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HomeMy WebLinkAbout2015-10-06 10:30AM PUBLIC HEARINGBRAZOSCOUNTY BRYAN,TEXAS PUBLIC HEARING BRAZOS COUNTY COMMISSIONERS COURT Tuesday October 6, 2015 BRAZOS COUNTY COMMISSIONERS COURT WILL CONDUCT A PUBLIC HEARING ON TUESDAY, OCTOBER 6, 2015 AT 10:30 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINSITRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. The Brazos County Commissioners Court will hold a public hearing to consider the following: a Application for Operation of a Junkyard by Cecilio Vega located at 4610 W. 28th Street, Bryan, TX 77803. the public hearing will be held in the Commissioners courtroom on the first floor of the Administrative Building, 200 South Texas Ave., Suite 106 located at the intersection of South Texas Avenue and 28th Street. Interested parties are invited to speak for or against approval of the application and conditions to be imposed on the location. For additional information, please contact the Road & Bridget Department at (979)822-2127. The Commissimen Countiwm of the county Administration Building, 200 S. Texas Avenue, Sure 100, Bryan, Texas Is wheelchair aseaalble. Handicap parking spaces are avaeable. Any request for sign interpretive services must be made two working days before the mestkng. To make arrangements, please call (979) 3614102. BRAZOS COUNTY BRYAN,TEXAS MINUTES October 6, 2015 BRAZOS COUNTY COMMISSIONERS COURT PUBLIC HEARING 0 Signature Page.pdf 6Z File Stamped Agenda.tif E Sign in sheet.pdf The Commissioners' Court of Brazos County, Texas held a Public Hearing at the Brazos County Administration Building in Bryan, Brazos County, Texas, at 10:30 a.m. on Tuesday, October 6, 2015, with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. Attached is a list of the citizens and officials in attendance. The purpose of the hearing is to hear commentary for or against approval of an application for operation of a junkyard by Cecilio Vega located at 4610 West 28th Street, Bryan, Texas 77803. The County Judge called the meeting to order at 10:30 a.m. and invited others to speak. Bill Ballard, Legal Counsel explained the reason for the hearing and the criteria for approving an application. Vol. G pg._&A Kim Hinton with the Brazos County Road and Bridge Department gave a slide show presentation of the property and neighboring areas. The area includes residential property, ponds and a stream. Brazos County Sheriffs Deputy James Hall gave a report of the property location. Deputy Hall mentioned that the Health Department was notified concerning the conditions of the property. He explained that a TCEQ permit was not acquired nor a license from the State, and therefore, was in violation. Deputy Hall stated that there is improperly stored containers, leaking containers, and illegal dumping on the property. He said that this is a Health and Safety Code violation and gave the property owner thirty (30) days to comply. Deputy Hall also mentioned that there are sixty two (62) vehicles on the property and several tires. He said that many of the tires have water collected in them and he noted there was mosquito larva present. Commissioner Mallard asked if the owner does not clean up the area on his own, can the Court order the owner to clean it up. Mr. Ballard said that cleaning up the property could be a condition given to the owner. Commissioner Cauley asked if there had been any efforts to clean up the property since the citations had been issued. Deputy Hall said not that he was aware of, but he was in the process of setting up a time to meet with the owner. James Rose owns property adjacent to the junkyard. Mr. Rose said that this area in a unique part of the County. He feels efforts should be made to improve the area and not allow something that takes away from it. Janette Hedge spoke next. She owns property that backs up to the junkyard. She mentioned that not long ago they attended a hearing for another junkyard that wanted to operate in the neighborhood. Mrs. Hedge said that her property has been in her family since 1940 and she built her home in 1960. She also mentioned that the junkyard would bring unwanted activity to the area and feels like the area is becoming a slum. She is against allowing the junkyard to operate in her neighborhood. Linda Gilbert was raised near Highway 21. She said that the Highway 21 area is prime property. She is against allowing the junkyard because she feels it will decrease the value of the homes and property nearby. Kathryn Warren also owns property that backs up to the junkyard. She would like the Court to deny the application for the junkyard for health and safety reasons, the decrease in property value, and the noise. She would also like to know the status on the cleanup of the previous junkyard that was in the neighborhood. Jacklin Hall lives in Houston, Texas but also owns property near the junkyard. She stated that she is not in favor of the junkyard. Larry Gilbert spoke about how the property is a major thoroughfare in the County. He also mentioned speaking to the Court about the previous junkyard in the neighborhood. He said he does not understand how they get away with not cleaning the area up after being instructed to do so. He asked the Court to please help them. George Moore, Jr. also stated that he is against the junkyard. He said that before the junkyard it was a beautiful place to live. Mr. Moore said that now there are several cars with sheetrock piled on top of them. There are now problems with snakes and possums as a result Vol. _ � 4 pg. a a3 of these conditions. Commissioner Mallard asked Deputy Hall if the other property had been cleaned up Deputy Hall said he had to be careful about his comments because the investigation on that property is still active. He said he is trying to find the best and legal means to do this. It is not cleaned up to the degree he wants or expects, but the intent is to gain compliance. If the owner fails to comply then it would be a legal matter. Deputy Hall said the goal is to educate and allow time for compliance. Commissioner Wassermann asked for a timeline from the beginning when Deputy Hall makes initial contact to when action is taken on a case. Deputy Hall explained that each case is unique. He said that some cases may be a litter abatement case. He said that sometimes people will clean up the property but then more litter is dumped on the site. At that point it becomes a new case. He said that if it is a large piece of property it may take a while for the owner to clean it up. He gives the property owner a chance to comply, because if the case does go to court he must prove the opportunity to comply was given. Deputy Hall said if there is a case where there is immediate detriment to the health and safety of others then action is taken immediately. In some cases the owner is given thirty (30) days to attempt to comply and if there is no attempt then action is taken. He said that it is just a case by case basis. Commissioner Cauley questioned why more litter on the same property would be considered a new case. She said that it seems that would be an automatic violation. Deputy Hall said that he has to allow another thirty (30) days for the property to be cleaned up James Rose asked for clarification in what was being addressed today. He asked if we were discussing clean up or an application for a junkyard. Judge Peters answered that it is for an application, but that all of the facts are relevant to the request for application. Larry Gilbert addressed the Court again about the conditions of the property. He mentioned the tires being a breeding ground for West Nile Virus. He asked how long the citizens would have to put up with these conditions. He asked the Court to not allow this to continue. He feels they should speed up the process. Mr. Gilbert also spoke about contamination of the ponds, two and three a.m. traffic, and pit bulls on the property. He said it does not seem like there is just junkyard business going on there. He asked the Court to help them find out what is going on. Cecilio Vega spoke to the Court through a translator. Mr. Vega said that most of the tires were dumped on the property by other people. He said he is trying to clean up as instructed. He said that people also dump trash and animals on his property. He said there are other people in the area that also have trash on their property. Judge Peters asked Mr. Vega if he had a gate to keep people off his property. Mr. Vega said he has a gate on one side of his property. He said he has cleaned up but people continue to dump trash, tires and animals on the property. Commissioner Cauley asked Mr. Vega if he lives on the property. vol. �� � p • � a� Mr. Vega said that he sometimes stays on the property, but he does have another home. Commissioner Cauley told Mr. Vega that he needs to clean up the property. Mr. Vega said he is trying but there may never be a time when he can keep it clean with all the dumping by others. He said that sometimes people will dump dead dogs on his property. Judge Peters asked if there was anything else Mr. Vega wished to say about the application for the junkyard. Mr. Vega said he would like to be allowed to open the junkyard, but if he is not allowed it would be okay. Janette Hedge asked which side Mr. Vega is saying the dumping is occurring on. Deputy Hall stated that it is on the West 28th Street side of the property. Commissioner Cauley requested this be placed on the next agenda. There being no one else wishing to speak Judge Peters adjourned the hearing. Vol. 12� pg. oZO✓`� The foregoing minutes of the Commissioners Court Public Hearing held October 6, 2015, have been examined and are approved in open Court this the J d day of 1�Q,yV► 1 , 2015, in Bryan, Brazos County, Texas. Duane Peters County Judge Ab,-ev� Lloyd Wassermann Commissioner, Precinct 1 CataXr Kenny Mallard ecinct 2 Commissioner, Precinct 3 A b5e* Irma Cauley Commissioner, Precinct 4 Attest: t to— are McQueen County Cle 9A7 f Vol. X02 G— Pg..o2_U BRAZOS COUNTY COMMISSIONERS COURT MEETING - G -I I 1'MiG Date and Time Name Tl - Organization/ Department C_ornrn 04 - CLI ri 6f Vol.