGE RULES, SOME OF THE ENVIRONMENTAL ACTIVIST GROUPS HAVE BEGUN TO PUSH FOR 552 AND A HALF, WHICH IS TAKING THAT LAST COMPONENT, WHICH I THINK IS PHOSPHORUS, MOVING IT FROM ONE PART PER MILLION TO A HALF A PART PER MILLION.

IT'S THAT LAST.

IT SEEMS LIKE IT'S ONLY JUST A HALF A PART PER MILLION.

THAT LAST HALF A PART PER MILLION IS VERY, VERY EXPENSIVE TO GET.

YEAH. AND IT MATTERS IN SOME COMMUNITIES.

AND I'M JUST A LITTLE SCIENCE BACKGROUND WHEN YOU GO WEST OF AUSTIN, WHICH IS WHERE THEY BEGAN ASKING FOR THAT FOR AND YOU'RE IN THE HILL COUNTRY DRIPPING SPRINGS AREA, IT'S NOT PREDOMINANTLY AN AGRICULTURAL AREA.

[00:45:02]

IT'S, YOU KNOW, AND THEY HAVE A LOT OF SURFACE WATER SPRINGS AND A LOT OF CONCERNS ABOUT RECHARGE IN THE BARTON CREEK AND EDWARDS AQUIFER.

IN THIS AREA A LOT OF PEOPLE ARE APPLYING ON THEIR PASTURES A LOT MORE PHOSPHORUS THAN IS ALLOWED, EVEN UNDER THE TYPICAL PERMIT OF 201010.

SO WE DID NOT ASK FOR THAT HALF PHOSPHORUS LEVEL IN THIS.

I HAVEN'T HEARD FOR THAT BEING ASKED FOR ON THE MUDS THAT WE'RE SEEING ALONG THE RIVER IN CALDWELL COUNTY.

AND NO, I DO KNOW OF ONE THAT HAS ONE DEVELOPMENT THAT'S GOING TO BE COMING FORWARD SOON, THAT HAS ACQUIESCED TO THAT HALF PHOSPHORUS IN THEIR NEGOTIATIONS OR TO GET SOMEONE TO STOP A PROTEST.

AND THAT COULD STILL HAPPEN TO THEM AS THEY GO THROUGH THE TCEQ PROCESS.

BUT, YOU KNOW, FROM A SCIENTIFIC STANDPOINT, THERE'S A WHOLE LOT MORE PHOSPHORUS COMING OFF THESE AGRICULTURAL PROPERTIES IN THIS AREA THAN ARE COMING OUT OF THIS DISCHARGE. YEAH, IT SOUNDS LIKE YOU'RE WELL AWARE OF IT.

SO THAT I JUST WANTED TO MAKE SURE.

SEEMED LIKE I HAD ONE MORE, BUT I GUESS THAT'S IT.

OKAY, TRACY, I HATE TO MAKE YOU GET UP.

I HAD ONE QUESTION. I KNOW WE'VE DISCUSSED IT BEFORE.

NOT IN RELATION TO THIS DEVELOPMENT, BUT CAN YOU REFRESH MY MEMORY ON THE ALLEY LOADED LOTS AND DEDICATION AND HOW THAT YEAH. SO SO ALLEYS ARE PRIVATE.

THEY'RE NOT PUBLIC.

AND THE, SMALLER LOTS WHEN WE GET BELOW 40FT, WE ASK THAT THEY BE ALLEY LOADED BECAUSE THERE'S NOT ENOUGH PARKING BETWEEN THE DRIVEWAYS ON THE STREET. SO THEY HAVE THEIR TWO CAR GARAGE.

THEY CAN ENTER FROM THE BACK OFF THE ALLEY.

AND NOW THE STREET IS CLEAR OF DRIVEWAYS BECAUSE THE WAY SMALLER LOT CONSTRUCTION WORKS IS THERE'S TWO CAR GARAGE. BUT THE REALITY IS HALF THE GARAGE IS FULL OF JUNK.

MINE IS ALMOST EVERYBODY'S IS.

SO YOU GET ONE CAR IN THERE, YOU GET TWO CARS IN A DRIVEWAY.

AND THEN IF YOU HAVE GUESTS OR IF YOU'RE A HOUSEHOLD THAT HAS TWO TEENAGE DRIVERS, YOU END UP WITH ONE CAR IN THE STREET IN THOSE SUB 40 FOOT PRODUCT.

BECAUSE THE WIDTH OF THE DRIVEWAY, THERE'S ACTUALLY NOT ENOUGH WIDTH BETWEEN THE DRIVEWAYS FOR PARKING.

SO WE ASK THAT THOSE BE ALLEY.

BUT THAT'S ALLEYS ARE PRIVATELY MAINTAINED.

OKAY. NOT COUNTY MAINTENANCE.

THAT REMINDED ME.

OKAY. WHAT MY OTHER QUESTION IS I'M SURE WE'VE LOOKED AT IT, TRACY, BUT THIS WILL BE PRAIRIE LEA'S NOT AN INCORPORATED CITY, SO THIS WILL BE SOMETHING THAT WE'LL BE MAINTAINING. YES.

AND SO WE'VE LOOKED AT THE ROADWAY SPECIFICATIONS, ALLEY SPECIFICATIONS, AND EVERYTHING IS GOING TO BE DONE TO SOMETHING WE CAN MAINTAIN.

THOSE ARE CONSTRUCTION PLAN DETAILS.

AND WHEN THEY SUBMIT THEIR CONSTRUCTION PLANS, THEY'RE GOING TO HAVE TO FOLLOW OUR STANDARDS AND SPECIFICATIONS FOR THE CONSTRUCTION.

OKAY. WE'VE MADE NO EXCEPTIONS OR VARIANCES IN THE DEVELOPMENT AGREEMENT FROM CONSTRUCTION SPECIFICATIONS.

OKAY, OKAY. SOMETHING TO POINT OUT THAT YOU'RE GOING TO SEE.

WE'VE KIND OF EVOLVED AS THE NUMBER OF DEVELOPMENT AGREEMENTS WE'VE DONE HAVE EVOLVED.

AND SO THERE ARE SOME THINGS IN HERE LIKE THE REGIONAL POCKET PARKS BEGAN TO CAME UP.

WE HAD A COUPLE OF THEM WITH THOSE PARKS IN THEM BECAUSE THEY WERE IN SAN MARCOS' ETJ, AND SAN MARCOS REQUIRED THEM, AND WE WERE NOT ASKING FOR THEM BECAUSE THEY WERE SAN MARCOS WAS DEALING WITH IT WITH THE NEW LAW THAT ALLOWS PEOPLE TO DE-ANNEX FROM THE ETJ.

WE NO LONGER HAVE THAT PROTECTION OF THE LOCAL CITY REQUIRING IT, AND THEN WE'RE GETTING MORE AND MORE THAT ARE NOT IN SUBJECT TO A JURISDICTION WAS MAKING.

SO WE'RE GOING TO BEGIN ASKING FOR THAT.

SO THESE COMMUNITIES, WHICH HAVE BEEN TYPICALLY PRETTY GOOD ABOUT SUPPLYING A LARGE PARK THAT'S CENTRALLY LOCATED, ALSO HAS SOMETHING MORE CLOSER TO THE COMMUNITY WHERE PICTURE OF MOM WITH A COUPLE OF YOUNG KIDS AND NEED TO GET OUT OF THE HOUSE FOR A MINUTE, YOU KNOW, THERE'S SOME PARK THAT'S A WALKABLE DISTANCE THAT DOESN'T INVOLVE HIKING A MILE AND CROSSING THE MAJOR COLLECTOR ROAD IN A SUBDIVISION.

ANOTHER THING IS MANAGING WHAT'S ALLOWED ON THE COMMERCIAL.

YOU'LL SEE THERE'S AN ATTACHMENT TO THIS THAT HAS A LIST OF ALLOWED COMMERCIAL USES.

WE STARTED OUT IN EVOLUTION OF TRYING TO GO, OKAY, WHAT ARE OFFENSIVE THINGS WE DON'T WANT, YOU KNOW, ADULT ENTERTAINMENT BUSINESSES, THINGS LIKE THAT.

IT'S REALLY HARD TO COME UP WITH A LIST OF ALL THE THINGS YOU MAY NOT WANT BECAUSE IT'S LIMITED BY YOUR CREATIVITY, AND THERE'S ALWAYS SOMEONE OUT THERE MORE CREATIVE.

SO WE WORKED WITH THE DEVELOPER AND THE COMMISSIONER ON WHAT'S SUITABLE GIVEN THE LOCATION AND THE STYLE OF DEVELOPMENT GOING ON. KIND OF LOOKED FOR A LIST OF SUITABLE USES TO ALLOW FOR THAT COMMERCIAL.

OKAY. COMMISSIONERS, ANY OTHER QUESTIONS? OKAY. IF NOT, I'D LOOK FOR A MOTION OR NOT APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE COUNTY AND RODG DT LOCKHART PROP COMPANY, LLC FOR THE

[00:50:02]

GRISTMILL AT PRAIRIE LEA AND APPROXIMATELY 346.047 ACRES SUBDIVISION LOCATED AT SH 80 AND PLANT ROAD.

I MOVE TO APPROVE.

I HAVE A MOTION TO APPROVE BY COMMISSIONER HORNE.

DO I HAVE A SECOND? I'LL SECOND. SECOND BY COMMISSIONER THERIOT.

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

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

THANK YOU SIR. AND JUST ONE LAST ANNOUNCEMENT FOR THAT.

IF YOU WOULD JUST WAIT UNTIL COMMISSIONERS COURT IS OVER SO THAT WE CAN GET THAT AGREEMENT SIGNED AND RETURN TO YOU FOR RECORDING OF SIGNATURES.

THANK YOU. WITH THAT, WE'LL MOVE TO ITEM F 18 DISCUSSION ACTION TO APPROVE FISCAL SECURITY FOR CONSTRUCTION WITH A BOND IN THE AMOUNT OF

[F.18 To approve fiscal security for construction with a bond in the amount of $2,630,706.00 for Hartland Ranch Phase 2 located on Borchert Loop. Speaker: Judge Haden/BJ Westmoreland/Donald Leclerc; Backup: 3; Cost: $2,630.706.00]

$2,630,706 FOR HEARTLAND RANCH PHASE TWO, LOCATED ON BORCHERT LOOP.

IS DONALD.

OH, THERE YOU ARE, SITTING RIGHT IN FRONT.

YOU HAVE ANYTHING TO ADD ON THIS ITEM, DONALD? NO. EVERYTHING'S A GO.

EVERYTHING'S IN ORDER? YEAH.

OKAY. ALL RIGHT.

COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE THE FISCAL SECURITY FOR CONSTRUCTION WITH THE BOND IN THE AMOUNT OF $2,630,706 FOR HEARTLAND RANCH PHASE TWO, LOCATED ON BORCHERT LOOP.

SO MOVED.

I HAVE A MOTION TO APPROVE BY COMMISSIONER HORNE, DO I HAVE A SECOND? SECOND. SECOND BY COMMISSIONER THERIOT.

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

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

WITH THAT, WE'LL MOVE TO SECTION G OF THE AGENDA.

[G.1 To consider a development agreement between the County and Political 339, LLC for an approximately 901.8-acre subdivision located at Political Road and SH 80.]

DISCUSSION ONLY DISCUSSION TO CONSIDER A DEVELOPMENT AGREEMENT BETWEEN THE COUNTY AND.

EXCUSE ME. ITEM G ONE DISCUSSION TO CONSIDER A DEVELOPMENT AGREEMENT BETWEEN THE COUNTY AND POLITICAL 339 LLC FOR AN APPROXIMATELY 901.8 ACRE SUBDIVISION LOCATED AT POLITICAL ROAD AND SH 80.

OKAY. I'M GOING TO ASK JOSEPH TO COME UP NOW TO DO THE PRESENTATION FOR JK RANCH.

ALL OF THESE DEVELOPMENT AGREEMENTS, THE NEXT THREE ARE ALL IN STILL THE CORRECTING PHASE.

SO AT THIS TIME WE'RE JUST DOING PRESENTATIONS.

AND JUST THAT BEING SAID, IF THE COURT DOES HAVE DIRECTIVES IT WOULD LIKE TO SEND MY WAY, FEEL FREE, BECAUSE THAT'S ALSO PART OF THIS.

OKAY. GET THIS OUT OF YOUR BAG.

GOOD MORNING COMMISSIONERS.

MY NAME IS ACTUALLY NATHAN.

JOSEPH COULDN'T BE HERE TODAY, BUT COMING TO YOU ON BEHALF OF JK RANCH DEVELOPMENT.

IT'S AN ASHTON GRAY DEVELOPMENT, AS YOU CAN SEE IN FRONT OF YOU, WE'VE GOT 900 ACRE SITE THAT'S LOCATED OFF OF STATE HIGHWAY 80 AND POLITICAL ROAD.

WE'VE GOT A TIA SUBMITTED, AND PART OF THAT TIA WOULD BE REALIGNING POLITICAL ROAD TO THE NORTH END OF THE SITE.

AND THAT'S DUE TO THE TRAFFIC CONSTRAINTS AT THE INTERSECTION OF POLITICAL ROAD AND STATE HIGHWAY 80 THAT ARE PRESENTED IN THE CURRENT CONDITION WITH THE FUTURE DEVELOPMENT, THAT BOULEVARD WILL RUN ALL THE WAY THROUGH THE SITE AND TIE INTO THE EXISTING POLITICAL ROAD .

WITHIN THE DEVELOPMENT WE'VE GOT 500 ACRES THAT'S GOING TO BE TURNED INTO RESIDENTIAL, THAT'S COMING OUT TO ABOUT 2250 LOTS OF SINGLE FAMILY RANGING BETWEEN 40 AND 50 FOOT LOTS.

AND THEN WE'VE ALSO GOT 12 ACRES OF BUILD TO RENT AND 12 ACRES APPROXIMATELY OF MULTIFAMILY DEVELOPMENT.

PART OF THE NON RESIDENTIAL ASPECT OF THE DEVELOPMENT IS GOING TO BE LIGHT INDUSTRIAL.

WE'VE GOT SOME MIXED USE AND COMMERCIAL AS WELL AND THEN SOME SWING SPACE.

DEPENDING ON HOW THE DEVELOPMENT TRACKS OUT AND WHAT IS IN DEMAND AT THE TIME.

ADDITIONALLY, WE HAVE A SCHOOL SITE THAT WOULD BE PROPOSED FOR PRAIRIE LEA ISD AND MEETING WITH TRACY AND ED PREVIOUSLY.

WE ARE WORKING WITH THE SUPERINTENDENT TO GET THAT SETTLED OUT AND FIGURE OUT IF THAT'S A SITE THAT THEY'RE LOOKING AT AND IF THEY HAVE ANY CHANGES THAT THEY WOULD LIKE TO SEE THERE. FOR PARKS AND OPEN SPACE.

WE'VE GOT 16 ACRES OF FULLY DEDICATED PARK THAT'S GOING TO BE THROUGHOUT VARIOUS PLACES IN THE DEVELOPMENT, AND THAT KIND OF HELPS AID IN THE ACCESSIBILITY ACROSS THE ENTIRE TRACT.

AND THEN WE ALSO HAVE A LOT OF DRAINAGE AND OPEN SPACE THAT WILL HAVE TRAILS THAT WILL CONNECT THE PARKS AND THE DIFFERENT PARTS OF THE DEVELOPMENT TO ONE ANOTHER.

ADDITIONALLY, PART OF THE DEVELOPMENT WE'RE DOING A MUD.

IT'S GOING TO BE CALDWELL COUNTY MUDS FIVE AND SIX.

THOSE ARE IN PROGRESS.

CURRENTLY, AND THEY'LL BE KIND OF BROKEN UP ACROSS THE EAST WEST LINE OF THE TRACT.

UTILITIES WILL HAVE ON SITE WASTEWATER THAT'LL BE THROUGH THE MUD, AS WELL AS WHOLESALE WITH MAXWELL AND TRI COMMUNITIES FOR WATER.

[00:55:01]

OKAY, COMMISSIONERS, THIS ITEM IS DISCUSSION ONLY.

SO ANY QUESTIONS AT THIS TIME OR COMMENTS.

I BELIEVE THIS IS PRECINCT THREE.

CORRECT. YEAH. AND WE'VE TALKED SEVERAL TIMES AND IT'S STILL A WORK IN PROGRESS, BUT IT'S GETTING THERE.

DEFINITELY. THE SCHOOL SITE IS THAT PLAN TO BE DEDICATED TO PRAIRIE LEA.

YES. WE'LL BE DEDICATING THAT PRAIRIE LEA.

RIGHT NOW WE HAVE IT AS AN ELEMENTARY SCHOOL, BUT.

OK. IT WILL CHANGE.

HAVE Y'ALL HAD THOSE CONVERSATIONS YET? WE'VE REACHED OUT TO HIM. I DON'T THINK WE'VE HEARD ANYTHING BACK YET.

DID HE MENTION ANYTHING COMMERCIAL? YES, WE DO HAVE COMMERCIAL.

THAT'S GOING TO BE KIND OF ON THAT SOUTHWEST CORNER OF THE SITE.

WHAT'S IN DEMAND? OKAY, COMMISSIONERS, ANY OTHER QUESTIONS OR COMMENTS? APPRECIATE YOU GUYS COMING IN WITH A GOOD DEVELOPMENT.

WE LOOK FORWARD TO WORKING WITH YOU ON IT, SIR.

THANK YOU. OKAY.

ONE THING THAT'S BEEN DISCUSSED, AND THIS IS SOMETHING THAT I'LL REPEAT FOR EACH WORKSHOP WE DO, HAS BEEN IF THE COUNTY IS ABLE TO DISCUSS WITH THE DEVELOPERS A WAY TO RECOUP SOME OF THE ENGINEERING REVIEW FEES THAT GO INTO THESE AGREEMENTS.

AND SO WE WILL BE DISCUSSING THAT AS A POTENTIAL TERM OF THE DEVELOPMENT AGREEMENT WITH YOU ALL.

SO JUST FOR ANY COMMISSIONER WHO IS CURIOUS ABOUT THAT.

OKAY, THERE'S A SECTION IN THERE RIGHT NOW THAT CALLS FOR THAT.

YES. AND IT JUST IT'LL JUST BE PART OF THE DISCUSSIONS OF THAT.

OKAY. THANK YOU.

ALL RIGHT. THANK YOU SIR.

WITH THAT WE WILL MOVE TO ITEM G2 DISCUSSION TO CONSIDER A DEVELOPMENT AGREEMENT BETWEEN THE COUNTY AND CHISHOLM HILL LP AND APPROXIMATELY

[G.2 To consider a development agreement between the County and CHISHOLM HILL LP, an approximately 776.772-acre subdivision located at Black Ankle Road and Boggy Creek Road.]

776.772 ACRE SUBDIVISION LOCATED AT BLACK ANKLE ROAD AND BOGGY CREEK ROAD.

GOOD MORNING, COMMISSIONERS.

MY NAME IS ALAN COWDEN.

I'M PARTNERS WITH JOSH THORNTON.

AND WHILE THEY'RE GETTING SET UP, I JUST WANTED TO INTRODUCE OURSELVES.

WE ARE THE DEVELOPMENT COMPANY WE'RE BASED HERE IN CENTRAL TEXAS, AND KRISTAL WITH BGE IS GOING TO KIND OF JUST WALK EVERYBODY THROUGH THE DETAILS OF THIS COMMUNITY.

CAN YOU ALL SEE THAT? OKAY. I HAVE YEAH, I CAN SEE IF I MOVE OVER.

THANK YOU.

THANK YOU SIR.

THANK YOU SIR. GOOD MORNING, COMMISSIONERS.

MY NAME IS KRISTAL HARRIS WITH BGE.

AND BEFORE YOU THIS MORNING IS WHAT WE'RE CALLING HILLSIDE OR CHISHOLM HILL MUD NUMBER ONE.

WE ARE ABOUT 777 ACRES LOCATED NORTH OF 130, JUST WEST OF BOGGY CREEK ROAD AND EAST OF BLACK ANKLE ROAD. AS YOU CAN SEE ON THE OVERALL CONCEPT PLAN, IT'S A MAJORITY OF SINGLE FAMILY PROPOSED.

THERE IS A LITTLE BIT OF CONCEPTUAL, MULTIFAMILY AND COMMERCIAL PLAN FOR THE SITE.

OUR MAIN ENTRANCE WILL BE OFF OF BOGGY CREEK ROAD TO THE EAST, WHICH WILL CONTRIBUTE TOWARDS CITY OF LOCKHART.

PLENTY OF PARK LAND DEDICATED ON THE SITE.

WE'RE LOOKING AT ABOUT 60 ACRES.

A PORTION OF THAT WILL BE WITHIN THE FLOODPLAIN OUTSIDE OF THE 25 YEAR.

ON THE SECOND PAGE.

YOU CAN SEE THAT WE ARE LOCATED WITHIN 1.6 MILES OF LOCKHART JUNIOR HIGH SCHOOL.

WE'RE PROPOSING A MIXTURE OF 40S 45S AND 50S FOR LOT MIXES.

THERE'S JUST SOME VISUAL IMAGERY TO REPRESENT THE TYPES OF HOMES WE'RE ANTICIPATING FOR THIS DEVELOPMENT.

IT'S REALLY GREAT SITE THAT WE'RE LOOKING AT HERE ON THE LAST PAGE, KIND OF OUTLINES ALL OF THE HIGHLIGHTS THAT HAVE BEEN PROPOSED WITHIN THE DEVELOPMENT AGREEMENT.

AND WE'VE WORKED CLOSELY WITH TRACY ON THE DETAILS OF THIS DEVELOPMENT AGREEMENT.

SO RIGHT NOW WE'RE LOOKING AT AROUND 2800 HOMES, WHICH WOULD BE ABOUT 3.6 HOMES TO THE ACRE.

THERE ARE PLENTY OF RIGHT OF WAY DEDICATION OPPORTUNITIES HERE.

SO ALONG BLACK ANKLE ROAD WE'RE PROPOSING ADDITIONAL FRONTAGE.

AND THEN ALSO A LITTLE BIT OF A REALIGNMENT THERE IN OUR NORTHERN SIDE TO MAKE THAT A SAFER ROAD FOR PEOPLE TO TRAVERSE.

[01:00:06]

AND THEN ALSO ALONG BOGGY CREEK ROAD, WE ARE GOING TO BE IMPROVING ABOUT 2200 LINEAR FEET OF ROADWAY TO OUR CONNECTION TO 130 THERE TO THE SOUTH.

THERE'S THAT CONTRIBUTION IS IN ALIGNMENT WITH THE COUNTY'S TRANSPORTATION MASTER PLAN.

WE'VE WORKED WITH TRACY ON THAT.

PARKS, AS I'D MENTIONED EARLIER, YOU KNOW, OUTLINED IN IN THE EXHIBIT RIGHT NOW, THERE'S ABOUT 50 ACRES AND AN ADDITIONAL 10 OR 11 ACRES WOULD COME OUT OF THE THE FLOODPLAIN FOR RESIDENTS TO USE.

ADDITIONALLY, POCKET PARKS WILL BE SCATTERED THROUGHOUT THE DEVELOPMENT FOR EASE OF ACCESS.

TRAILS WILL BE PROVIDED TO AND FROM THOSE PARK OPPORTUNITIES TO MAKE SURE THAT EVERYONE HAS AVAILABILITY TO GREEN SPACES, WE'RE OFFERING TO PLANT ONE TWO INCH CALIPER TREE WITHIN THE FRONT OF EVERY SINGLE FAMILY LOT.

AND THEN ALSO WE'RE GOING TO BE A DARK SKY COMMUNITY.

OKAY. THANK YOU.

COMMISSIONERS, THIS IS IN PRECINCT ONE.

WE'VE HAD DISCUSSIONS OFF AND ON, PROBABLY FOR A FEW MONTHS NOW.

TRACY, I WOULD IMAGINE.

THIS ONE MAY NOT BE QUITE AS FAR ALONG JUST YET AS THE OTHERS, BUT WE'VE WORKED THROUGH SOME OF THE TRANSPORTATION ISSUES THAT KIND OF CAME UP FROM THIS AT THE FOREFRONT. I THINK IT'LL MOVE PRETTY, PRETTY FAST NOW.

THIS ONE DOES HAVE A LITTLE MORE INVOLVEMENT IN OUR TRANSPORTATION GRID AND OUR TRANSPORTATION PLAN, AS KRISTAL MENTIONED.

THERE AS PART OF IT, THEY'RE AGREEING TO REALIGN OF BLACK ANKLE IF YOU'RE FAMILIAR WITH IT TAKES MAKES A REALLY SHARP SWITCH BACK. THE REALIGNMENT THEY'VE WORKED OUT AS YOU MIGHT REMEMBER COMMISSIONER YOUR PRECINCT THAT'S A ROADWAY CROSSING THAT WE IMPROVED WITH SOME FEDERAL GRANT FUNDS.

CORRECT. THAT KEEPS THAT CROSSING AT THE SAME LOCATION AND REALIGNS IT WITHIN THEIR PROPERTY TO TAKE OUT THOSE THOSE 290 DEGREE TURNS.

THERE'S A COUPLE OTHER ROADWAY ALIGNMENTS THAT YOU SEE ON THEIR PLAN THAT ARE IMPLEMENTATION OF OUR LONG TERM THOROUGHFARE PLAN AND IMPROVE THAT SIDE OF THE COUNTY.

AND COMMISSIONERS, THAT THAT PART IS THE CONNECTION MOSTLY DOWN TO BOGGY CREEK AND THE WAY THAT THAT WOULD PROVIDE CROSS CONNECTIVITY BACK OVER TO BLACK ANKLE AND BORCHERT. YES. AT THIS POINT, WE'RE FOCUSED ON THIS AREA IN THE COUNTY WITH CONNECTIVITY TO STATE HIGHWAY 130 AND WORKING WITH THE STATE'S 130 CONCESSIONAIRE ON IMPROVED RAMPS AND ACCESS TO 130.

AND THAT WILL GREATLY RELIEVE THE PRESSURE ON THE COUNTY AND THE OTHER STATE ROADWAYS.

QUESTIONS. COMMISSIONERS.

TRACY, ONE DIFFERENCE BETWEEN THIS ONE AND SOME OF THE OTHER ONES WE'VE BEEN LOOKING AT IS THE OTHER ONES HAVE DIRECT ACCESS ONTO STATE MAINTAINED ROADWAYS.

YES. THIS ONE I GUESS WILL BE SOLELY ACCESSED BY COUNTY ROADS.

YES. YOU KNOW, COMING IN AND I HEARD YOU SAY THAT THERE WILL BE SOME IMPROVEMENTS TO THOSE ROADS ASSOCIATED WITH DEVELOPMENT, WHICH IS GREAT.

BUT DO THE IMPROVEMENTS EXTEND BEYOND THE BOUNDARIES OF THE SUBDIVISION BACK ALL THE WAY TILL THESE ROADS HIT STATE FACILITIES? YES. AND THAT'S SOME OF THE FINALIZATION TO HAPPEN IN THE DISCUSSION.

BUT PARTICULARLY THIS IS BOGGY CREEK EXTENDING IT BACK TO STATE HIGHWAY 130, WHICH IS OUTSIDE OF THEIR PROPERTY LIMITS.

THAT'S WHY YOU SEE THERE WE'VE KIND OF LOOKED AT WHAT THE EXISTING RIGHT OF WAY WAS THE PAVEMENT WITH THE 26FT.

TYPICALLY WE WOULD LIKE FOR THAT ROAD ULTIMATELY TO BE WIDER THAN THAT.

BUT THEY DON'T CONTROL THE RIGHT OF WAY.

SO IT'S A MATTER OF WHAT WE CAN FIT, WHAT THEY CAN FIT INTO THE EXISTING RIGHT OF WAY.

WHAT'S NECESSARY IS A WIDE ENOUGH DRIVABLE SURFACE FOR SAFE TO TWO WAY TRAFFIC, AS WELL AS A ROBUST ROADWAY SURFACE THAT CAN HANDLE THE INCREASED TRAFFIC.

AND THAT'S WHAT WE'RE WORKING WITH THEM TO GET WITHIN THE CONFINES OF THAT EXISTING RIGHT OF WAY.

HOW ABOUT HOW ABOUT ON BLACK ANKLE CONTINUING ON TOWARDS FM 20.

IS THERE ANYTHING PROPOSED.

WELL THEY'RE DOING THE REALIGNMENT THERE.

I DON'T REMEMBER OFF THE TOP OF MY HEAD.

NOR DO WE HAVE THE TIA COMPLETE FOR THEM.

SO THOSE ARE THOSE ARE THINGS THAT WE CAN CERTAINLY TAKE BACK FROM THE COMMISSIONERS COURT AS WE WORK ON THE DETAILS OF FINALIZING THE DEVELOPMENT AGREEMENT.

WE'VE HAD A COUPLE OF MEETINGS ON IT.

COMMISSIONER THERIOT AND I DO KNOW AT ONE POINT IN THE EARLY DISCUSSIONS WE HAD TALKED ABOUT, YOU KNOW, THE DIFFERENCES BETWEEN WHAT THE TIA MIGHT SPECIFY PERCENTAGE WISE, IMPROVEMENTS ON BITS AND PIECES OF ROADS.

AND TRACY AND I HAD TALKED ABOUT, WELL, ON BLACK ANKLE SPECIFICALLY.

THIS WAS PRIOR TO KNOWING IF WE WERE GOING TO GET THE CONNECTION AT BOGGY IS MY UNDERSTANDING, BUT THE DISCUSSION AT THAT POINT DID AT LEAST MENTION

[01:05:08]

IMPROVEMENTS TO BLACK ANKLE OUTSIDE OF THE FOOTPRINT OF THE DEVELOPMENT ALL THE WAY TO FM 20, BUT THAT HASN'T BEEN.

THAT HASN'T. WE HAVEN'T GOTTEN THAT FAR DOWN THE ROAD, SO TO SPEAK, JUST YET.

SO. SURE.

AND I CAN SHED A LITTLE LIGHT ON THAT AS WELL.

SO ORIGINALLY THE MOST EASTERN THAT MORGAN TRACT, WE DIDN'T HAVE THAT AS PART OF THIS DEVELOPMENT.

AND SO WE HAD HAD DISCUSSIONS ABOUT IMPROVING BLACK ANKLE BACK TO 130.

BUT NOW THAT WE'VE GOTTEN THE MORGAN TRACT, THERE'S A LITTLE BIT BETTER ACCESS TO BOGGY CREEK FOR CONNECTIVITY TO 130 AND ALSO TO CITY OF LOCKHART.

SO WE'RE KIND OF REFOCUSING THE MAIN ENTRANCE TO BE ON THE EASTERN SIDE.

AND SO THAT'S THE 2200 LINEAR FEET OF ROADWAY WOULD BE IMPROVEMENT FOR CONNECTION BACK TO 130.

OKAY. BLACK ANKLE TO 130.

IT DOESN'T GET TOO MUCH ACCOMPLISHED BECAUSE THERE'S NO ACCESS TO 130 THERE.

UNLESS THAT'S PART OF THE PROPOSAL, TOO.

NO, THAT'S WHY THE FOCUS HAS SHIFTED.

ONCE THEY GOT THE ADDITIONAL PROPERTY THAT INVOLVED BOGGY TO SHIFT THAT FOCUS TO BOGGY AS THE PRIMARY ENTRANCE, I REALIZE THAT, BUT I'M HARD PRESSED TO SAY THAT SOMETHING STILL WON'T BE NEEDED ON BLACK ANKLE.

AND YEAH, CERTAINLY IT MIGHT BE AND JUST FOR EVERYONE'S EDIFICATION.

ONE OF THEIR EXACTIONS WE'RE GOING TO MAKE IN THE DEVELOPMENT AGREEMENT ASKING FOR IMPROVEMENTS.

AND THEN THEY ALSO HAVE THEIR TRAFFIC IMPACT ASSESSMENT TO DO.

AND THAT'S GOING TO CALL FOR THE VARIOUS IMPROVEMENTS.

AND USUALLY THOSE TIAS CALL FOR PRO RATA IMPROVEMENTS.

SO THERE MAY BE AN INTERSECTION AT 20 AND SOMETHING THAT THEY ARE 25% RESPONSIBLE FOR BECAUSE THEY'RE 25% OF THE TRAFFIC AND 30% OF THIS AND 50% OF THAT.

AND WHAT WE TRY AND DO IS LOOK AT WHAT THAT DOLLAR AMOUNT COMES UP TO AND WORK WITH THEM AND WITH THE PRECINCT COMMISSIONER, AND SOMETIMES WITH TXDOT DEPENDING ON THEIR FACILITY, AND SAY, OKAY, INSTEAD OF FUNDING 20% OF ALL THESE THINGS, BUILD THIS THING, AND WE'RE GOING TO TRY AND GET OTHER DEVELOPERS BECAUSE IT'S RAPIDLY DEVELOPING TO BUILD THE OTHER PIECES.

AND SO IT'S USUALLY BETTER, RATHER THAN COLLECTING A WHOLE LOT OF MONEY THAT GETS HELD BY THE TREASURER IN A SEPARATE ACCOUNT FOR FUTURE IMPROVEMENTS, FOR FIVE DIFFERENT THINGS TO GET ONE THING BUILT BECAUSE ONE THING BUILT BENEFITS THE TRAVELING PUBLIC TODAY, RATHER THAN MONEY SITTING UNTIL WE CAN COLLECT ALL OF IT. SO. AND I THINK THAT'S CERTAINLY BEEN THE CONVERSATION THAT WE'VE HAD 2 OR 3 TIMES.

I THINK THIS ONE'S PROBABLY NOT QUITE AS FAR ALONG BECAUSE THEY HAVEN'T BEEN ABLE TO DO A TIA YET.

I THINK WE'LL KNOW A LOT MORE ONCE THAT IS COMPLETED.

BUT I THINK IT'S IMPORTANT TO TAKE COMMISSIONER THERIOT'S COMMENTS UNDER ADVISEMENT JUST FOR FUTURE TALKS ABOUT THIS DEVELOPMENT.

SO OKAY, COMMISSIONERS, ANY OTHER QUESTIONS ON THIS ONE? OKAY. WE APPRECIATE IT.

THANK YOU. YES. THANK YOU ALL.

OKAY. ALL RIGHT.

NEXT DISCUSSION ITEM G3 TO CONSIDER DEVELOPMENT BETWEEN THE COUNTY AND TAC FORWARD LLC FOR ACORN ACRES AND APPROXIMATELY

[G.3 To consider a development agreement between the County and TAC Forward LLC for Acorn Oaks, an approximately 93.459-acre subdivision located at 484 Acorn Road.]

93.459 ACRE SUBDIVISION LOCATED AT 484 ACORN ROAD.

THANK YOU SIR. GOOD MORNING, COMMISSIONERS.

GOOD TO SEE YOU AGAIN, COMMISSIONER THERIOT.

KASI. TRACY, I DO WANT TO CALL OUT THE EXCEPTIONAL RELATIONSHIP WE'VE GOT BUILT OVER THE LAST, I WOULD SAY, YEAR AND A HALF, TWO YEARS WITH KASI AND TRACY.

I THINK WITHOUT THEM, THIS DATE WOULD STILL BE A LONG WAYS AWAY.

SO THANK YOU FOR YOUR COUNSEL ALONG THE WAY.

IT'S VERY MUCH APPRECIATED.

I AM TYLER DORSEY, AND I REPRESENT THE TEAM THAT'S GOING TO BE RESPONSIBLE FOR BRINGING ACORN OAKS TO CALDWELL COUNTY.

TODAY I WANT TO TALK ABOUT THE FOOTPRINT OF THE DEVELOPMENT.

TALK A LITTLE BIT ABOUT THE FLOODPLAIN.

THERE IS AN INEXTRICABLE LINK BETWEEN FLOODPLAIN AND OUR PROPERTIES.

SO WE WANT TO ADDRESS HOW WE'RE DEALING WITH THAT.

AND THEN WE WANT TO TOUCH ON THE VARIANCE REQUEST THAT WE ARE PROPOSING IN THE DEVELOPMENT AGREEMENT ITSELF.

SO TO BEGIN, ACORN OAKS IS A ROUGHLY 93 ACRE PROPERTY DIVIDED INTO 64 LOTS, 63 OF WHICH WILL BE RESIDENTIAL AND ONE OF WHICH WILL BE AN OPEN AREA RECREATIONAL DEDICATED SITE.

THAT SITE WILL BE ROUGHLY EIGHT ACRES OR SO, SO ALMOST 10% OF THE FOOTPRINT WILL BE DEDICATED TO KIND OF RECREATION.

[01:10:07]

IT WILL BE A RENTAL COMMUNITY.

EACH OF THE LOTS WILL HAVE A DUPLEX SITUATED ON IT.

FIVE ROADS WILL SERVICE THE COMMUNITY, WITH EACH ROAD BEING 40FT.

THERE WILL BE TWO OPTIONS FOR INGRESS AND EGRESS INTO THE DEVELOPMENT COMING OFF OF ACORN ROAD AND WITH TWO ROADS THAT T RIGHT INTO THE ROAD ITSELF.

AND I SHOULD HAVE MENTIONED JUST FOR ORIENTATION SAKE, AT THE BEGINNING, THE NEAREST INTERSECTION TO THE PROPERTY WOULD BE STATE PARK ROAD AND ACORN ROAD FOR NAVIGATIONAL PURPOSES. REGARDING THE FLOODPLAIN, THERE IS A FAIRLY CONSPICUOUS FOOTPRINT OF FLOODPLAIN ON THE PROPERTY.

ANY DOCUMENTS OF RECORD THAT YOU'LL SEE GOING FORWARD REFLECT A REVISED FLOODPLAIN THAT WE SECURED BY WAY OF FEMA WITH A LETTER OF MAP REVISION, OR LOMR, DATED AUGUST 7TH OF 2023.

THAT DOCUMENT WAS SENT FROM FEMA BY WAY OF THEIR THIRD PARTY OFFICE DIRECTLY TO JUDGE HADEN'S OFFICE.

AND THAT IS THE DOCUMENT THAT I'VE SUBMITTED TO YOU HERE TODAY, JUST FOR YOUR RECORDS.

WITH RESPECT TO VARIANCE REQUESTS IN THE DEVELOPMENT AGREEMENT THERE ARE PRINCIPALLY TWO AREAS THAT WE ARE LOOKING TO SECURE SOME AGREEMENT ON, ONE OF WHICH IS FLAG LOTS. BY RULE, WE ARE PERMITTED TWO FLAG LOTS GIVEN THE SIZE OF THIS DEVELOPMENT, AND WE ARE ACTUALLY SEEKING A TOTAL OF FIVE.

FOUR WOULD BE FOR RESIDENTIAL LOTS AND ONE WOULD BE FOR THAT OPEN AREA RECREATION LOT.

PRACTICALLY SPEAKING, IF THERE IS WHAT LOOKS TO BE A STEM OF A FLAG THAT FEEDS INTO LOT 45, WHICH IS THAT OPEN AREA.

BUT AS YOU TRACE LOT 45 UP TO ITS NORTHERNMOST BOUNDARY, COMING RIGHT OFF OF ACORN ROAD, YOU CAN SEE THAT YOU DO HAVE ACCESS.

SO WE'RE CALLING IT A FLAG LOT.

BUT IN IN PRACTICE YOU COULD JUST AS WELL ARGUE THAT IT'S NOT REALLY A FLAG LOT, BUT CERTAINLY FROM INSIDE THE DEVELOPMENT TO ACCESS THAT AREA, IT HAS THE MAKINGS OF THE LOOK AND FEEL OF A FLAG LOT.

THE OTHER AREA THAT WE'RE SEEKING AGREEMENT ON WITH RESPECT TO VARIANCE REQUESTS ARE THE LOT WIDTH.

WE HAVE 26 LOTS THAT WE ARE PROPOSING THAT WOULD FALL UNDER THE MINIMUM 125 FOOT LOT WIDTH REQUIREMENT.

18 OF THOSE LOTS WOULD BE 100 FOOT IN WIDTH, AND EIGHT OF THOSE LOTS WOULD BE 110FT IN WIDTH.

AND THAT, IN A NUTSHELL, IS A BASIC ORIENTATION OF ACORN OAKS.

THANK YOU AGAIN FOR YOUR TIME.

HAPPY TO ENTERTAIN ANY QUESTIONS OR COMMENTS.

AND COMMISSIONER THERIOT LOOKING FORWARD TO WORKING WITH YOU GOING FORWARD.

THANK YOU FOR YOUR TIME TO THIS POINT.

AND TRACY AND KASI, SAME AS WELL.

I HAVE ONE QUESTION JUST BEFORE YOU GO.

THE DOCUMENTS PASSED.

SORRY. OVER HERE. THE DOCUMENTS PASSED OUT TO THE COURT WAS THAT A COPY OF THAT PARTICULAR ITEM THERE OR JUST SO THAT I.

IT'S JUST FOR RECORD SAKE.

IT'S A COPY OF FEMA'S LETTER OF MAP REVISION THAT WAS SENT.

SO WE WANT TO MAKE SURE THAT WHEN YOU THINK OF THIS CAN YOU JUST CAN YOU SPEAK INTO THE MICROPHONE JUST SO IT PICKS IT UP ON THE RECORDING.

YEAH. SORRY ABOUT THAT. SO YES.

JUST TO NET IT OUT, WHAT I HANDED TO THE COMMISSIONERS WAS BASICALLY A COPY OF FEMA'S LETTER OF MAP REVISION.

AND I'M HAPPY TO PROVIDE THAT TO THE STAFF AS WELL.

I CAN GET ONE OF THEM FROM THE COURT, BUT THANK YOU.

JUST WANTED TO MAKE SURE WE HAD THAT RECORDED.

SURE. COMMISSIONERS QUESTIONS? COMMENTS. TRACY, YOU HAVE SOMETHING TO ADD? JUST KIND OF REFRAMING AND REMINDING THE ENTIRE COURT.

I KNOW COMMISSIONER THERIOT RECALLS THIS.

THE COURT SEVERAL MONTHS AGO APPROVED THE PRELIMINARY PLAT ON THIS, SUBJECT TO SEVERAL CONDITIONS OR NOTES THAT COMMISSIONER THERIOT HAD MADE.

ONE WAS RELATED TO THE NUMBER OF FLAG LOTS, AND THERE WERE A COUPLE OF OTHER THINGS.

AND THIS DEVELOPMENT AGREEMENT, IS A RESULT OF US WORKING WITH THEM ON THAT CONDITIONAL APPROVAL.

AND SO WHAT THIS DEVELOPMENT AGREEMENT WILL DO, WILL, IN FACT KIND OF INCLUDE APPROVAL OF THIS PRELIM CLEAN OF CONDITIONS BECAUSE THEY'LL BE CLEARED VIA THE CONDITIONS AND THE DEVELOPMENT AGREEMENT.

IN THIS AREA.

OKAY. SO BACK IF YOU CAN TURN IT AROUND SO I CAN POINT.

YOU'LL NOTICE IN THIS CORNER WHICH IS KIND OF THE SOUTHWEST CORNER, THERE ARE SEVERAL LOTS THAT ARE ON THE BACK SIDE OF THE

[01:15:03]

FLOODPLAIN. AND WE WORKED WITH THEM DURING ACTUALLY PRIOR TO APPROVING THE PRELIMINARY PLAT ON THEIR FLOODPLAIN PERMIT THROUGH FEMA.

AND THAT HAS A SHARED ACCESS DRIVEWAY IN IT GOING BACK THERE.

AND THEY HAVE MODELED WHAT THAT IMPROVEMENT LOOKS LIKE FOR THOSE HOMEOWNERS TO ENSURE SAFE ACCESS TO THE BACK.

AND THAT'S INCLUDED IN THEIR FLOODPLAIN MODEL BECAUSE IT WAS NOT A IT'S NOT REALISTIC TO EXPECT THAT AN INDIVIDUAL HOMEOWNER IS GOING TO GO THROUGH THE FEMA PROCESS, WHICH IS VERY EXPENSIVE AND TIME CONSUMING, IN ORDER TO GET THAT ACCOMPLISHED.

AND WE ACTUALLY HAVE HAD THAT COME UP IN ANOTHER DEVELOPMENT THAT WAS DONE A COUPLE YEARS AGO WHERE IT GOT APPROVED, AND THEN THE HOMEOWNER IS LIKE, I CAN'T GET A PERMIT TO GET BACK TO THE BUILDABLE AREA IN MY PROPERTY WITHOUT GOING THROUGH THIS REALLY EXPENSIVE PROCESS.

SO THE DEVELOPER HAS DONE THAT ALONG WITH THEIR OTHER FLOODPLAIN WORK WITH FEMA.

OKAY. THANKS. COMMISSIONERS, ANY OTHER QUESTIONS? COMMENTS? ONCE AGAIN, THANK YOU VERY MUCH FOR YOUR WILLINGNESS TO WORK WITH US ON AN AGREEMENT THAT HOPEFULLY WILL RESULT IN A GOOD DEVELOPMENT FOR YOU AND THE COUNTY.

AND JUST I KNOW THAT THE AGREEMENT, AS IT'S CURRENTLY SET UP, PROVIDES FOR RESTRICTIVE COVENANTS TO BE PUT TOGETHER AND RECORDED ON THE PROPERTY.

AND JUST TO BRIEFLY REVIEW KIND OF SOME OF THE THINGS THAT WE DISCUSSED AS BEING INCLUDED IN THOSE COVENANTS WOULD BE THAT THERE ARE SITE BUILT STRUCTURES.

RIGHT. THAT'S CORRECT.

YES. MANUFACTURED HOMES, MOBILE HOMES, THOSE THINGS ARE PROHIBITED.

RIGHT. FROM STRICTLY STICK BUILT.

YES. YEAH. AND THEN.

THAT THERE'S PARKLAND PROVIDED MAINTAINED BY THE HOMEOWNERS ASSOCIATION.

ABSOLUTELY. OKAY.

AND THEN BEING THAT IT IS PROPOSED TO BE A RENTAL COMMUNITY, YOU KNOW, OUR EXPERIENCE WITH THOSE AND I THINK THE EXPERIENCE IN A LOT OF JURISDICTIONS IS, IS THAT, YOU KNOW, THERE CAN BE PROBLEMS WITH UPKEEP AND MAINTENANCE, YOU KNOW, ON THOSE PROPERTIES.

WILL THE RESTRICTIVE COVENANTS ALSO INCLUDE SOMETHING REGARDING THAT? ABSOLUTELY. AND AN ENFORCEMENT TOOL? THE COUNTY HAS A DIFFICULT TIME, YOU KNOW, DOING THAT.

RIGHT. I THINK PIGGYBACKING OFF OF THE PREVIOUS CONVERSATIONS WE'VE HAD WITH YOU AND YOUR CONCERN ABOUT THIS DEVELOPMENT POTENTIALLY TURNING INTO YOUR WORST NIGHTMARE THAT YOU'VE SEEN IN OTHER PLACES.

YEAH, WE WILL HAVE PROVISIONS IN PLACE TO MAKE SURE THAT DOESN'T HAPPEN, TO ALLOW FOR US TO HANDLE THE THINGS THAT, RESOURCE WISE, ARE JUST BEYOND YOUR SCOPE RIGHT NOW.

ALL RIGHT. OKAY.

ALL RIGHT. THAT'S IT.

OKAY. COMMISSIONERS, ANY OTHER COMMENTS? QUESTIONS? OKAY.

WE APPRECIATE YOUR TIME.

THANK YOU. THANK YOU ALL.

AND THAT IS OUR LAST DISCUSSION ITEM.

WITH THAT WE'LL MOVE TO SECTION H OR ITEM H ADJOURNMENT.

DO I HEAR A MOTION TO ADJOURN? SO MOVED. I HAVE A MOTION TO ADJOURN BY COMMISSIONER THERIOT.

DO I HAVE A SECOND? SECOND. SECOND BY COMMISSIONER HORNE? ANY DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE.

AYE. ALL OPPOSED? HEARING NONE. MOTION CARRIES.

WE ARE ADJOURNED AT 10:18.

* This transcript was compiled from uncorrected Closed Captioning.