---- Notes recorded by Bill Wessale ------
The following were in attendance:
Larry Hull - mediator
Sherry Mosier – Bulverde / Spring
Branch Economic Development Foundation
Jan Kennady – County Commissioner
Sean Van Delist - Tex-Mix project
manager for the proposed plant
Logan Owens – Tex-Mix owner
Dan – Tex-Mix General Manager
Bill & Kris Wessale
Emory and Annette Gass
Stephen Luman (Gaas' son-in-law)
Sid & Becky Atkinson
Jan Kennady opened the meeting
stating that she hoped we could reach an understanding and negotiate an
approach that we could accept. That didn’t
happen. The two parties (Tex-Mix and
NeighborsOfSpringBranch) left the meeting as divided as when they entered.
Tex-Mix made a presentation to
address what they had determined were our concerns. Sean presented how they were going to address
air quality, water usage, noise, light, and truck traffic. They are obviously attempting to address these
issues as well as they can.
Tex-Mix mentioned that they have a
buyer for the remainder of the property that they don’t need, but would not
divulge the buyer. So the buffer zone
between their plant and our homes could be an expanse of parking lot.
Tex-Mix mentioned they would close in 45 days - Nov 1.
They also mentioned they would have
acceleration and deceleration lanes, but they qualified that entire part of the
presentation with “probably”, “would be easy for TxDOT to add those to the road
The NeighborsOfSpringBranch then
took turns to very pointedly express why a concrete batch plant is unacceptable
in the proposed location. We stated
several times that it appears Tex-Mix is spending a lot of time and money
trying to minimize the intrusion, but they are unwilling to remove the 24-hour
a day, 7 day-a-week nature of the threat, and we stated that the only solution
acceptable to us is Tex-Mix choosing another location.
Larry Hull and Stephen Luman
are both realtors. Larry mentioned he
has been working with Tex-Mix to find a different location, but apparently the Canyon Lake
water supply, the selling price, and the access to Hwy 281 are difficult to
match. Larry and Stephen both volunteered to continue
looking for alternate locations, but to date all possibilities located would
result in even more people (who are less vulnerable) being intruded upon than at this location
The issue of monitoring for continued compliance to regulations was brought up, and Tex-Mix stated that they self police with TCEQ audits of their record keeping (but not the numbers reported) every couple of years. Sounds like a lack of oversight.
The idea of an Industrial Park within
Spring Branch was brought up, where Tex-Mix could locate and other industries could
follow, but that idea received no support and was quickly discarded.
Tex-Mix did agree there are closer neighbors than they had thought, and that Tex-Mix did not survey the area or take measurements yet to
verify the distances of the residences, but hopefully TCEQ has.
Sherry mentioned that Tex-Mix would bring economic benefits to Spring Branch, but Tex-Mix never answered how we would
benefit. Tex-Mix didn 't even say they would hire out of Spring Branch.
After 2 hours of presentation and
discussion, we came to a stalemate and parted agreeing to disagree. If some event changes the position of either
party, we agreed we would reconvene.
We recognize that the permit will
probably be granted, so we are preparing for the Contested Case Hearing.---- Minutes recorded by Larry Hull ----
Jan Kennady, Comal County Commissioner-Precinct# 4
Sherry Mosier, Bulverde Spring Branch Economic Development
Logan Owens, Owner, Tex-Mix
Dan Hanrahan, General Manager
Sean Van Delist, Project Manager
Neighbors of Spring Branch
Commissioner Kennady opened the
meeting and thanked all those who were able to attend. She indicated she hoped
the parties might be able to reach an agreement. Larry Hull then asked the
parties if it was agreeable if Tex-Mix began with their comments, followed by
individual remarks by the neighbors. After initial remarks were completed the
floor would be open to questions and comments. Larry further indicated that
Sherry Mosier would make some comments. The attendees agreed and Tex-Mix opened
with their presentation.
Sid and Becky Atkinson
Bill and Kris Wessale
Emory and Annette Gass
Sean Van Delist
gave a presentation that centered around issues involving Air Quality, Water
Availability, Noise, Truck traffic, Light and other related issues. His
presentation described a “concrete batch plant” and he presented a pictorial
display of some of Tex-Mix current operating facilities (there are 7 at this
- He indicated they were planning to place the
facility in the northwest portion of the property. Tex-Mix expected to use about 10 acres and
planned to sell the remaining acreage. The acreage would extend from 281 to the
property line to the rear in order to maximize any potential buffering.
- Sean then
discussed the issue of air quality and stated Tex-Mix would exceed the standards required by TCEQ. He briefly described
how the materials were loaded on the trucks and the use of large air filter
- Sean then clarified that Tex-Mix has made
arrangements to receive water from Canyon Lake Water Supply Company. He also discussed how they recycle water at
- Tex-Mix commented that they intended to reduce
noise as much as practical. Sean mentioned the use of “white” noise for the
back-up safety beepers, use of berms and other sound barriers, landscaping,
- Tex-Mix is working with TxDOT in connection with
acceleration and deceleration lanes for truck traffic.
- Sean provided pictorial descriptions of diffused
lighting that is intended to minimize light intrusion.
The Neighbors of Spring Branch then commented on their
Bianchi said he will be able to see the plant from his third floor. He said he
did not buy his property to sell. John
stated his number one concern was water usage.
- Bill Wessale told the group he is trying to do
everything possible to force Tex-Mix to locate to another area.
- Juanita Proffitt mentioned she wanted to
preserve a way of life in Spring Branch. She believed there were other
residences within 440 yards besides the Gass
family. She commented on the possible habitat for the Colden Cheek Warbler. Juanita wanted to know when Tex-Mix was closing on the
- The Gass family (Emory and Annette, Rita Aker
and Stephan Luman) told the group they were not in favor of a concrete batch
plant. They believe the dust particles will
affect Mr. Gass’ COPD. Rita expressed
concerns for her daughter. They are concerned about the run off into their fish
pond. Stephan said he believed there were other locations where Tex-Mix could
- Becky Atkinson indicated there should be a designated industrial park for the consolidation
of industries of this nature. She said Tex-Mix was not a fit for Spring Branch.
She expressed concerns regarding the plants effect on the honey bees.
- Sid Atkinson remarked that he did not believe
this area was the best place for a concrete batch plant. He mentioned that
Thomas Stone and Material had relocated to the south due to the 281 expansion
and they were pleased the facility had moved.
The group then
went to a question and answer format. Logan Owens first addressed an estimated
closing date on the property and said it would be
in about 40 days which would put it around the first of November. Logan
also responded to the TCEQ standards by
commenting that they are committed to meeting or exceeding those standards and
TCEQ does conduct audits. Sean commented they were verifying the 440 yard distances and believed they may be close.
Additionally, Logan mentioned they were discussing the possibility of a buyer
for the remainder of the property the facility would not need. There was some discussion regarding the Hutto
Plant and traffic. Logan and Sean explained the issue involved public road expansion
and was not initiated by Tex-Mix. Logan and Sean were asked where they
lived. Logan responded with Austin and
Sean said he resided in New Braunfels. Logan was asked if he planned on running
the plant 24 hours a day 7 days a week as the permit requested. Logan said he
has never run a 24 hour shift at any of his facilities. He continued by saying
he did not anticipate any 24 hour operations in Spring Branch but said there
might be an isolated project that was large enough to require continuous operation
for a limited period of time. Tex-Mix was asked if they had considered other
locations. Sean said that they had been looking for a couple of years before
they selected the property. Larry Hull and Stephen Luman (both realtors)
offered to continue to search for alternate locations. Larry mentioned that he
had already been searching for other locations but has been unable due to the
availability of a water supply like the one available from CLWSC, appropriate
location and price.
told the group she had surveyed the other Tex-Mix locations and did not receive
any adverse comments regarding their operations. She also commented on the idea
of an industrial park but mentioned that the
reality of that was probably years away and might not be a solution for this
that he appreciated the willingness of the Tex-Mix representatives to attend
this meeting. Logan told the group he understood how they felt and appreciated
Kennady summarized the meeting by commenting that it was apparent that the
neighbors did not want the Tex-Mix facility at the location selected and it
would be good if another spot was found. She continued by commenting that since
another location has not been found it would be good if the neighbors could get
the best circumstances possible. She stated that if nothing can be resolved she
will continue to be on the team with the residents and offered to help in any
way she can. She concluded by expressing her appreciation for the willingness
of Tex-Mix to meet with the folks, listen and discuss the issue.
the meeting by thanking everyone for attending. He mentioned that he hoped
there could be continued dialogue between Tex-Mix and the neighbors. He suggested
that any of the parties could contact him or Sherry if they wanted to continue
discussions or negotiations.