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HomeMy WebLinkAbout2007-01-16-10:00AM-PUBLIC HEARINGBRAZOS COUNTY BRYAN, TEXAS NOTICE OF PUBLIC HEARING r 4nrl BRAZOS COUNTY COMMISSIONERS COURT PURSUANT TO CHAPTER 253 TEXAS TRANSPORTATION CODE, THE COMMISSIONERS COURT WILL CONDUCT A PUBLIC HEARING ON TUESDAY, JANUARY 16, 2007 AT 10:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. THE COURT WILL HEAR COMMENTS ON THE POSSIBLE IMPROVEMENT OF ROADS IN HUNTER'S CREEK SUBDIVISION AND A $500 ASSESSMENT AGAINST THE OWNERS OF RECORD OF THE REAL PROPERTY OF THE SUBDIVISION LOCATED IN PRECINCT 3. ALL INTERESTED PERSONS ARE INVITED TO ATTEND SAID HEARING AND PRESENT THEIR CAUSE, IF ANY, FOR OR AGAINST. Brazos County Courthouse • 300 East 26`" St. • Suite 106 Bryan, Texas 77803 • Fax: (979) 823 -6993 C/o lol COMMISSIONERS' COURT PUBLIC HEARING January 16th, 2007 The Commissioners' Court of Brazos County, Texas met in a Public Hearing in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday January 16, 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; Absent 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 q0 Page to ,2- BRAZOS COUNTY COMMISSIONERS COURT Road Improvement in Hunter's Creek Subdivision January 16th, 2006 Tape begins mid - sentence. Sims: ...o'clock and, we have a public hearing today pursuant to Chapter 253 Texas Transportation Code. The Commissioner's Court will conduct a public hearing on Tuesday January 16`h, 2007 at 10:00 a.m. in the Commissioner's Courtroom of the Brazos County Courthouse, 300 E. 26`h Street, Site 115, Bryan, Texas. The Court will hear comments on the possible improvement of roads in Hunter's Creek Subdivision and a $500.00 assessment against the owners of record of the real property of the subdivision located in Precinct 3. All interested persons are invited to attend said hearing and present their cause, if any, for or against. And I will open this public comment period. Mr. Mallard, since it's in your precinct, would you like to give a briefing here? Mallard: First of all, I really appreciate everybody braving the weather to come in today. I know that that's a little more than usual that we have here in Brazos County coming in. Basically, this is the first phase that we see; we've had conversations with many of you and had some small meetings but this is the official meeting that we have to get this process going that we have to do and where we get public comments. It's all on the records, we write down all the comments from everyone and we try to get a sense of what the neighborhood would like to continue forward with. Because if we do this, then it is an obligation on every lot out there to pay and the amount is $500.00. Vol At that point if yall decide to do that, then later there is an actual ballot that is sent out to all the lot owners. They would vote and then if it's in the affirmative and the majority of the people that do send in their ballot would like to have the road taken over by the County and the assessment made. And that assessment of $500.00 would be on every lot owner, not just the ones that voted for it. It does obligate everybody in the neighborhood to do that. That assessment. 90 Page l03 At that point the County will repair whatever is necessary on the road to fix it. That's what the $500.00 would be for; to bring it up to the minor repairs that have to be done to bring it up to standards. Then at that point, the County would maintain the road from now on. It would no longer be a, quote, private subdivision road; it would be a County maintained road that we would have. I have to look at Mr. Arnold every now and then to make sure I say it exactly right as far as doing it, to get that right. But basically the main thing is that it is an obligation that would be placed on every lot owner if yall do vote for this and want this to move forward. The amount is $500.00 per lot. I know that a lot of times when you think about it you come up with different questions that you have so today is yall's opportunity to ask us and hopefully Mr. Arnold will be able to answer those and we'll try to answer all the questions that you have today and try to get your answers. So at that point I guess we'd just like to open it up to see if yall have any questions. Sims: Let me just give a few little details here, if you will; give us your name and address if you don't mind because we are taping it so that we will have that on the record and when we transcribe it we will we have your name and address who wanted to speak today. Ok. Yes sir? Acker: David Acker, 9949 Hunter's Creek and I'm the official president of the HOA. Since we're taping this, I just wanted to clarify that we are doing this because right now, basically, we own the roads, we have some problems with the roads now and the problems will increase in the future and right now we're looking ... the overall consensus from the homeowners is that this is the way to go. It's probably going to be the cheapest in the long run because if we have to repair all the roads ourselves and then continue to repair these it would probably cost quite a bit more. We do have a few spots in the road where we had erosion problems and the roads are already falling apart. So, so far, this seems to be the route the homeowners want to go. Thank you. Sims: Ok. Thank you. Mallard: If yall do wish to move forward with this and that vote is affirmative, there are some things that we can do now ... a little bit on the erosion as we can, obviously depending on the weather and things like that. The main work will be on the is when things wane up in the spring time and then we'll be able to go in there and make those seal repairs and actually take care of that road. So still even after the vote we, obviously, have to wait until the season and the weather is right in order to make the majority of the repairs. I know there's an area where there is some erosion beside the road, we've seen that and we will Vol X14 Page /b// Sims: 0 try to get on that as soon as it is practical for us to do that process to get that taken care of quicker. Ok. Mallard: Like I said, this is yall's opportunity to visit with us about it; if you have any questions about the process or the length of time that it may take, on any part of the voting or how this is going to go then please ask us those questions? Yes sir. Sims: Yes sir. Please. Acker: This is David Acker. When do we plan on doing the voting, the actual ballots? When will they be sent out? Mallard: They will actually go out pretty quick. I know that we've actually prepared the documents and gotten them together so, I guess, they can go out right away after... Arnold: I think within ten days. I think within ten days the ballot will go out after the public meeting. Ballard: There'll be a letter with a ballot attached to it that will go to every homeowner in the subdivision and it will be certified mail and the ballot must be received by the County Clerk no later than, I believe, it is February 16`h in this case. So it's thirty days or less for the ballot. And then the County Clerk, Ms. McQueen, will tabulate those ballots... whether it's a go or no go. It's a simple ballot, it's either `I'm for it' or `I'm against it'. Acker: And that is a majority of the returned ballots? Ballard: Yes, it's a majority of those returned. Sims: This is Bill Ballard who is our legal counsel for the Commissioner's Court that helps us put this together to make sure that we are right on target as far as legalities are concerned. He will certainly provide the verbiage that goes out and make sure that it is correct and will be legal once the ballots come back in and are counted. I assume, Bill, this is going to be counted by the County Clerk? Ballard: Yes sir, Judge. As a matter of fact, each letter that goes to the homeowners has a self addressed envelope that has the postage already on it and all they do is just put the ballot back in the envelope and it comes back to Ms. McQueen. Vol q0 Page 103 5 Sims: And then we, the Commissioner's Court, will canvass the votes after it's over with. Ballard: Right. She'll bring them to your (inaudible). Mallard: Do we know the chronological order, obviously, the ballot you're talking about is it in February; the date... Ballard: The statute calls for 30 days or less and I gave them a full... Sims: Thirty days. Ballard: ...thirty days on that. So they actually... with the actual mailing of it, I think it'll be a little bit less than the thirty days. Sims: Does that have to be certified? Ballard: The letter that comes from the County to the homeowners; yes sir, it does. Sims: And receipt requested? Ballard: I believe it is. Gallego: We always do. Sims: Ok. Fine. Mallard: And then when we canvass the ballot, there has to be another meeting or it just comes in the regular Commissioner's Court meeting, then we would tally the ballot. Ballard: I believe at that time the Commissioners would enter an order in compliance with that vote. That's either make an assessment and improvement to that subdivision in accordance with the ballot or to not. Mallard: Ok. So it may be coming up closer to March by the time we get the final disposition here and get that going. Obviously... Sims: That'll be close to working time, won't it? Mallard: Yeah. So, it'll be pretty close to that. Obviously, it's a dead issue if the majority of the ballots come back and say no. It's just a simple majority either Vol 70 Page /0/y way. If it says not then we will cease, we will not do anything beyond that. I think there is a time period that we can't even come back and re address this issue and I think it is several years that it can't be addressed again. So the County can't come back and say "Well we want yall... ", you know, it's not like we're trying to force this on you. Sims: Sure. Mallard: It would be something that yall would want to do. If it is in the affirmative then there is an assessment. There can be ... if yall wanted to make that out in payments ... I know $500.00 is not a whole lot of dollars but it's still $500.00 and so if yall would like to try that where some of that is broken down into a few payments, we can do that as well. But if there's a reason, for some reason, that one of the homeowners decides that, "No, I'm not going to pay it. ", then an actual lien would be filed against that property. It would stay there until the property was sold. It does not accumulate interest but that $500.00 will be on that property and eventually when the property is sold to another owner then that lien would have to be satisfied at the closing and it would be paid to the County at that time. And if it is in the affirmative, we will get the information out to you about who the checks need to be made out to and paid to and taken care of and if you wanted to make that in one, two, or three payments we can do that, obviously. The more we break this out and do it, it creates more of a burden on the County so we prefer to do it in as few a payments as possible to the owners but we want to try to make it as easy for you as far as making those payments. So we wouldn't want to go out too far and like say twelve payments or something like that if we can help it. It'd certainly be better to do it in as few a number of payments as possible. Sims: If the... excuse me, I'm song. Mallard: No, that does it. Sims: If the vote is in the negative, certainly we will send another letter out advising the people of that area that it was a negative vote so that yall won't be hanging out there...'Did it pass? Did it fail? Did it pass? Did it fail?' So that is something that we certainly would do. I would like for someone to do that for me if we had a vote. So we will... hopefully it is positive. Yes sir? Howard: Brown Howard, 9997 Hunter's Run. Sims: Ok. Vol 9O Page �� Howard: First of all, I'd like to thank the Court and the Commissioners for taking this on. We appreciate if. And we appreciate Commissioner Mallard coming out and talking with us as well. I have just two quick questions here; who will decide on the number of payments and how that ... if it's in the affirmative... who will decide the number of payments or that? Mallard: Perhaps maybe the best way would be to come back and maybe have another meeting with the homeowners and try to do that. I know we met at one of yall's houses before, if that's still a possibility. If not, well we would have a place here... either at the Courthouse or at the Brazos Center and try to get a consensus from as many people as we can so that we can make a good determination which would work for everyone. Sims: It would be nice to have it set up, the time frame, the same for everybody. In other words if they want to spread it out in five payments or whatever the case may be. That way there is no ... our people here at the Courthouse will know, `Hey, it's time for a payment.', and this type thing. And it's all set up. Once the five payments are made, it's over. Everybody is through with it. Acker: I can send an email or contact people who may need to do it in payments, they can contact me and then I can give them a sense that (inaudible) comfortable. Sims: Great. Thank you, David. That'd be great. Mallard: And I know that the contact is you and so I will continue to send you emails as these time issues come and let you know so that you can get that out to the neighborhood. Howard: And then one other question; is the vote by lot? Some of the owners out there own two lots. Mallard: Yes. Howard: So the vote would be per lot? Mallard: Yes sir. Sims: Yes. Mallard: If you own multiple lots then you have a vote for each one. Howard: Ok. Vol 90 /o9 M Gallego Sims: Gallego So it's one ballot per lot, not per house. One ballot per lot. Because I thought we were sending one letter per person. Mallard: Well, they should have... Gallego: But we need to make sure Bea sends more than one ballot then... Mallard: Yes. Gallego: ...because I know she had duplicate letters and we back and said, "No, just send one letter." Mallard: Yeah, well I thought we were just putting them all in one envelope but there should be two... Gallego: Ok. Mallard: ...ballots and we'll denote that. If you have two lots then you get two ballots. Arnold: And that's how it's being assessed also. By the lot. Female: And not husband and wife if they're (inaudible) (inaudible) Sims: Ok. Yes ma'am. Nomer: Naomi Norner, 9912 Hunter's Hollow. I just want to say that although we're not thrilled that our developer failed to follow through on his responsibility that we feel like this is a very fair resolution to the problem and we appreciate the County working with us. Sims: Thank you. I want to make this comment; Kenny, Commissioner Mallard was ... you know, he said, "Let's keep it as low as we possibly can because it's not their fault." I know that we should have gotten some things that we didn't get and I hate LLCs if you will... Limited Liability Corporations ... I have said to our Road and Bridge Department, "We will not do business with LLCs again." So with that in mind, I appreciate that. I'll say this, that Mr. Mallard really has worked hard on this and worked with us to get a, hopefully, an Vol 0/0 Page /09' equitable resolution to this so we can go on and get the roads fixed up, taken them over for repairs, maintenance, and responsibility from now on. Anyone else? Do we have a time frame, Bill that we need to send this ballot out? Ballard: Ah, yes, I believe that it was stated that there is a time frame after this hearing ... I think it's ten days. Sims: Ten days. Ballard: I think... Sims: We don't have to have any more than one hearing, is that correct? Ballard: It's just one. And I think Bea is ready with the letter and the ballot. Sims: Ok. Ballard: And I think they'll probably go out... Gallego: Probably this afternoon. I'm guessing. Ballard: ...this afternoon or tomorrow. Mallard: Hopefully the mail will be running. Gallego: Yeah. Arnold: Candy will you make sure about the multiple... Gallego: About the ballots? Yes, I will. Arnold: ...they have multiple ballots. I just... Gallego: It may just be my misunderstanding. She may have that under wraps but I'll make sure. Arnold: And Mr. Acker, you probably need to make sure that if they have multiple lots that they fill out those ballots (inaudible) Acker: (inaudible) Vol 7d //U 10 Arnold: ...so there's no confusion on the multiple lot owners. Acker: I will send out an email to all of the homeowners. Mallard: I'm not sure if it's on there but if not, maybe we'll go back and put in big letters, and just write in there, you know, Lot so and so and then on the other just Lot ... two vote. Gallego: Uh -huh. (positive) Mallard: We'll try to make it as plain as we can so that if people do have lots... Acker: I think there's only three or four of us that ...do you...? Female: Three. Acker: Three. Male: I think there's... Acker: And I'm one so we figured the other two, so should be pretty easy. Arnold: And just so they're there by the end of business, the 16`h, correct Bill? I see here... Ballard: I believe so. I don't have my calendar but I think it's a Friday. Arnold: Ok. Gallego: And it should be in the letter. McQueen: Can you get me those dates? Ballard: Yeah, we'll just ask that if you could forward a sample ballot and letter... Gallego: I will. Ballard: ...to Ms. McQueen. Gallego: Ok. Acker: Who has the mailing list (inaudible) Vol qO Page //I 11 Gallego: Bea. Acker: I'd like to take a look at that before I leave. Gallego: Ok. Acker: I liked to make sure that I can look... Gallego: I can walk you down to the secretary that's preparing that. Acker: That'd be great. Thank you very much. Mallard: We'll let you look at the envelopes, make sure... Sims: Any other question or comments? Seeing none I will close this public hearing of Commissioner's Court. Thank yall for coming. I appreciate all the... End of tape. Vol W) // O. 12 of 12 The foregoing minutes of the Commissioners Court Public Hearing held January 16th , 2007 , have been examined and approved in open Court this the .4Y4- day of 20_Q'7, in Bryan, Brazos County, Texas. Q 11-� Qc-� Duane Peters Commissioner, Precinct No. 2 cjaSen+ Carey Cauley, Jr. Commissioner, Precinct 4 Attest: a n McQueen County Clerk Vol 99 Page 113 /�VIGl�li£!1t/l� Lloyd/Wassermann Commissioner, Precinct No. 1 Kenny Mall r �J Commissione , Precinct No. 3 Pg of BRAZOSCOUNTY COMMISSIONER'S COURT 14 DAY OF , 20 o7 /0-100 AM &jel &a kt Name (PLEASE PRINT) D0.vJ ✓���er E" 14114721) 1 , L l G ��:,I I � Organization (PLEASE PRINT) o O pc Mc -, vu�i