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Commissioners Court –August 5, 2014 NOTICE OF A MEETING OF THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 5 th day of August, 2014, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects: CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag ROLL CALL PRESENTATIONS & PROCLAMATIONS 1 3-4 Adopt a Proclamation declaring August, 2014 as National Immunization Awareness Month. INGALSBE/GARZA/RODRIGUEZ PUBLIC COMMENTS At this time 3-MINUTE comments will be taken from the audience on Non-Agenda related topics. To address the Court, please submit a Public Participation/ Witness Form to the County Clerk. Please Complete the Public Participation/ Witness Form in its Entirety. NO ACTION MAY BE TAKEN BY THE COURT DURING PUBLIC COMMENTS. CONSENT ITEMS The following may be acted upon in one motion. A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action. 2 5 Approve payments of county invoices. HERZOG 3 6-11 Approve Commissioners Court Minutes of July 29, 2014. COBB/GONZALEZ 4 12-17 Authorize the County Judge to execute a maintenance agreement with Touch Legal Inc. for the law library kiosk located at the Jail. COBB/CUTLER 5 18-19 Authorize the Sheriff's Office to utilize Drug Forfeiture funds for supplemental pay and amend the budget accordingly. COBB/CUTLER 6 20-23 Approve Utility Permits. COBB/WHISENANT/BORCHERDING 7 24 Authorize Institutional OSSF Permit at 161 Weldon Johnston, Kyle, TX. INGALSBE/MCINNIS 8 25 Authorize Institutional OSSF Permit at 181 Weldon Johnston, Kyle, TX. INGALSBE/MCINNIS 9 26-31 Authorize Pct. 1 Commissioner to hire and sign a contract for Professional Services with Klotz & Associates for detailed roadway improvement based on the recent Harris Hill Road Drainage Study. INGALSBE/BORCHERDING 10 32-37 Authorize Pct. 1 Commissioner to hire and sign a contract for Professional Services with Brown & Gay Engineering for preliminary design of a sidewalk on Rattler Road from the FM110/McCarty Lane intersection to CR266. INGALSBE/BORCHERDING 11 38-39 Approval to award IFB 2014-B06 Road Building Materials to multiple vendors. COBB/BORCHERDING/MAIORKA 12 40-41 Accept the resignation of Kimberly Freer as ESD #1 Board member. WHISENANT ACTION ITEMS SUBDIVISIONS 13 42-43 SUB 199 - Liberty Ridge (8 lots). Discussion and possible action to approve final plat. WHISENANT/MCINNIS 14 44-46 SUB-209 Plat of Lots 37A & 68A Rainbow Ranch (2 Lots). Discussion and possible action to waive preliminary plan and public notification; approve final plat. CONLEY/MCINNIS MISCELLANEOUS 15 47 Discussion and possible action to authorize the County Judge to execute an Interlocal Agreement between Hays County and Hays CISD ("HCISD") for the provision of School Resource Officers ("SRO's"). JONES/CUTLER

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Page 1: PRESENTATIONS & PROCLAMATIONS · 8/5/2014  · Diana Juarez was killed in an automobile accident. The Tax Office at the Government Center will be closed on August 1st, 2014 in memory

Commissioners Court –August 5, 2014 NOTICE OF A MEETING OF THE

COMMISSIONERS COURT OF HAYS COUNTY, TEXAS

This Notice is posted pursuant to the Texas Open Meetings Act. (VERNONS TEXAS CODES ANN. GOV. CODE CH.551). The Hays County Commissioners Court will hold a meeting at 9:00 A.M. on the 5th day of August, 2014, in the Hays County Courthouse, Room 301, San Marcos, Texas. An Open Meeting will be held concerning the following subjects:

CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE - Pledge of Allegiance to the American Flag & Pledge of Allegiance to the Texas Flag ROLL CALL

PRESENTATIONS & PROCLAMATIONS

1 3-4 Adopt a Proclamation declaring August, 2014 as National Immunization Awareness Month. INGALSBE/GARZA/RODRIGUEZ

PUBLIC COMMENTS At this time 3-MINUTE comments will be taken from the audience on Non-Agenda related topics. To address the Court, please submit a

Public Participation/ Witness Form to the County Clerk. Please Complete the Public Participation/ Witness Form in its Entirety. NO ACTION MAY BE TAKEN BY THE COURT DURING PUBLIC COMMENTS.

CONSENT ITEMS The following may be acted upon in one motion.

A Commissioner, the County Judge, or a Citizen may request items be pulled for separate discussion and/or action. 2 5 Approve payments of county invoices. HERZOG 3 6-11 Approve Commissioners Court Minutes of July 29, 2014. COBB/GONZALEZ

4 12-17 Authorize the County Judge to execute a maintenance agreement with Touch Legal Inc. for the law library kiosk located at the Jail. COBB/CUTLER

5 18-19 Authorize the Sheriff's Office to utilize Drug Forfeiture funds for supplemental pay and amend the budget accordingly. COBB/CUTLER

6 20-23 Approve Utility Permits. COBB/WHISENANT/BORCHERDING 7 24 Authorize Institutional OSSF Permit at 161 Weldon Johnston, Kyle, TX. INGALSBE/MCINNIS 8 25 Authorize Institutional OSSF Permit at 181 Weldon Johnston, Kyle, TX. INGALSBE/MCINNIS

9 26-31 Authorize Pct. 1 Commissioner to hire and sign a contract for Professional Services with Klotz & Associates for detailed roadway improvement based on the recent Harris Hill Road Drainage Study. INGALSBE/BORCHERDING

10 32-37 Authorize Pct. 1 Commissioner to hire and sign a contract for Professional Services with Brown & Gay Engineering for preliminary design of a sidewalk on Rattler Road from the FM110/McCarty Lane intersection to CR266. INGALSBE/BORCHERDING

11 38-39 Approval to award IFB 2014-B06 Road Building Materials to multiple vendors. COBB/BORCHERDING/MAIORKA

12 40-41 Accept the resignation of Kimberly Freer as ESD #1 Board member. WHISENANT

ACTION ITEMS

SUBDIVISIONS

13 42-43 SUB 199 - Liberty Ridge (8 lots). Discussion and possible action to approve final plat. WHISENANT/MCINNIS

14 44-46 SUB-209 Plat of Lots 37A & 68A Rainbow Ranch (2 Lots). Discussion and possible action to waive preliminary plan and public notification; approve final plat. CONLEY/MCINNIS

MISCELLANEOUS

15 47 Discussion and possible action to authorize the County Judge to execute an Interlocal Agreement between Hays County and Hays CISD ("HCISD") for the provision of School Resource Officers ("SRO's"). JONES/CUTLER

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16 48 Discussion and possible action to clarify and establish a Countywide Policy related to projects preformed under Chapter 253 of the Texas Transportation Code. WHISENANT

17 49-58

Discussion and possible action to authorize the County Judge to execute a License Agreement between Hays County, Goldenwood Property Owners Association, Goldenwood West Property Owners Association, and Radiance Property Owners Association related to the installation and maintenance of landscaping implements located at the intersection of FM1826 and Crystal Hill Drive in Precinct 4. WHISENANT

18 59 Discussion and possible action to consider the appointment of Dr. Kevin Lewis as commissioner to Emergency Services District #1 in Hays County. WHISENANT

19 60-63 Discussion and possible action to authorize General Counsel to negotiate a Funding Agreement with the City of Wimberley related to the City's acquisition of 4.314 acres of open space in Precinct 3; to authorize the County Judge to sign said Agreement, once negotiated. CONLEY

20 64

Discussion and possible action to authorize General Counsel to negotiate a Professional Services Agreement related to assessment and/or repair of utility services at 712 S. Stagecoach Drive in San Marcos; to authorize the County Judge to sign said Agreement, once negotiated. COBB

WORKSHOP

21 65-79 11:00 A.M. Fire Code Workshop with possible court action. COBB/CHAMBERS

22 80 Budget Workshop regarding the FY 2015 Hays County Budget. Possible action may follow. COBB/HERZOG

EXECUTIVE SESSIONS The Commissioners Court will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel to discuss matters of land acquisition, litigation, and personnel matters as specifically listed on this agenda. The Commissioners

Court may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other item on this agenda.

23 81 Executive Session pursuant to 551.071 of the Texas Government Code: consultation with counsel regarding all pending and/or contemplated litigation involving Hays County. Possible action may follow in open court. COBB

24 82 Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding all individual positions for the Hays County Human Resources Department. Possible action may follow. COBB

STANDING AGENDA ITEMS The Commissioners Court utilizes Standing Agenda Items to address issues that are frequently or periodically discussed in court. This section allows the Court

to open the item when a need for discussion arises.

25 Discussion of issues related to inmate population at the Hays County Jail. COBB/CUTLER 26 Discussion and possible action related to the burn ban and/or disaster declaration. COBB/CHAMBERS

27 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. COBB

28 Discussion of issues related to the Hays County Water and Sewer Authority and the West Travis County Public Utility Agency. WHISENANT

ADJOURNMENT

Posted by 5:00 o'clock P.M. on the 1st day of August, 2014

COMMISSIONERS COURT, HAYS COUNTY, TEXAS

______________________________________________ CLERK OF THE COURT

Hays County encourages compliance with the Americans with Disabilities Act (ADA) in the conduct of all public meetings. To that end, persons with disabilities who plan to attend this meeting and who may need auxiliary aids such as an interpreter for a person who is hearing impaired are requested to contact the Hays

County Judge’s Office at (512) 393-2205 as soon as the meeting is posted (72 hours before the meeting) or as soon as practical so that appropriate arrangements can be made. While it would be helpful to receive as much advance notice as possible, Hays County will make every reasonable effort to

accommodate any valid request regardless of when it is received. Braille is not available.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Adopt a Proclamation declaring August, 2014 as National Immunization Awareness Month.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

PROCLAMATIONS/PRESENTATIONS August 5, 2014 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

CLINT GARZA/MARGIE RODRIGUEZ INGALSBE N/A

SUMMARY 27BPlease see attached Proclamation

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 PROCLAMATION DECLARING AUGUST, 2014 AS

NATIONAL IMMUNIZATION AWARENESS MONTH

WHEREAS, each year, children, adolescents and adults die from vaccine-preventable diseases or their complication; and WHEREAS, the burden of vaccine-preventable disease occurs in Texas among people of all cultures, races and ethnic and societal groups; and WHEREAS, safe and effective vaccines are readily available to protect against disease, disability and death from communicable diseases, including diphtheria, hepatitis A, hepatitis B, human papillomavirus, influenza, measles, meningitis, mumps, pertussis, pneumococcal disease, polio, rubella, tetanus and varicella; and WHEREAS, every August, the National Immunization Awareness Month campaign is devoted to increasing public knowledge, acceptance and use of vaccines to protect adolescents against serious, life-threatening diseases; and WHEREAS, the annual observance of National Immunization Awareness Month is intended to increase awareness and understanding of vaccine-preventable diseases and their prevention at local, state and national levels. NOW, THEREFORE, BE IT PROCLAIMED that the Hays County Commissioners Court does hereby proclaim the month of August, 2014 as:

NATIONAL IMMUNIZATION AWARENESS MONTH In Hays County and urge parents, young people and adults to make sure that they and their loved ones are up-to-date on their immunizations. We also encourage businesses, government agencies, community-based organizations and service groups to spread the immunization message throughout their communities. Being up-to-date protects them, their families and our community from preventable diseases.

ADOPTED THIS THE 5TH DAY OF AUGUST, 2014

 

Bert Cobb Hays County Judge

______________________________ ______________________________ Debbie Gonzales Ingalsbe Mark Jones Commissioner, Pct. 1 Commissioner, Pct. 2

______________________________ ______________________________ Will Conley Ray Whisenant Commissioner, Pct. 3 Commissioner, Pct. 4

ATTEST: _________________________ Liz Q. Gonzalez Hays County Clerk

STATE OF TEXAS § § COUNTY OF HAYS §

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Approve payment of County invoices.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT August 5, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR APPROVAL: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Auditor’s Office HERZOG N/A

SUMMARY

5

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Approve Commissioner Court Minutes of July 29, 2014.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT August 5, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Gonzalez COBB N/A

SUMMARY

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

JULY 29, 2014 ***** ***** VOLUME V PG 427

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 29TH DAY OF JULY A.D., 2014, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

ALBERT H. COBB JR COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2

WILL CONLEY COMMISSIONER, PCT. 3 RAY O. WHISENANT JR COMMISSIONER, PCT. 4 LIZ Q. GONZALEZ COUNTY CLERK

AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Reverend Carl W. Clark Chaplin gave the invocation. Judge Cobb led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Cobb called the meeting to order. PUBLIC COMMENTS Judge spoke of the loss of a County Employee over the weekend. Diana Juarez was killed in an automobile accident. The Tax Office at the Government Center will be closed on August 1st, 2014 in memory of Diana Juarez. The Tax Office at the Pct. 2 and Pct. 4 buildings will be open for the public. 29976 ADOPT A PROCLAMATION RECOGNIZING AUGUST 2014 AS "NATIONAL

BREASTFEEDING MONTH" IN HAYS COUNTY Kim Castro, WIC Peer Counselor spoke. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Conley to adopt a Proclamation recognizing August 2014 as “National Breastfeeding Month” in Hays County. All voting “Aye”. MOTION PASSED 29977 APPROVE PAYMENTS OF COUNTY INVOICES A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve payments of county invoices in the amount of $288,738.13 as submitted by the County Auditor. All voting “Aye”. MOTION PASSED 29978 APPROVE COMMISSIONERS COURT MINUTES OF JULY 22, 2014 A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve Commissioners Court Minutes of July 22, 2014 as presented by County Clerk. All voting “Aye”. MOTION PASSED 29979 APPROVE OUT OF STATE TRAVEL FOR EVIDENCE TECHNICIAN, MELODY

JARAMIO TO ATTEND TRAINING IN GLYNCO, GA The Sheriff's Office is sending Evidence Technician, Melody Jaramio to attend training out of state. The training is "Advanced Forensic in Crime Scene Investigations Level I" (AFTCSI-1) offered by the Federal Law Enforcement Training Center in Glynco, GA. The AFTCSI-1 is designed for qualified law enforcement officers, criminal investigators, crime scene technicians, and civilians who have a background in crime scene processing and investigations. The program offers the student many laboratory and crime scene exercises to become proficient in the location, documentation, collection, and preservation of physical evidence commonly encountered at a crime scene. No additional funds are needed for this training; tuition will be paid for from Sheriff's Federal Discretionary Funds. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve out of state travel for Evidence Technician, Melody Jaramio to attend training in Glynco, GA. All voting “Aye”. MOTION PASSED 29980 AUTHORIZE INSTITUTIONAL OSSF PERMIT AT 18297 FM 150, DRIFTWOOD, TX Educated Roofing Systems is proposing an OSSF to serve 2 office/warehouse buildings, with lease space, in Precinct 4. This property consists of 3.08 acres in the Fannie A Darden Survey. Water will be supplied by an existing private water well. The system designer, Jon Maass, R.S., has designed a treatment system which consists of flow equalization, aerobic treatment, and dispersal to surface irrigation at a daily usage rate of 240 gallons. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize Institutional OSSF Permit at 18297 FM 150, Driftwood, TX. All voting “Aye”. MOTION PASSED

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

VOLUME V PG 428 ***** ***** JULY 29, 2014 29981 APPROVE SPECIFICATIONS FOR IFB 2014-B07 EMULSION OILS AND

AUTHORIZE PURCHASING TO SOLICIT FOR BID AND ADVERTISE A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve specifications for IFB 2014-B07 Emulsion Oils and authorize purchasing to solicit for bid and advertise. All voting “Aye”. MOTION PASSED 29982 APPROVE RENEWAL AGREEMENT WITH NEW WORLD SYSTEMS FOR

MAINTENANCE OF THE COUNTY'S FINANCIAL SYSTEM SOFTWARE AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE AGREEMENT

Our software contract references an increase in our maintenances fees for years 6-10 as the lesser of 5% or the CPI for the previous 12 months. This amended maintenance agreement will lock the rate for the next 5 years to 2% which is the current CPI. I believe that our current inflation rate will increase over the next 5 years and it would be to our advantage to lock it in at 2%. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve Renewal Agreement with New World Systems for Maintenance of the County’s Financial System Software and authorize the County Judge to execute the Agreement. All voting “Aye”. MOTION PASSED 29983 APPROVE THE RECOMMENDATION AND SELECTION OF RVI AS MOST

QUALIFIED FIRM FOR RFQ 2014-P01 “PARKS DESIGN AND CONSTRUCTION” AND AUTHORIZE CONTRACT NEGOTIATION

On June 17, 2014 the Commissioners Court approved the solicitation of a Request for Qualifications (RFQ) for consultant services for parks design and construction documents for the Jacob's Well Natural Area and the Dahlstrom Ranch Public Access Area. The deadline for submission of responses was July 10, 2014 and four firms responded to the RFQ. Submissions were evaluated per established rating criteria by a team of three staff members. The firm of RVI has been recommended for the project. Upon approval of the recommendation, staff will negotiate a contract with the selected firm for consideration by the Commissioners Court at a later date. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to approve the recommendation and selection of RVI as most qualified firm for RFQ 2014-P01 “Parks Design and Construction” and authorize contract negotiation. All voting “Aye”. MOTION PASSED 29984 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE A REPLACEMENT

COMPUTER AND AMEND THE BUDGET ACCORDINGLY The Sheriff's Office needs a replacement computer for the HR Coordinator. I.T. has evaluated the current computer and advised that a replacement computer is needed. Funds for the replacement computer have been identified in the Sheriff's Office budget. Budget Amendment: Decrease 001-618-00.5719_700/Misc. Equipment Outlay ($804.00) Increase 001-680-00.5712_400/Computer Equipment $804.00. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the Sheriff’s Office to purchase a replacement computer and amend the budget accordingly. All voting “Aye”. MOTION PASSED 29985 AUTHORIZE THE SHERIFF'S OFFICE TO ACCEPT REIMBURSEMENT FROM THE

UNITED STATES SECRET SERVICE AND AMEND THE BUDGET ACCORDINGLY The Sheriff's Office is a member of the Central Texas Financial Crimes Task Force, which is managed by the United States Secret Service (USSS). The USSS will reimburse Hays County for the purchase of computer supplies. Budget Amendment: Increase Revenue 001-618-99-077.4301; Intergovernmental revenue $304.00 Increase Expense 001-618-99-077.5211 Office & Computer Supplies $304.00. A motion was made by Commissioner Ingalsbe, seconded by Commissioner Whisenant to authorize the Sheriff’s Office to accept reimbursement from the United States Secret Service and amend the budget accordingly. All voting “Aye”. MOTION PASSED

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

JULY 29, 2014 ***** ***** VOLUME V PG 429 29986 [13-2-4] SATTERWHITE RIDGE SUBDIVISION (59 LOTS) APPROVE FINAL PLAT;

ACCEPT CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS AND ACCEPT A MAINTENANCE BOND IN THE AMOUNT OF $33,822.00 AND LETTER OF CREDIT NO. 1582 FOR REVEGETATION IN THE AMOUNT OF $16,800.00

Roxie McInnis Development Services Manager gave staff recommendation. The proposed Satterwhite Ridge Subdivision is a 59 lot residential division of 43.00 acres located off of Satterwhite Road in Precinct 2. Lots range in size from 0.50 to 1.29 acres with an average lot size of 0.63 acres. The developer has constructed 4,184 linear feet of roadway which will be dedicated to and maintained by Hays County. All lots in the subdivision will be served by Goforth Special Utility District and advanced on-site sewage facilities. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe approve final plat; accept construction of street and drainage improvements and accept a Maintenance Bond in the amount of $33,822.00 and Letter of Credit No. 1582 for revegetation in the amount of $16,800.00 for (13-2-4) Satterwhite Ridge Subdivision. All voting “Aye”. MOTION PASSED 29987 WAIVE DEVELOPMENT FEES FOR THE WIMBERLEY VALLEY HABITAT FOR

HUMANITY HOME LOCATED AT 46 PERSIMMON DRIVE, WOODCREEK This is a non-profit community assistance organization that utilizes volunteers to build homes for low income families. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to waive Development Fees for the Wimberley Valley Habitat for Humanity Home located at 46 Persimmon Drive, Woodcreek. All voting “Aye”. MOTION PASSED 29988 SUPPORT THE 2014 ANNUAL RAINWATER FESTIVAL TO BE HELD IN DRIPPING

SPRINGS ON SATURDAY, OCTOBER 25TH, 2014 AT THE DRIPPING SPRINGS RANCH PARK AND EVENT CENTER

The purpose of this event is to educate, promote and celebrate rainwater collection. The event will include a daylong schedule of presentations by professionals and users of rainwater from across Texas. There will be water conservation-related business vendor booths, rainwater system displays and experts to provide guidance, information and services. The suggested level of Sponsorship would be $1,000.00 and the suggested source of funding would be the LCRA/WTCPUA Franchise Fund. A motion was made by Commissioner Whisenant, seconded by Commissioner Ingalsbe to support the 2014 Annual Rainwater Festival to be held in Dripping Springs on Saturday, October 25th, 2014 at the Dripping Springs Ranch Park and Event Center. All voting “Aye”. MOTION PASSED Clerk’s Note Agenda Item # 14 RE: AUTHORIZE THE COUNTY JUDGE TO EXECUTE A FREEPORT EXEMPTION AGREEMENT BETWEEN HAYS COUNTY AND VARIOUS LOCAL COMPANIES WHICH SELL FREEPORT GOODS UNDER SECTION 11.251 OF THE TEXAS TAX CODE – was pulled 29989 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE SALARY SAVINGS TO

PURCHASE NEW VEHICLES AND EQUIPMENT AND AMEND THE BUDGET ACCORDINGLY

Capt. Mike Davenport of the Sheriff’s Office spoke. Due to attrition, the Sheriff's Office has salary savings identified and would like to utilize this savings to purchase new vehicles and equipment for the Patrol Division. A motion was made by Commissioner Conley, seconded by Commissioner Whisenant to authorize the Sheriff’s Office to utilize salary savings to purchase new vehicles and equipment and amend the budget accordingly. All voting “Aye”. MOTION PASSED 29990 SET DATES FOR BUDGET WORKSHOPS FOR THE FY 2015 BUDGET INCLUDING

A PRESENTATION OF THE JUDGE’S PROPOSED BUDGET AND THE SELECTION OF DATES FOR BUDGET WORKSHOPS

Judge Cobb presented his recommended balanced budget. Here are the highlights: Balanced Budget with NO Tax Rate increase - $0.4690. Capital Projects - $225k to complete implementation of a new CAD system, $150k to continue study of a new Jail Facility. Capital Assets - $525k for 15 replacement Law Enforcement vehicles with equipment, to be distributed by the Court, $161k to replace infrastructure for outdated and inadequate server storage and add Wi-Fi capabilities throughout the County, $103k to upgrade District Court Room #6 to full functionality for Jury Trials, $171k for Capital Software to address Video magistration, County Wide custom reporting and electronic storage options. Personnel – Salary increases and incentive pay for eligible Law Enforcement positions per Collective Bargaining Agreement, 4% for all other employees, (combination of Merit and/or Market Adjustments), 2% movement in current salary chart to address new hires in our increasingly competitive market, 4% COLA for Elected Officials. Decreased Use of Reserves from prior years - $1,510,605 total use of reserves for FY 2015. A motion was made by Judge Cobb, seconded by Commissioner Whisenant to set dates for budget workshops on Aug. 5th, Aug. 12th, and Aug. 19th, 2014 for the FY 2015 Budget. Commissioner Conley not present for vote. Commissioner Ingalsbe, Commissioner Jones, Commissioner Whisenant and Judge Cobb voting “Aye”. MOTION PASSED

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

VOLUME V PG 430 ***** ***** JULY 29, 2014 29991 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT BETWEEN HAYS COUNTY AND BOWMAN CONSULTING FOR SERVICES RELATED TO WATER SAMPLING AND A PROPERTY HISTORY REPORT AT THE HAYS COUNTY GOVERNMENT CENTER LOCATED AT 712 SOUTH STAGECOACH TRAIL IN PRECINCT 1

A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement between Hays County and Bowman Consulting for services related to water sampling and a property history report at the Hays County Government Center located at 712 South Stagecoach Trail in Precinct 1 with money coming out of contingencies. Commissioner Conley not present for vote. Commissioner Ingalsbe, Commissioner Jones, Commissioner Whisenant and Judge Cobb voting “Aye”. MOTION PASSED 29992 CALL FOR A PUBLIC HEARING ON AUGUST 12TH, 2014 RELATED TO THE

IMPROVEMENTS OF BOULDER BLUFF IN PRECINCT 4 PURSUANT TO CHAPTER 253 OF THE TEXAS TRANSPORTATION CODE, AND AUTHORIZE THE OFFICE OF GENERAL COUNSEL TO PUBLISH NOTICE OF SAID MEETING

General Counsel Mark Kennedy stated that Chapter 253 requires publication twice prior to the public hearing. His office will do the publications. Commissioner Precinct 4 proposes to have public meeting to address questions and concerns citizens may have related to this project. A motion was made by Commissioner Whisenant, seconded by Commissioner Jones to call for a public hearing on August 12th, 2014 related to the improvements of Boulder Bluff in Precinct 4 pursuant to Chapter 253 of the Texas Transportation Code, and authorize the Office of General Counsel to publish Notice of said meeting. All voting “Aye”. MOTION PASSED EXECUTIVE SESSION PURSUANT TO 551.071 OF THE TEXAS GOVERNMENT COD: CONSULTATION WITH COUNSEL REGARDING ALL PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. Court convened into Executive Session at 10:25 a.m. and reconvened into opened court at 11:10 a.m. In Executive Session were Commissioner Ingalsbe, Commissioner Jones, Commissioner Conley, Commissioner Whisenant, Judge Cobb, General Counsel Mark Kennedy and Chief of Staff Lon Shell. No action taken. DISCUSSION OF ISSUES RELATED TO INMATE POPULATION AT THE HAYS COUNTY JAIL Jail Cpl. Heather Holandes with the Hays County Sheriff’s Office gave an updated report on the Hays County Jail Population. The current maximum jail capacity is 362 inmates. Jail Standards recommends holding approximately 10% of capacity open. That lowers our recommendation to 311. The jail’s daily average was 314 and peak was 323 on July 25th for the week of July 20 to July 26, 2014. The maximum female capacity is 56 inmates. Last week’s average was 50 and peak was 53 on 7/22/2014. The maximum male capacity is 276 inmates. Last week’s average was 264 and peak was 271 on 7/25/2014. ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. Assistant Fire Marshal Clint Browning spoke. The current Drought Index is at 477 and rain is forecasted for the next few days. It is his recommendation that we keep the Burn Ban lifted and he urged for everyone to use extreme caution when doing outside burning. Clerk’s Note Agenda Item #22 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, LAURA HARRIS, HNTB AND ALLEN CROZIER, HDR – was pulled Clerk’s Note Agenda Item #23 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY WATER AND SEWER AUTHORITY AND THE WEST TRAVIS COUNTY PUBLIC UTILITY AGENCY – was pulled

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HAYS COUNTY COMMISSIONERS' COURT MINUTES

JULY 29, 2014 ***** ***** VOLUME V PG 431 A motion was made by Commissioner Jones, seconded by Commissioner Whisenant to adjourn court.

I, LIZ Q. GONZALEZ, 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 July 29, 2014.

LIZ Q GONZALEZ, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Authorize the County Judge to execute a maintenance agreement with Touch Legal Inc. for the law library kiosk located at the Jail.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT August 5, 2014 $1,080.00

LINE ITEM NUMBER Jail Inmate Trust Fund

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: BILL HERZOG

REQUESTED BY SPONSOR CO-SPONSOR

CUTLER COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BThe Hays County Jail is in need of an extended maintenance agreement with Touch Legal DBA Touch Sonic Technologies for the law library kiosk. The agreement will be funded by the Jail Inmate Trust Fund.

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AGREEMENT

MADE AND ENTERED into this 1st day of August, 2014, by and between Hays County Sheriff’s Office, located at 1307 Uhland Road, San Marcos, Texas 78666, hereinafter referred to as “County,” and TOUCH LEGAL, INC. DBA TOUCH SONIC TECHNOLOGIES, a California based corporation, having its principle office at 2630 Mendocino Avenue, Santa Rosa, California 95403, hereinafter referred to as the “Contractor.”

WITNESSETH:

WHEREAS, County has purchased one (1) Kiosk for the purpose of providing and electronic law library services to offenders who are committed to the Hays County Jail; and WHEREAS, County desires to renew the agreement with the Contractor for extended maintenance services for the aforementioned kiosks and servers; and NOW, THEREFORE, the parties hereto, intending to be legally bound, mutually agree as follows: 1. SCOPE OF SERVICES

A. Contractor agrees to extended maintenance services for one (1) law library kiosk currently installed and located at the Hays County Jail.

B. Contractor will furnish labor and parts or replacement equipment required to address the failure of any kiosk or server component during normal usage for the term of this Extended Maintenance Service Agreement.

C. The Extended Maintenance Service Agreement does not cover repair or replacement of a kiosk for any of the causes or provide coverage for any losses set forth below: 1. Any equipment located outside the United States of America or Canada; 2. Equipment sold without a Contractor manufacturer's warranty or sold "as is;" 3. Refurbished products with less than the original one year Contractor parts and

labor limited warranty; 4. Maintenance, repair or replacement necessitated by loss or damage resulting

from any cause other than normal use and operation of the Kiosk including but not limited to, theft, exposure to weather conditions, facility staff or inmate negligence, misuse, abuse, improper electrical/power supply, etc.;

5. Unauthorized repairs, improper installation or attachments, transportation damage;

6. Cosmetic damage to the enclosure case or other non-operating parts or components including but not limited to the wall mount bracket, desk mount bracket, cart mount bracket or industrial cart;

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7. Improper equipment modifications, vandalism, animal or insect infestation, rust, dust, corrosion, or acts of nature or any other peril originating from outside the product;

8. Damaged or defective LCD screens when the failure is caused by abuse or is otherwise excluded herein;

9. Any utilization of kiosk or related hardware that is inconsistent with either the design of the equipment or the intended use of the equipment ,

10. Kiosks with removed or altered serial numbers. 11. Damage to computer hardware and software caused by included, but not

limited to viruses, application programs, network programs, upgrades, formatting of any kind, databases, files, drivers, source code, object code or proprietary data, or any support, configuration, installation or reinstallation of any software or data by inmates or facility staff;

12. Service required as a result of any alteration of the equipment or repairs made by anyone other than an authorized Contractor service provider or its Contractors;

13. Custom Installations: Kiosk installed in cabinetry and other types of built-in applications are eligible for service as long as the customer makes the product accessible to the service technician. We are not responsible for dismantling or reinstallation of fixed infrastructure when removing or returning repaired or replaced product into a custom installation;

14. Kiosks with any operating system other than those originally installed and supported by Contractor;

15. Charges related to "no problem found" diagnosis. Non failure problems including but not limited to items not covered, noises, squeaks, etc.

16. Intermittent issues that are not product failures.

D. Contractor will attempt to repair or replace the kiosk at the customer location via technical phone support, email support or via onsite visit by an authorized Contractor systems technician, during normal business hours. 1. Otherwise, Contractor shall authorize a Return to Manufacturer Authorization

(RMA). i. Contractor shall be responsible for responsible for delivery of the

RMA unit to contractor and return delivery or shipment of the repaired or replacement Kiosk to the County’s facility.

E. Contractor personnel providing on-site service or support within the Hays County

Jail must comply with all County policies and procedures for visitors and Contractors entering the facility. While on-site, Contractor personnel must abide by the rules and regulations of the County.

F. CONTRACTOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

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2. COMPENSATION

A. County agrees to pay Contractor a total of One Thousand Eighty Dollars and Zero Cents ($1080.00) for extended maintenance services for one (1) kiosk.

B. Payment to the Contractor will be made upon execution of this agreement.

3. TERM AND TERMINATION

A. This Agreement shall commence on August 1, 2014 and unless sooner terminated will expire on July 31, 2015.

B. Notwithstanding any other provision herein, County or Contractor may terminate this agreement upon thirty (30) days prior written notice to the other party. In the event that this agreement is so terminated, Contractor shall be relieved of all obligations under this agreement and shall be paid only for services actually performed and for costs incurred, whether such costs be actual or accrued, prior to termination. Upon the compliance of all conditions within this section, any remaining balance is to be returned to County.

4. COMPLIANCE WITH LAWS

A. In providing the services described in this Agreement, Contractor agrees to comply with any and all applicable federal, state and local laws, statutes, rules or regulations.

B. Contractor agrees to incorporate into and make part of this Agreement, by reference or by setting forth at length, at the option of the County, any and all statutes, rules and regulations and assurances made pursuant thereto, the incorporation of which may be a pre-requisite to or condition of the County’s receiving any federal or state grant or loan or other governmental assistance.

5. CONFIDENTIALITY

A. Contractor shall ensure that records, names and identities of all clients including all former clients shall remain confidential, except as disclosure is permitted or required by law.

6. ASSIGNMENT AND DELEGATION A. Contractor shall have no right or power to assign, delegate, or subcontract any rights

or duties pursuant to this agreement, without prior written permission of the Warden, which consent shall not unreasonably be withheld. Regardless of any assignment, delegation or subcontracting, Contractor shall remain liable to County with respect to each and every term, condition and other provision hereof to the same extent that Contractor would have been obligated if no assignment, delegation or subcontract had been made.

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12. NOTICES All notices, reports and documents required under this agreement shall be in writing and shall be mailed by first class mail, postage prepaid, or sent by fax confirmed by letter, addressed as follows:

As to County: Hays County Sheriff’s Office 1307 Uhland Road San Marcos, Texas 78666

Or to such other place as County may from time to time designate in writing.

As to Contractor, to the address first named above or to such other place as the Contractor may from time to time designate in writing. 13. HEADINGS The headings of the several Sections of this agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope or intent of any provision of this agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 14. SEVERABILITY

The parties intend and agree that if any Section, subsection, phrase, clause or other provision of this agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this agreement shall remain in full force and effect. 15. MODIFICATION OR AMENDMENT This agreement constitutes the entire agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment, duly executed by the parties. County and Contractor agree that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof.

16. APPLICABLE LAW This agreement shall be deemed to have been made in and shall be construed in accordance with the laws of the State of California.

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IN WITNESS WHEREOF, this Agreement is duly executed by the parties hereto, intending themselves to be legally bound thereby, on the day and year first above written. ATTEST TOUCH LEGAL, INC. _______________________________ ____________________________________ Name: Name: Title: Title:

HAYS COUNTY SHERIFF’S OFFICE _______________________________ ____________________________________ Name: Name: Title: Title:

____________________________________

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Authorize the Sheriff's Office to utilize Drug Forfeiture funds for supplemental pay and amend the budget accordingly.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT August 5, 2014 $363

LINE ITEM NUMBER 053-618-00]

AUDITOR USE ONLY

AUDITOR COMMENTS: See attached budget amendment.

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: BILL HERZOG

REQUESTED BY SPONSOR CO-SPONSOR

Gary Cutler COBB N/A

SUMMARY 28B63B98B133B168B203B238B273B308BThe Sheriff is requesting supplemental pay for the Mechanic, slot 1060-003 for supervising and managing the fleet from June 1 to June 15 prior to filling the Equipment Superintendent position. Discretionary funds are available to fund this request. 29B64B99B134B169B204B239B274B309BBudget Amendment: 30B65B100B135B170B205B240B275B310BIncrease Staff Salaries - $302 31B66B101B136B171B206B241B276B311BIncrease FICA - $19 32B67B102B137B172B207B242B277B312BIncrease Medicare - $5 33B68B103B138B173B208B243B278B313BIncrease Retirement - $37 34B69B104B139B174B209B244B279B314BDecrease Misc Expense - ($363)

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AMENDMENTNO.FY2014-033 CC

FY2014 BUDGET08/05/2014

Appropriation AppropriationDept G/L Account Number Account Description Before Amendment Increase Decrease After AmendmentSHERIFF DRUG FORFEITURE FUND (053):Agenda Item #5:Sheriff (618):

053-618-00.5021 Staff Salaries 0 302 302 053-618-00.5101_100 FICA 0 19 19 053-618-00.5101_200 Medicare 0 5 5 053-618-00.5101_300 Retirement 0 37 37 053-618-00.5391 Miscellaneous 20,430 (363) 20,067

*Amend for supplemental pay for Mechanic, slot 003.

PARK BOND FUND 2011 (150):Agenda Item #19:Precinct 3 Projects:

150-800-97.5448 Park Bond Funding-CS 2,100,000 (25,000) 2,075,000 150-813-97-xxx.5600 Precinct 3 Projects 0 25,000 25,000

*Amend for contribution to City of Wimberley for Mount Baldy project.

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vickie.dorsett
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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Approve Utility Permits.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT August 5, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Jerry Borcherding COBB WHISENANT

SUMMARY 25B52B79B106B133B160B187B214B241BPermit Road Name Utility 26B53B80B107B134B161B188B215B242B928 Heritage Oaks Drive Water line (WTCPUA)

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HAYS COUNTY TRANSPORTATION DEPARTMENT

UTILITY PERMIT APPROVAL

Approval of Utility Permit: 928

Application Date: July 28, 2014

Commissioner Court Approval Date: August 5, 2014

Company Name: West Travis County Public Utility Agency (WTCPUA) Company Address: 12117 Bee Cave Rd, Bldg. 3, #120, Bee Cave, TX 78738 Company Phone: (512) 263-0100 Company Contact: Don Rauschuber, P.E. Type of Utility: Water line Road Name: Heritage Oaks Drive Subdivision: Heritage Oaks Pct #: 4 Specs: Installation of a new, 1 ½-inch water line for a single residence on Heritage Oaks Drive, crossing the roadway, with a trench to be back-filled.

County Provisions: Because the pavement is only 1 year old, the utility has included a letter

verifying that it plans to monitor the road cut for seeping, and will maintain the cut with their

paving contractor, Ramming Paving, should the need arise.

Please notify Hays County Transportation 24 hours before beginning the project,

monitor/maintain all traffic control devices in work zone.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Authorize Institutional OSSF Permit at 161 Weldon Johnston, Kyle, TX.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT August 5, 2014 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Roxie McInnis, Development Services Manager INGALSBE N/A

SUMMARY 26B54B82B110B138B166B194B222B250BRichard Edwards is proposing an OSSF to serve a 4-bay office/warehouse building in Precinct 1. This property is 1.14 acres. Water will be supplied by public water system. The site is within the Kyle City Limits. 27B55B83B111B139B167B195B223B251BThe system designer, James Massaro, P.E. has designed a treatment system which consists of standard treatment with the effluent dispersed to a low pressure dosed drainfield at a daily usage rate of 115 gallons.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Authorize Institutional OSSF Permit at 181 Weldon Johnston, Kyle, TX.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT August 5, 2014 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Roxie McInnis, Development Services Manager INGALSBE N/A

SUMMARY 26B54B82B110B138B166B194B222B250BRichard Edwards is proposing an OSSF to serve a 4-bay office/warehouse building in Precinct 1. This property is 1 acre. Water will be supplied by public water system. The site is within the Kyle City Limits. 27B55B83B111B139B167B195B223B251BThe system designer, James Massaro, P.E. has designed a treatment system which consists of standard treatment with the effluent dispersed to a low pressure dosed drainfield at a daily usage rate of 100 gallons.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Authorize Pct. 1 Commissioner to hire and sign a contract for Professional Services with Klotz & Associates for detailed roadway improvement based on the recent Harris Hill Road Drainage Study.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT August 5, 2014 $34,000

LINE ITEM NUMBER 020-710-22.5448_008 (Budgeted)

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: YES AUDITOR REVIEW: BILL HERZOG

REQUESTED BY SPONSOR CO-SPONSOR

Borcherding INGALSBE N/A

SUMMARY 27B55B83B111B139B167B195B223B251BContinued flooding of homes along Harris Hill Road warranted the now completed drainage study. This agenda item will fund detailed engineering drawings for the improvements cited in the study. These drawings will be used by County personnel to make the needed improvements along Harris Hill and will also provide exhibits to each resident detailing the impact on their property.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Authorize Pct. 1 Commissioner to hire and sign a contract for Professional Services with Brown & Gay Engineering for preliminary design of a sidewalk on Rattler Road from the FM110/McCarty Lane intersection to CR266.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT August 5, 2014 $35,782

LINE ITEM NUMBER 5448 (Budgeted)

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Borcherding INGALSBE N/A

SUMMARY 27B55B83B111B139B167B195B223B251BA preliminary design and schematic needs to be produced to determine the ROW requirements and general feasibility of building a mixed-use sidewalk from FM110 to CR266 (Old Bastrop Road) Schematics will be produced that can be used to discuss the project with residents, utility conflicts will be identified and a cost estimate will be developed.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Approval to award IFB 2014-B06 Road Building Materials to multiple vendors.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT August 5, 2014 N/A

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Borcherding/Maiorka COBB N/A

SUMMARY 26B53B80B107B134B161B188B215B242BThe award will be made to multiple vendors considering pit locations and best price per type of material in order to cover all road materials needed pursuant to TLGC 262.027 (e) (see attached tabulation).

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Colorado Materials

Vulcan Brauntex Industrial Asphalt

Type of MaterialsUnit of

Measure

TYPE A GRADE 2 Ton $4.75 $6.00 $4.50 $7.00

Type A Grade 3 Ton $11.00 NO BID NO BID NO BIDType A Grade 4 Ton $11.00 NO BID $14.00 NO BIDType A Grade 5 Ton $15.00 NO BID $10.25 NO BIDPEA GRAVEL Ton NO BID NO BID NO BID NO BID

Type PA GR 4 Ton $33.00 $18.00 $28.75 $40.00Type PA GR 5 Ton $47.00 $18.00 $28.75 NO BID

Black Base/Cold Mix Ton $72.00 NO BID $60.00 $63.00

CONCRETE FOR STRUCTURESPSI 3000 1 1/4" Rock Cubic Yard NO BID NO BID NO BID NO BIDPSI 3000 5/8" Rock Cubic Yard NO BID NO BID NO BID NO BIDPSI 3000 3/8" Rock Cubic Yard NO BID NO BID NO BID NO BID

Manufactured Sand Ton $10.00 NO BID $9.00 NO BID

3 X 5 Rock Ton $10.50 NO BID $9.00 NO BID

VULCAN MATERIALS - VULCAN SPICEWOOD PLANT -5525 E HWY 71 SPICEWOOD, TX -VULCAN UVALDE PLANT DABNEY TXBRAUNTEX MATERIALS - 1504 WALD ROAD NEW BRAUNFELS, TEXAS 78132INDUSTRIAL ASPHALT & AGGREGATES - 6185 FM 967 BUDA, TEXAS 78610 - 1101 FM 1770 BUDA, TEXAS 78610 - MUSTANG RIDGE 6510 FM 1327 AUSTIN, TEXAS 78747

ITEM 334 HOT-MIX/COLD LAID ASPHALT( patching materials)

Pit Locations

ITEM 302 PRE-COATED AGGREGATE FOR SURFACE TREATMENT

ITEM 302 AGGREGATE FOR SURFACE TREATMENT

COLORADO MATERIALS- INTERSECTION OF FM2439 & FM1102 HUNTER TX

ITEM 247 FLEXIBLE BASEFOB Plant

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Accept the resignation of Kimberly Freer as ESD #1 Board member.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

CONSENT August 5, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Commissioner Whisenant WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BResignation letter attached.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

SUB 199 - Liberty Ridge (8 lots). Discussion and possible action to approve final plat.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-SUBDIVISIONS August 5, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Roxie McInnis WHISENANT N/A

SUMMARY 25B52B79B106B133B160B187B214B241BLiberty Ridge is a proposed eight-lot subdivision of 41.175 acres located off of Pursley Road in Precinct 4. All lots in this subdivision will be served by private wells and individual on-site sewage facilities. A plat requires the installation of a 2500 gallon rainwater collection system on each lot. 26B53B80B107B134B161B188B215B242BLots range in size from 3.33 to 10.80 acres with an average size of 5.896.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

SUB-209 Plat of Lots 37A & 68A Rainbow Ranch (2 Lots). Discussion and possible action to waive preliminary plan and public notification; approve final plat.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-SUBDIVISIONS August 5, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Roxie McInnis CONLEY N/A

SUMMARY 25B52B79B106B133B160B187B214B241BRainbow Ranch is an unrecorded subdivision located off of Lone Man Mountain Road in Precinct 3. The 27.03 acres being platted are currently divided into three individual parcels. The owners are proposing to change the configuration and create a 19.49 acre lot and a 7.54 acre lot. Both lots have existing private wells and permitted on-site sewage facilities. 26B53B80B107B134B161B188B215B242BSection 705.12.02 of the Hays County Development Regulations states the following: "On a case by case basis the Department may request that the Commissioners Court wave notice requirements for Subdivisions of six (6) Lots or less with existing water and wastewater service." Given that these lots have existing utility service, the Department requests that public notification requirements be waived for this subdivision.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute an Interlocal Agreement between Hays County and Hays CISD ("HCISD") for the provision of School Resource Officers ("SRO's").

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-MISCELLANEOUS August 5, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Cutler JONES N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSummary to be provided in open court.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to clarify and establish a Countywide Policy related to projects preformed under Chapter 253 of the Texas Transportation Code.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-MISCELLANEOUS August 5, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Whisenant WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BAdditional information may be provided in court.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to authorize the County Judge to execute a License Agreement between Hays County, Goldenwood Property Owners Association, Goldenwood West Property Owners Association, and Radiance Property Owners Association related to the installation and maintenance of landscaping implements located at the intersection of FM1826 and Crystal Hill Drive in Precinct 4.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-MISCELLANEOUS August 5, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Whisenant WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BSummary may be provided in open court.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to consider the appointment of Dr. Kevin Lewis as commissioner to Emergency Services District #1 in Hays County.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-MISCELLANEOUS August 5, 2014

LINE ITEM NUMBER

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Commissioner Whisenant WHISENANT N/A

SUMMARY 25B51B77B103B129B155B181B207B233BDr. Lewis will be filling the unexpired term of Kimberly Freer who has resigned. The appointment will be effective immediately.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to authorize General Counsel to negotiate a Funding Agreement with the City of Wimberley related to the City's acquisition of 4.314 acres of open space in Precinct 3; to authorize the County Judge to sign said Agreement, once negotiated.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-MISCELLANEOUS August 5, 2014 $25,000

LINE ITEM NUMBER Fund 150-813-97 (from 2007 Park Bond)

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: BILL HERZOG

REQUESTED BY SPONSOR CO-SPONSOR

CONLEY CONLEY N/A

SUMMARY 27B55B83B111B139B167B195B223B251BThe City of Wimberley has negotiated the acquisition of real property within or near the City's corporate limits for the preservation of open space. That open space includes "Mount Baldy," and the City's ownership of a property right in that property means that the area would be dedicated for parkland purposes and would be preserved. City representatives have been asked to attend Commissioners Court and provide additional information.

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AMENDMENTNO.FY2014-033 CC

FY2014 BUDGET08/05/2014

Appropriation AppropriationDept G/L Account Number Account Description Before Amendment Increase Decrease After AmendmentSHERIFF DRUG FORFEITURE FUND (053):Agenda Item #5:Sheriff (618):

053-618-00.5021 Staff Salaries 0 302 302 053-618-00.5101_100 FICA 0 19 19 053-618-00.5101_200 Medicare 0 5 5 053-618-00.5101_300 Retirement 0 37 37 053-618-00.5391 Miscellaneous 20,430 (363) 20,067

*Amend for supplemental pay for Mechanic, slot 003.

PARK BOND FUND 2011 (150):Agenda Item #19:Precinct 3 Projects:

150-800-97.5448 Park Bond Funding-CS 2,100,000 (25,000) 2,075,000 150-813-97-xxx.5600 Precinct 3 Projects 0 25,000 25,000

*Amend for contribution to City of Wimberley for Mount Baldy project.

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vickie.dorsett
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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Discussion and possible action to authorize General Counsel to negotiate a Professional Services Agreement related to assessment and repair of utility services at 712 S. Stagecoach Drive in San Marcos; to authorize the County Judge to sign said Agreement, once negotiated; and to amend the budget accordingly.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

ACTION-MISCELLANEOUS August 5, 2014 Not to exceed $50,000

LINE ITEM NUMBER 01-645-00.5399

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: BILL HERZOG

REQUESTED BY SPONSOR CO-SPONSOR

COBB COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BTo be provided in Open Court.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

11:00 A.M. Fire Code Workshop with possible court action.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

WORKSHOP August 5, 2014 0

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Chambers COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BThis is an additional workshop session as directed by the court to address specific questions the court has pertaining to the adoption of a county fire code. Possible court action may follow.

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HAYS COUNTY FIRE MARSHAL’S OFFICE

FIRE CODE ADOPTION PROPOSAL Supported By: Buda Fire Department (ESD #8) Chisholm Trail Fire Department (C/H ESD #1) Kyle Fire Department (ESD #5) North Hays County Fire Department (ESD #6) (ESD #6 Includes: Dripping Springs FD, Henley FD and Driftwood FD)

San Marcos Fire Department San Marcos Fire Marshal’s Office South Hays County Fire Department (ESD #3) Wimberley Fire Department (ESD #4) Hays County Fire Chiefs Association

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EXECUTIVE SUMMARY

Texas has become the second most populated state in the country and counties across our state are undergoing a metamorphosis as farms and ranches are replaced by development. The San Marcos area is listed as the fastest growing area in the country. Rural counties are faced with managing rapid urban growth and urban expansion has resulted in increased demands for services once provided primarily by municipalities. Counties are hampered by inadequate laws which provide little authority to regulate this growth. The smallest towns in the state have more authority to regulate land use and construction than the largest counties. Hays County must utilize any means available to protect its citizens and their property. Residents want their homes, schools, businesses, and entertainment facilities to be safe from fire, as well as their land values protected and efficient use of their tax dollars. A County Fire Code would improve the level of fire protection in the county while paying for itself with user fees. This proposal examines the need for and application of a Fire Code in Hays County. The importance of this issue cannot be fully expressed in a written document. Individual meetings with the Fire Marshal and Fire Chiefs would provide members of the Court with the detailed information needed to fully understand the critical need for a County Fire Code. I have attached a copy of the proposed “Hays County Fire Code” for your review. Should you have any questions about this document or the attached proposed Fire Code, please don’t hesitate to contact my office. Respectfully submitted, _______________________________ Mark Chambers Hays County Fire Marshal

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TABLE OF CONTENTS

I. Situation………………………………………………………………………………..... 3 II. Why Does Hays County Need a Fire Code…………………………………………..... 3 III. Needs Assessment……………………………………………………………………….. 4 IV. Insurance Rate Reductions…………………………………………………………….. 4 V. The Solution…………………………………………………………………………….. 4 State Laws………………………………………………………………………. 4 Chapter 352, Local Government Code, County Fire Marshal……………..... 5 Current Levels of Service………………………………………………………. 5 Summary………………………………………………………………………… 6 VI. Enabling Legislation, Authority of a County to Adopt a Fire Code………………… 6 Application……………………………………………………………………… 7 VII. Code Authorities, Options for Code Adoption………………………………………... 8 Model Code Organizations……………………………………………………...8 VIII. The Code Process……………………………………………………………………….. 8 Accepted and Adopted Standards…………………………………………… 10 Environmental Health Department………………………………………….. 10 School Districts………………………………………………………………... 11 Summary………………………………………………………………………. 11 IX. Recommendation……………………………………………………………………… 11 X. Staffing………………………………………………………………………………… 11 XI. Summary………………………………………………………………………………. 12

ATTACHED

Proposed Hays County Fire Code

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Fire code Adoption Proposal For The Hays County Commissioner’s Court I. Situation Hays County is among those counties that are experiencing explosive population growth and rapid development. According to the Texas State Data Center, published in 2013 by the Office of the State Demographer, Hays County has grown rapidly and is projected to continue to grow rapidly according to several different, major population projections. The near term population projection for Hays County is 157,107 with projections of over 250,000 by 2020. The once rural landscape is being replaced by homes, apartment complexes, businesses, schools and retail centers. It is the responsibility of Hays County to somehow manage this growth to assure the safety of the citizens and visitors of our county. Development and construction create problems related to public safety, transportation, drainage, and sewage. However, state law provides the county with little regulatory authority needed to manage and control these issues. One essential function of public safety is the protection of persons and property from the dangers of fire. Hays County has the authority under current state law to enact and enforce a Fire Code to improve the level of fire protection in the county. II. Why Does Hays County Need a Fire Code The regulation of building construction is not a recent phenomenon. It can be traced through recorded history for over 4000 years. The great Babylonian King Hammurabi, in 2000 BC instituted a performance-type code which was based on the simple principle of "an eye for an eye", where the Builder was responsible "in kind" for any damages that occurred due to the failure of the structure. Fire prevention codes regulate building construction, exits, fire protection equipment, hazardous materials and processes, heat producing devices and public assembly. The intent of the code is to ensure the installation and maintenance of fire protection features. One cannot distinguish the line between the city limits and the unincorporated areas of Hays County. Industrial facilities, schools, apartment complexes and businesses are springing up in the unincorporated areas of the county. Our citizens and our visitors have a reasonable expectation of fire safety when they enter a building. The average person pays little attention to exits, emergency lighting or fire sprinklers. However, older and even some new buildings in the county do not possess certain basic life safety features. Building codes and fire codes work together to address all aspects of construction. The building code can be termed as the “how” to build a building and the Fire Code is thought of as a “maintenance” code to be used once the building is completed. Fire safety enforcement has traditionally been accomplished through “voluntary compliance.” This method of enforcement assumes that the builder or owner recognizes the importance of fire protection and is agreeable to addressing those problems. However, the bottom-line and profit have prevailed over fire safety many times. The Fire Marshal’s Office has the authority to enforce fire safety standards, although State Law does not address pre-construction planning. A

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building would have to be built, hazards identified and then changes could be ordered. This is a costly and potentially litigious way to enforce fire safety standards. The growth of high-technology industries has created issues related to hazardous materials. High-tech industries use a variety of hazardous materials in production processes. Suppliers of hazardous material products are selecting unincorporated areas around the state to locate their business. Such facilities represent potential problems for employees, neighbors and first responders. These issues can all be addressed through the adoption of the fire code. III. Needs Assessment

Hays County is experiencing rapid development and increasing population. The public has a reasonable expectation that the buildings in which they live, work, attend school and shop are relatively safe from fire. During the past several years, Hays County has seen the growth in the San Marcos, Buda and Kyle areas along the IH-35 corridor and also in the Dripping Springs area. The buildings being built in the unincorporated areas have been or will be constructed with little oversight. We must depend largely upon contractors to voluntarily adhere to proper construction practices. Large business, apartment complexes, schools and retail centers are being built across the County. The adoption of a County Fire Code would ensure the safety of these new buildings. IV. Insurance Rate Reductions

The State of Texas – Texas Department of Insurance in 1997 changed the manner in which fire departments are rated. Homeowner’s insurance rates are largely based upon the rating of the local fire department. The change in rating from the key rate system to ISO – PPC (Public Protection Classifications) has resulted in change of ratings for county fire departments. The rating scale ranges from (1) being the best to ten (10) the worst. The adoption of a county fire code could result in the decrease of a fire department rating. This would represent a decrease in homeowners’ insurance rates.

The ISO evaluation not only includes fire codes, it also examines the county’s effort to combat arson. The adoption and enforcement of a Fire Code and aggressive investigation and prosecution of arson cases could decrease the fire protection rating by one (1) point. V. The Solution

State Laws

The solution to these issues rest with State law. Texas Local Government Code (LGC) authorizes counties to adopt a fire code and the regulations necessary to administer and enforce it. Counties with a population of 250,000 or greater have the authority to adopt and enforce a fire code and in 1997 the Legislature amended the bill to allow suburban counties to adopt fire codes if they are adjacent to a county with a population of 250,000 or more. Hays County, being located adjacent to Travis County, is one of the counties allowed to adopt and enforce a County Fire Code.

Without adopting a Fire Code a county must rely upon one statue to abate fire hazards. Chapter 352 of the Local Government Code delineates the authority and duties of the County Fire Marshal. The statue does not provide a clear definition of what constitutes a “fire hazard”.

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Chapter 352, Local government Code, County Fire Marshal

Chapter 352, Local Government Code, County Fire Protection, provides the statutory authority to create and administer the Office of the County Fire Marshal. The statue prescribes the duties and responsibilities and the Fire Marshal. The primary areas of responsibility include fire investigations and fire inspections. Our focus here will be on our responsibility to conduct fire inspections and Section 352.016 dealing with Fire Safety Inspections, which appears below:

Fire Safety Inspections

Sec. 352.016. Inspection for Fire hazards. (a) In this section, “fire hazard” means any of the following conditions that endanger

the safety of a structure or its occupants and promote or cause fire or combustion: (1) the presence of a flammable substance; (2) a dangerous or dilapidated wall, ceiling or other structural element; (3) improper lighting, heating or other facilities; (4) the presence of a dangerous chimney, flue, pipe, main, stove or of

dangerous wiring; or (5) dangerous storage; (6) inappropriate means of egress, fire protection, or other fire related

safeguard.

(b) In the interest of safety and fire prevention, the county fire marshal may inspect for fire hazards any structure, appurtenance, fixture or real property located within 500 feet of a structure, appurtenance or fixture. The marshal shall inspect a structure for fire or life safety hazards if called on to do so. In the absence of a county fire code, the county fire marshal may conduct an inspection using any nationally recognized code or standard adopted by the state. If the marshal determines the presence of a fire or life safety hazard, the marshal may order the owner or occupant of the premises to correct the hazardous situation.

Current Levels of Service

The Fire Marshal’s Office is required to conduct fire inspections as requested. Other inspections are conducted based upon an as needed basis. Section 352.016, (a), (1) through (6) serves as the current county fire code. This ambiguous section requires the Fire Marshal to identify fire hazards. The Fire Marshal then may order the owner or occupant of a building to correct the fire hazard. A person may construct a building and then be required to make modifications if a fire hazard is identified. The vague language of Sec. 352.016 requires the Fire Marshal, or inspector, to determine what constitutes a fire hazard. The Fire Marshal, or inspector, could be accused of making arbitrary or capricious determinations unless the order is based upon an accepted standard. To avoid this, inspections conducted under Sec. 352.016 should follow National Standards. Our office currently utilizes the NFPA 101, Life Safety Code as a guide.

Unlike a nuisance abatement order there is no designated time period established for the abatement of a fire hazard. Most fire hazards should be corrected immediately. The time period allowed within an order may range from immediate to several days or longer. The type and severity of the hazard determines the amount of time provided for the correction to be accomplished. Chapter 352 does not provide an appeal process to a person issued an order like a nuisance abatement order. If a person fails to abide by the order he or she may be subjected to

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criminal charges. A violation of this section is a Class B misdemeanor punishable by up to 180 days in county jail and/or a $2,000 fine. Once a fire code is adopted, the Commissioner’s Court may designate the Hays County Fire Code as the standard by which inspections would be conducted under Chapter 352 (LGC) and the Health and Safety Code, Chapter 343, Abatement of Public Nuisance. This would provide a uniform level of fire hazard mitigation and would provide other avenues for compliance other than the criminal courts. Summary Professionals in the building trades (i.e., architects, contractors, engineers, builders, etc...) expect the county to have building and fire codes. Builders from other areas of Texas, and the nation, regularly contact the Fire Marshal’s Office for information on local codes. Many are surprised to learn that the unincorporated areas are not formally regulated. The Fire Marshal’s Office staff routinely meets with architects, engineers, and contractors who ask for guidance and assistance with constructions projects. The Fire Marshal’s Office has reviewed plans for schools, apartment complexes and business buildings across the county. Our plan review is based upon NFPA 101, Life Safety Code and other NFPA referenced standards. VI. Enabling Legislation, Authority of a County to Adopt a Fire Code Chapter 233, Local Government Code, County Fire Code in Unincorporated Area, provides the authority for the county to adopt and enforce a model Fire Code. Key provisions include:

Sec. 233.061. AUTHORITY TO ADOPT AND ENFORCE FIRE CODE.

(a) The commissioners court of a county with a population of over 250,000 or a county

adjacent to a county with a population of over 250,000 may adopt a fire code and rules

necessary to administer and enforce the fire code.

(b) The commissioners court, or any municipality in the county, may contract with one

another for the administration and enforcement of the fire code. Sec. 233.062. Application and Content of Fire Code. (a) The fire code applies only to the following buildings constructed in an

unincorporated are of the county; (1) a commercial establishment; (2) a public building; and (3) a multifamily residential dwelling consisting of four or more units. (The fire code does not apply to single family residential construction. No burden

would be placed on individual home owners)

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Sec. 233.062.

(c) The fire code must:

(1) Conform to:

(A) The International Fire Code, as published by the International Code Council, as the code existed on May 1, 2005; or

(B) The Uniform Fire code, as published by the Nation Fire Protection Association, as the code existed on May 1, 2005; or

(2) Establish protective measures that exceed the standards of the codes described by Subdivision (1).

(d) The commissioner’s court may adopt later editions of a fire code listed in

Subsection(c).

Sec. 233.065. Fees (a) The commissioners court may develop a fee schedule based on building type and

may set and charge fees for an inspection and the issuance of building permit and final certification of compliance under this subchapter.

(b) The fees must be set in amounts necessary to cover the cost of administering and

enforcing this subchapter. (c) The county shall deposit fees received under this subchapter in a special fund in

the county treasury, and money in that fund may be used only for the administration and enforcement of the fire code.

(d) The fee for a fire code inspection under this subchapter must be reasonable and

reflect the approximate cost of the inspection personnel, materials, and administrative overhead.

Application:

The current language in the statute limits the application of the code to commercial establishments, public buildings and multifamily residential dwellings consisting of four or more units. The definition of a commercial establishment and a public building has been addressed by the Texas Attorney General. An April 12, 1990 opinion (#90-016) dealt with questions presented by Harris County. The opinion committee settled on the following definitions;

Commercial Establishment:

“A place where commodities are exchanged, bought, or sold and income producing property such as apartments and office buildings.”

Public Building:

“Buildings that are open to the public or that has public access, including but not limited to government buildings and public schools.”

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Multifamily residential dwelling consisting of four or more units has not been addressed by the Texas Attorney General. There are at least nine (9) counties that have taken advantage of Chapter 233 (LGC) and have adopted fire codes. They include:

1. Harris County 2. Travis County – (Central Texas) 3. Comal County – (Central Texas) 4. Kaufman County 5. Collin County 6. Bexar County – (Central Texas) 7. Montgomery County 8. Denton County 9. Guadalupe County – (Central Texas)

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VII. Code Authorities, Options for Code Adoption Chapter 233 (LGC) allows the County to adopt a model code developed by a recognized code authority. The County may adopt a model code developed by a code authority or create a fire code of its own. The adoption of a model code is preferable and highly recommended. Model Code Organizations Sec. 233.062 (LGC), (c), (1), lists the major code authority organizations in the United States. The County may adopt a fire code developed by the following: The International Code Council (ICC), or The National Fire Protection Association (NFPA). These organizations are largely adopted within geographic regions of the country. The prominent code used in Texas is the International Building and Fire Code developed by ICC. The National Fire Protection Association has developed NFPA 1, Fire Prevention Code. This Code was designed to be adopted independent of a building code. It has been adopted by states, counties, and municipalities across the nation. VIII. The Code Process The adoption of a Fire Code would enable the Fire Marshal’s Office to review building plans and conduct inspections of new buildings. This provides builders with a set of rules and standards to adhere to before constructions. The chart on the following page briefly outlines the process.

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The process encompasses the conceptual design through the final move in of the occupants. Additional plan review is performed for the installation of fire sprinkler systems, fire alarm systems and plans for storage and use of hazardous materials. Inspections, separate from the building inspections, are conducted for these phases as well.

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Accepted and Adopted Standards

The International Fire Code (IFC) includes references to the International Building Code (IBC), National Electric Code, International Mechanical Code and other standards. These referenced sections are considered part of the Fire Code.

The International Building Code is the Standard applied by most municipalities within Texas. Architects and builders are intimately familiar with the IBC and are accustomed to working within those standards. The referenced sections of the Building Code apply to exit requirements, lighting, accessibility, separation walls for fire and smoke, finishes and other areas. Our office addresses these same concerns with NFPA 101, Life Safety Code and references to other NFPA standards. The adoption of referenced sections of IBC is no more invasive than current State rules.

The Fire Code also references the National Electric Code (NEC) which is the standard for all electrical contractors nationwide. All electrical work performed in the USA should comply with the NEC standards. Only unscrupulous or unlicensed electrical contractors would object to the adoption of the National Electric Code.

The International Mechanical Code is also referenced with the IFC. As with the NEC, the Mechanical Code is the industry standard that all heating and air conditioning contractors must meet. Other nationally recognized standards are included in the IFC that address hazardous materials, underground and above ground storage tanks, explosives and liquefied petroleum gas to list a few.

The International Fire Code would also aid other county agencies in performing their duties as well. These are outlined below.

Environmental Health Department The IFC references the code for the abatement of dangerous buildings. This standard would provide a foundation for the Fire Marshal’s Office and Environmental Health Department to deal with unsafe buildings. The State Nuisance Law, Chapter 343, health and Safety Code does not provide clear definitions of dangerous building or fire hazards. The IFC also provides sections on waste and rubbish disposal, wrecking yards, tall weeds and air pollution. The Environmental Health Department is also charged with enforcing standards for vent hood systems in restaurant kitchens. The Fire Code regulates the installation, cleaning and maintenance of commercial cooking equipment.

The IFC is no more restrictive than these current state regulations. Adoption would provide the County the same level of enforcement authority now available to state agencies. Having county wide authority would provide improved response to complaints and lead to quicker solutions to problems.

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School Districts

The Texas Education Agency rules, Chapter 61, Sec. 61.1033. School Facilities Standards requires school districts to adopt a uniform building and fire code if they have buildings in areas not covered by a local code. This could lead to a variety of codes being adopted across the County. The Fire Marshal’s Office would then be dealing with school buildings being constructed under one code and our office have to inspect under a different code (Life Safety Code). A County Fire Code is needed to provide consistency and avoid problems in this area. Summary The adoption of a County Fire Code would establish construction standards for all builders. Building construction would be managed from the conceptual through occupancy stage. The Fire Marshal’s Office has performed this service for several years. Some builders have submitted plans that have been reviewed for many projects in the County. There have been no conflicts or complaints from builders who have voluntarily participated in this process. Although, other buildings built in our county, have not gone through the plans review process and have not received this same level of attention. IX. Recommendation

It is the recommendation of the Hays County Fire Marshal that the Commissioner’s Court adopt the International Fire Code 2012 Edition as the Hays County Fire Code. The adoption of the IFC would provide a uniform level of fire code enforcement across the county. The IFC is the dominant code adopted by incorporated cities within Hays County, and Comal County to our South and Travis County to our North has also adopted the IFC. Builders and contractors in our county are familiar with the IFC, so the transition for them would be minimal. X. Staffing

Currently the Fire Marshal’s Office includes the Fire Marshal, one full time Assistant Fire Marshal and two part-time Deputy Fire Marshal’s. All four are certified peace officers, certified fire investigators and three are certified fire inspectors.

One full time Administrative Assiatant shared (with Emergency Management) Administrative Assistant has been requested in the Fire Marshal’s FY15 submitted budget request. The assistant’s duties would be Office to accept plans, accept payments, issue permits, answer questions, schedule inspections, and maintain records. This would be in addition to the normal fire marshal office duties expected as they relate to fire safety inspections, public education, arson investigations and other office related duties.

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Due to the population growth and rapid development expected in the unincorporated areas of our county, additional full time positions will be needed as the population grows and calls for service increase. code enforcement officers/fire inspectors. Currently all population growth estimates show Hays County as one of the fastest growing areas in the nation. With that being said, we do not have an estimate of time when additional employees or resources will be needed in the fire marshal’s office. At this time, however, the current staff willth provide the necessary reviews, inspections and enforcement until calls for service exceeds current capabilities. At such time, additional resources will be requested. until the need is found to be beyond the current capability and the program has begun providing the funds necessary. RThese positions primary responsibilities y would include be to review of plans and conduct ongoing inspections of new construction to ensure they are meeting the requirements of the code’ . Other employees would handle the routine inspections, fire investigations, and public educations and fire prevention responsibilities. Several fire Chiefs have offered their staff to assist the Fire Marshal’s Office in conducting fire inspections. Non-law enforcement fire department personnel, who posses the appropriate Fire Commission certifications, may be used to supplement Fire Marshal’s Office personnel. This cooperative endeavor would enable the fire departments to have more involvement and to become familiar with the fire potential in their districts. XI. Summary With the projected growth and development in the unincorporated areas of Hays County, some level of county regulation is required. Citizens expect the buildings in which they live, play, work and attend school to be safe from fire. Every public establishment, commercial building and multifamily residential dwelling consisting of four or more units should be designed and constructed with life safety and fire prevention features. Another benefit of adopting a County Fire Code is residents of Hays County Emergency Services District’s (ESD) could receive a reduction in homeowner’s insurance rates. Adopting a Fire Code could decrease the fire protection rating for the ESD’s, which may in turn lead to further lowering of insurance rates. The importance of a Fire Code is universally recognized as the key element of ensuring fire safety within a community. The Fire Code would provide the Fire Marshal’s Office, and other county departments, the tools necessary to better protect lives and property. All builders would be required to meet the same standards thereby leveling the playing field. Several building professionals have been questioned during the past about adopting a Fire Code. Not one has expressed doubts about the need or has feared the impact the code would have on construction. Hays County has adopted standards for subdivision development, roadway construction, and septic systems. Each area is vital to public safety. Sheriff’s deputies are not asked to enforce speeding without a speed limit first being posted. Paramedics are not allowed to treat patients without following the Standards of Care. The Fire Marshal’s Office needs a set of standards to protect the public from fire. The Fire Marshal’s Office urges the Court to adopt and enact a county wide fire code to assist our office in our fight against fire, and for the protection of our citizens and visitors of Hays County.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Budget Workshop regarding the FY 2015 Hays County Budget. Possible action may follow.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

WORKSHOP August 5, 2014 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Bill Herzog COBB N/A

SUMMARY

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Executive Session pursuant to 551.071 of the Texas Government Code: consultation with counsel regarding all pending and/or contemplated litigation involving Hays County. Possible action may follow in open court.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

EXECUTIVE SESSION August 5, 2014 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Mark Kennedy COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BLitigation update to be provided in Executive Session.

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AGENDA ITEM REQUEST FORM

Hays County Commissioners Court Tuesdays at 9:00 AM

Request forms are due in Microsoft Word Format via email by 2:00 p.m. on Wednesday.

AGENDA ITEM

Executive Session pursuant to Sections 551.071 and 551.074 of the Texas Government Code: consultation with counsel and deliberation regarding all individual positions for the Hays County Human Resources Department. Possible action may follow.

ITEM TYPE MEETING DATE AMOUNT REQUIRED

EXECUTIVE SESSION August 5, 2014 N/A

LINE ITEM NUMBER N/A

AUDITOR USE ONLY

AUDITOR COMMENTS:

PURCHASING GUIDELINES FOLLOWED: N/A AUDITOR REVIEW: N/A

REQUESTED BY SPONSOR CO-SPONSOR

Cobb COBB N/A

SUMMARY 27B55B83B111B139B167B195B223B251BSUMMARY TO BE PROVIDED IN EXECUTIVE SESSION

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