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>> GOOD MORNING, EVERYONE. THANK YOU FOR COMING

[A. CALL MEETING TO ORDER]

[00:00:03]

TO CALDWELL COUNTY COMMISSIONERS COURT THIS MORNING.

WE'RE GOING TO CALL OUR [NOISE] MEETING TO ORDER TUESDAY, DECEMBER 12TH, 2023 AT 9:00 A.M. COMMISSIONER THOMAS, WOULD YOU MIND LEADING US IN THE INVOCATION?

>> [BACKGROUND].

>> AMEN.

>>

>>

>> COMMISSIONERS, WE HAVE ANY ANNOUNCEMENTS THIS MORNING?

>> NO ANNOUNCEMENTS FROM ME JUDGE.

>> NO, SIR.

>> NONE. NONE FROM ME.

>> CITIZEN'S COMMENTS?

>> NO CITIZENS COMMENTS.

>> THANK YOU. WE'LL MOVE TO CONSENT, COMMISSIONERS.

[OVERLAPPING]. I'M SORRY. I FORGOT [INAUDIBLE], YOU DO HAVE AN ANNOUNCEMENT. [LAUGHTER]

[D. ANNOUNCEMENTS]

>> COMMISSIONERS, I JUST WANT TO REMIND EVERYBODY, I HAVE SOME DEPARTMENT HEADS THAT HAVE NOT SENT ME THEIR USERS FOR THE CYBERSECURITY.

IF THAT'S THE CASE, I'M GOING TO BE SENDING IT OUT TO EVERYBODY THAT I GET THE LIST FROM BLUE LAYER.

SO IF YOU DON'T WANT TO BE INCLUDED OR IF THEY DON'T NEED TO BE TAKING IT, THEN YOU NEED TO LET ME KNOW WHO I CAN AND WHO DOES NOT NEED TO TAKE IT.

>> OKAY. THANK YOU. SORRY ABOUT THAT.

WE'LL GO AHEAD WITH CONSENT NOW, COMMISSIONERS,

[F. CONSENT AGENDA]

UNLESS THERE'S DISCUSSION, I WOULD LOOK FOR A MOTION TO APPROVE.

>> SO MOVED.

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

>> SECOND.

>> MOTION AND A SECOND. ALL IN FAVOR SAY AYE. [OVERLAPPING]

>> AYE.

>> OPPOSED HEARING NONE, MOTION CARRIES.

[H.1 Regarding the burn ban. ]

[NOISE] ITEM H1 REGARDING THE BURN BAN.

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

I'M GOING TO BE SHORT AND SWEET.

WE'VE HAD SOME RAIN IN THE PAST, SO IT'S BEEN PRETTY GOOD FOR US.

EVERYTHING IS STILL A LITTLE GREEN, BUT IT'S TURNING DRY.

WE'RE PROJECTED TO HAVE SOME RAIN ON THURSDAY WITH A 20%, FRIDAY WITH 90%.

THEY'RE ESTIMATING, WE'RE PROBABLY GOING TO HAVE ANYTHING FROM AN INCH AND THREE-QUARTERS TO TWO INCHES OF RAIN ON FRIDAY.

THE STORM LOOKS PRETTY GOOD, AND THEN IT DRIVES OFF AGAIN.

RIGHT NOW, THE KBDI NUMBERS: THE MINIMUM 125, MAX 222, THE AVERAGE 133 WITH A PLUS OF TWO.

I'M GOING TO ASK FOR THAT WE KEEP THE BURN BAN OFF ANOTHER TWO WEEKS.

>> COMMISSIONERS, WE HAVE A MOTION TO KEEP THE BURN BAN OFF.

>> SO MOVED.

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

>> SECOND.

>> MOTION AND A SECOND. ALL IN FAVOR SAY AYE. [OVERLAPPING]

>> AYE.

>> OPPOSED HEARING NONE, MOTION CARRIES. ITEM H2.

[H.2 To approve Order 02-2024 restricting certain fireworks in unincorporated areas. ]

DISCUSSION, ACTION TO APPROVE ORDER 02202 FOR RESTRICTING CERTAIN FIREWORKS IN UNINCORPORATED AREAS?

>> YES, JUDGE, I'D LIKE TO RESTRICT THE USE OF CERTAIN FIREWORKS WITHIN OUR COUNTY, MOSTLY ANYTHING THAT IS PROJECTED INTO THE SKY AND GUIDED BY A STICKER OR A FIN.

I'D LIKE TO RESTRICT THOSE ITEMS.

>> I'LL GO AHEAD AND READ THE ORDER INTO THE RECORD TOO.

ORDER 022024, ORDER RESTRICTING CERTAIN FIREWORKS IN UNINCORPORATED AREAS OF CALDWELL COUNTY.

WHEREAS, THE TEXAS FOREST SERVICE HAS DETERMINED THAT DROUGHT CONDITIONS EXIST IN CALDWELL COUNTY.

WHEREAS, ON THE 12TH OF DECEMBER 2023, COMMISSIONERS COURT OF CALDWELL COUNTY HAS DETERMINED THAT THE NORMAL DANGER OF FIRE IN THE UNINCORPORATED AREAS OF CALDWELL COUNTY IS GREATLY ENHANCED BY EXTREMELY DRY CONDITIONS NOW EXISTING.

NOW THEREFORE, BE IT ORDERED BY CALDWELL COUNTY COMMISSIONERS COURT THAT ONE A PERSON MAY NOT SELL, DETONATE, IGNITE, OR IN ANY WAY USE FIREWORKS CLASSIFIED AS SKYROCKETS WITH STICKS.

UNDER 49 CFR PART 173.100R210-01-86 EDITION, OR MISSILES WITH FINS IN ANY PORTION OF THE UNINCORPORATED AREAS OF CALDWELL COUNTY.

THIS ORDER DOES NOT PROHIBIT PERMISSIBLE FIREWORKS AS AUTHORIZED UNDER OCCUPATIONS CODE SECTION 2154.003A.

A PERSON COMMITS AN OFFENSE IF THE PERSON KNOWINGLY OR INTENTIONALLY VIOLATES A PROHIBITION ESTABLISHED BY THIS ORDER.

AN OFFENSE UNDER THIS ORDER IS A CLASS C MISDEMEANOR,

[00:05:04]

AND THIS ORDER EXPIRES ON THE DATE OF THE TEXAS FOREST SERVICE DETERMINE DROUGHT CONDITIONS NO LONGER EXIST IN THE COUNTY OR MIDNIGHT JANUARY 1ST, WHICHEVER IS EARLIER.

ORDERED THIS 12TH DAY OF DECEMBER 2023.

[NOISE] COMMISSIONERS, WE HAVE A MOTION TO APPROVE ORDER 022024.

>> SO MOVED.

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

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE. [OVERLAPPING]

>> AYE.

>> OPPOSED HEARING NONE. MOTION CARRIES.

>> THANK YOU.

>> THANK YOU. ITEM H3,

[H.3 To consider Resolution 08-2024, reappointing Commissioner B.J. Westmoreland as the Capitol Area Council of Governments' Clean Air Coalition representative for a period of two years.]

TO CONSIDER RESOLUTION 082024, REAPPOINTING COMMISSIONER B.J.

WESTMORELAND AS CAPITOL AREA COUNCIL OF GOVERNMENTS CLEAN AIR COALITION REPRESENTATIVE FOR A PERIOD OF TWO YEARS.

COMMISSIONER, ARE YOU INTERESTED STILL? [LAUGHTER]

>> I WILL SERVE IF IT'S THE PLEASURE OF THE COURT.

>> OKAY. COMMISSIONERS, LOOK FOR A MOTION TO CONSIDER RESOLUTION 082024, AND I'LL GO AHEAD AND READ IT FIRST.

RESOLUTION 082024, RESOLUTION APPOINTING COMMISSIONER B.J.

WESTMORELAND TO THE CAPCOD CLEAN AIR COALITION, WHEREAS CENTRAL TEXAS CLEAN AIR COALITION AS VOLUNTARY UNINCORPORATED ASSOCIATION, WHOSE PURPOSE IS TO FURTHER REGIONAL EFFORTS TOWARDS AIR QUALITY IMPROVEMENT FOR THE COUNTIES OF BASTROP, CALDWELL, HAYES, TRAVIS, AND WILLIAMSON.

WHEREAS, ARTICLE 2 OF THE CLEAN AIR COALITION OF THE CAPITOL AREA COUNCIL OF GOVERNMENTS, BY LAW, AUTHORIZES THE COMMISSIONERS COURT OF CALDWELL COUNTY, TEXAS TO APPOINT ONE REPRESENTATIVE TO SERVE ON THE COALITION.

AND WHEREAS, THE TERM OF THE CURRENT REPRESENTATIVE FROM CALDWELL COUNTY, COMMISSIONER B.J. WESTMORELAND HAS EXPIRED.

NOW THEREFORE, BE IT RESOLVED BY CALDWELL COUNTY COMMISSIONERS COURT THAT COMMISSIONER B.J.

WESTMORELAND IS REAPPOINTED TO SERVE AS THE COUNTIES REPRESENTATIVE TO THE COALITION RESOLVE THIS 12TH DAY OF DECEMBER 2023.

COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE RESOLUTION 082024.

>> SO MOVED.

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

>> I'LL SECOND. [LAUGHTER]

>> THAT'S SECOND. ANY DISCUSSION? IF NOT, ALL IN FAVOR SAY AYE. [OVERLAPPING]

>> AYE.

>> OPPOSED HEARING NONE. MOTION CARRIES.

ITEM H4.

[H.4 To reappoint Mr. Jerry Doyle, Mr. Coralon Busch, and Mr. Greg Pope, for a two-year term to the Caldwell County ESD#4 Board of Directors.]

DISCUSSION, ACTION TO REAPPOINT JERRY DOYLE, MR. CORALON BUSCH, AND MR. GREG POPE FOR A TWO-YEAR TERM IN THE CALDWELL COUNTY ESD 4 BOARD OF DIRECTORS. COMMISSIONERS.

DO WE HAVE A MOTION TO APPROVE THESE GENTLEMEN TO THE BOARD OF ESD?

>> I SO MOVE.

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

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ANY DISCUSSION? NOW, ALL IN FAVOR SAY AYE.

>> AYE.

>> AYE.

>> AYE.

>> OPPOSED? HEARING NONE, MOTION CARRIES.

ITEM H5, DISCUSSION ACTS TO APPROVE RESOLUTION 092024,

[H.5 To approve Resolution 09-2024, establishing the Caldwell County Sexual Assault Response Team and appointing statutorily-required members.]

ESTABLISHING THE CALDWELL COUNTY SEXUAL ASSAULT RESPONSE TEAM AND APPOINTING STATUTORILY REQUIRED MEMBERS.

COMMISSIONERS, THIS IS SOMETHING THAT THE DA'S OFFICE IS WANTING TO SET UP.

THERE ARE MEMBERS THAT ARE STATUTORILY REQUIRED TO BE ASSIGNED TO THIS.

THOSE MEMBERS ARE IN THE RESOLUTION, WHICH I'LL READ SHORTLY, AND WE HAVE SOMEONE HERE TO SPEAK ABOUT THAT SO I'M GOING TO ASK HER TO COME ON UP.

>> GOOD MORNING. THANK YOU, JUDGE, AND THANK YOU, COMMISSIONERS.

OUR SEXUAL ASSAULT RESPONSE TEAM, ONE THING I WANT TO NOTE BEFORE I TELL YOU A LITTLE BIT MORE ABOUT IT, IS THAT WE HAVE ACTUALLY HAD A TEAM THAT WAS COMBINED WITH HAYS COUNTY FOR MANY YEARS.

THESE PARTNERS, WE HAVE BEEN WORKING TOGETHER TO BUILD A CONNECTION HERE IN THIS COMMUNITY TO ENSURE THAT SURVIVORS ARE BEING SERVED ALWAYS.

LAST YEAR, THIS PAST LEGISLATIVE SESSION, WE ARE NOW REQUIRED TO HAVE SEXUAL ASSAULT RESPONSE TEAMS THAT ARE OVERSEEN BY COMMISSIONERS COURT.

WITH THAT SENATE BILL WE DID DECIDE TO SEPARATE THE TEAM SO NOW WE HAVE ONE THAT'S EXCLUSIVE FOR CALDWELL COUNTY, SEPARATE FROM HAYS COUNTY AS WELL.

ALL THE PARTNERS THAT YOU HAVE LISTED IN YOUR REPORT HAVE ALREADY BEEN WORKING ON TASK FORCE AND THEY ACTUALLY ALL CONTRIBUTED TO THE CREATION OF OUR PROTOCOLS THAT WE ARE NOW UTILIZING.

THIS IS FORMALIZING THE PROCESS AND THEN ALLOWING US TO HAVE AN OPPORTUNITY TO SHARE WITH YOU ANY INFORMATION EVERY YEAR AS WE COLLECT NEW DATA.

>> THANK YOU VERY MUCH.

>> SURE. THANK YOU.

>> I'M GOING TO AHEAD AND READ THE RESOLUTION, RESOLUTION 092024.

JACE IS HERE, I DIDN'T EVEN SEE HIM.

I'VE BEEN READING ALL THESE, STEALING HIS THUNDER.

[LAUGHTER] RESOLUTION 092024, RESOLUTION ESTABLISHING CALDWELL COUNTY SEXUAL ASSAULT RESPONSE TEAM.

>> I CAN TAKE A JUDGE IF YOU WANT.

>> GO AHEAD, PLEASE.

[00:10:01]

>> WHEREAS SECTION 351.252, TEXAS LOCAL GOVERNMENT CODE REQUIRES A COMMISSIONERS COURT TO ESTABLISH AN ADULT SEXUAL ASSAULT RESPONSE TEAM, SART, CONSISTING OF MULTI-DISCIPLINARY MEMBERS THAT PROVIDE SERVICES TO ADULT SURVIVORS OF STRANGER AND NON-STRANGER SEXUAL ASSAULT.

WHEREAS CALDWELL COUNTY HAS HISTORICALLY PARTNERED WITH HAYS COUNTY TO FORM A MULTI-COUNTY RESPONSE TEAM.

WHEREAS CALDWELL COUNTY NOW SEEKS TO ESTABLISH ITS OWN SART TO BETTER PROVIDE IMMEDIATE, COMPREHENSIVE, AND EQUITABLE SUPPORT TO ALL SURVIVORS OF SEXUAL ASSAULT WITHIN CALDWELL COUNTY.

WHEREAS THE CALDWELL COUNTY COMMISSIONERS COURT MUST ALSO APPOINT MEMBERS OF SAID CALDWELL COUNTY SEXUAL ASSAULT RESPONSE TEAM.

NOW, THEREFORE, BE IT RESOLVED BY THE CALDWELL COUNTY COMMISSIONERS COURT THAT ONE, CALDWELL COUNTY WITHDRAWS FROM ITS MULTI-COUNTY SART PARTNERSHIP WITH HAYS COUNTY EFFECTIVE IMMEDIATELY.

TWO, THE CALDWELL COUNTY SEXUAL ASSAULT RESPONSE TEAM, CCSART, IS HEREBY ESTABLISHED EFFECTIVE IMMEDIATELY, AND THREE, THE FOLLOWING MEMBERS ARE APPOINTED TO THE CALDWELL COUNTY SART.

A, MELISSA RODRIGUEZ OR HER DESIGNEE IN HER CAPACITY AS THE CHIEF EXECUTIVE OFFICER OF THE HAYS-CALDWELL WOMEN'S CENTER, A SEXUAL ASSAULT PROGRAM TO PROVIDE SERVICES FOR CALDWELL COUNTY.

B, CASSANDRA BENOIST, IN HER CAPACITY AS AN ASSISTANT CRIMINAL DISTRICT ATTORNEY FOR CALDWELL COUNTY AND PROSECUTOR WITH JURISDICTION IN CALDWELL COUNTY OVER CASES INVOLVING SEXUAL ASSAULT COMMITTED AGAINST ADULTS.

C, GARY WILLIAMSON OR HIS DESIGNEE, IN HIS CAPACITY AS THE CHIEF OF POLICE OF THE LOCKHART POLICE DEPARTMENT, THE MUNICIPAL POLICE DEPARTMENT WITH THE LARGEST POPULATION IN CALDWELL COUNTY.

D, MIKE LANE OR HIS DESIGNEE IN HIS CAPACITY AS THE CALDWELL COUNTY SHERIFF.

E, NOELLA HILL OR HER DESIGNEE, IN HER CAPACITY AS A SEXUAL ASSAULT NURSE EXAMINER FROM A FACILITY THAT CONDUCTS SEXUAL ASSAULT FORENSICS EXAMS FOR CALDWELL COUNTY.

F, ASHLEY RIOS OR HER DESIGNEE, IN HER CAPACITY AS THE DIRECTOR OF ROXANNE'S HOUSE PROGRAM, A BEHAVIORAL HEALTH PROVIDER WITHIN THE COUNTY.

FOUR, IN THE EVENT THAT A VACANCY OCCURS ON THE CCSART, SAID VACANCY WILL BE FILLED BY THE EXISTING MEMBER'S SUCCESSOR IN OFFICE UNTIL SUCH TIME AS THIS COURT EXERCISES ITS APPOINTMENT AUTHORITY.

RESOLVE THIS 12TH DAY OF DECEMBER 2023.

>> THANK YOU. COMMISSIONERS, IF THERE ARE NO QUESTIONS, DO WE HAVE A MOTION TO APPROVE RESOLUTION 092024?

>> SO MOVED.

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

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE.

>> AYE.

>> AYE.

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

>> THANK YOU.

>> ITEM H6,

[H.6 To approve enrollment in the Texas Association of Counties Cybersecurity Course at a cost of $5.00 per employee.]

TO APPROVE ENROLLMENT IN THE TEXAS ASSOCIATION OF COUNTIES CYBERSECURITY COURSE AT A COST OF $5 PER EMPLOYEE. ESSIE.

>> I KIND OF SPOKE ABOUT THIS A LITTLE BIT WHILE AGO DURING THE COMMENTS.

WE DO HAVE TO HAVE COMMISSIONERS COURT APPROVAL TO ENROLL IN THE CYBERSECURITY FROM TAC AND THAT IT'S GOING TO COST APPROXIMATELY 1,040.

IT'S JUST $5 PER EMPLOYEE OR PER PERSON THAT'S TAKING IT.

WE JUST NEED TO GET EVERYBODY'S NAME, LIKE I SAID, FROM EACH DEPARTMENT THAT'S GOING TO BE REQUIRED TO TAKE IT.

IF THEY ARE DOING 25% OF THEIR WORK ON A COUNTY COMPUTER, THEY HAVE TO TAKE THE CYBERSECURITY COURSE.

>> COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE ENROLLMENT IN THE TEXAS ASSOCIATION OF COUNTIES CYBERSECURITY COURSE AT A COST OF $5 PER EMPLOYEE?

>> SO MOVED;

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

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ANY DISCUSSION? NOT ALL IN FAVOR SAY AYE.

>> AYE.

>> AYE.

>> AYE.

>> OPPOSED? HEARING NONE, MOTION CARRIES.

[NOISE] ITEM H7,

[H.7 To approve Blanket PO #02844 in the amount of $734,764.90 for Caldwell County Appraisal District quarterly payments.]

DISCUSSION ACTION TO APPROVE BLANKET PO NUMBER 02844 IN THE AMOUNT OF $734,764.90 FOR CALDWELL COUNTY APPRAISAL DISTRICT QUARTERLY PAYMENTS. CAROLYN.

>> EVERY YEAR WE HAVE TO APPROVE A BLANKET PO FOR THE CALDWELL COUNTY APPRAISAL DISTRICT.

WE DO PAY THEM QUARTERLY PAYMENTS SO WE JUST WANT TO GO AHEAD AND GET THIS APPROVED FOR THIS YEAR.

>> COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE BLANKET PO NUMBER 02844?

>> SO MOVE.

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

>> SECOND.

>> MOTION AND A SECOND.

ANY DISCUSSION? NOT ALL IN FAVOR SAY AYE.

>>AYE.

>> AYE.

>> AYE.

>> OPPOSED? HEARING NONE, MOTION CARRIES.

[NOISE] ITEM H8, DISCUSSION ACTION TO APPROVE IT PURCHASING EMPLOYEE SETUP FORM. CAROLYN.

[H.8 To approve IT/Purchasing Employee Setup Form.]

>> CURRENTLY, WITH OUR MANAGED SERVICE PROVIDER, BLUE LAYER, WE DON'T REALLY HAVE ANY KIND OF PROCEDURE ON HOW TO SET UP NEW HIRES OR DEPARTMENT TRANSFERS OR TERMINATIONS.

I'VE BEEN WORKING WITH BLUE LAYER TO COME UP WITH A FORM THAT JUST MAKES IT A LITTLE EASIER FOR THEM.

IT'LL JUST HAVE THE EMPLOYEE NAME, DEPARTMENT, WHAT SETUPS THEY'RE GOING TO BE NEEDING ESPECIALLY IF THEY ARE GOING TO BE WORKING ON A COMPUTER.

>> OKAY.

COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE IT PURCHASING EMPLOYEE SETUP FOR THEM?

[00:15:06]

>> SO MOVED.

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

>> SECOND.

>> MOTION AND A SECOND. ANY DISCUSSION? IF NOT, ALL IN FAVOR SAY AYE.

>> AYE. [OVERLAPPING]

>> OPPOSED, HEARING NONE. MOTION CARRIES.

ITEM H9, TO APPROVE A PROFESSIONAL SERVICE CONTRACT BETWEEN THE COUNTY AND

[H.9 To approve a professional services contract between the County and Doucet & Associates, Inc., for the provision of subdivision engineering services.]

DOUCET & ASSOCIATES FOR THE PROVISION OF SUB-DIVISION ENGINEERING SERVICES.

>> I ABSTAIN.

>> RECUSE.

>> JUST WHILE WE'RE WAITING FOR COMMISSIONER THERIOT TO STEP OUT, THERE IS ONE CORRECTION TO BE MADE TO THE BACKUP AND WE WILL GET THAT TO-DO SET FOR THAT CORRECTION ALSO.

THERE IS A TYPO ON THE COMPENSATION ON PAGE 2 OF THE CONTRACT, THE LAST LINE.

IT SAYS THAT THE TOTAL FEE NOT TO EXCEED $200,000, BUT THE NUMBER IS $400,000.

THE NUMBER SHOULD BE 400, SO WE'LL GET THAT TEXT CORRECTED.

ANY MOTION, WE'D ASK THAT IT BE MADE WITH THE CORRECTION INCLUDED.

>> COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE PROFESSIONAL SERVICES CONTRACT BETWEEN THE COUNTY AND DOUCET & ASSOCIATES WITH THE CORRECTION ON PAGE 2 FROM 200,000-400,000 FOR COMPENSATION?

>> I MOVE TO APPROVE.

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

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE. [OVERLAPPING]

>> OPPOSED, HEARING NONE. MOTION CARRIES. ITEM H10.

[H.10 To approve the Preliminary Plat for Spanish Oak Acres consisting of 11 residential lots on approximately 20.03 acres.]

I CAN SEE HIM COMING.

[LAUGHTER] ITEM H10, TO APPROVE THE PRELIMINARY PLAT FOR SPANISH OAK ACRES CONSISTING OF 11 RESIDENTIAL LOTS ON APPROXIMATELY 20.03 ACRES. CASEY.

>> GOOD MORNING. EXCUSE ME.

THIS ONE WAS ACTUALLY IN REVIEW BY CUATRO CONSULTANTS BECAUSE THIS ONE HAD A CONFLICT OF INTERESTS WITH DOUCET, SO THEY ACTUALLY REVIEWED THIS.

IF YOU'LL SEE THAT CHRIS ELIZONDO HAS PROVIDED A LETTER STATING THAT IT IS READY FOR RECOMMENDATION OF APPROVAL, AND I'VE INCLUDED IN THE BACKUPS EVERYTHING.

ALL FEES ARE COLLECTED.

EVERYTHING IS ADDRESSED AT THIS POINT AND WE'RE JUST LOOKING FOR APPROVAL FOR THE PRELIMINARY PLAT.

>> COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE THE PRELIMINARY PLAT FOR SPANISH OAK ACRES CONSISTING OF 11 RESIDENTIAL LOTS ON APPROXIMATELY 20.03 ACRES?

>> SO MOVED, JUDGE.

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

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> AYE. [OVERLAPPING]

>> JUDGE, I ABSTAIN ON THIS ONE

>> YOU'RE ABSTAINING. WE HAVE FOUR AYES AND ONE ABSTENTION ON H10.

MOTION PASSES.

ITEM H11.

[H.11 To approve the Preliminary Plat for Deer Creek Subdivision consisting of 14 residential lots on approximately 39.46 acres.]

DISCUSSION ACTION TO APPROVE THE PRELIMINARY PLAT FOR DEER CREEK SUBDIVISION CONSISTING OF 14 RESIDENTIAL LOTS ON APPROXIMATELY 39.46 ACRES.

>> THIS IS JUST A SIMPLE PRELIMINARY PLAT, ALL ROAD FRONTAGE.

TRACY BRATTON ACTUALLY REVIEWED THIS ONE AND HE'S RECOMMENDING APPROVAL TO BE ABLE TO MOVE THE FINAL PLAT.

ALL FEES HAVE BEEN COLLECTED AND WE'RE JUST READY TO MOVE FORWARD.

>> COMMISSIONERS, IS THERE A MOTION TO APPROVE THE PRELIMINARY PLAT FOR DEER CREEK SUBDIVISION CONSISTING OF 14 RESIDENTIAL LOTS ON APPROXIMATELY 39.46 ACRES?

>> I MAKE THE MOTION TO APPROVE.

>> WE HAVE A MOTION TO APPROVE.

DO WE HAVE A SECOND?

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

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

>> AYE. [OVERLAPPING]

>> OPPOSED, HEARING NONE. MOTION CARRIES.

WE'RE GOING TO SKIP ITEM 12 BECAUSE WE HAVE A PUBLIC HEARING ON THAT AT 9:30 AND GO TO H13.

[H.13 To approve an Order authorizing the filing of a Final Plat (Short Form Procedure) for Cooper Acres located off FM 2001.]

DISCUSSION ACTION TO APPROVE AN ORDER AUTHORIZING THE FILING OF THE FINAL PLAT SHORT FORM PROCEDURE FOR COOPER ACRES LOCATED ON FM 2001.

>> THIS IS JUST A SIMPLE TWO-LOT SHORT FORM PLAT.

IT'S BEEN REVIEWED, READY FOR APPROVAL.

MR. COOPER HAS PAID ALL THE FEES AND MET ALL OF THE CONCERNS.

WE'D LIKE TO MOVE FORWARD.

>> COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE ORDER AUTHORIZING FINAL PLAT SHORT FORM PROCEDURE FOR COOPER ACRES LOCATED ON FM 2001?

>> SO MOVED.

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

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

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

>> AYE. [OVERLAPPING]

>> OPPOSED, HEARING NONE. MOTION CARRIES.

ITEM H4.

[H.14 To approve an Order authorizing the Final Plat (Short Form Procedure) for Plum Creek Acres located on Old Colony Line Road.]

DISCUSSION ACTION TO APPROVE AN ORDER AUTHORIZING THE FINAL PLAT SHORT FORM PROCEDURE FOR PLUM CREEK ACRES LOCATED ON OLD COLONY LINE ROAD. CASEY.

>> SAME THING. THIS WAS REVIEWED BY DOUCET.

ALL THE CONDITIONS HAVE BEEN MET,

[00:20:01]

ALL FEES HAVE BEEN COLLECTED, AND WE'RE LOOKING FOR APPROVAL.

>> COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE AUTHORIZING FINAL PLAT SHORT FORM PROCEDURE FOR PLUM CREEK ACRES LOCATED ON OLD COLONY LINE ROAD?

>> SO MOVED.

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

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

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

>> AYE. [OVERLAPPING]

>> OPPOSED, HEARING NONE.

MOTION CARRIES. ITEM H15.

[H.15 To approve a variance request to subdivide 8.167 acres in 2 tracts located on Spotted Horse Trail.]

DISCUSSION ACTION TO APPROVE A VARIANCE REQUEST TO SUBDIVIDE 8.16 ACRES IN TWO TRACKS LOCATED ON SPOTTED HORSE TRAIL.

>> I'M GOING TO TRY AND MAKE THIS AS SHORT AND SWEET AS POSSIBLE.

IF YOU'LL LOOK IN YOUR ATTACHMENT, YOU'LL SEE THAT WHERE THERE WAS A SURVEY DONE BY A SURVEYING COMPANY OUT OF BASTROP TO WHERE IT'S TRACK 1 AND 2, WHERE THEY'VE ALREADY SPLIT IT INTO THE 4.078 ACRES.

THIS WAS DONE BACK IN MAY.

THE PERSON WHO ACTUALLY BOUGHT TRACK NUMBER 2 CAME INTO MY OFFICE ABOUT FOUR MONTHS AGO AND WAS TRYING TO GET ALL OF THE CORRECT PERMITS TO BE ABLE TO MOVE OUT TO THE PROPERTY.

WE REALIZED IT WAS AN ILLEGAL SPLIT, SO WE TALKED TO THEM, LET THEM KNOW TO GO BACK TO WHOEVER SOLD THE PROPERTY TO THEM TO CONTACT ME TO GET THIS CORRECTED.

THE PEOPLE DID CONTACT ME RIGHT AWAY.

THEY STATED THAT THEY WENT TO THE SURVEYING COMPANY AND THE SURVEY COMPANY LET THEM KNOW THAT THEY WOULD DO THE SURVEY FOR THEM.

BUT WHEN THEY GOT THE SURVEY BACK, THEY ASSUMED THAT WAS ALL THAT WAS DONE BECAUSE THEY WEREN'T INFORMED OF WHAT OUR RULES WERE.

WHAT HAD HAPPENED WAS THEY ACTUALLY SPLIT IT ALREADY.

THEY'VE SOLD OFF TRACK 2 ALREADY.

WELL, WE HAD A PRE-MEETING WITH THEM AND WHAT IT IS IS SPOTTED HORSE TRAIL IS A DEAD-END ROAD.

IF YOU HAVE MORE THAN 30 ENTRIES OFF OF A DEAD-END ROAD, IT VIOLATES OUR ORDINANCE, ANYTHING OVER THAT.

THEY WOULD NEED A VARIANCE TO ALLOW THE SPLIT TO BECOME LEGAL AND GET THE VARIANCE APPROVED, THEN THEY'LL HAVE TO GO BACK AND DO A SHORT-FORM PLAT TO CORRECT IT.

AT THIS POINT, WE'RE JUST LOOKING FOR APPROVAL FOR A VARIANCE SO WE CAN ACTUALLY GET THE SHORT FORM PLAT DONE.

HERE WE ARE. JUST LOOKING FOR A RECOMMENDATION FROM THE COURT AS TO WHETHER THEY'RE WILLING TO APPROVE IT.

WE HAVE DONE ONE OTHER ONE ON SPOTTED HORSE TRAIL.

SAME SCENARIO.

WE ARE REQUESTING THAT ON THIS PLAT THAT THERE WOULD BE ONE HOME ONLY ON EACH OF THE TRACKS, NO FUTURE DEVELOPMENT WOULD BE ALLOWED, NO MORE THAN ONE HOME WOULD BE ALLOWED.

THEY ARE FINE WITH THAT AND THEY'VE JUST ASKED ME TO BRING THIS FORWARD TO THE COURT FOR LOOKING FOR APPROVAL FOR THE VARIANCE.

>> COMMISSIONERS.

COMMISSIONER THOMAS, HOW ARE YOU FEELING ABOUT THIS?

>> YES. I SPOKE WITH CASEY AND I APPROVE IT.

>> OKAY. HERE'S THE MOTION TO APPROVE.

>> MOTION TO APPROVE.

>> WE HAVE A MOTION TO APPROVE FROM COMMISSIONER THOMAS. DO WE HAVE A SECOND?

>> SECOND.

>> FOR MOTION AND A SECOND. ANY DISCUSSION?

>> I DO HAVE ONE QUESTION.

SHOULD THE MOTION INCLUDE THE STIPULATIONS THAT WERE LISTED TO BE RECORDED ON THE PLAN? I WOULD ASK IF, POSSIBLY, COMMISSIONER THOMAS, FOR YOU TO AMEND YOUR MOTION TO INCLUDE THAT THOSE ARE SPECIFICALLY READ INTO WHAT WE'RE APPROVING, WHAT THE VARIANCE.

>> IS THAT ONLY ONE LOT? [OVERLAPPING]

>> FOR NO FUTURE DEVELOPMENT AND ONLY ONE HOUSE PER TRACK.

>> SO MOVED.

>> OKAY.

>> OKAY.

>> SO WE HAVE A MOTION TO APPROVE WITH NO FUTURE DEVELOPMENT, ONE HOUSE PER TRACK.

COMMISSIONERS, WE HAVE AN AMENDMENT.

DO WE HAVE A SECOND?

>> I'LL SECOND THAT.

>> WE HAVE A MOTION AND A SECOND.

ANYMORE DISCUSSION? IF NOT, ALL IN FAVOR SAY AYE.

>> AYE.

>> OPPOSED HEARING NONE. MOTION CARRIES. ITEM H16.

[H.16 To consider Sagada Dos, LLC compliance with a bond requirement for the maintenance of a concrete road in the Sagada Dos Subdivision, Phase II, located at Homan Road and Homannville Trail.]

>> OKAY, THANK YOU.

>> DISCUSSION, ACTION, IT CONSIDERS [INAUDIBLE] LLC COMPLIANCE WITH BOND REQUIREMENTS FOR THE MAINTENANCE OF A CONCRETE ROAD AND THE [INAUDIBLE] SUBDIVISION PHASE II LOCATED AT HOHMAN ROAD AND HOHMAN BILL TRAIL.

>> COMMISSIONER [INAUDIBLE], SOME TIME AGO, WE APPROVED A PRELIMINARY PLAT FOR THIS SUBDIVISION, AND IT'S IN AN AREA THAT COULDN'T ACHIEVE DRAINAGE.

IT'S JUST TABLETOP FLAT.

AS A RESULT OF THAT, A STANDARD COUNTY ROAD WOULD NOT FUNCTION VERY WELL.

DITCHES WOULDN'T FUNCTION, AND IT WOULD PROBABLY BE DAMAGED TO THE ROAD.

THERE WAS DISCUSSION ABOUT MAKING IT A PRIVATE ROAD.

WE DIDN'T WANT TO GET INTO THAT SITUATION AGAIN WITH ALL THE ISSUES WE HAVE WITH PRIVATE ROADS.

IT WAS DETERMINED THAT A CONCRETE PUBLIC ROAD WOULD BE A BETTER OPTION FOR THE PROPERTY.

[00:25:07]

WE WERE NOT SET UP TO MAINTAIN CONCRETE ROADS.

OUR UNIT ROAD GUYS AREN'T OUR DEPARTMENT.

A CONDITION WAS PLACED ON THE PRELIMINARY PLAT THAT THE APPLICANT OR THE OWNER PUT UP A $100,000, 10-YEAR MAINTENANCE BOND FOR THAT FUTURE MAINTENANCE.

THEY'VE HAD TROUBLE COMING UP WITH A 10-YEAR MAINTENANCE BOND.

THEY HAVE PUT UP, AS I UNDERSTAND IT, A CASHIER'S CHECK, CASEY?

>> YES, SIR. IT WAS PROVIDED YESTERDAY, THE $100,000, AND THE FINAL WILL BE ON THE NEXT AGENDA.

>> DID THAT MAKE IT TO DANNY, NOT YET?

>> THE CHECK IS BEING DELIVERED TODAY.

I'VE GOT A PICTURE PROOF OF IT, BUT HE WANTS TO FIND OUT, AND I DON'T KNOW WHO I NEED TO GO TO BECAUSE HE WANTS A RELEASE OF A FINANCIAL RESPONSIBILITY ONCE HE SUBMITS THE $100,000 CHECK, AND HE WANTS TO KNOW IF SOMEONE WOULD BE ABLE TO PROVIDE THAT TO HIM SO HE CAN BRING THAT IN.

>> YEAH.

>> OKAY. I WAS GOING TO TALK TO YOU AFTER COURT ABOUT IT.

>> WE WANT TO WAIT UNTIL WE ACTUALLY GET THE CHECK?

>> MAYBE SO.

>> I THINK SO.

>> YES. BECAUSE IT WILL ACTUALLY BE ON THE NEXT AGENDA FOR APPROVAL OF THE PLAT AND ACCEPTING OF THE FEES.

>> WANT TO TAKE IT AWAY?

>> YEAH. MAKE A MOTION TO TABLE UNTIL WE RECEIVE THE CHECK.

>> OKAY. WE HAVE MOTION TO TABLE ITEM H16 UNTIL PAYMENT IS MADE. DO WE HAVE A SECOND?

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

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

>> [OVERLAPPING] AYE.

>> OPPOSED HEARING NONE. MOTION CARRIES.

WE'RE GOING TO GO AHEAD AND TAKE A REALLY BRIEF RECESS FOR THREE MINUTES.

I DON'T THINK WE CAN GET OUR EXECUTIVE SESSIONS DONE IN THREE MINUTES, SO WE'RE GOING TO RECESS AND DO THE PUBLIC HEARING WHEN WE COME BACK.

WE'RE GOING TO GO AHEAD AND CALL COURT BACK TO ORDER AT 9:30 AND ENTER INTO PUBLIC HEARING REGARDING REPLAT OF

[G.1 Replat of Billy and Billie Subdivision, Lot #2 located on State Park Road]

BILLY AND BILLY SUBDIVISION LOT TWO LOCATED ON STATE PARK ROAD.

I'LL LEAVE THIS OPEN FOR A COUPLE OF MINUTES IF SOMEBODY WANTS TO COME UP.

SEEING NOBODY WISHING TO SPEAK ON PUBLIC HEARING REGARDING THE REPLAT OF BILLY AND BILLY SUBDIVISION LOT TWO, WE'RE GOING TO CLOSE THE PUBLIC HEARING AND MOVE TO ITEM H12.

[H.12 To approve a Replat of Billy and Billie Subdivision, Lot #2 located on State Park Road.]

DISCUSSION, ACTION TO APPROVE REPLAT OF BILLY AND BILLY SUBDIVISION LOT TWO LOCATED ON STATE PARK ROAD, CASEY.

>> THIS IS JUST A SIMPLE FOUR-LINE SHORT-FORM PLAT.

ALL CONDITIONS HAVE BEEN ADDRESSED, FEES HAVE BEEN COLLECTED, AND WE'RE LOOKING FOR APPROVAL.

>> COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE REPLAT OF BILLY AND BILLY SUBDIVISION LOT TWO ON STATE PARK ROAD?

>> I'M SO MOVED.

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

>> SECOND.

>> MOTION AND A SECOND. ANY DISCUSSION? IF NOT, ALL IN FAVOR SAY AYE.

>> [OVERLAPPING] AYE.

>> OPPOSED HEARING NONE. MOTION CARRIES.

>> THANK YOU.

>> THANK YOU. WE'RE GOING TO ENTER EXECUTIVE SESSION AT 9:32.

[I. EXECUTIVE SESSION]

[00:30:01]

ITEM I1, PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.087, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECTS SNOW; POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

ITEM I2, PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.074, TO DELIBERATE THE APPOINTMENT OF POTENTIAL CANDIDATES FOR THE BOARD OF EMERGENCY SERVICES DIRECTORS FOR ESD 5; POSSIBLE ACTION MAY FOLLOW AN OPEN COURT.

WE'RE GOING TO GO AHEAD AND EXIT EXECUTIVE SESSION AT 11:09 A.M.

AND RESUME IT PURSUANT TO TEXAS GOVERNMENT CODE, SECTION 551.87, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECTS.

NO, POSSIBLE ACTION WILL NOT FOLLOW IN COURT TODAY.

AND, PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.07 TO DELIBERATE THE APPOINTMENT OF POTENTIAL CANDIDATES TO THE BOARD OF EMERGENCY SERVICES DIRECTORS, ESD 5, AND NO ACTION WILL FOLLOW IN COURT, WHICH TAKES US TO ADJOURNMENT. MOTION TO ADJOURN.

>> SO MOVED.

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

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

>> [OVERLAPPING] AYE.

>> WE'RE ADJOURNED AT 11:10.

[NOISE]

* This transcript was compiled from uncorrected Closed Captioning.