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[00:00:05]

IT'S REGULAR MEETING OF

[Call to Order]

THE COP AND COUNTY COMMISSIONER'S COURT IS CALLED TO ORDER.

TODAY'S TUESDAY, MAY 26 2020 9:00 AM AND WE'RE IN THE COMMISSIONER'S COURT MEETING ROOM LOCATED IN THE COURTHOUSE ANNEX.

UH, THIS TIME, UH, I'M GOING TO ASK COMMISSIONER IN CASE OF HE'LL OFFER AN INVOCATION AND COMMISSIONER PHILLIPS WILL OFFER THE PLEDGES.

PLEASE STAND.

YOU'LL PRAY WITH ME.

OKAY.

DEAR LORD, WE GATHERED TODAY THANKFUL, APPRECIATIVE OF ALL THAT WE HAVE.

LORD, WE THANK YOU FOR THE SACRIFICE OF OUR VETERANS AS WE HONORED THEM YESTERDAY DURING MEMORIAL DAY.

THE ULTIMATE SACRIFICE THAT PROVIDES US THE FREEDOMS THAT ALLOWS US TO ALL LIVE THE LIFE THAT WE HAVE TO HAVE THIS, THIS GOVERNMENT, THIS MEETING, THESE OPPORTUNITIES.

LORD, WE PRAY THAT TODAY YOU BLESS OUR DELIBERATIONS IF WE'D MAKE GOOD DECISIONS FOR THE CITIZENS OF THIS COUNTY AND THAT ALL OF US WOULD CONTINUE TO SUPPORT THE AMERICAN WAY AND YOUR NAME, WE PRAY THESE THINGS.

AMEN.

ONE NATION WITH LIBERTY AND JUSTICE FOR ALL HONOR.

THANK YOU VERY MUCH.

THANK YOU MR PALLISTER.

YOU'D BE WELCOME TO SIT UP HERE, UNLESS YOU JUST WANT TO STAND BACK THERE.

THAT'D BE FINE.

HE KIND OF LOOKED LIKE A BOUNCER BACK THERE.

UM,

[1. ROUTINE CORRESPONDENCE.]

NEXT ITEM IS A ROUTINE CORRESPONDENCE.

MR. HUNT? UH, UH, YES.

THIS WEEKEND WE HAVE, UH, UM, ANOTHER CLEANUP HERE IN KAUFMAN.

UM, AND I THANK YOU COINCIDES WITH THE CD CLEANUP ALSO.

UH, IT'S GOING TO BE THIS SATURDAY, MAY 30TH FROM EIGHT TO FOUR.

SO DOES ANYBODY ELSE HAVE ANYTHING? UH, JUDGE, I'D JUST LIKE TO SAY ONE THING.

UH, IT'S NOT REALLY ON THE AGENDA, BUT, UH, OVER THE LAST, UH, UH, I PROBABLY, UH, SPEAK FOR ALL OF US OVER THE LAST COUPLE OF WEEKS.

I THINK WE'VE ALL BEEN CONTACTED, UH, BY MANY OF OUR CONSTITUENTS REGARDING THE, UH, THEIR CONCERNS OVER PROPERTY APPRAISALS.

AND I KNOW THAT, UH, WE FOLLOWED UP WITH COMMISSIONER BARBER'S INITIATIVE IN THE PAST, THE RESOLUTION, UH, WITH THE GOVERNOR.

BUT I JUST THINK IT'S IMPORTANT THAT AS WE BEGIN TO APPROACH THE BUDGET CYCLE TO, UH, TO LET EVERYONE KNOW THAT THE COMMISSIONER'S COURT IS WELL AWARE OF THE TAX BURDEN, THAT, THAT ALL OF US, INCLUDING THOSE OF US THAT SIT UP HERE, UH, ARE, UH, ARE SADDLED WITH.

AND THAT, UH, NOT ONLY, UH, NOT ONLY THIS BODY, BUT, BUT I THINK WE ENCOURAGE ALL OF THE TAXING ENTITIES IN THIS COUNTY TO, TO BEAR THAT IN MIND AS WE BEGIN TO ENTER THE BUDGET CYCLE.

I THINK IT'S, UH, UM, IT'S JUST IMPORTANT FOR THE CITIZENS OF THIS COUNTY TO KNOW THAT WE RECOGNIZE THE, THE ISSUE AND THAT, UH, IT IS ALWAYS, UH, ON THE FOREFRONT OF EVERYTHING WE DO.

UH, IT, EVERY ONE OF THESE COMMISSIONER'S COURT MEETINGS.

THANK YOU.

ANYBODY ELSE HAVE ANY CORRESPONDENCE? OKAY.

UH, I DON'T HAVE ANY CARDS FROM VISITORS.

I MEAN, WELCOME TO EVERYBODY THAT'S HERE AND WE'LL GET TO ANYBODY CARES TO ADDRESS US TODAY.

UM,

[2. CONSENT AGENDA]

NEXT ITEM IS, UH, WE HAVE THE CONSENT AGENDA, WHICH CONSISTS OF ITEMS A THROUGH E.

IS THERE ANYTHING ON THE CONSENT AGENDA A COMMISSIONER WOULD LIKE TO DISCUSS? AND IF NOT, IS THERE A MOTION TO APPROVE THE CONSENT AGENDA AS PRESENTED? I'LL MAKE THAT MOTION.

WE HAVE THAT MOTION FROM COMMISSIONER CAGE TO APPROVE THE CONSENT AGENDA.

IS THERE A SECOND? I'LL SAY SECOND FROM COMMISSIONER BARBER.

THE DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE OPPOSED? NO.

MOTION CARRIES.

[3. Steve Rogers; Presentation on Rehabilitation Plan for Cedar Creek Watershed Site 87A.]

NEXT UP, UH, STEVE ROGERS PRESENTATION ON REHABILITATION PLAN FOR CEDAR CREEK WATERSHED SITE 87, EIGHT.

GOOD MORNING, MORNING JUDGES AND COMMISSIONERS.

UM, WE'RE A PULL UP POWERPOINT PRESENTATION AND I APPRECIATE THE ASSISTANCE OF THE STAFF HERE WITH THE COUNTY.

WE, IF WE JUST FOLLOWED DIRECTIONS WOULD BE IN A BETTER SHAPE, BUT WE APPRECIATE THEIR HELP ON THIS.

SO I'VE GOT THIS POWERPOINT PRESENTATION PULLED UP AND I'M GOING TO GO THROUGH IT.

WE'RE GOING TO BE TALKING TODAY ABOUT WHAT'S CALLED CEDAR CREEK WATERSHED SITE 87 A WHICH IS ALSO KNOWN AS NEW TERRELL CITY LIFE, WHICH IS ALSO KNOWN FOR THOSE WHO'VE BEEN AROUND A WHILE WAS ELMO LIKE OR LIKE ELMO.

IT'S ABOUT SIX MILES EAST TO TERRELL RIGHT NOW.

SO IF WE GO TO THE NEXT SLIDE HERE.

SO THE PARTIES INVOLVED IN THIS PROJECT.

AND I'LL EXPLAIN THIS AND IF YOU WOULD, IF YOU'LL, UH, UM,

[00:05:01]

LET ME GO THROUGH SOME OF THESE.

I THINK I'LL ANSWER ALL YOUR QUESTIONS IF YOU HAVE ANY.

PLEASE STOP ME AT ANY POINT.

WE HAD THREE PARTIES INVOLVED IN THIS PROJECT RIGHT NOW FROM THE, UH, THE NRC NRCS, WHICH IS THE OLD SOUL CONSERVATION SERVICE.

UH, THEY'RE THE LEAD AGENCY IN THE US.

THEY'RE, THEY'RE IN CHARGE OF THE DESIGN OF IT AND WE ESSENTIALLY HAVE AN AGREEMENT WITH THEM ON, UH, ON THIS, ON THIS, UH, BECAUSE THIS, UH, STRUCTURE'S CHANGED OVER THE YEARS AND I'LL EXPLAIN THAT HERE IN A MINUTE.

THEY HAVE A CONTRACT WITH FRIESEN NICOLE'S, UH, FOR DESIGN OF THE DAM IMPROVEMENTS RIGHT NOW WE ALSO HAVE AN AGREEMENT WITH THE TEXAS STATE SOLAR AND WATER CONSERVATION BOARD AND THEY MANAGE SOME STATE FUNDS THAT ARE AVAILABLE FOR THIS PROJECT.

AND THEN THE CITY OF TERRELL OBVIOUSLY IS THE LEAD LOCAL SPONSOR ONLY US.

AND WE'VE RECEIVED SOME GRANT FUNDING FROM BOTH THE NRCS AND THE TEXAS STATE SOIL AND CONSERVATION BOARD.

AND SO THE CITY'S REALLY THE RESPONSIBLE FUNDING PARTY ONLY.

ANYTHING THAT'S NOT COVERED BY GRANT FUNDS THROUGH OUR AGREEMENTS.

SO IF I GO TO THE NEXT SLIDE, UM, UH, WE FORMED A STEERING COMMITTEE ON THIS, UH, SEVERAL YEARS AGO TO HELP US RECEIVE INPUT FROM THOSE WHO LIVED AROUND THE LAKE.

AND WE, UH, WE CHOSE SOME PEOPLE WHO WE KNEW AND, AND KIND OF DIDN'T KNOW TO TRY TO HELP US OUT.

AND SO WE HAD, UH, UH, BETTY BROWN, UH, AS YOU KNOW, KEN LANG, UH, DON HENDERSON, UH, STEVE HOOEY, UH, COUNTY EMERGENCY MANAGEMENT COORDINATOR WHO JUST SHOWED UP HERE WITH US, WAS ON THAT STEERING COMMITTEE.

UH, HATTIE BAILEY OR TEXAS PARKS AND WILDLIFE AND THEN ROY DANE AS AN ALTERNATE MEMBER.

IF YOU KNOW ROLLWAY ROY HAS BEEN ON THE KAUFFMAN VAN ZANDT SOLON WATER CONSERVATION BOARD FOR MANY YEARS THERE.

SO WE MET A COUPLE OF TIMES BACK IN 2014 AND 2015 AND BASICALLY THEY LOOKED AT ALTERNATIVES AND RECOMMENDED A REHAB OPTION FOR THIS, UH, TO THE STATE, WHICH THEY CHOSE AND MOVE FORWARD.

SO NEXT SLIDE IS JUST A MAP OF THE AREA OF THE MAP ON THE LEFT SHOWS.

UH, AGAIN, TERRELL'S ON THE LEFT SIDE OF THE MAP, UH, THAT YOU HAD, SADIE KIND OF CROSSED THE TOP OF THE PAGE AND YOU CAN SEE UH, BELOW THAT.

AND THE, THE DRAINAGE AREA FOR THE LIGHT IS A LITTLE OVER NINE ACRES THAT'S OUTLINED IN KIND OF A YELLOW COLOR AND THE LIKES THERE AT THE BOTTOM OF THE, OF THAT, UH, THAT DRAINAGE AREA.

AND THEN IT SHOWS MUDDY CEDAR CREEK LEAVING THERE FLOWING THROUGH 80, 20 DOWN TO TWO 43 AND EVENTUALLY DOWN TO CEDAR CREEK RESERVOIR.

THE MAP ON THE RIGHT, IT'S JUST A SIMPLE MAP SHOWING THE LIKE NORTH OF 80 THERE, UH, WEST OF FEM.

UH, 27, 28.

SO IF I GO TO THE NEXT SLIDE, I'LL GIVE YOU SOME BACKGROUND DETAILS ON THIS SLIGHT.

IT WAS ORIGINALLY CONSTRUCTED IN 1955 AS A WATER SUPPLY FOR THE CITY OF TERRIBLE.

IN 1969 IT WAS MODIFIED TO BECOME A FLOOD RETARDING STRUCTURE FOR THE SOLE CONSERVATION SERVICE.

AT THE TIME IT WAS MODIFIED, IT WAS CHANGED AND IT BECAME FRS.

NUMBER 87, EIGHT, THE PRINCIPAL SPILLWAY WAS MODIFIED, AUXILIARY SPILLWAY WAS RAISED AND THE DAM WAS RAISED AT THAT TIME.

SINCE THEN, THIS DAM HAS BEEN CLASSIFIED AND THEIR SYSTEM IS A HIGH HAZARD DAM.

IT DOES NOT MEET CURRENT SAFETY AND PERFORMANCE DATA.

WHAT THAT MEANS IS A HIGH HAZARD DAM IS NOT THAT IT'S HAS AN IMMINENT FAILURE BREACH OF THE DAM, BUT AS A DAM DOES BREACH AN INUNDATION STUDY DOWNSTREAM SHOWS THAT IT WOULD WASH OUT A UNION PACIFIC RAILROAD, UH, USI 80 AND FLOOD 25 TO 30 STRUCTURES DOWNSTREAM.

UM, AND SO THAT'S WHY IT'S CLASSIFIED AS A HIGH HAZARD DAM.

THE CURRENT SPONSOR, ANDERS NINE CURRENT SPONSORING LOCAL ORGANIZATIONS THERE, THEY'RE LISTED THERE.

ONE OF THOSE IS A COFFIN COUNTY, UH, AS WELL AS THE COUNTIES OF HENDERSON AND ROCKWALL VANZANT COUNTIES.

UM, SO WE HAVE A LOT OF HELPERS ON THE US SPONSORS.

UM, AND SO WHEN WE APPLIED FOR FUNDING GRANT FUNDING IN 2011, WE HAD TO GET ALL NINE OF THESE SPONSORING ORGANIZATIONS TO SIGN ON TO OUR GRANT APPLICATION, INCLUDING COMING TO THE COUNTY.

SO YOU'VE BEEN A PARTY TO THIS SINCE 2011.

SO WHAT WE'RE HERE REALLY TO TALK ABOUT IS OPERATION AND MAINTENANCE OF THE DAM.

TODAY IN THE CITY OF TERRELL'S.

OBVIOUSLY THE PRIMARY SPONSOR HAD BEEN TAKEN CARE OF MAINTENANCE ON THE US SINCE THE DAM WAS BUILT IN 1955 AND CERTAINLY SINCE IT WAS MODIFIED IN 1969 SO WE'RE MOSTLY CONCERNED ABOUT THE BREACH OF THE DAM AND THOSE IMPACTED DOWNSTREAM.

SO IF WE GO TO THE NEXT SLIDE, YOU CAN KIND OF SEE THE CURRENT CONDITION OF THE PRINCIPAL SPILLWAY.

IT'S GOT A LOT OF STRUCTURAL PROBLEMS. WE HAVE AN OLD,

[00:10:01]

UH, AGAIN, THIS WAS BUILT AS A WATER SUPPLY STRUCTURED.

SO I MIGHT PAUSE AT THIS POINT TO MAKE, MAKE SURE YOU GUYS UNDERSTAND THIS IS A VERY UNIQUE PROJECT IN THE NRCS, TEXAS STATE AND SOUL WATER CONSERVATION BOARD'S WORLD BECAUSE IT'S A COMBO.

IT'S A, IT'S A FLOOD RETARDING STRUCTURE AND IT IS A WATER SUPPLY.

WE STILL HAVE WATER RIGHTS DEPARTMENT THERE TO DRAW WATER UP TO 9 MILLION GALLONS A DAY FROM THE LIGHT.

SO THERE'S A CURRENT INTAKE IN THE LAKE AND THAT'S WHAT THIS PICTURE ON THE TOP RIGHT HAND CORNER SHOWS.

UH, THE BOTTOM LEFT HAND CORNER SHOWS THE, THE, UM, SLOPE ON THE BACKSIDE OF THE DAM.

AND THEN THERE'S A PICTURE OF THE AUXILIARY SPILLWAY THAT'S ON THE WEST END OF THE CURRENT DAM.

NEXT SLIDE.

SO WHAT WE'RE GONNA DO WITH THIS PROJECT HERE, WE'RE GOING TO INSTALL A NEW PRINCIPAL'S SPILLWAY IN THE LIKE, WHICH IS, WHICH IS A NEW FEATURE AND THEY ADD SOME MORE, UM, CAPACITY AND, AND SAFETY TO THIS.

WE'RE GOING TO ABANDON THE EXISTING ROLL WATER INTAKE AND THE CONDUIT THAT'S THERE AND WE'RE GOING TO REPLACE IT, UH, WITH A NEW WATER SUPPLY THAT'S CONTAINED WITHIN THIS NEW PRINCIPAL SPILLWAY OVERFLOW SPILLWAY.

IN THE LIGHT, WE'RE GOING TO REPLACE THE EXISTING PRINCIPALS SPILLWAY SERVICE BILL WISE.

IT'S CALLED HERE WITH A NEW ONE.

WE'RE GOING TO LEAVE THE EXISTING AUXILIARY SPILLWAY.

WE'RE GOING TO WIDEN IT SLIGHTLY AND WE'RE GOING RAISED THE, THE, THE, UH, ENVIRONMENT, THE DAM APPROXIMATELY FOUR FEET ACROSS THE LENGTH OF IT.

IF YOU'LL GO TO THE NEXT SLIDE, THERE'S A MAP THAT KIND OF OUTLINES MOST OF THIS WORK HERE.

SO YOU'LL SEE THE DAM IS, IS THEY'RE HIGHLIGHTED ON THE DOWNSTREAM END OF THE LAKE THERE.

UH, THE RIGHT HAND SIDE SHOWS WHERE THE, UH, UH, SPILLWAY IS GOING TO BE INSTALLED AND WHERE THE PRINCIPALS FEEL WHY HE IS AT THIS TIME.

THE LEFT SIDE SHOWS WHERE THE AUXILIARY SPILLWAY IS.

AND THEN WE'RE GONNA TAKE THE DOWNSTREAM SLOPE, UH, OPPOSITE OF THE WATER.

WE'RE GOING TO BE FLATTENING THAT SLOPE OUT TO MAKE IT EASIER AND SAFER TO MOW.

SO IF YOU'LL GO ONE MORE SLIDE, YOU'LL SEE KIND OF A CROSS SECTION OF WHAT THE DAM IS GOING TO LOOK LIKE AND HOPE YOU CAN SEE THIS.

WELL IN THE PICTURE THERE, THE LEFT SIDE OF THE PAGE SHOWS THE NORMAL POOL LEVEL, THE LIKE THERE'LL BE RIPPER OUT THAT UH, BE RE-INSTALLED ON THAT SIDE OF THE LIGHT.

YOU'LL SEE THAT WHERE THE DAM'S GOING TO BE RAISED.

YOU CAN SEE WHERE THE SLOPES GOING TO BE FLATTENED OUT ON THE DOWNSTREAM MAN.

AND THAT'S, THIS IS A TYPICAL CROSS SECTION OF WHAT THE DAM IS GOING TO LOOK LIKE.

UH, WHEN IT'S FINISHED OF THE NEXT PAGE IS ALWAYS EXCITING CAUSE IT'S GOT NUMBERS.

AND AGAIN, TO KIND OF GO BACK TO WHAT I SAID ALREADY OR THIS IS A, THIS IS ONE OF THE BIGGEST PROJECTS THAT THESE GUYS HAVE EVER HANDLED IN THE STATE OF TEXAS.

AND THIS IS A LARGE, LARGE PROJECT.

THEY TYPICALLY HANDLE ONE, TWO, $3 MILLION PROJECTS.

THIS ONE'S VERY LARGE.

THE CONSTRUCTION COST IS ESTIMATED NOW CURRENTLY OVER $15 MILLION.

TOTAL PROJECT COST IS ABOUT 17 AND A HALF MILLION DOLLARS.

SO IF YOU GO ACROSS THE PAGE AND LOOK, THE NRCS HAS GOT ABOUT NEARLY $12 MILLION COMMITTED TO THIS PROJECT.

THE STATE HAS OVER $5 MILLION COMMITTED TO IT.

AND THEN WE WIND UP WITH ONLY LESS THAN $300,000 CURRENTLY ESTIMATED OUT OF THE CITY'S POCKET ON THIS, WHICH IS A GREAT THING FOR THE COUNTY AND THE CITY.

AND THE WAY THAT WORKS IS THE FEDERAL MONEY, THE ALMOST $12 MILLION, IT WAS A 65 35 GRANT, WHICH AGAIN YOU PARTICIPATED IN WHEN WE APPLIED FOR THAT IN 2011 THE STATE MONEY IS 95, FIVE OF THE 35% THAT'S LEFT OVER.

SO OF THE 35% OBLIGATION WE HAVE, THE STATE'S GOING TO PICK UP 95% AT COST.

SO OUR TOTAL PERCENTAGE IS ABOUT 1.75% OF THE TOTAL PROJECT COST, WHICH IS A GREAT THING FOR THE CITY AND FOR THE COUNTY TO GET THIS DAMN REHAB LIKE IT'S AWKWARD DOING.

AND UM, AND SO I JUST WANTED TO GO OVER THE NUMBERS WITH YOU AND SO YOU COULD SEE THOSE, CAUSE THIS IS A VERY LARGE PROJECT.

SO THE SCHEDULE, NEXT SLIDE IS A SCHEDULE.

AND SO WE'RE GONNA, WE'RE STILL HAVE SOME LAND RIGHTS AND PERMIT ACQUISITIONS TO GO THROUGH THAT WE'RE WORKING ON NOW.

THE CONSTRUCTION DRAWINGS WILL BE DONE AROUND SEPTEMBER.

WE'LL ADVERTISE THE PROJECT IN THE FALL.

THE CITY HAS TO ADVERTISE THIS PROJECT AND FUND THIS PROJECT.

SO WE HAVE TO FUND IT AS IT GOES AND SEEK REIMBURSEMENT AS WE GO MONTH TO MONTH.

SO WE HAVE TO SEED IT.

ESSENTIALLY CITY COUNCIL WILL BE AWARDING A $15 MILLION PROJECT DOWN THERE.

UH, AND THEN THIS ALL THROUGH OUR AGREEMENTS WE HAVE WITH BOTH OF THEM, WE EXPECT CONSTRUCTION TO START LIKE THIS YEAR, MAYBE EARLY NEXT YEAR.

AND THEN IT'S ABOUT A TWO YEAR,

[00:15:01]

UH, CONSTRUCTION PROJECT.

AND SO THAT'S, THAT'S ALL I HAD, JUDGE.

UH, I WANT TO STOP HERE AND THERE'S A LOT OF INFORMATION.

I DIDN'T REALLY WANT TO GO TOO FAST, BUT I KIND OF WANTED TO GIVE YOU A BACKGROUND OF THE PROJECT AND WHAT WE'RE DOING HERE.

SO THERE ARE ANY QUESTIONS AT THIS POINT? I'LL BE HAPPY TO ANSWER THEM.

I WAS TALKING TO TERRY AND I GUESS MY QUESTION IS WE HAD ALL THESE SPONSORING LOCAL ORGANIZATIONS IN THE INCEPTION, RIGHT? YES SIR.

SO THEY'RE NO, NO LONGER TAKING PART IN THIS, MOVING ON.

THEY'RE STILL CONSIDERED, THEY'RE STILL CONSIDERED SPONSORING LOCAL ORGANIZATIONS, WHICH THEY CAN DO ON PROJECTS LIKE THIS.

I THINK IT'S MAINLY TO, UM, I THINK IT'S MAINLY TO BE IN THE COMMUNICATION LOOP MORE THAN ANYTHING ELSE IS WHAT IT IS ON THE CONTRACT.

IT WAS JUST THE NRCS COUNTY AND CITY AND ALL THESE OTHER NAMES THAT IS LIKE, WOW, BUT THEY'RE NOT TAKING PART IN THE FINANCIAL OR NONE OF THEM EVER.

I HAVE NO SIR.

OKAY.

WE HAD TO REMIND SOME OF THEM AS WE WENT AND GOT HIS SAYING THAT THEY ARE SPONSORING LOCAL ORGANIZATIONS OF THIS.

LIKE I STAY, UM, I'VE HAD SOME OF THE RESIDENTS THAT LIVE AROUND THERE, OF COURSE, MAIN CONCERNED ABOUT THIS WHEN THE CONSTRUCTION BEGINS.

UH, THE ONLY WAY TO GET IN AND OUT OF THERE AS OUR COUNTY ROADS AS THERE A CONSIDERATION FOR THOSE BEING, YOU KNOW, REBUILT OR WHATEVER AFTER THIS IS OVER WITH OR, UH, YES SIR.

UH, THAT'S, THAT'S GREAT POINT.

WE'VE ALREADY DISCUSSED THAT INTERNALLY.

THAT IS NOT, UM, GRANT ELIGIBLE.

UH, SO THE CITY HAS GOT TO FIGURE OUT A WAY TO PICK UP ANY CALLS TO ANY OF THAT.

SO OUR PLAN IS WE GET CLOSER TO CONSTRUCTION IS WE'RE GOING TO NEED TO, UH, PROBABLY SIT DOWN WITH YOU AND WE CAN CERTAINLY COME BACK TO THE COURT AND KIND OF GIVE AN OVERALL VIEW.

WE WANT TO ANALYZE HOW WE'RE GOING AND LEAVE THE PROJECT AND WE'RE GOING TO LOOK AT THE CONDITION BEFORE AND DURING AND AFTER.

AND THEN ANY OBLIGATION THAT WE HAVE WILL NEED TO BE, UH, A PART OF THE PROJECT FOR US TO WORK WITH THE COUNTY ON, TO MAKE THE COUNTY HUDDLE AT THE END OF THE PROJECT IS SUCH A LONGER RATION THAT, UM, WE DON'T WANT TO GET IN AND REBUILD IT IN THE MIDDLE OF, WE DON'T WANT PEOPLE TO DRIVE DOWN SOMETHING.

IT'S GOTTEN TORE UP.

ONE OF THE, ONE OF THE GOOD THINGS ABOUT THE US IS WE'VE PURCHASED A LARGE TRACK DOWN ON THE SOUTHEAST CORNER OF THE, LIKE, UH, 53 ACRES AND WE PLAN ON GETTING ALL OF OUR BORROW FROM THAT SIDE.

SO WE'RE HOPING THAT WE DON'T HAVE TO IMPORT A LOT OF MATERIAL AND PUT A LOT OF TRUCKS ON THE ROAD.

SO WE'RE TRYING TO MINIMIZE THE DAMAGE TO THE COUNTY ROADS BY MAKING A LARGE PURCHASE.

AND THIS WAS ALL KIND OF, UH, UH, UH, CONSIDERED, RIGHT? WE'VE GOT ABOUT 7,000 OF DARK THAT NEEDS TO GO ON THE DAM.

IT'S ABOUT 175,000 CUBIC YARDS.

SO WE'RE TRYING TO GET ALL THAT DARK FROM THAT SIDE AND WE THINK THAT WE CAN, WE'VE ALREADY DONE SOME SOUL TESTS ON IT AND WE FEEL VERY CONFIDENT AND THAT DOESN'T MEAN THERE WON'T BE DAMAGE TO THE COUNTY ROAD, BUT WE NEED TO ENTER INTO A SEPARATE AGREEMENT ON THAT.

WE CAN CERTAINLY DO THAT.

WE CAN HAVE COUNTY DRAW SOMETHING UP FOR US TO LOOK AT OR WE CAN, WE CAN PROPOSE SOMETHING, BUT THAT'S, THAT'S A POINT WE'VE ALREADY DISCUSSED IN DETAIL AND WE'LL, WE'LL WORK WITH YOU ON THAT AS WE GO THROUGH THIS.

RIGHT.

UH, THEY'RE GONNA, THEY'LL BUILD A COFFER DAM, I GUESS TO, TO, THEY'RE GOING TO CALL FOR DAM AS THEY GO.

UH, THEY DON'T WANT TO, I DON'T WANT TO DRAWING THE LIGHT.

THEY'RE GOING TO PUMP IT DOWN, UH, TO TAKE SOME OF THE PRESSURE OFF OF IT.

BUT THERE'LL BE DOING COFFER DOWN WORK ON THE LIKE SIDE IS I GO TO BUILD WHAT THEY'RE GOING TO BUILD A GOOD, GOOD POINT.

UH, IF WE WERE GOING TO DRYING IT, WE'D HAVE A, UH, A BIG FISH PARTY.

BIG FISH.

MAYBE DON'T TELL WHAT WE'D FIND IN THERE.

SORRY.

YEAH.

YEAH.

UM, ANYBODY ELSE HAVE ANY QUESTIONS? THANK YOU.

WE APPRECIATE YOUR KEEPING US UP TO DATE.

THIS IS A HUGE PROJECT AND IT DOES AFFECT OBVIOUSLY, UH, YOU KNOW, W JUST IT SEEMS LIKE EVERY SO OFTEN YOU SEE SOMETHING ON NEWS ABOUT A DAM THAT FAILED AND I'M SURE THAT PEOPLE HAVE THAT ON THEIR MINDS.

SO WHO PUMPS THE WATER TANK? WHO PUMPS THE WATER OUT? IS THAT A NORTH TEXAS ATLANTA OR IS IT TERRIBLE? SO YOU TERRELL OWNS THE WATER RIGHTS AND CURRENTLY KEEP SEEING THEM.

WE, UM, WE LOOKED A FEW YEARS AGO AT, UH, POTENTIAL SOURCES OF THE WATER IN THERE AND WE HAD SEVERAL PEOPLE THAT WERE VERY INTERESTED IN THE WATER.

AND THE PROBLEM IS IT'S A, FROM AN ECONOMY OF SCALE, IT'S A SMALL AMOUNT OF WATER FOR SOMEBODY TO INVEST IN.

WE DON'T THINK IT IS WHEN WE LOOK AT IT CAUSE IT'S A, YOU KNOW, IT'S A LARGE LIKE SOMEWHAT TO US, BUT IT'S NOT REAL DEEP.

AND SO IT DOESN'T HAVE A LOT OF WHAT'S CALLED FARM YIELD TO IT.

SO THERE'S NOT A, A LOT OF PEOPLE WHO ARE INTERESTED IN INVESTING A LOT OF MONEY IN IT.

BUT AS TIME MARCHES ON IT'LL BECOME

[00:20:01]

MORE VALUABLE AND WE FEEL LIKE IT'LL BECOME A RESOURCE FOR PROBABLY NORTH TEXAS OR SOMEBODY IN THE REGION.

YOU DON'T HAVE A TREATMENT PLAN? NO SIR.

WE COULD EITHER DRAW IT OUT AND TREAT WATER IF WE WANTED TO BUILD A WATER TREATMENT PLAN OR WE COULD SELL IT TO SOMEBODY ELSE.

CORRECT.

OKAY.

OKAY.

THANK YOU VERY MUCH.

WE APPRECIATE THAT.

[4. Steve Rogers; Discuss/Consider approving the Operation and Maintenance Agreement Cedar Creek Watershed Kaufman County, Texas for Rehabilitated Floodwater Retarding Structure 87A.]

AND WHILE YOU'RE HERE, YOU CAN DISCUSS, CONSIDER APPROVING OPERATION AND MAINTENANCE AGREEMENTS.

SHEEP CREEK, WATERSHED COUNTY, TEXAS, HER REHABILITATED FLOOD STRUCTURE.

OKAY.

SO ALL THESE, ALL THE NICETIES ARE OVER.

NOW MY ISSUE TO TAKE ACTION HERE NOW, SO IF YOU'LL LOOK AT THE AGREEMENT HERE, AND I DON'T KNOW IF YOU'RE UM, IF EVERYBODY HAS A COPY OF IT, I DON'T KNOW IF REBECCA HAD CHANCE TO REVIEW IT IN GREAT DETAIL AND I'VE CERTAINLY, THIS IS AN AGREEMENT BETWEEN US AND THE NRCS.

SO THEY, IF YOU LOOK ON THE VERY FIRST PAGE THERE, THEY'VE INCLUDED THREE ENTITIES THAT IF THEY WANT TO SIGN ON TO THIS, I WANT HIM AGREEMENT.

AND THAT IS THE KAUFMAN VAN SANT SOIL AND WATER CONSERVATION DISTRICT.

THE CITY OF TERRELL, EXCUSE ME, IN THE CALVIN COUNTY COMMISSIONER'S COURT.

SO THERE'S, UM, THERE'S A LOT OF INFORMATION IN HERE.

IF YOU LOOK AT THE BOTTOM OF THE FIRST PAGE, IT SAYS THE SPONSOR SHELL.

IF YOU CAN FLIP TO THE NEXT PAGE, PAGE TWO.

THERE'S A LOT OF MORE THINGS THAT WE SHALL DO AS BEING THE SPONSOR.

THEN THERE'S ONE BULLET AT THE BOTTOM AND SIT THE NRAS NRCS SHALL DO ONE THING AND THEN IT MOVES INTO OPERATION.

IF YOU GO TO PAGE THREE, THE SPONSOR SHELL, THE BOTTOM OF THE PAGE THREE, IT GETS UNDER MAINTENANCE TO SPONSOR A SHELL.

SO THERE'S A LOT OF THINGS THAT WE SHALL DO THAT ARE IN THIS AGREEMENT HERE.

AND I'M NOT GOING TO BORE YOU WITH THE DETAILS.

AGAIN, IT GOES THROUGH A LOT OF THINGS I'VE ALREADY SAID, BUT I WANT TO BOIL IT DOWN TO A, WHAT THEY'RE REALLY TRYING TO GET US TO DO.

IF YOU LOOK AT THE, IF YOU LOOK AT PAGE FIVE, THEY WANT TO TALK ABOUT, UH, VEGETATION MAINTENANCE, THE ONE TALKING ABOUT VEGETATION AND TREES AND BRUSH, WOODY GROWTH, DEBRIS REMOVAL, ET CETERA, AND SO ON.

AND SO REALLY WHAT YOUR, YOUR BIG CONCERN IN A DAM LIKE THE US IS ALLOWING VEGETATION TO GROW IN THE DAM ON EITHER SIDE OF IT, EITHER THE WATER SIDE OR THE DOWNSTREAM SIDE.

SO ONE OF THE THINGS WE'VE DONE OVER THE YEARS IS WE'VE TRIED TO KEEP ANY TREES DOWN ON IT THAT DIDN'T GROW UP.

YOU KNOW, TYPICALLY SCRUBBY TREES AND UH, HACKBERRIES AND THINGS LIKE THAT.

BUT WE CUT ON DOWN AS SOON AS WE CAN.

WE'VE HAD THE DAMN SPRAY BEFORE.

AND SO THIS IS SOMETHING WE'VE BEEN DOING FOR MANY, MANY YEARS.

CITY OF TERRELL HAS, THERE'S OTHER THINGS CONTAINED IN HERE, BUT AGAIN, I'M NOT GOING TO BORE YOU WITH THE DETAILS AND I WOULD CERTAINLY LET REBECCA SAY ANYTHING THAT SHE WANTS TO.

IF YOU LOOK AT THE BOTTOM OF PAGE EIGHT, IT TALKS ABOUT HAZARD CONCERNS AND MENTIONS OUR EMERGENCY ACTION PLAN.

THIS IS SOMETHING THAT THE COUNTIES PARTICIPATE IN WITH US BEFORE THE EAP AT THE BOTTOM OF PAGE EIGHT THERE.

UH, I KNOW THAT, UH, STEVE WHO HE'S VERY FAMILIAR WITH IT AND HIS NAME, HE'S A SIGNATURE ON THAT I BELIEVE.

AND THAT'S SOMETHING WE ARE CONTINUING TO UPDATE RIGHT NOW, UH, THAT WE'LL BE BRINGING BACK TO HIM TO TAKE A LOOK AT.

AND IF YOU WANT TO BOIL THIS THING DOWN TO WHAT AM I HERE TODAY FOR IS IF YOU GO TO PAGE NINE, IT'LL PROBABLY EXPLAIN PRETTY MUCH WHAT IT IS.

SO UNDER A ROMAN NUMERAL SIX TIME AND RESPONSIBILITY, UH, THIS AGREEMENT IS A 100 YEAR AGREEMENT.

OKAY.

SO THAT'S TYPICALLY WHAT DO ON THESE.

WHEN THEY REHAB THESE DAMS, THEY TRY TO GET ON THE LAST A HUNDRED YEARS.

SO THE LAST REHAB IN 69, HE WAS LASTED UNTIL NOW, WHICH IS OVER 50 YEARS.

UH, SO THEY WANT TO SIGN A A HUNDRED YEAR AGREEMENT AND THAT'S WHAT THIS IS FOR HERE.

AND THIS IS THEIR STANDARD FORM RIGHT HERE.

AND THEN AT THE BOTTOM OF THAT, UNDER UH, THE NEXT ROMAN NUMERAL FINANCIAL PLAN, ESTIMATED COST UNDER ITEM NUMBER THREE IS $10,000.

ANNUALLY.

WE CAME UP WITH THAT NUMBER.

THEY ORIGINALLY HAD 3000 IN THERE.

WE DIDN'T THINK THAT WAS ENOUGH.

THIS WILL INCLUDE, UM, MOWING THE DAM, KEEPING THE TREES DOWN, FIXING THE RIPPER APP.

IT CAN OBVIOUSLY EXCEED 10,000, BUT THEY WANTED A NUMBER JUST IN HERE AS A PLACE HOLDER FOR THAT.

SO ESSENTIALLY WHAT THEY'VE ASKED FOR IS FOR, SINCE THIS IS OWNED BY THE CITY OF TERRELL, IT IS A, WITHIN KAUFMAN COUNTY, YOUR JURISDICTION, YOU ARE A SPONSORING LOCAL ORGANIZATION AND THE COFFIN VAN ZANDT WATER CONSERVATION DISTRICT GETS WITHIN THEIR SERVICE AREA AND THEY ARE A SPONSORING LOCAL ORGANIZATION.

THEY WANTED THE THREE OF US TO SIGN ON THIS.

SO WHAT I'M HERE TODAY IS TO ASK YOU TO TAKE ACTION ON THIS

[00:25:01]

AND TO APPROVE THIS.

UH, I WENT TO IMMIGRANT, UH, BEING A SPONSORING LOCAL ORGANIZATION ON IT, UH, WITH ANY CAVEATS THAT YOU WANT TO PUT IN THERE.

I'M ASKING TODAY ESSENTIALLY FOR NO MONEY FROM THE COMMISSIONER'S COURT, I'M JUST ASKING YOU TO SIGN ON TO THE S BECAUSE IT'S A REQUIREMENT THEY DIDN'T.

RCS IS ASKING FOR, I'LL BE ASKING THE SOLON WATER CONSERVATION BOARD FOR THE SAME THING IN A HOPEFULLY MEETING THEY HAVE SOON SO WE CAN EXECUTE IT.

THIS IS PART OF WHAT'S REQUIRED FOR ME TO MOVE OUR PROJECT FORWARD.

SO I'VE GOT TO HAVE THIS TO MOVE THE PROJECT FORWARD.

SO I'M NOT ASKING FOR ANY MONEY.

SO ANY ACTION, I'M ASKING FOR THE JUDGE FOR THE COURT, TAKE ACTION FOR THE JUDGE TO SIGN THIS AGREEMENT, UH, WITH NO OBLIGATION FROM FINANCIALLY, FROM THE COMMISSIONER'S COURT.

SO WITH THAT, I'LL STOP TALKING AND TAKE ANY QUESTIONS.

LET REBECCA SINCE THE, SINCE WE'VE ALL, SINCE THIS WAS DONE AND WE WERE A SPONSOR ORGANIZATION, WE'RE JUST BEING, WE'RE JUST BEING ASKED TO SIGN ON TO THE MAINTENANCE THING.

BUT ANYTHING HAVING TO DO WITH COSTS WOULD HAVE TO COME TO US AS A SEPARATE, AS A SEPARATE ACTION.

THAT'S CORRECT.

IF WE ASK YOU TO COME IN AND HELP US WITH SOMETHING AND IT REQUIRES YOUR LIBRARY ON A SEPARATE AGREEMENT ANYWAY, WE DO THAT ON A ROADWAY OR ANYTHING ELSE HERE.

SOME THAT'S THE CITY HAS BEEN MAINTAINING IT ALL ALONG.

RIGHT.

I MEAN, WE'RE CONTINUING TO DEMOLISH GRUBBING CRAZIES AND CUT THEM DOWN AND YOU KNOW, CAUSE THE ROOTS START BARRELING THROUGH IT AND MAKING A SAY CAUSES FAMILY.

WE DID WITH THE COUNTY DID HELP US YEARS AGO.

BACK IN THE DAYS WHEN WE USED TO BRING THE GUYS OUT IN THE ORANGE.

I WENT DOWN THERE A COUPLE OF TIMES AND HELPED US CLEAR SOME THINGS OUT BACK IN THE DAY.

BUT UH, UH, THAT'S UH, WE'RE IN A DIFFERENT WORLD NOW.

YEAH.

OKAY.

UH, COULD I JUST ASK STEVE OR OUR COUNTY REPRESENTATIVE, IF STEVE, IF YOU GOT ANYTHING TO CONTRIBUTE TO, TO THIS SUPPORT STATE WITH THIS AND IT'S JUST A CONTINUATION OF SOMETHING WE'VE BEEN DOING SINCE THE FIFTIES.

SO I WOULD YOU KNOW, ASK THAT YOU GO ALONG WITH THEM.

THE PROGRAM, I HAVE A FEW REQUEST JUST IN REGARDS TO THE AGREEMENT IN GENERAL, UM, TO AVOID FUTURE CONFLICT WITH THE FUNDING AND THE ALLOCATIONS BETWEEN THE DIFFERENT SPONSORS.

UM, IT'S OUR RECOMMENDATION THAT WE WOULD KIND OF ORGANIZE THAT DIVISION THAT'S SPLIT BETWEEN EACH ONE OF THOSE AND THEN ALSO ON THE $10,000 ANNUALLY.

AND THAT'S OVER A HUNDRED YEAR PROJECTED A HUNDRED YEAR PERIOD.

IF WE COULD DO SOME TYPE OF CAP ON INCREASES CAUSE IT DOES SPECIFY THAT YOU COULD INCREASE EVERY FIVE YEARS, UM, AT FIVE, 10%, SOMETHING REASONABLE LIKE THAT.

AND THEN THE LAST PART WOULD BE ANYTHING OVER THAT ANNUAL COST COULD BE SUBJECT TO, UM, COMMISSIONER'S COURT APPROVAL AND VERIFYING THE NECESSITY OF THAT ADDITIONAL COSTS.

BUT WE'RE NOT AGREEING IN THIS.

YOUR AGREEMENT TO FUND ANY OF THIS.

YOU, YOU, YOU ARE AGREEING TO FUND IT.

YOU, YOU ARE AGREEING TO FUND IT.

THEY'RE JUST PLUGGING IN THE 10,000 AS AN ESTIMATE.

AND SO AS A SAFEGUARD, THE RECOMMENDATION WOULD BE TO CAP THOSE COSTS.

YOU CAN DO THAT BY A PERCENTAGE VERSUS AN ACTUAL NUMBER.

UM, IF YOU'D LIKE JUST BECAUSE IT IS A HUNDRED YEAR AGREEMENT AND SO YOU, YOU REALLY WANT TO PUT THOSE CHECKS AND THEN, BECAUSE AT SOME POINT THE CITY IS GOING TO COME AND SAY, HEY LOOK, WE'RE DOING THESE REHABILITATIONS AND MAINTENANCE AND OPERATIONS.

HERE'S OUR SPLIT BETWEEN THE THREE PARTIES AND HERE'S WHAT THE COUNTY WOULD OWE.

STEVE, DO YOU DISAGREE WITH THAT? I DON'T KNOW.

I'M NOT SURE WHAT THEY'LL LET US DO TO REVISE THIS AGREEMENT.

THIS IS THEIR AGREEMENT.

THEY PROVIDED US.

THE ONLY THING THEY PLUGGED IN ARE THE NAMES.

I DON'T KNOW IF THEY'RE GONNA AS AN AS A FURTHER OPTION, WE COULD ENTER INTO A SUB AGREEMENT FOR COST ALLOCATION WITH THE THREE PARTIES.

I WOULD RATHER, I WOULD PREFER THAT WE DO SOMETHING LIKE THAT IF WE COULD OUTSIDE OF DISAGREEMENT THAT I THINK THAT'S A GREAT OPTION.

IF THE COURT IS OKAY WITH THAT, WOULD YOU, CAN I INTERJECT? SURE.

I THINK ONE OF THE, UM, WHATEVER, LIKE, AND I'VE TALKED ABOUT THE SABRINA, WE ALL HAVE, I THINK ONE OF THE ISSUES IS THE AGREEMENT IS WRITTEN WHERE THE COUNTY, THE, AND THE, UM, BANDANA COUNTY WATERSHED ARE ALL TREATED AS SPONSORS.

AND SO WHEN THE AGREEMENT TALKS ABOUT SPONSORS BEING RESPONSIBLE TO EITHER REPAY THE GOVERNMENT IF THE DAM ISN'T DONE CORRECTLY OR FOR ANY MONIES THAT MIGHT BE CALLED UPON, THE SPONSORS ARE NOT TREATED ANY DIFFERENTLY.

THEY'RE TREATED ALL AS ONE.

[00:30:01]

SO THEREFORE THE CITY COULD BE RESPONSIBLE, THE COUNTY COULD BE RESPONSIBLE, THE OTHER SPONSOR COULD BE RESPONSIBLE.

SO I, WHAT WE ARE, WE HAVE CONCERNS ABOUT IS, UM, DO WE NEED TO DELINEATE THE COUNTY AS A, A NON-CONTRIBUTING SPONSOR EXCEPT PURSUANT TO AN AGREEMENT WITH THE CITY OF TERROR? WELL, YOU JUST NEED TO BE AWARE OF THAT, BUT THOSE ARE THE LEGAL CONCERNS IS THAT THE COUNTY IS LUMPED IN AS A SPONSOR AND WE COULD BE RESPONSIBLE FOR ANYTHING THAT THE FEDERAL GOVERNMENT OR THE CONSERVATION, UM, DIVISION DECIDES IS ATTRIBUTABLE TO A SPONSOR.

THAT, THAT'S OUR ONLY LEGAL CONCERN.

BUT REBECCA, YOUR PROPOSAL WAS THAT WE ADDRESS THAT BY CREATING A SHEPARD FUNDING AGREEMENT.

SO WHAT KAREN, WHAT KAREN IS SAYING IS THAT IN THE AGREEMENT THAT'S BEFORE YOU GUYS, IT WOULD JUST BE SUBJECT TO THAT, UM, FUNDING AGREEMENT BETWEEN THE THREE SPONSOR, THE ALLOCATION AGREEMENT BETWEEN THE THREE SPONSOR ENTITIES IS THE LANGUAGE YOU PUT IN THERE.

AND I'M PRETTY SURE THAT THEY WOULD BE OPEN TO THAT ADDITION TO THE AGREEMENT BECAUSE IT DOESN'T REALLY GO INTO THE HEART OF IT.

THEM, YOU KNOW, THEY'RE, BUT IT WOULD IMPACT, BUT IT WOULD PROTECT THE COUNTY.

IT WAS JUST PROTECT THE COUNTY BECAUSE OF THE WAY THAT WROTE DOWN.

IT HOLDS US RESPONSIBLE FOR THEM.

IF THE DAM BREAKS, IF THE DAM BREAKS AND THERE'S A LOSS OF PROPERTY, WE ARE RESPONSIBLE JUST LIKE ANY OTHER SPONSOR.

AND SO WE JUST, I JUST THINK THAT WE NEED TO, UM, WE NEED TO KIND OF REFINE THAT PART OF THE AGREEMENT.

AND I DON'T THINK THIS, NO, NOT, NOT BEING WILLING TO BE A SPONSOR.

I THINK THAT WE NEED TO REFINE OR ENTER INTO SUB AGREEMENTS AND MAKING SURE THAT THIS AGREEMENT IS PURSUANT TO THAT.

SO THAT 20 YEARS FROM NOW WHEN NONE OF US ARE AROUND, THE COUNTY'S NOT CALLED UPON FOR MILLIONS OF DOLLARS, YOU KNOW, POTENTIAL LIABILITY OR LOSSES OR SPONSOR NOW THOUGH, RIGHT? YEAH.

WE'VE ALWAYS BEEN A SPONSOR IN, IN THE UNDERLYING, UH, FUNDING AGREEMENT TO CONSTRUCT AND BUILD THE ADDITIONS TO THE DAM.

RIGHT.

NOT THE CONTINUATION AND MAINTENANCE AND OPERATION AGREEMENT.

EXACTLY.

SO THIS FINANCIAL PLAN ALSO SAYS THAT, UH, THAT WE AGREED TO THAT WE WEREN'T GOING TO HAVE AN ESTABLISHED ESCROW ACCOUNT FOR TAX REVENUES DEDICATED TO THIS.

RIGHT.

AND DO, DO WE HAVE THAT? DO WE HAVE A DEDICATED ESCROW ACCOUNT FOR THAT, MATT? AND I THINK THEIR INTENTION IS JUST TO MAKE SURE THAT IT'S, THAT IT IS MAINTAINED BECAUSE THEY'RE BACKING THE FEDERAL GOVERNMENT IS GIVING A TON OF MONEY TO THE PROJECT.

AND SO THE TREE MAINTAINING THE TREES AND THE THINGS THAT HAVE TO HAPPEN OVER A HUNDRED YEARS, THAT THAT IS TYPICAL LANGUAGE AND YOU'RE GOING TO FIND THAT IN ANY AGREEMENT.

RIGHT.

WELL, WE JUST DON'T HAVE THAT ESCROW ACCOUNT.

WE DON'T HAVE THE ESCROW ACCOUNT THAT I'M AWARE OF.

AND UM, AND WE, I MEAN FROM A LEGAL STANDPOINT, NOT A POLICY STANDPOINT FROM A LEGAL STANDPOINT, WE WOULD JUST LIKE TO MAKE THE AGREEMENT A LITTLE MORE TIGHT WHEN IT COMES TO THE COUNTY AND WE CAN ENTER INTO WHATEVER AGREEMENT WITH THE CITY OF TERRELL.

BUT THAT'S JUST OUR LEGAL PERSPECTIVE.

BUT CERTAINLY FROM A POLICY STANDPOINT, THE COMMISSIONER'S COURT CAN DO WHATEVER THEY WOULD LIKE.

WELL, I THINK THE PROPOSAL, IF WE'RE TALKING ABOUT THE FUNDING FOR ONE THING, I GUESS THE ESCROW DOES, IT DOESN'T SPECIFY WHO FUNDS THE ESCROW SAYS A SPONSOR OF FUNDING TO PAY FOR ITS OBLIGATIONS UNDER THIS AGREEMENT WILL COME FROM AN ESTABLISHED ESCROW ACCOUNT OF TAX REVENUES USED EXCLUSIVELY FOR NORMAL OPERATION AND MAINTENANCE AND FACILITY.

THAT CAN BE PART OF THIS OTHER AGREEMENT THOUGH REBECCA RIGHT.

DETAILS OF HOW THE ESCROW WILL BE FUNDED.

AND I THINK THAT'S WHAT THE UM, OVERLYING AGREEMENT IS KIND OF CONTEMPLATING THAT THOSE SPONSORS WOULD FIGURE OUT THOSE COST ALLOCATIONS AND HOW IT WORK.

BUT TO PREEMPT ANY ISSUES WITH THAT.

IT WOULD BE EASIEST TO JUST HAVE A FUNDING AGREEMENT.

YOU KNOW THIS PERCENTAGE FOR THIS PARTNER, THIS ONE FOR THAT.

WELL, IT'S KIND OF LIKE A GENTLEMAN'S CREAMER RIGHT NOW BECAUSE I'M IN THE 267,000 THAT ALL THREE OF US WERE REALLY RESPONSIBLE FOR, OR THE CITY OF TERROR.

I MEAN TECHNICALLY WE'RE SIGNING OFF FOR THAT TOO FOR THAT THIRD AM I RIGHT THERE JUST LIKE THE 10 AND THEN MINUS THE SAME THING, WHICH THE CITY OF WAS CRISIS AND YOU SAY WE DON'T TAKE CARE OF ASKING FOR ANYTHING, BUT STILL LEGALLY WE'RE STILL RESPONSIBLE AND THIS IS WHAT OUR POSITION, THAT'S JUST WHAT WE WANT TO MAKE SURE YOU ALL ARE AWARE OF THAT.

IS THAT RIGHT? WE'RE RESPONSIBLE FOR A THIRD OR IS THE WAY THIS AGREEMENT SET UP? THAT IS ACTUALLY EVERYONE IS RESPONSIBLE FOR THE ENTIRE AMOUNT INDIVIDUALLY.

IF THE OTHERS, WHEN PEOPLE DIDN'T HAVE THE MONEY, THEY WOULDN'T GO AFTER THE THIRD PERSON.

SO IT'S REALLY NOT, IT'S REALLY NOT SET UP.

THE THIRD IS NO, YOU KNOW THE COVER, SO THERE'S A THIRD.

THAT'S WHAT I'M TRYING TO TELL YOU ALL THAT ARE RESPONSIBLE FOR EVERYTHING BY SIGNING OFF ON THIS AGREEMENT.

YOU KNOW, THAT MIGHT NOT BE THE REALITY, BUT LEGALLY SOMEONE COME BACK AND SAY THIS AGREEMENT IS BINDING FOR A HUNDRED YEARS.

YOU SIGNED OFF ON THIS AND YOU COULD BE TWO YEARS

[00:35:01]

FROM NOW IF WE HAVE SOME TYPE OF DAMAGE TO THE DAM AND IT'S GOING TO COST SEVERAL MILLION DOLLARS TO REPAIR IT.

TERRELL DIDN'T HAVE IT.

IT'D BE HARD.

THERE'S DIFFERENT FACES, DIFFERENT PEOPLE.

I MEAN IS THERE A POSSIBILITY WE COULD MAKE THE TAX IN ESCROW, THE CITY DEAL AND THE INLAY, SO THE CITY HAS TO CARRY A ESCROW THERE.

THERE IS, WE WOULD JUST NEED TO WORK WITH THE CONSERVATION DISTRICT, YOU KNOW, TO, TO, TO SEE WHATEVER AGREEMENT COULD BE REACHED.

IT WAS KIND OF A CV LEG.

YEAH.

I MEAN I'M NOT TRYING TO SAY WE DON'T WANT TO HELP HIM THIS TIME, BUT WE JUST WANTED TO POINT OUT THE LEGAL WORDS BECAUSE IT'S A VERY BROAD BRUSH CONTRACT AND UM, SO WE JUST NEED TO BE AWARE OF THAT.

WELL DO YOU RECOMMEND WE GET ALL THAT HAMMERED OUT BEFORE WE AGREE TO ANYTHING TODAY? THAT'S MY RECOMMENDATION AND WOULD LIKE TO WORK WITH THEM.

THE CITY OF TERRELL'S ATTORNEYS, UM, YOU KNOW, MARY GALE RAMSEY AND GREG SHUMPERT ARE VERY GOOD TO WORK WITH AND WHOEVER OUR CONTACT IS FROM A NATIONAL LEVEL, UH, I THINK WE COULD, I THINK WE COULD WORK OUT A LITTLE BIT TIGHTER AGREEMENT.

ARE WE ON A CERTAIN TIMEFRAME TO GET THIS DONE WHEN WE NEED TO MOVE IT FORWARD.

SO WE'LL ONLY TAKE SOME KIND OF ACTION AFTER TODAY TO MOVE FORWARD.

SO YES, WE'VE GOT TO HAVE THIS IN PLACE BEFORE WE BID THE PROJECT.

SO IS THAT, DO YOU KNOW IT'S GOING TO BE IN THE FALL? WE NEED TO WORK THIS OUT.

SOUNDS LIKE A GOOD PLAN.

YUP.

I'LL GO THERE.

LET'S GET IT WORKED OUT.

SO IF THAT'S THE, THAT'S THE IDEA THEN, IF WE DON'T HAVE A MOTION REGARDING THIS ITEM, MOTION TABLE QUESTION UNTIL THEY GET THERE, LET'S DON'T MUSH ON TABLE CAUSE WE HAVE TO BRING THAT OBLIGATION TO BRING IT BACK AT A CERTAIN TIME.

SO IF WE, IF THERE'S NO MOTION, IS THERE A MOTION ON ITEM, UH, FOR EACH DEGREE? PASS THAT TO.

WE'LL GO TO ITEM FIVE.

THANK YOU GENTLEMEN.

UH,

[5. Judge Richards; Discuss/Consider approval of the ROW Advanced Funding Agreements for the US 80 Project between Kaufman County and TxDOT in the amount of $567,168.70. CCSJ 0095-03-080US 80 from: Lawson Road and CCSJ 0095-03-085US 80 at FM 460.]

THIS IS, UH, ACTUALLY THIS IS, UH, THIS HAS MY NAME ON IT, BUT UH, JOHN POLLSTER IS HERE TO DISCUSS FOR CONSIDERATION APPROVAL OF RIGHT AWAY ADVANCED FUNDING AGREEMENTS FOR THE USA 80 PROJECT BETWEEN KAUFMAN COUNTY AND TEXTILE.

HELLO THERE, JOHN JOHN POLLSTER, INNOVATIVE TRANSPORTATION SOLUTIONS.

UH, I'M HERE TO TALK TO YOU ABOUT THE UH, USA D IF IT'S FUNNY AGREEMENT.

THE TOTAL COST OF THE RIGHT-AWAY FOR THIS PROJECT IS ESTIMATED 5.6 $7 MILLION.

THE COUNTY IS IN FOR 10% OR 567,000.

IT IS A FIXED AN AGREEMENT.

SO IN THE FUTURE WHEN THE COST GOES HIGHER OR WORSE, WE'RE SET AT THE $567,000.

AND UH, THE FUNDING MEMO REFERENCES THE LOCATION FOR THE MONEY TO COME FROM IN, IN THE FUNDING NEMO.

AND I THINK YOU SHOULD HAVE IT IN YOUR PACKET.

IT'S BEEN VERIFIED BY KAREN AND MY STAFF IS A RECOMMENDATION THAT WE ARE RECOMMENDING.

I MET HER 27 OF THEM.

EXCUSE ME, I HAVE 1127 OF THEM.

WHAT'D I SAY? 67 IT SHOULD BE 67.

I'M JUST TRYING TO LOWER THE PRICE FOR IT.

OH YEAH, YEAH.

ALL THAT SANCTION ALMOST THE WHOLE THING IS IN THE PLAIN.

IT'S EXPENSIVE PROPERTY AND FLUFF.

YEAH.

WELL I KNOW AND THIS IS SAYING, YOU KNOW, BUT ON THE ROAD THAT'S ON THE ROAD, SO THIS IS ANOTHER ONE OF THOSE AGREEMENTS WHERE WHEN WE WORK WITH THE STATE, WE TRY TO LEVERAGE YOUR FUNDS AND WE'RE GETTING 90 CENTS ON THE DOLLAR, UH, FOR THIS PROJECT.

AND UM, WE'RE USING OLDER MONIES ON EACH OF THESE, WHICH YOU'RE GOING TO SEE.

SO WE'RE, WE'RE SPENDING THE OLDEST MONEY YOU HAVE COMING FORWARD CAUSE WE WANT TO GET RID OF IT.

AND SO MY RECOMMENDATION IS THE COURT APPROVE THIS AGREEMENT.

IT'S FIXED AND ALLOWS THE STATE TO START ACQUIRING THE RIGHT AWAY, WHICH IS THE NEXT STEP THEY HAVE TO DO BEFORE THEY MOVED THE UTILITIES.

SO NOW WE NEED BEN AND THE ONLY EVER BAIL BE MARRIED, HAPPY THAT SOMETHING IS STARTING TO HAPPEN ON AIDEN.

EVEN IF IT'S JUST BUYING RIGHT AWAY CAUSE I DON'T KNOW WHAT YEAR AND I KNOW THAT IT'S DISCUSSED.

I THINK IT'S A 20.

IT'S A LONG WAYS.

21 WON 21 OR FIRST PART OF 22.

YEAH.

CAUSE IF THEY'RE ACQUIRING RIGHT AWAY NOW IT USUALLY TAKES ABOUT NINE TO 12 MONTHS TO ACQUIRE THE RIGHT AWAY.

AND THE UTILITIES I THINK ARE MINIMAL OUT HERE.

UM, SO THAT'S, SO THAT'S ABOUT 18 MONTHS OLD.

COULD NATO WATERLAND THEY HAD THE WATER LINE ON THE

[00:40:01]

SOUTH SIDE.

YOU KNOW THE STATE'S PROBABLY GONNA DO CAUSE A LOT OF TIMES THESE WATER LINES ARE ALLOWED TO STAY IN THE RIGHT AWAY.

UM, SOME OF THESE MEN IS ABSORBED BY THE RIGHT AWAY, BUT THEY DON'T PUT THE ROAD ON THE UTILITY SO THAT IT'S OFFSET.

WE'RE DOING THAT RIGHT NOW IN ANOTHER LOCATION.

THEY'RE JUST ABOVE GROUND THERE SO IT'S NOT TOO BAD.

ALRIGHT.

ANY QUESTIONS? OTHER QUESTIONS ABOUT IT? MADAM ALREADY YOU, YOU CONCUR THAT, THAT THE RIGHT FUNDING SOURCE AND THEN EMAIL THAT LAST WEEK.

SO JUST FOR THE RECORD, CAUSE WE'RE GOING TO BE SETTING UP PROCESSES FOR YOU.

UM, AND WE'LL TAKE ANY INPUT FROM Y'ALL THAT YOU WANT, BUT WHEN, WHEN I BRING YOU SOMETHING, IT'S USUALLY A LARGE DOLLAR AMOUNT AND I AM A CONSULTANT SO I DON'T EXPECT ANYBODY TO TRUST ME.

SO BEFORE I COME TO THE COURT, I WORKED THROUGH KAREN'S OFFICE AND IF IT'S A CONTRACT, I WORKED THROUGH THE CIVILS OFFICE TO MAKE SURE THEY AGREE TO THE FORM.

SO YES, THE MEMO, UH, RECOMMENDS THE DOLLAR AMOUNT AND THE AUDITOR NUMBER AND THAT'S BEEN CONFIRMED BY THE AUDITOR AND THE AGREEMENT'S BEEN Y'ALL VIC EXECUTED ADVANCED FUNNY AGREEMENTS BEFORE SO THAT THE CIVILS OKAY.

WELL IT UH, OKAY.

ANY OTHER QUESTIONS? NOPE.

THEN WHAT? WE HAVE A FORCES TO CONSIDER APPROVE RIGHT AWAY.

ADVANCED FUNDING AGREEMENTS FOR USA D PROJECT IS PRESENTED.

IS THERE A MOTION? MAKE SENSE? EMOTION.

WE HAVE A MOTION FOR APPROVAL FROM COMMISSIONER PHILLIPS.

IS THERE A SECOND? SECOND.

SECOND FROM COMMISSIONER KATE'S DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE OPPOSED? NO.

MOTION CARRIES.

UH, WELL LET'S

[6. Judge Richards; Discuss/Consider approval of the funding sources for the Professional Services Agreement for the Road Bond Program Management Support contract between Kaufman County and Teague Nail and Perkins, Inc. in the amount of $96,000.00]

DO THIS AGAIN.

MR POLLSTER DISCUSS, CONSIDER APPROVAL OF THE FUNDING SOURCE FOR PROFESSIONAL SERVICES AGREEMENT FOR THE ROAD BOND PROGRAM MANAGEMENT SUPPORT BETWEEN COFFIN COUNTY AND DMP.

SO THE COURT, UM, EXECUTED IN AGREEMENT WITH TECHNO ON THE 28TH OF APRIL.

ALL THIS IS TODAY IS FOR Y'ALL TO, UH, CONSIDER AND APPROVE IF YOU SO CHOOSE THE FUNDING FOR THAT SAME CONTRACT.

SO YOU FIND THE MEMO IS INCLUDED IN THE PACKET.

IT AGAIN HAS BEEN VETTED BY THE COUNTY AUDITOR'S OFFICE AND THE FUNDING SOURCES ARE FROM THE 2013 BOND PROGRAM AND THEY'RE REFERENCED IN YOUR REPORT IN YOUR MEMO, BUT WE'RE TAKING THE FUNDING THAT'S REMAINING OFF OF THE STUDY THAT WE WERE GOING TO DO FOR ESSAYS.

34 OF THE TEXTILE PICKED UP FOR US AND THEN WHAT WAS REMAINING ON THE REGIONAL PLAN THAT WE HAD, UH, FREESE AND NICHOLS DO WHEN WE FIRST STARTED THE BOND PROGRAM.

AND THOSE ARE, THESE ARE FUNDS THAT ARE, UH, UNENCUMBERED AND AVAILABLE FOR USE.

AND SO THOSE ARE THE RECOMMENDATIONS THAT HOPEFULLY WE'RE BOTH MAKING.

YEAH.

UH, QUESTIONS.

NO.

IF THE NO QUESTION IS, IS THERE A MOTION FOR APPROVAL OF THE FUNDING SOURCES FOR OFFICIAL SERVICES AGREEMENT? I'LL MAKE A MOTION THAT MOTION.

COMMISSIONER HUNT.

IS THERE A SECOND? SECOND ONE.

COMMISSIONER BARBER DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE OPPOSED? NO.

MOTION CARRIES.

THANK YOU SIR.

PLEASE SIR.

[7. Discuss/Consider exiting regular meeting and enter into a public hearing.]

ITEM SEVEN, DISCUSS.

CONSIDER EXITING A REGULAR MEETING AND INTO ANY PUBLIC HEARING.

IS THERE A MOTION TO EXIT REGULAR MEETING AND INTERRUPT PUBLIC HEARING? I MAKE A MOTION THAT MOTION COMMISSIONER BARBERS ARE SECOND.

I'LL SAY IT AGAIN.

SECOND FROM COMMISSIONER PHILLIPS.

DISCUSSION THOSE IN FAVOR? AYE.

THOSE OPPOSED? NO, THAT MOTION CARRIES.

WE ARE NOW IN

[8. Public Hearing; Receive input from the public regarding placing "No Parking" signs on the following County Road within Pet. 3: County Road 378.]

A PUBLIC HEARING TO RECEIVE INPUT FROM THE PUBLIC REGARDING PLACING NO PARKING SIGNS ON THE FOLLOWING COUNTY ROAD WITHIN PRECINCT THREE COUNTY ROAD THREE 78.

YOU WANT TO OPEN THIS UP, COMMISSIONER BARBARA AND TELL US WHAT WE'RE DOING HERE? YEAH, IT'S JUST LIKE SOME WE'VE HAD IN THE PAST.

UM, YOU KNOW, OBVIOUSLY YOU'RE NOT SUPPOSED TO PARK ON COUNTY ROADS, BUT WE HAVE HAD A PROBLEM WITH SOME OF THE GROWTH OUT THERE IN OUR AREA WITH PEOPLE PARKING ALL ALONG THE SIDE OF THE COUNTY ROADS.

THEY'RE VERY NARROW AND DANGEROUS.

UH, I JUST WANT TO BE ABLE TO GIVE OUR LAW ENFORCEMENT AGENCIES SOMETHING TO WORK WITH, BE ABLE TO ENFORCE SOMETHING BY PUTTING UP SIGNS TO WARN PEOPLE ANYWAY, SO.

OKAY.

UH, WE ARE IN A PUBLIC HEARING AND I WOULD INVITE ANYONE WHO WOULD CARE TO SPEAK IN FAVOR OF THIS PROPOSED ACTION TO COME GIVE US YOUR THOUGHTS.

IS THERE ANYONE HERE WHO WOULD CARE TO SPEAK IN OPPOSITION TO THIS PROPOSED ACTION WITH NO ONE COMING FORWARD? UH, I WOULD, UH,

[9. Discuss/Consider exiting public hearing and enter back into regular meeting.]

LET'S CONSIDER EXITING A PUBLIC HEARING AND ENTER BACK INTO A REGULAR MEETING.

IS THERE A MOTION? MAKE A MOTION.

WE HAVE MOTION.

COMMISSIONER BARBER.

IS THERE A SECOND? I'LL SECOND.

SECOND.

COMMISSIONER PHILLIPS DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE OPPOSED? NO, THAT MOTION CARRIES.

NEXT

[10. Discuss/Consider placing "No Parking" signs and approving order for "No Parking" signs to be placed on the following County Road: County Road 378.]

ITEM DISCUSSED, CONSIDER PLACING NO PARKING SIGNS AND APPROVING ORDER FOR NO PARKING SIGN SHOULD BE PLACED ON THE FOLLOWING COUNTY ROAD.

COUNTY ROAD THREE 78.

COMMISSIONER BARBARA

[00:45:01]

ALREADY EXPLAIN WHAT THAT'S ABOUT.

THREE MORE QUESTIONS.

MMM.

IF THERE ARE NO QUESTIONS, IS THERE A MOTION FOR APPROVAL? MAKE A MOTION WHERE THAT MOTION FROM COMMISSIONER BARBARA, IS THERE A SECOND? I'LL SECOND.

SECOND.

COMMISSIONER PHILLIPS DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

THOSE OPPOSED? NO, THAT MOTION CARRIES.

[11. Chelsea Endicott; Motion to approve Preliminary Plat for Horseshoe Club Estates.]

ITEM 11, CHELSEA ENDICOTT MOTION TO APPROVE TO DISCUSS AND CONSIDER APPROVE OF PRELIMINARY PLAT FOR HORSESHOE CLUB ESTATES.

GOOD MORNING.

OKAY.

UM, HORSESHOE CLUB IS STATES IS GOING TO BE DEVELOPED ACTUALLY BY MISS FULLY.

SHE'S HERE IF YOU GUYS HAVE ANY QUESTIONS FOR HER.

UM, IT'S GOING TO BE LOCATED IN PRECINCT ONE.

THEY'RE GOING TO BE BUILDING A ROAD TO FRONT ALL OF THEIR 82 LOTS.

THEY'VE GOT ENGINEER APPROVAL FROM TMP.

UM, AND THEY WILL ALSO BE BUILDING THEIR HOMES IN THERE AS WELL.

IS THERE ANY QUESTIONS THAT YOU GENTLEMEN HAVE PERTAINING TO HER DEVELOPMENT? UM, ALL THE BOXES ARE CHECKED AND THEY SEEM SERIOUS ABOUT PUTTING OUT A GOOD PRODUCT FOR KAUFMAN COUNTY.

SO I'LL MAKE A MOTION.

WE ACCEPTED.

UH, WE HAVE MOTION FROM COMMISSIONER HUNT TO APPROVE THE PRELIMINARY PLAN FOR HORSESHOE CLUB STATES.

IS THERE A SECOND? I'LL SECOND.

SECOND.

COMMISSIONER PHILLIPS.

DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE OPPOSED? NO, THAT MOTION CARRIES.

THANK YOU, CHELSEA.

[12. Ron Sullivan; Discuss/Consider Atmos Energy request to replace 4 miles of pipeline impacting County Road 320 and County Road 322 in Precinct 3.]

NEXT UP.

UH, RON SULLIVAN DISCUSSED CONSIDER ATMOS ENERGY REQUESTS TO REPLACE FOUR MILES OF PIPELINE IMPACTING COUNTY ROAD THREE 20 AND THREE 22 IN PRECINCT THREE.

GOOD MORNING RON.

GOOD MORNING, GENTLEMEN.

AMMO SAYS APPROACH THE KAUFMAN COUNTY FOR THE REPLACEMENT OF A, A, UH, HIGH PRESSURE GAS LINE.

IN PRECINCT THREE, UH, WE'VE, UH, REVIEWED THE CROSSINGS THERE.

THE, THE PLANS WERE PREPARED BY, UH, KSA.

UH, THEY'RE GOING TO A DEPTH OF FIVE FEET BELOW THE, UM, BELOW THE BAR DITCH.

THEIR INSTALLATION WILL BE BY A TRENCHLESS METHOD.

I BORE, UH, OR THEY WILL NOT BE DISTURBING THE PAVEMENT, BUT WE'RE STILL GONNA REQUEST OR REQUIRE THEM TO, UH, ENTER INTO AGREEMENT THAT IF THERE'S ANY DAMAGE TO THE, UH, COUNTY ROAD OR THE DITCH THAT THEY'VE MADE RESTORED.

OKAY.

UH, QUESTIONS.

IF THERE ARE NO QUESTIONS, IS THERE A MOTION TO APPROVE THE RE ATMOS ENERGY REQUEST TO REPLACE FOUR MILES OF PIPELINE? OH MY GOD.

EMOTIONS.

WE HAD THAT MOTION FROM COMMISSIONER BARBER IS OUR SECOND, SECOND, SECOND COMMISSIONER CAGE DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE POSTS KNOW THAT MOTION CARRIES.

[13. Monique Hunter; Discuss/Consider approving submission of City of Kaufman Voluntary Annexation Application for Property ID 56874.]

I DIDN'T SEE MONIQUE.

JUDGE MONIQUE IS ACTUALLY SICK.

SHE EMAILED ME THIS MORNING AND ASKED IF I WOULD PRESENT THIS ITEM.

THEN REBECCA DISCUSSED CONSIDER A SUBMISSION OF CITY A CORPORATE VOLUNTEER ANNEXATION APPLICATION FOR CORPORATE-Y ID 56 EIGHT 74 AND I CAN'T PROMISE I WON'T NEED YOUR ASSISTANCE BECAUSE I KNOW YOU KNOW MORE ABOUT THE PROJECT.

UM, THE CITY OF KAUFMAN IS ENTERTAINING, UH, THE CONSTRUCTION ALONGSIDE A DEVELOPER OF THE CONSTRUCTION OF A ROAD BEHIND OUR COUNTY OWNED PROPERTY, THE JAIL FACILITY, AND THEN THE PR PROS, NEW JUSTICE CENTER.

AND SO THE CITY HAS ASKED, UM, IF THE COUNTY WOULD BE WILLING TO PROPOSE A CONSENSUAL ANNEXATION AND, AND ASK THEM TO TAKE THAT PART INTO THE CITY TO FINALIZE THAT ROAD.

AND SO AS A PART OF THAT, THE CITY ASKED FOR A VOLUNTARY ANNEXATION APPLICATION.

MONIQUE HAS FILLED ALL OF THAT OUT AND THEN, UH, THE CITY WOULD ALSO NEED TO MEET SOME BOUNDS SURVEY.

AND THE PRICE QUOTE THAT WE'VE GOTTEN FROM OUR COUNTY SURVEYOR IS, UH, NINE 50 FOR THE SURVEY AND THE FIELD NOTES.

AND SO THAT'S THE INFORMATION I HAVE ON IT.

JUDGE, YOU KNOW MORE ABOUT THE ROAD CONSTRUCTION PROJECT AND WHY? WELL, IT'S, UH, AND MATT KNOWS MORE ABOUT IT THAN I DO PROBABLY, BUT, UH, IT'S JUST A PROPOSED ROAD THAT THE CITY IS, UH, UH, IT'S A CONNECTOR ROAD THAT WOULD CONNECT BETWEEN THE BYPASS HIGHWAY 34 AND, UH, WOULD OFFER, UH, AN ALTERNATE TO GET BACK TO ONE 75.

IT'S NOT, UH, IT'S NOT FUNDED OR ANYTHING, BUT THE, UH, WHAT DO CALL IT THAT IF IT'S BUILT AND, UH, THE, SOME OF THE LANDOWNERS, MIKE HAS BEEN PART OF THIS TOO.

UM, THEY'RE HOPING THAT SOME OF THE LANDOWNERS WOULD, UH, PARTICIPATE BECAUSE IT WOULD ADVANTAGE THEIR PROPERTY AND IT COULD POTENTIALLY GIVE US A, UH, SOLUTION FOR A SECOND ENTRY INTO THE PROPERTY WHERE THE, UH, JUST THE NEW JUSTICE CENTER WILL BE IN, YOU KNOW, ACCESSING THAT PROPERTY.

[00:50:01]

NOBODY REALLY, NOBODY IN CITY COFFIN REALLY UNDERSTANDS WHY THOSE PROPERTY LINES ARE DRAWN LIKE THAT.

THERE'S A LITTLE PIECE OF OUR JAIL PROPERTY, THERE'S A LITTLE PIECE OF THAT PROBABLY THAT'S IN THE CITY LIMITS AND THE REST OF IT'S OUT AND IT'S A VERY KIND OF A CRAZY LOOKING, UH, PROPERTY LINE.

SO, COMMISSIONER HUNT, DO YOU REMEMBER ANYTHING ELSE ABOUT THAT OR NO.

NO.

THEY JUST REALLY WANT TO SQUARE IT UP WITH THE POSSIBILITY TO SEE IF THEY COULD FIND SOME FUNDING TO DO A ROAD.

YEAH, THIS IS, IS A DREAM RIGHT NOW, BUT YOU KNOW, YOU NEVER KNOW WHERE IT TURNS UP, BUT FOR US, LIKE YOU SAID, THE PROPERTY LINE WAS GOING RIGHT THROUGH THE BACK CORNER OF OUR JAIL FACILITIES.

SO IT'S STRAIGHTENING STUFF UP TO MAKE IT WORK.

YEAH.

LONGTERM.

AND NOT JUST OUR PROPERTY, BUT THERE'S SOME OTHER PROPERTY THAT THE EDC OWNS AND STUFF THAT THEY'RE TRYING TO BRING INTO THAT SAME PROPERTY AND SOME CITY PROPERTY BACK THERE.

NOPE.

I LOOKED AT THIS MAP AND I REALLY COULDN'T FIGURE IT OUT.

WELL, IT NOW INCLUDE OUR, OUR WHOLE PROPERTY OUT THERE WILL BE, WILL BECOME WITHIN THE CITY.

MOST OF IT IS ALREADY, THIS IS JUST A LITTLE TAIL.

SO THE REMAINING PARTS WHERE THE SURVEY COMES IN YOUR DAILY SALES ALREADY, RIGHT.

SO THIS WILL JUST, IT'LL JUST PUT THE REST OF OUR PROPERTY WITHIN THE CITY LIMITS OF ACTUALLY WHAT THEY'RE DOING IS THEY'RE EXTENDING THE PROPERTY LINES OUT PAST SOME OTHER THERE.

THEY'RE NOT REALLY AS INTERESTED IN GETTING OUR PROPERTY IN THE CITY LIMITS, BUT THEY'RE INTERESTED IN THE MOVE IN THE BOUNDARIES OUT PAST US.

IN ORDER TO DO THAT, IN ORDER TO ACCOMPLISH THAT, THEY HAVE TO INCLUDE OUR PROPERTY AND THEY'RE JUST REALLY SQUARING UP THEIR PROPERTY LINES.

DOES THIS PROPOSED ROAD HAVE THE POTENTIAL TO, TO GENUINE POTENTIAL TO CONNECT TO OUR PROPERTY? THE DESIGN THAT I SAW THAT MEANT THAT IT DOES NOT CONNECT TO OUR PROPERTY, BUT WE WOULD HAVE THE OPPORTUNITY, WE MIGHT HAVE TO PROVIDE A LINK TO THAT ROAD DEPENDING ON WHAT THEIR DESIGN IS.

YOU AGREE WITH THAT MAN CITY PROPERTY THAT WE CAN ACCESS THE NEW ROAD THROUGH FROM THE COUNTY PROPERTY? YEAH, IT WOULD GIVE US A EASY WAY TO REACH IT.

YES SIR.

THE COMMISSIONERS, THERE'S A SMALL STRIP OF LAND THAT IS BETWEEN THIS ROAD AND THE JUSTICE CENTER SITE.

UH, THE, UM, SHERIFF'S OFFICE IN JAIL THAT IS OWNED BY THE CITY ALREADY.

SO THAT, AND IT'S ALL ON A MAP.

IT ALL LOOKS LIKE THE SAME PIECE OF LAND PRETTY MUCH, BUT THAT THE CITY OWNS THAT IT'S NOT PRIVATE PROPERTY.

YES SIR.

AND THEN YOU'RE BOUND ON THE, UH, NORTH SIDE BY FLOODPLAIN.

SO THERE WOULD BE, HAVE WE HAD ANY DISCUSSIONS WITH THE CITY SINCE THEY'RE ASKING US TO DO THIS, YOU KNOW, ON THE GENTLEMAN'S AGREEMENT AT LEAST, THAT THAT WAS THE INTENT OF IT ALL.

THAT THEY WERE LOOKING FOR FUNDING FOR A ROAD.

SO DON'T TELL ME THAT THEY, UH, THAT THEY AGREE THAT THEY WOULD, THEY'RE NOT, THEY WOULDN'T BE OPPOSED TO OUR CONNECTIVITY.

NOT IN THE CONVERSATIONS I'VE HAD THERE.

IT'S REALLY, THEY'RE TRYING TO WORK OUT SOMETHING BETWEEN THE COUNTY AND THE, TO TRY TO ACCOMPLISH THE GOAL IS TO DEVELOP THE LAND, GIVE US ACCESS TO THE INDUSTRIES THERE, TO THE SHERIFF'S DEPARTMENT, EVERYTHING ELSE.

SO IT'S KIND OF A, THIS IS KINDA LIKE THE GROUND FLOOR DISCUSSIONS.

YEAH.

IT HAS TO BE DONE.

AND THEN OF COURSE MATT MIGHT ALREADY HAVE IT A DOLLAR AMOUNT AND DREAMED UP EVERYTHING.

NO, I DON'T.

BUT IT IS A VERY HIGH LEVEL PLANNING FOR OPENING THIS AREA UP TO DEVELOPMENT, UM, PROVIDING ACCESS TO THE, TO THE COUNTY PROPERTY AS WELL AS, UM, SOME EDC PROPERTY THAT'S TO THE SOUTH OF YOU.

AND IT WOULD POTENTIALLY, UM, INCREASE MOBILITY IN THIS AREA FOR ACCESS TO AND FROM THE JUSTICE CENTER SITE.

AND, UM, THE BYPASS, I ASK, UH, MR POLLSTER IF, YOU KNOW, THERE'S THE, UH, THE MPO IS, UH, YOU KNOW, ALWAYS INTERESTED IN CONNECTIVITY AND THIS DOES CONNECT, THIS WOULD CONNECT TO STATE HIGHWAYS TO EACH OTHER.

UH, WOULD PROVIDE SOME CONNECTIVITY.

RIGHT.

SO WE'RE GONNA, WE'RE GONNA AT LEAST APPROACH THEM AND ASK THEM IF THEY MIGHT BE, IF THIS MOVES FORWARD IS WHERE THEY MIGHT BE INTERESTED IN HELPING US FUND IT.

RIGHT.

JOHN, SIR, SHERIFF, SINCE THIS IMPACTS YOUR PROPERTY A BIT, DO YOU HAVE ANY COMMENT ABOUT IT? IF WE'RE MOVING EVERYTHING OUT THERE, WE NEED TO GET ANOTHER ACCESS AND SO I'M HOPING THIS BUILDING ANY OTHER QUESTIONS? THANK YOU FOR THAT MAN.

UM, OKAY THEN WHAT'S BEFORE US WOULD BE UH, UH, PROVING AS OUR SUBMISSION TO THE CITY OF CONKLIN VOLUNTARY ANNEXATION APPLICATIONS.

IS THERE A MOTION? I'LL MAKE IT MOSTLY THE MOTION FROM COMMISSIONER HUNT.

IS THERE A SECOND? I'LL SECOND THE SECOND ONE.

COMMISSIONER PHILLIPS DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE OPPOSED? NO.

MOTION CARRIES.

ITEM

[14. David Asbill; Discuss/consider approving cell phone allowance for David Asbill, Children's Shelter Director.]

14, DAVID ASBELL.

DISCUSS CONSIDER APPROVING CELL PHONE ALLOWANCE FOR DAVID

[00:55:01]

ASHEVILLE, THE CHILDREN'S SHELTER DIRECTOR.

UH, DAVID.

FIRST TIME YOU'VE BEEN BEFORE.

IT'S GOOD TO SEE YA.

THANKS.

I APPRECIATE YOUR TIME.

I KNOW Y'ALL ARE VERY BUSY.

WANTED TO COME BEFORE THE COMMISSIONER'S COURT AND JUST ASKED FOR AS A NEW DEPARTMENT HEAD.

UM, AND MY JOB RESPONSIBILITIES, UH, TO INCLUDE THIS IN THE BUDGET, WHICH WOULD BE A BUDGET AMENDMENT.

UH, YOU TAKE CARE OF THAT.

SO ALL IS GOOD.

IF YOU NEED ANYTHING, DETAILS OR SPECIFIC INFORMATION.

KAREN.

UM, QUESTIONS? NO.

UH, I'VE TRIED TO CALL YOU ON YOUR CELL PHONE THE OTHER DAY.

I'LL BE GLAD WHEN YOU GET A NEW NUMBER BECAUSE THAT ONE WAS DISCONNECTED I THINK.

UH, ALRIGHT.

THANK YOU DAVID.

WE APPRECIATE THAT.

WHAT'S BEFORE US? WHAT DO YOU CONSIDER TAKING APPROPRIATE ACTION TO APPROVE A CELL PHONE ALLOWANCE FOR THE CHILDREN'S SHELTER DIRECTORS? OUR MOTION.

I'LL MAKE A MOTION WHERE THE EMOTIONAL COMMISSIONER PHILLIPS, IS THERE A SECOND CHECK? COMMISSIONER BARBER DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

LET'S SUPPOSE NO, THAT MOTION CARRIES.

NEXT

[15. Commissioner Phillips; Discuss/Consider the purchase of 2018 Ledwell 2000WT water truck. S/N0218- 155804-3 in the amount of $74,000.00 utilizing Buy Board.]

ITEM 15 COMMISSIONER PHILLIPS DISCUSS CONSIDER THE PURCHASE OF A 2018 LEDWELL WATER TRUCK MOUNTAIN WATER TRUCK FOR EXAMPLE.

I JUST WANT YOU TO THINK THOUGH IN THE NEW ONE'S AUTOMATIC, EVERYBODY GRAB IT.

SO THE QUESTION WAS A LITTLE SMALLER ON FOR NO QUESTIONS THAT ARE EMOTION.

I'LL MAKE A MOTION THAT I CAN BUY A WATER TRUCK.

COMMISSIONER PHILLIPS MAKES A MOTION FOR THE PURCHASE OF THAT 2018 WATER TRUCK.

IS THERE A SECOND? SECOND.

SECOND.

COMMISSIONER HUNT.

DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

THOSE OPPOSED? NO, THAT MOTION CARRIES.

NEXT STEP.

RAIL.

SMITH.

YES MA'AM.

BAM.

THANK YOU.

RACHEL

[16. Raylan Smith; Discuss and consider four (4) 24-month John Deere Financial Lease Renewal Agreements for the following equipment: (2) 2017 LOADER BACKHOE & 24" BUCKET, (1) 2017 COMPACT TRACK LOADER & GRAPPLE BUCKET, (1) 2017 MOTOR GRADER; utilizing Buyboard Contract #529-17 for Precinct #3.]

SMITH'S GUSHING SUGAR FOR 24 MONTH.

JOHN DEERE FINANCIAL LEASE AGREEMENTS FOR A LOADER BACKHOE, A COMPACT LOADER AND GRAPPLE TRUCK OR MOTOR GRADER.

UM, GOOD MORNING.

WHAT YOU HAVE IS JUST A LIST.

I COMPILED A LIST OF THE EQUIPMENT.

UM, PRECINCT THREE ALREADY HAS IT.

WHAT WE'RE GOING TO DO IS JUST EXTEND THE CURRENT LEASE FOR AN ADDITIONAL 24 MONTHS ON PROPERTY.

ON EQUIPMENT.

YEP.

QUESTIONS? YEAH, I'VE GOT ALL THE PAPERWORK JUST CAME THROUGH THIS MORNING.

YEAH.

NO, I GOT IT FOR YOU THIS MORNING.

UM, OKAY.

IS THERE A MOTION? I'LL MAKE A MOTION.

WE APPROVE.

WE HAVE MOTION FROM COMMISSIONER BARBARA TO APPROVE, UH, THE LEASE AGREEMENTS.

IS THERE A SECOND? SECOND.

SECOND FROM CHRISTOPHER PHILLIPS.

DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED? NO, THAT MOTION CARRIES.

ITEM

[17. Raylan Smith; Discuss and consider approving Contract for 2019 Kaufman County Bond Program - Construction Manager-Agent Services (RFQ 20-16) between Gallagher Construction and Kaufman County.]

17, RAVEN.

AGAIN DISCUSS, CONSIDER APPROVING CONTRACT FOR 2019 COUNTY BOND PROGRAM, CONSTRUCTION MANAGER, AGENT SERVICES BETWEEN GALLAGHER CONSTRUCTION AND KAUFMAN COUNTY.

JUST REAL BRIEFLY, I WANTED TO LET YOU KNOW THERE WERE THREE SEPARATE CONTRACTS THAT I'M WANTING TO MAKE SURE THAT YOU UNDERSTOOD WHAT ALL THREE OF THEM, UH, ALLOWED THE COUNTY AND GALLAGHER'S.

SO THE A ONE 32 JUST SIMPLY STATES THAT THEY ARE, THEY SERVE IN AN ADVISORY CAPACITY FOR KAUFMAN COUNTY.

UM, AND THAT THEY DO KNOW CONSTRUCTION THROUGHOUT THE PROJECT.

THE 82 32 DESCRIBES THE RELATIONSHIP BETWEEN THE COUNTY, THE CONTRACTORS THAT WE WILL BID AND HAVE CONTRACTS WITH AS WELL AS THE CONSTRUCTION MANAGER AND ARCHITECT.

SO IT SEPARATES ALL FOUR OF THE INDIVIDUALS.

AND THEN C ONE 32, UH, DEFINES AGAIN THAT THEY SOLELY ARE THERE TO ADVISE AND ALSO LET YOU KNOW, UM, THE COMPENSATION BASE THAT THE COMPENSATION IS BASED ON THE CONSTRUCTION BUDGET.

AND ONCE THAT BUDGET IS SET, WHICH WE SHOULD KNOW WITHIN THE NEXT MONTH OR SO, THEN THEIR FEES ARE ALSO SET.

SO IT WILL NOT MATTER IF THE CONSTRUCTION COSTS UP THROUGHOUT THE DURATION OF THE PROJECT.

WE WILL HAVE A SET FEE GOING INTO CONSTRUCTION.

IT WAS A LOT OF PAPERWORK.

ALL IN ONE QUESTIONS.

OKAY.

IF THERE'S NO QUESTIONS, UH, LOOKING FOR A MOTION TO APPROVE CONTRACT FOR 2019 COUNTY BOND PROGRAM, CONSTRUCTION MANAGER AGENT SERVICES, RFQ 2016.

I'LL MAKE THAT MOTION.

WHERE DID THAT MOTION COMMISSIONER CATES.

IS THERE A SECOND? A SECOND SEC.

COMMISSIONER PHILLIPS DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

THOSE

[01:00:01]

OPPOSED? NO, THAT MOTION CARRIES.

[18. Raylan Smith; Discuss and consider the purchase of a new 2020 John Deere 333G and JRB Grapple, in the amount of $72,860.00; utilizing Sourcewell Contract #032119-JDC for Precinct #4.]

AUTOMATE TEEN RAYLAND DISCUSS.

CONSIDER PURCHASE OF A NEW 2020 DEAR THREE 33 G AND JRB GRAPPLE IN THE AMOUNT OF 70 2008 60 PRECINCT BOARD IS GOING TO BUY A SKIDSTEER AND WE'RE GOING TO PURCHASE IT.

THERE WILL BE NO FINANCE QUESTIONS IF THERE ARE NO QUESTIONS.

IS THERE A MOTION? I'LL MAKE THAT MOTION.

WE HAVE A MOTION FOR APPROVAL OF THAT PURCHASE FROM COMMISSIONER AND CASE.

IS THERE A SECOND? SAY ONE SEC.

COMMISSIONER HUNT.

DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE OPPOSED? NO.

THAT MOTION CARRIES.

[19. Raylan Smith; Discuss and consider permission to solicit RFP 20-20: Kaufman County IP Surveillance / Camera System - Equipment, Installation, and Maintenance.]

UM, 19 UH, DISCUSS.

CONSIDER PERMISSION TO SOLICIT RFP 2020 COFFIN COUNTY IP SURVEILLANCE CAMERA SYSTEM.

SO THIS WILL BE FOR NEW APP USE SURVEILLANCE CAMERA SYSTEMS AT THE COURTHOUSE.

ALSO PORTIONS OF THE ANNEX AND WE ALSO ARE LOOKING AT THE CHILDREN'S SHELTER AS WELL.

UM, THESE SPECIFICATIONS ARE HAVE BEEN FORWARDED TO OUR CONSULTING AS FAR AS UH, NEW CONSTRUCTION WITHIN THE JUSTICE CENTER AND ALSO WHEN WE RENOVATE THESE BUILDINGS, JUST TO MAKE SURE THAT EVERYONE'S ON THE SAME PAGE AS WHAT WE'RE INSTALLING, UH, JUST SALUTING.

W WHAT IS IT T WHEN ARE YOU ASKING FOR THOSE BIDS TO BE RETURNED? I IT, WE'RE GOING TO DO PROBABLY A 45 DAY TURNAROUND ON THIS CONTRACT AND WE ALSO WENT AHEAD AND INCLUDED MAINTENANCE.

THAT WAY WE CAN DO AT LEAST A TWO YEAR MAINTENANCE AGREEMENT ON ALL EQUIPMENT AND JUST TO KEEP OUR INVOICES TOGETHER.

QUESTIONS THEN, UH, IS THERE A MOTION TO APPROVE SOLICITATION OF RFP? 2020 IS PRESENTED WITH THAT MOTION WHERE COMMISSIONER BARBERS OR SECOND, I'LL SECOND IT THEN SECOND FROM COMMISSIONER KATE'S DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE OPPOSED? NO, THAT MOTION CARRIES.

COMMISSIONED

[20. Commissioner Cates; Discuss/Consider adding Funding Document to all future Kaufman County contracts.]

CASE DISCUSS.

CONSIDER ADDING FUNDING DOCUMENT TO ALL FUTURE COUNTY CONTRACTS.

SO THIS IS JUST TO CLOSE THE LOOP ON THE DISCUSSION THAT WE HAD AT OUR LAST COMMISSIONER'S COURT.

UM, THIS IS A DOCUMENT THAT, UH, WAS, UH, WAS CREATED AND, UH, LARGELY DESIGNED BY THE PURCHASING AGENT'S OFFICE AND, UH, SIMPLY BE A REQUIREMENT THAT FOR ALL FUTURE CONTRACTS THAT THIS DOCUMENT, UH, WHICH, UH, SERVES REALLY THE PURPOSE, UH, VERY SIMILAR TO, UH, MR POLLSTERS FUNDING MEMOS THAT IT CLEARLY IDENTIFIES THE SOURCE OF FUNDING FOR ANY CONTRACT, UH, IDENTIFIED AS THE COUNTY'S REPRESENTATIVES IN THOSE CONTRACTS.

UH, IT, UH, IT, IT DOCUMENTS THE CONCURRENCE OF THE COUNTY AUDITOR RELATED TO ACCURACY OF THE FUNDING SOURCES, UH, AVAILABILITY OF FUNDS, THAT SORT OF THING AS WELL AS, UH, THE COUNTY JUDGES OFFICE AND, UH, AS APPROPRIATE A REPRESENTATIVE FROM THE COURT, WHICH OBVIOUSLY COULD ALSO BE A COUNTY JUDGE.

SO THIS DOCUMENT ALSO HAPPENS TO BE A, A, A, AN, AND MAYBE RAYLAND CAN SPEAK TO IT.

IT HAPPENS TO BE A LIVING, UH, OR, OR AN ACTIONABLE, UM, UH, XL DOCUMENT THAT, THAT, UH, THROUGH THE COURSE OF THE CONTRACT WE'LL ALSO TRACK EXPENDITURES AND FUND BALANCES.

AND, UH, AND THEN WE'LL ALSO, UM, BE FINALIZED AT THE CLOSE OUT OF THE CONTRACT, WHICH WOULD THEN DOCUMENT ALL THE EXPENDITURES ON THE RESOLUTION OF THAT CONTRACT.

SO THIS, UH, THIS MOTION JUST REQUIRES THAT THIS DOCUMENT, UH, BECOME PART, UH, A STANDARD PART OF OUR CONTRACTING PROCESS, UH, THAT IT FLOWS THROUGH ALL THESE INVOLVED PARTIES AND, UH, AND UH, MAKE SURE THAT EVERYONE'S ON THE SAME SHEET OF MUSIC AND THAT THE MONEY THAT THE COUNTY CHOOSES TO EXPAND IS THERE, IS PROPERLY SOURCED AND, UH, THAT ALL THE CONCERNED PARTIES FROM, UH, THE CONTRACTING OFFICE THROUGH THE COMMISSIONER'S COURT ARE AWARE OF WHAT'S GOING ON AND IT'LL PRESERVE THAT INFORMATION FOR POSTERITY WHEN WE'RE ALL LONG GONE.

UH, FAIR QUESTIONS.

WOULD YOU CARE TO MAKE A MOTION? I'LL MAKE A MOTION THAT THIS DOCUMENT BE INCLUDED IN ALL OUR FUTURE CONTRACTING ACTIONS.

UH, WE HAVE THAT MOTION.

COMMISSIONER CATES.

IS THERE A SECOND ALSO SECOND COMMISSION.

BARBARA DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

THOSE OPPOSED? NO.

MOTION CARRIES EXCEPT COMMISSIONER

[21. Commissioner Cates; Motion to approve road agreement between Kaufman County and Lily Solar for use of County Road 4096 located in Precinct 4.]

KATE'S MOTION TO APPROVE WROTE AGREEMENT BETWEEN KAUFMAN COUNTY AND LILLY SOLAR FOR USE OF COUNTY ROAD 40 96.

SO, UH, THIS WAS A FORMALIZATION OF THE, OF THE ROAD USE AGREEMENT THAT WE REQUIRED, UM, IN OUR NEGOTIATIONS WITH THE SOLAR PROJECT, UH, RELATED TO THEIR CONSTRUCTION OUT THERE.

[01:05:01]

UH, BASICALLY IT REQUIRES THE, THE UH, THE COMPANY TO ESCROW 15,000.

THAT WAS OUR COST ESTIMATE TO DO ANY REPAIRS FOR THAT PORTION OF THE COUNTY ROAD.

THAT WILL BE IMPACTED.

QUESTIONS IF FOR NO QUESTIONS.

UH, IS THERE A MOTION TO APPROVE THAT ROAD AGREEMENT? I'LL MAKE THAT MOTION.

WE HAVE THAT MOTION FROM COMMISSIONER AND KATE'S IS THERE A SECOND? A SECOND.

SECOND FROM COMMISSIONER PHILLIPS.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

THOSE OPPOSED? NO, THAT MOTION CARRIES.

COMMISSIONER HUNT,

[22. Commissioner Hunt; Discuss/Consider approving an Interlocal Corporation Agreement with the City of Post Oak Bend for road work projects.]

DISCUSS, CONSIDER APPROVING INNER LOCAL COOPERATION.

GREEN WITH CITY OF POST-STROKE BAND FOR ROAD WORKS PROJECTS.

IT'S JUST A PROJECT AGREEMENT.

WE HAVE ALREADY HAVE BEEN A LOCAL AGREEMENT WITH POST OBION AND THIS IS A PROJECT AGREEMENT TO DO SOME MOWING FOR THEM SEVERAL TIMES THIS SUMMER.

SO I'D MAKE A MOTION TO GO AHEAD AND ACCEPT THE PROJECT AGREEMENT SO THEY GET THE MONEY IN ESCROW AND WE CAN GET STARTED.

WE HAVE A MOTION FOR APPROVING AN INNER LOCAL AGREEMENT FROM COMMISSIONER HUNT.

IS THERE A SECOND? I'LL SECOND SEGMENT.

COMMISSIONER CAGE DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE OPPOSED? NO, THAT MOTION CARRIES.

NEXT UP BRENDA SAMPLES DISCUSS.

CONSIDER APPROVAL OF THE 2020 HELP AMERICA VOTE.

ACT CARES ACT JUST SKIPPED

[23. Commissioner Hunt; Discuss/Consider approving an Interlocal Agreement with the City of Talty for road projects.]

ONE.

YEAH.

YUP, YES.

OH, I'M SORRY.

ARE THEY, IT LOOKED EXACTLY THE SAME AS THE OTHER COMMISSIONER HUNT.

OH ACTUALLY IT'S NOT A PROJECT AGREEMENT YET.

THIS IS IN A LOCAL AGREEMENT BEFORE THE PROJECT AGREEMENT.

SO, UH, ANYWAY, WE'RE GOING TO GET INTO A, YOU KNOW, LOCAL AGREEMENT WITH THE CITY OF TALTI TOO.

THEY WANT US TO DO SOME WORK FOR THEM.

SO THIS IS FIRST STEP.

WHAT YOU CARE TO MOTION.

MAKE A MOTION TO APPROVE MIKE EMOTIONS WITH COMMISSIONER.

HOW IT MAKES A MOTION TO APPROVE THAT INNER LOCAL AGREEMENT WITH THE CITY OF TALTI.

IS THERE A SECOND? I'LL SECOND.

SECOND.

COMMISSIONER PHILLIPS DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

AYE.

THOSE OPPOSED? NO, THAT MOTION CARRIES.

[24. Brenda Samples; Discuss/Consider approval of the 2020 Help America Vote Act (HAVA) CARES Act for Kaufman County.]

THIS IS CALLED AFTER BRENDA SAMPLES, BUT I SEE THERESA THERE.

UH, DISCUSS.

CONSIDER APPROVAL OF THE 2020 HELP AMERICA VOTE ACT.

HELLO.

OKAY.

SO THIS IS THE MONEY THAT THE STATE AND UH, THE GOVERNMENT HAS ALLOWED THE ELECTIONS DEPARTMENT TO FOR EVERY COUNTY TO BE ABLE TO HELP WITH THE ELECTIONS, ESPECIALLY DURING THIS KOBE, NOT 10.

UH, THEY ARE GIVEN EVERY COUNTY MONEY, UM, TO BE ABLE TO FUNCTION AND HELP OUT WITH I THINK THROUGH NOVICK.

I THINK IT'S THROUGH NOVEMBER OF THIS YEAR THAT WE HAVE TO SPEND THIS MONEY ON ANYTHING THAT WOULD HELP US TOWARDS, UH, MAKING THE ELECTIONS SMOOTHER, MORE EQUITABLE AND BETTER FOR THE PUBLIC WITH THE KOBE NOT TEAM.

SO, UM, THAT'S ALL I KNOW ABOUT IT EXCEPT FOR, YOU KNOW, WE'VE, I HAVE BEEN GOING OUT AND GETTING QUOTES FOR EQUIPMENT AND DIFFERENT THINGS THAT WOULD HELP OUT WITH THE ELECTION.

I DON'T POST, I HAVE THEM IN THE OFFICE, BUT JUST SO THAT WE CAN KNOW WHAT WE CAN SPEND IT ON AND IT DOES THAT OF COURSE HAVE TO BE ON ANYTHING TO DO WITH ELECTIONS.

SO THIS IS ESSENTIALLY WHAT WE'D BE ASKING TO APPROVE A GRANT APPLICATION.

EXACTLY.

NONE OF THOSE.

YEAH, NO OBLIGATION.

ON THE PART OF THE COUNTY OTHER THAN JUST THE, THEY WANT TO, THEY WANT, UH, ACTION FROM THE COMMISSIONER'S COURT, LIKE ANY OTHER GRANT APPLICATION.

BUT IF YOU LOOK AT WHAT ALL IS REQUIRED FOR ALL THAT AND WELL, YEAH.

UM, WHAT WE HAVE TO SPEND IT ON.

YEAH.

THERE'S GOING TO BE A LOT OF LEG WORK AND PAPERWORK TO GET THE MONEY.

I DON'T KNOW.

OF COURSE THERE WOULD BE PAPERWORK TO GO THROUGH TO GET THE MONEY, YOU KNOW, BUT UH, I BELIEVE THAT ONCE WE ARE GRANTED THE MONEY, I BELIEVE THAT IT'S SUPPOSED TO GO INTO AN ACCOUNT AND HERE.

OKAY.

AND THEN, UH, IF I UNDERSTAND THE PAPERWORK CORRECTLY, MA'AM, THERE'LL BE REPORTING, THERE'LL BE REPORTING REQUIREMENTS AND THAT SORT OF THING AFTER IT'S OVER WHAT IT DOES IT, THE GOOD THING ABOUT THIS ONE IS IT'S NOT A MULTI-YEAR GRANT.

IT'S GOING TO BE DEAD AND GONE BY THE END OF THE ELECTION PROBABLY.

SO YES.

BUT IT DOES REQUIRE MUCH IN FRONT OF THE COUNTY IS $22,000.

WE WON'T HAVE ANY TROUBLE I DON'T THINK.

COME ON.

I'M JUST SAYING.

YEAH, WE MENTIONED THAT WITH NO MONEY, BUT THERE IS MONEY AND WHERE WE ARE MATCHING AND WE DO HAVE THE CHAPTER 19 FUNDS IF THEY'RE ALLOWING US TO GET THE MATCH FROM AND WE DO HAVE THE MONEY IN THE CHAPTER 19 TO MATCH.

YEAH, NO ADDITIONAL MONEY I GUESS I WOULD SAY.

AND WHAT IS THIS MONEY OUT OPEN THAT WE DIDN'T GET SOMETHING? WHAT IS THIS? WHAT WILL IT FUND? WHAT DO WE THINK THIS MONEY WILL FUND? IT HAS TO BE USED TO FUND THE ELECTIONS, UM, THAT WE CAN, IF I UNDERSTAND CORRECTLY, WE CAN GET ANYTHING THAT WOULD HELP WITH THE ELECTION.

SO I, UH,

[01:10:01]

I LOOKED AT A HIGH SPEED, UH, COUNTER FOR MAIL BALLOTS THAT WOULD COUNT BALLASTS A LOT FASTER THAN WHAT WE HAVE NOW.

UH, BECAUSE WE LOOK FOR MAIL BALLOTS TO PICK UP.

I LOOKED AT, UH, EXCUSE ME, I LOOKED AT LIKE CURBSIDE VOTING THINGS THAT WOULD HELP MAKE CURBSIDE VOTING EASIER BECAUSE I BELIEVE CURBSIDE VOTING IS GOING TO PICK UP FOR THESE ELECTIONS, ESPECIALLY THIS YEAR.

I THINK YOU TOLD ME, BRENDA TOLD ME THAT THE, WE HAVE A DEVICE THAT WE USE FOR CURBSIDE VOTING, BUT IT'S REAL HEAVY, CUMBERSOME AND, AND RIGHT.

YES SIR.

IT IS.

IT'S VERY HEAVY AND WE GET A LOT OF COMPLAINTS FROM OUR POLL WORKERS.

WE, BUT I'VE LOOKED INTO LIKE AT LEAST FOUR FOR EARLY VOTING, UM, THAT THEY CAN USE TO GET THE CURBSIDE VOTING.

HOPEFULLY IT'LL BE EASIER.

AND I'VE LOOKED AT THAT, GOT QUOTES FOR THAT.

UH, WE'RE LOOKING AT GETTING PENCILS BECAUSE ERASERS WORK ON THE TOUCH SCREEN.

UM, SO I'M LOOKING INTO ORDERING PENCILS WITH THE RISERS ON THEM SO THAT THEY CAN VOTE WITH THE ERASERS, TAKE THE PENCIL WITH THEM, YOU KNOW, THAT'LL HELP WITH THE SPREAD OF THE COBIT.

SO, AND CAN WE USE THIS MONEY FOR, UH, FOR ELECTION JUDGE SALARIES FOR COPS IF WE NEED EXTRA JUDGES AND STUFF LIKE THAT? WE SURE CAN.

WE JUST HAVE TO HAVE ALL THE DOCUMENTATION.

I HAD EMAILED ME TO SIGN DOCUMENTS SO I COULD LOOK AT ALL THE GUIDELINES AND WHAT WE HAD AND WE JUST HAVE TO SPEND IT BY THE 30TH OF NOVEMBER, CORRECT.

YEAH.

SO I'D SAY THAT THEY BETTER REALLY SPEND IT ON SOME OF THOSE MAILING BALLOT.

I THINK IT'S GOING TO PRAY THAT THEY'RE GOING TO KEEP THIS UP AND IT'S GOING TO BE A BIG MAIL INVALID.

I'M AFRAID OF THAT TOO.

ACTUALLY.

THAT'S GOING TO BE SCARY.

WE DON'T HAVE THE CAPACITY WITHOUT A HIGH SPEED SCANNER AT THIS TIME, BUT I MEAN WE WOULD, WE WOULD DO WHAT WE HAVE TO DO, BUT IF WE CAN'T AFFORD THAT, THAT WOULD BE GREAT.

NO, NO, NO.

RIGHT.

ANY OTHER QUESTIONS? WELL THEN, UH, YOU'RE LOOKING FOR A MOTION FOR APPROVAL OF THE GRANT APPLICATION FOR THE 2020 HELP AMERICA VOTE ACT.

I'LL MAKE A MOTION.

WE HAVE THAT MOTION FROM COMMISSIONER PHILLIPS.

IS THERE A SECOND? SECOND.

SECOND.

COMMISSIONER HUNT DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE, THOSE OPPOSED? NO, THAT MOTION CARRIES.

THANK YOU THERESA.

THANK YOU.

[25. Steve Howie; Discuss/Consider approval of Resolution for the Coronavirus Relief Fund (CRF) by the Texas Division of Emergency Management.]

NEXT UP 25, SHE WHO WE DISCUSSED CONSIDER APPROVAL OF RESOLUTION FOR THE CORONAVIRUS RELIEF FUND BY THE TEXAS DIVISION OF EMERGENCY MANAGEMENT.

SAME SONG.

SECOND VERSE.

NOW THIS ONE, THERE'S NO MATCHING FUNDS TO IT.

ONCE THE DOCUMENTATION IS SIGNED, THE COUNTY WILL RECEIVE, UH, IMMEDIATELY, 20% OF THE ALLOCATION.

UH, 763,000, $521.

WE CAN RECEIVE UP TO 3 MILLION, 817,000, $605.

AND THIS IS FOR ANYTHING RELATED TO THE VIRUS IN OUR RESPONSE.

UM, LAST THURSDAY WE TALKED ABOUT GETTING OUR COURTS OPEN.

WE'RE GOING TO NEED A LOT OF MASKS TO DO THAT WITH.

WE'RE GOING TO NEED SOME MASKS FOR ALL OF OUR DEPARTMENTS AND STUFF.

SO THAT'S WHAT THIS MONEY IS FOR, TO PURCHASE THOSE THINGS THAT WE NEED SO IT DOESN'T ADVERSELY IMPACT OUR BUDGETS.

SO I THINK IT'S AN AWFUL GOOD THING.

UH, EVERYTHING I'VE SEEN, THIS IS PROBABLY ONE OF THE BEST DEALS THAT WE CAN GET FROM OUR WONDERFUL FEDERAL GOVERNMENT.

WELL, IT, UM, WELL THE PAPER, I LOVE THE EMPLOYED SANITIZE OR SOMETHING LIKE IT.

I BELIEVE THAT IT CAN BE USED TO PR TO PAY FOR SOME PEOPLE TO, UH, SPEND MORE TIME AND MORE TIME DOING THAT.

UH, I THINK I SENT EVERYBODY, UH, OR I THOUGHT I DID SEND EVERYBODY THE GUIDANCE ON IT.

IF I DIDN'T LET ME KNOW AND I'LL SEND IT AGAIN.

I DON'T REMEMBER SEEING THE, THAT'D BE ADDITIONAL.

I MEAN YOU HAVE TO BE ABLE TO APPROVE OF THAT.

WHAT YOU, IT'S NOT JUST PAYING YOUR REGULAR PEOPLE.

IT'S GOT TO BE SOME, IT'S OVER AND ABOVE ANYTHING.

WE ALREADY LIKED THE ONE THAT I SENT TO YOU ABOUT, CAUSE WE HAVE A FRONT BEDROOM AND IT'S HARD TO KEEP CONTROL OF IT IF YOU DON'T HAVE SOMEBODY SAYING IT AS IF YOU HIRED AN A 10% OF TEMPORARY EMPLOYEE TO DO NOTHING.

SANITIZE AWAY WOULD RECOVER THAT.

OKAY.

AND IT COULD BE THE SAME WAY IN THE COURT, IN THE COURT BATTLING, YOU KNOW, EIGHT QUARTER IN THE BATHROOMS HERE WHEN WE START OCCUPY THEM MORE.

OKAY.

AND I WOULD LIKE TO SEE US SPEND THIS MUCH SO THAT WE CAN 3.8 MILLION AS WE CAN.

I GUESS.

HAVE THE JUDGES TALK TO YOU ABOUT IT BECAUSE THEY'RE JUST IN PASSING.

HIM PASSED A COUPLE OF JUDGES, THREE JUDGES AND THEY WERE TALKING ABOUT KIND OF WHAT THEY WERE TALKING ABOUT, SANITIZING AFTER EVERY COURT AND ALL THAT.

I MAY NOT TELL.

I WAS TELLING HIM ABOUT, YOU KNOW, THE FIRE SERVICE NAMELESS, DOES THIS STUFF

[01:15:01]

HAVE THE MRES OR ATOMIZERS OR WHATEVER YOU CALL THEM WITH THE ANTISEPTIC IN IT.

I MEAN IF THEY REACHED OUT TO YOU TO SEE WHERE THEY COULD POSSIBLY GET SOMEONE, I HAVEN'T HEARD FROM THEM, BUT THAT STUFF IS A LOT BETTER THAN GOING AROUND AND WIPING EVERYTHING DOWN AS FAR AS TIME AND KEEP EVERYTHING EFFICIENT.

THE CDC SAID YOU CAN'T GET IT FROM TOUCH SURFACES.

YEAH.

BUT THEY IT ANYWAY.

SO THAT MIGHT EVEN BE A CONTRACT THAT YOU CAN ACTUALLY HIRE OUT.

OKAY.

WE COULD, WE COULD HIRE SOMEBODY TO DO THAT.

WE COULD PURCHASE THE EQUIPMENT, HIRE TEMPORARY PEOPLE TO DO IT.

IT'S GOT A LOT OF OPTIONS IN IT FOR US.

AND UM, THE INITIAL AMOUNT WE WOULD GET IMMEDIATELY WHEN WE SIGN THIS, WE DO HAVE TO JUSTIFY THE EXPENDITURES AND THEN THE REST OF THAT AMOUNT WE WOULD HAVE TO SEEK REIMBURSEMENT FOR.

SO YES.

VERY UNUSUAL PROGRAM WHERE THEY ADVANCED THAT MONEY LIKE THAT.

I'VE NEVER SEEN ONE BEFORE.

YEAH.

ESPECIALLY IN THAT AMOUNT.

UM, LET'S GO FOR IT.

OKAY.

SO ANY OTHER QUESTIONS? NOPE.

AND I'D BE LOOKING FOR A MOTION TO APPROVE A RESOLUTION FOR THE CRONE OF IRISH RELIEF ON APPLICATION TO TEXAS DIVISION OF EMERGENCY MANAGEMENT.

I'LL MAKE A MOTION.

WE HAVE THAT MOTION FOR APPROVAL FROM COMMISSIONER BARBARA.

IS THERE A SECOND? I'LL SECOND.

SECOND WITH COMMISSIONER PHILLIPS.

DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE, THOSE OPPOSED? NO, THAT MOTION CARRIES.

NEXT UP, REBECCA

[26. Rebecca Lundberg; Discuss/Consider adopting Kaufman County Local Alcohol Distance Regulations pursuant to TABC Sect. 109.33]

LUMBERGH DISCUSSED CONSIDER ADOPTING COPPIN COUNTY LOCAL ALCOHOL REGULATIONS PURSUANT TO TABC SECTION ONE OH 9.33 AND THEN YOU'VE GOT ME LISTED.

BUT THIS IS A JOINT EFFORT WITH COMMISSIONER KATE'S.

UM, I NOTICED THAT YOU GUYS DIDN'T HAVE THE ATTACHMENTS IN THE, IN THE FULL ATTACHMENT PDF.

DID YOU GET A COPY OF THE, OKAY.

UM, I'M GOING TO WALK THROUGH BOTH OF THE DOCUMENTS THAT WAY YOU GUYS UNDERSTAND EXACTLY WHAT THEY ARE.

AND WHAT THIS PERTAINS TO IS, I'M SURE YOU'RE FAMILIAR THAT WHEN YOU HAVE A LIQUOR STORE, NORMALLY THERE'S A CERTAIN AMOUNT OF DISTANCE THAT YOU HAVE TO BE FROM A SCHOOL OR A MATURED, THAT TYPE OF THING.

SO WE HAVE, KAUFMAN COUNTY HAS A LOT OF THOSE REGULATIONS.

IN THE INCORPORATED AREAS.

UM, BUT AFTER A THOROUGH SEARCH FROM OUR COUNTY CLERK'S OFFICE, WE WERE NOT ABLE TO FIND THOSE REGULATIONS IN THE UNINCORPORATED.

AND SO COMMISSIONER KATES HAD AN INQUIRY ABOUT THIS AND HIS PRECINCT IN THE UNINCORPORATED AND BECAUSE THE COUNTY IS GROWING SO MUCH, UM, I THINK THERE MAY BE SOME INTEREST BY THE COURT TO ADOPT THESE REGULATIONS FOR THE REST OF THE COUNTY, NOT JUST THE AREAS WITHIN THE CITIES.

SO THE FIRST DOCUMENT, UM, MAKES THE DISTANCE REGULATIONS AFFECTED FOR THE UNINCORPORATED AT 300 FEET FROM ANY SCHOOL, CHURCH, PUBLIC OR PRIVATE, UM, PUBLIC OR PRIVATE SCHOOL, PUBLIC HOSPITAL AND DAYCARES.

AND THEN IT COULD GO UP TO A THOUSAND FEET UPON A REQUEST FROM THE SCHOOL AND THEIR BOARD.

AND THEN THE COMMISSIONER'S COURT WOULD PROCESS THAT REQUEST AND I CAN GET THE COUNTY JUDGE'S OFFICE A FORM THAT THEY CAN SUBMIT AND THEN YOU GUYS WOULD TAKE IT BACK TO COURT AND APPROVE IT.

UM, THE SECOND PART OF IT IS THIS DOCUMENT HERE, WHICH IS CALLED AN AFFIDAVIT OF MEASUREMENTS AND SUPPORTIVE TABC PRE QUALIFICATION PACKET.

IT REQUIRES A SURVEY SO THAT THE APPLICANT ACTUALLY HAS A, AN ENGINEER OR A REGISTERED SURVEYOR NOTING THAT WE ARE 300 FEET FROM THIS CHURCH OR, OR A THOUSAND FEET DEPENDING ON, UM, FROM, FROM A SCHOOL THAT'S APPLIED AND GOTTEN APPROVED.

AND THAT WAY THE BURDEN IS NOT ON TBC, WILL NOT DO THIS.

UM, AND THEN A LOT OF CLERKS OFFICES HAVE TO DO THE MEASUREMENTS AND IT'S NOT EXACTLY AS PRECISE AS IT COULD BE.

AND SO COUNTIES, UM, IN RECENT HISTORY HAVE ADOPTED THIS AFFIDAVIT WHERE YOU'RE ACTUALLY HAVING SOMEONE CERTIFY THAT IT IS CERTAIN DISTANCE AND IT JUST TAKES OUT THE LEGWORK AND MAKES IT REALLY PRECISE.

UM, DO YOU GUYS HAVE ANY QUESTIONS ABOUT THAT STATUTE IN PARTICULAR OR, UM, WHETHER OR NOT YOU WANT THE AFFIDAVIT? THIS WAS, UH, THIS, THE GENESIS OF THIS WAS WE GOT SOME INQUIRIES, UH, UP IN THE HEARTLAND AREA REGARDING, UH, ALCOHOL SALES AND IN THE PROXIMITY OF A, NOT EVEN COMPLETED SCHOOL, BUT I PLANTED SCHOOL.

AND, UH, SO AFTER DISCUSSION WITH THE ATTORNEYS, WE DISCOVERED WE REALLY JUST HAD NO KNOWN AUTHORITY, UH, SIMILAR TO HOW CITIES AND MUNICIPALITIES CAN, CAN, UH, UM, ENFORCE THOSE KINDS OF DISTANCE RESTRICTIONS.

SO, UH, FINDING NONE, WE, WE HAD DETERMINED THAT WE WOULD AT LEAST CRAFT SOME AND SEE IF THE COMMISSIONER'S COURT WANTED TO ENTERTAIN THAT.

SO I MEAN, WHAT IS, WOULD THIS COULD WORK LIKE IN A, IN A MUD OR A SUN OR SOMETHING LIKE THAT.

THEY HAD THAT DONATE THE LAND FOR A SCHOOL AND THEN LATER THEY MIGHT HAVE SOME COMMERCIAL PROPERTY THERE THAT WILL STILL APPLY INSIDE OF A MUD

[01:20:01]

OR SOMETHING.

IT WOULD, YES.

IT'S UNINCORPORATED.

IS IT THE PROPERTY ACTUALLY BUILDING THE BUILDING? I DON'T KNOW THAT.

I'M SORRY.

IS IT BUILDING TO BUILDING OR IS IT PROPERTY TO PROPERTY? I THINK IT'S, IT'S FRONT AD'S FRONT DOOR.

YEAH, IT'S NORTH FRONT DOOR.

AND I HAVE A SAMPLE SURVEY THAT'S ACTUALLY ATTACHED TO THE AFFIDAVIT.

SO IT EXPLAINS TO THE PERSON WHO'S APPLYING HOW TO DO THAT.

UH, REBECCA WOULD, WOULD THE DEFINITION OF A PRIVATE SCHOOL INCLUDE DAYCARE OR, OR SHOULD THAT BE SOMETHING THAT WE WOULD ADD TO THEIR CREW? WE ADD THAT BECAUSE YOU KNOW, A LOT OF DAYCARES ACTUALLY WOULD CLAIM TO BE A SCHOOL.

SO WHAT IS IT? WHAT IS THAT? WELL, I MEAN THEY DO, YOU'RE RIGHT.

IT'S A GREAT QUESTION.

AND THEY'RE SPECIFICALLY DEFINED IN DIFFERENT STATUTES AND UM, THAT'S WHY I'M WAITING THROUGH IT.

UM, I CAN GET YOU THAT ANSWER, BUT I KNOW IT'S VERY SPECIFIC TO A DIFFERENT STATUTE THERE.

EAT THERE.

WE COULDN'T INSERT SOMETHING IF IT WASN'T IN THE STATUTE ANYWAY, SO, OH NO, NO.

YEAH, THIS, THE LANGUAGE IS TAKEN DIRECTLY FROM THE CODE WOULD JUST BE IF YOU, WHENEVER YOU HAVE TERM, I'D BE INTERESTED TO KNOW IF THAT WOULD INCLUDE THAT CAUSE THAT MIGHT COME UP AT SOME POINT, PARTICULARLY IN THESE AREAS THAT YOU'RE TALKING ABOUT RIGHT NOW.

IT'S A REALLY GOOD QUESTION AND IT'LL BE A CROSS REFERENCE.

SO IT'LL SAY THE STATUTE WILL LAYOUT DAYCARE AS DEFINED BY THIS OTHER CODE.

AND THEN YOU, ANY OTHER QUESTIONS ABOUT THAT? OR I GUESS YOU SAID 300 OR A THOUSAND SO THEN WE'D HAVE TO DECIDE IT'S IT'S 300 UNTIL A SCHOOL ACTUALLY APPLIES.

VERY SPECIFIC.

YEAH, THEY HAVE TO MAKE IT THE STANDARD SIZE WOULD OR THE STANDARD DISTANCE WOULD BE 300 AND IF I'M CORRECT REBECCA AND, AND IT COULD BE EXTENDED TO OUT TO A THOUSAND IF A, IF A SCHOOL AUTHORITY MADE SPECIFIC APPLICATION TO EXTEND IT AT OUR OPTION THOUGH RIGHT AT OUR OPTION, THAT WOULD HAVE TO COME HERE FOR COMMISSIONER'S COURT APPROVAL.

YOU KNOW, BUILDING OUT INTO THE COUNTY.

I'VE MADE BRAD'S VIEW, IF YOU WERE ABLE TO FIND ONE THAT WOULD BE 300 FEET AWAY, I MEAN WOULD BE THAT CLOSE.

BUT MOST OF THEM 300 FEET TO THE FRONT OF THEIR PROPERTY.

I MEAN, JUST THE SCOOP.

I MEAN THAT'S KIND OF, I THINK WHEN THEY DREW UP THAT ORDINANCE AND, AND MADE THE DA GUINEA MEMES AND THEN I THINK A LONG TIME AGO THEY DID IT IN THE CITIES BECAUSE THEY WERE STRAIGHT ACROSS THE STREET TO SCHOOL WAS ON THE SIDEWALK, YOU KNOW, AND THEY JUST DON'T BUILD THEM THAT WAY ANYMORE.

WELL, AND IT'S NOT RETROACTIVE.

OBVIOUSLY EVERYTHING'S CONSTRUCTED NOW.

IT WOULD GO INTO PLACE, BUT NO, LAURA'S OFFICE, WE WERE, THEY WERE DIGGING THROUGH AND LIKE ANCIENT BOOKS.

WE WERE SURPRISED THAT WE DIDN'T HAVE THIS REGULATION ON ALREADY.

I MEAN, IT WORKED FOR ME.

MY L'S LIKE FINE WITH ME.

OKAY.

UH, COMMISSIONER YOU SURE.

TO MAKE A MOTION TO ADOPT THE KAUFMAN COUNTY LOCAL ALCOHOL ADDITIONS REGULATIONS PURSUANT TO TABC ONE OH NINE THREE THREE.

I MAKE THAT MOTION AS A, UH, AS WRITTEN AND EXPLAINED BY THE COUNTY ATTORNEY, UH, COMMISSIONER KATES MAKES A MOTION TO ADOPT THE REGULATION THAT A REGULATION IS THERE A SECOND.

I'LL SECOND.

SECOND ONE.

COMMISSIONER PHILLIPS.

DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

THOSE OPPOSED? NO.

MOTION CARRIES.

NEXT

[27. Judge Richards; Discuss over-arching budget goals for next fiscal year.]

ITEM IS MINE.

YEAH.

BUDGET GOALS.

UH, THAT'S, YEAH, THAT'S NOT A VERY HIGHLY DEFINED AGENDA DESCRIPTION, BUT MMM.

JUST WANTED TO GET EVERYBODY'S MINDS TURNING.

UH, OUR VALUES ARE SIGNIFICANTLY UP, UH, ABOUT THE SAME MAGNITUDE IS A WORD.

LAST YEAR.

ONE OF THE THINGS THAT I'VE HAD A CONVERSATION WITH SEVERAL PEOPLE ABOUT AND OTHER, UH, JUDGES, UH, WE'RE CONCERNED ABOUT OUR COLLECTION RATES.

I THINK WE SHOULD, UM, WHEN WE STARTED WORKING THROUGH OUR BUDGET REVENUE NUMBERS, WE MAY OUGHT TO WANT TO CONSIDER, UH, NOT EXPECTING TO HAVE AS HIGH COLLECTION RATE AS WE DID, AS WE TRADITIONALLY HAVE BEEN HAVING, WHICH HAS BEEN REALLY GOOD.

MMM.

ASSUMING THAT ARE ASSUMING THE NUMBERS WORK OUT SO THAT WE DO SOME SORT OF A OF A ACROSS THE BOARD RAISE.

ONE OF THE THINGS THAT I THINK WE SHOULD CONSIDER, I'VE TALKED TO THE HR DEPARTMENT AND ACTUALLY VISITED WITH KAREN ABOUT THE IDEA OF SETTING ASIDE SOME OF THE MONEY THAT WE WOULD USE FOR RAISES, SETTING THAT MONEY ASIDE UNTIL WE COMPLETE THE WAGE AND CLASSIFICATION STUDY SO WE COULD USE THAT MONEY ONCE THAT, THE RESULTS OF THAT COME IN, WE COULD USE THAT MONEY TO TARGET POSITIONS THAT ARE IDENTIFIED IN

[01:25:01]

THIS WAGE STUDY AS BEING UNDERPAID.

UM, SO THAT'S, THAT'S JUST A THOUGHT AT THIS POINT THAT WE CAN DISCUSS LATER.

UM, THERE'S A LOT OF, I DON'T KNOW IF YOU GUYS ARE READING ANY OF THIS BUSINESS, YOU KNOW, WE WERE TOLD, OR THE PREVAILING WISDOM WAS THAT WHEN THIS, DURING THE DISASTER DECLARATIONS TOOK PLACE, THAT THAT CANCELS OUT THE THREE AND A HALF PERCENT CAP, A REVENUE CAP.

NOW THERE'S, UH, THERE'S SOME, THERE'S SOME, UH, BACKFILLING GOING ON ABOUT THAT AS TO WHETHER OR NOT THAT ACTUALLY IS TRUE.

SO WE SH I WOULD SAY THAT WE, UNTIL THIS GETS ALL SORTED OUT, WE SHOULD PLAN THE EXPECTATION THAT NEXT YEAR WE'RE GOING TO BE UNDER THAT THREE AND A HALF PERCENT CAP.

RIGHT.

SO, I MEAN, I DON'T KNOW IF THAT'S, THEY'RE ALL AREN'T, THERE'S A LOT OF ARGUMENT GOING ON ABOUT IT RIGHT NOW, BUT I THINK THE GOVERNOR SEEMS TO BE SAYING THAT THE THREE AND A HALF CAP WILL BE IN PLACE NEXT YEAR.

SO HE MIGHT THAT ARGUMENT.

UM, Y'ALL ALL HAVE THE BUDGET CALENDAR AND, UH, OUR BUDGET SHEETS ARE GOING OUT, GOING OUT TO ALL THE DEPARTMENTS ON MONDAY NEXT MONDAY.

SO THAT'S JUST KINDA THE LAY OF THE LAND.

I, I THINK WE SHOULD, BECAUSE WE HAVE THIS THREE AND A HALF CAP STARING US IN THE FACE FOR NEXT YEAR.

UH, I THINK IT WOULD BE GOOD IF WE CAN POSITION OURSELVES TO INCREASE OUR FUND BALANCE A LITTLE BIT.

UH, IN THIS BUDGET CYCLE.

I WOULD GUESS THAT SOME OF OUR PROPERTY VALUES, PARTICULARLY SOME OF THE COMMERCIAL VALUES ON JANUARY ARE PROBABLY GONNA BE QUITE A BIT LOWER THAN THEY WERE IN JANUARY OF 20.

SO JUST BUFFER OUR, I THINK WE OUGHT TO TRY TO BUFFER OURSELVES A LITTLE BIT.

UH, SO THAT WE'RE NOT CALLED SHORT.

UH, NEXT YEAR.

ANYBODY HAVE ANY OPENING COMMENTS OR THOUGHTS ABOUT THE BUDGET, ABOUT WHAT YOU'RE THINKING? NO, I AGREE.

I THINK WE'RE GOING TO HAVE TO SERIOUSLY CONSIDER WHAT THE EFFECT OF THIS WHOLE CORONAVIRUS THING IS GOING TO HAVE ON US.

CAUSE I MEAN, BUSINESSES ARE CLOSED THAT AREN'T OPENING BACK UP AGAIN.

AND PRECINCT THREE PEOPLE ARE CONCERNED ABOUT NOT BEING ABLE TO PAY THEIR TAXES BECAUSE THEY'VE BEEN OUT OF WORK.

SO IT'S, IT'S GOING TO BE AN ISSUE.

WE'RE GOING TO HAVE TO DEFINITELY LOOK OUT FOR IT AND DEAL WITH IT.

AND NONE OF THE SERVICES THAT WE OFFER ARE GOING TO BE REDUCED IN THE NEXT BUDGET YEAR.

YEAH.

SO, OKAY.

UNLESS THE SHERIFF THINKS THAT YOU KNOW WE'RE GOING TO HAVE A DRASTIC REDUCTION IN CRIME OR ANYTHING LIKE THAT, JAIL, ALL THE JAIL POPULATION WOULD GO DOWN 50% OKAY.

SO ANYTHING ELSE ON THAT? ALL RIGHT.

UM, NEXT

[28. Discuss/Consider line item transfers.]

ITEM, DISCUSS CONSIDER LINE ITEM TRANSFERS.

GOOD MORNING.

TODAY'S FOR EMAIL TO YOU.

DO YOU HAVE ANY QUESTIONS? I'M ESTABLISHING THE NEW BUDGETS OR PARTIAL BUDGETS FOR THOSE NEW BOND ISSUES.

SO THAT'S WHAT THE MAJOR ONES ARE.

IF YOU HAVE ANY QUESTIONS, I'LL TRY TO ANSWER THEM.

IF THERE ARE NO QUESTIONS, IS THERE A MOTION TO APPROVE LINE THAT ARE TRANSFERS AS PRESENTED? I'LL MAKE A MOTION TO APPROVE.

WE HAVE A MOTION FOR APPROVAL.

COMMISSIONER BARBERS ARE SECOND.

I'LL SECOND.

SECOND WERE COMMISSIONER HUNT DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

DID I HAVE THOSE OPPOSED? NO.

MOTION CARRIES.

UH, I GOT A FROG.

[29. Discuss/Consider claims for payment.]

YEAH.

OUT OF 29, DISCUSS, CONSIDER CLAIMS FOR PAYMENT.

YOUR CLAIMS FOR PAYMENT OR A MILLION? 404,006 54 60 AND A PAYROLL OF 1,000,336 ONE 32 27 FOR A TOTAL OF $2,740,786 AND 87 CENTS DO YOU HAVE ANY QUESTIONS ON THE BALES? IF THERE ARE NO QUESTIONS FOR THE AUDITOR, IS THERE A MOTION TO APPROVE CLAIMS FOR PAYMENT AS PRESENTED A MIKE THAT MOTION MOTION WITH COMMISSIONER HUNT IS OUR SECOND.

SECOND.

SECOND WITH COMMISSIONER PHILLIPS.

DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

LET'S POST.

NO, THAT MOTION CARRIES.

THANK YOU.

[30. Discuss/Consider exiting regular meeting and enter into executive session.]

YOU'RE WELCOME.

NEXT ITEM.

DISCUSSED, CONSIDER EXITING REGULAR MEETING AND ENTER INTO EXECUTIVE SESSION.

IS THERE A MOTION, THE EXTRA RIGOR MEETING ENTER EXECUTIVE SESSION.

I'LL MAKE A MOTION.

WE HAVE THAT MOTION OF COMMISSIONER BARBERS OR SECOND.

SECOND.

SECOND.

MR CAGE.

DISCUSSION.

THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

THOSE OPPOSED? NO.

THAT MOTION CARRIES.

[31. Executive Session: Pursuant to Section 551.071 of the Texas Government Code, the Commissioners Court will meet in closed session to consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects may be discussed: Kaufman County v. Purdue Pharma, et al - Civil Action No. 3:18-cv-02270 Lassiter v. Kaufman County Commissioners Court- Cause No. 100368-CC2]

EXECUTIVE SESSION PURSUANT TO SECTION FIVE FIVE 1.07, ONE OF THE TEXAS GOVERNMENT CODE, THE

[01:30:01]

COMMISSIONER'S COURT WILL MEET IN CLOSED SESSION TO CONSIDER PENDING OR CONTEMPLATED LITIGATION SUBJECTS OR SETTLEMENT OFFERS.

THE FOLLOWING SUBJECTS, CASES MAY BE DISCUSSED.

COFFIN COUNTY VS PURDUE PHARMA LASTED HER VERSUS KAUFMAN COUNTY COMMISSIONER'S COURT.

MONT VERSUS GRIMES, TODD MICHAEL THOMAS, CELIA VERSUS DIVISION OF CHILD SUPPORT.

UH, WE'RE IN EXECUTIVE SESSION AND I BELIEVE WE WILL, UH, REMAIN IN THIS ROOM, UH, JUST FOR SPACING SO WE DON'T CROWD BACK INTO THE CONFERENCE ROOM.

OKAY.

UM, I WOULD, UH, LOOK FOR A MOTION

[32. Discuss/Consider exiting executive session and enter back into regular meeting.]

TO EXIT EXECUTIVE SESSION.

ENTER BACK INTO REGULAR SESSION.

SO MOVE WE HAD THAT MOTION FROM COMMISSIONER IN CASE.

IS THERE A SECOND? SECOND.

SECOND.

COMMISSIONER BARBARA.

DISCUSSION THOSE IN FAVOR? AYE.

THOSE OPPOSED? NO, THAT MOTION CARRIES, UH, DISCUSS.

CONSIDER ANY ACTION TAKEN AS RESULT OF AN EXECUTIVE ACTION HERE? NO MOTIONS.

THAT BRINGS

[34. Adjourn Regular Meeting.]

US TO ITEM 34.

UH, MAKE A MOTION TO ADJOURN THIS MEETING.

COMMISSIONER PHILLIPS MORE SOJOURN THIS MEETING.

DOES ANYBODY ELSE WANT TO SECOND THAT ALSO? SECOND FOR MR. BARBER.

DISCUSSION.

THOSE IN FAVOR? AYE, I SUPPOSE.

NO, THANK YOU.

WE ARE.