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>> GOOD MORNING, EVERYBODY. THANK YOU FOR COMING TO CALDWELL COUNTY COMMISSIONERS COURT.
WE'RE GOING TO CALL THE MEETING TO ORDER TUESDAY, APRIL 9TH, 2024 AT 9:00 AM.
COMMISSIONER THOMAS, WOULD YOU MIND LEADING US IN THE INVOCATION THIS MORNING? [INAUDIBLE]
[D. ANNOUNCEMENTS]
DO WE HAVE ANY ANNOUNCEMENTS THIS MORNING?>> THE ONLY ANNOUNCEMENT I HAVE FOR ANYBODY THAT'S STILL LOOKING TO ATTEND THE 50 LIONS FUNDRAISING FUNDRAISER EVENT FOR THE EDUCATION FOUNDATION FOR LASD.
I THINK THERE'S TICKETS STILL AVAILABLE AND THERE'S PLENTY OF PEOPLE AROUND TOWN YOU CAN GET THEM FROM. THAT'S ALL I HAVE.
>> HI. I CAME TO DEAL WITH THE MONTHLY CYBERSECURITY.
I JUST WANT TO LET YOU KNOW THAT AS THE LAST COUNT THAT I HAD, I HAD 99 EMPLOYEES THAT STILL HAD NOT TAKEN IT AND SINCE THEN, I'VE BEEN HOUNDING THEM, SENDING THE DEPARTMENT HEADS EMAILS.
SINCE THEN, ABOUT 20 SOMETHING PEOPLE HAVE COMPLETED IT SO YOU PLEASE FINISH IT AS SOON AS YOU CAN.
IF YOU HAVE ANY QUESTIONS, CAN'T LOG IN, CONTACT ME, STEPHANIE WILL GET YOU GOING. THANK YOU.
>> ALL RIGHT. THANK YOU. ANY OTHER STAFF ANNOUNCEMENTS? IF NOT, WE'LL MOVE TO CITIZENS COMMENTS.
[F. CONSENT AGENDA]
>> WE'LL GO TO CONSENT. COMMISSIONERS, IF THERE ARE NO QUESTIONS, I'D LIKE FOR A MOTION TO APPROVE CONSENT AGENDA.
>> WE HAVE A MOTION BY COMMISSIONER HORNE. A SECOND?
>> BY COMMISSIONER WESTMORELAND.
>> OPPOSED HERE NONE, MOTION CARRIES.
WE HAVE A SPECIAL PRESENTATION THIS MORNING.
[G.1 To present the 2023 Annual Pre-Trial Bond Program Report. ]
THEY'RE GOING TO BE PRESENTING THE 2023 ANNUAL PRETRIAL BOND PROGRAM REPORT.IF YOU'D LIKE TO COME ON UP, THE MICROPHONE IS YOURS.
>> GOOD MORNING, LADIES AND GENTLEMEN.
MY NAME IS ROMELIA ELIZONDO, I'M THE DEPUTY DIRECTOR OF THE CALDWELL COUNTY COMMUNITY SUPERVISION CORRECTIONS DEPARTMENT.
HERE WITH ME TODAY IS THE PRETRIAL BOND OFFICER MIRANDA KELLY.
MS. KELLY WORKS CLOSELY WITH DISTRICT COURT JUDGE SNYDER, COUNTY COURT AT LAW JUDGE HICKS, THE DISTRICT ATTORNEY'S OFFICE AND JAIL PERSONNEL, WORKS CLOSELY WITH THESE INDIVIDUALS, IDENTIFYING INDIVIDUALS INCARCERATED IN THE CALDWELL COUNTY JAIL AND IDENTIFYING THOSE THAT ARE AVAILABLE AND QUALIFIED TO BE RELEASED ON THE PRETRIAL BOND PROGRAM.
MS. KELLY HAS PREPARED HER PRESENTATION FOR YOU TODAY AND SO I WILL TURN IT OVER TO HER FOR THAT THIS MORNING. THANK YOU.
>> GOOD MORNING. AS MENTIONED, MY NAME IS MIRANDA KELLY.
I AM THE PRETRIAL BOND OFFICER FOR CALDWELL COUNTY.
I'M HERE TO PRESENT WITH YOU THE 2023 PRETRIAL BOND PRESENTATION.
WE HAVE TWO PRIMARY GOALS FOR PRETRIAL.
THE FIRST GOAL IS TO ALLEVIATE THE JAIL POPULATION AND THE SECOND GOAL IS TO ENSURE APPEARANCE IN COURT.
AS YOU SEE ON THIS SLIDE, THIS IS THE DATA FOR THE INMATES RELEASED IN 2023.
THERE WERE 321 TOTAL DEFENDANTS SUPERVISED THIS YEAR.
WE ADDED 206 NEW CASES, 36 DEFENDANTS WERE RELEASED BY THE JUDGES IN THE DISTRICT COURT AND COUNTY COURT, AND 170 DEFENDANTS WERE RELEASED THROUGH OFFICER INITIATED BONDS.
THIS GAVE US AN AVERAGE OF 14.16 DEFENDANTS RELEASED EACH MONTH.
THIS SLIDE REPRESENTS THE SAVINGS TO THE COUNTY.
THIS NUMBER IS 170 PRETRIAL OFFICER INITIATED BONDS, FOLLOWED BY THE AMOUNT OF DAYS AND $160 PER DAY THE JAIL SPENDS PER DEFENDANT.
THIS IS FOR A HEALTHY INDIVIDUAL.
IF THE DEFENDANT HAS ANY MEDICAL OR MENTAL HEALTH CONDITIONS, THAT NUMBER IS MUCH HIGHER.
THESE NUMBERS ARE THE AMOUNT OF MONEY THE COUNTY COLLECTED.
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THE FIRST FIGURE IS THE PRETRIAL BOND FEES.THE SECOND FIGURE IS THE SUPERVISION FEES, AND THE THIRD FIGURE IS THE PRETRIAL DRUG TESTING FEES.
THROUGHOUT PRETRIAL, THERE ARE SEVERAL CONDITIONS OF SUPERVISION, INCLUDING THE REQUIREMENT TO REPORT TO THE BOND OFFICER, RANDOM DRUG TESTING, TRAVEL RESTRICTIONS FEES, GPS AND IGNITION INTERLOCK MONITORING, AND NO CONTACT WITH THE VICTIM IN CERTAIN CASES.
THESE ARE THE FTA STATISTICS FOR FAILURE TO APPEAR IN COURT.
OUT OF THE 206 DEFENDANTS SUPERVISED THROUGHOUT THE CALENDAR YEAR OF 2023, 16 DEFENDANTS FAILED TO REPORT IN COURT.
THIS NUMBER IS SLIGHTLY HIGHER THAN IN 2022 BUT MORE DEFENDANTS MOVED THROUGH THE COURT SYSTEM DUE TO THE END OF THE PANDEMIC.
THIS STATISTIC REPRESENTS THE BOND VIOLATIONS FOR PRETRIAL.
AS YOU CAN SEE HERE, WE HAD 81.94% COMPLIANCE RATE AND 18.6 VIOLATIONS.
SO 58 DEFENDANTS VIOLATED THEIR TERMS OF BOND AND THE REMAINDER WERE COMPLIANT.
THESE ARE THE TYPES OF VIOLATIONS: FAILURE TO REPORT IN COURT, FAILURE TO APPEAR FOR SCHEDULED OFFICE VISITS, POSITIVE DRUG SPECIMENS SUBMITTED, AND NEW OFFENSES.
SOMETIMES THE JUDGE, WHEN PRESENTED A BOND VIOLATION, WOULD CHOOSE TO CONTINUE THE DEFENDANT ON BOND AND INCREASE URINE SPECIMENS OR INCREASE REPORTING TO ALLOW THEM TO REMAIN IN THE COMMUNITY.
BEFORE WE GO INTO QUESTIONS, I'D LIKE TO SAY THAT THE PRETRIAL BOND PROGRAM HAS BEEN EXTREMELY SUCCESSFUL.
WE HAVE ADDED MORE DEFENDANTS THAN ANY PREVIOUS YEARS.
SINCE THE BEGINNING OF THE PROGRAM, THE CALDWELL COUNTY JAIL HAS NEVER GONE OVER CAPACITY AND WE'VE NEVER HAD TO SEND DEFENDANTS TO OTHER COUNTIES AND HAD TO PAY TO HAVE THEM HOUSED THERE.
THESE DEFENDANTS ARE ABLE TO REMAIN IN THE COMMUNITY, BE WITH THEIR FAMILIES, AND KEEP THEIR HOUSES, TAKE CARE OF THEIR CHILDREN WHILE THEY GO THROUGH THE COURT PROCESS.
COMMISSIONERS, DO YOU ALL HAVE ANY QUESTIONS? IT DOESN'T SOUND LIKE IT. THANK YOU.
>> THANK YOU. HAVE A GOOD DAY.
[H.1 Regarding the burn ban]
>> ALL RIGHT. COMMISSIONERS, WE'RE GOING TO GO INTO DISCUSSION ACTION ITEMS. H1 REGARDING THE BURN BAN. HECTOR.
>> GOOD MORNING, JUDGE, COMMISSIONERS, STAFF OF GALLERY, WE HAD NOTHING MAJOR THE LAST PAST TWO WEEKS.
THE FORECAST FOR CALDWELL COUNTY FOR THE NEXT TWO WEEKS STARTING TODAY, WE GOT SOME PRETTY GOOD SIZE SEVERE STORMS HEADING OUR WAY WITH LARGE HAIL RAIN IS PREDICTED FOR TODAY AT 70%, 20% ON WEDNESDAY.
TILL MARCH THE 23RD, WE'VE GOT REALLY GOOD CHANCES OF RAIN RANGING FROM 50% TO 98% ON THE 23RD.
CURRENTLY, OUR KBDI NUMBERS, THE MINIMUM IS 161, MAX IS 285, WITH THE AVERAGE OF 233, WITH A CHANGE OF PLUS SEVEN.
I'LL RECOMMEND TO THE COURT THAT WE KEEP THE BURN BAN OFF ANOTHER TWO WEEKS SINCE IT'S NICE AND MOIST AND GREEN.
COMMISSIONERS, DO WE HAVE A MOTION TO KEEP THE BURN BAN OFF?
>> SO MOVE. WE HAVE A MOTION BY COMMISSIONER HORNE. SECOND?
>> SECOND BY COMMISSIONER THERIOT.
ANY DISCUSSION? NOT ALL IN FAVOR SAY AYE.
>> OPPOSED HEARING NONE. MOTION CARRIED.
[H.2 To accept or reject bid from Colorado Materials for RFB 24CCP01B Aggregate Grade 4 (3/8").]
TO ACCEPT OR REJECT BID FROM COLORADO MATERIALS FOR RFP24, CCP01B, AGGREGATE GRADE 438. CAROLYN?ON MARCH 12TH, THE PURCHASING DEPARTMENT DID GO OUT FOR A REBID ON OUR UNIT ROAD MATERIAL FOR THE AGGREGATE GRADE 4.
THE DEADLINE DATE WAS APRIL 2ND.
ON THAT DAY, WE DID HAVE ONE PERSON SUBMIT A BID, AND THAT WAS COLORADO MATERIALS.
AFTER REVIEWING IT, WE DID SEE THAT WHAT THEY DID IS IN LINE WITH PREVIOUS BIDS THAT WE'VE HAD FOR THIS MATERIAL.
SO I JUST WANTED TO BRING THIS BEFORE COMMISSIONERS COURT AND ASK THAT Y'ALL EITHER APPROVE GIVING THE AWARD TO COLORADO MATERIALS OR IF YOU WANT TO REJECT THE BID AND PUT THIS BACK OUT FOR BID AGAIN.
>> COMMISSIONERS, ANY THOUGHTS? GO AHEAD.
>> CAN YOU GIVE US AGAIN THE REASON THAT WE WENT OUT TO REBID?
>> YES. WE DID OUR UNIT ROAD BID FOR ALL MATERIALS BACK IN SEPTEMBER OF LAST YEAR.
THE WINNING VENDOR WAS VULCAN MATERIALS.
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FROM THE BEGINNING OF THEIR CONTRACT, WHICH STARTED OCTOBER 1 OF 23, OUR UNIT ROAD DEPARTMENT WAS JUST EXPERIENCING SEVERAL ISSUES REGARDING DELIVERY TIMES, QUANTITIES THAT WERE ORDERED VERSUS QUANTITIES THAT WERE DELIVERED.>> DO Y'ALL FEEL THAT THIS BID ADDRESSES THOSE CONCERNS?
WE WORKED WITH BOTH THE COUNTY JUDGE AND CHASE IN THE DISTRICT ATTORNEY'S OFFICE TO FILL IN ALL THE LOOPHOLES AND ALL THE GAPS THAT WE HAD WITH OUR PREVIOUS BID SPECIFICATIONS.
>> THE BIGGEST ISSUE WAS THEY WERE TAGGING ON I THINK IT WAS $16 A TON IS THAT RIGHT?
>> TO EVERY LOAD. FOR INSTANCE, JUST A REGULAR DUMP TRUCK IS GOING TO HOLD 12 TONS AND THAT WAS IN ADDITION TO WHAT THEY WERE CHARGING FOR THE AGGREGATE AND SO IT WAS RACKING UP ENORMOUS SURCHARGES BECAUSE IF THEY HAD TO GO ANYWHERE BUT OUR PIT, THEY WERE APPLYING THOSE FEES AND THE LENGTH OF TIME WAS, WHEN I SAY IT WAS TAKING A WHILE.
IT WAS TAKING THEM WEEKS TO DELIVER AND THEN THEY WEREN'T DELIVERING THE AMOUNT WE ORDERED, SO WE DECIDED TO PUT IT BACK OUT ON THE STREET.
WE FIRST TERMINATED OUR CONTRACT WITH VULCAN AND THEN PUT IT BACK OUT ON THE STREET COLORADO MATERIALS WAS THE ONLY BIDDER.
>> ANY OTHER QUESTIONS, COMMISSIONERS?
>> I WOULD LOOK FOR A MOTION TO APPROVE THIS UNLESS YOU GUYS WANT TO GO OUT BACK OUT FOR A BID.
>> WE HAVE A MOTION FOR APPROVAL FROM COMMISSIONER THERIOT. DO WE HAVE A SECOND?
>> SECOND BY COMMISSIONER THOMAS.
ANY OTHER DISCUSSION? NOT. ALL IN FAVOR SAY AYE.
>> OPPOSED? HEARING NONE. MOTION CARRIES.
THANKS. ITEM H3 TO APPROVE DOGGETT FREIGHT LINER PO 03003 IN THE AMOUNT OF
[H.3 To approve Doggett Freightliner PO #03003 in the amount of $156,779.00 for new Unit Road Freightliner Dump Truck.]
$156,799 FOR NEW UNIT ROAD FREIGHT LINER DUMP TRUCK.>> SO OUR UNIT ROAD DEPARTMENT IS WANTING TO PURCHASE A NEW DUMP TRUCK.
THEY DO HAVE THE MONEY AVAILABLE.
WE HAVE FOUND THE TRUCK AND SO WE JUST WANT TO GET THIS PURCHASE ORDER APPROVED SO THAT WE CAN GET THIS ORDERED AND GET IT DELIVERED.
>> COMMISSIONERS, ANY QUESTIONS? NOT LOOK FOR A MOTION FOR APPROVAL OF PO 03003.
>> A MOTION BY COMMISSIONER WESTMORELAND. SECOND?
ANY FURTHER DISCUSSION? NOT. ALL IN FAVOR SAY AYE.
>> OPPOSE? HEARING NONE, MOTION CARRIES.
[H.4 To consider public streets and drainage in Hartland Ranch Subdivision Phase 2 as complete and ready to begin the two-year performance period of said improvements as evidenced by a maintenance bond in the amount of $109,435.60 for maintenance security.]
ITEM H4 TO CONSIDER PUBLIC STREETS AND DRAINAGE AND HARTLAND RANCH SUBDIVISION PHASE 2 AS COMPLETE AND READY TO BEGIN THE TWO-YEAR PERFORMANCE PERIOD OF SAID IMPROVEMENTS AS EVIDENCED BY MAINTENANCE BOND IN THE AMOUNT OF $109,435.60 FOR MAINTENANCE SECURITY. DONALD?>> YEAH, THE PUNCH LIST OF EVERYTHING'S TAKEN CARE OF. IT LOOKS GOOD.
>> COMMISSIONERS HAVE MOTION TO APPROVE THAT DRAINAGE IN HARTLAND RANCH SUBDIVISION IS COMPLETE AND READY TO BEGIN THE PERFORMANCE BOND PERIOD.
>> A MOTION BY COMMISSIONER WESTMORELAND.
ANY DISCUSSION? NOT. ALL IN FAVOR SAY AYE.
>> OPPOSED? HEARING NONE, MOTION CARRIES.
[H.5 To approve a variance request for Leona Acres for the minimum frontage requirement on a state roadway (Appendix A-2D).]
ITEM H5, TO APPROVE A VARIANCE REQUEST FOR LEONA ACRES FOR THE MINIMUM FRONTAGE REQUIREMENT ON STATE ROADWAY APPENDIX A2D CASE.>> GOOD MORNING. YES. A VARIANCE WAS NEEDED BECAUSE THE FRONTAGE REQUIREMENT WAS A LITTLE BIT SHORT.
THIS IS A TEXTILE ROADWAY AND EVERYTHING HAS BEEN CLEARED WITH TEXTILE.
ACTUALLY, THE ROADWAY, THE DRIVEWAYS ARE ALL SHARED NOW AND THEY'VE ALREADY BEEN INSTALLED.
WE JUST NEED TO APPROVE IT BECAUSE IT DOESN'T MEET OUR STANDARD.
>> I WOULD ADD THAT THE HOMES THAT IT'S SERVICING ARE ALREADY EXISTING.
>> CORRECT. EVERYTHING THAT'S NEEDED TO BE THERE IS ALREADY CURRENTLY THERE.
IT'S REALLY JUST A VARIANCE TO THE FOOTAGE REQUIREMENTS.
>> COMMISSIONERS, WOULD YOU LIKE TO MAKE A MOTION?
>> I'LL MOVE TO APPROVE THE VARIANCE REQUESTS.
>> WE HAVE A MOTION TO APPROVE VARIANCE REQUESTS FOR LEONA ACRES.
>> COULD WE STATE THE REASONS WHY THIS IS UNIQUE?
>> WE NEED TO GET A SECOND FIRST BEFORE WE DO DISCUSSION.
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>> A SECOND BY COMMISSIONER HORNE.
>> GO AHEAD, COMMISSIONER THERIOT. I'M SORRY.
>> I WAS JUST GOING TO ASK WHY, IN ORDER TO GRANT A VARIANCE THERE HAS TO BE A UNIQUE CONDITION, AND I JUST WOULD LIKE THAT INCLUDED IN THE MOTION.
>> I'LL AMEND THE MOTION TO APPROVE THE VARIANCE REQUEST DUE TO THE EXISTING NATURE OF THE RESIDENCES AND THE DRIVEWAYS.
>> THANK YOU, COMMISSIONER. WE HAVE A MOTION BY COMMISSIONER WESTMORELAND.
IT'S BEEN AMENDED. DO WE HAVE A SECOND?
>> SECOND BY COMMISSIONER HORNE.
ANY FURTHER DISCUSSION? NOT. ALL IN FAVOR SAY AYE.
>> OPPOSED? HEARING NONE. MOTION CARRIES.
[H.6 To approve the Short Form Plat for Leona Acres consisting of four residential lots on approximately 10.581 acres located on FM 713.]
ITEM H6, TO APPROVE SHORT FORM PLATE FOR LEONA ACRES, CONSISTING OF FOUR RESIDENTIAL LOTS ON APPROXIMATELY 10.581 ACRES LOCATED ON FM713.>> WITH THE VARIANCE ACCEPTED, WE WANT TO MOVE FORTH WITH THE APPROVAL FOR THE SHORT FORM PLAT.
EVERYTHING HAS SUBMITTED, ALL COMMENTS HAVE BEEN CLEARED AND FEES HAVE BEEN COLLECTED, AND JUST NEEDING AN APPROVAL.
>> COMMISSIONERS, WE HAVE A MOTION TO APPROVE SOME OF THE MOTION BY COMMISSIONER WESTMORELAND, AND A SECOND?
ANY DISCUSSION? NOT. ALL IN FAVOR SAY AYE.
>> OPPOSED? HEARING NONE, MOTION CARRIES.
>> ITEM H7, TO APPROVE AN AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN
[H.7 To approve an amendment to 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.]
COUNTY AND RODGDT LOCKHART PROPCO LLC FOR GRIS MILL AT PRAIRIE LEA, AND APPROXIMATELY 346.047 ACRE SUBDIVISION LOCATED AT SH80 AND PLANT ROAD. GO AHEAD, TRACY.>> GOOD MORNING. I BELIEVE WE HAVE REPRESENTATIVES FROM THE DEVELOPER AND DEVELOPERS ENGINEER HERE AS WELL.
WE APPROVED THIS DEVELOPMENT AGREEMENT JUST A FEW MONTHS AGO.
IN THE PROCESS OF DEVELOPING THEIR TRAFFIC IMPACT ASSESSMENT WE'VE HAD NUMEROUS CONFERENCE CALLS WITH TEXT AND THE SEPARATION DISTANCE BETWEEN AN EXISTING ROAD THAT GOES TO THE PRAIRIE LEA SCHOOL AND THEIR NEW DRIVEWAY ON WERE 80.
CORRECT? GET MY PROJECT IS CONFUSING 80 OR 142? EIGHTY, AND PLANT ROAD BECAUSE OF THE PROXIMITY OF THOSE INTERSECTIONS IT WAS CREATING IN THE DISTANT FUTURE, SIGNALS THAT WERE CLOSER TOGETHER THAN TEXT WANTED.
SO NUMEROUS CONVERSATIONS, ONE OF THE THINGS WE LOOKED AT WAS TAKING PLANT ROAD DOWN AND BEGINNING TO CURVE IT THROUGH THE NEW ROAD THEY'RE GOING TO CONSTRUCT, SO THAT WHAT IT WILL DO IS ALLEVIATE TRAFFIC ON PLANT ROAD IMMEDIATELY NORTH OF 80.
SUBSTANTIALLY, IT ALSO FIXES A PROBLEM THAT WAS ON OUR THOROUGHFARE PLAN AND WIDENING OF PLANT ROAD IN THE FUTURE.
THEIR EXISTING HOMES RIGHT UP AGAINST EACH SIDE.
SO IN THE FAR DISTANT FUTURE, AND THAT NEED TO BE WIDENED, IT WAS GOING TO INVOLVE CONDEMNATION AND TAKING A PROPERTY TO DO IT.
THIS ALLOWS THAT REALIGNMENT TO GO THROUGH PROPERTY THEY'RE GOING TO DEDICATE WITH ADEQUATE RIGHT AWAY.
ALLEVIATES THE CONGESTION WITH THE PROXIMITY OF LIGHT SPACING ON 80 BECAUSE IT CHANGES THE CONNECTIVITY TO ADJOINING ROADWAYS.
I WANTED TO BRING THE CONCEPT PLAN BACK FOR AFFIRMATION BY THE COMMISSIONERS COURT TO AMEND THAT DEVELOPMENT AGREEMENT.
DEVELOPER, I DON'T KNOW IF YOU'RE WITH THE ENGINEER.
>> IF YOU HAVE ANYTHING YOU WANT TO ADD.
>> I DON'T REALLY HAVE ANYTHING TO ADD.
>> TRACY BASICALLY COVERED EVERYTHING, SO IF THERE'S ANY QUESTIONS?
>> COMMISSIONERS, Y'ALL HAVE ANY QUESTIONS YOU'D LIKE TO GET ASKED BEFORE WE PROCEED WITH THIS?
>> IN THAT CASE, I LOOK FOR A MOTION TO APPROVE AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN COUNTY AND RODGDT LOCKHART PROPCO LLC FOR GRIS MILL AT PRAIRIE LEA.
COMMISSIONERS, DO WE HAVE A MOTION?
>> YES, SIR. DO WE HAVE A SECOND?
>> MOTION BY COMMISSIONER HORNE.
SECOND BY COMMISSIONER THOMAS.
ANY DISCUSSION? NOT. ALL IN FAVOR SAY AYE.
>> OPPOSED? HEARING NONE, MOTION CARRIES.
[H.8 To approve a variance request for Shadow Acres for the minimum frontage requirement on a state roadway (Appendix A-2D).]
ITEM H8, TO APPROVE A VARIANCE REQUEST FOR SHADOW ACRES FOR A MINIMUM FRONTAGE REQUIREMENT ON A STATE ROADWAY APPENDIX A2D.>> THIS ONE IS FAIRLY SIMILAR TO THE PRIOR VARIANCE THAT WAS APPROVED, ALTHOUGH IT IS SLIGHTLY DIFFERENT.
THIS PROPERTY, IF I REMEMBER RIGHT, IT'S EIGHT OR NINE ACRES, ALMOST NINE ACRES.
IS IT SHADOW ACRES? IT'S AN OLD EASE.
HE'S WANTING TO CARVE OFF ONE ACRE FROM IT.
THE EXISTING TRACT DOESN'T HAVE THE FRONTAGE.
OUR ORDINANCE WOULD CALL ON A STATE HIGHWAY.
THIS NEW TRACT WILL TAKE ACCESS OFF A SHADOW ACRES.
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HE'S WANTING TO CARVE OFF ONE ACRE FOR HIS SISTERS, AN ELDERLY GENTLEMAN.HE COULD DO THIS VIA A FAMILY LAND GRANT FOR WHATEVER REASON.
THEY REALLY WANT TO DO IT VIA PLANTING TO HAVE LEGAL LOT STATUS.
I DON'T KNOW IF THAT'S COMING FROM A LENDER.
SOMETIMES WE DON'T GET ALL THOSE DETAILS.
THEY WERE JUST VERY INSISTENT.
THEY WANT TO DO IT VIA A PLATE RATHER THAN A FAMILY LAND GRANT.
WE'VE RECOMMENDED APPROVING IT BECAUSE IT'S GOING TO CREATE THE SAME NUMBER OF LOTS AND SAME CONFIGURATION THAT HE COULD OTHERWISE DO VIA A FAMILY LAND GRANT.
>> THANK YOU. COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE THE VARIANCE FOR SHADOW ACRES?
>> MAKE A MOTION TO APPROVE THE VARIANCE.
>> THANK YOU. COMMISSIONER HORNE MAKES A MOTION FOR APPROVAL. DO WE HAVE A SECOND?
>> SECOND BY COMMISSIONER WESTMORELAND.
ANY DISCUSSION? NOT. ALL IN FAVOR SAY AYE.
>> OPPOSED? HEARING NONE, MOTION CARRIES.
[H.9 To approve the Short Form Plat for Shadow Acres consisting of two residential lots on approximately 8.941 acres located on Highway 304.]
ITEM H9 TO APPROVE SHORT FORM PLATE FOR SHADOW ACRES CONSISTING OF TWO RESIDENTIAL LOTS ON APPROXIMATELY 8941 ACRES LOCATED ON HIGHWAY 304 CASE.>> AGAIN, WITH THE VARIANCE APPROVED, WE'D JUST LIKE TO MOVE FOR IT WITH THE APPROVAL.
>> COMMISSIONERS, WE HAVE A MOTION.
>> WE HAVE A MOTION TO APPROVE BY COMMISSIONER HORNE. SECOND.
>> SECOND BY COMMISSIONER WESTMORELAND.
ANY DISCUSSION? NOT. ALL IN FAVOR SAY AYE.
>> OPPOSED? HEARING NONE, MOTION CARRIES.
[H.10 To accept a $3,087.50 donation from Amplify Ranch Investments, LTD for materials to improve Tenney Creek Road.]
>> THANK YOU. ITEM H10, TO ACCEPT A $3,087.50 CENT DONATION FROM AMPLIFY RANCH INVESTMENTS LIMITED FOR MATERIALS TO IMPROVE TENNEY CREEK ROAD.
>> IN THIS ONE, WE APPROVED A PRELIMINARY PLAT FOR DEER CREEK SUBDIVISION A COUPLE OF MONTHS AGO.
THEY'VE CLEARED ALL THE TECHNICAL COMMENTS ON THE FINAL PLAT EXCEPT ONE.
AS WE BEGAN LOOKING AT IT, DISCOVERED THAT THERE WAS AN INADVERTENT COPY-PASTE ERROR IN THE ENGINEERING DOCUMENTS THEY HAD SUBMITTED WITH THE PRELIMINARY PLAT THAT WOULD HAVE CAUSED US TO HAVE MORE DISCUSSION DURING THAT TIME, PARTICULARLY ABOUT DRAINAGE AS IT CROSSES WHAT'S THE NAME OF THAT ROAD?
>> TENNEY CREEK, PARTICULARLY ABOUT HOW THE DRAINAGE CROSS THIS TENNEY CREEK ROAD.
IN DISCUSSIONS WITH THEM, THEY RECOGNIZE WHAT THE ISSUE IS.
THERE'S A CULVERT THAT'S APPARENTLY PARTIALLY SMASHED, IT DOESN'T PROVIDE ADEQUATE DRAINAGE UNDERNEATH THE ROAD.
WHAT THEY'VE DONE AS WE'VE TALKED WITH THEM, IS THEY'VE OFFERED TO DONATE MONEY TO THE COUNTY FOR THE PURCHASE OF NEW CULVERTS.
THEY WERE ALREADY IN DONALD'S SCHEDULE ANYWAY TO GO OUT THERE AND PROVIDE THE LABOR TO THEM SO THIS ACTION ITEM IS TO ACCEPT A DONATION FOR THOSE CULVERTS.
DONALD'S GROUP WILL GO OUT AND INSTALL THEM AND IT WAS ALREADY ON THEIR MAINTENANCE SCHEDULE ANYWAY, TO FIX THAT CULVERT BECAUSE IT'S PARTIALLY DAMAGED.
THEY ALSO HAVE A RIGHT-AWAY DEDICATION AS PART OF THEIR PLAT THAT'S GOING TO ALLOW A LITTLE BIT BETTER GRADING INSIDE THE UPSTREAM SIDE OF THAT IN ORDER TO GATHER THE WATER AND COLLECT IT UNDERNEATH THE ROADWAY RATHER THAN GOING OVER THE TOP.
>> I HAVE THE CHECK. IT WAS JUST DROPPED OFF BY TYLER WILLIAMS.
COMMISSIONERS, DO WE HAVE A MOTION TO ACCEPT THE DONATION?
>> MAKE THE MOTION TO ACCEPT THE DONATION.
>> WE HAVE A MOTION TO ACCEPT THE DONATION.
>> WE HAVE A SECOND BY COMMISSIONER THERIOT.
ANY DISCUSSION? NOW ALL IN FAVOR SAY AYE.
>> OPPOSED? HEARING NONE. MOTION CARRIES.
ITEM 8-11 TO APPROVE FINAL PLAT FOR DEER CREEK SUBDIVISION,
[H.11 To approve the Final Plat for Deer Creek Subdivision consisting of 14 residential lots on approximately 39.46 acres located on Tenney Creek Road.]
CONSISTING OF 14 RESIDENTIAL LOTS ON APPROXIMATELY 39.46 ACRES, LOCATED ON TENNEY CREEK ROAD.NOW, WITH ALL THE COMMENTS CLEARED, WE'D JUST LIKE TO MOVE FORWARD WITH APPROVAL AND ALL FEES HAVE BEEN COLLECTED.
COMMISSIONERS, DO WE HAVE A MOTION TO APPROVE FINAL PLAT FOR DEER CREEK SUBDIVISION?
>> MAKE A MOTION TO APPROVE DEER CREEK.
>> MOTION TO APPROVE DEER CREEK BY COMMISSIONER HORNE AND A SECOND BY.
>> COMMISSIONER THOMAS. ANY DISCUSSION? NOW ALL IN FAVOR SAY AYE.
>> OPPOSED? HEARING NONE, MOTION CARRIES.
[I.1 To consider a letter regarding implementation of child-care facility tax abatement in Caldwell County pursuant to the Senate Joint Resolution 64 and Section 11.36, Texas Tax Code.]
>> COMMISSIONERS, THIS NEXT ITEM IS DISCUSSION ONLY.
I JUST WANTED TO GET A SENSE OF HOW THE COURT WOULD LIKE TO PROCEED ON THIS, AND THEN WE'LL BRING IT BACK IF NECESSARY.
IT'S TO CONSIDER A LETTER REGARDING IMPLEMENTATION OF CHILD CARE FACILITY TAX ABATEMENT IN CALDWELL COUNTY PURSUANT TO SENATE JOINT RESOLUTION 64, SECTION 11.36 TAX CODE.
THIS WAS PASSED AND IT AUTHORIZES COUNTIES TO GIVE A TAX ABATEMENT BETWEEN 50% AND 100% FOR CHILD CARE FACILITIES.
[00:25:07]
WE'RE UNDER NO OBLIGATION TO DO IT.I'M JUST TRYING TO GET A SENSE FOR HOW YOU GUYS FEEL ABOUT THAT BECAUSE THE SENATOR HAS SENT A FORM THAT THEY WOULD LIKE US TO FILL OUT EITHER SAYING WHAT WE'RE GOING TO DO IN NATURE OF GIVING AN ABATEMENT OR THAT WE'RE NOT GOING TO DO THAT.
>> I JUST APPROACHED THE PODIUM IN CASE YOU GUYS HAVE ANY QUESTIONS.
>> I DID REACHED OUT TO SHANNON AT THE APPRAISAL DISTRICT JUST TO GET A GOOD IDEA OF WHAT THAT MIGHT LOOK LIKE AS FAR AS DOLLAR AMOUNT GOES.
SHE SAID THAT IT'S NOT GOING TO AFFECT IT TOO MUCH.
SHE HASN'T GOT ME AN EXACT DOLLAR AMOUNT BUT SHE SHOULD HAVE THAT NUMBER TO YOU IF WE DO BRING IT BACK TO MAKE A DECISION ON IT.
>> I CAN TELL YOU THAT I DON'T THINK IT'S GOING TO MOVE THE NEEDLE AT ALL AS FAR AS OUR REVENUE GOES.
WHAT HAPPENS IS THE LANDLORD, IF THEY'RE RENTING, HAS TO PASS THAT ALONG AS A LOWERING OF THEIR LEASE AGREEMENT TO THE FACILITY, OR I SUPPOSE FACILITY ACTUALLY OWNED IT.
THEY WOULD JUST GET THE ABATEMENT IF WE DID THAT.
>> I WOULD BE INTERESTED TO SEE THE NUMBERS.
HOWEVER, I UNDERSTAND THEY'RE PROBABLY NOT GOING TO BE.
WHEN YOU'RE TALKING ABOUT THE NUMBER OF PROPERTIES THAT THIS WOULD PROBABLY ACTUALLY AFFECT IS REALLY LOW.
>> I THINK SOMEBODY LOOKED AT IT AND IT MIGHT BE 20% OR SOMETHING LIKE THAT IN THE COUNTY.
>> I'D BE WILLING TO ENTERTAIN IT.
>> JUST ONE ADDITIONAL COMMENT TO THAT.
REALISTICALLY, THAT NUMBER WILL PROBABLY BE EVEN LOWER BECAUSE THERE ARE ADDITIONAL QUALIFICATIONS THAT EACH CHILD CARE FACILITY HAS TO HAVE.
FOR EXAMPLE, A CERTAIN ENROLLMENT OF SPECIAL TYPES OF CHILDREN, THAT KIND OF THING.
THE NUMBER YOU'RE GET IS PROBABLY GOING TO BE A MAXIMUM NUMBER AS OPPOSED TO WHAT YOU'RE REALLY GOING TO SEE.
>> ARE THESE CHILD CARE FACILITIES, THEY HAVE TO BE LEGITIMATE CHILD CARE?
>> YES. LICENSED. WELL, IT COULD BE IN A HOUSE, BUT AS LONG AS THEY'RE LICENSED.
>> THAT BEING SAID, ANY HOME FACILITY CANNOT USE BOTH THIS ABATEMENT AND ALSO THE HOMESTEAD EXEMPTION SO THEY WOULD LOSE ONE OR THE OTHER?
>> YEAH. I HAVE A HARD TIME IMAGINING SOMEBODY GIVING UP THEIR HOMESTEAD EXEMPTION TO GET THIS BUT I SUPPOSE IT COULD HAPPEN.
>> ANY OTHER DISCUSSION, COMMISSIONERS?
>> I APPRECIATE IT. I JUST WANTED TO KIND OF GET A FEEL FOR HOW YOU GUYS.
WE'RE GOING TO BE THINKING ABOUT THAT BEFORE WE DID MUCH ELSE WITH IT.
[J. EXECUTIVE SESSION]
>> WITH THAT, WE WILL GO INTO EXECUTIVE SESSION AT 9:28 PURSUANT TO TEXAS GOVERNMENT CODE 551.87, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT PURPLE GEODE.
POSSIBLE ACTION MAY FOLLOW IN COURT NJ2, PURSUANT TO TEXAS GOVERNMENT CODE 551.87 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT PEACH TEA.
POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.
TO EXIT EXECUTIVE SESSION AT 9:44 A.M. AND RETURN TO PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.87 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS WITH PROJECT PURPLE GEODE.
J2, PURSUANT TO TEXAS GOVERNMENT CODE 551.87 DELIBERATION REGARDING ECONOMIC DEVELOPMENT ASSOCIATED WITH PROJECT.
COMMISSIONERS, I'D LOOK FOR A MOTION TO ADJOURN. I'LL MOVE WE ADJOURN.
WE HAVE A MOTION TO ADJOURN BY COMMISSIONER WESTMORELAND AND A SECOND BY SECOND COMMISSIONER THOMAS.
>> OPPOSED? HEARING NONE. WE ARE ADJOURNED AT 9:45
* This transcript was compiled from uncorrected Closed Captioning.