hayscountytx.com · Ingalsbe to authorize payment to Thomson Reuters for book subscription, where no purchase order was issued per County Purchasing Policy. All present voting “Aye”

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** *****

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 8TH DAY OF JANUARY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT,

TO-WIT:

RUBEN BECERRA COUNTY JUDGE

DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1

MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3

WALT SMITH COMMISSIONER, PCT. 4

CHRISTINE RODRIGUEZ CHIEF DEPUTY COUNTY CLERK

THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Commissioner Jones gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PRESENTATION OF CEREMONIAL SWEARING IN OF ALL NEWLY AND RE-ELECTED OFFICIALS

TO HAYS COUNTY AND APPROVE THE ACCEPTANCE OF OFFICIAL BONDS

Judge Maggie Hernandez – Moreno swore in the following Elected Officials: Hays County Judge – Ruben

Becerra, Hays County Clerk – Elaine H. Cárdenas, County Court at Law # 3 - Tacie Zelhart, District Attorney,

Wes Mau, Commissioner Pct. 2 – Mark Jones, Commissioner Pct. 3 – Lon A. Shell, Commissioner Pct. 4 – Walt

Smith, Justice of the Peace Pct. 2, Beth Smith, and Treasurer – Brittany Richey. Judge Beth Smith swore in

Justice of the Peace Pct. 1 Place 2, Maggie Hernandez- Moreno. Daniel J. Gonzales with Woodman Life

Insurance spoke and also handed out flags for the newly and re-elected officials.

Clerk’s Note: Court took a break at 9:16 a.m. and returned into open session at 9:25 a.m.

PRESENTATION BY THE HAYS COUNTY TREASURER’S OFFICE IN REGARDS TO THEIR ROLE

IN THE COUNTY

Treasurer, Britany Richey gave a PowerPoint presentation. The Hays County Treasurer will present an overview of the functions performed in the Treasurer's Office.

PUBLIC COMMENTS Harvey Jenkins, resident of San Marcos, Dan Lyon, resident of San Marcos, Sara Lee Myers resident of San

Marcos, and Susan Rae Gates, resident of Driftwood, all made public comments.

33400 APPROVE PAYMENTS OF COUNTY INVOICES

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County invoices in the amount of $3,141,079.55 as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED

33401 APPROVE PAYMENTS OF JUROR CHECKS

Marisol Villarreal – Alonzo spoke. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of Juror checks in the amount of $22,554.00 as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED

33402 APPROVE THE PAYMENT OF HUMANA AND UNITED HEALTHCARE CLAIMS

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of Humana and United Healthcare claims. All present voting “Aye”. MOTION PASSED

33403 APPROVE COMMISSIONERS COURT MINUTES OF DECEMBER 18, 2018

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of December 18, 2018 as presented by the County Clerk. All present voting “Aye”. MOTION PASSED


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33404 APPROVE THE PAYMENT OF THE JANUARY 15, 2019 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,650,000.00 EFFECTIVE

JANUARY 15, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS,

DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of the January 15, 2019 payroll disbursements in an amount not to exceed $2,650,000.00 effective January 15, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

33405 CLARIFY COUNTY MAINTENANCE AND/OR ACCEPT FOR COUNTY

MAINTENANCE THE FOLLOWING ROADWAYS WITHIN PRECINCT 4 OF HAYS

COUNTY: HARMON HILLS ROAD (13,163 FEET), HART LANE (2,681 FEET

BEGINNING AT THE INTERSECTION OF HARMON HILLS ROAD AND HART LANE),

BREED ROAD (842 FEET), HURLBUT ROAD (2,208 FEET), SULLIVAN RIDGE

(1,930 FEET), CARROL LANE (1,485 FEET), HARMON HILLS COVE (3,934 FEET),

AND LAURA HUNTER LANE (1,362 FEET)

General Counsel, Mark Kennedy spoke. First Assistant County Auditor, Vicki Dorsett spoke. Harmon Hills Court and Darter Lane will remain privately-maintained roads. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to clarify County maintenance and/or accept for County maintenance the following roadways within Precinct 4 of Hays County: Harmon Hills Road (13,163 feet), Hart Lane (2,681 feet beginning at the intersection of Harmon Hills Road and Hart Lane), Breed Road (842 feet), Hurlbut Road (2,208 feet), Sullivan Ridge (1,930 feet), Carrol Lane (1,485 feet), Harmon Hills Cove (3,934 feet), and Laura Hunter Lane (1,362 feet). All present voting “Aye”. MOTION PASSED

33406 AUTHORIZE PAYMENT TO THOMSON REUTERS FOR BOOK SUBSCRIPTION,

WHERE NO PURCHASE ORDER WAS ISSUED PER COUNTY PURCHASING POLICY

The District Attorney's Office received two [2] O'CONNOR'S TEXAS FAMILY LAW HANDBOOK 2019 and three [3] TEXAS RULES OF EVIDENCE HANDBOOK 2019 books for 26 attorneys. No purchase Order was obtained per County Purchasing Policy. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize payment to Thomson Reuters for book subscription, where no purchase order was issued per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33407 AUTHORIZE COMMERCIAL ON-SITE SEWAGE FACILITY PERMIT FOR THREE (3)

SHORT-TERM RENTAL CABINS LOCATED AT 2185 LONE MAN MOUNTAIN RD.

WIMBERLEY, TX 78676

Tom Keyser is proposing an On-Site Sewage Facility for three (3) short-term rental cabins. Each cabin is one (1) bedroom and 720sq.ft. The cabins will contain a sink, refrigerator and a microwave. No stove or oven will be present. These cabins will be serviced by rainwater collection. The system designer, Kyle DeHart, R.S., S.E., has designed a spray system to accommodate an average daily wastewater flow of 300 gallons per day. The structures will use a two (2) compartment 1500gal pre-treatment and equalization tank and a 600gpd aerobic treatment unit. A water meter will also be installed on the line from the tank to the spray heads. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize Commercial On-Site Sewage Facility Permit for three (3) short-term rental cabins located at 2185 Lone Man Mountain Rd. Wimberley, TX 78676. All present voting “Aye”. MOTION PASSED

33408 AUTHORIZE COMMERCIAL ON-SITE SEWAGE FACILITY PERMIT AT 12919

NUTTY BROWN RD, AUSTIN, TEXAS 78737

Miguel Del Pozo is proposing an OSSF to serve a small business and restroom for a horse barn. The system is designed to accommodate up to 4 employees and 8 customers per day. The system designer, Greg Nesbitt, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via drip irrigation tubing for a maximum daily rate of 152 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize Commercial On-Site Sewage Facility Permit at 12919 Nutty Brown Rd, Austin, Texas 78737. All present voting “Aye”. MOTION PASSED

33409 AMEND VARIOUS DEPARTMENTAL OPERATING BUDGETS IN PREPARATION FOR

THE COUNTY'S FY 2018 YEAR-END PROCESS

Harvey Jenkins, resident of San Marcos, made public comment. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to amend various departmental operating budgets in preparation for the County's FY 2018 year-end process. All present voting “Aye”. MOTION PASSED


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33410 AUTHORIZE COMMERCIAL ON-SITE SEWAGE FACILITY PERMIT AT 219

COMMERCIAL DR, BUDA, TX 78610

Texas Asphalt Pavement Association is proposing an on-site sewage facility to serve an office building. The office building will have no more than 16 employees and 37 customers. This site is located inside the city limits of Buda. Water will be supplied by a public water supply. The system designer, Chad Kimbell, P.E., has designed a system which consists of a 1500 gallon dual compartment pre-treatment/equalization tank, an Aqua Safe aerobic treatment unit and a drip emitter system. The maximum daily usage rate on average is 240 gallons per day. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Commercial On-site Sewage Facility Permit at 219 Commercial Dr, Buda, TX 78610. All present voting “Aye”. MOTION PASSED

33411 APPROVE THE APPOINTMENT OF DAVID FOWLER, CITY OF BUDA SENIOR

PLANNER, AS THE PRIMARY VOTING MEMBER ON THE TECHNICAL ADVISORY

COMMITTEE OF CAMPO, AND REAPPOINT HOWARD KOONTZ, CITY OF KYLE

COMMUNITY SERVICES DIRECTOR, AS THE ALTERNATE VOTING MEMBER

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the appointment of David Fowler, City of Buda Senior Planner, as the primary voting member on the Technical Advisory Committee of CAMPO, and reappoint Howard Koontz, City of Kyle Community Services Director, as the alternate voting member. All present voting “Aye”. MOTION PASSED

33412 APPROVE UTILITY PERMITS

Permit #:1121, 1122 Road Name: Trautwein Road, McCarty Lane Utility Company: Electric (PEC), West Fiber Optic Communications (Grande). A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Utility Permits # 1121 located at Trautwein Road, issued to Electric (PEC) and Permit # 1122 located at McCarty Lane issued to West Fiber Optic Communications (Grande). All present voting “Aye”. MOTION PASSED

33413 ACCEPT A DONATION FROM THE BURDINE JOHNSON FOUNDATION FOR THE

HISTORICAL KYLE DEPOT RESTORATION PROJECT AND AMEND THE BUDGET

ACCORDINGLY

The Historical Commission has received a donation for expenses related to the restoration of the Historic Kyle Depot. Funds will be used to construct a depot deck, add electricity to the caboose, a/c and heating system and an ADA ramp. Attachment: Donation Letter Budget Amendment: Increase Contributions Increase Contract Services. A motion was made by Commissioner Jones, seconded by Commissioner Shell to accept a donation from The Burdine Johnson Foundation for the Historical Kyle Depot Restoration Project and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33414 AUTHORIZE THE EXECUTION OF CHANGE ORDER NO. 1 WITH M&C FONSECA

CONSTRUCTION CO., INC. RELATED TO THE CEDAR OAK MESA WATERLINE

IMPROVEMENTS PROJECT FUNDED THROUGH THE TEXAS COMMUNITY

DEVELOPMENT BLOCK GRANT (TXCDBG) PROGRAM

On September 4, 2018 the Commissioners Court approved award of IFB 2018-B09 to M&C Fonseca for phase IV of the Cedar Oak Mesa waterline improvements project. Since the low bid was significantly less than the grant funds awarded for this project, an additional block of waterline in the Campfire Way Loop will be added. No county funds are required. Attachment: M&C Fonseca CO No. 1. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the execution of Change Order No. 1 with M&C Fonseca Construction Co., Inc. related to the Cedar Oak Mesa Waterline Improvements Project funded through the Texas Community Development Block Grant (TxCDBG) Program. All present voting “Aye”. MOTION PASSED

33415 APPROVE THE TRANSFER OF 2002 FORD EXPLORER FROM THE HAYS COUNTY

IT DEPARTMENT TO THE HAYS COUNTY BUILDING MAINTENANCE

DEPARTMENT

The following asset is being requested for transfer from the IT Department auction list to be utilized by the Facility Maintenance Manager: 2002 Ford Explorer, VIN: 1FMZU62R83ZA42554. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the transfer of 2002 Ford Explorer from the Hays County IT Department to the Hays County Building Maintenance Department. All present voting “Aye”. MOTION PASSED


***** *****

33416 AUTHORIZE THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE

TEXAS A&M AGRILIFE EXTENSION SERVICE FOR THE FERAL HOG ABATEMENT

PROGRAM AND AMEND THE BUDGET ACCORDINGLY

The County Feral Hog Abatement Grant is designed to encourage counties across the State of Texas to make a concentrated and coordinated effort to reduce the feral hog population and the damage caused by these animals throughout the year. Hays County will participate in a co-managed, regional feral hog abatement effort with cooperating counties including, Caldwell and Guadalupe. The grant will provide $13,100 in funding assistance for this program. The grant period is from October 1, 2018 to August 31, 2019 and the county will work with the Texas State University Meadows Center for Water and Environment to provide professional services for this grant program. Budget Amendment: Increase Intergovernmental Revenue .4301 - ($13,100) Increase Contract Services .5448 - $8,500 Increase Eqpt Maint - .5411 - $600 Increase General Supplies - .5201 - $4,000. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the execution of an Interlocal Agreement with the Texas A&M Agrilife Extension Service for the Feral Hog Abatement Program and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33417 RATIFY THE INTERGOVERNMENTAL TRANSFERS (IGT) OF LOCAL PROVIDER

PARTICIPATION FUNDS (LPPF) AND/OR HEALTHCARE PROGRAM FUNDS FOR

CENTRAL TEXAS MEDICAL CENTER AND SETON MEDICAL CENTER HAYS FOR

DY7 UNCOMPENSATED CARE (UC) PAYMENTS AS PART OF THE TEXAS

HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM

(1115 WAIVER) IN THE AMOUNT OF $2,084,052.58 THROUGH THE TEXNET

ELECTRONIC PAYMENT SYSTEM

The transfer date deadline was January 3, 2019 for DY7 Round 2 in the amounts of: CTMC: $1,454,523.43 (Family Health Services Funds) Seton Healthcare dba Dell Children's Medical Center: $629,529.15 (LPPF Funds) Though the IGT of these funds do not require specific Court approval, having them approved (If sufficient notice is given by the State) or ratified (if sufficient notice is not provided by the State) ensures the Court and the public are informed of the process. DSRIP Monitoring payments are used for monitoring activities of the Texas 1115 waiver program as required by the State's agreement with the Centers for Medicaid Medicare Services (CMS). A motion was made by Commissioner Jones, seconded by Commissioner Shell to ratify the Intergovernmental Transfers (IGT) of Local Provider Participation funds (LPPF) and/or Healthcare Program Funds for Central Texas Medical Center and Seton Medical Center Hays for DY7 Uncompensated Care (UC) payments as part of the Texas Healthcare Transformation and Quality Improvement Program (1115 Waiver) in the amount of $2,084,052.58 through the TexNet electronic payment system. All present voting “Aye”. MOTION PASSED

33418 CLARIFY TITLE OF COUNTY COURTS AT LAW BAILIFFS AS "DEPUTY

CONSTABLE-BAILIFF", POSITIONS WHICH SHALL NOT BE CONSIDERED

MEMBERS OF THE COLLECTIVE BARGAINING UNIT

A motion was made by Commissioner Jones, seconded by Commissioner Shell to clarify title of County Courts at Law Bailiffs as "Deputy Constable-Bailiff", positions which shall not be considered members of the Collective Bargaining Unit. All present voting “Aye”. MOTION PASSED

33419 APPROVE THE REAPPOINTMENT OF COMMISSIONER DEBBIE GONZALES

INGALSBE TO THE ECONOMIC DEVELOPMENT SAN MARCOS BOARD (EDSM)

Dan Lyon, resident of San Marcos, made public comment. Commissioner Ingalsbe spoke. This is a 3 year term, starting March 1, 2019 and ending February 28, 2022. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the reappointment of Commissioner Debbie Gonzales Ingalsbe to the Economic Development San Marcos Board (EDSM). All present voting “Aye”. MOTION PASSED

33420 SUB-1160; CALL FOR A PUBLIC HEARING ON JANUARY 22, 2019 TO DISCUSS

FINAL PLAT APPROVAL OF THE REPLAT OF LOT 113, ROLLING OAKS

SUBDIVISION. SHELL/STRICKLAND

Caitlyn Strickland, Director of the Department of Development Services spoke. Rolling Oaks is a recorded subdivision located off of Todo Lane in Precinct 3. The proposed re-plat will divide the 8.76 acre lot 113 into 2 lots. Water service will be provided by private wells and wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Shell , seconded by Commissioner Jones to Call for a public hearing on January 22, 2019 to discuss final plat approval of SUB-1160; Replat of Lot 113, Rolling Oaks Subdivision. All present voting “Aye”. MOTION PASSED


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33421 SUB-1135; COLLEEN'S CORNER SUBDIVISION (2 LOTS). DISCUSSION AND

POSSIBLE ACTION TO APPROVE FINAL PLAT

County Planner, Marcus Pacheco spoke and gave staff recommendation. Colleen's Corner is a proposed 2 lot subdivision located along FM 2325 in PCT 3. Water service will be provided by private wells and wastewater service will be accomplished by individual OSSF. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve final plat SUB-1135; Colleen's Corner Subdivision (2 Lots). All present voting “Aye”. MOTION PASSED

33422 AUTHORIZE THE EXECUTION OF AN INTERLOCAL COOPERATION AGREEMENT

BETWEEN HAYS COUNTY AND TEXAS STATE UNIVERSITY TO BE PERFORMED

BY THE MEADOWS CENTER FOR WATER AND THE ENVIRONMENT RELATED TO

THE 2019 HAYS COUNTY FERAL HOG PROGRAM

Commissioner Jones spoke. Commissioner Smith spoke. Texas State University - The Meadows Center for Water and the Environment will provide services associated with Texas A&M AgriLife Extension Feral Hog Abatement Grant program as follows: -General Project Management -Website Development/Social Media Campaign -Four Landowner Outreach Events -Hays County Feral Hog Removal Tracking including a County Level Damage Assessment -Remote-Operated Feral Hog Trap Sharing Cooperative -Cost-Sharing Incentive Program -Development of Final Report The Feral Hog Abatement Grant Program will provide up to $13,000 in funding assistance for this program of which $7,000 will be utilized for the services. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the execution of an Interlocal Cooperation Agreement between Hays County and Texas State University to be performed by the Meadows Center for Water and the Environment related to the 2019 Hays County Feral Hog Program. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #26 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION

REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM110 IN PCT. 1.

POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – was pulled

33423 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE

TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND

DELIBERATION REGARDING POSITIONS WITHIN THE HAYS COUNTY

TREASURER'S OFFICE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 10:17a.m. and reconvened into open court at 10:40a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, County Auditor, Marisol Villarreal–Alonzo, First Assistant County Auditor, Vickie Dorsett, H.R. Director, Shari Miller and County Treasurer, Britney Ritchie. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the Treasurer’s Office proposed re-organization and salary exceptions effective 1/1/2019 as presented: 17% Salary Exception for Assistant Treasurer and Re-grade to 117, 30% Salary Exception for Financial Analyst II slot 0019-002, Retitle to Treasury Services Manager and Re-grade to 116, 33% Salary Exception for Payroll Manager, Re-title Bookkeeper, slot 0450-001 to Treasury Specialist and Re-grade to 111, Re-title all 109 positions to Treasury Associates, Accept the appointment of Laura Nava as the Hays County Assistant Treasurer and file the Oath of Office with the County Clerk’s Office. All proposed changes are funded through salary savings within the Treasurer’s Operating budget due to attrition. All present voting “Aye”. MOTION PASSED



DELIBERATION REGARDING EMPLOYMENT AND DUTIES OF THE COMMAND

STAFF EXECUTIVE ASSISTANT (ADMIN III) WITHIN THE HAYS COUNTY

SHERIFF'S OFFICE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 10:40 a.m. and reconvened into open court at 10:42 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Sheriff Gary Cutler, and Captain Julie Villalpando. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize a 25% Salary Exception for Administration Assistant III, slot 0271-003 effective 1/1/2019. Funds are available through salary savings within the Sheriff’s Operating budget due to attrition. All present voting “Aye”. MOTION PASSED




***** *****

DELIBERATION REGARDING THE DIRECTOR OF DEVELOPMENT SERVICES.

POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 10:56 a.m. and reconvened into open court at 11:06 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, County Auditor, Marisol Villarreal–Alonzo, First Assistant County Auditor, Vickie Dorsett, H.R. Director, Shari Miller and County Treasurer, Britney Ritchie. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to hire Caitlyn Strickland as the Director of the Department of Development Services, promoting her to a grade 118 per county policy, effective January 1, 2019. All present voting “Aye”. MOTION PASSED



DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS WITHIN THE COUNTY

JUDGES OFFICE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 11:06 a.m. and reconvened into open court at 12:03p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, County Auditor, Marisol Villarreal–Alonzo, First Assistant County Auditor, Vickie Dorsett, H.R. Director, Shari Miller and County Treasurer, Britney Ritchie. A motion was made by Commissioner Judge Becerra, seconded by Commissioner Jones to accept the Judge’s proposed salary exceptions effective 1/1/2019 as presented: 25 % Salary Exception for Administrator Assistant III, slot 0271-011, 25% Salary Exception for Chief of Staff, slot 0278-001 and implement a $3,600 annual travel stipend. Funds are available in the County Wide Salary Adjustments budget due to attrition. All present voting “Aye”. MOTION PASSED



DELIBERATION REGARDING EMPLOYMENT AND DUTIES OF THE EXECUTIVE

ASSISTANT (ADMIN III) WITHIN THE HAYS COUNTY PRECINCT 4

COMMISSIONER'S OFFICE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 11:06 a.m. and reconvened into open court at 12:03 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, General Counsel, Mark Kennedy, County Auditor, Marisol Villarreal–Alonzo, First Assistant County Auditor, Vickie Dorsett, H.R. Director, Shari Miller and County Treasurer, Britney Ritchie. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize a 25% Salary Exception for Administrative Assistant III, slot 0271-015 effective 1/1/19. Funds are available through salary savings within the Commissioner’s Operating budget due to attrition. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #32 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL,

AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE

COUNTY. POSSIBLE ACTION MAY FOLLOW. – was pulled

ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION

The Burn Ban will remain lifted.

Clerk’s Note Agenda Item #34 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND

PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND

ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – was pulled

Clerk’s Note Agenda Item #35 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION

INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – was pulled

ADJOURNMENT A motion was made by Commissioner Jones, seconded by Commissioner Shell, to adjourn court at 12:09 a.m.

I, ELAINE H. CÁRDENAS, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’

COURT, do hereby certify that the foregoing contains a true and accurate record of the

proceedings had by the Hays County Commissioners’ Court on January 8, 2019.


***** *****

ELAINE H. CÁRDENAS, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF

HAYS COUNTY, TEXAS


***** *****

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 15TH DAY OF JANUARY A.D., 2018, THE COMMISSIONERS' COURT OF HAYS

COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT,

TO-WIT:

DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2

LON A. SHELL COMMISSIONER, PCT. 3


ELAINE H. CÁRDENAS COUNTY CLERK

WITH COUNTY JUDGE, RUBEN BECERRA, BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Nahum Melendez gave the invocation. Commissioner Ingalsbe led the court in the Pledge of Allegiance to the United States and Texas flags. Commissioner Ingalsbe called the meeting to order. PUBLIC COMMENTS Harvey Jenkins, resident of San Marcos, Dan Lyon, resident of San Marcos, Gloria Salazar, resident of San Marcos, Roger Keen, resident of Driftwood, all made public comments.

33428 ADOPT A PROCLAMATION RECOGNIZING JANUARY 15, 2019 AS

GARY JOB CORPS CORRECTIONS CADET, "MICHAEL LEWIS DAY"

FOR HIS HEROIC RESPONSE IN PROVIDING LIFESAVING FIRST

AID

Business Community Liaison Randolph Goodman spoke. Sights and Sounds Board Member Elva Zdeb spoke. San Marcos Marshall, Scott Raven spoke. The following students were present: Gary SGA student Caleb Burrell, Gary Safety Security Manager Craig Marks, Gary Corrections Cadets, Paul Dunn, Kenta Henry, Steven Barbee, Clinton Alexander, Corrections Instructors Major Troy Oldbury, Captain Preston Smith. Cadet Michael Lewis received his first aid training at Gary Job Corps Center. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a proclamation recognizing January 15, 2019 as Gary Job Corps Corrections Cadet, "Michael Lewis Day" for his heroic response in providing lifesaving first aid. All present voting “Aye”. MOTION PASSED

33429 ADOPT A PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY

OF THE WIMBERLEY LIONS CLUB

Commissioner Shell spoke. Wimberley Lions Club President, Richard Newsum spoke and introduce the Wimberley Lions Club Board of Directors: Patrick Cox, Ron Steel, Vic Forsyth, Bobby Burris, Frank Curtis, Sheriff Lt. Ronnie Strain, and Judge Cable. Patrick Steel spoke. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a proclamation recognizing the 50th Anniversary of the Wimberley Lions Club. All present voting “Aye”. MOTION PASSED

33430 ADOPT A PROCLAMATION DECLARING JANUARY 21, 2019 AS DR.

MARTIN LUTHER KING, JR. DAY

Jonafa Banbury spoke. Mittie Miller spoke. The following individuals were also present: Rose Brooks and Gloria Salazar. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a proclamation declaring January 21, 2019 as Dr. Martin Luther King, Jr. Day. All present voting “Aye”. MOTION PASSED

PRESENTATION BY CENTRAL TEXAS MEDICAL CENTER CEO, ANTHONY STAHL TO

PROVIDE AN UPDATE ON THE OPERATIONS OF THE LIVE OAK COMMUNITY HEALTH

CLINIC

Central Texas Medical Center, CEO Anthony Stahl, spoke. Live Oak Health Partners, Practice Administrator,

Brent Hastings spoke and presented the Court with a PowerPoint Presentation. Commissioner Ingalsbe spoke.

Commissioner Shell spoke.


***** *****

PRESENTATION BY THE OFFICE OF EMERGENCY SERVICES ON THE STANDARD

RESPONSE PROTOCOL ANIMATED VIDEO FOR PRE-K TO 2ND GRADE

Emergency Management Director, Kharley Smith spoke. Asst. Chief of the San Marcos Police Dept., Bob Klett, spoke and presented the Court with a Video. Presentation on the newly created Standard Response Protocol Animated Video for Pre-K to 2nd grade that was developed by Hays County to enhance the SRP program in facilitated emergency training for younger children or individuals that learn more effectively by animated video instruction. The Court presentation will proceed a statewide media launch held at 11:00 at the HCISD PAC in Kyle. The training video will then be available at hayscountysrp.com


A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve payments of County invoices in the amount of $940,826.14, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve payments of Juror checks in an amount of $3,004.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #8 RE: APPROVE THE PAYMENT OF HUMANA AND UNITED

HEALTHCARE CLAIMS. – was pulled

33433 APPROVE COMMISSIONERS COURT MINUTES OF JANUARY 8,

2019

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Commissioners Court Minutes of January 8, 2019 as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

33434 AUTHORIZE PAYMENT TO TEJAS OFFICE PRODUCTS INC. FOR

NEWLY ELECTED COUNTY CLERK STAMPS IN WHICH NO

PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY

PURCHASING POLICY

The County Clerk's Office purchased signature and date stamps for the newly elected County Clerk and did not follow the County procurement policies. Funds are available within their operating budget to cover this expenditure. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize payment to Tejas Office Products Inc. for newly elected County Clerk stamps in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33435 AUTHORIZE COMMERCIAL ON-SITE SEWAGE FACILITY PERMIT AT

2608 MCGREGOR LANE, DRIPPING SPRINGS, TEXAS 78620

Mike Stepchinski is proposing an OSSF to serve the Centex Auto office. The system is designed to accommodate up to 5 employees and nearly zero customers per day. This online sales center will have their employees repair purchased vehicles. The system designer, Stephen Jetton, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 300 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Commercial On-Site Sewage Facility Permit at 2608 McGregor Lane, Dripping Springs, Texas 78620. All present voting “Aye”. MOTION PASSED

33436 AUTHORIZE THE EXECUTION OF THE TEXAS WORKFORCE

COMMISSION INFORMATION RELEASE CONTRACT

The contract term is from March 1, 2019 until February 28, 2020. The total amount of this Contract will not exceed the sum of $1,500 which covers up to and including 10 online users. Funds are budgeted in the Sheriff Drug Forfeiture Fund. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the execution of the Texas Workforce Commission Information Release Contract. All present voting “Aye”. MOTION PASSED


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33437 APPROVE THE REAPPOINTMENT OF ERIC HOLEN AND SUSAN

MECKEL TO EMERGENCY SERVICES DISTRICT #5, TERM ENDING

DECEMBER 31, 2020

Holen and Meckel have agreed to serve an additional two-year term beginning January 1, 2019. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the reappointment of Eric Holen and Susan Meckel to Emergency Services District #5, term ending December 31, 2020. All present voting “Aye”. MOTION PASSED

33438 APPROVE AND ACCEPT THE 2018 RACIAL PROFILING REPORT

FOR THE HAYS COUNTY SHERIFF'S OFFICE

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve and accept the 2018 Racial Profiling Report for the Hays County Sheriff's Office. All present voting “Aye”. MOTION PASSED


Permit #: 1123 Road Name: 200 Depot Drive Utility Company: Goforth (SUD). A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Utility Permit # 1123 located at 200 Depot Drive issued to Goforth (SUD), as presented by the Transportation Director. All present voting “Aye”. MOTION PASSED

33440 APPROVE PAYMENT TO THOMSON REUTERS FOR BOOK

SUBSCRIPTIONS FOR THE COUNTY COURT AT LAW 2 OFFICE IN

WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER

COUNTY PURCHASING POLICY

The CCL Offices ordered Texas Penal Code with related Law Annotations for the courts and did not follow the County procurement policies. Funds are available within their FY18 operating budget to cover this expenditure. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve payment to Thomson Reuters for book subscriptions for the County Court at Law 2 Office in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33441 APPROVE THE REAPPOINTMENT OF SCOTT ROBERTS TO THE

BOARD OF DIRECTORS OF THE WEST TRAVIS COUNTY PUBLIC

UTILITY AGENCY (THE “WTCPUA”), TERM ENDING SEPTEMBER

2022

Ray Whisenant Jr., resident of Dripping Springs, spoke. General Counsel, Mark Kennedy spoke. Commissioner Smith spoke. Pursuant to the Bylaws and Participant Agreement between Hays County, City of Bee Cave, and MUD No.5, all parties must confirm the appointments of the board members. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the reappointment of Scott Roberts to the Board of Directors of the West Travis County Public Utility Agency (the “WTCPUA”), term ending September 2022. All present voting “Aye”. MOTION PASSED

33442 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE EXISTING FUNDS

TO PURCHASE COMPUTER EQUIPMENT FOR THE RECORDS

MANAGER POSITION APPROVED IN THE FY19 BUDGET AND

AMEND THE BUDGET ACCORDINGLY

In the FY19 Budget the Sheriff's Office was approved a new Records Manager position and at this time the S.O. is requesting to utilize existing funds to upgrade computer equipment from a Complete Thin Client to a Surface Pro Package and accessories, with scanner and dual monitors. This position will require numerous off-site visits which will include the need to access computer information. Additionally, the position will require development of forms and computer system development. Dual monitors are necessary to effectively and efficiently achieve this activity. The position will be a key requirement in the success of our RMS transition. No additional funds are needed; funding for this request is identified in the Sheriff's Office Operating Budget. Budget Amendment Surface Pro & Scanner Decrease 001-618-00.5717_400 Law Enforcement Equipment Capital ($2,996.00) Increase 001-618-00.5712_400 Computer Equipment Capital $2,996.00 Adobe Pro License Decrease 001-618-00.5211 Office Supplies ($389.00) Increase 001-618-00.5429 Software Maintenance and Licensing $389.00 Surface Pro Accessories, Dual Monitors & UPC Decrease 001-618-00.5211 Office Supplies ($1,036.00) Increase 001-618-00.5202 Data Processing Supplies $1,036.00. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Sheriff's Office to utilize existing funds to


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purchase computer equipment for the Records Manager Position approved in the FY19 budget and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33443 AUTHORIZE THE INFORMATION TECHNOLOGY DEPARTMENT TO

PURCHASE ONE (1) REPLACEMENT FUJITSU DOCUMENT SCANNER

FOR THE JUSTICE OF THE PEACE, PRECINCT 4 OFFICE AND


A replacement scanner is needed for the Justice Clerk in Precinct 4. The scanner is utilized on a daily basis for paperless processing of court documents. Funds within the JP Technology Fund are available to make this purchase. Budget Amendment: Decrease 112-628-00.5712_400 Increase 112-629-00.5712_400. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Information Technology Department to purchase one (1) replacement Fujitsu Document Scanner for the Justice of the Peace, Precinct 4 Office and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #20 RE: AMEND VARIOUS DEPARTMENTAL OPERATING BUDGETS IN

PREPARATION FOR THE COUNTY'S FY 2018 YEAR-END PROCESS. – was pulled

33444 AUTHORIZE THE DISTRICT ATTORNEY'S OFFICE TO PURCHASE

SIX (6) NEW OPTIPLEX 7060 SFF COMPUTER SYSTEMS AND


During a recent FBI/DPS security audit, it was discovered that the current CJIS 5.7 security policy does not allow for the usage of Virtual Desktops (VDI Thin Clients) for employees that access the TLETS system. In order to pass the security audit, TLETS was disabled on all VDI computers within the DA's Office. The requested six VDI Thin Clients need to be replaced with computers in order for the intake staff and investigators to be reinstated with the necessary access to TLETS to fulfil essential job requirements and ensure compliance with the CJIS security policy. The DA has authorized the use of Drug Forfeiture Funds for three of the computers and has salary savings due to attrition to fund the remaining three computers needed. Budget Amendment: Increase DA DFF Forfeiture Proceeds - ($2,638) Increase DA DFF Computer Eqpt - $2,638 Decrease DA Ops Staff Salaries - ($2,638) Increase DA Ops Computer Eqpt - $2,638. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the District Attorney's Office to purchase six (6) new OptiPlex 7060 SFF Computer Systems and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33445 RATIFY GENERAL COUNSEL'S ADMINISTRATIVE AMENDMENT TO

THE COLLECTIVE BARGAINING AGREEMENT BETWEEN HAYS

COUNTY AND HCLEA EXECUTED ON OR ABOUT OCTOBER 1, 2016

General Counsel, Mark Kennedy spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to ratify General Counsel's administrative amendment to the Collective Bargaining Agreement between Hays County and HCLEA executed on or about October 1, 2016. All present voting “Aye”. MOTION PASSED

33446 AUTHORIZE THE EXECUTION OF THE FY 2019 GRANT

AGREEMENTS WITH THE U.S. DEPARTMENT OF JUSTICE, DRUG

ENFORCEMENT ADMINISTRATION FOR OVERTIME

REIMBURSEMENTS RELATED TO THE SHERIFF'S OFFICE

ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE (OCDETF)

AND AMEND THE BUDGET ACCORDINGLY

The Sheriff's Office receives funding annually from the Drug Enforcement Administration to offset overtime costs for the detective assigned to the OCDETF Program. Funding has been budgeted during the FY19 budget process for a portion of the grant award ($3k). The Sheriff's Office has received an additional award of $4,000. Budget Amendment Increase Intergovernmental Revenues 001-618-99-069.4301 - $4,000 Increase Overtime 001-618-99-069.5031 - $4,000 Attachments: OCDETF FY19 Grant Agreement - SW-TXW-0850 - $4,000 OCDETF FY19 Grant Agreement - SW-TXW-0873H - $3,000. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the execution of the FY 2019 Grant Agreements with the U.S. Department of Justice, Drug Enforcement Administration for overtime reimbursements related to the Sheriff's Office Organized Crime Drug Enforcement Task Force (OCDETF) and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


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PURCHASE ONE (1) REPLACEMENT DELL LATITUDE LAPTOP WITH

ACCESSORIES AND ADOBE SOFTWARE FOR THE COMMISSIONER

PRECINCT 3 ADMINISTRATIVE ASSISTANT III AND AMEND THE

BUDGET ACCORDINGLY

A replacement computer and accessories are needed for the Admin position within the Commissioner Pct. 3 Office. This position offices at the Wimberley and San Marcos locations, therefore a laptop will be more functional and cost effective. Possible funding source = County Wide Contingencies. Budget Amendment: Decrease County-Wide Contingences 001-645-00.5399 Increase Comm 3 Computer Equipment 001-603-00.5712_400 - $960 Increase Comm 3 Data Supplies 001-603-00.5202 - $314 Increase Comm 3 Software Licenses 001-603-00.5429 - $389. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Information Technology Department to purchase one (1) replacement Dell Latitude Laptop with Accessories and Adobe Software for the Commissioner Precinct 3 Administrative Assistant III and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


3411 ELDER HILL ROAD-UNITS A-D, DRIFTWOOD, TEXAS 78619

Director of Development Services, Caitlyn Strickland spoke and gave full staff recommendation. Ryen Burrus of Gladys Highlands, LLC is proposing an OSSF to serve four 700 square foot tiny homes for longterm leasing. The system is designed to accommodate cabins A through D. The cabins will be served by rainwater collection systems on this 12.184 acre tract. The system designer, Stephen Jetton, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 400 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize Commercial On-Site Sewage Facility Permit at 3411 Elder Hill Road-Units A-D, Driftwood, Texas 78619. All present voting “Aye”. MOTION PASSED


3411 ELDER HILL ROAD-UNITS E-F, DRIFTWOOD, TEXAS 78619

Director of Development Services, Caitlyn Strickland spoke and gave full staff recommendation. Ryen Burrus of Gladys Highlands, LLC is proposing an OSSF to serve two 700 square foot tiny homes for long-term leasing. The system is designed to accommodate cabins E and F. The cabins will be served by rainwater collection systems on this 12.184 acre tract. The system designer, Stephen Jetton, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 200 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize Commercial On-Site Sewage Facility Permit at 3411 Elder Hill Road-Units E-F, Driftwood, Texas 78619. All present voting “Aye”. MOTION PASSED


3411 ELDER HILL ROAD-UNITS G-K, DRIFTWOOD, TEXAS 78619

Director of Development Services, Caitlyn Strickland spoke and gave full staff recommendation. Ryen Burrus of Gladys Highlands, LLC is proposing an OSSF to serve five 700 square foot tiny homes for long-term leasing. The system is designed to accommodate cabins G through K. The cabins will be served by rainwater collection systems on this 12.184 acre tract. The system designer, Stephen Jetton, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 600 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize Commercial On-Site Sewage Facility Permit at 3411 Elder Hill Road-Units G-K, Driftwood, Texas 78619. All present voting “Aye”. MOTION PASSED


3411 ELDER HILL ROAD-UNITS L-M, DRIFTWOOD, TEXAS 78619

Director of Development Services, Caitlyn Strickland spoke and gave full staff recommendation. Ryen Burrus of Gladys Highlands, LLC is proposing an OSSF to serve two 700 square foot tiny homes for long-term leasing. The system is designed to accommodate cabins L and M. The cabins will be served by rainwater collection systems on this 12.184 acre tract. The system designer, Stephen Jetton, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 200 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize Commercial On-Site Sewage Facility Permit at 3411 Elder Hill Road-Units L-M, Driftwood, Texas 78619. All present voting “Aye”. MOTION PASSED


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3411 ELDER HILL ROAD-UNITS N-O, DRIFTWOOD, TEXAS 78619

Director of Development Services, Caitlyn Strickland spoke and gave full staff recommendation. Ryen Burrus of Gladys Highlands, LLC is proposing an OSSF to serve two 700 square foot tiny homes for long-term leasing. The system is designed to accommodate cabin N and possible future cabin O. The cabins will be served by rainwater collection systems on this 12.184 acre tract. The system designer, Stephen Jetton, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 200 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize Commercial On-Site Sewage Facility Permit at 3411 Elder Hill Road-Units N-O, Driftwood, Texas 78619. All present voting “Aye”. MOTION PASSED

33453 CALL FOR A PUBLIC HEARING ON JANUARY 29, 2019 TO

ESTABLISH A 4-WAY STOP AT THE INTERSECTION OF MARSH

LANE, PAINTED DESERT LANE AND THE STAFF/BUS

ENTRANCE/EXIT DRIVEWAY, AND A 3-WAY STOP AT THE

INTERSECTION OF MARSH LANE & DIAMONDBACK COVE FOR

RALPH PFLUGER ELEMENTARY SCHOOL IN THE SHADOW CREEK

SUBDIVISION

Commissioner Jones spoke. Director of Transportation, Jerry Borcherding spoke and gave staff approval. This action would establish a total of four new stop signs adjacent to Ralph Pfluger Elementary School, all on Marsh Lane (two each direction) to help with traffic control during school hours (see map). There are existing stop signs on Painted Desert Lane, the school staff/bus entrance/exit, and on Diamondback Cove. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to call for a public hearing on January 29, 2019 to establish a 4-way stop at the intersection of Marsh Lane, Painted Desert Lane and the staff/bus entrance/exit driveway, and a 3-way stop at the intersection of Marsh Lane & Diamondback Cove for Ralph Pfluger Elementary School in the Shadow Creek subdivision. All present voting “Aye”. MOTION PASSED

33454 CALL FOR A PUBLIC HEARING ON JANUARY 29, 2019 TO

ESTABLISH A 35 MPH SPEED LIMIT ON MANCHACA SPRINGS

ROAD

Commissioner Jones spoke. This action would establish a speed limit of 35 MPH on Manchaca Springs Road as a result of a recent traffic study conducted by the Transportation Dept. This request will help to establish the future school zone speed limit and warning signs for the new Hays CISD elementary school opening fall of 2019. Manchaca Springs Road is not listed under Hays County Traffic Regulations as having a speed limit, thus there are no speed limit signs currently posted along the road. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to call for a public hearing on January 29, 2019 to establish a 35 MPH speed limit on Manchaca Springs Road. All present voting “Aye”. MOTION PASSED

33455 ACCEPT THE RELEASE OF THE MAINTENANCE BOND

#4401103MNT-1 IN THE AMOUNT OF $33,590.54, AND THE

ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE

SYSTEM FOR REUNION RANCH SUBDIVISION, PHASE 2, SECTION

3

Commissioner Smith spoke. Director of Transportation, Jerry Borcherding spoke and gave staff approval. Staff recommends acceptance of the roads into the county road maintenance system. The roads include: Delayne Drive (2,480 ft.) and Tiffanie Way (800 ft.). A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to accept the release of the maintenance bond #4401103MNT-1 in the amount of $33,590.54, and the acceptance of roads into the county road maintenance system for Reunion Ranch subdivision, Phase 2, Section 3. All present voting “Aye”. MOTION PASSED

33456 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO

DOUBLE FILL THE JUVENILE PROBATION ANALYST POSITION,

SLOT 0976-001 FOR A 2-MONTH PERIOD EFFECTIVE 04/01/2019


Chief Juvenile Probation Officer, Shelly Williams spoke. The Chief Juvenile Probation Officer requests the Courts authorization to double fill the analyst position for a twomonth period due to the complexities of the job duties. This position is a specialized independent position requiring technical expert knowledge and skills regarding the state software system and a multitude of other duties. It has a great degree of responsibility that effects the Texas Juvenile Justice Department, Department of Public Safety, and Department of Criminal Justice


***** *****

reporting and law compliance. The position was also tasked in 2018 with new sealing of juvenile records laws effecting over 25,000 files. The double fill position will assist the department in the enormous task of becoming current in fulfilling the new law request in addition to learning job duties and responsibilities for the position that will be vacated on May 31, 2019. Savings of $6,530 within the budgeted position will be available to cover a portion of the payroll expenses. The remaining funds needed for the double fill is $2,580. Potential funding source = County Wide Salary Adjustments. Budget Amendment: $2,142 - Increase Staff Salaries $ 31 - Increase FICA $ 133 - Increase Medicare $ 274 - Increase Retirement ($2,580) - Decrease Co Wide Salary Adjustments. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Juvenile Probation Department to double fill the Juvenile Probation Analyst position, slot 0976-001 for a 2-month period effective 04/01/2019 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33457 HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION

293.101 OF THE TEXAS HEALTH AND SAFETY CODE TO HEAR

PUBLIC COMMENTS AND CONSIDER ACTION CONCERNING THE

AMOUNT OF THE MANDATORY PAYMENTS REQUIRED OF ALL

LOCAL HOSPITALS IN FISCAL YEAR (FY) 2019 PURSUANT TO THE

COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM

AND HOW THE REVENUE DERIVED FROM THOSE PAYMENTS IS

TO BE SPENT

Commissioner Ingalsbe opened the public hearing. Adelanto Healthcare Ventures, Annie Daskovsky spoke. Central Texas Medical Cente Representative, Eric Weatherford spoke. Central Texas Medical Center, CEO Anthony Stahl, spoke. Seton Hays Medical Center, Chief Advocacy Officer, Geronimo Rodriguez spoke. Commissioner Shell spoke. Commissioner Ingalsbe closed the public hearing. Hays County's participation in a County Health Care Provider Participation Program is authorized by HB 3175 passed during the 84th Texas Legislature. A County Health Care Provider Participation Program authorizes a county to collect a mandatory payment from each institutional health care provider located in the county to be deposited in a local provider participation fund established by the county. Money in the fund may be used by the county to fund certain intergovernmental transfers and indigent care programs as provided by Chapter 293 of the Texas Health and Safety Code. Central Texas Medical Center of San Marcos and Seton Medical Center Hays supported passage of HB 3175 and the creation of the program in Hays County. The Hays County Commissioners Court adopted and Order authorizing the County's participation in the LPPF program on 9-15-15. On 9-29-15 a public hearing was held to establish the LPPF. Notice of the Public Hearing has been posted in accordance with 293.101 of the Texas Health and Safety Code. During the hearing, the Court will set the state fiscal year 2019 assessment rate, consider the approval of the amount of payments for each hospital as determined by 293.151 THSC and consider other issues related to the program. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to Adopt a rate of 4.35 percent in accordance with section 293.101 of the Texas Health and Safety Code concerning the amount of the mandatory payments required for all local hospitals in FY 2019 pursuant to the County Heath Care Provider Participating Program and authorize all the payments of transfer in a timely manner with the payment transfer not to exceed the balance of the account. All present voting “Aye”. MOTION PASSED

33458 ACCEPT THE CORRECTION OF A STREET NAME AS ORIGINALLY

PLATTED IN SUNFIELD PHASE 2 SECTION 4

Upon closer examination of the Sunfield Phase 2 Section 4 plat, county staff found two labels for Vista Gardens Drive to be misspelled as Vista Garden Drive (No "s" was used). Development Services request that the court approve correction of the two labels affecting pages 2, 3, and 4 of the Sunfield Phase 2 Section 4 plat (Instrument #15028108), from Vista Garden Drive (Garden with no "s") to Vista Gardens Drive (Gardens with an "s"), to prevent any future confusion regarding the correct spelling of the street name. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the correction of a street name as originally platted in Sunfield Phase 2 Section 4. All present voting “Aye”. MOTION PASSED

33459 ACTION TO AWARD RFP 2019-P01 CDBG MANAGEMENT SERVICES

TO LANGFORD COMMUNITY MANAGEMENT SERVICES, INC. AND

AUTHORIZE THE COUNTY JUDGE TO EXECUTE CONTRACT

DOCUMENTS

On December 18, 2018 the Commissioners Court approved specifications and authorized Purchasing to solicit for CDBG Management Services. The firm Langford Community Management Services, Inc. was the only respondent to the solicitation. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to award RFP 2019-P01 CDBG Management Services to Langford Community Management Services, Inc. and authorize the County Judge to execute contract documents. All present voting “Aye”. MOTION PASSED


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Clerk’s Note Agenda Item #37 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG

PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – was pulled

EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS GOVERNMENT CODE:

CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED

LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN

COURT

Court convened into Executive session at 11:11 a.m. and reconvened into open court at 12:06 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, H.R. Director, Shari Miller, Mike Shannassey, and Legal Support Services Specialist, Janice Jones. No action taken.

33460 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION

WITH COUNSEL AND DELIBERATION REGARDING POSITIONS

WITHIN THE HAYS COUNTY TREASURER'S OFFICE. POSSIBLE

ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 11:05 a.m. and reconvened into open court at 11:10 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Whisenant, General Counsel, Mark Kennedy, County Auditor, Marisol Villarreal–Alonzo, First Assistant County Auditor, Vickie Dorsett, H.R. Director, Shari Miller, County Treasurer, Britney Ritchie, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to re-grade the part-time Admin. Asst. I, slot 0273-001 grade 106 to a full-time Treasury Associate grade 109 effective February 1, 2019 and amend the budget accordingly. Fiscal Impact for FY19 is $17,235, savings within County Wide salary adjustments are available for this re-grade. All present voting “Aye”. MOTION PASSED


551.074 OF THE TEXAS GOVERNMENT CODE CONSULTATION


WITHIN THE HAYS COUNTY DISTRICT COURTS. POSSIBLE ACTION

MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 10:49 a.m. and reconvened into open court at 11:05 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Whisenant, General Counsel, Mark Kennedy, County Auditor, Marisol Villarreal–Alonzo, First Assistant County Auditor, Vickie Dorsett, H.R. Director, Shari Miller, District Court Administrator, Steve Thomas, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Shell, seconded by Commissioner Jones to establish the budgeted positions for the new 453

rd District Court effective

1/15/19 as presented: Establish Court Reporter grade 117, with a minium salary of $73,077, Establish Asst. Court Administrator, grade 111 with a minimum salary of $37,500. Funds budgeted within County Wide during the budget process will be moved to the District Courts operating budget. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #41 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY

JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS

WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – was pulled PULLED


Burn Ban will remain lifted.

Clerk’s Note Agenda Item #43 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB

AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – was pulled

PULLED

Clerk’s Note Agenda Item #44 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO

PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – was pulled


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ADJOURNMENT A motion was made by Commissioner Jones, seconded by Commissioner Shell to adjourn court at 12:11 p.m.






HAYS COUNTY, TEXAS


***** *****

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 22ND DAY OF JANURARY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:






THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Velma Resendez gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS Harvey Jenkins, resident of San Marcos, Dan Lyon, resident of San Marcos, and Sara Lee Underwood Myers, resident of San Marcos, all made public comments.

33462 ADOPT A PROCLAMATION DECLARING JANUARY 2019 AS CRIME

STOPPERS MONTH

The following Hays County Crime Stoppers members were present: Rowe Ray, Chair of the Hays County Crime Stoppers spoke. Don Arnold, Executive Director of the Hays County Crime Stoppers spoke. Gary Tucker, Director of Hays County Crime Stoppers spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a proclamation declaring January 2019 as Crime Stoppers Month. All present voting “Aye”. MOTION PASSED

PRESENTATION BY THE HAYS COUNTY COMMUNITY EMERGENCY RESPONSE TEAM

(CERT) ON ANNUAL ACTIVITIES AND INITIATIVES

Robert Mooney, Executive Director of CERT spoke. George Conwill, Planner of CERT spoke. Commissioner Smith spoke. Commissioner Jones spoke. The Hays County Community Emergency Response Team (CERT) provides support to Hays County Citizens and First Responders through preparedness training, community outreach activities, response to support First Responders on critical incidents, and assistance with emergency management functions. This presentation will detail the hours dedicated by volunteers and future goals of the program.


A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve payments of County invoices in the amount of $1,361,051.75, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve payments of Juror checks in the amount of $1,016.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


2019

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court Minutes of January 15, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED


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33466 AUTHORIZE COMMERCIAL OSSF PERMIT AT 4794

TRANSPORTATION WAY, SAN MARCOS, TEXAS 78666

Posey 2000, LLC is proposing an On-Site Sewage System to serve three warehouse/office buildings. The system is designed to accommodate up to 55 employees and customers. This 9.190-acre tract of land is Lot 2 of the Posey Business Park Subdivision, Section 2 and will be served by a public water supply. The system designer, Jeff Snowden, P.E., has designed a standard treatment system. After treatment, the effluent will be dispersed via drip irrigation tubing for a maximum daily rate of 440 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize Commercial OSSF Permit at 4794 Transportation Way, San Marcos, Texas 78666. All present voting “Aye”. MOTION PASSED


Permit #: 1124 Road Name: White Wing Trl. & Fire Cracker Drive Utility Company: Texas Gas Service. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones, to approve Utility Permit # 1124 located on White Wing Trl. & Fire Cracker Drive issued to Texas Gas Service, as presented by the Transportation Director. All present voting “Aye”. MOTION PASSED

33468 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RESOLUTION

AND GRANT APPLICATION SUBMITTAL TO THE OFFICE OF THE

GOVERNOR, HOMELAND SECURITY GRANTS DIVISION FOR THE

HAYS COUNTY SWAT TEAM CAPABILITY IMPROVEMENTS

PROJECT IN THE AMOUNT OF $104,860.00

Kharley Smith, Director of Office of Emergency Management, spoke. Commissioner Smith spoke. Commissioner Ingalsbe spoke. This grant application is to provide funding for new robotic equipment/technology to be utilized by the SWAT Team to when responding to incidents. The grant application is due January 24, 2019 through the eGrants portal for review by CAPCOG and no matching funds are required. If approved through CAPCOG the grant will be submitted to the Office of the Governor Homeland Security Division on February 28, 2019 through the eGrants portal. Grant number 3742401. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the County Judge to execute a Resolution and grant application submittal to the Office of the Governor, Homeland Security Grants Division for the Hays County SWAT Team Capability Improvements project in the amount of $104,860.00. All present voting “Aye”. MOTION PASSED




HAYS COUNTY FORECASTING POTENTIAL HAZARDOUS EVENTS


This grant application is to provide funding for radiosonide forecasting that will provide real-time data to emergency management personnel to assist in predicting outcomes with possible hazardous scenarios. To carry out this project Hays County will work with researchers from St. Edwards University that will provide data collection and data analysis services. The grant application is due January 24, 2019 through the eGrants portal for review by CAPCOG and no matching funds are required. If approved through CAPCOG the grant will be submitted to the Office of the Governor Homeland Security Division on February 28, 2019 through the eGrants portal. Grant number 3744201. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the County Judge to execute a Resolution and grant application submittal to the Office of the Governor, Homeland Security Grants Division for the Hays County Forecasting Potential Hazardous Events project in the amount of $65,976.00. All present voting “Aye”. MOTION PASSED




HAYS COUNTY HAZMAT TEAM CAPABILITY IMPROVEMENTS


This grant application is to provide funding for Hays County HazMat Team to purchase radiation detectors and chemical identifier equipment to be utilized when detecting and identifying hazardous agents. The grant application is due January 24, 2019 through the eGrants portal for review by CAPCOG and no matching funds


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are required. If approved through CAPCOG the grant will be submitted to the Office of the Governor Homeland Security Division on February 28, 2019 through the eGrants portal. Grant number 3748701. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the County Judge to execute a Resolution and grant application submittal to the Office of the Governor, Homeland Security Grants Division for the Hays County HazMat Team Capability Improvements project in the amount of $87,620.00. All present voting “Aye”. MOTION PASSED




HAYS COUNTY HAZMAT TEAM MONITOR MAINTENANCE PROJECT

IN THE AMOUNT OF $20,000.00

This grant application is to provide maintenance of the HazMat Team monitors, which will increase the life of the specialized equipment and allow the team to respond with sustainable equipment. The grant application is due January 24, 2019 through the eGrants portal for review by CAPCOG and no matching funds are required. If approved through CAPCOG the grant will be submitted to the Office of the Governor Homeland Security Division on February 28, 2019 through the eGrants portal. Grant number 3529702. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the County Judge to execute a Resolution and grant application submittal to the Office of the Governor, Homeland Security Grants Division for the Hays County HazMat Team Monitor Maintenance project in the amount of $20,000.00. All present voting “Aye”. MOTION PASSED




HAYS COUNTY SOIL MOISTURE INDEX PROJECT IN THE AMOUNT

OF $415,837.00

This grant application is to provide funding for Hays County to work with partners to produce a soil moisture index and monitoring network that will be integrated into the early warning system. The grant application is due January 24, 2019 through the eGrants portal for review by CAPCOG and no matching funds are required. If approved through CAPCOG the grant will be submitted to the Office of the Governor Homeland Security Division on February 28, 2019 through the eGrants portal. Grant number 3748101. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the County Judge to execute a Resolution and grant application submittal to the Office of the Governor, Homeland Security Grants Division for the Hays County Soil Moisture Index project in the amount of $415,837.00. All present voting “Aye”. MOTION PASSED

33473 APPROVE REVISIONS AND THE ADDITION OF COURSES TO THE

EXISTING SHERIFF'S OFFICE TRAINING ACADEMY FEE

SCHEDULE

In 2011, the Sheriff's Office with Commissioner's Court approval was authorized to accept revenue for continuing education courses. At this time, the S.O. would like to add additional classes to the schedule. Crisis Intervention Training (40 Hour): This is a 40-hour course that is mandated from the 85th Legislature, which requires all peace officers that hold a basic peace officer license take this course every four years. The goal of this training is to provide factual information to students regarding the types, causes, and manifestations of mental illness. It is a 5-day course and meets the requirements for TCOLE. The course fee is $150.00 and free to HCSO employees, course code #1850 Crisis Intervention Training (40 Hour). De-Escalation: This is an 8-hour mandated course. The goal of this training is to improve the response of officers to incidents that involve persons in crisis, who are behaving erratically, emphasizing that public and officer safety are at the heart of this training process. It is a 1-day and course and meets the requirements of TCOLE. The course fee is $30.00 and free to HCSO employees, course code #1849 De-Escalation. Court Security Officer: This is an 8-hour mandated course. The purpose of this course is to give the court security officer a basic understanding of the threats associated with court settings as well as technology and techniques for court security operations in compliance with Government Sec. 158.002. It is a 1-day course and meets the requirements of TCOLE. The course fee is $30.00 and free to HCSO employees, course code #10999 Court Security Officer. A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve revisions and the addition of courses to the existing Sheriff's Office Training Academy Fee schedule. All present voting “Aye”. MOTION PASSED

33474 AUTHORIZE THE COUNTY JUDGE TO EXECUTE PHASE II JAIL

ADDITION COR 122 FROM TURNER CONSTRUCTION COMPANY TO


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FURNISH/INSTALL VIOLENT CELL PADDING IN FOUR (4) HOLDING

CELLS AT THE JAIL WITHIN THE HAYS COUNTY PUBLIC SAFETY

BOND PROJECT

Capitan Mike Davenport spoke. Commissioner Shell spoke. Based on the Texas Jail Commission plan review comments dated 09/27/2018, four (4) cells need to be returned to fully padded violent cells to comply with TCJS requirements. No additional work/cost is required as these cells were originally designed to accept the padded cell system. The costs for the cell padding will be funded through the Contractor's Construction Contingency; therefore, this cost will not increase the GMP. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the County Judge to execute Phase II Jail Addition COR 122 from Turner Construction Company to furnish/install violent cell padding in four (4) holding cells at the jail within the Hays County Public Safety Bond project. All present voting “Aye”. MOTION PASSED

33475 AUTHORIZE THE SUBMISSION OF A RENEWAL INTERLOCAL

APPLICATION WITH THE TEXAS DEPARTMENT OF STATE AND

HEALTH SERVICES (DSHS) FOR THE IMMUNIZATION PROGRAM FY

2020 IN THE AMOUNT OF $192,341.00

This renewal contract with the Texas Department of State Health Services is to support the Immunization Program for the Hays County Health Department. The funds will be utilized to provide support toward the salary and benefits of the staff involved in this program. The grant period is set to begin on September 01, 2019 through August 31, 2020. The application will be submitted electronically to DSHS on January 22, 2019. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the submission of a renewal Interlocal Application with the Texas Department of State and Health Services (DSHS) for the Immunization Program FY 2020 in the amount of $192,341.00. All present voting “Aye”. MOTION PASSED

33476 AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH WEST

THOMSON REUTERS FOR ONLINE LEGAL RESEARCH SERVICES

FOR THE LAW LIBRARY AND DISTRICT COURTS OFFICES

Submitted for the Commissioners Court consideration is an amendment to the existing contract for electronic research subscription services, Westlaw Edge, from Thomson Reuters. The amendment increases the number of authorized users to 4, currently 3, and includes access for the County Courts at Law Judges. The current contract only allows usage for the Law Librarian and District Court Judges and staff. The additional cost for including access for the County Courts at Law office is $131.21 per month. Funds for the additional user are available in the FY2019 budget for the Law Library. The account name will be updated to Hays County District and County Courts. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize an amendment to the contract with West Thomson Reuters for online legal research services for the Law Library and District Courts offices. All present voting “Aye”. MOTION PASSED

33477 AUTHORIZE THE COUNTY COURT AT LAW OFFICES TO ACCEPT

DONATED COMPUTER EQUIPMENT FROM THE OFFICE OF COURT

ADMINISTRATION AND AMEND THE BUDGET ACCORDINGLY

The CCL Offices have received two refurbished HP Compaq elite 8300 SFF computer systems from the Office of Court Administration. IT has inspected the equipment and established the equipment value and useful life. Upon courts acceptance, the IT department will load the required software to meet the departments needs and add to their computer inventory. Attachment: Budget Amendment: Increase Contributions Increase Data Supplies. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Court at Law Offices to accept donated computer equipment from the Office of Court Administration and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33478 APPROVE WORK AUTHORIZATION #2, SUPPLEMENTAL WORK

AUTHORIZATION #1 RELATED TO AN AGREEMENT BETWEEN

HAYS COUNTY AND BINKLEY AND BARFIELD, INC., EXECUTED ON

OR ABOUT JANUARY 16, 2018, RELATED TO CHANGE IN SCOPE

WITHOUT CHANGE IN FEE ON WINDY HILL ROAD, PCT 2

Commissioner Jones spoke. This is a change in the scope of the project in the original agreement. No additional funds are needed. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Approve Work Authorization #2, Supplemental Work Authorization #1 related to an agreement between


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Hays County and Binkley and Barfield, Inc., executed on or about January 16, 2018, related to change in scope without change in fee on Windy Hill Road, Pct 2. All present voting “Aye”. MOTION PASSED

33479 RATIFY THE SUBMISSION OF A CONTRACT RENEWAL WITH THE

DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE

FY2020 PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP)

PROGRAM IN THE AMOUNT OF $122,790.00

Director of Countywide Operations, Tammy Crumley spoke. This contract renewal is to the Texas Department of State Health Services, Public Health Emergency Preparedness (PHEP) program for funding towards the salary and benefits for the Emergency Preparedness Coordinator and SNS Coordinator and operating expenses in the Hays Count Health Department. This contract renewal requires a 10% match of either in-kind contributions and/or operating funds from the health department for a total project amount of $135,069.00. The contract will be in effect from July 1, 2019 through June 30, 2020. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to ratify the submission of a contract renewal with the Department of State Health Services (DSHS) for the FY2020 Public Health Emergency Preparedness (PHEP) Program in the amount of $122,790.00. All present voting “Aye”. MOTION PASSED

33480 AUTHORIZE THE USE OF COUNTY WIDE CONTINGENCIES FOR

OPERATIONAL AND TRAINING NEEDS WITHIN THE COUNTY

JUDGE'S OFFICE AND AMEND THE BUDGET ACCORDINGLY

The County Judge is requesting additional funds be moved to his operating budget for additional office supplies, printed materials and training conferences needed for the remainder of Fiscal Year 2019. Due to the new administration, additional funds are needed in order to become fully operational. The estimated funds requested will be used as follows: >Office Supplies: Replacement Shredder, Phone Headset, Ergonomic Standing Desk, Replenish Stock Items >Printing: Letterhead Envelopes, Notepads, Notecards and Business Cards >Continuing Education: County Judge conferences: VGY Co Govt School for Commissioner's Court, TAC Spring Judicial Education Session, TAC County Mgmt & Risk Conference, Probate Academy, South Tx Co Judge's & Commissioner's Assoc. Conference, Legislative Conference Budget Amendment: Decrease County Wide Contingencies: ($4,975) Increase Office Supplies: $975 Increase Printing: $500 Increase Continuing Education: $3,500. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the use of County Wide contingencies for operational and training needs within the County Judge's Office and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33481 SUB-1160; DISCUSSION AND POSSIBLE ACTION TO APPROVE

FINAL PLAT OF THE REPLAT OF LOT 113, ROLLING OAKS

SUBDIVISION. HOLD A PUBLIC HEARING

Judge Becerra opened the public hearing. No public input was received. Judge Becerra closed the public hearing. County Planner, Marcus Pacheco spoke and gave staff recommendation. Rolling Oaks is a recorded subdivision located off of Todo Lane in Precinct 3. The proposed re-plat will divide the 8.76 acre lot 113 into 2 lots. Water service will be provided by private wells and wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve final plat of SUB-1160 the Replat of Lot 113, Rolling Oaks Subdivision. All present voting “Aye”. MOTION PASSED

33482 AWARD RFQ 2019-P02 CDBG ENGINEERING SERVICES TO LNV

INC. AND AUTHORIZE STAFF AND GENERAL COUNSEL TO

NEGOTIATE A CONTRACT

Director of Countywide Operations, Tammy Crumley spoke. General Counsel, Mark Kennedy spoke. On December 18, 2018 the Commissioners Court approved specifications and authorized Purchasing to solicit for CDBG Engineering Services. Purchasing received responses from the following firms: Dunaway Associates, LP Hejl, Lee & Associates, Inc. Jones Carter LNV, Inc. RESPEC Upon evaluation of the responses, the highest scoring respondent is LNV, Inc. The recommendation is to pursue negotiations with LNV, Inc. A motion was made by Commissioner Shell, seconded by Commissioner Jones to award RFQ 2019-P02 CDBG Engineering Services to LNV Inc. and authorize staff and General Counsel to negotiate a contract. All present voting “Aye”. MOTION PASSED


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33483 AUTHORIZE THE EXECUTION OF A CONTRACT WITH WEST

THOMSON REUTERS FOR LEGAL PRINT RESOURCES IN THE HAYS

COUNTY COURTS AT LAW

Submitted for the Commissioners Courts consideration is a contract for the County Courts at Law office for legal print resources. The contract is with Thomson Reuters for legal print materials that includes O'Connor's titles that were recently acquired by Thomson Reuters. The 3-year contract locks in current prices with a flat monthly rate and includes all subscriptions and updates published by the vendor during the 3-year term. The contract includes a 20% discount with a 5% yearly increase. Funds for the purchase of print legal resources are available in the FY19 budget for the Law Library. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the execution of a contract with West Thomson Reuters for legal print resources in the Hays County Courts at Law. All present voting “Aye”. MOTION PASSED

33484 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT BETWEEN HAYS COUNTY AND BLAIR

WILDLIFE CONSULTING, LLC, RELATED TO MANAGEMENT OF

HAYS COUNTY'S REGIONAL HABITAT CONSERVATION PLAN

Commissioner Shell spoke. General Counsel, Mark Kennedy spoke. The Department of Countywide Operations manages the RHCP internally. Professional Services are required to provide the field work and surveying needed to continue operations of the RHCP. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement between Hays County and Blair Wildlife Consulting, LLC, related to management of Hays County's Regional Habitat Conservation Plan. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #25 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071

AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND

DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG

PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – was pulled EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS GOVERNMENT CODE:



COURT.

Court convened into Executive session at 9:55 a.m. and reconvened into open court at 10:56 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Kim Knox, Barry Deacon, Martin Phipps, Blayne Fisher, Meagan Talafuse, Sara Valickus, T.J. Mayes, Kimberly Knox, Clarissa Robles, and Legal Support Services Specialist, Janice Jones. No action taken.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS

GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION

REGARDING THE FIRE MARSHAL POSITION WITHIN THE OFFICE OF EMERGENCY

SERVICES

Court convened into Executive session at 11:00 a.m. and reconvened into open court at 11:16 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Kharley Smith, Director of Office of Emergency Management, H.R. Director, Sharri Miller, and Legal Support Services Specialist, Janice Jones. No action taken.



WITH COUNSEL AND DELIBERATION REGARDING THE VALUE OF

RIGHT OF WAY ALONG AND INCLUDING LIME KILN ROAD IN PCT.3

& 4. POSSIBLE ACTION TO FOLLOW IN OPEN COURT

Court convened into Executive session at 11:16 a.m. and reconvened into open court at 11:28a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Whisenant, General Counsel, Mark Kennedy, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the Commissioner, Pct. 4 to


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accept a counteroffer from the Owner(s) of Parcel 7 on the Lime Kiln project, as presented in Executive Session. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #29 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS WITHIN THE OFFICE OF GENERAL

COUNSEL. – was pulled EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS

GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND/OR DELIBERATION

REGARDING THE PURCHASE, EXCHANGE, LEASE, USE, OR VALUE OF REAL

PROPERTY OWNED BY HAYS COUNTY LOCATED AT 1307 UHLAND ROAD AND 810 S.

STAGECOACH TRAIL, SAN MARCOS, TX. POSSIBLE ACTION TO FOLLOW IN OPEN

COURT

Court convened into Executive session at 11:28 a.m. and reconvened into open court at 12:20 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Whisenant, General Counsel, Mark Kennedy, Chief of Staff, Alex Villalobos, Kharley Smith, Director of Office of Emergency Management, Codi Newsom and Legal Support Services Specialist, Janice Jones. No action taken.



WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – was pulled Clerk’s Note Agenda Item #32 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE

BURN BAN AND/OR DISASTER DECLARATION. – was pulled


AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – was pulled Clerk’s Note Agenda Item #34 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW.

– was pulled

ADJOURNMENT A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adjourn court at 12:22 p.m.






HAYS COUNTY, TEXAS


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STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 29TH DAY OF JANUARY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:






THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Michael Meyers gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS Tricia Snyder, representative of CASA, Harvey Jenkins, resident of San Marcos, Dan Lyon, resident of San Marcos, Sara Lee Underwood Meyers, resident of San Marcos, Gloria Salazar, resident of San Marcos, Diane Wassenich, resident of San Marcos, Frank Arredondo, resident of San Marcos, all made public comments.

PRESENTATION OF HAYS COUNTY SERVICE AWARDS

Human Resources Director, Shari Millergave presentation of Hays County Service Awards. 10 – Year Service Awards – Constable Pct. 4 – Ronald Eugene Hood. 20 – Year Service Award – JP 1-2 Clerk – Shirley Garza, District Court – Richard Ellis Roberts Jr., Sheriff’s Office – Michael Christopher Mallow, JP Pct. 2 Beth Hanna Sauer Smith, District Court Judge – Gary L. Steel, District Court Judge, Brenda K. Smith. 30 – Year Service Award – Constable Pct. 1 – David Peterson.

PRESENTATION OF A CHECK TO THE AMERICAN CANCER SOCIETY BY SHERIFF

GARY CUTLER WITH PROCEEDS RAISED DURING THE NO-SHAVE NOVEMBER AND

DECEMBER EVENT

Sheriff Gary Cutler spoke. President of the Association, Michael Kirkwood spoke and presented a check in the amount of $6,525.00. Sheriff's Office fundraiser 'No-Shave November/December' proceeds to be presented to Diana Rossell Juarez with the American Cancer Society.

PRESENTATION FROM REPRESENTATIVES OF THE CAPITAL AREA COUNCIL OF

GOVERNMENTS (CAPCOG) AIR QUALITY PROGRAM AND THE CLEAN AIR COALITION

Anton Cox of CAPCOG spoke and presented the Court with a PowerPoint presentation.



Clerk’s Note Agenda Item #5 RE: APPROVE PAYMENTS OF JUROR CHECKS. – was pulled

33487 APPROVE THE PAYMENT OF HUMANA AND UNITED HEALTHCARE

CLAIMS

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the payment of United Healthcare Claims in the amount of $822,211.22, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


2019


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A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court minutes of January 22, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

33489 APPROVE THE PAYMENT OF THE JANUARY 31, 2019 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,560,000.00

EFFECTIVE JANUARY 31, 2019 AND POST TOTALS FOR WAGES,

WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS

COUNTY WEBSITE ONCE FINALIZED

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the payment of the January 31, 2019 payroll disbursements in an amount not to exceed $3,560,000.00 effective January 31, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED


2554 W. US 290, DRIPPING SPRINGS, TEXAS 78620

Frank Glass is proposing an On-Site Sewage System to serve two warehouse/office buildings. The system is designed to accommodate up to 25 employees and customers. This 13.093-acre tract of land will be served by a rainwater collection system. The system designer, Stephen Jetton, R.S., has designed a standard treatment system. After treatment, the effluent will be dispersed via standard disposal for a maximum daily rate of 100 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize Commercial On-Site Sewage Facility Permit at 2554 W. US 290, Dripping Springs, Texas 78620. All present voting “Aye”. MOTION PASSED

33491 AUTHORIZE THE PURCHASE OF TWO GARRETT 1165800

SUPERWAND METAL DETECTORS FOR THE CONSTABLE

PRECINCT 5 TO UTILIZE IN THE JUSTICE OF THE COURT

PROCEEDINGS AND AMEND THE BUDGET ACCORDINGLY

General Counsel, Mark Kennedy spoke. The Constable Precinct 5 office has requested the purchase of these metal detectors for security purposes for Justice of the Peace Court proceedings. Funds are available in the Justice Court Technology Fund for this purchase. Budget Amendment: Decrease JP Technology Fund, Pct. 3 General Supplies, Increase JP Technology Fund, Pct. 5 General Supplies. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the purchase of two Garrett 1165800 SuperWand Metal Detectors for the Constable Precinct 5 to utilize in the Justice of the Court proceedings and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #11 RE: AUTHORIZE THE INTERCONNECT AGREEMENT BETWEEN

THE CITY OF SAN MARCOS AND HAYS COUNTY FOR THE INTERCONNECTION AND PARALLEL

OPERATION OF DISTRIBUTED GENERATION IN THE CITY OF SAN MARCOS ELECTRIC SYSTEM. – was pulled

33492 AUTHORIZE THE RENEWAL OF THE ANNUAL AGREEMENT

BETWEEN PLATEAU LAND & WILDLIFE MANAGEMENT AND HAYS

COUNTY FOR ANNUAL WILDLIFE MANAGEMENT SERVICES FOR

THE DAHLSTROM PUBLIC ACCESS AREA

Authorize the renewal of the annual agreement with Plateau Land & Wildlife Management and Hays County. The annual wildlife management plan includes site monitoring visits, inspections and maintenance of nest boxes and wildlife stations, a spring bird survey, and an annual report for CAD. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the renewal of the annual agreement between Plateau Land & Wildlife Management and Hays County for annual wildlife management services for the Dahlstrom Public Access Area. All present voting “Aye”. MOTION PASSED


Permit #: 1125, 1126 Road Name: Windy Hill Road, Old San Antonio Road Utility Company: CenterPoint Energy, Doucet & Associates. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Utility Permit # 1125 located on Windy Hill Road issued to CenterPoint Energy and Permit # 1126 located on Old San Antonio Road issued to Doucet & Associates, as submitted by the Transportation Director. All present voting “Aye”. MOTION PASSED


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33494 APPROVE AND CONFIRM THE APPOINTMENT OF MANUEL P. DE LA

ROSA AS A REGULAR FULL-TIME DEPUTY CONSTABLE, IN THE

HAYS COUNTY CONSTABLE PRECINCT 2, EFFECTIVE FEBRUARY

1, 2019

Pursuant to Local Government Code Chapter 86, Subchapter B 86.011 (a) The Commissioner's Court shall approve and confirm the appointment of a Deputy Constable. Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE. (a) An elected constable who desires to appoint a deputy must apply in writing to the commissioners court of the county and show that it is necessary to appoint a deputy in order to properly handle the business of the constable's office that originates in the constable's precinct. The application must state the name of the proposed deputy. The commissioners court shall approve and confirm the appointment of the deputy only if the commissioners court determines that the constable needs a deputy to handle the business originating in the precinct. (b) Each deputy constable must qualify in the manner provided for deputy sheriffs. (c) The constable is responsible for the official acts of each deputy of the constable. The constable may require a deputy to post a bond or security. A constable may exercise any remedy against a deputy or the deputy's surety that a person may exercise against the constable or the constable's surety. (d) A person commits an offense if the person: (1) serves as a deputy constable and the person has not been appointed as provided by Subsection (a); or (2) is a constable and issues a deputyship without the consent and approval of the commissioners court. (e) An offense under Subsection (d) is punishable by a fine of not less than $50 or more than $1,000. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve and confirm the appointment of Manuel P. De La Rosa as a regular full-time Deputy Constable, in the Hays County Constable Precinct 2, effective February 1, 2019. All present voting “Aye”. MOTION PASSED

33495 RATIFY THE COUNTY JUDGE'S EXECUTION OF A PROCLAMATION

DECLARING JANUARY 26, 2019 AS ERIN FOSTER DAY

A motion was made by Commissioner Jones, seconded by Commissioner Shell to ratify the County Judge's execution of a proclamation declaring January 26, 2019 as Erin Foster Day. All present voting “Aye”. MOTION PASSED

33496 AUTHORIZE THE SUBMISSION OF THE EMERGENCY

MANAGEMENT PERFORMANCE GRANT (EMPG) RENEWAL

APPLICATION TO THE TEXAS DEPARTMENT OF PUBLIC SAFETY,

TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM)

PROGRAM FOR UP TO $181,359.97

The Emergency Management Performance Grant (EMPG) program is a federally funded program to assist states and local governments with all hazards emergency preparedness. The EMPG program has funded a portion of the salary and benefits for the Hays County Emergency Services staff. This is a reimbursable grant with a grant term of October 1, 2018 through September 30, 2019. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the submission of the Emergency Management Performance Grant (EMPG) renewal application to the Texas Department of Public Safety, Texas Division of Emergency Management (TDEM) program for up to $181,359.97. All present voting “Aye”. MOTION PASSED

33497 APPROVE SPECIFICATIONS FOR IFB 2019-B01 OLD SAN ANTONIO

ROAD IMPROVEMENTS AND AUTHORIZE PURCHASING TO SOLICIT

FOR BIDS AND ADVERTISE

This bid is for the construction of improvements on Old San Antonio Road in preparation for the new Buda Elementary school opening scheduled for August 2019. The anticipated schedule of events related to this solicitation are as follows: January 30, 2019 Issuance of IFB Published notice (1st run) February 6, 2019 Published notice (2nd run) February 7, 2019 Pre-Bid Meeting at Hays County Transportation Department (2:00 p.m. CT) Deadline for Submission of Questions (5:00 p.m. CT) February 14, 2019 Deadline for Submission of Bids (2:00 p.m. CT) February 26, 2019 Anticipated contract award date February 28, 2019 Suggested pre-construction meeting at Project Site July 31, 2019 Substantial completion of Project Attached: IFB 2019-B01 Old San Antonio Road Improvements. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve specifications for IFB 2019-B01 Old San Antonio Road Improvements and authorize Purchasing to solicit for bids and advertise. All present voting “Aye”. MOTION PASSED

33498 AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO

PURCHASE TWO NEW TELEVISION MONITORS FOR DISPLAY OF

INFORMATION FOR THE GOVERNMENT CENTER ROTUNDA AND



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There are currently two television monitors located in the rotunda of the Government Center that are no longer functional and are cost prohibitive to repair. These monitors are used during events held in the rotunda of the Government Center, to display court schedules, as well as other County related business. Savings within the Building Maintenance operating budget are available for this purchase. Budget Amendment: Increase .5712_400 Decrease .5207. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Building Maintenance Department to purchase two new television monitors for display of information for the Government Center rotunda and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33499 APPROVE THE CANCELLATION OF HAYS COUNTY

COMMISSIONERS COURT ON THE FOLLOWING DATES: FEBRUARY

19, AND MARCH 19, 2019

Court cancellations are due to lack of quorum. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the cancellation of Hays County Commissioners Court on the following dates: February 19, and March 19, 2019. All present voting “Aye”. MOTION PASSED

33500 APPROVE THE INTERGOVERNMENTAL TRANSFERS (IGT) OF

LOCAL PROVIDER PARTICIPATION FUNDS (LPPF) AND/OR

HEALTHCARE PROGRAM FUNDS FOR DY8 UNCOMPENSATED

CARE (UC) PAYMENTS AS PART OF THE TEXAS HEALTHCARE

TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM (1115

WAIVER) THROUGH THE TEXNET ELECTRONIC PAYMENT SYSTEM

The transfer date deadline is February 1st, 2019 for DY8. The final IGT totals were not available prior to the agenda posting deadline. However, the total IGT amount to Providers shall not exceed the balance of the funds held in the LPPF and/or Healthcare Program Funds account(s). The final IGT amount will be provided in court. Though the IGT of these funds do not require specific Court approval, having them approved (If sufficient notice is given by the State) or ratified (if sufficient notice is not provided by the State) ensures the Court and the public are informed of the process. DSRIP Monitoring payments are used for monitoring activities of the Texas 1115 waiver program as required by the State's agreement with the Centers for Medicaid Medicare Services (CMS). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Treasurer’s Office, in consultation with Director of County Wide Operations, to make all future Intergovernmental Transfers (IGT) of Local Provider Participation Funds (LPPF) and/or Healthcare Program Funds as part of the Texas Healthcare Transformation and Quality Improvement Program (1115 Waiver) through the TexNet electronic payment systems as directed by Texas Health and Human Services Commission (HHSC). The final IGT amount of any payment to a provide shall not exceed the balance of funds held in the LPPF or Heathcare Program Funds account at the time of the transfer. All present voting “Aye”. MOTION PASSED

33501 AUTHORIZE THE JAIL TO UTILIZE SAVINGS TO PURCHASE

REPLACEMENT COMPUTER EQUIPMENT AND AMEND THE

BUDGET ACCORDINGLY

In the FY19 budget, the Jail requested to replace a 2009 desktop computer and 2010 monitor due to the age, hardware and software are obsolete, and the system is unable to run updated applications. The requested replacement was not approved in the budget process, and at this time the jail would like to utilize savings to purchase a surface pro package. The total cost for the replacement is $1,994.00. Funding for the surface pro is identified in the communication equipment operating g/l in the jail. Funding for the accessories is identified in office and computer supplies. Budget Amendment Decrease 001-618-03.5715_400 Communication Equipment Operating ($1,362.00) Increase 001-618-03.5712_400 Computer Equipment Operating $1,362.00 Decrease 001-618-03.5211 Office & Computer Supplies ($632.00) Increase 001-618-03.5202 Data Processing Supplies $632. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Jail to utilize savings to purchase replacement computer equipment and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33502 AUTHORIZE THE JAIL TO UTILIZE EXISTING FUNDS TO

PURCHASE PLUMBING EQUIPMENT AND AMEND THE BUDGET

ACCORDINGLY

At this time, the Jail Maintenance department is in need of a Pro Press Tool to allow for emergency repairs without shutting the water off. This tool will enable maintenance to make repairs to any copper water system including inmate areas (pipe chases), kitchen equipment, hot water systems, and other minor fixes. The total cost of a pro press tool is $3,182.00; funding is identified in the Jail's Building Maintenance Supplies g/l. Budget Amendment 001-618-03.5207 Building Maintenance Supplies ($3,182.00) 001-618-03.5719_400 Miscellaneous Equipment Operating $3,182.00. A motion was made by Commissioner Ingalsbe, seconded by


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Commissioner Jones to authorize the Jail to utilize existing funds to purchase plumbing equipment and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33503 APPROVE THE EXECUTION OF AN AMENDMENT TO THE

INTERLOCAL COOPERATION AGREEMENT BETWEEN HAYS

COUNTY AND THE WIMBERLEY INDEPENDENT SCHOOL DISTRICT

RELATED TO ASSIGNING AN ADDITIONAL SCHOOL RESOURCE

OFFICER (SRO) TO THE SCHOOL DISTRICT

The Wimberley Independent School District and the Hays County Sheriff's Office have added an additional school resource officer, MBS level 3, to the District, effective August 27, 2018. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the execution of an Amendment to the Interlocal Cooperation Agreement between Hays County and the Wimberley Independent School District related to assigning an additional school resource officer (SRO) to the school district. All present voting “Aye”. MOTION PASSED General Counsel, Mark Kennedy spoke. Commissioner Ingalsbe spoke. We currently have one existing and now this will be a second one. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the execution of an Amendment to the Interlocal Cooperation Agreement between Hays County and the Wimberley Independent School District related to the creation of an additional school resource officer (SRO) to the school district. All present voting “Aye”. MOTION PASSED

33504 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SUPPLEMENTAL

WORK AGREEMENT #2 WITH K FRIESE AND ASSOCIATES FOR

ENGINEERING WORK ON THE LIME KILN BRIDGE PROJECT IN

SAN MARCOS AND AMEND THE BUDGET ACCORDINGLY

Dan Lyon, resident of San Marcos, made public comment. If authorized, this supplemental agreement provides for additional scope of work that has been requested by the Transportation Department. The original scope of work did not include the additional work required to conform to State and Federal requirements, additional design, quality and project administrative services due to increased length of project, additional coordination with the County and property owners, additional public meeting and removal of construction inspection and oversight. The length of this project will also be extended 546 days. Budget Amendment: Decrease Contract Consulting 020-710-00.5448_08 - $15,000 Increase Lime Kiln Engineering 020-710-00-868.5621_700- $15,000. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute a Supplemental Work Agreement #2 with K Friese and Associates for engineering work on the Lime Kiln Bridge project in San Marcos and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33505 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SOFTWARE

MAINTENANCE DISCONTINUANCE FORM WITH TYLER

TECHNOLOGIES RELATED TO LAW ENFORCEMENT TICKET

WRITER EQUIPMENT

The IT Department has identified five (5) Ticket Writers that are no longer functional and do not require a maintenance contract. Additionally, invoice description changes are being requested to identify on going maintenance costs by department for current Ticket Writers that are in rotation and under the required maintenance contract. The attached discontinuance form allows Tyler Technology to remove the devices and will save the county on future maintenance costs. Attachment: Tyler Technologies Software Maintenance Discontinuance Form. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute a Software Maintenance Discontinuance Form with Tyler Technologies related to Law Enforcement Ticket Writer Equipment. All present voting “Aye”. MOTION PASSED

33506 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO ESTABLISH

A 35 MPH SPEED LIMIT ON MANCHACA SPRINGS ROAD

Judge Becerra opened the public hearing. No public input was received. Judge Becerra closed the public hearing. Commissioner Jones spoke. Transportation Director, Jerry Borcherding spoke and gave staff recommendation. This action would establish a speed limit of 35 MPH on Manchaca Springs Road as a result of a recent traffic study conducted by the Transportation Dept. This request will help to establish the future school zone speed limit and warning signs for the new Hays CISD elementary school opening fall of 2019. Manchaca Springs Road is not listed under Hays County Traffic Regulations as having a speed limit, thus there are no speed limit signs currently posted along the road. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to establish a 35 MPH speed limit on Manchaca Springs Road. All present voting “Aye”. MOTION PASSED


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A 4-WAY STOP AT THE INTERSECTION OF MARSH LANE, PAINTED

DESERT LANE AND THE STAFF/BUS ENTRANCE/EXIT DRIVEWAY,

AND A 3-WAY STOP AT THE INTERSECTION OF MARSH LANE &

DIAMONDBACK COVE FOR RALPH PFLUGER ELEMENTARY

SCHOOL IN THE SHADOW CREEK SUBDIVISION

Judge Becerra opened the public hearing. No public input was received. Judge Becerra closed the public hearing. Commissioner Jones spoke. This action would establish a total of four new stop signs adjacent to Ralph Pfluger Elementary School, all on Marsh Lane (two each direction) to help with traffic control during school hours (see map). There are existing stop signs on Painted Desert Lane, the school staff/bus entrance/exit, and on Diamondback Cove. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to establish a 4-way stop at the intersection of Marsh Lane, Painted Desert Lane and the staff/bus entrance/exit driveway, and a 3-way stop at the intersection of Marsh Lane & Diamondback Cove for Ralph Pfluger Elementary School in the Shadow Creek subdivision. All present voting “Aye”. MOTION PASSED

33508 CALL FOR A PUBLIC HEARING ON FEBRUARY 12, 2019 TO

ESTABLISH A "NO DUMPING" ZONE ON FULTON RANCH ROAD

FROM RR 12 FOR APPROXIMATELY A QUARTER MILE DOWN THE

ROAD ON BOTH SIDES

This action would establish a "No Dumping" zone along both sides of Fulton Ranch Road within a quarter mile of RR 12 with signs posted at standard intervals. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to call for a public hearing on February 12, 2019 to establish a "No Dumping" zone on Fulton Ranch Road from RR 12 for approximately a quarter mile down the road on both sides. All present voting “Aye”. MOTION PASSED

33509 ACCEPT OF ROAD CONSTRUCTION AND DRAINAGE

IMPROVEMENTS, AND RELEASE OF THE

CONSTRUCTION/SUBDIVISION BOND #4416200 IN THE AMOUNT

OF $391,154.25 FOR INTEGRITY OAKS SUBDIVISION. A

MAINTENANCE BOND AND 2-YEAR WARRANTY PERIOD IS NOT

NEEDED AS THESE ROADS WILL REMAIN PRIVATELY

MAINTAINED

Transportation Director, Jerry Borcherding spoke and gave staff recommendation. Staff recommends acceptance of construction of roads and drainage improvements. An engineer's concurrence letter and as-built construction plans have been received. The Transportation Department has inspected and approved the improvements. A motion was made by Commissioner Shell, seconded by Commissioner Jones to accept of road construction and drainage improvements, and release of the construction/subdivision bond #4416200 in the amount of $391,154.25 for Integrity Oaks subdivision. A maintenance bond and 2-year warranty period is not needed as these roads will remain privately maintained. All present voting “Aye”. MOTION PASSED

33510 AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICES

AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LJA

ENGINEERING, INC. FOR RIGHT OF WAY SERVICES ON THE

CREEK ROAD PROJECT, CR 190 AT ONION CREEK, PRECINCT 4

Commissioner Smith spoke. Sunset View Estates is a proposed subdivision located off of Ted Burger in Precinct 4. The proposed subdivision will divide the 14 acres into 2 lots. Water service will be provided by private well for lot 1 and rainwater collection for lot 2. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the execution of a Professional Services Agreement (PSA) between Hays County and LJA Engineering, Inc. for right of way services on the Creek Road Project, CR 190 at Onion Creek, Precinct 4. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #31 RE: SUB-1126; DISCUSSION AND POSSIBLE ACTION TO

APPROVE FINAL PLAT FOR THE SUNSET VIEW ESTATES SUBDIVISION. – was pulled


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33511 ACTION TO PROMOTE AND FUND HEALTH CHECK 2019 FOR HAYS

COUNTY EMPLOYEES AND ELIGIBLE DEPENDENTS. AUTHORIZE

PAYROLL DEDUCTION OF ADDITIONAL FEES FOR OPTIONAL

SERVICES EMPLOYEES MAY ELECT

Human Resources Director, Shari Miller spoke. Commissioner Ingalsbe spoke. Health Check is a community wide celebration offering health screenings that include a complete metabolic panel (screening for glucose, renal and liver disorders); lipid panel (cholesterol with HDL/LDL breakdown and triglycerides); complete blood cell count for hematology disorders including white blood cells, hemoglobin, hematocrit and platelets. Per Central Texas Medical Center (CTMC), these tests, valued at hundreds of dollars, are offered for $30 per person for 2019 through Health Check (2018-$30; 2017-$30; 2016-$30; 2015-$45; 2014-$45; 2013-$45; 2012-$45; 2011-$25; 2010-$35) Additionally, CTMC is offering Hays County employees the option of pre-registering which allows for blood draws atour worksites. Tentative sites and dates are: Thursday, March 21, 2019: Government Center 7:30am - 9:30am Wednesday, March 27, 2019: Government Center 7:30am - 9:30am Thursday, April 4, 2019: Yarrington Road Office 7:00am - 8:30am A recap of the last twelve years of our participation in Health Check is as follows: Hays County paid 100% of the participant’s fee. Dependents over the age of 18 that are covered on our health plan were allowed to participate at no cost (with the exception of the additional tests). Historical participation is as follows: 2007: 150 employees participated, $3725 2008: 187 employees participated, $6545; Optional EE-paid Tests: Thyroid (71); PSA (26) 2009: 165 employees participated, $5775; Optional EE-paid Tests: Thyroid (68); PSA (34) 2010: 168 employees participated, $5880; Optional EE-paid Tests: Thyroid (62); PSA (34) 2011: 155 employees participated, $3875; Optional EE-paid Tests: Thyroid (46) PSA (27) A1C (45) 2012: 131 employees participated, $5895; Optional EE-paid Tests: Thyroid (39) Vitamin D (28) A1C (31) 2013: 106 employees participated $4770; Optional EE-paid Tests: Thyroid (22) Vitamin D (15) A1C (17) HepC (1) 2014: 138 employees participated $6210; Optional EE-paid Tests: Thyroid (36) Vitamin D (21) A1C (20) HepC (2) 2015: 133 employees participated $3990; Optional EE-paid Tests: Thyroid (35) Vitamin D (24) A1C (22) HepC (9) 2016: 128 employees participated $3840; Optional EE-paid Tests: Thyroid(31) Vitamin D(27) A1C(27) HepC (17) 2017: 107 employees participated $3,210; Optional EE-paid Tests: Thyroid (30) Vitamin D(22) A1C(22) HepC(15) 2018: 88 employees participated $2,640; Optional EE-paid Tests: Thyroid (22) Vitamin D (17) A1C (22) HepC (6) The requested amount of $3,030 for 101 employees x $30 is an estimate (15% over last year's participation of 88 employees) and would be paid from the Self Insurance Fund. In addition to the basic blood screenings, employees can choose to have a thyroid stimulating hormone (TSH) test ($15), a hemoglobin A1C test for $15 (used to measure the amount of glucose that attaches to the protein in the red blood cells), a Vitamin D test is added for $15, and a Hepatitis C test for $15. Other Screenings Available: Carotid Artery Screenings $30 (screening for plaque buildup in arteries associated with increased risk of stroke) Peripheral Arterial Disease Screenings $30 (screening for blood pressure comparison between arm and legs associated with higher risk of heart disease) Note: “Additional Blood Screenings” and “Other Screenings” are only offered to the employee in conjunction with the “Basic Screening Panel.” These screenings are not stand alone tests. “Other Screenings” are only offered to those who qualify due to health risk or other factors. Participants must call to register and schedule an appointment for these screenings. If elected to participate in “Other Screenings”, the participant is required to have their “Basic Screening Panel” drawn on or before the last pre-event community blood draw. All fees are due at the time of the screening. In order to keep scheduled appointments, all terms must be met. Similar to last year and in order to minimize cash handling, reconciling and balancing, the voluntary fees associated with optional tests are requested to be payroll deducted. This has been coordinated with the Treasurer’s office for payroll purposes and Treasurer Richey is supportive of this automation. The actual day-long health fair portion of Health Check will be held on Tuesday, April 23, 2019 from 7am to 3pm at Embassy Suites Conference Center in San Marcos. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to promote and fund Health Check 2019 for Hays County employees and eligible dependents. Authorize payroll deduction of additional fees for optional services employees may elect. All present voting “Aye”. MOTION PASSED

33512 ACTION TO APPOINT THE HAYS COUNTY FIRE MARSHAL

Director of Office of Emergency Management, Kharley Smith spoke. Commissioner Jones spoke. Commissioner Shell spoke. Commissioner Smith spoke. Through an extensive application and interview process, staff has made the recommendation of John Scott Raven to the position of County Fire Marshal and are requesting Commissioners Court appointment as required by Texas Local Government Code 352.011(b). A motion was made by Commissioner Jones, seconded by Commissioner Shell to appoint Scott Raven as Hays County fire Marshal. All present voting “Aye”. MOTION PASSED

Clerk’s Note: Court took a break at 10:07a.m. and returned into open session at 10:12a.m.

33513 APPROVE THE COMMUNICATIONS MANAGER TO ACQUIRE SOCIAL

MEDIA ACCOUNTS, AT NO COST TO THE COUNTY, TO PROMOTE

COUNTY INFORMATION

General Counsel, Mark Kennedy spoke. Judge Becerra spoke. Commissioner Ingalsbe spoke. Commissioner Smith spoke. The social media platforms will be used as a collective site for official County information. All information added to the sites will be approved by the Communications Manager and/or his/her designee prior to posting. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to


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approve the Communications Manager to acquire social media accounts, at no cost to the County, to promote County information. All present voting “Aye”. MOTION PASSED

33514 ACTION TO CONSIDER NAMING A PRIVATE DRIVEWAY IN

PRECINCT 4, STALLION STREET

Commissioner Smith spoke. The owners of property along a private driveway, located off Pin Oak St in precinct 4, would like to name their private driveway, Stallion Street. A motion was made by Commissioner Smith, seconded by Commissioner Jones to consider naming a private driveway in precinct 4, Stallion Street. All present voting “Aye”. MOTION PASSED

33515 APPROVE THE APPOINTMENT OF JUDGE RUBEN BECERRA TO

REPLACE COMMISSIONER DEBBIE INGALSBE TO THE CAPITAL

RURAL TRANSPORTATION DISTRICT'S BOARD OF DIRECTORS,

TWO YEAR TERM ENDING FEBRUARY 2021

Commissioner Ingalsbe spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the appointment of Judge Ruben Becerra to replace Commissioner Debbie Ingalsbe to the Capital Rural Transportation District's Board of Directors, two year term ending February 2021. All present voting “Aye”. MOTION PASSED

33516 AUTHORIZE THE COUNTY CLERK TO UTILIZE KOFILE

TECHNOLOGIES FOR THE HAYS COUNTY SCHOOL RECORDS

SCANNING PROJECT AS OUTLINED IN THE PLAN FOR RECORDS

PRESERVATION

As part of the Plan for Records Preservation, the County Clerk would like to move forward with the school records scanning project. The proposed preservation services include conservation, deacidification, mending, encapsulation, binding, archival imaging, security backups on microfilm, and an archival shadowbox. Dedicated funds within the County Clerks Records Management and Archive fund are available to fund this project. Attachment: Kofile Quote (requires Court signature if approved) State TXMAS Contract No. TXMAS-18-3602. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Clerk to utilize Kofile Technologies for the Hays County School Records Scanning Project as outlined in the Plan for Records Preservation. All present voting “Aye”. MOTION PASSED

ACTION TO RECONSIDER THE LOCATION OF THE CO-LOCATED EMERGENCY

COMMUNICATIONS/911 FACILITY CURRENTLY PLANNED FOR 810 S. STAGECOACH

TRAIL, SAN MARCOS WHICH IS PART OF THE 2016 PUBLIC SAFETY BOND

Travis County Constable Pct. 3 - Sargent, Jose Escribano, Les Carnes, resident of Driftwood, all made public

comments. Director of Office of Emergency Management, Kharley Smith spoke and presented a PowerPoint

presentation. Judge Becerra spoke. Sr. Vice President of ECM International, Brenda Jenkins spoke. Codi

Newsom, of ECM spoke and presented a PowerPoint presentation. Commissioner Ingalsbe spoke.

Commissioner Jones spoke. Mike Kaiman, Vice President and General Manager of Turner Construction spoke.

Commissioner Shell spoke. Commissioner Smith spoke. Fire Chief of Kyle, Kyle Taylor, spoke. Sheriff’s Office

Lt. Jeri Skrocki spoke. General Counsel, Mark Kennedy spoke. No action taken.

33517 APPROVE THE APPOINTMENT OF HAYS COUNTY JUDGE RUBEN

BECERRA TO REPLACE FORMER COMMISSIONER RAY

WHISENANT TO THE CENTRAL TEXAS CLEAN AIR COALITION

(CAC), ONE YEAR TERM ENDING 12/31/19

Commissioner Smith spoke. Commissioner Jones spoke. CAC is a committee within CAPCOG, Capital Area Council of Governments. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the appointment of Hays County Judge Ruben Becerra to replace former Commissioner Ray Whisenant to the Central Texas Clean Air Coalition (CAC), one year term ending 12/31/19. All present voting “Aye”. MOTION PASSED


AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG



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REGARDING ALL INDIVIDUAL POSITIONS WITHIN THE OFFICE OF GENERAL

COUNSEL

Court convened into Executive session at 11:23 a.m. and reconvened into open court at 11:40 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, and Legal Support Services Specialist, Janice Jones. No action taken.




WITHIN THE HAYS COUNTY JAIL DIVISION. POSSIBLE ACTION

MAY FOLLOW IN OPEN COURT.

Court convened into Executive session at 11:41 a.m. and reconvened into open court at 11:49 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Sheriff’s Office Captain, Julie Villapando, Sheriff, Gary Cutler, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the creation and hiring of one Corrections Corporal, one Corrections Sergeant, and one Corrections Officer, effective February 1, 2019 – Those positions originally budgeted to start April 1, 2019 – and to amend the budget accordingly. All present voting “Aye”. MOTION PASSED A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the creation and hiring of one Corrections Officer effective February 19, 2019 and four Corrections Officers effective March 1, 2019 – Those positions originally budgeted to start April 1, 2019 – and to amend the budget accordingly. Total FY 19 impact - $77,195.00 – to be taken from Salary Savings. All present voting “Aye”. MOTION PASSED


551.076 OF THE TEXAS GOVERNMENT CODE, CONSULTATION

WITH COUNSEL AND DELIBERATION REGARDING SECURITY

DEVICE(S) AT THE HAYS COUNTY JAIL, 1307 UHLAND ROAD, AND

THE HAYS COUNTY GOVERNMENT CENTER, 712 S. STAGECOACH

TRAIL, SAN MARCOS, TX. POSSIBLE ACTION MAY FOLLOW IN

OPEN COURT.

Court convened into Executive session at 11:49 a.m. and reconvened into open court at 12:01 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Sheriff’s Office Captain, Julie Villapando, Sheriff, Gary Cutler, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the Office of General Counsel to secure a Purchase Order – waving the County’s 3 – Quote Policy –for the purchase and/or maintenance of Security Equipment in the Hays County Government Center and the Hays County Sheriff’s Office – and to amend the budget accordingly. Office of General Counsel to coordinate these efforts with Countywide Operations and the Sheriff’s Office. We anticipate that the Sheriff’s Office can contribute approximately $10,000.00 toward this effort from Building Maintenance and Supplies. The remainder may be taken from either Countywide Operations or Contingency. All present voting “Aye”. MOTION PASSED




COURT

Court convened into Executive session at 12:01 p.m. and reconvened into open court at 12:20 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, and Legal Support Services Specialist, Janice Jones. No action taken.

Clerk’s Note Agenda Item #45 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS

WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – was pulled


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CLERK’S NOTE AGENDA ITEM #46 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO

THE BURN BAN AND/OR DISASTER DECLARATION. – was pulled

CLERK’S NOTE AGENDA ITEM #47 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD

BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS,

HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – was pulled

CLERK’S NOTE AGENDA ITEM #48 RE:DISCUSSION OF ISSUES RELATED TO ELECTRO

PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW.

– was pulled

ADJOURNMENT A motion was made by Commissioner Jones to adjourn court at 12:27 p.m.






HAYS COUNTY, TEXAS


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ON THIS THE 5TH DAY OF FEBRUARY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT,

TO-WIT:





OSCAR MEJIA SENIOR DEPUTY CLERK

THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Chaplain Melendez gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS Harvey Jenkins, a San Marcos resident, Dan Lyon, a San Marcos resident, and Delbert Bassett, a Wimberley resident all made public comments.

33520 SWEARING-IN AND CONFIRMATION OF MEMBERS TO THE HAYS

COUNTY HISTORICAL COMMISSION

Chairman of the Hays County Historical Commissioner, Kate Johnson spoke. The confirmation of all members for the current Hays County Historical Commission is required in odd-numbered years thus securing a two-year commitment from each member. A list of all members receiving appointments is attached. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to confirm members to the Hays County Historical Commission. All present voting “Aye”. MOTION PASSED

INTRODUCTION TO THE NEW COUNTY COURT AT LAW BALIFFS HIRED BY

CONSTABLE, PRECINCT 1

Constable Pct. 1, David Peterson spoke and introduced the new County Court at Law Bailiffs. The new County

Court at Law Bailiffs are David Morales, Carol Jo Cooley, and William Brad Follis.

REPORT FROM THE COUNTY JUDGE REGARDING JUDICIAL TRAINING TAKEN

DURING THE MONTH OF JANUARY

Judge Becerra spoke about the conferences he attended in December and in January. Judge Becerra also

spoke on the jail inmate population and the amount of inmates that are housed in other counties. Hays County’s

current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10 % of

capacity open. That lowers our capacity to 311.


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County invoices in the amount of $848,774.38, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of Juror checks in the amount of $612.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


CLAIMS


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A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of United Healthcare Claims in the amount of $302,145.24, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


2019

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court minutes of January 29, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED


Permit #: 1127, 1127, Road Name: Main Street, Booth Drive, Utility Company: (PEC/DNT), (Spectrum). A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Utility Permit #1127 located on Main Street, Booth Drive issued to (PEC/DNT), (Spectrum). All present voting “Aye”. MOTION PASSED

33526 ACCEPT A CONTRIBUTION FROM CEDAR OAK MESA WATER

SUPPLY CORPORATION FOR THE REQUIRED GRANT MATCHING

FUNDS RELATED TO THE WATER LINE IMPROVEMENT PROJECT


The County accepted a pass-through grant under the Texas Community Development Block Grant Program for Phase IV of water line improvements to meet TCEQ rules and requirements. This grant requires a $15,179 cash match which is provided by the Cedar Oak Mesa Water Supply Corporation. Funds will be utilized per the grant guidelines for the construction costs related to the water line improvements. No County funds are required. Budget Amendment: Increase Revenue-Contributions ($15,179), Increase Expense-Construction - $15,179. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to accept a contribution from Cedar Oak Mesa Water Supply Corporation for the required grant matching funds related to the Water Line Improvement Project and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33527 ACCEPT A PASS-THROUGH GRANT CONTRIBUTION FROM THE

CAPITAL AREA HOUSING CORPORATION FOR THE HAYS COUNTY

CHILD PROTECTIVE BOARD AND AMEND THE BUDGET

ACCORDINGLY

The Hays County Child Protective Board has received a pass-through grant from the Capital Area Housing Corporation for operating expenses associated with programs for the children. No County funds are required. Budget Amendment: Increase Revenue-Contributions ($25,000) Increase Expense-Grant Funding $25,000. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to accept a pass-through grant contribution from the Capital Area Housing Corporation for the Hays County Child Protective Board and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33528 AUTHORIZE THE SUBMISSION OF AN INTER-LOCAL APPLICATION

TO THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES

(DSHS) FOR TUBERCULOSIS PREVENTION & CONTROL FOR FY

2020 STATE FUNDS IN THE AMOUNT OF $25,875.00

DSHS provides funding to the local health department for the identification and treatment of those persons with, or who have been exposed to tuberculosis (TB). The state allocation amount is $25,875, with a required 20% match amount of $5,175.00 from the County for participation in the program, for the total amount of $31,050.00. The contract period for this is from September 01, 2019 through August 31, 2020. This Inter-Local Application will be submitted electronically to DSHS by February 6, 2019. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the submission of an Inter-Local Application to the Texas Department of State Health Services (DSHS) for Tuberculosis Prevention & Control for FY 2020 State funds in the amount of $25,875.00. All present voting “Aye”. MOTION PASSED

33529 AUTHORIZE THE INTERCONNECT AGREEMENT BETWEEN THE

CITY OF SAN MARCOS AND HAYS COUNTY FOR THE

INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED

GENERATION IN THE CITY OF SAN MARCOS ELECTRIC SYSTEM


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As part of the Countywide Energy Efficiency Project, solar panels are being installed at the Hays County Government Center. These panels will be interconnected to the City of San Marcos electric distribution system. The City of San Marcos will reimburse Hays County for excess energy "delivered to" the COSM distribution system at the avoided cost of power supply rate (ACPSR). The ACPSR is determined by the average per KWh cost of wholesale generation costs for electric energy purchased by COSM from its wholesale electric energy providers. Reimbursements will likely take the form of a credit on Hays County's monthly bill. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the interconnect agreement between the City of San Marcos and Hays County for the interconnection and parallel operation of distributed generation in the City of San Marcos electric system. All present voting “Aye”. MOTION PASSED

33530 AUTHORIZE THE SUBMISSION OF A CONTRACT RENEWAL

APPLICATION TO THE DEPARTMENT OF STATE HEALTH

SERVICES (DSHS) FOR FUNDING OF THE FY 2020/2021

EMERGING AND ACUTE INFECTIOUS DISEASE PROGRAM

(IDCU/SUR) IN THE AMOUNT OF $165,000

This funding will continue funding the epidemiologist which is dedicated to infectious disease and outbreak response activities. This position is dependent on continued grant funding. The funding period for this program is from September 1, 2019 through August 31, 2021. No match is required. This application will be submitted electronically to DSHS on February 8, 2019. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the submission of a contract renewal application to the Department of State Health Services (DSHS) for funding of the FY 2020/2021 Emerging and Acute Infectious Disease Program (IDCU/SUR) in the amount of $165,000. All present voting “Aye”. MOTION PASSED

33531 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL

NO. 5 TO THE MASTER CONTRACT FOR PRIME STRATEGIES, INC.

(PSI) FOR PROGRAM MANAGEMENT RELATED TO THE TEXAS

DEPARTMENT OF TRANSPORTATION PARTNERSHIP PROJECTS

FOR FY 2019

Mike Weaver of Prime Strategies spoke. Dan Lyon, resident of San Marcos, made public comment. Director of Transportation, Jerry Borcherding, General Counsel, Mark Kennedy, and Commissioner Jones spoke. Associated work authorizations for Fiscal Year 2019 will be executed by Commissioners in order to track the project budgets. Attached: PSI Supplemental No. 5. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the County Judge to execute Supplemental No. 5 to the master contract for Prime Strategies, Inc. (PSI) for program management related to the Texas Department of Transportation Partnership Projects for FY 2019. All present voting “Aye”. MOTION PASSED

33532 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER

NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH LJA

ENGINEERING, INC., EXECUTED ON OR ABOUT MAY 1, 2018, FOR

ENGINEERING SERVICES ON THE DACY LANE PROJECT IN HAYS

COUNTY

Commissioner Ingalsbe spoke. Director of Transportation, Jerry Borcherding spoke. General Counsel, Mark Kennedy spoke. The change order is for additional work needed including adding utility agreements, adding force main relocation ROW assistance and adding design of a new roadway. Additionally, the duration of the project will be extended by an additional 67 days. Attachment: LJA Change Order No. 1. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute Change Order No. 1 to the Professional Services Agreement with LJA Engineering, Inc., executed on or about May 1, 2018, for engineering services on the Dacy Lane project in Hays County. All present voting “Aye”. MOTION PASSED


FINAL PLAT FOR THE SUNSET VIEW ESTATES SUBDIVISION

County Planner, Marcus Pacheco spoke and gave staff recommendation. Sunset View Estates is a proposed subdivision located off of Ted Burger in Precinct 4. The proposed subdivision will divide the 14 acres into 2 lots. Water service will be provided by private well for lot 1 and rainwater collection for lot 2. Wastewater treatment will be accomplished by individual on-site sewage facilities.A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve the final plat of SUB – 1126 Sunset View Estates Subdivision. All present voting “Aye”. MOTION PASSED


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33534 SUB-1234; GRANT A VARIANCE FROM CHAPTER 705.4.02 OF THE

HAYS COUNTY DEVELOPMENT REGULATIONS TO WAIVE THE

FEES FOR THE RANCHITOS OF NIEDERWALD, AMENDED PLAT

County Planner, Marcus Pacheco spoke. Ranchitos of Niederwald is a recorded subdivision located off of Williamson Road in Precinct 2. The owner is amending the plat due to a scrivener's error. This will change a deed referenced in the title of the plat and the incorrect subdivision name in the Owner's certification block. The developer is requesting that the fees are waived, since there is no technical review being performed for this plat. The only item that is changing between the originally platted subdivision and the amended plat is the plat title and the owner's certification block. Ranchitos of Niederwald was approved on August 22, 2017 and recorded October 20, 2017. A motion was made by Commissioner Jones, seconded by Commissioner Smith to grant a variance from chapter 705.4.02 of the Hays County Development Regulations to waive the fees for the Ranchitos of Niederwald, Amended Plat. All present voting “Aye”. MOTION PASSED

33535 SUB-1082; 123 BUSINESS PARK (1 LOT). GRANT A VARIANCE TO

SECTIONS 705.8.03 (H) AND 721.6.01 OF THE HAYS COUNTY

DEVELOPMENT REGULATIONS

County Planner, Marcus Pacheco spoke Commissioner Ingalsbe spoke. The proposed 123 Business Park Subdivision is a 1 lot subdivision across 8.515 acres located off of SH 123 in Precinct 1. The subdivision crosses two county boundaries: Hays County and Guadalupe County. Water service will be accomplished through Crystal Clear Water Supply. Wastewater service will be accomplished through Individual On-Site Sewage Facilities. Sections 705.8.03 (H) and 721.6.01 of the Hays County Development Regulations establishes criteria for the reservation/dedication of right of way in accordance with the currently adopted Hays County and Capital Area Metropolitan Planning Organization Transportation Plans. The owner is requested a variance to the minimum width of Right of Way required in this portion of the County. Justification for the variance is included in the backup. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to grant a variance to Sections 705.8.03 (H) and 721.6.01 of the Hays County Development Regulations. All present voting “Aye”. MOTION PASSED

33536 APPROVE A REDUCTION OF THE CHARGE FOR A COPY OF THE

TAX ROLL IN ELECTRONIC FORMAT

Tax Assessor-Collector, Luanne Caraway spoke. The current charge for a copy of the tax roll is $150.00. This price was set when requesters were provided with a paper copy of the roll. We now have an electronic copy available and would propose an updated charge of $10.00 per request. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve a reduction of the charge for a copy of the tax roll in electronic format from $150.00 to $10.00. All present voting “Aye”. MOTION PASSED

33537 ACCEPT A BID ON TRUSTEE PROPERTY LOCATED AT LOT 8,

BLOCK 12, D.S.COMBS ADDITION, SAN MARCOS, HAYS COUNTY

Tax Assessor-Collector, Luanne Caraway spoke. Bid on account R24712 was received from Ururu Ndirangu, in the amount of $3,200. Bid has been approved by San Marcos CISD. This property has been off the tax roll since 2006. Bid analysis, account summary and tax resale deed attached. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept a bid on Trustee Property located at Lot 8, Block 12, D.S.Combs Addition, San Marcos, Hays County. All present voting “Aye”. MOTION PASSED

33538 LOCATE THE HAYS COUNTY CHILD PROTECTIVE SERVICES TO

401-C BROADWAY STREET IN SAN MARCOS

Lee Ekels, Chair of the Hays County Child Protective Board spoke and introduced some of the board members. Karen Brown, Co-Chair and Mary Caubel, Treasurer of the Hays County Child Protective Board presented the court with a PowerPoint presentation.. The Hays County Child Protective Board is an all-volunteer organization which began in 1978 and they work to assist and enhance the lives of children of families in crisis by providing needed support and services not otherwise available under the state mandated program. A short presentation will be provided in court. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to locate the Hays County Child Protective Services to 401-C Broadway Street in San Marcos. All present voting “Aye”. MOTION PASSED

33539 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT

WITH THE TEXAS WATER DEVELOPMENT BOARD (TWDB) FOR

THE FLOOD PROTECTION PLAN GRANT IN THE AMOUNT OF


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$285,370 FOR THE EXPANSION OF THE EARLY FLOOD WARNING

MONITORING SYSTEM AND AMEND THE BUDGET ACCORDINGLY

Commissioner Ingalsbe spoke. Lindsay McClune from Grants spoke. On July 10th, 2018 the Commissioners' Court authorized the submission of an application to the Texas Water Development Board, Flood Protection Plan Grant for the expansion of the Early Warning Monitoring System in the amount of $285,370 with a 50% match of 142,685 from the County in cash or in-kind contributions. The purpose of this grant is to provide assistance to political subdivisions to implement preventative and/or corrective measures for reducing loss of life and property, such as early warning systems and the development of response plans to protect life and property from floodwaters. Hays County has determined a need to enhance our warning systems, possible stream/rainfall gaging sites at select locations, and dam water level monitoring systems. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a contract with the Texas Water Development Board (TWDB) for the Flood Protection Plan Grant in the amount of $285,370 for the expansion of the Early Flood Warning Monitoring System and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33540 APPOINT COMMISSIONER DEBBIE INGALSBE AND COMMISSIONER

LON SHELL TO THE SAN MARCOS REGIONAL ANIMAL SHELTER 90

PERCENT LIVE OUTCOME IMPLEMENTATION PLAN COMMITTEE

Hays County has two representatives on the Committee that will develop the Implementation Plan for reaching 90% Live Outcome at the San Marcos Regional Animal Shelter. Each government partner agency has two slots, San Marcos, Hays County, Kyle, and Buda. The remainder of the committee consists of two people each from Mutt Strutt, PALS, PAWS, Hays County Animal Advocates, shelter staff, and shelter volunteers. A motion was made by Commissioner, seconded by Commissioner to appoint Commissioner Debbie Ingalsbe and Commissioner Lon Shell to the San Marcos Regional Animal Shelter 90 Percent Live Outcome Implementation Plan Committee. All present voting “Aye”. MOTION PASSED

33541 AUTHORIZE THE DISTRICT ATTORNEY TO UTILIZE SALARY

SAVINGS TO HIRE ONE (1) PERMANENT FULL-TIME

ADMINISTRATIVE ASSISTANT III - PARALEGAL POSITION

EFFECTIVE FEBRUARY 19, 2019

The Hays County District Attorney’s Office is requesting a full-time Administrative Assistant III effective Februrary19, 2019. The office has seen an influx of cases over the past few years and does not have the number of attorneys to meet all the current obligations. To meet statutory obligations in 2018, the division had to prioritize, triage and stop filing cases according to statutory obligations. The filing of Bond Forfeitures declined by 288 cases because there was not enough man power to review the bailiff’s certificates and file the cases. There is a constant struggle to meet the statutory requirements of the areas of law with tight statutory deadlines such as the filing of Child Protective Services Cases and Open Records for the Hays County Sherriff’s Office and the DA’s office. Bond Forfeitures do not have tight statutory deadlines. The District Attorney is asking the Court to fund a paralegal to timely, effectively, and efficiently file bond forfeitures. Financial Impact: Base Salary: $34,091 Fringe: $ 7,009 Insurances: $11,801 Total: $52,901 (annualized) FY19: $33,063 (7.5 months) Per Government Code Ch. 41.005(b) "The district or county attorney may retain a commission from money collected for the state or a county. The amount of the commission in any one case is ten percent of the first $1,000 collected, and five percent of the amount collected over $1,000." Effective 2/1/19 the percentage of bond forfeiture commissions collected will be identified and deposited within the DA's operating budget (001-607-00.4510). These collections may be utilized to offset future costs. Salary savings due to attrition are available to fund this request for the remainder of FY19. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the District Attorney to utilize salary savings to hire one (1) permanent full-time Administrative Assistant III - Paralegal position effective February 19, 2019. All present voting “Aye”. MOTION PASSED



REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG

PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 10:41a.m. and reconvened into open court at 10:52a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Director of Transportation, Jerry Borcherding and Legal Support Services Specialist, Janice Jones. No action taken.




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COURT

Court convened into Executive session at 10:52 a.m. and reconvened into open court at 11:23 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Director of Transportation, Jerry Borcherding and Legal Support Services Specialist, Janice Jones. No action taken.



REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH

PROJECT KING. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 11:23 a.m. and reconvened into open court at 11:42 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Director of Transportation, Jerry Borcherding and Legal Support Services Specialist, Janice Jones. No action taken.



Clerk’s Note Agenda Item #29 RE: DISCUSSION OF ISSUES RELATED ACTION RELATED TO

THE BURN BAN AND/OR DISASTER DECLARATION. – was pulled


PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB




DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE

CURRENT POPULATION COUNTS AND COSTS

Judge Becerra gave the update. The Jail’s daily average was 537 and peak was 545 on January 31st for the week of January 27 to February 2, 2019. The estimated cost for outsourcing inmates this week is $68,258.00. The average number of outsourced males is 192 and females are 12. This week’s inmates were housed in the following counties: Blanco, Burnet, Caldwell, Falls, McLennan and Limestone.

ADJOURNMENT A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to adjourn court at 11:43 a.m.



proceedings had by the Hays County Commissioners’ Court on February 5, 2019.

ELAINE H. CÁRDENAS, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT OF

HAYS COUNTY, TEXAS


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STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 12TH DAY OF FEBRUARY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:






THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Velma Resendiz gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS Harvey Jenkins, resident of San Marcos and Dan Lyon, resident of San Marcos, made public comments.

PRESENTATION OF HAZARDOUS MATERIAL MASKS TO THE HAYS COUNTY ANIMAL

CONTROL DEPUTIES ON BEHALF OF THE HAYS COUNTY CITIZEN SHERIFF'S

ACADEMY ALUMNI ASSOCIATION (HCCSAAA)

Commissioner Jones spoke. Animal Control Deputy, Angie Cruz spoke and presented the hazardous material masks. The HCCSAAA used fundraising money to purchase these masks for the protection of the deputies in the Animal Control Division of the Hays County Sheriff's Office to protect them from unsafe environmental conditions that they may encounter during animal seizures.

33542 ADOPT A PROCLAMATION RECOGNIZING PRESIDENT'S DAY

FEBRUARY 18, 2019 AS PUBLIC SERVICE RECOGNITION DAY

Veterans Service Director, Jude Prather spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a proclamation recognizing President's Day February 18, 2019 as Public Service Recognition Day. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County invoices in the amount of $25,229,826.87, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED





33545 APPROVE COMMISSIONERS COURT MINUTES OF FEBRUARY 5,

2019

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of February 5, 2019 as presented by the County Clerk. All present voting “Aye”. MOTION PASSED


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33546 APPROVE THE PAYMENT OF THE FEBRUARY 15, 2019 PAYROLL


EFFECTIVE FEBRUARY 15, 2019 AND POST TOTALS FOR WAGES,



A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the payment of the February 15, 2019 payroll disbursements in an amount not to exceed $2,650,400.00 effective February 15, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

33547 APPROVE AND CONFIRM THE APPOINTMENT OF KENNETH C.

NICOLAS AS RESERVE DEPUTY CONSTABLE, FOR PRECINCT 4,

EFFECTIVE FEBRUARY 12, 2019

Deputy Constable Ken Nicolas will fill the current vacant reserved Deputy Constable Position for Pct. 4. Pursuant to Local Government Code Chapter 86 Subchapter B 86.011 (a) The Commissioner's Court shall approve and confirm the appointment of a Deputy Constable. Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE. (a) An elected constable who desires to appoint a deputy must apply in writing to the commissioners court of the county and show that it is necessary to appoint a deputy in order to properly handle the business of the constable's office that originates in the constable's precinct. The application must state the name of the proposed deputy. The commissioners court shall approve and confirm the appointment of the deputy only if the commissioners court determines that the constable needs a deputy to handle the business originating in the precinct. (b) Each deputy constable must qualify in the manner provided for deputy sheriffs. (c) The constable is responsible for the official acts of each deputy of the constable. The constable may require a deputy to post a bond or security. A constable may exercise any remedy against a deputy or the deputy's surety that a person may exercise against the constable or the constable's surety. (d) A person commits an offense if the person: (1) serves as a deputy constable and the person has not been appointed as provided by Subsection (a); or (2) is a constable and issues a deputyship without the consent and approval of the commissioners court. (e) An offense under Subsection (d) is punishable by a fine of not less than $50 or more than $1,000. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve and confirm the appointment of Kenneth C. Nicolas as Reserve Deputy Constable, for Precinct 4, effective February 12, 2019. All present voting “Aye”. MOTION PASSED

33548 ACCEPT AND APPROVE THE 2018 RACIAL PROFILING REPORT

AND THE 2018 ANNUAL ACTIVITY REPORT FROM HAYS COUNTY

CONSTABLE OFFICE, PCT. 4

In compliance with Senate Bill 1074-76th regular session of the Texas Legislature amended by House Bill 3389- 81st regular session. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept and approve the 2018 Racial Profiling Report and the 2018 Annual Activity Report from Hays County Constable Office, Pct. 4. All present voting “Aye”. MOTION PASSED

33549 APPROVE AND ACCEPT AN UPDATED 2018 RACIAL PROFILING

REPORT FOR HAYS COUNTY SHERIFF'S OFFICE

On January 15th the 2018 Racial Profiling Report for the Sheriff's Office was approved by Commissioner's Court. During the submission of the report, it was determined that TCOLE had new data requirements and required a newer version of the report. Attached is an amended report and a newly required reporting form by TCOLE. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve and accept an updated 2018 Racial Profiling Report for Hays County Sheriff's Office. All present voting “Aye”. MOTION PASSED

33550 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE COUNTY-WIDE

SELF-INSURANCE FUNDS FOR VEHICLE REPAIRS AND AMEND

THE BUDGET ACCORDINGLY

The Sheriff's Office is seeking court approval to utilize countywide self-insurance funds for vehicle repairs to a 2016 Ford Explorer that was involved in a fleet accident. Unit 1615 will require front bumper and fender repairs


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as well as a replacement brush guard. Three quotes are obtained with Chuck Nash providing the lowest bid of $4,267.87. The Sheriff's Office is requesting the court to transfer funds from Countywide Self-Insurance to the S.O. Vehicle Maintenance g/l. Budget Amendment Increase Sheriff's Office Vehicle Maintenance: 001-618 00.5413 Decrease CW Self-Insurance: 001-645-00.5342 Attachments: Quotes - Chuck Nash, Lester's Shop & All Makes Collision. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Sheriff's Office to utilize county-wide self-insurance funds for vehicle repairs and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33551 APPROVE SPECIFICATIONS FOR IFB 2019-B02 ROAD BUILDING

MATERIALS - GENERAL ROAD CONSTRUCTION AND AUTHORIZE

PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE

This bid is for various road construction materials. The anticipated schedule of events related to this solicitation are as follows: February 13, 2019 Issuance of IFB Published Notice (1st run) February 20m 2019 Published Notice (2nd run) February 21, 2019 Deadline for Submission of Questions (5:00 p.m. CT) February 28, 2019 Deadline for Submission of Bids (2:00 p.m. CT) March 12, 2019 Anticipated contract award date Attached: IFB 2019-B02 Road Building Materials – General Road Construction. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve specifications for IFB 2019-B02 Road Building Materials - General Road Construction and authorize purchasing to solicit for bids and advertise. All present voting “Aye”. MOTION PASSED

33552 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO

PURCHASE FOUR (4) REPLACEMENT HAZMAT LEVEL A SUITS FOR

THE HAZMAT TEAM AND AMEND THE BUDGET ACCORDINGLY

The current Hazmat Suits are at end of life and need to be replaced for the Hazmat truck. Funds are available within the OES operating budget for this purchase. Budget Amendment: Increase Misc. Equipment Decrease General Supplies. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Office of Emergency Services to purchase four (4) replacement Hazmat Level A Suits for the HazMat Team and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33553 AUTHORIZE COMMERCIAL ON-SITE SEWAGE FACILITY AT 101

REBEL DR, BUDA, TX 78610

Tim Jurgensen & Alisa West are proposing an on-site sewage facility to serve a warehouse with one office. The warehouse will have no more than 2 employees. This site is located inside Buda's ETJ. Water will be supplied by a public water supply. The system designer, Jon Maass, R.S., has designed a system which consists of a 1500 gallon three compartment tank and a low pressure dosed drainfield. The maximum daily usage rate is 68 gallons per day. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Commercial On-site Sewage Facility at 101 Rebel Dr, Buda, TX 78610. All present voting “Aye”. MOTION PASSED


15110 W FM 150, DRIFTWOOD, TEXAS 78619

Chic & Green Interiors LLC is proposing an addition to an existing On-Site Sewage System to serve an expansion to the Stonehouse Villa wedding venue. The system is designed to accommodate up to 256 guests and employees on Fridays, Saturdays, and Sundays. This property is 1.78 acres and will be served by a public water supply. The system designer, Jon Maass, R.S., has designed a standard treatment system with flow equalization. After treatment, the effluent will be dispersed via standard disposal for a maximum daily rate of 500 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize Commercial On-Site Sewage Facility Permit at 15110 W FM 150, Driftwood, Texas 78619. All present voting “Aye”. MOTION PASSED

33555 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE THIRD

AMENDMENT TO THE MASTER SERVICES AGREEMENT BETWEEN

HAYS COUNTY, TEXAS AND SECURUS TECHNOLOGIES, INC

This Amendment to the Master Services Agreement extends the renewal period for the Agreement in order to continue utilizing Securus until the new Hays County Jail is completed (approximately one additional year). Securus provides the inmate telephone communication system and video visitation system. All other terms and


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conditions remain unaltered and in effect. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute the Third Amendment to the Master Services Agreement between Hays County, Texas and Securus Technologies, Inc. All present voting “Aye”. MOTION PASSED

33556 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A DISCLOSURE

AMENDMENT NOTICE WITH SPECIALIZED PUBLIC FINANCE, INC.

(SPFI) RELATED TO THE SECURITIES AND EXCHANGE

COMMISSION (SEC) MATERIAL EVENT DISCLOSURES

SPFI acts as the financial advisor for Hays County. As part of the master Financial Advisory Services Agreement, additional services may be negotiated as needed. This Disclosure Amendment Notice will authorize SPFI to provide continuing disclosure services related to two new SEC disclosures, Rule 15c2-12(b)(5)(i)(C)(15) and Rule 15c2-12(b)(5)(i)(C)(16) as outlined in the attached Notice. Funds are available within the County Wide operating budget to fund these services. Attachment: SPFCI Disclosure Amendment Notice. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute a Disclosure Amendment Notice with Specialized Public Finance, Inc. (SPFI) related to the Securities and Exchange Commission (SEC) material event disclosures. All present voting “Aye”. MOTION PASSED

33557 ACCEPT ASSIGNMENT BY KENNEDY CONSULTING, INC. OF A

PROFESSIONAL SERVICES AGREEMENT (PSA), EXECUTED ON OR

ABOUT APRIL 2, 2013, BETWEEN KENNEDY CONSULTING, INC.

AND HAYS COUNTY, TO JOHNSON, MIRMIRAN AND THOMPSON,

INC., EFFECTIVE IMMEDIATELY PURSUANT TO SECTION XI, H

Kennedy Consulting, Inc. was initially Kennedy Consulting, Ltd. but was changed in Amendment 1 to the PSA on or about February 11, 2014. A motion was made by Commissioner Shell, seconded by Commissioner Smith to accept assignment by Kennedy Consulting, Inc. of a Professional Services Agreement (PSA), executed on or about April 2, 2013, between Kennedy Consulting, Inc. and Hays County, to Johnson, Mirmiran and Thompson, Inc., effective immediately pursuant to section XI, H. All present voting “Aye”. MOTION PASSED

33558 ACCEPT THE DONATION OF HAZARDOUS MATERIAL MASKS TO

THE HAYS COUNTY ANIMAL CONTROL DEPUTIES AS PRESENTED

BY THE HAYS COUNTY CITIZEN SHERIFF'S ACADEMY ALUMNI

ASSOCIATION AND AMEND THE BUDGET ACCORDINGLY

The ACO was presented five (5) hazardous material masks to utilize in daily operations as needed. Budget Amendment: Increase Contributions Increase General Supplies. A motion was made by Commissioner Jones, seconded by Commissioner Shell to accept the donation of Hazardous Material Masks to the Hays County Animal Control deputies as presented by the Hays County Citizen Sheriff's Academy Alumni Association and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


A "NO DUMPING" ZONE ON FULTON RANCH ROAD FROM RR 12

FOR APPROXIMATELY A QUARTER MILE DOWN THE ROAD ON

BOTH SIDES

This action would establish a "No Dumping" zone along both sides of Fulton Ranch Road within a quarter mile of RR 12 with signs posted at standard intervals. A motion was made by Commissioner Shell, seconded by Commissioner Smith to establish a "No Dumping" zone on Fulton Ranch Road from RR 12 for approximately a quarter mile down the road on both sides. All present voting “Aye”. MOTION PASSED



ENGINEERING, INC. FOR RIGHT OF WAY SERVICES ON CR 266,

FROM CENTERPOINT ROAD TO RATTLER ROAD, PRECINCT 1


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Dan Lyon, resident of San Marcos, made public comment. Commissioner Ingalsbe spoke. The Hays County Commissioners Court, by authorizing execution of this Professional Service Agreement, grants an exemption from the requirement of §262.023 of the Texas Local Government Code (TLGC), as provided by TLGC §262.024(a)(4). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the execution of a Professional Services Agreement (PSA) between Hays County and LJA Engineering, Inc. for right of way services on CR 266, from Centerpoint Road to Rattler Road, Precinct 1. All present voting “Aye”. MOTION PASSED



ENGINEERING, INC. FOR RIGHT OF WAY SERVICES ON OLD SAN

ANTONIO ROAD, PRECINCT 2

A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the execution of a Professional Services Agreement (PSA) between Hays County and LJA Engineering, Inc. for right of way services on Old San Antonio Road, Precinct 2. All present voting “Aye”. MOTION PASSED

33562 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SUPPLEMENTAL

AGREEMENT NO. 3 TO THE PROFESSIONAL SERVICE AGREEMENT

WITH JOHNSON, MIRMIRAN AND THOMPSON, INC. FOR THE FM

110 MIDDLE PROJECT IN HAYS COUNTY, INCREASING THE

COMPENSATION CAP FROM $1,306,066.10 TO $1,690,971.00

General Counsel, Mark Kennedy spoke. The Hays County Commissioners Court, by authorizing execution of this Professional Service Agreement, grants an exemption from the requirement of §262.023 of the Texas Local Government Code (TLGC), as provided by TLGC §262.024(a)(4). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Supplemental Agreement No. 3 to the Professional Service Agreement with Johnson, Mirmiran and Thompson, Inc. for the FM 110 Middle project in Hays County, increasing the Compensation Cap from $1,306,066.10 to $1,690,971.00. All present voting “Aye”. MOTION PASSED

33563 APPOINT COMMISSIONER WALT SMITH TO THE BOARD OF

DIRECTORS FOR THE DRIPPING SPRINGS TAX INCREMENT

REINVESTMENT ZONES NO. 1 AND NO. 2, TERM ENDING

FEBRUARY 12, 2021

Commissioner Smith spoke. Hays County entered into an Interlocal Agreement with the City of Dripping Springs on March 21, 2017 related to Dripping Springs Tax Increment Reinvestment Zone (TIRZ) No. 1 and TIRZ No. 2. Per the creating documents for both reinvestment zones, Hays County is provided with two appointments to each TIRZ Board. The appointments are for two year terms. A motion was made by Commissioner Shell, seconded by Commissioner Jones to appoint Commissioner Walt Smith to the Board of Directors for the Dripping Springs Tax Increment Reinvestment Zones No. 1 and No. 2, term ending February 12, 2021. All present voting “Aye”. MOTION PASSED

33564 GRANT NAMING A PRIVATE DRIVEWAY, WANDERING TRAIL, AND

GRANTING A VARIANCE FROM CHAPTER 705.3.01 OF THE HAYS

COUNTY DEVELOPMENT REGULATIONS

County Planner, Marcus Pacheco spoke. Commissioner Smith spoke. Judge Becerra spoke. The owner of the property located off FM 150 in Precinct 4, would like to name their private driveway, Wandering Trl. The property owner has signed the request and has communicated with the Hays County GIS Analyst to coordinate 911 address assignment. The property owner is requesting a variance from Chapter 705.3.01 of the Hays County Development Regulations which outlines the requirements of property exempt from the subdivision and platting requirements per the Texas Local Government Code 232.0015. The Local Government Code allows for Four exempt tracts to utilize a single access easement as means for ingress and egress. The property owner is requesting an additional exempt tract, Five in total, to allow to utilize the access easement as means for ingress and egress. Justification for the variance is included in the backup. A motion was made by Commissioner Smith, seconded by Commissioner Jones to grant naming a private driveway, Wandering Trail, and granting a variance from Chapter 705.3.01 of the Hays County Development Regulations. All present voting “Aye”. MOTION PASSED


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33565 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN APPLICATION

FOR ELIGIBILITY TO PARTICIPATE IN THE TEXAS FACILITIES

COMMISSION FEDERAL SURPLUS PROPERTY PROGRAM

Emergency Management Coordinator, Kharley Smith spoke. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute an Application for Eligibility to participate in the Texas Facilities Commission Federal Surplus Property Program. All present voting “Aye”. MOTION PASSED

33566 ADOPT A RESOLUTION IN SUPPORT OF LEGISLATION TO ADD

SEVERAL HIGHWAYS IN HAYS COUNTY TO SECTION 391,

SUBCHAPTER I OF THE TEXAS TRANSPORTATION CODE WHICH

RESTRICTS CERTAIN OFF-PREMISE SIGNAGE

Commissioner Shell spoke. Commissioner Jones spoke. Commissioner Smith spoke. Section 391, Subchapter I, of the Transportation Code lists certain state highways in Texas in which limitations on off-premise signage exist. Off-premise signage in the statute is defined as "an outdoor sign displaying advertising that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located." Political signs, on-premise advertising signs, and other non-commercial signs are exempt from the prohibition. Currently HB 1303 has been filed adding FM 1826, RM 150, and RM 967 in Hays County to the list of highways in the statute. HB 1303 would include on the section of RM 150 between the western city limits of Kyle and RM 12 near Dripping Springs and RM 967 between the western city limits of Buda and RM 1826. The attached Resolution supports the addition of FM 1826, sections of RM 150 and RM 967 as well as the filing of additional legislation to restrict off-premise signage on the following highways or sections of highways in Hays County: -RM 12 from the intersection of RM 12 (Wonderworld Dr) and the Old Ranch Road 12 in San Marcos to the intersection of RM 12 and SH 290 in Dripping Springs -FM 2325 -FM 3237 -RM 32 Existing off-premise signage is allowed to remain per restriction in 391.253. See attached Resolution, statutes, and administrative code. A motion was made by Commissioner Shell, seconded by Commissioner Smith to adopt a Resolution in support of legislation to add several highways in Hays County to Section 391, Subchapter I of the Texas Transportation Code which restricts certain off-premise signage. All present voting “Aye”. MOTION PASSED



DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG





COURT

Court convened into Executive session at 10:26 a.m. and reconvened into open court at 10:37 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy and Legal Support Services Specialist, Janice Jones. No action taken.



WITH COUNSEL AND DELIBERATION REGARDING EMPLOYMENT

AND DUTIES OF THE HAYS COUNTY TAX ASSESSOR-COLLECTOR.

POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 9:49 a.m. and reconvened into open court at 10:26 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Tax Assessor- Collector, Luanne Caraway, Chief Deputy, Jenifer O’Kane, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Smith, seconded by Commissioner Jones to direct the Office of General Counsel to advertise an invitation for applications for appointment to the Office of the Tax Assessor-Collector, including references and


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information related to relevant training, due by Tuesday, February 19 at 2 p.m. All present voting “Aye”. MOTION PASSED





Judge Becerra gave an updated. Burn Ban will remain lifted.



AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – was pulled Clerk’s Note Agenda Item #34 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW.

– was pulled



Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. That lowers our capacity of 311. The jail’s daily average was 512 and peak was 524 on February 3

rd for the week of February 03 to February 09, 2019. Estimated cost for outsourcing inmates this

week as $61,507.00. The average number of outsourced males is 170 and females are 12. This week’s inmates were housed in the following counties: Blanco, Burnet, Caldwell, Falls, McLennan and Limestone.

ADJOURNMENT A motion was made by Commissioner Smith, seconded by Commissioner Jones to adjourn court at 10:39 a.m.






HAYS COUNTY, TEXAS


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STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 26TH DAY OF FEBRUARY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:






THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Pastor Lora Hardaway of the Resurrection Life Church gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS Harvey Jenkins, resident of San Marcos, Dan Lyon, resident of San Marcos, Dianne Wassenich, resident of San Marcos, Ida Miller, resident of San Marcos, all made public comment.


Human Resources Specialists, Kim Jeter gave presentation of Hays County Service Awards. 5 – Year Service

Awards – District Attorney – Kathleen M. Arnold, Transportation – Tyler Pendergrass, Health Department – Ian

Harris. 10 – Year Service Award – JP Pct. 5 – Scott James Cary, Human Resources –Laureen T. Chernow,

Constable Pct. 1 – Eric Villalpando. 15 – Year Service Award – Juvenile Probation –Deshon Ridge, Sheriff’s

Office – Maria Jackson. 30 – Year Service Award – Sheriff’s Office – Jerlyn M. Skrocki. Retirement – Sheriff’s

Office – Gilbert Castro, Luanne Caraway. County Clerk, Elaine H. Cárdenas read the proclamation. Paula

Brown, former Hays County Tax Assessor employee spoke. Hays County Tax Assessor Chief Deputy, Jenifer

O’Kane spoke.

33568 ADOPT A PROCLAMATION DECLARING FEBRUARY 28, 2019 AS

DIANA HENDRICKS DAY

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a proclamation declaring February 28, 2019 as Diana Hendricks Day. All present voting “Aye”. MOTION PASSED

33569 ADOPT A PROCLAMATION DECLARING FEBRUARY 22, 2019 AS

PRESIDENT GEORGE WASHINGTON DAY

Joe Cox and Cliff Klaskey, members of the William Hightower Chapter of the Sons of American Revolution were present. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a proclamation declaring February 22, 2019 as President George Washington Day. All present voting “Aye”. MOTION PASSED

33570 ADOPT A PROCLAMATION DECLARING MARCH 2019 AS ELECTION

WORKER APPRECIATION MONTH

Ida Miller, member of the League of Woman Voters spoke. Election Administrator, Jennifer Anderson spoke and presented the court with a PowerPoint presentation. Several election poll workers were in attendance as well as the Election Administrator staff members. A motion was made by Commissioner Shell, seconded by Commissioner Jones to adopt a Proclamation declaring March 2019 as Election Worker Appreciation Month. All present voting “Aye”. MOTION PASSED

Clerk’s Note: Court took break at 9:44 a.m. and reconvened into open session at 9:51 a.m.

33571 ADOPT A PROCLAMATION DECLARING FEBRUARY 17-23, 2019 AS

NATIONAL LULAC WEEK


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Constable Pct. 1, David Peterson spoke. LULAC has had a presence in Hays County for almost five decades, promoting civil rights, citizenship, educational opportunities, voter registration drives and leadership mentoring. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a proclamation declaring February 17-23, 2019 as National LULAC week. All present voting “Aye”. MOTION PASSED

PRESENTATION BY THE HAYS COUNTY DEVELOPMENT AND COMMUNITY SERVICES

ON THE NEW SUBDIVISION MAP

County Planner, Marcus Pacheco spoke and presented the court with a PowerPoint presentation. What is a

Web Map? From ESRI, “a web map is an interactive display of geographic information that you can use to tell

stories and answer questions.” Hays County utilizes ESRI software to handle and provide spatial

data/information to the public. Hays County is currently working on providing more resources through ESRI and

GIS applications for the citizens.




A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of Juror checks in the amount of $6,488.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


CLAIMS

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of United Healthcare claims in the amount of $276,994.37, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


2019

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of February 12, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

33576 APPROVE THE PAYMENT OF THE FEBRUARY 28, 2019 PAYROLL


EFFECTIVE FEBRUARY 28, 2019 AND POST TOTALS FOR WAGES,



A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the payment of the February 28, 2019 payroll disbursements in an amount not to exceed $3,560,000.00 effective February 28, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED


DACY LN, BUDA, TX 78610

Apostolic Christian Tabernacle of Austin is proposing an on-site sewage facility to serve a church with 6720 square feet. The church will have no more than 300 people on Sundays, a group activity on Thursdays (70-100 people) and an occasional small bible study during the rest of the week. This site is located inside the city limits of Kyle. Water will be supplied by a public water supply. The system designer, Stan Burrier P.E., has designed a system which consists of a two 2000 gallon one compartment tank, two 2000 gallon pump tanks and a low pressure dosed drainfield. The average maximum daily usage rate is 360 gallons per day. A motion was made


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by Commissioner Jones, seconded by Commissioner Shell to authorize Commercial On-site Sewage Facility at 5150 Dacy Ln, Buda, TX 78610. All present voting “Aye”. MOTION PASSED

33578 APPROVE AND CONFIRM THE APPOINTMENT OF PATRICK J.

CHASSE AS A REGULAR FULL-TIME DEPUTY CONSTABLE, IN THE

HAYS COUNTY CONSTABLE PRECINCT 2

Judge Becerra swore in Deputy Constable, Patrick J. Chasse. Pursuant to Local Government Code Chapter 86, Subchapter B 86.011 (a) The Commissioner's Court shall approve and confirm the appointment of a Deputy Constable. Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE. (a) An elected constable who desires to appoint a deputy must apply in writing to the commissioners court of the county and show that it is necessary to appoint a deputy in order to properly handle the business of the constable's office that originates in the constable's precinct. The application must state the name of the proposed deputy. The commissioners court shall approve and confirm the appointment of the deputy only if the commissioners court determines that the constable needs a deputy to handle the business originating in the precinct. (b) Each deputy constable must qualify in the manner provided for deputy sheriffs. (c) The constable is responsible for the official acts of each deputy of the constable. The constable may require a deputy to post a bond or security. A constable may exercise any remedy against a deputy or the deputy's surety that a person may exercise against the constable or the constable's surety. (d) A person commits an offense if the person: (1) serves as a deputy constable and the person has not been appointed as provided by Subsection (a); or (2) is a constable and issues a deputyship without the consent and approval of the commissioners court. (e) An offense under Subsection (d) is punishable by a fine of not less than $50 or more than $1,000. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve and confirm the appointment of Patrick J. Chasse as a regular full-time Deputy Constable, in the Hays County Constable Precinct 2. All present voting “Aye”. MOTION PASSED


FOR THE HAYS COUNTY CONSTABLE'S OFFICE, PRECINCT 1

The annual Racial Profiling Report has to be submitted for 2018 in accordance to Law Enforcement Policy on Racial Profiling - Article 2.132 Texas Code of Criminal Procedure (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. A motion was made by Commissioner Jones, seconded by Commissioner Shell to accept and approve the 2018 Racial Profiling Report for the Hays County Constable's Office, Precinct 1. All present voting “Aye”. MOTION PASSED


Permit #: 1129 Road Name: Saddletree Utility Company: PEC. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve Utility Permits # 1129 located on Saddletree Lane issued to PEC, as submitted by the Transportation Director. All present voting “Aye”. MOTION PASSED

33581 AUTHORIZE THE SUBMISSION OF RENEWAL GRANT APPLICATION

TO THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES

(DSHS) FOR THE FY 20/21 REGIONAL AND LOCAL SERVICES

SYSTEM/LOCAL PUBLIC HEALTH SERVICES (RLSS/LPHS) IN THE

AMOUNT OF $102,926.00

The Texas Department of State Health Services, RLSS/LPHS funding provides support to disease surveillance tracking and reporting, as well as to develop plans and policies to improve the delivery of public health services within Hays County. Funds will be used to provide partial support of the salary and benefits of the Community Health RN supervisor over a two-year period. The funding period for this renewal application is September 1, 2019 to August 31, 2021. The application will be submitted electronically before its due date on February 28, 2019. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the submission of renewal grant application to the Texas Department of State Health Services (DSHS) for the FY 20/21 Regional and Local Services System/Local Public Health Services (RLSS/LPHS) in the amount of $102,926.00. All present voting “Aye”. MOTION PASSED

33582 AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH WEST

THOMSON REUTERS FOR ONLINE LEGAL RESEARCH SERVICES

FOR THE LAW LIBRARY

Submitted for the Commissioners Court consideration is an amendment to the existing contract for electronic research subscription services, WestlawNext, from Thomson Reuters. The amendment adds more content, 28 electronic books including forms, to the current subscription. Thomson Reuters acquired O'Connor's Publishing titles, merged the two companies, and made the books and forms available electronically. The additional cost for


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including access to the O'Connor's titles is $80.00 per month. Funds for the additional content are available in the FY2019 budget for the Law Library. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize an amendment to the contract with West Thomson Reuters for online legal research services for the Law Library. All present voting “Aye”. MOTION PASSED

33583 AMEND VARIOUS DEPARTMENTAL OPERATING BUDGETS IN

PREPARATION FOR THE COUNTY'S FY 2018 YEAR-END PROCESS

A motion was made by Commissioner Shell, seconded by Commissioner Jones to amend various departmental operating budgets in preparation for the County's FY 2018 year-end process. All present voting “Aye”. MOTION PASSED

33584 APPROVE OUT OF STATE TRAVEL FOR LIEUTENANT TODD RIFFE

AND SERGEANT CHRIS TREAT TO ATTEND THE LIFESAVERS

NATIONAL CONFERENCE ON HIGHWAY SAFETY PRIORITIES ON

MARCH 31-APRIL 2, 2019 IN LOUISVILLE, KENTUCKY

Out of state travel is needed to send Lt. Todd Riffe and Sgt. Chris Treat to the Lifesavers National Conference on Highway Safety Priorities on March 31- April 2, 2019 in Louisville, Kentucky. The Lifesavers Conference will provide Lt. Riffe and Sgt. Treat the opportunity to learn from leading experts about the issues impacting roadway safety today. These issues include distracted motorists and pedestrians, drugged driving, and autonomous vehicles. Lt. Riffe and Sgt. Treat will be able to network with professionals from the nation's top safety organizations, and gain access to the newest highway safety programs and publications. Funding for registration and travel expenses including hotel, airfare, per diem and rental car fees will be paid for by the STEP Grant. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve out of state travel for Lieutenant Todd Riffe and Sergeant Chris Treat to attend the Lifesavers National Conference on Highway Safety Priorities on March 31-April 2, 2019 in Louisville, Kentucky. All present voting “Aye”. MOTION PASSED

33585 APPROVE OUT OF STATE TRAVEL FOR CRIME SCENE SPECIALIST

OLIVIA RODRIGUEZ TO ATTEND EVIDENCE COLLECTION AND

PROCESSING TRAINING ON JUNE 10-14, 2019 IN YOUNGSVILLE,

NORTH CAROLINA

Out of state travel is needed to send Crime Scene Specialist Olivia Rodriguez to attend Evidence Collection and Processing Training on June 10-14, 2019 in Youngsville, North Carolina. The Evidence Collection and Processing Training Program will provide CSS Rodriguez with hands on training using forensic tools that will help to execute the best crime scene investigation mission possible. This training will cover the scientific methods of collection, identification, evaluation and preservation of physical evidence. CSS Rodriguez will learn about various topics including Crime Scene Management, Fingerprint Classification, Crime Scene Evidence and Photography, and Controlled Substances Identification, etc. Funding for registration and travel expenses including hotel, airfare, per diem and rental car fees will be paid for out of the Sheriff's Office Continuing Ed g/l. A motion was made by Commissioner Ingalsbe , seconded by Commissioner Shell to approve out of state travel for Crime Scene Specialist Olivia Rodriguez to attend Evidence Collection and Processing Training on June 10-14, 2019 in Youngsville, North Carolina. All present voting “Aye”. MOTION PASSED

33586 ADOPT A RESOLUTION AND AUTHORIZE THE COUNTY JUDGE TO

SUBMIT A GRANT APPLICATION TO THE OFFICE OF THE

GOVERNOR, CRIMINAL JUSTICE DIVISION, GENERAL VICTIM

ASSISTANCE PROGRAM FOR THE HAYS COUNTY VICTIM

ASSISTANCE COORDINATOR

The purpose of this grant program is to provide services and assistance directly to victims of crime to speed their recovery and aid them through the criminal justice process. This grant application will provide support to the salary, benefits, necessary training, and supplies for a Victim Assistance Coordinator position in the District Attorney's Office. A Victim Assistance Coordinator provides direct victim services to victims of crimes and their families within Hays County. The grant period is from October 1, 2019 to September 30, 2021. The grant program requires a 20% match. The total project cost including the 20% match is $110,859.93 and the application is due via e grants on February 28, 2019. This grant is a continuation request of funding for the Victim Assistance Coordinator position that were funding in the FY19 grant program. Required matching funds will be requested during the FY2020 and FY 2021 budget process. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a Resolution and authorize the County Judge to submit a grant application to the Office of the Governor, Criminal Justice Division, General Victim Assistance Program for the Hays County Victim Assistance Coordinator. All present voting “Aye”. MOTION PASSED


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33587 AUTHORIZE PAYMENT TO L&L SEPTIC AND PORTABLE TOILETS

FOR THE JUVENILE DETENTION CENTER IN WHICH NO

PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY

PURCHASING POLICY

The Juvenile Detention Center had scheduled grease trap cleaning and maintenance completed and did not follow the County procurement policies. Funds are available within their operating budget to cover this expenditure. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize payment to L&L Septic and Portable Toilets for the Juvenile Detention Center in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33588 AUTHORIZE PAYMENT TO KOETTER FIRE PROTECTION FOR THE

JUVENILE DETENTION CENTER IN WHICH NO PURCHASE ORDER

WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY

The Juvenile Detention Center had scheduled inspections for their sprinkler, anti-freeze and hood systems completed and did not follow the County procurement policies. Funds are available within their operating budget to cover this expenditure. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize payment to Koetter Fire Protection for the Juvenile Detention Center in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33589 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO

ACCEPT $7,572 IN ADDITIONAL GRANT FUNDING FROM THE

TEXAS JUVENILE JUSTICE DEPARTMENT (TJJD) FOR

COMMUNITY BASED PROGRAMS AND AMEND THE BUDGET

ACCORDINGLY

The Texas Juvenile Justice Department awarded the Hays County Juvenile Probation Department an additional $7,572 for expenses related to their GED Program. Funds may be utilized to provide additional instructors for tutoring and testing, as well as transportation costs associated with the program. No County matching funds are required. Budget Amendment: Increase .5448 Contract Services Increase .4301 Intergovernmental Revenue. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Juvenile Probation Department to accept $7,572 in additional grant funding from the Texas Juvenile Justice Department (TJJD) for Community Based Programs and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33590 ACCEPT A CONTRIBUTION FROM KAARE & BRENDA REMME FOR

THE HAYS COUNTY CHILD PROTECTIVE BOARD AND AMEND THE

BUDGET ACCORDINGLY

Commissioner Shell spoke. Commissioner Jones spoke. The Hays County Child Protective Board has received a contribution from the Remme Family for operating expenses associated with programs for the children. No County funds are required. Budget Amendment: Increase Revenue-Contributions ($10,000) Increase Expense-Grant Funding $10,000. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept a contribution from Kaare & Brenda Remme for the Hays County Child Protective Board and amend the budget accordingly. All present voting “Aye”. MOTION PASSED



GOVERNOR, CRIMINAL JUSTICE DIVISION, FIRST RESPONDER

MENTAL HEALTH PROGRAM FOR THE HAYS COUNTY PEER

NETWORK FOR FIRST RESPONDERS PROJECT

The purpose of this grant program is to provide services and assistance directly to peace officers and first responders to address direct and indirect trauma that occurs in the course of their normal duties either as a result of the commission of crimes by other persons or in response to an emergency. This grant application will provide support to the salary, benefits, necessary training, and supplies for begin the planning process of developing a Hays County Peer Network for First Responders. The Peer Network will provide peer-to-peer support for our first responders and will mirror the military vet peer network model. The grant period is from


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October 1, 2019 to September 30, 2020. The grant program requires a 20% match. The total project cost including the 20% match is $97,720 and the application is due via e grants on February 28, 2019. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a Resolution and authorize the County Judge to submit a grant application to the Office of the Governor, Criminal Justice Division, First Responder Mental Health Program for the Hays County Peer Network for First Responders Project. All present voting “Aye”. MOTION PASSED



GOVERNOR, CRIMINAL JUSTICE DIVISION FOR THE HAYS

COUNTY CORPORAL SCHOOL LIAISON IN THE AMOUNT OF

$109,734.41

The purpose of this grant program is to provide funding for projects that promote public safety, reduce crime, and improve the criminal justice system. This grant application is to provide funding to support a corporal school liaison position to act in conjunction with the Sheriff's Office, school officials, students, SRO's, parents, and other agencies to facilitate outreach, education, and investigative functions. The grant period is from October 1, 2019 to September 30, 2020 and there are not match requirements. The application is due via e grants on February 28, 2019. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a Resolution and authorize the County Judge to submit a grant application to the Office of the Governor, Criminal Justice Division for the Hays County Corporal School Liaison in the amount of $109,734.41. All present voting “Aye”. MOTION PASSED




COUNTY THEFT PROTECTION EQUIPMENT IMPROVEMENTS IN

THE AMOUNT OF $15,911.00

The purpose of this grant program is to provide funding for projects that promote public safety, reduce crime, and improve the criminal justice system. This grant application is to provide funding for new technology/equipment upgrades to assist the Sheriff's Department in monitoring high crime areas. The grant period is from October 1, 2019 to September 30, 2020 and there are not match requirements. The application is due via e grants on February 28, 2019. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a Resolution and authorize the County Judge to submit a grant application to the Office of the Governor, Criminal Justice Division for the Hays County Theft Protection Equipment Improvements in the amount of $15,911.00. All present voting “Aye”. MOTION PASSED

33594 AUTHORIZE PAYMENT TO MUNICIPAL EMERGENCY SERVICES

FOR SCBA FLOW TESTING IN WHICH NO PURCHASE ORDER WAS

ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY

The Sheriff's Office Jail Division requested SCBA flow testing services where no purchase order was obtained as per the county policy. The Sheriff's Office Jail Division is requesting court approval for payment of $798.00; funds are available in the equipment maintenance and repair g/l. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize payment to Municipal Emergency Services for SCBA Flow Testing in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33595 APPROVE SPECIFICATIONS FOR RFQ 2019-P03 KOHLERS

CROSSING - UPRR GRADE SEPARATION IMPROVEMENTS AND

AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND

ADVERTISE

This RFQ is to solicit interest from qualified consultants interested in providing professional engineering and other design support services related to proposed grade-separated improvements at Kohlers Crossing and the Union Pacific Railroad (UPRR) in Precinct 2. This is part of an ongoing project that addresses safety and mobility concerns in the City of Kyle. The Project is associated with the overall program of safety and mobility improvements being undertaken by Hays County in partnership with the City of Kyle and the UPRR. The relocation of a portion of the existing railroad siding to north of Burleson Road to improve railroad-roadway operations will require the construction of a grade-separated railroad crossing at Kohlers Crossing. The proposed bridge over the Union Pacific railroad at Kohlers Crossing will eliminate vehicle-railroad car conflicts at that location and improve overall operations of both the roadway and the railroad. Attached: RFQ 2019-P03 Kohlers Crossing - UPRR Grade Separation Improvements. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to approve specifications for RFQ 2019-P03 Kohlers Crossing - UPRR


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Grade Separation Improvements and authorize Purchasing to solicit for proposals and advertise. All present voting “Aye”. MOTION PASSED

33596 AMEND THE JUSTICE OF THE PEACE TECHNOLOGY FUND FOR

COMPUTER EQUIPMENT AND SUPPLIES NEEDED FOR VARIOUS

JUSTICE OF THE PEACE OFFICES

The JP Offices are in need of various replacement computer supplies, as well as specific computer equipment for JP Offices in precinct's 4 and 5. This equipment and supplies is funded with the JP Technology Funds. Budget Amendment: JP 1-1 (625): Increase Data Supplies .5202 - $2,500 JP 1-2 (626): Increase Data Supplies .5202 - $2,500 JP 2 (627): Increase Data Supplies .5202 - $2,500 JP 4 (629): Increase Data Supplies .5202 - $2,500 Increase Computer Eqpt .5712_400 - $521 (Printer) JP 5 (630): Increase Data Supplies .5202 - $2,500 Increase Computer Eqpt .5712_400 - $1,634 (Scanner) Increase Computer Eqpt .5712_400 - $952 (Printer) JP 3 (628): Decrease Computer Eqpt .5712_400 ($15,607) A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to amend the Justice of the Peace Technology Fund for computer equipment and supplies needed for various Justice of the Peace Offices. All present voting “Aye”. MOTION PASSED




COUNTY MENTAL HEALTH CRISIS INTERVENTION PROJECT

The purpose of this grant program is to provide funding for a certified mental health professional position for the Sheriff's Office that would assess and treat those in the field who are in immediate crisis. This position will be a collaborative effort with the Scheib Center. The grant period will begin on October 10, 2019 through September 30, 2020. The application is due on February 28, 2019 and will be submitted electronically through the eGrant portal. There are no match requirements. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to adopt a Resolution and authorize the County Judge to submit a grant application to the Office of the Governor, Criminal Justice Division for the Hays County Mental Health Crisis Intervention project. All present voting “Aye”. MOTION PASSED

33598 AUTHORIZE THE DISTRICT ATTORNEY'S OFFICE TO PURCHASE

COMPUTER EQUIPMENT, SUPPLIES AND TRAINING FOR THE

VICTIM'S ASSISTANCE GRANT PROGRAM AND AMEND THE

BUDGET ACCORDINGLY

The District Attorney's Office was awarded grant funds through the Office of the Governor, Criminal Justice Division for a Victim's Assistance position to assist with the program. The position was filled in January and matching funds are required to provide supplies and training. Budget Amendment: Increase Computer Eqpt .5717_400 - $960 Increase Data Supplies .5202 - $82 Increase Software License .5429 - $387 Increase Office Supplies .5211 - $1,000 Increase Continuing Education .5551 - $794 Reduce Medical Insurance .5160_400 - ($3,223). A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the District Attorney's Office to purchase computer equipment, supplies and training for the Victim's Assistance Grant Program and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33599 AUTHORIZE THE CONSTABLE PRECINCT 3 OFFICE TO ACCEPT

TWO (2) MICROCHIP PET SCANNERS FROM THE FRIENDS OF

WIMBERLEY LOST AND FOUND PETS GROUP AND AMEND THE

BUDGET ACCORDINGLY

Constable Pct. 3, Ray Helm spoke. The Wimberley Lost and Found Pets Group has generously donated two (2) chip scanners have to the Constable Precinct 3 Office to be used to scan stray dogs and cats in an effort to reunite the animals with their rightful owners. The donated value is $300 for each unit. Budget Amendment: Increase Contributions ($600) Increase General Supplies $600. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Constable Precinct 3 Office to accept two (2) Microchip Pet Scanners from the Friends of Wimberley Lost and Found Pets Group and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


SUBMIT A GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR,

CRIMINAL JUSTICE DIVISION FOR THE HAYS COUNTY FIRST

RESPONDER TECHNOLOGY ADVANCEMENTS NOT TO EXCEED THE

AMOUNT OF $26,000


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The purpose of this grant program is to provide funding for projects that promote public safety, reduce crime, and improve the criminal justice system. The grant fund will be utilized to purchase four laptops capable of processing imagery collected via UAV equipment. The equipment will allow for the collection of real time incident data to be provided to first responders when deployed. The grant period is from October 1, 2019 to September 30, 2020 and there are not match requirements. The application is due via e grants on February 28, 2019. A motion was made by Commissioner Shell, seconded by Commissioner Jones to adopt a Resolution and authorize the County Judge to submit a grant application to the Office of the Governor, Criminal Justice Division for the Hays County First Responder Technology Advancements not to exceed the amount of $26,000. All present voting “Aye”. MOTION PASSED



Constable Pct. 3, Ray Helm spoke. The annual Racial Profiling Report has to be submitted for 2018 in accordance to Law Enforcement Policy on Racial Profiling - Article 2.132 Texas Code of Criminal Procedure (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. A motion was made by Commissioner Shell, seconded by Commissioner Jones to accept and approve the 2018 Racial Profiling Report for the Hays County Constable's Office, Precinct 3. All present voting “Aye”. MOTION PASSED




COUNTY VOLUNTEER VETERANS AT SCHOOL PROGRAM NOT TO

EXCEED THE AMOUNT OF $75,000

The purpose of this grant program is to provide funding for projects that promote public safety, reduce crime, and improve the criminal justice system. The purpose of this project is to increase public safety at schools during the peak times of pick up and drop off. The grant funds will be utilized to provide Volunteer Veterans CERT, CPR, and Stop the Bleed Training to be able to respond appropriately and effectively in the event of an incident. The grant period is from October 1, 2019 to September 30, 2020 and there are not match requirements. The application is due via e grants on February 28, 2019. A motion was made by Commissioner Shell, seconded by Commissioner Jones to adopt a Resolution and authorize the County Judge to submit a grant application to the Office of the Governor, Criminal Justice Division for the Hays County Volunteer Veterans at School Program not to exceed the amount of $75,000. All present voting “Aye”. MOTION PASSED


IMPROVEMENTS, RELEASE OF THE SUBDIVISION PERFORMANCE

BOND #PB03016800239 IN THE AMOUNT OF $3,707,280.00, AND

ACCEPTANCE OF BOTH THE 2-YEAR MAINTENANCE BOND

#PB03016800239 IN THE AMOUNT OF $131,119.00, AND THE 1-

YEAR REVEGETATION BOND #PB03016800239 IN THE AMOUNT

OF $41,520.00 FOR SUNFIELD SUBDIVISION, PHASE 3, SECTION 3

Transportation Director, Jerry Borcherding spoke and gave staff recommendation. Staff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted. An engineer's concurrence letter and as-built construction plans have been received. The Transportation Department has inspected and approved the improvements. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the road construction and drainage improvements, release of the subdivision performance bond #PB03016800239 in the amount of $3,707,280.00, and acceptance of both the 2-year maintenance bond #PB03016800239 in the amount of $131,119.00, and the 1-year revegetation bond #PB03016800239 in the amount of $41,520.00 for Sunfield subdivision, Phase 3, Section 3. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #39 RE: SUB-1175; EPPRIGHT ADDITION SUBDIVISION (5 LOTS).

DISCUSSION AND POSSIBLE ACTION TO APPROVE PRELIMINARY PLAN. – was pulled

33604 SUB-1205; CALL FOR A PUBLIC HEARING ON MARCH 12, 2019 TO

DISCUSS FINAL PLAT APPROVAL OF THE REPLAT OF LOT 75,

RESUBDIVISION OF RIVER OAKS RANCH, PHASE ONE

Resubdivision of River Oaks Ranch, Phase One is a recorded subdivision located off of Bell Springs Road in Precinct 4. The proposed re-plat will divide the 2.506 acre lots 75 into 2 lots, one of the lots will be served as


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ROW for a proposed road improvement. Water service will be provided by Monarch Water Utilities I and wastewater treatment will be accomplished by individual on-site sewage facilities. A variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities will be requested at the time of the public hearing. A motion was made by Commissioner Whisenant, seconded by Commissioner Shell to call for a public hearing on March 12, 2019 to discuss final plat approval of SUB-1205; Replat of Lot 75, Resubdivision of River Oaks Ranch, Phase One. All present voting “Aye”. MOTION PASSED

33605 ALLOW A PLATTING EXCEPTION PURSUANT TO SECTION 232.010

OF THE TEXAS LOCAL GOVERNMENT CODE FOR OWNERS OF THE

PORTIONS OF LOT 3 IN THE SILVER SPUR RANCHETTES

SUBDIVISION IN PRECINCT 4

Director of Development Services, Caitlyn Strickland spoke. The owners of lot 3 in the Silver Spur Ranchettes Subdivision have requested a waiver of platting requirements so that permits may be issued on the property. Lot 3 in the Silver Spur Ranchettes Subdivision was divided by a last will and testament that was created in 2011. The will was executed and lot 3 was divided into approximately equal shares for the wife and children of Mr. Spears. Hays County is unable to issue development permits on portions of lots, so this property would need to be replatted prior to any permit issuance. The request for the waiver comes at the concern of being in the ETJ of Austin. The owners believe that the platting with Austin and Hays County would cause undue financial burden for their gifted property. A motion was made by Commissioner Whisenant, seconded by Commissioner Shell to allow a platting exception pursuant to Section 232.010 of the Texas Local Government Code for owners of the portions of lot 3 in the Silver Spur Ranchettes Subdivision in Precinct 4. All present voting “Aye”. MOTION PASSED

33606 SELECT LNV, INC. TO PERFORM A SIGNAL WARRANT STUDY AND

SIGNAL DESIGN FOR THE INTERSECTION OF CR 266 AND

REDWOOD ROAD AND AUTHORIZE STAFF TO NEGOTIATE A

CONTRACT FOR FUTURE COURT CONSIDERATION

Transportation Director, Jerry Borcherding spoke. The warrant study is being requested due to heavy traffic at this intersection. If the signal is warranted the contract will progress to Phase 2, design of the signal. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to select LNV, Inc. to perform a signal warrant study and signal design for the intersection of CR 266 and Redwood Road and authorize staff to negotiate a contract for future Court consideration. All present voting “Aye”. MOTION PASSED

33607 ACCEPT THE RESIGNATION OF LUANNE CARAWAY AS HAYS

COUNTY TAX ASSESSOR-COLLECTOR EFFECTIVE THE END OF

FEBRUARY 28, 2019, AND TO APPOINT A NEW HAYS COUNTY TAX

ASSESSOR-COLLECTOR TO FILL THE UNEXPIRED TERM

EFFECTIVE MARCH 1, 2019

Commissioner Ingalsbe and Commissioner Jones spoke. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the resignation of Luanne Caraway as Hays County Tax Assessor-Collector effective February 28, 2019, and to appoint Jennifer O’Kane as Hays County Tax Assessor-Collector effective March 1, 2019 to fill the unexpired term. All present voting “Aye”. MOTION PASSED

33608 ACTION TO TRANSFER RESPONSIBILITY OF ANY AND ALL BANK

ACCOUNTS MANAGED BY THE HAYS COUNTY TAX ASSESSOR-

COLLECTOR TO THE NEWLY-APPOINTED TAX ASSESSOR-

COLLECTOR

A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the conversion of signature cards on all bank accounts controlled by the Hays County Tax Assessor-Collector, on or about February 28, 2019; and to instruct staff and request that the Auditor reconcile those accounts on February 28

th and March 1

st, enabling the County Judge’s Office to issue a statement

regarding the ongoing liability of Luanne Caraway. All present voting “Aye”. MOTION PASSED

33609 EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WATER

& EARTH TECHNOLOGIES, INC. (WET) RELATED TO PHASE III OF

THE EARLY WARNING SYSTEMS EQUIPMENT INSTALLATION

Director of Emergency Management, Kharley Smith spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to execute a Professional Services Agreement with Water & Earth


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Technologies, Inc. (WET) related to Phase III of the Early Warning Systems equipment installation. All present voting “Aye”. MOTION PASSED

33610 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL

FUNDING AND RIGHT OF ENTRY AGREEMENT BETWEEN HAYS

CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND HAYS

COUNTY, RELATED TO DRIVEWAY IMPROVEMENTS AT ELM

GROVE ELEMENTARY SCHOOL AND AMEND THE BUDGET

ACCORDINGLY

Commissioner Jones spoke. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbeto authorize the County Judge to execute an Interlocal Funding and Right of Entry Agreement between Hays Consolidated Independent School District and Hays County, related to driveway improvements at Elm Grove Elementary School and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33611 ADOPT A RESOLUTION IN SUPPORT OF APPLYING FOR THE

COUNTYWIDE POLLING PLACE PROGRAM

Dana Haschke, resident of Buda made public comment. Elections Administrator, Jennifer Anderson spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shellto adopt a Resolution in support of applying for the Countywide Polling Place Program. All present voting “Aye”. MOTION PASSED

33612 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE

OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR

THE HAYS COUNTY CRIME SCENE ANALYSIS SOLUTION PROJECT

IN THE AMOUNT OF $82,000 AND AMEND THE BUDGET

ACCORDINGLY

Sheriff’s Office Captain, Mark Cumberland spoke. A motion was made by Commissioner Shell, seconded by Commissioner to authorize the acceptance of a grant award from the Office of the Governor, Criminal Justice Division for the Hays County Crime Scene Analysis Solution project in the amount of $82,000 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR

THE HAYS COUNTY INCIDENT AREA COMMUNICATIONS PROJECT

IN THE AMOUNT OF $53,395.50 AND AMEND THE BUDGET

ACCORDINGLY

The Commissioners Court authorized the submittal of this grant application on February 13, 2018. These funds will be utilized to provide deployable, comprehensive, communication solutions to the Hays County Emergency Responders for use during incidents or call-outs requiring multiple person collaboration. There are no match requirements for this grant and award acceptance will be completed via eGrants Portal. Grant Number: 3568201 Grant Period: 10/01/2018 - 09/30/2019 Budget Amendment: Increase Intergovernmental Revenue .4301 - ($53,396) Increase Software Operating .5718_400 - $1,024 Increase Communications Eqpt Capital .5715_700 - $52,372. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the acceptance of a grant award from the Office of the Governor, Criminal Justice Division for the Hays County Incident Area Communications project in the amount of $53,395.50 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33614 ACTION TO RATIFY THE EXECUTION OF A GRANT CONTRACT

WITH DEPARTMENT OF STATE HEALTH SERVICES FOR THE 2017

HURRICANE PUBLIC HEALTH CRISIS RESPONSE COOPERATIVE

AGREEMENT GRANT IN THE AMOUNT OF $79,389 AND AMEND


On September 18, 2018 the Commissioners Court approved the submission of a grant application to DSHS for the 2017 Hurricane Public Health Crisis Response Cooperative Agreement Grant in the amount of $79,389. Funding will be utilized to build immunization capacity for emergency responders to ensure a high adult immunization coverage rate. On January 22, 2019 the contract was signed and submitted to DSHS. Grant Contract Number: HHs000371500030 Grant Period: 11/1/2018 - 06/30/2020 Budget Amendment: Increase


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Intergovernmental Revenue .4301 - ($79,389) Increase Temp Staff Salaries .5021 - $48,000 Increase FICA .5101_100 - $2,976 Increase Medicare .5101_200 - $696 Increase Fuel .5271 - $4,000 Increase General Supplies .5201 - $5,263 Increase Data Supplies .5202 - $560 Increase Printing .5461 - $5,000 Increase Cont Ed .5551 - $300 Increase Computer Eqpt Operating .5712_400 - $12,594. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to ratify the execution of a grant contract with Department of State Health Services for the 2017 Hurricane Public Health Crisis Response Cooperative Agreement Grant in the amount of $79,389 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33615 APPROVE AWARD OF IFB 2019-B01 OLD SAN ANTONIO ROAD

IMPROVEMENTS TO MAC, INC. AND AUTHORIZE THE COUNTY

JUDGE TO EXECUTE SAME

Commissioner Jones spoke. Purchasing received three bids in response to IFB 2019-B01 Old San Antonio Road Improvements: Vendor Austin Underground, Inc. Smith Contracting Co., Inc. Montoya Anderson Construction, Inc. (MAC, Inc.) Total Bid Amount $ 1,545,798.55 $ 1,745,903.55 $ 1,411,463.80 The bid from MAC, Inc. was determined to be the lowest and best value to the County and therefore it Is recommended that they be awarded the contract. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve award of IFB 2019-B01 Old San Antonio Road Improvements to MAC, Inc. and authorize the County Judge to execute same. All present voting “Aye”. MOTION PASSED

33616 ADOPT A RESOLUTION REGARDING THE KINDER MORGAN

PERMIAN HIGHWAY PIPELINE, THE PROPOSED ALIGNMENT

WHICH INTERSECTS HAYS COUNTY

John Scull, resident of Martindale made public comment. John Price, resident of San Marcos, made public comment. Lucy Johnson, resident of San Marcos, made public comment. Larry Becker, resident of Wimberely, made public comment. Ashley Waymounth, resident of San Marcos, made public comment. Commissioner Shell spoke. Commissioner Inglasbe spoke. Commissioner Smith spoke. Judge Becerra spoke. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a resolution regarding the Kinder Morgan Permian Highway Pipeline, the proposed alignment which intersects Hays County. All present voting “Aye”. MOTION PASSED






REGARDING EMPLOYMENT AND DUTIES OF THE HAYS COUNTY TAX ASSESSOR-

COLLECTOR. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 10:35 a.m. and reconvened into open court at 10:56 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Chief of Staff Alex Villalobos, County Auditor, Marisol Villarreal – Alonzo and Legal Support Services Specialist, Janice Jones. No action taken.

33617 EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS

GOVERNMENT CODE: CONSULTATION WITH COUNSEL

REGARDING PENDING AND/OR CONTEMPLATED LITIGATION

INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN

OPEN COURT

Court convened into Executive session at 11:50 a.m. and reconvened into open court at 12:05 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Chief of Staff, Alex Villalobos, Director of Transportation, Jerry Borcherding, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to authorize the Office of General Counsel to coordinate with the Auditor’s Office to advertise a Request for Qualifications, in the form of the specifications presented in Executive Session, with General Counsel returning the Statements of Qualification to the Commissioners Court with recommendations for engagement of a firm, related to opioid litigation. All present voting “Aye”. MOTION PASSED


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WITHIN THE HAYS COUNTY SHERIFF'S COMMUNICATION

DIVISION. POSSIBLE ACTION MAY FOLLOW

Court convened into Executive session at 12:06 p.m. and reconvened into open court at 12:30 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Chief of Staff, Alex Villalobos, HR Director, Shari Miller, Sheriff’s Office Captain Mike Davenport, Sheriff’s Office Captain Mark Cumberland and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe effective within the Sheriff’s Office Communications Division; Eliminate the Emergency Communications Coordinator, create 1 new Lt. Position budgeted at an MBS 16, convert & promote 2 lead ECO’s to Emergency Communication Manager’s at a grade of 114 with a 6% salary increase, create an additional lead ECO, to replace one of the converted ECO’s at a grade of 112 at the minimum salary for the range, authorize the use of up to $30,000.00 in Sheriff’s Office salary savings to fund these changes for FY 2019, and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


CONSULTATION WITH COUNSEL REGARDING THE HAYS COUNTY DEVELOPMENT

REGULATIONS

Court convened into Executive session at 12:30 p.m. and reconvened into open court at 12:44 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Chief of Staff Alex Villalobos, Director of Development Services, Caitlyn Strickland and Legal Support Services Specialist, Janice Jones. No action taken.





Judge Becerra spoke. Burn ban will remain lifted.



DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES

ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW

Commissioner Shell spoke. Mediation is scheduled for March 4, 2019.



Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. That lowers our capacity of 311. The jail’s daily average was 476 and peak was 478 on February 17

rd for the week of February 17 to February 23, 2019. Estimated cost for outsourcing inmates this

week as $55,387.00. The average number of outsourced males is 153 and females are 10. This week’s inmates were housed in the following counties: Burnet, Caldwell, McLennan and Limestone.

ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 12:49 p.m.


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HAYS COUNTY, TEXAS


***** *****

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 5TH DAY OF MARCH A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:





OSCAR MEJIA JR. SENIOR DEPUTY CLERK

THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Nahum Melendez of the Seventh-day Adventist church gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS Sam Brannon, and Dan Lyon, San Marcos residents, spoke during public comments.

PRESENTATION OF THE SPECIFICS OF A GRANT APPLICATION TO THE OFFICE OF

THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR THE HAYS COUNTY VOLUNTEER

VETERANS AT SCHOOL PROGRAM

Veterans Services officer, Jude Prather gave a presentation about the Hays County Volunteer Veterans at School program. Commissioner Ingalsbe, Commissioner Smith and Judge Becerra showed their appreciation to Mr. Prather and the Hays County Volunteer Veterans at School program. Given the limited time at last Commissioners Court to give the specifics of this grant program Veterans Affairs would like to provide more information on this grant that promotes public safety, reduces crime, and improves the criminal justice system.


A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to approve payments of County invoices in the amount of $2,305,057.61, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to approve payments of Juror checks in the amount of $1,842.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


CLAIMS

A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to approve the payment of Humana and United Healthcare claims in the amount of $1,500,141.79, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


2019

A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of February 26, 2019, as submitted by the County Clerk. All present voting “Aye”. MOTION PASSED


221 SUNDOWN RIDGE, AUSTIN, TEXAS 78737

Director of Development Services, Caitlyn Strickland spoke. Michael Walker is proposing an On-Site Sewage System to serve a five bedroom and two bedroom residence. These houses will act as short-term rentals and will house up to 25 persons per day. This 5.08-acre tract of land is Lot 18 in the Heritage Country Subdivision and will be served by a public water supply. The system designer, Suzanne Wukasch, R.S., has designed a proprietary treatment system using flow equalization. After treatment, the effluent will be dispersed via drip irrigation tubing for a maximum daily rate of 1500 gallons. A motion was made by Commissioner Ingalsbe,


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seconded by Commissioner Smith to authorize Commercial On-Site Sewage Facility Permit at 221 Sundown Ridge, Austin, Texas 78737. All present voting “Aye”. MOTION PASSED


UTILIZE EXISTING FUNDS FOR THE PURCHASE OF A NEW

SPEAKER'S PODIUM THAT WILL BE USED AT THE HAYS COUNTY

COURTHOUSE DURING SPECIAL EVENTS AND AMEND THE

BUDGET ACCORDINGLY

Director of Countywide Operations, Tammy Crumley spoke. Authorize the purchase of an Oklahoma Sound© The Aristocrat Sound Lectern With Sound to be used at the Hays County Courthouse during public gatherings and special events being held by the County. The podium is equipped with a 50-watt sound system allowing for audiences up to 2,500 people. *Podium quote attached Budget Amendment: Increase Misc Equipment Operating - .5719_400 Decrease Miscellaneous – 5391. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the Building Maintenance Department to utilize existing funds for the purchase of a new speaker's podium that will be used at the Hays County Courthouse during special events and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


UTILIZE EXISTING FUNDS FOR THE PURCHASE OF A

REPLACEMENT HOT WATER HEATER FOR THE HAYS COUNTY

HEALTH DEPARTMENT AND AMEND THE BUDGET ACCORDINGLY

Authorize the replacement of the current hot water heater located at the Hays County Health Department on Broadway Street. The current hot water heater has undergone many repairs and the bottom has rusted out. SI Mechanical will remove and dispose of the old hot water heater, and they will replace it with a new AO Smith Commercial Storage Tank Water Heater, 208-volt, single-phase, 6000-watt. *SI Mechanical proposal attached. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the Building Maintenance Department to utilize existing funds for the purchase of a replacement hot water heater for the Hays County Health Department and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to approve Utility Permit # 1130 located on 100 Old West Trail located on Goforth (SUD), as submitted by the Transportation Director. All present voting “Aye”. MOTION PASSED

33627 AUTHORIZE THE FIRE MARSHAL TO ACCEPT LEOSE FUNDS

DISTRIBUTED FROM THE STATE COMPTROLLER AND AMEND THE

BUDGET ACCORDINGLY

The County Fire Marshal Receives funds annually from the State Comptroller's Office per Texas Occupations Code 1701.156 for expenses related to the continuing education of licensed peace officers. Budget Amendment Increase LEOSE Revenue: 001-656-00.4310 ($681.42) Increase LEOSE Expense: 001-656-00.5552 $681.42. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the Fire Marshal to accept LEOSE Funds distributed from the State Comptroller and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33628 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MAINTENANCE

AGREEMENT WITH HOBART SERVICE FOR THE DISH MACHINE

LOCATED AT THE JAIL

Dan Lyon, resident of San Marcos and Sheriff’s Office Captain, Julie Villapando spoke. At this time, the Jail is requesting the approval of the extended warranty service agreement with Hobart Service for the Hobart dish machine. The dish machine was installed in 2016 and an extended warranty was included in the original cost of $49,864.93. This is a renewable one-year service plan covering labor, travel, parts and freight. The total cost for the service agreement is $2,172.00 and is available in the Jail Equipment Maintenance and Repair g/l. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the County Judge to execute a maintenance agreement with Hobart Service for the dish machine located at the Jail. All present voting “Aye”. MOTION PASSED




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The annual Racial Profiling Report has to be submitted for 2018 in accordance to Law Enforcement Policy on Racial Profiling - Article 2.132 Texas Code of Criminal Procedure (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept and approve the 2018 Racial Profiling Report for the Hays County Constable's Office, Precinct 2. All present voting “Aye”. MOTION PASSED

33630 APPROVE RENEWAL OF IFB 2017-B03 CEMETERY MAINTENANCE

FOR ONE ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID

In 2018, Greater Texas Landscape Services was acquired by Brightview Landscape Services. All terms and conditions remain unchanged and in full force in effect as stated in the original bid. This is the second renewal of this contract and will be effective March 9, 2019 - March 8, 2020. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve renewal of IFB 2017-B03 Cemetery Maintenance for one additional year as stated in the original bid. All present voting “Aye”. MOTION PASSED

33631 APPROVE RENEWAL OF RFP 2018-P10 COUNTYWIDE ELECTRICAL

SERVICES FOR ONE ADDITIONAL YEAR AS STATED IN THE

ORIGINAL BID

In 2018, CT Electric was awarded the primary contract for Countywide Electrical Services and Ted Breihan Electric Co. was awarded as a secondary vendor. This is the first renewal of the contract and will be effective April 1, 2019 - March 31, 2020. All terms and conditions remain unchanged and in full force in effect as stated in the original bid. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve renewal of RFP 2018-P10 Countywide Electrical Services for one additional year as stated in the original bid. All present voting “Aye”. MOTION PASSED

33632 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE

RACPRO SOFTWARE FROM JAMAR TECHNOLOGIES, INC.

RELATED TO GPS DATA COLLECTION AND EVALUATION AND


RACPro is a Windows-based program for use with the RAC Geo II Distance Measuring Instruments. This software will allow for collection and management of information retrieved from four existing GPS/Distance Meters which can then be analyzed and edited in a variety of ways. The Transportation Department would like the capability of programming, collecting and evaluating the information that the software for these units can provide in infrastructure and asset inventorying, management and maintenance scheduling. Budget Amendment: Increase Software_Operating - .5718_400 Decrease Road Materials - .5351. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Transportation Department to purchase RACPro Software from JAMAR Technologies, Inc. related to GPS data collection and evaluation and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33633 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO ACCEPT

ROAD-BUILDING MATERIALS VALUED AT $34,365.48 FROM THE

TEXAS DEPARTMENT OF TRANSPORTATION THROUGH THE 2019

TXDOT SURPLUS PROGRAM AND AMEND THE BUDGET

ACCORDINGLY

The Transportation Department will receive road-building materials offered to Hays County by the State through the 2019 TxDOT Surplus Program. The Transportation Director has requested Limestone Rock Asphalt Type II material which is used for pot holes and wash out repairs totaling approximately 513 tons. These donated materials are for use on any county-maintained roadway. Attachment: TxDot Surplus Program Application Budget Amendment: Increase Contributions .4610 Increase Road Materials .5351. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Transportation Department to accept road-building materials valued at $34,365.48 from the Texas Department of Transportation through the 2019 TxDot Surplus Program and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33634 APPROVE OUT OF STATE TRAVEL FOR DIRECTOR OF

EMERGENCY SERVICES KHARLEY SMITH AND EMERGENCY

PREPAREDNESS COORDINATOR MIKE JONES TO ATTEND THE

NATIONAL PREPAREDNESS SUMMIT IN ST. LOUIS, MO MARCH 25-

29, 2019

Emergency Management Director, Kharley Smith spoke. Commissioner Smith and Commissioner Ingalsbe spoke. The Preparedness Summit is the largest and most comprehensive national conference focusing on the


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integration of public health preparedness and emergency response. The summit will provide teachings on new research findings, sharing tools and resources, and providing for opportunities to implement model practices that enhance Hays County's capabilities to prepare for, respond to and recover from disasters and other emergencies. DSHS Public Health Emergency Preparedness grant funds will be utilized for all expenses and attendance helps to meet the grant deliverables. No county funds are required. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve out of state travel for Director of Emergency Services Kharley Smith and Emergency Preparedness Coordinator Mike Jones to attend the National Preparedness Summit in St. Louis, MO March 25-29, 2019. All present voting “Aye”. MOTION PASSED

33635 AUTHORIZE THE CONSTABLE PCT. 1 OFFICE TO PURCHASE LAW

ENFORCEMENT EQUIPMENT AND AMEND THE BUDGET

ACCORDINGLY

Constable Pct. 1 Chief Deputy, Michael Varela spoke. The Constable's Office is in need of two (2) Cold M4 Semi-Automatic Weapons for the Constable and Chief Deputy for law enforcement and safety needs. Funds are available in the Commissioner's budget for this purchase. Budget Amendment: Increase Constable 1 Law Enforcement Equipment Decrease Commissioner 1 Community Program Expense. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Constable Pct. 1 Office to purchase law enforcement equipment and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


IMPROVEMENTS, RELEASE OF THE LETTER OF CREDIT #1018 IN

THE AMOUNT OF $280,830.45, AND ACCEPTANCE OF THE 2-YEAR

MAINTENANCE BOND #107005275 IN THE AMOUNT OF $96,955.25

FOR 6 CREEKS SUBDIVISION, PHASE 1, SECTION 1

Director of Transportation, Jerry Borcherding spoke and gave staff recommendation. Staff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted. An engineer's concurrence letter and as-built construction plans have been received. The Transportation Department has inspected and approved the improvements. A motion was made by Commissioner Smith, seconded by Commissioner Jones to accept road construction and drainage improvements, release of the Letter of Credit #1018 in the amount of $280,830.45, and acceptance of the 2-year maintenance bond #107005275 in the amount of $96,955.25 for 6 Creeks subdivision, Phase 1, Section 1. All present voting “Aye”. MOTION PASSED

33637 SUB-1158; GATLIN CREEK RANCH, SECTION 2 (2 LOTS).

DISCUSSION AND POSSIBLE ACTION TO APPROVE PRELIMINARY

PLAN

County Planner, Marcus Pacheco spoke and gave staff recommendation. Gatlin Creek Ranch, Section Two is a proposed 2 lot subdivision located along Gatlin Creek Road in Precinct 4. Water service will be provided by private wells and rainwater collection. Wastewater service will be accomplished by Individual On-Site Sewage Facilities. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve preliminary plan of SUB-1158; Gatlin Creek Ranch, Section 2 (2 Lots). All present voting “Aye”. MOTION PASSED

33638 SUB-1236 LADY BIRD MONTESSORI SUBDIVISION (1 LOT);

DISCUSSION AND POSSIBLE ACTION TO WAIVE PUBLIC

NOTIFICATION REQUIREMENTS

Director of Development Services, Caitlyn Strickland spoke. Judge Becerra spoke. Lady Bird Montessori Subdivision is a proposed subdivision located off of Old Black Colony Road in Precinct 2. The property owner has requested that public notification requirements be waived for this subdivision. The creation of this subdivision is due to a city of Buda requirement that the 12 acre tract be platted as a development requirement for the Montessori school. The owner would not have needed to plat or perform notification, if the plat had not fallen in the ETJ of Buda and exceeded driveway spaces. The owner has formally requested that the commissioners court waive the notification requirements for these reasons. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to waive public notification requirements of SUB-1236 Lady Bird Montessori Subdivision (1 lot). All present voting “Aye”. MOTION PASSED

33639 SUB-1198; DRIFTWOOD VALLEY SUBDIVISION (26 LOTS).

DISCUSSION AND POSSIBLE ACTION TO ACCEPT FISCAL SURETY

FOR THE CONSTRUCTION OF STREET AND DRAINAGE

IMPROVEMENTS IN THE AMOUNT OF $356,866.06 (BOND #

442463)


***** *****

County Planner, Marcus Pacheco spoke. Commissioner Smith spoke. The final plat for the Driftwood Valley subdivision has been reviewed under the interlocal cooperation agreement with the City of Dripping Springs and has been approved by County staff. While the plat has been approved administratively, formal acceptance of fiscal surety is required by Commissioners Court action. A motion was made by Commissioner Smith, seconded by Commissioner Shell to accept fiscal surety for the construction of street and drainage improvements in the amount of $356,866.06 (Bond # 442463) of SUB-1198; Driftwood Valley Subdivision (26 Lots). All present voting “Aye”. MOTION PASSED


AGREEMENT WITH THE PLUM CREEK CONSERVATION DISTRICT

FOR FLOOD MONITORING

The ILA between Hays County and Plum Creek Conservation District grants the County and its Flood Warning Contractors access to District property to install flood gauges on Dams 1, 2, 3, 5, and 6 and to access and maintain those gauges on an as-needed basis. These flood gauges are additions to the existing Countywide Flood Warning System. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute an Interlocal Agreement with the Plum Creek Conservation District for flood monitoring. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #24 RE: ADOPT A RESOLUTION GRANTING AN EXEMPTION TO THE COMPETITIVE BID PROCESS FOR THE PURCHASE OF FOOD ITEMS BY THE SHERIFF'S OFFICE AS AUTHORIZED BY SECTION 262.024 (A)(8) TEXAS LOCAL GOVERNMENT CODE AND AUTHORIZING THE SHERIFF'S OFFICE TO SOLICIT INFORMAL BIDS AT ONE (1) MONTH INTERVALS AS AUTHORIZED BY SECTION 262.024(D) TEXAS LOCAL GOVERNMENT CODE; AND TO APPROVE THE

FORM FOR RECORDING INFORMAL BIDS – was pulled

33641 AUTHORIZE THE COUNTY JUDGE TO EXECUTE INTERLOCAL

AGREEMENTS FOR LAW ENFORCEMENT BETWEEN HAYS COUNTY

AND WATER CONTROL IMPROVEMENT DISTRICT #1 (RENEWAL)

AND WATER CONTROL IMPROVEMENT DISTRICT #2 (NEW), IN

PRECINCT 4 OF HAYS COUNTY; AND TO ESTABLISH A NEW PART-

TIME DEPUTY CONSTABLE FOR PRECINCT 4 AND TO AMEND THE

BUDGET ACCORDINGLY

General Counsel, Mark Kennedy spoke. Constable Pct. 4, Ron Hood spoke. Judge Becerra spoke. Commissioner Smith spoke. WCID#1 has had a long-standing Interlocal Agreement (ILA) for law enforcement within certain sections of Belterra. Now that Belterra has expanded, and since the law enforcement agreement has been successful, in the opinion of the Board members of the WCID, they have asked to expand the ILA to cover more territory and provide additional hours. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to authorize the County Judge to execute Interlocal Agreements for law enforcement between Hays County and Water Control Improvement District #1 (renewal) and Water Control Improvement District #2 (new), in Precinct 4 of Hays County; and to establish a new part-time Deputy Constable for Precinct 4 and to amend the budget accordingly. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #26 RE: AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN EQUIPMENT SUPPORT RENEWAL AGREEMENT WITH FRONTBLADE SYSTEMS RELATED TO ANNUAL

FUJITSU SCANNER MAINTENANCE AND AMEND THE BUDGET ACCORDINGLY – was pulled

33642 SELECT SAM, INC. TO PERFORM ROADWAY SURVEYING ALONG

FM 967 IN SUPPORT OF THE 2016 BOND ROAD PROJECT AND

AUTHORIZE STAFF TO NEGOTIATE A CONTRACT FOR FUTURE

COURT CONSIDERATION

Commissioner Jones spoke. This survey will collect needed data for an anticipated extension of the FM967 bond project limits. A motion was made by Commissioner Jones, seconded by Commissioner Smith to select SAM, Inc. to perform roadway surveying along FM 967 in support of the 2016 Bond Road project and authorize staff to negotiate a contract for future Court consideration. All present voting “Aye”. MOTION PASSED


TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) IN

THE AMOUNT OF $5,000 AND AMEND THE BUDGET

ACCORDINGLY


***** *****

Director of Countywide Operations, Tammy Crumley spoke. The Texas LEPC Grant Program is an opportunity for LEPCs to establish, maintain, and/or improve their implementation of the Emergency Planning and Community Right- to-Know Act (EPCRA). The funds for this grant are for the maintenance of the Remote Automated Weather Stations (RAWS). The grant period begins on the date of the last signature and ends August 31, 2019 and there is no cash match. Contract Number: 582-19-91788 Budget Amendment: Increase Intergovernmental Revenue .4304 - ($5,000) Increase Contract Services .5411 - $5,000. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the acceptance of a grant award from the Texas Commission on Environmental Quality (TCEQ) in the amount of $5,000 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33644 APPOINT ESPERANZA OROSCO AND ISMAEL AMAYA TO THE HAYS

COUNTY CHILD PROTECTIVE BOARD, TERM ENDING 12/30/2021

Hays County Child Protective Board Chairman, Lee Eckels spoke. Orosco and Amaya have agreed to serve on the board. This is for a three year term. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to appoint Esperanza Orosco and Ismael Amaya to the Hays County Child Protective Board, term ending 12/30/2021. All present voting “Aye”. MOTION PASSED

33645 AUTHORIZE THE CONSTABLE PCT. 1 OFFICE TO PURCHASE LAW

ENFORCEMENT EQUIPMENT FOR THE COUNTY COURT AT LAW

BAILIFF’S AND AMEND THE BUDGET ACCORDINGLY

Commissioner Ingalsbe spoke. Constable Pct. 1 Chief Deputy, Michael Varela spoke. The Constable's Office is requesting additional equipment for the Deputy Constable Bailiff's that are assigned to bailiff duties within the County Court. Budget Amendment: Increase Law Enforcement Equipment - .5717_400: 3 Taser's - $3,603 3 Body Camera's - $3,156 2 Bullet Proof Vests - $850 Increase Communication Equipment - .5715_400: 3 Handheld Radio's - $5,965 Possible Funding: County Wide Contingencies 001-645-00.5399. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Constable Pct. 1 Office to purchase law enforcement equipment for the County Court at Law Bailiff’s and amend the budget accordingly. All present voting “Aye”. MOTION PASSED



PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT – was pulled




WITHIN THE JUVENILE DETENTION CENTER. POSSIBLE ACTION


Court convened into Executive session at 9:55 a.m. and reconvened into open court at 10:57a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Chief of Staff, Alex Villalobos, H.R. Director, Shari Miller, County Auditor, Marisol Villarreal- Alonzo, First Assistant County Auditor, Vickie Dorsett, Director of Juvenile Detention Center, Brett Littlejohn, Chief Juvenile Probation Officer, Shelly Williams, County Court at Law # 1 Judge, Robert Updegrove, County Court at Law # 2 Judge, Chris Johnson, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the Juvenile Detention Center’s Scenario 1 proposed re-structure related to JSO positions only, effective 04/01/2019 as presented: Re-grade all JSO positions from 109 to 110 maintaining the current progression step plan. Convert the shared JSO position, slot 055 to ten (10) full-time JSO positions, maintaining, 2,028 shared hours only for the GED program which is funded through TJJD grant funds. All present voting “Aye”. MOTION PASSED


AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH

PROJECT MAGIC MINT AND PROJECT BIG HAT. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – was pulled


WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – was pulled Clerk’s Note Agenda Item #35 RE: ACTION RELATED TO THE BURN BAN AND/OR DISASTER

DECLARATION. – was pulled


***** *****




DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES

ON THE FILED APPLICATION

Commissioner Shell spoke.


CURRENT POPULATION COUNTS AND COSTS.

Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. That lowers our capacity of 311. The jail’s daily average was 475 and peak was 480 on March 2

nd for the week of February 24 to March 2, 2019. Estimated cost for outsourcing inmates this week as $

53,374.00. The average number of outsourced males is 150 and females are 7. This week’s inmates were housed in the following counties: Burnet, Caldwell, McLennan and Limestone.

ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 11:06 a.m.



proceedings had by the Hays County Commissioners’ Court on March 5, 2019.



HAYS COUNTY, TEXAS


***** *****

STATE OF TEXAS *

COUNTY OF HAYS *



TO-WIT:






THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Velma Resendiz of the Pentecostal Church gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS Johnny Johnston Jr. resident of Kyle, Dan Lyon, resident of San Marcos, Sam Brannon, resident of San Marcos, all made public comments.

UPDATE ON THE HILL COUNTRY MENTAL HEALTH AND DEVELOPMENT

DISABILITIES (MHDD) MARCH 5TH BOARD MEETING FROM CHARLIE CAMPISE,

HAYS COUNTY REPRESENTATIVE ON THE BOARD

Charles Campise, Hays County representative of the board spoke and gave a brief update on the Hill Country Mental Health and Development Disabilities. The board has 6 County Judges, 2 members of the general public and 1 County Commissioner. The agency serves 19 counties in Central Texas. The largest of the counties is Hays County. The annual cost for a hospital stay for a private facility is $75,000.00. The annual cost for a hospital stay for a public facility is $38,000.00.

A SUMMARY BY THE CHIEF OF STAFF ON THE CRIMINAL JUSTICE SUMMIT HELD

ON MARCH 8, 2019

Chief of Staff, Alex Villalobos spoke. Chief of Staff will provide a summary on the Criminal Justice Summit that was held at the Government Center on March 8th, 2019. The Criminal Justice Summit had presentations from the following offices: Sheriff’s Office, District Attorney’s Office, District Judge, County Court at Law, and local attorney’s offices.


Marisol Villarreal-Alonzo, Hays County Auditor spoke. An additional $166.00 needed to be added to the disbursements. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County invoices in the amount of $4,477,629.16, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED




33648 APPROVE COMMISSIONERS COURT MINUTES OF MARCH 5, 2019

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of March 5, 2019 as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

33649 APPROVE THE PAYMENT OF THE MARCH 15, 2019 PAYROLL


EFFECTIVE MARCH 15, 2019 AND POST TOTALS FOR WAGES,




***** *****

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of the March 15, 2019 payroll disbursements in an amount not to exceed $2,650,400.00 effective March 15, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED


301 EAGLES NEST, CABINS #1-3, WIMBERLEY, TEXAS 78676

Curtis Smith with Wimberley Realty Services is proposing a new on-site sewage facility for the property located at 301 Eagles Nest in Wimberley Texas. This system will serve three small long-term rental cabins (#1, 2, and 3) and is designated as "System A". This 11.38-acre tract of land will be served by a private water supply. The system designer, Stan Burrier, P.E., has designed a standard treatment system. After treatment, the effluent will be dispersed via low-pressure pipe for a maximum daily rate of 540 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize Commercial On-Site Sewage Facility Permit at 301 Eagles Nest, Cabins #1-3, Wimberley, Texas 78676. All present voting “Aye”. MOTION PASSED


301 EAGLES NEST, CABINS #4 & 5, WIMBERLEY, TEXAS 78676

Curtis Smith with Wimberley Realty Services is proposing a new on-site sewage facility for the property located at 301 Eagles Nest in Wimberley Texas. This system will serve two small long-term rental cabins (#4 & #5) and an existing house and is designated as "System B". This 11.38-acre tract of land will be served by a private water supply. The system designer, Stan Burrier, P.E., has designed a standard treatment system. After treatment, the effluent will be dispersed via low-pressure pipe for a maximum daily rate of 540 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize Commercial On-Site Sewage Facility Permit at 301 Eagles Nest, Cabins #4 & 5, Wimberley, Texas 78676. All present voting “Aye”. MOTION PASSED


Permit: # 1131 Road Name: 809 Petra’s Way Utility Company: Goforth (SUD). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve utility permit # 1131 located on 809 Petra’s Way issued to Goforth (SUD) as presented by the Director of Transportation. All present voting “Aye”. MOTION PASSED

33653 AUTHORIZE PAYMENT TO KONE INC. FOR ELEVATOR REPAIRS AT

THE GOVERNMENT CENTER WHERE NO PURCHASE ORDER WAS

ISSUED PER COUNTY PURCHASING POLICY

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize payment to KONE Inc. for elevator repairs at the Government Center where no purchase order was issued per County purchasing policy. All present voting “Aye”. MOTION PASSED

33654 AUTHORIZE THE SHERIFF'S OFFICE TO ACCEPT A DONATION IN

THE AMOUNT OF $50.00 FOR THE COMMUNITY OUTREACH

PROGRAM AND AMEND THE BUDGET ACCORDINGLY

The Sheriff's Office received a donation of $50.00 from Marcello and Virginia Rodriguez. The Rodriguez's are requesting for the funds to be used for supplies and materials towards the Jr. Deputy Academy. Budget Amendment Special Projects Fund Increase 052-618-00.4610 Contributions $50.00 Increase 052-618-00.5222 Crime Prevention $50.00. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Sheriff's Office to accept a donation in the amount of $50.00 for the Community Outreach Program and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33655 APPROVE CORRECTION TO SECTION 2B111 BEREAVEMENT

LEAVE IN THE HAYS COUNTY EMPLOYEE PERSONNEL POLICY

The Bereavement Leave Section included incorrect leave hours in the policy adopted effective 1/1/2019. The correct language should be: 2B111 BEREAVEMENT LEAVE Full time employees will be allowed up to 24 hours leave with pay for a death in the immediate family (18 hours for ¾ time employees and 12 hours for regular part-time employees working at least 20 hours per week). For purposes of this policy, immediate family will be defined as spouse, child, parent, sibling, grandparent, grandchild or spouse’s child, parent, sibling, grandparent, grandchild, or a son-in-law or daughter-in-law. Special consideration may also be given to any other person whose association with the employee is similar to the above relationships. A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve correction to Section 2B111 Bereavement Leave in the Hays County Employee Personnel Policy. All present voting “Aye”. MOTION PASSED


***** *****


NO. 1 FOR KLOTZ ASSOCIATES, INC. DBA RPS ON THE FM 621

SAFETY IMPROVEMENTS HAYS COUNTY 2016 ROAD BOND

PROJECT

A change order requesting additional performance days under the contract for the FM 621 Safety Improvements Project: to extend the contract termination date to accommodate the revised schedule in the TxDOT Advance Funding Agreement (AFA). A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the County Judge to execute Change Order No. 1 for Klotz Associates, Inc. dba RPS on the FM 621 Safety Improvements Hays County 2016 Road Bond Project. All present voting “Aye”. MOTION PASSED

33657 APPROVE THE REAPPOINTMENT OF COMMISSIONER DEBBIE

GONZALES INGALSBE AND COMMISSIONER LON SHELL TO THE

SAN MARCOS TAX INCREMENT REINVESTMENT ZONE NO. 5

(DOWNTOWN) BOARD OF DIRECTORS, TERM ENDING MARCH 19,

2021

These reappointments are for 2 year terms, beginning March 19, 2019 and ending March 19, 2021. A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve the reappointment of Commissioner Debbie Gonzales Ingalsbe and Commissioner Lon Shell to the San Marcos Tax Increment Reinvestment Zone No. 5 (downtown) Board of Directors, term ending March 19, 2021. All present voting “Aye”. MOTION PASSED

33658 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A GENERAL AND

CLOSING CERTIFICATE OF HAYS COUNTY, TEXAS, RELATED TO

THE REFUNDING OF BONDS BY THE WEST TRAVIS COUNTY

PUBLIC UTILITY AGENCY

As a Participating Entity in the West Travis County PUA, Hays County must execute the attached Certificate prior to A.G. approval of the Refunding Bonds, Series 2019. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the County Judge to execute a General and Closing Certificate Of Hays County, Texas, related to the refunding of bonds by the West Travis County Public Utility Agency. All present voting “Aye”. MOTION PASSED

33659 ACCEPT THE 2018 HAYS COUNTY EMERGENCY SERVICES

DISTRICT #4 AUDIT REPORT PER TEXAS HEALTH AND SAFETY

CODE 775.082

Texas Health and Safety Code 775.082 requires that the District prepare and file with the Commissioners Court by June 1 of each year an audit report of the district's fiscal accounts and records. The District's Audit Report is attached. A motion was made by Commissioner Jones, seconded by Commissioner Smith to accept the 2018 Hays County Emergency Services District #4 Audit Report per Texas Health and Safety Code 775.082. All present voting “Aye”. MOTION PASSED

33660 ACCEPT THE DELIVERY OF THE COMMUNITY SUPERVISION AND

CORRECTIONS DEPARTMENT'S (CSCD) FINANCIAL STATEMENTS

FOR THE FISCAL YEAR ENDING ON AUGUST 31, 2018 FOR FILING

WITH THE HAYS COUNTY COMMISSIONERS COURT PURSUANT TO

LOCAL GOVERNMENT CODE, SECTION 140.004(D) AND THE

TEXAS DEPARTMENT OF CRIMINAL JUSTICE-COMMUNITY

JUSTICE ASSISTANCE DIVISIONS FINANCIAL MANAGEMENT

MANUAL

Texas Local Government Code 140.004(d) requires that the community supervision and corrections department (CSCD) file with the Commissioners Court a complete financial statement of the department's preceding fiscal year. The CSCD Financial Audit Report is attached. A motion was made by Commissioner Jones, seconded by Commissioner Smith to accept the delivery of the Community Supervision and Corrections Department's (CSCD) Financial Statements for the Fiscal Year ending on August 31, 2018 for filing with the Hays County Commissioners Court pursuant to Local Government Code, Section 140.004(d) and the Texas Department of Criminal Justice-Community Justice Assistance Divisions Financial Management Manual. All present voting “Aye”. MOTION PASSED

33661 AUTHORIZE A POSITION CHANGE FROM JUSTICE COURT

TRAINER, GRADE 112 TO JUSTICE COURT ADMINISTRATOR,


***** *****

GRADE 111 IN THE JUSTICE OF THE PEACE PRECINCT 3 OFFICE

WITH AN EFFECTIVE DATE OF MARCH 9, 2019

The current Justice Court Trainer employee is vacating this position and transferring to another Hays County department effective March 9, 2019. Information Technology staff has assumed some of the technology support functions previously performed by the Justice Court Trainer. The Justice Court Administrator position is the appropriate position to fulfill the required duties. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize a position change from Justice Court Trainer, grade 112 to Justice Court Administrator, grade 111 in the Justice of the Peace Precinct 3 office with an effective date of March 9, 2019. All present voting “Aye”. MOTION PASSED



The annual Racial Profiling Report has to be submitted for 2018 in accordance to Law Enforcement Policy on Racial Profiling - Article 2.132 Texas Code of Criminal Procedure (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state.A motion was made by Commissioner Jones, seconded by Commissioner Shell to accept and approve the 2018 Racial Profiling Report for the Hays County Constable's Office, Precinct 5. All present voting “Aye”. MOTION PASSED

33663 AUTHORIZE THE JUVENILE DETENTION CENTER TO PURCHASE A

REPLACEMENT DVR SYSTEM FOR FACILITY MONITORING AND


A portion of the facilities camera system DVR is not functioning and is not repairable. The Juvenile Facility Administrator obtained quotes to replace the DVR's in order to get the 32 cameras back on-line for monitoring various parts of the facility. There are no recurring costs associated with the purchase, as existing cables and cameras will be utilized. Funds are available within their operating budget for this purchase. Budget Amendment: Increase Misc Equipment - .5719_400 Decrease Bldg Maint & Repairs - .5451. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Juvenile Detention Center to purchase a replacement DVR system for facility monitoring and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


16580 FITZHUGH ROAD, DRIPPING SPRINGS, TX

Danny Cabela is proposing an On-Site Sewage System to serve four buildings with living quarters. These quarters are for nightly rentals. This 10.08-acre tract of land is not in a subdivision and will be served by a private well. The system designer, Stan Burrier, P.E., has designed a proprietary treatment plant with flow equalization. After treatment, the effluent will be dispersed via drip irrigation tubing for a maximum daily rate of 980 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Commercial On-Site Sewage Facility Permit at 16580 Fitzhugh Road, Dripping Springs, TX. All present voting “Aye”. MOTION PASSED

33665 APPROVE AND CONFIRM THE APPOINTMENT OF ALEX

VILLALOBOS AS A RESERVE DEPUTY CONSTABLE FOR HAYS

COUNTY CONSTABLE PRECINCT 3 OFFICE

Constable Pct. 3, Ray Helm spoke. Commissioner Jones, Commissioner Smith and Commissioner Shell spoke. Chief of Staff, Alex Villalobos spoke. Judge Becerra spoke. Alex has met and exceeded the qualifications for Deputy Constable. He worked for over 10 years at Texas State PD and has his Master Peace Officer License. Pursuant to Local Government Code Chapter 86, Subchapter B 86.011 (a) The Commissioner's Court shall approve and confirm the appointment of a Deputy Constable. Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE. (a) An elected constable who desires to appoint a deputy must apply in writing to the commissioners court of the county and show that it is necessary to appoint a deputy in order to properly handle the business of the constable's office that originates in the constable's precinct. The application must state the name of the proposed deputy. The commissioners court shall approve and confirm the appointment of the deputy only if the commissioners court determines that the constable needs a deputy to handle the business originating in the precinct. (b) Each deputy constable must qualify in the manner provided for deputy sheriffs. (c) The constable is responsible for the official acts of each deputy of the constable. The constable may require a deputy to post a bond or security. A constable may exercise any remedy against a deputy or the deputy's surety that a person may exercise against the constable or the constable's surety. (d) A person commits an offense if the person: (1) serves as a deputy constable and the person has not been appointed as provided by Subsection (a); or (2) is a constable and issues a deputyship without the consent and approval of the commissioners court. (e) An offense under Subsection (d) is punishable by a fine of not less than $50 or more than $1,000. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve and confirm the appointment of Alex Villalobos as a Reserve Deputy Constable for Hays County Constable Precinct 3 Office. All present voting “Aye”. MOTION PASSED


***** *****

33666 ACCEPTANCE OF ROAD CONSTRUCTION AND DRAINAGE

IMPROVEMENTS, RELEASE OF THE LETTER OF CREDIT/BOND

#SBP702570 IN THE AMOUNT OF $131,721.80, AND ACCEPTANCE

OF THE 2-YEAR MAINTENANCE BOND #70167847 IN THE AMOUNT

OF $71,856.34 FOR BELTERRA SUBDIVISION, PHASE 20, SECTION

2 & PHASE 21, SECTION 2

Transportation Director, Jerry Borcherding spoke and gave staff recommendation. Staff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted. An engineer's concurrence letter and as-built construction plans have been received. The Transportation Department has inspected and approved the improvements. A motion was made by Commissioner Smith, seconded by Commissioner Shell to accept road construction and drainage improvements, release of the Letter of Credit/bond #SBP702570 in the amount of $131,721.80, and acceptance of the 2-year maintenance bond #70167847 in the amount of $71,856.34 for Belterra subdivision, Phase 20, Section 2 & Phase 21, Section 2. All present voting “Aye”. MOTION PASSED


NO. 1 TO WORK AUTHORIZATION NO. 1 FOR AMERICAN

STRUCTUREPOINT, INC. FOR THE FM 3237 SAFETY

IMPROVEMENTS FROM RM 150 TO RM 12 ROAD BOND PROJECT

Commissioner Shell spoke. A Supplemental Work Authorization requesting additional scope and funds for the RM 3237 Safety Improvements (RM150-RM12) Project to add intersection improvements in the vicinity of Myers Creek including Rogers Road and Smith Creek Road Intersections. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute Supplemental No. 1 to Work Authorization No. 1 for American Structurepoint, Inc. for the FM 3237 Safety Improvements from RM 150 to RM 12 Road Bond project. All present voting “Aye”. MOTION PASSED


NO. 2 TO A PROFESSIONAL SERVICE AGREEMENT (PSA) WITH

DANNENBAUM ENGINEERING COMPANY - AUSTIN, LLC TO

PROVIDE CONSTRUCTION PHASE SERVICES, ON THE POSEY AT I-

35 PROJECT AS PART OF THE HAYS COUNTY/TXDOT

PARTNERSHIP PROGRAM

Commissioner Ingalsbe spoke. Additional funds will cover a new work authorization for construction phase services that will allow for the review of structural shop drawings and contractor requests for information related to the structural design. Construction has been initiated on this project by TxDOT. Previously allocated dollars for construction phase services were used for the redesign of the project three times per TxDot request. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute Supplemental No. 2 to a Professional Service Agreement (PSA) with Dannenbaum Engineering Company - Austin, LLC to provide construction phase services, on the Posey at I-35 project as part of the Hays County/TxDOT Partnership Program. All present voting “Aye”. MOTION PASSED

SUB-1205; REPLAT OF LOT 75, RESUBDIVISION OF RIVER OAKS RANCH, PHASE ONE

(2 LOTS). DISCUSSION AND POSSIBLE ACTION TO CONSIDER A VARIANCE FROM

TABLE 10-1 OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES,

ACCEPT FISCAL SURETY FOR CONSTRUCTION OF STREET AND DRAINAGE

IMPROVEMENTS IN THE AMOUNT OF $47,435.15 (CHECK # 1002), AND APPROVAL

OF FINAL PLAT; HOLD PUBLIC HEARING

Judge Becerra opened the public hearing. Lee Hicks and Janice Revault made public comment. Judge Becerra closed the public hearing. County Planner, Marcus Pacheco spoke. Resubdivision of River Oaks Ranch, Phase One is a recorded subdivision located off of Bell Springs Road in Precinct 4. Current Hays County minimum lot size requirements dictate that new lots in this area which are served by a Public Groundwater Supply System and Conventional On-site sewage facilities be at least 2.50 acres in size. The proposed Lot 75A will be a proposed 2.13 acres with an existing conventional septic system. Should the existing on-site sewage facility need to be replaced, it will be replaced by an advanced septic system. The owner's justification for the variance is provided in backup. The proposed re-plat will divide the 2.506 acre lots 75 into 2 lots, one of the lots will be served as ROW for a proposed road improvement. Water service will be provided by Monarch Water Utilities I and wastewater treatment will be accomplished by individual on-site sewage facilities. No Action Taken.

33669 SUB-1146. BOOKY T, REPLAT OF LOT 2 (2 LOTS) CALL FOR A

PUBLIC HEARING ON MARCH 26, 2019 TO DISCUSS FINAL PLAT


***** *****

OF THE REPLAT OF LOT 2, BOOKY T SUBDIVISION AND APPROVE

VARIANCE REQUEST

Booky T subdivision is a two lot subdivision located along Hwy 290 in precinct 4. The division of lot two would create 2 new lots. Lot 2B will be served by private well and Lot 2A will be served by rainwater collection. Both lots would have individual onsite sewage facilities. Variance paperwork attached in backup. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve SUB-1146. Booky T, Replat of Lot 2 (2 lots) to call for a public hearing on March 26, 2019 to discuss final plat of the replat of lot 2, Booky T Subdivision and approve variance request. All present voting “Aye”. MOTION PASSED

33670 SUB-1198; DRIFTWOOD VALLEY SUBDIVISION (26 LOTS).

DISCUSSION AND POSSIBLE ACTION TO CONSIDER GRANTING A

VARIANCE FROM CHAPTER 721.5.05 OF THE HAYS COUNTY

DEVELOPMENT REGULATIONS

County Planner, Marcus Pacheco spoke. The proposed Driftwood Valley Subdivision is a 26 lot subdivision across 165.62 acres located off of FM 150 in Precinct 4. Water service will be provided by Individual Water Wells and wastewater service will be provided by Individual On-Site Sewage Facilities. Section 721.5.05 of the Hays County Development Regulations states the following: "Flag lots shall not be permitted, except if approved by the Commissioners Court as consistent with the intent and spirit of these Regulations. The Department shall advise the Commissioners Court if a proposed Lot constitutes a "flag lot" and the Commissioners Court shall, in reviewing all the circumstances, make the final determination." The owner is requesting that the proposed lots 15 and 26 be allowed to utilize a flag lot configuration. Justification for the variance is included in backup. The final plat for the Driftwood Valley subdivision has been reviewed under the interlocal cooperation agreement with the City of Dripping Springs and the approval of the variance is required for final plat approval. A motion was made by Commissioner Smith, seconded by Commissioner Shell to granting a variance from Chapter 721.5.05 of the Hays County Development Regulations. All present voting “Aye”. MOTION PASSED

33671 ACTION TO CHANGE THE PUBLIC POSTING OF THE

COMMISSIONERS COURT AGENDA TO ALLOW CITIZENS MORE

TIME TO REVIEW THE AGENDA

Chief of Staff, Alex Villalobos spoke. Commissioner Jones, Commissioner Ingalsbe, Commissioner Shell, Commissioner Smith spoke. Marisol Villarreal-Alonzo, Hays County Auditor spoke. Transportation Director, Jerry Borcherding spoke. General Counsel, Mark Kennedy spoke. Judge Becerra spoke. In an effort to give the public time to prepare comments regarding an agenda item, public posting of an agenda should be at least 1 week/5 business days in advance, maintaining the 72 hour window open to allow time for adjustments. A motion was made by Commissioner Shell, seconded by Commissioner Smith to have the Office of General Counsel to develop a timeline for agenda posting and draft agenda posting and submit that to the court within two weeks. All present voting “Aye”. MOTION PASSED

33672 ADOPT A RESOLUTION, TO SUPPORT THE PASSAGE OF

LEGISLATION, INCLUDING AN AMENDMENT TO THE

CONSTITUTION OF THE STATE OF TEXAS THAT WOULD PROHIBIT

THE IMPOSITION OF UNFUNDED MANDATES ON TEXAS COUNTIES

County Clerk, Elaine Cárdenas read the resolution. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell and Commissioner Smith spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a resolution, to support the passage of legislation, including an amendment to the Constitution of the State of Texas that would prohibit the imposition of unfunded mandates on Texas Counties. All present voting “Aye”. MOTION PASSED

33673 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO

PURCHASE SUPPLIES FOR THE HAYS COUNTY HAZMAT

RESPONSE VEHICLE AND AMEND THE BUDGET ACCORDINGLY

The Hays County Hazmat Response Vehicle has responded to several incidents over the past two months and is in need of replacement consumable items. List of items used is attached. The OES office is requesting monies from the general fund to replace these items. Future expenses should be covered through the HazMat billing company, once the contract is executed. Potential Funding Source: County-wide contingencies 001-645-00.5399. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Office of Emergency Services to purchase supplies for the Hays County Hazmat response vehicle and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33674 APPROVE THE FORM OF AN INTERLOCAL AGREEMENT BETWEEN

HAYS COUNTY AND FIRE DEPARTMENTS THROUGHOUT THE

COUNTY TO PROTECT THE PUBLIC, PROPERTY OR THE


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ENVIRONMENT FROM THE ADVERSE EFFECTS OF RELEASED

HAZARDOUS MATERIALS (HAZMAT), CHEMICALS OR

SUBSTANCES; AND TO AUTHORIZE THE COUNTY JUDGE TO

EXECUTE SAID AGREEMENTS, GRANTED THAT NO SUBSTANTIVE

CHANGES ARE MADE BY THE FIRE DEPARTMENT

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve the form of an Interlocal Agreement between Hays County and Fire Departments throughout the county to protect the public, property or the environment from the adverse effects of released hazardous materials (HazMat), chemicals or substances; and to authorize the County Judge to execute said Agreements, granted that no substantive changes are made by the Fire Department. All present voting “Aye”. MOTION PASSED


WITH FIRST RESPONDERS SOLUTIONS LLC TO BILL FOR THE

HAZMAT INCIDENTS IN HAYS COUNTY

Through the utilization of First Responders Solutions LLC, local departments will have the ability to recover costs associated with HazMat incidents that occur throughout the county. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a contract with First Responders Solutions LLC to bill for the HazMat incidents in Hays County. All present voting “Aye”. MOTION PASSED

NEWLY FORMED CRIMINAL JUSTICE COMMISSION

Chief of Staff, Alex Villalobos, Commissioner Jones, Commissioner Smith, Commissioner Shell, Judge Becerra, Commissioner Ingalsbe and General Counsel, Mark Kennedy all spoke. The County Judge will open the discussion and give County Commissioners the opportunity to pick an individual to serve on a NEWLY FORMED criminal justice commission. The criminal justice commission will be tasked with helping prioritize suggestions/recommendations for criminal justice reform in Hays County and report periodic findings to the Commissioners Court. No Action Taken.



PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – was pulled EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS


REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH

PROJECT MAGIC MINT AND PROJECT BIG HAT. POSSIBLE ACTION MAY FOLLOW IN

OPEN COURT

Court convened into Executive session at 11:23 a.m. and reconvened into open court at 11:29 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Chief of Staff, Alex Villalobos and Legal Support Services Specialist, Janice Jones. No action taken.



WITH COUNSEL AND DELIBERATION REGARDING THE VALUE OF

RIGHT OF WAY ALONG AND INCLUDING LIME KILN ROAD IN PCT.3

& 4. POSSIBLE ACTION TO FOLLOW IN OPEN COURT

Court convened into Executive session at 11:29 a.m. and reconvened into open court at 11:34 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Chief of Staff, Alex Villalobos and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Smith, seconded by Commissioner Jones to accept the counteroffer, as presented in Executive Session, for acquisition of property from San Marcos Treatment Center related to the Lime Kiln Road project. All present voting “Aye”. MOTION PASSED

EXECUTIVE SESSION PURSUANT TO SECTION 557.071 OF THE TEXAS

GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING ADHERENCE TO

THE TEXAS OPEN MEETINGS ACT CH. 551 OF THE TEXAS GOVERNMENT CODE


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Court convened into Executive session at 11:34 a.m. and reconvened into open court at 11:51 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Chief of Staff, Alex Villalobos and Legal Support Services Specialist, Janice Jones. No action taken.



ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION.

Judge Becerra gave the update. Burn Ban will remain lifted.

Clerk’s Note Agenda Item #42 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW.

– was pulled Clerk’s Note Agenda Item #43 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO


– was pulled



Hays County’s current maximum jail capacity is 474 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 474 and peak was 482 on March 6

th for the week of March 3

to March 9, 2019. Estimated cost for outsourcing inmates this week as $ 51,569.00. The average number of outsourced males is147 and females are 5. This week’s inmates were housed in the following counties: Burnet, Caldwell, McLennan and Limestone. County Jail Trustee’s for the month of January 2019, the County Jail Trustee’s worked 4,555 hours at an average rate of $12.00 an hour for a savings of $54,666.00. Jobs performed by the trustees are kitchen, laundry, cleaning within the facility and special projects assigned. County Jail Trustee’s for the month of February 2019, the County Jail Trustee’s worked 4,711 hours at an average rate of $12.00 an hour for a savings of $56,535.00.

ADJOURNMENT A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to adjourn court at 12:02 p.m.






HAYS COUNTY, TEXAS


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STATE OF TEXAS *

COUNTY OF HAYS *



TO-WIT:






THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Michael gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Dan Lyon, resident of San Marcos, David Badal, resident of Wimberley, Constable Pct. 4 Ron Hood, Judge

Brenda K. Smith and Sam Brannon, resident of San Marcos, all made public comment.



Awards – Sheriff’s Office – Thomas Hackney, Juvenile Detention Center – Shavonda R. Hill, 10 – Year Service

Awards – Sheriff’s Office – Daisy Maria Trevino, Transportation – Martin Ubaldo, 15 – Year Service Awards –

Transportation – Alejandro Caldera, District Attorney – Benjamin T. Moore, and 20 – Year Service Awards –

Sheriff’s Office – Denise G. Lewis.

33677 ADOPT A PROCLAMATION DECLARING MARCH 24, 2019 AS

WORLD TB DAY

Eric Schneider, Epidemiologist of the Hays County Local Public Health Department spoke. To adopt a proclamation acknowledging March 24, 2019 as World TB Day. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a Proclamation declaring March 24, 2019 as World TB Day. All present voting “Aye”. MOTION PASSED

JUDGE BECERRA PRESENTS UPDATE ON COUNTYWIDE MAYORS MEETING TO

ATTEND A TEXAS PUBLIC OFFICIALS WORKSHOP ON EMERGENCY MANAGEMENT

Judge Becerra spoke and gave an update. On March 20, 2019, Hays County Judge Becerra invited the Mayors of Hays County to the Historic County Courthouse for a Texas Public Officials Workshop on Emergency Management. This provided a unique opportunity for Mayors and Emergency Management Coordinators from throughout Hays County to collaborate on current projects as well as discuss capabilities throughout the county. In doing so, we are making best use of the resources throughout Hays County to better protect our Citizens.






CLAIMS


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A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of Humana claims in the amount of $23,509.39 and United Healthcare claims in the amount of $74,258.68, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of March 12, 2019 as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

33682 APPROVE THE PAYMENT OF THE MARCH 31, 2019 PAYROLL


EFFECTIVE MARCH 29, 2019 AND POST TOTALS FOR WAGES,



A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of the March 31, 2019 payroll disbursements in an amount not to exceed $3,560,000.00 effective March 29, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

33683 APPROVE CANCELLATION OF COMMISSIONERS COURT ON JUNE

11, 2019

For the 2nd quarter of 2019, a quorum is expected at all commissioners courts except for June 11 due to the South Texas Judges and Commissioner Conference. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve cancellation of Commissioners Court on June 11, 2019. All present voting “Aye”. MOTION PASSED


COUNTY ROAD 202, KYLE, TEXAS 78640

Lenn King is proposing an OSSF to serve a business park with 18 office/warehouse buildings east of Kyle. This property is 10 acres in size and water will be supplied by public water system. The system designer, Russell Cain, R.S. has designed a treatment system which consists of standard treatment tanks with pump tanks and effluent meters at each building which will dose to a central pump tank, which will then dose the effluent to a low pressure dosed drainfield at a daily usage rate of 1318 gallons. This permit was originally authorized in February 2015 but the owner couldn't start on it before it expired. It was re-authorized in April 2017, but the project is not yet complete. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize Commercial On-site Sewage Facility at 295 County Road 202, Kyle, Texas 78640. All present voting “Aye”. MOTION PASSED

33685 AUTHORIZE PAYMENT TO AMTEX SCALE FOR THE DPS LICENSE

& WEIGHT DIVISION IN WHICH NO PURCHASE ORDER WAS


The DPS L&W Division operates the weigh station located on the south bound frontage road in Hays County. The division failed to obtain the required purchase order prior to having the annual required scale calibration performed. Funds are available within their operating budget to cover this expenditure. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize payment to Amtex Scale for the DPS License & Weight Division in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33686 APPROVE OUT OF STATE TRAVEL FOR JUSTIN MCINNIS TO

ATTEND THE NATIONAL SECURITY AND PUBLIC SAFETY SUMMIT -

ESRI USER CONFERENCE IN SAN DIEGO, CA ON JULY 6-10, 2019

Dan Lyon, resident of San Marcos, made public comment. Justin McInnis, Asst. Emergency Management Coordinator spoke. The Emergency Services Director is requesting approval for Justin McInnis to attend the National Security and Public Safety Summit at the ESRI User Conference in San Diego, CA on July 6-9, 2019 (travel dates July 5 to July 10, 2019). This conference provides public safety personnel with the unique opportunity to learn and experience new GIS techniques and tools that can be implemented at the local level to help prepare for, respond to and recover from emergencies to include natural and manmade. Registration cost are $475 before May 24th, starting May 25 cost will be $550; estimated airfare $350, estimated per diem $215,


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estimated hotel/Airbnb costs $1,000. Through research Airbnb is proving to be the more costefficient lodging for that area, however payment may be due in advance at the time of registration. The OES Director requests the courts approval to pre-pay for the hotel accommodations if required. Total estimated cost of the trip is $2,040, dependent on pricing at time of booking. Funds were budgeted during the FY19 budget process to cover all cost associated with this conference. A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve out of state travel for Justin McInnis to attend the National Security and Public Safety Summit - ESRI User Conference in San Diego, CA on July 6-10, 2019. All present voting “Aye”. MOTION PASSED

33687 APPROVE OUT OF STATE TRAVEL FOR LIEUTENANT MIKE

MALLOW, LEAD EMERGENCY COMMUNICATIONS OFFICER MEGAN

JONES, AND EMERGENCY COMMUNICATIONS OFFICER STACY

JOHNSTON TO ATTEND THE NAVIGATOR'S CONFERENCE ON

APRIL 24-26, 2019 IN NATIONAL HARBOR, MARYLAND

Dan Lyon, resident of San Marcos, made public comment. Commissioner Jones spoke. Out of state travel is needed to send Lt. Mike Mallow, Lead ECO Megan Jones and ECO Stacy Johnston to the Navigator's Conference on April 24-26, 2019 in National Harbor, Maryland. The conference attendees will be able to learn about the latest tools and technology related to Police, Fire and Medical Dispatch. This training will also allow S.O. Emergency Communication staff to learn from seasoned professionals in their field. Capital Area Council of Governments (CAPCOG) and Priority Dispatch have agreed to cover the expenses of registration, hotel fees, and airfare for all three attendees. Funding of $700.00 for per diem and a rental car is allotted in the Sheriff's Office Continuing Ed g/l. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve out of state travel for Lieutenant Mike Mallow, Lead Emergency Communications Officer Megan Jones, and Emergency Communications Officer Stacy Johnston to attend the Navigator's Conference on April 24-26, 2019 in National Harbor, Maryland. All present voting “Aye”. MOTION PASSED


NO. 1 FOR M&S ENGINEERING, LLC ON THE LOW WATER

CROSSINGS AT BEAR CREEK PASS AND SYCAMORE CREEK ROAD

A HAYS COUNTY 2016 ROAD BOND DRAINAGE AND LOW WATER

CROSSING IMPROVEMENTS PROJECT

A change order requesting additional performance days under the contract for the Precinct 4 Low Water Crossings at Bear Creek Pass and Sycamore Creek Road a Drainage and Low Water Crossing Improvements Project: to extend the contract termination date to accommodate geotechnical investigations to support development of schematic design. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to authorize the County Judge to execute Change Order No. 1 for M&S Engineering, LLC on the Low Water Crossings at Bear Creek Pass and Sycamore Creek Road a Hays County 2016 Road Bond Drainage and Low Water Crossing Improvements Project. All present voting “Aye”. MOTION PASSED

33689 APPROVE THE TRANSFER OF A RICOH MP3353SP PRINTER AND

COPIER FROM THE HAYS COUNTY PERSONAL HEALTH

DEPARTMENT TO THE HAYS COUNTY PCT. 1 CONSTABLES

OFFICE

Authorize PEC and CT Electric to run power lines onto the Gay Ruby Dahlstrom Preserve, through the requested PEC utility easement, in order to provide electricity to the Preserve Visitor Center. PEC will be the utility provider. Attachments: PEC Utility Easement Utility Easement Survey Budget Amendment: Decrease Contract Services .5448 Increase Construction Capital .5611_700. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to approve the transfer of a Ricoh MP3353SP Printer and Copier from the Hays County Personal Health Department to the Hays County Pct. 1 Constables Office. All present voting “Aye”. MOTION PASSED

33690 AUTHORIZE THE INSTALLATION AND ESTABLISHMENT OF

ELECTRIC UTILITIES BY PEC AND CT ELECTRIC ON THE GAY

RUBY DAHLSTROM PRESERVE

County Auditor, Marisol Villarreal – Alonzo spoke. A motion was made by Commissioner Smith, seconded by Commissioner Inglasbe to authorize the installation and establishment of electric utilities by PEC and CT Electric on the Gay Ruby Dahlstrom Preserve and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


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121 ELLA LANE, DRIPPING SPRINGS, TX

Ange Tyson, LLC is proposing an On-Site Sewage System to serve 12 efficiency cabins and an existing 3 bedroom residence. The cabins are short-term rentals. This 4.9218-acre tract of land is not in a subdivision and will be served by a private well. The system designer, Dan Balboa, R.S., has designed a proprietary treatment plant with flow equalization. After treatment, the effluent will be dispersed through low pressure dosed lines for a maximum daily rate of 1440 gallons. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to authorize Commercial On-Site Sewage Facility Permit at 121 Ella Lane, Dripping Springs, TX. All present voting “Aye”. MOTION PASSED


380 WAYSIDE DRIVE, WIMBERLEY, TX

Green Acres Cottages , LLC is proposing an On-Site Sewage System to serve 8 - 280 square foot short term rental cabins. This 2.00-acre parcel of land is Lot 16B in the Green Acres subdivision and will be served by a public water supply. The system designer, Kyle DeHart, R.S., has designed a standard treatment system. After treatment, the effluent will be dispersed through low pressure pipe for a maximum daily rate of 600 gallons. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to authorize Commercial On-Site Sewage Facility Permit at 380 Wayside Drive, Wimberley, TX. All present voting “Aye”. MOTION PASSED

33693 AUTHORIZE PAYMENT TO AMG PRINTING FOR THE COUNTY

COURT AT LAW OFFICE IN WHICH NO PURCHASE ORDER WAS


The CCL Office ordered letterhead envelopes for daily operations and failed to obtain the purchase order prior to having the work completed. Funds are available within their operating budget to cover this expenditure. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize payment to AMG Printing for the County Court at Law Office in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

AUTHORIZE THE COUNTYWIDE OPERATIONS DEPARTMENT AND GRANTS

DEPARTMENT TO EXCHANGE OFFICE SPACES WITHIN THE HAYS COUNTY

GOVERNMENT CENTER WITH THE RECORDS MANAGEMENT OFFICE

Commissioner Ingalsbe, Director of Countywide Operations, Tammy Crumley and Commissioner Shell spoke. The Countywide Operations Department and the Grants Department are in need of office space that will accommodate their needs in one area. The department is currently occupying two (2) offices at the Courthouse and one office at the Government Center. The office space in the Government Center currently occupied by Records Management will accommodate the needs of Countywide Operations. Records Management will be able to relocate into the Countywide Operations office in the Government Center to accommodate their needs. No Action Taken.

33694 EXECUTE AN ADVANCE FUNDING AGREEMENT BETWEEN HAYS

COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION

(TXDOT) RELATED TO THE FM 110 AT SH 123 OVERPASS

PROJECT

Commissioner Ingalsbe, Transportation Director, Jerry Borcherding nad Commissioner Shell spoke. The FM 110 at SH 123 overpass project is an element of the Hays County 2016 Road Bond Program and an element of the overall FM 110 TxDOT-Hays County Partnership Program project. The overpass project has been included in the Capital Area Metropolitan Planning Organization (CAMPO) FY 2019 to FY 2022 Transportation Improvement Program and has been awarded $5,217,000.00 in Federal construction funding. Hays County has moved forward with design of the project, and environmental clearance, right-of-way acquisition and utility relocation has been accomplished as part of the overall FM 110 project. The Advance Funding Agreement would memorialize the roles and responsibilities of TxDOT and Hays County and is required for the project to receive Federal construction funding. TxDOT would contribute a total of $6,024,496.00 in State and Federal funds, which includes construction funding and direct State costs, and Hays County would contribute a total of $2,600,000.00 which includes construction engineering and local share match. The project is estimated to be let for construction by TxDOT in early 2020. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to execute an Advance Funding Agreement between Hays County and the Texas Department of Transportation (TxDOT) related to the FM 110 at SH 123 Overpass project. All present voting “Aye”. MOTION PASSED


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Clerk’s Note Agenda Item #22 RE: DISCUSSION AND POSSIBLE ACTION AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH CP&Y, INC FOR CORRIDOR PRESERVATION STUDY SERVICES ON THE SH 21 CORRIDOR IMPROVEMENTS PROJECT FROM US 183 TO THE EXISTING 5-LANE SECTION IN SAN MARCOS AS PART OF THE HAYS COUNTY

2016 ROAD BOND PROGRAM. – was pulled

33695 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET

AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF

$2,993,233.65 FOR HEADWATERS AT BARTON CREEK, PHASE 2

AND PHASE 4, SECTION 1 (BOND # PB03010405877)

Commissioner Smith spoke. The final plats for the Headwaters at Barton Creek Phase 2 and Phase 4, Section 1, have been reviewed under the interlocal cooperation agreement with the City of Dripping Springs and has been approved by County staff. While the plat has been approved administratively, formal acceptance of fiscal surety is required by Commissioners Court action. A motion was made by Commissioner Smith, seconded by Commissioner Shell to accept fiscal surety for the construction of street and drainage improvements in the amount of $2,993,233.65 for Headwaters at Barton Creek, Phase 2 and Phase 4, Section 1 (Bond # PB03010405877). All present voting “Aye”. MOTION PASSED

33696 SELECT PAPE-DAWSON FOR PERFORMANCE OF A FEASIBILITY

STUDY ON CENTERPOINT ROAD IN PRECINCT 1; AND AUTHORIZE

STAFF AND COUNSEL TO NEGOTIATE A CONTRACT TO BE

BROUGHT TO COURT FOR APPROVAL

Commissioner Ingalsbe spoke. Transportation Director, Jerry Borcherding spoke. A feasibility study is needed to make some road improvements and to move utilities. More information about this project will be provided in Court. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to select Pape-Dawson for performance of a feasibility study on Centerpoint Road in Precinct 1; and authorize staff and counsel to negotiate a contract to be brought to Court for approval. All present voting “Aye”. MOTION PASSED

33697 SUB-1146. HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO

APPROVE THE REPLAT OF LOT 2 (2 LOTS), BOOKY T SUBDIVISION

AND APPROVE VARIANCE REQUEST

Judge Becerra opened the public hearing. No public input was received. Judge Becerra closed the public hearing. Director of Development Services, Caitlyn Strickland spoke. Commissioner Smith spoke. Booky T subdivision is a two lot subdivision located along Hwy 290 in precinct 4. The division of lot two would create 2 new lots. Lot 2B will be served by private well and Lot 2A will be served by rainwater collection. Both lots would have individual onsite sewage facilities. Variance paperwork attached in backup. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to approve the replat of SUB-1146. Hold a Public Hearing lot 2 (2 lots), Booky T Subdivision and approve variance request. All present voting “Aye”. MOTION PASSED

33698 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PHASING

AGREEMENT WITH CONTINENTAL HOMES OF TEXAS, L.P. FOR

THE TRAILS AT WINDY HILL SUBDIVISION LOCATED OFF OF

WINDY HILL ROAD IN PRECINCT 2

County Planner, Marcus Pacheco spoke. The Trails at Windy Hill Subdivision is an approximately 1,025 residential lot planned development located in Precinct 2. The developer anticipates a 10 year build out for the 5 phases currently planned. The execution of this agreement will ensure the project is allowed to move forward with current development regulations and fees while allowing Hays County to adopt reasonable timelines for approvals for all final phases. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Phasing Agreement with Continental Homes of Texas, L.P. for the Trails at Windy Hill Subdivision located off of Windy Hill Road in Precinct 2. All present voting “Aye”. MOTION PASSED

33699 AUTHORIZE THE REJECTION OF BIDS FROM MARTIN MARIETTA

RELATED TO IFB 2019-B02; AND TO FIND THAT MARTIN

MARIETTA CANNOT BE QUALIFIED AS "LOWEST RESPONSIBLE

BIDDER" FOR THIS PARTICULAR INVITATION FOR BIDS

General Counsel, Mark Kennedy spoke. Commissioner Shell spoke. Purchasing Manager, Purchasing Manager, Roxie McInnis spoke. A motion was made by Commissioner Jones, seconded by Commissioner


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Ingalsbe to authorize the rejection of bids from Martin Marietta related to IFB 2019-B02; and to find that Martin Marietta cannot be qualified as "lowest responsible bidder" for this particular Invitation for Bids. All present voting “Aye”. MOTION PASSED

33700 AWARD CONTRACTS FOR IFB 2019-B02 ROAD BUILDING

MATERIALS - GENERAL ROAD CONSTRUCTION TO COLORADO

MATERIALS, LTD., INDUSTRIAL ASPHALT, LLC, GREEN DREAM

INTERNATIONAL, LLC, AND BRAUNTEX MATERIALS, INC

Purchasing received five responsive bids pursuant to IFB 2019-B02 Road Building Materials - General Road Construction. Awards are recommended according to the table below where the named vendor shall be the primary award recipient for the items listed. The County reserves the right to purchase materials from another supplier if the awarded vendor cannot fill an order when needed. The new contract pricing for these items represents annual savings of approximately 8% over previously awarded contracts. Vendor: Colorado Materials, Ltd. Items Awarded: B02.1, B02.5, B02.6, B02.10; Vendor: Green Dream International, LLC Items Awarded: B02.8, B02.9; Vendor: Industrial Asphalt, LLC, Items Awarded: B02.2,B02.3,B02.4; Vendor: Brauntex Materials, Inc. Items Awarded: B02.7 Attached: IFB 2019-B02 Road Building Materials - General Road Construction Bid Tabulation. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to award contracts for IFB 2019-B02 Road Building Materials - General Road Construction to Colorado Materials, Ltd., Industrial Asphalt, LLC, Green Dream International, LLC, and Brauntex Materials, Inc. All present voting “Aye”. MOTION PASSED

33701 ACCEPT THE FISCAL YEAR 2018 HAYS COUNTY COMPREHENSIVE

ANNUAL FINANCIAL REPORT (CAFR) AS AUDITED BY ABIP, PC

CERTIFIED PUBLIC ACCOUNTANTS

County Auditor, Marisol Villarreal – Alonzo spoke. Jeremy Barbatto, CPA Manager of ABIP, P.C., spoke. Commissioner Shell spoke. A representative of ABIP, PC will be present to discuss the report and to answer any related questions. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the Fiscal Year 2018 Hays County Comprehensive Annual Financial Report (CAFR) as audited by ABIP, PC Certified Public Accountants. All present voting “Aye”. MOTION PASSED

33702 REVIEW AND APPROVE A PRELIMINARY HAYS COUNTY BUDGET

CALENDAR FOR FISCAL YEAR 2020

Assistant County Auditor, Vickie Dorsett spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve a preliminary Hays County budget calendar for Fiscal Year 2020. All present voting “Aye”. MOTION PASSED

33703 AUTHORIZE THE EXECUTION OF AN EQUIPMENT SUPPORT

RENEWAL AGREEMENT WITH FRONTBLADE SYSTEMS RELATED

TO ANNUAL FUJITSU SCANNER MAINTENANCE AND AMEND THE

BUDGET ACCORDINGLY

IT Director, Jeff McGill spoke. The IT Department handles the support agreements for all county purchased scanners. They obtained three quotes, with FrontBlade Systems being the lowest vendor. Funds were budgeted during the FY19 budget process for this service and will need to be amended to the correct general ledger line item. Budget Amendment: Increase Equipment Maintenance Decrease Software Maintenance Attachment: FrontBlade Fujitsu Support Renewal Agreement. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the execution of an Equipment Support Renewal Agreement with FrontBlade Systems related to annual Fujitsu Scanner maintenance and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND THE

CITY OF UHLAND FOR SUBDIVISION REGULATION WITHIN THE

EXTRATERRITORIAL JURISDICTION OF THE CITY OF UHLAND

Commissioner Jones spoke. The attached "1445" Agreement is proposed to replace the Agreement that was terminated by the City of Uhland in 2018. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute an Interlocal Cooperation Agreement Between Hays County and the City of Uhland for Subdivision Regulation within the Extraterritorial Jurisdiction of the City of Uhland. All present voting “Aye”. MOTION PASSED


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33705 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A TRI-PARTY

AGREEMENT BETWEEN HAYS COUNTY, THE CITY OF UHLAND,

AND WALTON TEXAS, LP RELATED TO REGULATION AND

APPROVAL OF THE CALDWELL VALLEY SUBDIVISION

County staff negotiated the attached Tri-Party Agreement in 2018, which has now been approved by Uhland City Council. Walton representatives have asked that the County now consider its approval. The agreement simply establishes a "pecking order" for the regulations that will apply to this particular subdivision, which is the subject of a Development Agreement between Walton and the City of Uhland. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Tri-Party Agreement Between Hays County, the City of Uhland, and Walton Texas, LP related to regulation and approval of the Caldwell Valley Subdivision. All present voting “Aye”. MOTION PASSED

33706 ADOPT A RESOLUTION GRANTING AN EXEMPTION TO THE

COMPETITIVE BID PROCESS FOR THE PURCHASE OF FOOD

ITEMS BY THE SHERIFF'S OFFICE AS AUTHORIZED BY SECTION

262.024 (A)(8) TEXAS LOCAL GOVERNMENT CODE AND

AUTHORIZING THE SHERIFF'S OFFICE TO SOLICIT INFORMAL

BIDS AT ONE (1) MONTH INTERVALS AS AUTHORIZED BY SECTION

262.024(D) TEXAS LOCAL GOVERNMENT CODE; AND TO APPROVE

THE FORM FOR RECORDING INFORMAL BIDS

Captain, Julie Villalpando spoke. Currently all food vendors utilized by the Sheriff's Office are members of state or cooperative purchasing programs, which relieves S.O. staff from having to formally procure the purchase of food items. However, other local food vendors are not members of a coop, which means that they would need to be engaged in compliance with TX Local Gov.Code, Chapter 262. Although sequential purchases of less than $50,000 might add up to more than $50,000 in a single fiscal year, Counsel has opined that TX Local Gov. Code 262.023 still would not be violated if there is no intent to circumvent the Act at the time of the sequential purchase. Nonetheless, the more efficient way to utilize local vendors and work within the parameters set by TX Local Gov. Code, Chapter 262 is to have the Commissioners Court grant an exemption from bidding under Section 262.024(a)(8) and, pursuant to Section 262.024(d), direct the Sheriff's Office to obtain quotes on a monthly basis (or more frequently as needed) to ensure food items are being purchased from the vendor whose pricing is currently lowest for that type of food item. Additionally, the SO may continue to use vendors that are members of state or cooperative purchasing programs as needed and in the event that menu changes are required. Attachments: Resolution Exempting Food Items Food Purchase Quotation Form. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to adopt a Resolution granting an exemption to the competitive bid process for the purchase of food items by the Sheriff's Office as authorized by Section 262.024 (a)(8) Texas Local Government Code and authorizing the Sheriff's Office to solicit informal bids at one (1) month intervals as authorized by Section 262.024(d) Texas Local Government Code; and to approve the form for recording informal bids. All present voting “Aye”. MOTION PASSED

33707 AMEND THE AGENDA GUIDELINES FOR THE HAYS COUNTY

COMMISSIONERS COURT, LAST AMENDED ON OR ABOUT MAY 22,

2007

General Counsel, Mark Kennedy spoke. During the March 12, 2019 agenda, the Commissioners Court discussed augmenting the Agenda Guidelines to provide for early publication of a "draft agenda". At that meeting, General Counsel was asked to bring Amended Guidelines that reflected this change. The attached guidelines are meant to fulfill that purpose. A motion was made by Commissioner Smith, seconded by Commissioner Shell to amend the Agenda Guidelines for the Hays County Commissioners Court, last amended on or about May 22, 2007. All present voting “Aye”. MOTION PASSED

33708 AUTHORIZE THE EXECUTION OF A FACILITIES USE AGREEMENT

WITH SAN MARCOS ACADEMY FOR THE BASIC PEACE OFFICER

GRADUATION

Captain, Mark Cumberland spoke. The Sheriff's Office is requesting the approval of a Facilities Use Agreement with San Marcos Academy to hold the Basic Peace Officer graduation on Thursday, April 4, 2019. The facility is free of charge, however there is an Audio Visual Technician Fee of $150.00. Funds are available in the Sheriff's Operating budget for this expense. Attachment: Facilities Use Agreement. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the execution of a Facilities Use Agreement with San Marcos Academy for the Basic Peace Officer graduation. All present voting “Aye”. MOTION PASSED


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33709 RATIFY THE SUBMISSION OF A GRANT APPLICATION TO THE

HEALTH AND HUMAN SERVICES COMMISSION (HHSC) FOR A

MENTAL HEALTH COORDINATOR IN THE AMOUNT OF $48,120.00

Veterans Service Director, Jude Prather spoke. The Health and Human Services Commission, Texas Veterans + Family Alliance Grant Program funding will be used to assist the Veteran Services Office in obtaining a Mental Health Coordinator position to assist veterans and/or their family members. As per the grant application it is required that we provide a 50% match of $24,060. This grant was submitted on March 19th, 2019 by hand delivery. The grant period will be over a 24-month span set to begin on September 1, 2019 through August 31, 2021. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to ratify the submission of a grant application to the Health and Human Services Commission (HHSC) for a Mental Health Coordinator in the amount of $48,120.00. All present voting “Aye”. MOTION PASSED

33710 ACCEPT THE RESIGNATION OF GREG NESBIT FROM THE BOARD

OF DIRECTORS OF THE HAYS TRINITY GROUNDWATER

CONSERVATION DISTRICT AND, PURSUANT TO SECTION 8843.055

OF THE TEXAS SPECIAL DISTRICT AND LOCAL LAWS CODE, TO

APPOINT COLT CLEMENTS TO SERVE THE REMAINDER OF THE

TERM, EFFECTIVE IMMEDIATELY

Commissioner Smith spoke. A motion was made by Commissioner Smith, seconded by Commissioner

Ingalsbe to accept the resignation of Greg Nesbit from the Board of Directors of the Hays Trinity Groundwater Conservation District and, pursuant to Section 8843.055 of the Texas Special District and Local Laws Code, to appoint Colt Clements to serve the remainder of the term, effective immediately. All present voting “Aye”. MOTION PASSED



REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG

PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 12:55 p.m. and reconvened into open court at 12:59 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, and Legal Support Services Specialist, Janice Jones. No Action Taken.



WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC

DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT

MAGIC MINT AND PROJECT BIG HAT. POSSIBLE ACTION MAY

FOLLOW IN OPEN COURT

Court convened into Executive session at 12:12 p.m. and reconvened into open court at 12:27 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, GSMP, Christian Duran, City of Kyle Director of Economic Development, Diana Blank – Torres and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a Chapter 381 Economic Development Agreement between Hays County and ENF (Kyle) Technology, L.L.C., as presented in executive session. All present voting “Aye”. MOTION PASSED





OPEN COURT

Court convened into Executive session at 10:34 a.m. and reconvened into open court at 12:12 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Braun & Gresham, PLLC, David Braun, Law Office of Max Renea Hicks, Renea Hicks, John Scott, and Legal Support Specialist, Janice Jones. Court convened into Executive session at 12:27 p.m. and reconvened into open court at 12:55 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell and Legal Support Services Specialist, Janice Jones. A motion was


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made by Commissioner Shell, seconded by Commissioner Smith to authorize General Counsel to execute a joint defense agreement on behalf of Hays County, related to the Kinder Morgan Texas Pipeline Permian Highway Project with the intent of joining of filing suit against Kinder Morgan or other parties. All present voting “Aye”. MOTION PASSED A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the designation of Commissioner Smith, Commissioner Shell and General Counsel to represent the County in discussions with the parties of the previously approved joint defense agreement related to the Kinder Morgan Texas Pipeline Periman Highway Project. All present voting “Aye”. MOTION PASSED




Clerk’s Note Agenda Item #43 RE: ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – was pulled Clerk’s Note Agenda Item #44 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – was pulled Clerk’s Note Agenda Item #45 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – was pulled Clerk’s Note Agenda Item #46 RE: DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. – was pulled

ADJOURNMENT A motion was made by Commissioner Smith to adjourn court at 1:03 p.m.






HAYS COUNTY, TEXAS


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STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 2ND DAY OF APRIL A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

RUBEN BECERRA COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1

MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4


THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Lora Hardway of the Resurrection Life Church gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Sam Brannon, resident of San Marcos, Dan Lyon, resident of San Marcos made public comment.

REMEMBRANCE OF PHILLIP TAYLOR AND RECOGNITION OF HIS SERVICE TO HAYS COUNTY

Commissioner Shell, Commissioner Jones, Captain, Mark Cumberland, Commissioner Ingalsbe, Commissioner Jones, Assistant Emergency Management Director, Justin McInnis, Sheriff, Gary Cutler, Commissioner Smith and Director of Emergency Management, Kharley Smith spoke.

33713 ADOPT A PROCLAMATION DECLARING APRIL 2019 AS SEXUAL ASSAULT AWARENESS & PREVENTION MONTH

Hays- Caldwell Women’s Center, Director of Community Partnerships, Melissa G. Rodriguez spoke. Hays Caldwell Women's Center will accept the proclamation making April 2019 Sexual Assault Awareness & Prevention Month. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a proclamation declaring April 2019 as Sexual Assault Awareness & Prevention Month. All present voting “Aye”. MOTION PASSED

33714 ADOPT A PROCLAMATION DECLARING APRIL 2019 AS CHILD ABUSE & PREVENTION MONTH

Hays County Child Protective Board representative, Esperanza Orosco spoke. Hays Caldwell Women's Center will accept the proclamation making April 2019 Child Abuse Awareness & Prevention Month. A motion was made by Commissioner Inglasbe, seconded by Commissioner Shell to adopt a proclamation declaring April 2019 as Child Abuse & Prevention Month. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve payments of County invoices in the amount of $2,099,377.64, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve payments of Juror checks in the amount of $7,008.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve the payment United Healthcare claims in the amount of $425,797.76, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


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A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve Commissioners Court Minutes of March 26, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

33719 APPROVE OUT OF STATE TRAVEL TO FLORIDA IN AUGUST FOR THE ELECTION ADMINISTRATOR TO ATTEND HER GRADUATION FROM THE NATIONAL ELECTION CENTER CERA PROGRAM

Dan Lyon, resident of San Marcos, made public comment. Elections Administrator, Jenifer Anderson spoke. This item is just approval to travel out of state. The expenses for this travel will be paid from the Chapter 19 funds allotted by the Secretary of State for continuing education. For the past two years the Election Administrator has been attending classes to complete this distinguished program for national certification with the Certified Election/Registration Administrator curriculum offered through partnership with the National Election Center and Auburn University. This August 2019, she will graduate from the program at the National Conference in Orlando, Florida. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve out of state travel to Florida in August for the Election Administrator to attend her graduation from the National Election Center CERA Program. All present voting “Aye”. MOTION PASSED

33720 AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADDITIONAL SERVICES NO.11 FROM HOK FOR WORK RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND PROJECT

HOK Additional Services Request #11 for redesign of the UPS system per CAPCOG requests communicated in May 2018. After design changes were made and upon review of additional costs, CAPCOG has approved the original design resulting in additional revision of the engineering drawings to revise back to the original design. Ultimately, CAPCOG's approval of the original design will save the county approximately $300,000. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute Additional Services No.11 from HOK for work related to the Hays County Public Safety Bond project. All present voting “Aye”. MOTION PASSED


Permit #: 1132, 1133, 1134 Road Name: 4651 Fischer Store Rd., 500 Deer Creek Circle, 1203 Rutherford Dr. Utility Company: (PEC), (Deer Creek Water Co.), (Murfee Engineering Co.). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve Utility Permits # 1132, located on 4651 Fischer Store Rd. issued to PEC, Permit # 1133, located on 500 Deer Creek Circle, issued to Deer Creek Water Co. and Permit # 1134 located on 1203 Rutherford Dr., issued to Murfee Engineering Co., as submitted by the Transportation Director. All present voting “Aye”. MOTION PASSED

33722 AUTHORIZE PAYMENT TO AVATT SERVICES INC. WHERE NO PURCHASE ORDER WAS IN PLACE AS PER THE COUNTY PURCHASING POLICY

The jail's maintenance department requested service from Avatt Services Inc. for AC repairs where no purchase order was obtained as per the county policy. The maintenance department is requesting court approval for payment of $542.80; funds are available in the jail budget. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize payment to Avatt Services Inc. where no purchase order was in place as per the County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33723 APPROVE THE TRANSFER OF A 2009 HONDA ST1300 MOTORCYCLE FROM THE SHERIFF'S OFFICE TO CONSTABLE PCT. 2

Commissioner Jones spoke. The Sheriff's Office is seeking approval to transfer the following asset from the Sheriff's Office Inventory to Constable Pct. 2. 2009 Honda ST1300 Motorcycle VIN: JH2SC51779K600094 County Tag Number: 16473 NWS Asset ID: 13929. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the transfer of a 2009 Honda ST1300 Motorcycle from the Sheriff's Office to Constable Pct. 2. All present voting “Aye”. MOTION PASSED


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33724 AUTHORIZE PAYMENT TO CUMMINS ALLISON FOR THE TAX OFFICE RELATED TO CURRENCY COUNTER REPAIRS WHERE NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize payment to Cummins Allison for the Tax Office related to currency counter repairs where no purchase order was issued as required per county purchasing policy. All present voting “Aye”. MOTION PASSED

33725 APPROVE SPECIFICATIONS FOR RFQ 2019-P04 BOND UNDERWRITING SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE

This RFQ is to solicit proposals for bond underwriting services. The County intends to form pools of pre-qualified firms for these services for both County-issued bond sales as well as the sale of public improvement district revenue bonds. Attached: RFQ 2019-P04 Bond Underwriting Services. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve specifications for RFQ 2019-P04 Bond Underwriting Services and authorize Purchasing to solicit for proposals and advertise. All present voting “Aye”. MOTION PASSED

33726 APPROVE THE REAPPOINTMENT OF MIKE FIGER TO THE BOARD OF DIRECTORS FOR THE DRIPPING SPRINGS TAX INCREMENT REINVESTMENT ZONES NO. 1 AND NO. 2; A TWO YEAR TERM ENDING ON APRIL 11, 2021

County Judge, Ruben Becerra spoke. Hays County entered into an Interlocal Agreement with the City of Dripping Springs on March 21, 2017 related to Dripping Springs Tax Increment Reinvestment Zone (TIRZ) No. 1 and TIRZ No. 2. Per the creating documents for both reinvestment zones, Hays County is provided with two appointments to each TIRZ Board. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve the reappointment of Mike Figer to the Board of Directors for the Dripping Springs Tax Increment Reinvestment Zones No. 1 and No. 2; a two year term ending on April 11, 2021. All present voting “Aye”. MOTION PASSED

33727 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT RENEWAL WITH THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE EMERGING AND ACUTE INFECTIOUS DISEASE PROGRAM (IDCU/SUR) IN THE AMOUNT OF $165,000

On February 5, 2019 the Commissioners' Court authorized submission of a grant contract renewal proposal with the Department of State Health Services (DSHS) for the Emerging and Acute Infectious Disease Program (IDCU/SUR). Funds will be used to perform surveillance and epidemiology activities for all notifiable conditions with an emphasis on conditions reported through the National Electronic Disease Surveillance System (NEDSS). Renewal grant awards are budgeted annually during the budget process. Grant Contract Number: HHS000436300015 Grant Period: September 1, 2019 - August 31, 2021 Attachment: DSHS IDCU Sureb Contract. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to Authorize the County Judge to execute a contract renewal with the Department of State Health Services (DSHS) for the Emerging and Acute Infectious Disease Program (IDCU/SUR) in the amount of $165,000. All present voting “Aye”. MOTION PASSED

33728 RELEASE OF THE MAINTENANCE BOND #75139745 IN THE AMOUNT OF $37,823.85, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR BELTERRA SUBDIVISION, PHASE 4, SECTION 15

Commissioner Smith spoke. Transportation Director, Jerry Borcherding spoke and gave staff recommendation. Staff recommends acceptance of the roads into the county road maintenance system. The roads include: a segment of Mendocino Lane (2,149 ft.) and Lavaca Heights Drive (933 ft.). A motion was made by Commissioner Smith, seconded by Commissioner Shell to release of the maintenance bond #75139745 in the amount of $37,823.85, and the acceptance of roads into the county road maintenance system for Belterra subdivision, Phase 4, Section 15. All present voting “Aye”. MOTION PASSED

33729 APPROVE A RESOLUTION SUPPORTING THE CONSTRUCTION OF FM 110 FROM STATE HIGHWAY 123 TO I-35 AT YARRINGTON ROAD, INCLUDING THE THREE (3) SEGMENTS OF FM 110,


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NAMELY FM 110 FROM SH 123 TO FM 621 (“FM SOUTH”); FM 110 FROM FM 621 TO SH 80 (“FM 110 MIDDLE”), AND FM 110 FROM SH 80 TO I-35 AT YARRINGTON ROAD (“FM 110 NORTH”)

Commissioner Ingalsbe and General Counsel, Mark Kennedy spoke. On July 9, 2014, the Texas Department of Transportation (TxDOT) and Hays County entered into an Advance Funding Agreement which laid out the roles and responsibilities of each entity in the development and construction of FM 110 from State Highway 123 to I-35 at Yarrington Road. Currently, FM 110 from SH 123 to FM 621 ("FM South") is on the TxDOT construction letting schedule for July 2019. New TxDOT construction letting requirements necessitate that the entities in which a project is located formally take action to support the construction of the project. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell/Smith to approve a resolution supporting the construction of FM 110 from State Highway 123 to I-35 at Yarrington Road, including the three (3) segments of FM 110, namely FM 110 from SH 123 to FM 621 (“FM South”); FM 110 from FM 621 to SH 80 (“FM 110 Middle”), and FM 110 from SH 80 to I-35 at Yarrington Road (“FM 110 North”). All present voting “Aye”. MOTION PASSED

33730 APPROVE ADVANCE FUNDING AGREEMENT AMENDMENT #1 BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE FM 110 PROJECT AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADVANCE FUNDING AGREEMENT AMENDMENT #1 ON BEHALF OF HAYS COUNTY

Commissioner Ingalsbe and General Counsel, Mark Kennedy spoke. On July 9, 2014, the Texas Department of Transportation (TxDOT) and Hays County entered into an Advance Funding Agreement which laid out the roles and responsibilities of each entity in the development and construction of FM 110 from State Highway 123 to I-35 at Yarrington Road. Since that time, changes to the project schedule, cost and funding sources have occurred and it is TxDOT and the County’s desire to amend the AFA to amend and/or clarify several provisions, among them that TxDOT will be using its own funds for the construction of FM 110without limitation of the $48 million Local Government Contribution and that the source of incremental tax revenue as a portion of the Local Government’s annual payment to TxDOT no longer would be required to be sourced solely from the Transportation Reinvestment Zone Number One, County of Hays County. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Advance Funding Agreement Amendment #1 between Hays County and the Texas Department of Transportation (TxDOT) for the FM 110 project and authorize the County Judge to execute Advance Funding Agreement Amendment #1 on behalf of Hays County. All present voting “Aye”. MOTION PASSED

33731 RELEASE OF THE CONSTRUCTION BOND #800016443 IN THE AMOUNT OF $962,823.75 FOR BELTERRA SUBDIVISION, PHASE 21, SECTION 2

Transportation Director, Jerry Borcherding spoke. On March 12, 2019 the County accepted the construction of the roads & drainage in Belterra subdivision, Phase 21, Section 2. However, because of an administrative error, the construction bond associated with this development was not released. This action will rectify that error and allow for the release of the bond currently at the Clerk's Office back to the developer. A motion was made by Commissioner Smith, seconded by Commissioner Jones to release of the construction bond #800016443 in the amount of $962,823.75 for Belterra subdivision, Phase 21, Section 2. All present voting “Aye”. MOTION PASSED

33732 ADOPT CHANGES TO 11 EXISTING ELECTION PRECINCTS

Elections Administrator, Jenifer Anderson spoke and presented the Court with a presentation. Commisioner Ingalsbe, Judge Becerra, Commissioner Jones and Commissioner Shell spoke. Pursuant to Texas Election Code 42.006 & 42.031, changes need to be made to the following election precinct boundaries due to exceeding or encroaching the maximum amount of registered voters of 5,000. Pct. 113 - 4,880, Pct. 120 - 6,315, Pct. 127 - 5,953, Pct. 129 - 5,195, Pct. 221 - 4,656, Pct. 224 - 6,802, Pct. 228 - 8,574, Pct. 336 - 4,508, Pct. 337 - 4,978, Pct. 443 - 5,433, Pct. 444 - 6,091. A motion was made by Commissioner Shell, seconded by Commissioner Smith to adopt changes to 11 existing election precincts. All present voting “Aye”. MOTION PASSED

33733 AUTHORIZE A ONE-TIME LUMP SUM PAYMENT IN THE AMOUNT OF $785 FOR THE EMERGENCY COMMUNICATIONS OFFICER, SLOT 0515-009 IN THE SHERIFF'S OFFICE

Captain Mark Cumberland spoke. Commissioner Jones spoke. The Sheriff is requesting the courts approval to authorize a one-time supplemental payment for an Emergency Communications Officer for providing Lead ECO


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duties for a period of over three months. This individual went above and beyond his assigned responsibilities, providing supervisory oversight due to a shortage in staff and delays for a proposed restructure. The supplemental pay would be calculated at a 6% increase over the current salary for the period as indicated. Funds are available with in the Sheriff's salary budget due to attrition. Financial Impact: $785 - base pay $162 – fringe $947 – total. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize a one-time lump sum payment in the amount of $785 for the Emergency Communications Officer, slot 0515-009 in the Sheriff's Office. All present voting “Aye”. MOTION PASSED

33734 ESTABLISH PARAMETERS REGARDING THE FORMATION, DUTIES, AND AUTHORITY OF COMMITTEES, BOARDS, COMMISSIONS, OR OTHER GROUPS, INCLUDING BUT NOT LIMITED TO THE HAYS COUNTY CRIMINAL JUSTICE COORDINATING COMMITTEE, FORMED BY THE HAYS COUNTY COMMISSIONERS COURT OR ANY INDIVIDUAL MEMBER OF THE COMMISSIONERS COURT

Commissioner Smith, Commissioner Shell, Commissioner Ingalsbe, Judge Becerra, Commissioner Jones spoke. A motion was made by Commissioner Smith, seconded by Commissioner Shell to give itself direction that any committee or group form by an individual Court member shall be named as a possessive of that individual Court member and shall not include the term “Commission or Board”, which shall be reserved for Court – created groups. All present voting “Aye”. MOTION PASSED

A motion was made by Commissioner Smith, seconded by Commissioner Shell in the spirit of transparency for the Court to give itself direction that within a reasonable time of creating, and prior to the first meeting of, a committee or group created by an individual Court member, that Court member is encouraged to notify all other Court members of the existence of the group, including its name, and shall include a list of the group’s members, voting and non-voting, including any Hays County staff members that will be asked to participate or contribute. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #24 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – was pulled

33735 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE EMPLOYMENT AND DUTIES OF EACH INDIVIDUAL INFORMATION TECHNOLOGY POSITION WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 11:40 a.m. and reconvened into open court at 12:47 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Sheriff, Gary Cutler, Captain, Mike Davenport, Auditor, Marisol Villarreal – Alonzo, H.R. Director, Shari Miller, Chief of Staff, Alex Villalobos, I.T. Director, Jeff McGill, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the changes to Information Technology positions effective 4/2/2019 as presented: Re-grade Operations Supervisor slot 0921-001 from grade 115 to 116, no fiscal impact, Re-grade Judicial Systems and Financial Manager slot 0930-001 from 115 to 116 with a 6% salary increase, create one new Assistant Systems Administrator grade 113, move LE Computer Support Specialist slot 0927-001 from Sheriff’s Office to Information Technology, re-title to IT Support Specialists, re-grade from 110 to 113 at the 30th percentile. Funds for LE Computer Support Specialists current salary/fringe will be moved from the Sheriff’s operating budget to the Information Technology operating budget. All proposed changes with a fiscal impact are funded through salary savings within Information Technology and or County Wide budgets due to attrition. All present voting “Aye”. MOTION PASSED

EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive session at 12:50 p.m. and reconvened into open court at 1:33 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Chief of Staff, Alex Villalobos, and Legal Support Services Specialist, Janice Jones. No action taken.


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33736 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE, USE, OR VALUE OF REAL PROPERTY OWNED BY HAYS COUNTY LOCATED AT 1307 UHLAND ROAD, SAN MARCOS, TEXAS. POSSIBLE ACTION TO FOLLOW IN OPEN COURT

Court convened into Executive session at 12:47 p.m. and reconvened into open court at 12:50 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Chief of Staff, Alex Villalobos, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a City of San Marcos Public Water Line Easement, consisting of 0.2353 Acres, related to the Jail Expansion project, as presented in Executive Session. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #28 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – was pulled


Judge Becerra gave the update. Burn Ban is not necessary until conditions change significantly.

Clerk’s Note Agenda Item #30 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – was pulled

Clerk’s Note Agenda Item #31 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – was pulled

DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS

Hays County’s current maximum jail capacity is 362inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 506 and peak was 519 for the week of March 24th to March 29th, 2019. Estimated cost for outsourcing inmates this week as $55,810. The average number of outsourced males is160 and females are 4. This week’s inmates were housed in the following counties: Burnet, Caldwell, McLennan and Limestone.




proceedings had by the Hays County Commissioners’ Court on April 2, 2019.


CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS


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STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 9TH DAY OF APRIL A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:



MARK JONES COMMISSIONER, PCT. 2


WALT SMITH COMMISSIONER, PCT. 4 OSCAR MEJIA JR. SENIOR DEPUTY CLERK

THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Velma Resendiz of the Pentecostal Church gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Dan Lyon, a San Marcos resident and David Crowell, a Kyle resident spoke.

33737 ADOPT A PROCLAMATION DECLARING APRIL 2019 AS WORLD AUTISM

MONTH IN HAYS COUNTY

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to adopt a proclamation declaring April 2019 as World Autism Month in Hays County. All present voting “Aye”. MOTION PASSED

UPDATE ON COUNTY JUDGE'S CRIMINAL JUSTICE TASKFORCE

Alex Villalobos, Hays County Chief of Staff gave an update on the County Judge’s Criminal Justice Taskforce.

DISCUSSION ABOUT ETHICS POLICY, "REVOLVING DOOR PROHIBITIONS"

Commissioner Ingalsbe, Judge Becerra and Alex Villalobos, Hays County Chief of Staff spoke.


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County invoices of $427,747.95, as presented by the Hays County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of Juror checks in the amount of $738.00, as presented by the Hays County Auditor. All present voting “Aye”. MOTION PASSED


CLAIMS

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of United Healthcare claims, in the amount of $858,840.18, as presented by the Hays County Auditor. All present voting “Aye”. MOTION PASSED

33741 APPROVE COMMISSIONERS COURT MINUTES OF APRIL 2, 2019

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of April 2, 2019, as presented by the Hays County Clerk. All present voting “Aye”. MOTION PASSED

33742 APPROVE THE PAYMENT OF THE APRIL 15, 2019 PAYROLL



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EFFECTIVE APRIL 15, 2019 AND POST TOTALS FOR WAGES,

WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY

WEBSITE ONCE FINALIZED

Approve the April mid-month payroll disbursements not to exceed $2,650,400.00. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of the April 15, 2019 payroll disbursements in an amount not to exceed $2,650,400.00 effective April 15, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

33743 APPROVE A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES

FOR THE HAYS COUNTY TAX ASSESSOR-COLLECTOR TEXPOOL

ACCOUNT

This Resolution adds Elizabeth Shahan (New Chief Deputy Tax Assessor-Collector) and Kathryn Henning (New Accountant I) as authorized representatives on the Texpool Account. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve a Resolution amending authorized representatives for the Hays County Tax Assessor-Collector Texpool Account. All present voting “Aye”. MOTION PASSED

33744 APPROVE GARVERUSA'S CHANGE ORDER #1 FOR LOW WATER

CROSSINGS IN THE PRECINCT 1 & 2 PROJECT AND AUTHORIZE THE

COUNTY JUDGE TO SIGN THE ASSOCIATED DOCUMENTS

This change order includes ROW acquisition and boundary changes for the Chaparral Road project, project clearances for wetlands on the Turnersville project, and drainage investigations for an additional crossing on Francis Harris Road. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve GarverUSA's Change Order #1 for Low Water Crossings in the Precinct 1 & 2 project and authorize the County Judge to sign the associated documents. All present voting “Aye”. MOTION PASSED

33745 AUTHORIZE THE SHERIFF'S OFFICE TO ACCEPT A DONATION TO THE

VICTIM SERVICES PROGRAM AND AMEND THE BUDGET ACCORDINGLY

The Sheriff's Office received a donation of $1,000.00 from the San Marcos Lion's Club and request for the donation to be used for the Victim Service Program. Budget Amendment. Budget Amendment. Increase 001-618-99-899.4610 Contributions $1,000.00. Increase 001-618-99-899.5551 Continuing Ed $1,000.00. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to accept a donation to the Victim Services Program and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33746 RATIFY THE COUNTY JUDGE'S APPOINTMENT OF CHARLIE CAMPISE TO

REPLACE JOE LOVELACE ON THE BOARD OF TRUSTEES OF THE HILL

COUNTRY MHDD CENTER, TO FILL AN UNEXPIRED TERM ENDING ON

AUGUST 31, 2020

Commissioner Shell and Commissioner Smith spoke. Charlie Campise has taken over the position on the board previously held by Joe Lovelace to represent Hays County. A motion was made by Commissioner Shell, seconded by Commissioner Smith to ratify the County Judge's appointment of Charlie Campise to replace Joe Lovelace on the Board of Trustees of the Hill Country MHDD Center, to fill an unexpired term ending on August 31, 2020. All present voting “Aye”. MOTION PASSED

33747 AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADDITIONAL SERVICES

NO.1 FROM SWCA FOR SURVEYING WORK AT UHLAND SITE RELATED

TO THE HAYS COUNTY PUBLIC SAFETY BOND PROJECT

SWCA Additional Services Request #1 for an additional survey required by City of San Marcos related to documentation of a water line easement. During the approval process, the city requested two additional surveys, however, SWCA's scope included an allowance for one miscellaneous survey. Therefore, this request covers the cost of one additional survey though both are mentioned in their request. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute Additional Services No.1 from SWCA for surveying work at Uhland Site related to the Hays County Public Safety Bond project. All present voting “Aye”. MOTION PASSED


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33748 AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADDITIONAL SERVICES

NO.2 FROM SWCA FOR SURVEYING WORK AT STAGECOACH SITE

RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND PROJECT

SWCA Additional Services Request #2 for additional survey required by City of San Marcos, related to Easement Descriptions and Exhibits for the Water Quality Basin. During the project review process, the city requested two additional surveys, however, SWCA's original scope included an allowance for one miscellaneous survey. Therefore, this request covers the cost of one additional survey, though both are mentioned in the change request. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute Additional Services No.2 from SWCA for surveying work at Stagecoach Site related to the Hays County Public Safety Bond project. All present voting “Aye”. MOTION PASSED

33749 ACCEPT THE FISCAL YEAR 2018 NORTH HAYS COUNTY EMERGENCY

SERVICES DISTRICT #1 AUDIT REPORT PER TEXAS HEALTH AND

SAFETY CODE 775.082

Texas Health and Safety Code 775.082 requires that the District prepare and file with the Commissioners Court by June 1 of each year an audit report of the district's fiscal accounts and records. A motion was made by Commissioner Shell, seconded by Commissioner Smith to accept the Fiscal Year 2018 North Hays County Emergency Services District #1 Audit Report per Texas Health and Safety Code 775.082. All present voting “Aye”. MOTION PASSED

33750 APPROVE A LIST OF POSITIONS AUTHORIZED TO RECEIVE OVERTIME

PAYMENTS EFFECTIVE 4/1/2019 AS OUTLINED IN THE HAYS COUNTY

PERSONNEL POLICY, SECTION 2A112

Commissioner Shell, H.R. Director, Shari Miller, Hays County General Counsel, Mark Kennedy, Director of Transportation, Jerry Borcherding, and Auditor, Marisol Villarreal – Alonzo spoke. On 12/18/2018 the Commissioners Court approved a new Hays County Employee Personnel Policy effective 1/1/19. As part of the 1/1/2019 policy, positions authorized to receive overtime payments will be specifically approved by Commissioners Court. The Hays County Treasurer and Hays County Auditor have compiled a list of positions that have historically been budgeted to receive overtime payments due to the nature of the job duties, shift work and on call status. Overtime funds are also used to comply with other overtime payments listed in various sections of the Hays County Employee Personnel Policy such as status changes, promotions, demotions, and terminations of employment, even if the position is not specifically approved with this action. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to table this item for next week, April 16, 2019. All present voting “Aye”. MOTION PASSED

33751 APPROVE A RESOLUTION SUPPORTING THE CONVERSION OF MAXWELL

WATER SUPPLY CORPORATION TO A SPECIAL UTILITY DISTRICT

OPERATING UNDER CHAPTER 65, TEXAS WATER CODE

Commissioner Ingalsbe and Commissioner Shell spoke. A portion of Maxwell's Water Supply Corporation service area resides in Hays County. In December, the Corporation's membership voted in favor of converting the Corporation into a SUD due to the advantages a SUD can provide to its members and the land within their service area. Consent from the County is not legally required for the Corporation to convert to a SUD; however, they are seeking consent and support from various entities. Caldwell County, the City of San Marcos, the City of Lockhart, the City of Uhland, the City of Kyle, Canyon Regional Water Authority, County Line SUD, and Martindale Water Supply Corporation have already adopted similar resolutions supporting the conversion. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve a Resolution supporting the conversion of Maxwell Water Supply Corporation to a Special Utility District operating under Chapter 65, Texas Water Code. All present voting “Aye”. MOTION PASSED


SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND PAPE-

DAWSON ENGINEERS, INC. TO PERFORM A FEASIBILITY AND SAFETY

STUDY ON CENTERPOINT ROAD IN PRECINCT 1

Commissioner Ingalsbe spoke. This engineering effort will address improvements needed to improve sight distance in certain areas along the length of Centerpoint Road and at driveways and subdivision entrances as needed. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Pape-Dawson Engineers, Inc. to perform a feasibility and safety study on Centerpoint Road in Precinct 1. All present voting “Aye”. MOTION PASSED


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33753 APPROVE THE SELECTION OF PAPE-DAWSON ENGINEERS, INC. TO

PROVIDE SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS,

SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE RM 12

SAFETY IMPROVEMENT PROJECT FROM THE JACOBS WELL ROAD

INTERSECTION TO THE GOLDS ROAD INTERSECTION; AND TO

AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT

Commissioner Shell spoke. The RM 12 safety improvement project at the Jacobs Well Road Intersection and the Golds Road intersection has been identified as a high priority safety project for Precinct 3 and the County. The project would address safety and mobility improvements at and near both intersections. Funding for the project would come from the County's 2016 Road Bond Program Safety/Mobility/(County & State System) Match funding category. Approval of Pape Dawson Engineers, Inc. for schematic, environmental documentation and PS&E services would position this important safety project to move quickly to construction and allow the County to program construction funding in the County's Fiscal Year 2020 budget and possibly seek additional construction funding through CAMPO. Pape-Dawson Engineers, Inc. has been pre-qualified by Hays County for the requested services. The process to initially select an engineering consultant to negotiate a scope of work and fee proposal, with subsequent action by the Hays County Commissioners Court to approve the contract integrating the negotiated scope of work and fee proposal, follows the process set forth in the Hays County Purchasing Policy and Procedures Manual, revised May 30, 2017. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve the selection of Pape-Dawson Engineers, Inc. to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the RM 12 safety improvement project from the Jacobs Well Road Intersection to the Golds Road intersection; and to authorize staff and counsel to negotiate a contract. All present voting “Aye”. MOTION PASSED


SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND FREESE &

NICHOLS, INC. TO INSPECT HAYS COUNTY OWNED PERMANENT

STORMWATER MANAGEMENT FACILITIES

Commissioner Ingalsbe and Director of Transportation, Jerry Borcherding spoke. These inspections are required by the City of San Marcos. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Freese & Nichols, Inc. to inspect Hays County owned Permanent Stormwater Management Facilities. All present voting “Aye”. MOTION PASSED

33755 ACCEPTANCE OF ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS,

AND ACCEPTANCE OF THE 2-YEAR MAINTENANCE BOND #2206831 IN

THE AMOUNT OF $12,790.00 FOR HOLTON DRIVE EXTENSION

Commissioner Smith spoke and there is staff recommendation. Staff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted. An engineer's concurrence letter and as-built construction plans have been received. The Transportation Department has inspected and approved the improvements. A motion was made by Commissioner Smith, seconded by Commissioner Shell for the acceptance of road construction & drainage improvements, and acceptance of the 2-year maintenance bond #2206831 in the amount of $12,790.00 for Holton Drive Extension. All present voting “Aye”. MOTION PASSED

33756 APPROVE THE SELECTION OF FREESE AND NICHOLS, INC. TO PROVIDE

SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS,

SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE JACOBS

WELL ROAD CORRIDOR STUDY PROJECT FROM FM 2325 TO RM 12;

AND TO AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT

Commissioner Shell spoke. The Jacobs Well Road Corridor Study from FM 2325 to RM 12 has been identified as a high priority safety project for Precinct 3 and the County. The study would address right-of-way widening to accommodate school bus and passenger vehicle traffic anticipated with the opening of the new elementary school and improve sight distances, and safety improvements at key intersections. Funding for the Corridor Study would come from the County's 2016 Road Bond Program Safety/Mobility/(County & State System) Match funding category. Approval of Freese & Nichols, Inc. for schematic, environmental documentation and PS&E services would position critical elements of this important safety project to move quickly to construction and allow the County to program construction funding in the County's Fiscal Year 2020 budget and possibly seek additional construction funding through CAMPO. Freese & Nichols has been pre-qualified by Hays County for the requested services. The process to initially select an engineering consultant to negotiate a scope of work and fee proposal, with subsequent action by the Hays County Commissioners Court to approve the contract integrating the negotiated scope of work and fee proposal, follows the process set forth in the Hays County Purchasing Policy and Procedures Manual, revised May 30, 2017. A motion was made by Commissioner


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Shell, seconded by Commissioner Ingalsbe approve the selection of Freese and Nichols, Inc. to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the Jacobs Well Road Corridor Study Project from FM 2325 to RM 12; and to authorize staff and counsel to negotiate a contract. All present voting “Aye”. MOTION PASSED

33757 APPROVE THE SELECTION OF BGE, INC. TO PROVIDE SCHEMATIC

DESIGN, ENVIRONMENTAL DOCUMENTATION AND PLANS,

SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE RR12

SAFETY IMPROVEMENT PROJECT NEAR THE INTERSECTIONS OF

MOUNTAIN CREST AND SKYLINE DRIVE; AND TO AUTHORIZE STAFF

AND COUNSEL TO NEGOTIATE A CONTRACT

Commissioner Shell spoke. This project will develop a schematic followed by PS&E for future construction funding. It is anticipated that at the schematic phase the project will be submitted to CAMPO for construction funding. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve the selection of BGE, Inc. to provide schematic design, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the RR12 safety improvement project near the intersections of Mountain Crest and Skyline Drive; and to authorize staff and counsel to negotiate a contract. All present voting “Aye”. MOTION PASSED


SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND RPS

INFRASTRUCTURE, INC. FOR PLANS, SPECIFICATIONS & ESTIMATES

(PS&E) SERVICES AND ENVIRONMENTAL SERVICES AS NEEDED FOR

THE SAFETY IMPROVEMENT PROJECT AT THE INTERSECTION OF RR12

AND FM 3237

Commissioner Shell spoke. PSA is for engineering services of a proposed project at the RR 12 and FM 3237 intersection consisting of pavement widening to accommodate a westbound to north bound free right-turn lane; northbound acceleration lane; southbound to eastbound left-turn lane; and southbound to westbound right-turn lane. Pavement widening will require removal and replacement of the existing traffic and pedestrian signals with new traffic signal, safety lighting and related infrastructure. Driveways and drainage culverts will also be updated to accommodate the improvements. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and RPS Infrastructure, Inc. for Plans, Specifications & Estimates (PS&E) services and environmental services as needed for the safety improvement project at the intersection of RR12 and FM 3237. All present voting “Aye”. MOTION PASSED

33759 SUB-1115; CF RANCH SUBDIVISION (4 LOTS). DISCUSSION AND

POSSIBLE ACTION TO CONSIDER GRANTING A VARIANCE FROM

CHAPTER 721.5.07 OF THE HAYS COUNTY DEVELOPMENT

REGULATIONS

Commissioner Smith and Director of the Department of Development Services, Caitlyn Strickland spoke. The proposed CF Ranch Subdivision is a 4 lot subdivision across 10.73 acres located off of Creek Rd in Precinct 4. Water service will be provided by Dripping Springs Water Supply and wastewater service will be provided by Individual On-Site Sewage Facilities. Section 721.5.07 of the Hays County Development Regulations outlines the parameters of Shared Access Driveways and the allowance of up to one (1) lot without independent access to a regulated roadways to access by means of a shared access driveway. The owner is requesting that two additional proposed lots, without independent access, be allowed to utilize the Shared Access Driveway as a means of access to the regulated roadway. Justification for the variance is included in backup. The final plat for the CF Ranch Subdivision has been reviewed under the interlocal cooperation agreement with the City of Dripping Springs and the approval of the variance is required for final plat approval. A motion was made by Commissioner Smith, seconded by Commissioner Shell to grant a variance from Chapter 721.5.07 of the Hays County Development Regulations for SUB-1115; CF Ranch Subdivision (4 Lots). All present voting “Aye”. MOTION PASSED

33760 SUB-1158; DISCUSSION AND POSSIBLE ACTION TO APPROVE FINAL

PLAT FOR THE GATLIN CREEK RANCH, SECTION TWO SUBDIVISION

Director of the Department of Development Services, Caitlyn Strickland spoke. This item has full staff recommendation. Gatlin Creek Ranch, Section Two is a proposed 2 lot subdivision located along Gatlin Creek Road in Precinct 4. Water service will be provided by private wells and rainwater collection. Wastewater service will be accomplished by Individual On-Site Sewage Facilities. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve final plat for the Gatlin Creek Ranch, Section Two Subdivision; SUB-1158. All present voting “Aye”. MOTION PASSED


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33761 SUB-1235; CALL FOR A PUBLIC HEARING ON APRIL 23RD, 2019 TO

DISCUSS APPROVAL OF THE REPLAT OF LOT 6, HILLVIEW ADDITION

SUBDIVISION

Director of the Department of Development Services, Caitlyn Strickland spoke. Hillview Addition is a recorded subdivision located off of Hillview Circle. The proposed re-plat will divide the 10.01 acre lot 6 into 2 lots. Water service will be provided by private wells and rainwater collection. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Smith, seconded by Commissioner Shell to call for a Public Hearing on April 23rd, 2019 to discuss approval of the Replat of Lot 6, Hillview Addition Subdivision; SUB-1235. All present voting “Aye”. MOTION PASSED

33762 AUTHORIZE THE COUNTYWIDE OPERATIONS DEPARTMENT AND

GRANTS DEPARTMENT TO EXCHANGE OFFICE SPACES WITHIN THE

HAYS COUNTY GOVERNMENT CENTER WITH THE RECORDS

MANAGEMENT OFFICE

Director of Countywide Operation, Tammy Crumley, Commissioner Ingalsbe, and Judge Becerra spoke. The Countywide Operations Department and the Grants Department are in need of office space that will accommodate their needs in one area. The department is currently occupying two (2) offices at the Courthouse and one office at the Government Center. The office space in the Government Center currently occupied by Records Management will accommodate the needs of Countywide Operations. Records Management will be able to relocate into the Countywide Operations office in the Government Center to accommodate their needs. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the Countywide Operations Department and Grants Department to exchange office spaces within the Hays County Government Center with the Records Management Office. All present voting “Aye”. MOTION PASSED

33763 APPROVE THE BYLAWS AND COMMISSIONERS COURT

REPRESENTATIVES FOR THE HAYS COUNTY CRIMINAL JUSTICE

COORDINATING COMMISSION

Jordan Buckley, a San Marcos resident and Tara Racine, a Wimberley resident gave public comments. Commissioner Shell, Commissioner Smith, Commissioner Jones, Commissioner Ingalsbe, Judge Becerra, Mark Kennedy, Hays County General Counsel, and Alex Villalobos, Hays County Chief of Staff spoke. Judge Becerra read the list of members that are in the Hays County Criminal Justice Coordinating Commission. The Hays County Criminal Justice Coordinating Committee has been active on and off for at least 10 years. Following Court action on April 2, 2019 the new name will now be the Hays County Criminal Justice Coordinating Commission. Proposed bylaws are included with this item. A motion was made by Commissioner Shell, seconded by Commissioner Jones to convert the current Judges Criminal Justice Task Force into the Hays County Criminal Justice Coordinating Commission, pursuant to the bylaws presented in court. All present voting “Aye”. MOTION PASSED A motion was made by Commissioner Jones, seconded by Commissioner Smith to nominate Commissioner Lon A. Shell and Commissioner Debbie Ingalsbe to represent the court on the Hays County Criminal Justice Coordinating Commission, and because the County Judge is not one of those members, then I would also like to appoint Alex Villalobos to the Commission. All present voting “Aye”. MOTION PASSED A motion was made by County Judge Becerra, seconded by Commissioner Ingalsbe to add the former chief prosecutor, Gary Cobb and the staff attorney for immigrant legal resource into the Hays County Criminal Justice Coordinating Commission, and keep everything else the same. Commissioner Ingalsbe and Judge Becerra voting “Aye”. Commissioner Shell, Commissioner Smith, and Commissioner Jones voting “No”. MOTION FAILED

Clerk’s Note Agenda Item #30 RE: DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND HAYS COUNTY FOR THE PROVISION OF ANIMAL SHELTER SERVICES – was pulled 33764 APPOINT ROBERT LUDDY TO THE BOARD OF COMMISSIONERS FOR ESD

#1, TERM ENDING 12/31/2020

Commissioner Smith spoke. A motion was made by Commissioner Smith, seconded by Commissioner Shell to appoint Robert Luddy to the board of Commissioners for ESD #1, term ending 12/31/2020. All present voting “Aye”. MOTION PASSED


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Clerk’s Note Agenda Item #32 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT– was pulled



REGARDING EMPLOYMENT AND DUTIES OF EACH INDIVIDUAL HUMAN RESOURCES

POSITION WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session at 11:19 a.m. and reconvened into open court at 11:38 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Legal Support Services Specialist, Janice Jones, Assistant General Counsel, Jordan Powell, H.R. Director, Shari Miller, Auditor, Marisol Villarreal – Alonzo, Assistant County Auditor, Vickie Dorsett, Hays County Assistant Treasurer, Laura Nava, Director of Transportation, Jerry Borcherding, Hays County Sheriff, Gary Cutler, Captain Julie Villalpando, and Sheriff’s Office Human Resources, Sandra Galvan. No action taken.



REGARDING EMPLOYMENT AND DUTIES OF EACH INDIVIDUAL FLEET MAINTENANCE

POSITION WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session at 11:39 a.m. and reconvened into open court at 12:06 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Legal Support Services Specialist, Janice Jones, Assistant General Counsel, Jordan Powell, H.R. Director, Shari Miller, Auditor, Marisol Villarreal – Alonzo, Assistant County Auditor, Vickie Dorsett, Hays County Assistant Treasurer, Laura Nava, Director of Transportation, Jerry Borcherding, Hays County Sheriff, Gary Cutler, and Sheriff Lieutenant -Marshall Todd Riffe. No action taken.

Clerk’s Note Agenda Item #35 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW – was pulled

DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR

DISASTER DECLARATION

Judge Becerra gave an update on the burn ban. He spoke to the Hays County Fire Marshall, and he

recommended that the burn ban is not necessary until conditions change significally.

Clerk’s Note Agenda Item #37 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – was pulled


PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY

FOLLOW – was pulled



Judge Becerra gave an update on the inmate population. Weekly Jail Capacity Report for March 31-April 6, 2019. Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. That lowers our capacity to 311. The jail’s daily average was 508 and peak was 517 on March 31st for the week of March 31- April 6, 2019. The estimated cost for outsourcing inmates this week is $62,717.00. The average number of outsourced males is 181 and females are 3. This week’s inmates were housed in the following counties: Bell, Burnet, Caldwell, McLennan, Limestone and Walker. During the month of March 2019, the county jail trustees worked a total of 4953.50 hours at a rate of $12/hr. for a savings of $59,442.00. The jobs performed by the trustees range from kitchen, laundry, cleaning within the facility and special project assignments.


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HAYS COUNTY, TEXAS


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STATE OF TEXAS *

COUNTY OF HAYS *



TO-WIT:






THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Commissioner Jones gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Dan Lyon, resident of San Marcos, made public comment.

33765 ADOPT A PROCLAMATION DECLARING APRIL 14-20, 2019 AS

NATIONAL TELECOMMUNICATORS WEEK

Sheriff, Gary Cutler spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a proclamation declaring April 14-20, 2019 as National Telecommunicators Week. All present voting “Aye”. MOTION PASSED

33766 ADOPT A PROCLAMATION DECLARING APRIL 2019 AS FAIR

HOUSING MONTH

Proclamation read by County Clerk, Elaine H. Cárdenas. A motion was made by Commissioner Shell, seconded by Commissioner Jones to adopt a proclamation declaring April 2019 as Fair Housing Month. All present voting “Aye”. MOTION PASSED

PRESENTATION ON PARKING MOBILITY AND ACCESS EMPOWERMENT PROGRAM BY

MACK MARSH

Mack Marsh gave a short presentation on the parking mobility program in Hays County. Constable Pct. 2, Michael Torres spoke. Alexa Nichols, resident of San Marcos, made public comment. County Judge, Commissioner Ingalsbe, and Commissioner Shell spoke.





Clerk’s Note Agenda Item #6 RE: APPROVE THE PAYMENT OF HUMANA AND UNITED HEALTHCARE CLAIMS. – was pulled


A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve Commissioners Court minutes of April 9, 2019 as presented by the County Clerk. All present voting “Aye”. MOTION PASSED


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3205 ELDER HILL ROAD, DRIFTWOOD, TEXAS 78619

Ryen Burrus of Gladys Highlands, LLC is proposing an OSSF to serve two single family homes and one studio apartment for long-term leasing. The system is designed to accommodate 300 gallons per day (100 gallons each). The cabins will be served by a private well on this 9.055-acre tract. The system designer, Stephen Jetton, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 300 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize Commercial On-Site Sewage Facility Permit at 3205 Elder Hill Road, Driftwood, Texas 78619. All present voting “Aye”. MOTION PASSED

33771 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 1 TO A

CONTRACT WITH THE TEXAS DEPARTMENT OF STATE HEALTH

SERVICES (DSHS) FOR THE IMMUNIZATION/LOCALS GRANT

PROGRAM FOR FY20 IN THE AMOUNT OF $192,341

On January 22, 2019, the court authorized the submission of a renewal Interlocal Application with the Texas Department of State and Health Services (DSHS) for the Immunization/Locals Grant Program FY20. Amendment No. 1 reflects a revised statement of work, adds a guidance document, extends the termination date to August 31, 2020 & adds funding of $192,341 for year 2 ($106,762 state funds & $85,579 federal funds). This grant provides support of the Immunization Program for the Hays County Health Department. The funds will be utilized to provide support toward the salary and benefits of the staff involved in this program. Contract No. HHS000104800001 Grant Period: September 1, 2018 - August 31, 2020. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the execution of Amendment No. 1 to a contract with the Texas Department of State Health Services (DSHS) for the Immunization/Locals Grant Program for FY20 in the amount of $192,341. All present voting “Aye”. MOTION PASSED


Permit #:1135, Road Name: W. McCarty Lane, Utility Company: Grande Communications. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve Utility Permit # 1135 located on W. McCarty Lane issued to Grande Communications as presented by the Transportation Director. All present voting “Aye”. MOTION PASSED

33773 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO ACCEPT A

CONTRIBUTION OF $24,909.29 FROM FRED WEBER, INC. FOR

REPAIRS RELATED TO CR 158 AND AMEND THE BUDGET

ACCORDINGLY

These funds are reimbursement for cost of repairs to CR158 caused by truck traffic from a new sand and gravel quarry. Budget Amendment: Increase materials .5351 Increase revenue .4614. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Transportation Department to accept a contribution of $24,909.29 from Fred Weber, Inc. for repairs related to CR 158 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33774 AMEND THE SHERIFF'S OFFICE DISCRETIONARY FUND FOR THE

PURCHASE OF COMPUTER EQUIPMENT FOR THE JAIL DIVISION

The Sheriff's Office has authorized the use of State Drug Forfeiture Funds for the purchase of four Surface Pro Packages with monitors. The computer equipment will assist existing positions in the Jail who are tasked with specialized assignments. The specialized assignments consist of training for direct supervision as well as other courses, the preparation, and completion of employment backgrounds for the agency, as well as recruiting purposes. The total cost of Surface Pro's and monitors is $7,975 and requires a budget amendment. Budget Amendment Decrease 053-618-00.5362 Criminal Investigations ($7,975) Increase 053-618-00.5202 Data Processing Supplies $3,532 Increase 053-618-00.5712_400 Computer Equipment Operating $4,443 Attachments: Microsoft Quote # USQ-0011-1798 Dell Quote # 3000036602995.1. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to amend the Sheriff’s Office discretionary fund for the purchase of computer equipment for the jail division. All present voting “Aye”. MOTION PASSED

33775 ACCEPTANCE OF ACADEMY DRIVE LOCATED IN PRECINCT 3 INTO

THE HAYS COUNTY ROAD MAINTENANCE SYSTEM EFFECTIVE ON

OR ABOUT JANUARY 28, 2019

This is simply a means to make a Court record of the acceptance of an ingress/egress into the La Cima development. The dedication of the 4.242 acre tract by San Marcos Baptist Academy Foundation is recorded


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with the Hays County Clerk; instrument #19002553. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to accept Academy Drive located in Precinct 3 into the Hays County Road Maintenance system effective on or about January 28, 2019. All present voting “Aye”. MOTION PASSED

33776 AUTHORIZE PAYMENT TO CELLULAR CONTROLLED PRODUCTS

FOR THE FERAL HOG ABATEMENT GRANT PROGRAM IN WHICH

NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY

PURCHASING POLICY

Dan Lyon, resident of San Marcos, made public comment. Commissioner Jones and Commissioner Smith spoke. The feral hog program consists of controlled wireless traps which has an equipment maintenance fee for service. Funds are available within the grant budget to cover this expenditure. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize payment to Cellular Controlled Products for the Feral Hog Abatement grant program in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33777 AUTHORIZE COMMERCIAL ON-SITE SEWAGE FACILITY PERMIT

FOR 3 LONG-TERM RENTAL MOBILE HOMES AT 200 VISTA WEST

RANCH RD, DRIPPING SPRINGS, TX

Robert Smith is proposing an On-Site Sewage System to serve three mobile homes for long-term rental. This 10.02 acre tract of land is located within an unrecorded subdivision which is Vista West Ranches, Lot 19 and will be served by a private well. The system designer, Robert Wright, R.S., has designed a low pressure dosed system with leaching chambers. The system consists of one 2000 gallon tank, one 1000 gallon tank, one 1250 gallon tank and will be dispersed through low pressure dosed lines for a maximum daily rate of 720 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize Commercial On-Site Sewage Facility Permit for 3 long-term rental mobile homes at 200 Vista West Ranch Rd, Dripping Springs, TX. All present voting “Aye”. MOTION PASSED

33778 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO ACCEPT

REMAINING GRANT FUNDS FROM THE TEXAS STATE SOIL AND

WATER CONSERVATION BOARD (TSSWCB) RELATED TO THE

AUXILIARY SPILLWAY REPAIRS AND AMEND THE BUDGET

ACCORDINGLY

In August 2017 the court executed a contract with the TSSWCB for matching grant funds related to the Auxiliary Spillway Repairs. All structural repairs have been completed and closed out, therefore, remaining funds may be used for additional maintenance projects per section II.e. of the original contract. The OES Director has identified additional maintenance projects for these sites that will be beneficial. No county funds are required. Budget Amendment: Increase Intergovernmental Revenue .4301 Increase Maintenance and Repair .5453. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Office of Emergency Services to accept remaining grant funds from the Texas State Soil and Water Conservation Board (TSSWCB) related to the Auxiliary Spillway Repairs and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33779 ACCEPT A DONATION FROM ADVENTIST HEALTH

SYSTEM/SUNBELT, INC. (DBA CENTRAL TEXAS MEDICAL CENTER)

FOR IMPROVEMENTS MADE TO A HAYS COUNTY BUILDING

LOCATED AT 401-A BROADWAY, SAN MARCOS, TEXAS AND


Commissioner Ingalsbe, Judge Becerra, and Director of Countywide Operations, Tammy Crumley spoke. Central Texas Medical Center will be making improvements to the flooring in the Live Oak Community Health Clinic portion of the building at 401-A Broadway. Budget Amendment: Increase Revenue: .4614 Capital Contributions Increase Expense: .5741 Misc Capital Improvements A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept a donation from Adventist Health System/Sunbelt, Inc. (dba Central Texas Medical Center) for improvements made to a Hays County building located at 401-A Broadway, San Marcos, Texas and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33780 RATIFY THE EXECUTION OF A SUPPLEMENTAL AGREEMENT NO.

2 WITH ELECTRONIC COMMERCE LINK, INC. (DBA E-GOV LINK)

RELATED TO THE COUNTY WEBSITE REDESIGN PROJECT AND


On June 26, 2018 the Commissioner's Court approved a contract with E-Gov Link for the County Website Redesign in response to RFP 2018-P04. Additionally, a contract supplemental was approved on 11/20/18 for additional content migration and a time extension to complete the final design elements and required staff training. The new website was rolled out on April 9th; however, some key documents were excluded due to timing of the initial documents database and completion of content migration. E-Gov Link has agreed to assist


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the county with the additional migration at a reduced rate. Funds are available in county-wide contingencies for this request. Budget Amendment: Decrease Co-Wide Contingencies - 001-645-00.5399 Increase County Wide Operations Software_Capital - .5718_700 Attachment: E-Gov Link Supplemental Agreement No. 2. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to ratify the execution of a Supplemental Agreement No. 2 with Electronic Commerce Link, Inc. (dba E-Gov Link) related to the County Website Redesign Project and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33781 RATIFY THE SUBMISSION OF A PRELIMINARY GRANT

APPLICATION TO THE TEXAS DEPARTMENT OF

TRANSPORTATION SAFE ROUTES TO SCHOOL CALL FOR

PROJECTS FOR THE HAYS COUNTY SIDEWALKS TO SCHOOL

INITIATIVE

The purpose of Safe Routes to School funding is to enable and encourage children to walk and bicycle to school, to make bicycling and walking to school safer and more appealing transportations alternative from an early age, and to facilitate the planning, development, and implementations or projects and activities that will improve safety and reduce motorized traffic in the vicinity of schools. Eligible project locations are within 2-mile radius of a K-8th public, private, or charter school. There is no Match Requirement for this grant funding. Step 2 of this process will be completed if preliminary application accepted. The funding requested is for the preparation of construction plan, specifications, environmental documentation and construction of a sidewalk connecting. This project will include ROW acquisition and construction of an 8’-10’ wide sidewalk along the south side of Bebee Road and along the east side of Dacy Lane to service Science Hall. Additionally, a sidewalk extending north from the intersection of Bebee Road and Dacy Lane to Hillside Terrace. The sidewalk extending east on Hillside Terrace to Goforth Rd. A sidewalk extending north Goforth Rd. to Tom Green School Rd. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to ratify the submission of a preliminary grant application to the Texas Department of Transportation Safe Routes to School call for projects for the Hays County Sidewalks to School Initiative. All present voting “Aye”. MOTION PASSED

33782 ADOPT A RESOLUTION IN SUPPORT OF HAYS COUNTY MUNICIPAL

UTILITY DISTRICT NO. 8, PROPOSED TO BE LOCATED IN

PRECINCT 1 OF HAYS COUNTY

The Landowner near the intersection of IH-35 and Yarrington Road has recently proposed to cease aggregate mining operations on the property and, instead, develop (or have developed) the approximate 456 acres as a single-family residential and limited commercial project. This change would be in-step with other development activities in the immediate area, and it will potentially save expenses on the construction of FM110 through the property. The City of San Marcos has been in discussions with Landowner regarding creation of the MUD. Hays County's support of the MUD is contingent San Marcos' consent to creation of the MUD. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to adopt a resolution in support of Hays County Municipal Utility District No. 8, proposed to be located in Precinct 1 of Hays County. All present voting “Aye”. MOTION PASSED


AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $688,266.50

FOR CROSSWINDS, PHASE 2 SUBDIVISION (BOND # 800043889)

Commissioner Ihngalsbe spoke. The final plat for the Crosswinds, Phase 2 Subdivision has been reviewed under the interlocal cooperation agreement with the City of Kyle and has been approved by County staff. While the plat has been approved administratively, formal acceptance of fiscal surety is required by Commissioners Court action. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept fiscal surety for the construction of street and drainage improvements in the amount of $688,266.50 for Crosswinds, Phase 2 Subdivision (Bond # 800043889). All present voting “Aye”. MOTION PASSED

33784 APPROVE THE SELECTION OF DOUCET & ASSOCIATES TO

PROVIDE PLANS, SPECIFICATIONS & ESTIMATES (PS&E)

SERVICES FOR A PARKING LOT AT THE GOVERNMENT CENTER;

AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A

CONTRACT

Dan Lyon, resident of San Marcos, made public comment. Commissioner Ingalsbe, Director of Countywide Operations Tammy Cumley, and Commissioner Smith spoke. This project will provide needed parking at the Government Center. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the selection of Doucet & Associates to provide Plans, Specifications & Estimates (PS&E) services for a parking lot at the Government Center; and authorize staff and counsel to negotiate a contract. All present voting “Aye”. MOTION PASSED


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Clerk’s Note: Court took a 5 Minute break at 10:10a.m. and returned into open session at 10:15 a.m.

33785 SUB-937. HIGHPOINTE SUBDIVISION PHASE 1, SECTION 3A (74

LOTS) DISCUSSION AND POSSIBLE ACTION TO ACCEPT THE

PRIVATE ROADWAY CONSTRUCTION

Commissioner Smith, Transportation Director, Jerry Borcherding, and General Counsel, Mark Kennedy spoke. Highpointe Subdivision is a master planned community located along Sawyer Ranch Road within precinct 4. The 74 lots will be served by West Travis County PUA for water service and Hays County MUD # 5 will provide wastewater services. The roads within this subdivision were not inspected at time of construction. The roads will never be brought into county maintenance. This subdivision is under the 1445 Interlocal agreement with the city of Dripping Springs, and this the last item remaining for us to send our approval. A motion was made by Commissioner Smith, seconded by Commissioner Jones to accept the private roadway construction of SUB-937 Highpointe Subdivision Phase 1, Section 3A. All present voting “Aye”. MOTION PASSED


AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND HAYS

COUNTY FOR THE PROVISION OF ANIMAL SHELTER SERVICES

Shari Boyett, resident of San Marcos, made public comment. Commissioner Ingalsbe, Commissioner Shell, General Counsel, Mark Kennedy, Commisioner Jones, and Judge Becerra spoke. This agreement formalizes the acceptance, care, and costs associated with Hays County's utilization of the City of San Marcos Animal Shelter. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute an Interlocal Agreement between the City of San Marcos and Hays County for the Provision of Animal Shelter Services. All present voting “Aye”. MOTION PASSED

33787 APPROVE THE PROCESS AND A LIST OF POSITIONS AUTHORIZED

TO RECEIVE OVERTIME PAYMENTS EFFECTIVE 4/1/2019 AS

OUTLINED IN THE HAYS COUNTY PERSONNEL POLICY, SECTION

2A112

County Treasurer, Britney Richey spoke. H.R. Director, Shari Miller presented the Court with a PowerPoint presentation. County Auditor, Marisol Villarreal – Alonzo, Commissioner Shell, Commissioner Smith, Commissioner Ingalsbe, and Judge Becerra spoke. On 12/18/2018 the Commissioners Court approved a new Hays County Employee Personnel Policy effective 1/1/19. As part of the 1/1/2019 policy, positions authorized to receive overtime payments will be specifically approved by Commissioners Court. The Hays County Treasurer and Hays County Auditor have compiled a list of positions that have historically been budgeted to receive overtime payments due to the nature of the job duties, shift work and on call status. Overtime funds are also used to comply with other overtime payments listed in various sections of the Hays County Employee Personnel Policy such as status changes, promotions, demotions, and terminations of employment, even if the position is not specifically approved with this action. Attachment: Recommended list of positions eligible for overtime payments. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the list of positions authorized to receive overtime as presented in backup and to instruct staff to create separate line item for collective bargaining members, and those not in collective bargaining can track budgets with overtime payments so the department head or elected official is authorized to pay overtime to individuals included in the list as long as there is budgeted funds available. All present voting “Aye”. MOTION PASSED

33788 AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICE

AGREEMENT (PSA) BETWEEN HAYS COUNTY AND HDR

ARCHITECTURE, INC. TO DEVELOP SCHEMATICS FOR A NEW

ACCESSIBILITY RAMP, DRAINAGE REVISIONS AND OTHER

IMPROVEMENTS TO THE HAYS COUNTY GOVERNMENT CENTER

Director of Countywide Operations, Tammy Crumley, Commissioner Shell, Commissioner Ingalsbe, and General Counsel, Mark Kennedy spoke. The ramp used to enter the Government Center during Early Voting needs to be redesigned to ensure compliance with Texas Accessibility Standards (TAS) and the Americans with Disabilities Act (ADA). There is a drainage issue at the base of the ramp that needs to be alleviated. In addition, improvements will be made to better serve voter needs during elections. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the execution of a Professional Service Agreement (PSA) between Hays County and HDR Architecture, Inc. to develop schematics for a new accessibility ramp, drainage revisions and other improvements to the Hays County Government Center in an amount not to exceed $49,995.00. All present voting “Aye”. MOTION PASSED

11:00A.M.-WORKSHOP REGARDING ETHICS POLICY, "REVOLVING DOOR

PROHIBITIONS"


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Alex Villalobos, Chief of Staff, gave a presentation. Commissioner Ingalsbe, General Counsel, Mark Kennedy, Commissioner Smith, Commissioner Jones, Judge Becerra, County Auditor, Marisol Villarreal-Alonzo, and Commissioner Shell spoke. No Action Taken.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT BIG HAT. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT Court convened into Executive Session at 10:40 a.m. and reconvened into open court at 11:25 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Chief of Staff, Alex Villalobos, GSMP – Adriana Cruz, Jason Giulietti and Legal Support Services Specialist, Janice Jones. No action taken.





OPEN COURT

Court convened into Executive Session at 12:36 p.m. and reconvened into open court at 1:07 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Chief of Staff, Alex Villalobos, and Legal Support Services Specialist, Janice Jones. A motion was made by Shell, seconded by Commissioner Smith to authorize the General Counsel to execute an “Engagement Letter”, on behalf of Hays County, with Richards, Rodriguez, & Skeith, LLP and the Law Office of Max Renea Hicks, related to the filing of an original petition against Kinder Morgan and third parties, the cause of action being related to the Permian Highway Pipeline and the engagement letter and original petition having been reviewed by the Court in Executive Session. All present voting “Aye”. MOTION PASSED A motion was made by Shell, seconded by Commissioner Smith to authorize General Counsel to execute an “Agreement and Consent to Multi-Party Representation”, on behalf of Hays County, related to the representation of multiple petitioners in the previously-mention law suit by Richards, Rodriguez, & Skieth, LLC and the Law Office of Max Renea Hicks. All present voting “Aye”. MOTION PASSED


GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND/OR DELIBERATION

REGARDING THE PURCHASE, EXCHANGE, LEASE, USE, OR VALUE OF REAL

PROPERTY OWNED BY HAYS COUNTY LOCATED AT 401 C BROADWAY STREET, SAN

MARCOS, TX. POSSIBLE ACTION TO FOLLOW IN OPEN COURT

Court convened into Executive Session at 12:19 p.m. and reconvened into open court at 12:36 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, County Auditor, Marisol Villarreal - Alonzo and Legal Support Services Specialist, Janice Jones. No action taken.




DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR

DISASTER DECLARATION

Judge Becerra gave the Burn Ban update. Burn Ban is not necessary until conditions change significantly.


PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB


Clerk’s Note Agenda Item #34 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW.

– was pulled DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE



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Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 513 and peak was 529 on April 11

th for the week of April 7

th to

April 13th, 2019. Estimated cost for outsourcing inmates this week as $64,418. The average number of

outsourced males is 186 and females are 3. This week’s inmates were housed in the following counties: Bell, Burnet, Caldwell, McLennan, Limestone and Walker.







HAYS COUNTY, TEXAS


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Page 1 of 6

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 23rd DAY OF APRIL A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:





WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CÁRDENAS COUNTY CLERK

THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Clerk’s Note: Invocation, Pledge, and roll call were done previous before going live. Jeff Thompson gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. Clerk’s Note: Court took a break at 9:03 a.m. and returned into open session at 9:06 a.m.

PUBLIC COMMENTS

Robert Dugan, of Buda Lions Club spoke of the upcoming Country Fair and Dog Races. Dan Lyon, resident of San Marcos, spoke of the Tax Valuations, and Kinder Morgan Law Suit. Sam Brannon, resident of San Marcos, spoke of Elections.

33790 ADOPT A PROCLAMATION DECLARING APRIL 28 - MAY 5, 2019, SOIL

AND WATER STEWARDSHIP WEEK

Josh Storm, Chairman of the Hays County Soil and Water Conservation Board spoke. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a proclamation declaring April 28 - May 5, 2019, Soil and Water Stewardship Week. All present voting “Aye”. MOTION PASSED

33791 ADOPT A PROCLAMATION DECLARING APRIL 27TH - MAY 4TH AS

NATIONAL INFANT IMMUNIZATION WEEK

Eric Schneider, Epidemiologist of the Hays County Local Public Health Department spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a proclamation declaring April 27th - May 4th as National Infant Immunization Week. All present voting “Aye”. MOTION PASSED




A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve payments of Juror checks in the amount of $776.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court Minutes of April 16, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

33795 APPROVE THE PAYMENT OF THE APRIL 30, 2019 PAYROLL



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Page 2 of 6

EFFECTIVE APRIL 30, 2019 AND POST TOTALS FOR WAGES,

WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY

WEBSITE ONCE FINALIZED

A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve the payment of the April 30, 2019 payroll disbursements in an amount not to exceed $3,560,000.00 effective April 30, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

33796 AUTHORIZE THE EXECUTION OF THE 4TH AMENDMENT TO THE

EXISTING LEASE BETWEEN HAYS COUNTY AND THE CITY OF SAN

MARCOS FOR THE WOMEN, INFANTS AND CHILDREN ("WIC") PROGRAM

OFFICE LOCATED AT 150 LOCKHART STREET IN KYLE

The proposed amendment just extends the lease term by one year. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to Authorize the execution of the 4th Amendment to the existing lease between Hays County and the City of San Marcos for the Women, Infants and Children ("WIC") Program office located at 150 Lockhart Street in Kyle. All present voting “Aye”. MOTION PASSED

33797 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR OFFICE LOCATED

AT 135 VISTA VERDE PATH, WIMBERLEY, TEXAS 78676

Judge Becerra spoke. County Auditor, Marisol Villarreal – Alonzo spoke. Myramid Analytical, Inc. is proposing an OSSF to serve the Myramid Office and environmental testing lab facility. The system is designed to accommodate up to 25 employees and customers per day. There are only 4 employees currently and no plans for expansion at this time. This 20 acre tract of land will be served by a rainwater collection system. The system designer, Stephen Jetton, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 100 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for Office located at 135 Vista Verde Path, Wimberley, Texas 78676. All present voting “Aye”. MOTION PASSED

33798 AUTHORIZE THE JAIL TO ADD A TELEPHONE ALLOWANCE EFFECTIVE

MAY 1, 2019, TO A JAIL SERGEANT SLOT NUMBER 0620-003, AND A

JAIL CORPORAL SLOT NUMBER 0640-003 AND AMEND THE BUDGET

ACCORDINGLY

At this time, the Jail is seeking approval of two temporary cell phone allowances for a Sergeant and Corporal who are both tasked with special assignments such as conducting training, attending job fairs, preparation and completion of employment backgrounds as well as other duties. It is essential that these positions utilize a cell phone to be available to staff and supervisors to remain productive and perform duties effectively. A budget amendment of $450.00 is required; funds are identified in the Jail's budget. Budget Amendment Decrease 001 618-03.5489 Telephone & Data Lines ($450.00) Increase 001-618-03.5194 Telephone Allowance $450.00. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Jail to add a telephone allowance effective May 1, 2019, to a Jail Sergeant slot number 0620-003, and a Jail Corporal slot number 0640-003 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


Permit #: 1136, 1137 Road Name: North Hays County MUD No.1, Goforth SUD, Utility Company: Windy Hill Road, Sunrise Circle. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve Utility Permits # 1136 located on Windy Hill Road issued to North Hays County MUD No 1 and Permit # 1137 located on Sunrise Circle issued to Goforth SUD, as presented by the Transportation Director. All present voting “Aye”. MOTION PASSED

33800 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A DUPLEX

LOCATED AT 22569 RANCH ROAD 12, DRIPPING SPRINGS, TEXAS 78620


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Page 3 of 6

Commissioner Jones spoke. Scott Friedeck is proposing an On-Site Sewage Facility for a duplex structure located at 22569 Ranch Road 12 in Dripping Springs. This property is Lot 1B in the Olliewood Subdivision and will be served by a private well. The system designer, Dan Balboa, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be disposed via surface application for a maximum daily rate of 600 gallons. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize On-Site Sewage Facility permit for a duplex located at 22569 Ranch Road 12, Dripping Springs, Texas 78620. All present voting “Aye”. MOTION PASSED

33801 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CONTRACT AMENDMENT

NO. 1 FOR DOUCET & ASSOCIATES, INC. ON THE OLD BASTROP HWY

(CR266) HAYS COUNTY 2016 ROAD BOND PROJECT

Commissioner Ingalsbe spoke. Increase in Contract Compensation Cap will allow for execution of Supplemental #1 to Work Authorization #1 to approve requested scope & fee to modify drainage plan, revise ditch profile and increase culvert capacity for 100- year storm to address flooding at properties south of CR 266 and west of El Camino Way Drive. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute Contract Amendment No. 1 for Doucet & Associates, Inc. on the Old Bastrop Hwy (CR266) Hays County 2016 Road Bond Project. All present voting “Aye”. MOTION PASSED

33802 CALL FOR A PUBLIC HEARING ON MAY 7, 2019 TO ESTABLISH "NO

PARKING" ZONES 50 FEET FROM STOP SIGNS ON MARSH LANE AT

DIAMONDBACK COVE IN SHADOW CREEK SUBDIVISION TO HELP WITH

TRAFFIC CONCERNS IN FRONT OF RALPH PFLUGER ELEMENTARY

SCHOOL

This action would establish a "No Parking" zone on Marsh Lane and Diamondback Cove approximately 50 feet in front of three stop signs (see accompanying map) directly in front of Ralph Pfluger Elementary school to help with traffic concerns as a result of vehicles that park immediately in front of the stop signs while waiting for students to leave at the end of school. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to call for a public hearing on May 7, 2019 to establish "No Parking" zones 50 feet from stop signs on Marsh Lane at Diamondback Cove in Shadow Creek subdivision to help with traffic concerns in front of Ralph Pfluger Elementary school. All present voting “Aye”. MOTION PASSED

33803 APPROVE ADVANCE FUNDING AGREEMENT REGARDING THE FM 110

PROJECT BETWEEN SH 123 AND CR 245 AMONG HAYS COUNTY, TEXAS

DEPARTMENT OF TRANSPORTATION (TXDOT) AND THE GUADALUPE-

BLANCO RIVER AUTHORITY (GBRA) TO EFFECT THE RELOCATION OF

GBRA FACILITIES AS PART OF THE FM 110 CONSTRUCTION PROJECT

AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE ADVANCE

FUNDING AGREEMENT ON BEHALF OF HAYS COUNTY

Commissioner Ingalsbe spoke. General Counsel, Mark Kennedy spoke. The FM 110 Project between SH 123 and CR 245 (Guadalupe County) should be changed to CR 232 in Hays County. On July 9, 2014, the Texas Department of Transportation (TxDOT) and Hays County entered into an Advance Funding Agreement (AFA) which laid out the roles and responsibilities of each entity in the development and construction of FM 110 from State Highway 123 to I-35 at Yarrington Road and subsequently on April 2, 2019 the AFA was amended to address changes to the project schedule, cost and funding sources. As part of the project development of FM 110, utility relocation has been identified is necessary for certain GBRA facilities. While the initial AFA included a Provision stating that Hays County would be responsible for the adjustment of utilities, TxDOT agrees that it is more economical or efficient for such relocation to be effected by including the relocation in TxDOT's FM 110 construction contract. The Advance Funding Agreement identifies the payment provision and work responsibilities of relocating the GBRA utility facilities as part of TxDOT's FM 110 construction contract. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Advance Funding Agreement regarding the FM 110 project between SH 123 and CR 232 among Hays County, Texas Department of Transportation (TxDOT) and the Guadalupe-Blanco River Authority (GBRA) to effect the relocation of GBRA facilities as part of the FM 110 construction project and authorize the County Judge to execute the Advance Funding Agreement on behalf of Hays County. All present voting “Aye”. MOTION PASSED

33804 APPROVE ADVANCE FUNDING AGREEMENT REGARDING THE FM 110

PROJECT BETWEEN SH 123 AND CR 245 AMONG HAYS COUNTY, TEXAS


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Page 4 of 6

DEPARTMENT OF TRANSPORTATION (TXDOT) AND THE CRYSTAL

CLEAR SPECIAL UTILITY DISTRICT (CCSUD) TO EFFECT THE

RELOCATION OF CCSUD FACILITIES AS PART OF THE FM 110

CONSTRUCTION PROJECT AND AUTHORIZE THE COUNTY JUDGE TO

EXECUTE THE ADVANCE FUNDING AGREEMENT ON BEHALF OF HAYS

COUNTY

Commissioner Ingalsbe spoke. General Counsel, Mark Kennedy spoke. The FM 110 Project between SH 123 and CR 245 (Guadalupe County) should be changed to CR 232 in Hays County. On July 9, 2014, the Texas Department of Transportation (TxDOT) and Hays County entered into an Advance Funding Agreement (AFA) which laid out the roles and responsibilities of each entity in the development and construction of FM 110 from State Highway 123 to I-35 at Yarrington Road and subsequently on April 2, 2019 the AFA was amended to address changes to the project schedule, cost and funding sources. As part of the project development of FM 110, utility relocation has been identified is necessary for certain CCSUD facilities. While the initial AFA included a Provision stating that Hays County would be responsible for the adjustment of utilities, TxDOT agrees that it is more economical or efficient for such relocation to be effected by including the relocation in TxDOT's FM 110 construction contract. The Advance Funding Agreement identifies the payment provision and work responsibilities of relocating the CCSUD utility facilities as part of TxDOT's FM 110 construction contract. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Advance Funding Agreement regarding the FM 110 project between SH 123 and CR 232 among Hays County, Texas Department of Transportation (TxDOT) and the Crystal Clear Special Utility District (CCSUD) to effect the relocation of CCSUD facilities as part of the FM 110 construction project and authorize the County Judge to execute the Advance Funding Agreement on behalf of Hays County. All present voting “Aye”. MOTION PASSED

33805 SUB-1235; DISCUSSION AND POSSIBLE ACTION TO APPROVE FINAL

PLAT OF THE REPLAT OF LOT 6, HILLVIEW ADDITION SUBDIVISION;

HOLD PUBLIC HEARING

Judge Becerra opened the public hearing. No public input was received. Judge Becerra closed the public hearing. County Planner, Marcus Pacheco spoke. Hillview Addition is a recorded subdivision located off of Hillview Circle in Precinct 4.The proposed re-plat will divide the 10.01 acre lot 6 into 2 lots. Water service will be provided by private wells and rainwater collection. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Smith, seconded by Commissioner Shell to table agenda item #16. All present voting “Aye”. MOTION PASSED

33806 CONSIDER NAMING A PRIVATE DRIVEWAY IN PRECINCT 4, HAPPY COW

LANE

Commissioner Smith spoke. The owner of this property, located off W US 290 in precinct 4, would like to name their West private driveway, Happy Cow Lane. A motion was made by Commissioner Smith, seconded by Commissioner Jones to naming a private driveway in precinct 4, Happy Cow Lane. All present voting “Aye”. MOTION PASSED

33807 CONSIDER NAMING A PRIVATE DRIVEWAY IN PRECINCT 4, COW CREEK

TRAIL

Commissioner Smith spoke. The owner of this property, located off W US 290 in precinct 4, would like to name their East private driveway, Cow Creek Trail. A motion was made by Commissioner Smith, seconded by Commissioner Jones to grant naming a private driveway in precinct 4, Cow Creek Trail. All present voting “Aye”. MOTION PASSED

ACTION ON A "REVOLVING DOOR POLICY"

Judge Becerra, Commissioner Smith, Commissioner Jones, Commissioner Ingalsbe, General Counsel, Mark Kennedy, and Commissioner Shell spoke. Pursuant to the workshop held on April 16, 2019, this item will give direction to staff on implementing decisions of the Court on this issue. Amend the Purchasing Policy to add a disclosure form. Once changes have been made to the policy, it will be brought back to Court.

HOLD A PUBLIC HEARING ON COUNTYWIDE POLLING PLACES PURSUANT TO

SECTION 43.007 OF THE TEXAS ELECTION CODE


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Elections Administrator, Jennifer Anderson spoke. Judge Becerra opened the public hearing. Public Comment from Mary Borm, was read by County Clerk, Elaine H. Cárdenas, and Jeff Thompson, Rosemary Nelson, James Platt Nelson, Betsy Singleton, Don Singleton, Marvadene Eves, Ted C. Eves, Martha Alexander, Anna Hargrove, Donna Haschke, Hanlon Skillman, Lucy Johnson, Nan Simpson, Nicholas Hoover, Catherine Wicker, Deborah Chávez, Kaela Thompson, Melissa Millecam, Diann McCabe, Aart Millecam, Patricia Alba, Brandon Jamel, Jon Leonard, Linda A. Rodriguez, Frederick Case, Terry Cummings, Richard W. Cronshey, Patrick Moloney, Preston Nieves and Linda Calvert, all made public comments. Judge Becerra closed the public hearing. On February 26, 2019, the Court passed a Resolution supporting inclusion into the Texas Countywide Polling Place Program which included holding a public hearing during Commissioners Court. Clerk’s Note: Court took a break at 10:17 a.m. and returned into open session at 10:26 a.m.




COURT.

Court convened into Executive Session at 11:05 a.m. and reconvened into open court at 11:20 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, and Legal Support Services Specialist, Janice Jones. No action taken.

Clerk’s Note Agenda Item #22 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH

PROJECT BIG HAT. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – was pulled Clerk’s Note Agenda Item #23 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY










– was pulled


CURRENT POPULATION COUNTS AND COSTS. BECERRA



th

to April 20th, 2019. Estimated cost for outsourcing inmates this week as $69,676. The average number of


ADJOURNMENT A motion was made by Commissioner Jones to adjourn court at 11:24 a.m.


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HAYS COUNTY, TEXAS


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STATE OF TEXAS *

COUNTY OF HAYS *



TO-WIT:





WITH COMMISSIONER, PCT. 4, WALT SMITH, BEING ABSENT AND THE FOLLOWING

PROCEEDINGS WERE HAD, THAT IS: Esperanza Baltazar gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Dan Lyon, resident of San Marcos, made public comment about the Jail. PRESENTATION OF HAYS COUNTY SERVICE AWARDS


Awards – County Clerk’s Office – Oscar Mejia, Sheriff’s Office – Chase Fuller, Sheriff’s Office – Adam McLeod,

Sheriff’s Office – Jeffrey Goff, Sheriff’s Office – Travis Terrero, District Attorney’s Office – Princess Cozad,

Constable Pct. 1 – Gregory Grumbles, 10 – Year Service Awards – Sheriff’s Office – Ryan Watkins, Sheriff’s

Office, Michael Fuentes, Transportation, Jesse Amaya III, JP PCt. 5 – Pamela England, 30 – Year Service

Awards – Roberto Trelles, Retirement – IT Department – Michael Schneider, and Sheriff’s Office – Timothy

Schneider.

33808 ADOPT A PROCLAMATION DECLARING MAY 5-11, 2019 AS NATIONAL

CORRECTIONAL OFFICERS AND EMPLOYEES WEEK

Hays County Sheriff, Gary Cutler and Captain, Julie Villalpando spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a proclamation declaring May 5-11, 2019 as National Correctional Officers and Employees Week. All present voting “Aye”. MOTION PASSED

33809 ADOPT A PROCLAMATION DECLARING MAY 1 - 8, 2019 AS CINCO DE MAYO

WEEK

Judge Becerra spoke. On June 7, 2005 Congress issued a concurrent Resolution calling on the President of the United States to observe Cinco de Mayo with appropriate ceremonies and activities. The Office of Hays County Judge Becerra, numerous volunteers and the non-profit LULAC Chapter 654 have created "Cinco on the Square," the first ever Cinco de Mayo celebration on the courthouse lawn on Saturday, May 4, 2019, to which all county employees and Hays County residents are invited to participate. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a proclamation declaring May 1 - 8, 2019 as Cinco de Mayo Week. All present voting “Aye”. MOTION PASSED

33810 ADOPT A PROCLAMATION TO DECLARING MAY 6-10, 2019 AS ECONOMIC

DEVELOPMENT WEEK Greater San Marcos Partnership President, Adriana Cruz spoke. Requested by the Greater San Marcos Partnership. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to adopt a proclamation to declaring May 6-10, 2019 as Economic Development Week. All present voting “Aye”. MOTION PASSED

33811 ADOPT A PROCLAMATION DECLARING MAY 2019 AS STOP THE BLEED MONTH Kharley Smith, Director of Emergency Management spoke. Hays County EMS, Katie Contreras spoke. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a proclamation declaring May 2019 as Stop the Bleed month. All present voting “Aye”. MOTION PASSED


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PRESENTATION BY HAYS COUNTY CONSTABLE PRECINCT 1 REGARDING THE DUTIES AND

RESPONSIBILITIES PERFORMED BY HIS OFFICE

Constable Pct. 1, David Peterson presented a PowerPoint presentation to the Court.





A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the payment of Humana claims in the amount of $625.65 and United Healthcare claims in the amount of $201,998.57, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court Minutes of April 23, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

33815 AMEND THE CONSTABLE PRECINCT 1 BUDGET FOR ADDITIONAL FUNDS NEEDED RELATED TO CONTINUING EDUCATION

The Constable is requesting additional funds for continuing education for the following: *Civil Process Conference in Rockwall - 1 Deputy Constable and 2 CCL Bailiffs $633 *Texas Gang Investigators Conference in Corpus Christi - 1 Deputy Constable $1,355 Savings within the Constable's operating budget have been identified to fund this request. No additional funds are required. Budget Amendment: Decrease Vehicle Lease .5475 Increase Cont Ed .5551 A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to amend the Constable Precinct 1 budget for additional funds needed related to continuing education. All present voting “Aye”. MOTION PASSED 33816 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RENEWAL AGREEMENT

BETWEEN HAYS COUNTY AND LEXISNEXIS RELATED TO LEGAL RESEARCH

FOR THE HAYS COUNTY SHERIFF'S OFFICE

LexisNexis is utilized by the inmates of the Hays County Jail for their legal research/law library needs. Funds are budgeted within the Jail Division operating budget for this expense. Attachment: Lexis Nexis Renewal Agreement. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a renewal Agreement between Hays County and LexisNexis related to legal research for the Hays County Sheriff's Office. All present voting “Aye”. MOTION PASSED

33817 ADOPT A RESOLUTION EXPRESSING THE INTENT TO ENTER INTO AND ABIDE

BY THE CONDITIONS OF A MULTIPLE USE AGREEMENT BETWEEN HAYS

COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE

INSTALLATION OF FLOOD WARNING RELATED EQUIPMENT WITHIN TEXAS

DEPARTMENT OF TRANSPORTATION RIGHT OF WAY Please refer to attached resolution. TxDot form driven template for the Multiple Use Agreement. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a resolution expressing the intent to enter into and abide by the conditions of a Multiple Use Agreement between Hays County and the Texas Department of Transportation for the installation of flood warning related equipment within Texas Department of Transportation Right of Way. All present voting “Aye”. MOTION PASSED

33818 AUTHORIZE PAYMENT TO CARD SERVICES FOR THE DISTRICT ATTORNEY'S

OFFICE RELATED TO WITNESS TRAVEL IN WHICH NO PURCHASE ORDER WAS



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Dan Lyon, resident of San Marcos, made public comment. The District Attorney's office made travel arrangements for a witness for an upcoming jury trial late in the evening and failed to obtain a purchase order as required per County Purchasing Policy. Funds are available within their operating budget to cover this expenditure. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize payment to Card Services for the District Attorney's Office related to witness travel in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33819 ACCEPT THE DELIVERY OF THE FISCAL YEAR 2018 INTERNAL EXAMINATION

REPORTS FOR THE SHERIFF'S OFFICE JAIL COMMISSARY ACCOUNT,

SHERIFF'S OFFICE FEDERAL DISCRETIONARY ACCOUNT, AND THE SHERIFF'S OFFICE DRUG FORFEITURE FUND

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to accept the delivery of the Fiscal Year 2018 Internal Examination Reports for the Sheriff's Office Jail Commissary Account, Sheriff's Office Federal Discretionary Account, and the Sheriff's Office Drug Forfeiture Fund. All present voting “Aye”. MOTION PASSED

33820 APPROVE OUT OF STATE TRAVEL FOR DETECTIVE NELSON WRAY TO ATTEND

THE BASIC COMPUTER EVIDENCE RECOVERY TRAINING IN HOOVER, ALABAMA

FUNDED BY THE UNITED STATES SECRET SERVICE GRANT PROGRAM Out of state travel is needed to send Detective Nelson Wray to attend the Basic Computer Evidence Recovery Training in Hoover, Alabama beginning July, 8, 2019 - August 8, 2019. This is a 20 day course designed to train Law Enforcement officers how to understand mobile device seizures, how to track histories of mobile devices, and teach basic drafting of court orders and search warrants. This course is a combination of instructor lecture and practical exercises. Having Detective Wray attend this training will help him with investigating crimes that occur in Hays County pertaining to mobile devices such as cell phones, GPS units and tablets. All fees (registration, hotel and per diem) will be paid directly by the US Secret Service. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve out of state travel for Detective Nelson Wray to attend the Basic Computer Evidence Recovery training in Hoover, Alabama funded by the United States Secret Service grant program. All present voting “Aye”. MOTION PASSED 33821 AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO UTILIZE EXISTING

FUNDS FOR THE PURCHASE AND INSTALLATION OF LOCKING MECHANISMS

FOR TEN GOVERNMENT CENTER COURTROOM DOORS

The Building Maintenance Department is seeking authorization to purchase and install lock mechanisms on ten Government Center courtroom doors. Three quotes were obtained with Hull Supply Co. providing the lowest bid. They will furnish and install all locks under the supervision of Building Maintenance. Funds are available within the Infrastructure Improvement Fee Fund for this purchase. Attachment: Hull Supply proposal. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Building Maintenance Department to utilize existing funds for the purchase and installation of locking mechanisms for ten Government Center courtroom doors. All present voting “Aye”. MOTION PASSED

33822 SUB-1235; CALL FOR A PUBLIC HEARING ON MAY 14TH, 2019 TO DISCUSS

APPROVAL OF THE REPLAT OF LOT 6, HILLVIEW ADDITION SUBDIVISION Hillview Addition is a recorded subdivision located off of Hillview Circle in Precinct 4. The proposed re-plat will divide the 10.01 acre lot 6 into 2 lots. Water service will be provided by private wells and rainwater collection. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Shell, seconded by Commissioner Jones to Call for a Public Hearing on May 14th, 2019 to discuss approval of SUB-1235 the Replat of Lot 6, Hillview Addition Subdivision. All present voting “Aye”. MOTION PASSED

33823 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MEMORANDUM OF

UNDERSTANDING BETWEEN HAYS COUNTY AND THE BUREAU OF LAND MANAGEMENT FOR RAWS MAINTENANCE

Dan Lyon, resident of San Marcos, made public comment. Kharley Smith, Director of Emergency Management spoke. Authorize the County Judge to execute a Memorandum of Understanding between Hays County and the Bureau of Land Management for maintenance on the Remote Automated Weather Stations which require yearly maintenance to ensure quality fire and flood data are collected according to protocol. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Memorandum of Understanding between Hays County and the Bureau of Land Management for RAWS maintenance. All present voting “Aye”. MOTION PASSED


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33824 ACTION REGARDING REQUEST FROM TAXPAYER TO REFUND PENALTY AND INTEREST ACCRUED ON A TAX PAYMENT, CITING SECTION 33.011(H) OF THE

TEXAS PROPERTY TAX CODE

Tax Assessor – Collector, Jenifer O’Kane spoke. See attached evidence submitted by the taxpayer showing proof of attempt to pay the original tax amount electronically in the proper manner before the delinquency date. Taxpayer states that failure to pay was caused by an error in the transmission of funds. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to request from taxpayer to refund penalty and interest accrued on a tax payment, citing Section 33.011(h) of the Texas Property Tax Code. All present voting “Aye”. MOTION PASSED

33825 AUTHORIZE THE TAX OFFICE TO HIRE A TEMPORARY ACCOUNTANT I FOR CROSS TRAINING PURPOSES, NOT TO EXCEED 8 HOURS A WEEK FOR A 6-

WEEK PERIOD EFFECTIVE MAY 1, 2019

Tax Assessor – Collector, Jenifer O’Kane spoke. The Tax Office recently hired a new Accountant I which was double filled for a two-week period with the retiring employee as allowed per the Personnel Policy. However, due to the complexities of the daily accounting duties, this was not adequate to properly train the new employee. The Tax Assessor is requesting the Courts approval to hire a former Accountant that worked in the Tax Office for over 18 years to assist and provide additional training on a temporary basis. The temporary employee will work two days a week for four hours each day for a six-week period (not to exceed 48 hours) at the minimum hourly rate of $21.81 per hour. Salary savings are available due to attrition to fund this request. Financial Impact: Temp Salary - $1,047 FICA/Medicare - $ 80 Total Required - $1,127. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Tax Office to hire a temporary Accountant I for cross training purposes, not to exceed 8 hours a week for a 6-week period effective May 1, 2019. All present voting “Aye”. MOTION PASSED

33826 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TYLER TECHNOLOGIES, INC. RELATED TO A CRIMINAL

JUSTICE PRE-FILING SOFTWARE MODULE AND AMEND THE BUDGET

ACCORDINGLY

District Attorney, Wes Mau, Commissioner Ingalsbe and Judge Becerra spoke. The DA & IT Departments have researched a software solution related to the implementation of prefiling procedures for criminal cases. This software module is part of our current Odyssey System and will improve the efficiencies of the criminal justice system by assigning criminal cases to courts at magistration. Additionally, the Pre-File Module will provide a repository for staff to store electronic and paper files prior to the official case filing and allow pre- and post- filings to be stored in a single electronic file. There are no reoccurring fees associated with this module implementation. Funds are available in the County and District Court Technology Fund for this software enhancement. Budget Amendment: Decrease General Supplies .5201 Increase Software_Capital .5718_700 Attachment: Tyler Technology Pre-File Software Module PSA. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement with Tyler Technologies, Inc. related to a Criminal Justice Pre-Filing Software Module and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33827 AUTHORIZE THE OFFICE OF EMERGENCY SERVICE TO CREATE ONE NEW GIS

CAD/PUBLIC SAFETY SPECIALIST POSITION, GRADE 113 EFFECTIVE MAY 1ST


Kharley Smith, Director of Emergency Management spoke. Programs Manager for GIS and 911 addressing, Steve Floyd, spoke. The Hays County Office of Emergency Services, in collaboration with Hays County IT, Development Services, and GIS, have identified a need to further expand upon our GIS capabilities for public safety as well as assisting in the current Tyler Technologies project. This position will be responsible for GIS analytics for emergency response, conversion of spatial data, liaise for multiple departments/divisions, and project management. Potential Funding Source - Co-Wide Contingencies Budget Amendment: ($34,048) - Decrease Co-Wide Contingences $18,907 - Increase Staff Salaries $ 3,870 - Increase FICA/Medicare/Retirement $ 4,917 - Increase Insurances $ 1,925 - Increase Computer Equipment (Desktop Computer) $ 3,200 - Increase Computer Equipment (Laptop) $ 679 - Increase Data Supplies (Monitors, UPS, Speakers) $ 550 - Increase Telephone Expense. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Office of Emergency Service to create one new GIS CAD/Public Safety Specialist position, grade 113 effective May 1st and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33828 EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS GOVERNMENT

CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION



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Court convened into Executive Session at 10:27 a.m. and reconvened into open court at 10:44 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize General Counsel to execute settlement agreements involving Hays County and negotiated with and through the Texas Association of Counties, from time to time, on an as-needed basis. All present voting “Aye”. MOTION PASSED



PROJECT BIG HAT. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – was pulled 33829 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE


DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT

OF WAY ALONG PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION MAY FOLLOW

IN OPEN COURT

Court convened into Executive Session at 10: 22 a.m. and reconvened into open court at 10:27 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Transportation Director, Jerry Borcherding and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Temporary Construction Easement between Hays County and RELP SMART, LLC for a temporary driveway near proposed FM110 and Hwy 80, to be used as a temporary construction entrance to the San Marcos S.M.A.R.T terminal, as presented in executive session. All present voting “Aye”. MOTION PASSED






Clerk’s Note Agenda Item #29 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB




DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT

POPULATION COUNTS AND COSTS.



st

to April 27th, 2019. Estimated cost for outsourcing inmates this week as $73,979.00. The average number of


ADJOURNMENT A motion was made by Commissioner Jones 10:47 a.m.


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HAYS COUNTY, TEXAS


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ON THIS THE 7TH DAY OF MAY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

RUBEN BECERRA* COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1


ELAINE H. CÁRDENAS COUNTY CLERK *Judge Becerra left after discussion of the Indigent Defense Improvement Grant Application was discussed. Commissioner Ingalsbe took over as Judge Pro Tem.

THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Michael Myers gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon, resident of San Marcos objected to the use of county funds for the Buck Winn Mural on display in the Hays County Government Center. Roland Saucedo, resident of San Marcos, spoke in favor of the Indigent Defense Improvement Grant (Item 29). John McGlothin, resident of San Marcos, spoke against the Indigent Defense Improvement grant (Item 29).


POPULATION COUNTS AND COSTS

Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10 percent of capacity open. The jail’s daily average was 530 and peak was 538 for the week of April 28th to May 4th, 2019. Estimated cost for outsourcing inmates this week as $75,203.00. The average number of outsourced males is 212 and females are 2. This week’s inmates were housed in the following counties: Bell, Burnet, Caldwell, McLennan, Limestone and Walker.

AUTHORIZE THE SUBMISSION OF THE INDIGENT DEFENSE IMPROVEMENT GRANT

APPLICATION TO THE TEXAS INDIGENT DEFENSE COMMISSIONER (TIDC)

Tim Bauorkomper Jr, Betsy Singleton, Michel Sullivan, Faylita Hicks, Mary P. Gilroy, Diann McCabe, Ann Whitus, Eric Martinez, Jimmy Alan Hall and Clayton Bradshaw all made public comments in support of an Indigent Defense Improvement Grant. Judge Becerra’s Chief of Staff, Alex Villalobos, summarized key elements of the proposed grant, with support from Jeff Burkhard from the granting agency. The program would:

address the high costs of outsourcing inmates ($10,000 - $15,000/day);

ensure adequate legal representation for clients lawyers currently have to travel for hours to see;

help reduce recidivism by ensuring adequate defense,

reduce the jail population by increasing Personal Recognizance bonds for people with mental illnesses,

provide more effective support for persons with mental illnesses (including veterans), who comprise as much as 20 percent of the jail population,

ensure constitutional rights of immigrants are protected, and

provide advocacy for reasonable bonds at magistration. The grant, which would provide an 80/60/40/20 match in Years 1, 2, 3, and 4, respectively, would cover:

a part time Padilla expert (for immigrants),

a full time Mental Health Public Defender,

a full time Mental Health Caseworker, and

a full time attorney to represent defendants at magistration.

(See back-up for full proposal and more detail.) A motion was made by Commissioner Shell, seconded by Commissioner Smith to discuss item. A spirited discussion followed. Commissioner Smith, Commissioner Shell, Commissioner Jones, County Court at Law #2 Judge Chris Johnson, County Court a Law # 3 Judge Tacie Zelhart, Commissioner Ingalsbe and General Counsel, Mark Kennedy spoke. Generally, speakers objected to the short time they had to review the proposal (see back-up) and to the apparent lack of stakeholder involvement and support in shaping the proposal. No motions were made. A Special Commissioners Court Meeting was scheduled for Friday, May 10, 2019 at 2p.m, to continue addressing the topic.


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Clerk’s Note: Court took a 5 minute break and returned into open session.

33830 ADOPT A PROCLAMATION DECLARING MAY 15, 2019 AS PEACE OFFICERS

MEMORIAL DAY AND MAY 12 - MAY 18, 2019 AS POLICE WEEK

A motion was made by Commissioner Jones, seconded by Commissioner Shell to adopt a proclamation declaring May 15, 2019 as Peace Officers Memorial Day and May 12 - May 18, 2019 as Police Week. All present voting “Aye”. MOTION PASSED

33831 ADOPT A PROCLAMATION DECLARING MAY 2019 AS ALS AWARENESS MONTH

A motion was made by Commissioner Jones, seconded by Commissioner Shell to adopt a proclamation declaring May 2019 as ALS Awareness Month. All present voting “Aye”. MOTION PASSED

33832 ADOPT A PROCLAMATION DECLARING MAY 2019 AS DRUG COURT MONTH

A motion was made by Commissioner Jones, seconded by Commissioner Shell to adopt a proclamation declaring May 2019 as Drug Court Month. All present voting “Aye”. MOTION PASSED

PRESENTATION BY MIKE HEILIGENSTEIN, EXECUTIVE DIRECTOR OF THE CENTRAL TEXAS

MOBILITY AUTHORITY (CTRMA), REGARDING THE MOBILITY AUTHORITY OPERATIONS AND

MEMBERSHIP.

Central Texas Mobility Authority, Executive Director, Mike Heiligenstein gave a presentation describing the

complex transportation system surrounding Hays County. (See backup.) Commissioner Jones and

Commissioner Ingalsbe spoke. Central Texas Mobility Authority, Chairman, Greg Oshen spoke.


A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve payments of County invoices in the amount of $1,439,601.63, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve payments of Juror checks in the amount of $5,165.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the payment of United Healthcare claims in the amount of $343,435.01, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve Commissioners Court Minutes of April 30, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

33837 APPROVE THE PAYMENT OF THE MAY 15, 2019 PAYROLL DISBURSEMENTS IN

AN AMOUNT NOT TO EXCEED $2,650,400.00 EFFECTIVE MAY 15, 2019 AND

POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON

THE HAYS COUNTY WEBSITE ONCE FINALIZED

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the payment of the May 15, 2019 payroll disbursements in an amount not to exceed $2,650,400.00 effective May 15, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

33838 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR OFFICE/WAREHOUSE

BUILDINGS AT 5566 NIEDERWALD STRASSE, KYLE, TEXAS 78640


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David Cuddy of Studio Estates is proposing an On-Site Sewage System to serve five warehouse/office buildings. The system is designed to accommodate up to 221 employees and customers. This 12.004-acre tract of land will be served by a public water supply. The system designer, Jim Bettridge, R.S., has designed a proprietary treatment system. After treatment, the effluent will be dispersed via drip irrigation tubing for a maximum daily rate of 1105 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for office/warehouse buildings at 5566 Niederwald Strasse, Kyle, Texas 78640. All present voting “Aye”. MOTION PASSED

33839 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR ADDITION OF LIFT

STATION AT 31560 RR 12, DRIPPING SPRINGS, TX 78620

Walt Graner of Graner Holdings, LLC is proposing an addition to an existing On-Site Sewage System to serve a small office building. This 2.577-acre tract of land is Lot 5-A in the Wildwood Hills Subdivision and is served by a public water supply. The proposed building will be connected to a lift station that will pump to the permitted system. The system designer, Greg Johnson, P.E., had designed a non-standard treatment system with flow equalization. After treatment, the effluent will be dispersed via drip irrigation tubing for a maximum daily rate of 773 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for addition of lift station at 31560 RR 12, Dripping Springs, TX 78620. All present voting “Aye”. MOTION PASSED

33840 AUTHORIZE THE COUNTY JUDGE TO SUBMIT A REVISED RESOLUTION TO THE

OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION (CJD) FOR THE

HAYS COUNTY INCIDENT AREA COMMUNICATIONS PROJECT

The Commissioners Court authorized the submittal of this grant application on February 13, 2018. These funds will be utilized to provide deployable, comprehensive, communication solutions to the Hays County Emergency Responders for use during incidents or call-outs requiring multiple person collaboration The Office of the Governor (CJD) has requested an updated Resolution that reflects the new Authorized Official. The Resolution will be electronically updated into e-grants. Grant Number: 3568201 Grant Period: 10/01/2018 - 09/30/2019. A motion was made by Commissioner Shell , seconded by Commissioner Jones to authorize the County Judge to submit a revised resolution to the Office of the Governor, Criminal Justice Division (CJD) for the Hays County Incident Area Communications project. All present voting “Aye”. MOTION PASSED

33841 AUTHORIZE THE COUNTY JUDGE TO SUBMIT A REVISED RESOLUTION TO THE

OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION (CJD) FOR THE

HAYS COUNTY CRIME SCENE ANALYSIS SOLUTION PROJECT

The Commissioners Court authorized the submittal of this grant application on February 13, 2018. This grant is to provide the Hays County Sheriff's Department with a crime scene analysis solution that will allow for 3D diagraming of crime and accident scenes. The Office of the Governor (CJD) has requested an updated Resolution that reflects the new Authorized Official. The Resolution will be electronically updated into e-grants. Grant Number: 3565901 Grant Period: 10/01/2018 - 09/30/2019. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to submit a revised resolution to the Office of the Governor, Criminal Justice Division (CJD) for the Hays County Crime Scene Analysis Solution project. All present voting “Aye”. MOTION PASSED

33842 APPROVE THE CANCELLATION OF HAYS COUNTY COMMISSIONERS COURT ON

MAY 28, 2019

Commissioners Court Representatives and staff will be attending the Travis County District Court Hearing on Kinder Morgan. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the cancellation of Hays County Commissioners Court on May 28, 2019. All present voting “Aye”. MOTION PASSED

33843 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR TWO RENTAL HOUSES

LOCATED AT 101 EASTERN RD, WIMBERLEY, TEXAS 78676

Curtis Jinkins is proposing an On-Site Sewage Facility for a long-term rental house and a short-term rental house located at 101 Eastern Road in Wimberley. This property is Lot 25B-2 in the Green Acres Subdivision and will be served by a public water supply. The system designer, Kyle DeHart, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be disposed via surface application for a maximum daily rate of 300 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize On-Site Sewage Facility permit for two rental houses located at 101 Eastern Rd, Wimberley, Texas 78676. All present voting “Aye”. MOTION PASSED


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33844 AUTHORIZE THE CONSTABLE PRECINCT 5 OFFICE TO PURCHASE ONE

ADDITIONAL AXON IN-CAR CAMERA SYSTEM AND AMEND THE BUDGET

ACCORDINGLY

In August 2018 the Commissioner's Court authorized additional Axon in-car camera systems to fully equip the newly leased vehicles for all Constable's Offices. Due to an oversight, one camera system was not included in the list of equipment that was authorized for purchase for the Constable Pct. 5 fleet. Potential Funding Source Co-Wide Contingencies. Attachment: Axon Enterprise Quote. Budget Amendment: Decrease Co-Wide Contingencies. Increase Law Enforcement Equipment. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Constable Precinct 5 Office to purchase one additional Axon In-Car Camera System and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33845 APPROVE OUT OF STATE TRAVEL FOR FIVE MEMBERS OF THE HAYS COUNTY

VETERANS COURT TEAM TO ATTEND THE NATIONAL ASSOCIATION OF DRUG

COURT PROFESSIONALS (NADCP) ALL RISE 19 CONFERENCE IN NATIONAL

HARBOR, MD JULY 14-17, 2019 AND AMEND THE BUDGET ACCORDINGLY

The NADCP has convened the only national conference for treatment court professionals to expand treatment for individuals with substance use and mental health disorders. Attendees will gain new tactics, insights and increased ability to improve the success of the Hays County Veterans Court. Hays County Veterans Court team is as follows: Laura Balo, Veterans Court Coordinator Jason Anika, Probation Officer Gerald Ramcharan, Program Manager Brenda Jarden-Holter, Defense Attorney Chris Johnson, Hays County Judge, County Court-at-Law 2Office of the Governor grant funds will be utilized for all expenses. Budget Amendment: Increase Continuing Education .5551 - $8,500 Decrease Insurance Benefits Medical .5160_400 - ($8,500). A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve out of state travel for five members of the Hays County Veterans Court team to attend the National Association of Drug Court Professionals (NADCP) All Rise 19 Conference in National Harbor, MD July 14-17, 2019 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33846 AUTHORIZE THE HISTORICAL COMMISSION TO UTILIZE DONATED FUNDS TO

PURCHASE EQUIPMENT AND SUPPLIES RELATED TO THE KYLE DEPOT

RESTORATION PROJECT AND AMEND THE BUDGET ACCORDINGLY

On January 8, 2019 the Historical Commission presented a donation to court for acceptance related to repairs and restoration of the Kyle Depot Caboose. Funds were accepted and deposited into the contract services account to contract the needed work. In order to save costs the Hays County Building Maintenance department has agreed to manage the project, therefore, the funds need to be amended to the appropriate accounts to record the purchases. No additional funds are required. Budget Amendment: ($54,911) - Decrease Contract Services $1,000 - Increase General Supplies (paint supplies) $1,000 - Increase Contract Services (lift rental for painting) $10,690 - Increase Misc. Equipment_Op (detailed items below) A&E Signs for signage SI Mechanical for a/c unit $44,221 - Increase Misc. Capital Imprv_Ops (detailed items below) Trans Rail Shop for misc repairs CT Electric for electric panel, lights, power to caboose Fence Lady for 180 ft fence and steps to Caboose $54,911 - Total project costs. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Historical Commission to utilize donated funds to purchase equipment and supplies related to the Kyle Depot Restoration Project and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33847 ADOPT A RESOLUTION SUPPORTING LEGISLATIVE EFFORTS TO ESTABLISH A

HOTEL OCCUPANCY TAX IN THE CITY OF KYLE, TEXAS

A motion was made by Commissioner Shell, seconded by Commissioner Jones to adopt a resolution supporting legislative efforts to establish a Hotel Occupancy Tax in the City of Kyle, Texas. All present voting “Aye”. MOTION PASSED

33848 AWARD RFQ 2019-P03 KOHLERS CROSSING - UPRR GRADE SEPARATION

IMPROVEMENTS TO HDR ENGINEERING, INC., AND AUTHORIZE STAFF AND

GENERAL COUNSEL TO NEGOTIATE A CONTRACT

This RFQ is for professional engineering and other design support services related to proposed grade-separated improvements at Kohlers Crossing and the Union Pacific Railroad (UPRR) in Precinct 2. This is part of an ongoing project that addresses safety and mobility concerns in the City of Kyle. The Project is associated with the overall program of safety and mobility improvements being undertaken by Hays County in partnership with the City of Kyle and the UPRR. The relocation of a portion of the existing railroad siding to north of Burleson Road to improve railroad-roadway operations will require the construction of a grade-separated railroad crossing at Kohlers Crossing. The proposed bridge over the Union Pacific railroad at Kohlers Crossing will eliminate vehicle-railroad car conflicts at that location and improve overall operations of both the roadway and the railroad.


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Purchasing received responses from HDR Engineering, Inc., Lockwood Andrews and Newnam, Inc., and HuittZollars, Inc. Upon thorough evaluation, he evaluating committee recommends that the award be made to HDR, Engineering, Inc. Attached: RFQ 2019-P03 Tabulation. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to award RFQ 2019-P03 Kohlers Crossing - UPRR Grade Separation Improvements to HDR Engineering, Inc., and authorize staff and General Counsel to negotiate a contract. All present voting “Aye”. MOTION PASSED

33849 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO ESTABLISH "NO

PARKING" ZONES 50 FEET FROM STOP SIGNS ON MARSH LANE AT

DIAMONDBACK COVE IN SHADOW CREEK SUBDIVISION TO HELP WITH

TRAFFIC CONCERNS IN FRONT OF RALPH PFLUGER ELEMENTARY SCHOOL

This action would establish a "No Parking" zone on Marsh Lane and Diamondback Cove approximately 50 feet in front of three stop signs (see accompanying map) directly in front of Ralph Pfluger Elementary school to help with traffic concerns as a result of vehicles that park immediately in front of the stop signs while waiting for students to leave at the end of school. A motion was made by Commissioner Jones, seconded by Commissioner Smith to establish "No Parking" zones 50 feet from stop signs on Marsh Lane at Diamondback Cove in Shadow Creek subdivision to help with traffic concerns in front of Ralph Pfluger Elementary school. All present voting “Aye”. MOTION PASSED

33850 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LNV, INC. REGARDING

ENGINEERING SERVICES FOR A SIGNAL WARRANT STUDY AND SIGNAL DESIGN

FOR THE CR266/REDWOOD ROAD INTERSECTION

The County Engineer is proposing the work to be performed in two phases: $20,880 - Phase I - Route and Design Studies to be completed in FY19 $188,762 - Phase II - Environmental Studies and Signal Design to be budgeted in FY20. Attachment: LNV, Inc. PSA. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and LNV, Inc. regarding engineering services for a signal warrant study and signal design for the CR266/Redwood Road intersection. All present voting “Aye”. MOTION PASSED

33851 AUTHORIZE THE EXECUTION OF A CONSTRUCTION CONTRACT WITH

INTERMOUNTAIN SLURRY SEAL, INC. FOR THE TRANSPORTATION

DEPARTMENT RELATED TO ROAD IMPROVEMENTS

The Transportation Department would like to utilize Intermountain Slurry Seal for micro surfacing to extend the life of the road pavement for named projects. Projects to be completed include: >Hidden Oaks Subdivision, Pct. 2 >Meadow Woods Subdivision, Pct. 2 >Arroyo Ranch Subdivision, Pct. 4 These projects will be scheduled for September 2019 and are budgeted within the FY19 Transportation Departments operating budget. Procurement is allowable through the Bexar County ILA purchasing agreement and in accordance with Bexar County PO#11597775. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the execution of a Construction Contract with Intermountain Slurry Seal, Inc. for the Transportation Department related to road improvements. All present voting “Aye”. MOTION PASSED

33852 SUB-1175; EPPRIGHT ADDITION SUBDIVISION (5 LOTS). DISCUSSION AND

POSSIBLE ACTION TO APPROVE PRELIMINARY PLAN

County Planner, Marcus Pacheco spoke. Eppright Addition is a proposed 5 lot subdivision located along Post Oak Road in PCT 3. Water service will be provided by private wells and rainwater collection. Wastewater service will be accomplished by individual OSSF. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve preliminary plan of SUB-1175; Eppright Addition Subdivision (5 Lots). All present voting “Aye”. MOTION PASSED

33853 SUB-1248; FARMHOUSE ON ELDER HILL II SUBDIVISION (2 LOTS). DISCUSSION

AND POSSIBLE ACTION TO APPROVE PRELIMINARY PLAN

County Planner, Marcus Pacheco spoke. Farmhouse on Elder Hill II is a proposed 2 lot subdivision located along Elder Hill Road in Precinct 4. Water service will be provided by private wells and rainwater collection. Wastewater service will be accomplished by Individual On-Site Sewage Facilities. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve preliminary plan SUB-1248; Farmhouse on Elder Hill II Subdivision (2 Lots). All present voting “Aye”. MOTION PASSED

33854 SUB-1220; CALL FOR A PUBLIC HEARING ON MAY 21ST, 2019 TO DISCUSS

APPROVAL OF THE REPLAT OF LOT 4, LEGEND OAKS SECTION TWO

SUBDIVISION


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Legend Oaks Section Two is a recorded subdivision located off of Nameless Road in Precinct 3. The proposed re-plat will divide the 18.08 acre lot 4 into 7 lots. Water service will be provided by rainwater collection. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to call for a Public Hearing on May 21st, 2019 to discuss SUB-1220; Legend Oaks Section Two Subdivision. Replat of Lot 4. All present voting “Aye”. MOTION PASSED

33855 SUB-1116; CALL FOR A PUBLIC HEARING ON MAY 21ST, 2019 TO DISCUSS

APPROVAL OF THE REPLAT OF LOTS 1,3,4, 8 & 9, FAMILY TREE SUBDIVISION

Family Tree Subdivision is a recorded subdivision located off of Fitzhugh Road and Preslar Circle in Precinct 4. The proposed re-plat will remove the plat note from the original Family Tree plat restricting TCEQ (then TNRCC) prohibited activities. It will also propose the following: -Revise the boundary of Lot 4, creating Lot 4-A. -Split Lot 3 into two lots, creating Lot 3-A and 3-B. -Combine Lot 8 and 9 to create Lot 8-A. Water service will be provided by rainwater collection. Wastewater treatment will be accomplished by individual onsite sewage facilities. A motion was made by Commissioner Smith, seconded by Commissioner Jones to call for a Public Hearing on May 21st, 2019 to discuss approval of the SUB-1116; Family Tree Subdivision. Replat of Lots 1,3,4, 8 & 9. All present voting “Aye”. MOTION PASSED

33856 AUTHORIZE ON-SITE SEWAGE SYSTEM PERMIT FOR 64 RVS AND GRANT A

VARIANCE TO TABLE 10-2 OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE

FACILITIES AT 690 HILLSIDE TERRACE, BUDA, TEXAS 78610

Hill Commercial Dev, LLC is proposing an On-Site Sewage System to serve 64 RV sites. This 30.56 acre tract of land will be served by a public water system. The system designer has designed a non-standard treatment system. After treatment, the effluent will be disposed via low-pressure pipe for a maximum daily rate of 2640 gallons The system designer, Travis Weiser, P.E., is requesting a variance to Table 10-2 of the Hays County Rules for OnSite Sewage Facilities which requires 20 foot property line setbacks from effluent disposal areas. His justification for the variance request is that the "TCEQ has a 5 foot property line to disposal area…, this system has secondary treatment reducing the organic load…, and the adjoining property is a middle school that appears unlikely to be used as a single family development with septic systems adjoining our proposed system." The designer has proposed the disposal area to be 10 feet from the property line. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize On-Site Sewage System Permit for 64 RVs and grant a variance to Table 10-2 of the Hays County Rules for On-Site Sewage Facilities at 690 Hillside Terrace, Buda, Texas 78610. All present voting “Aye”. MOTION PASSED



PROJECT BIG HAT. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – was pulled




Clerk’s Note Agenda Item #32 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE

BURN BAN AND/OR DISASTER DECLARATION. – was pulled






– was pulled

ADJOURNMENT A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adjourn court at 12:16 p.m.


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proceedings had by the Hays County Commissioners’ Court on May 7, 2019.

ELAINE H. CÁRDENAS, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS


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STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 10TH DAY OF MAY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY,

TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:






THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE SUBMITTAL OF A

GRANT APPLICATION TO THE TEXAS INDIGENT DEFENSE COMMISSION TO FUND A PUBLIC DEFENDERS OFFICE IN HAYS COUNTY This is a special meeting and a follow up from Tuesday, May 7, 2019, Commissioners Court meeting. Roland Saucedo, resident of San Marcos, Rodrigo Amaya, resident of San Marcos, Eric Martinez, resident of San Marcos, L. Tim Bauerkemper Jr., resident of San Marcos, Chevo Pastrano, resident of Kyle, Beatnz Gomez, resident of San Marcos, and Tara Racine all made public comments. Chief of Staff Alex Villalobos spoke and gave statistical information and read a letter from Amanda Erwin, Jeff Berkhard of TDIC spoke and answered questions from Commissioner Smith, Commissioner Shell, Commissioner Jones, Commissioner Ingalsbe, and Judge Becerra. County Court at Law # 3, Judge Tacie Zelhart spoke and also read a letter from Judge Steel. The letter was not in support to move the grant application. JP Pct. 5, Scott J. Cary spoke and gave information of the current process. A motion was made by Judge Becerra to grant the application. Motion died for lack of second. MOTION FAILED







HAYS COUNTY, TEXAS


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STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 14TH DAY OF MAY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY,




LON A. SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4


WITH COMMISSIONER, PCT. 1, DEBBIE GONZALES INGALSBE, BEING ABSENT AND THE

FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Vilma Resendiz gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Rodrigo Amaya, resident of San Marcos spoke of his belated brother and the Commissioners Court Special Meeting held on Friday, May 10, 2019. Dan Lyon, resident of San Marcos, spoke of disbursements. Harvey Jenkins, resident of San Marcos spoke about the recent shooting near his home. Sam Brannon, resident of San Marcos spoke of election office. Christin Hearne, resident of Austin spoke of budget and Criminal Justice. Jon Leonard resident of San Marcos, spoke of the Commissioners Court Special Meeting held on Friday, May 10, 2019. David Crowell, resident of Kyle spoke of censorship.

33857 ADOPT A PROCLAMATION DECLARING MAY 2019 AS HAYS

COUNTY ELDER ABUSE PREVENTION AWARENESS MONTH

Adult Protective Services of Hays County Caseworker, Evelyn Johnson, spoke. A motion was made by Commissioner Shell, seconded by Commissioner Jones to adopt a proclamation declaring May 2019 as Hays County Elder Abuse Prevention Awareness Month. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve payments of County invoices in the amount of $1,387,290.83, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve payments of Juror checks in the amount of $2,072.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


CLAIMS

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the payment of United Healthcare claims in the amount of $600,967.10, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED

33861 APPROVE COMMISSIONERS COURT MINUTES OF MAY 7, 2019

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Commissioners Court Minutes of May 7, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

33862 APPROVE UTILITY PERMITS A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Utility Permit # 1138 located on 1601 Springlake Drive issued to Oak Wilt Specialist of Texas as submitted by the Transportation Director. All present voting “Aye”. MOTION PASSED


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33863 APPROVE OUT OF STATE TRAVEL FOR DEPUTY ZACH MILLER TO ATTEND THE LAW ENFORCEMENT TOTAL BREACHING COURSE IN BYHALIA, MISSISSIPPI

Rodrigo Amaya, resident of San Marcos, made public comment. Approval for out of state travel is needed to send Deputy Zach Miller to attend the Law Enforcement Total Breaching Course in Byhalia, Mississippi beginning August 26-30, 2019. Deputy Miller is on the Hays County SWAT Team. During this training, Deputy Miller will learn all facets of mechanical, thermal, power tool, ballistic and explosive breaching techniques. Upon successfully completing this course, Deputy Miller will possess the knowledge to correctly identify the most suitable method of entry for a given target, the skill to conduct a 100% positive breach, and become a certified high energy breacher. Funding for registration, travel and miscellaneous fees will be funded by the Sheriff's Office LEOSE Account; per diem will be funded from the Sheriff's Office Continuing Education ledger. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve out of state travel for Deputy Zach Miller to attend the Law Enforcement Total Breaching Course in Byhalia, Mississippi. All present voting “Aye”. MOTION PASSED

33864 APPROVE AN AMENDED RESOLUTION OF SUPPORT FOR DEDICATING A SECTION OF HIGHWAY 290 IN HONOR OF VETERAN JOHN A. MCCARTY

This is an amendment to the original resolution passed by the Court on December 18, 2018. The wording in this item give the exact location of the portion being dedicated from point to point whereas the original resolution did not. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve an amended resolution of support for dedicating a section of Highway 290 in honor of veteran John A. McCarty. All present voting “Aye”. MOTION PASSED

33865 APPROVE SPECIFICATIONS FOR RFP 2019-P05 EMPLOYEE ASSISTANCE PROGRAM AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE

A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve specifications for RFP 2019-P05 Employee Assistance Program and authorize Purchasing to solicit for proposals and advertise. All present voting “Aye”. MOTION PASSED

33866 APPROVE BONDS TO THE GOVERNOR OF TEXAS AND TO THE

HAYS COUNTY JUDGE FOR NEWLY APPOINTED TAX ASSESSOR

COLLECTOR, PER TEXAS TAX CODE SECTION 6.28(A); AND AUTHORIZE PAYMENT OF BONDS TO WALDRIP INSURANCE

WHERE NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY

Dan Lyon, resident of San Marcos, made public comment. Jennifer O’Kane spoke. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve e bonds to the Governor of Texas and to the Hays County Judge for newly appointed Tax Assessor Collector, per Texas Tax Code Section 6.28(a); and authorize payment of bonds to Waldrip Insurance where no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33867 APPROVAL TO PRE-QUALIFY THIRTEEN (13) RESPONDENTS FOR

RFQ 2019-P04 RELATED TO BOND UNDERWRITING SERVICES AND AUTHORIZE THE COUNTY AUDITOR AND COUNTY FINANCIAL ADVISOR TO SELECT QUALIFIED FIRMS FOR FUTURE BOND

SALES A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve to Pre-Qualify thirteen (13) respondents for RFQ 2019-P04 related to Bond Underwriting Services and authorize the County Auditor and County Financial Advisor to select qualified firms for future bond sales. All present voting “Aye”. MOTION PASSED

33868 APPROVAL TO PRE-QUALIFY ALL RESPONDENTS FOR RFQ 2019-

P04 RELATED TO PUBLIC IMPROVEMENT DISTRICT (PID) BOND UNDERWRITING SERVICES AND AUTHORIZE THE COUNTY AUDITOR AND COUNTY FINANCIAL ADVISOR TO SELECT

QUALIFIED FIRMS FOR FUTURE BOND SALES A motion was made by Commissioner Smith , seconded by Commissioner Shell to approve Pre-Qualify all respondents for RFQ 2019-P04 related to Public Improvement District (PID) Bond Underwriting


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Services and authorize the County Auditor and County Financial Advisor to select qualified firms for future bond sales. All present voting “Aye”. MOTION PASSED

33869 APPROVE THE AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES AND SUBMITTAL OF EXHIBIT “A” FOR APPROVAL WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE PROPOSED

UNION PACIFIC RAILROAD COMPANY KYLE SIDING RELOCATION PROJECT; AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE

THE AGREEMENT ON BEHALF OF HAYS COUNTY Lila Knight, resident of Kyle spoke. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the Agreement for Preliminary Engineering Services and Submittal of Exhibit “A” for Approval with the Union Pacific Railroad Company for the Proposed Union Pacific Railroad Company Kyle Siding Relocation Project; and authorize the County Judge to execute the Agreement on behalf of Hays County. All present voting “Aye”. MOTION PASSED

DISCUSSION AND POSSIBLE ACTION TO REQUEST THAT THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) INITIATE THE PROCESS TO REMOVE THE FM 150 CORRIDOR STUDY PROJECT FROM FM 2770 TO I-35

FROM THE AMENDED PARTNERSHIP PROGRAM ADVANCE FUNDING AGREEMENT BETWEEN TXDOT AND HAYS COUNTY AND TO REQUEST THAT

TXDOT PROVIDE COPIES OF ALL WORK PRODUCT CONDUCTED AND COMPLETED TO DATE AS PART OF THE FM 150 CORRIDOR STUDY PROJECT FROM FM 2770 TO I-35 ENVIRONMENTAL DOCUMENTATION PROCESS

CURRENTLY UNDERWAY AND MANAGED BY TXDOT Lila Knight, resident of Kyle spoke. David Cromwell, resident of San Marcos spoke. A motion was made by

Commissioner Smith, seconded by Commissioner Jones to table the item. All present voting “Aye”.

MOTION PASSED

33870 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $498,335.55

FOR REUNION RANCH PHASE 3, SECTION 3 (BOND # SU1156156) A motion was made by Commissioner Smith, seconded by Commissioner Jones to accept accept fiscal surety for the construction of street and drainage improvements in the amount of $498,335.55 for Reunion Ranch Phase 3, Section 3 (Bond # SU1156156). All present voting “Aye”. MOTION PASSED

33871 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE

HEAVY EQUIPMENT RELATED TO ROAD MAINTENANCE AND REPAIRS AND AMEND THE BUDGET ACCORDINGLY

Transportation Director, Jerry Borcherding spoke. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the Transportation Department to purchase heavy equipment related to road maintenance and repairs and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33872 SUB-1235; HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO

APPROVE FINAL PLAT OF THE REPLAT OF LOT 6, HILLVIEW ADDITION SUBDIVISION

Judge Becerra opened the public hearing. No public input was received. Judge Becerra closed the public hearing. County Planner, Marcus Pacheco spoke and gave staff recommendation. A motion was made by Commissioner Smith, seconded by Commissioner Shell to hold a public hearing with possible action to approve final plat of SUB-1235; Hillview Addition, Replat of Lot 6. All present voting “Aye”. MOTION PASSED


FINAL PLAT FOR THE FARMHOUSE ON ELDER HILL II SUBDIVISION


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County Planner, Marcus Pacheco spoke and gave staff recommendation. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve Final Plat of SUB-1248; Farmhouse on Elder Hill II Subdivision. All present voting “Aye”. MOTION PASSED

33874 SUB-1175; DISCUSSION AND POSSIBLE ACTION TO APPROVE FINAL PLAT FOR THE EPPRIGHT ADDITION SUBDIVISION

County Planner, Marcus Pacheco spoke and gave staff recommendation. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve Final Plat of SUB -1175; Eppright Addition Subdivision. All present voting “Aye”. MOTION PASSED

33875 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT RELATED TO THE CITY OF KYLE TAX REINVESTMENT ZONE NO.2

Mayor of Kyle, Travis Mitchell Commissioner Jones, Commissioner Shell and General Counsel, Mark Kennedy spoke. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the County Judge to execute an Interlocal Agreement related to the City of Kyle Tax Reinvestment Zone No.2. All present voting “Aye”. MOTION PASSED

33876 ACCEPT A DEDICATION OF APPROXIMATELY 211 SQUARE FEET OF RIGHT OF WAY IN SUNSET CANYON, SECTION FIVE; AND TO

ADOPT A RESOLUTION RELATED TO THE COUNTY'S USE OF THAT RIGHT OF WAY

Commissioner Smith and General Counsel, Mark Kennedy spoke. A motion was made by Commissioner Smith, seconded by Commissioner Shell to accept a dedication of approximately 211 square feet of Right of Way in Sunset Canyon, Section Five; and to adopt a resolution related to the County's use of that Right of Way. All present voting “Aye”. MOTION PASSED

DISCUSSION AND UPDATE RELATED TO THE 2016 ROAD BOND ISSUANCE

TIMELINE Dan Wagmiller, Financial Advisor spoke. The time line is presented in backup. No Action was taken.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND

DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT BIG HAT

Court convened into Executive Session 10:21a.m. and reconvened into open court at 10:25a.m. In Executive Session were Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell and Legal Support Services Specialist, Janice Jones. No action taken.




DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION

Judge Becerra gave the update. No Burn Ban.




DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING

UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW.


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Harvey Jenkins, resident of San Marcos, made public comment. Commissioner Shell spoke. No Action Taken.

DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO

INCLUDE CURRENT POPULATION COUNTS AND COSTS. Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. The jail’s daily average was 543 and peak was 538 for the week of May 5

th to May 11

th,

2019. Estimated cost for outsourcing inmates this week as $79,360.00 The average number of outsourced males is 223 and females are 1. This week’s inmates were housed in the following counties: Bell, Burnet, Caldwell, McLennan, Limestone and Walker.







HAYS COUNTY, TEXAS


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STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 21ST DAY OF MAY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY,







THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Tanya Kinney gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Dan Lyon, resident of San Marcos spoke of GSM Luncheon. Rodrigo Amaya, resident of San Marcos spoke of and courtroom demeanor. Kate Johnson spoke of the Buck Winn Murals. PRESENTATION OF HAYS COUNTY SERVICE AWARDS


Awards – Sheriff’s Office – Jason Christopher Hatch, Sheriff’s Office – Cody Rowden, Sheriff’s Office – Robert

Kyle Blanchard, Transportation – Jason Patrick Flores, District Courts – Robin M. Clark, Treasure’s Office –

Roxanne Castillo, 10 – Year Service Awards – Sheriff’s Office, Leonard Gonzalez, Constable Pct. 3 Office –

Cody Cheatham, JP Pct. 1-1 – Angela Marie Hernandez, 15 Year Service Awards – Sheriff’s Office, John Lewis

Spitzer, Transportation – William Mark Doran, 20 Year Service Awards – Sheriff’s Office – Mark Ryan Opiela,

Sheriff’s Office – Samuel Ortiz, 25 – Year Service Awards – Ryan T. Puryear, Development Services –Yolanda

S. Sanchez, 35 – Year Service Awards – Development Services, Thomas R. Pope, Retirement – Juvenile

Probation, Mary Ann DeLeon, Sheriff’s Office –Enrique Alvarez, Sheriff’s Office – Jaimie Page, Human

Resources –Rebecca Mullen, District Court –Judge Brenda Smith, and JP Pct. 3 – Sylvia Segura.

33877 ADOPT A PROCLAMATION DECLARING MAY 7, 2019 AS ANITA MILLER DAY

Dianne Wassenick spoke. Commissioner Ingalsbe spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a proclamation declaring May 21, 2019 as Anita Miller Day. All present voting “Aye”. MOTION PASSED

UPDATE BY CHARLIE CAMPISE ON THE MAY 7, 2019 HILL COUNTRY MENTAL HEALTH

DEVELOPMENT DISABILITIES BOARD MEETING

Charlie Campise, Hays County representative of the Hill Country Mental Health Developmental Disabilities Board gave an update on the mental health development disabilities meeting that was held on May 7, 2019. Commissioner Smith spoke on funding for CISD in Dripping Springs for Mental Health. 33878 APPROVE PAYMENTS OF COUNTY INVOICES

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve payments of County invoices in the amount of $5,736,452.82, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve payments of Juror checks in the amount of $10,294.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve the payment of United Healthcare claims in the amount of $215,710.73, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


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33881 APPROVE COMMISSIONERS COURT MINUTES OF MAY 10, 2019 & MAY 14, 2019

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve Commissioners Court Minutes of May 10, 2019 & May 14, 2019. All present voting “Aye”. MOTION PASSED

33882 APPROVE THE PAYMENT OF THE MAY 31, 2019 PAYROLL DISBURSEMENTS IN

AN AMOUNT NOT TO EXCEED $3,575,000.00 EFFECTIVE MAY 31, 2019 AND



A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the payment of the May 31, 2019 payroll disbursements in an amount not to exceed $3,575,000.00 effective May 31, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

33883 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 3 MOBILE HOMES

LOCATED AT 507 DICKERSON ROAD, KYLE, TEXAS 78640

Jose Velazquez & Juana Cardenas are proposing an On-Site Sewage Facility for 3 mobile homes located at 507 Dickerson Road in Kyle. This property is Lot 27 of Block 17 in Section 3 of the Green Pastures Subdivision and will be served by a public water supply. The system designer, Jim Conner, R.S., has designed a standard treatment system. After treatment, the effluent will be disposed via low-pressure pipe for a maximum daily rate of 720 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize On-Site Sewage Facility permit for 3 mobile homes located at 507 Dickerson Road, Kyle, Texas 78640. All present voting “Aye”. MOTION PASSED

33884 APPROVE RENEWAL OF IFB 2017-B06 A/C & HEATING SERVICES WITH SI

MECHANICAL, LLC FOR ONE (1) ADDITIONAL YEAR AS STATED IN THE

ORIGINAL BID

All terms and conditions remain unchanged and in full force and effect as stated in the original bid. Attachment: Contract Renewal Letter. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve renewal of IFB 2017-B06 A/C & Heating Services with SI Mechanical, LLC for one (1) additional year as stated in the original bid. All present voting “Aye”. MOTION PASSED

33885 APPROVE ON-SITE SEWAGE FACILITY PERMIT FOR 2 LONG-TERM RENTAL

MOBILE HOMES AND AN RV AT 199 FRED TRIMBLE RD, DRIFTWOOD, TX

Tomasz Johannsen is proposing an On-Site Sewage System to serve two mobile homes for long-term rental and an RV. This 50.61 acre tract of land is not located within a recorded subdivision and will be served by a private well. The system designer, Stan Burrier, P.E., has designed a low pressure dosed system. The system consists of one dual compartment 1000 gallon tank, one dual compartment 1250 gallon tank, one 1000 gallon pump tank and will be dispersed through low pressure dosed lines for a maximum daily rate of 530 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve On-Site Sewage Facility Permit for 2 long-term rental mobile homes and an RV at 199 Fred Trimble Rd, Driftwood, TX. All present voting “Aye”. MOTION PASSED

33886 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE U.S.

DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE FOR THE FY

2019 FUNDING UNDER THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM

(SCAAP)

Director of Countywide Operations, Tammy Crumley, spoke. The County receives funding for the State Criminal Alien Assistance Program (SCAAP) to offset jail operations expenses associated with incarceration of undocumented criminal aliens. Amount awarded in FY 2019 will be determined based on the inmate data submitted with the application. The application is submitted electronically and is due on or before May 23, 2019. The Grant application will be emailed separately to the Court as additional information was not available at the time the agenda went to be posted. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the submission of a grant application to the U.S. Department of Justice, Bureau of Justice Assistance for the FY 2019 funding under the State Criminal Alien Assistance Program (SCAAP). All present voting “Aye”. MOTION PASSED


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33887 RATIFY THE COUNTY JUDGE'S EXECUTION OF AN APPLICATION FOR

PARTICIPATION IN THE TEXAS 1033 SURPLUS PROPERTY PROGRAM BY THE HAYS COUNTY

SHERIFF'S OFFICE

Commissioner Smith and Commissioner Shell spoke. The application and related documents for the 1033 Surplus Property Program are attached. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to ratify the County Judge's execution of an application for participation in the Texas 1033 Surplus Property Program by the Hays County Sheriff's Office. All present voting “Aye”. MOTION PASSED


Permit #: 1139 Road Name: Woodcreek Subdivision Utility Company: Spectrum. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Utility Permit # 1139 located on Woodcreek Subdivision issued to Spectrum, as presented by the Transportation Director. All present voting “Aye”. MOTION PASSED

33889 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO ACCEPT $4,285 IN

ADDITIONAL GRANT FUNDING FROM THE TEXAS JUVENILE JUSTICE

DEPARTMENT (TJJD) FOR PRE & POST ADJUDICATION SERVICES AND AMEND


The Texas Juvenile Justice Department awarded the Hays County Juvenile Probation Department an additional $4,285 for expenses related to program audit services. Funds may be utilized for the Juvenile Detention Facility to contract for the Prison Rape Elimination Act (PREA) Audit as required by the TJJD standards. No County matching funds are required. Budget Amendment: Increase .5448 Contract Services Increase .4301 Intergovernmental Revenue. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Juvenile Probation Department to accept $4,285 in additional grant funding from the Texas Juvenile Justice Department (TJJD) for Pre & Post Adjudication Services and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33890 ACCEPT THE FISCAL YEAR 2018 HAYS COUNTY EMERGENCY SERVICES

DISTRICT #2 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082

Texas Health and Safety Code 775.082 requires that the District prepare and file with the Commissioners Court by June 1 of each year an audit report of the district's fiscal accounts and records. The District's Audit Report is attached. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to accept the Fiscal Year 2018 Hays County Emergency Services District #2 Audit Report per Texas Health and Safety Code 775.082. All present voting “Aye”. MOTION PASSED

33891 AUTHORIZE THE EXECUTION OF A SECOND AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH MARIAH REHMET AND ARIANA

REHMET FOR PRODUCTION SERVICES RELATED TO THE 2015 MEMORIAL DAY

FLOOD DOCUMENTARY

On July 11, 2017 the Court authorized the Historical Commission to utilize donated funds for the production of a Documentary- related to the 2015 Memorial Day Flood. The first amendment to the PSA authorized additional time to finalize this project: - however, due to unforeseen events the contractor is requesting a second time extension. No additional funds are requested. Attachment: Second Amendment to PSA (time extension only). Current contract end date: May 31, 2019. New contract end date: May 31, 2020. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the execution of a Second Amendment to the Professional Services Agreement with Mariah Rehmet and Ariana Rehmet for production services related to the 2015 Memorial Day Flood Documentary. All present voting “Aye”. MOTION PASSED

33892 AUTHORIZE THE PARKS DEPARTMENT TO PURCHASE EQUIPMENT AND

LANDSCAPING MATERIALS FOR THE GAY RUBY DAHLSTROM NATURE

PRESERVE AND AMEND THE BUDGET ACCORDINGLY

Dan Lyon, resident of San Marcos, spoke on money spent on park shed. Director of Countywide Operations, Tammy Crumley, spoke and gave clarification on UTV. The Parks Department would like to purchase one AED unit, a Resin Utility Storage Shed, a Kawasaki Mule SX 4x4, and five trees native to central Texas. The AED unit will be kept in the Dahlstrom visitor center and used in the event of an emergency. The storage shed will be used on the property to store equipment and tools used to maintain the preserve. The Mule will be used by the Park staff to do routine property inspections and also to evacuate visitors if injured while on the property. The


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trees will be planted in the front entry of the preserve as a way to revegetate after construction and to give shade to visitors. *Attached - AED Quote - Shed Quote - Mule Quote - Tree Quote, Budget Amendment: $1,308 - AED - Increase .5719_400 $1,399 - Shed - Increase .5719_400 $8,043 - UTV Mule - Increase .5713_700 $ 750 - Trees - Increase .5391 ($11,500) - Decrease Contract Services .5448. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the Parks Department to purchase equipment and landscaping materials for the Gay Ruby Dahlstrom Nature Preserve and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33893 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT WITH

DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE FY2020/2021

REGIONAL LOCAL SERVICES SYSTEM/LOCAL PUBLIC HEALTH SYSTEM

(RLSS/LPHS) IN THE AMOUNT OF $102,926.00

Director of Countywide Operations, Tammy Crumley, spoke. On February 26, 2019, the Commissioners' Court authorized submission of a grant application to the Department of Health Services (DSHS) for the RLSS/LPHS grant program. Funds will be used to provide partial support of the salary and benefits of the Community Health RN supervisor over a two-year period. No matching funds are required. Grant funds will be budgeted during the FY20 budget process. Grant Period: 09/01/2019-08/31/2021 Contract Number: HHS000485600019 Attachment: DSHS RLSS/LPHS Contract. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a contract with Department of State Health Services (DSHS) for the FY2020/2021 Regional Local Services System/Local Public Health System (RLSS/LPHS) in the amount of $102,926.00. All present voting “Aye”. MOTION PASSED

33894 AUTHORIZE PRE-PAYMENT OF SERVICES TO PEDERNALES ELECTRIC

COOPERATIVE, INC. (PEC) FOR THE PARKS DEPARTMENT RELATED TO

UTILITY INSTALLATION AT THE GAY RUBY DAHLSTROM NATURE PRESERVE

Director of Countywide Operations, Tammy Crumley, spoke. Due to policy set by PEC, utility installation at the Gay Ruby Dahlstrom Nature Preserve must be paid for in advance of the work commencing. Request to issue payment prior to services received. ** PEC Invoice and PO Attached. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize pre-payment of services to Pedernales Electric Cooperative, Inc. (PEC) for the Parks Department related to utility installation at the Gay Ruby Dahlstrom Nature Preserve. All present voting “Aye”. MOTION PASSED

33895 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE

DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE ASSISTANCE, BULLETPROOF

VEST PARTNERSHIP (BVP) TO PURCHASE BULLETPROOF VESTS FOR COUNTY

LAW ENFORCEMENT OFFICERS

Director of Countywide Operations, Tammy Crumley, spoke. The grant application is for the assistance in purchasing bulletproof vests for County law enforcement officers. The grant program provides a reimbursement cost of 50% of each vest purchased. The application includes provisions for both new officers and the replacement of existing bulletproof vests. Vests are replaced based on a five-year usable protective wear cycle. We will be requesting up to 38 vests. Current costs of each vest are $698.32 for males and $628.32 for females. The total grant award is $26,536.16, with 50% matching funds allocated accordingly. Submission of the application is done electronically and is due on May 28, 2019. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the submission of a grant application to the Department of Justice, Office of Justice Assistance, Bulletproof Vest Partnership (BVP) to purchase bulletproof vests for County law enforcement officers. All present voting “Aye”. MOTION PASSED

33896 AUTHORIZE THE CONSTABLE PRECINCT 2 OFFICE TO PURCHASE ONE MOTOR-

ONE WIRELESS HELMET SYSTEM WITH SHOULDER MIC AND AMEND THE

BUDGET ACCORDINGLY

Dan Lyon, resident of San Marcos, spoke about the safety of motorcycles for police officer vehicles. He also spoke on the cost of the helmet and suits for motorcycle users. Commissioner Jones and Commissioner Smith spoke about efficiency of motorcycle officers. The Constable would like authorization to purchase a helmet communications kit to be utilized by the motor officer for safety purposes. Funds are available within their operating budget for this purchase. Attachment: PVP Communications Quote Budget Amendment: Decrease Law Enforcement Supplies - .5206 Increase Communication Equipment_Ops - .5715_400. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the Constable Precinct 2 Office to purchase one Motor-One Wireless Helmet System with Shoulder Mic and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33897 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FIRST AMENDMENT TO CITY

OF DRIPPING SPRINGS, COUNTY OF HAYS, DRIPPING SPRINGS INDEPENDENT

SCHOOL DISTRICT, AND DRIPPING SPRINGS LIBRARY BOARD AGREEMENT


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REGARDING EXTENSION AND CLARIFICATION OF THE COST ALLOCATION AND

REIMBURSEMENT FOR THE DRIPPING SPRINGS TAX INCREMENT

REINVESTMENT ZONE NUMBER ONE AND TAX INCREMENT REINVESTMENT

ZONE NUMBER TWO

Commissioner Smith spoke. Modifications made to the Cost Allocation and Reimbursement Agreement do not affect Hays County's participation in the 2 Dripping Springs TIRZs. The modifications are being proposed to clarify what portions of the project(s) can be paid by and/or reimbursed to DSISD. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a First Amendment to City of Dripping Springs, County of Hays, Dripping Springs Independent School District, and Dripping Springs Library Board Agreement Regarding Extension and Clarification of the Cost Allocation and Reimbursement for the Dripping Springs Tax Increment Reinvestment Zone Number One and Tax Increment Reinvestment Zone Number Two. All present voting “Aye”. MOTION PASSED

33898 ACCEPT AN IN-KIND DONATION FROM HERITAGE TREE CARE RELATED TO

TREE CARE SERVICES AT THE HAYS COUNTY GOVERNMENT CENTER LOCATED

AT 712 S. STAGECOACH TRAIL, SAN MARCOS, TEXAS AND AMEND THE

BUDGET ACCORDINGLY

Commissioner Ingalsbe spoke. Heritage Tree Care will provide services at a value of $10,400 for the purpose of improving the growing conditions of the transplanted trees located in the front of the Hays County Government Center. In addition, Heritage Tree Care will also provide up to 20 hours of consulting services valued at $125 per hour, on an as needed basis to facilitate staff access to an arborist firm for all tree related matters. Total Value of Services to be provided: $12,900 Budget Amendment: Increase Revenue: .4610 Contributions Increase Expense: .5448 Contract Services. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Accept an in-kind donation from Heritage Tree Care related to tree care services at the Hays County Government Center located at 712 S. Stagecoach Trail, San Marcos, Texas and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


AGREEMENT (PSA) BETWEEN HAYS COUNTY AND PAPE-DAWSON FOR THE

DESIGN OF INTERSECTION IMPROVEMENTS AT FISCHER STORE ROAD AND FM

2325

Transportation Director, Jerry Borcherding spoke. This effort will provide needed additional funds to complete the design of the intersection. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Pape-Dawson for the design of intersection improvements at Fischer Store Road and FM 2325. All present voting “Aye”. MOTION PASSED

33900 ACTION TO SELECT COBB-FENDLEY, INC. FOR UTILITY COORDINATION ON

LOW WATER CROSSINGS IN PCT. 1 AND PCT. 2 AND AUTHORIZE STAFF AND

COUNSEL TO NEGOTIATE A CONTRACT

Commissioner Ingalsbe spoke about the flooding issues. This effort will address relocation of utilities at low water crossings in Pct. 1 and Pct. 2. Specific locations are: Chaparral Park Road, Bunton Lane – 3 crossings, Grist Mill Road, Cotton Gin Road, Francis Harris Lane, and Turnersville Road. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to select Cobb-Fendley, Inc. for utility coordination on low water crossings in Pct. 1 and Pct. 2 and authorize staff and counsel to negotiate a contract. All present voting “Aye”. MOTION PASSED

33901 SUB-1116; HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO APPROVE

FINAL PLAT OF THE REPLAT OF LOTS 1,3,4, 8 & 9, FAMILY TREE SUBDIVISION

Judge Becerra opened the public hearing. No public input. Judge Becerra closed the public hearing. County Planner Marcus Pacheco spoke. Family Tree Subdivision is a recorded subdivision located off of Fitzhugh Road and Preslar Circle in Precinct 4. The proposed re-plat will remove the plat note from the original Family Tree plat restricting TCEQ (then TNRCC) prohibited activities. It will also propose the following: -Revise the boundary of Lot 4, creating Lot 4-A. -Split Lot 3 into two lots, creating Lot 3-A and 3-B. -Combine Lot 8 and 9 to create Lot 8-A. Water service will be provided by private wells and/or rainwater collection. Wastewater treatment will be

accomplished by individual on-site sewage facilities. A motion was made by Commissioner Smith, seconded by Commissioner Shell to Hold a public hearing with possible action to approve final plat of SUB-116; the Replat of Lots 1,3,4, 8 & 9, Family Tree Subdivision. All present voting “Aye”. MOTION PASSED


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FINAL PLAT OF THE REPLAT OF LOT 4, LEGEND OAKS, SECTION TWO

SUBDIVISION

Judge Becerra opened the public hearing. No public input. Judge Becerra closed the public hearing. County Planner Marcus Pacheco spoke. Legend Oaks Section Two is a recorded subdivision located off of Nameless Road and FM 3237 in Precinct 3. The proposed re-plat will divide the 18.08 acre lot 4 into 7 lots. Water service will be provided by rainwater collection. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Shell, seconded by Commissioner Jones to Hold a public hearing with possible action to approve final plat of SUB 1220; the Replat of Lot 4, Legend Oaks, Section Two Subdivision. All present voting “Aye”. MOTION PASSED

33903 SUB-962; EL DORADO SUBDIVISION (12 LOTS). DISCUSSION AND POSSIBLE

ACTION TO APPROVE FINAL PLAT AND ACCEPT FISCAL SURETY

Director of Development Services, Caitlyn Strickland spoke. The proposed El Dorado Subdivision is a 52 lot subdivision located off of FM 21 in Precinct 2. The subdivision crossing three county boundaries: Hays, Travis, and Caldwell. Only 12 lots are going to be inside Hays County. The subdivision will be served by GoForth SUD. Wastewater service will be provided by individual on-site sewage facilities. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to table the item. All present voting “Aye”. MOTION PASSED

33904 AUTHORIZE RENEWAL OF HAYS COUNTY PROPERTY AND MOBILE EQUIPMENT

LIABILITY COVERAGE

HR Director, Shari Miller spoke on insuring the building and mobile equipment insurance. Lisa McKay from Texas Association of Counties spoke. Kelly Flores spoke. Commissioner Ingalsbe spoke. The annual Property and Mobile Equipment liability coverage is up for renewal with Texas Association of Counties (TAC) effective 7/1/19. The TAC Risk Management Consultant will discuss coverage details for the upcoming year. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize renewal of Hays County Property and Mobile Equipment liability coverage. All present voting “Aye”. MOTION PASSED

Clerk’s Note: Item # 31 RE: DISCUSSION AND POSSIBLE ACTION TO CONSIDER A VARIANCE FROM

SECTION 10 C-1 OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES AND GRANT A

DEVELOPMENT AUTHORIZATION TO THE OWNER OF A PORTION OF LOT 2A, BLOCK 11, SECTION 4

GREEN PASTURES SUBDIVISION. – was pulled

33905 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE A NON-

NUCLEAR DENSITY GAUGE FOR USE ON HOT MIX PAVING PROJECTS AND


Transportation Director, Jerry Borcherding spoke. The Transportation Department would like to purchase an instrument to be used for quality control testing of inhouse hot mix paving projects. Additionally, they received three quotes that were not comparable in functionality and request the Courts authorization to waive the three-quote requirement as required by the County Purchasing Policy. TransTech and Troxler are the only manufactures of these types of gauges in North America. Of those, only the TransTech PQI 380 fulfills the department's needs. TransTech is the sole supplier of the PQI 380 in Texas. Funds are available within the Transportation Department operating budget for this purchase. Attachment: Trans Tech Quote #100733 Budget Amendment: Increase 020-700-00.5719_700 - $8,967 Decrease 020-700-00.5351 Road Material & Supplies - ($8,967). A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the Transportation Department to purchase a non- nuclear density gauge for use on hot mix paving projects and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33906 ACTION TO EXECUTE A LETTER AGREEMENT BETWEEN THE HAYS COUNTY

VETERAN'S TREATMENT COURT AND AUSTIN RECOVERY, INC. RELATED TO A

RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY AND AMEND THE

BUDGET ACCORDINGLY

Commissioner Ingalsbe spoke. Assistant Auditor, Vickie Dorsett spoke. Austin Recovery-Hicks Family Ranch located in Buda, TX offers long and short-term intensive in-patient treatment for substance abuse disorders. The Texas Veteran's Commission has granted approval and grant funds will be utilized for all expenses. Attachment: Austin Recovery Letter Agreement Budget Amendment: Increase Telephone and Data Lines .5489 - $331 Increase Contract Services .5448 - $31,201 Decrease Staff Salaries .5021 - ($10,000) Decrease Medical .5160_400 - ($9,532) Decrease Continuing Education .5551 - ($12,000). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to execute a Letter Agreement between the


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Hays County Veteran's Treatment Court and Austin Recovery, Inc. related to a residential substance abuse treatment facility and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

Clerk’s Note: Item # 34 RE: DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY

JUDGE TO EXECUTE A LICENSE AGREEMENT RELATED TO THE COUNTY PROPERTY LOCATED AT

401 C BROADWAY STREET, SAN MARCOS, TX 78666. – was pulled


CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR

CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION


Court convened into Executive Session 11:09 a.m. and reconvened into open court at 11:38 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, HR Director, Shari Miller, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize General Counsel to execute an engagement letter with McGinnis Lochordge for legal services on an as – needed basis. All present voting “Aye”. MOTION PASSED

EXECUTIVE SESSION PURSUANT TO SECTION 557.071 OF THE TEXAS GOVERNMENT CODE:

CONSULTATION WITH COUNSEL REGARDING RFQ # OGC-2019-001 SPECIAL COUNSEL TO

HAYS COUNTY FOR OPIOID LITIGATION. POSSIBLE DELIBERATION AND/OR ACTION MAY


Court convened into Executive Session 11:09 a.m. and reconvened into open court at 11:38 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, HR Director, Shari Miller, and Legal Support Services Specialist, Janice Jones. No action taken. 33908 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE

TEXAS GOVERNMENT CODE CONSULTATION WITH COUNSEL AND

DELIBERATION REGARDING POSITIONS WITHIN THE HAYS COUNTY JAIL

DIVISION. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session 10:54 a.m. and reconvened into open court at 11:09 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff Alex, Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, County Auditor, Marisol Villarreal – Alonzo, Assistant County Auditor, Vickie Dorsett, HR Director, Shari Miller, Sheriff, Gary Cutler, Captain, Julie Villapando and Legal Support Services Specialist, Janice Jones. A motion was made by Judge Becerra, seconded by Commissioner Jones to add new positions within the Jail Division effective 6/1/2019 as presented: Add Five (5) New Correction Specialist, grade 109, Add Five (5) New Correction Officers, MBS 0, Add One (1) New Sergeant, MBS 13. Funds for the new positions are available in the Sheriff & Jail Division Operating budget due to attrition. All present voting “Aye”. MOTION PASSED


TEXAS GOVERNMENT CODE CONSULTATION WITH COUNSEL AND

DELIBERATION REGARDING POSITIONS WITHIN THE HAYS COUNTY DISTRICT

CLERK'S OFFICE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session 10:44 a.m. and reconvened into open court at 10:54 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Marisol Villarreal – Alonzo, Assistant County Auditor, Vickie Dorsett, HR Director, Shari Miller, District Clerk, Beverley Crumley, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Shell, seconded by Commissioner Smith to accept the proposed re-structure for the District Clerk’s Office effective 6/1/2019 as presented: Eliminate Bookkeeper, slot 0450-002, Re-grade Assistant District Clerk, slot 0410-001 from 113 to 114 with a 6% salary increase, Re-grade Chief Deputy Clerk, slot 0405-004 from 111 to 112 with a 6% salary increase, Create One (1) New Chief Deputy Clerk, grade 112, Create One (1) New Deputy II, grade 108. Funds for the re-structure are available in the District Clerk’s Operating budget due to attrition. All present voting “Aye”. MOTION PASSED


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Clerk’s Note: Item # 39 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND

THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE

COUNTY. POSSIBLE ACTION MAY FOLLOW. – was pulled


Judge Becerra gave the burn ban update. Burn ban will remain lifted.

Clerk’s Note: Item # 34 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS,

INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN

CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – was pulled

Clerk’s Note: Item # 42 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION

INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – was pulled



Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 547 and peak was 554 on May 16th for the week of May 12th to May 18th, 2019. Estimated cost for outsourcing inmates this week as $77,393.00. The average number of outsourced males is 218 and females are 2. This week’s inmates were housed in the following counties: Bell, Burnet, Caldwell, McLennan, Limestone and Walker.

ADJOURNMENT A motion was made by Commissioner Jones - to adjourn court at 11:41 a.m.





HAYS COUNTY, TEXAS


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Page 1 of 10

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 4TH DAY OF JUNE A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY,






WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CÁRDENAS COUNTY CLERK


Esperanza Baltazar gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. Clerk’s Note: Granicus live stream was not available from 9 a.m. to 10:45 a.m.

PUBLIC COMMENTS

Harvey Jenkins, resident of San Marcos spoke of County debt. Dan Lyon, resident of San Marcos spoke of Greater San Marcos Partnership. Rodrigo Amaya, resident of San Marcos spoke of the courthouse sidewalk. Jon Leonard, resident of spoke of the voting machine workshop being held today.

33910 ADOPT A PROCLAMATION DECLARING JUNE 2019 AS JUNETEENTH MONTH IN HAYS COUNTY

Rose Brooks spoke and invited the public to the upcoming Juneteenth events. Additional back up was given to the Court of the events. Constable Pct. 1, David Peterson spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a proclamation declaring June 2019 as Juneteenth Month in Hays County All present voting “Aye”. MOTION PASSED

33911 ADOPT A PROCLAMATION DECLARING JUNE 7, 2019 AS NATIONAL DONUT DAY FOR THE SALVATION ARMY

Roland Saucedo spoke on behalf of the Salvation Army. Historically, donuts were distributed by the Salvation Army during the WWI and they have carried on the tradition and will be distributing donuts to first responders in all of Hays County on June 7th. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to adopt a proclamation declaring June 7, 2019 as National Donut Day for the Salvation Army. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County invoices in the amount of $ 4,530,464.17, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED



Clerk’s Note: Agenda Item # 5 RE: APPROVE THE PAYMENT OF HUMANA AND UNITED HEALTHCARE CLAIMS. - was pulled

33914 APPROVE COMMISSIONERS COURT MINUTES OF MAY 21, 2019 A motion was made by Commissioner Inglasbe, seconded by Commissioner Jones to approve Commissioners Court Minutes of May 7, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED


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Page 2 of 10

33915 APPROVE THE PAYMENT OF THE JUNE 15, 2019 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,648,500.00 EFFECTIVE JUNE 14, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the payment of the June 15, 2019 payroll disbursements in an amount not to exceed $2,648,500.00 effective June 14, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

33916 AUTHORIZE THE PARKS DEPARTMENT TO PURCHASE AND INSTALL A

MINI-SPLIT HVAC SYSTEM IN THE VISITOR CENTER AT THE GAY RUBY DAHLSTROM NATURE PRESERVE

The Parks Department request authority to purchase and install a new Daikin Ductless Mini-Split 2-Ton Heat Pump System. This system will be installed in the visitor center at the Gay Ruby Dahlstrom Nature Preserve. Funds are available in the Park Bond Fund for this purchase. * SI Mechanical Quote Attached Budget Amendment: Increase .5719_700 - Misc. Equipment Capital Decrease .5448 - Contract Services. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to pull agenda item #8. All present voting “Aye”. MOTION PASSED

33917 AUTHORIZE THE HAYS COUNTY CONSTABLE, PCT. 4 OFFICE TO ENTER

INTO A STATE PLAN OF OPERATION AGREEMENT WITH THE STATE OF TEXAS TO RECEIVE CERTAIN EXCESS DEPARTMENT OF DEFENSE (DOD) PROPERTY UNDER THE LAW ENFORCEMENT SUPPORT OFFICE (1033 / LESO) PROGRAM ADMINISTERED BY THE DEFENSE LOGISTICS AGENCY (DLA)

Harvey Jenkins, resident of San Marcos, made public comment. Rodrigo Amaya, resident of San Marcos, made public comment. Commissioner Smith spoke of the recent flooding in Dripping Springs and would like the county to have a vehicle in the future to assist the public during a flood. Constable Pct. 4, Ron Hood discussed the importance of purchasing a vehicle in the future. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the Hays County Constable, Pct. 4 Office to enter into a State Plan of Operation Agreement with the State of Texas to receive certain excess Department of Defense (DOD) property under the Law Enforcement Support Office (1033 / LESO) Program administered by the Defense Logistics Agency (DLA). All present voting “Aye”. MOTION PASSED

33918 RATIFY THE PURCHASE AND INSTALLATION OF A NEW HVAC UNIT

LOCATED IN THE KYLE WIC BUILDING AND AMEND THE BUDGET ACCORDINGLY

The Building Maintenance department had a failed HVAC unit replaced with a York 2.5-Ton Air Handler System located in the Kyle WIC building. Funding is available in the maintenance and repair budget for this replacement equipment. Attachment: SI Mechanical Quote Budget Amendment: Decrease 001-695-00.5451 Building Maintenance and Repair ($8,100) Increase 001-695-00.5719_700 Miscellaneous Equipment Capital Outlay $8,100. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to ratify the purchase and installation of a new HVAC unit located in the Kyle WIC building and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33919 APPROVE ON-SITE SEWAGE FACILITY PERMIT FOR 2 LONG-TERM

RENTAL MOBILE HOMES AT 199 FRED TRIMBLE RD, DRIFTWOOD, TX Director of Development Services, Caitlyn Strickland spoke and gave staff recommendation. Tomasz Johannsen is proposing an On-Site Sewage System to serve two mobile homes for long-term rental. This 50.61 acre tract of land is not located within a recorded subdivision and will be served by a private well. The system designer, Stan Burrier, P.E., has designed a low pressure dosed system. The system consists of two 1000 gallon tanks, one 1000 gallon pump tank and will be dispersed through low pressure dosed lines for a maximum daily rate of 480 gallons. A motion was ma de by Commissioner Smith, seconded by Commissioner Jones to approve On-Site Sewage Facility Permit for 2 long-term rental mobile homes at 199 Fred Trimble Rd, Driftwood, TX. All present voting “Aye”. MOTION PASSED


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33920 ACCEPT A DONATION OF $750.00 TO THE SHERIFF'S OFFICE COMMUNITY OUTREACH DIVISION AND AMEND THE BUDGET ACCORDINGLY

Rodrigo Amaya, resident of San Marcos, made public comment. The Sheriff's Office Community Outreach Division received a donation of $750.00 from the San Marcos Lions Club. The Lions Club is requesting for the donation to be used towards supplies and materials for the 2019 Jr. Deputy program. Budget Amendment Special Projects Fund Increase 052-618-00.4610 Contributions $750.00 Increase 052-618-00.5222 Crime Prevention $750.00. A motion was made by Commissioner Shell, seconded by Commissioner Smith to accept a donation of $750.00 to the Sheriff's Office Community Outreach Division and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33921 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT WITH THE

DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE FY20 TUBERCULOSIS PREVENTION AND CONTROL - STATE GRANT PROGRAM (TB/PC-STATE) IN THE AMOUNT OF $25,875

On February 5, 2019 the Commissioners' Court authorized submission of a grant application to the DSHS for the FY20 TB/PC-State. Funds will be used to provide support to the local health department for the identification and treatment of those persons with, or who have been exposed to tuberculosis. The state allocation amount is $25,875, with a cash match of 20% in the amount of $5,175 from the County for participation in the program, for a combined total amount of $31,050. Grant funds will be budgeted during the FY20 budget process. Grant Period: 09/01/2019 - 08/31/2020 Contract Number: HHS000486300001 Attachment: DSHS Tuberculosis Prevention and Control - State Grant Program Contract. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a contract with the Department of State Health Services (DSHS) for the FY20 Tuberculosis Prevention and Control - State Grant Program (TB/PC-State) in the amount of $25,875. All present voting “Aye”. MOTION PASSED

33922 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE AMENDED AND

RESTATED INTERLOCAL AGREEMENT BY AND BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS REGARDING THE HAYS COUNTY

NARCOTICS TASK FORCE

Rodrigo Amaya, resident of San Marcos, made public comment. This Amended and Restated Interlocal Agreement is simply to update operating procedures and composition of the HCNTF since the last Agreement was executed. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute the Amended and Restated Interlocal Agreement by and between Hays County and the City of San Marcos Regarding the Hays County Narcotics Task Force. All present voting “Aye”. MOTION PASSED

33923 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR OFFICE BUILDING

AT 210 FM 2001, BUDA, TEXAS 78610

LSH Properties, LLC is proposing an On-Site Sewage System to serve an insurance office building, which has a failing septic system. The system is designed to accommodate up to 24 employees and customers. This 0.703- acre tract of land is Lot B in the Santa Cruz subdivision and will be served by a public water supply. The system designer, Dave McGhee, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via drip irrigation tubing for a maximum daily rate of 300 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for office building at 210 FM 2001, Buda, Texas 78610. All present voting “Aye”. MOTION PASSED


Permit # 1140, Road Name: Belterra Drive Hays County, Utility Company: WCID#2, Permit # 1141, Road Name: Springlake Subdivision, Utility Company: DSWSC. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Utility Permit # 1140, located on Belterra Drive issued to Hays County WCID#2 and Permit # 1141, located on Springlake Subdivision, issued to DSWSC, as submitted by the Transportation Director. All present voting “Aye”. MOTION PASSED

33925 AUTHORIZE THE CONSTABLE PRECINCT 5 OFFICE TO ACCEPT A $1,500 CASH DONATION FROM WAL-MART, INC. FOR LAW ENFORCEMENT SUPPLIES RELATED TO COMMUNITY SERVICE PROGRAMS AND AMEND THE BUDGET ACCORDINGLY


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Rodrigo Amaya, resident of San Marcos, made public comment. Assistant Auditor, Vickie Dorset spoke and gave clarification. Commissioner Jones joined in discussion. The Constable has received a commitment from Wal Mart, Inc. to provide a cash donation of $1,500 to be utilized for the betterment of the community. Funds will be utilized to purchase supplies related to community outreach programs. Attachment: Donation Letter Budget Amendment: Increase Contributions - .4610 Increase Law Enforcement Supplies - .5206. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the Constable Precinct 5 Office to accept a $1,500 cash donation from Wal-Mart, Inc. for law enforcement supplies related to community service programs and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33926 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO ACCEPT A

$500 CASH DONATION FROM WILLIAMS-SEBBY VETERINARY CLINIC AND AMEND THE BUDGET ACCORDINGLY

The Juvenile Probation Department has received a donation from the Williams-Sebby Vet Clinic to be utilized for community programs for juveniles within the program. Funds will be utilized to purchase supplies related to upcoming summer programs. Budget Amendment: Increase .4610 Contributions Increase .5391 Miscellaneous A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Juvenile Probation Department to accept a $500 cash donation from Williams-Sebby Veterinary Clinic and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33927 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 2 WITH THE

DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE FY20 CONTRACT FOR THE PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) PROGRAM IN THE AMOUNT OF $122,790

On January 22, 2019 Commissioners' Court authorized the submission of a renewal of the contract with DSHS for the FY20 PHEP Program. Funds will be used to provide support of the salary and benefits for the Emergency Preparedness Coordinator and SNS Coordinator and operating expenses in the Hays County Health Department. Amendment No. 2 reflects the addition of the FY20 Statement of Work, extends the termination date to June 30, 2020 & adds federal funding of $122,790 with a cash match of 10% in the amount of $12,279, for a combined total amount of $135,069. Grant funds will be budgeted during the FY20 budget process. Grant period: 07/01/2019 - 06/30/2020 Contract Number: 537-18-0153-00001 Attachment: DSHS PHEP Program Amendment No. 02. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the execution of Amendment No. 2 with the Department of State Health Services (DSHS) for the FY20 contract for the Public Health Emergency Preparedness (PHEP) Program in the amount of $122,790. All present voting “Aye”. MOTION PASSED


PURCHASE SIX (6) REPLACEMENT APC UPS SYSTEMS FOR EQUIPMENT PROTECTION AND AMEND THE BUDGET ACCORDINGLY

The IT Department is in need of six replacement UPS systems. These systems will protect servers, switches, routers and networking devices while providing battery backup power with Smart-UPS SMT2200RM2UC and APC SmartConnect. Funds have been identified within the IT operating budget for this purchase. No additional county funds are required. Attachment: Dell Quote 3000039384510.1 DIR Contract #DIR-TSO-3763 Budget Amendment: Increase Computer Equipment Operating - .5712_400 - $6,395 Decrease Computer Equipment Capital - .5712_700 - ($6,231) Decrease Postage - .5212 - ($164). A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Information Technology Department to purchase six (6) replacement APC UPS systems for equipment protection and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33929 ACCEPT THE DELIVERY OF THE FISCAL YEARS 2017 AND 2018

INTERNAL EXAMINATION REPORT FOR THE CONSTABLE PRECINCT 2 OFFICE FORFEITURE FUND

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept the delivery of the Fiscal Years 2017 and 2018 Internal Examination Report for the Constable Precinct 2 Office Forfeiture Fund. All present voting “Aye”. MOTION PASSED

33930 AUTHORIZE THE BAIL BOND BOARD TO PURCHASE ONE (1) COMPUTER

WITH ACCESSORIES AND HOST THE BAIL 101 WORKSHOP AND AMEND THE BUDGET ACCORDINGLY


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The Bail Bond Board has approved the purchase of one replacement computer for the Bail Bond Administrative Assistant as well as expenses related to hosting a Bail 101 Workshop on June 21st. Funding for these expenses are available in the Bail Bond Special Revenue Fund. No additional funds are required. Attachment: Dell Quote 3000038658677.1 DIR Contract #DIR-TSO-3763 Roger Moore Workshop Quote Budget Amendment: Increase Computer Equipment Operating - .5712_400 - $880 Increase Data Supplies - .5202 - $275 Increase Software License - .5429 - $387 Increase Continuing Education - .5551 - $1,500 Decrease Operating Expenses - .5301 - ($3,042). A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Bail Bond Board to purchase one (1) computer with accessories and host the Bail 101 Workshop and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33931 AUTHORIZE PAYMENT TO AMG PRINTING FOR THE COUNTY COURT AT

LAW OFFICE IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY AND AMEND THE BUDGET ACCORDINGLY

The CCL Office ordered letterhead envelopes for daily operations and failed to obtain the purchase order prior to having the work completed. Funds are available within their operating budget to cover this expenditure. Budget Amendment: Decrease Continuing Education .5551 Increase Printing .5461. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize payment to AMG Printing for the County Court at Law Office in which no purchase order was issued as required per County Purchasing Policy and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33932 AUTHORIZE THE HAYS COUNTY CONSTABLE, PCT. 4 TO ISSUE

PAYMENT FOR HAYS CO. DEPUTY CONSTABLE, PCT. 4, KEN NICOLAS (RESERVE) TO ATTEND THE "STREET COP SMART COP/PRO-ACTIVE PATROL TACTICS TRAINING" IN AUSTIN, TX ON JULY 15TH & 16TH, 2019

Rodrigo Amaya, resident of San Marcos, made public comment. This training will better prepare and equip the officer in response to traffic or criminal activity w/in Hays County. The necessary funds are available in the Constable's Pct. 4 Continuing Education Line Item (638.00.5551). A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the Hays County Constable, Pct. 4 to issue payment for Hays Co. Deputy Constable, Pct. 4, Ken Nicolas (Reserve) to attend the "Street Cop Smart Cop/Pro-Active Patrol Tactics Training" in Austin, TX on July 15th & 16th, 2019. All present voting “Aye”. MOTION PASSED

33933 AUTHORIZE COMMISSIONER FOR PRECINCT 1 TO EXECUTE

DOCUMENTS RELATED TO THE CERTIFICATION AND LETTING OF CONSTRUCTION BY THE TEXAS DEPARTMENT OF TRANSPORTATION FOR SOUTH SEGMENT OF THE FM 110 PROJECT, FROM SH123 TO FM621 WITHIN PRECINCT 1

Commissioner Ingalsbe spoke. General Counsel gave a brief clarification of the certificate. Letting is scheduled for July 2019 for the South Segment. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Commissioner for Precinct 1 to execute documents related to the certification and letting of construction by the Texas Department of Transportation for South Segment of the FM 110 project, from SH123 to FM621 within Precinct 1. All present voting “Aye”. MOTION PASSED

Clerk’s Note: Agenda Item # 26 RE: AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND DOUCET & ASSOCIATES FOR PLANS, SPECIFICATIONS AND ESTIMATES (PS&E) SERVICES FOR A PARKING LOT AT THE HAYS COUNTY

GOVERNMENT CENTER. – was pulled

33934 RELEASE OF THE MAINTENANCE BOND #713279P IN THE AMOUNT OF

$748,660.00, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR SUNFIELD SUBDIVISION, PHASE 2, SECTION 10

Staff recommends acceptance of the roads into the county road maintenance system. The roads include: Yellow Grass Drive (244 ft.), Lyre Leaf Drive (686 ft.), Nectar Drive (1,619 ft.) and Sunwheat Boulevard (1,107 ft. new total length). A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to release of the maintenance bond #713279P in the amount of $748,660.00, and the acceptance of roads into the county road maintenance system for Sunfield subdivision, Phase 2, Section 10. All present voting “Aye”. MOTION PASSED


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SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND COBB, FENDLEY & ASSOCIATES, INC. FOR DESIGN AND PREPARATION OF PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) INCLUDING BID AND CONSTRUCTION PHASE SERVICES ON THE WINTERS MILL INTERSECTION IMPROVEMENTS AT RM 12 AND RM 3237 AS PART OF THE HAYS COUNTY 2016 ROAD BOND PROJECT

Commissioner Shell spoke of the accommodation of the traffic. PSA is for the preparation of construction documents associated with the proposed construction of safety improvements at the intersections of Winters Mille with RM 12 and RM 3237. This new PSA/contract will replace the original contract executed 8/2/2016. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Cobb, Fendley & Associates, Inc. for design and preparation of plans, specifications, and estimates (PS&E) including bid and construction phase services on the Winters Mill Intersection Improvements at RM 12 and RM 3237 as part of the Hays County 2016 Road Bond Project. All present voting “Aye”. MOTION PASSED

33936 SUB-1274; WESTWOOD VFW (1 LOT). DISCUSSION AND POSSIBLE

ACTION TO CONSIDER GRANTING A VARIANCE FROM CHAPTER 715.4.05 OF THE HAYS COUNTY DEVELOPMENT SERVICES REGULATIONS

County Planner Marcus Pacheco spoke and gave staff recommendations. Commissioner Smith spoke of the donated property that is the proposed VFW. The proposed Westwood VFW Subdivision is a 1 Lot subdivision across 2.575 acres located of W. US Highway 290 in Precinct 4. Water service will be provided by Dripping Springs Water Supply and wastewater service will be accomplished by Individual On-Site Sewage Facility. Section 715.4.05 of the Hays County Development Regulations states that an applicant proposing to serve a development by On-Site Sewage Facilities shall submit a design report sealed by a Texas licensed professional engineer or a Texas registered sanitarian describing how the proposed development will be provided with wastewater service. The developers are requesting to provide a design report at the time a Site Plan application is submitted for review. Justification for the variance is included in backup. The final plat for the Westwood VFW Subdivision has been reviewed under the interlocal cooperation agreement with the City of Dripping Springs and the approval of the variance is required for final plat approval. A motion was made by Commissioner Smith, seconded by Commissioner Jones to grant a variance from Chapter 715.4.05 of the Hays County Development Services Regulations for SUB -1274, Westwood VFW (1 Lot). All present voting “Aye”. MOTION PASSED

33937 SUB-1247; CALL FOR A PUBLIC HEARING ON JUNE 18TH, 2019 TO

DISCUSS APPROVAL OF THE FINAL PLAT OF THE ROLLING OAKS, SECTION 3, LOT 55, REPLAT

Rolling Oaks, Section Three is a recorded subdivision located off of Rolling Oaks Drive in Precinct 3. The proposed re-plat will divide the 10.67 acre lot 55 into 2 lots, Lot 55-A and Lot 55-B. Water service will be provided by individual wells. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to call for a public hearing on June 18, 2019 to discuss approval of the final plat of SUB -1247; Rolling Oaks, Section 3, Lot 55 Replat. All present voting “Aye”. MOTION PASSED

33938 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE HAYS COUNTY

UNMANNED ROBOTICS TEAM INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS

Dan Lyon, resident of San Marcos, made public comment. This Agreement would formalize a joint relationship between Hays County and the City of San Marcos creating the Hays County Unmanned Robotics Team, rather than each agency operating individual robotics teams with individual resources. This team would combine resources from each agency for the deployment of small unmanned robotic systems to assist law enforcement with crime scene forensic collection, tactical operations, officer training, Fire Department assistance, disaster response, etc. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to authorizing the County Judge to execute the Hays County Unmanned Robotics Team Interlocal Agreement between Hays County and the City of San Marcos. All present voting “Aye”. MOTION PASSED


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33939 APPROVE THE APPOINTMENT OF COMMISSIONER MARK JONES AND COMMISSIONER DEBBIE GONZALES-INGALSBE TO THE CITY OF KYLE TAX REINVESTMENT ZONE NO. 2 BOARD

Commissioners Jones and Gonzales-Ingalsbe have agreed to serve on this newly created board. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve the appointment of Commissioner Mark Jones and Commissioner Debbie Gonzales-Ingalsbe to the City of Kyle Tax Reinvestment Zone No. 2 board. All present voting “Aye”. MOTION PASSED

33940 AMEND THE CONSTABLE PRECINCT 4 OPERATING BUDGET FOR

ADDITIONAL FUNDS REQUIRED FOR VEHICLE REPAIRS

Constable Pct. 4, Ron Hood spoke on the needed repairs. The Constable is requesting additional funds for repairs needed on the 2016 Ford Explorer Interceptor, VIN 1FMSKBAR5GGB97014. Budget Amendment: Increase Constable 4 Vehicle Repairs - .5413 Decrease County Wide Fuel - 001-645-00.5271. A motion was made by Commissioner Smith, seconded by Commissioner Shell to amend the Constable Precinct 4 operating budget for additional funds required for vehicle repairs. All present voting “Aye”. MOTION PASSED


SERVICES AGREEMENT BETWEEN HAYS COUNTY AND VISTA PLANNING AND DESIGN RELATED TO A PROPOSAL FOR THE PRESERVATION OF CAPES DAM

Kelly Stone, resident of San Marcos, made public comment and opposed this agreement. General Counsel, Mark Kennedy gave a briefing of the proposal to restore the damn. Commissioner Ingalsbe joined in discussion. The Historical Commission would like to assist in the creation of a conceptual master plan for the San Marcos River Capes Dam Preservation project. The proposal also has time in support of other illustrations that depict historical & ecological significance, as well as economic and recreational importance. The process that will be followed to develop this master plan will also be a valuable tool for future potential grants and other funding sources. Funds have been identified in the Historical Commission general fund operating budget for this contract. Attachment: Vista Planning and Design PSA. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement between Hays County and Vista Planning and Design related to a proposal for the preservation of Capes Dam. All present voting “Aye”. MOTION PASSED

33942 AMEND THE BUILDING MAINTENANCE DEPARTMENT BUDGET FOR BUILDING MAINTENANCE AND REPAIRS AS NEEDED FOR THE REMAINDER OF THE FISCAL YEAR 2019

Additional funds will be needed for building maintenance and repairs for the remainder of the fiscal year 2019. This is due to unforeseen repairs on the heating and cooling systems at several locations throughout the County, as well as other building maintenance and repair items not previously budgeted for. Funding has been identified as follows: Budget Amendment: Decrease 001-695-00.5455 Ground Maintenance and Repair ($15,000) Decrease 001-695-00.5551 Continuing Education ($3,000) Decrease 001-695-00.5480_100 Utilities_Buda ($4,000) Decrease 001-695-00.5480_110 Utilities_Courtouse ($4,000) Decrease 001-695-00.5480_120 Utilities_Kyle ($2,000) Decrease 001-695-00.5480_160 Utilities_Dripping Springs ($2,000) Decrease 001-645-00.5399 County Wide Contingencies ($30,000). A motion was made by Commissioner Smith, seconded by Commissioner Jones to amend the Building Maintenance Department budget for building maintenance and repairs as needed for the remainder of the fiscal year 2019. All present voting “Aye”. MOTION PASSED

33943 ADOPT A RESOLUTION APPROVING THE FORM OF A REIMBURSEMENT

AGREEMENT CONCERNING LA CIMA PUBLIC IMPROVEMENT DISTRICT NEIGHBORHOOD IMPROVEMENT AREA #2; TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE AGREEMENT; AND TO APPROVE ANY ADDITIONAL ACTIONS NECESSARY IN CONNECTION WITH THIS AGREEMENT

Bound Council for La Cima, Julie Hauston spoke of the reimbursement agreement. General Counsel, Mark Kennedy spoke of the agreement on the additional costs. The La Cima Public Improvement District (“PID”) was created pursuant to Chapter 372, Texas Local Government Code on September 23, 2014 to finance certain public improvement projects (“Authorized Improvements”) for the benefit of the property within the PID. This is


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an agreement between the County and the Developer, in which the Developer agrees to construct the Authorized Improvements and to fund certain Actual Costs of the Authorized Improvements and the County agrees to (i) pay directly or reimburse the Developer for Actual Costs of an Authorized Improvement from the proceeds of PID Bonds in accordance with the Act, this NIA #2 SAP Update and the applicable Indenture, and (ii) reimburse the Owner for Actual Costs of an Authorized Improvement not paid by proceeds of PID Bonds solely from the revenue collected from Special Assessments, including Annual Installments, not pledged to the payment of PID Bonds. A motion was made by Commissioner Shell, seconded by Commissioner Jones to adopt a resolution approving the form of a Reimbursement Agreement concerning La Cima Public Improvement District Neighborhood Improvement Area #2; to authorize the County Judge to execute the agreement; and to approve any additional actions necessary in connection with this agreement. All present voting “Aye”. MOTION PASSED


UNDERSTANDING WITH ERECORDING PARTNERS NETWORK, LLC (EPN), CORPORATION SERVICE COMPANY (CSC) AND SIMPLIFILE

General Counsel, Mark Kennedy spoke. This is a template that the Clerk’s Office can use for the future. If any future changes the Clerk could bring this item back to court as a consent agenda item. The County Clerk’s office acquired a new software vendor and needs to have a new MOU with each provider. A motion was made by Commissioner Ingalsbe , seconded by Commissioner Smith to authorize the County Judge to execute a Memorandum of Understanding with eRecording Partners Network, LLC (EPN), Corporation Service Company (CSC) and Simplifile. All present voting “Aye”. MOTION PASSED

33945 ACTION TO CONSIDER GRANTING A VARIANCE FROM THE GOVERNING

1986 OSSF RULES FOR THE PROPERTY LOCATED AT 4009 HUNTER RD, SAN MARCOS, TX

The property owner at 4009 Hunter Road in San Marcos, is proposing to repair a failing OSSF. The 1.94 acre parcel is serviced by a public water system. There are currently 3 mobile homes on the property in addition to the main residence. The governing rules for On-Site Sewage Facilities in place at the time the property was created as 1.94 acres, did not allow four (4) residential units to be serviced by an OSSF wherein the minimum lot size requirement was 0.73 acres as per Section 8.03.b.1.C. This rule states that private sewage facilities for lots in subdivision shall be approved by the licensing authority subject to the following provisions: ( C ) For clay soils (eighteen inches and deeper) or slowly permeable soils with average percolations rates in excess of forty-five (45) minutes per one inch, add ten thousand square feet to lot area. The property owner is seeking a variance to allow the additional structures, due to the fact that they have been in place since the property was created. Granting of this variance will allow the property owner to utilize the property as it has been and replace the failing OSSF while dissolving an environmental and public health concern. A motion was made by Commissioner Smith, seconded by Commissioner Shell to grant a variance from the governing 1986 OSSF rules for the property located at 4009 Hunter Rd, San Marcos, TX. All present voting “Aye”. MOTION PASSED

33946 AUTHORIZE THE HAYS COUNTY CLERK'S OFFICE TO RE-STRUCTURE

PERSONNEL, INCLUDING RE-GRADING POSITIONS AND ADDING ADDITIONAL STAFF AND EQUIPMENT

County Clerk, Elaine H. Cárdenas presented the Court with a PowerPoint Presentation. Summary to be provided in open court. Staffing request: approval to hire 4 additional staff members – 1 Chief Deputy to Oversee Courts, 2 Deputy Clerk IIs to Provide Support to Courts, 1 Administrative Assistant to Provide Bookkeeping and other Administrative Support to Courts and approval to reorganize staff and re-grade two positions – Assistant County Clerk and Chief Deputy Clerk. Funds will be out of the Records Management Fund for the 1 - New Chief Deputy Court Clerk, 2- New Deputy II’s and 1 – New Admin. Asst. II. Funds for the regrading of the Asst. County Clerk and the regrading of the Chief Deputy Clerk Records Division will be out of the General Fund. Equipment will be out of the Records Management Fund. Salary Savings will be used to cover. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Clerk’s Office to re-structure personnel, including re-grading positions and adding additional staff and equipment as outlined and amend the budget accordingly effective July 1, 2019. All present voting “Aye”. MOTION PASSED

Clerk’s Note: Workshop started at 12:05 p.m.

11:00 A.M. - WORKSHOP WITH HART INTERCIVIC AND ES & S TO EXHIBIT BOTH CERTIFIED VENDORS AND THEIR RESPECTIVE HYBRID VOTING SOLUTIONS


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The Court last visited the subject of acquisition election equipment in 2017. Since that time, legislative changes have been made concerning the type of equipment that is allowable for use in the Countywide Polling Place Program under the AG opinion KL-0170. This opinion allows Hays County to consider the recommendation of the previously assembled committee to purchase a hybrid system that will provide a paper back-up of a voter's record that the voter can verify before casting their ballot. The paper back-up will provide an additional opportunity for checks and balances, post-election auditing and recount. This workshop will give each vendor 30 minutes for a presentation and opportunity to answer questions from the Court on the capabilities of each system and vendor. Felice Liston, Hart Intercivic spoke first and gave a presentation of the Hart equipment. Matt Kunz and Chris Walaschin, ESNS spoke second and gave a presentation of the ESNS equipment.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT BIG HAT AND PROJECT WOLVERINE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT Court convened into Executive Session 3:19 p.m. and reconvened into open court at 3:33 p.m. In Executive Session were Commissioner Jones, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Jason Giulietti – GSMP, and Legal Support Services Specialist, Janice Jones. No action taken.


GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session 11:10 a.m. and reconvened into open court at 12:02 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assitant General Counsel, Jordan Powell, Legal Support Services Specialist, Janice Jones, Rebecca Phillips of Lainer Law Firm, and the following individuals from Howry, Breen & Herman LLP: Ryan Ellis, James Hatchef, Randy Howry, Jená Tyra. Court convened into Executive Session 3:33 p.m. and reconvened into open court at 3:41 p.m. In Executive Session were Commissioner Jones, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize General Counsel to execute an updated engagement letter between Hays County and Sheets & Crossfield, P.L.L.C., related to Right of Way acquisition within Hays County. All present voting “Aye”. MOTION PASSED A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize General Counsel to execute an engagement letter between Hays County and Winstead, P.C., related to construction of FM 1626 in Precinct 2. All present voting “Aye”. MOTION PASSED

33948 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF

THE TEXAS GOVERNMENT CODE CONSULTATION WITH COUNSEL AND

DELIBERATION REGARDING POSITIONS WITHIN THE HAYS COUNTY ELECTION'S OFFICE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Jennifer Anderson spoke and gave a brief review of the request of re-grading of the Equipment Data Coordinator from a 109 to 110. There will be no impact for the cost for this year due to salary savings to cover. A motion was made by Commissioner Jones, seconded by Commissioner Smith to re-grade the Equipment Data Coordinator in the Elections Office from a 109 to 110 effective 5/28/2019. All present voting “Aye”. MOTION PASSED

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING RELATED TO ALL EMPLOYEES WHO OPERATE UNDER A COMMERCIAL DRIVER'S LICENSE FOR HAYS COUNTY

Court convened into Executive Session 2:26 p.m. and reconvened into open court at 3:19 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Transportation Director, Jerry Borcherding, Aaron Jones, HR Director, Shari Miller, Laureen Chernow, and Legal Support Services Specialist, Janice Jones. No action taken.


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Page 10 of 10

Clerk’s Note: Agenda Item # 45 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. - was pulled Clerk’s Note: Agenda Item # 46 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. - was pulled Clerk’s Note: Agenda Item # 47 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. - was pulled Clerk’s Note: Agenda Item # 48 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. - was pulled DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS

Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 550 and peak was 557 on May 28

th for the week of May 26

th

to June 1st, 2019. Estimated cost for outsourcing inmates this week as $79,295.00. The average number of

outsourced males is 216 and females are 8. This week’s inmates were housed in the following counties: Bastrop, Bell, Blanco, Burnett, Caldwell, Guadalupe, McLennan, Limestone and Walker.




proceedings had by the Hays County Commissioners’ Court on June 4, 2019.



HAYS COUNTY, TEXAS


***** *****

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 18TH DAY OF JUNE A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:






THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Tanya Kinney from Hunters Glen Fellowship gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Bill Brock, resident of San Marcos, made public comment on widening & improving Hwy 1826. Mary Buchanan, resident of Austin, made comment on the Mark Black wedding venue regarding creek and water supply. Dan Lyon, resident of San Marcos, made public comment on Capes Camp Damn comment from 06/04/2019. Debra Morris, resident of Austin, made public comment on Mark Black wedding venue and had concerns on the revised site development plans. Rodrigo Amaya, resident of San Marcos, made public comment on the Commissioner Pct. 2 Office of not having enough chairs for a meeting in his office.

PRESENTATION BY DAVE EDWARDS, BOARD CHAIRMAN OF DRIPPING SPRINGS TAX

INCREMENT REINVESTMENT ZONES #1 AND #2 (TIRZ), REGARDING AN UPDATE ON THE

BOARD'S PROGRESS

Dave Edwards, Board Chairman of Dripping Springs Tax Increment Reinvestment Zones #1 and #2 (TIRZ)

spoke briefly of the upcoming projects and introduced Kennan Smith. The four upcoming projects are: Old

Fitzhugh Road, Triangle Project, Downtown Public Parking, and the Downtown Town Center.

UPDATE BY CHARLIE CAMPISE ON THE JUNE 4, 2019 HILL COUNTRY MENTAL HEALTH

DEVELOPMENT DISABILITIES BOARD MEETING

Charlie Campise spoke and gave the Court an update from the Hill County Mental Health Development

Disabilities Board Meeting held in Fredericksburg on June 4, 2019. Topics he brought to the court were that the

agency must be in compliance by 2021, more emphasis on helping people, and an increase of Veterans

Services will be happening due to the agencies needing to be in compliance.


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County Invoices in the amount of $5,427,923.03, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED




A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of United Healthcare Claims in the amount of $33,530.88, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED

33952 APPROVE COMMISSIONERS COURT MINUTES OF JUNE 4, 2019

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court minutes of June 4, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED


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33953 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR OFFICE BUILDING AT

7080 NIEDERWALD STRASSE, KYLE, TEXAS 78640

Central Texas Proscapes, LLC is proposing an On-Site Sewage System to serve a landscape company. The system is designed to accommodate up to 7 employees. This 11.26-acre tract of land will be served by a public water supply. The system designer, Dave McGhee, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 35 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for office building at 7080 Niederwald Strasse, Kyle, Texas 78640. All present voting “Aye”. MOTION PASSED

33954 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR OFFICE BUILDING AT

6569 RANCH ROAD 12, SAN MARCOS, TEXAS 78666

Active Deployment Systems, Inc. is proposing an On-Site Sewage System to serve their new office building. The system is designed to accommodate up to 30 employees & customers. This 32.33-acre tract of land will be served by a private water supply. The system designer, Kyle DeHart, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 300 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Smith to Authorize On-Site Sewage Facility Permit for office building at 6569 Ranch Road 12, San Marcos, Texas 78666. All present voting “Aye”. MOTION PASSED

33955 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR PHASE 2 OF ADDITIONAL

OFFICE/WAREHOUSE BUILDINGS AT 5566 NIEDERWALD STRASSE, KYLE,

TEXAS 78640

David Cuddy of Studio Estates is proposing an On-Site Sewage System to serve two warehouse/office buildings. The system is designed to accommodate up to 100 employees and customers. This 12.004-acre tract of land will be served by a public water supply. The system designer, Jim Bettridge, R.S., has designed a proprietary treatment system. After treatment, the effluent will be dispersed via drip irrigation tubing for a maximum daily rate of 520 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for Phase 2 of additional office/warehouse buildings at 5566 Niederwald Strasse, Kyle, Texas 78640. All present voting “Aye”. MOTION PASSED

33956 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT RENEWAL

BETWEEN THE HAYS COUNTY AND CHECKFRONT IN ORDER TO CONTINUE

ACCESS TO THE ONLINE RESERVATION SYSTEM

Director of Countywide Operations, Tammy Crumley gave a brief description of Checkfront. The Parks

Department utilizes Checkfront as their reservation system for both Jacobs Well Natural Area and the Dahlstrom

Preserve. The required funding for this contract renewal was approved during the FY19 budget process.

*Checkfront Renewal Contract Attached. A motion was made by Commissioner Jones, seconded by

Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for Phase 2 of additional

office/warehouse buildings at 5566 Niederwald Strasse, Kyle, Texas 78640. All present voting “Aye”.

MOTION PASSED

33957 ACCEPT A DONATION OF $500.00 TO THE SHERIFF'S OFFICE COMMUNITY

OUTREACH DIVISION AND AMEND THE BUDGET ACCORDINGLY

The Sheriff's Office Community Outreach Division received a donation of $500.00 from the Wimberley VFW, Post 6441. The VFW is requesting for the donation to be used towards supplies and materials for the 2019 Jr. Deputy program. Budget Amendment Special Projects Fund Increase 052-618-00.4610 Contributions $500.00 Increase 052-618-00.5222 Crime Prevention $500.00. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a contract renewal between the Hays County and Checkfront in order to continue access to the online reservation system. All present voting “Aye”. MOTION PASSED

33958 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE ONE (1)

SOLAR SCHOOL ZONE SYSTEM FROM ELTEC (ELECTROTECHNICS

CORPORTATION) FOR THE NEW HCISD ELEMENTARY SCHOOL ON OLD SAN

ANTONIO ROAD AND AMEND THE BUDGET ACCORDINGLY

The solar school zone system on Bebee Road was destroyed as a result of a traffic accident. Parts previously ordered for the new elementary school on Old San Antonio road were used to make needed repairs to the Bebee Road unit; therefore a complete unit is needed for this location. Funds are available within the operating budget for this expense. Budget Amendment: Decrease Road Materials - .5351 Increase Misc. Equipment -


***** *****

.5719_400. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to Accept a donation of $500.00 to the Sheriff's Office Community Outreach Division and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33959 APPROVE THE TRANSFER OF A 2008 FORD RANGER FROM THE HAYS COUNTY

BUILDING MAINTENANCE DEPARTMENT TO THE HAYS COUNTY LOCAL HEALTH

DEPARTMENT

The following asset is being requested for transfer from the Building Maintenance department's inventory to be utilized by the Local Health department: 2008 Ford Ranger, VIN: 1FTYR14U28PA55919 Hays County NWS Asset ID 12844, Tag #016569. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Transportation Department to purchase one (1) solar school zone system from ELTEC (Electrotechnics Corporation) for the new HCISD elementary school on Old San Antonio Road and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


Permit #: 1142 and 1143, Road Name: Ted Burger Road and Mathias Lane, Utility Company: PEC and Goforth A motion was made by Commissioner Ingalsbe , seconded by Commissioner Jones to approve Utility Permit # 1142 located on Ted Burger Road issued to PEC and Utility Permit #1143 located on Mathias Lane issued to Goforth SUD. All present voting “Aye”. MOTION PASSED

33961 AUTHORIZE THE PARKS DEPARTMENT TO PURCHASE AND INSTALL A MINI-

SPLIT HVAC SYSTEM IN THE VISITOR CENTER AT THE GAY RUBY DAHLSTROM

NATURE PRESERVE AND AMEND THE BUDGET ACCORDINGLY.

Rodrigo Amaya, resident of San Marcos, made public comment. Commissioner Ingalsbe and Director of Countywide Operations, Tammy Crumley had a discussion on the 10 year warranty and that other buildings being replaced. Commissioner Smith joined in conversation. The Parks Department request authority to purchase and install a new Daikin Ductless Mini-Split 2-Ton Heat Pump System. This system will be installed in the visitor center at the Gay Ruby Dahlstrom Nature Preserve. Funds are available in the Park Bond Fund for this purchase. * SI Mechanical Quote Attached Budget Amendment: Increase .5719_700 - Misc. Equipment_Capital Decrease .5448 - Contract Services. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to authorize the Parks Department to purchase and install a Mini-Split HVAC system in the visitor center at the Gay Ruby Dahlstrom Nature Preserve and amend the budget accordingly. All four Commissioners present voting “Aye”. Judge Becerra voting “No”. MOTION PASSED

33962 APPROVE GARVERUSA'S CHANGE ORDER #2 FOR LOW WATER CROSSINGS IN

THE PRECINCT 1 & 2 PROJECT AND AUTHORIZE THE COUNTY JUDGE TO SIGN

THE ASSOCIATED DOCUMENT

This change order includes ROW acquisition and boundary changes for the Low Water Crossings, project clearances for wetlands and drainage investigations. This change order is just to extend the days needed to complete the project to the end of the budget year. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Approve GarverUSA's Change Order #2 for Low Water Crossings in the Precinct 1 & 2 project and authorize the County Judge to sign the associated document. All present voting “Aye”. MOTION PASSED

33963 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR BUILDING #1 LOCATED

AT 6750 S OLD BASTROP HWY, SAN MARCOS, TEXAS 78666

Braeswood Alliance Group, LLC is proposing an OSSF to serve an office/warehouse building. The system is designed to accommodate up to 5 employees per day. This 10 acre tract of land is Lot 4 of Phase 2 in the Richter Addition Subdivision and will be served by a public water supply. The system designer, Hoyt Seidensticker, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 25 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Authorize On-Site Sewage Facility Permit for Building #1 located at 6750 S Old Bastrop Hwy, San Marcos, Texas 78666. All present voting “Aye”. MOTION PASSED



Braeswood Alliance Group, LLC is proposing an OSSF to serve an office/warehouse building. The system is designed to accommodate up to 5 employees per day. This 10 acre tract of land is Lot 4 of Phase 2 in the Richter Addition Subdivision and will be served by a public water supply. The system designer, Hoyt Seidensticker, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the


***** *****

effluent will be dispersed via surface application for a maximum daily rate of 25 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for Building #2 located at 6750 S Old Bastrop Hwy, San Marcos, Texas 78666. All present voting “Aye”. MOTION PASSED



Braeswood Alliance Group, LLC is proposing an OSSF to serve an office/warehouse building. The system is designed to accommodate up to 5 employees per day. This 10 acre tract of land is Lot 4 of Phase 2 in the Richter Addition Subdivision and will be served by a public water supply. The system designer, Hoyt Seidensticker, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 25 gallons. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for Building #3 located at 6750 S Old Bastrop Hwy, San Marcos, Texas 78666. All present voting “Aye”. MOTION PASSED







33968 AUTHORIZE THE HAYS COUNTY COMMISSIONERS COURT TO SUBMIT A

REQUEST FOR FUNDS TO THE TEXAS COMPTROLLER'S OFFICE FOR

UNCLAIMED CAPITAL CREDITS PURSUANT TO THE TEXAS PROPERTY CODE,

SECTION 74.602 AND CERTIFY ANY AVAILABLE FUNDING WILL BE USED PER

LOCAL GOVERNMENT CODE, SECTION 381.004

Commissioner Smith thanked the Auditors Office for working on this matter. The County Auditor's office has received the annual notification from the Texas Comptroller of Public Accounts regarding possible available funding through unclaimed capital credits received from electric cooperatives in this area. The County must request these funds and certify that funds will be used for purposes as specified under section 381.004 of the Local Government Code. See attached notification. Attachment: Unclaimed Capital Credits Form. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Hays County Commissioners Court to submit a request for funds to the Texas Comptroller's Office for unclaimed capital credits pursuant to the Texas Property Code, Section 74.602 and certify any available funding will be used per Local Government Code, Section 381.004. All present voting “Aye”. MOTION PASSED

33969 AUTHORIZE THE SHERIFF'S OFFICE TO ACCEPT A DONATION OF A

PRESCRIPTION DRUG COLLECTION UNIT AND AMEND THE BUDGET

ACCORDINGLY

D. Burnes said the donation was from SMPD. The public can drop off prescription drugs in a safe environment. The San Marcos Police Departing is donating a prescription drug collection unit to the Sheriff's Office. A drug return box will allow citizens to dispose of old, expired or unwanted prescription drugs thereby keeping them out of the water system and unintended hands. Accepting the unit will provide two drop off locations for citizens to dispose of medications. This unit is valued at $1,495 when purchased new; therefore, the depreciated value will be recorded at $1,017 with a life expectancy of 10 years. Budget Amendment Increase Contributions 001-618-00.4610 Increase Miscellaneous Equipment 001-618-00.5719_400. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to accept a donation of a prescription drug collection unit and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


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33970 ACCEPT ANONYMOUS DONATIONS TO THE SHERIFF'S OFFICE TOTALING

$400.00 AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon, resident of San Marcos, made public comment. County Auditor, Marisol Alonzo-Villarreal spoke of the donation being deposited into the general fund. The Sheriff's Office received anonymous cash donations, two donations of $200.00 each was placed at the windshield of patrol vehicles. The cash was left without a note or information; the Sheriff's Office is requesting to add this contribution to the Special Projects fund. Budget Amendment Increase Contributions 052-618-00-4610 $400 Increase Crime Prevention 052-618-00.5222 $400. A motion was made by Commissioner Smith, seconded by Commissioner Shell to accept anonymous donations to the Sheriff's Office totaling $400.00 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

33971 AUTHORIZE PAYMENT TO DATA SPEC, INC. FOR THE VETERAN SERVICES

OFFICE IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER

COUNTY PURCHASING POLICY

The Veteran Services Office was approved the purchase of VetraSpec software in FY2018, however, the company does not provide a service agreement or accept purchase orders. This software is a web based Veteran claims management software solution which has enhanced the VSO daily processes. Funds are available in their operating budget to cover this expense. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize payment to Data Spec, Inc. for the Veteran Services Office in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

33972 APPROVE THE APPOINTMENT OF ALEXANDRA THOMPSON TO THE CORE

COMMITTEE OF THE UPPER SAN MARCOS RIVER WATERSHED PROTECTION

PLAN

The Core Committee is made up of several key stakeholder groups within the Upper San Marcos River area. Alexandra, the County's Natural Resource Manager, will represent the County. The Core Committee is the decision-making body for oversight and official representation of all major stakeholder interest. Therefore, it is important for Core Committee members to understand the needs, priorities, perspectives, and culture of the community and its stakeholders to effectively contribute to the watershed implementation process. The main function of the Core Committee includes attending quarterly meetings and making decisions for the direction of the watershed implementation process in regard to future BMPs, education and outreach initiatives, funding opportunities, and other topics as they arise. The Core Committee term has no limit. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the appointment of Alexandra Thompson to the Core Committee of the Upper San Marcos River Watershed Protection Plan. All present voting “Aye”. MOTION PASSED

33973 AMEND VARIOUS DEPARTMENTAL OPERATING, SPECIAL REVENUE AND

CAPITAL PROJECT BUDGETS IN PREPARATION FOR FISCAL YEAR 2019 MID-

YEAR FINANCIAL REPORTING

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to amend various departmental operating, special revenue and capital project budgets in preparation for Fiscal Year 2019 mid-year financial reporting. All present voting “Aye”. MOTION PASSED



Texas Health and Safety Code 775.082 requires that the District prepare and file with the Commissioners Court by June 1 of each year an audit report of the district's fiscal accounts and records. The District's Audit Report was received in the Auditor's Office on May 29, 2019 and has been email to the Court. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to Accept the Fiscal Year 2018 Hays County Emergency Services District #3 Audit Report per Texas Health and Safety Code 775.082. All present voting “Aye”. MOTION PASSED



Texas Health and Safety Code 775.082 requires that the District prepare and file with the Commissioners Court by June 1 of each year an audit report of the district's fiscal accounts and records. The District's Audit Report was received in the Auditor's Office on May 29, 2019 and has been emailed to the Court. A motion was made by Commissioner Jones, seconded by Commissioner Shell to accept the Fiscal Year 2018 Hays County Emergency Services District #6 Audit Report per Texas Health and Safety Code 775.082. All present voting “Aye”. MOTION PASSED


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DISTRICT #8 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082.





33979 AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO UTILIZE EXISTING

FUNDS FOR CONSTRUCTION AND REMODEL WORK IN THE TREASURER'S

OFFICE.

The Treasurer's Office needs additional office space for the staff that will be performing compliance. A part of the Treasurer's current file/storage room will be converted into office space with a dedicated entrance area for compliance. Funding for this project has been identified in the current Infrastructure budget and the labor will be performed by our Building Maintenance staff. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the Building Maintenance Department to utilize existing funds for construction and remodel work in the Treasurer's Office. All present voting “Aye”. MOTION PASSED

33980 AMEND THE JUVENILE PROBATION OPERATING BUDGET FOR ADDITIONAL

CONTINUING EDUCATION EXPENSES RELATED TO HANDLE WITH CARE RE-

CERTIFICATION.

The Juvenile Probation Department is requesting additional funds for continuing education to meet State certification requirements. Funds are available within their operating budget to cover these expenses. Budget Amendment: Increase .5551 Continuing Education Decrease .5361 Contract Inmate Detention. A motion was made by Commissioner Shell, seconded by Commissioner Smith to amend the Juvenile Probation operating budget for additional continuing education expenses related to Handle with Care re-certification. All present voting “Aye”. MOTION PASSED

33981 APPROVE OUT OF STATE TRAVEL TO BALTIMORE IN SEPTEMBER FOR THE EI-

ISAC (ELECTION INFRASTRUCTURE INFORMATION SHARING AND ANALYSIS)

EXECUTIVE COMMITTEE ANNUAL MEETING.

Commissioner Smith spoke. This item is just approval to travel out of state. The expenses for this travel will be

paid by the EI-ISAC. A motion was made by Commissioner Shell, seconded by Commissioner Smith to

approve out of state travel to Baltimore in September for the EI-ISAC (Election Infrastructure Information

Sharing and Analysis) Executive Committee Annual Meeting. All present voting “Aye”. MOTION

PASSED

33982 AUTHORIZE THE HAYS COUNTY CONSTABLE, PCT. 5 OFFICE TO ENTER INTO A

STATE PLAN OF OPERATION AGREEMENT WITH THE STATE OF TEXAS TO

RECEIVE CERTAIN EXCESS DEPARTMENT OF DEFENSE (DOD) PROPERTY

UNDER THE LAW ENFORCEMENT SUPPORT OFFICE (1033 / LESO) PROGRAM

ADMINISTERED BY THE DEFENSE LOGISTICS AGENCY (DLA).


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Rodrigo Amaya, resident of San Marcos, spoke. Commissioner Smith spoke and clarified that offices can qualify

for the item. County Auditor explained that Hays County has a countywide with Federal Department of Defense.

A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize the Hays

County Constable, Pct. 5 Office to enter into a State Plan of Operation Agreement with the State of

Texas to receive certain excess Department of Defense (DOD) property under the Law Enforcement

Support Office (1033 / LESO) Program administered by the Defense Logistics Agency (DLA). All present

voting “Aye”. MOTION PASSED

33983 APPROVE THE CANCELLATION OF HAYS COUNTY COMMISSIONERS COURT ON

JULY 9, 2019.

Due to the prior week being shortened due to the holiday break and offices working with skeleton staffs, we would rather not over burden staff and elected officials to get an agenda created and posted. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the cancellation of Hays County Commissioners Court on July 9, 2019. All present voting “Aye”. MOTION PASSED

33984 DISCUSSION AND POSSIBLE ACTION TO CONSIDER THE ACCEPTANCE OF ROAD

CONSTRUCTION & DRAINAGE IMPROVEMENTS, RELEASE OF THE

SUBDIVISION/PERFORMANCE BOND #PB03016800273 IN THE AMOUNT OF

$2,874,752.00, AND ACCEPTANCE OF THE 2-YEAR MAINTENANCE BOND

#PB03016800273 IN THE AMOUNT OF $148,713.95 FOR SUNFIELD SUBD.,

PHASE 3, SECTION 2.

Staff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted. An engineer's concurrence letter and as-built construction plans have been received. The Transportation Department has inspected and approved the improvements. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept road construction & drainage improvements, release of the subdivision/performance bond #PB03016800273 in the amount of $2,874,752.00, and acceptance of the 2-year maintenance bond #PB03016800273 in the amount of $148,713.95 for Sunfield subd., Phase 3, Section 2. All present voting “Aye”. MOTION PASSED





#PB03016800210 IN THE AMOUNT OF $365,990.20 FOR SUNFIELD SUBD.,

PHASE 3 ROADWAY EXTENSION.

Staff recommends acceptance of construction of the road and drainage improvements within the County ROW, and all regulatory signage as posted. An engineer's concurrence letter and as-built construction plans have been received. The Transportation Department has inspected and approved the improvements. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept road construction & drainage improvements, release of the subdivision/performance bond #PB03016800210 in the amount of $4,525,775.00, and acceptance of the 2-year maintenance bond #PB03016800210 in the amount of $365,990.20 for Sunfield subd., Phase 3 Roadway Extension. All present voting “Aye”. MOTION PASSED





#PB03016800240M IN THE AMOUNT OF $127,079.55 FOR SUNFIELD SUBD.,

PHASE 3, SECTION 4.

Staff recommends acceptance of construction of roads and drainage improvements within the County ROW, and all regulatory signage as posted. An engineer's concurrence letter and as-built construction plans have been received. The Transportation Department has inspected and approved the improvements. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept road construction & drainage improvements, release of the subdivision/performance bond #PB03016800240 in the amount of $2,341,813.00, and acceptance of the 2-year maintenance bond #PB03016800240M in the amount of $127,079.55 for Sunfield subd., Phase 3, Section 4. All present voting “Aye”. MOTION PASSED

33987 DISCUSSION AND POSSIBLE ACTION TO CONSIDER THE ACCEPTANCE OF THE

1-YEAR REVEGETATION BOND #PB03016800210 IN THE AMOUNT OF

$30,350.00 FOR SUNFIELD SUBD., PHASE 3 ROADWAY EXTENSION.

Staff recommends acceptance of this revegetation bond for seeding and erosion control by hydro-mulch process for all disturbed areas within the County ROW. A motion was made by Commissioner Jones, seconded by


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Commissioner Ingalsbe to accept the 1-year revegetation bond #PB03016800210 in the amount of $30,350.00 for Sunfield subd., Phase 3 Roadway Extension. All present voting “Aye”. MOTION PASSED



$32,600.00 FOR SUNFIELD SUBD., PHASE 3, SECTION 2.

Staff recommends acceptance of this revegetation bond for seeding and erosion control by hydro-mulch process for all disturbed areas within the County ROW. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept of the 1-year revegetation bond #PB03016800273 in the amount of $32,600.00 for Sunfield subd., Phase 3, Section 2. All present voting “Aye”. MOTION PASSED



$22,000.00 FOR SUNFIELD SUBD., PHASE 3, SECTION 4.

Staff recommends acceptance of this revegetation bond for seeding and erosion control by hydro-mulch process for all disturbed areas within the County ROW. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to acceptance of the 1-year revegetation bond #PB03016800240 in the amount of $22,000.00 for Sunfield subd., Phase 3, Section 4. All present voting “Aye”. MOTION PASSED

33990 DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS

COUNTY AND COBB, FENDLEY AND ASSOCIATES, INC. FOR UTILITY

COORDINATION AT A LOW WATER CROSSING ON CHAPARRAL PARK ROAD IN

PCT. 2 AS PART OF THE 2016 ROAD BOND PROGRAM.

Commissioner Smith spoke of the flood waters. This effort provides for utility relocation needs for this project. Attachment: Cobb, Fendley and Associates, Inc. PSA. A motion was made by Commissioner Ingalsbe ,

seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services

Agreement (PSA) between Hays County and Cobb, Fendley and Associates, Inc. for utility coordination

at a Low Water Crossing on Chaparral Park Road in Pct. 2 as part of the 2016 Road Bond Program. All

present voting “Aye”. MOTION PASSED

33991 DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS

COUNTY AND DOUCET & ASSOCIATES FOR PLANS, SPECIFICATIONS AND

ESTIMATES (PS&E) SERVICES FOR A PARKING LOT AT THE HAYS COUNTY

GOVERNMENT CENTER.

Commissioner Ingalsbe spoke of the amount not to exceed $34,700. Doucet & Associates was chosen on/or about April 16, 2019 to help provide plans for additional parking needed at the Hays County Government Center. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Doucet & Associates for Plans, Specifications and Estimates (PS&E) services for a parking lot at the Hays County Government Center. All present voting “Aye”. MOTION PASSED

33992 SUB-1133; 6 CREEKS, PHASE 1, SECTION 3 (121 LOTS). DISCUSSION AND

POSSIBLE ACTION TO ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF

ROADWAY IMPROVEMENTS IN THE AMOUNT OF $1,009,327.60 (LETTER OF

CREDIT # 1023).

Director of Development Services, Caitlyn Strickland gave an update from the agenda item of SUB-1133 needed to be corrected to SUB-1120. The final plat for the 6 Creeks Phase 1 Section 3 Subdivision has been reviewed under the interlocal cooperation agreement with the City of Kyle and has been approved by County staff. While the plat has been approved administratively, formal acceptance of fiscal surety is required by Commissioners Court action. 6 Creeks, Phase 1, Section 3 will consist of 121 lots. Water service to the subdivision will be provided by the City of Kyle and public wastewater service will be provided by the City of Kyle. A motion was made by Commissioner Smith , seconded by Commissioner Shell to accept fiscal surety for the construction of roadway improvements in the amount of $1,009,327.60 (Letter of Credit # 1023) of SUB-1133; 6 Creeks, Phase 1, Section 3 (121 lots) . All present voting “Aye”. MOTION PASSED

33993 SUB-1207; DISCUSSION AND POSSIBLE ACTION TO CONSIDER GRANTING A

VARIANCE FROM CHAPTER 705.4.02 OF THE HAYS COUNTY DEVELOPMENT

REGULATIONS TO WAIVE THE FEES FOR THE AMENDED PLAT OF

HEADWATERS AT BARTON CREEK, PHASE ONE

County Planner, Marcus Pacheco spoke and gave a briefing of the variance. Headwaters at Barton Creek, Phase One is a recorded subdivision located off of US Highway 290 and Headwaters Blvd in Precinct 4. The


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developer is amending Phase One to correct a scrivener's error found in the Line and Curve Table on the recorded plat. That is the extent of the changes as no lot lines are being modified and no lots are being added to the original plat. The developer is requesting that the fee requirements outlined in Chapter 705.4.02 of the Regulations are waived since no technical review will be performed for this amended plat. Justification for this request can be found in the backup. Headwaters at Barton Creek, Phase One was approved in 2016 and recorded on 4-6-2016. A motion was made by Commissioner Smith, seconded by Commissioner Jones To grant a variance from Chapter 705.4.02 of the Hays County Development Regulations to waive the fees for the amended plat of Headwaters at Barton Creek, Phase One. All present voting “Aye”. MOTION PASSED


FINAL PLAT OF THE ROLLING OAKS, SECTION 3, LOT 55, REPLAT

Judge Becerra opened the public hearing. No public input was received. Judge Becerra closed the public hearing. County Planner, Colby Machecek spoke and gave a briefing of SUB-1247. Rolling Oaks, Section Three is a recorded subdivision located off of Rolling Oaks Drive in Precinct 3. The proposed re-plat will divide the 10.67 acre lot 55 into 2 lots, Lot 55-A and Lot 55-B. Water service will be provided by individual wells. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Shell, seconded by Commissioner Smith to SUB-1247; Hold a public hearing with possible action to approve final plat of the Rolling Oaks, Section 3, Lot 55, Replat. All present voting “Aye”. MOTION PASSED

33995 SUB-1239; DISCUSSION AND POSSIBLE ACTION TO APPROVE THE

PRELIMINARY PLAN AND CONSIDER A VARIANCE REQUEST TO THE HAYS

COUNTY TRANSPORTATION PLAN FOR THE DELGADO SUBDIVISION

County Planner, Colby Machecek spoke and gave a briefing of SUB-1239.The plan is from the 721.6.01 of the Hays County Development Regulations. The Delgado Subdivision is a proposed subdivision location off of South Turnersville Rd in Precinct 2. The proposed subdivision will plat the 2.5 acre lot to be in compliance with Hays County Development Rules and Regulations in order to issue development permits. Water service will be provided by Creedmoor-Maha Water Supply Corporation. Wastewater treatment will be accomplished by individual on-site sewage facility. The property owner is requesting a variance from the Hays County Transportation Plan wherein the recommended right-of-way for future roadway improvements is 150 feet. The owner feels this would be an undue hardship and diminish the value and use of the property. A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve the preliminary plan and consider a variance request to the Hays County Transportation Plan for SUB-1239; Delgado Subdivision. All present voting “Aye”. MOTION PASSED

33996 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A LICENSE AGREEMENT WITH

THE HAYS COUNTY CHILD PROTECTIVE BOARD RELATED TO THE COUNTY

PROPERTY LOCATED AT 401 C BROADWAY STREET, SAN MARCOS, TX 78666

General Counsel, Mark Kennedy spoke that changes were made after the backup was presented to the Court. The Child Protective Board can make changes to the interior. No separate liability insurance is needed. Director of Countywide Operations, Tammy Crumley assured the court that cleaning of the building will be on Tuesdays by County or Contract Cleaning. Lee Eckels of the Hays County Child Protective Board spoke. Pursuant to the objectives lined out in the meeting of the Commissioners Court on February 5, 2019 by the Hays County Child Protective Board, this License Agreement will provide space for the Rainbow Room. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the County Judge to execute a License Agreement with the Hays County Child Protective Board related to the County property located at 401 C Broadway Street, San Marcos, TX 78666. All present voting “Aye”. MOTION PASSED

33997 APPROVE AN ASSESSMENT AND COLLECTION AGREEMENT BETWEEN HAYS

COUNTY AND THE DRIFTWOOD CONSERVATION DISTRICT

Tax Assessor- Collector, Jenifer O’Kane spoke. We have been asked to collect the taxes for the Driftwood Conservation District. The board took action to approve the agreement at their April 17, 2019 meeting and is set to ratify the agreement at the May 29, 2019 meeting. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Smith to approve an Assessment and Collection Agreement between Hays County and the Driftwood Conservation District. All present voting “Aye”. MOTION PASSED

33998 ACTION REGARDING A REQUEST FROM A TAXPAYER TO REFUND PENALTY

AND INTEREST ACCRUED ON A TAX PAYMENT, CITING SECTION 33.011(H) OF

THE TEXAS PROPERTY TAX CODE

Tax Assessor- Collector, Jenifer O’Kane spoke and requested to give the customer a refund. See attached evidence submitted by the taxpayer showing proof of attempt to pay the original tax amount electronically in the proper manner before the delinquency date. Taxpayer states that failure to pay was caused by an error in the transmission of funds. A motion was made by Commissioner Smith, seconded by Commissioner Shell


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to request from a taxpayer to refund penalty and interest accrued on a tax payment, citing Section 33.011(h) of the Texas Property Tax Code. Commissioner Ingalsbe, Commissioner Smith, Commissioner Shell and Judge Becerra present voting “Aye”. Commissioner Jones voting “No”. MOTION PASSED

33999 ACTION TO USE COUNTY RECORDS PRESERVATION FUNDS TO HIRE

TEMPORARY PERSONNEL FOR SCANNING OF RECORDS FOR THE COUNTY

CLERK'S OFFICE AND AMEND THE BUDGET ACCORDINGLY

County Clerk, Elaine H. Cardenas spoke and gave a brief description of the reason to hire temporary personnel. The Clerk has received quotes from various vendors for a scanning project and due to the amount of cost, the clerk and the records management coordinator have come into an agreement that hiring temporary personnel for the scanning project will work out best. The County Clerk is requesting the Court's authorization to fund a scanning project. The project consists of 418 boxes of criminal cases. The boxes contain an average of 59 files per box, 24,662 documents and an estimated 493,240 pages. Temporary Staff will be hired for these projects on an as needed basis, not to exceed the total budgeted funds. The total number of hours needed to complete the project is 975 hours. The project will start July 1 and end on September 30, 2019. The cost of using temporary staff is significantly lower than outsourcing the scanning of the records to a company. The temporary staff will work under the direction of the Records Management Officer, who has worked on several other projects for other departments. Equipment and space are available to begin the project. Funds are available in the Records Preservation Fund for these projects. Budget Amendment: Increase Salaries - $11,000 Increase FICA - $682 Increase Medicare - $160 Decrease Contract Services - ($11,842) Attachment: Scanning Project Details. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to use County Records Preservation Funds to hire temporary personnel for scanning of records for the County Clerk's office and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


UNDERSTANDING (MOU) BETWEEN THE HAYS COUNTY LOCAL HEALTH

DEPARTMENT (LHD) AND THE DEPARTMENT OF STATE HEALTH SERVICES

(DSHS) FOR MEDICATIONS RECEIVED THROUGH THE INVENTORY TRACKING

ELECTRONIC ASSET MANAGEMENT SYSTEM (ITEAMS) PLATFORM

Director of Countywide Operations, Tammy Crumley gave a brief description of the new system in DSHS. The MOU provides the LHD with medications, at no cost to Hays County, for the outpatient treatment of sexually transmitted diseases (STD) and for tuberculosis (TB) services. Through this MOU the LHD is able to provide medication to uninsured or underinsured patients at no charge. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute a Memorandum of Understanding (MOU) between the Hays County Local Health Department (LHD) and the Department of State Health Services (DSHS) for medications received through the Inventory Tracking Electronic Asset Management System (ITEAMS) platform. All present voting “Aye”. MOTION PASSED

34001 AUTHORIZE COUNTY COURTS AT LAW TO PROCURE A CREDIT CARD IN AN

AMOUNT NOT TO EXCEED $5,000 FROM THE COUNTY DEPOSITORY BANK

County Court at Law #2, Judge Chris Johnson spoke. The County Courts at Law Judges are requesting a Hays County credit card for making department purchases, travel reservations, and other miscellaneous expenses that would normally be charged to the Countywide credit card, held by the Purchasing Department. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize County Courts at Law to procure a credit card in an amount not to exceed $5,000 from the County depository bank. All present voting “Aye”. MOTION PASSED

34002 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL COOPERATION

CONTRACT WITH THE DEPARTMENT OF PUBLIC SAFETY (DPS) FOR

ADMINISTRATIVE AND OPERATIONAL SUPPORT RELATED TO PUBLIC SAFETY

EFFORTS

Hays County currently provides administrative support to the Department of Public Safety which is budgeted annually during the county budget process. The Hays County employee that functions in this capacity requires access to the DPS case reporting system (SPURS) in order to complete certain public safety records. The attached agreement outlines the scope of operations and responsibilities for each entity and allows for access to the DPS software. No additional funds are needed. Attachment: DPS Interlocal Cooperation Contract. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute an Interlocal Cooperation Contract with the Department of Public Safety (DPS) for administrative and operational support related to public safety efforts. All present voting “Aye”. MOTION PASSED

34003 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT

BETWEEN HAYS COUNTY AND FORT BEND COUNTY FOR THE HOUSING AND

CARE OF HAYS COUNTY INMATES


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This Agreement will be utilized for the overflow of Hays County inmates. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute an Interlocal Agreement between Hays County and Fort Bend County for the housing and care of Hays County inmates. All present voting “Aye”. MOTION PASSED

34004 DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTION IN SUPPORT OF

TRANSFERRING OWNERSHIP OF PROPERTY FROM HAYS COUNTY TO THE CITY

OF DRIPPING SPRINGS, TEXAS, RELATED TO SURPLUS PROPERTY IN

POSSESSION OF THE CITY

A motion was made by Commissioner Smith, seconded by Commissioner Shell to adopt a resolution in Support of Transferring Ownership of Property from Hays County to the City of Dripping Springs, Texas, related to surplus property in possession of the City. All present voting “Aye”. MOTION PASSED

34005 ACTION TO MAKE SELECTION OF OUTSIDE COUNSEL TO HAYS COUNTY FOR

OPIOID LITIGATION PURSUANT TO RFQ # OGC-2019-001; AND TO AUTHORIZE

STAFF AND COUNSEL TO NEGOTIATE AND EXECUTE AN ENGAGEMENT LETTER

General Counsel, Mark Kennedy spoke. A motion was made by Judge Becerra, seconded by

Commissioner Smith to select Phipps, Deacon, Purnell, PLLC as the firm to represent Hays County in

relation to RFQ #OGC-2019-001, contingent on successful negotiation of an engagement letter by staff

and counsel, which shall be brought back to Court for consideration”. All present voting “Aye”.

MOTION PASSED

WORKSHOP TO PROVIDE AN UPDATE ON PROCUREMENT FOR NEW VIDEO STREAMING

SYSTEM IN THE HAYS COUNTY COMMISSIONERS COURTROOM, INCLUDING CURRENT

STATUS OF PROCUREMENT AND TIMELINE FOR COMPLETION

County Clerk, Elaine H. Cardenas, gave a brief PowerPoint presentation. The Commissioners Court is in need of a new video streaming system. Procurement for new streaming system is nearing completion. This workshop will allow opportunity for dialogue with judge and commissioners about considerations in choice of vendor(s), rough estimate of cost, optional features, and timeline.



DELIBERATION REGARDING THE PURCHASE AND/OR VALUE OF RIGHT OF

WAY ALONG AND INCLUDING DACY LANE IN PCT. 2

Court convened into Executive Session 10:52 a.m. and reconvened into open court at 10:55 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize acceptance of the Settlement Agreement on Parcel 66 of the Dacy Lane Phase II Improvements, as presented in Executive Session. All present voting “Aye”. MOTION PASSED


GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE

PURCHASE, EXCHANGE, LEASE AND/OR VALUE OF REAL PROPERTY OWNED BY HAYS

COUNTY ALONG REBEL DRIVE IN PCT 2 & PCT. 4

Court convened into Executive Session 10:55 a.m. and reconvened into open court at 10:58 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, and Legal Support Services Specialist, Janice Jones. No action taken.


CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION

INVOLVING HAYS COUNTY

Court convened into Executive Session 10:32 a.m. and reconvened into open court at 10:52 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex, Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, and Legal Support Services Specialist, Janice Jones.


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CLERK’S NOTE AGENDA ITEM # 64 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS



Commissioner Ingalsbe spoke. No Burn ban at this time.

CLERK’S NOTE AGENDA ITEM # 66 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB




– was pulled


POPULATION COUNTS AND COST

Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 548 and peak was 555 on June 14

th for the week of June 9

th

to June 15th, 2019. Estimated cost for outsourcing inmates this week as $76,252.00. The average number of

outsourced males is 198 and females are 13. This week’s inmates were housed in the following counties: Bastrop, Bell, Blanco, Burnett, Caldwell, Guadalupe, McLennan and Walker.







HAYS COUNTY, TEXAS


***** ***** JUNE 25, 2019

Page 1 of 8

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 25TH DAY OF JUNE A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:





WITH COMMISSIONER, PCT. 4, WALT SMITH, BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Lora Hardway gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS

Kristin McGarity resident of Kyle spoke of the opioid lawsuits. Dan Lyon, resident of San Marcos, spoke of the disbursements of county invoices. Rodrigo Amaya, resident of San Marcos spoke of the Sheriffs safety measures and county invoices.


Human Resources Specialists, Kim Jeter gave presentation of Hays County Service Awards.

5 – Year Service Awards – District Attorney’s Office – Rhonda Wiederstein, District Court –Rebecca Lyn

Linkhart, Juvenile Probation – Alexandra Alyce Luna, Tax Office – Mary Garza, Sheriff’s Office – Dianne Renee

Luna, 10 – Year Service Awards – Sheriff’s Office – Jason Cowan, Sheriff’s Office – Richard Lozano, 15 Year

Service Awards – Tax Office – Priscilla Rodriguez, 30 – Year Service Awards – IT Department – Virginia Sierra,

Retirement – Sheriff’s Office –Jimmy Quick.

PRESENTATION BY MARTHA JOYCE REGARDING AN UPDATE ON THE CENTRAL TEXAS

DISPUTE RESOLUTION CENTER

Martha Joyce spoke. The mediation services location has moved to 300 CM Allen Parkway Suite 400. The center has more room for mediators and also more public parking. The center has continued to train mediators and all mediators are volunteers. A new mediation program called Peer Mediation was implemented last year. Dispute Resolution Center has received $93,637.00 in alternate dispute resolution funds, monthly average of $4,682.00. Total ADR Funds of Hays County, Caldwell County and Comal County are $180,836.00. The case intake for Hays County 128 for the residence of Hays County. The Dispute Resolution Center has other services such as legal clinics; referral to other counties, state agencies and inquiring’s to a total of 900 persons.






A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the payment of United Healthcare claims in the amount of $ 161,426.21, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


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Page 2 of 8


A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court Minutes of June 18, 2019. All present voting “Aye”. MOTION PASSED

34011 APPROVE THE PAYMENT OF THE JUNE 30, 2019 PAYROLL DISBURSEMENTS IN

AN AMOUNT NOT TO EXCEED $3,575,000.00 EFFECTIVE JUNE 28, 2019 AND



Approve the June end of month payroll disbursements not to exceed $3,575,000.00. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the payment of the June 30, 2019 payroll disbursements in an amount not to exceed $3,575,000.00 effective June 28, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

34012 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CHANGE ORDER #1 WITH

MAC, INC. RELATED TO THE OLD SAN ANTONIO ROAD IMPROVEMENTS

PROJECT

On February 26, 2019 the Court awarded a contract to MAC, Inc. in response to IFB 2019-B01 for improvements to Old San Antonio Road. The original contract award was $1,411,463.80 which will increase to $1,458,640.10 or 3.34% if approved. Change Order #1 is needed to address the following issues: >Revision 1: Cost adjustments due to commutation line conflicts >Change Directive 1: Cost adjustments to driveways to Hays County standards >Change Directive 2: Cost adjustments to install conduit for communication line & back fill holes from power poles Funds are available within the Transportation Department operating budget for this change order. Attachment: MAC, Inc. CO #1. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Change Order #1 with MAC, Inc. related to the Old San Antonio Road Improvements Project. All present voting “Aye”. MOTION PASSED

34013 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO ACCEPT $679 IN

ADDITIONAL GRANT FUNDING FROM THE TEXAS JUVENILE JUSTICE

DEPARTMENT (TJJD) FOR COMMUNITY BASED PROGRAMS AND AMEND THE

BUDGET ACCORDINGLY

The Texas Juvenile Justice Department awarded the Hays County Juvenile Probation Department an additional $679 for expenses related to regional community-based programs. Funds may be utilized for juvenile programs for individuals that are on probation. No County matching funds are required. Budget Amendment: Increase .5448 Contract Services Increase .4301 Intergovernmental Revenue. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Juvenile Probation Department to accept $679 in additional grant funding from the Texas Juvenile Justice Department (TJJD) for Community Based Programs and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34014 ACCEPT ADDITIONAL GRANT FUNDING FROM THE DEPARTMENT OF JUSTICE,

DRUG ENFORCEMENT ADMINISTRATION FOR OVERTIME REIMBURSEMENTS

RELATED TO THE SHERIFF'S OFFICE ORGANIZED CRIME DRUG ENFORCEMENT

TASK FORCE (OCDETF) AND AMEND THE BUDGET ACCORDINGLY

Rodrigo Amaya, resident of San Marcos, made public comment. County Auditor, Marisol Villarreal-Alonzo spoke. The Sheriff's Office receives funding annually from the Drug Enforcement Administration to offset overtime costs for the detective assigned to the OCDETF program. Attachment: DOJ OCDETF Grant Notification Budget Amendment: Increase Intergovernmental Revenue .4301 Increase Overtime Compensation-CBA .5032. A motion was made by Commissioner Shell, seconded by Commissioner Jones to accept additional grant funding from the Department of Justice, Drug Enforcement Administration for overtime reimbursements related to the Sheriff's Office Organized Crime Drug Enforcement Task Force (OCDETF) and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34015 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE SALARY SAVINGS FOR

VEHICLE MAINTENANCE & REPAIRS; A REPLACEMENT HVAC EQUIPMENT

PURCHASE AND AMEND THE BUDGET ACCORDINGLY


***** ***** JUNE 25, 2019

Page 3 of 8

Dan Lyon, resident of San Marcos, made public comment. Rodrigo Amaya, resident of San Marcos, made public comment. Captain Burns spoke on the vehicle maintenance and repairs. Captain Julie Villalpando spoke. Captain Davenport spoke. The Sheriff's Office operating budget for vehicle maintenance & repair is currently at $3k, which is not sufficient to cover the remainder of the fiscal year for preventative maintenance and repairs for the SO fleet. Additional funds are needed due to an increase in collision repair costs that are now being funded through the SO Operating budget. Current expenses average around $17k per month, therefore an additional $60k is estimated to cover the remainder of this fiscal year. Additionally, the Jail is requesting the replacement of RTU 23i, air conditioning unit serving D-Multipurpose room. The A/C unit is nine years old and the estimate for repairs is $11,146. A total replacement of the unit is $14,251. The Sheriff is requesting replacement of this unit, as the most cost-effective approach and to gain a 10- year warranty on the new system. SI Mechanical will be utilized as the county contractor for HVAC equipment. They are registered with the State of Texas and licensed as air conditioning contractors. This work involves the use of refrigerant recovery equipment and licensed technicians. Attachment: SI Mechanical Quote Budget Amendment: Decrease SO Operating Staff Salaries - 001-618-00.5021 - ($60,000) Increase SO Vehicle Maintenance & Repair - 001-618-00.5413 - $60,000 Decrease Jail Division Staff Salaries - 001-618-03.5021 - ($14,251) Increase Miscellaneous Equipment_Ops - 001-618-03.5719_400 - $14,251. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Sheriff's Office to utilize salary savings for vehicle maintenance & repairs; a replacement HVAC equipment purchase and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34016 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO PURCHASE TWO (2)

MISTING FANS UTILIZING DSHSHAZARDS GRANT FUNDING FOR USE DURING

EMERGENCY INCIDENTS AND AMEND THE BUDGET ACCORDINGLY

Authorize the Office of Emergency Services to purchase two portable misting fans that will be used during emergency incidents. These fans can cool up to 500 sq. ft. by 25°F and have 10-gallon water tanks that provide up to 5 hours of use. Funding for these fans has been identified in the DSHS Hazards Grant. Attachment: Uline Quote and Product Specs Budget Amendment: Increase Misc. Equipment_Ops Decrease General Supplies. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Office of Emergency Services to purchase two (2) misting fans utilizing DSHSHazards grant funding for use during emergency incidents and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34017 AUTHORIZE THE COMMISSIONER PCT. 1 OFFICE TO SUPPORT THE HAYS

CARES SHOES OF HOPE EVENT RELATEDTO SHOE DISTRIBUTION INITIATIVES

FOR HAYS COUNTY CHILDREN

The Commissioner Pct. 1 would like to provide sponsorship funding to Samaritan's Feet for the Hays Cares Shoes of Hope event to be held at Lehman High School 1700 Lehman Rd. Kyle on August 3rd. This program will provide children with the essentials needed to return to school. Objectives of the Shoes of Hope program are: • Provide new athletic shoes and socks for needy individuals. • Partner with local schools, corporations, non-profits, and other organizations, utilizing the power of collaboration to transform communities through service. • Encourage both students and volunteers with the life-changing message of hope and respect for all people. Attachment: Hays Cares Shoes of Hope Sponsorship Information Funds are available within the Commissioner's operating budget to provide sponsorship support. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Commissioner Pct. 1 Office to support the Hays Cares Shoes of Hope event related to shoe distribution initiatives for Hays County children. All present voting “Aye”. MOTION PASSED

34018 APPROVE AND CONFIRM THE APPOINTMENT OF JENNINGS B. GRAHAM AS

RESERVE DEPUTY CONSTABLE, FOR PRECINCT 3, EFFECTIVE JUNE 25, 2019

Graham has 38 years in Law Enforcement and has retired from the Nassau Bay Police Department with 23 years. He spent 15 years as a Sheriff Deputy for Galveston County & Brazoria County. He holds a Masters Peace Officer License and is a motorcycle Officer. Pursuant to Local Government Code Chapter 86 Subchapter B 86.011 (a) The Commissioner's Court shall approve and confirm the appointment of a Deputy Constable. Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE. (a) An elected constable who desires to appoint a deputy must apply in writing to the commissioner’s court of the county and show that it is necessary to appoint a deputy in order to properly handle the business of the constable's office that originates in the constable's precinct. The application must state the name of the proposed deputy. The commissioner’s court shall approve and confirm the appointment of the deputy only if the commissioner’s court determines that the constable needs a deputy to handle the business originating in the precinct. (b) Each deputy constable must qualify in the manner provided for deputy sheriffs. (c) The constable is responsible for the official acts of each deputy of the constable. The constable may require a deputy to post a bond or security. A constable may exercise any remedy against a deputy or the deputy's surety that a person may exercise against the constable or the constable's surety. (d) A person commits an offense if the person: (1) serves as a deputy constable and the person has not been appointed as provided by Subsection (a); or (2) is a constable and issues a deputyship without the consent and


***** ***** JUNE 25, 2019

Page 4 of 8

approval of the commissioner’s court. (e) An offense under Subsection (d) is punishable by a fine of not less than $50 or more than $1,000. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to approve and confirm the appointment of Jennings B. Graham as Reserve Deputy Constable, for Precinct 3, effective June 25, 2019. All present voting “Aye”. MOTION PASSED

34019 AUTHORIZE THE RECORDS MANAGEMENT OFFICER TO EXTEND TEMPORARY

PART-TIME POSITIONS RELATED TO RECORDS RETENTION AND

PRESERVATION OF RECORDS FOR THE CRIMINAL DISTRICT ATTORNEY'S

OFFICE AND AMEND THE BUDGET ACCORDINGLY

The Records Management Officer is requesting the Courts authorization to continue current scanning projects. In October 2017, the Commissioners Court approved the funding of several scanning projects for FY 2018 and FY 2019. The Records Management Officer is requesting an additional 3,484 hours to assist with the completion of this project. The additional hours are due to a higher count in files per box for more recent years that results in more data entry, additional tasks needed for completing the project, changes to the retention schedules that affected the processing of juvenile records and the final total number of files for 2017 and 2018. Since October 2017, the Records Management office has completed the scanning of 12,980 folders containing 90,140 documents. The total includes 6,579 Misdemeanor case files with 69,228 documents, 6,015 Felony case files with 20,075 documents, and 386 CPS case files with 837 documents. There is an estimate total of 31,653 files that remain to be processed. Funds are available in the Records Preservation Fund for these projects. Budget Amendment: Increase Salaries - $38,324 Increase FICA - $2,376 Increase Medicare - $556 Decrease Contract Services - ($41,256) Attachment: Scanning Project Details. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Records Management Officer to extend temporary part-time positions related to records retention and preservation of records for the Criminal District Attorney's Office and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34020 AUTHORIZE THE SUBMISSION OF THE RENEWAL GRANT APPLICATION TO THE

TEXAS DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE FY20

TUBERCULOSIS/FEDERAL CONTRACT IN THE AMOUNT OF $22,297

The DSHS provides funding to local health departments for the identification and treatment of those persons with, or exposed to, tuberculosis (TB). The federal funding is $22,297, with a 20% match ($4,459) required of the County for participation in the program, for total project amount of $26,756. The match will be budgeted within the Health Department for fiscal year FY20 from existing salaries, benefits, and operating expenses. Grant Period: 1/1/2020 - 12/31/2020 with an option to renew to extend through 12/31/2021 The application is due on July 2, 2019 and will be submitted electronically. Attachments: FY20 TB FED ILA Packet FY20 Budget Templates with Match. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the submission of the renewal grant application to the Texas Department of State Health Services (DSHS) for the FY20 Tuberculosis/Federal Contract in the amount of $22,297. All present voting “Aye”. MOTION PASSED

34021 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO REPAIR DAMAGED

LOW WATER CROSSING MONITORING EQUIPMENT AT THE WINDY HILL RD (CR

131) LOCATION AND AMEND THE BUDGET ACCORDINGLY

Assistant Director of Emergency Services, Justin McInnis spoke. The flasher #1 pole at 50030 Windy Hill Rd (CR 131) at Andrews Branch was damaged during a vehicular accident on May 27th, 2019. The vehicle broke the pole base, causing the pole to fall over and damage the electronics enclosure, the batteries, the lights and cabling. All of these items must be replaced before the station can be reinstalled. The Emergency Services Director has received quotes from our current LWC installation vendor to complete repairs. Hays County will be seeking reimbursement from at fault parties; however, it is imperative that these repairs are completed in a timely manner for safety reasons. Attachments: Water & Earth Technologies Quotes #A637-216 - $3,894.13 Possible Funding: Co-Wide Self Insurance - 001-645-00.5342.A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Office of Emergency Services to repair damaged Low Water Crossing Monitoring equipment at the Windy Hill Rd (CR 131) location and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34022 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO REPAIR DAMAGED

LOW WATER CROSSING FLASHER STATIONS IMPACTED BY THE MAY 2019

FLOODS AND AMEND THE BUDGET ACCORDINGLY

Rodrigo Amaya, resident of San Marcos, made public comment. During the May 2019 flood event, the Hays County flood early warning system sustained damages to its infrastructure. Damages to the system include: Uhland Rd Pressure Transducer & Riser Replacement Flasher Uhland Rd Light Replacement Wayside Drive Riser Repair Mt. Gainor Pressure Transducer Replacement Flasher Creek Rd Pressure Transducer & Riser Replacement Flasher Trautwein Rd Light Replacement The Emergency Services Director has received quotes


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from our contracted vendor to complete the repairs. Attachment Water & Earth Technologies Quote XPHC007-1> Uhland Road PT & Riser $4,672.58 >Uhland Road Light Replacement $235.88 >Wayside Drive Riser Repair $460.00 >Mt. Gainor $3,297.25 >Creek Road $5,235.95 >Trautwein Rd Light Replacement $235.88 Possible Funding: Co-Wide Self Insurance - 001-645-00.5342.A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Office of Emergency Services to repair damaged Low Water Crossing Flasher stations impacted by the May 2019 floods and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34023 AUTHORIZE THE CONSTABLE PCT. 1 OFFICE TO PURCHASE REPLACEMENT

WEAPONS FOR LAW ENFORCEMENT OFFICER SAFETY

Dan Lyon, resident of San Marcos, made public comment, Rodrigo Amaya, resident of San Marcos, made public comment. Constable Pct. 1, David Peterson spoke. The Constable’s Office is in need of four (4) Mossberg SP LE 12Ga Shotguns for full time Deputies for law enforcement and safety needs. Funds are available in the Constable’s budget for this purchase. Attachment: GT Distributor's Quote #QTE0106179 BuyBoard Contract #524-17. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Constable Pct. 1 Office to purchase replacement weapons for law enforcement officer safety. All present voting “Aye”. MOTION PASSED

APPROVE OUT OF STATE TRAVEL FOR CHIEF OF STAFF ALEX VILLALOBOS TO ATTEND THE

NATIONAL ASSOCIATION OF COUNTIES (NACO) 84TH ANNUAL CONFERENCE & EXPOSITION

IN LAS VEGAS, NEVADA ON JULY 12 - 15, 2019

Dan Lyon, resident of San Marcos, made public comment. Chief of Staff, Alex Villalobos spoke. The County Judge is requesting authorization for his Chief of Staff to travel out of state to attend the NACo Conference in Las Vegas. This conference provides key opportunities to exchange cutting-edge best practices and shape NACo’s federal policy agenda for the year ahead. Estimated costs for registration, airfare and hotel are $2,000. Funds are available within the County Judge's operating budget to cover this expense. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve out of state travel for Chief of Staff Alex Villalobos to attend the National Association of Counties (NACo) 84th Annual Conference & Exposition in Las Vegas, Nevada on July 12 - 15, 2019. Commissioner Ingalsbe and Judge Becerra voting “Aye”. Commissioner Shell and Commissioner Jones voting “No”. MOTION NOT PASSED

34024 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SUPPLEMENTAL AGREEMENT

NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH REYNOLDS,

SMITH & HILLS CS, INC. (RS&H) FOR THE FM 1626 SOUTH CONSTRUCTION

MANAGEMENT PROJECT AS PART OF THE PASS-THROUGH FINANCE PROGRAM

IN HAYS COUNTY, INCREASING THE COMPENSATION CAP BY $986,819.00

FROM $2,535,000 TO $3,521,819

Commissioner Jones spoke. Transportation Director, Jerry Borcherding spoke. General Counsel, Mark Kennedy spoke. Requesting a discretionary exemption per Local Government Code, Ch. 262.04(a)(4) due to amended contract value exceeding 25%. The additional authorized money will allow for the execution of a Supplemental #5 to Work Authorization #1 for FM 1626 South construction management services. The FM 1626 South project was originally expected to have a duration of around 20 months. But through different utility and ROW issues along with plans revisions, we are in month 32 and the project is expected to continue through the end of 2019 according to the current contractor schedule. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the County Judge to execute a Supplemental Agreement No. 1 to the Professional Services Agreement (PSA) with Reynolds, Smith & Hills CS, Inc. (RS&H) for the FM 1626 South construction management project as part of the Pass-Through Finance Program in Hays County, increasing the Compensation Cap by $986,819.00 from $2,535,000 to $3,521,819. All present voting “Aye”. MOTION PASSED

34025 SUB-1304; BUSH RANCH, PHASE 4, SECTION 1 (1 LOT). DISCUSSION AND

POSSIBLE ACTION TO APPROVE PRELIMINARY PLAN

County Planner, Marcus Pacheco spoke and gave staff recommendation. The proposed Bush Ranch Phase 4, Section 1 is a 1 lot subdivision located off of W US Highway 290 in Precinct 4. Water service will be provided by West Travis County Public Utility Agency. Wastewater service will be accomplished by Hays County Municipal Utility District No. 4. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve preliminary plan of SUB-1304; Bush Ranch, Phase 4, Section 1 (1 Lot). All present voting “Aye”. MOTION PASSED


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34026 AUTHORIZE ON-SITE SEWAGE SYSTEM PERMIT FOR 5 SHORT-TERM RENTAL

CABINS AND GRANT A VARIANCE TO SECTION 10 W. 6. OF THE HAYS COUNTY

RULES FOR ON-SITE SEWAGE FACILITIES AT 405 MARTIN ROAD, DRIPPING

SPRINGS, TEXAS 78620

Director of Development Services, Caitlyn Strickland spoke. Trevor Cutler is proposing an On-Site Sewage System to serve 5 short-term rental cabins. This 4.00-acre tract of land is Lot 2 in the Booky T Subdivision and will be served by a private well. The system designer has designed a standard treatment system. After treatment, the effluent will be disposed via standard disposal for a maximum daily rate of 500 gallons. The system designer, Jim Conner, R.S., is requesting a variance to Section 10 W. 6. of the Hays County Rules for On-Site Sewage Facilities which requires that this on-site sewage system to be equipped with a flow metering device capable of measuring and recording the average daily flow rate. His justification for the variance request is that the "a flow meter placed on the water line entering each cabin will provide equal protection the same amount of water going through the meter will be going to the OSSF." A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize On-Site Sewage System Permit for 5 short-term rental cabins and grant a variance to Section 10 W. 6. of the Hays County Rules for On-Site Sewage Facilities at 405 Martin Road, Dripping Springs, Texas 78620. All present voting “Aye”. MOTION PASSED

34027 AWARD RFP 2019-P05 EMPLOYEE ASSISTANCE PROGRAM TO DEER OAKS EAP

SERVICES, LLC AND AUTHORIZE STAFF AND GENERAL COUNSEL TO

NEGOTIATE A CONTRACT

HR Director, Shari Miller spoke. On May 14, 2019 the Commissioners Court approved the specifications for a solicitation for an Employee Assistance Program. Purchasing received proposals from two vendors: Cigna Behavioral Health, Inc. and Deer Oaks EAP Services, LLC. After reviewing the proposals and interviewing both vendors, the evaluation committee recommends that the award be made to Deer Oaks EAP Services. The vendors proposal is for approximately $12,750/year for 3 years. The county's current cost for a similar program is approximately $13,158 annually. Attached: Average Score Sheet RFP 2019-P05. A motion was made by Commissioner Ingalsbe, seconded by Commissioner to award RFP 2019-P05 Employee Assistance Program to Deer Oaks EAP Services, LLC and authorize staff and General Counsel to negotiate a contract. All present voting “Aye”. MOTION PASSED

34028 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MULTIPLE USE AGREEMENT

(MUA) BETWEEN THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) AND

HAYS COUNTY REGARDING THE INSTALLATION AND MAINTENANCE OF FLOOD

EARLY WARNING EQUIPMENT WITHIN THE TXDOT RIGHT OF WAY ON RM 150

AT THE ONION CREEK DOUBLE CROSSING

Assistant Director of Emergency Services, Justin McInnis spoke. Commissioner Jones and Commissioner Shell spoke. The Commissioners Court approved a resolution on April 30, 2019 in support of a partnership with TxDOT for the installation and maintenance of flood early warning equipment on State highways or State right of ways. This MUA will provide for the installation and maintenance of such equipment within the TxDOT Right of Way on RM 150 at the Onion Creek double crossing. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute a Multiple Use Agreement (MUA) between the Texas Department of Transportation (TxDOT) and Hays County regarding the installation and maintenance of flood early warning equipment within the TxDOT Right of Way on RM 150 at the Onion Creek double crossing. All present voting “Aye”. MOTION PASSED

34029 ACTION TO ADOPT AN ORDER AUTHORIZING THE ISSUANCE OF “HAYS

COUNTY, TEXAS UNLIMITED TAX ROAD BONDS”; LEVYING AN ANNUAL AD

VALOREM TAX, WITHOUT LIMIT AS TO RATE OR AMOUNT, FOR THE PAYMENT

OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND

RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE,

SALE, AND DELIVERY OF THE BONDS; DELEGATING AUTHORITY TO CERTAIN

MEMBERS OF THE COMMISSIONERS COURT AND COUNTY STAFF TO

EXECUTECERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS;

AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT;

AND PROVIDING AN EFFECTIVE DATE

Dan Wegmiller and Julia Houston spoke. These delegation/parameter bond orders are needed for the issuance of bonds authorized by the citizens of Hays County in November 2016. Attached: Parameter Order. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the issuance of Hays County, Texas Unlimited Tax Road Bonds, levying an annual ad valorem tax, without limit as to rate or amount, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other


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matters incident and related to the issuance, sale and delivery of the bonds; delegating authority to certain members of the Commissioners Court and County Staff to execute certain documents relating to the sale of the Bonds; authorizing the execution of paying agent/registrar agreement; and providing an effective date of 06/25/2019. All present voting “Aye”. MOTION PASSED

34030 AUTHORIZE THE CONSTABLE PCT. 3 OFFICE TO CONVERT TWO PART-TIME

DEPUTY CONSTABLE POSITIONS INTO ONE FULL-TIME POSITION EFFECTIVE

JULY 1, 2019 AND AMEND THE BUDGET ACCORDINGLY

Constable Pct. 4, Ray Helm spoke. First Assistant County Auditor, Vickie Dorsett, spoke. The Constable is requesting approval to convert two part-time positions into one full-time position due to complications with hiring part-time law enforcement officers. If approved, insurance benefits ($11,802 annualized) will be added to the cost of the position. These two positions are currently being funded by the City of Woodcreek and Wimberley ISD. The General Counsel's office is working with the two agencies to draft amended Interlocal Agreements to cover the additional cost for the insurance benefits. It is anticipated that these amended ILA's will be presented for approval with an effective date of 10/1/19 with the county covering the additional cost for the remaining three months of FY19. Budget Amendment: $2,833 - Increase Medical Insurance $ 101 - Increase Dental Insurance $ 16 - Increase Life Insurance Possible funding source: County Wide salary adjustments due to attrition. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the Constable Pct. 3 Office to convert two part-time Deputy Constable positions into one full-time position effective July 1, 2019 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

CLERK’S NOTE: AGENDA ITEM # 28 RE: DISCUSSION AND POSSIBLE ACTION TO CONSIDER A

VARIANCE FROM SECTION 10 C-1 OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES

AND GRANT A DEVELOPMENT AUTHORIZATION TO THE OWNER AT 4605 AIRPORT HIGHWAY 21

MAXWELL, TEXAS 78656. – WAS PULLED

CLERK’S NOTE: COURT TOOK A BREAK AT 10:18AM – 10:25AM.

WORKSHOP ON VIRTUAL HEALTHCARE FOR CITIZENS OF HAYS COUNTY WHO ARE

INDIGENT AND/OR UNDERSERVED WITH CHRONIC DISEASES

Merchant’s Resource Group, CEO, Kyle Hayungs spoke. See backup for more information and additional

information may be presented in Court during the Workshop.



INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session 11:22 a.m. and reconvened into open court at 11:32a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Judge Becerra, Chief of Staff Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, and Legal Support Services Specialist, Janice Jones. No action taken.

CLERK’S NOTE: AGENDA ITEM # 31 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071


DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE AND/OR VALUE OF REAL

PROPERTY OWNED BY HAYS COUNTY ALONG REBEL DRIVE IN PCT 2 & PCT. 4. POSSIBLE ACTION

TO FOLLOW IN OPEN COURT. – WAS PULLED

CLERK’S NOTE: AGENDA ITEM # 32 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED

CLERK’S NOTE: AGENDA ITEM # 33 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – WAS PULLED


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CLERK’S NOTE: AGENDA ITEM # 34 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED

CLERK’S NOTE: AGENDA ITEM # 35 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW.

– WAS PULLED



Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 551 and peak was 557 on June 21

st for the week of June 16

th









HAYS COUNTY, TEXAS


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STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 2ND DAY OF JULY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY,







THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Executive Pastor Paul Valdez from the Fellowship Church at Plum Creek gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Rodrigo Amaya, resident of San Marcos, made public comment on availability of County Judges Office, meeting with Jerry Borcherding and Jennifer Scott at Commissioner Pct 2 office, and Commissioner Smith’s availability. Dan Lyon, resident of San Marcos, made public comment on sheriff office disbursements.






A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of Humana and United Healthcare claims in the amount of $1,499,406.40, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of June 25, 2019, as presented by County Clerk. All present voting “Aye”. MOTION PASSED

34035 APPROVE THE PAYMENT OF THE JULY 15, 2019 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,700,000.00 EFFECTIVE JULY 15, 2019 AND



Approve the July mid-month payroll disbursements not to exceed $2,700,000.00. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the payment of the July 15, 2019 payroll disbursements in an amount not to exceed $2,700,000.00 effective July 15, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

34036 AUTHORIZE COMMERCIAL ON-SITE SEWAGE FACILITY PERMIT FOR 8 RVS AT 400 KOTHMANN RD, WIMBERLEY, TX 78620

Louie Bruno is proposing an On-Site Sewage System to serve 8 recreational vehicles. This 14.074-acre parcel of land is Lot 15A in the Glen Kothmann subdivision and will be served by a public water suppy that will be


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trucked to the property. The system designer, Kyle DeHart, R.S., has designed a non-standard treatment system. After treatment, the effluent will be dispersed through drip irrigation tubing for a maximum daily rate of 400 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Commercial On-Site Sewage Facility Permit for 8 RVs at 400 Kothmann Rd, Wimberley, TX 78620. All present voting “Aye”. MOTION PASSED

34037 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR CONVENIENCE STORE AT

2709 E FM 150, KYLE, TEXAS 78640

FM 150 LLC, is proposing an On-Site Sewage System to serve a new convenience store/gas station. This 2.30- acre tract of land is Lot 1 of the Westhill Corner subdivision in the City of Kyle and will be served by a public water supply. The system designer, David Coombs, P.E., has designed a non-standard treatment system. After treatment, the effluent will be dispersed via low-pressure pipe for a maximum daily rate of 690 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for convenience store at 2709 E FM 150, Kyle, Texas 78640. All present voting “Aye”. MOTION PASSED

34038 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE LADYBIRD

MONTESSORI SCHOOL AT 1305 OLD BLACK COLONY RD, BUDA, TEXAS, 78610 Ladybird Montessori LLC, is proposing an On-Site Sewage System to serve their new school. This system is designed to accommodate up to 200 students and teachers. This 11.956-acre tract of land is Lot 1 of the Ladybird Montessori subdivision and will be served by a public water supply. The system designer, Jon Maass, P.E., has designed a standard treatment system. After treatment, the effluent will be dispersed via drip irrigation tubing for a maximum daily rate of 2400 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for the Ladybird Montessori School at 1305 Old Black Colony Rd, Buda, Texas, 78610. All present voting “Aye”. MOTION PASSED

34039 AUTHORIZE PAYMENT TO ON SITE SERVICES IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY

On Site Services submitted two invoices for testing done the same day resulting in the amount being over $500. Per County Purchasing Policy, a purchase order is needed. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize payment to On Site Services in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED


Permit #: 1144,1145 Road Name: Bunton Lane, Mirela Ann Road & Terra Scena Trl., Utility Company: (PEC), LJA Engineering. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve Utility Permits #1144 located on Bunton Lane issued to PEC and Permit #1145 located on Mirela Ann Road & Terra Scena Trl issued to LJA Engineering. All present voting “Aye”. MOTION PASSED

34041 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR OFFICE BUILDING WITH APARTMENTS LOCATED AT 4605 AIRPORT HIGHWAY 21, SAN MARCOS, TEXAS

78666

Russell Forrester is proposing an OSSF to serve a small office building that includes three apartments. The system is designed to accommodate the apartments and a maximum of 5 employees per day. This 10.01-acre tract of land will be served by a public water supply. The system designer, Andy Grubbs, R.S., has designed a proprietary treatment system with flow equalization. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 500 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for office building with apartments located at 4605 Airport Highway 21, San Marcos, Texas 78666. All present voting “Aye”. MOTION PASSED

34042 APPROVE BOND 601152227 TO THE HAYS COUNTY JUDGE FOR THE NEWLY

APPOINTED FIRE MARSHAL, PER LOCAL GOVERNMENT CODE, CH. 352.012

The Fire Marshal bond requires court approval per LGC 352.012, and must be made payable to the County Judge per LGC 88.002. Attachment: Bond. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve bond 601152227 to the Hays County Judge for the newly appointed Fire Marshal, per Local Government Code, Ch. 352.012. All present voting “Aye”. MOTION PASSED


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34043 AUTHORIZE THE EXECUTION OF AN AMENDED LETTER OF AGREEMENT BETWEEN THE HAYS COUNTY VETERANS TREATMENT COURT AND AUSTIN

RECOVERY, INC. RELATED TO A FEE REDUCTION FOR THE RESIDENTIAL

SUBSTANCE ABUSE TREATMENT FACILITY

On May 21, 2019 the Commissioners Court authorized a letter agreement with Austin Recovery-Hicks Family Ranch for Veterans in-patient treatment for substance abuse disorders. The revised agreement reflects a revision in the fee schedule, reducing the 30-day treatment costs from $12,000 to $7,500 per individual. The Texas Veteran's Commission grant will fund all costs associated with this program. Attachments: Austin Recovery, Inc. Letter of Agreement (revised). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the execution of an amended Letter of Agreement between the Hays County Veterans Treatment Court and Austin Recovery, Inc. related to a fee reduction for the residential substance abuse treatment facility. All present voting “Aye”. MOTION PASSED

34044 AUTHORIZE THE HISTORICAL COMMISSION TO PURCHASE A REPLACEMENT

COMPUTER WITH ACCESSORIES AND AMEND THE BUDGET ACCORDINGLY

This Historical Commission lead volunteer offices at the County Courthouse and assists with all county historical projects. The computer assigned to this volunteer has not been functional for two months and is beyond repairs per IT staff. Funds are available within their operating budget to fund this request. Attachments: Dell DIR Contract: #DIR-TSO-3763 Budget Amendment:$ 880 - Increase Computer Equipment_Ops (computer)$ 812 - Increase Data Supplies (monitors & printer)$ 387 - Increase Software Licenses (Adobe Pro) ($2,079) - Decrease Contract Services. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the Historical Commission to purchase a replacement computer with accessories and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 34045 ACCEPT THE FISCAL YEAR 2018 HAYS COUNTY EMERGENCY SERVICES

DISTRICT #7 AUDIT REPORT PER TEXAS HEALTH AND SAFETY CODE 775.082 Texas Health and Safety Code 775.082 requires that the District prepare and file with the Commissioners Court by June 1 of each year an audit report of the district's fiscal accounts and records. The District's Audit Report was completed on June 8, 2019. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the Fiscal Year 2018 Hays County Emergency Services District #7 Audit Report per Texas Health and Safety Code 775.082. All present voting “Aye”. MOTION PASSED

34046 ACCEPT THE MID-YEAR FINANCIAL REPORT FOR FISCAL YEAR TO DATE

THROUGH MARCH 31, 2019 AS PREPARED BY THE OFFICE OF THE COUNTY

AUDITOR

The Auditor's Office March 2019 Financial Report will be provided in Court. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to accept the mid-year financial report for fiscal year to date through March 31, 2019 as prepared by the office of the County Auditor. All present voting “Aye”. MOTION PASSED

34047 AUTHORIZE ADDITIONAL FUNDING FOR THE PURCHASE OF FOUR (4)

REPLACEMENT HAZMAT LEVEL A SUITS FOR THE OFFICE OF EMERGENCY

SERVICES HAZMAT TEAM AND AMEND THE BUDGET ACCORDINGLY Rodrigo Amaya, a San Marcos resident, spoke on the necessity of these hazmat level suits and how many incidents we have had. Emergency Services Director, Kharley Smith addressed the questions and clarified any information needed. On February 12, 2019 the Court authorized the purchase of replacement Hazmat Level A suits for the HazMat truck. An error was made in the original pricing and additional funds are needed in order to obtain the appropriate National Fire Protection Agency (NFPA) certified suits. Funds are available within the OES operating budget for this purchase. Budget Amendment: Increase 001-656-00.5719_400 - Miscellaneous Equipment Operating Expense Decrease 001-656-00.5448 - Contract Services. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize additional funding for the purchase of four (4) replacement Hazmat Level A suits for the Office of Emergency Services HazMat Team and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 34048 RELEASE OF THE MAINTENANCE BOND #EAIC881700004 IN THE AMOUNT OF

$42,158.17, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD

MAINTENANCE SYSTEM FOR STONEFIELD SUBDIVISION, SECTION 10

(REMAINDER OF ADOQUIN TRAIL ONLY) Staff recommends acceptance of this road into the county road maintenance system. It includes: the remainder of Adoquin Trail (1,909 ft. new total length). A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to release the maintenance bond #EAIC881700004 in the amount of $42,158.17,


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and the acceptance of roads into the county road maintenance system for Stonefield subdivision, Section 10 (remainder of Adoquin Trail only). All present voting “Aye”. MOTION PASSED

34049 CALL FOR A PUBLIC HEARING ON JULY 16, 2019 TO ESTABLISH A 4-WAY STOP

ON TRINITY HILLS DRIVE AT THE INTERSECTION WITH LITTLETON DRIVE AND

BELTERRA VILLAGE WAY IN BELTERRA SUBDIVISION TO HELP WITH PEDESTRIAN AND BIKE TRAFFIC CROSSING THE ROAD

Commissioner Walt Smith spoke briefly on where this is located exactly. This action would allow for the installation of 2 new stop signs on Trinity Hills Drive at the intersection with Littleton Drive and Belterra Village Way to accommodate pedestrian and bike traffic as they cross Trinity Hills Drive from residential areas to visit the shops. A motion was made by Commissioner Smith, seconded by Commissioner Shell to call for a public hearing on July 16, 2019 to establish a 4-way stop on Trinity Hills Drive at the intersection with Littleton Drive and Belterra Village Way in Belterra subdivision to help with pedestrian and bike traffic crossing the road. All present voting “Aye”. MOTION PASSED


AGREEMENT (PSA) WITH BINKLEY & BARFIELD INC. FOR UTILITY

COORDINATION SERVICES RELATED TO THE LIME KILN ROAD (CR 225)

PROJECT AS PART OF THE HAYS COUNTY 2016 ROAD BOND PROGRAM AND

AMEND THE BUDGET ACCORDINGLY This contract is for the performance, as needed, for Utility Adjustment Coordination, Utility Engineering, Utility Design, and Project Management related to the coordination and/or adjustment of seven utilities identified along the Lime Kiln Road (CR 225) [17/21-868-020] Road Bond Project through an initial Texas One Call and the Texas Railroad Commission. A Work Authorization for specific phased work is under negotiation. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement (PSA) with Binkley & Barfield Inc. for utility coordination services related to the Lime Kiln Road (CR 225) project as part of the Hays County 2016 Road Bond Program and amend the budget accordingly. All present voting “Aye”. MOTION PASSED 34051 SUB-1304; APPROVE FINAL PLAT FOR THE BUSH RANCH, PHASE 4, SECTION 1

SUBDIVISION

Hays County Planner, Marcus Pacheco spoke about the plat and staff gave recommendation. The proposed Bush Ranch Phase 4, Section 1 is a 1 lot subdivision located off of W US Highway 290 in Precinct 4. Water service will be provided by West Travis County Public Utility Agency. Wastewater service will be accomplished by Hays County Municipal Utility District No. 4. A motion was made by Commissioner Smith, seconded by Commissioner Shell to approve final plat of SUB-1304; Bush Ranch, Phase 4, Section 1 Subdivision. All present voting “Aye”. MOTION PASSED 34052 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A HEALTH CARE SERVICES

AGREEMENT WITH WELLPATH, LLC FOR THE JUVENILE DETENTION FACILITY


Rodrigo Amaya, a San Marcos resident, spoke on the liability concerns of eliminating the nurses. Brett Littlejohn, a representative from the Hays County Juvenile Center, spoke and clarified any questions that the public and Commissioners asked. The Juvenile Detention Center Director is requesting authorization to participate with the Sheriff's contract medical provider pursuant to Local Government Code, Ch. 262.04(a)(4). Wellpath will provide LVN, RN and Physician oversite to administer health care services and related administrative services as outlined in the provisions of the attached Agreement. Attachment: Wellpath, LLC Agreement Budget Amendment: Increase Health Care Program Services Decrease Salary Adjustments. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Health Care Services Agreement with Wellpath, LLC for the Juvenile Detention Facility and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34053 ELIMINATE TWO FULL-TIME LICENSED VOCATIONAL NURSE POSITIONS WITHIN

THE JUVENILE DETENTION CENTER EFFECTIVE 8/1/2019

The Juvenile Detention Center Director will eliminate two full-time LVN positions in order to move to the contract for medical services with Wellpath, LLC. These positions have become difficult to fill therefore will be eliminated effective 8/1/19 to coincide with the new medical services contract. Annualized savings for this action is estimated at $115k. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to eliminate two full-time Licensed Vocational Nurse positions within the Juvenile Detention Center effective 8/1/2019. All present voting “Aye”. MOTION PASSED


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ACTION REGARDING THE CRIMINAL JUSTICE COORDINATING COMMISSION INCLUDING AN

UPDATE ON RECENT COMMISSION AND SUBCOMMITTEE MEETINGS, AND THE ACCEPTANCE

OF COMMISSION RECOMMENDATIONS

Rodrigo Amaya, a San Marcos resident, spoke about the non-productive meetings and what he has observed during these meetings. Dan Lyon, a San Marcos resident, spoke about the issues of not having citizens on the criminal justice board. Hays County Chief of Staff, Alex Villalobos gave an update on the meetings and productivity of the meetings. All 4 Commissioners gave praise on how the meetings are progressing. Please see the attached bylaws, membership, agendas, and minutes for the Criminal Justice Coordinating Commission (CJCC) and subcommittees. Minutes are not yet available for the 6-25 CJCC and the 6-6 and 6-25 Cite and Release subcommittee meetings. A summary of these meetings has been provided for review. The minutes of those meetings will be included during the next update to the Court. No action taken.

34054 ACCEPT THE RESIGNATION OF COLT CLEMENTS FROM THE BOARD OF

DIRECTORS OF THE HAYS TRINITY GROUNDWATER CONSERVATION DISTRICT AND, PURSUANT TO SECTION 8843.055 OF THE TEXAS SPECIAL DISTRICT AND

LOCAL LAWS CODE, TO APPOINT JEFF SHAW TO SERVE THE REMAINDER OF

THE TERM, EFFECTIVE IMMEDIATELY

Commissioner Smith gave some background on the newly appointed member of the Board of Directors of the Hays Trinity Groundwater Conservation District. Jeff Shaw's bio is attached. A motion was made by Commissioner Smith, seconded by Commissioner Jones to accept the resignation of Colt Clements from the Board of Directors of the Hays Trinity Groundwater Conservation District and, pursuant to Section 8843.055 of the Texas Special District and Local Laws Code, to appoint Jeff Shaw to serve the remainder of the term, effective immediately. All present voting “Aye”. MOTION PASSED

34055 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INDIGENT CARE

AFFILIATION AGREEMENT BETWEEN HAYS COUNTY AND SETON EDGAR B.

DAVIS HOSPITAL, FOR PARTICIPATION IN THE SECTION 1115 WAIVER

PROGRAM. SHELL Commissioner Shell spoke about the 1115 Waiver program and explained how Luling’s hospital helps Hays County’s hospital. See attached Affiliation Agreement. After discussion with both Providers who participate in Hays County's Section 1115 Waiver Program, it has been determined that the inclusion of Seton Edgar B. Davis Hospital, in Luling, would assist Seton in addressing uncompensated care incurred regionally. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsebe to authorize the County Judge to execute an Indigent Care Affiliation Agreement between Hays County and Seton Edgar B. Davis Hospital, for participation in the Section 1115 Waiver Program. All present voting “Aye”. MOTION PASSED

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE


COUNTY ALONG REBEL DRIVE IN PCT 2 & PCT. 4. POSSIBLE ACTION TO FOLLOW IN OPEN

COURT

Court convened into Executive Session at 11:01 a.m and reconvened into open court at 11:10 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell and Legal Support Services Specialist, Janice Jones. No action taken.



INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session at 10:02 a.m. and reconvened into open court at 11:01 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Director of Transportation, Jerry Borcherding, and Legal Support Services Specialist, Janice Jones. No action taken.

EXECUTIVE SESSION PURSUANT TO 551.071 AND 551.072 OR THE TEXAS GOVERNMENT

CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE


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Page 6 of 7

AND/OR VALUE OF REAL PROPERTY UNDER THE HAYS COUNTY REGIONAL HABITAT CONSERVATION PLAN

Court convened into Executive Session at 11:16 a.m. and reconvened into open court at 12:18 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell and Legal Support Services Specialist, Janice Jones. No action taken.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE


COUNTY LOCATED AT 500 JACK C. HAYS TRAIL, BUDA IN PCT. 5. POSSIBLE ACTION TO


Court convened into Executive Session at 11:10 a.m. and reconvened into open court at 11:13 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell and Legal Support Services Specialist, Janice Jones. No action taken.



DELIBERATION REGARDING THE VALUE OF RIGHT OF WAY ALONG AND

INCLUDING FM 1626 IN PCT. 2. POSSIBLE ACTION TO FOLLOW IN OPEN COURT Court convened into Executive Session at 11:13 a.m. and reconvened into open court at 11:16 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Judge Becerra, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to accept counsel’s proposal of settlement, in the amount of $298,573.00 for Parcel 14 on FM 1626, authorizing the purchase agreement to be routed in accordance with settlement agreements at or about appraised value. All present voting “Aye”. MOTION PASSED

32. DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF

PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY.

POSSIBLE ACTION MAY FOLLOW. INGALSBE/CUTLER

ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Judge Becerra gave an update on the Burn Ban. There will be no burn ban. Urged the residents to stay vigilant during the 4

th of July holiday and to pop fireworks and burn safely.

Clerk’s Note Agenda Item- #34 DISCUSSION OF ISSUES RELATED TO THE ROAD BOND

PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON,

HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. BECERRA– was pulled

Clerk’s Note Agenda Item- #35 DISCUSSION OF ISSUES RELATED TO ELECTRO


FOLLOW. SHELL– was pulled

DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. BECERRA Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 551 and peak was 557 on June 21

st for the week of June 16

th




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Page 7 of 7

ADJOURNMENT A motion was made by Commissioner Jones to adjourn court at 12:20 pm



proceedings had by the Hays County Commissioners’ Court on July 2, 2019.



HAYS COUNTY, TEXAS


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Page 1 of 8

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 16TH DAY OF JULY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:





WITH COUNTY JUDGE, RUBEN BECERRA, BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Brenda Smith of Hunters Glen Fellowship gave the invocation. Commissioner Ingalsbe led the court in the Pledge of Allegiance to the United States and Texas flags. Commissioner Ingalsbe called the meeting to order. PUBLIC COMMENTS

Nick Thompson, resident of San Marcos, spoke of the cite and release program. Dan Lyon, resident of San Marcos, spoke of the Dahlstrom Ranch and also weekly disbursements. Rodrigo Amaya, resident of San Marcos, spoke of Sheriff’s Office Equipment and also disbursements. Sara Lee Underwood Myers, resident of San Marcos, spoke of the jail standards.

34057 ADOPT A PROCLAMATION RECOGNIZING THE HAYS COUNTY MASTER

NATURALISTS 20TH ANNIVERSARY

Hays County Master Naturalists will be celebrating their 20th anniversary on August 10, 2019 at Dripping Springs Park. Chief of Staff, Alex Villalobos spoke and thanked the teachers, guides, photographers, videographers, volunteers, bird experts, biologist, geologist and conservationist, community engagement partners on conservation management and education. Hays County Master Naturalists President, Susan Neil spoke and thanked the commissioners for the proclamation and the support. Commissioner Smith and Shell joined in conversation and thanked the group. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to adopt a proclamation recognizing the Hays County Master Naturalists 20th Anniversary. All present voting “Aye”. MOTION PASSED

INTRODUCTION OF TUCKER FERGUSON, THE NEW AUSTIN DISTRICT ENGINEER WITH THE

TEXAS DEPARTMENT OF TRANSPORTATION

Austin District Engineer of Texas Department of Transportation, Tucker Ferguson, spoke. He’s worked in the

industry for 30 years. Last 8 years Tucker Ferguson was the District Engineer in the Beaumont district. He was

previously working with the South East Texas Region and moved to this region. Commissioner Jones and

Commissioner Smith joined in conversation and thanked Mr. Fergusons team of employees.

34058 PRESENTATION BY SAN MARCOS CINEMA CLUB TO PROMOTE HAYS COUNTY PROPERTIES AS POTENTIAL FILM LOCATIONS AND ADOPT A PROCLAMATION

RECOGNIZING JULY 13 – SEPTEMBER 2, 2019 AS THE 50 LOCATIONS IN 50

DAYS CHALLENGE

Rodrigo Amaya, resident of San Marcos, made public comment that he was not in favor of the San Marcos Cinema Club item. Hays County Judge Executive Assistant, Anita Collins spoke of the value of film and television production in Hays County. San Marcos Cinema Club volunteer, Randy Polk spoke and read a letter from the Kim Leblanc who was not present. Community Liaison of Central Texas Dispute Center, Randolph Goodman, spoke of the Gary Job Corp Center that was actively involved in the film club. Students have built set ups and also acted in local films. San Marcos Cinema Club Founder, Jordan Buckley spoke and welcomed the community if they would like to have a home in a film to contact the San Marcos Cinema Club or Anita Collins. Greater San Marcos Partnership, Christian Durham spoke. San Marcos Cinema Club, in conjunction with the Greater San Marcos Partnership, Main Street, Mermaid Society, San Marcos City Council, the Texas Film Commission and other municipal, county & University groups, aims to register 50 Hays County properties in 50 days on the Texas Film Commission’s website as potential sites for television/film production. By enticing the TV/Film industry to Hays County, we have the opportunity to boost our local economy while spotlighting the natural beauty & unique assets our county has to offer. A motion was made by Commissioner Jones, seconded by Commissioner Shell to adopt a Proclamation recognizing July 13 – September 2, 2019 as the 50 Locations in 50 Days Challenge. All present voting “Aye”. MOTION PASSED



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A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve payments of County invoices in the amount of $2,030,428.57, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED

34060 APPROVE PAYMENTS OF JUROR CHECKS A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve payments of Juror checks in the amount of $4,584.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED

34061 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS

A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve the payment of United Healthcare claims in the amount of $133,583.81, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED

34062 APPROVE COMMISSIONERS COURT MINUTES OF JULY 2, 2019 A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve Commissioners Court Minutes of July 2, 2019, as submitted by the County Clerk. All present voting “Aye”. MOTION PASSED

34063 AUTHORIZE PAYMENT TO VERACITY AVIATION FOR THE FERAL HOG

ABATEMENT GRANT PROGRAM IN WHICH NO PURCHASE ORDER WAS ISSUED

AS REQUIRED PER COUNTY PURCHASING POLICY

Dan Lyon, resident of San Marcos, made public comment. The feral hog program consists of providing funds toward aerial hunting services. Funds are available within thegrant budget to cover this expenditure. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve payment to Veracity Aviation for the Feral Hog Abatement grant program in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

34064 APPROVE THE REAPPOINTMENT OF SCOTT ROBERTS TO THE BOARD OF DIRECTORS OF THE DRIFTWOOD ECONOMIC DEVELOPMENT MUNICIPAL

MANAGEMENT DISTRICT (DEDMMD), TERM ENDING JUNE 1, 2023

Scott Roberts has agreed to serve an additional four year term. Sec. 3858.002. CREATION AND NATURE OF DISTRICT. The district is a special district created under Section 59, Article XVI, Texas Constitution. Added by Acts 2009, 81st Leg., R.S., Ch. 1203 (H.B. 4825), Sec. 1, eff. June 19, 2009. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve reappointment of Scott Roberts to the board of directors of the Driftwood Economic Development Municipal Management District (DEDMMD), term ending June 1, 2023. All present voting “Aye”. MOTION PASSED

34065 AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADDITIONAL SERVICES NO.12

FROM HOK FOR WORK RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND

PROJECT

Director of Countywide Operations, Tammy Crumley spoke. HOK Additional Services Request #12 for design fees related to request by Sheriff's office to accommodate additional work stations on level 2. This revision affects walls, floors, ceilings, doors, and associated finishes, as well as minor mechanical and electrical modifications. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize County Judge to execute Additional Services No.12 from HOK for work related to the Hays County Public Safety Bond project. All present voting “Aye”. MOTION PASSED A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Commissioner Debbie Ingalsbe sign the documentation for this item as previously approved in Commissioners Court. All present voting “Aye”. MOTION PASSED


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34066 AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADDITIONAL SERVICES NO.13 FROM HOK FOR WORK RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND

PROJECT

Director of Countywide Operations, Tammy Crumley spoke. HOK Additional Services Request #13 for the completion of additional GIS information requested by the city for submission of the PICP Permit for the Public Safety Building. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute Additional Services No.13 from HOK for work related to the Hays County Public Safety Bond project. All present voting “Aye”. MOTION PASSED

A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize Commissioner Debbie Ingalsbe sign the documentation for this item as previously approved in Commissioners Court. All present voting “Aye”. MOTION PASSED

34067 AUTHORIZE PAYMENT TO THE LOWER COLORADO RIVER AUTHORITY WHERE

NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER THE COUNTY PURCHASING POLICY

The Sheriff's Office is seeking court approval of payment of $751.51 to LCRA where no purchase order was obtained as per the county policy. The invoice includes service and maintenance to the uninterrupted power source located in the communications center and to the radio located in a patrol unit. Funding is available in the Sheriff's Office Equipment Maintenance & Repair general ledger (g/l). A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize payment to the Lower Colorado River Authority where no purchase order was issued as required per the County Purchasing Policy. All present voting “Aye”. MOTION PASSED

34068 APPROVE UTILITY PERMITS Permit #: 1146, 1147, 1148, 1149, Road Name: Mathias Lane, Windy Hill Road, Spoke Hollow Road, Panorama Drive, Utility Company: J L Grey, J L Grey, PEC, Deer Creek Water Co.A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve Utility Permits # 1146 located on Mathias Lane, issued to JL Grey, Permit # 1147 located on Windy Hill Road, issued to JL Grey, Permit # 1148 located on Spoke Hollow Road issued to PEC, Permit # 1149 located on Panorama Drive issued to Deer Creek Water Co., as submitted by the Transportation Director. All present voting “Aye”. MOTION PASSED

34069 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE OFFICE OF THE ATTORNEY GENERAL TO THE SHERIFF'S OFFICE CRIMINAL

INVESTIGATION DIVISION FOR THE INVESTIGATIONS OF INTERNET CRIMES

AGAINST CHILDREN (ICAC) AND AMEND THE BUDGET ACCORDINGLY

The Sheriff's Office Criminal Investigations Division is highly active members of the Internet Crimes Against Children (ICAC) Task Force Program. The Attorney General has awarded up to $3,000 to the Sheriff's Office for the use of equipment dedicated to the investigation of child exploitation cases. The Criminal Investigations Division is requesting to use the award on the following computer equipment: 8-internal hard drives, charging station, USB charging cables, surge protector & flash drives. Grant Number: 1995166 Grant Period: 06/01/2019 - 08/31/2019 Budget Amendment: Increase .4301 Intergovernmental Revenue $3,000 Increase .5202 Data Processing Supplies $3,000. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the acceptance of a grant award from The Office of the Attorney General to the Sheriff's Office Criminal Investigation Division for the investigations of Internet Crimes Against Children (ICAC) and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


34070 APPROVAL TO HOLD AN ONLINE AUCTION WITH RENE BATES AUCTIONEERS TO DISPOSE OF SURPLUS PROPERTY PURSUANT TO TEXAS LOCAL

GOVERNMENT CODE 263.152(A)(1) AND AUTHORIZE PURCHASING MANAGER

TO ADVERTISE; APPROVE THE DISPOSAL OF PROPERTY AS AUTHORIZED PER

TEXAS LOCAL GOVERNMENT CODE 263.152(A)(3)

The Purchasing Office would like to hold an online auction to dispose of surplus county property. The auction will run for approximately two weeks. Directions for bidding on items can be found on the Rene Bates Auctioneers website at www.renebates.com. Purchasing is also requesting a method and approval to properly dispose of items that do not sell in the online auction. Per Texas Local Government Code 263.152(a)(3) the Commissioner's Court may order any of the property to be destroyed or otherwise disposed of as worthless if

http://www.renebates.com/


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the commissioners court undertakes to sell that property under Subdivision (1) and is unable to do so because no bids are made. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to hold an online auction with Rene Bates Auctioneers to dispose of surplus property pursuant to Texas Local Government Code 263.152(a)(1) and authorize Purchasing Manager to advertise; approve the disposal of property as authorized per Texas Local Government Code 263.152(a)(3). All present voting “Aye”. MOTION PASSED

34071 AUTHORIZE PAYMENT TO AUSTIN EXTREME GRAPHICS FOR VEHICLE

GRAPHICS FOR THE CONSTABLE PCT. 5 OFFICE IN WHICH NO PURCHASE

ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY

The Constable received a transferred vehicle for a Deputy Constable in which vehicle graphics replacement was needed. Funds are available within the operating budget to cover this expenditure. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve payment to Austin Extreme Graphics for vehicle graphics for the Constable Pct. 5 Office in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye”. MOTION PASSED

34072 APPROVE THE TREASURER'S AND INVESTMENT REPORTS FOR THE FIRST 6

MONTHS OF FY 2019

Approve the October 2018, November 2018, December 2018, January 2019, February 2019 and March 2019 Treasurer's Reports and Investment Reports. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the Treasurer's and Investment Reports for the first 6 months of FY 2019. All present voting “Aye”. MOTION PASSED

34073 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO ADD A TELEPHONE

ALLOWANCE EFFECTIVE AUGUST 1, 2019 FOR THE SENIOR JUVENILE

PROBATION OFFICER, SLOT NUMBER 0957-002 AND AMEND THE BUDGET

ACCORDINGLY

A stipend has been requested for the Sr. JPO via the Data Request/Justification Form. This position travels throughout the County on a routine basis. This provides safety and communication for officers while performing core duties in the field. Funds are available within the operating budget for this expense. Budget Amendment: Decrease Telephone Expense - .5489 Increase Telephone Allowance - .5194. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the Juvenile Probation Department to add a telephone allowance effective August 1, 2019 for the Senior Juvenile Probation Officer, slot number 0957-002 and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34074 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AMENDED MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE HAYS COUNTY LOCAL HEALTH

DEPARTMENT (LHD) AND THE DEPARTMENT OF STATE HEALTH SERVICES

(DSHS) FOR MEDICATIONS RECEIVED THROUGH THE INVENTORY TRACKING

ELECTRONIC ASSET MANAGEMENT SYSTEM (ITEAMS) PLATFORM

The original MOU signed on June 18, 2019, provides the LHD with medications, at no cost to Hays County, for the outpatient treatment of sexually transmitted diseases (STD) and for tuberculosis (TB) services. DSHS has made a minor addition to the MOU which requires it to be resigned. The MOU allows the LHD to provide medication to uninsured or underinsured patients at no charge. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute an amended Memorandum of Understanding (MOU) between the Hays County Local Health Department (LHD) and the Department of State Health Services (DSHS) for medications received through the Inventory Tracking Electronic Asset Management System (ITEAMS) platform. All present voting “Aye”. MOTION PASSED


34075 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO ESTABLISH A 4-WAY

STOP ON TRINITY HILLS DRIVE AT THE INTERSECTION WITH LITTLETON

DRIVE AND BELTERRA VILLAGE WAY IN BELTERRA SUBDIVISION TO HELP

WITH PEDESTRIAN AND BIKE TRAFFIC CROSSING THE ROAD Commissioner Smith spoke. This action would allow for the installation of 2 new stop signs on Trinity Hills Drive at the intersection with Littleton Drive and Belterra Village Way to accommodate pedestrian and bike traffic as they cross Trinity Hills Drive from residential areas to visit the shops. A motion was made by Commissioner


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Smith, seconded by Commissioner Shell to hold a public hearing with possible action to establish a 4-way stop on Trinity Hills Drive at the intersection with Littleton Drive and Belterra Village Way in Belterra subdivision to help with pedestrian and bike traffic crossing the road. All present voting “Aye”. MOTION PASSED

34076 CALL FOR A PUBLIC HEARING ON JULY 30, 2019 TO ESTABLISH A "NO

DUMPING" ZONE ON SATTERWHITE ROAD FROM THE INTERSECTION WITH

WILLIAMSON ROAD TO JUST BEYOND THE 90 DEGREE CURVE ON BOTH SIDES

OF THE ROAD

This action would help to enforce no dumping along Satterwhite Road from Williamson Road to just beyond the 90 degree curve on both sides of the road, a frequent location that is used for the dumping of household trash, appliances, etc. A motion was made by Commissioner Jones, seconded by Commissioner Shell to call for a public hearing on July 30, 2019 to establish a "No Dumping" zone on Satterwhite Road from the intersection with Williamson Road to just beyond the 90 degree curve on both sides of the road. All present voting “Aye”. MOTION PASSED

34077 CALL FOR A PUBLIC HEARING ON JULY 30, 2019 TO ESTABLISH A "NO

DUMPING" ZONE ON WILLIAMSON ROAD FROM THE INTERSECTION WITH FM

2001 TO SATTERWHITE ROAD ON BOTH SIDES OF THE ROAD

Commissioner Jones spoke of the camera on the roads. This action would help to enforce no dumping along Williamson Road from FM 2001 to Satterwhite Road, a frequent location that is used for the dumping of household trash, appliances, etc. A motion was made by Commissioner Jones, seconded by Commissioner Shell to call for a public hearing on July 30, 2019 to establish a "No Dumping" zone on Williamson Road from the intersection with FM 2001 to Satterwhite Road on both sides of the road. All present voting “Aye”. MOTION PASSED

34078 AUTHORIZE THE COUNTY JUDGE TO EXECUTE PROFESSIONAL SERVICE

AGREEMENTS WITH COBB-FENDLEY & ASSOCIATES, INC. FOR UTILITY COORDINATION RELATED TO LOW WATER CROSSINGS IN PCT. 1 AND PCT. 2 AS

AUTHORIZED PER THE 2016 ROAD BOND PROGRAM AND AMEND THE BUDGET

ACCORDINGLY

This contract will provide Utility Coordination, Subsurface Utility Engineering and Utility Relocation Observation for low water crossings as follows: $30,550 - Bunton Lane at Bunton Branch Creek $26,130 - Cotton Gin at Porter Creek $34,220 - Francis Harris Lane at York Creek $28,270 - Grist Mill Road at Plum Creek $30,500 - Turnersville Road at an unnamed creek crossing. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve authorize the County Judge to execute Professional Service Agreements with Cobb-Fendley & Associates, Inc. for utility coordination related to Low Water Crossings in Pct. 1 and Pct. 2 as authorized per the 2016 Road Bond Program and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


34079 AUTHORIZE THE EXECUTION OF A LETTER OF AGREEMENT BETWEEN HAYS

COUNTY AND CENTRAL TEXAS MEDICAL CENTER (CTMC) AND AUTHORIZE THE

PAYMENT OF $1,069,887 RELATED TO INDIGENT HEALTH CARE COSTS

Dedicated funds are budgeted each year to be used for payments to CTMC associated with providing indigent health care through the 1115 waiver and the Indigent Program at the Live Oak Community Clinic. The Letter of Agreement only authorizes the payment of funds currently budgeted for FY 2019. If approved, this transfer will deplete the budgeted funds so we will not have a rollover this year. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve authorize the execution of a Letter of Agreement between Hays County and Central Texas Medical Center (CTMC) and authorize the payment of $1,069,887 related to Indigent health care costs. All present voting “Aye”. MOTION PASSED

34080 AUTHORIZE THE DEPUTY CLERK III, SLOT 0453-005 IN THE COUNTY CLERK'S

OFFICE TO ACCRUE ADDITIONAL COMP HOURS NOT TO EXCEED 90 HOURS

Per section 2A112 of the HR Policy, the maximum amount of unused compensatory time an employee will be allowed to have at any one time is 60 hours for regular employees. Due to the recent software conversion, it has become necessary to have additional staffing hours to manage a successful implementation. The additional accrued hours will be utilized when their absence will not place an undue hardship on the operations of the


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department and will not result in an overtime payout. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the Deputy Clerk III, slot 0453-005 in the County Clerk's Office to accrue additional comp hours not to exceed 90 hours. All present voting “Aye”. MOTION PASSED

34081 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A BUSINESS ASSOCIATE

AGREEMENT BETWEEN HAYS COUNTY AND JERRY CASTILLEJA, M.D. TO

COMPLY WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY

ACT OF 1996 (HIPAA)

This Business Associates Agreement is required by DSHS pursuant to the Data Use Agreement attached to the Memorandum of Understand between Hays County and DSHS for the outpatient treatment of tuberculosis. It ensures that Business Associate shall comply with all obligations of a under HIPAA and all other applicable laws and regulations. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to approve authorize the County Judge to execute a Business Associate Agreement between Hays County and Jerry Castilleja, M.D. to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). All present voting “Aye”. MOTION PASSED


34082 AUTHORIZING THE COUNTY JUDGE TO EXECUTE THE DEER OAKS EMPLOYEE

ASSISTANCE PROGRAM (EAP) SERVICES AGREEMENT

HR Director, Shari Miller spoke and mentioned the EAP will be available on August 1, 2019. Employees can utilize services on counseling, work life balance, legal, and financial advice. General Counsel Mark Kennedy spoke of the modification on page 215 of the packet in section (i) - Removal per participant. Onsite seminars will be 20 hours for the County as a whole. Marisol Villarreal –Alonzo spoke. On June 25, 2019, the Commissioners Court awarded RFP 2019-P05 Employee Assistance Program to Deer Oaks EAP Services, LLC and authorized staff and General Counsel to negotiate a contract. The attached contract is theproduct of such negotiation. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize the County Judge to execute the Deer Oaks Employee Assistance Program (EAP) Services Agreement with changes to section M that would be provided by General Counsel. All present voting “Aye”. MOTION PASSED


34083 ACTION AUTHORIZING THE COUNTY JUDGE TO EXECUTE A FUNDING

AGREEMENT BETWEEN HAYS COUNTY AND THE HAYS-CALDWELL WOMEN'S CENTER

The Hays-Caldwell Women's Center (HCWC) is constructing a transitional housing facility aimed to help bridge the gap for victims of violence and abuse between residing in a shelter and obtaining safe, permanent housing. HCWC has requested $600,000 from Hays County, as well as funding from other agencies/groups, in order to construct the facility. A motion was made by Commissioner Shell, seconded by Commissioner Smith to approve authorizing the County Judge to execute a Funding Agreement between Hays County and the Hays-Caldwell Women's Center. All present voting “Aye”. MOTION PASSED



TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE VALUE OF RIGHT OF WAY ALONG AND

INCLUDING FISCHER STORE ROAD IN PCT. 3. POSSIBLE ACTION TO FOLLOW IN

OPEN COURT

Court convened into Executive Session 12:20p.m. and reconvened into open court at 12:28p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Chief of Staff, Alex Villalobos, Transportation Director, Jerry Borcherding and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize General Counsel to


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negotiate and settle acquisition of land on both sides of Fischer Store Road, near the intersection of RM 2325, with concurrence by the Auditor’s Office. All present voting “Aye”. MOTION PASSED


CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION


Court convened into Executive Session 10:31a.m. and reconvened into open court at 12:20p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Chief of Staff, Alex Villalobos, Director of Development Services, Caitlyn Strickland, Laureen Chernow, David Braun, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Shell, seconded by Commissioner Smith to authorize General Counsel to execute an Engagement Letter between Hays County and the Law of Office of David P. Smith, as presented in Executive Session, related to the Permian Highway Pipeline Project. All present voting “Aye”. MOTION PASSED A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize General Counsel to execute an Engagement Letter between Hays County and Phipps, Deacon, Purnell, PLLC, as presented in Executive Session, related to claims against manufacturers, distributors, retailers, and prescribers of prescription opiates, and mattes related thereto. All present voting “Aye”. MOTION PASSED


TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE AND/OR

VALUE OF REAL PROPERTY OWNED BY HAYS COUNTY LOCATED ON PAUL'S

VALLEY ROAD IN PCT. 4. POSSIBLE ACTION TO FOLLOW IN OPEN COURT

Court convened into Executive Session 12:28p.m. and reconvened into open court at 12:33p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Chief of Staff, Alex Villalobos, Transportation Director, Jerry Borcherding, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Smith, seconded by Commissioner Jones to authorize General Counsel to execute documents necessary to accomplish a land exchange and transfer of small parcels of property at the end of Paul’s Valley Road, as presented in Executive Session, to establish a County-Owned-And-Maintained cul de sac. All present voting “Aye”. MOTION PASSED

DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF


POSSIBLE ACTION MAY FOLLOW Rodrigo Amaya, resident of San Marcos, made public comment on an object he brought to court in regards of the Sheriff’s Office. Item #36 was read under agenda item #32. Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 570 and peak was 574 on July 9

th for the week of July 7

th to July 13

th, 2019. Estimated cost for outsourcing

inmates this week as $78,641.00. The average number of outsourced males is 199 and females are 16. This week’s inmates were housed in the following counties: Bastrop, Bell, Blanco, Burnet, Caldwell, Guadalupe, McLennan and Walker.

ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Commissioner Ingalsbe gave the report. No burn ban in effect. No action taken.

Clerk’s Note Agenda Item #34 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED



– WAS PULLED


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Page 8 of 8

Clerk’s Note Agenda Item #36 RE: DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. – WAS PULLED







HAYS COUNTY, TEXAS


***** ***** July 23, 2019

Page 1 of 5

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 23RD DAY OF JULY A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:





AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Deacon Chris Luna gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Harvey Jenkins, resident of San Marcos, expressed his objection to a tax lien he received and to the county’s

failure to “protect tax payers” while there is a growing deficit. He suggested he might call upon US Attorney

General Barr to dispatch federal investigators to come to San Marcos. Dan Lyon, resident of San Marcos,

questioned the disparity in funding for Blanco River clean-up after the floods in comparison to the San Marcos

River, suggesting it was due to the influence of wealthy land owners on the Blanco. He also objected to various

county expenditures. Rodrigo Amaya, resident of San Marcos, urged the Commissioners Court to be vigilant in

examining proposed contracts.

34087 ADOPT A PROCLAMATION DECLARING JULY 21-27, 2019 AS PRETRIAL,

PROBATION AND PAROLE SUPERVISION OFFICERS' WEEK

A proclamation was read by County Clerk, Elaine H. Cárdenas recognizing the Community Supervision and Corrections Department serving Caldwell, Comal, and Hays for its 50 years of dedicated service; and encouraging all citizens to honor these community corrections professionals and to recognize their achievement. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to adopt a Proclamation declaring July 21-27, 2019 as Pretrial, Probation and Parole Supervision Officers' Week. All present voting “Aye”. MOTION PASSED

UPDATE REGARDING THE 2019 SERIES BOND SALE FROM HAYS COUNTY'S FINANCIAL

ADVISOR, DAN WEGMILLER WITH SPECIALIZED PUBLIC FINANCE, INC (SPFI)

Dan Wegmiller with SPFI, Inc. spoke and provided an update regarding the recent sale of the Hays County, Texas Unlimited Tax Road Bonds, Series 201 Criteria of investors buying bonds. The County was granted an AA rating. Dan attributed the high rating to Hays County’s strong economy, strong management, adequate budget performance, strong equity, strong institutional management, revenue and long term formal policies. The county has 3 to 6 months of operating expenditures. The total bond outlay will be $358,925,000.00 at 3.21%. Clerk’s Note: Court took a break at 9:25 a.m. and returned into open session at 9:27 a.m.






A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve the payment of United Healthcare Claims in the amount of $334,699.61, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED


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Page 2 of 5

34091 APPROVE COMMISSIONERS COURT MINUTES OF JULY 16, 2019

A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to approve Commissioners Court minutes of July 16, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

34092 APPROVE THE PAYMENT OF THE JULY 31, 2019 PAYROLL DISBURSEMENTS IN

AN AMOUNT NOT TO EXCEED $3,575,000.00 EFFECTIVE JULY 29, 2019 AND



A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve the payment of the July 31, 2019 payroll disbursements in an amount not to exceed $3,575,000.00 effective July 29, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

34093 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE TEXAS

VETERANS COMMISSION FOR FUNDING OF THE HAYS COUNTY VETERANS

TREATMENT COURT IN THE AMOUNT OF $250,000

The Commissioners Court authorized the submittal of this grant application on November 13, 2018. The Veterans Treatment Court provides the opportunity of voluntary participation for defendants whose criminal cases are attributed to physical and/or mental injuries sustained during their tenure in military service. Acceptance of this grant will be done electronically & must be accepted by July 23, 2019. Grant Period: July 1, 2019 - June 30, 2020. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the acceptance of a grant award from the Texas Veterans Commission for funding of the Hays County Veterans Treatment Court in the amount of $250,000. All present voting “Aye”. MOTION PASSED

34094 APPROVE SPECIFICATIONS FOR RFQ 2019-P06 SH 21 CORRIDOR

PRESERVATION STUDY AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE

This RFQ is to solicit interest from qualified consultants interested in providing professional engineering and other design support services related to a Corridor Preservation Study for State Highway (SH) 21 from State Highway (SH) 80 to United States (US) 183 in Precinct 1 and Precinct 2. The SH 21 Corridor Preservation Study is an ongoing effort by Hays County, in partnership with local governments and the Texas Department of Transportation, to preserve right-of-way for the future widening and upgrade of SH 21. The SH 21 corridor is a 17-mile State Highway from US 183 on the north to US 80 on the south. Attached: RFQ 2019-P06 SH 21 Corridor Preservation Study. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve specifications for RFQ 2019-P06 SH 21 Corridor Preservation Study and authorize Purchasing to solicit for proposals and advertise. All present voting “Aye”. MOTION PASSED

34095 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FIRST AMENDED HAYS

COUNTY SWAT TEAM INTERLOCAL AGREEMENT

Harvey Jenkins, resident of San Marcos, made public comment, not in favor of the Swat Team Interlocal Agreement. Rodrigo Amaya, resident of San Marcos, made public comment, not in favor of the Interlocal Agreement, requested for further item information. Sheriff’s Office Captain, Mark Cumberland spoke and explained the needed agencies to form the Swat Team. This amendment provides small updates on the everyday operations of the Hays County SWAT Team. Historically, the Hays County SWAT Team has been comprised of the Hays County Sheriff's Office and the San Marcos Police Department. This amendment adds additional law enforcement agencies as parties to the Agreement (Kyle Police Department, Buda Police Department, and Texas State University Police Department. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute a First Amended Hays County SWAT Team Interlocal Agreement. All present voting “Aye”. MOTION PASSED

34096 APPROVE SPECIFICATIONS FOR IFB 2019-B06 SAWYER RANCH ROAD PEDESTRIAN IMPROVEMENTS AND AUTHORIZE PURCHASING TO SOLICIT FOR

BIDS AND ADVERTISE

This bid is for the construction of pedestrian and safety improvements along 1.125 miles of Sawyer Ranch Road between Meadow Creek Drive and Belterra Drive. Improvements include the constructions of sidewalks, driveways, and retaining walls, as well as signage, grading, and striping. Attached: IFB 2019-B06 Sawyer Ranch


***** ***** July 23, 2019

Page 3 of 5

Road Pedestrian Improvements. A motion was made by Commissioner Smith, seconded by Commissioner Jones to approve specifications for IFB 2019-B06 Sawyer Ranch Road Pedestrian Improvements and authorize Purchasing to solicit for bids and advertise. All present voting “Aye”. MOTION PASSED

34097 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET AND DRAINAGE

IMPROVEMENTS IN THE AMOUNT OF $765,806.09 FOR DRIFTWOOD PHASE 1, SECTION 2 (BOND # 7000000155)

Commissioner Smith spoke of the new developments in the area. The final plat for the Driftwood Phase 1, Section 2 subdivision has been reviewed under the interlocal cooperation agreement with the City of Dripping Springs and has been approved by County staff. While the plat has been approved administratively, formal acceptance of fiscal surety is required by Commissioners Court action. A motion was made by Commissioner Smith, seconded by Commissioner Shell to acept fiscal surety for the construction of street and drainage improvements in the amount of $765,806.09 for Driftwood Phase 1, Section 2 (Bond # 7000000155). All present voting “Aye”. MOTION PASSED

34098 SUB-1068 DOBIE LANE ACRES, LOTS 17-3, 17-4, AND 17-5, AMENDED PLAT (1

LOT). DISCUSSION OF POSSIBLE ACTION TO CONSIDER GRANTING A VARIANCE

TO TABLE 10-1 OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE

FACILITIES

County Planner, Marcus Pacheco spoke of the amended plat. The proposed amended plat will correct the metes and bounds division of a portion of lot 17 and bring it into compliance with our Hays County Development Regulations. Water service will be provided by Individual Private Well. Wastewater service will be accomplished by Individual On-Site Sewage Facilities. The Hays County minimum lot size for a lot served by a private well and conventional OSSF in the Edwards Aquifer Contributing Zone is 3 acres. Newly created lot 17A does not meet the current minimum lot size as a 2.34 acre tract. The applicant is seeking a Variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities. Justification is included in the backup. A motion was made by Commissioner Shell, seconded by Commissioner Jones to grant a variance to Table 10-1 of the Hays County Rules for On-Site Sewage Facilities for SUB -1068 Dobie Lane Acres, Lots 17-3, 17-4, and 17-5, Amended Plat (1 Lot). All present voting “Aye”. MOTION PASSED

34099 SUB-1286 DRIFTWOOD GOLF AND RANCH CLUB PRELIMINARY PLAN (149

LOTS); DISCUSSION AND POSSIBLE ACTION TO CONSIDER MULTIPLE VARIANCE

REQUESTS FROM CHAPTER 721.02 OF THE HAYS COUNTY DEVELOPMENT REGULATIONS

County Planner, Marcus Pacheco spoke of the agenda request. Driftwood Golf and Ranch Club is a proposed subdivision located off of FM 967 in Precinct 2. The property owner has requested for variances from Chapter 721 for roadway design requirements pertaining to driveway spacing, roadway widths, and lot frontage. The full variance request is supplied in backup. This subdivision is reviewed under the 1445 Interlocal agreement with the City of Dripping Springs. A motion was made by Commissioner Jones, seconded by Commissioner Smith to grant multiple variance requests from Chapter 721.02 of the Hays County Development Regulations for SUB-1286 Driftwood Golf and Ranch Club preliminary plan (149 Lots). All present voting “Aye”. MOTION PASSED

34100 AUTHORIZE THE PURCHASE OF NINE (9) REPLACEMENT OPTIPLEX 7460

JUDGE'S EDITION COMPUTERS FOR THE DISTRICT AND COUNTY COURT AT

LAW JUDGES AND AMEND THE BUDGET ACCORDINGLY

County Auditor, Marisol Villarreal- Alonzo spoke of the funds being out of Salary Savings. The Bench Computers that are utilized in the District and County Courtrooms are over 7 years old and are experiencing production issues. The Judge's requested replacement computers within the FY20 budget requests, however, several of the systems are no longer functional and cannot be repaired. They are requesting the courts approval to purchase these replacements now, removing the requests from next year's budget. The County Auditor has salary savings due to attrition and has agreed to fund this request. Budget Amendment: Increase District Court Computer Equipment 001-608-00.5712_400 - $5,100 Increase County Court Computer Equipment 001-612-00.5712_400 - $2,550 Decrease Auditor's Office Staff Salaries - 001-606-00.5021 - ($7,650). A motion was made by Commissioner Jones, seconded by Commissioner Shell to authorize the purchase of nine (9) replacement OptiPlex 7460 Judge's Edition Computers for the District and County Court at Law Judges and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


***** ***** July 23, 2019

Page 4 of 5

34101 AUTHORIZE ON-SITE SEWAGE SYSTEM PERMIT FOR THE SAN LUIS SPIRITS DISTILLERY AND GRANT A VARIANCE TO SECTION 10. W. 1. OF THE HAYS

COUNTY RULES FOR ON-SITE SEWAGE FACILITIES AT 5330 BELL SPRINGS

ROAD, DRIPPING SPRINGS, TEXAS 78620

Director of Development Services, Caitlyn Strickland spoke of the request is to start the septic system. San Luis Spirits is proposing an On-Site Sewage System to serve their existing distillery, a new proposed distillery building, and a visitor center. This 6.67 acre tract of land is Lot 1 in the future San Luis Spirits subdivision. The property will be served by a public water system. The system designer, Dan Balboa, R.S., has designed a non-standard treatment system. After treatment, the effluent will be disposed via drip irrigation tubing for a maximum daily rate of 2000 gallons. The property owners are requesting a variance to Section 10. W. 1. of the Hays County Rules for On-Site Sewage Facilities which specify that "A permit will not be issued for an On-Site Sewage Facility that is on a tract of land that is found to be in violation of the Hays County Development (Subdivision) Regulations." Their justification for the variance is request is to allow for the construction to commence while the review process of the subdivision plat is concluded. Due to the length of time estimated remaining for the subdivision plat process to be fully executed; this is causing delays on the construction of the OSSF system. A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize On-Site Sewage System Permit for the San Luis Spirits Distillery and grant a variance to Section 10. W. 1. of the Hays County Rules for On-Site Sewage Facilities at 5330 Bell Springs Road, Dripping Springs, Texas 78620. All present voting “Aye”. MOTION PASSED

34102 AUTHORIZE THE TAX OFFICE TO EXTEND THE TEMPORARY ACCOUNTANT I HOURS FOR CROSS TRAINING PURPOSES, NOT TO EXCEED 76 HOURS

EFFECTIVE JULY 24, 2019

On April 30th the Court authorized the Tax Assessor to hire a former accountant to cross train the new staff related to the financial duties within the office. Due to the complexities of the workload and additional reconciliation projects that have surfaced, additional hours are needed to continue cross training. The temporary employee will work part-time for approximately eight weeks (not to exceed 76 hours) at the minimum hourly rate of $21.81 per hour. Salary savings are available due to attrition to fund this request. Financial Impact: Temp Salary - $1,658 FICA/Medicare - $ 127 Total Required - $1,785. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the Tax Office to extend the temporary Accountant I hours for cross training purposes, not to exceed 76 hours effective July 24, 2019. All present voting “Aye”. MOTION PASSED

34103 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND

DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS INVOLVED IN

COUNTYWIDE EMERGENCY MANAGEMENT, INCLUDING BUT NOT LIMITED TO

THE DIRECTOR AND ASSISTANT DIRECTOR OF THE EMERGENCY SERVICES

DEPARTMENT, THE EMERGENCY MANAGEMENT COORDINATOR, AND THE ASSISTANT EMERGENCY MANAGEMENT COORDINATOR. POSSIBLE DISCUSSION

AND/OR ACTION MAY FOLLOW IN OPEN COURT.

Court convened into Executive Session 9:49a.m. and reconvened into open court at 10:29a.m. In Executive Session were Judge Becerra, Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, H.R. Director, Shari Miller, County Auditor, Marisol Villarreal-Alonzo, First Assistant Auditor, Vickie Dorsett, Director of Emergency Services, Kharley Smith, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Shell, seconded by Commissioner Smith to appoint Justin McInnis as the Interim Director of Emergency Services, with an annualized salary stipend of $12,000.00 in addition to his current salary effective August 1, 2019. All present voting “Aye”. MOTION PASSED

DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF


POSSIBLE ACTION MAY FOLLOW

Rodrigo Amaya, resident of San Marcos, made public comment on the item he brought with him to court last week and concerned for the county wide cleaning costs.


Judge Becerra gave the report – a couple of planned fires on the Hays County/Travis Co line. No burn ban in effect. Commissioner Jones joined in conversation and have met city of Austin Water Quality, and both fire Chiefs of Buda, citizens are notified well before and no night burning. No action taken.


***** ***** July 23, 2019

Page 5 of 5


PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED



– WAS PULLED



Judge Becerra gave the update. Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 574 and peak was 581 on July 19th for the week of July 14th to July 20th, 2019. Estimated cost for outsourcing inmates this week as $79,974.00. The average number of outsourced males is 192 and females are 23. This week’s inmates were housed in the following counties: Bastrop, Bell, Blanco, Burnet, Caldwell, Fort Bend, Guadalupe, McLennan and Walker.

ADJOURNMENT A motion was made by Commissioner Jones to adjourn court at 10:38a.m.






HAYS COUNTY, TEXAS


***** *****

STATE OF TEXAS *

COUNTY OF HAYS *



TO-WIT:






THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Commissioner Jones gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Russell Hayter, resident of Woodcreek, spoke in favor of selecting the new election equipment. Harvey Jenkins, resident of San Marcos, objected to the County Tax. Dan Lyon, resident of San Marcos, spoke against the County debt and disbursements. Michael M. Lee Esq., resident of San Marcos, highlighted challenges that Court Appointed Attorneys face, e.g., unannounced relocations of inmates, inadequate fees for Court Appointed Attorneys. Rodrigo Amaya, resident of San Marcos, made public comment on defendants not having proper legal representation, and also not having an access to interpreters. Tricia Schneider, Development Director of Court Appointed Special Advocates (CASA), spoke of the new training and support center to be built on Hunter Road. CASA will be holding the following fundraisers: CASA Superhero Run held on September 15th in Austin and the CASA Classic Golf Tournament hosted by Corridor Title held on October 28th at the Kissing Tree Golf Club in San Marcos. Jordan Buckley, resident of San Marcos, spoke in favor of improving the Court Appointed Attorney representation process to help defendants, and encouraged the Court to pursue the Public Defender’s Office, the Cite and Release policies, and the Law Enforcement Assistant Diversion (LEAD) program.


Human Resources Specialist, Kim Jeter gave presentation of Hays County Service Awards: 5 Year Service

Awards – Tax Office, Michael Rey Guzman, Auditor Office, Stephanie Ann Hunt, Transportation Department,

Mel Folger, – 10 Year of Service Awards – JP Pct. 5, Christine Garza Harrington, – 15 Year of Service Awards –

Constable Pct. 3, Raymond Helm, – 20 Year of Service Awards – Sheriff’s Office, Ronald Varette, – Retirement

– Sheriff’s Office, Jerilyn Strocki and Transportation Department, David Martinez.

34104 ADOPT A PROCLAMATION DECLARING AUGUST 2019 AS NATIONAL

IMMUNIZATION AWARENESS MONTH

County Clerk, Elaine H. Cárdenas read the proclamation. Adopt a proclamation acknowledging August as

National Immunization Awareness Month. Eric Schnider, A motion was made by Commissioner Ingalsbe,

seconded by Commissioner Jones to adopt proclamation declaring August 2019 as National

Immunization Awareness Month. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County invoices in the amount of $1,199,786.90, as presented by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of Juror checks in the amount of $1,685.00, as presented by the County Auditor. All present voting “Aye”. MOTION PASSED



***** *****

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of United Healthcare claims in the amount of $584,842.37, as presented by the County Auditor. All present voting “Aye”. MOTION PASSED


A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of July 23, 2019, as submitted by the County Clerk. All present voting “Aye”. MOTION PASSED

34109 APPROVE RENEWAL OF IFB 2018-B07 REGULATORY ROAD SIGNS WITH

VULCAN INC., PATHMARK TRAFFIC EQUIPMENT, LLC, AND CENTERLINE SUPPLY

IFB 2018-B07 is scheduled to expire on July 31, 2019. Three of the four contracted vendors would like to renew their contracts for one additional year. Vulcan, Inc. has a proposed a 5 percent increase in their pricing as reflected on the attached pricing sheet: IFB 2018-B07 Renewal 1 Pricing. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve renewal of IFB 2018-B07 Regulatory Road Signs with Vulcan Inc., PathMark Traffic Equipment, LLC, and Centerline Supply. All present voting “Aye”. MOTION PASSED

34110 APPROVE SPECIFICATIONS FOR IFB 2019-B05 EMULSION OILS AND

AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE

Hays County's annual contract for emulsion oils is nearing expiration and must be rebid. The anticipated schedule of events related to this solicitation is as follows: July 31, 2019 Issuance of IFB August 15, 2019 Deadline for Submission of Questions (5:00 p.m. CT) August 22, 2019 Deadline for Submission of Bids (2:00 p.m. CT) September 3, 2019. Anticipated contract award date Attached: IFB 2019-B05 Emulsion Oils. A motion was made by Commissioner Jones, seconded by Commissioner Shell to approve specifications for IFB 2019-B05 Emulsion Oils and authorize Purchasing to solicit for bids and advertise. All present voting “Aye”. MOTION PASSED

34111 APPROVE THE APPOINTMENT OF JUSTIN MCINNIS TO THE CAPITAL

AREA COUNCIL OF GOVERNMENTS CRIMINAL JUSTICE ADVISORY

COMMITTEE TO FILL THE POSITION VACATED BY KHARLEY SMITH

Hays County is allotted two seats on the CAPCOG Criminal Justice Advisory Committee. Kharley Smith has served on the committee since 2012 and is currently the Chair. She has recommended Justin McInnis fill the seat she is vacating in order to maintain consistency and continued representation for the emergency services within Hays County. A motion was made by Commissioner Jones, seconded by Commissioner Smith to approve the appointment of Justin McInnis to the Capital Area Council of Governments Criminal Justice Advisory Committee to fill the position vacated by Kharley Smith. All present voting “Aye”. MOTION PASSED

34112 AUTHORIZE PAYMENT TO CARD SERVICE CENTER RELATED TO HOTEL

CANCELLATION FEES FOR THE OFFICE OF EMERGENCY SERVICES

Rodrigo Amaya, resident of San Marcos, objected to paying cancellation fees for accommodations that were not used. Kharley Smith explained that the original hotel reservations were made through Airbnb for the Assistant Emergency Services Director to attend the ESRI conference in San Diego, CA. Upon arrival, the Airbnb accommodations were unavailable. Alternate hotel accommodations were booked through a third party (CCI Hotel Reservations) which were cancelled upon the belief that Airbnb would find alternate accommodations. The third party applied a cancellation fee to the department credit card and the department is requesting payment of these fees. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to approve payment to Card Service Center related to hotel cancellation fees for the Office of Emergency Services All present voting “Aye”. MOTION PASSED


Permit #:1150, 1151, 1152, Road Name: Pump Station, Ledgerock, Mt. Sharp, E. Post Rd., C.R.158, W. Fitzhugh Rd. Utility Company: Permian Highway Pipeline LLC, Permian Highway Pipeline LLC, PEC. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve Utility Permits # 1150, located on Pump Station Ledgerock Mt. Sharp, located issued to Permian Highway Pipeline LLC, Permit # 1151, located to E. Post Road, issued to Permian Highway Pipeline LLC, and Permit # 1152 located on C.R. 158 W. Fitzhugh Rd., issued to PEC. All present voting “Aye”. MOTION PASSED


***** *****

34114 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER NO. 2

FOR M&S ENGINEERING, LLC ON THE LOW WATER CROSSINGS AT BEAR

CREEK PASS AND SYCAMORE CREEK ROAD A HAYS COUNTY 2016

ROAD BOND DRAINAGE AND LOW WATER CROSSING IMPROVEMENTS

PROJECT AND AMEND THE BUDGET ACCORDINGLY

A change order requesting additional performance days and funding under the contract for the Precinct 4 Low Water Crossings at Bear Creek Pass and Sycamore Creek Road a Drainage and Low Water Crossing Improvements Project: to extend the contract termination date to accommodate additional ROE work requested. A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve County Judge to execute Change Order No. 2 for M&S Engineering, LLC on the Low Water Crossings at Bear Creek Pass and Sycamore Creek Road a Hays County 2016 Road Bond Drainage and Low Water Crossing Improvements Project and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34115 ACTION TO CONSIDER THE RELEASE OF THE MAINTENANCE BOND

#1045321 IN THE AMOUNT OF $716,010.00, AND THE ACCEPTANCE OF

ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR

SUNFIELD SUBDIVISION, PHASE 2, SECTION 7

Staff recommends acceptance of these roads into the county road maintenance system. It includes: Everglade Drive (646 ft.), Esperanza Drive (1,554 ft.), Brazil Drive (618 ft.), and Coral Berry Drive (829 ft.). A motion was

made by Commissioner Jones, seconded by Commissioner Ingalsbe to release the maintenance bond

#1045321 in the amount of $716,010.00, and the acceptance of roads into the county road maintenance

system for Sunfield subdivision, Phase 2, Section 7. All present voting “Aye”. MOTION PASSED

34116 ACTION TO CONSIDER THE ACCEPTANCE OF REVEGETATION EFFORTS

WITHIN COUNTY ROW AND RELEASE OF THE REVEGETATION BOND

#105747 IN THE AMOUNT OF $54,139.75 FOR RUTHERFORD WEST

SUBDIVISION, SECTION 4

Staff recommends acceptance of revegetation efforts within the County ROW. A separate revegetation bond was issued for this section. Revegetation has reached or exceeded the minimum of 70%. The Transportation Department has inspected and approved the improvements. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to acceptance of revegetation efforts within County ROW and release of the revegetation bond #105747 in the amount of $54,139.75 for Rutherford West subdivision, Section 4. All present voting “Aye”. MOTION PASSED

34117 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO ESTABLISH A "NO

DUMPING" ZONE ON SATTERWHITE ROAD FROM THE INTERSECTION

WITH WILLIAMSON ROAD TO JUST BEYOND THE 90 DEGREE CURVE ON

BOTH SIDES OF THE ROAD

Judge Becerra opened the public hearing. There was no public input. Judge Becerra closed the public hearing. This action would help to enforce no dumping along Satterwhite Road from Williamson Road to just beyond the 90 degree curve on both sides of the road, a frequent location that is used for the dumping of household trash, appliances, etc. A motion was made by Commissioner Jones, seconded by Commissioner Smith to establish a "No Dumping" zone on Satterwhite Road from the intersection with Williamson Road to just beyond the 90 degree curve on both sides of the road. All present voting “Aye”. MOTION PASSED

34118 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO ESTABLISH A "NO

DUMPING" ZONE ON WILLIAMSON ROAD FROM THE INTERSECTION

WITH FM 2001 TO SATTERWHITE ROAD ON BOTH SIDES OF THE ROAD

Judge Becerra opened the public hearing. There was no public input. Judge Becerra closed the public hearing. This action would help to enforce no dumping along Williamson Road from FM 2001 to Satterwhite Road, a frequent location that is used for the dumping of household trash, appliances, etc. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to establish a "No Dumping" zone on Williamson Road from the intersection with FM 2001 to Satterwhite Road on both sides of the road. All present voting “Aye”. MOTION PASSED

34119 SUB-1309; CALL FOR A PUBLIC HEARING ON AUGUST 13TH, 2019 TO

DISCUSS APPROVAL OF THE REPLAT OF LOT 115, ROLLING OAKS

SUBDIVISION

Rolling Oaks Section Four Subdivision is a recorded subdivision located off of FM 3237 in Precinct 3. The proposed re-plat will divide the 7.01 acres lot 115 into 2 lots. Water service will be provided by rainwater


***** *****

collection. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Shell, seconded by Commissioner Jones to Call for a Public Hearing on August 13th, 2019 to discuss approval of the SUB -1309; Replat of Lot 115, Rolling Oaks Subdivision. All present voting “Aye”. MOTION PASSED

34120 DISCUSSION AND POSSIBLE ACTION TO SELECT A NEW VOTING SYSTEM

Dan Lyon, resident of San Marcos, spoke in favor of the ES&S System, emphasizing the importance of a paper ballot. Susan Raybuck, resident of Wimberley, made public comment on the safety, security and durability of the system that is selected, noting that ES&S has advantages for people with disabilities. With the Hart system you would have to move to another machine to accommodate people with disabilities, she said. Both systems provide paper backup. Elections Administrator, Jennifer Anderson asked the Court to make a decision today on the selection of a vendor for the voting system and requested that General Counsel negotiate a contract to put forward to the Secretary of State to approve. Commissioner Ingalsbe and Jennifer Anderson discussed the costs. General Counsel, Mark Kennedy spoke of pricing and the contract. The Auditors Office confirmed both vendors were on the Buy Board. The budgeted amount was two million dollars. Commissioner Shell thanked both vendors for coming out last month and going over the systems’ features. Commissioner Smith expressed concerns about the cost and future expenses for the new voting system, and urged selection of a system that produces bilingual ballots. Felice Liston, of Hart InterCivic spoke and answered questions about the Hart System. Hart will work with the ADA community and provide training to employees and poll workers. The license and support fee is locked in for five years. Brian Hoffman of ES&S spoke and answered questions from the Court about the ES&S system. The system will print out both Spanish and English ballots. Matt Kunz of ES&S clarified that the prices are locked in for five years and after that time period the county can negotiate again to lock in future pricing. The total cost difference between the two vendors is $228,028.78. Peter Lichtenheld, Vice President of Customer Success at Hart explained the scanner reads the words on the page and not the barcode (i.e., uses OCR technology). Matt Kunz of ES&S clarified a barcode (in contrast to OCR) is the fastest, most accurate way to track. The Court had a workshop from both certified vendors on June 4, 2019. Today, the Election Administrator is asking the Court to make a decision on which system to purchase. IT Director, Jeff McGill spoke on the system security for both systems. In accordance with Texas Election Code Subchapter B, Chapter 123 of the Texas Election Code, a contract for the acquisition of a voting system must be in writing and approved by the Secretary of State with respect to compliance of the voting system and voting system equipment with applicable state requirements. The authority acquiring the equipment is required to submit to the Secretary of State a letter requesting approval of the acquisition of the voting system along with a copy of the relevant portions of the acquisition contract. The Secretary of State only needs the relevant portion of the contract that contains the information identifying the versions of the voting system and voting system equipment. If a contract is approved, the Secretary of State will provide to the parties of the contract: A letter stating that the voting system and voting system equipment being acquired satisfy the applicable approval requirements, and A certified copy of the written order issued by the Secretary of State approving the voting system and voting system equipment Any contract not approved by the Secretary of State is void. If a contract is not approved, the Secretary of State shall provide notice to the parties of the contract of the reasons that the contract was not approved. Executing a voting system equipment contract without the approval of the Secretary of State constitutes a Class B Misdemeanor. A motion was made by Commissioner Jones, seconded by Commissioner Smith to authorize the County Attorney and the Elections Administrator to work on a contract to purchase the Hart voting system. All four Commissioners voting “Aye”. Judge Becerra voting “No”. MOTION PASSED

34121 AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN BUILDING

MAINTENANCE AND GREEN GUY RECYCLING FOR THE PICK-UP AND

DISPOSAL OF PAPER RECYCLING

Director of Countywide Operations, Tammy Crumley explained that the county has been getting free recycling pick-up with Compass Recycling and recently received notice that they were not picking up. The next option is to go with Green Guy Recycling for the pick-up. Authorize Building Maintenance to contract with Green Guy Recycling for the pick-up and dispose of the paper recycling at the Hays County Government Center. This service had previously been provided to the County at no charge by another vendor, but is no longer a service being offered. Funding for this has been identified in the current Building Maintenance budget. * Green Guy Recycling Quote Attached. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the execution of an agreement between Building Maintenance and Green Guy Recycling for the pick-up and disposal of paper recycling. All present voting “Aye”. MOTION PASSED


34122 ACTION TO SUBMIT A TECHNICAL ASSISTANCE APPLICATION TO THE

TEXAS INDIGENT DEFENSE COMMISSION (TIDC) FOR FUNDING A PILOT

PROGRAM TO ESTABLISH THE REMOTE PADILLA CONSULTATION

PROJECT IN THE AMOUNT OF $342,720


***** *****

Hays County has chosen to pilot a new program that will soon be implemented statewide with the Texas Indigent Defense Commission (TIDC). This pilot program will help ensure compliance with Padilla v. Kentucky. With its administrative home in Hays County, the pilot would be in the 3rd Administrative Judicial Region and, if successful, may eventually connect criminal defense attorneys with Padilla attorneys statewide. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe submit a technical assistance application to the Texas Indigent Defense Commission (TIDC) for funding a pilot program to establish the Remote Padilla Consultation Project in the amount of $342,720. All present voting “Aye”. MOTION PASSED

DISCUSSION AND POSSIBLE ACTION REGARDING THE FY 2020 BUDGET INCLUDING

A PRESENTATION OF THE JUDGE’S RECOMMENDED BUDGET AND THE SELECTION

OF DATES FOR BUDGET WORKSHOPS

FY 2020 Judge's Recommended Budget documents will be provided in Court. Assistant Auditor, Vickie Dorset,

will send out the recommended budget to the department heads and will make them available online for the

public. Budget Workshops dates are set for August 6, 2019 at 10:00a.m., August 13, 2019 at 10:00a.m., and

August 20, 2019 at 10:00a.m.


GOVERNMENT CODE CONSULTATION WITH COUNSEL AND DELIBERATION

REGARDING POSITIONS WITHIN THE HAYS COUNTY TRANSPORTATION

DEPARTMENT. POSSIBLE ACTION MAY FOLLOW

Court convened into Executive Session 11:19 a.m. and reconvened into open court at 12:04 p.m. In Executive

Session were Judge Becerra, Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell,

Commissioner Smith, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General

Counsel, Jordan Powell, County Auditor, Marisol Villarreal-Alonzo, First Assistant Auditor, Vickie Dorsett,

Transportation Director, Jerry Borcherding, H.R. Specialist Kim Jeter, Assistant County Treasurer, Laura Nava,

and Legal Support Services Specialists, Janice Jones. No Action Taken.


GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING

PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS

COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session 12:20 p.m. and reconvened into open court at 12:29 p.m. In Executive Session were Judge Becerra, Chief of Staff, Alex Villalobos, Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Smith, seconded by Commissioner Shell to adopt the resolution recognizing the need for the legal services of Phipps Deacon Purnell PLLC in order to pursue Opioid Litigation. All present voting “Aye”. MOTION PASSED


THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND

DELIBERATION REGARDING THE PURCHASE, LEASE, EXCHANGE, OR

VALUE OF REAL PROPERTY LOCATED ON OR NEAR THE SAN MARCOS

RIVER IN PRECINCT 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session 12:04 p.m. and reconvened into open court at 12:20 p.m. In Executive Session were Judge Becerra, Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, Chief of Staff, Alex Villalobos, General Counsel, Mark Kennedy, Assistant General Counsel, Jordan Powell, Kate Johnson, and Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize General Counsel to negotiate and execute Option Agreements with landowner(s) in proximity to Cape’s Dam, with a stipulation that 1) the Option Agreement should be reviewed by the Auditor prior to execution, 2) option funds should applicable to an eventual Purchase/Sale Agreement, and 3) funding should be taken from Fund 150 the 2007 Parks Bond interest savings. All present voting “Aye”. MOTION PASSED



WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW– WAS PULLED


***** *****


Judge Becerra gave the report. No burn ban at this time.



AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. BECERRA – WAS PULLED



FOLLOW. SHELL – WAS PULLED



Judge Becerra gave the update. Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 580 and peak was 587 on July 25th for the week of July 21th to July 27th, 2019. Estimated cost for outsourcing inmates this week as $86,149.00. The average number of outsourced males is 201 and females are 29. This week’s inmates were housed in the following counties: Bastrop, Bell, Blanco, Burnet, Caldwell, Fort Bend, Guadalupe, McLennan and Walker.







HAYS COUNTY, TEXAS


***** ***** August 6, 2019

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 6TH DAY OF AUGUST A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:


MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CARDENAS COUNTY CLERK

WITH COMMISSIONER PCT. 4, WALT SMITH ABSENT, THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Nahum Melendez gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon, resident of San Marcos not in favor of vehicles for the Sheriff’s Department, disbursements of Dahlstrom Park, and inmate housing. Mike Lee, Criminal Defense Attorney, is concerned of his clients being moved without him being notified due to the lack of communication. Ben Moore, District Attorney’s Office, gave a brief summary of filed cases within the past 12 years. In 2007, 1250 felony cases were filed with the District Attorney’s Office. In 2015, 1300 cases filed. In 2019, an expected 2500 felony cases. Currently the Office has 11 prosecutors and is asking for additional help in the District Attorney’s Office. Angie Roberts of the District Attorney’s Office – Civil Division spoke. Currently the Office has 5 prosecutors in the Civil Division. A total of 344 children cases, and also handling a case loads of mental health hearings, bond forfeitures, expungements, non-disclosures, writs of habeas corpus, appeals, and open records. Case load is heavy for the 5 Attorneys and 5 Paralegals. The District Attorney’s Office is needing an additional attorney and paralegal for the Civil Department. Matt Ocker, resident of Buda, not in favor of the additional staff members for the District Attorney’s Office and concerns of the Sheriff’s Office. Rodrigo Amaya, resident of San Marcos, thank Commissioner Smith for his concern on Spanish voting for the new election equipment, not in favor with the Sheriff’s and District Attorney’ Office. David Crowley, resident of Wimberley, not in favor for the selection of Hart Machines, inmate housing and budget.

PRESENTATION OF THE 2018 TEXAS HISTORICAL COMMISSION'S DISTINGUISHED SERVICE AWARD TO THE HAYS COUNTY HISTORICAL COMMISSION Kate Johnson, Chair of the Hays County Historical Commission gave a brief summary of the Distinguished Service Award. Less than a third of the Counties in Texas qualify for this award. The Historical Commission has several committees that help the preservation and restoration of Hays County. One of the biggest projects is the restoration of the old Hays County Jail. Hays County Historical Commission has earned this award for 12 years in a row. In Recognition of its active and well-balanced preservation program. Rodrigo Amaya, resident of San Marcos, made concerned about the restoration of the fountain. Director of Countywide Operations, Tammy Crumley, mentioned that the work is being done to restore the brass fountain.

34125 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of County invoices in the amount of $4,491,082.01 as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED

34126 APPROVE PAYMENTS OF JUROR CHECKS A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve payments of Juror checks in the amount of $1,074.00, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED

34127 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve the payment of United Healthcare claims in the amount of $119,388.50, as submitted by the County Auditor. All present voting “Aye”. MOTION PASSED



***** ***** August 6, 2019

A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of July 30, 2019, as presented by the County Clerk. All present voting “Aye”. MOTION PASSED

34129 APPROVE OUT OF STATE TRAVEL FOR CRIME SCENE SPECIALIST

SUPERVISOR RENEE LUNA TO ATTEND THE MASS FATALITY MANAGEMENT COURSE ON AUGUST 20-22, 2019 IN DAVIE, FLORIDA

Dan Lyon, resident of San Marcos, made public comment on the rental car for the out of state travel. Captain Mark Cumberland, gave a briefing of the need for the additional training. Out of state travel is needed to send Crime Scene Specialist Supervisor Renee Luna to attend the Mass Fatality Management Course on August 20-22, 2019 in Davie Florida. By attending this course, CSS Luna will learn about federal and state assets available for mass fatality incident response, differences in response plans for transportation, criminal, natural disasters, victim identification, and data management. The course topics will include the discussion of Hurricanes Irma and Michael, Haiti Earthquake, and the Pulse Nightclub and San Bernardino shootings. This training will enhance the mass fatality scene management information that CSS Luna has gathered thus far. Funding for registration and travel expenses including hotel, airfare, per diem and rental car fees will be paid for out of the Sheriff's Office Continuing Ed general ledger (g/l). A motion was made by Commissioner Shell, seconded by Commissioner Jones to approve out of state travel for Crime Scene Specialist Supervisor Renee Luna to attend the Mass Fatality Management Course on August 20-22, 2019 in Davie, Florida. All present voting “Aye”. MOTION PASSED

34130 AUTHORIZE THE CRIMINAL DISTRICT ATTORNEY'S OFFICE TO

PURCHASE ONE (1) NEW OPTIPLEX 7070 SFF COMPUTER AND AMEND THE BUDGET ACCORDINGLY

District Attorney, Wes Mau, spoke of the need of a secured computer. The Criminal District Attorney is requesting to replace a computer that is no longer serviceable. The replacement is necessary to allow staff to run criminal histories. The current CJIS 5.7 security policy does not allow for the usage of Virtual Desktops (VDI Thin Clients) for employees that access the TLETS system. The DA has salary savings due to attrition to fund this request Decrease DA Ops Staff Salaries - ($837) Increase DA Ops Computer Eqpt - $837. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to Authorize the Criminal District Attorney's Office to purchase one (1) new OptiPlex 7070 SFF computer and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34131 APPROVE UTILITY PERMITS A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to approve Utility Permit # 1153, located onTrail Driver (Big Country subd.) Issued to Water. All present voting “Aye”. MOTION PASSED

34132 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR

OFFICE/WAREHOUSE BUILDING AT 101 PETRAS WAY, KYLE, TEXAS 78640

Oil Field Hats is proposing an On-Site Sewage System to serve a small office/warehouse building. The system is designed to accommodate up to 5 employees. This 34.98-acre tract of land will be served by a public water supply. The system designer, Jim Conner, R.S., has designed a standard treatment system. After treatment, the effluent will be dispersed via low-pressure pipe for a maximum daily rate of 90 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for office/warehouse building at 101 Petras Way, Kyle, Texas 78640. All present voting “Aye”. MOTION PASSED

34133 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A DUPLEX AND

TWO RVS LOCATED AT 585 COTTON GIN ROAD, KYLE, TEXAS 78640 Baldemar Espinosa is proposing an On-Site Sewage Facility for a duplex and two RVs located at 585 Cotton Gin Road in Kyle. This 11.00 acre property will be served by a public water supply. The system designer, Stan Burrier, P.E., has designed a standard treatment system. After treatment, the effluent will be disposed via low-pressure pipe for a maximum daily rate of 580 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility permit for a duplex and two RVs located at 585 Cotton Gin Road, Kyle, Texas 78640. All present voting “Aye”. MOTION PASSED

34134 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 2 LONG-TERM

RENTAL CABINS AT 101 SUNRISE B&C SUNRISE CIRCLE, KYLE, TEXAS 78640


***** ***** August 6, 2019

Susan Lackey is proposing an OSSF to serve two 674 square foot cabins for long-term leasing. This property is Lot 39 in the Sunrise Acres subdivision. The cabins will be served by a public water supply. The system designer, Stan Burrier, P.E., has designed a proprietary treatment system with flow equalization. Aftertreatment, the effluent will be dispersed via surface application for a maximum daily rate of 360 gallons. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for 2 long-term rental cabins at 101 Sunrise B&C Sunrise Circle, Kyle, Texas 78640. All present voting “Aye”. MOTION PASSED

34135 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A LETTER AGREEMENT

WITH THE COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT (CSCD) RELATED TO THE FY 2020 VETERAN'S TREATMENT COURT GRANT FOR ADULT PROBATION SERVICES

Hays County receives grant funding from the Texas Veteran's Commission for the veteran's treatment court. As part of this program, CSCD provides an adult probation officer to participant/collaborate in weekly staff meetings with the veteran's court team to discuss participants, supervise the participants in the program and utilize Texas Risk Assessment System (TRAS) case classification instruments per Community Justice Assistance Standards & Local Adult Probation procedure. The renewal grant period is July 1, 2019 through June 30, 2020 and will reimburse all costs associated with the Adult Probation officer assigned to these duties. Attachment: CSCD Letter Agreement. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Letter Agreement with the Community Supervision and Corrections Department (CSCD) related to the FY 2020 Veteran's Treatment Court grant for Adult Probation Services. All present voting “Aye”. MOTION PASSED

34136 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE COMPUTER

EQUIPMENT RELATED TO THE AGILEMESH SOFTWARE SOLUTION AND AMEND THE BUDGET ACCORDINGLY

In FY 19, the County received an Incident Area Communications Grant which authorized and funded the purchase of AgileMesh. This product utilizes memory-intensive software and requires a static IP address; therefore, requires a dedicated laptop to run the system efficiently and keep the system deployable. Without a dedicated laptop with more memory than the current surface pros, the system will run slowly, and the setup time will significantly increase. At this time, the Sheriff's Office is requesting to purchase computer equipment for AgileMesh, a Mobile Precision 7730 utilizing Sheriff Drug Forfeiture Funds. Attachments: Dell Quote # 300038319938.2 Budget Amendment: Increase 053-618-00.5712_400 Computer Equipment Operation $2,976 Increase 053-618-00.5202 Data Processing Supplies $137 Decrease 053-618-00.5206 Law Enforcement Supplies ($3,113). A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to authorize the Sheriff's Office to purchase computer equipment related to the AgileMesh Software Solution and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34137 AMEND THE EXTENSION OFFICE OPERATING BUDGET FOR ADDITIONAL

CONTINUING EDUCATION EXPENSES RELATED TO FAMILY COMMUNITY & HEALTH, TCAAA AND 4-H AGENT CONFERENCES

The Extension Agent is requesting additional funds for continuing education to meet professional CEU requirements. Funds are available within their operating budget to cover these expenses. Budget Amendment: Increase .5551 Continuing Education Decrease .5501 Travel. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to Amend the Extension Office operating budget for additional continuing education expenses related to Family Community & Health, TCAAA and 4-H Agent Conferences. All present voting “Aye”. MOTION PASSED


SERVICES AGREEMENT (PSA) WITH GARVER FOR CONSTRUCTION PHASE SERVICES RELATED TO LOW WATER CROSSINGS IN PCT. 1 AND PCT. 2 AS AUTHORIZED PER THE 2016 ROAD BOND PROGRAM AND AMEND THE BUDGET ACCORDINGLY

This contract will provide Construction Phase Service (CEI-construction, engineering and inspection) for low water crossings as follows:$ 175,362.98- Bunton Lane at Bunton Branch Creek $ 73,729.74- Cotton Gin at Porter Creek $ 76,006.78- Francis Harris Lane at York Creek $ 87,863.48- Grist Mill Road at Plum Creek $ 73,668.58- Turnersville Road at an unnamed creek crossing $ 97,591.40- Chaparral Park Road at Little Bear Creek Attachments: Professional Services Agreement Budget Amendment: Increase Project Engineering Capital Decrease Road Bond Non-Allocated. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement (PSA) with Garver for construction phase services related to Low Water Crossings in Pct. 1 and Pct. 2 as authorized per the 2016 Road Bond Program and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


***** ***** August 6, 2019

34139 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND BGE, INC. TO PROVIDE SCHEMATIC DESIGN, ENVIRONMENTAL DOCUMENTATION AND PLANS, SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR RR 12 SAFETY IMPROVEMENT PROJECT NEAR THE INTERSECTION OF MOUNTAIN CREST AND SKYLINE DRIVE AND AMEND THE BUDGET ACCORDINGLY

Commissioner Shell spoke. The project is on Ranch Road 12, there is a new school where construction has begun recently. This project will develop a PS&E for future construction funding. It is anticipated that project will be submitted to CAMPO for construction funding. These design fees will be drawn from the 2016 Road Bond, Safety and Mobility Projects budget allocation. Budget Amendment: Increase Project Engineering Capital Decrease Road Bond Non-Allocated. A motion was made by Commissioner Shell, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and BGE, Inc. to provide schematic design, environmental documentation and Plans, Specifications & Estimates (PS&E) services for RR 12 safety improvement project near the intersection of Mountain Crest and Skyline Drive and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34140 ACTION TO APPROVE THE 2019 SERVICE AND ASSESSMENT PLAN (SAP)

UPDATE FOR THE LA CIMA PUBLIC IMPROVEMENT DISTRICT General Counsel, Mark Kennedy spoke and gave an update of the Service and Assessment Plan of La Cima Public Improvement District. La Cima Public Improvement District was approved on September 23, 2014 in accordance with the PID Act to finance certain public improvements projects for the benefit of certain property within the PID. The service and assessment plan (SAP) must be reviewed and updated annually by the commissioner’s court for the purpose of determining the annual budget for the Public Improvements. This 2019 Annual Service Plan Update is for both the SAP, the NIA #1 SAP Update, and the Assessment Roll for 2019. A motion was made by Commissioner Shell, seconded by Commissioner Jones to adopt an order of the Commissioners Court of Hays County, Texas accepting and approving an annual service plan update to the service and assessment plan, an updated assessment roll and an updated neighborhood improvement area #1 assessment roll for the La Cima Public Improvement District: making and adopting findings; providing a cumulative repealer clause; and providing an effective date of 08/06/2019. All present voting “Aye”. MOTION PASSED


COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND TRAVIS COUNTY FOR JAIL SERVICES RELATED TO THE HOUSING AND CARE OF HAYS COUNTY INMATES

Rodrigo Amaya, resident of San Marcos, not in favor with the Cooperation Agreement between Hays County and Travis County Jail Services for the care of Hays County inmates. Sheriff, Gary Cutler spoke of the benefits of the move. Captain Julie Villapando spoke of the safety of the deputies and the inmates. This Agreement will be utilized for the overflow of Hays County inmates. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Jones to authorize the County Judge to execute an Interlocal Cooperation Agreement between Hays County and Travis County for Jail Services related to the housing and care of Hays County inmates. All present voting “Aye”. MOTION PASSED

CLERK’S NOTE: COURT TOOK A BREAK AT 9:53AM – 10:00AM. 34142 ACTION TO PURCHASE TWO (2) SHOP FANS (PORTABLE COOLERS) BY

ADVANCED AUTO PARTS FOR THE TRANSPORTATION DEPARTMENT AND AMEND THE BUDGET ACCORDINGLY

Dan Lyon, resident of San Marcos, not in favor of the purchase of the two shop fans. Rodrigo Amaya, resident of San Marcos, not in favor of the purchase of the two shop fans. Transportation Director, Jerry Borcherding spoke of the current shop fans being used fans from the Civic Center and the need of the purchase of the two new shop fans. The Transportation Department would like to purchase two (2) of these fans for the mechanic shop at the Yarrington Road facility to help with the heat and improve working conditions. The current fans in the shop are no longer working properly, and are too old to repair. Funds are available within the operating budget for this expense. Budget Amendment: Decrease Heavy Equipment Capital - .5714_700 Increase Misc Equipment Operating - .5719_400. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to purchase two (2) shop fans (portable coolers) by Advanced Auto Parts for the Transportation Department and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34143 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RESOLUTION AND

SUBMIT A GRANT APPLICATION TO THE TEXAS INDIGENT DEFENSE COORDINATOR FOR THE TIDC INDIGENT DEFENSE COORDINATOR GRANT APPLICATION IN THE AMOUNT OF $110.457.60


***** ***** August 6, 2019

County Court at Law # 3, Judge Tacie Zelhart spoke and gave the updated grant application amount of $73,638.40. Steve Thomas, District Court Administrator, spoke of the space that is available. The grant will establish the position of the Indigent Defense Coordinator through funds provided by the Texas Indigent Defense Commission, to assist with the County's appointment process and provide documentation that the county is in compliance with the Fair Defense Act. The total cost of the grant application is $110,457.60 with a required county match of 20% ($18,409.60). Matching funds will need to be budgeted in the FY20 budget prior to adoption. This grant application will be submitted electronically. Grant Period: 10/1/2019-9/30/2020 Attachments: FY2020 Hays County Defense Coordinator Discretionary Grant Program Application Resolution to submit grant application. A motion was made by Commissioner Shell, seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Resolution and submit a grant application to the Texas Indigent Defense Coordinator for the TIDC Indigent Defense Coordinator grant application in the amount of $73,638.40. All present voting “Aye”. MOTION PASSED

34144 10:00 A.M. - BUDGET WORKSHOP REGARDING THE FY 2020 HAYS

COUNTY BUDGET. POSSIBLE ACTION MAY FOLLOW County Judge read highlights of the proposed budget including evaluation of property, current tax rate, and effective rate. Commissioner Shell spoke of the proposed budget removal of positions of currently employed – would like to have reorganization but not to removed. Commissioner Ingalsbe spoke of the change of the administrative assistant. Director of Countwide Operations, Tammy Crumley spoke of her and her department not being notified of the reorganization or terminations of jobs. A motion was made by Commissioner Shell, seconded by Commissioner Jones to reinstate the positions of Countywide Operations Department; Director of Countywide Operations, Criminal Justice Annalists, Operations Coordinator and Grant Writer, that were removed from the Judges Budget and to not add the Administrative Assistant III position since that has been vacated. All 3 Commissioners voting “Aye”, County Judge voting “No” MOTION PASSED District Attorney, Wes Mau presented the court with a PowerPoint presentation of the District Attorney’s Office. The need of the need to add additional staffing 1 - new felony district court 1- new misdemeanor county court the District Attorney’s Office; 2 Intake Staff: Anticipated increases in submissions to DA’s office/reduce backlog, 4 Administrative Assistants (+1 move from DFF) Currently, admins are assigned up to 3 prosecutors per admin, 1 Victim Assistance Coordinator to work with crime victims, 3 Investigators to serve subpoenas for increased number of trial settings; total amount for the positions asked in budget is $1,428,018.00. Director of Development Services, Caitlyn Strickland presented the court with a PowerPoint presentation. Requested: 6 Enterprise Vehicle Leases- This would allow all Sanitarians to have safe and road ready vehicles. Requested FY20 Fuel Budget: $8500, Requested Budget: $35,000 for Development Services Operating, $12,000 for the 911 CAPCOG Grant. Hays County Development Services personnel requests will work towards: Bringing current positions into appropriate grades, so that we will be able to market these future positions to outstanding candidates. Employing three new people that will help send our message to the entirety of Hays County. Our department strives to promote and protect the public health, environmental health, and safety of Hays County citizens through quality planning, permitting, addressing, and inspections. Regrades: GIS

Technician re‐grade w/ 6% Increase GIS Analyst to Specialist w/ 6% Increase GIS Coordinator to Analyst w/ 6%

Increase GIS Programs Manager w/ 6% Increase, New Positions: 1 New GIS Specialist ‐ Applications (Graded to New position would be for daily operations of GIS Database, along with assisting with special projects and improving our online presence. Regrading of the Chief EHS/ Floodplain Administrator: Move from a 114 to a 115. The regrade will put the current position into the current market for a Chief EHS/Floodplain administrator: 2 New EHS I Positions. To review and issue new development, OSSF, floodplain, complaint, and food establishment permits. Also assist with complaints and customer phone calls/walk ins. The 2 New Positions will improve the daily operations and allow a more expedited permitting process for the citizenry of Hays County. Director of Veterans Services, Jude Prather, spoke of the initial request- an amendment to be made for a regrade of one of the positions – Credit Services Officers, flexibility for the budget request. Justice of the Peace, Pct. 3, Judge Cable spoke of the increase in pay of the elected officials pay for the Justices of the Peace. Justice of the Peace, Pct. 2, Judge Smith spoke of the on call duties of the JPs and the need of an increase in pay of the elected officials. Justice of the Peace, Pct. 4, John Burns spoke of the need to increase of pay of the Justice of the Peace. Justice of the Peace, Pct. 1-1, Joanne Prado spoke and was in favor with the other JPs of the need to increase of the pay of the Justice of the Peace due to the County growth. Justice of the Peace, Pct. 1-2, Maggie Moreno spoke and was in favor with the other JPs of the need to increase of the pay in the Justice of the Peace to be fair with the market. Treasurer, Britney Richey spoke of no changes to be made at this time. Human Resources Director, Shari Miller spoke of the requested equipment scanners, 2 positions to be regraded; HR Specialists and HR Manager (benchmark position). Membership budget requested $1,500.00. Requested an increase amount for the Service Awards. Benchmark analysis positions are down 12.7%, range


***** ***** August 6, 2019

needs some adjustments done. Recommendations for regrades and also internal structure/organization of departments are based on market analysis.

CLERK’S NOTE: COURT TOOK A BREAK AT 12:07PM – 12:12PM. County Clerk, Elaine H. Cárdenas presented a PowerPoint presentation. Reclassify Melody Barron as Records Management Officer, from: Grade 110 to114, effective October 1, 2019. Duties added since 2012: Planning and program management, Budgeting, Procurements, Hiring and supervision of archivists. Elaine Cardenas, Hays County Clerk (covers 50% of Melody’s salary) and Wes Mau, Hays County District Attorney (covers 50% of Melody’s salary). Salary at Current Grade: $35,400 Salary if Regraded to 114: $49,900 DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY Rodrigo Amaya, resident of San Marcos, not in favor of the items that are requested by the Sheriff’s Office approved by the court.

34145 ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Fire Marshall gave the update. The Burn Ban is in effect until conditions change significantly. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Shell to put the Burn Ban in effect. All present voting “Aye”. MOTION PASSED

Clerk’s Note Agenda Item #24 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED Clerk’s Note Agenda Item #25 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS

Judge Becerra gave the update. Hays County’s current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10%of capacity open. The jail’s daily average was 580 and peak was 587 on July 25th for the week of July 29th to August 3rd, 2019. Estimated cost for outsourcing inmates this week as $83,921.00. The average number of outsourced males is 201 and females are 24. This week’s inmates were housed in the following counties: Bastrop, Bell, Blanco, Burnet, Caldwell, Fort Bend, Guadalupe and Walker. ADJOURNMENT A motion was made by Commissioner Jones 12:45 p.m.



proceedings had by the Hays County Commissioners’ Court on August 6, 2019.




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STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 13TH DAY OF AUGUST A.D., 2019, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Commissioner Ingalsbe gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. POINT OF ORDER Commissioner Smith called a Point of Order regarding the circumstances leading to the existence of two agendas, one without the County Clerk’s signature, and another with her signature, but missing one of the agenda items (#33 regarding vote locations). Judge Becerra acknowledged that he had removed the item because he did not believe there had been sufficient opportunity for comment and input from the community. Commissioner Smith read a 1983 legal opinion of Attorney General Jim Mattox stating that neither the County Judge nor the County Clerk has the authority to alter a Commissioners Court agenda. When questioned by Commissioner Smith, the County Clerk said the judge had asked her to send the agenda to him for review before signing and posting it. She sent the agenda to him shortly before 5:00PM and signed and posted the agenda he sent back (from which Item #33 had been removed). She said she had believed that the County Judge had final authority over the agenda and the right to make changes, but that she accepted the legal opinion and recognized she had made a mistake in signing the altered agenda instead of the original. She apologized to the commissioners and the public and pledged never to make the mistake again. Janice Jones, a clerk in the General Counsel’s office, read an email she had written Friday to Commissioner Smith detailing her recollection of events regarding the removed agenda item (#33). Commissioner Smith called for an investigation of the events, possibly engaging the Texas Rangers. PUBLIC COMMENTS Jennifer Anderson, Elections Administrator, expressed her displeasure that Agenda Item #33 had been cut, stating that input on voter sites had been obtained through a Polling Locations Study Group composed of municipal and school district representatives and a few others involved with the elections. Rodrigo Amaya challenged the ethics of Commissioner Smith and General Counsel Mark Kennedy. Dan LaBruyere, a Hays County prosecutor, commented on the desperate need for adequate staff in the District Attorney’s office. Kurt Lange, of the District Attorney’s office spoke of being over-burdened and needing a paralegal as well as other staff support. Guadalupe Cortez, a local entrepreneur/inventor, presented to the commissioners his vision of a collapsible storage facility for classrooms that could be used for protection during active shooter attacks. The system would allow for escape through windows, and could be used in various settings, including courtrooms. He requested endorsement of the Commissioners Court. David Crowell commented on several topics. Among them, he objected to providing financial support to the Greater San Marcos Partnership. Susan Raybuck of the League of Women Voters said she was glad agenda item #33 had been cut because the community needed more time to study the proposed locations and provide input to ensure nothing important was overlooked. Roland Saucedo agreed that he was glad agenda item #33 was not on the agenda. He said there was an effort to disenfranchise Hispanics in box 113 and said the citizens need to have input. He also expressed concern about accessibility for people with disabilities at the polling locations. Gabrielle Moore of the League of Women Voters said she was disturbed that proposed locations weren’t posted sooner. She was concerned about the lack of a suitable location on the Texas State University campus and said students were being disenfranchised. Sarah Kline, President of the 290 Safety Coalition, expressed concern about safety on Hwy 290. She called for a lower speed limit, and requested an extra Constable. PUBLIC COMMENTS REGARDING ITEM #33—VOTE CENTERS, WHICH HAD BEEN PULLED FROM THE AGENDA David Crowell objected to the inconvenient locations of the proposed vote centers and to the “TBD” listed next to Texas State University sites. He also commented on the misallocation of sites, with surpluses in some areas and too few in other areas, such as Kyle. Linda Calvert, President, Hays County League of Women Voters, commended Jennifer Anderson on the move to vote centers, but said she would like to see more transparency with ample opportunities for public input. She questioned the outreach process that relied mostly on municipalities and school districts, with apparently little or no involvement of traditionally underserved populations, including students, ethnic minorities, older people, and people with disabilities. She also commented on the odd spread of locations with two next to each other in Wimberley and too few in rural areas. Cindy Cassidy commented on her discomfort with the “tone this morning” and her concern about the proposed Driftwood location, which she thought was inadequate and unfamiliar to voters in the area. Roland Saucedo objected to the removal of the Health Department from the list of locations and the effect it would have on


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people who had always voted at the location. He said the list disenfranchises the elderly, people with disabilities, and others. Lisa Prewitt expressed dismay that polling locations used in previous elections were not used. She called for greater integrity, fairness and transparency, as well as ample time to study proposed plans and have input. 34146 APPROVE PAYMENTS OF COUNTY INVOICES

A motion was made by Commissioner Jones seconded by Commissioner Smith to approve payments of County invoices in the amount of $12,911.648.24, as submitted by the County Auditor. All present voting “Aye.” MOTION PASSED


A motion was made by Commissioner Jones seconded by Commissioner Smith to approve payments of Juror Checks in the amount of $2,903.00, as submitted by the County Auditor. All present voting “Aye.” MOTION PASSED


A motion was made by Commissioner Jones seconded by Commissioner Smith to approve the payment of United Healthcare claims in the amount of $232,280.41, as submitted by the County Auditor. All present voting “Aye.” MOTION PASSED

Clerk’s Note Agenda Item #4 RE: APPROVE COMMISSIONERS COURT MINUTES OF AUGUST 6, 2019. BECERRA/CARDENAS – WAS PULLED 34149 APPROVE THE PAYMENT OF THE AUGUST 15, 2019 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,680,000.00 EFFECTIVE AUGUST 15, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED

A motion was made by Commissioner Jones seconded by Commissioner Smith to approve the payment of the August 15, 2019 payroll disbursements in an amount not to exceed $2,680,000.00 effective August 15, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye.” MOTION PASSED

34150 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR ADDITION OF

REHABILITATION CENTER AT 11205 BONHAM RANCH ROAD, DRIPPING SPRINGS, TX 78620

DV Austin, LLC is proposing to convert a Single Family Residence to a Rehabilitation Center. This facility will have a maximum of 14 patients and no more than 10 staff members. This 10.00-acre tract of land is Lot A in the Terry Subdivision and is served by a private well. The system designer, Jon Maass, R.S., has designed a standard treatment system. After treatment, the effluent will be dispersed via low-pressure pipe for a maximum daily rate of 1260 gallons. A motion was made by Commissioner Jones seconded by Commissioner Smith to Authorize On-Site Sewage Facility Permit for addition of Rehabilitation Center at 11205 Bonham Ranch Road, Dripping Springs, TX 78620. All present voting “Aye.” MOTION PASSED

34151 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 5 RVS AT 1300 THURMAN ROAD, SAN MARCOS, TX 78666

Arturo Cosme is proposing an On-Site Sewage System to serve 5 recreational vehicles for family and friend gatherings. This 5.498-acre parcel of land is Lot 38 of Section C in the Highlands subdivision and will be served by a private well. The system designer, Doug Dowlearn, R.S., has designed a non-standard treatment system. After treatment, the effluent will be dispersed via surface application for a maximum daily rate of 200 gallons. A motion was made by Commissioner Jones seconded by Commissioner Smith to Authorize On-Site Sewage Facility Permit for 5 RVs at 1300 Thurman Road, San Marcos, TX 78666. All present voting “Aye.” MOTION PASSED.

34152 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR OFFICE BUILDING AT 3041 SATTERWHITE ROAD, BUDA, TX 78610

Nicolas Christy of Mercury Wireless, Inc. is proposing an On-Site Sewage System to serve a small office building. The system is designed to accommodate up to 8 employees. This 15.00-acre tract of land will be served by a public water supply. The system designer, Stan Burrier, P.E., has designed a standard treatment system. After treatment, the effluent will be dispersed via low-pressure pipe for a maximum daily rate of 50 gallons. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize On-


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Site Sewage Facility Permit for office building at 3041 Satterwhite Road, Buda, TX 78610. All present voting “Aye.” MOTION PASSED

34153 CONFIRM THE REAPPOINTMENT OF BILL GOODWIN TO THE BOARD OF DIRECTORS OF THE WEST TRAVIS COUNTY PUBLIC UTILITY AGENCY (THE “WTCPUA”), TERM ENDING SEPTEMBER 2022

Pursuant to the Bylaws and Participant Agreement between Hays County, City of Bee Cave, and MUD No.5, all parties must confirm the appointments of the fourth and fifth board members. Bill Goodwin, who has been mutually selected by MUD No. 5 and Bee Cave, awaits confirmation from Hays County. A motion was made by Commissioner Jones seconded by Commissioner Smith to confirm the reappointment of Bill Goodwin to the Board of Directors of the West Travis County Public Utility Agency (the “WTCPUA”), term ending September 2022. All present voting “Aye.” MOTION PASSED

34154 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR OFFICE BUILDING AT 10656 SIGNAL HILL ROAD, AUSTIN, TX 78737

Dennis Watson is proposing to upgrade to an existing On-Site Sewage System. There is a permitted system that serves a Single Family Residence. The upgrade to the system accommodates an office building. This 9.9945 acre tract of land will be served by a public water supply. The system designer, Hoyt Seidensticker, R.S., has designed a standard treatment system. After treatment, the effluent will be dispersed via standard disposal for a maximum daily rate of 260 gallons. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for office building at 10656 Signal Hill Road, Austin, TX 78737. All present voting “Aye.” MOTION PASSED 34155 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 7 RV SPACES AND

2 SHORT-TERM RENTAL CABINS AT 630 WAYSIDE DRIVE, WIMBERLEY, TX 78676

Joseph Jamieson of Jamieson Properties, LLC is proposing an On-Site Sewage System to serve 7 recreational vehicles and 2 short-term rental cabins. This 2.10-acre parcel of land is Lot 5 in the Canyon Oaks subdivision and will be served by a public water supply. The system designer, Bucky Smith, R.S., has designed a non-standard treatment system. After treatment, the effluent will be dispersed through drip irrigation tubing for a maximum daily rate of 480 gallons. A motion was made by Commissioner Jones seconded by Commissioner Smith to Authorize On-Site Sewage Facility Permit for 7 RV spaces and 2 short-term rental cabins at 630 Wayside Drive, Wimberley, TX 78676. All present voting “Aye.” MOTION PASSED 34156 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 25 RV SPACES

710 HENLY LOOP, DRIPPING SPRINGS, TX 78620

Joshua Garst and James Kuykendall, Jr. are proposing an On-Site Sewage System to serve 25 recreational vehicles. This 10.40-acre parcel of land is will be served by a public water supply. The system designer, Derrick Lormand, R.S., has designed a non-standard treatment system. After treatment, the effluent will be dispersed via low-pressure pipe for a maximum daily rate of 1200 gallons. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for 25 RV spaces 710 Henly Loop, Dripping Springs, TX 78620. All present voting “Aye.” MOTION PASSED

34157 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR AUTOMOTIVE REPAIR SHOP AT 1701 BEBEE ROAD, KYLE, TX 78640

Ramon Vidaurri is proposing an On-Site Sewage System to serve an automotive repair shop. The system is designed to accommodate up to 20 employees. This 2.00-acre tract of land is Lot 14A in the Sunrise Acres subdivision and will be served by a public water supply. The system designer, Jim Conner, R.S., has designed a standard treatment system. After treatment, the effluent will be dispersed via low-pressure pipe for a maximum daily rate of 240 gallons. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for Automotive Repair Shop at 1701 Bebee Road, Kyle, TX 78640. All present voting “Aye.” MOTION PASSED


Permit #: Road Name: Utility Company: 1154 Redwood Road The Cleaning Guys, LLC and Permit #: Road Name: Utility Company: 1155 Belterra Drive Atwell, LLC. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve Utility Permits as presented by the Transportation Director. All present voting “Aye.” MOTION PASSED

34159 APPROVE OUT OF STATE TRAVEL FOR SCHOOL RESOURCE OFFICER

RICHARD LOZANO TO ATTEND THE NATIONAL POSITIVE BEHAVIORAL


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INTERVENTIONS AND SUPPORTS FORUM ON OCTOBER 3-4, 2019 IN CHICAGO, ILLINOIS

Out of state travel is needed to send School Resource Officer Richard Lozano to attend the National Positive Behavioral Interventions and Supports Forum on October 3-4, 2019 in Chicago, Illinois. The Texas School Safety Center has requested SRO Richard Lozano to attend this forum as a speaker, and to discuss his daily interactions with students and staff in the school environment. PBIS (Positive Behavioral Interventions and Supports) is an intervention that is becoming more commonplace in schools across the nation to keep schools healthy and safe. This forum will gather data from school resource officers about the number and nature of their encounters with students. The PBIS forum will be a valuable experience for SRO Lozano, as well as the thousands of participants who come from across the nation to attend this forum. Funding for travel expenses including airfare, lodging and per diem will be paid for by the Texas School Safety Center. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve out of state travel for School Resource Officer Richard Lozano to attend the National Positive Behavioral Interventions and Supports Forum on October 3-4, 2019 in Chicago, Illinois. All present voting “Aye.” MOTION PASSED

34160 AUTHORIZE THE EXECUTION OF RESOLUTION AND GRANT

APPLICATION SUBMITTAL TO THE TEXAS DEPARTMENT OF TRANSPORTATION'S 2019 SAFE ROUTES TO SCHOOL - INFRASTRUCTURE (SRTS) CALL FOR PROJECTS

April 16, 2019 the court approved the submission of a preliminary grant application to TxDOT Safe Routes to Schools Program. The Hays County application was selected to move forward to the second phase of the application process which consists of a detailed comprehensive application. The purpose of Safe Routes to School funding is to enable and encourage children to walk and bicycle to school and to them the more appealing transportation alternatives from an early age. In addition, to facilitate in the planning, development, and implementations of projects and activities that will improve safety and reduce motorized traffic in the vicinity of schools. Eligible project locations are within a 2-mile radius of a K-8th grade public, private, or charter school. There is no Match Requirement for this grant funding and the estimated construction costs for the project is $11,077,000. The funding requested is for the construction of the proposed 10' - 12' shared use path along the south side of Bebee Road and along the east side of Dacy Lane to service Science Hall Elementary School. Additionally, a sidewalk extending north from the intersection of Bebee Road and Dacy Lane to Hillside Terrace. The sidewalk extending east on Hillside Terrace to Goforth Rd. A sidewalk extending north Goforth Rd. to Tom Green School Rd. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the execution of Resolution and grant application submittal to the Texas Department of Transportation's 2019 Safe Routes to School - Infrastructure (SRTS) Call for Projects. All present voting “Aye.” MOTION PASSED

34161 AUTHORIZE PAYMENT TO BLUEBONNET MOTORS, A TOTAL OF $524.97

WHERE NO PURCHASE ORDER WAS IN PLACE AS PER THE COUNTY PURCHASING POLICY

The Sheriff's Office is requesting court approval of payments to Bluebonnet Motors for two invoices dated 7/31/19 totaling $524.97. At the time of purchase, a purchase order was not sought as per the County Purchasing Policy. Funding is available in the Sheriff's Office Vehicle Maintenance & Repair g/l. Attachments: Bluebonnet Motors Invoice # 664458 Bluebonnet Motors invoice # 664237. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize payment to Bluebonnet Motors, a total of $524.97 where no purchase order was in place as per the County Purchasing Policy. All present voting “Aye.” MOTION PASSED

34162 AUTHORIZE PAYMENT TO ESQUIVEL GLASS COMPANY, A TOTAL OF

$590.00 WHERE NO PURCHASE ORDER WAS IN PLACE AS PER THE COUNTY PURCHASING POLICY

The Sheriff's Office is requesting court approval of payment to Esquivel Glass Company for two invoices dated 7/31/19 totaling $590.00. At the time of service, a purchase order was not sought as per the County Purchasing Policy. Funding is available in the Sheriff's Office Vehicle Maintenance and Repair g/l. Attachments: Esquivel Glass Co. Invoice # 907, $280 Esquivel Glass Co. Invoice # 908, $310. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize payment to Esquivel Glass Company, a total of $590.00 where no purchase order was in place as per the County Purchasing Policy. All present voting “Aye.” MOTION PASSED

34163 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO PURCHASE

ONE POWEREDGE R340 SERVER WITH 2TB STORAGE CAPABILITIES FOR THE FLOOD MONITORING SYSTEM AND AMEND THE BUDGET ACCORDINGLY

The server will be used to replace an existing server that can no longer provide real-time capabilities as needed for the Texas Water Development Board (TWDB) Flood Early Warning System. Grant funds will be used to purchase the server. Budget Amendment: Decrease Miscellaneous Capital Improvements: 001-656-99-


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101.5741 ($3,696) Increase Computer Equipment Operating: 001-656-99-101.5712_400 $3,696 Attachment: Dell Quote No. 3000042725780.1 DIR-TSO-3763. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the Office of Emergency Services to purchase one PowerEdge R340 Server with 2TB storage capabilities for the flood monitoring system and amend the budget accordingly. All present voting “Aye.” MOTION PASSED

Clerk’s Note Agenda Item #20 RE: AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO PURCHASE AND INSTALL A NEW HVAC UNIT TO REPLACE THE FAILED HVAC UNIT CURRENTLY LOCATED AT THE OFFICE OF EMERGENCY SERVICES AT YARRINGTON. INGALSBE/T.CRUMLEY – WAS PULLED Clerk’s Note Agenda Item #21 RE: AMEND VARIOUS DEPARTMENTAL OPERATING, SPECIAL REVENUE AND CAPITAL PROJECT BUDGETS IN PREPARATION FOR FISCAL YEAR 2019 MONTHLY FINANCIAL REPORTING. BECERRA/VILLARREAL-ALONZO – WAS PULLED 34164 AUTHORIZE THE EXECUTION OF A SUPPLEMENTAL AGREEMENT NO. 6

TO THE PROFESSIONAL SERVICES AGREEMENT WITH PRIME STRATEGIES, INCORPORATED FOR THE PASS-THROUGH FINANCE PROGRAM MANAGEMENT EFFORT IN HAYS COUNTY, INCREASING THE COMPENSATION CAP BY $225,000.00 FROM $7,390,500.00 TO $7,615,500.00 AND EXTENDING THE TERMINATION DATE OF THE CONTRACT TO SEPTEMBER 30, 2020

The execution of this supplemental to the program management contract will extend the termination date to September 30, 2020. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the execution of a Supplemental Agreement No. 6 to the Professional Services Agreement with Prime Strategies, Incorporated for the Pass-Through Finance Program Management effort in Hays County, increasing the Compensation Cap by $225,000.00 from $7,390,500.00 to $7,615,500.00 and extending the termination date of the contract to September 30, 2020. All present voting “Aye.” MOTION PASSED 34165 AUTHORIZE THE HEALTH DEPARTMENT TO PURCHASE CONSUMABLE

ITEMS RELATED TO THE 2019 HEALTH FAIR TO BE HELD ON AUGUST 19, 2019

The Health Department is hosting the annual Health Fair to promote back to school immunizations the week of August 19th located at 401 Broadway. Items will be purchased to provide to the children and families that attend as well as educational materials related to the benefits of vaccinations. This event is free to the public. Savings within the Health Department operating budget are available to fund this request. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the Health Department to purchase consumable items related to the 2019 Health Fair to be held on August 19, 2019. All present voting “Aye.” MOTION PASSED 34166 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE FIRST AMENDMENT

TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN HAYS COUNTY, THE WIMBERLEY INDEPENDENT SCHOOL DISTRICT, AND HAYS COUNTY CONSTABLE, PRECINCT 3

Rodrigo Amaya, resident of San Marcos, made public comment. Commissioner Shell mentioned duties will be separate. Constable Pct. 3, Ray Helm spoke. Superintendent Dwain York spoke. Constable Ayers spoke of the training. On June 25, 2019, the Commissioners Court approved combining two part-time deputy constable positions into one full-time deputy constable position. As discussed in Court, this transition equated to a change in the cost of insurance benefits associated with the positions. The County funded the insurance benefits for the remainder of FY19, and the budget was amended accordingly. This First Amendment to the Interlocal Cooperation Agreement will result in the Wimberley Independent School District funding half of the insurance benefits associated with the position, effective October 1, 2019. The remaining half of the insurance benefits will be funded by the City of Woodcreek. A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the County Judge to execute the First Amendment to the Interlocal Cooperation Agreement between Hays County, the Wimberley Independent School District, and Hays County Constable, Precinct 3. All present voting “Aye.” MOTION PASSED

34167 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE THIRD AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF WOODCREEK

Commissioner Shell mentioned duties will be separate. Constable Pct. 3, Ray Helm spoke. Constable Ayers spoke of the training. On June 25, 2019, the Commissioners Court approved combining two part-time deputy constable positions into one full-time deputy constable position. As discussed in Court, this transition equated to a change in the cost of insurance benefits associated with the positions. The County funded the insurance benefits for the remainder of FY19, and the budget was amended accordingly. This Third Amendment to the


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Interlocal Cooperation Agreement will result in the City of Woodcreek funding half of the insurance benefits associated with the position, effective October 1, 2019. The remaining half of the insurance benefits will be funded by the Wimberley Independent School District. A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the County Judge to execute the Third Amendment to the Interlocal Cooperation Agreement between Hays County and the City of Woodcreek. All present voting “Aye.” MOTION PASSED

34168 APPROVE ADVANCE FUNDING AGREEMENT BETWEEN HAYS COUNTY

AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE US 290 AT TRAUTWEIN ROAD PROJECT AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADVANCE FUNDING AGREEMENT ON BEHALF OF HAYS COUNTY

Commissioner Smith spoke of the temporary signal. The US 290 at Trautwein Rd. intersection improvement project is an element of the Hays County 2016 Road Bond Program. The project has been included in the Capital Area Metropolitan Planning Organization (CAMPO) FY 2019 to FY 2022 Transportation Improvement Program and has been awarded $1,049,000.00 in Federal construction funding. Hays County has moved forward with project development of the US 290 at Trautwein Road project, including environmental clearance, construction design, and utility relocation. The Advance Funding Agreement would memorialize the roles and responsibilities of TxDOT and Hays County and is required for the project to receive Federal construction funding. TxDOT would contribute a total of $1,181,779.00 in State and Federal funds, which includes construction funding and direct State costs, and Hays County would contribute a total of $236,370.00 which includes construction engineering and environmental clearance. The project is estimated to be let for construction by TxDOT in early 2020. A motion was made by Commissioner Smith seconded by Commissioner Jones to approve Advance Funding Agreement between Hays County and the Texas Department of Transportation (TxDOT) for the US 290 at Trautwein Road project and authorize the County Judge to execute Advance Funding Agreement on behalf of Hays County. All present voting “Aye.” MOTION PASSED

34169 APPROVE THE SELECTION OF VOLKERT ENGINEERING TO PERFORM

CONSTRUCTION ENGINEERING AND INSPECTION SERVICES FOR THE SAWYER RANCH ROAD SIDEWALK PROJECT AUTHORIZED IN THE 2016 ROAD BOND PROGRAM AND TO AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT

Commissioner Smith spoke. This action will provide construction inspection services for the sidewalk project. A motion was made by Commissioner Smith seconded by Commissioner Jones to approve the selection of Volkert Engineering to perform Construction Engineering and Inspection services for the Sawyer Ranch Road sidewalk project authorized in the 2016 Road Bond Program and to authorize staff and counsel to negotiate a contract. All present voting “Aye.” MOTION PASSED

34170 RELEASE OF THE MAINTENANCE BOND #4403169MNT-3 IN THE

AMOUNT OF $67,730.33 (ROADS & DRAINAGE), THE RELEASE OF THE MAINTENANCE BOND #1034756MNT IN THE AMOUNT OF $2,684,684.80 (BRIDGE ONLY), AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR CALITERRA SUBDIVISION, PHASE 1, SECTION 5

Staff recommends acceptance of this road into the County Road Maintenance System. It includes: a segment of Caliterra Parkway (2,305 ft.). A motion was made by Commissioner Smith seconded by Commissioner Shell to release of the maintenance bond #4403169MNT-3 in the amount of $67,730.33 (roads & drainage), the release of the maintenance bond #1034756MNT in the amount of $2,684,684.80 (bridge only), and the acceptance of roads into the County Road Maintenance System for Caliterra subdivision, Phase 1, Section 5. All present voting “Aye.” MOTION PASSED 34171 AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICE

AGREEMENT (PSA)/CONTRACT WITH WSB & ASSOCIATES, INC. FOR ENVIRONMENTAL DOCUMENTATION AND DESIGN AND PREPARATION OF PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) FOR SAFETY IMPROVEMENTS ON RM 967 WEST OF FOREST OAK DRIVE AND AMEND THE BUDGET ACCORDINGLY

Commissioner Jones spoke. PSA is for the preparation of environmental documentation and construction documents associated with the proposed construction of safety improvements on RM 967 West of Forest Oak Drive [11-646-034]. This new PSA/contract covers the additional design elements required to extend the limits of the County's project westward to allow the County to utilize TxDOT programmed safety funding for construction. This project is part of the Hays County 2016 Road Bond Project. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the execution of a Professional Service Agreement


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(PSA)/contract with WSB & Associates, Inc. for environmental documentation and design and preparation of plans, specifications, and estimates (PS&E) for safety improvements on RM 967 West of Forest Oak Drive and amend the budget accordingly. All present voting “Aye.” MOTION PASSED 34172 SUB-1309; HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO

APPROVE THE FINAL PLAT OF THE ROLLING OAKS, SECTION 4, LOT 115, REPLAT

Judge Becerra opened the public hearing. There was no public input. Judge Becerra closed the public hearing. Director of Development Services, Caitlyn Strickland spoke. Rolling Oaks, Section Four Subdivision is a recorded subdivision located off of FM 3237 in Precinct 3. The proposed re-plat will divide the 7.01 acre Lot 115 into 2 lots, Lot 115-A and Lot 115-B. Water service will be provided by individual wells. Wastewater treatment will be accomplished by individual on-site sewage facilities. A motion was made by Commissioner Shell seconded by Commissioner Jones to approve the final plat of the SUB-1309; Rolling Oaks, Section 4, Lot 115, Replat. All present voting “Aye.” MOTION PASSED

34173 ACTION TO ADOPT A FORMULA FOR ELECTION FEES ASSOCIATED WITH THE ADMINISTRATION OF ELECTIONS FOR LOCAL POLITICAL SUBDIVISIONS

Jennifer Anderson explained the formulas used for Election Fees. Hays County Commissioners Court in conjunction with approval from the Office of Secretary of State has given the Hays County Election office the green light to move ahead with the Countywide Polling Place Program for November 2019. The current fee schedule is consistent with charges based on individual jurisdiction elections. My office would like to use a formula to allot charges to jurisdictions based on their individual voter registration populations. Future elections will be run jointly in Hays County. A formula will be a better depiction of actual costs per jurisdiction by the amount of registered voters that they are serving. The formula is as follows: Example: Registered Voters in County - 135,000 135,000/255,000= 52.94% of total cost. Registered Voters in Joint Entity A - 100,000 100,000/255,000= 39.23% of total cost. Registered Voters in Joint Entity B - 20,000 20,000/255,000= 7.84% of total cost. Aggregate Registered Voters - 255,000. $1,000 dollar minimum cost for elections that don't exceed that total. Since programming and supplies would exceed the cost of elections with very small voter registration populations. Please see attached fees for additional fee amounts. A motion was made by Commissioner Smith seconded by Commissioner Shell to adopt a formula for election fees associated with the administration of elections for local political subdivisions as discussed in the packet. All present voting “Aye.” MOTION PASSED

Clerk’s Note Agenda Item #32 RE: DISCUSSION AND POSSIBLE ACTION TO APPOINT JUDGES/ALTERNATE JUDGES FOR THE CONSTITUTIONAL AMENDMENT ELECTION TO BE HELD ON NOVEMBER 5, 2019 FOR A TWO YEAR TERM. SMITH/ANDERSON – WAS PULLED Clerk’s Note Agenda Item #33 RE: DISCUSSION AND POSSIBLE ACTION TO CALL AN ELECTION TO BE HELD ON NOVEMBER 5, 2019 TO VOTE FOR 10 CONSTITUTIONAL AMENDMENTS. SMITH/ANDERSON – WAS PULLED 34174 ADOPT A RESOLUTION OF SUPPORT FOR THE NEW VOTING SYSTEM

AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT BETWEEN HAYS COUNTY AND HART INTERCIVIC FOR THE PURCHASE OF THE HART VERITY DUO VOTING SYSTEM AND AMEND THE BUDGET ACCORDINGLY

The Hart InterCivic "Hart Verity Duo" voting system was approved by the Court on July 30, 2019. Contract attached. A motion was made by Commissioner Smith, seconded by Commissioner Shell to adopt a resolution of support for use of Hart InterCivic’s Verity Duo system as the new voting system for Hays County. All four Commissioners voting “Aye,” Judge Becerra voting “No.” MOTION PASSED A motion was made by Commissioner Smith, seconded by Commissioner Shell to request that the Hays County Elections Administrator send a 2-page document, consisting of the 1st page of the Verity Master Agreement and Exhibit D to the Verity Master Agreement, to the Secretary of State for approval and confirmation of State Certification. All present voting “Aye.” MOTION PASSED A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to execute the Verity Master Agreement between Hays County and Hart InterCivic, Inc. for hardware, software, software support services, warranty services, and professional services associated with elections equipment, once approval and confirmation from the Secretary of State is received by Hays County. All present voting “Aye.” MOTION PASSED A motion was made by Commissioner Smith, seconded by Commissioner Shell to authorize the County Judge to sign the quote provided by Hart InterCivic, as quote number 00005672, once approval and


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confirmation from the Secretary of State is received by Hays County. All present voting “Aye.” MOTION PASSED

34175 ADOPT A RESOLUTION IN SUPPORT OF DARK SKY COMMUNITIES AND

EFFORTS TO PRESERVE NIGHT SKIES

Gregg Webb, Chair of the Wimberley Valley Dark Sky Committee, David Crowell, resident of Kyle, and Cindy Cassidy commented in support of the motion. A motion was made by Commissioner Shell seconded by Commissioner Jones to adopt a resolution in support of Dark Sky Communities and efforts to preserve night skies. All present voting “Aye.” MOTION PASSED 34176 AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN HAYS

COUNTY AND MILLIMAN, INC. FOR ACTUARIAL SERVICES RELATED TO RETIREE DRUG SUBSIDY

HR Director, Shari Miller spoke. This agreement authorizes Milliman, Inc. to perform the retiree drug subsidy actuarial testing and attestation for the 2020 plan year and to determine whether Hays County's retiree pharmacy plans provide creditable coverage and are actuarially equivalent to the standard Medicare Part D plan as defined by the Centers for Medicare and Medicaid Services (CMS).A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the execution of an agreement between Hays County and Milliman, Inc. for actuarial services related to retiree drug subsidy. All present voting “Aye.” MOTION PASSED 34177 APPROVE THE ASSESSMENT AND COLLECTION AGREEMENT BETWEEN

HAYS COUNTY AND THE CITY OF KYLE, ACTING AS BOARD OF DIRECTORS FOR THE 6 CREEKS PUBLIC IMPROVEMENT DISTRICT

Tax Assessor – Collector, Jennifer O’Kane spoke. We have been asked to collect the assessment for the 6 Creeks PID on the annual property tax bill. A motion was made by Commissioner Smith seconded by Commissioner Shell to approve the Assessment and Collection Agreement between Hays County and the City of Kyle, acting as Board of Directors for the 6 Creeks Public Improvement District. All present voting “Aye.” MOTION PASSED

34178 APPROVE THE ASSESSMENT AND COLLECTION AGREEMENT BETWEEN

HAYS COUNTY AND THE CITY OF KYLE, ACTING AS BOARD OF DIRECTORS FOR THE SOUTHWEST KYLE PUBLIC IMPROVEMENT DISTRICT #1

We have been asked to collect the assessment for the Southwest Kyle PID #1 on the annual property tax bill. A motion was made by Commissioner Smith seconded by Commissioner Shell to approve the Assessment and Collection Agreement between Hays County and the City of Kyle, acting as Board of Directors for the Southwest Kyle Public Improvement District #1. All present voting “Aye.” MOTION PASSED

34179 AUTHORIZE THE ENGINEERING TECHNICIAN, SLOT 1028-001 AT THE

TRANSPORTATION DEPARTMENT TO BE COMPENSATED FOR OVERTIME PAY NOT TO EXCEED $1,777 BASE SALARY THROUGH SEPTEMBER 30, 2019

Transportation Director, Jerry Borcherding spoke. This position has taken responsibility of construction manager for several on-going projects including the new Buda Elementary School. Overtime is anticipated to be 8 hours per week for a period of seven weeks. Funds are available in salary savings due to attrition, $1,777 - OT Salary, $373 – Fringe, $2,150 - Total Requested. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Engineering Technician, slot 1028-001 at the Transportation Department to be compensated for overtime pay not to exceed $2,150 base salary through September 30, 2019. All present voting “Aye.” MOTION PASSED

34180 AMEND THE TRANSPORTATION FEE SCHEDULE Transportation Director, Jerry Borcherding spoke. The proposed amendments to the Transportation Fee Schedule are as follows: Fee Increases - the proposed increases align current fees with other jurisdictions associated review costs. Increased fees become effective for all applications submitted on or after January 1, 2020. - Driveway Permit Application Fee (increases from $25 to $50) New Fees - the proposed new fees are in response to updated policies and procedures in the Transportation Department. New fees will become effective on January 1, 2020. - Paper Application Processing Fee ($30) - Utility Permit (Right-of-Way - Overhead) Application Fee ($50) - Utility Permit (Right-of-Way - Trench/Road Cut) Application Fee ($125). A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to amend the Transportation Fee Schedule. All present voting “Aye.” MOTION PASSED


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34181 ADOPT AN APPLICATION FEE SCHEDULE FOR THE OFFICE OF HAYS COUNTY FIRE MARSHAL

Scott Raven, Fire Marshall, gave a presentation of the fee schedule. The proposed application fee schedule pertains to Fire Marshal fees relating to the adoption of fire code. The proposed new fees are in alignment with other jurisdictions associated review costs. New fees will become effective on January 1, 2020. A copy of the proposed fee schedule in included in backup. A motion was made by Commissioner Jones seconded by Commissioner Smith to adopt an application fee schedule for the office of Hays County Fire Marshal. All present voting “Aye.” MOTION PASSED 34182 ACTION TO AMEND THE DEVELOPMENT SERVICES FEE SCHEDULE

Director of Development Services, Caitlyn Strickland spoke. The proposed amendments to the Development Services Fee Schedule are as follows: Fee Increases - the proposed increases align our current fees with other jurisdictions associated review costs. Increased fees become effective for all applications submitted on or after January 1, 2020. - Class A Flood Hazard Area Permit Applications (increase from $50 to $100) - Class B and Class C Flood Hazard Area Permit Applications (increase from $150 to $300) - Paper Application Processing Fee (increases from $10 to $30) - On-Site Sewage Facility Re-Inspection Fee (increases from $50 to $100) - Sprayhead Relocation Fee and Pump Tank Replacement Fee (increases resubmission fee from $50 to $100) - Food Establishment Permit Applications - Establishments from 1 to 15 employees (increases from $100 to $200) - Establishments from 16+ employees (increases from $200 to $300) - Food Establishment Re-Inspection Fee (increases from $50 to $100) - Day Care Inspection Fee (increases from $25 to $100) New Fees - the proposed new fees are in response to updated policies and procedures in the Development Services Department. New fees will become effective on January 1, 2020. - Development without a Permit (Inside Floodplain) Fee ($600) - Foster Care Inspection Fee ($25). A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to amend the Development Services Fee Schedule. All present voting “Aye.” MOTION PASSED 34183 APPROVE THE EXECUTION OF A SECOND AMENDMENT TO THE

INTERLOCAL COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND THE DRIPPING SPRINGS INDEPENDENT SCHOOL DISTRICT TO ESTABLISH ONE (1) ADDITIONAL SCHOOL RESOURCE OFFICER, EFFECTIVE ON THE FIRST DAY OF SCHOOL

No budget amendment is necessary, as the Sheriff's Office has salary savings due to attrition. This additional SRO position is included in the FY20 Recommended Budget. A motion was made by Commissioner Smith seconded by Commissioner Shell to approve the execution of a Second Amendment to the Interlocal Cooperation Agreement between Hays County and the Dripping Springs Independent School District to establish one (1) additional School Resource Officer, effective on the first day of school. All present voting “Aye.” MOTION PASSED 34184 APPROVE THE EXECUTION OF A THIRD AMENDMENT TO THE

INTERLOCAL COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND THE HAYS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT TO ESTABLISH ONE (1) ADDITIONAL SCHOOL RESOURCE OFFICER, EFFECTIVE ON THE FIRST DAY OF SCHOOL

No budget amendment is necessary, as the Sheriff's Office has salary savings due to attrition. This additional SRO position is included in the FY20 Recommended Budget. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve the execution of a Third Amendment to the Interlocal Cooperation Agreement between Hays County and the Hays Consolidated Independent School District to establish one (1) additional School Resource Officer, effective on the first day of school. All present voting “Aye.” MOTION PASSED

10:00 A.M. - BUDGET WORKSHOP REGARDING THE FY 2020 HAYS COUNTY BUDGET. POSSIBLE ACTION MAY FOLLOW The following individuals presented arguments for increasing funding for their departments:

• Mark Kennedy, General Counsel

• Sheriff Gary Cutler, Sheriff’s Office

• Chief Deputy Mike Davenport, Sheriff’s Office

• Captain Villapando, Sheriff’s Office

• Judge Tacie Zelhart, County Court at Law

• Judge Chris Johnson, County Court at Law


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• Constable David Peterson, Constables Office Precinct 1

• Chief Michael Varela, Constables Office Precinct 1

• Constable Ron Hood, Constables Office Precinct 4

• Jeff McGill, IT Director, Information Technology Department

• Constable Michael Torres, Constables Office Precinct 2

• Justin McInnis, Interim Director, Office of Emergency Services

• Tammy Crumley, Executive Director, County Wide Operations

David Crowell challenged the Commissioners to think creatively about ways to reduce the budget by the $5 million necessary to achieve the effective tax rate. Roland Saucedo argued for keeping the grants office, which was eliminated in the Judge’s budget, arguing that it’s vital to the county. Shari Miller spoke about the HR Sheriff’s Office.

34185 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE LEASE AND/OR USE OF REAL PROPERTY OWNED BY HAYS COUNTY LOCATED AT 111 E. SAN ANTONIO STREET, SAN MARCOS. POSSIBLE ACTION TO FOLLOW IN OPEN COURT

Court convened into Executive Session 2:15 p.m. and reconvened into open court at 2:21 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Judge Becerra, Chief of Staff, Alex Villalobos Assistant General Counsel, Jordan Powell, Legal Support Services Specialist, Janice Jones. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the Office of General Counsel to execute a Right of Entry Agreement with the City of San Marcos related to the County Courthouse property and request the Office of General Counsel to negotiate something more long-term in the future. All present voting “Aye.” MOTION PASSED

Clerk’s Note Agenda Item #47 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. INGALSBE/CUTLER – WAS PULLED ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION

Judge Becerra gave the update. Burn Ban will remain in effect.

Clerk’s Note Agenda Item #49 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. BECERRA – WAS PULLED Clerk’s Note Agenda Item #50 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. SHELL – WAS PULLED DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS

Judge Becerra gave the update. This week the average cost of the county was $79,000.00

ADJOURNMENT A motion was made by Commissioner Jones 2:23 p.m.







***** ***** AUGUST 19, 2019

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STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 19TH DAY OF AUGUST A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN SPECIAL MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: THE SPECIAL MEETING WAS SET UP AS A WORKSHOP FOCUSED ON THE ELECTION PROCESS, INCLUDING SELECTION OF JUDGES/ALTERNATE JUDGES, SELECTION OF VOTE CENTERS (EARLY VOTING AND ELECTION DAY), AND VOTING LOCATIONS FOR SPECIAL POPULATIONS. CALL TO ORDER

OPENING STATEMENTS JUDGE BECERRA opened the meeting, saying that it was being held to give the community an opportunity for input into the selection of vote centers. LINDA CALVERT, President, League of Women Voters, commended the court on approving the change to vote centers, but said the League of Women Voters, would like to see greater transparency and more open processes in the future, with more time for reflection on proposed decisions such as elections security. She encouraged more diversity in decision making about elections issues and better accommodation of people living in rural areas of the county. On behalf of the League of Women Voters, she advocated for a polling location at the LBJ center. JENNIFER ANDERSON, Hays County Elections Administrator, explained that there was not a rural location among the recommended sites because there was not a viable one. She talked about the challenges of selecting sites within the strict guidelines established by the Secretary of State, and emphasized that the sites are not permanent—that they are recommended for the upcoming election on constitutional amendments, but can be changed. She said there will be an opportunity before the 2020 election to select new sites to be approved by the Commissioners Court. Party chairs, she pointed out, will select the locations for the primaries. JENNIFER VETRANO, City Secretary for the City Of Kyle, offered two additional locations in Kyle that had previously been excluded from consideration: (1) Kyle City Hall and (2) Hays CISD Administration building. She said both would be available for early voting.

PUBLIC COMMENTS Lauralee Harris requested more than six vote centers in Kyle, citing the town’s rapid growth as an indication of the need. She also advocated for a location at Texas State University and one on the east side of I-35. She suggested a commercial site be considered, as well as churches. Connie Gray suggested using the clubhouse at Rolling Oaks for Pct.3. She was happy that the Texas State students are able to vote at any location. Harvey Jenkins requested that the location at the health department be used, rejecting the statement that there was inadequate parking. He said the elimination of the site worked against Blacks and Hispanics. Joseph Cascino called for a polling location at Texas State University, arguing that the lack of a location there disenfranchises everyone on campus, including conservative staff, students and others. He argued that centers are needed in general in high density areas. Zachary Price, a student from University of Texas in Austin, helps register student voters. He stated that the University of Texas has multiple voting location on campus. He said the Texas State University students and staff are being disenfranchised by not having the voting location on campus. Alex Meed said there was a critical need for a polling location on campus, and suggested there should be a second polling location on campus to relieve the long lines experienced in 2018. Ric Galvan, of Texas Rising, an advocacy group for youth voting rights, called for a polling location on campus.


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Nicholas Eastwood, of Texas Rising, an advocacy group for youth voting rights, protested the potential disenfranchisement of student voters on one of the largest college campuses in Texas, saying that many students do not have transportation to get to off-campus locations easily. Jane Hughson, Mayor of San Marcos, corrected the information given earlier that the upcoming election is only for Constitutional Amendments. She pointed out that San Marcos City Council elections are also being held in November 2019. Referring to a meeting she had attended with university personnel where alternate locations for vote centers were discussed, she said the Texas State University location was clearly better than other options. Jeannie Lewis spoke in support of the League of Women Voters position and against the disenfranchisement of students. She argued for protecting student rights to vote, alluding to the Texas Civil Right lawsuit filed during the 2018 election, saying that it should be a priority to have a Texas State University vote center. Kayta Ehresman, a student at University of Texas in Austin, spoke in support of opening an on-campus voting location at Texas State University. She compared the wait times of the Texas State students to the lesser wait time of other temporary voting locations. Larry Calvert, cited the extraordinary growth of the county, saying the proposed sites overlooked the unincorporated parts of the county, which are the most rapidly growing areas. Sherry Anderson expressed concern about voter suppression across the county, citing the short notice of the proposed vote locations. She argued for a location on the east side of I-35 and something at Texas State University. Susan Raybuck acknowledged the challenges of finding suitable locations, but argued for convenient voting locations not only for students, but for veterans, people with disabilities and people in rural locations. Roland Saucedo expressed his displeasure at the lack of transparency and the failure of the elections office to bring an important issue before the people with sufficient time for consideration. He also commented on the omission of people on the vote locations committee who represent poll workers and people who assist the elderly and people with disabilities. Sandra Tenario, who had been a member of the committee, said she believed she had appropriate experience to be on the committee, but explained that it was a difficult task to find countywide locations that would serve everyone. She said the committee looked for places in high density areas convenient to people in the community. There were other considerations such as the availability of storage. She says schools are increasingly reluctant to participate because of security concerns. Rosemary Nelson said she was mystified that Wimberley was getting the same number of vote centers as Kyle—six. She also urged the elections office to make it easy for people to vote by keeping the same locations over time. Jimmy Alan Hall urged the elections office to make it as easy as possible for people to vote and to make it possible to vote within 30 minutes. He reminded the court that Dana DeBeauvoir, Travis County Clerk and Elections Administrator, who has many years of training and experience in elections, cautioned against changing locations the first time vote centers are used. She strongly recommended keeping old locations. In keeping with that recommendation, Hall recommended having a location at the LBJ center on campus. Donna Haschke, Chair, Hays County Democratic Party, emphasized the importance of finding a location on the east side of I-35 and at Texas State University. Richard Cronshey commended the elections administrator on moving to vote centers and paper ballots. But, he urged the identification of polling places on campus, at Chapa and in Uhland. Lisa Marie Coppoletti, recommended adding Our Lady of Guadalupe Chapel. Maxfield Baker, who is running for San Marcos City Council, said it was devastating that this meeting happened before students were back on campus. He recommended a site at the LBJ student center on campus. Gary Harlow, resident of Wood Creek, encourage the Commissioners to think outside the box to solve this problem. Brandon James, of MoveOn Texas, spoke of the confirmation given, last school year, that voting locations would stay the same. As the new school is about to start students have learned the voting location has been changed. Request that the voting location be placed at LBJ student center. John Cassidy of Driftwood stressed the importance of listening to the people. Cindy Cassidy of Driftwood expressed appreciation for the move to vote centers, but requested that criteria be posted online in the future so people in the community could help find suitable locations.


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Catherine Wicker, State President of Texas College Democrats, who served on the Texas State University voting committee expressed concern that there were not enough polling places where students could vote. She said there is a perfect room available on campus and that the university will make parking available. Ethen Pena, a student at Texas State University and member of MoveOn Texas, likened the local elections process to conditions in countries with failing democracies, saying there should be easy access to voting for students. Emma Mayers, a member of MoveOn Texas, said she had waited in line 3 hours to vote at Texas State University in 2018. She would like to keep the polling location at LBJ student center. Daphne Tenorio, of the Kyle City Council, urged that a site be found on the east side of Kyle. She said she had been fielding constant phone calls since the list was posted and said the city of Kyle should be involved in the selection process and should represent the people, working to ensure that every person has a reasonable opportunity to vote. David Crowell objected to the lack of transparency in the selection of voting machines and vote center locations, saying there had been inadequate opportunities and time for public engagement. He claimed Hays is the first county in Texas to choose the Hart machines, that more than 65 counties have chosen the ES&S equipment. Alex Bimel, member of MoveOn Texas, argued for a vote center at the LBJ center on Texas State University campus, pointing out that if citizens don’t vote at 18, they do not develop the habit of voting. Hanlon Skillman, resident of Wimberley, said 1300 new voters had been registered at Texas State University in October and November of 2018, and pointed out that the university is comparable to a town of 40,000 people. He argued for two centers at Texas State University, one at the LBJ student center. Gloria Salazar pointed out that Texas State University isn’t just students—that it is also one of the largest employers in the area and that staff and faculty will vote there, as well as students. She also advocated for a center on the east side of the county and at the WIC center. Sam Brannon noted that the move to vote centers violates the Republic Party of Texas platform. He commented about the lack of follow through from the Elections Office on the input of citizen committees, and to respond to his requests for documents submitted under Public Information Act. Ana Juarez, Ph.D., a member of the committee on voting at Texas State University, agreed with an earlier speaker that potential voters on campus include faculty and staff, as well as students. She called attention to a standing committee on voting that would be meeting August 30. She said the area around the Saddlebrook Trailer Homes is one of the most diverse and marginalized areas in the county and needs a voting center nearby to accommodate people who do not have transportation or the ability to take time off from work. Matt Ocker recommended firing Jennifer Anderson, the Elections Administrator, and complained of widespread corruption in Hays County on the part of both Republicans and Democrats. Peter Porcher, resident of Kyle, expressed satisfaction that a site would be made available at ACC for early voting. He objected to the excuse that some locations were ruled out because of inadequate parking. Linda Calvert, President, Hays County League of Women Voters, spoke again, summing up concerns: she suggested reducing the number of sites in Wimberley, and creating more in Kyle; adding a location on the east side of I-35; establishing a site in rural areas. She asked how much more time there would be for comment on the vote center locations, and said the map and list of proposed locations would be posted on the League of Women Voters website. She also commented on the selection of the HART voting machines and said it would have been helpful to have more information for comparison of the two options. Will Webber, an alumnus of Texas State University, contrasted his experience voting on campus in the late 1970s to the 2018 election, noting the passion of today’s youth and the importance of their citizen engagement in our democracy. Kelly Stone, resident of San Marcos, called for an end to gerrymandering. Harvey Jenkins asked for better communication and earlier announcements. Esther Garcia, resident of Hays County, feels that there is a hidden agenda to disenfranchise Texas State University students. Kaitlyn Horner, a student at Texas State University and member of MoveOn Texas, commented in favor of a voting center at LBJ.


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COMMISSIONERS’ AND JUDGE’S COMMENTS Walt Smith, Commissioner, Precinct 4, expressed his viewpoint that any location selected on the Texas State University campus area should also be readily accessible to others living in the general area—e.g., those who travel via Lime Kiln Road. He said the parking limitations make the LBJ center and other locations on campus difficult for others. Although generally in support of more locations, Commissioner Smith explained that there are many challenges. During early voting, for example, vote centers must remain open a full two weeks, which makes it very difficult at some locations, such as schools and churches, which have security concerns. Lon Shell, Commissioner, Precinct 3, urged the court to begin planning soon for the 2020 elections so that there is ample time for citizen input and consideration in what he predicts will be the largest turnout in Hays County elections history. Speaking on behalf of his constituents, he said he thought Wimberley could manage with fewer vote centers, and agreed that more were needed in other areas. He suggested looking at precinct boundaries to identify potential locations that would be convenient to people in multiple precincts. He said more tenacity was needed in finding solutions for densely populated areas where no one will agree to be a vote center. One option, he suggested, would be to build a vote center. Mark Jones, Commissioner, Precinct 2, acknowledged the challenges of finding viable locations, and questioned Jennifer Anderson on some of the options such as Seton, CTMC, the fire station on Wonder World and the Rolling Oaks area. Anderson acknowledged the objections to committing to two full weeks with set up and tear down, and pointed out that Wi-Fi access is another constraint, especially in rural areas such as Rolling Oaks. Jones advocated looking for something on the east side of I-35, especially around Uhland and Niederwald, and agreed that there might be locations in Precinct 4 in the middle of San Marcos that would be convenient to Precinct 5. Debbie Ingalsbe, Commissioner, Precinct 1, said the county can and must do better. Information needs to go out sooner so people can review it and have input. She pledged to work with her colleagues to do a better job in the future. She commented that many long established Hispanics and others have financial and medical constraints that need to be considered in selecting vote center locations. She noted the need for a location on the east side of I-35 and one at Texas State University. She also suggested the fire station on Bunton Creek Road might be more readily accessible than the CISD administrative offices. She also thought a Broadway location would be good—perhaps at the warehouse, where a layer of chip seal could be put down to improve the parking lot. Commissioner Ingalsbe ended by saying there should be a permanent citizens committee to help develop processes so there are no surprises in the future. Ruben Becerra, Hays County Judge summed up some of the recommendations and offered additional suggestions:

• Keep the LBJ location; • Add another location on campus; • Revisit ISDs; and • Post information earlier, but label as “draft,” with individual sites shown as “pending,”

“confirmed,” etc. Miscellaneous Comments Made in Response to Commissioners’ Statements

• In response to talk about the number of poll workers needed, the complications of finding suitable locations, etc., members of the audience pledged to help and recommended announcing a call for volunteers.

• In response to the proposed Strahan Arena site, Katherine Wicker, who had been on the campus elections committee, said the site was deemed inappropriate because of safety issues and walking distance for most students.

• A student who has worked at polls in the past suggested possible curb-side information to cater to the disabled voters, possibly appealing to high school and college students to work at the polls.


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ADJOURNMENT A motion was made by Judge Becerra to adjourn court at 8:49 p.m.







***** ***** AUGUST 20, 2019

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 20TH DAY OF AUGUST A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Commissioner Jones gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon, resident of San Marcos, spoke about the purchase of HART election machines instead of ES&S. Rodrigo Amaya, resident of San Marcos, commented on expenses of the General Counsel’s office. Lisa Marie Coppoletta, spoke in favor of keeping voting boxes at Blanco Gardens. Harvey Jenkins, resident of San Marcos, expressed his concerns about discord at the Special Meeting held on 08/19/2019. Cindy Jackson called for reliable access to voting. Nan Booth Simpson spoke in support of voting equipment and also in support of having more voting locations. Jesse Sanchez spoke in support of having a second voting location at the LBJ Center on the Texas State University Campus. Sara Lee Underwood Myers spoke of her dissatisfaction with the elections process in Hays County. Ralph Guerrero spoke of the additional needs of support staff in the District Attorney’s Office. Lacey Waller expressed concern about the planning process for voting centers. Linda Calvert commended the court on holding the Special Meeting the previous night and read a list of the parties in favor. Whitney Hicks spoke of the additional needs of the District Attorney’s Office. Aimee Corbin spoke of the need for additional funds and resources for Child Protective Services and also additional attorneys and paralegals for the District Attorney’s Office. Angie Roberts spoke of the need for additional attorneys and paralegals in the District Attorney’s Office. Roland Saucedo, resident of San Marcos, thanked the court for the workshop the previous evening and spoke in favor of having a voting center in the Blanco Gardens area. Kelly Stone described the Special Meeting of the previous evening as a “wonderful display of democracy” and strongly recommended voting centers at Texas State University. Catherine Wicker talked about the stress for first time voters at a new polling site, and recommended keeping the locations as accessible as possible.

1. UPDATE BY CHARLIE CAMPISE ON THE AUGUST 6, 2019 HILL COUNTRY

MENTAL HEALTH DEVELOPMENT DISABILITIES BOARD MEETING Charlie Campise, Hays County representative on the Hill Country Mental Health Developmental Disabilities Board, seeks two new members to join the board. Mr. Campise gave an update on the mental health developmental disabilities meeting held on June 4, 2019. Commissioner Smith commented on the importance of Mental Health.

34186 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Jones seconded by Commissioner Shell to approve payments of County invoices in the amount of $ 5,372,604.59, as submitted by the County Auditor’s Office. All present voting “Aye.” MOTION PASSED


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Clerk’s Note Agenda Item #3 RE: APPROVE PAYMENTS OF JUROR CHECKS. – WAS PULLED 34187 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the payment of United Healthcare claims in the amount of $26,781.97, as submitted by the County Auditor’s Office. All present voting “Aye.” MOTION PASSED

34188 APPROVE COMMISSIONERS COURT MINUTES OF AUGUST 6, 2019 AND

AUGUST 13, 2019 A motion was made by Commissioner Jones seconded by Commissioner Shell to approve Commissioners Court Minutes of August 6, 2019 and August 13, 2019, as presented by the County Clerk. All present voting “Aye.” MOTION PASSED

34189 APPROVE OUT-OF-STATE TRAVEL FOR DEPUTY BLAINE HAMILTON TO

ATTEND THE "PREVENTION OF AND RESPONSE TO SUICIDE BOMBING INCIDENTS - RESIDENTIAL COURSE", SECTION "A" IN SOCORRO, NEW MEXICO FOR SEPTEMBER 23RD - SEPTEMBER 27TH, 2019

The IRTB course provides first responders with the knowledge and skills necessary to safely respond to terrorist incidents involving explosives. The IRTB course focuses on first responder health and safety by addressing personal protection issues that arise when responding to terror incidents involving commercial and homemade explosive. Additionally, the course includes information on the recognition of Improvised Explosive Devices (IEDs); terrorist organizations, both foreign and domestic; and lessons learned from past terrorist incidents. This information better prepares first responders to safely recognize and respond to terrorist bombing threats. Out of state travel is requested for Deputy Blaine Hamilton, who has been accepted by New Mexico Tech, to attend the "Prevention of and Response to Suicide Bombing Incidents" - Residential Course, Section "A" in Socorro, NM. Funding (Training, Airfare, Hotel Accommodations, and Per-Diem) is provided by the U.S. Department of Home Land Security (DHS/Federal Emergency Management Agency (FEMA)). A motion was made by Commissioner Jones seconded by Commissioner Shell, to approve out-of-state travel for Deputy Blaine Hamilton to attend the "Prevention of and Response to Suicide Bombing Incidents - Residential Course", Section "A" in Socorro, New Mexico for September 23rd - September 27th, 2019. All present voting “Aye.” MOTION PASSED

Clerk’s Note Agenda Item #7 RE: AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO PURCHASE AND INSTALL AN S & G VAULT LOCKING SYSTEM IN THE SAFE ROOM OF THE JUDGE'S OFFICE LOCATED AT THE HISTORICAL COURTHOUSE AND AMEND THE BUDGET ACCORDINGLY. – BECERRA/T.CRUMLEY - WAS PULLED 34190 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR WEDDING VENUE

AT 1000 HEIDENREICH LANE, KYLE, TX Raymond Perez is proposing an On-Site Sewage System to serve their 1800 sq. ft. wedding venue. The system is designed to accommodate up to 100 customers. This 6.1-acre tract of land will be served by public water supply. The system designer, Jim Conner, R.S., has designed a standard treatment system. After treatment, the effluent will be dispersed via low pressure dosing for a maximum daily rate of 400 gallons. A motion was made


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by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for Wedding Venue at 1000 Heidenreich Lane, Kyle, TX. All present voting “Aye.” MOTION PASSED

34191 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER #4 TO

THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DOUCET & ASSOCIATES RELATED TO DESIGN OF IMPROVEMENTS TO OLD SAN ANTONIO ROAD IN PRECINCT 2

Several unanticipated existing utility miss-alignments has caused Doucet to exhaust contract funds for Construction Phase consulting. Approval of this change order will allow the firm to continue to provide services related to varied construction activities. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute change order #4 to the Professional Services Agreement (PSA) with Doucet & Associates related to design of improvements to Old San Antonio Road in Precinct 2. All present voting “Aye.” MOTION PASSED

34192 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR RETAIL BUILDING

# 3 IN THE 123 BUSINESS PARK SUBDIVISION AT 16910 SH 123, SAN MARCOS, TX

JL SH123, LLC-Mark Smith is proposing an On-Site Sewage Facility to serve an office/warehouse building. The 123 Business Park Subdivision is a 8.201 acre business park that is located partially in Hays and partially in Guadalupe County, the development is served by public water supply. The system designer, Steve Wenzel, RS, PE, has designed a standard treatment system. After treatment, the effluent will be dispersed via low pressure dosing for a maximum daily rate of 112 gallons. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for Retail Building # 3 in the 123 Business Park Subdivision at 16910 SH 123, San Marcos, TX. All present voting “Aye.” MOTION PASSED



JL SH123, LLC-Mark Smith is proposing an On-Site Sewage Facility to serve an office/retail building. The 123 Business Park Subdivision is a 8.201 acre business park that is located partially in Hays and partially in Guadalupe County, the development is served by public water supply. The system designer, Steve Wenzel, RS, PE, has designed a standard treatment system. After treatment, the effluent will be dispersed via low pressure dosing for a maximum daily rate of 127 gallons. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for Retail Building # 5 in the 123 Business Park Subdivision at 16910 SH 123, San Marcos, TX. All present voting “Aye.” MOTION PASSED

34194 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR RETAIL BUILDING # 6 IN THE 123 BUSINESS PARK SUBDIVISION AT 16910 SH 123, SAN MARCOS, TX

JL SH123, LLC-Mark Smith is proposing an On-Site Sewage Facility to serve an office/retail building. The 123 Business Park Subdivision is a 8.201 acre business park that is located partially in Hays and partially in Guadalupe County, the development is served by public water supply. The system designer, Steve Wenzel, RS, PE, has designed a standard treatment system. After treatment, the effluent will be dispersed via low pressure dosing for a maximum daily rate of 70 gallons. A motion was made by Commissioner Jones seconded by


***** ***** AUGUST 20, 2019

Commissioner Shell to authorize On-Site Sewage Facility Permit for Retail Building # 6 in the 123 Business Park Subdivision at 16910 SH 123, San Marcos, TX. All present voting “Aye.” MOTION PASSED










34198 AMEND VARIOUS DEPARTMENTAL OPERATING, SPECIAL REVENUE AND

CAPITAL PROJECT BUDGETS IN PREPARATION FOR FISCAL YEAR 2019 THIRD QUARTER FINANCIAL REPORTING

The attached budget amendment is needed to spread annual merit pool funds as needed, address additional fuel needs for departments, for accurate general ledger coding and address bond expenditures per updated cash flows. Attachment: Budget Amendment Form. A motion was made by Commissioner Jones seconded


***** ***** AUGUST 20, 2019

by Commissioner Shell to amend various departmental operating, special revenue and capital project budgets in preparation for Fiscal Year 2019 third quarter financial reporting. All present voting “Aye.” MOTION PASSED

34199 AUTHORIZE THE COUNTY WIDE OPERATIONS, GRANTS DIVISION TO

PURCHASE FERAL HOG TRAPPING KITS FROM KING FEED AS A REQUIREMENT PER THE FERAL HOG ABATEMENT GRANT PROGRAM; AND ALLOW AN EXEMPTION FROM THE COUNTY PURCHASING POLICY

Under the County Feral Hog Abatement Grant, the County is required to provide up to $4,000 worth of trapping supplies to program participants. The County must partner with a local retailer on the purchasing of these supplies. King Feed has submitted a proposal for Feral Hog Trapping Kits which includes a single door hog trap, seven (7) 6' T-posts, and four (4) 5'X20' hog panels. These kits cannot be purchased at any other retailer local to our area. Exemption from the county purchasing policy is requested. Attachment: King Feed Proposal. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Wide Operations, Grants Division to purchase Feral Hog Trapping Kits from King Feed as a requirement per the Feral Hog Abatement Grant program; and allow an exemption from the county purchasing policy. All present voting “Aye.” MOTION PASSED

34200 RATIFY THE PURCHASE AND INSTALLATION OF A NEW HVAC UNIT

THAT REPLACED A FAILED HVAC UNIT LOCATED IN THE OFFICE OF EMERGENCY SERVICES AND AMEND THE BUDGET ACCORDINGLY

The Building Maintenance department had a failed HVAC unit replaced with a new Trane Condensing Unit located in the Yarrington Road building. Funding is available in the Building Maintenance and Repair budget for this replacement equipment. * SI Mechanical Quote Attached Budget Amendment: Decrease 001-695-00.5451 Building Maintenance and Repair ($3,779) Increase 001-695-00.5719_700 Misc. Equipment Capital Outlay $3,779. A motion was made by Commissioner Jones seconded by Commissioner Shell to ratify the purchase and installation of a new HVAC unit that replaced a failed HVAC unit located in the Office of Emergency Services and amend the budget accordingly. All present voting “Aye.” MOTION PASSED

34201 APPROVE AND CONFIRM THE APPOINTMENT OF LUPE CRUZ, MICHAEL

HARTHCOCK AND ASHLEY JACKSON AS RESERVE DEPUTY CONSTABLES FOR HAYS COUNTY CONSTABLE PRECINCT 3 OFFICE

Pursuant to Local Government Code Chapter 86, Subchapter B 86.011 (a) The Commissioner's Court shall approve and confirm the appointment of a Deputy Constable. Sec. 86.011. APPOINTMENT OF DEPUTY CONSTABLE. a) An elected constable who desires to appoint a deputy must apply in writing to the commissioner’s court of the county and show that it is necessary to appoint a deputy in order to properly handle the business of the constable's office that originates in the constable's precinct. The application must state the name of the proposed deputy. The commissioner’s court shall approve and confirm the appointment of the deputy only if the commissioner’s court determines that the constable needs a deputy to handle the business originating in the precinct. (b) Each deputy constable must qualify in the manner provided for deputy sheriffs. (c) The constable is responsible for the official acts of each deputy of the constable. The constable may require a deputy to post a bond or security. A constable may exercise any remedy against a deputy or the deputy's surety that a person may exercise against the constable or the constable's surety. (d) A person commits an offense if the person: (1) serves as a deputy constable and the person has not been appointed as provided by Subsection (a); or (2) is a constable and issues a deputyship without the consent and approval of the commissioner’s court. (e) An offense under Subsection (d) is punishable by a fine of not less than $50 or more than $1,000. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve and confirm the


***** ***** AUGUST 20, 2019

appointment of Lupe Cruz, Michael Harthcock and Ashley Jackson as Reserve Deputy Constables for Hays County Constable Precinct 3 Office. All present voting “Aye.” MOTION PASSED

34202 APPROVE THE CANCELLATION OF HAYS COUNTY COMMISSIONERS

COURT ON OCTOBER 8, DECEMBER 3, DECEMBER 24, AND DECEMBER 31, 2019

Court dates have been presented for cancelation due to the County Judges and Commissioners of Texas Conference and conflict of fall and winter holidays. A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the cancellation of Hays County Commissioners Court on October 8, December 3, December 24, and December 31, 2019. All present voting “Aye.” MOTION PASSED

34203 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE U.S.

DEPARTMENT OF JUSTICE, EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) TO PURCHASE BULLETPROOF VESTS FOR COUNTY LAW ENFORCEMENT OFFICERS

The grant application is for assistance in the purchase of bulletproof vests for County law enforcement officers. The grant program provides a reimbursement for 50% of the cost of each vest and the County must pay the remainder of the cost. The application includes needs for both new officers and the replacement of existing bulletproof vests. Vests are replaced based on a five-year usable protective wear cycle. The amount directly allocated to Hays County is $11,513. Submission of the application is done electronically and is due on August 23, 2019.A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the submission of a grant application to the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) to purchase bulletproof vests for county law enforcement officers. All present voting “Aye.” MOTION PASSED

34204 APPROVE THE SELECTION OF DANNENBAUM ENGINEERING TO

PROVIDE SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS, SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE POSEY ROAD CORRIDOR IMPROVEMENTS PROJECT FROM I-35 TO HUNTER ROAD (CR 109); AND TO AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT

The Posey Road Corridor Project from I-35 to Hunter Road has been identified as a high priority safety project for Precinct 3. The project will address widening, possible grade crossing at the Union Pacific Railroad tracks, and tie in to improvements under construction at I-35 and Posey Road. Funding for the project would come from the County's 2016 Road Bond Program Safety/Mobility/ (County & State System) Match funding category. Approval of Dannenbaum Engineer for schematic, environmental documentation and PS&E services would position this important safety and mobility project to move quickly to construction and allow the County to program construction funding in the County's Fiscal Year 2020 budget and seek additional construction funding through CAMPO. Dannenbaum Engineering has been pre-qualified by Hays County for the requested services. The process to initially select an engineering consultant to negotiate a scope of work and fee proposal, with subsequent action by the Hays County Commissioners Court to approve the contract integrating the negotiated scope of work and fee proposal, follows the process set forth in the Hays County Purchasing Policy and Procedures Manual, revised May 30, 2017.A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to approve the selection of Dannenbaum Engineering to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the Posey Road Corridor Improvements Project from I-35 to Hunter Road (CR 109); and to authorize staff and counsel to negotiate a contract. All present voting “Aye.” MOTION PASSED


***** ***** AUGUST 20, 2019

34205 AUTHORIZE THE EXECUTION OF A SUPPLEMENTAL NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA)/CONTRACT WITH RPS INFRASTRUCTURE, INC. FOR ADDITIONAL RFI'S, REVISIONS TO CONSTRUCTION PLANS, AND EVALUATION OF DESIGN ALTERNATIVES TO ACCOMMODATE THE BRIDGE CONSTRUCTION OF MUSTANG CREEK ON THE FM 1626 SOUTH PROJECT IN HAYS COUNTY AS PART OF THE PASS-THROUGH FINANCE PROGRAM

The original fee allocated for bid and construction phase services has been depleted due to additional reviews of RFI's, revisions to construction plans per requests from TxDOT and RS&H (County's Inspection Engineer), and evaluation of design alternatives to accommodate the bridge construction of Mustang Creek. The County needs RPS to continue to assist in addressing RFI's and plan revisions (traffic control plans, culvert, driveway) and modifications needed related to the Kahlbau dam. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the execution of a Supplemental No. 5 to the Professional Services Agreement (PSA)/contract with RPS Infrastructure, Inc. for additional RFI's, revisions to construction plans, and evaluation of design alternatives to accommodate the bridge construction of Mustang Creek on the FM 1626 South project in Hays County as part of the Pass-Through Finance Program. All present voting “Aye.” MOTION PASSED

34206 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET AND

DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $3,716,725.50 FOR DRIFTWOOD GOLF AND RANCH CLUB, PHASE ONE (BOND # 7000000156)

The final plat for the Driftwood Golf and Ranch Club, Phase One subdivision has been reviewed under the interlocal cooperation agreement with the City of Dripping Springs and has been approved by County staff. While the plat has been approved administratively, formal acceptance of fiscal surety is required by Commissioners Court action. A motion was made by Commissioner Jones seconded by Commissioner Shell to accept fiscal surety for the construction of street and drainage improvements in the amount of $3,716,725.50 for Driftwood Golf and Ranch Club, Phase One (Bond # 7000000156). All present voting “Aye.” MOTION PASSED

34207 SUB-1321; MONTGOMERY ACRES SUBDIVISION (1 LOT). DISCUSSION

AND POSSIBLE ACTION TO APPROVE PRELIMINARY PLAN Montgomery Acres is a proposed 1 lot subdivision located along Cambridge Road in Precinct 3. Water service will be provided by Individual Private Well. Wastewater service will be accomplished by Individual On-Site Sewage Facilities. A motion was made by Commissioner Smith seconded by Commissioner Jones to approve preliminary plant of SUB-1321; Montgomery Acres Subdivision (1 Lot). All present voting “Aye.” MOTION PASSED

34208 SUB-1230; MALONEY ESTATES (1 LOT). ACTION TO APPROVE THE

PRELIMINARY PLAN AND CONSIDER GRANTING A VARIANCE FROM TABLE 10-1 OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES

The Maloney Estates Subdivision is a proposed 1 lot subdivision located off Mount Sharp Road in Precinct 3. Water service will be provided by Individual Private Well. Wastewater treatment will be accomplished by Individual On-Site Sewage Facility (OSSF). The Hays County minimum lot size for a lot served by private well and conventional OSSF in the Edwards Aquifer Contributing Zone is 3 Acres. The newly created lot 1 does not meet the current minimum lot size requirements at 2.51 acres. The applicant is seeking a variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities. Justification is included in the backup. A motion was made by Commissioner Shell seconded by Commissioner Jones to approve preliminary plat of SUB


***** ***** AUGUST 20, 2019

-1230; Maloney Estates (1 Lot) and grant a variance from Table 10-1 of the Hays County Rules for On-Site Sewage Facilities. All present voting “Aye.” MOTION PASSED

34209 APPOINT JUDGES/ALTERNATE JUDGES FOR THE CONSTITUTIONAL

AMENDMENT ELECTION TO BE HELD ON NOVEMBER 5, 2019 FOR A TWO YEAR TERM

Pursuant to Chapter 32 of the Texas Election Code, the county chairs of the political parties whose candidate for governor received the highest number of votes in the county in the 2018 gubernatorial election must submit a list to the commissioners court naming the person in order of preference who are eligible for appointment as an election judge or alternate judge in each county polling precinct/vote center for approval. HB 1735 amended Chapter 32 of the code to provide a methodology for the selection of Judges for the Countywide Polling Place program as follows: An example election: Precinct 5 has: 10 county election precincts. 5 countywide polling places. In the preceding gubernatorial election… Party A won 6 election precincts. Party B won 4 election precincts. 60% of 5 polling places = 3 presiding judges will be affiliated with Party A. 40% of 5 polling places = 2 presiding judges will be affiliated with Party B. A list with the recommendations for appointees for the next (2) years from each party chair will be held in back up. A motion was made by Commissioner Smith, seconded by Commissioner Jones, to appoint Judges/Alternate Judges for the Constitutional Amendment election to be held on November 5, 2019 for a two year term. All present voted “Aye.” MOTION PASSED

34210 APPROVE ELECTION VOTE CENTER LOCATIONS FOR THE NOVEMBER 2019 CONSTITUTIONAL AMENDMENT ELECTION AND EARLY VOTING LOCATIONS

Harvey Jenkins, Linda Calvert, Samuel Trevor Newman and Esther Garcia spoke in favor of at least one vote center on the Texas State University campus, as well as centers at other locations including Chapa and east of I-35. Speaking on behalf of the League of Women Voters, Linda Chavez called for the establishment of a permanent citizen’s election committee on which the League of Women Voters would have representation. Dorothy Knight spoke in support of the position statement prepared by the League of Women Voters. Mary Skillman and Mindy Webber also spoke in support of the League of Women Voters and offered petitions with names of Hays County residents who support the League of Women Voters’ position. Hays County Commissioners Court in conjunction with approval from the Office of Secretary of State has given the Hays County Election office the green light to move ahead with the Countywide Polling Place Program for November 2019. A Polling Place Study group was formed with the following individuals serving: Alicia Ramirez - City of Buda Jennifer Vetrano - City of Kyle Jamie Case - City of San Marcos Mayor Jane Hughson - City of San Marcos Laura Calcote - City of Wimberley Andrea Cunningham - City of Dripping Springs Sheila Lamb - Dripping Springs ISD Dottie Busby - Wimberley ISD Karen Griffin - San Marcos CISD Tim Savoy - Hays CISD Sandra Tenorio - Texas Rural Communities The group met several times to discuss potential polling places throughout the county. They established criteria based on literature of prescribed criteria for vote center voting, as well as, individualized criteria for Hays County demographics and submitted lists of recommended locations. The list of Early Voting and Election Day vote center locations was finalized in Commissioners Court and will be published on the website, in newspapers and at public meetings. The final lists are provided in the back-up. In addition, the Elections Administration will send out notices to registered voters, and post notices on Election Day at the sites no longer in use. These lists will also be included in all jurisdictions’ election notices. A motion was made by Commissioner Smith, seconded by Commissioner Ingalsbe to approve the amended list of election vote center locations for the November 2019 Constitutional Amendment election. All present voted “Aye.” MOTION PASSED

34211 ACTION TO CALL AN ELECTION TO BE HELD ON NOVEMBER 5, 2019 TO

VOTE FOR 10 CONSTITUTIONAL AMENDMENTS


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A motion was made by Commissioner Smith, seconded by Commissioner Jones, to call an election to be held on November 5, 2019 to vote for 10 Constitutional Amendments. All present voted “Aye.” MOTION PASSED

Clerk’s Note Agenda Item #30 RE: DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT WITH AUTOMATED MERCHANT SYSTEMS (AMS) FOR THE COUNTY CLERK'S OFFICE. – WAS PULLED 34212 VOTE ON A PROPOSED BUDGET AND TAX RATE FOR FISCAL YEAR 2020

AND SCHEDULE PUBLIC HEARINGS Vickie Dorsett, Auditor office, reviewed the changes to the tax rate. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Judge Becerra all spoke on this item. Public hearing for the Tax Rate are set for September 3, 2019 at 10 a.m., and September 10, 2019 at 10 a.m. Public hearing for the Budget will be held September 17, 2019 at 10 a.m., that will include setting salaries, adopting a budget, levy taxes, and setting the tax rate. A motion was made by Commissioner Jones seconded by Commissioner Shell to accept the changes as presented to the proposed budget for Fiscal Year 2020. All present voting “Aye.” MOTION PASSED A motion was made by Commissioner Jones seconded by Commissioner Shell to propose a tax rate of 42.37 consisting of 26.53 from General Maintenance and Operations, 12.46 from debt, and 3.38 from Roads, Bridge Maintenance, and Operations, for Fiscal Year 2020. All present voting “Aye.” MOTION PASSED

32. 10:00 A.M. - BUDGET WORKSHOP REGARDING THE FY 2020 HAYS

COUNTY BUDGET. POSSIBLE ACTION MAY FOLLOW ACTION Jeff Thompson, Steven C. Jackobs, Krizia Arreola Rosas, Jake Akers and Eva Rios-Lleverino all spoke in support of funding the Corridor Alliance Interfaith Alliance for Families, Capital IDEA Program.

Representatives of Hays County departments and local organizations presented requests to the Commissioners Court for Funding, as follows. Alliance for Families: Capital IDEA Program District Court: Bailiff Salary Increases Greater San Marcos Partnership: Annual Membership Contribution Transportation: New Positions and Re-grades

33. RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Judge Becerra gave the update. Burn Ban will remain in effect.

34. DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO

INCLUDE CURRENT POPULATION COUNTS AND COSTS Judge Becerra gave the update. The estimated amount of cost to outsource inmates $77,447.00.


***** ***** AUGUST 20, 2019

Clerk’s Note Agenda Item #35 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. INGALSBE/CUTLER – WAS PULLED Clerk’s Note Agenda Item #36 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. BECERRA – WAS PULLED Clerk’s Note Agenda Item #37 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. SHELL – WAS PULLED ADJOURNMENT A motion was made by Commissioner Jones at 6:18 p.m.







***** ***** AUGUST 27, 2019


ON THIS THE 27TH DAY OF AUGUST A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

RUBEN BECERRA COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CÁRDENAS COUNTY CLERK


Commissioner Ingalsbe gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Harvey Jenkins, Dan Lyon, Rodrigo Amaya, all Hays County residents, made public comments. Larry

Calvert, commented on the voting workshop. Linda Calvert, President of the League of Women Voters of

Hays County, commented on the census. Mike Lee spoke about the Hays County Criminal Justice system.

1 PRESENTATION OF HAYS COUNTY SERVICE AWARDS

Kim Jeter presented the Hays County Service Awards. 5 Years of Service – Robert Fiore, Sheriff’s Office, Natalie Ramirez, Sheriff’s Office, Aaron East, Juvenile Probation, and Kayla Shaffer, Sheriff’s Office. Celebrating 10 Years of Service, Eric Vangaasbeek, Development Services, Roxie McInnis, Auditors Office, and Troy Maynes, Sheriff’s Office. Celebrating 15 Years of Service - Modesta Alcorn, Constable Pct. 4, and George Rosales, Sheriff’s Office. Celebrating 20 Years of Service - Ernest Weiss, IT Department, and Marcus Gonzales, District Court. Celebrating 30 Years of Service - Paul Reyna, Transportation Department.

34213 SWEARING-IN AND CONFIRMATION OF VANESSA WESTBROOK TO THE HAYS COUNTY HISTORICAL COMMISSION

Kate Johnson, Head of the Hays County Historical Commission, spoke about Vanessa Westbrook’s contribution to the commission. The confirmation of all members for the current Hays County Historical Commission is required in odd-numbered years thus securing a two-year commitment from each member. Vanessa Westbrook spoke about her work with the Commission. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve confirmation of Vanessa Westbrook to the Hays County Historical Commission. All present voting “Aye”. MOTION PASSED

34214 ADOPT A PROCLAMATION DECLARING SEPTEMBER 2019 AS EMERGENCY PREPAREDNESS MONTH

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to adopt a proclamation declaring September 2019 as Emergency Preparedness Month. All present voting “Aye”. MOTION PASSED

4 PRESENTATION BY RICHARD CASTANON, U.S. CENSUS BUREAU PARTNERSHIP SPECIALIST, REGARDING THE 2020 CENSUS

Richard Castanon, Partnership Specialist of the U.S. Census Bureau, gave a presentation of new and upcoming programs for Hays County. Commissioner Ingalsbe, Commissioner Smith, and Judge Becerra spoke on this item.


A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of county invoices. All present voting “Aye”. MOTION PASSED



***** ***** AUGUST 27, 2019 A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of juror checks. All present voting “Aye”. MOTION PASSED

34217 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the payment of united healthcare claims. All present voting “Aye”. MOTION PASSED

34218 APPROVE THE PAYMENT OF THE AUGUST 30, 2019 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $4,400,000.00 EFFECTIVE AUGUST 30, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED

Approve the August end of month payroll disbursements not to exceed $4,400,000.00. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of the August 30, 2019 payroll disbursements in an amount not to exceed $4,400,000.00 effective August 30, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye”. MOTION PASSED

34219 AUTHORIZE THE HISTORICAL COMMISSION TO UTILIZE DONATED

FUNDS TO PURCHASE OUTDOOR FURNITURE FOR THE KYLE DEPOT RESTORATION PROJECT AND AMEND THE BUDGET ACCORDINGLY

Rodrigo Amaya, Hays County resident, spoke on this item. The Historical Commission Director would like to purchase outdoor furniture (e.g., benches, picnic table, trash bins, etc.) to be placed out on the grounds of the Kyle Depot. These items will be available for visitors to use while visiting the Depot. Budget Amendment: ($2,780) - Decrease Contract Services 141-676-00.5448 $2,780 - Increase Misc. Equipment Operating Expense 141-676-00.5719_400. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize Historical Commission to utilize donated funds to purchase outdoor furniture for the Kyle Depot Restoration Project and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34220 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE COMPUTER EQUIPMENT AND SUPPLIES FOR THE NEW WORLD EVIDENCE PACKAGE AND AMEND THE BUDGET ACCORDINGLY

In FY18, Commissioner's Court accepted grant funding for a New World Evidence Module, and at this time, the S.O. is requesting to purchase label printers and barcode scanners. The printers and barcode scanners are recommended by the vendor and I.T. and will be used to barcode existing evidence for the integration to New World. No additional funds are needed; existing funds are identified in the Sheriff's Office Operating budget. Attachments: SHI Quote-17561630 Budget Amendment 001-618-00.5717_400 Law Enforcement Equipment Capital ($1,629) 001-618-00.5712_400 Computer Equipment Operating $1,629 001-618-00.5717_400 Law Enforcement Equipment Capital ($1,110) 001-618-00.5202 Data Processing Supplies $1,110. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the Sheriff's Office to purchase computer equipment and supplies for the New World Evidence package and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34221 AUTHORIZE THE SHERIFF'S OFFICE TO ADD A CELL PHONE

ALLOWANCE EFFECTIVE SEPTEMBER 1, 2019, TO A LAW ENFORCEMENT CORPORAL, SLOT NUMBER 0480-015

The Sheriff's Office is requesting approval of a cell phone allowance for a Law Enforcement Corporal who will conduct official business while on duty. This position must utilize a cell phone to be available to staff and supervisors to remain productive and perform tasks effectively. A budget amendment is not needed; savings are available in 001-618-00.5194 Cell Phone Allowance. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the Sheriff's Office to add a cell phone allowance effective September 1, 2019, to a Law Enforcement Corporal, slot number 0480-015. All present voting “Aye”. MOTION PASSED

34222 AUTHORIZE PAYMENT OF FOUR INVOICES FROM DB LIFE SAFETY

SERVICES, INC. FOR BACKFLOW SERVICES TOTALING $2,378.56


***** ***** AUGUST 27, 2019 WHERE NO PURCHASE ORDER WAS IN PLACE AS PER THE COUNTY POLICY AND AMEND THE BUDGET ACCORDINGLY

At this time, the Jail's Maintenance Department is requesting approval of payment to DB Life Safety Services, Inc., totaling $2,378.56 for inspection services. At the time of inspection, the back flow preventers did not pass, and repairs were necessary to enable these units to comply with mandatory city water codes. At the time of service, purchase orders were not requested due to service fees being less than $500.00. When inspections did not pass, we were obligated to make the necessary repairs. Due to the time factor, no additional quotes were requested before the inspections or repairs. Attachments: DB Life Safety Services, Inc. Invoice #2470 DB Life Safety Services, Inc. Invoice #2471 DB Life Safety Services, Inc. Invoice #2475 DB Life Safety Services, Inc. Invoice #2476. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize payment of four invoices from DB Life Safety Services, Inc. for backflow services totaling $2,378.56 where no purchase order was in place as per the County Policy and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34223 APPROVE UTILITY PERMITS Permit #1156, Permit #1157 and Permit 1158: Road Name: Mathias Lane, Windy Hill Road, Posey Road, Utility Company: Platinum Underground, LLC, Platinum Underground, LLC, Grande Communications. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve Utility Permits #1156 located on Mathais Lane issued to Platinum Underground LLC, Permit #1157 located on Windy Hill Road issued to Platinum Underground LLC and Permit #1158 located on Posey Road issued to Grande Communications as submitted by the Transportation Director. All present voting “Aye”. MOTION PASSED

34224 APPROVE RENEWAL OF IFB 2017-B02 COUNTYWIDE DUMPSTERS

WITH TEXAS DISPOSAL SYSTEMS FOR ONE ADDITIONAL YEAR The current contract for countywide dumpster service is scheduled to expire on September 30th. This renewal is for one additional year with no increases. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve renewal of IFB 2017-B02 Countywide Dumpsters with Texas Disposal Systems for one additional year. All present voting “Aye”. MOTION PASSED

34225 APPROVE EXTENSION OF IFB 2015-B10 WITH ERGON ASPHALT &

EMULSIONS, INC. FOR A PERIOD NOT TO EXCEED 60 DAYS The annual contract for Emulsion Oils is scheduled to expire on August 31st. The Transportation Department has requested that this contract be extended for a period not to exceed 60 days while a new contract is secured. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve extension of IFB 2015-B10 with Ergon Asphalt & Emulsions, Inc. for a period not to exceed 60 days. All present voting “Aye”. MOTION PASSED


MULTIRAE LITE GAS MONITORS FROM FARRWEST FOR THE HAZMAT TEAM AND AMEND THE BUDGET ACCORDINGLY

The multi-gas monitors are needed for the Hays County regional support CBRN HazMat Truck in order to provide the capability of identifying the presence of hazardous gasses during HazMat operations. The HazMat Truck does not currently have this capability. Savings within the OES operating budget have been identified for this request. Budget Amendment: Increase Mis Equipment_Ops .5719_400 Decrease Contract Services .5448. A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize the Office of Emergency Services to purchase MultiRae Lite Gas monitors from FARRWEST for the HazMat Team and amend the budget accordingly. All present voting “Aye”. MOTION PASSED

34227 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 4 MOBILE

HOMES LOCATED AT 671 COTTON GIN ROAD, KYLE, TEXAS 78640 Baldemar Espinosa is proposing an On-Site Sewage Facility for 4 mobile homes located at 671 Cotton Gin

Road in Kyle. This 10.01-acre property will be served by a public water supply. The system designer, Stan

Burrier, P.E., has designed a standard treatment system. After treatment, the effluent will be disposed via

low-pressure pipe for a maximum daily rate of 720 gallons. A motion was made by Commissioner Jones


***** ***** AUGUST 27, 2019 seconded by Commissioner Shell to authorize On-Site Sewage Facility permit for 4 mobile homes

located at 671 Cotton Gin Road, Kyle, Texas 78640. All present voting “Aye”. MOTION PASSED

34228 AMEND THE CJD VETERAN'S COURT GRANT BUDGET FOR

ADDITIONAL CONTINUING EDUCATION EXPENSES RELATED TO VETERANS TREATMENT COURT, NATIONAL ASSOCIATION OF DRUG COURT PROFESSIONALS (NADCP) ALL RISE 19 CONFERENCE

On May 7, 2019 Commissioner's Court approved travel for five members of the Hays County Veterans Court team to attend the National Association of Drug Court Professionals (NADCP) All Rise 19 Conference in National Harbor, MD July 14-17, 2019. Additional funding is needed to finalize all per diem reimbursements, rental car expense and parking charges. Office of the Governor grant funds will be utilized for all expenses, no county funds are required. Budget Amendment: Increase Continuing Education .5551- $2,833 Decrease Insurance Benefits .5160_400 - ($2,833). A motion was made by Commissioner Jones seconded by Commissioner Shell to amend the CJD Veteran's Court grant budget for additional continuing education expenses related to Veterans Treatment Court, National Association of Drug Court Professionals (NADCP) All Rise 19 Conference. All present voting “Aye”. MOTION PASSED

34229 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO REPAIR

THE HAYS COUNTY CERT TRAILER AND AMEND THE BUDGET ACCORDINGLY

The CERT Trailer has floor rot and needs to be replaced. The cabinets will need to be removed, the floor replaced and then the cabinets reinstalled. Monies need to be moved from CERT general supplies to equipment maintenance. Budget Amendment: Decrease 313.5201 General Supplies Increase 313.5411 Equipment Maintenance. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the Office of Emergency Services to repair the Hays County CERT trailer and amend the budget accordingly. All present voting “Aye”. MOTION PASSED


SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND PAPE-DAWSON ENGINEERS, INC. REGARDING SCHEMATIC DESIGN, ENVIRONMENTAL DOCUMENTATION AND PLANS, SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR IMPROVEMENTS TO CENTERPOINT ROAD NEAR BEBACK INN ROAD

This project will provide for additional roadway, drainage, and intersection design between Viewpoint and Beback Inn Road. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Pape-Dawson Engineers, Inc. regarding schematic design, environmental documentation and Plans, Specifications & Estimates (PS&E) services for improvements to Centerpoint Road near Beback Inn Road. All present voting “Aye”. MOTION PASSED

34231 APPROVE A RESOLUTION OF SUPPORT FOR AN AGREEMENT

BETWEEN HAYS COUNTY AND TXDOT REGARDING THE REPLACEMENT OF CULVERT CROSSING ON FM 2770 AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE SAID AGREEMENT. JONES/BORCHERDING

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve a Resolution of Support for an Agreement between Hays County and TXDOT regarding the replacement of culvert crossing on FM 2770 and authorize the County Judge to execute said agreement. All present voting “Aye”. MOTION PASSED

34232 CALL FOR A PUBLIC HEARING ON SEPTEMBER 10, 2019 TO

ESTABLISH A 30 MPH SPEED LIMIT ON RIVER MOUNTAIN ROAD FROM THE INTERSECTION WITH FM 3237 TO THE CATTLE GUARD AT THE ENTRANCE OF RIVER MOUNTAIN RANCH SUBDIVISION

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to call for a public hearing on September 10, 2019 to establish a 30 mph speed limit on river mountain road from the intersection with FM 3237 to the cattle guard at the entrance of river mountain ranch subdivision. All present voting “Aye”. MOTION PASSED


***** ***** AUGUST 27, 2019 34233 CALL FOR A PUBLIC HEARING ON SEPTEMBER 10, 2019 TO

ESTABLISH A "NO PARKING" ZONE ON HAYS COUNTY PROPERTY IN THE NORTH ROW OF GOFORTH ROAD ON AN "S" CURVE ACROSS FROM LEHMAN HIGH SCHOOL

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to call for a public hearing on September 10, 2019 to establish a "no parking" zone on hays county property in the north row of Goforth road on an "s" curve across from Lehman high school. All present voting “Aye”. MOTION PASSED 34234 APPROVE THE FINAL PLAT FOR MONTGOMERY ACRES SUBDIVISION

(1 LOT). SUB-1321 Caitlyn Strickland, Development Services, gave full staff recommendation and no variances. A motion was made by Commissioner Shell seconded by Commissioner Smith to approve the final plat for Montgomery acres subdivision (1 lot). All present voting “Aye”. MOTION PASSED 34235 APPROVE FINAL PLAT FOR MALONEY ESTATES (1 LOT) SUB-1230 Caitlyn Strickland, Development Services, gave full staff recommendation and no variances. A motion was made by Commissioner Shell seconded by Commissioner Smith approve final plat for Maloney estates (1 lot). SUB-1230. All present voting “Aye”. MOTION PASSED

34236 APPROVE PRELIMINARY PLAN FOR POLO BUSINESS PARK WEST (1

LOT). SUB-1213 Caitlyn Strickland, Development Services, gave full staff recommendation and no variances. A motion was made by Commissioner Smith seconded by Commissioner Shell to approve preliminary plan for Polo Business Park West (1 Lot). SUB-1213. All present voting “Aye”. MOTION PASSED 27 DISCUSSION AND POSSIBLE ACTION TO CREATE AN ALL-INCLUSIVE

COMMUNITY ELECTIONS COMMISSION TO ESTABLISH A DIVERSE COUNTY WIDE REPRESENTATION

Rodrigo Amaya made public comment. Mary Mindy Webber made public comment. Susan Rayback made public comment. Will Webber made public comment. Linda Calvert, President of the League of Women Votes of Hays County, made public comment. Alex Villalobos, County Judge Chief of Staff, Commissioner Shell, Commissioner Jones, Commissioner Ingalsbe, and Judge Becerra made suggestions about creating an elections commission. No action taken.

34237 APPROVE A RESOLUTION AND AUTHORIZE THE COUNTY JUDGE TO

EXECUTE AN INTERLOCAL AGREEMENT FOR PROVISION OF EQUIPMENT AND CONSUMABLES BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF MOTOR VEHICLES (TXDMV)

Ms. O’Kane spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve a resolution and authorize the County Judge to execute an interlocal agreement for provision of equipment and consumables between Hays County and the Texas Department of Motor Vehicles (TXDMV). All present voting “Aye”. MOTION PASSED 34238 AUTHORIZE THE SHERIFF'S OFFICE TO PROCURE A CREDIT CARD

IN AN AMOUNT NOT TO EXCEED $5,000 FROM THE COUNTY DEPOSITORY BANK

Harvey Jenkins, Hays County resident, spoke on this item. Captain Villapando spoke about the use of the credit card. Commissioner Inglasbe, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the Sheriff's Office to procure a credit card in an amount not to exceed $5,000 from the County depository bank. Becerra/Cutler. All present voting “Aye”. MOTION PASSED


***** ***** AUGUST 27, 2019 34239 EXECUTE A CONTRACT WITH THE COMMUNITY SUPERVISION AND

CORRECTIONS DEPARTMENT (CSCD) RELATED TO THE HAYS COUNTY PRETRIAL BOND PROGRAM

Commissioner Ingalsbe about this new position. Chief Probation Officer Michael Hart of Caldwell and Comal Counties spoke of the need for a new position. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to execute a contract with the community supervision and corrections department (CSCD) related to the Hays County Pretrial bond program. All present voting “Aye”. MOTION PASSED

31 DISCUSSION RELATED TO EMERGENCY MANAGEMENT, THE OFFICE

OF EMERGENCY SERVICES, THE CO-LOCATED 911/PSAP, THE PUBLIC SAFETY BUILDING, AND THEIR INVOLVEMENT WITH OTHER ENTITIES WITHIN HAYS COUNTY, INCLUDING BUT NOT LIMITED TO EMERGENCY SERVICES DISTRICTS AND MUNICIPALITIES. POSSIBLE ACTION MAY FOLLOW

Alex Villalobos, County Judge Chief of Staff, Shari Miller, HR Director, Mark Kennedy, General Counsel, Justin McInnis, Interim Director of Emergency Services, Fire Chief spoke on this item. Commissioner Ingalsbe, Commissioner Shell, Commissioner Smith, and Judge Becerra discussed the Emergency Management involvement with other entities, and the job description of the Emergency Service Director. No action taken. 32 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT SHAMROCK. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session 2:15 p.m. and reconvened into open court at 2:21 p.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Judge Becerra, Chief of Staff, Alex Villalobos Assistant General Counsel, Jordan Powell, Legal Support Services Specialist, Janice Jones. No action taken.

33 DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN

AND/OR DISASTER DECLARATION Becerra relayed the Fire Marshall’s report to recommend the Burn Ban will remain in effect.

34 DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION,

TO INCLUDE CURRENT POPULATION COUNTS AND COSTS Judge Becerra read a report from the Sheriff’s office on the number of inmates who were outsourced and associated costs.

Clerk’s Note Agenda Item #35 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. INGALSBE/CUTLER. – WAS PULLED Clerk’s Note Agenda Item #36 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. BECERRA – WAS PULLED Clerk’s Note Agenda Item #37 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. SHELL – WAS PULLED


***** ***** AUGUST 27, 2019 ADJOURNMENT A motion was made by Commissioner Jones seconded by Commissioner Smith at 12:13 p.m.

I, ELAINE H. CÁRDENAS, COUNTY CLERK and EXOFFICIO CLERK OF THE

COMMISSIONERS’ COURT, do hereby certify that the foregoing contains a true and

accurate record of the proceedings had by the Hays County Commissioners’ Court on

August 27, 2019.

ELAINE H. CÁRDENAS, COUNTY CLERK ANEXOFFICIO



***** ***** SEPTEMBER 3, 2019

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 3rd DAY OF SEPTEMBER A.D., 2019, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Chaplin Melendez gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Roland Saucedo, Dan Lyon, both Hays County residents, made public comments. Sharri Boyett, Hays County Animal Advocates, made public comments. Linda Covert, League of Women Voters of Hays County, spoke. Anita Collins, County Judge’s Office, spoke. 34240 PROCLAMATION DECLARING THE MONTH OF SEPTEMBER 2019

HUNGER ACTION MONTH IN HAYS COUNTY Commissioner Jones spoke about supporting the Food Bank. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe a Proclamation declaring the month of September 2019 Hunger Action Month in Hays County. All present voting “Aye.” MOTION PASSED

34241 PRESENTATION BY LEE MCCORMICK REGARDING THE LONE STAR

PACE AUTHORITY’S ANNUAL REPORT Lee McCormick, Lone Star Pace Authority, gave presentation of annual update. A motion was made by Commissioner seconded by Commissioner. All present voting “Aye.” MOTION PASSED

34242 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve payments of County invoices. All present voting “Aye.” MOTION PASSED

34243 APPROVE PAYMENTS OF JUROR CHECKS A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve payments of Juror checks. All present voting “Aye.” MOTION PASSED

34244 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve the payment of United Healthcare claims. All present voting “Aye.” MOTION PASSED

34245 Clerk’s Note Agenda Item #6 RE: APPROVE COMMISSIONERS COURT MINUTES OF

AUGUST 13, 2019. BECERRA/CARDENAS – WAS PULLED A motion was made by Commissioner Smith seconded by Commissioner Jones to pull agenda item #6 for further consideration next week. All present voting “Aye.” MOTION PASSED


MATERIALS - HOT MIX AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE


***** ***** SEPTEMBER 3, 2019

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe approve specifications for IFB 2019-B03 Road Building Materials - Hot Mix and authorize Purchasing to solicit for bids and advertise. All present voting “Aye.” MOTION PASSED


MATERIALS - COLD MIX AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve specifications for IFB 2019-B04 Road Building Materials - Cold Mix and authorize Purchasing to solicit for bids and advertise. All present voting “Aye.” MOTION PASSED

34248 APPROVE THE REJECTION OF ALL BIDS PURSUANT TO IFB 2019-B05

EMULSION OILS AND APPROVE THE REISSUANCE AS IFB 2019-B08 Commissioner Ingalsbe spoke on this item. Jerry Borcherding, Director of Transportation department, spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the rejection of all bids pursuant to IFB 2019-B05 Emulsion Oils and approve the reissuance as IFB 2019-B08. All present voting “Aye.” MOTION PASSED

34249 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR NEW ASSEMBLY

HALL FOR STUDENTS AT 14101 CANONADE, AUSTIN, TEXAS 78737 A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for new assembly hall for students at 14101 Canonade, Austin, Texas 78737. All present voting “Aye.” MOTION PASSED

34250 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE LAW ENFORCEMENT

EQUIPMENT UTILIZING SHERIFF DRUG FORFEITURE FUNDS AND AMEND THE BUDGET ACCORDINGLY

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the Sheriff's Office to purchase law enforcement equipment utilizing Sheriff Drug Forfeiture Funds and amend the budget accordingly. All present voting “Aye.” MOTION PASSED

34251 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A ONE-TIME WAIVER TO

TERMS WITHIN AGREEMENT REGARDING COST ALLOCATION AND REIMBURSEMENT FOR DRIPPING SPRINGS TAX INCREMENT REINVESTMENT ZONE NUMBER ONE AND TAX INCREMENT REINVESTMENT ZONE NUMBER TWO

A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the County Judge to execute a one-time waiver to terms within Agreement Regarding Cost Allocation and Reimbursement for Dripping Springs Tax Increment Reinvestment Zone Number One and Tax Increment Reinvestment Zone Number Two. All present voting “Aye.” MOTION PASSED

34252 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO ACCEPT

ADDITIONAL GRANT FUNDING FROM THE TEXAS JUVENILE JUSTICE DEPARTMENT (TJJD) FOR A RISK & NEEDS ASSESSMENT SOFTWARE TOOL AND AMEND THE BUDGET ACCORDINGLY

A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the Juvenile Probation Department to accept additional grant funding from the Texas Juvenile Justice Department (TJJD) for a Risk & Needs Assessment software tool and amend the budget accordingly. All present voting “Aye.” MOTION PASSED

34253 AUTHORIZE PAYMENT TO RICHARD KIDD RELATED TO DVD SUPPLIES

FOR THE HISTORICAL COMMISSION IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY


***** ***** SEPTEMBER 3, 2019

A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize payment to Richard Kidd related to DVD Supplies for the Historical Commission in which no purchase order was issued as required per County Purchasing Policy. All present voting “Aye.” MOTION PASSED

34254 AUTHORIZE THE SHERIFF'S OFFICE TO PLACE AN ORDER WITH

ENTERPRISE FLEET FOR LEASED VEHICLES APPROVED IN THE FY 2020 BUDGET

Judge Becerra and Commissioner Smith spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the Sheriff's Office to place an order with Enterprise Fleet for Leased Vehicles approved in the FY 2020 budget. All present voting “Aye.” MOTION PASSED

34255 AUTHORIZE BUILDING MAINTENANCE TO ACCEPT THE MYERS

CONCRETE CONSTRUCTION BID AND UTILIZE EXISTING FUNDS TO COMPLETE THE ELECTIONS PUBLIC ENTRANCE REMODEL PROJECT AND AMEND THE BUDGET ACCORDINGLY

Marisol Villarreal-Alonzo, Auditors Office, spoke about an Amendment that was not reflected in the Agenda. A Motion was made for the Amendment by Commissioner Ingalsbe and seconded by Commissioner Jones. All present voting “Aye.” MOTION PASSED A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize Building Maintenance to accept the Myers Concrete Construction bid and utilize existing funds to complete the Elections Public Entrance Remodel project and amend the budget accordingly. All present voting “Aye.” MOTION PASSED

34256 APPROVE THE TRANSFER OF 2008 DODGE CHARGER FROM HAYS

COUNTY LOCAL HEALTH DEPARTMENT TO HAYS COUNTY DISTRICT ATTORNEY'S OFFICE

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the transfer of 2008 Dodge Charger from Hays County Local Health Department to Hays County District Attorney's Office. All present voting “Aye.” MOTION PASSED

34257 AUTHORIZE THE HEALTH DEPARTMENT TO PURCHASE CONSUMABLE

ITEMS RELATED TO ONGOING PATIENT CARE FOR THE TUBERCULOSIS PROGRAM

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the Health Department to purchase consumable items related to ongoing patient care for the Tuberculosis program. All present voting “Aye.” MOTION PASSED

Clerk’s Note Agenda Item #19 RE: APPROVE THE RE-APPOINTMENTS OF KAREN BROWN, LISA GARZA, ERICA GALLARDO AND JOHN SANCHEZ TO THE HAYS COUNTY CHILD PROTECTIVE BOARD, 3 YEAR TERM ENDING 12/31/22. BECERRA/VILLALOBOS – WAS PULLED 34258 HIRE ALPHA PAVING INDUSTRIES, LLC TO RE-STRIPE HILLIARD ROAD

AND AMEND THE BUDGET ACCORDINGLY Commissioner Smith spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell. All present voting “Aye.” MOTION PASSED

34259 REQUEST THAT THE TEXAS DEPARTMENT OF TRANSPORTATION

(TXDOT) INITIATE THE PROCESS TO REMOVE THE FM 150 CORRIDOR STUDY PROJECT FROM FM 2770 TO I-35 FROM THE AMENDED PARTNERSHIP PROGRAM ADVANCE FUNDING AGREEMENT BETWEEN TXDOT AND HAYS COUNTY AND TO REQUEST THAT TXDOT PROVIDE COPIES OF ALL WORK PRODUCT CONDUCTED AND COMPLETED TO DATE AS PART OF THE FM 150 CORRIDOR STUDY PROJECT FROM FM 2770 TO I-35 ENVIRONMENTAL DOCUMENTATION PROCESS CURRENTLY UNDERWAY AND MANAGED BY TXDOT


***** ***** SEPTEMBER 3, 2019

Commissioner Smith, Commissioner Shell, and Mark Kennedy, General Counsel Office, spoke about this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to request that the Texas Department of Transportation (TxDOT) initiate the process to remove the FM 150 Corridor Study project from FM 2770 to I-35 from the amended Partnership Program Advance Funding Agreement between TxDOT and Hays County and to request that TxDOT provide copies of all work product conducted and completed to date as part of the FM 150 Corridor Study project from FM 2770 to I-35 environmental documentation process currently underway and managed by TxDOT. All present voting “Aye.” MOTION PASSED

34260 APPROVE THE SELECTION OF JONES CARTER ENGINEERING TO

PROVIDE SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS, SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE CENTERPOINT ROAD CORRIDOR IMPROVEMENTS PROJECT FROM I-35 TO HUNTER ROAD (CR 109); AND TO AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT

Commissioner Shell spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Smith to approve the selection of Jones Carter Engineering to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the Centerpoint Road Corridor Improvements Project from I-35 to Hunter Road (CR 109); and to authorize staff and counsel to negotiate a contract. All present voting “Aye.” MOTION PASSED

34261 APPROVE THE SELECTION OF JONES CARTER ENGINEERING TO

PROVIDE SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS, SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE MCCARTY LANE CORRIDOR IMPROVEMENTS PROJECT FROM I-35 TO HUNTER ROAD (CR 109); AND TO AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT

Commissioner Shell and Commissioner Ingalsbe spoke on this item. Motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve the selection of Jones Carter Engineering to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the McCarty Lane Corridor Improvements Project from I-35 to Hunter Road (CR 109); and to authorize staff and counsel to negotiate a contract. All present voting “Aye.” MOTION PASSED

34262 APPROVE THE FINAL PLAT FOR POLO BUSINESS PARK WEST (1 LOT)

SUB-1213 Caitlyn Strickland, and Commissioner Shell spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Jones to approve the final plat for Polo Business Park West (1 Lot). All present voting “Aye.” MOTION PASSED

34263 GRANT VARIANCES FROM THE HAYS COUNTY DEVELOPMENT

REGULATIONS FOR SUB-1288 JOHNSON PARK, LOT 2, REPLAT (2 LOTS) Commissioner Smith spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to grant variances from the Hays County Development Regulations for SUB-1288; Johnson Park, Lot 2, Replat (2 Lots). All present voting “Aye.” MOTION PASSED 34264 APPROVE PRELIMINARY PLAN SUB-1256; WRIGHTS ACRES SUBDIVISION

(2 LOTS) Caitlyn Strickland spoke on this item, gave full staff recommendation. A motion was made by Commissioner Shell seconded by Commissioner Jones to approve preliminary plan for SUB-1256; Wrights Acres Subdivision (2 Lots). 09 03 19 Order Amending the County of Hays Budget for FY Ending September 30, 2019. All present voting “Aye.” MOTION PASSED


COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND TRAVIS COUNTY FOR JAIL SERVICES RELATED TO THE HOUSING AND CARE OF HAYS COUNTY INMATES WITH ONE MODIFICATION MADE BY TRAVIS COUNTY

Mark Kennedy, General Counsel, gave details of the number of inmates and the change in the agreement. Commissioner Ingalsbe, Commissioner Shell, and Judge Becerra spoke on this item. A motion was made by


***** ***** SEPTEMBER 3, 2019

Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute an Interlocal Cooperation Agreement between Hays County and Travis County for Jail Services related to the housing and care of Hays County inmates with one modification made by Travis County. All present voting “Aye.” MOTION PASSED. All present voting “Aye.” MOTION PASSED 34266 AUTHORIZE THE DEVELOPMENT SERVICES AND TRANSPORTATION

DEPARTMENTS TO REALLOCATE OFFICE SPACE WITHIN THE HAYS COUNTY YARRINGTON BUILDING

Jerry Borcherding, Transportation Department, and Caitlyn Strickland, Development Services, spoke of needed additional space. Commissioner Jones spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Development Services and Transportation Departments to reallocate office space within the Hays County Yarrington building. All present voting “Aye.” MOTION PASSED

34267 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE SALARY SAVINGS TO

PAY DOWN VACATION ACCRUALS FOR FIVE CIVILIAN POSITIONS WITHIN THE EMERGENCY COMMUNICATIONS DIVISION

Captain Cumberland spoke on this item. Commissioner Shell, Commissioner Ingalsbe, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the Sheriff's Office to utilize salary savings to pay down vacation accruals for five civilian positions within the Emergency Communications Division. All present voting “Aye.” MOTION PASSED 34268 AUTHORIZE THE PURCHASE OF REPLACEMENT COMPUTER EQUIPMENT

FOR VARIOUS COUNTY OFFICES AND AMEND THE BUDGET ACCORDINGLY

Commissioner Ingalsbe and Judge Becerra spoke on purchasing new equipment. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones Discussion and possible action to authorize the purchase of replacement computer equipment for various county offices and amend the budget accordingly. All present voting “Aye.” MOTION PASSED

34269 APPROVE THE 2020 SHERIFF & CONSTABLE FEES A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the 2020 Sheriff & Constable Fees. All present voting “Aye.” MOTION PASSED Mark Kennedy, General Counsel, commented on the $10,000 limit and the next level up to be changed to $10,000.01. Commissioner Ingalsbe, and Commissioner Shell spoke on this item. An Amended motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to and approve the 2020 Sheriff & Constable Fees. All present voting “Aye.” MOTION PASSED

34270 WAIVE THE HAYS COUNTY PAPER PROCESSING FEE FOR SUBDIVISION

SUBMITTALS FROM SEPTEMBER 3RD TO OCTOBER 31ST Caitlyn Strickland, Development Services, spoke on fee removal for submitting hard copy. Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to waive the Hays County paper processing fee for Subdivision submittals from September 3rd to October 31st. All present voting “Aye.” MOTION PASSED 34271 CREATE AN ALL-INCLUSIVE CITIZENS' ELECTION COMMISSION TO

ESTABLISH A DIVERSE COUNTY WIDE REPRESENTATION Linda Calvert, League of Women Voters gave a public comment on this item. Alex Villalobos, County Judge Chief of Staff, spoke on this item. Commissioner Smith, Commissioner Ingalsbe, Commissioner Jones, and Judge Becerra spoke on this item. A motion was made by Judge Becerra seconded by Commissioner Shell to create an all-inclusive Citizens' Election Commission to establish a diverse county wide representation. All present voting “Aye.” MOTION PASSED

34272 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT BETWEEN

HAYS COUNTY AND VISIONALITY FOR AUDIOVISUAL IMPROVEMENTS IN THE COMMISSIONERS COURTROOM


***** ***** SEPTEMBER 3, 2019

Elaine Cárdenas, County Clerk, and Jeff McGill, IT Director, spoke about the improvements of Visionality and the installation for mid-November. Mark Kennedy, General Counsel commented on an edit in the contract to meet state law. Commissioner Ingalsbe, Commissioner Jones, and Commissioner Smith spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute a contract between Hays County and Visionality for audiovisual improvements in the Commissioners Courtroom. All present voting “Aye.” MOTION PASSED

34273 EXECUTE AN AMENDMENT TO THE TYLER TECHNOLOGIES, INC.

SOFTWARE MAINTENANCE & LICENSING AGREEMENT AND AMEND THE BUDGET ACCORDINGLY

Jeff McGill, IT Director, and Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to execute an Amendment to the Tyler Technologies, Inc. Software Maintenance & Licensing Agreement and amend the budget accordingly. All present voting “Aye.” MOTION PASSED

36 DISCUSSION AND POSSIBLE ACTION REGARDING GUIDELINES AND

PROTOCOL FOR COUNTYWIDE AND REGIONAL CONTRACTS NEGOTIATIONS

Mark Kennedy, General Counsel, Commissioner Ingalsbe, Commissioner Shell, Commissioner Jones, Commissioner Smith, and Judge Becerra spoke on this item. No action taken. 37 10:00 A.M. - HOLD A PUBLIC HEARING ON THE FY 2020 PROPOSED TAX

INCREASE Judge Becerra opened the public hearing. There was no public input. Judge Becerra closed the public hearing. Commissioner Ingalsbe, and Commissioner Shell spoke on this item. Vickie Dorsett, Auditors Office gave an update on the material for the proposed tax increase, making note for the announcement of the second Public Hearing on September 10, 2019 at 10AM. Final changes to be made September 17, 2019. 34274 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF

THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE VALUE OF RIGHT OF WAY ALONG AND INCLUDING DACY LANE IN PCT. 2. POSSIBLE ACTION TO FOLLOW IN OPEN COURT

Court convened into Executive Session 11:00 a.m. and reconvened into open court at 11:11 a.m. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to execute a purchase agreement between Hays County and Gary Levinson, related to the purchase of Parcel 56 on Dacy Lane, as presented in executive session. All present voting “Aye.” MOTION PASSED Clerk’s Note Agenda Item #39 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN

AND/OR DISASTER DECLARATION. BECERRA/J.MCINNIS - WAS PULLED

Clerk’s Note Agenda Item #40 RE: DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. BECERRA - WAS PULLED 41 DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE

PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW

Commissioner Shell, Commissioner Ingalsbe, and Judge Becerra spoke on this item. No action taken. Clerk’s Note Agenda Item #42 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. BECERRA - WAS PULLED Clerk’s Note Agenda Item #43 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. SHELL - WAS PULLED


***** ***** SEPTEMBER 3, 2019

ADJOURNMENT A motion was made by Commissioner Jones, seconded by Commissioner Smith to adjourn court at 11:18 a.m.



proceedings had by the Hays County Commissioners’ Court on September 3, 2019.




***** ***** SEPTEMBER 10, 2019 STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 10TH DAY OF SEPTEMBER A.D., 2019, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Brenda Smith gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Rodrigo Amaya and Dan Lyon, both Hays County residents, made public comments. Russell Hayter, head of the Hays County Republic Party, commented on the Elections Commission meeting held the previous week and provided a handout. 34275 APPROVE PAYMENTS OF COUNTY INVOICES

A motion was made by Commissioner Jones seconded by Commissioner Shell to approve payments of County Invoice. All present voting “Aye.” MOTION PASSED

Clerk’s Note Agenda Item #2 RE: APPROVE PAYMENTS OF JUROR CHECKS. VILLARREAL-ALONZO – WAS PULLED 34276 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the payment of United Healthcare claims. All present voting “Aye.” MOTION PASSED

34277 APPROVE THE PAYMENT OF THE SEPTEMBER 15, 2019 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,030,000.00 EFFECTIVE SEPTEMBER 13, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED


***** ***** SEPTEMBER 10, 2019 A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the payment of the September 15, 2019 payroll disbursements in an amount not to exceed $3,030,000.00 effective September 13, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voting “Aye.” MOTION PASSED

34278 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR SINGLE

FAMILY RESIDENCE AND MAINTENANCE WORKSHOP AT 317 GRAEF ROAD, KYLE, TEXAS 78640

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for Single Family Residence and Maintenance workshop at 317 Graef Road, Kyle, Texas 78640. All present voting “Aye.” MOTION PASSED

34279 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A GENERAL AND NO

LITIGATION CERTIFICATE OF HAYS COUNTY AND CERTIFICATE OF APPROVAL RELATED TO THE ISSUANCE OF BONDS BY CAPITAL AREA HOUSING FINANCE CORPORATION FOR KYLE DACY APARTMENTS, LOCATED IN KYLE, TEXAS

Commissioner Ingalsbe, Commissioner Jones, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell authorize the County Judge to execute a General and No Litigation Certificate of Hays County and Certificate of Approval related to the issuance of bonds by Capital Area Housing Finance Corporation for Kyle Dacy Apartments, located in Kyle, Texas. All present voting “Aye.” MOTION PASSED

34280 APPROVE THE APPOINTMENT OF GARY AALEN AND THE RE-

APPOINTMENTS OF LEE IKELS, JUNE HANKINS AND MARY CAUBLE TO THE HAYS COUNTY CHILD PROTECTIVE BOARD, 3 YEAR TERM ENDING 12/31/21

A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the appointment of Gary Aalen and the re-appointments of Lee Ikels, June Hankins and Mary Cauble to the Hays County Child Protective Board, 3 year term ending 12/31/21. All present voting “Aye.” MOTION PASSED

34281 AUTHORIZE THE CONSTABLE PCT. 3 OFFICE TO PURCHASE

ADDITIONAL LAW ENFORCEMENT SUPPLIES FOR OFFICER SAFETY TRAINING AND AMEND THE BUDGET ACCORDINGLY

Rodrigo Amaya, Hays County resident, and Dan Lyon, Hays County resident commented on this item. Commissioner Shell and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the Constable Pct. 3 Office to purchase additional law enforcement supplies for officer safety training and amend the budget accordingly. All present voting “Aye.” MOTION PASSED


***** ***** SEPTEMBER 10, 2019 34282 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE A

REPLACEMENT DELL OPTIPLEX 7070 COMPUTER FOR THE PCT. 3 SATELLITE OFFICE AND AMEND THE BUDGET ACCORDINGLY

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the Transportation Department to purchase a replacement Dell OptiPlex 7070 Computer for the Pct. 3 satellite office and amend the budget accordingly. All present voting “Aye.” MOTION PASSED

34283 AUTHORIZE THE EXECUTION OF AN AMENDED MEMORANDUM OF UNDERSTANDING BETWEEN THE HAYS COUNTY VETERAN'S TREATMENT COURT AND AUSTIN RECOVERY, INC. RELATED TO ADDITIONAL SERVICES FOR IN-PATIENT TREATMENT FOR SUBSTANCE ABUSE DISORDERS

Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the execution of an amended Memorandum of Understanding between the Hays County Veteran's Treatment Court and Austin Recovery, Inc. related to additional services for in-patient treatment for substance abuse disorders. All present voting “Aye.” MOTION PASSED

34284 AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADDENDUM #1 TO

THE PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND VISTA PLANNING & DESIGN RELATED TO A PROPOSAL FOR THE PRESERVATION OF CAPES DAM

Rodrigo Amaya, Hays County resident, and Kelly Stone, Hays County resident, commented on this item. Mark Kennedy, General Counsel, spoke on this item. Commissioner Ingalsbe, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute Addendum #1 to the Professional Services Agreement (PSA) between Hays County and Vista Planning & Design related to a proposal for the preservation of Capes Dam. All present voting “Aye.” MOTION PASSED 34285 AUTHORIZE COMMERCIAL ON-SITE SEWAGE FACILITY PERMIT FOR

WIMBERLEY ONE WATER SCHOOL LOCATED AT 16500 RR 12 WIMBERLEY, TX 78676 AND SITE IS 148 ACRES

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize commercial On-Site Sewage Facility permit for Wimberley One Water School located at 16500 RR 12 Wimberley, TX 78676 and site is 148 acres. All present voting “Aye.” MOTION PASSED

34286 AUTHORIZE THE COUNTY JUDGE'S OFFICE TO PURCHASE

CONSUMABLE ITEMS RELATED TO QUARTERLY EMERGENCY MANAGEMENT AND PLANNING MEETINGS


***** ***** SEPTEMBER 10, 2019 Rodrigo Amaya, Hays County resident, commented on this item. Judge Becerra, Marisol Villarreal-Alonzo, Commissioner Jones, Commissioner Shell, and Commissioner Smith spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge's Office to purchase consumable items related to quarterly Emergency Management and Planning Meetings. All present voting “Aye.” MOTION PASSED

34287 APPROVE OUT OF STATE TRAVEL FOR THE DISTRICT CLERK TO

ATTEND THE NINTH ANNUAL COURTS & JUSTICE EXECUTIVE FORUM IN SCOTTSDALE, ARIZONA ON OCTOBER 21 - 23, 2019

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve out of state travel for the District Clerk to attend the Ninth Annual Courts & Justice Executive Forum in Scottsdale, Arizona on October 21 - 23, 2019. All present voting “Aye.” MOTION PASSED

34288 AMEND THE OFFICE OF GENERAL COUNSEL OPERATING BUDGET

FOR ADDITIONAL CONTINUING EDUCATION EXPENSES RELATED TO THE TEXAS DISTRICT & COUNTY ATTORNEYS ASSOCIATION (TCDAA) CRIMINAL AND CIVIL LAW UPDATE CONFERENCE

Rodrigo Amaya, Hays County resident, commented on this item. Commissioner Ingalsbe, Commissioner Smith, and Mark Kennedy of General Counsel, spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to amend the Office of General Counsel operating budget for additional continuing education expenses related to the Texas District & County Attorneys Association (TCDAA) Criminal and Civil Law Update Conference. All present voting “Aye.” MOTION PASSED

34289 APPROVE UTILITY PERMITS A motion was made by Commissioner Jones seconded by Commissioner Smith to approve Utility Permits. All present voting “Aye.” MOTION PASSED 34290 AUTHORIZE COMMISSIONER PRECINCT 1 TO TRANSFER FUNDS TO

CONSTABLE PRECINCT 1 FOR VEHICLE MARKINGS AND AMEND THE BUDGET ACCORDINGLY

Commissioner Ingalsbe and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize Commissioner Precinct 1 to transfer funds to Constable Precinct 1 for vehicle markings and amend the budget accordingly. All present voting “Aye.” MOTION PASSED


BETWEEN HAYS COUNTY AND WSB & ASSOCIATES, INC. FOR ENVIRONMENTAL DOCUMENTATION AND DESIGN AND PREPARATION OF PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)


***** ***** SEPTEMBER 10, 2019 FOR THE US 290 AT TRAUTWEIN ROAD INTERSECTION IMPROVEMENTS, A HAYS COUNTY 2016 ROAD BOND PROJECT AND AMEND THE BUDGET ACCORDINGLY

Mike Weaver, WSB & Associates, Inc., commented on this item. Jerry Borcherding, Transportation Director, Commissioner Smith, Commissioner Jones, Commissioner Ingalsbe, and Mark Kennedy, General Counsel, spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Jones to Discuss and possible action to authorize the County Judge to execute a contract between Hays County and WSB & Associates, Inc. for environmental documentation and design and preparation of plans, specifications, and estimates (PS&E) for the US 290 at Trautwein Road Intersection Improvements, a Hays County 2016 Road Bond Project and amend the budget accordingly. All present voting “Aye.” MOTION PASSED 34292 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL NO.

1 TO A PROFESSIONAL SERVICE AGREEMENT (PSA) BETWEEN HAYS COUNTY AND KIMLEY-HORN AND ASSOCIATES, INC. TO PROVIDE SCHEMATIC DESIGN REVISIONS ON THE FM 2001 PROJECT AS PART OF THE HAYS COUNTY/TXDOT PARTNERSHIP PROGRAM

Mark Kennedy, General Counsel, spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute Supplemental No. 1 to a Professional Service Agreement (PSA) between Hays County and Kimley-Horn and Associates, Inc. to provide schematic design revisions on the FM 2001 project as part of the Hays County/TxDOT Partnership Program. All present voting “Aye.” MOTION PASSED 34293 ESTABLISH A "NO PARKING" ZONE ON HAYS COUNTY PROPERTY IN

THE NORTH ROW OF GOFORTH ROAD ON AN "S" CURVE ACROSS FROM LEHMAN HIGH SCHOOL

Judge Becerra opened the public hearing. There was no public input. Judge Becerra closed the public hearing. Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to establish a "No Parking" zone on Hays County property in the north ROW of Goforth Road on an "S" curve across from Lehman High School. All present voting “Aye.” MOTION PASSED 34294 ESTABLISH A 30 MPH SPEED LIMIT ON RIVER MOUNTAIN ROAD

FROM THE INTERSECTION WITH FM 3237 TO THE CATTLE GUARD AT THE ENTRANCE OF RIVER MOUNTAIN RANCH SUBDIVISION

Judge Becerra opened the public hearing. There was no public input. Judge Becerra closed the public hearing. A motion was made by Commissioner Shell seconded by Commissioner Jones to establish a 30 MPH speed limit on River Mountain Road from the intersection with FM 3237 to the cattle guard at the entrance of River Mountain Ranch subdivision. All present voting “Aye.” MOTION PASSED


***** ***** SEPTEMBER 10, 2019 34295 CALL FOR A PUBLIC HEARING ON SEPTEMBER 24, 2019 TO REDUCE

THE CURRENT SPEED LIMIT OF 35 MPH TO 25 MPH ON HAWTHORNE LOOP (RIM ROCK) & RUTHERFORD DRIVE (RUTHERFORD WEST)

A motion was made by Commissioner Jones seconded by Commissioner Shell to call for a public hearing on September 24, 2019 to reduce the current speed limit of 35 MPH to 25 MPH on Hawthorne Loop (Rim Rock) & Rutherford Drive (Rutherford West). All present voting “Aye.” MOTION PASSED 34296 ACCEPTANCE OF ROAD CONSTRUCTION & DRAINAGE

IMPROVEMENTS, ACCEPT THE 2-YEAR MAINTENANCE BOND #PB03016800417M IN THE AMOUNT OF $90,377.95, AND ACCEPT THE REVEGETATION BOND #PB03016800417M1 IN THE AMOUNT OF $33,500.00 FOR SUNFIELD SUBDIVISION PHASE 2, SECTION 12

A motion was made by Commissioner Jones seconded by Commissioner Shell to accept the road construction & drainage improvements, accept the 2-year maintenance bond #PB03016800417M in the amount of $90,377.95, and accept the revegetation bond #PB03016800417M1 in the amount of $33,500.00 for Sunfield subdivision Phase 2, Section 12. All present voting “Aye.” MOTION PASSED 34297 APPROVE AGREEMENT FOR A LOCAL ON-SYSTEM IMPROVEMENT

PROJECT (TEMPORARY TRAFFIC SIGNAL AT US 290 AND CR 185 (TRAUTWEIN ROAD) BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE AGREEMENT FOR A LOCAL ON-SYSTEM IMPROVEMENT PROJECT ON BEHALF OF HAYS COUNTY AND AMEND THE BUDGET ACCORDINGLY

A motion was made by Commissioner Smith seconded by Commissioner Jones to approve Agreement for a Local On-System Improvement Project (Temporary Traffic Signal at US 290 and CR 185 (Trautwein Road) between Hays County and the Texas Department of Transportation (TxDOT) and authorize the County Judge to execute Agreement for a Local On-System Improvement Project on behalf of Hays County and amend the budget accordingly. All present voting “Aye.” MOTION PASSED 34298 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AMENDMENT TO

THE CONTRACT WITH PRIME STRATEGIES, INC. TO CONTINUE PROVIDING GENERAL ENGINEERING CONSULTANT (GEC)/PROGRAM MANAGEMENT SERVICES FOR THE HAYS COUNTY 2016 ROAD BOND PROGRAM PROJECTS

Mark Kennedy, General Counsel, spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute an amendment to the contract with Prime Strategies, Inc. to continue providing General Engineering Consultant (GEC)/Program Management services for the Hays County 2016 Road Bond Program projects. All present voting “Aye.” MOTION PASSED


***** ***** SEPTEMBER 10, 2019 34299 APPROVE THE FINAL PLAT FOR WRIGHTS ACRES SUBDIVISION (2

LOTS) SUB-1256 Director of Development Services, Caitlyn Strickland spoke A motion was made by Commissioner Shell seconded by Commissioner Jones to approve the final plat for Wrights Acres Subdivision (2 Lots) SUB-1256. All present voting “Aye.” MOTION PASSED 27 HOLD A PUBLIC HEARING ON THE FY 2020 PROPOSED TAX INCREASE. -

10:00A.M. Judge Becerra opened the public hearing. There was no public input. Judge Becerra closed the public hearing. Vicki Dorsett, Auditor’s Office, spoke on this item. No was action taken.


THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT KAY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session 10:14 a.m., and reconvened into open court at 10:42 a.m. No action was taken. 29 ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Judge Becerra gave the update. Burn Ban will remain in effect.

30 DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO

INCLUDE CURRENT POPULATION COUNTS AND COSTS Judge Becerra gave an update on the cost for outsourcing inmates.

31 DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE

PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW

Commissioner Ingalsbe requested an update from Cody.

Clerk’s Note Agenda Item #32 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. BECERRA – WAS PULLED


***** ***** SEPTEMBER 10, 2019 Clerk’s Note Agenda Item #33 DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. SHELL – WAS PULLED ADJOURNMENT A motion was made by Commissioner Jones, seconded by Commissioner Shell to adjourn court at 10:45 a.m.

I, ELAINE H. CÁRDENAS, COUNTY CLERK and EXOFFICIO CLERK OF THE

COMMISSIONERS’ COURT, do hereby certify that the foregoing contains a true and

accurate record of the proceedings had by the Hays County Commissioners’ Court

on September 10, 2019.


HAYS COUNTY, TEXAS


***** ***** SEPTEMBER 17, 2019

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 17TH DAY OF SEPTEMBER A.D., 2019, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Commissioner Jones gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon, Rodrigo Amaya, and Sharri Boyett, Hays County residents, gave public comments.

34300 ADOPT A PROCLAMATION DECLARING SEPTEMBER 15 TO OCTOBER 15,

2019 AS HISPANIC HERITAGE MONTH A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to adopt a proclamation declaring September 15 to October 15, 2019 as Hispanic Heritage Month. All present voted “Aye.” MOTION PASSED

34301 ADOPT A PROCLAMATION DECLARING SEPTEMBER 16, 2019 AS DÍEZ Y

SEIS DAY IN HAYS COUNTY Roland Saucedo, a Hays County resident, thanked the Commissioners and other Hays County Staff for the Proclamation. A motion was made by Commissioner Inglasbe seconded by Commissioner Shell to adopt a proclamation declaring September 15 to October 15, 2019 as Hispanic Heritage Month. All present voted “Aye.” MOTION PASSED

3 PRESENTATION BY TEXAS STATE UNIVERSITY AND DISCUSSION

RELATED TO CENSUS 2020 AND THE COUNTY COMPLETE COUNT COMMITTEE

Alejandra Lemus, a Texas State University student, presented the court with information about the Census 2020 and the County Complete Count Committee. Efren Chavez, Grants department, Commissioner Ingalsbe, Commissioner Smith, and Judge Becerra spoke on this item. No action was taken. 34302 APPROVE PAYMENTS OF COUNTY INVOICES


***** ***** SEPTEMBER 17, 2019

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of County invoices. All present voted “Aye.” MOTION PASSED

34303 APPROVE PAYMENTS OF JUROR CHECKS A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of County invoices. All present voted “Aye.” MOTION PASSED

Clerk’s Note Agenda Item #6 RE: APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. VILLARREAL-ALONZO – WAS PULLED. 34304 APPROVE COMMISSIONERS COURT MINUTES OF AUGUST 19, 2019,

AUGUST 20, 2019, AUGUST 27, 2019, SEPTEMBER 3, 2019, SEPTEMBER 10, 2019, AND APPROVE AMENDED COMMISSIONER COURT MINUTES OF AUGUST 13, 2019


34305 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR DOG BOARDING

AND TRAINING FACILITY AT 6595 RANCH ROAD 12, SAN MARCOS, TEXAS 78666


34306 AUTHORIZE THE COMMISSIONER PRECINCT 1 OFFICE TO SUPPORT

THE RODRIGUEZ ELEMENTARY FUNDRAISER RELATED TO MEAL, CLOTHING AND SHOE DISTRIBUTION INITIATIVES FOR THE SAN MARCOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT STUDENTS

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve payments of County invoices. All present voted “Aye.” MOTION PASSED

34307 AUTHORIZE THE COUNTY JUDGE TO EXECUTE REQUEST FOR

ADDITIONAL CONSTRUCTION MATERIALS OBSERVATION AND TESTING SERVICES NO. 2 DATED MARCH 29, 2019 FOR THE UHLAND PROJECTS AND REQUEST FOR ADDITIONAL CONSTRUCTION MATERIALS OBSERVATION AND TESTING SERVICES NO. 3 DATED MARCH 19, 2019 FOR THE PSB FROM TERRACON FOR WORK RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND PROJECT

Mark Kennedy, General Counsel, noted that Court finds for exemption under Texas Local Government Code 262.024(a)(4), for professional services. An amended motion was made with the by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute Request for Additional Construction Materials Observation and Testing Services No. 2 dated March 29, 2019 for the


***** ***** SEPTEMBER 17, 2019

Uhland projects and Request for Additional Construction Materials Observation and Testing Services No. 3 dated March 19, 2019 for the PSB from Terracon for work related to the Hays County Public Safety Bond project with the exemption under Texas Local Government Code 262.024(a)(4), for professional services. All present voted “Aye.” MOTION PASSED

34308 AUTHORIZE THE PROCUREMENT OF SERVICES FOR CHIEF (RET.) BRENDAN COX, DIRECTOR OF POLICING STRATEGIES WITH THE LEAD® NATIONAL SUPPORT BUREAU RELATED TO A LEAD PRESENTATION FOR THE GENERAL CRIMINAL JUSTICE COMMISSION

Commissioner Smith and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the procurement of services for Chief (Ret.) Brendan Cox, Director of Policing Strategies with the LEAD® National Support Bureau related to a LEAD presentation for the General Criminal Justice Commission. All present voted “Aye.” MOTION PASSED


HAZMAT SENSORS AND SUPPLIES FOR THE HAZMAT TEAM AND AMEND THE BUDGET ACCORDINGLY

Rodrigo Amaya, Hays County resident, made public comments on this item. Justin McInnis, Office of Emergency Services, spoke on this item Caitlyn Strickland, Development Services, and Commissioner Ingalsbe addressed the concerns of Mr. Amaya. Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Office of Emergency Services to purchase HazMat sensors and supplies for the HazMat Team and amend the budget accordingly. All present voted “Aye.” MOTION PASSED

34310 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO USE SALARY

SAVINGS TO PURCHASE MISCELLANEOUS EQUIPMENT FOR THE MAINTENANCE AREA OF THE TRANSPORTATION DEPARTMENT AND AMEND THE BUDGET ACCORDINGLY

Dan Lyon, Hays County resident, made public comments on this item. Jerry Borcherding, Director of Transportation Department, Commissioner Shell, Commissioner Ingalsbe, and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the Transportation Department to use salary savings to purchase miscellaneous equipment for the maintenance area of the Transportation Department and amend the budget accordingly. All present voted “Aye.” MOTION PASSED

34311 APPROVE UTILITY PERMITS A motion was made by Commissioner Shell seconded by Commissioner Smith to approve Utility Permits. All present voted “Aye.” MOTION PASSED

34312 APPROVE AND CONFIRM THE APPOINTMENT OF BILL HUDDLESTON AS

DEPUTY RESERVE IN THE HAYS COUNTY CONSTABLE PRECINCT 1 OFFICE, EFFECTIVE DATE SEPTEMBER 17, 2019


***** ***** SEPTEMBER 17, 2019

A motion was made by Commissioner Shell seconded by Commissioner Smith to approve and confirm the appointment of Bill Huddleston as Deputy Reserve in the Hays County Constable Precinct 1 Office, effective date September 17, 2019. All present voted “Aye.” MOTION PASSED

34313 AUTHORIZE THE CONSTABLE PCT. 5 OFFICE TO ACCEPT A $1,000

DONATION FROM NIECE EQUIPMENT AND TO PURCHASE AN EZ CHILD ID ALL-IN-ONE MOBILE SYSTEM PARTIALLY FUNDED THROUGH DONATIONS AND AMEND THE BUDGET ACCORDINGLY

A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the Constable Pct. 5 Office to accept a $1,000 donation from Niece Equipment and to purchase an EZ Child ID All-In-One Mobile System partially funded through donations and amend the budget accordingly. All present voted “Aye.” MOTION PASSED

34314 RATIFY THE SUBMISSION OF THE COUNTY FERAL HOG ABATEMENT

GRANT SUBMISSION TO THE TEXAS A&M AGRILIFE EXTENSION SERVICES, WILDLIFE SERVICES PROGRAM

Dan Lyon, Hays County resident, made public comments on this item. Nick Nordak gave information on the program and benefits for Hays County and surrounding counties. A Hays County Extension speaker also presented application information to the court. Commissioner Jones and Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to ratify the submission of the County Feral Hog Abatement Grant submission to the Texas A&M AgriLife Extension Services, Wildlife Services Program. All present voted “Aye.” MOTION PASSED

34315 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FIRST AMENDMENT

TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND BANKS & ASSOCIATES EXECUTED ON OR ABOUT SEPTEMBER 12, 2018

A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to authorize the County Judge to execute a First Amendment to the Professional Services Agreement (PSA) between Hays County and Banks & Associates executed on or about September 12, 2018. All present voted “Aye.” MOTION PASSED

34316 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FIRST AMENDMENT

TO THE MEMORANDUM OF UNDERSTANDING BETWEEN HAYS COUNTY AND CARSON SELECT INVESTMENTS, LP EXECUTED ON OR ABOUT NOVEMBER 13, 2018

A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to authorize the County Judge to execute a First Amendment to the Memorandum of Understanding between Hays County and Carson Select Investments, LP executed on or about November 13, 2018. All present voted “Aye.” MOTION PASSED

34317 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION AND LETTER

OF SUPPORT TO THE HOGG FOUNDATION FOR "GET OUT THE COUNT"


***** ***** SEPTEMBER 17, 2019

EFFORTS IN RELATION TO THE U.S. CENSUS BUREAU'S APPROACH TO HARD-TO-COUNT (HTC) POPULATIONS

A motion was made by Commissioner Smtih seconded by Commissioner Jones to authorize the submission of a grant application and letter of support to the Hogg Foundation for "Get Out the Count" efforts in relation to the U.S. Census Bureau's approach to hard-to-count (HTC) populations. All present voted “Aye.” MOTION PASSED

34318 RELEASE OF THE MAINTENANCE BOND #4413352 (FOR STREETS) IN THE AMOUNT OF $16,016.15, THE RELEASE OF THE MAINTENANCE BOND #70144631 (FOR DRAINAGE) IN THE AMOUNT OF $33,717.26, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR REUNION RANCH SUBDIVISION, PHASE 2, SECTION 5

Commissioner Smith spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Jones for the release of the maintenance bond #4413352 (for streets) in the amount of $16,016.15, the release of the maintenance bond #70144631 (for drainage) in the amount of $33,717.26, and the acceptance of roads into the county road maintenance system for Reunion Ranch subdivision, Phase 2, Section 5. All present voted “Aye.” MOTION PASSED

34319 RELEASE OF THE MAINTENANCE BOND #4407309MNT-4 (FOR STREETS)

IN THE AMOUNT OF $39,869.25, THE RELEASE OF THE MAINTENANCE BOND #4407309MNT-1 (FOR DRAINAGE) IN THE AMOUNT OF $115,408.88, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR REUNION RANCH SUBDIVISION, PHASE 3, SECTION 1

Commissioner Smith spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Jones for the release of the maintenance bond #4407309MNT-4 (for streets) in the amount of $39,869.25, the release of the maintenance bond #4407309MNT-1 (for drainage) in the amount of $115,408.88, and the acceptance of roads into the county road maintenance system for Reunion Ranch subdivision, Phase 3, Section 1. All present voted “Aye.” MOTION PASSED 34320 RELEASE OF THE REVEGETATION BOND #K13533428 IN THE AMOUNT

OF $61,000.00 FOR BURBA RANCH SUBDIVISION (A.K.A. ESTATES AT SAWYER RANCH)

A motion was made by Commissioner Smith seconded by Commissioner Jones for the release of the revegetation bond #K13533428 in the amount of $61,000.00 for Burba Ranch subdivision (a.k.a. Estates at Sawyer Ranch). All present voted “Aye.” MOTION PASSED 34321 CALL FOR A PUBLIC HEARING ON OCTOBER 1, 2019 TO ESTABLISH A 4-

WAY STOP ON WHITE WING TRAIL AT THE INTERSECTION WITH FIRE CRACKER DRIVE

Commissioner Jones announced a name change from White Wing Trail to Overpass Rd. A motion was made with the amendment by Commissioner Jones seconded by Commissioner Ingalsbe to call for a


***** ***** SEPTEMBER 17, 2019

public hearing on October 1, 2019 to establish a 4-way stop on Overpass Rd at the intersection with Fire Cracker Drive. All present voted “Aye.” MOTION PASSED 34322 CALL FOR A PUBLIC HEARING ON OCTOBER 1, 2019 TO ESTABLISH "NO

PARKING" ZONES ON SECTIONS OF CREEK ROAD & MT. GAINOR ROAD ALONG ONION CREEK

Commissioner Smith spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to call for a public hearing on October 1, 2019 to establish "No Parking" zones on sections of Creek Road & Mt. Gainor Road along Onion Creek. All present voted “Aye.” MOTION PASSED 34323 GRANT A VARIANCE TO SECTION 701.13.05 OF THE HAYS COUNTY

DEVELOPMENT REGULATIONS TO THE OWNER OF LOT 6, DOWNSTREAM SUBDIVISION IN PRECINCT 2

Thomas Schneider, Hays County resident, spoke on this item. Caitlyn Strickland, Development Services, spoke on the variances and plat notes. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe for the grant a variance to Section 701.13.05 of the Hays County Development Regulations to the owner of Lot 6, Downstream Subdivision in Precinct 2. All present voted “Aye.” MOTION PASSED 34324 ADOPT A RESOLUTION DESIGNATING A PORTION OF STATE HIGHWAY

21, FROM NEAR SH 80 INTERSECTION TO YARRINGTON ROAD INTERSECTION, AS THE PRIVATE FIRST CLASS KRISTIAN MENCHACA MEMORIAL HIGHWAY

Chief Goodman and Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to adopt a Resolution designating a portion of State Highway 21, from near SH 80 intersection to Yarrington Road intersection, as the Private First Class Kristian Menchaca Memorial Highway. All present voted “Aye.” MOTION PASSED


SERVICES AGREEMENT BETWEEN HAYS COUNTY AND MYERS CONCRETE CONSTRUCTION FOR THE ELECTIONS PUBLIC ENTRANCE REMODEL PROJECT

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement between Hays County and Myers Concrete Construction for the Elections Public Entrance Remodel project. All present voted “Aye.” MOTION PASSED

34326 APPROVE CHANGING TWO NAMING CONVENTIONS ON THE HAYS

COUNTY DEVELOPMENT SERVICES FEE SCHEDULE Caitlyn Strickland spoke on this agenda item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve changing two naming conventions on the Hays County Development Services Fee Schedule. All present voted “Aye.” MOTION PASSED


***** ***** SEPTEMBER 17, 2019

34327 PUBLIC HEARING ON THE FY 2020 HAYS COUNTY PROPOSED BUDGET - 10:00 A.M.

Judge Becerra opened the public hearing at 10:29A.M. Dan Lyon, Rodrigo Amaya, Hays County residents, spoke about county spending. Jeff Thompson, Living Word Lutheran Church spoke about Capital Idea, a career education program and requested county funds for support. Dale Nave, Prevent a Liter (PALS), spoke about the PALS program, and requested county funds for support. Kathy Morris, Family Justice Center Board, spoke about the benefits to the county and requested county funds for support. Julie Hollar, San Marcos Youth Services Bureau, thanked the Commissioners for their continued support. Karen Brown, Child Protective Board, thanked the Commissioners for their continued support, and requested county funds for support. Ellen Ermis, Kyle Area Seniors, requested county support. Wes Mau, Criminal District Attorney, presented his budget proposal. Vickie Dorsett, Auditor Office, reviewed the proposed budget and reviewed any changes made. Mark Kennedy, General Counsel, and Marisol Villarreal-Alonzo, Auditors Office, spoke on this item. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, and Judge Becerra all spoke and reviewed details and edits made to the proposed budget. Judge Becerra closed the public hearing at 12:32P.M. A motion was made by Commissioner Smith seconded by Commissioner Shell to move the position of Chief of Staff for Hays County into one which answers to the Commissioner Court, under County Wide 645 in the General Fund, and amend the budget accordingly. Commissioner Jones, Commissioner Shell, Commissioner Smith voted “Aye.” Commissioner Ingalsbe, Judge Becerra voted “No.” MOTION PASSED

34328 SET THE FY 2020 SALARIES AND ALLOWANCES FOR HAYS COUNTY

ELECTED OFFICIALS A motion was made by Judge Becerra seconded by Commissioner Jones to set the FY 2020 salaries and allowances for Hays County Elected Officials. All present voted “Aye.” MOTION PASSED 34329 ADOPT THE FY 2020 HAYS COUNTY BUDGET AFTER MAKING ANY FINAL

CHANGES AS A RESULT OF THE PUBLIC HEARING Rodrigo Amaya, and Dan Lyon, Hays County residents, made public comments on this item. Vickie Dorsett, Auditors Office, spoke on this item. A motion was made by Judge Becerra seconded by Commissioner Jones to adopt the FY 2020 Hays County budget after making any final changes as a result of the public hearing. All present voted “Aye.” MOTION PASSED 34330 RATIFY THE PROPERTY TAX INCREASE REFLECTED IN THE FY 2020

HAYS COUNTY BUDGET Vickie Dorsett, Auditors Office, spoke on this item. Commissioner Jones spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to All present voted “Aye.” MOTION PASSED 34331 APPROVE AN ORDER ADOPTING THE TAX RATE FOR FY 2020 AND LEVY

THE TAXES Vickie Dorsett, Auditors Office, spoke on this item. Commissioner Shell spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to approve an order adopting the tax rate for FY 2020 and levy the taxes. All present voted “Aye.” MOTION PASSED


***** ***** SEPTEMBER 17, 2019

35 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT MOLLY, PROJECT RX, PROJECT WOLVERINE AND PROJECT KING. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session at 1:06 p.m. and reconvened into open court at 1:41 p.m. Mark Kennedy spoke on this item. No action was taken. 36 ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Judge Becerra gave the update: Burn Ban will remain in effect.

37 DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO

INCLUDE CURRENT POPULATION COUNTS AND COSTS Judge Becerra gave the update. This week the average cost to the county was $73,155.00. 38 DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND

THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW

Commissioner Shell and Commissioner Ingalsbe spoke on this item. Clerk’s Note Agenda Item #39 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED. Clerk’s Note Agenda Item #40 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW – WAS PULLED. ADJOURNMENT A motion was made by Commissioner Shell, seconded by Commissioner Jones to adjourn court at 1:44 p.m.







***** ***** SEPTEMBER 24, 2019

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 24TH DAY OF SEPTEMBER A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Kristen Webber gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Frank Arredondo, Daphne Tenorio, Eric Martinez, Sam Brannon, Jordan Buckley Rafael Ralph Gonzales, Rodrigo Amaya, Dan Lyon, Lisa Prewitt, and Rolando Saucedo, Hays county residents, made public comments.

1. PRESENTATION OF HAYS COUNTY SERVICE AWARDS.

BECERRA/MILLER Service awards were presented to the following; 5 years of service to Nicolas Castillo, District Attorney’s office, Charles Dauwalder, Sheriff’s office, Georganna Sekula, County Court at Law 2, Kelly Giesler, Extension office, 10 years of service to Zachary Miller and Constance Newberry of the Sheriff’s office, 15 years of service to Eric Esqueda, Transportation, Yvette Faulkner, Sheriff’s office, Elsira De Leon, Personal Health, Vickie Dorsett, Auditor’s office, 20 years of service to Janet Pesl, Justice of the Peace Pct. 4 office, Alfred Morales, Sheriff’s office, 35 years of service to Rene E. Garner. 34332 ADOPT A PROCLAMATION DECLARING SEPTEMBER 2019 AS SUICIDE

PREVENTION AWARENESS MONTH Judge Zelhart spoke about Suicide Prevention. Commissioner Shell and Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to adopt a proclamation declaring September 2019 as Suicide Prevention Awareness Month. All present voted “Aye.” MOTION PASSED 3. PRESENTATIONON HAYS COUNTY FLOOD EARLY WARNING SYSTEM BY

JUSTIN MCINNIS FROM THE OFFICE OF EMERGENCY SERVICES Justin McInnis presented to the court using a Power point presentation on the Hays County warning systems and continued improvements on the early warnings notifications. No action taken.

4. PRESENTATION BY RAMSEY ABARCA FROM THE OFFICE OF THE ATTORNEY GENERAL TO REFRESH OUR COURT AND STAFF TO BETTER EQUIP THEM ONPROCESSING TIMELY PUBLIC INFORMATION REQUESTS

Ramsey Abarca presented to the court using a Power point presentation for the process of Public Information request and the expectations by the Attorney General office. No action taken. 34333 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of County invoices. All present voted “Aye.” MOTION PASSED 34334 APPROVE PAYMENTS OF JUROR CHECKS A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of Juror checks. All present voted “Aye.” MOTION PASSED


***** ***** SEPTEMBER 24, 2019

34335 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED 34336 APPROVE COMMISSIONERS COURT MINUTES OF SEPTEMBER 17, 2019 A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve Commissioners Court Minutes of September 17, 2019. All present voted “Aye.” MOTION PASSED 34337 APPROVE THE PAYMENT OF THE SEPTEMBER 30, 2019PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,850,000.00 EFFECTIVE SEPTEMBER 30, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of the September 30, 2019payroll disbursements in an amount not to exceed $3,850,000.00 effective September 30, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED 34338 AUTHORIZE THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH

TRAVIS COUNTY FOR THE FY 2020 SHERIFF'S COMBINED AUTO THEFT TASK FORCE (SCATTF) GRANT AWARDIN THE AMOUNT OF $69,190 FOR HAYS COUNTY

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the execution of an Interlocal agreement with Travis County for the FY 2020 Sheriff's Combined Auto Theft Task Force (SCATTF) grant award in the amount of $69,190 for Hays County. All present voted “Aye.” MOTION PASSED 34339 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO

REPAIRDAMAGED LOW WATER CROSSING MONITORING EQUIPMENTIN THE AMOUNT OF $1,949AT THE WINDY HILL RD (CR 131) LOCATION

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the Office of Emergency Services to repair damaged Low Water Crossing Monitoring equipment in the amount of $1,949at the Windy Hill Rd (CR 131) location. All present voted “Aye.” MOTION PASSED 34340 AMEND VARIOUS DEPARTMENTAL OPERATING BUDGETS IN

PREPARATION FOR THE COUNTY'S FY 2019 YEAR-END PROCESS A motion was made by Commissioner Shell seconded by Commissioner Jones to amend various departmental operating budgets in preparation for the County's FY 2019 year-end process. All present voted “Aye.” MOTION PASSED 34341 AUTHORIZE THE SHERIFF'S OFFICE TO ACCEPT A CONTRIBUTION OF

LAW ENFORCEMENT SUPPLIES IN THE AMOUNT OF $16,200 AND AMEND THE BUDGET ACCORDINGLY

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the Sheriff's Office to accept a contribution of law enforcement supplies in the amount of $16,200 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED 34342 AUTHORIZE PAYMENT TO LEIF JOHNSON FORD IN THE AMOUNT OF

$564.35 RELATED TO FLEET REPAIRS FOR THE CONSTABLE PCT. 3 OFFICE IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize payment to Leif Johnson Ford in the amount of $564.35 related to fleet repairs for the Constable Pct. 3 Office in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED


***** ***** SEPTEMBER 24, 2019

34343 APPROVE THE REJECTION OF ALL BIDS PURSUANT TO IFB 2019-B06 SAWYER RANCH ROAD PEDESTRIAN IMPROVEMENTS

A motion was made by Commissioner Jones seconded by Commissioner Smith to approve the rejection of all bids pursuant to IFB 2019-B06 Sawyer Ranch Road Pedestrian Improvements. All present voted “Aye.” MOTION PASSED


CERTIFYING THAT THE COUNTY HAS APPROVED A $13,000 GRANT FOR FY 2020 TO COMBINED COMMUNITY ACTION, AN ORGANIZATION THAT PROVIDES HOME DELIVERED MEALS TO HOMEBOUND PERSONS IN THE COUNTY THAT ARE ELDERLY OR HAVE A DISABILITY

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the County Judge to execute a resolution certifying that the County has approved a $13,000 grant for FY 2020 to Combined Community Action, an organization that provides home delivered meals to homebound persons in the county that are elderly or have a disability. All present voted “Aye.” MOTION PASSED 34345 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RENEWAL CONTRACT

FOR $15,474.36 WITH WEST THOMPSON REUTERS FOR ONLINE LEGAL RESEARCH SERVICES IN THE HAYS COUNTY COURTS AT LAW AND DISTRICT COURTS OFFICES WITH FUNDS BUDGETED FOR FY 2020

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the County Judge to execute a renewal contract for $15,474.36 with West Thompson Reuters for online legal research services in the Hays County Courts at Law and District Courts offices with funds budgeted for FY 2020. All present voted “Aye.” MOTION PASSED

34346 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RENEWAL CONTRACT

FOR $43,512 WITH WEST THOMPSON REUTERS FOR ONLINE LEGAL RESEARCH SERVICES IN THE HAYS COUNTY LAW LIBRARY WITH FUNDS BUDGETED FOR FY 2020

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute a renewal contract for $43,512with West Thompson Reuters for online legal research services in the Hays County Law Library with funds budgeted for FY 2020. All present voted “Aye.” MOTION PASSED 34347 AUTHORIZE THE EXECUTION OF A CONTRACT MODIFICATION FOR

$600 WITH THOMSON REUTERS WESTLAW RELATED TO LEGAL RESEARCH FOR THE DISTRICT ATTORNEY'S OFFICE WITH FUNDS WHICH WERE BUDGETED FOR FY 2020

A motion was made by Commissioner Inglasbe seconded by Commissioner Shell to authorize the execution of a contract modification for $600 with Thomson Reuters Westlaw related to legal research for the District Attorney's Office with funds which were budgeted for FY 2020. All present voted “Aye.” MOTION PASSED 34348 AUTHORIZE THE EXECUTION OF A CONTRACT FOR $1,324.80 WITH

WEST THOMSON REUTERS FOR LEGAL PRINT RESOURCES FOR THE OFFICE OF THE HAYS COUNTY CRIMINAL DISTRICT ATTORNEY WITH FUNDS THAT WERE BUDGETED FOR FY 2020

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the execution of a contract for $1,324.80 with West Thomson Reuters for legal print resources for the Office of the Hays County Criminal District Attorney with funds that were budgeted for FY 2020. All present voted “Aye.” MOTION PASSED

34349 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR FREIGHTLINER

OF BUDA AT 5190 INDUSTRIAL WAY DRIVE, BUDA, TEXAS 78610 A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for Freightliner of Buda at 5190 Industrial Way Drive, Buda, Texas 78610. All present voted “Aye.” MOTION PASSED


***** ***** SEPTEMBER 24, 2019

34350 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE SAVINGS TO PURCHASE LAW ENFORCEMENT EQUIPMENT IN THE AMOUNT OF $2,625.00 AND AMEND THE BUDGET ACCORDINGLY

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the Sheriff's Office to utilize savings to purchase law enforcement equipment in the amount of $2,625.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED 34351 APPROVE UTILITY PERMITS A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve Utility Permits. All present voted “Aye.” MOTION PASSED 34352 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE WIZARD

TOWER CLASSROOM AT THE WIZARD ACADEMY AT 16221 CRYSTAL HILL DRIVE, AUSTIN, TEXAS 78737

Commissioner Smith spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to Authorize On-Site Sewage Facility Permit for the Wizard Tower Classroom at the Wizard Academy at 16221 Crystal Hill Drive, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED 34353 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR MULTIPLE

BUILDINGS AT THE WIZARD ACADEMY AT 16221 CRYSTAL HILL DRIVE, AUSTIN, TEXAS 78737

Commissioner Smith spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for multiple buildings at the Wizard Academy at 16221 Crystal Hill Drive, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED

34354 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE HOGG

FOUNDATION FOR $50,000 FOR "GET OUT THE COUNT" EFFORTS IN HAYS COUNTY TO REACH HARD TO COUNT (HTC) POPULATIONS

Commissioner Smith and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the submission of a grant application to the Hogg Foundation for$50,000 for "Get Out the Count" efforts in Hays County to reach hard to count (HTC) populations. All present voted “Aye.” MOTION PASSED 34355 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AMENDED

SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT WITH TYLER TECHNOLOGIES FOR $69,324 RELATED TO THE NEW WORLD ERP FINANCIAL SOFTWARE (NWS)

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute an amended Software Maintenance and Support Agreement with Tyler Technologies for $69,324 related to the New World ERP Financial Software (NWS). All present voted “Aye.” MOTION PASSED 34356 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL NO. 6

TO A PROFESSIONAL SERVICE AGREEMENT (PSA) WITH PRIME STRATEGIES, INC. FOR $700,000 TO CONTINUE PROVIDING GENERAL ENGINEERING CONSULTANT (GEC)/PROGRAM MANAGEMENT SERVICES FOR THE HAYS COUNTY/TXDOT PARTNERSHIP PROGRAM PROJECTS

Mark Kennedy, General Counsel made a note of exemption under Chapter 262.04. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute Supplemental No. 6 to a Professional Service Agreement (PSA) with Prime Strategies, Inc. for $700,000 to continue providing General Engineering Consultant (GEC)/Program Management services for the Hays County/TX DOT Partnership Program projects. All present voted “Aye.” MOTION PASSED


***** ***** SEPTEMBER 24, 2019

34357 REDUCE THE SPEED LIMIT OF 35 MPH TO 25 MPH ON HAWTHORNE LOOP & RUTHERFORD DRIVE IN RIM ROCK SUBDIVISION

Judge Becerra opened the Public Hearing. No comments were made. Judge Becerra closed the Public hearing. A motion was made by Commissioner Jones seconded by Commissioner Smith to reduce the speed limit of 35 MPH to 25 MPH on Hawthorne Loop & Rutherford Drive in Rim Rock subdivision. All present voted “Aye.” MOTION PASSED

34358 ACCEPTANCE OF ROAD CONSTRUCTION AND DRAINAGE

IMPROVEMENTS, AND ACCEPTANCE OF THE 2-YEAR MAINTENANCE BOND #PB030168000375 IN THE AMOUNT OF $125,332.00 FOR PARTEN RANCH PHASE 2 SUBDIVISION

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to acceptance of road construction and drainage improvements, and acceptance of the 2-year Maintenance Bond #PB030168000375 in the amount of $125,332.00 for Parten Ranch Phase 2 Subdivision. All present voted “Aye.” MOTION PASSED 34359 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT TO USE

AUTOMATED MERCHANT SYSTEMS (AMS) FOR CREDIT CARD USE IN THE COUNTY CLERK'S OFFICE

Elaine Cárdenas, County Clerk, spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a contract to use Automated Merchant Systems (AMS) for credit card use in the County Clerk's Office. All present voted “Aye.” MOTION PASSED 34360 ACCEPT A GRANT AWARD FROM THE TEXAS INDIGENT DEFENSE

COMMISSION (TIDC) FOR FUNDING OF THE REGIONAL PADILLA COMPLIANCE PILOT PROJECT IN THE AMOUNT OF $342,720

Commissioner Ingalsbe, Commissioner Shell, and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to accept a grant award from the Texas Indigent Defense Commission (TIDC) for funding of the Regional Padilla Compliance Pilot Project in the amount of $342,720. All present voted “Aye.” MOTION PASSED 34361 GRANT A VARIANCE FROM SECTION 715.4.01 OF THE HAYS COUNTY

DEVELOPMENT REGULATIONS AND ALLOW ISSUANCE OF DEVELOPMENT PERMITS TO THE OWNER OF 2.50 ACRE PARCEL LOCATED AT 1634 S. TURNERSVILLE ROAD, BUDA, TX, 78610

Colby Machacek and Caitlyn Strickland, Development Services, spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to grant a variance from Section 715.4.01 of the Hays County Development Regulations and allow issuance of development permits to the owner of 2.50 acre parcel located at 1634 S. Turnersville Road, Buda, TX, 78610. All present voted “Aye.” MOTION PASSED 34. DISCUSS POSITIONS IN THE COUNTY JUDGE'S OFFICE Alex Villalobos, Chief of Staff, Mark Kennedy, General Counsel, Commissioner Shell, Commissioner Smith, and Judge Becerra spoke on this item. No action was taken. 35. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071AND 551.074 OF THE

TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING EMPLOYMENT AND DUTIES OF THE CHIEF OF STAFF.POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session at 10:36 A.M. and reconvened into open court at 12:04 P.M. No action was taken. 36. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE

TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PERFORMANCE AND DUTIES OF THE


***** ***** SEPTEMBER 24, 2019

VETERANS SERVICE OFFICER, EMERGENCY SERVICES DIRECTOR, IT DIRECTOR, HUMAN RESOURCES DIRECTOR, TRANSPORTATION DIRECTOR, GENERAL COUNSEL, DIRECTOR OF COUNTYWIDE OPERATIONSAND DEVELOPMENT SERVICES DIRECTOR

Court convened into Executive Session at 12:29 P.M. and reconvened into open court at 1:17 P.M. No action was taken. 37. ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Judge Becerra gave an update on the Burn Ban to remain in effect.

38. HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION

COUNTS AND COSTS Judge Becerra gave an update on the inmate population Clerk’s Note Agenda Item #39 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY.POSSIBLE ACTION MAY FOLLOW – WAS PULLED Clerk’s Note Agenda Item #40 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTBAND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED Clerk’s Note Agenda Item #41 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW – WAS PULLED ADJOURNMENT A motion was made by Commissioner Jones seconded by Commissioner Smith at 1:19 p.m.







***** ***** OCTOBER 1, 2019

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 1ST DAY OF OCTOBER A.D., 2019, IN THE HAYS COUNTY COURTHOUSE, 111 E.

SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:







Chaplin Nahum Melendez gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

John Jack Hugman and Dan Lyon, Hays County residents, gave public comments.

34362 ADOPT A PROCLAMATION DECLARING OCTOBER 2019 AS MEDIATION

AWARENESS MONTH AND PRESENTATION BY MARTHA JOYCE, DIRECTOR OF THE CENTRAL TEXAS DISPUTE RESOLUTION CENTER

Martha Joyce, Director of the Central Texas Dispute Resolution Center, spoke on this proclamation. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to adopt a proclamation declaring October 2019 as Mediation Awareness Month and Presentation by Martha Joyce, Director of the Central Texas Dispute Resolution Center. All present voted “Aye.” MOTION PASSED

34363 ADOPT A PROCLAMATION DECLARING OCTOBER 4, 2019 AS NATIONAL

MANUFACTURING DAY AND THE MONTH OF OCTOBER 2019 AS NATIONAL MANUFACTURING MONTH

Christian Duran, Greater San Marcos Partnership, and Judge Becerra spoke on this proclamation. A motion was made by Commissioner Jones seconded by Commissioner Shell to adopt a proclamation declaring October 4, 2019 as National Manufacturing Day and the month of October 2019 as National Manufacturing Month. All present voted “Aye.” MOTION PASSED

34364 ADOPT A PROCLAMATION DECLARING OCTOBER 2019 AS DOMESTIC

VIOLENCE AWARENESS MONTH Alyssa Rodriguez, director of HCWH, Lieutenant Dennis Gutierrez, and Judge Becerra spoke on this proclamation. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to adopt a proclamation declaring October 2019 as Domestic Violence Awareness Month. All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 1, 2019

34365 ADOPT A PROCLAMATION DECLARING OCTOBER 1, 2019 AS NATIONAL NIGHT OUT

Sheriff Cutler spoke on this proclamation. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to adopt a proclamation declaring October 1, 2019 as National Night Out. All present voted “Aye.” MOTION PASSED

34366 ADOPT A PROCLAMATION DECLARING OCTOBER 12, 2019 AS

INDIGENOUS PEOPLE'S DAY Maria Rocha spoke on this proclamation. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to adopt a proclamation declaring October 12, 2019 as Indigenous People's Day. All present voted “Aye.” MOTION PASSED

6 PRESENTATION ON CONSERVATION SUBDIVISION DEVELOPMENT BY

CAITLYN STRICKLAND, DEVELOPMENT SERVICES, AND ALEXANDRA THOMPSON, OFFICE OF COUNTYWIDE SERVICES, REGARDING STRATEGY AND FUTURE CONSERVATION PROJECTS.

Caitlyn Strickland gave the presentation. Alexandra Thompson answered questions about the conservation project and volunteer program. Commissioner Ingalsbe, Commissioner Shell, Commissioner Smith, and Judge Becerra spoke on this item. No action was taken.

34367 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of County invoices. All present voted “Aye.” MOTION PASSED

34368 APPROVE PAYMENTS OF JUROR CHECKS A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of Juror checks. All present voted “Aye.” MOTION PASSED

34369 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED

34370 APPROVE COMMISSIONERS COURT MINUTES OF SEPTEMBER 24, 2019 A motion was made with the by Commissioner Jones seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of September 24, 2019. All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 1, 2019

34371 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR CONSTRUCTION 34371OFFICE AT 179 S. CANYONWOOD DRIVE, DRIPPING SPRINGS, TEXAS 78620

Judge Becerra spoke on description of agenda items. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for construction office at 179 S. Canyonwood Drive, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED

34372 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN ANNUAL CONTRACT

RENEWAL BETWEEN THE HAYS COUNTY PARKS DEPARTMENT/COUNTYWIDE OPERATIONS AND CHECKFRONT, IN THE

AMOUNT OF $7,999, IN ORDER TO CONTINUE ACCESS TO THE ONLINE RESERVATION SYSTEM

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute an annual contract renewal between the Hays County Parks Department/Countywide Operations and Checkfront, in the amount of $7,999, in order to continue access to the online reservation system. All present voted “Aye.” MOTION PASSED

34373 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE U.S.

DEPARTMENT OF JUSTICE, EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM IN THE AMOUNT OF $11,513 FOR BULLETPROOF VESTS FOR COUNTY LAW ENFORCEMENT OFFICERS

AND AMEND THE BUDGET ACCORDINGLY A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the acceptance of a grant award from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) program in the amount of $11,513 for bulletproof vests for county law enforcement officers and amend the budget accordingly. All present voted “Aye.” MOTION PASSED

34374 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE FY 2020 GRANT

AGREEMENTS WITH THE U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION FOR OVERTIME REIMBURSEMENTS OF $3,500 RELATED TO THE SHERIFF'S OFFICE ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE (OCDETF) AND AMEND THE BUDGET ACCORDINGLY

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute the FY 2020 Grant Agreements with the U.S. Department of Justice, Drug Enforcement Administration for overtime reimbursements of $3,500 related to the Sheriff's Office Organized Crime Drug Enforcement Task Force (OCDETF) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED

34375 AUTHORIZE PAYMENT TO TEXAS FIFTH WALL ROOFING SYSTEMS OF

$710.22 WHERE NO PURCHASE ORDER WAS IN PLACE AS PER THE COUNTY PURCHASING POLICY


***** ***** OCTOBER 1, 2019

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize payment to Texas Fifth Wall Roofing Systems of $710.22 where no purchase order was in place as per the County Purchasing Policy. All present voted “Aye.” MOTION PASSED

34376 APPROVE SPECIFICATIONS FOR IFB 2020-B02 HAULING OF SOLID

WASTE AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve specifications for IFB 2020-B02 Hauling of Solid Waste and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED

34377 APPROVE SPECIFICATIONS FOR IFB 2020-B01 SAWYER RANCH ROAD

PEDESTRIAN IMPROVEMENTS AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve specifications for IFB 2020-B01 Sawyer Ranch Road Pedestrian Improvements and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED

34378 APPROVE SPECIFICATIONS FOR IFB 2020-P02 COUNTYWIDE

JANITORIAL SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR

PROPOSALS AND ADVERTISE Mark Kennedy, General Counsel, commented on error the item which should be RFB not IFB. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve specifications for RFB 2020-P02 Countywide Janitorial Services and authorize Purchasing to solicit for proposals and. All present voted “Aye.” MOTION PASSED

34379 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SOCIAL SERVICE

AGENCY FUNDING CONTRACTS AS APPROVED IN THE FY 2020 BUDGET A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute Social Service Agency funding contracts as approved in the FY 2020 budget. All present voted “Aye.” MOTION PASSED

34380 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RENEWAL

AGREEMENT FOR $334,550 WITH SHI GOVERNMENT SOLUTIONS FOR THE COUNTY WIDE MICROSOFT LICENSING AGREEMENT

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute a renewal agreement for $334,550 with SHI Government Solutions for the County Wide Microsoft Licensing Agreement. All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 1, 2019

34381 AUTHORIZE THE COUNTY JUDGE TO EXECUTE GRANDE'S SERVICE REQUEST FORM FOR WORK RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND PROJECT IN THE AMOUNT OF $30,500

Mark Kennedy, General Counsel, noted that Court finds for exemption under Texas Local Government Code 262.024(a)(7). A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute Grande's Service Request Form for work related to the Hays County Public Safety Bond project in the amount of $30,500. All present voted “Aye.” MOTION PASSED

34382 APPROVE SPECIFICATIONS FOR RFQ 2020-Q01 RIGHT OF WAY

ACQUISITION ATTORNEY SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE

Marisol Alonzo-Villarreal, Auditors Office, spoke on this item. Commissioner Ingalsbe, Commissioner Jones A motion was made by Commissioner Jones seconded by Commissioner Smith to approve specifications for RFQ 2020-Q01 Right of Way Acquisition Attorney Services and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED 34383 APPROVE THE CANCELLATION OF THE HAYS COUNTY COMMISSIONERS

COURT ON NOVEMBER 12, 2019 A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve the cancellation of the Hays County Commissioners Court on November 12, 2019. All present voted “Aye.” MOTION PASSED 34384 AUTHORIZE PAYMENT TO BECKWITH ELECTRONIC SYSTEMS, LLC IN

THE AMOUNT OF $730.00 WHERE NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize payment to Beckwith Electronic Systems, LLC in the amount of $730.00 where no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED 34385 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LJA ENGINEERING RELATED TO RIGHT OF WAY (ROW) SERVICES ON AN AS-NEEDED BASIS

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and LJA Engineering related to Right of Way (ROW) services on an as-needed basis. All present voted “Aye.” MOTION PASSED 34386 ESTABLISH A 4-WAY STOP ON OVERPASS ROAD (A.K.A. WHITE WING

TRAIL) AT THE INTERSECTION WITH FIRE CRACKER DRIVE Judge Becerra opened the public hearing at 9:56 A.M. No comments were made. Judge Becerra closed the public hearing at 9:56 A.M. Commissioner Jones spoke on this item. A motion was made by Commissioner


***** ***** OCTOBER 1, 2019

Jones seconded by Commissioner Ingalsbe to establish a 4-way stop on Overpass Road (a.k.a. White Wing Trail) at the intersection with Fire Cracker Drive. All present voted “Aye.” MOTION PASSED 34387 CALL FOR A PUBLIC HEARING ON OCTOBER 15, 2019 TO ESTABLISH A

STOP SIGN ON LIVE OAK DRIVE AT CHAPARRAL ROAD, A YIELD SIGN ON SPANISH OAK TRAIL AT LIVE OAK DRIVE, AND A YIELD SIGN ON POST OAK PATH AT LIVE OAK DRIVE WITHIN ALLEGRE MONANTIAL SUBDIVISION

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to call for a public hearing on October 15, 2019 to establish a stop sign on Live Oak Drive at Chaparral Road, a yield sign on Spanish Oak Trail at Live Oak Drive, and a yield sign on Post Oak Path at Live Oak Drive within Allegre Monantial subdivision. All present voted “Aye.” MOTION PASSED

34388 ESTABLISH "NO PARKING" ZONES ON SECTIONS OF CREEK ROAD & MT.

GAINOR ROAD ALONG ONION CREEK Judge Becerra opened the public hearing at 9:58 A.M. Dan Lyon, Hays County resident, spoke during the public hearing. Judge Becerra closed the public hearing at 9:59 A.M. Commissioner Smith spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to establish "No Parking" zones on sections of Creek Road & Mt. Gainor Road along Onion Creek. All present voted “Aye.” MOTION PASSED


IMPROVEMENTS IN THE AMOUNT OF $151,602.50 (BOND # PB03016800532) AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $91,735.50 (BOND # PB03016800535) FOR RUTHERFORD WEST, SECTION 5

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to accept fiscal surety for the construction of street improvements in the amount of $151,602.50 (Bond # PB03016800532) and drainage improvements in the amount of $91,735.50 (Bond # PB03016800535) for Rutherford West, Section 5. All present voted “Aye.” MOTION PASSED 34390 ADOPT THE FY 2020 COUNTY HOLIDAY CALENDAR Anita Collins, County Judge’s Executive Assistant, spoke on this item. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to adopt as presented Indigenous People’s Day labeled for October 12th, and the FY 2020 County Holiday Calendar. All present voted “Aye.” MOTION PASSED

34391 APPROVE A RESOLUTION OF SUPPORT FOR DRIFTWOOD HISTORICAL

CONSERVATION SOCIETY'S EFFORT TO HAVE THE LEGISLATURE RECOGNIZE WILLIAM B. TRAVIS HERITAGE LEAGUE SURVEY WITH AN UNDERTOLD HISTORICAL DESIGNATION COMMEMORATIVE PLAQUE


***** ***** OCTOBER 1, 2019

Commissioner Smith, Commissioner Ingalsbe, and Judge Becerra spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Jones to approve a resolution of support for Driftwood Historical Conservation Society's effort to have the legislature recognize William B. Travis Heritage League Survey with an Undertold Historical designation commemorative plaque. All present voted “Aye.” MOTION PASSED 32 FORMATION OF A NEW PARKS AND OPEN SPACE ADVISORY BOARD

(POASB), THE REVIEW OF EXISTING PARKS, AND AN UPDATE TO THE 2012 HAYS COUNTY PARKS, OPEN SPACE AND NATURAL AREA MASTER PLAN

Commissioner Shell, Commissioner Ingalsbe, and Judge Becerra spoke on this item. Update to be given in two weeks. No action taken. 34392 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RECORDS

PRESERVATION PROPOSAL FOR $73,198 WITH KOFILE TECHNOLOGIES FOR PERMANENT RECORDS MAINTAINED IN THE DISTRICT CLERK'S OFFICE

Beverly Crumley, District Clerk, Elaine Cardenas, County Clerk, Commissioner Ingalsbe, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute a Records Preservation Proposal for $73,198 with Kofile Technologies for permanent records maintained in the District Clerk's Office. All present voted “Aye.” MOTION PASSED 34393 AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING

BETWEEN THE HAYS COUNTY VETERAN'S TREATMENT COURT AND BE WELL MENTAL HEALTH, PLLC RELATED TO PSYCHOLOGICAL EVALUATIONS AND TREATMENT PROGRAMS FOR VETERANS

Commissioner Shell, Commissioner Ingalsbe, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the execution of a Memorandum of Understanding between the Hays County Veteran's Treatment Court and Be Well Mental Health, PLLC related to psychological evaluations and treatment programs for veterans. All present voted “Aye.” MOTION PASSED

34394 AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING

BETWEEN THE HAYS COUNTY VETERAN'S TREATMENT COURT AND COUNSELINK, INC. RELATED TO COUNSELING SERVICES FOR VETERANS

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the execution of a Memorandum of Understanding between the Hays County Veteran's Treatment Court and Counselink, Inc. related to counseling services for veterans. All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 1, 2019

34395 AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE HAYS COUNTY VETERAN'S TREATMENT COURT AND LAKE INKS PROFESSIONAL SERVICES, LLC RELATED TO PSYCHOLOGICAL EVALUATIONS AND TREATMENT PROGRAMS FOR VETERANS

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the execution of a Memorandum of Understanding between the Hays County Veteran's Treatment Court and Lake Inks Professional Services, LLC related to psychological evaluations and treatment programs for veterans. All present voted “Aye.” MOTION PASSED

34396 ACTION TO AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE HAYS COUNTY VETERAN'S TREATMENT COURT AND YOUIMPROVE INTEGRATIVE COUNSELING SERVICES RELATED TO COUNSELING SERVICES FOR VETERANS

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to action to authorize the execution of a Memorandum of Understanding between the Hays County Veteran's Treatment Court and YouImprove Integrative Counseling Services related to counseling services for veterans. All present voted “Aye.” MOTION PASSED

34397 AUTHORIZE THE EXECUTION OF THE FY20 TEXAS INDIGENT DEFENSE

COMMISSION (TIDC) HAYS COUNTY INDIGENT DEFENSE COORDINATOR

(IDC) PROGRAM GRANT IN THE AMOUNT OF $61,341 AND AMEND THE BUDGET ACCORDINGLY

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to action to authorize the execution of the FY20 Texas Indigent Defense Commission (TIDC) Hays County Indigent Defense Coordinator (IDC) Program grant in the amount of $61,341 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED

34398 APPROVE THE PURCHASE AND INSTALLATION OF BROADCASTING

EQUIPMENT (HD CAMERAS, MOUNTS, CABLES, ETC.) FROM SWAGIT IN THE AMOUNT OF $33,306.00 AND AMEND THE BUDGET ACCORDINGLY

Elaine Cardenas, County Clerk, gave a presentation by power point. Jeff McGill, Information Technology Director, Commissioner Shell, Commissioner Ingalsbe, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the purchase and installation of broadcasting equipment (HD cameras, mounts, cables, etc.) from Swagit in the amount of $33,306.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED

34399 SELECT A FIRM TO AWARD THE WORK, AND TO AUTHORIZE STAFF AND

COUNSEL TO NEGOTIATE A CONTRACT REGARDING STREAMING AND RELATED SERVICES FOR THE COMMISSIONERS COURT, INCLUDING AGENDA PREPARATION, VIDEO ARCHIVING AND POSTING


***** ***** OCTOBER 1, 2019

Elaine Cardenas, County Clerk, gave a presentation by power point. Mark Kennedy, General Counsel confirmed that the current contract will end in late November 2018. Commissioner Jones, Commissioner Shell, Commissioner Ingalsbe, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to select a firm to award the work, and to authorize staff and counsel to negotiate a contract regarding streaming and related services for the Commissioners Court, including agenda preparation, video archiving and posting. All present voted “Aye.” MOTION PASSED


COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND BURNET COUNTY FOR JAIL SERVICES FOR THE CUSTODY AND CARE OF HAYS COUNTY INMATES

Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute an Interlocal Cooperation Agreement between Hays County and Burnet County for Jail Services for the custody and care of Hays County inmates. All present voted “Aye.” MOTION PASSED 34401 APPROVE A RELATED PARTY DISCLOSURE FORM, TO BE

INCORPORATED INTO PROCUREMENT PACKAGES ADVERTISED BY HAYS COUNTY

Mark Kennedy, General Counsel, Commissioner Shell, Commissioner Ingalsbe, and Commissioner Smith spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to action to approve a Related Party Disclosure Form, to be incorporated into procurement packages advertised by Hays County. All present voted “Aye.” MOTION PASSED


THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PERFORMANCE AND DUTIES OF THE VETERANS SERVICE OFFICER, EMERGENCY SERVICES DIRECTOR, IT DIRECTOR, HUMAN RESOURCES DIRECTOR, TRANSPORTATION DIRECTOR, GENERAL COUNSEL, DIRECTOR OF COUNTYWIDE OPERATIONS AND DEVELOPMENT SERVICES DIRECTOR

Court convened into Executive Session at 11:33 A.M. and reconvened into open court at 12:53 P.M. No action was taken. 34402 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF

THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT K AND PROJECT WOLVERINE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT

Court convened into Executive Session at 11:03 A.M. and reconvened into open court at 11:28 A.M. Jason Giulietti, Greater San Marcos Partnership spoke on the Project K and Project Wolverine. Matthew Ryan Head of Manufacturing. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to authorize the County Judge to execute a Chapter 381 Economic


***** ***** OCTOBER 1, 2019

Development Incentive Agreement between Hays County and Katerra Construction, LLC, as presented in Executive Session. All present voted “Aye.” MOTION PASSED A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe execute a Chapter 381 Economic Development Incentive Agreement between Hays County and Access Dental Lab TX, LLC, as presented in Executive Session. All present voted “Aye.” MOTION PASSED 45 ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION Judge Becerra announced the Burn Ban will remain in effect.

46 HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT

POPULATION COUNTS AND COSTS. Judge Becerra gave an update on the inmate population with a cost to outsource inmates at $71,165. Clerk’s Note Agenda Item #47 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY

JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #48 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND

PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED.


PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW

– WAS PULLED.

ADJOURNMENT A motion was made by Commissioner Shell, seconded by Commissioner Jones to adjourn court at 12:55 p.m.



proceedings had by the Hays County Commissioners’ Court on October 1, 2019.



HAYS COUNTY, TEXAS


***** ***** OCTOBER 15, 2019

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 15TH DAY OF OCTOBER A.D., 2019, IN THE HAYS COUNTY COURTHOUSE, 111

E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF

HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE

PRESENT, TO-WIT:







Reverend Josh Murillo gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Dan Lyon, Hays County residents, gave public comments.

34403 ADOPT A PROCLAMATION RECOGNIZING THE 90TH BIRTHDAY OF THE

MOON-MCGEHEE CHAPTER OF THE DAUGHTERS OF THE REPUBLIC OF TEXAS.

Phyllis Klein spoke to the court. Commissioner Smith and Judge Becerra spoke. A motion was made by Commissioner Smith seconded by Commissioner Jones to adopt a proclamation recognizing the 90th Birthday of the Moon-McGehee Chapter of the Daughters of the Republic of Texas. All present voted “Aye.” MOTION PASSED

34404 ADOPT A PROCLAMATION DECLARING OCTOBER 19, 2019 AS WHITE

CANE DAY. Mike Jones and Clyde Schneider of the Lions Club spoke to the court. Commissioner Smith spoke. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to adopt a proclamation declaring October 19, 2019 as White Cane Day.” All present voted “Aye.” MOTION PASSED

3. PRESENTATION ON CONSERVATION EFFORTS AND CONCEPTS FOR

PUBLIC USE REGARDING EL RANCHO CIMA, FORMERLY THE SAM HOUSTON AREA COUNCIL BOY SCOUT RANCH, LOCATED BETWEEN RM 32 AND THE BLANCO RIVER.

Public comments were given by Dianne Wassenich, volunteer for SMRF, and Dan Lyon, Hays county resident.


***** ***** OCTOBER 15, 2019

Alexandra Thompson presented on the Conservation efforts using power point. Commissioner Shell, Commissioner Smith, Commissioner Ingalsbe, Commissioner Jones, and Judge Becerra spoke on this item. No action was taken.


34405 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Shell seconded by Commissioner Smith to approve payments of County invoices. All present voted “Aye.” MOTION PASSED

34406 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Shell seconded by Commissioner Smith to approve payments of Juror checks. All present voted “Aye.” MOTION PASSED

34407 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Shell seconded by Commissioner Smith to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED

34408 APPROVE COMMISSIONERS COURT MINUTES OF OCTOBER 1, 2019.

A motion was made by Commissioner Shell seconded by Commissioner Smith to approve Commissioners Court Minutes of October 1, 2019. All present voted “Aye.” MOTION PASSED

34409 APPROVE THE PAYMENT OF THE OCTOBER 15, 2019 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,800,000.00 EFFECTIVE OCTOBER 15, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Shell seconded by Commissioner Smith to approve the payment of the October 15, 2019 payroll disbursements in an amount not to exceed $2,800,000.00 effective October 15, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED

34410 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 13

OFFICE/WAREHOUSE BUILDINGS AT 1220 SATTERWHITE RD, BUDA, TEXAS 78610.

A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for 13 office/warehouse buildings at 1220 Satterwhite Rd, Buda, Texas 78610. All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 15, 2019

34411 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR ONE OFFICE/WAREHOUSE BUILDING AT 31892 RR 12, DRIPPING SPRINGS, TX 78620.

A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for one office/warehouse building at 31892 RR 12, Dripping Springs, TX 78620. All present voted “Aye.” MOTION PASSED 34412 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE 1ST LETTER

AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LOCKWOOD, ANDREWS AND NEWMAN,

INC. EXECUTED ON OR ABOUT OCTOBER 31, 2017 FOR RIGHT OF WAY SERVICE FOR DACY LANE, PHASE II FROM AMBERWOOD LOOP TO HILLSIDE TERRACE, ROAD WIDENING AND REALIGNMENT PROJECT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute the 1st Letter Amendment to a Professional Services Agreement (PSA) between Hays County and Lockwood, Andrews and Newman, Inc. executed on or about October 31, 2017 for Right of Way Service for Dacy Lane, Phase II from Amberwood Loop to Hillside Terrace, road widening and realignment project. All present voted “Aye.” MOTION PASSED 34413 AUTHORIZE THE EXECUTION OF A SUPPLEMENTAL AGREEMENT NO. 2

TO THE PROFESSIONAL SERVICE AGREEMENT WITH LOCKWOOD, ANDREWS & NEWMAN, INC. FOR RIGHT OF WAY SERVICES ON THE FM

110 PROJECT IN HAYS COUNTY, INCREASING THE COMPENSATION CAP FROM $168,150.00 TO $178,150.00.

Mark Kennedy, General Counsel, noted the exemption from bidding under TX Local Gov. Code 262.024(a)(4) for professional services. Commissioner Ingalsbe, and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe including the change noted by General Counsel to authorize the execution of a Supplemental Agreement No. 2 to the Professional Service Agreement with Lockwood, Andrews & Newman, Inc. for Right of Way services on the FM 110 project in Hays County, increasing the Compensation Cap from $168,150.00 to $178,150.00. All present voted “Aye.” MOTION PASSED 34414 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 14 OFFICES AT

14625 FITZHUGH ROAD, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for 14 offices at 14625 Fitzhugh Road, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED 34415 AUTHORIZE THE PURCHASE OF ITEMS FROM BJ'S TEES IN THE

AMOUNT OF $1,949.21 FOR THE CONTINUING EDUCATION SAFETY PROGRAM FOR THE TRANSPORTATION DEPARTMENT.


***** ***** OCTOBER 15, 2019

Jerry Borcherding, Transportation, and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the purchase of items from BJ's Tees in the amount of $1,949.21 for the continuing education safety program for the Transportation Department. All present voted “Aye.” MOTION PASSED 34416 AUTHORIZE PAYMENT TO CARD SERVICES IN THE AMOUNT OF $601.97

FOR EXPENSES RELATED TO UNIFORMS FOR THE BUILDING MAINTENANCE DEPARTMENT WHERE NO PURCHASE ORDER WAS ISSUED AS PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize payment to Card Services in the amount of $601.97 for expenses related to uniforms for the Building Maintenance Department where no purchase order was issued as per County Purchasing Policy. All present voted “Aye.” MOTION PASSED 34417 APPROVE OUT OF STATE TRAVEL FOR DETECTIVE KYRI LYSEK AND

DETECTIVE JENNIFER BAKER TO ATTEND THE INTERNET CRIMES AGAINST CHILDREN CONFERENCE ON DECEMBER 11-13, 2019 IN ORLANDO, FLORIDA.

Judge Becerra spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to approve out of state travel for Detective Kyri Lysek and Detective Jennifer Baker to attend the Internet Crimes against Children Conference on December 11-13, 2019 in Orlando, Florida. All present voted “Aye.” MOTION PASSED

34418 AUTHORIZE THE HISTORICAL COMMISSION TO UTILIZE $7,247.04 IN

DONATED FUNDS TO RESTORE THE HISTORIC WATER FOUNTAIN LOCATED OUTSIDE OF THE HAYS COUNTY COURTHOUSE AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to authorize the Historical Commission to utilize $7,247.04 in donated funds to restore the historic water fountain located outside of the Hays County Courthouse and amend the budget accordingly. All present voted “Aye.” MOTION PASSED

34419 AUTHORIZE THE SHERIFF'S OFFICE TO TEMPORARILY CONVERT

DEPUTY POSITIONS TO CIVILIAN CADET POSITIONS AT $21.29 PER HOUR FOR THE CURRENT HCSO BASIC PEACE OFFICER TRAINING ACADEMY.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to temporarily convert Deputy Positions to civilian Cadet Positions at $21.29 per hour for the current HCSO Basic Peace Officer Training Academy. All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 15, 2019

34420 AUTHORIZE THE SHERIFF'S OFFICE TO ACCEPT A DONATION OF A DUAL - 2 ANTENNA RADAR SYSTEM VALUED AT $847.00 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to accept a donation of a Dual - 2 Antenna Radar System valued at $847.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED

34421 APPROVE UTILITY PERMITS. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to approve Utility Permits. All present voted “Aye.” MOTION PASSED

34422 APPROVE CHANGES TO THE FY 2020 MERIT ALLOCATION PROCESS AS

RECOMMENDED BY THE HUMAN RESOURCES DEPARTMENT. Commissioner Shell spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to approve changes to the FY 2020 merit allocation process as recommended by the Human Resources Department. All present voted “Aye.” MOTION PASSED


PURCHASE COUNTY WIDE ADOBE SOFTWARE LICENSES THROUGH A MULTI LANG TEAM LICENSING AGREEMENT WITH DELL MARKETING,

INC. AS APPROVED IN THE FY 2020 BUDGET IN THE AMOUNT OF $9,902.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the Information Technology Department to purchase County Wide Adobe Software Licenses through a Multi Lang Team Licensing Agreement with Dell Marketing, Inc. as approved in the FY 2020 budget in the amount of $9,902. All present voted “Aye.” MOTION PASSED

34424 APPROVE CHANGES TO THE FY 2020 HEALTHCARE PLAN AS

RECOMMENDED BY THE INSURANCE COMMITTEE. Shari Miller, Human Resources, spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to approve changes to the FY 2020 healthcare plan as recommended by the Insurance Committee. All present voted “Aye.” MOTION PASSED

34425 AUTHORIZE THE SHERIFF'S OFFICE TO PRE-PURCHASE LAW

ENFORCEMENT UNIFORMS AND ACCESSORIES FOR NEW HIRES AS PART OF THE PRE-EMPLOYMENT PROCESS.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the Sheriff's Office to pre-purchase law enforcement uniforms and accessories for new hires as part of the pre-employment process. All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 15, 2019

34426 AUTHORIZE COUNTYWIDE OPERATIONS TO RENEW THE ANNUAL COMMERCIAL GENERAL LIABILITY AND EXCESS LIABILITY INSURANCE RELATED TO THE GAY RUBY DAHLSTROM NATURE PRESERVE IN THE AMOUNT OF $7,346.85.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize Countywide Operations to renew the annual Commercial General Liability and Excess Liability Insurance related to the Gay Ruby Dahlstrom Nature Preserve in the amount of $7,346.85. All present voted “Aye.” MOTION PASSED

34427 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RESOLUTION FOR THE

FY20 HAYS COUNTY INDIGENT DEFENSE GRANT PROGRAM THROUGH THE TEXAS INDIGENT DEFENSE COMMISSION (TIDC).

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Resolution for the FY20 Hays County Indigent Defense Grant Program through the Texas Indigent Defense Commission (TIDC). All present voted “Aye.” MOTION PASSED

34428 AUTHORIZE THE DISTRICT ATTORNEY'S OFFICE TO UTILIZE ASSET

FORFEITURE FUNDS TO IMPLEMENT A TEMPORARY SALARY SUPPLEMENT FOR POSITION CODE 0787, SLOT 10 EFFECTIVE 10/1/19 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the District Attorney's Office to utilize Asset Forfeiture funds to implement a temporary salary supplement for position code 0787, slot 10 effective 10/1/19 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED


SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND DOUCET & ASSOCIATES FOR $46,640.00 REGARDING DESIGN IMPROVEMENTS TO CANYON WREN DRIVE LEADING UP TO ITS INTERSECTION WITH FM 967 IN BUDA, TEXAS.

Jerry Borcherding, Transportation Department, Commissioner Ingalsbe, Commissioner Smith, Commissioner Jones and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Doucet & Associates for $46,640.00 regarding design improvements to Canyon Wren Drive leading up to its intersection with FM 967 in Buda, Texas. All present voted “Aye.” MOTION PASSED

34430 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO ESTABLISH A

STOP SIGN ON LIVE OAK DRIVE AT CHAPARRAL ROAD, A YIELD SIGN ON SPANISH OAK TRAIL AT LIVE OAK DRIVE, AND A YIELD SIGN ON POST OAK PATH AT LIVE OAK DRIVE WITHIN ALLEGRE MONANTIAL SUBDIVISION TO HELP WITH TRAFFIC CONTROL.


***** ***** OCTOBER 15, 2019

Judge Becerra opened the public hearing at 10:37AM. No comments were made. Judge Becerra closed the public hearing at 10:37AM. Commissioner Jones spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to establish a stop sign on Live Oak Drive at Chaparral Road, a yield sign on Spanish Oak Trail at Live Oak Drive, and a yield sign on Post Oak Path at Live Oak Drive within Allegre Monantial subdivision to help with traffic control. All present voted “Aye.” MOTION PASSED

34431 ACCEPT THE ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS,

RELEASE THE PERFORMANCE BOND #800043889 IN THE AMOUNT OF $688,266.50, ACCEPT THE 2-YEAR MAINTENANCE BOND #58S211340-001 IN THE AMOUNT OF $174,546.55, AND ACCEPT THE 1-YEAR REVEGETATION BOND #58S212707 IN THE AMOUNT OF $74,567.50 FOR CROSSWINDS SUBD., PHASE 2.

Jerry Borcherding, Transportation Department, Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to accept the road construction & drainage improvements, release the performance bond #800043889 in the amount of $688,266.50, accept the 2-year maintenance bond #58S211340-001 in the amount of $174,546.55, and accept the 1-year revegetation bond #58S212707 in the amount of $74,567.50 for Crosswinds Subd., Phase 2. All present voted “Aye.” MOTION PASSED

34432 ACCEPT THE ROAD CONSTRUCTION AND DRAINAGE IMPROVEMENTS,

AND RELEASE OF THE SUBDIVISION BOND #60123339 IN THE AMOUNT OF $1,457,452.35 FOR THE COTTAGES AT BELTERRA VILLAGE 1 & 2.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to accept the road construction and drainage improvements, and release of the subdivision bond #60123339 in the amount of $1,457,452.35 for the Cottages at Belterra Village 1 & 2. All present voted “Aye.” MOTION PASSED 34433 ACCEPT THE ROADWAY ASPHALT REPAIRS BY LONE STAR PAVING

COMPANY (ASPHALT INC., LLC), AND ACCEPTANCE OF THE MAINTENANCE BOND #30079885 IN THE AMOUNT OF $20,606.20 FOR ONE YEAR FOR NAUTICAL LOOP IN THE CROSSWINDS SUBDIVISION, PHASE 1, SECTION 1.

Jerry Borcherding, Transportation department, spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to accept the roadway asphalt repairs by Lone Star Paving Company (Asphalt Inc., LLC), and acceptance of the maintenance bond #30079885 in the amount of $20,606.20 for one year for Nautical Loop in the Crosswinds subdivision, Phase 1, Section 1. All present voted “Aye.” MOTION PASSED 34434 EXTENSION OF THE WARRANTY PERIOD ON AN EXISTING

MAINTENANCE BOND #70180287 IN THE AMOUNT OF $49,078.96 BY CORNERSTONE SITE SERVICES, LLC. FOR ONE YEAR FOR ROADWAY ASPHALT REPAIRS ON SEGMENTS OF MARSH LANE & LIMERICK ROAD IN SHADOW CREEK SUBDIVISION, PHASE 8, SECTION 2.


***** ***** OCTOBER 15, 2019

Jerry Borcherding, Transportation department, spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to extension of the warranty period on an existing maintenance bond #70180287 in the amount of $49,078.96 by Cornerstone Site Services, LLC. for one year for roadway asphalt repairs on segments of Marsh Lane & Limerick Road in Shadow Creek subdivision, Phase 8, Section 2. All present voted “Aye.” MOTION PASSED 34435 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT FOR

ENGINEERING SERVICES BETWEEN HAYS COUNTY AND HDR ENGINEERING, INC.IN THE AMOUNT OF $800,000 FOR ENVIRONMENTAL DOCUMENTATION, DESIGN SCHEMATIC, RIGHT-OF-WAY DETERMINATION AND MAPPING FOR GRADE SEPARATION OF KOHLERS

CROSSING AND UPRR, A HAYS COUNTY 2016 ROAD BOND PROJECT AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Jones spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Contract for Engineering Services between Hays County and HDR Engineering, Inc.in the amount of $800,000 for environmental documentation, design schematic, right-of-way determination and mapping for grade separation of Kohlers Crossing and UPRR, a Hays County 2016 Road Bond Project and amend the budget accordingly. All present voted “Aye.” MOTION PASSED 34436 GRANT A VARIANCE FROM CHAPTER 721.4.01 OF THE HAYS COUNTY

DEVELOPMENT REGULATIONS FOR THE DRIFTWOOD GOLF AND RANCH CLUB SUBDIVISION.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to grant a variance from Chapter 721.4.01 of the Hays County Development Regulations for the Driftwood Golf and Ranch Club Subdivision. All present voted “Aye.” MOTION PASSED 34437 CONSIDER A VARIANCE FROM THE HAYS COUNTY DEVELOPMENT

REGULATIONS CHAPTER 721, SUBCHAPTER 5.07 REGARDING SHARED ACCESS DRIVEWAY OF SUB-1370; GRANT HARRIS SUBDIVISION S.

Colby Machacek, and Caitlyn Strickland, Development Services, Mark Kennedy, General Counsel, and Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to consider a variance from the Hays County Development Regulations Chapter 721, Subchapter 5.07 regarding Shared Access Driveway OF SUB-1370; Grant Harris Subdivision S. All present voted “Aye.” MOTION PASSED 34438 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A $4,500 REQUEST FOR

SERVICE FORM (RFS) WITH TYLER TECHNOLOGIES RELATED TO THE COUNTY WIDE NEW WORLD ERP FINANCIAL SOFTWARE UPGRADE.

Jeff McGill, Information Technology spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute a $4,500 Request for Service form (RFS) with Tyler Technologies related to the County Wide New World ERP Financial Software upgrade. All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 15, 2019

34439 AUTHORIZE PAYMENT TO G.T. DISTRIBUTIONS, INC. FOR THE CONSTABLE PCT. 5 OFFICE RELATED TO THE PURCHASE OF THREE (3) COOLCOP A/C DASH ATTACHMENTS TO INSTALL IN LAW ENFORCEMENT VEHICLES FOR $179.85.

Jerry Borcherding, Transportation Department, Marisol Villarreal-Alonzo, Auditor’s Office, Deputy Grumbles, Commissioner Ingalsbe, Commissioner Jones, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize payment to G.T. Distributions, Inc. for the Constable Pct. 5 Office related to the purchase of three (3) CoolCop A/C Dash attachments to install in Law Enforcement Vehicles for $179.85. All present voted “Aye.” MOTION PASSED 34440 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE OFFICE

OF THE GOVERNOR CRIMINAL JUSTICE DIVISION FOR THE HAYS COUNTY MENTAL HEALTH CRISIS INTERVENTION PROJECT IN THE AMOUNT OF $62,304 AND AMEND THE BUDGET ACCORDINGLY.

Efren Chavez, Grants Department, and Commissioner Smith spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the acceptance of a grant award from the Office of the Governor Criminal Justice Division for the Hays County Mental Health Crisis Intervention project in the amount of $62,304 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED 34441 AUTHORIZE COMMERCIAL OSSF PERMIT AND GRANT A VARIANCE TO

SECTION 10-W(6) OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES AT 4901 W HWY 290, DRIPPING SPRINGS, TEXAS 78620.

Caitlyn Strickland, Development Services, spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize Commercial OSSF Permit and grant a variance to Section 10-W(6) of the Hays County Rules for On-Site Sewage Facilities at 4901 W Hwy 290, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED 34442 APPROVE A RESOLUTION OF SUPPORT FOR THE FORMER ALBA RANCH

TO BE FORMALLY RECOGNIZED BY THE TEXAS HISTORICAL COMMISSION’S UNDERTOLD MARKER DESIGNATION.

Gina Alba Rogers spoke of her family history on the ranch. Commissioner Smith spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to approve a resolution of support for the former Alba Ranch to be formally recognized by the Texas Historical Commission’s Undertold marker designation. All present voted “Aye.” MOTION PASSED 42. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF

THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PERFORMANCE AND DUTIES OF THE VETERANS SERVICE OFFICER, EMERGENCY SERVICES DIRECTOR, IT DIRECTOR, HUMAN RESOURCES DIRECTOR, TRANSPORTATION


***** ***** OCTOBER 15, 2019

DIRECTOR, GENERAL COUNSEL, DIRECTOR OF COUNTYWIDE OPERATIONS AND DEVELOPMENT SERVICES DIRECTOR.

Court convened into Executive Session 12:05 p.m. to 12:56 p.m. Then reconvened into open court at 12:59 p.m. No action taken. 43. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF

THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY REGARDING PARKS AND OPEN SPACE WITHIN HAYS COUNTY.

Court convened into Executive Session 11:07 a.m. to 11:48 a.m., and reconvened into Executive Session from 11:51 a.m. to 12:05 p.m. No action taken. 34443 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF

THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG PROPOSED FM110 IN PCT. 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

Court convened into Executive Session from 11:03 a.m. to 11:07 a.m. Then reconvened into Executive Session once more from 11:48 a.m. to 11:51 a.m. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith for the purchase, exchange or value of Right of Way along proposed FM110 in Pct. 1. All present voted “Aye.” MOTION PASSED 45. ACTION RELATED TO THE BURN BAN AND/OR DISASTER

DECLARATION. Judge Becerra announced the burn ban would continue. No action taken. 46. HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT

POPULATION COUNTS AND COSTS. Judge Becerra read the inmate population updates. No action taken.

Clerk’s Note Agenda Item #47 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #48 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED.

Clerk’s Note Agenda Item #49 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW

– WAS PULLED.


***** ***** OCTOBER 15, 2019

ADJOURNMENT A motion was made by Commissioner Shell, seconded by Commissioner Jones to adjourn court at 1:02 p.m.






HAYS COUNTY, TEXAS


***** ***** OCTOBER 22, 2019

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 22nd DAY OF OCTOBER A.D., 2019, THE COMMISSIONERS' COURT OF HAYS


TO-WIT:






THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Elder Michael Myers gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS Dan Lyon, Hays county residents, made public comments. Sheriff Gary Cutler announced the Sheriff’s office T-shirt fundraiser to help support the efforts of the American Cancer Society.

1. UPDATE BY CHARLIE CAMPISE ON THE OCTOBER 2019 HILL COUNTRY

MENTAL HEALTH DEVELOPMENT DISABILITIES BOARD MEETING. Charlie Campise presented an update from the board meeting. Commissioner Smith, Commissioner Ingalsbe, Commissioner Jones, and Judge Becerra spoke on this item. No action taken.

2 UPDATE BY CODI NEWSON ON THE HAYS COUNTY PUBLIC SAFETY BOND

PROGRAM. Codi Newson and Edward Willis gave a power point presentation to the court of the Hays County safety bond program. They gave an update on the progress of the building projects. Mark Kennedy, General Counsel, Commissioner Smith, Commissioner Ingalsbe, Commissioner Jones, and Judge Becerra spoke on this item. No action taken.


34444 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of County invoices. All present voted “Aye.” MOTION PASSED 34445 APPROVE PAYMENTS OF JUROR CHECKS.


***** ***** OCTOBER 22, 2019

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones approve payments of Juror checks. All present voted “Aye.” MOTION PASSED 34446 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED 34447 APPROVE COMMISSIONERS COURT MINUTES OF OCTOBER 15, 2019. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones approve Commissioners Court Minutes of October 15, 2019. All present voted “Aye.” MOTION PASSED 34448 APPROVE THE REAPPOINTMENTS OF ANDY CABLE, JOHN ANDERSON

AND SCOTT BROWN FOR EMERGENCY SERVICES DISTRICT #7, TERM ENDING DECEMBER 31, 2021.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones approve the reappointments of Andy Cable, John Anderson and Scott Brown for Emergency Services District #7, term ending December 31, 2021. All present voted “Aye.” MOTION PASSED 34449 AUTHORIZE PAYMENT TO MCKESSON MEDICAL-SURGICAL INC. IN THE

AMOUNT OF $5,492.52 FOR THE PURCHASE OF ANNUAL EMPLOYEE FLU

VACCINES WHERE NO PURCHASE ORDER WAS ISSUED AS PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones authorize payment to McKesson Medical-Surgical Inc. in the amount of $5,492.52 for the purchase of annual employee flu vaccines where no purchase order was issued as per County Purchasing Policy. All present voted “Aye.” MOTION PASSED 34450 APPROVE SPECIFICATIONS FOR IFB 2020-B03 CHAPARRAL PARK ROAD

AT LITTLE BEAR CREEK AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones approve specifications for IFB 2020-B03 Chaparral Park Road at Little Bear Creek and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED 34451 AUTHORIZE THE COUNTY JUDGE TO EXECUTE GENERAL AND NO

LITIGATION CERTIFICATES OF HAYS COUNTY RELATED TO THE ISSUANCE OF BONDS BY CAPITAL AREA HOUSING FINANCE CORPORATION FOR RIVERSTONE, AURO CROSSING APARTMENTS, LEGACY SENIOR RESIDENCES AND RESIDENCES OF STILLWATER.


***** ***** OCTOBER 22, 2019

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones authorize the County Judge to execute General and No Litigation Certificates of Hays County related to the issuance of bonds by Capital Area Housing Finance Corporation for Riverstone, Auro Crossing Apartments, Legacy Senior Residences and Residences of Stillwater. All present voted “Aye.” MOTION PASSED 34452 AUTHORIZE THE COUNTY CLERK TO PRE-PAY $1,990 FOR AN ANNUAL

ENTERPRISE SUBSCRIPTION SERVICE WITH FRED PRYOR SEMINARS RELATED TO CONTINUING EDUCATION TRAINING FOR TEN (10) STAFF MEMBERS.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones authorize the County Clerk to pre-pay $1,990 for an annual Enterprise Subscription Service with Fred Pryor Seminars related to continuing education training for ten (10) staff members. All present voted “Aye.” MOTION PASSED 34453 AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO UTILIZE

FY20 BUDGETED FUNDS ($12K POWER WASHER) TO PURCHASE LAWN MAINTENANCE EQUIPMENT ($9,021 ZERO-TURN MOWER AND TRAILER) FOR A SAVINGS OF $2,979 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe authorize the Building Maintenance Department to utilize FY20 budgeted funds ($12k power washer) to purchase lawn maintenance equipment ($9,021 zero-turn mower and trailer) for a savings of $2,979 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED 34454 APPROVE UTILITY PERMITS. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe approve Utility Permits. All present voted “Aye.” MOTION PASSED 34455 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE

TEXAS VETERANS COMMISSION, FUND FOR VETERANS' ASSISTANCE FOR THE HAYS COUNTY VOLUNTEER VETERANS AT SCHOOLS PROGRAM.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe authorize the submission of a grant application to the Texas Veterans Commission, Fund for Veterans' Assistance for the Hays County Volunteer Veterans at Schools Program. All present voted “Aye.” MOTION PASSED

34456 AUTHORIZATION TO EXECUTE THE PROGRAMMATIC EXTENSION OF

THE FEDERAL FISCAL YEAR (FFY) 2019 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) TO MARCH 31, 2020.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe authorization to execute the programmatic extension of the Federal Fiscal Year (FFY) 2019 Emergency Management Performance Grant (EMPG) to March 31, 2020. All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 22, 2019

34457 APPROVE THE TRANSFER OF A 2008 DODGE CHARGER FROM THE SHERIFF'S OFFICE TO THE CRIMINAL DISTRICT ATTORNEY'S OFFICE.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe approve the transfer of a 2008 Dodge Charger from the Sheriff's Office to the Criminal District Attorney's Office. All present voted “Aye.” MOTION PASSED 34458 APPROVE OUT OF STATE TRAVEL UTILIZING EQUITABLE SHARING

FUNDS (FEDERAL FORFEITURE PROCEEDS) FOR DETECTIVE KELLY WOODARD TO ATTEND THE DRUG ENFORCEMENT ADMINISTRATION AWARDS CEREMONY IN QUANTICO, VIRGINIA ON NOVEMBER 4-6, 2019.

Dan Lyon commented on this item. Judge Becerra spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe approve out of state travel utilizing Equitable Sharing Funds (federal forfeiture proceeds) for Detective Kelly Woodard to attend the Drug Enforcement Administration Awards Ceremony in Quantico, Virginia on November 4-6, 2019. All present voted “Aye.” MOTION PASSED 34459 ADOPT A RESOLUTION NOMINATING JENIFER O'KANE AS A CANDIDATE

FOR THE CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS. Dan Lyon commented on this item. Mark Kennedy, General Counsel, Commissioner Jones, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Smith adopt a resolution nominating Jenifer O'Kane as a candidate for the Central Appraisal District Board of Directors. All present voted “Aye.” MOTION PASSED 34460 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER #2 OF

THE AGREEMENT BETWEEN HAYS COUNTY AND TURNER CONSTRUCTION FOR WORK RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND PROJECT.

Commissioner Ingalsbe spoke, Commissioner Shell, and Judge Becerra spoke. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute Change Order #2 of the Agreement between Hays County and Turner Construction for work related to the Hays County Public Safety Bond Project. All present voted “Aye.” MOTION PASSED 34461 AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADDENDUM 1: REVISION

V1.1 OF THE PROJECT EXECUTION PLAN FOR WORK RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND PROJECTS.

Commissioner Ingalsbe, Commissioner Smith, Commissioner Shell, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute Addendum 1: Revision v1.1 of the Project Execution Plan for work related to the Hays County Public Safety Bond projects. All present voted “Aye.” MOTION PASSED 34462 AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADDITIONAL SERVICE

REQUEST NO. 14 WITH HOK FOR WORK RELATED TO THE HAYS


***** ***** OCTOBER 22, 2019

COUNTY PUBLIC SAFETY BOND PROJECTS IN THE AMOUNT OF $179,043.

Commissioner Ingalsbe, Commissioner Smith, Commissioner Shell, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute Additional Service Request No. 14 with HOK for work related to the Hays County Public Safety Bond projects in the amount of $179,043. All present voted “Aye.” MOTION PASSED 34463 AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADDITIONAL SERVICE

REQUEST NO. 01 WITH ECM FOR WORK RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND PROJECTS.

Commissioner Shell made a statement to recuse himself and left the room during this item. Codi Newson, Safety Bond Project, presented on this item. Mark Kennedy, General Counsel, spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute Additional Service Request No. 01 with ECM for work related to the Hays County Public Safety Bond projects. All present voted “Aye.” MOTION PASSED 34464 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A $200K CONTRACT

WITH BINKLEY & BARFIELD, INC. FOR UTILITY COORDINATION SERVICES RELATED TO THE FM 621 (STAPLES ROAD) PROJECT AS PART OF THE HAYS COUNTY 2016 ROAD BOND PROJECT AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a $200k Contract with Binkley & Barfield, Inc. for utility coordination services related to the FM 621 (Staples Road) project as part of the Hays County 2016 Road Bond Project and amend the budget accordingly. All present voted “Aye.” MOTION PASSED 34465 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A $150K CONTRACT

WITH BINKLEY & BARFIELD, INC. FOR UTILITY COORDINATION SERVICES RELATED TO THE OLD BASTROP (CR 266) PROJECT AS PART OF THE HAYS COUNTY 2016 ROAD BOND PROJECT AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the county Judge to execute a $150k Contract with Binkley & Barfield, Inc. for utility coordination services related to the Old Bastrop (CR 266) project as part of the Hays County 2016 Road Bond Project and amend the budget accordingly. All present voted “Aye.” MOTION PASSED 34466 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LJA ENGINEERING, INC FOR ENVIRONMENTAL AND RIGHT OF WAY SERVICES FOR THE DESIGN OF A SHARED USE PATH ALONG DACY LANE IN PRECINCTS 1 AND PRECINCT 2 IN AN AMOUNT NOT TO EXCEED $495,794.70.


***** ***** OCTOBER 22, 2019

Mark Kennedy noted court grants discretionary exemption from bidding under Texas Local Government Code 262.024 (a)(4). An amended motion was made to include the Government Code 262.024 (a)(4) by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and LJA Engineering, Inc. for environmental and right of way services for the design of a shared use path along Dacy Lane in Precincts 1 and Precinct 2 in an amount not to exceed $495,794.70. All present voted “Aye.” MOTION PASSED 34467 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT FOR THE

DEVELOPMENT SERVICES DEPARTMENT BETWEEN HAYS COUNTY AND ESRI SOFTWARE FOR GIS ENTERPRISE SMALL GOVERNMENT LICENSES APPROVED IN THE 2020 FISCAL YEAR BUDGET.

Mark Kennedy noted court grants discretionary exemption from bidding under Texas Local Government Code 262.024 (a)(7)(D). An amended motion was made to include the Government Code 262.024 (a)(7)(D) by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a contract for the Development Services Department between Hays County and ESRI Software for GIS Enterprise Small Government licenses approved in the 2020 Fiscal Year Budget. All present voted “Aye.” MOTION PASSED 34468 AUTHORIZE THE EXECUTION OF THE HAYS COUNTY HAZMAT TEAM

MONITOR MAINTENANCE GRANT FROM THE OFFICE OF THE GOVERNOR HOMELAND SECURITY GRANTS DIVISION IN THE AMOUNT OF $20,000 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the execution of the Hays County HazMat Team Monitor Maintenance grant from the Office of the Governor Homeland Security Grants Division in the amount of $20,000 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED 34469 AUTHORIZE THE EXECUTION OF THE HAYS COUNTY SWAT TEAM

CAPABILITY IMPROVEMENTS GRANT FROM THE OFFICE OF THE GOVERNOR HOMELAND SECURITY GRANTS DIVISION IN THE AMOUNT OF $104,860 AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Shell and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the execution of the Hays County SWAT Team Capability Improvements grant from the Office of the Governor Homeland Security Grants Division in the amount of $104,860 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED 34470 AUTHORIZE THE EXECUTION OF THE VICTIM ASSISTANCE

COORDINATOR GRANT FROM THE OFFICE OF THE CRIMINAL JUSTICE DIVISION IN THE AMOUNT OF $110,859.93.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the execution of the Victim Assistance Coordinator grant from the Office of the Criminal Justice Division in the amount of $110,859.93. All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 22, 2019


FUNDING AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN HAYS COUNTY AND BARTON SPRINGS EDWARDS AQUIFER CONSERVATION DISTRICT (BSEACD) RELATED TO THE STUDY OF THE TRINITY AQUIFERS IN HAYS COUNTY AND THE REGION FOR $58,000.

Dr. Brian A. Smith and Alecia Martinez of the BSEACD presented to the court using power point. Commissioner Shell and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge to execute an Interlocal Funding Agreement and Memorandum of Understanding between Hays County and Barton Springs Edwards Aquifer Conservation District (BSEACD) related to the study of the Trinity Aquifers in Hays County and the region for $58,000. All present voted “Aye.” MOTION PASSED 34472 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT

BETWEEN HAYS COUNTY AND SWAGIT PRODUCTIONS, LLC FOR VIDEO STREAMING SERVICE IN THE COMMISSIONERS COURTROOM AND AMEND THE BUDGET ACCORDINGLY.

Elaine Cardenas, County Clerk spoke to the court about the new streaming service. Mark Kennedy, General Counsel, Marisol Villarreal, Auditors Office, Janice Jones, Office of General Counsel, Tammy Crumley, County Wide Operations, Commissioner Ingalsbe, Commissioner Shell, and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the County Judge to execute an agreement between Hays County and Swagit Productions, LLC for Video Streaming Service in the Commissioners Courtroom and amend the budget accordingly. All present voted “Aye.” MOTION PASSED 34473 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE

TEXAS VETERANS COMMISSION IN THE AMOUNT OF $100,000 FOR THE HEALTHCARE LIAISON POSITION AND EMERGENCY FINANCIAL ASSISTANCE FOR THE VETERAN SERVICES OFFICE TO ASSIST VETERANS AND THEIR DEPENDENTS.

Jude Prather, Veterans Services, presented to the court about this item. Commissioner Shell and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the submission of a grant application to the Texas Veterans Commission in the amount of $100,000 for the Healthcare Liaison position and Emergency Financial Assistance for the Veteran Services Office to assist veterans and their dependents. All present voted “Aye.” MOTION PASSED 34474 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE

TEXAS VETERANS COMMISSION FOR $300,000 FOR THE CONTINUED SERVICES OF THE VETERANS TREATMENT COURT.

Jude Prather, Veterans Services, presented to the court about this item. Commissioner Shell and Commissioner Smith spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the submission of a grant application to the Texas Veterans Commission for $300,000 for the continued services of the Veterans Treatment Court. All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 22, 2019

Court convened into Executive Session 11:02 a.m. Then reconvened into open court at 11:53 a.m. 34 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE

TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PERFORMANCE AND DUTIES OF THE VETERANS SERVICE OFFICER, EMERGENCY SERVICES DIRECTOR, IT DIRECTOR, HUMAN RESOURCES DIRECTOR, TRANSPORTATION DIRECTOR, GENERAL COUNSEL, DIRECTOR OF COUNTYWIDE OPERATIONS AND DEVELOPMENT SERVICES DIRECTOR.

No action was taken.


THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG DACY LANE IN PCT 1 & PCT 2. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

Motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a purchase agreement between Hays County and landowners on Parcel 43, related to right of way acquisition along Dacy Lane in Precinct 1, as presented in Executive Session. All present voted “Aye.” MOTION PASSED Motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a purchase agreement between Hays County and landowners on Parcel 53, related to right of way acquisition along Dacy Lane in Precinct 1, as presented in Executive Session. All present voted “Aye.” MOTION PASSED Motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a purchase agreement between Hays County and landowners on Parcel 42, related to right of way acquisition along Dacy Lane in Precinct 1, as presented in Executive Session. All present voted “Aye.” MOTION PASSED

Motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a purchase agreement between Hays County and landowners on Parcel 60, related to right of way acquisition along Dacy Lane in Precinct 1, as presented in Executive Session. All present voted “Aye.” MOTION PASSED

Clerk’s Note Agenda Item #36 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – WAS PULLED. 37 DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO

INCLUDE CURRENT POPULATION COUNTS AND COSTS. Judge Becerra gave an update for the inmate population. No action was taken.


***** ***** OCTOBER 22, 2019

Clerk’s Note Agenda Item #38 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #39 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED.

Clerk’s Note Agenda Item #40 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW

– WAS PULLED.

ADJOURNMENT A motion was made by Commissioner Jones at 11:54 a.m






HAYS COUNTY, TEXAS


***** ***** OCTOBER 29, 2019

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 29th DAY OF OCTOBER A.D., 2019, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Chaplin Javier Maldonado, CTMC, gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon, Hays county residents, made public comments. Sara Lee Underwood Myers made public comments about Arbor Day and the tree give-away program.

1. PRESENTATION OF HAYS COUNTY SERVICE AWARDS. 5 year service awards were presented to Efren Chavez, County Wide Operations, Patricia Gomez, County Clerk’s office, and Jordan Powell, General Counsel. 10 year service awards were presented to Patrick Ortiz, Sheriff’s Office, and Jeffrey Spencer, Sheriff’s office. 15 year service awards were presented to Mark Kennedy, General Counsel, and Juan Martinez, Juvenile Probation. 20 year service awards were presented to Danny Lombardo, Sheriff’s Office. 25 year service awards were presented to Robert Molina, Transportation. 35 year service awards were presented to Joanne Prado, Justice of the Peace Precinct 1.1. Retirement Service awards were presented to Laura Hernandez, Juvenile Probation, and Robert Fiore, Sheriff’s office.

34476 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 34477 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of Juror checks. All present voted “Aye.” MOTION PASSED. 34478 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED. 34479 APPROVE COMMISSIONERS COURT MINUTES OF OCTOBER 22, 2019. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve Commissioners Court Minutes of October 22, 2019. All present voted “Aye.” MOTION PASSED. 34480 APPROVE THE PAYMENT OF THE OCTOBER 31, 2019 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,900,000.00 EFFECTIVE OCTOBER 31, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of the October 31, 2019 payroll disbursements in an amount not to exceed $3,900,000.00 effective October 31, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION.


***** ***** OCTOBER 29, 2019

34481 CONFIRM HAYS COUNTY'S POLICY FOR HISTORICALLY UNDERUTILIZED BUSINESSES AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE TXDOT FORM 2395, A MEMORANDUM OF UNDERSTANDING WITH TXDOT CONFIRMING HAYS COUNTY'S ADOPTION OF THE STATE'S FEDERALLY APPROVED DISADVANTAGED BUSINESS ENTERPRISE PROGRAM AND HAYS COUNTY'S INTENTION TO FOLLOW SAID PROGRAM.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to confirm Hays County's Policy for Historically Underutilized Businesses and authorize the County Judge to execute TXDOT Form 2395, a Memorandum of Understanding with TxDOT confirming Hays County's adoption of the State's federally approved Disadvantaged Business Enterprise Program and Hays County's intention to follow said Program. All present voted “Aye.” MOTION PASSED.

34482 APPROVE UTILITY PERMITS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve Utility Permits. All present voted “Aye.” MOTION PASSED. 34483 AUTHORIZE PAYMENT TO STAR ASSET SECURITY IN THE AMOUNT OF

$2,160.91 FOR REPAIRS TO THE GOVERNMENT CENTER FIRE PANEL POWER SUPPLY WHERE NO PURCHASE ORDER WAS ISSUED AS PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize payment to STAR Asset Security in the amount of $2,160.91 for repairs to the Government Center fire panel power supply where no purchase order was issued as per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34484 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 7

OFFICE/WAREHOUSE BUILDINGS LOCATED AT 22601 RANCH ROAD 12, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to Authorize On-Site Sewage Facility Permit for 7 office/warehouse buildings located at 22601 Ranch Road 12, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED. 34485 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO REPLACE A

BUDGETED COUNTY ISSUED PHONE WITH A $45 MONTHLY TELEPHONE ALLOWANCE EFFECTIVE NOVEMBER 1, 2019 FOR THE CHIEF JUVENILE PROBATION OFFICER, SLOT NUMBER 0950-001 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Juvenile Probation Department to replace a budgeted county issued phone with a $45 monthly telephone allowance effective November 1, 2019 for the Chief Juvenile Probation Officer, slot number 0950-001 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34486 AUTHORIZE PAYMENT OF $853.44 TO CARD SERVICES RELATED TO

BUDGETED HOTEL FEES ASSOCIATED WITH TWO DISTRICT COURT ASSISTANT COUNTY ADMINISTRATORS ATTENDANCE AT THE TEXAS ASSOCIATION FOR COURT ADMINISTRATION (TACA) 43RD ANNUAL EDUCATION CONFERENCE IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize payment of $853.44 to Card Services related to budgeted hotel fees associated with two District Court Assistant County Administrators attendance at the Texas Association for Court Administration (TACA) 43rd Annual Education Conference in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34487 APPROVE THE APPOINTMENT OF JUSTIN MCINNIS TO THE HAYS

CONSOLIDATED INDEPENDENT SCHOOL DISTRICT (HAYS CISD) SAFETY


***** ***** OCTOBER 29, 2019

AND SECURITY COMMITTEE AS REQUIRED BY SECTION 37.109 OF THE TEXAS EDUCATION CODE.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe approve the appointment of Justin McInnis to the Hays Consolidated Independent School District (Hays CISD) Safety and Security Committee as required by Section 37.109 of the Texas Education Code. All present voted “Aye.” MOTION PASSED. 34488 APPROVE SPECIFICATIONS FOR RFQ 2020-Q02 LIME KILN ROAD CE&I

PROFESSIONAL SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve specifications for RFQ 2020-Q02 Lime Kiln Road CE&I Professional Services and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

34489 APPROVE SPECIFICATIONS FOR RFP 2020-P03 INMATE COMMISSARY SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve specifications for RFP 2020-P03 Inmate Commissary Services and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED 34490 ACCEPT THE VEGETATION COVERAGE, THE RELEASE OF THE

REVEGETATION BOND #HSIFSU0704229 IN THE AMOUNT OF $2,186.60 FOR REUNION RANCH SUBDIVISION, PHASE 3, SECTION 2, AND THE REVEGETATION BOND #HSIFSU0704229 IN THE AMOUNT OF $1,659.50 FOR REUNION RANCH SUBDIVISION, PHASE 3, SECTION 5.

Commissioner Jones spoke of an email sent by Jerry Borcherding, Transportation Director, stating staff recommendation for the bonds. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe accept the vegetation coverage, the release of the revegetation bond #HSIFSU0704229 in the amount of $2,186.60 for Reunion Ranch subdivision, Phase 3, Section 2, and the revegetation bond #HSIFSU0704229 in the amount of $1,659.50 for Reunion Ranch subdivision, Phase 3, Section 5. All present voted “Aye.” MOTION PASSED. 34491 ACCEPT ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS, ACCEPT

THE 2-YEAR MAINTENANCE BOND #PB030168000375 IN THE AMOUNT OF $125,332.00, AND ACCEPT THE 1-YEAR REVEGETATION BOND #PB030168000375 IN THE AMOUNT OF $17,066.00 FOR PARTEN RANCH SUBDIVISION, PHASE 2.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to accept road construction & drainage improvements, accept the 2-year maintenance bond #PB030168000375 in the amount of $125,332.00, and accept the 1-year revegetation bond #PB030168000375 in the amount of $17,066.00 for Parten Ranch subdivision, Phase 2. All present voted “Aye.” MOTION PASSED.

34492 RELEASE OF THE MAINTENANCE BOND #1045271 IN THE AMOUNT OF

$352,823.51, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR CROSSWINDS SUBDIVISION, PHASE 1, SECTION 1.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe release of the maintenance bond #1045271 in the amount of $352,823.51, and the acceptance of roads into the county road maintenance system for Crosswinds subdivision, Phase 1, Section 1. All present voted “Aye.” MOTION PASSED 34493 APPROVE ADVANCE FUNDING AGREEMENT REGARDING THE FM 110

PROJECT FROM FM 621 TO THE CALDWELL COUNTY LINE AMONG HAYS COUNTY, TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) AND THE MARTINDALE WATER SUPPLY CORPORATION TO EFFECT THE RELOCATION OF WATERLINE FACILITIES AS PART OF THE FM 110 CONSTRUCTION PROJECT AND AUTHORIZE THE COUNTY JUDGE TO


***** ***** OCTOBER 29, 2019

EXECUTE THE ADVANCE FUNDING AGREEMENT ON BEHALF OF HAYS COUNTY FOR $119,436.70.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe approve Advance Funding Agreement regarding the FM 110 project from FM 621 to the Caldwell County Line among Hays County, Texas Department of Transportation (TxDOT) and the Martindale Water Supply Corporation to effect the relocation of waterline facilities as part of the FM 110 construction project and authorize the County Judge to execute the Advance Funding Agreement on behalf of Hays County for $119,436.70. All present voted “Aye.” MOTION PASSED 34494 APPROVE AWARD OF IFB 2019-B08 EMULSION OILS TO ERGON

ASPHALT & EMULSIONS, INC. AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE SAME.

A motion was made by Commissioner Jones seconded by Commissioner Shell approve award of IFB 2019-B08 Emulsion Oils to Ergon Asphalt & Emulsions, Inc. and authorize the County Judge to execute same. All present voted “Aye.” MOTION PASSED. 34495 AWARD CONTRACTS FOR IFB 2019-B04 ROAD BUILDING MATERIALS -

COLD MIX MATERIALS TO VULCAN CONSTRUCTION MATERIALS, LLC, AND COLORADO MATERIALS, LTD AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE SAME.

A motion was made by Commissioner Jones seconded by Commissioner Shell to award contracts for IFB 2019-B04 Road Building Materials - Cold Mix Materials to Vulcan Construction Materials, LLC, and Colorado Materials, LTD and authorize the County Judge to execute same. All present voted “Aye.” MOTION PASSED

34496 AWARD CONTRACTS FOR IFB 2019-B03 ROAD BUILDING MATERIALS -

HOT MIX TO CENTURY ASPHALT, LTD., COLORADO MATERIALS, LTD., BRUNTEX MATERIALS, INC. AND TEXAS MATERIALS GROUP AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE SAME.

A motion was made by Commissioner Jones seconded by Commissioner Shell to award contracts for IFB 2019-B03 Road Building Materials - Hot Mix to Century Asphalt, Ltd., Colorado Materials, Ltd., Bruntex Materials, Inc. and Texas materials Group and authorize the County Judge to execute same. All present voted “Aye.” MOTION PASSED

34497 AUTHORIZE THE PARKS DEPARTMENT TO UTILIZE BUDGETED PARK

BOND FUNDS FOR THE REPAIR OF THE HISTORIC WEIR LOCATED WITHIN JACOB'S WELL IN THE AMOUNT OF $32,285.60 AND AMEND THE BUDGET ACCORDINGLY.

Mark Kennedy, General Counsel, Tammy Crumley, County Wide Operations, and Commissioner Shell spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the Parks Department to utilize budgeted Park Bond Funds for the repair of the historic weir located within Jacob's Well in the amount of $32,285.60 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED

34498 APPOINT THE MEMBERS OF THE HAYS COUNTY CITIZENS ELECTIONS

COMMISSION. Alex Villalobos, Chief of Staff, Jennifer Anderson, Elections Administrator, Commissioner Smith, Commissioner Jones, Commissioner Inglasbe, Commissioner Shell, and Judge Becerra spoke on this item. Commissioner Ingalsbe designated Roland Saucedo and Diane Hervol, Judge Becerra designed Arthur Taylor and Linda Tenorio as members of the Hays County Citizens Elections Commission. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to nominate Sandra Tenorio as the rural representative of the Hays County Citizens Elections Commission. All present voted “Aye.” MOTION PASSED

A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to nominate Sam Tovar as the disabilities representative of the Hays County Citizens Elections Commission All present voted “Aye.” MOTION PASSED


***** ***** OCTOBER 29, 2019

34499 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT BETWEEN HAYS COUNTY AND FJC: A FOUNDATION OF PHILANTHROPIC FUNDS, A NONPROFIT ORGANIZATION, OTHERWISE KNOWN AS "MYPADILLA" REGARDING THE REGIONAL PADILLA COMPLIANCE PILOT PROJECT TO BE PAID FOR BY A TECHNICAL ASSISTANCE GRANT AWARDED BY THE TEXAS INDIGENT DEFENSE COMMISSION (TIDC) IN THE AMOUNT OF $326,400.

Julie Wimmer, Representative of “myPadilla”, Alex Villalobos, Chief of Staff, Commissioner Shell, and Commissioner Inglasbe spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Inglasbe to authorize the County Judge to execute an agreement between Hays County and FJC: A Foundation of Philanthropic Funds, a nonprofit organization, otherwise known as "myPadilla" regarding the Regional Padilla Compliance Pilot Project to be paid for by a Technical Assistance Grant awarded by the Texas Indigent Defense Commission (TIDC) in the amount of $326,400. All present voted “Aye.” MOTION PASSED


COOPERATION AGREEMENT BETWEEN THE CITY OF SAN MARCOS, CITY OF KYLE, CITY OF BUDA AND HAYS COUNTY RELATING TO THE MANAGEMENT AND OPERATION OF THE SAN MARCOS REGIONAL ANIMAL SHELTER.

Mark Kennedy, General Counsel, Commissioner Ingalsbe, and Commissioner Shell spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge to execute an Interlocal Cooperation Agreement between the City of San Marcos, City of Kyle, City of Buda and Hays County relating to the management and operation of the San Marcos Regional Animal Shelter. All present voted “Aye.” MOTION PASSED

Clerk’s Note: This item was reopened after Executive Session for a correction on the wording of the motion regarding the dollar amount. 34501 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT BETWEEN

HAYS COUNTY AND SAMSARA IN THE AMOUNT OF $9,294.00 REGARDING THE GPS TRACKING SYSTEM FOR ALL VEHICLES IN COUNTYWIDE OPERATIONS.

Tammy Crumley, Commissioner Smith, Commissioner Inglasbe, Commissioner Jones, and Judge Becerra spoke on this item. An amended motion was made by Commissioner Inglasbe seconded by Commissioner Shell to authorize the County Judge to execute a contract between Hays County and Samsara in the amount of $9,294.00 for year one regarding the GPS tracking system for all vehicles in Countywide Operations. All present voted “Aye.” MOTION PASSED

Court convened into Executive Session 10:10 a.m. Then reconvened into open court at 12:01 p.m. 28. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF

THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY REGARDING PARKS AND OPEN SPACE WITHIN HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.


Clerk’s Note: Court adjourned at 12:16 p.m. and was reopened into open session at 12:22 p.m. once all the Commissioners and Judge Becerra were present to make a motion on agenda item 29. The reopened session was not broadcast due to limited recording broadcasting software. Court Adjourned for the second time at 12:24 p.m. 34502 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF

THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PERFORMANCE AND DUTIES OF THE VETERANS SERVICE OFFICER, EMERGENCY SERVICES DIRECTOR, IT DIRECTOR, HUMAN RESOURCES DIRECTOR, TRANSPORTATION DIRECTOR, GENERAL COUNSEL, DIRECTOR OF COUNTYWIDE OPERATIONS, DEVELOPMENT SERVICES DIRECTOR, CHIEF OF STAFF,


***** ***** OCTOBER 29, 2019

ELECTION ADMINISTRATOR AND EXTENSION AGENTS. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT, INCLUDING BUT NOT LIMITED TO THE APPLICATION OF MERIT-BASED RAISES.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to adopt salary merit increases for Hays County Department Heads as documented with the County Treasurer’s Office and waive the application of merit procedures related to performance evaluations as needed. All present voted “Aye.” MOTION PASSED

30. EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS

GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT



THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG DACY LANE IN PCT 1 & PCT 2. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a purchase agreement between Hays County and landowners on Parcel 50, related to right of was acquisition along Dacy Lane in precinct 1, as presented in Executive Session. All present voted “Aye.” MOTION PASSED

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a purchase agreement between Hays County and landowners on Parcel 40, related to right of was acquisition along Dacy Lane in precinct 1, as presented in Executive Session. All present voted “Aye.” MOTION PASSED

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a purchase agreement between Hays County and landowners on Parcel 69, related to right of was acquisition along Dacy Lane in precinct 2, as presented in Executive Session. All present voted “Aye.” MOTION PASSED

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a purchase agreement between Hays County and landowners on Parcel 65, related to right of was acquisition along Dacy Lane in precinct 2, as presented in Executive Session. All present voted “Aye.” MOTION PASSED

34504 DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN

AND/OR DISASTER DECLARATION. Scott Raven, Fire Marshall, gave an update on the expiration of the burn ban and recommended a new burn ban be put in place. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to initiate a new burn ban. All present voted “Aye.” MOTION PASSED.

33. DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO

INCLUDE CURRENT POPULATION COUNTS AND COSTS. Judge Becerra gave an update for the inmate population. No action was taken. Clerk’s Note Agenda Item #34 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #35 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED.


***** ***** OCTOBER 29, 2019

Clerk’s Note Agenda Item #36 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW – WAS PULLED. ADJOURNMENT A motion was made by Commissioner Jones at 12:16 p.m







***** ***** NOVEMBER 5, 2019

STATE OF TEXAS *

COUNTY OF HAYS *

ON THIS THE 5TH DAY OF NOVEMBER A.D., 2019, IN THE HAYS COUNTY COURTHOUSE, 111

E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF

HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE

PRESENT, TO-WIT:







Commissioner Ingalsbe gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Gary Griffin, Dan Lyon, and Darrell W. Ayres made public comments.

34505 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Smith seconded by Commissioner Jones to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #2 RE: APPROVE PAYMENTS OF JUROR CHECKS. – WAS PULLED.

34506 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Smith seconded by Commissioner Jones to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED.

34507 APPROVE COMMISSIONERS COURT MINUTES OF OCTOBER 29,

2019.

A motion was made by Commissioner Smith seconded by Commissioner Jones to approve Commissioners Court Minutes of October 29, 2019. All present voted “Aye.” MOTION PASSED. 34508 APPROVE THE PAYMENT OF THE NOVEMBER 15, 2019 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,900,000.00 EFFECTIVE NOVEMBER 15, 2019 AND POST TOTALS FOR WAGES,


***** ***** NOVEMBER 5, 2019

WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Smith seconded by Commissioner Jones to approve the payment of the November 15, 2019 payroll disbursements in an amount not to exceed $2,900,000.00 effective November 15, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

34509 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR ONE OFFICE/WAREHOUSE BUILDING LOCATED AT 6121 POST ROAD,

KYLE, TEXAS 78640. A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for one office/warehouse building located at 6121 Post Road, Kyle, Texas 78640. All present voted “Aye.” MOTION PASSED.

34510 APPROVE UTILITY PERMITS. A motion was made by Commissioner Smith seconded by Commissioner Jones to approve Utility Permits. All present voted “Aye.” MOTION PASSED.

34511 AUTHORIZE THE SHERIFF'S OFFICE TO MOVE AN EMPLOYEE FROM CORRECTION OFFICER SLOT #0605-27 TO EMERGENCY

COMMUNICATIONS OFFICER SLOT #0515-12. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the Sheriff's Office to move an employee from Correction Officer Slot #0605-27 to Emergency Communications Officer Slot #0515-12. All present voted “Aye.” MOTION PASSED.

34512 APPROVE SPECIFICATIONS FOR RFQ 2020-Q03 ON-CALL CE&I PROFESSIONAL SERVICES AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Jones seconded by Commissioner Smith to approve specifications for RFQ 2020-Q03 On-Call CE&I Professional Services and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

34513 APPROVE SPECIFICATIONS FOR RFP 2020-P04 TRAFFIC COUNTER

INSPECTION & MAINTENANCE AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.


***** ***** NOVEMBER 5, 2019

A motion was made by Commissioner Jones seconded by Commissioner Smith to approve specifications for RFP 2020-P04 Traffic Counter Inspection & Maintenance and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

34514 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT

WITH TRANSUNION FOR INVESTIGATIVE SEARCHES FOR THE

SHERIFF'S OFFICE CRIMINAL INVESTIGATIONS DIVISION. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the County Judge to execute an agreement with TransUnion for investigative searches for the Sheriff's Office Criminal Investigations Division. All present voted “Aye.” MOTION PASSED.

34515 AUTHORIZE THE SHERIFF'S OFFICE TO IMPLEMENT ENHANCEMENTS TO THE GUARD1 TIMEKEEPING SYSTEM TOTALING $31,089.22 AS APPROVED IN THE FY 2020 BUDGET

AND AMEND THE BUDGET ACCORDINGLY. A motion was made by Commissioner Jones seconded by Commissioner Smith to Authorize the Sheriff's Office to implement enhancements to the Guard1 Timekeeping System totaling $31,089.22 as approved in the FY 2020 budget and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34516 AUTHORIZE PAYMENT TO GOVERNMENT FORMS & SERVICES FOR THE COUNTY CLERK'S OFFICE IN THE AMOUNT OF $516.76 FOR AN FY19 BUDGETED EXPENSE IN WHICH NO PURCHASE ORDER

WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY. Vickie Dorsett, Auditors office, Elaine Cardenas, County Clerk, and Commissioner Smith spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Smith to Authorize payment to Government Forms & Services for the County Clerk's Office in the amount of $516.76 for an FY19 budgeted expense in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED.


WITH ADVENTOS CORPORATION FOR SMARTFORCE SMARTCORRECTION JAIL SOFTWARE TOTALING $15,000 AND

AMEND THE BUDGET ACCORDINGLY. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the County Judge to execute an agreement with Adventos Corporation for SmartForce SmartCorrection Jail software totaling $15,000 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.


***** ***** NOVEMBER 5, 2019

34518 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND ONE-TIME WAIVER OF CONTRACTUAL TERMS BETWEEN HAYS COUNTY, THE HAYS COUNTY SHERIFF,

AND THE HAYS COUNTY LAW ENFORCEMENT ASSOCIATION. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the County Judge to execute a Memorandum of Understanding and One-Time Waiver of Contractual Terms between Hays County, the Hays County Sheriff, and the Hays County Law Enforcement Association. All present voted “Aye.” MOTION PASSED.

34519 AUTHORIZE THE ACCEPTANCE OF AN AWARD FROM THE BUREAU

OF JUSTICE ASSISTANCE (BJA) FOR THE FY2018 STATE

CRIMINAL ALIEN ASSISTANCE GRANT PROGRAM (SCAAP) IN THE AMOUNT OF $53,956.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the acceptance of an award from the Bureau of Justice Assistance (BJA) for the FY2018 State Criminal Alien Assistance Grant Program (SCAAP) in the amount of $53,956. All present voted “Aye.” MOTION PASSED.

34520 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO UTILIZE

FY20 BUDGETED FUNDS TO PURCHASE RECOGNITION AWARDS

($650) FOR THE COMMUNITY EMERGENCY RESPONSE TEAM (CERT) VOLUNTEERS.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the Office of Emergency Services to utilize FY20 budgeted funds to purchase Recognition Awards ($650) for the Community Emergency Response Team (CERT) Volunteers. All present voted “Aye.” MOTION PASSED.

34521 AUTHORIZE THE EXECUTION OF THE FY2020 STATEWIDE

AUTOMATED VICTIM NOTIFICATION SERVICES (SAVNS) MAINTENANCE GRANT CONTRACT IN THE AMOUNT OF $30,170.26.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the execution of the FY2020 Statewide Automated Victim Notification Services (SAVNS) Maintenance Grant Contract in the amount of $30,170.26. All present voted “Aye.” MOTION PASSED. 34522 ACCEPT LETTER OF CREDIT NO. 5308 FOR STREET AND

DRAINAGE IMPROVEMENTS FOR LA CIMA PHASE 1, SECTION 2 (108 LOTS) SUB-1205, IN THE AMOUNT OF $1,320,516.41.

Marcus Pacheco, Development services, spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Smith to accept Letter of Credit No. 5308 for street and drainage


***** ***** NOVEMBER 5, 2019

improvements for La Cima Phase 1, Section 2 (108 Lots) SUB-1205, in the amount of $1,320,516.41. All present voted “Aye.” MOTION PASSED.

34523 APPROVE PRELIMINARY PLAN FOR SUB-1354; RIVER OAKS OF

WIMBERLEY, UNIT 5, LOT 8A AND 9A SUBDIVISION (2 LOTS).

Marcus Pacheco, Development services, spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Smith to approve preliminary plan for SUB-1354; River Oaks of Wimberley, Unit 5, Lot 8A and 9A Subdivision (2 Lots). All present voted “Aye.” MOTION PASSED. 34524 AUTHORIZE THE CLOSURE OF ALL HAYS COUNTY PARKS ON

NOVEMBER 28, 2019, DECEMBER 25, 2019, JANUARY 1, 2020 AND APRIL 10, 2020.

Tammy Crumley, County Wide operations, spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the closure of all Hays County Parks on November 28, 2019, December 25, 2019, January 1, 2020 and April 10, 2020. All present voted “Aye.” MOTION PASSED.

34525 ADOPT A RESOLUTION TO CAST HAYS COUNTY'S 1,271 VOTES

FOR JENIFER O'KANE, CANDIDATE FOR THE HAYS CENTRAL

APPRAISAL DISTRICT BOARD OF DIRECTORS. Dan Lyon, Hays County resident, made public comments on this item. Mark Kennedy, General Counsel, Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to adopt a resolution to cast Hays County's 1,271 votes for Jenifer O'Kane, candidate for the Hays Central Appraisal District Board of Directors. All present voted “Aye.” MOTION PASSED. 34526 AWARD CONTRACTS FOR IFB 2020-B02 HAULING OF SOLID

WASTE TO TEXAS DISPOSAL SYSTEMS, INC. AND CENTRAL WASTE & RECYCLING.

Dan Lyon, Hays County resident, made public comments on this item. Tammy Crumley, County Wide operations, Commissioner Ingalsbe, Commissioner Shell, and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to award contracts for IFB 2020-B02 Hauling of Solid Waste to Texas Disposal Systems, Inc. and Central Waste & Recycling. All present voted “Aye.” MOTION PASSED.


AGREEMENT FOR HAYS COUNTY CONNECTIVITY TO AUSTIN

POLICE DEPARTMENT AUTOMATED PALM AND FINGERPRINT


***** ***** NOVEMBER 5, 2019

IDENTIFICATION SYSTEM (APFIS) BETWEEN HAYS COUNTY AND THE CITY OF AUSTIN.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute an Interlocal Agreement for Hays County Connectivity to Austin Police Department Automated Palm and Fingerprint Identification System (APFIS) between Hays County and the City of Austin. All present voted “Aye.” MOTION PASSED.

34528 GRANT A VARIANCE FROM HAYS COUNTY DEVELOPMENT

REGULATIONS CHAPTERS 705, 725, & 735 AND AUTHORIZE DEVELOPMENT SERVICES STAFF TO ISSUE A DEVELOPMENT AUTHORIZATION PERMIT FOR PROPERTY LOCATED AT 2021

STAGECOACH RANCH RD. Caitlyn Strickland, Development Services, Tom Pope, Development Services, Commissioner Smith, Commissioner Ingalsbe, and Judge Becerra spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Jones to grant a variance from Hays County Development Regulations Chapters 705, 725, & 735 and authorize Development Services staff to issue a development authorization permit for property located at 2021 Stagecoach Ranch Rd. All present voted “Aye.” MOTION PASSED.

Court convened into Executive Session 9:49 a.m. Then reconvened into open court at 11:02 a.m.



WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY REGARDING

PARKS AND OPEN SPACE WITHIN HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize General Counsel to execute all documents related to due diligence by the City of San Marcos on property owned by Hays County, located on San Antonio street in Precinct 1. 27. EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS

GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN

OPEN COURT. No action taken.




***** ***** NOVEMBER 5, 2019

WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG DACY LANE IN PCT 1 & PCT 2. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the Commissioner for Precinct 1 to execute a joint bid agreement and a utility relocation agreement between Hays County and Goforth special utility district, related to the relocation of utilities along Dacy Lane, in Precinct 1 and/or 2, as presented in Executive Session.

29. DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN

AND/OR DISASTER DECLARATION. Judge Becerra announced the recommendation from Scott Raven, Fire Marshall, to continue the burn ban. 30. DISCUSSION RELATED TO THE HAYS COUNTY INMATE

POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS.

Judge Becerra read the update of the Sheriff Cutler’s inmate population report. Clerk’s Note Agenda Item #31 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY

JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #32 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND

PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED.


PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW

– WAS PULLED.

ADJOURNMENT A motion was made by Commissioner Shell, seconded by Commissioner Jones to adjourn court at 11:05 a.m.



proceedings had by the Hays County Commissioners’ Court on November 5, 2019.




***** ***** NOVEMBER 19, 2019

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 19TH DAY OF NOVEMBER A.D., 2019, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Ken Rice, San Marcos Police Department gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon, Virginia P. Condie, and John Rooney gave public comments. 1. REPORT BY COMMISSIONER MARK JONES AND JEFF MCGILL,

DIRECTOR OF INFORMATION TECHNOLOGY, REGARDING THE INTERNET ISSUES AT THE HAYS COUNTY PRECINCT 2 THAT BEGAN ON NOVEMBER 5, 2019.

Jeff McGill, Information Technology Director, explained why the internet was down in Precinct 2 for a full week, starting November 5, 2019. Jeff said there are three partners: the County, Grande Communication and Charter Spectrum. Before contacting the providers, Jeff’s team ruled out any internal problems. It became clear that the problem was with Charter Spectrum cable. Unfortunately, the underground cable was inaccessible for several days because large road equipment was parked over it and no one could be found to move it during the holiday weekend. Although Spectrum eventually corrected the problem, McGill pointed out that the system had been down longer than it had been following the Memorial Day Flood in 2015, and that it had consumed an enormous amount of personnel hours and overtime. Judge Becerra and Commissioner Ingalsbe spoke about this item and asked if anyone would like to speak for Charter Spectrum. Alex Villalobos, Hays County Chief of Staff, announced that he had been in communication with Ed Serna from Spectrum to try to find a solution. Ed Serna, Government Affairs with Charter Spectrum, was present in court. Mr. Serna said he was like to sit down with Grande and Hays County IT to come up with a solution for future issues. Commissioner Jones said he would like to be present when this meeting took place. Commissioner Smith commented that he would like to know the plan of action for future issues and would like it to be brought back to court once it has been decided. Jennifer Anderson, Elections Administrator, spoke on this item. She announced that even though this issue took place during elections it did not affect the voting process. No action was taken.

34531 APPROVE PAYMENTS OF COUNTY INVOICES.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of County invoices. All present voted “Aye.” MOTION PASSED.


***** ***** NOVEMBER 19, 2019

34532 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of juror checks. All present voted “Aye.” MOTION PASSED. 34533 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED.

34534 APPROVE COMMISSIONERS COURT MINUTES OF NOVEMBER 5, 2019.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve Commissioners’ Court minutes of November 5, 2019. All present voted “Aye.” MOTION PASSED.

34535 APPROVE THE PAYMENT OF THE NOVEMBER 30, 2019 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $4,100,000.00 EFFECTIVE NOVEMBER 26, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of the November 30, 2019 payroll disbursements in an amount not to exceed $4,100,000.00 effective November 26, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

34536 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A 7-BEDROOM HOTEL EQUIVALENT AT 16221 CRYSTAL HILL DRIVE, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize on-site sewage facility permit for a 7-bedroom hotel equivalent at 16221 Crystal Hill Drive, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.

34537 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 4 SHORT TERM RENTAL CABINS (CABINS 1-4) AT 1405 PUMP STATION ROAD, WIMBERLEY, TEXAS 78676.

A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize on-site sewage facility permit for 4 short term rental cabins (cabins 1-4) at 1405 Pump Station Road, Wimberley, Texas 78676. All present voted “Aye.” MOTION PASSED.


***** ***** NOVEMBER 19, 2019



34539 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 5 SHORT

TERM RENTAL CABINS (CABINS 10-14) AT 1405 PUMP STATION ROAD, WIMBERLEY, TEXAS 78676.


34540 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 5 SHORT









***** ***** NOVEMBER 19, 2019

A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize on-site sewage facility permit for 4 short term rental cabins (cabins 30-34) at 1405 Pump Station Road, Wimberley, Texas 78676. All present voted “Aye.” MOTION PASSED. 34544 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 4 SHORT


A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize on-site sewage facility permit for 4 short term rental cabins (cabins 35-38) at 1405 Pump Station Road, Wimberley, Texas 78676. All present voted “Aye.” MOTION PASSED. 34545 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 4 SHORT


A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize on-site sewage facility permit for 4 short term rental cabins (cabins 39-42) at 1405 Pump Station Road, Wimberley, Texas 78676. All present voted “Aye.” MOTION PASSED. 34546 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR

APARTMENT/OFFICE/LAUNDRY FACILITY AT 1405 PUMP STATION ROAD, WIMBERLEY, TEXAS 78676.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize on-site sewage facility permit for apartment/office/laundry facility at 1405 Pump Station Road, Wimberley, Texas 78676. All present voted “Aye.” MOTION PASSED. 34547 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER

#3 TO THE GARVERUSA CONTRACT FOR A TIME EXTENSION ON THE PCT. 1 & 2 LOW WATER CROSSINGS 2016 ROAD BOND PROJECT.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute change order #3 to the Garverusa contract for a time extension on the Pct. 1 & 2 low water crossings 2016 road bond project. All present voted “Aye.” MOTION PASSED.

34548 AUTHORIZE THE EXECUTION OF THE MEMORIAL MARKER

HIGHWAY SIGN AGREEMENT WITH TXDOT RELATED TO THE PRIVATE FIRST-CLASS KRISTIAN MENCHACA MEMORIAL HIGHWAY SIGNS AND ACCEPT CONTRIBUTIONS FOR FUNDING IN THE AMOUNT OF $5,000 AND AMEND THE BUDGET ACCORDINGLY.


***** ***** NOVEMBER 19, 2019

Commissioner Ingalsbe noted the contributions for funding were made by private donors. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the execution of the Memorial Marker Highway Sign Agreement with TxDot related to the Private First-Class Kristian Menchaca Memorial Highway Signs and accept contributions for funding in the amount of $5,000 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34549 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 3 LONG-

TERM RENTAL HOUSES AT 1100 HIGH ROAD, SAN MARCOS, TEXAS, 78666.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize on-site sewage facility permit for 3 long-term rental houses at 1100 High Road, San Marcos, Texas, 78666. All present voted “Aye.” MOTION PASSED. 34550 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT

WITH THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE TUBERCULOSIS PREVENTION AND CONTROL - FEDERAL GRANT PROGRAM (TB/PC - FEDERAL) IN THE AMOUNT OF $26,756.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute a contract with the Department of State Health Services (DSHS) for the Tuberculosis Prevention and Control - federal grant program (TB/PC - federal) in the amount of $26,756. All present voted “Aye.” MOTION PASSED. 34551 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE AMENDED

INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN MARCOS, CITY OF KYLE, CITY OF BUDA, AND HAYS COUNTY RELATING TO THE MANAGEMENT AND OPERATION OF THE SAN MARCOS REGIONAL ANIMAL SHELTER.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute the amended Interlocal Cooperative Agreement between the City of San Marcos, City of Kyle, City of Buda, and Hays County relating to the management and operation of the San Marcos Regional Animal Shelter. All present voted “Aye.” MOTION PASSED. 34552 APPROVE AND EXECUTE THE SHERIFF'S OFFICE EQUITABLE

SHARING AND AGREEMENT CERTIFICATION IN ACCORDANCE WITH THE STATUTES AND GUIDELINES THAT GOVERN THE FEDERAL EQUITABLE SHARING PROGRAM.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve and execute the Sheriff's Office Equitable Sharing and Agreement Certification in accordance with the statutes and guidelines that govern the Federal Equitable Sharing Program. All present voted “Aye.” MOTION PASSED.


***** ***** NOVEMBER 19, 2019

34553 APPROVE UTILITY PERMITS.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve utility permits. All present voted “Aye.” MOTION PASSED. 34554 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE

A REPLACEMENT DELL LATITUDE 5400 LAPTOP VALUED AT $949.09 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the transportation department to purchase a replacement dell latitude 5400 laptop valued at $949.09 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34555 APPROVE THE SHERIFF'S OFFICE TO UTILIZE SHERIFF DRUG

FORFEITURE FUNDS TOTALING $4,453 FOR OSS ACCESS LICENSES FOR TRAINING PURPOSES AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the sheriff's office to utilize sheriff drug forfeiture funds totaling $4,453 for OSS access licenses for training purposes and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34556 APPROVE A $4,260 ON-SITE SERVICE AGREEMENT WITH SMITH'S

DETECTION RELATED TO PREVENTATIVE MAINTENANCE FOR THE SHERIFF OFFICE X-RAY MACHINES LOCATED AT THE GOVERNMENT CENTER.

Judge Becerra and Vickie Dorsett, Auditors Office, spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve a $4,260 on-site service agreement with Smith's Detection related to preventative maintenance for the Sheriff Office x-ray machines located at the Government Center. All present voted “Aye.” MOTION PASSED. 34557 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A $30,170.32

SERVICE AGREEMENT RENEWAL WITH APPRISS SAFETY FOR THE FY20 VICTIM INFORMATION AND NOTIFICATION EVERYDAY (VINE) GRANT PROGRAM FUNDED THROUGH THE OFFICE OF THE ATTORNEY GENERAL (OAG).

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a $30,170.32 service agreement renewal with Appriss Safety for the FY20 Victim Information and Notification Everyday (VINE) grant program funded through the office of the Attorney General (OAG). All present voted “Aye.” MOTION PASSED.


***** ***** NOVEMBER 19, 2019

34558 APPROVE SPECIFICATIONS FOR RFQ 2020-Q04 WIMBERLEY VALLEY TRAIL EXTENSION AND MULTI-MODAL PROJECT AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Shell seconded by Commissioner Jones to approve specifications for RFQ 2020-Q04 Wimberley Valley trail extension and multi-modal project and authorize purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED. 34559 AUTHORIZE THE AUDITOR'S OFFICE TO PURCHASE ONE

REPLACEMENT DELL LATTITUDE 5500 WITH DOCKING CAPABILITIES VALUED AT $1,239.03 FOR THE INTERNAL AUDIT DIVISION AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the auditor's office to purchase one replacement Dell Lattitude 5500 with docking capabilities valued at $1,239.03 for the internal audit division and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34560 AUTHORIZE THE JUSTICE OF THE PEACE PCT. 2 OFFICE TO

PURCHASE ONE REPLACEMENT FUJITSU FI-7180 SCANNER VALUED AT $1,500.39 UTILIZING THE JUSTICE COURT TECHNOLOGY FUND AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the Justice of the Peace Pct. 2 office to purchase one replacement Fujitsu fi-7180 scanner valued at $1,500.39 utilizing the Justice Court Technology Fund and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34561 RATIFY THE PURCHASE OF ONE (1) REPLACEMENT AO SMITH

110V WATER HEATER VALUED AT $1,712.31 FOR THE PRECINCT 5 SATELLITE OFFICES AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Jones to ratify the purchase of one (1) replacement AO Smith 110V water heater valued at $1,712.31 for the Precinct 5 satellite offices and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34562 RATIFY THE EXECUTION OF THE AGENCY AGREEMENT WITH

LEADSONLINE, AN ON-LINE INVESTIGATIVE TOOL FOR THE SHERIFF'S OFFICE; AND APPROVE THE RENEWAL FOR $4,308 AS BUDGETED IN THE FY20 BUDGET PROCESS.

A motion was made by Commissioner Shell seconded by Commissioner Jones to ratify the execution of the agency agreement with Leadsonline, an on-line investigative tool for the Sheriff's Office; and


***** ***** NOVEMBER 19, 2019

approve the renewal for $4,308 as budgeted in the FY20 budget process. All present voted “Aye.” MOTION PASSED. 34563 APPROVE THE SELECTION OF K. FRIESE & ASSOCIATES TO

PROVIDE PRELIMINARY ENGINEERING AND PUBLIC INVOLVEMENT SERVICES FOR THE PROPOSED RM 150 EXTENSION FROM RM 12 TO US 290; AND TO AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Smith seconded by Commissioner Jones to approve the selection of K. Friese & Associates to provide preliminary engineering and public involvement services for the proposed RM 150 extension from RM 12 to US 290; and to authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34564 ACCEPTANCE OF ROAD CONSTRUCTION & DRAINAGE

IMPROVEMENTS, RELEASE OF THE SUBDIVISION BOND #SU1146030 IN THE AMOUNT OF $315,510.25, ACCEPT THE 2-YEAR MAINTENANCE BOND #SU1157965 FOR STREETS IN THE AMOUNT OF $24,754.74, THE 2-YEAR BOND #SU1157966 FOR DRAINAGE IN THE AMOUNT OF $7,338.87, AND THE 1-YEAR REVEGETATION BOND #SU1157964 IN THE AMOUNT OF $3,488.00 FOR REUNION RANCH SUBD,, PHASE 2, SECTION 4.

A motion was made by Commissioner Shell seconded by Commissioner Jones to accept road construction & drainage improvements, release the subdivision bond #su1146030 in the amount of $315,510.25, accept the 2-year maintenance bond #su1157965 for streets in the amount of $24,754.74, the 2-year bond #su1157966 for drainage in the amount of $7,338.87, and the 1-year revegetation bond #SU1157964 in the amount of $3,488.00 for Reunion Ranch Subd., phase 2, section 4. All present voted “Aye.” MOTION PASSED. 34565 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN ADVANCE

FUNDING AGREEMENT AND RESOLUTION OF SUPPORT BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE US 290 AT MARTIN RD. PROJECT.

Commissioner Smith asked Jerry Borcherding if this project was a part of the budget. Jerry Borcherding, Director of Transportation, assured Commissioner Smith that it was budgeted. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to authorize the county judge to execute an advance funding agreement and resolution of support between hays county and the Texas department of transportation (TXDOT) for the us 290 at martin rd. Project. All present voted “Aye.” MOTION PASSED.


***** ***** NOVEMBER 19, 2019

34566 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $1,127,372.10 FOR TRAILS AT WINDY HILL, PHASE ONE SUBDIVISION (BOND #80171662).

Commissioner Jones referred to Jerry Borcherding, Director of Transportation, for staff recommendation. Jerry Borcherding announced staff approval. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to accept fiscal surety for the construction of street and drainage improvements in the amount of $1,127,372.10 for trails at Windy Hill, phase one subdivision (Bond #80171662). All present voted “Aye.” MOTION PASSED. 34567 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET

AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $1,997,294.74 FOR MULBERRY MEADOWS, PHASE ONE SUBDIVISION (BOND #PB10169600208).

Commissioner Ingalsbe said she knew of staff recommendation for these improvements. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to accept fiscal surety for the construction of street and drainage improvements in the amount of $1,997,294.74 for Mulberry Meadows, phase one subdivision (Bond #PB10169600208). All present voted “Aye.” MOTION PASSED. 34568 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SECOND

AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR ROADWAY REPAIR BETWEEN HAYS COUNTY AND THE CITY OF UHLAND, RELATED TO ONGOING ROAD AND RIGHT OF WAY MAINTENANCE WITHIN THE CORPORATE LIMITS OF THE CITY OF UHLAND.

Commissioner Jones, Commissioner Inglasbe, Mark Kennedy, General Counsel, Jerry Borcherding, Transportation Director spoke on this item. It has full staff recommendation. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a second amended and restated Interlocal agreement for roadway repair between Hays County and the City of Uhland, related to ongoing road and right of way maintenance within the corporate limits of the City of Uhland. All present voted “Aye.” MOTION PASSED.

34569 GRANT A VARIANCE FROM TABLE 10-1 OF THE HAYS COUNTY

RULES FOR ON-SITE SEWAGE FACILITIES PLN-1383-PC; WILDWOOD HILLS, LOTS 9 AND 10, AMENDED PLAT.

Commissioner Smith spoke on this item. Caitlyn Strickland and Colby Machacek, Development Services, reviewed the details that have been worked out with the property owner. A motion was made by Commissioner Smith seconded by Commissioner Jones to grant a variance from table 10-1 of the Hays County Rules for on-site sewage facilities PLN-1383-PC; Wildwood Hills, Lots 9 and 10, Amended Plat. All present voted “Aye.” MOTION PASSED.


***** ***** NOVEMBER 19, 2019

34570 APPROVE FINAL PLAT FOR RIVER OAKS OF WIMBERLEY, UNIT 5, LOT 8A AND 9A SUBDIVISION.

Colby Machacek, Development Services, noted there are no variances for the property and gave full staff recommendation. A motion was made by Commissioner Shell seconded by Commissioner Jones to approve Final Plat for River Oaks of Wimberley, Unit 5, Lot 8A and 9A subdivision. All present voted “Aye.” MOTION PASSED. 34571 GRANTING A VARIANCE FROM CHAPTER 705.12.02 OF THE HAYS

COUNTY DEVELOPMENT REGULATIONS FOR THE WATERRIDGE SUBDIVISION.

Commissioner Smith, Commissioner Ingalsbe, and Caitlyn Strickland, Development Services, spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to granting a variance from chapter 705.12.02 of the hays county development regulations for the Waterridge subdivision. All present voted “Aye.” MOTION PASSED. 34572 APPOINT THE MEMBERS OF THE HAYS COUNTY CITIZENS

ELECTION ADVISORY COMMISSION (CEAC). Commissioners named their nominees for the commission: Commissioner Ingalsbe’s nominees: Roland Saucedo and Diane Hervol. Commissioner Jones’ nominees: Debbie Russ and Patrick Chisholm. Commissioner Shell’s nominees: Carol Gaultney and Jon Leonard. Commissioner Smith’s nominees: David Edwards and Kent Willis. Judge Becerra’s nominees: Linda Tenorio and Arthur Taylor. A motion was made by Commissioner Smith seconded by Commissioner Jones to appoint the members of the Hays County Citizens Election Advisory Commission (CEAC). All present voted “Aye.” MOTION PASSED.

34573 SUBMIT A LETTER OF SUPPORT TO THE TEXAS A&M UNIVERSITY,

PUBLIC POLICY RESEARCH INSTITUTE FOR THE COUNSEL AT FIRST APPEARANCE - RANDOMIZED CONTROLLED TRIAL

Commissioner Shell explained the proposed study uses an experimental design with random assignment to examine the effects of providing counsel at magistration. Hays County has been invited to submit an application to participate in the trial. The grant would pay the costs. Commissioner Inglasbe is in support of the study. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to submit a letter of support to the Texas A&M University, Public Policy Research Institute for the Counsel at First Appearance - Randomized Controlled Trial. All present voted “Aye.” MOTION PASSED.

34574 AUTHORIZE THE DEVELOPMENT SERVICES DEPARTMENT TO

SERVE AS THE INTERIM FLOODPLAIN ADMINISTRATOR FOR THE CITY OF WIMBERLEY FOR A PERIOD NOT TO EXCEED 6 MONTHS

Commissioner Shell spoke in favor of supporting City of Wimberley by providing an interim Floodplain Administrator while Wimberley is recruiting someone to fill the position. Mark Kennedy, General Counsel and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the Development Services Department to serve as the Interim


***** ***** NOVEMBER 19, 2019

Floodplain Administrator for the City of Wimberley for a period not to exceed 6 months. All present voted “Aye.” MOTION PASSED. 34575 AWARD RFQ 2020-Q01 RIGHT OF WAY ACQUISITION ATTORNEY

SERVICES TO LJA ENGINEERING, INC. AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

Commissioner Jones spoke on this item. Mark Kennedy, General Counsel, made note that the second level of due diligence was reached before deciding to select LJA. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to award RFQ 2020-Q01 Right of Way Acquisition Attorney Services to LJA Engineering, Inc. and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34576 APPROVE A FINALIZED JOB DESCRIPTION FOR THE HAYS

COUNTY OFFICE OF EMERGENCY SERVICES DIRECTOR; AND TO PROVIDE JOB POSTING INSTRUCTIONS.

Commissioner Shell announced the resignation of the Justin McInnis, Emergency Services Interim Director and thanked him for his service. Several court members expressed their gratitude and good wishes for his future role. Sherri Miller, Human Resources Director, Judge Becerra, Commissioner Ingalsbe, Commissioner Shell, Commissioner Jones, and Commissioner Smith all expressed their viewpoints on the proposed job description. At issue were a couple of the specific requirements, including the requirement that candidates be certified fire fighters, which had been added to the original job description. A motion was made by Commissioner Shell seconded by Commissioner Jones to approve the original job description for the Hays County Office of Emergency Services Director to be posted. All present voted “Aye.” MOTION PASSED.

Commissioner Smith asked Judge Becerra several times if he had had someone specific in mind—i.e., Randy Moreno--for the position when he added the specific requirements. Judge Becerra denied he had reviewed anyone’s resume or suggested changes to the job description based on a resume. Judge Becerra asked that any further discussion be postponed and posted on a future agenda. Mark Kennedy, General Counsel, Commissioner Jones, Commissioner Smith and Judge Becerra spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to continue the discussion rather than postponing it. All present voted “Aye.” MOTION PASSED. 48. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY REGARDING PARKS AND OPEN SPACE WITHIN HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

No action taken. 34577 EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS



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REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute an Exclusion Request form related to Hays County’s membership in the Negotiation Class certified in the In Ray National Prescription Opiate Litigation. All present voted “Aye.” MOTION PASSED. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize General Counsel to execute an engagement letter between Hays County and Ross, Molina, Oliveros, related to legal services; and to provide an exemption from the requirements of TX Local Gov. Code 262.023 pursuant to 262.024 (a)(4) professional services. All present voted “Aye.” MOTION PASSED.


551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF APPROXIMATELY 536 ACRES OF REAL PROPERTY LOCATED IN PRECINCT 3 OF HAYS COUNTY (AND PARTIALLY WITHIN COMAL COUNTY), PART OF THE FORMER EL RANCHO CIMA "SCOUT" PROPERTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT, INCLUDING BUT NOT LIMITED TO AUTHORIZING THE EXECUTION OF AGREEMENT(S) BETWEEN HAYS COUNTY AND THE NATURE CONSERVANCY RELATED TO THE ACQUISITION OF FEE TITLE TO THE PROPERTY.

A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the County Judge to execute an Agreement for Acquisition and Disposition of Real Property and corresponding Purchase Agreement, both between the Nature Conservancy and Hays County, related to the acquisition of approximately 533 acres of real property in Hays and Comal counties, as presented in Executive Session. All present voted “Aye.” MOTION PASSED. 34579 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe contingent on the Director of Hays County Office of Emergency Services not being filled by December 20, 2019, to then authorize the appointment of Scott Raven as Interim Director, providing a soft pay of approximately $1,200 per month during the term of his interim service and prorating the first partial month of soft pay. All present voted “Aye.” MOTION PASSED.


***** ***** NOVEMBER 19, 2019

52. DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION.

Scott Raven, Fire Marshall, sent a recommendation to the court to keep the burn ban lifted.

53. DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS.

Judge Becerra gave an update of the inmate population.

54. DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL,

AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW.

Clerk’s Note Agenda Item #54 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

55. DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW.

Clerk’s Note Agenda Item #55 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED. 56. DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION

INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW.

Commissioner Shell, Mark Kennedy, General Counsel spoke about this item.

ADJOURNMENT A motion was made by Commissioner Shell, seconded by Commissioner Jones to adjourn court at 11:45 a.m.


***** ***** NOVEMBER 19, 2019



proceedings had by the Hays County Commissioners’ Court on November 19, 2019.




***** ***** DECEMBER 10, 2019

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 10TH DAY OF DECEMBER A.D., 2019, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Chaplin Mel Melendez gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon, and Susan Raybuck gave public comments. 34604 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. Marisol Villarreal-Alonzo, Auditor’s office, spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve amended payments of County invoices. All present voted “Aye.” MOTION PASSED.

34605 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of Juror checks. All present voted “Aye.” MOTION PASSED.

34606 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED.

34607 APPROVE COMMISSIONERS COURT MINUTES OF NOVEMBER 26, 2019. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of November 26, 2019. All present voted “Aye.” MOTION PASSED.

34608 APPROVE THE PAYMENT OF THE DECEMBER 15, 2019 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,850,000.00 EFFECTIVE DECEMBER 13, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the payment of the December 15, 2019 payroll disbursements in an amount not to exceed $2,850,000.00 effective December 13, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

34609 APPROVE THE REAPPOINTMENTS OF JB KOLODZY, HALLEY ORTIZ, AND

BERT BRONAUGH TO SERVE ON EMERGENCY SERVICES DISTRICT #2, A TWO YEAR TERM ENDING DECEMBER 31, 2021.


***** ***** DECEMBER 10, 2019

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the reappointments of JB Kolodzy, Halley Ortiz, and Bert Bronaugh to serve on Emergency Services District #2, a two year term ending December 31, 2021.All present voted “Aye.” MOTION PASSED.

34610 APPROVE THE REAPPOINTMENTS OF CAROL GREAVES AND MITCH

JOHNSON TO SERVE ON EMERGENCY SERVICES DISTRICT #8, A TWO YEAR TERM ENDING DECEMBER 31, 2021.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the reappointments of Carol Greaves and Mitch Johnson to serve on Emergency Services District #8, a two year term ending December 31, 2021.All present voted “Aye.” MOTION PASSED.

34611 AUTHORIZE THE COUNTY JUDGE TO EXECUTE REQUEST FOR

ADDITIONAL CONSTRUCTION MATERIALS OBSERVATION AND TESTING SERVICES NO. 4 DATED OCTOBER 18, 2019, FOR THE PSB FROM TERRACON FOR WORK RELATED TO THE HAYS COUNTY PUBLIC SAFETY BOND PROJECT.

Marisol Villarreal-Alonzo, Auditor’s Office, Mark Kennedy, General Counsel, and Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute Request for Additional Construction Materials Observation and Testing Services No. 4 dated October 18, 2019, for the PSB from Terracon for work related to the Hays County Public Safety Bond project under the Local Government Code 262.024. All present voted “Aye.” MOTION PASSED.

34612 AUTHORIZE PAYMENT TO AUTOMATION DESIGNS, INC. FOR $1,062.45

FOR FY19 REPLACEMENT SECURITY CAMERAS IN THE PRECINCT 3 BUILDING IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER THE COUNTY PURCHASING POLICY AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize payment to Automation Designs, Inc. for $1,062.45 for FY19 replacement security cameras in the Precinct 3 Building in which no purchase order was issued as required per the County Purchasing Policy and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34613 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 2 LONG-TERM

RENTAL MOBILE HOMES AT 210 ELLA LANE, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for 2 long-term rental mobile homes at 210 Ella Lane, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.

34614 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE BELL

ELECTRIC OFFICE/WAREHOUSE AT 7410 CREEK ROAD, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for the Bell Electric office/warehouse at 7410 Creek Road, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.

34615 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE HOT-MIX

ASPHALT PLANT AT 1365 JACK C HAYS TRAIL, BUDA, TEXAS 78610. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for the Hot-Mix Asphalt Plant at 1365 Jack C Hays Trail, Buda, Texas 78610. All present voted “Aye.” MOTION PASSED.

34616 APPROVE THE REAPPOINTMENTS OF JERRY BORCHERDING, DIRECTOR

OF TRANSPORTATION, AS THE PRIMARY VOTING MEMBER ON THE TECHNICAL ADVISORY COMMITTEE OF CAMPO, AND TIM VAN DE


***** ***** DECEMBER 10, 2019

VORDE, ASSISTANT TRANSPORTATION SUPERINTENDENT, AS THE ALTERNATE VOTING MEMBER.

A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the reappointments of Jerry Borcherding, Director of Transportation, as the primary voting member on the Technical Advisory Committee of CAMPO, and Tim Van de Vorde, Assistant Transportation Superintendent, as the alternate voting member. All present voted “Aye.” MOTION PASSED.

34617 APPROVE THE APPOINTMENT OF JOHN NETT, CITY OF BUDA ENGINEER

AND FLOODPLAIN ADMINISTRATOR, AS THE PRIMARY VOTING MEMBER ON THE TECHNICAL ADVISORY COMMITTEE OF CAMPO, AND APPOINT LEON BARBA, CITY OF KYLE ENGINEER, AS THE ALTERNATE VOTING MEMBER.

A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the appointment of John Nett, City of Buda Engineer and Floodplain Administrator, as the primary voting member on the Technical Advisory Committee of CAMPO, and appoint Leon Barba, City of Kyle Engineer, as the alternate voting member. All present voted “Aye.” MOTION PASSED.

34618 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PUBLIC UTILITY

EASEMENT AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS RELATED TO UTILITIES LOCATED UPON HAYS COUNTY-OWNED PROPERTY ON UHLAND ROAD IN PRECINCT 1.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to Authorize the County Judge to execute a Public Utility Easement agreement between Hays County and the City of San Marcos related to utilities located upon Hays County-owned property on Uhland Road in Precinct 1. All present voted “Aye.” MOTION PASSED. 34619 APPROVE OUT OF STATE TRAVEL UTILIZING THE SHERIFF'S OFFICE

CONTINUING EDUCATION FUNDS FOR CAPTAIN JULIE VILLALPANDO AND LIEUTENANT ERIC BATCH TO ATTEND THE AMERICAN JAIL ASSOCIATION CONFERENCE AND JAIL EXPO IN AURORA, COLORADO ON APRIL 4-8, 2020 IN THE AMOUNT OF $4,500.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to Approve out of state travel utilizing the Sheriff's Office Continuing Education Funds for Captain Julie Villalpando and Lieutenant Eric Batch to attend the American Jail Association Conference and Jail Expo in Aurora, Colorado on April 4-8, 2020 in the amount of $4,500. All present voted “Aye.” MOTION PASSED. 34620 APPROVE THE REAPPOINTMENTS OF CHUCK WARE AND JOE

PENDLETON FOR EMERGENCY SERVICES DISTRICT #4, TWO YEAR TERMS ENDING DECEMBER 31, 2021.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve the reappointments of Chuck Ware and Joe Pendleton for Emergency Services District #4, two year terms ending December 31, 2021. All present voted “Aye.” MOTION PASSED. 34621 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE PARABELLUM

RESEARCH FOR AMMUNITION PURCHASES TOTALING $29,688 AS BUDGETED DURING THE FY20 BUDGET PROCESS PER DISCRETIONARY EXEMPTION LGC 262.024(A)(2).

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the Sheriff's Office to utilize Parabellum Research for ammunition purchases totaling $29,688 as budgeted during the FY20 budget process per discretionary exemption LGC 262.024(a)(2). All present voted “Aye.” MOTION PASSED. 34622 APPROVE THE APPOINTMENTS OF MIKE JONES TO THE HAYS

CONSOLIDATED INDEPENDENT SCHOOL DISTRICT (HAYS CISD) SAFETY AND SECURITY COMMITTEE AS REQUIRED BY SECTION 37.109 OF THE TEXAS EDUCATION CODE.


***** ***** DECEMBER 10, 2019

A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the appointments of Mike Jones to the Hays Consolidated Independent School District (Hays CISD) Safety and Security Committee as required by Section 37.109 of the Texas Education Code. All present voted “Aye.” MOTION PASSED. 34623 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES / FIRE MARSHAL'S

OFFICE TO ADJUST THE FEE SCHEDULE TO SET A FEE FOR CONSTRUCTION PERMITS WITH PLAN REVIEWS WITH A MAXIMUM FEE OF $1000.00.

Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to Authorize the Office of Emergency Services / Fire Marshal's Office to adjust the fee schedule to set a fee for Construction Permits with plan reviews with a maximum fee of $1000.00. All present voted “Aye.” MOTION PASSED. 34624 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES / FIRE MARSHAL'S

OFFICE TO PARTICIPATE IN THE 1033 DEFENSE LOGISTICS AGENCY. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Office of Emergency Services / Fire Marshal's Office to participate in the 1033 Defense Logistics Agency. All present voted “Aye.” MOTION PASSED. 34625 AUTHORIZE THE OFFICE OF EMERGENCY SERVICES TO HOST THE

ANNUAL LOCAL EMERGENCY PLANNING COMMITTEE LUNCHEON FOR $850.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to Authorize the Office of Emergency Services to host the annual Local Emergency Planning Committee Luncheon for $850. All present voted “Aye.” MOTION PASSED. 34626 APPROVE UTILITY PERMITS. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve Utility Permits. All present voted “Aye.” MOTION PASSED. 34627 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE BEERBURG

BREWERY, AUSTIN, TEXAS 78736. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for the Beerburg Brewery, Austin, Texas 78736. All present voted “Aye.” MOTION PASSED. 34628 AUTHORIZE REPAIRS AT THE HISTORIC COURTHOUSE RELATED TO

WATER DAMAGE FUNDED FROM THE TEXAS ASSOCIATION OF COUNTIES (TAC) INSURANCE CLAIM AND AMEND THE BUDGET ACCORDINGLY.

Tammy Crumley, County Wide Operations, presented to the court. Commissioner Smith and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Smith to Authorize repairs at the Historic Courthouse related to water damage funded from the Texas Association of Counties (TAC) insurance claim and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34629 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FIRST AMENDMENT

TO THE HAYS COUNTY REGIONAL HABITAT CONSERVATION PLAN PARTICIPATION AGREEMENT BETWEEN HAYS COUNTY AND LAZY OAKS RANCH, LP, A TEXAS LIMITED PARTNERSHIP.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the County Judge to execute a First Amendment to the Hays County Regional Habitat Conservation Plan Participation Agreement between Hays County and Lazy Oaks Ranch, LP, a Texas Limited Partnership. All present voted “Aye.” MOTION PASSED.


***** ***** DECEMBER 10, 2019

34630 AUTHORIZE A WAIVER TO THE PURCHASING POLICY FOR THE ELECTIONS OFFICE TO UTILIZE HART INTERCIVIC RELATED TO BALLOT PAPER FOR NEW ELECTIONS EQUIPMENT.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize a waiver to the purchasing policy for the Elections Office to utilize Hart Intercivic related to ballot paper for new elections equipment. All present voted “Aye.” MOTION PASSED. 34631 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND PAPE-DAWSON ENGINEERS, INC. FOR $450,000 TO PROVIDE SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS, SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE RM 12 INTERSECTION IMPROVEMENTS AT JACOBS WELL ROAD AND GOLDS ROAD PROJECT AS PART OF THE HAYS COUNTY 2016 ROAD BOND PROGRAM.

Commissioner Shell spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Smith to Authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Pape-Dawson Engineers, Inc. for $450,000 to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the RM 12 Intersection Improvements at Jacobs Well Road and Golds Road Project as part of the Hays County 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED.


SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND DANNENBAUM ENGINEERING COMPANY - AUSTIN, LLC IN THE AMOUNT OF $400,000 TO PROVIDE SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS, SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE POSEY ROAD CORRIDOR IMPROVEMENTS PROJECT FROM I-35 TO HUNTER ROAD (FM 2439) AS PART OF THE HAYS COUNTY 2016 ROAD BOND PROGRAM.

Dan Lyon gave a public comment. Marisol Villarreal-Alonzo, Auditor office, Mark Kennedy, General Counsel, Commissioner Smith, Commissioner Shell, and Judge Becerra, spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Dannenbaum Engineering Company - Austin, LLC in the amount of $400,000 to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the Posey Road Corridor Improvements Project from I-35 to Hunter Road (FM 2439) as part of the Hays County 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED. 34633 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND JONES & CARTER, INC. FOR $700,000 TO PROVIDE SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS, SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE CENTERPOINT ROAD CORRIDOR IMPROVEMENTS PROJECT FROM I-35 TO HUNTER ROAD (FM 2439) AS PART OF THE HAYS COUNTY 2016 ROAD BOND PROGRAM.

Commissioner Shell spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Jones & Carter, Inc. for $700,000 to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the Centerpoint Road Corridor Improvements Project from I-35 to Hunter Road (FM 2439) as part of the Hays County 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED. 34634 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND JONES & CARTER, INC. FOR $650,000 TO PROVIDE SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS, SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE MCCARTY LANE CORRIDOR IMPROVEMENTS PROJECT FROM I-35 TO HUNTER ROAD (FM 2439) AS PART OF THE HAYS COUNTY 2016 ROAD BOND PROGRAM.


***** ***** DECEMBER 10, 2019

Commissioner Shell spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Jones & Carter, Inc. for $650,000 to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the McCarty Lane Corridor Improvements Project from I-35 to Hunter Road (FM 2439) as part of the Hays County 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED. 34635 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND K FRIESE & ASSOCIATES, INC. FOR $750,000 TO PROVIDE PRELIMINARY ENGINEERING AND PUBLIC INVOLVEMENT SERVICES FOR THE PROPOSED RM 150 EXTENSION FROM RM 12 TO US 290 AS PART OF THE HAYS COUNTY 2016 ROAD BOND PROGRAM.

Commissioner Smith spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and K Friese & Associates, Inc. for $750,000 to provide preliminary engineering and public involvement services for the proposed RM 150 Extension from RM 12 to US 290 as part of the Hays County 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED. 34636 APPROVE THE AGREEMENT FOR A LOCAL ON-SYSTEM IMPROVEMENT

PROJECT (RM 150 CENTER TURN LANE) BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR $880,367 AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE SAID AGREEMENT ON BEHALF OF HAYS COUNTY.

Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the Agreement for a Local On-System Improvement Project (RM 150 Center Turn Lane) between Hays County and the Texas Department of Transportation (TxDOT) for $880,367 and authorize the County Judge to execute said Agreement on behalf of Hays County. All present voted “Aye.” MOTION PASSED. 34637 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO REDUCE THE

CURRENT SPEED LIMIT OF 45 MPH ON HILLIARD ROAD NEAR VALLEY VIEW WEST DRIVE & NORTHWEST HILLS ROAD TO 40 MPH, WITH ANOTHER REDUCTION TO 30 MPH BEFORE THE ROAD MAKES A CURVE AT THIS INTERSECTION.

Judge Becerra opened the public hearing at 11:34 a.m. Dan Lyon made a public comment. Judge Becerra closed the public hearing at 11:45 a.m. Commissioner Shell, Commissioner Smith, Jerry Borcherding, Director of Transportation, spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Smith to reduce the current speed limit of 45 MPH on Hilliard Road near Valley View West Drive & Northwest Hills Road to 40 MPH, with another reduction to 30 MPH before the road makes a curve at this intersection. All present voted “Aye.” MOTION PASSED. 34638 RELEASE OF THE MAINTENANCE BOND #1051956 IN THE AMOUNT OF

$106,841.02, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR BELTERRA SUBDIVISION, PHASE 21, SECTION 1.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to release of the maintenance bond #1051956 in the amount of $106,841.02, and the acceptance of roads into the county road maintenance system for Belterra subdivision, Phase 21, Section 1. All present voted “Aye.” MOTION PASSED. 34639 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT BETWEEN HAYS COUNTY AND LJA ENGINEERING, AS PART OF THE AWARD FOR RFQ 2020-Q01, RELATED TO RIGHT OF WAY COORDINATION SERVICES ALONG COTTON GIN ROAD IN PRECINCT 2, AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon gave a public comment. Mark Kennedy, General Counsel, and Commissioner Jones spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement between Hays County and LJA


***** ***** DECEMBER 10, 2019

Engineering, as part of the award for RFQ 2020-Q01, related to right of way coordination services along Cotton Gin Road in Precinct 2, and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34640 AUTHORIZE GENERAL COUNSEL TO EXECUTE AN AGREEMENT FOR

LEGAL SERVICES BETWEEN HAYS COUNTY AND DAVIDSON, TROILO, REAM, AND GARZA ("DTRG"), AS PART OF THE AWARD FOR RFQ 2020-Q01, RELATED TO RIGHT OF WAY ACQUISITION SERVICES FOR PROPERTIES ALONG COTTON GIN ROAD IN PRECINCT 2.

Mark Kennedy, General Counsel, and Commissioner Jones spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize General Counsel to execute an Agreement for Legal Services between Hays County and Davidson, Troilo, Ream, and Garza ("DTRG"), as part of the award for RFQ 2020-Q01, related to right of way acquisition services for properties along Cotton Gin Road in Precinct 2. All present voted “Aye.” MOTION PASSED.

34641 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL UTILITY

RELOCATION AGREEMENT BETWEEN HAYS COUNTY AND THE CITY OF KYLE, RELATED TO THE RELOCATION OF A 10 INCH FORCE MAIN SEWER LINE ALONG DACY LANE, BETWEEN SUNFLOWER CIRCLE AND AMBERWOOD DRIVE AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Jones, and Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute an Interlocal Utility Relocation Agreement between Hays County and the City of Kyle, related to the relocation of a 10 inch force main sewer line along Dacy Lane, between Sunflower Circle and Amberwood Drive and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34642 APPROVE PRELIMINARY PLAN FOR SUB-1103; JUVE POSADA

SUBDIVISION (2 LOTS). Colby Machacek, Development services, spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve preliminary plan for SUB-1103; Juve Posada Subdivision (2 Lots). All present voted “Aye.” MOTION PASSED. 34643 APPROVE THE FINAL PLAT FOR THE SHEKINAH GROVE SUBDIVISION

SUB-1277. Colby Machacek, Development services, spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the final plat for the Shekinah Grove subdivision SUB-1277. All present voted “Aye.” MOTION PASSED. 34644 GRANT A VARIANCE FROM CHAPTER 721.5.05 OF THE HAYS COUNTY

DEVELOPMENT REGULATIONS AND APPROVE THE PRELIMINARY PLAN; PLN-1388-NP; MILAGRO SPRINGS, SECTION 1, LOT 1 (1 LOT).

Colby Machacek and Caitlyn Strickland, Development services, Commissioner Shell, and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to grant a variance from Chapter 721.5.05 of the Hays County Development Regulations and approve the Preliminary Plan; PLN-1388-NP; Milagro Springs, Section 1, Lot 1 (1 Lot). All present voted “Aye.” MOTION PASSED. 34645 AWARD CONTRACT FOR IFB 2020-B01 SAWYER RANCH ROAD

PEDESTRIAN IMPROVEMENTS TO D & S CONCRETE CONTRACTORS. Commissioner Smith spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to award contract for IFB 2020-B01 Sawyer Ranch Road Pedestrian Improvements to D & S Concrete Contractors. All present voted “Aye.” MOTION PASSED. 34646 AUTHORIZE PAYMENT TO ALLEN BOOT'S FROM THE HAYS CO.

CONSTABLE, PCT. 4, FROM LAW ENFORCEMENT SUPPLIES, RELATED


***** ***** DECEMBER 10, 2019

TO THE PURCHASE OF ONE (1) PAIR OF MOTORCYCLE BOOTS FOR $339.98.

Constable Hood, Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize payment to Allen Boot's from the Hays Co. Constable, Pct. 4, from Law Enforcement Supplies, related to the purchase of one (1) pair of motorcycle boots for $339.98. Commissioner Shell and Commissioner Smith voted “Aye”. Commissioner Ingalsbe, Commissioner Jones, and Judge Becerra voted “No”. MOTION NOT PASSED. 34647 AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE

TEXAS DEPARTMENT OF EMERGENCY MANAGEMENT FOR THE PRE-DISASTER MITIGATION (PDM) GRANT FUNDING FOR THE HAYS COUNTY COMMUNITY FLOOD MITIGATION PROJECT.

Tammy Crumley, County Wide Operations, Commissioner Ingalsbe, Commissioner Shell, Commissioner Smith and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize payment to authorize the submission of a grant application to the Texas Department of Emergency Management for the Pre-Disaster Mitigation (PDM) grant funding for the Hays County Community Flood Mitigation Project. All present voted “Aye.” MOTION PASSED. 34648 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 03 TO A CONTRACT

WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE PUBLIC HEALTH EMERGENCY PREPAREDNESS IN THE AMOUNT OF $2,971 AND AMEND THE BUDGET ACCORDINGLY.

Tammy Crumley, County Wide Operations, spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the execution of Amendment No. 03 to a contract with the Texas Department of State Health Services (DSHS) for the Public Health Emergency Preparedness in the amount of $2,971 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34649 ADOPT A RESOLUTION OF SUPPORT FOR ESTABLISHING THE HAYS

COUNTY MENTAL HEALTH COURT. Ed Kany and Jim Strauos made public comments on this item. Judge Tacie Zelhart recognized several people in the courtroom for their service to the Mental Health field. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, and Judge Becerra thanked Judge Zelhart for her service to the Mental Health community. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to adopt a Resolution of support for establishing the Hays County Mental Health Court. All present voted “Aye.” MOTION PASSED. 34650 DISCUSSION AND POSSIBLE ACTION REGARDING THE WORKINGS OF

THE CITIZENS ELECTION ADVISORY COMMISSION. Linda Calvert, Roland Saucedo, Susan Raybuck, Elaine Cardenas, and Trevor Newman gave public comments. Mark Kennedy, General Counsel, Anita Collins, Executive Assistant to the Hays County Judge, Jennifer Anderson, Elections Administrator, Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, Commissioner Smith, and Judge Becerra spoke on this item. Commissioners Court gave authority to members of the Citizens Election Committee to make decisions about administrative support and whether or not to keep the meetings public. Several commissioners, including Commissioners Ingalsbe and Shell, recommended keeping the meetings public. Mark Kennedy advised against adopting the Open Meetings Act. A motion was made by Commissioner Smith seconded by Commissioner Jones to ensure that no political candidate or office holder will serve on the Citizen Election Advisory Commission. All present voted “Aye.” MOTION PASSED. 48 DISCUSSION AND POSSIBLE ACTION REGARDING THE AVAILABILITY OF

INDIGENT MENTAL HEALTH SERVICES IN NORTH HAYS COUNTY AND REPORT PROVIDED ON RECENT ACTIONS PROVIDED BY CHARLES CAMPISE.

Mr. Charles Campise reported to the Court about a grant application that was recently submitted. No action was taken.


***** ***** DECEMBER 10, 2019

Clerk’s note: Court took a recess at 10:33 a.m. and resumed into open session at 10:49 a.m. 34651 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND COSTELLO, INC. FOR $13,000 REGARDING ENGINEERING SERVICES OF COTTONWOOD CREEK TRIBUTARY 1 ALONG THE CREEK BETWEEN COTTONWOOD PKWY AND CLOVIS BARKER ROAD IN PCT 1 AND AMEND THE BUDGET ACCORDINGLY.

Greg Frank, representative of Costello, Inc. was present to answer questions for the court. Mark Kennedy, General Counsel, Commissioner Ingalsbe, Commissioner Shell, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Costello, Inc. for $13,000 regarding engineering services of Cottonwood Creek Tributary 1 along the creek between Cottonwood Pkwy and Clovis Barker Road in Pct 1 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34652 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT BETWEEN HAYS COUNTY AND WATER AND EARTH TECHNOLOGIES FOR THE MAINTENANCE OF THE HAYS COUNTY FLOOD WARNING SYSTEM; TO INCLUDE DETENTION BASINS, LOW WATER CROSSING GAUGES/WARNING SYSTEMS, CAMERAS, AND RAIN GAGES THROUGHOUT HAYS COUNTY.

Justin McInnis, Emergency Services presented the court information about the systems. Mark Kennedy, General Counsel, made note to add Local Govt. Code 262.024 to the motion. Commissioner Ingalsbe and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize payment to authorize the County Judge to execute a Professional Services Agreement under the Local Government Code 262.024(a)(7) between Hays County and Water and Earth Technologies for the maintenance of the Hays County Flood Warning System; to include detention basins, low water crossing gauges/warning systems, cameras, and rain gages throughout Hays County. All present voted “Aye.” MOTION PASSED. 34653 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A $7,500 INTERLOCAL

AGREEMENT WITH THE TEXAS A&M AGRILIFE EXTENSION SERVICE FOR THE GRANT FUNDED FERAL HOG ABATEMENT PROGRAM AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon gave a public comment. Tammy Crumley, County Wide Operations, Commissioner Jones, and Commissioner Shell spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to Authorize the County Judge to execute a $7,500 Interlocal Agreement with the Texas A&M AgriLife Extension Service for the grant funded Feral Hog Abatement Program and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34654 10:00 AM - HOLD A PUBLIC HEARING FOR COMMENTS RELATED TO

THE USE OF THE COUNTYWIDE POLLING PLACE PROGRAM IN THE NOVEMBER 5, 2019 CONSTITUTIONAL AMENDMENT ELECTION AND APPLICATION TO THE OFFICE OF SECRETARY OF STATE FOR "SUCCESSFUL STATUS" FOR THE USE OF THIS PROGRAM IN FUTURE ELECTIONS.

Judge Becerra opened the public hearing at 10:50 a.m. Jon Leonard made public comments. Judge Becerra closed the public hearing at 10:55 a.m. Jennifer Anderson read a comment on behalf of Donna Haschke, Hays County Democrat County Chair. Commissioner Ingalsbe and Commissioner Smith spoke on this item. No action taken. 34655 ADOPT A RESOLUTION IN SUPPORT OF REQUESTING "SUCCESSFUL

STATUS" FOR HAYS COUNTY'S APPLICATION TO USE OF THE COUNTYWIDE POLLING PLACE PROGRAM IN FUTURE ELECTIONS.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to adopt a Resolution in support of requesting "Successful Status" for Hays County's application to use of the Countywide Polling Place Program in future elections. All present voted “Aye.” MOTION PASSED.


***** ***** DECEMBER 10, 2019

34656 APPROVE THE JOINT ELECTION AGREEMENT FOR THE PRIMARY 2020 ELECTION AND ANY RESULTING RUNOFF ELECTION.

Jennifer Anderson, Elections Administrator, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the Joint Election Agreement for the Primary 2020 election and any resulting runoff election. All present voted “Aye.” MOTION PASSED.

34657 AWARD RFP 2020-P02 COUNTY WIDE JANITORIAL SERVICES TO PBS OF TEXAS, OPTION A AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

Tammy Crumley, County Wide Operations, Marisol Villarreal-Alonzo, Auditors office, spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to award RFP 2020-P02 County Wide Janitorial Services to PBS of Texas, Option A and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED.

Court convened into Executive Session 12:48 p.m. Then reconvened into open court at 1:25 p.m. Clerk’s Note Agenda Item #56 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY REGARDING PARKS AND OPEN SPACE WITHIN HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – WAS PULLED. Clerk’s Note Agenda Item #57 RE: EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – WAS PULLED. 34658 Executive Session pursuant to Sections 551.071 and 551.072 of the

Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange or value of Right of Way along Dacy Lane in Pct 2. Possible action may follow in open court.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a purchase agreement between Hays County and Rolando and Miriam Robles (Parcel 64) for the acquisition of approximately 0.345 acres of right of way for the Dacy Lane project, as presented in Executive Session. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a purchase agreement between Hays County and Lena Ormand, individually, and Lena Ormand and William Clyde Ormand, as Co-Trustees (Parcel 71) for the acquisition of approximately 0.770 acres of right of way for the Dacy Lane project, as presented in Executive Session.

59 Executive Session pursuant to Sections 551.071 and 551.074 of the

Texas Government Code: consultation with counsel and deliberation regarding all individual positions in the Hays County Office of Emergency Services. Possible discussion and/or action may follow in open Court.

No action taken.

34659 Executive Session pursuant to Sections 551.071 and 551.072 of the

Texas Government Code: consultation with counsel and deliberation regarding the purchase, exchange, donation, lease and/or value of real property located on Lime Kiln Road, San Marcos in Pct. 4. Possible action to follow in open court.

A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize the County Judge to execute 5 agreements concerning the donation of property within the County of Hays, State of Texas between Hays County and the following parties: Parcel 2 – Jeri Lynn Rutledge Trust, Parcel 3 – Ser 1991 Trust, Parcel 4 – Jass 1991 Trust, Parcel 5 – S.E. and Jeri Lynn Rutledge Charitable Unitrust, Parcel 6 – Jeri Lynn Rutledge Trust. All of this is being done for the acquisition of right of way along Lime Kiln road project, as presented in Executive Session.


***** ***** DECEMBER 10, 2019

61 Discussion and possible action related to the burn ban and/or disaster declaration.

Judge Becerra announced Scott Raven, Fire Marshall, recommendation to continue the burn ban lift.

62 Discussion related to the Hays County inmate population, to include current population counts and costs.

Judge Becerra read Sheriff Cutler’s report of the inmate population and cost of inmate outsourcing.

Clerk’s Note Agenda Item #64 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #65 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED. Clerk’s Note Agenda Item #66 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW – WAS PULLED. ADJOURNMENT A motion was made by Commissioner Jones, seconded by Commissioner Shell to adjourn court at 1:27 p.m.



proceedings had by the Hays County Commissioners’ Court on December 10, 2019.




***** ***** DECEMBER 17, 2019

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 17TH DAY OF DECEMBER A.D., 2019, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:


MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CÁRDENAS COUNTY CLERK

THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Chaplin Javier Maldonado gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon gave public comments. 1 PRESENTATION OF HAYS COUNTY SERVICE AWARDS. 5 year service awards were presented to Jo Marie Monague, District Attorney’s office, Jay Taylor, Parks Department, Christina Corero, District Clerk’s office, Lynnette Dee, Sheriff’s office, and Brittany Villanueva, County Clerk’s office. 10 year service awards were presented Christina Martinez, Juvenile Detention Center, and Karen Stone, Tax Assessor Collector’s office. 25 year service awards were presented to Roland Cunningham, Sheriff’s office. 35 year service awards were presented to Lisa Day, Juvenile Probation. Retirement Service awards were presented to Cathy Hilliard, Tax Assessor Collector’s office. No action taken.

2 RECOGNIZE THE OUTSTANDING ACHIEVEMENT OF ASSISTANT

VETERANS SERVICE OFFICER II SASHA MATHEWS. Jude Prather, Veterans Affairs Officer, spoke about the efforts and work of Sasha Mathews. He thanked her for her help with the Veteran community and their families. Mike Jaeger, Regional Director of the Texas Veterans Commission spoke of the submissions made to recognize Sasha’s work. Sasha received the Achievement Award for the District, Claims Excellence Award through the State, and the Texas County Veterans Services Officer of the Year. No action taken.

3 RECOGNIZE THE COUNTY CLERK'S OFFICE FOR RECEIVING THE FIVE

STAR EXEMPLARY AWARD. Elaine Cardenas, County Clerk, thanked her staff for their work. She explained the criteria to achieve the five star exemplary award and announced this is the third consecutive year the office has earned the award. No action taken.

34660 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 34661 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of Juror checks. All present voted “Aye.” MOTION PASSED.

34662 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.


***** ***** DECEMBER 17, 2019

Marisol Villarreal-Alonzo, Auditors office, announced that an addition payment of $874.389.83 needed to be added to the item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of United Healthcare claims including the additional payment of $874, 389.83. All present voted “Aye.” MOTION PASSED. 34663 APPROVE COMMISSIONERS COURT MINUTES OF DECEMBER 10, 2019. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve Commissioners Court Minutes of December 10, 2019. All present voted “Aye.” MOTION PASSED.

34664 APPROVE THE PAYMENT OF THE DECEMBER 31, 2019 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,800,000.00 EFFECTIVE DECEMBER 31, 2019 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of the December 31, 2019 payroll Disbursements in an amount not to exceed $3,800,000.00 effective December 31, 2019 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED. 34665 APPROVE THE RE-APPOINTMENT OF DIANE HERVOL, TO EMERGENCY

SERVICE DISTRICT (ESD) #9, TWO YEAR TERM ENDING DECEMBER 31, 2021.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the re-appointment of Diane Hervol, to Emergency Service District (ESD) #9, two year term ending December 31, 2021. All present voted “Aye.” MOTION PASSED.


MODIFICATION WITH THOMSON REUTERS WESTLAW RELATED TO LEGAL RESEARCH FOR THE DISTRICT ATTORNEY'S OFFICE.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a contract modification with Thomson Reuters Westlaw related to legal research for the District Attorney's Office. All present voted “Aye.” MOTION PASSED. 34667 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 2 OFFICE

BUILDINGS AND A 3 BEDROOM MOBILE HOME AT 3030 HARRIS HILL ROAD, SAN MARCOS, TEXAS 78666.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for 2 office buildings and a 3 bedroom mobile home at 3030 Harris Hill Road, San Marcos, Texas 78666. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #12 RE: AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 11 TINY HOMES/PARK MODEL RV'S AT 3499 FEARLESS TREADWAY, ROUND MOUNTAIN, TEXAS 78663. – WAS PULLED. 34668 AUTHORIZE PAYMENT TO AMG PRINTING & MAILING FOR THE COUNTY

TAX OFFICE, FOR PRINTED ENVELOPES, IN THE AMOUNT OF $500.00 IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize payment to AMG Printing & Mailing for the County Tax Office, for printed envelopes, in the amount of $500.00 in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED.


***** ***** DECEMBER 17, 2019

34669 APPROVE THE RE-APPOINTMENT OF JOHN RODRIGUEZ, JR., TO EMERGENCY SERVICE DISTRICT (ESD) #5, TWO YEAR TERM ENDING DECEMBER 31, 2021.

A motion was made by Commissioner Smith seconded by Commissioner Shell to approve the re-appointment of John Rodriguez, Jr., to Emergency Service District (ESD) #5, two year term ending December 31, 2021. All present voted “Aye.” MOTION PASSED. 34670 APPROVE RENEWAL OF RFP 2018-P03 COUNTY WIDE PLUMBING

SERVICES WITH SI MECHANICAL FOR ONE (1) ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID.

A motion was made by Commissioner Smith seconded by Commissioner Shell to approve renewal of RFP 2018-P03 County Wide Plumbing Services with SI Mechanical for one (1) additional year as stated in the original bid. All present voted “Aye.” MOTION PASSED. 34671 APPROVE OUT OF STATE TRAVEL FOR LIEUTENANT ERIC BATCH AND

IT SUPPORT SPECIALIST, CRYSTAL TORRES TO MONTGOMERY, ALABAMA RELATED TO JAIL EQUIPMENT AND INSPECTIONS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith seconded by Commissioner Shell to approve out of state travel for Lieutenant Eric Batch and IT Support Specialist, Crystal Torres to Montgomery, Alabama related to jail equipment and inspections and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34672 AUTHORIZE PAYMENT TO CELLULAR CONTROLLED PRODUCTS FOR

$599.40 FOR THE FERAL HOG ABATEMENT GRANT PROGRAM IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

Dan Lyon made a public comment against the item. Commissioner Jones, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize payment to Cellular Controlled Products for $599.40 for the Feral Hog Abatement grant program in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34673 AUTHORIZE PAYMENT TO LASER SERVICE USA FOR $515 FOR AN FY19

INVOICE FOR TONER CARTRIDGES IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize payment to Laser Service USA for $515 for an FY19 invoice for toner cartridges in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34674 APPROVE SPECIFICATIONS FOR RFP 2020-P05 BUILDER SERVICES:

RESIDENTIAL REHABILITATION, RECONSTRUCTION, AND NEW CONSTRUCTION AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe approve specifications for RFP 2020-P05 Builder Services: Residential Rehabilitation, Reconstruction, and New Construction and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

34675 APPROVE SPECIFICATIONS FOR IFB 2020-B04 CONCRETE AND

AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe approve specifications for IFB 2020-B04 Concrete and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED.


***** ***** DECEMBER 17, 2019

34676 AUTHORIZE THE COUNTY JUDGE TO EXECUTE WORK AUTHORIZATION #3 TO THE PROFESSIONAL SERVICE AGREEMENT (PSA) BETWEEN HAYS COUNTY AND BOWMAN CONSULTING GROUP, LTD., AND DECLARE AN EXCEPTION TO COMPETITIVE PROCUREMENT UNDER SECTION 262.024(A)(4) OF THE TEXAS LOCAL GOVERNMENT CODE.

Dan Lyon made a public comments of his concern with the contract. Marisol Villarreal- Alonzo, Auditors office, Mark Kennedy, General Counsel, Commissioner Smith and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute Work Authorization #3 to the Professional Service Agreement (PSA) between Hays County and Bowman Consulting Group, Ltd., and declare an exception to competitive procurement under Section 262.024(a)(4) of the Texas Local Government Code. All present voted “Aye.” MOTION PASSED.

34677 AUTHORIZE THE EXECUTION AND SUBMISSION OF A RESOLUTION AND

GRANT APPLICATION TO THE CAPITAL AREA COUNCIL OF GOVERNMENTS (CAPCOG), REGIONAL SOLID WASTE GRANT PROGRAM FOR UP TO $60,000.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the execution and submission of a Resolution and grant application to the Capital Area Council of Governments (CAPCOG), Regional Solid Waste Grant Program for up to $60,000. All present voted “Aye.” MOTION PASSED. 34678 APPROVE THE RE-APPOINTMENTS OF LEIGHTON STALLONES AND LEE

ANN KENWORTHY TO EMERGENCY SERVICE DISTRICT (ESD) #3, TWO YEAR TERMS ENDING DECEMBER 31, 2021.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the re-appointments of Leighton Stallones and Lee Ann Kenworthy to Emergency Service District (ESD) #3, two year terms ending December 31, 2021. All present voted “Aye.” MOTION PASSED. 34679 APPROVE THE CANCELLATION OF HAYS COUNTY COMMISSIONERS

COURT ON FEBRUARY 11, MARCH 17, MAY 5, JUNE 16, OCTOBER 6, DECEMBER 1, AND DECEMBER 29, 2020.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the cancellation of Hays County Commissioners Court on February 11, March 17, May 5, June 16, October 6, December 1, and December 29, 2020.All present voted “Aye.” MOTION PASSED. 34680 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR MY REAL LIFE

CHURCH, 13701 FM 1826 AUSTIN, TEXAS 78737. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for My Real Life Church, 13701 FM 1826 Austin, Texas 78737. All present voted “Aye.” MOTION PASSED. 34681 APPROVE THE RE-APPOINTMENT OF CHRIS BAKER TO EMERGENCY

SERVICE DISTRICT (ESD) #9, A TWO YEAR TERM ENDING DECEMBER 31, 2021.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the re-appointment of Chris Baker to Emergency Service District (ESD) #9, a two year term ending December 31, 2021. All present voted “Aye.” MOTION PASSED.

34682 APPROVE THE RE-APPOINTMENTS OF DANIEL O'BRIEN, AND GEOFFREY

TAHUAHUA TO EMERGENCY SERVICE DISTRICT (ESD) #1, TWO YEAR TERMS ENDING DECEMBER 31, 2021.

Commissioner Smith announced that he spoke with Walter Krudop and he will not be re-appointed. A motion was made by Commissioner Smith seconded by Commissioner Shell to approve the re-appointments of Daniel O'Brien and Geoffrey Tahuahua to Emergency Service District (ESD) #1, two year terms ending December 31, 2021. All present voted “Aye.” MOTION PASSED.


***** ***** DECEMBER 17, 2019

34683 APPROVE THE RE-APPOINTMENT OF BETH SMITH TO EMERGENCY SERVICE DISTRICT (ESD) #5, A TWO TERM ENDING DECEMBER 31, 2021.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the re-appointment of Beth Smith to Emergency Service District (ESD) #5, a two term ending December 31, 2021. All present voted “Aye.” MOTION PASSED.

34684 APPROVE THE RE-APPOINTMENTS OF STEVE JANDA AND MARILYN

MILLER TO EMERGENCY SERVICE DISTRICT (ESD) #6, TWO YEAR TERMS ENDING DECEMBER 31, 2021.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the re-appointments of Steve Janda and Marilyn Miller to Emergency Service District (ESD) #6, two year terms ending December 31, 2021. All present voted “Aye.” MOTION PASSED.

34685 APPROVE THE RE-APPOINTMENTS OF KAREN BROWN AND ERICA

GALLARDO TO THE HAYS COUNTY CHILD PROTECTIVE BOARD, A 3 YEAR TERM ENDING 12/31/22.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the re-appointments of Karen Brown and Erica Gallardo to the Hays County Child Protective Board, a 3 year term ending 12/31/22. All present voted “Aye.” MOTION PASSED.

34686 AUTHORIZE A WAIVER TO THE PURCHASING POLICY FOR THE

SHERIFF'S OFFICE TO UTILIZE BIDDLE CONSULTING GROUP, INC. RELATED TO CRITICALL, A 911 PRE-EMPLOYMENT SOFTWARE SUBSCRIPTION LICENSE.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize a waiver to the purchasing policy for the Sheriff's Office to utilize Biddle Consulting Group, Inc. related to Criticall, a 911 pre-employment software subscription license. All present voted “Aye.” MOTION PASSED.


RELATED TO THE INSTALLATION OF LOW-WATER CROSSING WARNING SYSTEMS WITHIN HAYS COUNTY, BETWEEN HAYS COUNTY AND WATER AND EARTH TECHNOLOGIES (WET) FOR THE INSTALLATION OF NEW FLOOD WARNING GAUGES, PRECIPITATION GAUGES, FLOOD CAMERAS AND SOIL MOISTURE GAUGES TO THE FLOOD WARNING SYSTEM, AND GRANT AN EXCEPTION FROM COMPETITIVE PROCUREMENT PURSUANT TO SECTION 262.024(A)(7) OF THE TEXAS LOCAL GOVERNMENT CODE.

Commissioner Shell thanked Justin McInnis, Emergency Services, and his staff for the work they do. Commissioner Shell also commended the companies that the County is working with. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute an Agreement Related to the Installation of Low-Water Crossing Warning Systems within Hays County, between Hays County and Water and Earth Technologies (WET) for the installation of new flood warning gauges, precipitation gauges, flood cameras and soil moisture gauges to the Flood Warning System, and grant an exception from competitive procurement pursuant to Section 262.024(a(7) of the Texas Local Government CodeAll present voted “Aye.” MOTION PASSED.


SERVICES AGREEMENT (PSA) WITH HALFF AND ASSOCIATES FOR ADVANCEMENTS TO THE HAYS COUNTY FLOOD WARNING SYSTEM, AND GRANT AN EXCEPTION FROM COMPETITIVE PROCUREMENT PURSUANT TO SECTION 262.024(A)(4) OF THE TEXAS LOCAL GOVERNMENT CODE.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement (PSA) with Halff and Associates for advancements to the Hays County Flood Warning System, and grant an exception from competitive procurement pursuant to Section 262.024(a)(4) of the Texas Local Government Code. All present voted “Aye.” MOTION PASSED.


***** ***** DECEMBER 17, 2019

34689 AWARD CONTRACT FOR IFB 2020-B03 CHAPARRAL PARK ROAD AT LITTLE BEAR CREEK TO SMITH CONTRACTING COMPANY, INC.

Commissioner Jones spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to award contract for IFB 2020-B03 Chaparral Park Road at Little Bear Creek to Smith Contracting Company, Inc. All present voted “Aye.” MOTION PASSED. 34690 ACCEPT AMENDMENT TO LETTER OF CREDIT NO. 5308 FOR STREET

AND DRAINAGE IMPROVEMENTS FOR LA CIMA PHASE 1, SECTION 2 SUB-1205 (108 LOTS).

Commissioner Shell spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to accept Amendment to Letter of Credit No. 5308 for street and drainage improvements for La Cima Phase 1, Section 2 SUB-1205 (108 Lots). All present voted “Aye.” MOTION PASSED. 34691 APPROVE THE FINAL PLAT FOR LA PUESTA DEL SOL SUBDIVISION; SUB-

1359. Colby Machacek, Development services, gave the court an update on the property no variances with full staff approval. A motion was made by Commissioner Shell seconded by Commissioner Smith to approve the final plat for La Puesta del Sol subdivision; SUB-1359.All present voted “Aye.” MOTION PASSED. 34692 APPROVE THE FINAL PLAT FOR MILAGRO SPRINGS, SEC 1, LOT 1

SUBDIVISION; PLN-1388-NP. Colby Machacek, Development services, gave the court an update on the property no variances with full staff approval A motion was made by Commissioner Shell seconded by Commissioner Smith to approve the final plat for Milagro Springs, Sec 1, Lot 1 subdivision; PLN-1388-NP. All present voted “Aye.” MOTION PASSED. 34693 APPROVE FINAL PLAT FOR THE JUVE POSADA SUBDIVISION; SUB-1103. Marcus Pacheco, Development services, updated the court on this property. There are no variances and has full staff recommendation. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve final plat for the Juve Posada Subdivision; SUB-1103. All present voted “Aye.” MOTION PASSED. 34694 AUTHORIZE THE DISTRICT ATTORNEY TO USE ASSET FORFEITURE

FUNDS TO HIRE THE ADMINISTRATIVE ASSISTANT II POSITION BUDGETED EFFECTIVE APRIL 1, 2020 TO BEGIN JANUARY 2ND AND AMEND THE BUDGET ACCORDINGLY.

Wes Mau, District Attorney, explained to the court the need for an administrative assistant and the urgency to have that person begin working in January. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the District Attorney to use Asset Forfeiture Funds to hire the Administrative Assistant II position budgeted effective April 1, 2020 to begin January 2nd and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34695 AWARD RFP 2020-P03 INMATE COMMISSARY SERVICES TO KEEFE

COMMISSARY NETWORK AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Shell seconded by Commissioner Jones to award RFP 2020-P03 Inmate Commissary Services to Keefe Commissary Network and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34696 APPROVE A RESOLUTION TO ADOPT A COUNTYWIDE FIRE CODE AND

THE RULES NECESSARY TO ADMINISTER AND ENFORCE THE 2018 INTERNATIONAL FIRE CODE FOR HAYS COUNTY.


***** ***** DECEMBER 17, 2019

Justin McInnis, Emergency Services, spoke on this item. Scott Raven, Fire Marshall, explained the need for the citizen’s safety as well as improving insurance rates for the Fire stations if Hays County was to adopt a Countywide Fire Code. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve a resolution to adopt a Countywide Fire Code and the rules necessary to administer and enforce the 2018 International Fire Code for Hays County. All present voted “Aye.” MOTION PASSED. 34697 AUTHORIZE THE SHERIFF'S OFFICE TO HIRE THE VACANT MECHANIC,

SLOT 1060-003 AT THE 25TH PERCENTILE EFFECTIVE DECEMBER 30, 2019.

Chief Deputy Davenport and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the Sheriff's Office to hire the vacant Mechanic, slot 1060-003 at the 25th percentile effective December 30, 2019. All present voted “Aye.” MOTION PASSED.

34698 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FOURTH AMENDMENT

TO THE INTERLOCAL COOPERATION AGREEMENT WITH HAYS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT TO ESTABLISH ONE (1) NEW SCHOOL RESOURCE OFFICER (SRO) EFFECTIVE JANUARY 1, 2020 FOR JOHNSON HIGH SCHOOL AND AMEND THE BUDGET ACCORDINGLY.

Chief Deputy Davenport and Commissioner Jones spoke about the projected growth of the school and the need for additional School Resource Officers in the future. The Commissioner also explained how the salaries of the officers are split between the School district and the county. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute a Fourth Amendment to the Interlocal Cooperation Agreement with Hays Consolidated Independent School District to establish one (1) new School Resource Officer (SRO) effective January 1, 2020 for Johnson High School and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 44 ACCEPT THE $19,056.76 VISIONALITY SECOND PHASE PROPOSAL,

ADDING INDIVIDUAL MONITORS WITH ACCESS TO AGENDA AND BACKUP, AS WELL AS AUTOMATED PARLIAMENTARY PROCEDURES AND RECORDING OF VOTES AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe mentioned that she requested monitors for the dais. Commissioner Smith wants to see phase one completed before making a decision on the second phase. Judge Becerra requested an update about phase one from Dr. Elaine Cardenas, County Clerk, and Tammy Crumley, County Wide Operations. No action was taken.

Clerk’s note: Court took a recess at 10:37 a.m. and resumed into open session at 10:42 a.m. 34699 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT

BETWEEN HAYS COUNTY AND TYLER TECHNOLOGIES, INC. RELATED TO TRAINING FOR JUSTICE OF THE PEACE LEGISLATIVE UPDATES WITHIN ODYSSEY CASE MANAGER AND AMEND THE BUDGET ACCORDINGLY.

Jeff McGill, Director of Information Technology, spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge to execute an agreement between Hays County and Tyler Technologies, Inc. related to training for Justice of the Peace legislative updates within Odyssey Case Manager and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34700 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT IN THE AMOUNT OF $25,500 BETWEEN HAYS COUNTY AND BLAIR WILDLIFE CONSULTING, LLC, RELATED TO MANAGEMENT OF HAYS COUNTY'S REGIONAL HABITAT CONSERVATION PLAN.


***** ***** DECEMBER 17, 2019

Commissioner Shell and Commissioner Smith spoke of the positive outcomes from consulting with Blair Wildlife Consulting, LLC. Judge Becerra had questions about a change in scope of work. Mark Kennedy, General Counsel, made clarifications of the contract covering the scope between Hays County and Blair Wildlife Consulting, LLC. Commissioner Jones made positive comments about working with Blair Wildlife Consulting, LLC. A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement in the amount of $25,500 between Hays County and Blair Wildlife Consulting, LLC, related to management of Hays County's Regional Habitat Conservation Plan. All present voted “Aye.” MOTION PASSED. 34701 CONSIDER A VARIANCE FROM SECTION 10 W-1 OF THE HAYS COUNTY

RULES FOR ON-SITE SEWAGE FACILITIES TO THE OWNER AT 107 HIGH ROAD, KYLE, TX 78610.

Caitlyn Strickland, Development Services, Commissioner Ingalsbe, Commissioner Jones, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to consider a variance from Section 10 W-1 of the Hays County Rules for On-Site Sewage Facilities to the owner at 107 High Road, Kyle, TX 78610. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED. 34702 APPROVE ADDITIONAL NAMING ON UTILITY PERMITS FEE ON THE HAYS

COUNTY DEVELOPMENT SERVICES FEE SCHEDULE. Caitlyn Strickland, Development Services, spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to approve additional naming on Utility Permits fee on the Hays County Development Services Fee Schedule. All present voted “Aye.” MOTION PASSED.

34703 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE FIRST AMENDMENT

TO THE ANTHEM SUBDIVISION PHASING AGREEMENT. Caitlyn Strickland, and Marcus Pacheco Development Services, Commissioner Ingalsbe, and Commissioner Jones spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute the First Amendment to the Anthem Subdivision Phasing Agreement. All present voted “Aye.” MOTION PASSED. 50 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A NEW MASTER

SERVICES AGREEMENT BETWEEN HAYS COUNTY, TEXAS AND SECURUS TECHNOLOGIES, INC. RELATED, BUT NOT LIMITED TO, THE INMATE TELEPHONE COMMUNICATION SYSTEM, VIDEO VISITATION SYSTEM, DEPLOYMENT OF TABLETS, AND LAW LIBRARY SERVICES.

Captain Villapando was present in court to explain the needs for the services provided. Mark Kennedy, General Counsel, Commissioner Shell and Judge Becerra spoke on this item. No action taken. 34704 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE TYLER

TECHNOLOGIES, INC. PROPOSAL RELATED TO MOBILE CAD SOFTWARE LICENSES FOR LAW ENFORCEMENT, FIRE AND EMS AND AMEND THE BUDGET ACCORDINGLY.

Jeff McGill, Director of Information Te3chnology, Mark Kennedy, General Counsel, Commissioner Shell, Commissioner Ingalsbe, and Judge Becerra spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute the Tyler Technologies, Inc. Proposal related to Mobile CAD software licenses for Law Enforcement, Fire and EMS and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34705 AUTHORIZE A GRANT BUDGET ADJUSTMENT FOR THE FY20 TEXAS

INDIGENT DEFENSE COMMISSION (TIDC) HAYS COUNTY INDIGENT DEFENSE COORDINATOR (IDC) PROGRAM GRANT IN THE AMOUNT OF $6,105 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize a grant budget adjustment for the FY20 Texas Indigent Defense Commission (TIDC) Hays County Indigent


***** ***** DECEMBER 17, 2019

Defense Coordinator (IDC) Program grant in the amount of $6,105 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. Court convened into Executive Session 11:08 a.m. Then reconvened into open court at 12:31 p.m. Clerk’s Note Agenda Item #53 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY REGARDING PARKS AND OPEN SPACE WITHIN HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – WAS PULLED. Clerk’s Note Agenda Item #54 RE: EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – WAS PULLED. 55 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF

THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken. Clerk’s Note Agenda Item #56 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND/OR DELIBERATION REGARDING THE PURCHASE, EXCHANGE, LEASE, USE, OR VALUE OF REAL PROPERTY OWNED BY HAYS COUNTY LOCATED AT 712 S. STAGECOACH TRAIL, SAN MARCOS, TX. POSSIBLE ACTION TO FOLLOW IN OPEN COURT. – WAS PULLED. 57 DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN

AND/OR DISASTER DECLARATION. Judge Becerra announced Scott Raven, Fire Marshall, recommendation to continue the burn ban lift.

58 DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS.

Judge Becerra read Sheriff Cutler’s report of the inmate population and cost of inmate outsourcing.

Clerk’s Note Agenda Item #59 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #60 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED. Clerk’s Note Agenda Item #61 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW – WAS PULLED. ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 1:27 p.m.







***** ***** DECEMBER 23, 2019

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 23RD DAY OF DECEMBER A.D., 2019, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

RUBEN BECERRA COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 LON A. SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4


THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Randolph Goodman gave a public comment. 34706 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to approve payments of county invoices. All present voted “Aye.” MOTION PASSED.

34707 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe. All present voted “Aye.” MOTION PASSED.

34708 APPROVE THE PAYMENT OF THE ELECTION PAYROLL DISBURSEMENTS

IN AN AMOUNT NOT TO EXCEED $101,000.00 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to approve the payment of the election payroll disbursements in an amount not to exceed $101,000.00 and post totals for wages, withholdings, deductions and benefits on the hays county website once finalized. All present voted “Aye.” MOTION PASSED.

34709 DECLARE HOLIDAY HOURS FOR COUNTY EMPLOYEES FROM 1 P.M. TO 5 P.M.(ONE HALF DAY) ON TUESDAY, DECEMBER 24, 2019; TO ALLOW DEPARTMENT HEADS AND ELECTED OFFICIALS TO USE THEIR DISCRETION TO FULFILL STAFFING NEEDS DURING THOSE HOURS; AND TO PROVIDE THE ACCRUAL OF COMP TIME OR HOLIDAY PAY, AS APPROPRIATE, FOR NON-EXEMPT EMPLOYEES WHO WORK DURING THOSE HOURS.

Mark Kennedy, General Counsel, Commissioner Shell, Commissioner Ingalsbe, Commissioner Smith, and Judge Becerra spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to declare holiday hours for county employees from 1 p.m. to 5 p.m.(one half day) on Tuesday, December 24, 2019; to allow department heads and elected officials to use their discretion to fulfill staffing needs during those hours; and to provide the accrual of comp time or holiday pay, as appropriate, for non-exempt employees who work during those hours. All present voted “Aye.” MOTION PASSED.

34710 HOLD A PUBLIC HEARING IN ACCORDANCE WITH SECTION 293.101 OF

THE TEXAS HEALTH AND SAFETY CODE TO HEAR PUBLIC COMMENTS AND CONSIDER ACTION CONCERNING THE AMOUNT OF THE


***** ***** DECEMBER 23, 2019

MANDATORY PAYMENTS REQUIRED OF ALL LOCAL HOSPITALS IN FISCAL YEAR (FY) 2020 PURSUANT TO THE COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM AND HOW THE REVENUE DERIVED FROM THOSE PAYMENTS IS TO BE SPENT.

Judge Becerra opened the Public Hearing. No comments were made. Judge Becerra closed the Public Hearing. Donald Lee, Texas Essential Healthcare Partnership, Stephanie Nelson Central Texas Medical Center, and Emiliano Romero, Ascension Seton, presented to the Court. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the. All present voted “Aye.” MOTION PASSED. ADJOURNMENT A motion was made by Commissioner Shell, seconded by Commissioner to adjourn court at 11:05 a.m.






Documents

hayscountytx.com · Ingalsbe to authorize payment to Thomson Reuters for book subscription, where no purchase order was issued per County Purchasing Policy. All present voting “Aye”