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HomeMy WebLinkAbout2006-11-27-2:00PM-SPECIAL CALLED SESSIONtdfi t:R 21 P 3: 21 BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING SPECIAL CALLED SESSION BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN A SPECIAL CALLED SESSION ON MONDAY 27 NOVEMBER 2006 AT 2:00 P.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Call to order. Consider and take action on agenda items 2 - 4: 2. Discussion and possible action on the improvement of roads in Hunters Creek Subdivision. 3. Convene into Executive Session pursuant to §551.071 of the Texas Government Code for consultation with an attorney acting as legal council to the Commissioners Court. 4. Consider and possible action on the Executive Session. 5. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 3614102. Brazos County Courthouse • 300 East 2e St. . Suite 106 . Bryan, Texas 77803 . Fax: (979) 823-6993 h N Cl {/~1~ F~ T P COMMISSIONERS' COURT SPECIAL CALLED SESSION November 27, 2006 The Commissioners' Court of Brazos County, Texas met in a Workshop Session in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 2:00 p.m. on Monday November 27, 2006, with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Commissioner of Precinct 4; absent Karen McQueen, County Clerk. Attached is a list of the citizens and officials in attendance. Attached is a transcript of the meeting. Vol W~ Page 4-7 2 BRAZOS COUNTY COMMISSIONERS COURT Improvement of Roads in Hunters Creek Subdivision. November 27th, 2006 Tape begins mid-sentence. Sims: ...coming to our specially called session. Monday the 27th of November, 2006 at 2:00 p.m. in the Commissioner's Court room. I will call this meeting to order. The items on the agenda are; consider and take action on agenda items 2-4, the first of which is discussion and possible action on the improvement of roads in Hunters Creek Subdivision. Commissioner Mallards wants to make a few comments and then I will ask if you would like to make some comments before we go into Executive Session. You are welcome after we go into Executive Session to stay outside until we get through with that and we will reconvene to determine number 4 which is consider possible action on the Executive Session. Ok? Commissioner? Mallard: Well I had a meeting with the homeowner's association a few weeks back and talked and this is kind of another process to let yall know that we can't all come together and have a meeting unless it's an open meeting as so this is part of the process where we can sit here and discuss and work through some of the process. It's been a concern of ours to find out what exactly we could do; this is a law that's in the Constitution, it's in the Transportation Code of the State of Texas so that's really the only way we can operate is through those laws that are given to us by the State. Cities, obviously, have a lot more flexibility as a public corporation. They can do pretty much whatever but State Government and County Government is pretty well restricted on what we can do. So basically, this is kind of an education for us. I don't know that... Judge you might be able to help me...if we've ever done this before; this particular Transportation Code where we would be looking at reconstructing an existing road. So, it's kind of a little bit of new information to read; it's not too long, it's only about three pages long but we'll try to run through that. That's why Vol X q Page 43 3 we've had our attorney that's part of the County Attorney's Office is going to try to help us go through the legalese of it as well to do it. But it does allow us to go in and go through this process and try to learn a little bit. So maybe Rod can bring us up on exactly the chronological order that we would have to go through and deal with that. So this is one avenue and I thought there may be some other avenues to go through but it appears that through the Transportation Code is probably the only way that we could do something and actually take possession of the road. There's this long process that we have to go through with public hearing and actually, ultimately, a vote of the citizens in the subdivision or the property owners in the subdivision to actually set that vote and send that back to us. They have to send out a ballot to you and that would be mailed back and there's some public ...a hearing that would have to be held at a place where yall can come ...for that matter any citizen, I guess, can come and view that and gather information and send in input. So this is kind of just the first step for education for us. It's not necessarily... it may be, I guess, the first step for us to run through that process so that we can kind of find out the actual way we're supposed to go. Anyway, that's kind of where we are. Sims: In answer to your questions; yes, when I was Commissioner out at Precinct 3 I met with citizens as yourself to see if they wanted to go through the process. And the two times that I proposed that to them, they chose not to. They did not want to do it. But why, I don't know. They said, "We just don't want to have to go through the vote and the calling of the election and the whole bit." And one of them was out on...what is that off of 30 on the right-hand side? Rainbow Acres. Mallard: Rainbow... Sims: Rainbow Acres was one that they chose not to do it. But anyway, if yall would (inaudible 4:18)...I need you name and address please, if you would like to speak now just to make comments about where you are out there. I think Kenny's got, or Commissioner Mallard's got a handle on it. We'll go through this and certainly you can stay around when we go into Executive Session and then we'll have to come back out to determine if we're going to do something and how we're going to do it. But yall might make some comments; do you wanna go through this? I mean have they got copies of that yet? Mallard: I had given... Vol ~q Page 4R 4 Sims: The statute? Mallard: I don't know if the actual statute, I can't remember. I think I did give copies of that to Doctor Acker. Acker: Yes sir. Sims: Ok. Acker: I mean, is... Sims: Yes, please, please do. Acker: I'm David Acker, I'm the President of the Homeowner's Association... Sims: Address please. Acker: ...oh, 9949 Hunter's Run. Ah, Mr. Mallard came turned out we had a meeting of quite a few people of the neighborhood. I believe it was by their forum but I'm not sure. But everybody there did want to go through this process. Sims: Good. Good. Acker: I don't think I've talked to anyone that has anything negative to say about it. We're looking at either doing this; trying to contract ourselves, which means that somebody else will have to come, a bill collector, and if certain neighbors choose not to we don't really have any way to make them pay or try to take action against the developer and he's already declared that he's just a shell corporation basically... he's not going to try to do anything about it. But like I said, so far we've had positive response from everyone. Sims: That's great. Acker: That's really all I had to say about it... Sims: Thank you. Acker: ...I'll be more than happy to answer any questions. Sims: Ok. Good. Good. Anyone else like to speak? You can speak after we come back in from Executive Session, certainly. So, if you would like to wait until then, well that's fine. Thank you Doctor Acker. Vol 99 Page 60 5 Acker: That's my wife, the Doctor. Sims: Oh, I'm sorry. Mr. Acker. I'm sorry. Acker: I'm just the muscle. Sims: All right. Ok. Number 3 on our agenda is we will convene into Executive Session pursuant to 551.071 of the Texas Government Code for consultation with an attorney acting as legal council to the Commissioner's Court. And if you guys will step out, I would appreciate it. Just go outside; there should be some chairs out there. Please hang around, this shouldn't take too long. Gallego: Judge, do you want to announce who's to stay and... Sims: Yes. Candy, Gary, Debbie, Rod, and of course, the Commissioners. Gallego: And the time? Mallard: 2:07. Official time piece, I guess. Sims: Yep. Official time piece. Closed for Executive Session. Open from Executive Session: Sims: All right. We're coming out of Executive Session at 2:47 and into open session again. The next item on our agenda is: consider and possible action on the Executive Session. Kenny, would you like lead off. Mallard: (inaudible) sort of a motion to work through it. Basically we talked about the process and working with it and we'd like to set it up where we can take over the roads and we'd probably ask for an assessment for each lot at 5500.00. And the payment on that; we would prefer if we could get that in one payment but we would give you a year's time in order to make that payment and see if that would be amenable to the majority of the people to try to work through that. We want to make as easy for you to do that. This assessment would basically be on a per lot basis. It would have that time frame to do it. Payments could be made on that, I think they are made to the Vol 2q Page 51 6 Treasurer. They would hold those funds and they would have a list of all the property owners at that time as far as doing that. At some point in time, I'm assuming after that year's time, if the payment was not made then there would actually be a lien placed on that lot where that property wasn't paid for the $500.00. That lien does not accrue interest but it would be a lien on the property and at time of sale of the property... whenever that may occur ...then that lean would have to be taken care of at that time out of the proceeds of the sale. It would happen. That's the way this particular agreement... the Transportation Code where it reads on what can be done. I will be happy to get a copy to yall if yall would like to have it. Because this is what we would have to; the process we would have to follow. There is a lengthy process of hearings and there has to be ads in the paper, and that draw out. It says there's 30 days here and there's 10 days but our best guesstimate is that it would probably take three months to go through this entire process to get it done. After that process is over... whether it's shorter than the three months, but basically just because of scheduling and days in time to get that, about three months. At that time, then the County could assume ownership of the roads, as is, at that time. We would be able to make drainage repairs. I know there is a concern with one area where there is a culvert ...to make some drainage repairs there and any other what I would call emergency type repairs that needed to be done right then. The paving and the repair of the paving would have to wait until it heats up. We have to have a certain continuous temperature before we can do that. And we would also do that paving process with all of our other paving work that we're going to do in the County. Because we contract that and it makes it a lot cheaper, obviously, if we put a lot more miles into that process when we do it in our contract. So it would probably be, I don't know, Spring time or a little further on then when they get to that area of the County to come in and actually pave the roads. So it'd still take a little bit longer. But after this 90 day process that we go through, then the County would own the roads at that point. We would take care of the responsibility of those roads from then on, after that fact. It would not be yall's responsibility to deal with after that. So I don't know, I don't know if yall had any questions? Sims: Comments? Acker: I just have one question about this as far as the cost. Is that based on somebody looking at how much it's going to cost or is that just what you were estimating Vol 3q Page 6 A 7 and we get back any of this if it cost less than that or is that just basically the fee we'll need to pay? Mallard: I guarantee you it won't cost less than that. Acker: Ok. Mallard: So, it would be that amount of money. Acker: Ok. Sims: Yes, we had our Road and Bridge Department put that all together. Acker: Ok. Sims: That's what they came up with which is probably much more less expensive than what you can go out on the open market and have it done. And we'll be happy with what we do. Mallard: There are going to be a lot of other opportunities, I mean don't think that you have to ask all your questions right now. If you just wanted to wait and think about this and do it. There's not a decision yall have to make today. There will be the public hearings and the other opportunities so you'll have other opportunities to think about that. If you want to go back and visit with the other lot owners and talk with them. Then there will be the actual public hearing where we'll have an open forum and we'll have a meeting somewhere where we invite the public and especially the lot owners. You'll actually all be contacted, I think through the mail. There is a formal process that's in this little three page document is part of it. It's Chapter 253 of the Transportation Code of the State of Texas. So like I said, I'll get copies of that for you so it'll show the actual formal process. Anderson: At this point, Commissioner, I think what you have is a proposal. And you probably need a motion and to vote on it if you wanted to propose taking those roads into the County maintenance system and a proposed assessment, I think, is probably a motion... Sims: As per... Anderson: ...once you're really proposing it to the subdivision (overtalking). Vol 91 Page 63 Sims: As per Chapter 253 of the Texas Transportation Code. Anderson: That's correct. Mallard: Ok, and according to the Transportation Code, Chapter 253, County Improvement of Road Subdivision, then I would propose that we would take in the Hunter's Creek Subdivision and with an assessment of $500.00 per lot. Sims: Per each lot. You make that as a motion? Mallard: Yes sir. Peters: Second. Sims: Ok. We have a motion... Peters: Second. Sims: ...by Commissioner Mallard, seconded by Commissioner Peters. Further discussion? All those in favor signify by saying, `Aye.'. Mallard, Peters, Sims, Wassermann: Aye. Sims: All opposed? Same sign. Motion carries. So we'll start the process. We'll have to set a public hearing in an open Court meeting and must be at least 31 days after published notice. We have to publish the notice and then we will set a public hearing and then `publish notice of proposed improvement of assessment and date', I'm going to give you a copy of this so you can have it. All of you, if you'd like. Then `...hold a public hearing on the proposal. Must be held on or after 31 days after the first published noticed, not later than ten days after the public hearing.' So, it's just a maze that we've got to got through to make sure that we're legal and that what we're doing can certainly help the citizens out in that subdivision. So... Anderson: Excuse me, Judge. Sims: Go ahead. Anderson: After the public hearing is when the actual ballots would be mailed to... Vol 91 - Page 54 9 Sims: Right. Anderson: ...the subdivision land owners... within ten days of that public hearing. The ballots are actually mailed to the landowners and that's when they vote to decide whether they want to accept the County's proposal. Sims: And the ballots will be mailed back to the County Clerk and the County Clerk will count the ballots. Questions? Acker: Do we need to have ...as far as the vote; is it a quorum of votes or just whoever happens to vote? In other words if you send out a hundred and only five votes come in...that's all that's required? Sims: The five will set what happens out there. Acker: Ok. Anderson: The majority of the returned ballots. Acker: Ok. Fifty-one percent would carry? Anderson: That's correct. Sims: Ok. Is there anything else? Anderson: The County picks up the postage for the returned ballots. (overtalking) Acker: Thank yall for doing this. Sims: Ok. I will move to adjourn this special meeting of the Commissioner's Court. Thank yall for coming. Acker: Thank you Judge and Commissioners. End of tape. Vol $ Page 55 10 of 10 The foregoing minutes of the Commissioners Court Special Called Session held November 27 2006 have been examined and approved in open Court this the t~' day of 20_Q,, in Bryan, Brazos County, Texas. 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