STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 7TH DAY … · on this the 7th day of february a.d., 2020, in the hays county courthouse, 111 e. san antonio st., suite 301, san marcos,

HAYS COUNTY COMMISSIONERS' COURT MINUTES

***** ***** JANUARY 7, 2020

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 7TH DAY OF FEBRUARY A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

RUBEN BECERRA COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3

WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CÁRDENAS COUNTY CLERK

THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Chaplain Javier Maldonado gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon and Mike Lee gave public comments. 34711 ADOPT A PROCLAMATION DECLARING JANUARY 20, 2020 AS DR.

MARTIN LUTHER KING, JR. DAY. Judge Becerra spoke on this item. Commissioner Ingalsbe spoke on this item and called on Jonafa Banbury, M.A., Dunbar Heritage Association Secretary, to speak about the upcoming events planned for the community. Ms. Banbury announced the Martin Luther King Jr. Day March, a wreath donation, a wreath laying ceremony, and a youth event Saturday at the San Marcos Public Library for children to participate in arts and crafts. A motion was made by Commissioner Ingalsbe seconded by Judge Becerra to adopt a proclamation declaring January 20, 2020 as Dr. Martin Luther King, Jr. Day. 2 PRESENTATION BY THE LEAGUE OF WOMEN VOTERS OF A

RATING OF OUTSTANDING TO HAYS COUNTY FOR PROVIDING ACCURATE, ACCESSIBLE AND USEFUL VOTER INFORMATION ON SAFE AND SECURE ELECTION WEBSITES.

Linda Calvert, League of Women Voters, listed the criteria that must be met to quality for the certificate being presented. Jennifer Anderson, Elections Administrator, received the certificate for Outstanding rating. Jennifer Anderson explained the work and dedication to making the website accurate, accessible, useful, and secure for the voters. No action was taken. 3 PRESENTATION BY RANDOLPH GOODMAN OF THE CENTRAL

TEXAS DISPUTE RESOLUTION CENTER TO SHOW APPRECIATION TO THE HAYS COUNTY COMMISSIONERS COURT FOR THEIR SUPPORT.

Randolph Goodman and other members of the Central Texas Dispute Resolution Center explained to the court ways the center helps the community. They explained that over 10 years the non-profit group has grown. The DRC thanked the Commissioners’ Court for the help and support of the center. They presented the court with awards. Judge Becerra and Commissioner Ingalsbe thanked the DRC for their work. No action was taken. 4 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR

EXCELLENCE IN FINANCIAL REPORTING TO THE HAYS COUNTY AUDITOR'S OFFICE AND THE AWARD OF FINANCIAL REPORTING ACHIEVEMENT TO THE HAYS COUNTY AUDITOR FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA).

Marisol Villarreal-Alonzo, Auditor’s office, listed for the Court the goals met by the Auditor’s office to achieve the award from the Government Finance Officers Association. Mrs. Villarreal-Alonzo thanked her staff, District Judges, Commissioners’ Court, and congratulated the Auditors’ office. No action was taken.


***** ***** JANUARY 7, 2020

34712 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of county invoices. All present voted “Aye.” MOTION PASSED. 34713 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of juror checks. All present voted “Aye.” MOTION PASSED. 34714 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of United Healthcare Claims. All present voted “Aye.” MOTION PASSED. 34715 APPROVE COMMISSIONERS COURT MINUTES OF DECEMBER 17,

2019 AND DECEMBER 23, 2019.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve Commissioner’s court minutes of December 17, 2019 and December 23, 2019. All present voted “Aye.” MOTION PASSED. 34716 APPROVE THE PAYMENT OF THE JANUARY 15, 2020 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,900,000.00 EFFECTIVE JANUARY 15, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of the January 15, 2020 payroll disbursements in an amount not to exceed $2,900,000.00 effective January 15, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED. 34717 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER

#1 OF A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LJA ENGINEERING, INC. FOR RIGHT OF WAY SERVICES ON THE CREEK ROAD PROJECT, CR 190 AT ONION CREEK, PRECINCT 4; AND TO AUTHORIZE AN EXEMPTION FROM THE PURCHASING ACT PURSUANT TO SECTION 262.024 (A)(4) OF THE TEXAS LOCAL GOVERNMENT CODE.

Dan Lyon, Hays County resident, made public comments. Commissioner Smith and Commissioner Shell spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the County Judge to execute change order #1 of a Professional Services Agreement (PSA) between Hays County and LJA Engineering, Inc. for right of way services on the Creek Road Project, CR 190 at Onion Creek, Precinct 4; and to authorize an exemption from the Purchasing Act pursuant to section 262.024 (a)(4) of the Texas Local Government Code. All present voted “Aye.” MOTION PASSED. 34718 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER

#1 TO A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LJA ENGINEERING, INC. FOR RIGHT OF WAY SERVICES ON CR 266, FROM CENTERPOINT ROAD TO RATTLER ROAD, PRECINCT 1.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge to execute change order #1 to a Professional Services Agreement (PSA) between Hays County and LJA engineering, Inc. For right of way services on CR 266, from Centerpoint Road to Rattler Road, Precinct 1. All present voted “Aye.” MOTION PASSED.


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34719 ACCEPT A NO-COST QUOTE FROM AXON ENTERPRISE, INC. FOR 40 ADDITIONAL STANDARD EVIDENCE.COM LICENSES FOR THE CRIMINAL DISTRICT ATTORNEY'S OFFICE.

Wes Mau, District Attorney, spoke on this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to accept a no-cost quote from Axon Enterprise, Inc. for 40 additional standard Evidence.com licenses for the Criminal District Attorney's Office. All present voted “Aye.” MOTION PASSED. 34720 APPROVE OUT OF STATE TRAVEL FOR RECORDS PROGRAM

ADMINISTRATOR STEPHANIE ROBINSON TO ATTEND THE TYLER CONNECT CONFERENCE ON APRIL 26-30, 2020 IN ORLANDO, FLORIDA; COST ESTIMATE $3,500 UTILIZING THE SHERIFF'S OFFICE CONTINUING EDUCATION FUNDS AS BUDGETED DURING THE FY20 BUDGET PROCESS.

A motion was made by Commissioner Shell seconded by Commissioner Jones to approve out of state travel for Records Program Administrator Stephanie Robinson to attend the Tyler Connect Conference on April 26-30, 2020 in Orlando, Florida; cost estimate $3,500 utilizing the Sheriff's Office Continuing Education funds as budgeted during the FY20 budget process. All present voted “Aye.” MOTION PASSED. 34721 APPROVE OUT OF STATE TRAVEL FOR EMERGENCY

COMMUNICATIONS OFFICERS DENISE LEWIS AND SEAN FITZSIMMONS TO ATTEND THE NAVIGATOR CONFERENCE IN LAKE BUENA VISTA, FLORIDA ON APRIL 29-MAY 1, 2020; COST ESTIMATE $400 UTILIZING THE SHERIFF'S OFFICE CONTINUING EDUCATION FUNDS AS BUDGETED DURING THE FY20 BUDGET PROCESS.

A motion was made by Commissioner Shell seconded by Commissioner Jones to approve out of state travel for Emergency Communications Officers Denise Lewis and Sean Fitzsimmons to attend the Navigator Conference in Lake Buena Vista, Florida on April 29-May 1, 2020; cost estimate $400 utilizing the Sheriff's Office Continuing Education funds as budgeted during the FY20 budget process. All present voted “Aye.” MOTION PASSED. 34722 AUTHORIZE COMMERCIAL ON-SITE SEWAGE FACILITY PERMIT

FOR 70 RV PADS, OFFICE BUILDING, AMENITY CENTER, LAUNDRY FACILITY, AND RESTROOMS ON S OLD BASTROP HWY IN THE MULBERRY MEADOWS SUBDIVISION.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize commercial On-Site Sewage Facility permit for 70 RV pads, office building, amenity center, laundry facility, and restrooms on S Old Bastrop Hwy in the Mulberry Meadows Subdivision. All present voted “Aye.” MOTION PASSED. 34723 AUTHORIZE COMMERCIAL ON-SITE SEWAGE FACILITY PERMIT

FOR 114 RV PADS AND RESTROOM BUILDING ON OLD BASTROP HWY IN THE MULBERRY MEADOWS SUBDIVISION.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize Commercial On-Site Sewage Facility permit for 114 RV pads and restroom building on Old Bastrop Hwy in the Mulberry Meadows Subdivision. All present voted “Aye.” MOTION PASSED. 34724 AMEND VARIOUS DEPARTMENTAL OPERATING BUDGETS IN

PREPARATION FOR THE COUNTY'S FY 2019 YEAR-END PROCESS. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to amend various departmental operating budgets in preparation for the County's FY 2019 year-end process. All present voted “Aye.” MOTION PASSED. 34725 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO

ACCEPT ADDITIONAL GRANT FUNDING FROM THE TEXAS


***** ***** JANUARY 7, 2020

JUVENILE JUSTICE DEPARTMENT (TJJD) FOR A DISCRETIONARY STATE AID GRANT - RESIDENTIAL PROJECT AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the Juvenile Probation Department to accept additional grant funding from the Texas Juvenile Justice Department (TJJD) for a Discretionary State Aid Grant - Residential Project and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34726 APPROVE UTILITY PERMITS. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve Utility Permits. All present voted “Aye.” MOTION PASSED. 34727 AUTHORIZE THE ACCEPTANCE OF A GRANT AWARD FROM THE

TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) FOR THE FY19 EMERGENCY MANAGEMENT PERFORMANCE GRANTS (EMPG) IN THE AMOUNT OF $42,609.70.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the acceptance of a grant award from the Texas Division of Emergency Management (TDEM) for the FY19 Emergency Management Performance Grants (EMPG) in the amount of $42,609.70. All present voted “Aye.” MOTION PASSED. 34728 APPROVE SPECIFICATIONS FOR RFQ 2020-Q05 CONSERVATION

SUBDIVISION RESEARCH AND DEVELOPMENT PROJECT AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve specifications for RFQ 2020-Q05 Conservation Subdivision Research and Development Project and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED. 34729 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 11 TINY

HOMES/PARK MODEL RV'S AT 3499 FEARLESS TREADWAY, ROUND MOUNTAIN, TEXAS 78663.

Mace Picken and Donald W. Hensely P.E., spoke in support of this item. John Worrall and Scott Hemphill spoke against this item. Caitlyn Strickland, Development Services, stated that the developer had met the requirements made by the County. Commissioner Smith, Commissioner Shell, and Judge Becerra spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for 11 Tiny Homes/Park Model RV's at 3499 Fearless Treadway, Round Mountain, Texas 78663. All present voted “Aye.” MOTION PASSED. 34730 APPROVE AN ADJUSTMENT TO THE CONTINUING EDUCATION

BUDGET FOR THE OFFICE OF THE COUNTY JUDGE IN THE AMOUNT OF $2,000 FOR CONTINUING EDUCATION OF THE EXECUTIVE ASSISTANT, CHIEF OF STAFF AND COUNTY JUDGE AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to approve an adjustment to the Continuing Education Budget for the Office of the County Judge in the amount of $2,000 For Continuing Education of the Executive Assistant, Chief of Staff and County Judge and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34731 AMEND THE CONSTABLE PCT. 5 OPERATING BUDGET FOR AN

ADDITIONAL $102 NEEDED FOR THE FY20 BUDGETED POWERHEART AED DEFIBRILLATOR.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to amend the Constable Pct. 5 Operating Budget for an additional $102 needed for the FY20 budgeted Powerheart AED defibrillator. All present voted “Aye.” MOTION PASSED.


***** ***** JANUARY 7, 2020

34732 AUTHORIZE THE INFORMATION TECHNOLOGY DEPARTMENT TO PURCHASE A REPLACEMENT APC SMART UPS BATTERY BACKUP FOR THE DISTRICT ATTORNEY AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to authorize the Information Technology department to purchase a replacement APC Smart UPS battery backup for the District Attorney and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34733 ACCEPT ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS,

ACCEPT THE 2-YEAR MAINTENANCE BOND #PB03016800381 IN THE AMOUNT OF $153,766.36, AND ACCEPT THE 1-YEAR REVEGETATION BOND #PB03016800381 IN THE AMOUNT OF $59,538.00 FOR RUTHERFORD WEST SUBD., SECTION 5.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to accept road construction & drainage improvements, accept the 2-year maintenance bond #PB03016800381 in the amount of $153,766.36, and accept the 1-year revegetation bond #PB03016800381 in the amount of $59,538.00 for Rutherford West Subd. Section 5. All present voted “Aye.” MOTION PASSED. 34734 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE TRAINING

SERVICES AUTHORIZED PROVIDER AGREEMENT WITH THE AMERICAN RED CROSS PERMITTING COUNTY EMPLOYEES OR VOLUNTEERS TO DELIVER INSTRUCTION IN RED CROSS TRAINING COURSES.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute the training services authorized provider agreement with the American Red Cross permitting county employees or volunteers to deliver instruction in Red Cross training courses. All present voted “Aye.” MOTION PASSED. 34735 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 1 OF A

CONTRACT WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE TUBERCULOSIS STATE GRANT PROGRAM IN THE AMOUNT OF $5,374 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the execution of amendment no. 1 of a contract with the Texas Department of State Health Services (DSHS) for the Tuberculosis State Grant Program in the amount of $5,374 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34736 ESTABLISH ONE NEW FULL-TIME MOBILE CRISIS OUTREACH

LIAISON POSITION EFFECTIVE JANUARY 7, 2020 FOR THE SHERIFF'S OFFICE; FUNDED THROUGH THE OFFICE OF THE GOVERNOR, MENTAL HEALTH CRISIS INTERVENTION GRANT AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to establish one new Full-Time Mobile Crisis Outreach Liaison Position effective January 7, 2020 for the Sheriff's Office; funded through the Office of the Governor, Mental Health Crisis Intervention Grant and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34737 ADOPT A RESOLUTION RELATED TO A $100,000 CONTRIBUTION

FOR CAPITAL IMPROVEMENTS TO CREATE A "RAINBOW ROOM" FOR USE BY THE HAYS COUNTY CHILD PROTECTIVE BOARD, TO BE LOCATED ON COUNTY-OWNED PROPERTY IN PRECINCT 1; AND TO AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to adopt a resolution related to a $100,000 contribution for capital improvements to create a "rainbow room" for use by the hays county child protective board, to be located on county-owned property in precinct 1; and to amend the budget accordingly. All present voted “Aye.” MOTION PASSED.


***** ***** JANUARY 7, 2020 34738 ESTABLISH A TEMPORARY PART-TIME (20 HRS PER WK) CENSUS

PROGRAM COORDINATOR EFFECTIVE JANUARY 16TH THROUGH SEPTEMBER 30TH UTILIZING FY20 BUDGETED FUNDS FOR THE 2020 CENSUS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to establish a temporary part-time (20 hrs. per wk.) Census Program Coordinator effective January 16th through September 30th utilizing FY20 budgeted funds for the 2020 Census and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

Court convened into Executive Session 10:48 a.m. Then reconvened into open court at 10:50 a.m.

Clerk’s Note Agenda Item #32 RE: EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – WAS PULLED.

34837 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION TO EXECUTE A PURCHASE AGREEMENT BETWEEN HAYS COUNTY AND ENRIQUE GUTIERREZ AND ASUNCION GUTIERREZ DE PALACIOS FOR THE ACQUISITION OF APPROXIMATELY 0.117 ACERS OF RIGHT OF WAY ALONG DACY LANE, PARCEL 47

Motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to execute a purchase agreement between Hays County and Enrique Gutierrez and Asuncion Gutierrez de Palacios for the acquisition of approximately 0.117 acers of right of way along Dacy Lane, Parcel 47, as presented in Executive Session. All present voted “Aye.” MOTION PASSED

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

Judge Becerra announced Scott Raven, Fire Marshall, recommendation to maintain no burn ban.

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

Judge Becerra announced the Sheriff’s report from the Corrections division of the inmate population and cost of inmate outsourcing was $81,964.00 for the past week.

Clerk’s Note Agenda Item #36 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

Clerk’s Note Agenda Item #37 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED.

Clerk’s Note Agenda Item #38 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW – WAS PULLED.


JANUARY 7, 2020

ADJOURNMENT A motion was made by Commissioner Shell, seconded by Commissioner Jones to adjourn court at 10:52 a.m.

I, ELAINE H. CARDENAS, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS'

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

ELAINE H. CARDENAS, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS' COURT OF

HAYS COUNTY, TEXAS


***** ***** JANUARY 14, 2020

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 14TH DAY OF JANUARY A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

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

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


Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com. THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Chaplain Javier Maldonado gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon and Jordan Buckley gave public comments. 34739 ADOPT A PROCLAMATION DECLARING THE MONTH OF JANUARY

2020 CRIME STOPPERS MONTH IN HAYS COUNTY Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to adopt a proclamation declaring the month of January 2020 Crime Stoppers Month in Hays County. All present voted “Aye.” MOTION PASSED. 34740 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of county invoices. All present voted “Aye.” MOTION PASSED. 34741 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve payments of juror checks. All present voted “Aye.” MOTION PASSED. 34742 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the payment of United Healthcare Claims. All present voted “Aye.” MOTION PASSED. 34743 APPROVE COMMISSIONERS COURT MINUTES OF JANUARY 7,

2020. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve Commissioners Court minutes of January 7, 2020. All present voted “Aye.” MOTION PASSED. 34744 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 2 LONG-

TERM RENTAL HOUSES AT 13265 SILVER CREEK ROAD, AUSTIN, TEXAS 78736.


***** ***** JANUARY 14, 2020

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for 2 long-term rental houses at 13265 Silver Creek Road, Austin, Texas 78736.All present voted “Aye.” MOTION PASSED. 34745 APPROVE THE REAPPOINTMENT OF PAUL TERRY TO SERVE ON

EMERGENCY SERVICES DISTRICT #5 FOR A TWO YEAR TERM, ENDING DECEMBER 31, 2021.

Commissioner Jones thanked Paul Terry for his service. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the reappointment of Paul Terry to serve on Emergency Services District #5 for a two year term, ending December 31, 2021. All present voted “Aye.” MOTION PASSED. 34746 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RENEWAL OF

THE TEXAS WORKFORCE COMMISSION INFORMATION RELEASE CONTRACT FOR $1,500.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a renewal of the Texas Workforce Commission Information Release Contract for $1,500. All present voted “Aye.” MOTION PASSED. 34747 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO

REPLACE A BUDGETED COUNTY ISSUED PHONE WITH A $45 MONTHLY TELEPHONE ALLOWANCE EFFECTIVE JANUARY 16, 2020 FOR THE SENIOR JUVENILE PROBATION OFFICER, SLOT NUMBER 0957-001 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the Juvenile Probation Department to replace a budgeted County issued phone with a $45 monthly telephone allowance effective January 16, 2020 for the Senior Juvenile Probation Officer, slot number 0957-001 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34748 ACCEPT $25,500 IN GRANT CONTRIBUTIONS ON BEHALF OF THE

HAYS COUNTY CHILD PROTECTIVE BOARD AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to accept $25,500 in grant contributions on behalf of the Hays County Child Protective Board and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34749 AUTHORIZE THE HAYS COUNTY CONSTABLE PCT. 4 OFFICE TO

ACCEPT A $339.98 DONATION FROM MRS. KIMBERLEY AND MR. MARK NEARBURG, FOR THE PURCHASE OF SAFETY AND PROTECTIVE EQUIPMENT, SPECIFICALLY, MOTORCYCLE BOOTS FOR THE HAYS COUNTY DEPUTY CONSTABLE, PCT. 4 MOTOR OFFICER AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon, Hays County resident, made public comments. Constable Hood spoke on this item and thanked Mr. and Mrs. Nearburg for their donation. Marisol Villarreal-Alonzo, Auditor’s office, Commissioner Smith, Commissioner Jones, and Judge Becerra spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the Hays County Constable Pct. 4 Office to accept a $339.98 donation from Mrs. Kimberley and Mr. Mark Nearburg, for the purchase of safety and protective equipment, specifically, motorcycle boots for the Hays County Deputy Constable, Pct. 4 motor officer and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34750 APPROVE THE APPOINTMENT OF ANITA COLLINS TO REPLACE

CAITLYN STRICKLAND ON THE SAN MARCOS MAIN STREET ADVISORY BOARD, A THREE-YEAR TERM ENDING FEBRUARY 28, 2023.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve the appointment of Anita Collins to replace Caitlyn Strickland on the San Marcos Main Street Advisory Board, a three-year term ending February 28, 2023. All present voted “Aye.” MOTION PASSED.


***** ***** JANUARY 14, 2020

34751 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PURCHASE, SALE AND SERVICE AGREEMENT WITH PACESETTER K-9 FOR A CANINE APPROVED IN THE FY 2020 BUDGET.

Marisol Villarreal-Alonzo, Auditor’s office, noted an amendment to the motion. Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a purchase, sale and service agreement with Pacesetter K-9 for a canine approved in the FY 2020 budget. All present voted “Aye.” MOTION PASSED. 34752 AUTHORIZE THE SUBMISSION OF A RENEWAL INTERLOCAL

APPLICATION WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE IMMUNIZATION/LOCALS PROGRAM FY21 IN THE AMOUNT OF $192,341.00.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the submission of a renewal Interlocal application with the Texas Department of State Health Services (DSHS) for the Immunization/Locals Program FY21 in the amount of $192,341.00. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #15 RE: APPROVE SPECIFICATIONS FOR IFB 2020-B05 US 290 TEMPORARY SIGNAL AT TRAUTWEIN ROAD AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE. – WAS PULLED.

34753 SELECT BINKLEY & BARFIELD ENGINEERING TO PERFORM DETAILED DESIGN ENGINEERING SERVICES FOR IMPROVEMENTS TO WINDY HILL ROAD FROM KYLE CITY LIMITS TO FM 2001; AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

Jerry Borcherding, Director of Transportation, gave staff recommendation. Commissioner Jones spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to select Binkley & Barfield Engineering to perform detailed design engineering services for improvements to Windy Hill Road from Kyle City limits to FM 2001; and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34754 ACCEPT OF ROAD CONSTRUCTION AND DRAINAGE

IMPROVEMENTS, RELEASE OF THE SUBDIVISION/PERFORMANCE BOND #PB03010404555 IN THE AMOUNT OF $2,487,195.15, AND ACCEPTANCE OF THE 2-YEAR MAINTENANCE BOND #PB03016800230M IN THE AMOUNT OF $121,243.00 FOR CAMPO DEL SOL PARKWAY.

Jerry Borcherding, Director of Transportation, gave staff recommendation. Commissioner Jones spoke on this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to accept of road construction and drainage improvements, release of the subdivision/performance bond #PB03010404555 in the amount of $2,487,195.15, and acceptance of the 2-year Maintenance Bond #PB03016800230M in the amount of $121,243.00 for Campo Del Sol Parkway. All present voted “Aye.” MOTION PASSED. 34755 ADOPT THE EARLY VOTING SCHEDULE (DATES & TIMES) FOR

THE MARCH 3, 2020 PRIMARY ELECTIONS.

Jennifer Anderson, Election Administrator, Commissioner Jones, Commissioner Smith, Commissioner Shell, and Commissioner Ingalsbe spoke on this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to adopt the Early Voting Schedule (Dates & Times) for the March 3, 2020 Primary Elections with Early Voting beginning February 18, 2020 through February 28, 2020. Removing Sinai Pentecostal Church and Chapa Middle School from the location list and adding the Yarrington site location. All present voted “Aye.” MOTION PASSED.

34756 AUTHORIZE THE INFORMATION TECHNOLOGY (IT) DEPARTMENT TO HAVE THEIR TEMPORARY OFFICE SPACE RECONFIGURED IN THE AMOUNT OF $4,500 AND AMEND THE BUDGET ACCORDINGLY.


***** ***** JANUARY 14, 2020

Tammy Crumley, County Wide Operations, gave the court details on planned changes to the office space used by the Information Technology (IT) Department. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the Information Technology (IT) Department to have their temporary office space reconfigured in the amount of $4,500 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34757 AUTHORIZE THE HAYS COUNTY CONSTABLE, PCT. 4 TO

PURCHASE TWO (2) RIFLE MOUNTS VALUED AT $1,900 FOR THE CONSTABLE'S MOTORS UNIT.

Commissioner Smith, Commissioner Jones, and Judge Becerra spoke on this item. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the Hays County Constable, Pct. 4 to purchase two (2) rifle mounts valued at $1,900 for the Constable's Motors Unit. All present voted “Aye.” MOTION PASSED.

34758 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A STATEMENT OF

WORK AND PARTICIPATING ADDENDUM WITH SECURUS TECHNOLOGIES, INC. UTILIZING THE NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS (NASPO) VALUEPOINT MASTER AGREEMENT RELATED TO INMATE KIOSKS AND COMMUNICATIONS AT THE JAIL FACILITY.

Sheriff Cutler and Captain Villalpando presented to the court contract details for Securus Technologies. They explained the benefit to the inmates by using this kiosks. Marisol Villarreal-Alonzo, Auditor’s Office, Mark Kennedy, General Counsel, Commissioner Smith, Commissioner Shell, Commissioner Ingalsbe, Commissioner Jones, and Judge Becerra spoke on this item. Commissioner Inglasbe asked the Auditor’s office to conduct a more in-depth audit. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the County Judge to execute a Statement of Work and Participating Addendum with Securus Technologies, Inc. utilizing the National Association of State Procurement Officials (NASPO) ValuePoint Master Agreement related to Inmate Kiosks and Communications at the Jail Facility and require the Auditor’s office to include a more detailed audit, as she feels appropriate. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED.

34759 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MASTER SERVICES AGREEMENT BETWEEN HAYS COUNTY AND SECURUS TECHNOLOGIES, LLC, RELATED TO TABLET SERVICES AND APPLICATION IN THE JAIL FACILITY, AND TO AUTHORIZE AN EXEMPTION UNDER SECTION 262.024(A)(7) OF THE TEXAS LOCAL GOVERNMENT CODE.

Mark Kennedy, General Counsel, noted a letter on file from Jeff McGill, Director of Information Technology, stating the tablets are a component part to the application. A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize the County Judge to execute a Master Services Agreement between Hays County and Securus Technologies, LLC, related to tablet services and application in the jail facility, and to authorize an exemption under Section 262.024(a)(7) of the Texas Local Government Code. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED. Court convened into Executive Session 11:22 a.m. Then reconvened into open court at 1:55 p.m. 23 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

No action was taken. 24 EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE

TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION


JANUARY 14, 2020

INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

No action was taken.

34760 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, EXCHANGE OR VALUE OF RIGHT OF WAY ALONG DACY LANE IN PCT 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a purchase of sale agreement between Hays County and Yolanda Garza related to the acquisition of 0.299 acres of Right of Way along Dacy Lane, as presented in Executive Session. All present voted "Aye." MOTION PASSED.

Clerk's Note Agenda Item #26 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW - WAS PULLED.


Judge Becerra gave update on inmate population and outsourcing.


Clerk's Note Agenda Item #29 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEA VER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW- WAS PULLED.

Clerk's Note Agenda Item #30 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW -WAS PULLED.

ADJOURNMENT A motion was made by Commissioner Jones, seconded by Commissioner Shell to adjourn court at 1:57 p.m.



proceedings had by the Hays County Commissioners' Court on January 14, 2020.

z~~~~ ELAINE H. CARDEN.tS:CouNTY CLERK AND .t::XOFFIGI~

CLERK OF THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS

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***** ***** JANUARY 21, 2020


RUBEN BECERRA COUNTY JUDGE MARK JONES COMMISSIONER, PCT. 2

LON A. SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4

ELAINE H. CÁRDENAS COUNTY CLERK Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com. THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Chaplain Javier Maldonado gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS No public comments were made. 34761 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Jones seconded by Commissioner Shell to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 34762 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Jones seconded by Commissioner Shell to approve payments of juror checks. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #3 RE: APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. – WAS PULLED. 34763 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE DEER

CREEK RANCH PARKS & LAKES HOA LOCATED AT 655 PANORAMA DRIVE, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for the Deer Creek Ranch Parks & Lakes HOA located at 655 Panorama Drive, Dripping Springs, Texas 78620.All present voted “Aye.” MOTION PASSED. 34764 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 8 LONG-

TERM RENTAL TINY HOMES (P-W) AT 3411 ELDER HILL ROAD, DRIFTWOOD, TEXAS 78619.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for 8 long-term rental tiny homes (P-W) at 3411 Elder Hill Road, Driftwood, Texas 78619. All present voted “Aye.” MOTION PASSED. 34765 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 4 LONG-

TERM RENTAL TINY HOMES (H-K) AT 3411 ELDER HILL ROAD, DRIFTWOOD, TEXAS 78619.


***** ***** JANUARY 21, 2020

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for 4 long-term rental tiny homes (H-K) at 3411 Elder Hill Road, Driftwood, Texas 78619. All present voted “Aye.” MOTION PASSED. 34766 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A

MEDITATION & YOGA STUDIO WITH YURT LOCATED 9002 BEAR CREEK DRIVE, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for a Meditation & Yoga studio with yurt located 9002 Bear Creek Drive, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED. 34767 AUTHORIZE THE ENROLLMENT AND REQUIREMENT OF ALL HAYS

COUNTY EMPLOYEES AND ELECTED OFFICIALS WHO HAVE ACCESS TO A LOCAL GOVERNMENT COMPUTER SYSTEM OR DATABASE TO COMPLETE A CYBERSECURITY TRAINING PROGRAM CERTIFIED BY THE TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) AT LEAST ANNUALLY.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the enrollment and requirement of all Hays County employees and elected officials who have access to a local government computer system or database to complete a cybersecurity training program certified by the Texas Department of Information Resources (DIR) at least annually. All present voted “Aye.” MOTION PASSED. 34768 AUTHORIZE THE EXECUTION OF RESOLUTION AND GRANT

APPLICATION SUBMITTAL TO THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY GRANTS DIVISION FOR THE HAYS COUNTY HAZMAT TEAM MONITOR MAINTENANCE PROJECT IN THE AMOUNT OF $20,000.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the execution of Resolution and grant application submittal to the Office of the Governor, Homeland Security Grants Division for the Hays County HazMat Team Monitor Maintenance project in the amount of $20,000.All present voted “Aye.” MOTION PASSED. 34769 AUTHORIZE THE EXECUTION OF RESOLUTION AND GRANT

APPLICATION SUBMITTAL TO THE OFFICE OF THE GOVERNOR, HOMELAND SECURITY GRANTS DIVISION FOR THE HAYS COUNTY HAZMAT TEAM CAPABILITY IMPROVEMENTS PROJECT IN THE AMOUNT OF $82,840.40.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the execution of Resolution and grant application submittal to the Office of the Governor, Homeland Security Grants Division for the Hays County HazMat Team Capability Improvements project in the amount of $82,840.40. All present voted “Aye.” MOTION PASSED. 34770 AUTHORIZE THE DISTRICT ATTORNEY'S OFFICE TO PURCHASE

OFFICE FURNITURE FOR $5,398 TWO (2) NEW EMPLOYEES APPROVED DURING THE FY20 BUDGET PROCESS UTILIZING THE DA DISCRETIONARY FUNDS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the District Attorney's Office to purchase office furniture for $5,398 two (2) new employees approved during the FY20 budget process utilizing the DA Discretionary Funds and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34771 APPROVE A REVISED FY 2020 VEHICLE SCHEDULE FOR THE

SHERIFF'S OFFICE DUE TO AN INCREASE IN LAW ENFORCEMENT EQUIPMENT AND INSTALLATION FEES.


***** ***** JANUARY 21, 2020

A motion was made by Commissioner Shell seconded by Commissioner Jones to approve a revised FY 2020 vehicle schedule for the Sheriff's Office due to an increase in law enforcement equipment and installation fees. All present voted “Aye.” MOTION PASSED. 34772 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE TWO (2)

REPLACEMENT STALKER RADARS AND ONE (1) NEW PUSH BUMPER VALUED AT $6,543 UTILIZING IDENTIFIED EQUIPMENT SAVINGS AND AMEND THE BUDGET ACCORDINGLY.

Judge Becerra spoke about the Sheriff’s office and the need to purchase the items to be replaced on their vehicles. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the Sheriff's Office to purchase two (2) replacement Stalker Radars and one (1) new Push Bumper valued at $6,543 utilizing identified equipment savings and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34773 AMEND VARIOUS DEPARTMENTAL OPERATING BUDGETS IN

PREPARATION FOR THE COUNTY'S FY 2019 YEAR-END PROCESS. Judge Becerra spoke about this item. A motion was made by Commissioner Shell seconded by Commissioner Jones to amend various departmental operating budgets in preparation for the County's FY 2019 year-end process. All present voted “Aye.” MOTION PASSED. 34774 AUTHORIZE THE PURCHASE OF CONSUMABLE ITEMS FOR

CENSUS COMPLETE COUNT (CCC) COMMITTEE MEETINGS AND EVENTS FOR THE PERIOD OF JANUARY THROUGH JUNE 2020 IN THE AMOUNT OF $1,300 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the purchase of consumable items for Census Complete Count (CCC) Committee Meetings and Events for the period of January through June 2020 in the amount of $1,300 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34775 RELEASE OF THE MAINTENANCE BOND #EACX0880000028 IN

THE AMOUNT OF $140,012.47, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR STONEFIELD SUBDIVISION, SECTION 11.

Commissioner Jones announced this item has staff recommendation by Jerry Borcherding, Director of Transportation. A motion was made by Commissioner Jones seconded by Commissioner Smith to release of the maintenance bond #EACX0880000028 in the amount of $140,012.47, and the acceptance of roads into the county road maintenance system for Stonefield subdivision, Section 11. All present voted “Aye.” MOTION PASSED. 34776 SELECT DOUCET & ASSOCIATES TO PERFORM ALL NECESSARY

DESIGN SERVICES AND INVESTIGATIONS RELATED TO PROVIDING ADDITION OF PARKING AREA FOR THE PCT. 2 OFFICES ON FM 2770; AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

Commissioner Jones spoke about the need for additional parking at the Precinct 2 building, especially during voting. A motion was made by Commissioner Jones seconded by Commissioner Shell to select Doucet & Associates to perform all necessary design services and investigations related to providing addition of parking area for the Pct. 2 offices on FM 2770; and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #18 RE: DISCUSSION AND POSSIBLE ACTION TO CONSIDER THE ACCEPTANCE OF ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS, AND THE 2-YEAR MAINTENANCE BOND #PB03016800230M IN THE AMOUNT OF $121,243.00, FOR THE CAMPO DEL SOL PARKWAY EXTENSION/TURNERSVILLE RD PROJECT. – WAS PULLED.


***** ***** JANUARY 21, 2020

34777 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH HDR, INC. FOR CORRIDOR PRESERVATION STUDY SERVICES ON THE SH 21 CORRIDOR IMPROVEMENTS PROJECT FROM US 183 TO THE EXISTING 5-LANE SECTION IN SAN MARCOS AS PART OF THE HAYS COUNTY 2016 ROAD BOND PROGRAM.

Commissioner Jones said this was a dangerous area for drivers and this item would be a big help to improve the area. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the County Judge to execute a Professional Services Agreement (PSA) with HDR, Inc. for Corridor Preservation Study services on the SH 21 Corridor Improvements Project from US 183 to the existing 5-lane section in San Marcos as part of the Hays County 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #20 RE: DISCUSSION AND POSSIBLE ACTION TO ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE AMOUNT OF $2,133,227.50 (BOND #PRF9284034) AND DRAINAGE, WATER, WASTEWATER, AND UTILITY IMPROVEMENTS IN THE AMOUNT OF $1,921,758.00 (BOND #PRF9284032) FOR SUNFIELD, PHASE THREE, SECTION FIVE B. – WAS PULLED. Clerk’s Note Agenda Item #21 RE: DISCUSSION AND POSSIBLE ACTION TO ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF MASS AND GRADING IMPROVEMENTS IN THE AMOUNT OF $940,187.00 (BOND #PRF9284033) FOR SUNFIELD, PHASE THREE, SECTION FIVE C. – WAS PULLED. 34778 SELECT K FRIESE, & ASSOCIATES TO PERFORM ALL RELATED

PLANNING AND ENGINEERING SERVICES NEEDED FOR UPDATING THE HAYS COUNTY TRANSPORTATION PLAN; AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

Commissioner Smith mentioned that the current plan is out of date and this would bring Hays County up to date. Commissioner Jones asked Jerry Borcherding, Director of Transportation, when was the last update. Mr. Borcherding stated last update was 2016. A motion was made by Commissioner Smith seconded by Commissioner Jones to select K Friese, & Associates to perform all related planning and engineering services needed for updating the Hays County Transportation Plan; and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34779 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER

#1 IN THE AMOUNT OF $7,316 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND MYERS CONCRETE CONSTRUCTION FOR THE ELECTIONS PUBLIC ENTRANCE REMODEL PROJECT AND AMEND THE BUDGET ACCORDINGLY.

Judge Becerra announced that he had visited the site for the remodeling. He announced that Tammy Crumley, County Wide Operations, has given staff recommendation. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the County Judge to execute Change Order #1 in the amount of $7,316 to the Professional Services Agreement between Hays County and Myers Concrete Construction for the Elections Public Entrance Remodel project and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34780 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN $8,000 GRANT

AWARD CONTRACT WITH THE UNITED WAY FOR GREATER AUSTIN FOR THE CENTRAL TEXAS 2020 GET-OUT-THE-COUNT EFFORTS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge to execute an $8,000 Grant Award Contract with the United Way for Greater Austin for the Central Texas 2020 Get-Out-The-Count Efforts and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34781 UTILIZE BUDGETED FUNDS TO ESTABLISH A MAGISTRATION

DIVISION SERVING BOTH THE DISTRICT COURTS AND THE COUNTY COURTS AT LAW AND BUDGETED UNDER THE


JANUARY 21, 2020

UMBRELLA OF THE DISTRICT COURTS, TO INCLUDE ONE (1) NEW ASSOCIATE JUDGE, ONE (1) NEW JUSTICE CLERK, CONTRACTING FOR MAGISTRATION, OPERATING SUPPLIES AND EQUIPMENT AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Shell spoke about the planning for these positions. Judge Becerra gave an overview of the magistration system as well as the hiring process for these positions. Judge Becerra said only Hays County Judges would be selecting the people to fill these roles. Commissioner Smith complimented Commissioner Ingalsbe and Commissioner Shell for their work on this item. Steve Thomas, District Court Administrator was present in court. He said a person had already been selected, but that the name would not be announced as the person had not been notified yet. The Court thanked Mr. Thomas for his availability to answer questions, as well as for his assistance in previous weeks scheduling court rooms for Commissioners' Court while the Courthouse was under renovation. A motion was made by Commissioner Shell seconded by Commissioner Jones to utilize budgeted funds to establish a Magistration Division serving both the District Courts and the County Courts at Law and budgeted under the umbrella of the District Courts, to include one (1) new Associate Judge, one (1) new Justice Clerk, Contracting for Magistration, operating supplies and equipment and amend the budget accordingly. All present voted "Aye." MOTION PASSED.



Judge Becerra read the Sheriff's report on the number of inmates housed in Hays County and the number outsourced. Outsourcing cost from January 12 through January 18 was $86,353.00.


Clerk's Note Agenda Item #29 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEA VER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW- WAS PULLED.

Clerk's Note Agenda Item #30 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW - WAS PULLED.

ADJOURNMENT A motion was made by Commissioner Jones, seconded by Commissioner Shell to adjourn court at 9:20 a.m.



proceedings had by the Hays County Commissioners' Court on January 21, 2020.

l''"""'''' CLERK OF THE COMMISSIONERS' COURT OF

~·vf • • HAYS COUNTY, TEXAS

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***** ***** JANUARY 28, 2020





Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com. THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Esparanza Baltazar-Ramirez gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS No public comments were made. 1 PRESENTATION OF HAYS COUNTY SERVICE AWARDS. Five Year Service awards were presented to the following; Raphael Guerrero, District Attorney's Office, Alvaro Carrillo, Transportation, Charles Williams Jr., Constable Pct. 4 Office, Joseph Baird, Sheriff's Office, Christopher Crumb, Sheriff's Office, Lucio Prado, Sheriff's Office, Eric Zediker, Sheriff's Office. 10 Years of Service awards were presented to the following; David Marshall, Sheriff's Office, and Jesse Mancias, Juvenile Detention Center. 20 Years of Service awards were presented to the following; Daniel Duggins, Sheriff's Office, and Mercedes Hinojosa, Human Resources. 25 Years of Service award was presented to Jack Robinson, District Courts. 30 Years of Service award was presented to Britney Richey, Treasurer’s Office. No action was taken. 34782 ADOPT A PROCLAMATION HONORING WALT KRUDOP FOR YEARS

OF SERVICE TO NORTH HAYS COUNTY EMERGENCY SERVICES DISTRICT NO. 1.

Dan O’Brien gave a public comment about Walt Krudop complimenting him by stating that he left the district in a better place than he found it. Commissioner Smith spoke about Mr. Krudop’s dedication to his job, and his work as a previous commissioner. Commissioner Shell spoke about how he worked with Mr. Krudop through Dispute Resolution Center and appreciated his service. Commissioner Ingalsbe also gave her thanks and appreciation to Mr. Krudop. Judge Becerra thanked Mr. Krudop for his commitment and expressed his appreciation of his service to Hays County. Walt Krudop spoke about his journey as a Commissioner and the growth he has seen in Dripping Springs. He thanked the Court for the resolution they presented to him, and he thanked his colleagues. A motion was made by Commissioner Smith seconded by Commissioner Shell to adopt a Proclamation honoring Walt Krudop for Years of Service to North Hays County Emergency Services District No. 1. All present voted “Aye.” MOTION PASSED. 34783 ADOPT A PROCLAMATION RECOGNIZING THE 2020 U.S. CENSUS

EFFORT. Commissioner Shell spoke on this item. He thanked Judge Becerra and his staff for organizing the effort that has been put forth. Commissioner Ingalsbe called on Tammy Crumley, County Wide Operations, introduce Jessica Mejia to the Court as the new Census Program Coordinator. Ms. Mejia spoke to the court about her previous work history and family. She is excited and enthusiastic to begin her work as noted by Commissioner Jones. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to adopt a Proclamation Recognizing the 2020 U.S. Census Effort. All present voted “Aye.” MOTION PASSED.


***** ***** JANUARY 28, 2020

4 PRESENTATION FROM REPRESENTATIVES OF THE WIMBERLEY VILLAGE LIBRARY REGARDING A PLANNED EXPANSION AND FUNDING METHODS.

Commissioner Shell gave a brief overview and introduced Mr. Dell Hood, Wimberley Village Library Board of Trustees, who made a presentation to the court and requested funding support through a Certificate of Obligation in the amount of $2,250,000 for the library expansion and remodeling. He explained the library would benefit from the County’s credit rating and noted the debt would be paid off by the Library District. Commissioner Shell suggested the Court contact Dan Whitmiller to review Certificate of Obligation and look at additional options to help fund the expansion. Commissioner Ingalsbe asked about other funding options to consider. Commissioner Smith asked Marisol Villarreal-Alonzo, Auditor, if the County would carry the bond rating in our books. Mrs. Villarreal-Alonzo responded to the Commissioner that the County would carry the bond rating and liability in the County books. Commissioner Ingalsbe spoke on this item and thanked Mr. Hood for his presentation. Judge Becerra also thanked Mr. Hood for his time and presentation. No action was taken. 5 UPDATE BY CHARLIE CAMPISE ON THE JANUARY 21, 2020

MEETING OF THE HILL COUNTRY MENTAL HEALTH DEVELOPMENTAL DISABILITIES BOARD.

Mr. Charlie Campise announced in his update to the court that the Board will be submitting a grant proposal to the Texas Health and Human Services requesting no less than $860,000 to create a mobile Mental Health unit. The mobile unit will create more availability to people in need. Grant awards will be announced in March. If the grant is approved the Board can reapply for the grant after the first 2 years. Commissioner Smith thanked Mr. Campise for his presentation to the Court. No action was taken. 6 PRESENTATION BY HALFF ASSOCIATES, INC. ON HAYS COUNTY’S

ROAD TO RESILIENCE. Commissioner Ingalsbe announced that it had been a while since the Court had been updated about the Road to Resilience project, so she had asked Halff Associates, Inc. to update the Court. Mike Maya and Cindy Engelhardt, representatives of the Halff Associates, Inc., presented to the Court using a PowerPoint presentation. Ms. Engelhardt applauded Hays County for their proactive efforts. Judge Becerra spoke about flood areas and preventative action taken to help the community. Commissioner Ingalsbe said the court is very supportive of the efforts and of saving lives. She also thanked the Transportation, HR, and Development services for their work on improvements. Commissioner Shell also thanked the departments and noted he first saw a presentation from Halff about nine years and can know see the results of some of the concepts from the past. Commissioner Smith spoke on the personal effects floods have on the community and thanked them for their overall strategy. No action was taken. 34784 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Jones seconded by Commissioner Shell to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 34785 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Jones seconded by Commissioner Shell to approve payments of juror checks. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #9 RE: APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. – WAS PULLED. 34786 APPROVE THE PAYMENT OF THE JANUARY 31, 2020 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,800,000.00 EFFECTIVE JANUARY 31, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the payment of the January 31, 2020 payroll disbursements in an amount not to exceed $3,800,000.00 effective January 31, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.


***** ***** JANUARY 28, 2020

34787 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT TO PARTICIPATE IN THE 1033 DEFENSE LOGISTICS AGENCY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute an agreement to participate in the 1033 Defense Logistics Agency. All present voted “Aye.” MOTION PASSED. 34788 APPROVE OUT OF STATE TRAVEL FOR KELLSEY SCHILLY

(OFFICE OF EMERGENCY SERVICES) TO ATTEND THE TYLER CONNECT CONFERENCE ON APRIL 26 - 29, 2020 IN ORLANDO, FLORIDA.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve out of state travel for Kellsey Schilly (Office of Emergency Services) to attend the Tyler Connect Conference on April 26 - 29, 2020 in Orlando, Florida. All present voted “Aye.” MOTION PASSED. 34789 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE

FITZHUGH TOWN CENTER LOCATED AT 15210 FITZHUGH ROAD, AUSTIN, TEXAS 78736.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for the Fitzhugh Town Center located at 15210 Fitzhugh Road, Austin, Texas 78736. All present voted “Aye.” MOTION PASSED. 34790 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A NEW

VETERINARY CLINIC LOCATED AT 31300 RANCH ROAD 12, DRIPPING SPRINGS, TEXAS 78620.

Commissioner Smith asked Caitlyn Strickland, Development Services, if this permit is regarding a current facility or a future facility. Ms. Strickland responded that the permit is for a future facility. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for a new veterinary clinic located at 31300 Ranch Road 12, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED. 34791 ACCEPT THE RESIGNATION OF NAHUM MELENDEZ AND APPROVE

THE APPOINTMENT OF JAVIER MALDONADO TO ACT AS THE CHAPLAIN FOR HAYS COUNTY COMMISSIONERS COURT, EFFECTIVE IMMEDIATELY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to accept the resignation of Nahum Melendez and approve the appointment of Javier Maldonado to act as the Chaplain for Hays County Commissioners Court, effective immediately. All present voted “Aye.” MOTION PASSED. 34792 APPROVE OUT OF STATE TRAVEL FOR DETECTIVE NELSON WRAY

TO ATTEND THE DIGITAL EVIDENCE INVESTIGATIONS COURSE ON MARCH 9-13, 2020 IN HOOVER, ALABAMA TO BE FUNDED BY THE NATIONAL COMPUTER FORENSICS INSTITUTE.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve out of state travel for Detective Nelson Wray to attend the Digital Evidence Investigations Course on March 9-13, 2020 in Hoover, Alabama to be funded by The National Computer Forensics Institute. All present voted “Aye.” MOTION PASSED. 34793 APPROVE OUT OF STATE TRAVEL FOR DETECTIVE NELSON WRAY

TO ATTEND THE NETWORK INTRUSION RESPONSE PROGRAM ON APRIL 20-MAY 8, 2020 IN HOOVER, ALABAMA FUNDED BY THE UNITED STATES SECRET SERVICE.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve out of state travel for Detective Nelson Wray to attend the Network Intrusion Response Program on April 20-May 8, 2020 in Hoover, Alabama funded by the United States Secret Service. All present voted “Aye.” MOTION PASSED.


***** ***** JANUARY 28, 2020

34794 AUTHORIZE THE SUBMISSION OF THE EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) RENEWAL APPLICATION TO THE TEXAS DEPARTMENT OF PUBLIC SAFETY, TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) PROGRAM FOR UP TO $158,932.70.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the submission of the Emergency Management Performance Grant (EMPG) renewal application to the Texas Department of Public Safety, Texas Division of Emergency Management (TDEM) Program for up to $158,932.70. All present voted “Aye.” MOTION PASSED. 34795 APPROVE THE TREASURER'S AND INVESTMENT REPORTS FOR

THE LAST 2 QUARTERS OF FY 2019. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the Treasurer's and Investment Reports for the last 2 quarters of FY 2019. All present voted “Aye.” MOTION PASSED. 34796 AUTHORIZE THE SUBMISSION OF A NON-REVENUE AGREEMENT

TO THE CENTRAL TEXAS REGIONAL MOBILITY AUTHORITY AND THE CAMERON COUNTY REGIONAL MOBILITY AUTHORITY TO UPDATE AND/OR ESTABLISH NON-REVENUE ACCOUNTS FOR LAW ENFORCEMENT VEHICLES.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the submission of a non-revenue agreement to the Central Texas Regional Mobility Authority and the Cameron County Regional Mobility Authority to update and/or establish non-revenue accounts for law enforcement vehicles. All present voted “Aye.” MOTION PASSED. 34797 CONSIDER THE RELEASE OF THE MAINTENANCE BOND #0575587

IN THE AMOUNT OF $60,000.00, RELEASE OF THE RE-VEGETATION BOND #HSIFSU0724193 IN THE AMOUNT OF $22,500.00, AND THE ACCEPTANCE OF ROADS INTO THE COUNTY ROAD MAINTENANCE SYSTEM FOR GREAT HILLS SUBDIVISION, SECTION 6.

Commissioner Jones asked Jerry Borcherding, Transportation, if there was staff approval for this item. Mr. Borcherding responded that there is approval. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to consider the release of the Maintenance Bond #0575587 in the amount of $60,000.00, release of the Re-Vegetation Bond #HSIFSU0724193 in the amount of $22,500.00, and the acceptance of roads into the County Road Maintenance System for Great Hills Subdivision, Section 6. All present voted “Aye.” MOTION PASSED. 34798 AUTHORIZE THE COUNTY JUDGE TO EXECUTE SUPPLEMENTAL

NO. 4 TO A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH JOHNSON, MIRMIRAN & THOMPSON INC. (JMT) FOR THE FM 110 MIDDLE PROJECT AS PART OF THE HAYS COUNTY/TXDOT PARTNERSHIP PROGRAM.

Commissioner Ingalsbe spoke on this item to the Court. She explained an oversight that happened involving an easement crossing over the right of way the County had purchased. Jerry Borcherding, Transportation, said the title company missed the easement; therefore the County may be able to recoup cost for that purchase. Commissioner Shell asked what kind of easement. Commissioner Ingalsbe responded that it was involving an access easement for the property owner. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute Supplemental No. 4 to a Professional Services Agreement (PSA) with Johnson, Mirmiran & Thompson Inc. (JMT) for the FM 110 Middle Project as part of the Hays County/TXDOT Partnership Program. All present voted “Aye.” MOTION PASSED. 34799 ACCEPT AMENDMENT NO. 002 TO LETTER OF CREDIT NO. 5308

FOR STREET AND DRAINAGE IMPROVEMENTS FOR LA CIMA PHASE 1, SECTION 2, SUB-1205 (108 LOTS).


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Commissioner Shell asked Jerry Borcherding, Transportation, if there was staff approval for this item. Mr. Borcherding responded that there is approval. Judge Becerra asked Mr. Borcherding if he could give an explanation of this process. Mr. Borcherding said a letter of credit is issued to make sure the roads are complete. The amendment will reduce the Bond, so that money can be released back to the Developer. A motion was made by Commissioner Shell seconded by Commissioner Jones to accept Amendment No. 002 to Letter Of Credit No. 5308 for Street and Drainage Improvements for La Cima Phase 1, Section 2, Sub-1205 (108 Lots). All present voted “Aye.” MOTION PASSED. 34800 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET

AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $843,062.00 FOR HEADWATERS AT BARTON CREEK, PHASE 4, SECTION 5 (BOND # PB03010406555).

A motion was made by Commissioner Smith seconded by Commissioner Jones to accept Fiscal Surety for the Construction of Street and Drainage Improvements in the amount of $843,062.00 for Headwaters at Barton Creek, Phase 4, Section 5 (Bond # PB03010406555). All present voted “Aye.” MOTION PASSED. 34801 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET

AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $1,175,523.65 FOR HEADWATERS AT BARTON CREEK, PHASE 4, SECTION 6 (BOND # PB03010406556).

A motion was made by Commissioner Smith seconded by Commissioner Jones to accept Fiscal Surety for the Construction of Street and Drainage Improvements in the amount of $1,175,523.65 for Headwaters at Barton Creek, Phase 4, Section 6 (BOND # PB03010406556). All present voted “Aye.” MOTION PASSED. 34802 ACCEPT LETTER OF CREDIT NO. 1028 FOR STREET AND

DRAINAGE IMPROVEMENTS FOR 6 CREEKS PHASE 1 SECTION 2 IN THE AMOUNT OF $266,128.00.

A motion was made by Commissioner Smith seconded by Commissioner Shell to accept Letter of Credit No. 1028 for Street and Drainage Improvements for 6 Creeks Phase 1 Section 2 in the amount of $266,128.00. All present voted “Aye.” MOTION PASSED. 34803 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL

COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND TEXAS STATE UNIVERSITY TO BE PERFORMED BY THE MEADOWS CENTER FOR WATER AND THE ENVIRONMENT RELATED TO THE 2020 HAYS COUNTY FERAL HOG PROGRAM.

Tammy Crumley, County Wide Operations, announced the agreement is needed to meet our obligation under the feral hog program. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute an Interlocal Cooperation Agreement between Hays County and Texas State University to be performed by the Meadows Center for water and the environment related to the 2020 Hays County Feral Hog Program. All present voted “Aye.” MOTION PASSED. 34804 REFORM A NEW PARKS AND OPEN SPACE ADVISORY BOARD

(POSAB) AND THE APPOINTMENT OF MEMBERS TO THE BOARD. The Court discussed the goals of this board. It was discussed to have public meetings, work with other municipalities, work with County Wide Operations, Grants, Transportation department and Conservation groups, work with Hays County employees for technical support, and possibly seek a name change for the board itself. The Commissioners named some of their appointments for the board. They also decided to bring this item back February 18 in regular meeting, to finalize the appointments. Commissioner Ingalsbe named Blanca Loya. Commissioner Smith named Casey Mock and Scott Tomhay, Commissioner Jones named Jim Cant and Katherine Nichols, and Commissioner Shell named Scott Way. A motion was made by Commissioner Shell seconded by Commissioner Smith to reform a new Parks and Open Space Advisory Board (POSAB) and the appointment of members to the Board. All present voted “Aye.” MOTION PASSED.


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34805 ACCEPT THE RESIGNATION OF RAY WHISENANT AND THE APPOINTMENT OF WALT SMITH TO THE BOARD OF DIRECTORS OF THE WEST TRAVIS COUNTY PUBLIC UTILITY AGENCY (THE “WTCPUA”).

Commissioner Shell thanked Ray Whisenant for his service. Commissioner Smith thanked the Court for their confidence in him for that position. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to accept the resignation of Ray Whisenant and the appointment of Walt Smith to the Board of Directors of the West Travis County Public Utility Agency (The “WTCPUA”). All present voted “Aye.” MOTION PASSED. 34806 AWARD CONTRACTS FOR IFB 2020-B04 CONCRETE TO LAUREN

CONCRETE, INC. AND BRAUNTEX MATERIALS, INC. A motion was made by Commissioner Jones, seconded by Commissioner Ingalsbe to award contracts for IFB 2020-B04 Concrete to Lauren Concrete, Inc. and Brauntex Materials, Inc. All present voted “Aye.” MOTION PASSED. 34807 AUTHORIZE THE EXECUTION OF A MEMORANDUM OF

UNDERSTANDING BETWEEN THE HAYS COUNTY VETERAN SERVICE OFFICE AND THE AUSTIN VET CENTER TO PROVIDE COUNSELING SERVICES TO VETERANS AT THE HAYS COUNTY COURTHOUSE.

Jude Prather, Veterans Services, announced to the Court that with this MOU a counselor will be available on a monthly bases. It will expand the scope of capabilities by providing mental health counseling, diagnosis, and treatments. Commissioner Ingalsbe commended Mr. Prather and his staff for the partnership they have made to improve services. Commissioner Shell and Judge Becerra also shared their thanks to Mr. Prather and staff. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the execution of a Memorandum of Understanding between the Hays County Veteran Service Office and the Austin Vet Center to provide counseling services to Veterans at the Hays County Courthouse. All present voted “Aye.” MOTION PASSED. 34808 APPROVE AWARD OF RFP 2020-P02 COUNTYWIDE JANITORIAL

SERVICES TO PBS OF TEXAS AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve award of RFP 2020-P02 Countywide Janitorial Services to PBS of Texas and authorize the County Judge to execute a contract. All present voted “Aye.” MOTION PASSED. 34809 COMMIT FUNDING AS PART OF THE "CORE 4" PARTNERSHIP

RELATED TO A YOUTH SERVICES DIRECTOR POSITION FOR IMPLEMENTATION OF A YOUTH MASTER PLAN.

Ann Halsey, Chair of City of San Marcos Commission on Youth and Children, along with staff from City of San Marcos, presented to the Court, requesting a commitment of funds. Commissioner Ingalsbe recognized the City of San Marcos staff members. Stephanie Reyes, Assistant City Manager of San Marcos, spoke to the Court about the process of completing a memorandum of understanding in the future, but clarified that they were asking only for a commitment from the County at this point. Commissioner Ingalsbe asked Marisol Villarreal-Alonzo, Auditor, if funds could be taken from the Tobacco Settlement. Commissioner Shell thanked the presenters. Judge Becerra read a statement. He is proud of the collaboration between the City of San Marcos, San Marcos Consolidated Independent School District, and Texas State University, and representation on the School Board, and the City Counsel. This is an opportunity to say thank you. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to commit funding as part of the "Core 4" Partnership related to a Youth Services Director position for implementation of a Youth Master Plan. All present voted “Aye.” MOTION PASSED. 34810 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONSULTING

SERVICES AGREEMENT BETWEEN HAYS COUNTY AND WATER PR, LLC, RELATED TO THE IDENTIFICATION OF PARKS AND OPEN SPACE PROJECTS FOR HAYS COUNTY; AND TO AUTHORIZE AN EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SEC.262.024(A)(4).


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Commissioner Shell introduced the Former Commissioner Karen Ford who made a presentation to the Court on the role her company would take as consultants. Ms. Ford said they would help organize, manage, facilitate a citizens committee, and make recommendations in July for the Bond approval in November. Commissioner Ingalsbe thanked Ms. Ford for her return to service. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Consulting Services Agreement between Hays County and Water PR, LLC, related to the identification of Parks and Open Space Projects for Hays County; and to authorize an exemption pursuant to Texas Local Government Code Sec.262.024(A)(4). All present voted “Aye.” MOTION PASSED. Court convened into Executive Session 11:15 a.m. Then reconvened into open court at 12:40 p.m. 35 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND


No action taken. 34811 EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE

TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize General Counsel to execute an Agreement and Consent to Multiparty representation, as presented in Executive Session, related to litigation with Kinder Morgan Texas Pipeline, LLC and others and amend the budget by moving all funds from 001-645-00.5441 (Countywide Legal) to 001-614-00.5441, within the Office of General Counsel budget. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #37 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.


Judge Becerra read the update of the Sheriff’s report on inmate population and outsourcing. The week of January 19-25 the estimated cost of outsourcing $88,870. Clerk’s Note Agenda Item #39 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #40 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW – WAS PULLED. Clerk’s Note Agenda Item #41 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW – WAS PULLED.


JANUARY 28, 2020

ADJOURNMENT A motion was made by Commissioner Jones, seconded by Commissioner Shell to adjourn court at 12:48 p.m.



proceedings had by the Hays County Commissioners' Court on Januarv 28, 2020.

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ELAINE H. CARDENAS, COUNTY CLERK AND EXOFFICIO CLERK OF THE COMMISSIONERS' COURT OF

HAYS COUNTY, TEXAS


***** ***** FEBRUARY 4, 2020


RUBEN BECERRA COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 LON A. SHELL COMMISSIONER, PCT. 3

WALT SMITH COMMISSIONER, PCT. 4 ROXANNE RODRIGUEZ CHIEF DEPUTY CLERK

Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com. WITH COMMISSIONER PCT. 2 MARK JONES BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Reverend Lisa Straus gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon, Hays County resident, gave public comments regarding a lawsuit between Hays County and the Kinder Morgan pipeline. Mr. Lyon read the disbursements by Hays County. Kate Johnson, Chair of the Hays County Historical Commission, announced new office hours for the Historic Commission and the Courthouse Museum. Mike Lee, Attorney, gave public comments on racism in the Hays County Criminal Justice system. 1 INTRODUCTION OF THE MAGISTRATE, JUDGE BENJAMIN MOORE,

AND THE INDIGENT DEFENSE COORDINATOR, KELLI PULPAN. Judge Tacie Zelhart of County Court at Law 3, introduced Judge Benjamin Moore as the new Magistrate Judge and Kelli Pulpan as the Indigent Defense Coordinator. Judge Moore spoke about his service to the community. Kelli Pulpan then spoke about her ties to Hays County and her excitement about her new role. No action was taken. 34812 ADOPT A PROCLAMATION DECLARING FEBRUARY AS

SPAY/NEUTER AWARENESS MONTH IN HAYS COUNTY. Sherri Boyett announced that she has been appointed as the first Animal Advocacy Advisor, and Community Liaison to the County Judge’s office. Ms. Boyett spoke about Hays County’s No Kill initiative. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to adopt a Proclamation declaring February as Spay/Neuter Awareness Month in Hays County. All present voted “Aye.” MOTION PASSED. 34813 ADOPT A PROCLAMATION DECLARING FEBRUARY 4, 2020 AS

KAREN CHISUM DAY IN HAYS COUNTY. Commissioner Shell spoke about Coach Chisum as being a legendary coach, one of the finest in the history of Volleyball NCAA. Coach Karen Chisum was honored and humbled by the Court’s Resolution. Commissioner Ingalsbe thanked Coach Chisum for her many years of service. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to adopt a Proclamation declaring February 4, 2020 as Karen Chisum Day in Hays County. All present voted “Aye.” MOTION PASSED. 4 PRESENTATION FROM DENISE FONSECA REGARDING 'ROOM 2

HOPE', A PLAN TO UPGRADE THE VICTIM WAITING ROOM WITHIN THE DISTRICT ATTORNEY'S OFFICE.

Denise Fonseca presented her plan to upgrade the victim waiting room. She shared some of her personal background and work history. She explained that Hays County would be the pilot for this program. Commissioner Shell suggested General Counsel could help with a license agreement and provide some in-kind


***** ***** FEBRUARY 4, 2020

services through the Maintenance department. Commissioner Smith suggested calling on the Hays County Bar Association for assistance, and suggested a possible victim’s entrance at the Hays County Government Center. Commissioner Ingalsbe thanked Fonseca for sharing her story. Wes Mau, District Attorney, expressed support for Fonseca encouraged the court to endorse the project. No action was taken. 5 UPDATE FROM THE CITIZENS ELECTION ADVISORY COMMISSION. Roland Saucedo, Chair of the Citizens Election Advisory, presented to the Court an update on the Commission. Jennifer Anderson, Elections Administrator, spoke about her technical advisory role to the Commission. Anderson suggested the Commission come to Court in June with their recommendations to meet the deadlines for November voting. Judge Becerra thanked Saucedo and Anderson for their time. No action was taken. 34814 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 34815 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to approve payments of juror checks. All present voted “Aye.” MOTION PASSED. 34816 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED. 34817 APPROVE COMMISSIONERS COURT MINUTES OF JANUARY 14,

2020, JANUARY 21, 2020 AND JANUARY 28, 2020. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to approve Commissioners Court Minutes of January 14, 2020, January 21, 2020 and January 28, 2020. All present voted “Aye.” MOTION PASSED. 34818 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A SPECIAL

NEEDS GROUP HOME LOCATED AT 13701 TRAUTWEIN ROAD, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for a Special Needs Group Home Located at 13701 Trautwein Road, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED. 34819 AUTHORIZE PAYMENT TO KENT POWERSPORTS OF AUSTIN

RELATED TO MAINTENANCE AND REPAIRS TO A 2006 HONDA MOTORCYCLE IN THE AMOUNT OF $647.40 IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

Commissioner Smith noted this was the last time to approve repairs on this motorcycle since two new motorcycles have been purchased. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to authorize payment to Kent Powersports of Austin related to maintenance and repairs to a 2006 Honda motorcycle in the amount of $647.40 in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34820 APPROVE AND CONFIRM THE APPOINTMENT OF JAMES V. MORA,

AS A RESERVE DEPUTY CONSTABLE, IN THE HAYS COUNTY CONSTABLE PRECINCT 2, EFFECTIVE FEBRUARY 4, 2020.

Constable Michael Torres introduced James Mora, who spoke about his work history and move to Hays County. Judge Becerra swore in Mora. A motion was made by Commissioner Shell seconded by Commissioner


***** ***** FEBRUARY 4, 2020

Ingalsbe to approve and confirm the appointment of James V. Mora as a Reserve Deputy Constable, Hays County Precinct 2, effective February 4, 2020. All present voted “Aye.” MOTION PASSED. 34821 APPROVE OUT OF STATE TRAVEL FOR THE LEGAL SUPPORT

SERVICES COORDINATOR – EMILY SIERRA, LEAD LEGAL ASSISTANT: FELONY – AMANDA CALVERT, LEAD LEGAL ASSISTANT: MISDEMEANOR – NICHOLAS COSTILLA AND RECORDS MANAGEMENT OFFICER – MELODY BARRON, TO ATTEND THE TYLER CONNECT CONFERENCE ON APRIL 26-29, 2020 IN ORLANDO, FLORIDA UTILIZING FUNDS BUDGETED DURING THE FY20 BUDGET PROCESS.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve out of state travel for the Legal Support Services Coordinator – Emily Sierra, Lead Legal Assistant: Felony – Amanda Calvert, Lead Legal Assistant: Misdemeanor – Nicholas Costilla and Records Management Officer – Melody Barron, to attend the Tyler Connect Conference on April 26-29, 2020 in Orlando, Florida utilizing funds budgeted during the FY20 budget process. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #14 RE: AUTHORIZE PAYMENT TO DRONE SENSE IN THE AMOUNT OF $5,000 FOR UAV SUBSCRIPTION SERVICES FOR THE UAV IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY. – WAS PULLED. 34822 APPROVE OUT OF STATE TRAVEL FOR DIANE SANCHEZ

(INFORMATION TECHNOLOGY DEPARTMENT) TO ATTEND THE TYLER CONNECT CONFERENCE ON APRIL 26-29, 2020 IN ORLANDO, FLORIDA.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve out of state travel for Diane Sanchez (Information Technology Department) to attend the Tyler Connect Conference on April 26-29, 2020 in Orlando, Florida. All present voted “Aye.” MOTION PASSED. 34823 ACCEPT AND APPROVE THE 2019 RACIAL PROFILING REPORT

AND THE 2019 ANNUAL ACTIVITY REPORT FROM HAYS COUNTY CONSTABLE OFFICE, PCT. 4.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to accept and approve the 2019 Racial Profiling Report and the 2019 Annual Activity Report from Hays County Constable Office, Pct. 4. All present voted “Aye.” MOTION PASSED. 34824 AUTHORIZE CHANGE ORDER #1 TO THE CONTRACT BETWEEN

HAYS COUNTY AND MYERS CONCRETE CONSTRUCTION FOR THE REPAIRS TO THE JACOBS WELL WEIR IN THE ADDITIONAL AMOUNT OF $1,898.40 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize change order #1 to the contract between Hays County and Myers Concrete Construction for the repairs to the Jacobs Well weir in the additional amount of $1,898.40 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34825 AMEND THE JUSTICE OF THE PEACE, PCT. 1-2 OPERATING

BUDGET FOR $370 ADDITIONAL CONTINUING EDUCATION EXPENSES RELATED TO THE JUSTICE OF THE PEACE EDUCATION SEMINAR HELD IN AUSTIN, TEXAS ON FEBRUARY 16-19, 2020.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to amend the Justice of the Peace, Pct. 1-2 Operating Budget for $370 additional Continuing Education Expenses related to the Justice of the Peace Education Seminar Held in Austin, Texas on February 16-19, 2020. All present voted “Aye.” MOTION PASSED.


***** ***** FEBRUARY 4, 2020

34826 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE BLACK'S VENUE LOCATED AT 130 W CONCORD CIRCLE, AUSTIN, TEXAS 78737.

Caitlyn Strickland, Development Services, stated the property owner has met all the on-site sewage facility requirements. The water use will be monitored for the first year and then revisited. Ms. Strickland noted the traffic impact will be studied through Commissioner Smith and Jerry Borcherding, Transportation Department. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for the Black's Venue located at 130 W Concord Circle, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED. 34827 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT

BETWEEN HAYS COUNTY AND PLATEAU LAND & WILDLIFE MANAGEMENT IN THE AMOUNT OF $695 FOR SERVICES RELATED TO THE 2020 HAYS CAD WILDLIFE APPLICATION RE-FILE.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to Execute an Agreement between Hays County and Plateau Land & Wildlife Management in the amount of $695 for services related to the 2020 Hays CAD Wildlife Application Re-File. All present voted “Aye.” MOTION PASSED. 34828 AUTHORIZE THE PURCHASE OF FOUR EXPANDABLE SHELTERS IN

THE AMOUNT OF $6,400 AS PART OF THE FY20 DEPARTMENT OF STATE HEALTH SERVICES PHEP GRANT AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the purchase of four expandable shelters in the amount of $6,400 as part of the FY20 Department of State Health Services PHEP Grant and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34829 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT (PSA) WITH BINKLEY & BARFIELD ENGINEERING TO PERFORM DETAILED DESIGN SERVICES FOR THE IMPROVEMENTS TO WINDY HILL ROAD FROM KYLE CITY LIMITS TO FM 2001.

Jerry Borcherding, Transportation Department, announced this is the next step for improvements to Windy Hill per the schematic design approved by the Commissioner’s office and the Transportation Department. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement (PSA) with Binkley & Barfield Engineering to perform detailed design services for the improvements to Windy Hill Road from Kyle City Limits to FM 2001. All present voted “Aye.” MOTION PASSED. 34830 ACCEPT ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS,

ACCEPT THE 2-YEAR MAINTENANCE BOND #050104Y IN THE AMOUNT OF $28,303.26, AND ACCEPT THE 1-YEAR REVEGETATION BOND #064816P IN THE AMOUNT OF $14,571.85 FOR REUNION RANCH SUBD., PHASE 3, SECTION 3.

A motion was made by Commissioner Smith seconded by Commissioner Ingalsbe to accept Road Construction & Drainage Improvements, accept the 2-year Maintenance Bond #050104Y in the amount of $28,303.26, and accept the 1-Year Revegetation Bond #064816P in the amount of $14,571.85 for Reunion Ranch Subd., Phase 3, Section 3. All present voted “Aye.” MOTION PASSED. 34831 ADOPT OF A RESOLUTION DETERMINING THE COSTS OF CERTAIN

PUBLIC IMPROVEMENTS TO BE FINANCED BY THE LA CIMA PUBLIC IMPROVEMENT DISTRICT; APPROVING A PRELIMINARY SERVICE PLAN AND ASSESSMENT PLAN FOR NEIGHBORHOOD IMPROVEMENT AREA #2, INCLUDING PROPOSED NEIGHBORHOOD IMPROVEMENT AREA #2 ASSESSMENT ROLL; DIRECTING THE FILING OF THE PROPOSED NEIGHBORHOOD IMPROVEMENT AREA #2 ASSESSMENT ROLL WITH THE COUNTY CLERK TO MAKE AVAILABLE FOR PUBLIC INSPECTION; NOTICING A PUBLIC


***** ***** FEBRUARY 4, 2020

HEARING FOR FEBRUARY 25, 2020 TO CONSIDER AN ORDER LEVYING ASSESSMENTS ON PROPERTY LOCATED WITHIN NEIGHBORHOOD IMPROVEMENT AREA #2 OF THE LA CIMA PUBLIC IMPROVEMENT DISTRICT; DIRECTING COUNTY STAFF TO PUBLISH AND MAIL NOTICE OF SAID PUBLIC HEARING; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.

Mark Kennedy, General Counsel, explained how the bond issuance and assessments work. Kennedy said consultants and staff are dedicated to this process. Commissioner Shell added that once improvements are completed, then the owners can seek reimbursement. The public hearing will be held in regular Commissioners’ Court Meeting. A motion was made by Commissioner Shell seconded by Commissioner Smith to adopt of a Resolution determining the costs of certain public improvements to be financed by the La Cima Public Improvement District; approving a Preliminary Service Plan and Assessment Plan for Neighborhood Improvement Area #2, including proposed Neighborhood Improvement Area #2 Assessment Roll; directing the filing of the proposed Neighborhood Improvement Area #2 Assessment Roll with the County Clerk to make available for Public Inspection; Posting notice of a Public Hearing for February 25, 2020 to consider an Order Levying Assessments on property located within Neighborhood Improvement Area #2 of the La Cima Public Improvement District; directing County Staff to publish and mail notice of said Public Hearing; and resolving other matters incident and related thereto; and providing an effective date. All present voted “Aye.” MOTION PASSED. 34832 APPROVAL OF A LA CIMA PUBLIC IMPROVEMENT DISTRICT

DEPOSIT AGREEMENT FOR PROPOSED FUTURE BOND TEST AMENDMENT FOR CERTAIN COSTS ASSOCIATED WITH NEIGHBORHOOD IMPROVEMENT AREA #2 OF THE LA CIMA PUBLIC IMPROVEMENT DISTRICT.

Mark Kennedy, General Counsel, explained the developer is requesting an inquiry be made into the bond holders. This item will make it so the developer covers the cost of the inquiry. A motion was made by Commissioner Shell seconded by Commissioner Smith to approval of a La Cima Public Improvement District Deposit Agreement for Proposed Future Bond Test Amendment for certain costs associated with Neighborhood Improvement Area #2 of the La Cima Public Improvement District. All present voted “Aye.” MOTION PASSED. 34833 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THREE

SHORT-TERM RENTAL CABINS AND GRANT A VARIANCE TO SECTION 10 M. 1. (B) OF THE HAYS COUNTY RULES FOR ON-SITE SEWAGE FACILITIES AT 630 WINN RANCH ROAD, WIMBERLEY, TEXAS 78676.

Caitlyn Strickland, Development Services, explained the property owners have over-sized their system with the primary use as residential. Commissioner Shell asked if over-sizing has been allowed in the past. Ms. Strickland responded yes. A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for three short-term rental cabins and grant a variance to Section 10 M. 1. (B) of the Hays County Rules for On-Site Sewage Facilities at 630 Winn Ranch Road, Wimberley, Texas 78676. All present voted “Aye.” MOTION PASSED. 34834 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL

AGREEMENT WITH THE NATIONAL COOPERATIVE PURCHASING ALLIANCE (NCPA) TO PROVIDE COOPERATIVE PURCHASING SERVICES FOR HAYS COUNTY.

Marisol Villarreal-Alonzo, Auditor, explained the County uses the Co-ops to review vendors when looking for competitive proposals or bids. Commissioner Smith endorsed the item as it gives the County additional purchasing power. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute an Interlocal Agreement with the National Cooperative Purchasing Alliance (NCPA) to provide Cooperative Purchasing Services for Hays County. All present voted “Aye.” MOTION PASSED. 34835 APPROVE THE LOCATION OF OFFICE SPACES FOR THE INDIGENT

DEFENSE COORDINATOR AND THE RECORDS MANAGEMENT OFFICE WITHIN THE HAYS COUNTY GOVERNMENT CENTER LOCATED AT 712 S. STAGECOACH TRAIL, SAN MARCOS, TEXAS.


***** ***** FEBRUARY 4, 2020

Wes Mau, District Attorney, Commissioner Ingalsbe, Judge Becerra, Commissioner Shell, Tammy Crumley, County Wide Operations, Mark Kennedy, General Counsel, in a lengthy discussions, talked about a possible tour of the Hays County Government Center including members of the Bar Association and the County Court Judges to come up with a solution for use of the limited office space. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the location of office spaces for the Indigent Defense Coordinator and the Records Management Office within the Hays County Government Center located at 712 S. Stagecoach Trail, San Marcos, Texas. All present voted “Aye.” MOTION PASSED. 34836 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A $25,899

PROPOSAL FROM BECKWITH ELECTRONIC SYSTEMS, LLC FOR REPLACEMENT AV VIDEO/AUDIO EQUIPMENT FOR COUNTY COURTROOMS #1, #3 & #4 AND ALLOW A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE 262.024A (7) (D) AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe noted that the equipment would be cost prohibitive to repair. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute a $25,899 proposal from Beckwith Electronic Systems, LLC for replacement AV Video/Audio Equipment for County Courtrooms #1, #3 & #4 and allow a discretionary exemption pursuant to Texas Local Government Code 262.024a (7) (D) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 30 DISCUSSION AND POSSIBLE ACTION TO MODIFY THE APPROVAL

PROCESS FOR EXPENDITURES FROM COUNTY WIDE FUNDS, INCLUDING BUT NOT LIMITED TO EXPENDITURES FOR OUTSIDE LEGAL SERVICES, WHICH WAS RECENTLY MOVED FROM COUNTY WIDE TO THE OFFICE OF GENERAL COUNSEL BUDGET.

Judge Becerra, Commissioner Shell, Commissioner Smith, Commissioner Ingalsbe, Marisol Villarreal-Alonzo, Auditor’s office, and Mark Kennedy, General Counsel, in a lengthy discussion, spoke about the approval process for the expenditures. Marisol Villarreal-Alonzo, Auditor, recommended placing the approval of the invoices under the department head that oversees the expense daily. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to open discussion and possible action to modify the approval process for expenditures from County Wide Funds, including but not limited to expenditures for outside Legal Services, which was recently moved from County Wide to the Office of General Counsel Budget. No action was taken. Court convened into Executive Session 10:20 a.m. Then reconvened into open court at 10:40 a.m. 31 EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE

TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING LA CIMA PUBLIC IMPROVEMENT DISTRICT. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

No action was taken. Court convened into Executive Session 12:00 p.m. Then reconvened into open court at 2:07 p.m. 32 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND


No action was taken. 33 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING EMPLOYMENT AND DUTIES OF ALL INDIVIDUAL POSITIONS THAT REPORT DIRECTLY TO THE COMMISSIONERS COURT. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.


***** ***** FEBRUARY 4, 2020

No action was taken. Clerk’s Note Agenda Item #34 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – WAS PULLED. 35 DISCUSSION RELATED TO THE HAYS COUNTY INMATE

POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS.

Judge Becerra read the Sheriff’s weekly report of Inmate population and costs of outsourcing. The week of January 26th through February 1st the estimated cost of outsourcing was $87,994. No action was taken. Clerk’s Note Agenda Item #36 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #37 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #38 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. ADJOURNMENT A motion was made by Commissioner Shell, seconded by Commissioner Smith to adjourn court at 2:10 p.m.

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


proceedings had by the Hays County Commissioners’ Court on February 4, 2020.

ELAINE H. CÁRDENAS, COUNTY CLERK AND EXOFFICIO

CLERK OF THE COMMISSIONERS’ COURT OF HAYS COUNTY, TEXAS


***** ***** FEBRUARY 18, 2020


RUBEN BECERRA COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2


Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com. WITH COMMISSIONER PCT. 3 LON SHELL BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Stella Burkhalter, First Methodist Church in San Marcos, gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Harvey Jenkins, Rodrigo Amaya, and Dan Lyon made public comments 34838 ADOPT A PROCLAMATION RECOGNIZING THE 9TH ANNUAL

MISTICK KREWE OF OKEANOS MARDI GRAS ON FEBRUARY 22, 2020.

Rodrigo Amaya made a public comment. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to adopt a Proclamation recognizing the 9th Annual Mistick Krewe of Okeanos Mardi Gras on February 22, 2020. All present voted “Aye.” MOTION PASSED. 34839 ADOPT A PROCLAMATION RECOGNIZING FEBRUARY 22, 2020 AS

PRESIDENT GEORGE WASHINGTON DAY. Rodrigo Amaya made a public comment. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to adopt a Proclamation recognizing February 22, 2020 as President George Washington Day. All present voted “Aye.” MOTION PASSED. 34840 ADOPT A PROCLAMATION RECOGNIZING FEBRUARY 2020 AS

DATING VIOLENCE AWARENESS AND PREVENTION MONTH. Melissa Rodriguez, HCWC, commented. A motion was made by Commissioner Smith seconded by Commissioner Jones to adopt a Proclamation recognizing February 2020 as Dating Violence Awareness and Prevention Month. All present voted “Aye.” MOTION PASSED. 4 PRESENTATION REGARDING IMPLEMENTATION OF THE DRIPPING

SPRINGS TAX INCREMENT REINVESTMENT ZONE NO. 1 AND ZONE NO. 2 TOWN CENTER PROJECT.

No action was taken. 5 UPDATE ON PEDERNALES ELECTRIC COOPERATIVE, INC. (PEC) BY

CEO, JULIE PARSLEY. Commissioner Ingalsbe and Commissioner Jones praised the cooperative for their work. No action was taken.


***** ***** FEBRUARY 18, 2020

6 PRESENTATION BY TELEVON (PLENTEOUS CONSULTING SERVICES, LLC) OF AN OVERVIEW OF THEIR SERVICES, HOW IT RELATES TO HAYS COUNTY AND HOW THEIR SERVICES PERTAIN TO SAVING THE COUNTY TIME AND MONEY.

Rodrigo Amaya made a public comment. No action was taken. 34841 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 34842 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to approve payments of juror checks. All present voted “Aye.” MOTION PASSED. 34843 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED. 34844 APPROVE COMMISSIONERS COURT MINUTES OF FEBRUARY 4,

2020. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to approve Commissioners Court Minutes of February 4, 2020. All present voted “Aye.” MOTION PASSED. 34845 APPROVE AMENDED COMMISSIONERS COURT MINUTES OF

JANUARY 7, 2020. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to approve amended Commissioners Court Minutes of January 7, 2020. All present voted “Aye.” MOTION PASSED. 34846 APPROVE THE PAYMENT OF THE FEBRUARY 15, 2020 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,800,000.00 EFFECTIVE FEBRUARY 14, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

Rodrigo Amaya made a public comment. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve the payment of the February 15, 2020 payroll disbursements in an amount not to exceed $2,800,000.00 effective February 14, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED. 34847 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE FIRST

AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN HAYS COUNTY VETERAN SERVICE OFFICE AND AUSTIN VET CENTER #703.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to authorize the County Judge to execute the First Amendment to the Memorandum of Understanding (MOU) between Hays County Veteran Service Office and Austin Vet Center #703. All present voted “Aye.” MOTION PASSED. 34848 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THREE

SHORT-TERM RENTAL CABINS LOCATED AT 2701 FISCHER STORE ROAD, WIMBERLEY, TEXAS 78676.


***** ***** FEBRUARY 18, 2020

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for three short-term rental cabins located at 2701 Fischer Store Road, Wimberley, Texas 78676. All present voted “Aye.” MOTION PASSED. 34849 RATIFY THE SUBMISSION OF A GRANT APPLICATION TO TEXAS

COUNTS FOR GET-OUT-THE-COUNT EFFORTS IN THE AMOUNT OF $10,000.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to ratify the submission of a grant application to Texas Counts for Get-Out-The-Count Efforts in the amount of $10,000. All present voted “Aye.” MOTION PASSED. 34850 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A TWO-

BEDROOM RESIDENCE AND A PLUMBING WORKSHOP LOCATED AT 11919 FITZHUGH CORNERS, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for a two-bedroom residence and a plumbing workshop located at 11919 Fitzhugh Corners, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED. 34851 AUTHORIZE PAYMENT TO DATA RECOGNITION CORPORATION

(DRC) SHELF CUSTOMER SERVICE FOR THE JUVENILE PROBATION DEPARTMENT RELATED TO TESTS OF ADULT BASIC EDUCATION (TABE) IN THE AMOUNT OF $2,902 IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED BY COUNTY PURCHASING POLICY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize payment to Data Recognition Corporation (DRC) Shelf Customer Service for the Juvenile Probation Department related to Tests of Adult Basic Education (TABE) in the amount of $2,902 in which no purchase order was issued as required by County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34852 APPROVE OUT OF STATE TRAVEL FOR FOUR MEMBERS OF THE

HAYS COUNTY VETERANS COURT TEAM TO ATTEND THE NATIONAL ASSOCIATION OF DRUG COURT PROFESSIONALS (NADCP) ALL RISE 20 CONFERENCE IN ANAHEIM, CA MAY 27-30, 2020.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve out of state travel for four members of the Hays County Veterans Court team to attend the National Association of Drug Court Professionals (NADCP) All Rise 20 Conference in Anaheim, CA May 27-30, 2020. All present voted “Aye.” MOTION PASSED. 34853 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE

FITZHUGH BREW PUB LOCATED AT 15435 FITZHUGH ROAD, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for the Fitzhugh Brew Pub located at 15435 Fitzhugh Road, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED. 34854 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDERS

#1 (TIME EXTENSION ONLY) TO THE PROFESSIONAL SERVICES AGREEMENTS WITH COBB, FENDLEY & ASSOCIATES, INC. FOR UTILITY COORDINATION RELATED TO LOW WATER CROSSINGS IN PCT. 1 AND PCT. 2 AS AUTHORIZED PER THE 2016 ROAD BOND PROGRAM EXECUTED ON OR ABOUT JULY 16, 2019.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute Change Orders #1 (time extension only) to the Professional Services Agreements with Cobb, Fendley & Associates, Inc. for utility coordination related to Low Water


***** ***** FEBRUARY 18, 2020

Crossings in Pct. 1 and Pct. 2 as authorized per the 2016 Road Bond Program executed on or about July 16, 2019. All present voted “Aye.” MOTION PASSED. 34855 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER

#1 (TIME EXTENSION ONLY) TO A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND COBB, FENDLEY AND ASSOCIATES, INC. FOR UTILITY COORDINATION RELATED TO A LOW WATER CROSSING ON CHAPARRAL PARK ROAD AT LITTLE BEAR CREEK IN PCT. 2 AS PART OF THE 2016 ROAD BOND PROGRAM EXECUTED ON OR ABOUT JUNE 18, 2019.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute Change Order #1 (time extension only) to a Professional Services Agreement (PSA) between Hays County and Cobb, Fendley and Associates, Inc. for utility coordination related to a Low Water Crossing on Chaparral Park Road at Little Bear Creek in Pct. 2 as part of the 2016 Road Bond Program executed on or about June 18, 2019. All present voted “Aye.” MOTION PASSED. 34856 ACCEPT AND APPROVE THE 2019 RACIAL PROFILING REPORT

FROM HAYS COUNTY CONSTABLE OFFICE, PRECINCT 5. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to accept and approve the 2019 Racial Profiling Report from Hays County Constable Office, Precinct 5. All present voted “Aye.” MOTION PASSED. 34857 AMEND THE TRANSPORTATION DEPARTMENT'S BUDGET FOR

RECEIPT OF ROAD-BUILDING MATERIALS (APPROXIMATELY 470 TONS OF LIMESTONE ROCK ASPHALT, TYPE II, GRADE DS) VALUED AT $33,419.35 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION THROUGH THE 2020 TXDOT SURPLUS PROGRAM AND ADD SAME TO THE DEPARTMENT'S INVENTORY.

Rodrigo Amaya made a public comment. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to amend the Transportation Department's budget for receipt of road-building materials (approximately 470 tons of Limestone Rock Asphalt, Type II, Grade DS) valued at $33,419.35 from the Texas Department of Transportation through the 2020 TxDOT Surplus Program and add same to the department's inventory. All present voted “Aye.” MOTION PASSED. 34858 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE K-9

EQUIPMENT TOTALING $2,395 WITH SHERIFF DRUG FORFEITURE FUNDS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to purchase K-9 Equipment totaling $2,395 with Sheriff Drug Forfeiture Funds and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34859 ADOPT A RESOLUTION AND AUTHORIZE THE COUNTY JUDGE TO

SUBMIT A GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR THE HAYS COUNTY VOLUNTEER VETERANS AT SCHOOL PROGRAM NOT TO EXCEED THE AMOUNT OF $94,749.00.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to adopt a Resolution and authorize the County Judge to submit a grant application to the Office of the Governor, Criminal Justice Division for the Hays County Volunteer Veterans at School Program not to exceed the amount of $94,749.00. All present voted “Aye.” MOTION PASSED. 34860 ADOPT A RESOLUTION AND AUTHORIZE THE COUNTY JUDGE TO

SUBMIT A GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, GENERAL VICTIM ASSISTANCE PROGRAM FOR THE VICTIM ASSISTANCE FOR THE FAMILY JUSTICE CENTER.


***** ***** FEBRUARY 18, 2020

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to adopt a Resolution and authorize the County Judge to submit a grant application to the Office of the Governor, Criminal Justice Division, General Victim Assistance Program for the Victim Assistance for the Family Justice Center. All present voted “Aye.” MOTION PASSED. 34861 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE SHERIFF DRUG

FORFEITURE FUNDS TO PURCHASE A MOBILE APP TO BETTER SHARE PUBLIC SAFETY INFORMATION WITH THE CITIZENS OF HAYS COUNTY AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to utilize Sheriff Drug Forfeiture Funds to purchase a mobile app to better share public safety information with the citizens of Hays County and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34862 ACCEPT AND APPROVE THE 2019 RACIAL PROFILING REPORT

FROM HAYS COUNTY CONSTABLE OFFICE, PRECINCT 2. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to accept and approve the 2019 Racial Profiling Report from Hays County Constable Office, Precinct 2. All present voted “Aye.” MOTION PASSED. 34863 AUTHORIZE A WAIVER TO THE PURCHASING POLICY FOR THE

TRANSPORTATION DEPARTMENT TO UTILIZE ROADBOND SERVICE COMPANY FOR ROAD BASE STABILIZER MATERIALS AS NEEDED.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize a waiver to the purchasing policy for the Transportation Department to utilize Roadbond Service Company for road base stabilizer materials as needed. All present voted “Aye.” MOTION PASSED. 34864 APPROVE RENEWAL OF IFB 2017-B03 CEMETERY MAINTENANCE

FOR ONE ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve renewal of IFB 2017-B03 Cemetery Maintenance for one additional year as stated in the original bid. All present voted “Aye.” MOTION PASSED. 34865 ADOPT A RESOLUTION AND AUTHORIZE THE COUNTY JUDGE TO

SUBMIT A GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR THE HAYS COUNTY CRIME PREVENTION TECHNOLOGY IN THE AMOUNT OF $37,240.00.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to adopt a Resolution and authorize the County Judge to submit a grant application to the Office of the Governor, Criminal Justice Division for the Hays County Crime Prevention Technology in the amount of $37,240.00. All present voted “Aye.” MOTION PASSED. 34866 AUTHORIZE THE MAGISTRATION DIVISION TO PURCHASE

ADDITIONAL COMPUTER EQUIPMENT AND OFFICE FURNITURE AND AMEND THE BUDGET ACCORDINGLY.

Rodrigo Amaya made a public comment. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the Magistration Division to purchase additional computer equipment and office furniture and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.


***** ***** FEBRUARY 18, 2020

34867 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND VOLKERT, INC. TO PROVIDE CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES FOR THE SAWYER RANCH ROAD PEDESTRIAN, SCHOOL BUS AND SAFETY IMPROVEMENT PROJECT FROM MEADOW CREEK DRIVE TO BELTERRA DRIVE AS PART OF THE 2016 ROAD BOND PROGRAM.

A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Volkert, Inc. to provide Construction Engineering Inspection (CEI) services for the Sawyer Ranch Road pedestrian, school bus and safety improvement project from Meadow Creek Drive to Belterra Drive as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED. 34868 GRANT A VARIANCE FROM CHAPTER 721.5.05 OF THE HAYS

COUNTY DEVELOPMENT REGULATIONS FOR THE THREE STARS SUBDIVISION.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to grant a variance from Chapter 721.5.05 of the Hays County Development Regulations for the Three Stars Subdivision. All present voted “Aye.” MOTION PASSED. 34869 APPROVE A PRELIMINARY PLAN FOR SUB-1355, ANTHEM PHASE

1, REVISED PRELIMINARY PLAN (235 LOTS). A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve a preliminary plan for SUB-1355, Anthem Phase 1, Revised Preliminary Plan (235 Lots). All present voted “Aye.” MOTION PASSED. 34870 CALL FOR A PUBLIC HEARING ON MARCH 3, 2020 TO DISCUSS

FINAL PLAT APPROVAL OF THE REPLAT OF LOT 10, INDIAN HILLS SUBDIVISION; PLN-1401.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to call for a public hearing on March 3, 2020 to discuss final plat approval of the Replat of Lot 10, Indian Hills Subdivision; PLN-1401. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #37 RE: DISCUSSION AND POSSIBLE ACTION TO CONSIDER GRANTING A VARIANCE FROM CHAPTER 725.3.07 (B) OF THE HAYS COUNTY DEVELOPMENT REGULATIONS FOR THE AMENDED PLAT OF VALLEY VIEW WEST, LOTS 4-E AND 4-F. – WAS PULLED. 34871 APPOINT A HAYS COUNTY REPRESENTATIVE TO SERVE ON THE

CENTRAL TEXAS CLEAN AIR COALITION (CAC); A ONE YEAR TERM ENDING 12/31/20.

A motion was made by Judge Becerra seconded by Commissioner Jones to appoint a Hays County representative to serve on the Central Texas Clean Air Coalition (CAC); a one year term ending 12/31/20. All present voted “Aye.” MOTION PASSED. 34872 PROMOTE AND FUND HEALTH CHECK 2020 FOR HAYS COUNTY

EMPLOYEES, RETIREES ON OUR HEALTH PLAN, AND ELIGIBLE DEPENDENTS. AUTHORIZE PAYROLL DEDUCTION OF ADDITIONAL FEES FOR OPTIONAL SERVICES EMPLOYEES MAY ELECT.

Rodrigo Amaya made a public comment. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to promote and fund Health Check 2020 for Hays County employees, retirees on our health plan, and eligible dependents. Authorize payroll deduction of additional fees for optional services employees may elect. All present voted “Aye.” MOTION PASSED.


***** ***** FEBRUARY 18, 2020

34873 AUTHORIZE THE EXECUTION OF THE HAYS COUNTY COUNSEL AT FIRST APPEARANCE RCT PROJECT FROM THE TEXAS INDIGENT DEFENSE COMMISSION (TIDC) IN THE AMOUNT OF $136,500 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the execution of the Hays County Counsel at First Appearance RCT Project from the Texas Indigent Defense Commission (TIDC) in the amount of $136,500 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34874 AUTHORIZE THE DISTRICT ATTORNEY TO UTILIZE SALARY

SAVINGS TO RESTRUCTURE ATTORNEY POSITIONS WITHIN THE FELONY DIVISION EFFECTIVE MARCH 1, 2020.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the District Attorney to utilize salary savings to restructure Attorney positions within the Felony Division effective March 1, 2020. All present voted “Aye.” MOTION PASSED. 34875 AWARD RFQ 2020-Q04 WIMBERLEY VALLEY TRAIL EXTENSION

AND MULTI MODAL PROJECT TO LNV, INC. AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to award RFQ 2020-Q04 Wimberley Valley Trail Extension and Multi Modal Project to LNV, Inc. and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34876 AWARD RFP 2020-P05 BUILDER SERVICES TO THE FOLLOWING

THREE FIRMS, ON AN AS-NEEDED BASIS: RM QUALITY CONSTRUCTION LLC, JAMES W. TURNER CONSTRUCTION, LTD., AND BRIZO CONSTRUCTION LLC AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT WITH EACH FIRM.

A motion was made by Commissioner Jones seconded by Commissioner Smith to award RFP 2020-P05 Builder Services to the following three firms, on an as-needed basis: RM Quality Construction LLC, James W. Turner Construction, Ltd., and Brizo Construction LLC and authorize staff and General Counsel to negotiate a contract with each firm. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #44 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – WAS PULLED. 45 DISCUSSION RELATED TO THE HAYS COUNTY INMATE


Judge Becerra read the Sheriff’s update of the inmate population. No action taken. Clerk’s Note Agenda Item #46 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #47 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #48 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.


***** ***** FEBRUARY 18, 2020

ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 11:34 a.m.







***** ***** FEBRUARY 25, 2020


RUBEN BECERRA COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2

LON SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CÁRDENAS COUNTY CLERK

Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com. THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Jeff Latham gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Rodrigo Amaya, Hays County resident, gave public comments responding to Commissioner Smith’s comment at February 18th Commissioners’ Court that the Sheriff doesn’t make hiring decisions, the Commissioners’ Court does. He said the County has learned nothing from its experiences building Substation 4. He complained that it’s difficult to download agendas now. He commented on ACLU concerns about backlog of cases. Dan Lyon, Hays County resident, read from the Constitution sections about Jefferson’s belief that the nation should be frugal and be wary of debt. He said that expenditures on a lawsuit against Kinder Morgan are a waste of money since Commissioners’ Court has already stated it would be futile and the county isn’t the right level to challenge Kinder Morgan. He commented on other expenditures. Mike Lee, Attorney, commented on the discourse surrounding Cite and Release. 1 PRESENTATION OF HAYS COUNTY SERVICE AWARDS. 5 Years of service awards went to Gina K May, County Court at Law 2, Rebecca Culpepper, District Attorney's Office, Felicia Batiste, Juvenile Detention Center, Kara Oldham, Juvenile Probation, and Carie Woods, Sheriff's Office. 10 Years of service awards went to Tina Henry, Sheriff's Office. 15 Years of service awards went to Timothy Wayne Thompson, Juvenile Detention Center, Patricia Ramirez, Sheriff's Office, and Raul Moreno, Transportation. 20 Years of service awards went to Erica Hernandez, Sheriff's Office, and Jerry Borcherding, Transportation. Retiree Debra Zoerb, District Attorney Office, and Edna Chagolla, District Attorney Office, were recognized for their service to Hays County. No action was taken. 34877 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 34878 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve payments of Juror checks. All present voted “Aye.” MOTION PASSED. 34879 APPROVE COMMISSIONERS COURT MINUTES OF FEBRUARY 18,

2020. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve Commissioners Court Minutes of February 18, 2020. All present voted “Aye.” MOTION PASSED.


***** ***** FEBRUARY 25, 2020

34880 APPROVE THE PAYMENT OF THE FEBRUARY 29, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,900,000.00 EFFECTIVE FEBRUARY 28, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Jones seconded by Commissioner Smith to approve the payment of the February 29, 2020 payroll disbursements in an amount not to exceed $3,900,000.00 effective February 28, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED. 34881 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR THE BUZZ

RV PARK LOCATED AT 145 KAI VISTA DRIVE, KYLE, TEXAS 78640.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for the Buzz RV Park located at 145 Kai Vista Drive, Kyle, Texas 78640. All present voted “Aye.” MOTION PASSED. 34882 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 2 MOBILE

HOMES LOCATED AT 2600 MATHIAS LANE, KYLE, TEXAS 78640. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for 2 mobile homes located at 2600 Mathias Lane, Kyle, Texas 78640. All present voted “Aye.” MOTION PASSED. 34883 APPROVE UTILITY PERMITS. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve Utility Permits. All present voted “Aye.” MOTION PASSED. 34884 APPROVE AND ACCEPT THE 2019 RACIAL PROFILING REPORT

FOR THE HAYS COUNTY SHERIFF'S OFFICE. Commissioner Smith and Judge Becerra requested that future Racial Profiling Reports include maps showing concentrations of activity. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve and accept the 2019 Racial Profiling Report for the Hays County Sheriff's Office. All present voted “Aye.” MOTION PASSED. 34885 APPROVE A REPLACEMENT LEASE FOR THE SHERIFF'S OFFICE

THROUGH THE ENTERPRISE MASTER EQUITY LEASE AGREEMENT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve a replacement lease for the Sheriff's Office through the Enterprise Master Equity Lease Agreement. All present voted “Aye.” MOTION PASSED. 34886 AUTHORIZE THE DISTRICT COURT TO PURCHASE ONE

REPLACEMENT DELL LATTITUDE 5400 AND ONE REPLACEMENT OPTIPLEX 7070 COMPUTER VALUED AT $1,714.74 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the District Court to purchase one replacement Dell Lattitude 5400 and one replacement OptiPlex 7070 Computer valued at $1,714.74 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34887 AUTHORIZE PAYMENT TO WALDRIP INSURANCE AGENCY FOR

$1,750 FOR FIDELITY BOND RENEWALS FOR TWO COUNTY COURT AT LAW JUDGES IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.


***** ***** FEBRUARY 25, 2020

Commissioner Jones cautioned County Court at Law Judges and County Clerk to remember bonds in the next budget. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize payment to Waldrip Insurance Agency for $1,750 for Fidelity Bond Renewals for two County Court at Law Judges in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34888 AUTHORIZE PAYMENT TO WALDRIP INSURANCE AGENCY FOR

$875.00 FOR FIDELITY BOND RENEWAL FOR COUNTY CLERK IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize payment to Waldrip Insurance Agency for $875.00 for Fidelity Bond Renewal for County Clerk in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34889 AUTHORIZE PAYMENT TO STARS INFORMATION SOLUTIONS FOR

$695.00 FOR ANNUAL SOFTWARE AND HARDWARE SUPPORT FEE SCANPRO3000 MICROFILM SCANNER FOR THE HAYS COUNTY CLERK'S OFFICE IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize payment to Stars Information Solutions for $695.00 for annual software and hardware support fee scanpro3000 Microfilm scanner for the Hays County Clerk's office in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34890 ACCEPT AND APPROVE THE 2019 RACIAL PROFILING REPORT

FROM HAYS COUNTY CONSTABLE OFFICE, PRECINCT 1. A motion was made by Commissioner Smith seconded by Commissioner Shell to accept and approve the 2019 Racial Profiling Report from Hays County Constable Office, Precinct 1. All present voted “Aye.” MOTION PASSED. 34891 APPROVE THE SELECTION OF LAN, INC. TO PROVIDE

PRELIMINARY SCHEMATIC DESIGN SERVICES FOR THREE (3) LOW WATER CROSSINGS IN PRECINCT 3; AND AUTHORIZE STAFF AND COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Shell seconded by Commissioner Smith to approve the selection of LAN, Inc. to provide preliminary schematic design services for three (3) low water crossings in Precinct 3; and authorize staff and counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34892 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND FREESE AND NICHOLS, INC. TO PROVIDE SCHEMATIC, ENVIRONMENTAL DOCUMENTATION AND PLANS, SPECIFICATIONS & ESTIMATES (PS&E) SERVICES FOR THE JACOBS WELL ROAD CORRIDOR STUDY PROJECT FROM FM 2325 TO RM 12 AS PART OF THE 2016 ROAD BOND PROGRAM.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Freese and Nichols, Inc. to provide schematic, environmental documentation and Plans, Specifications & Estimates (PS&E) services for the Jacobs Well Road Corridor Study Project from FM 2325 to RM 12 as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED. 34893 CALL FOR A PUBLIC HEARING ON MARCH 10, 2020 TO

ESTABLISH A SPEED LIMIT OF 20 MPH IN SUNFIELD SUBD, PHASE 1, SECTIONS 1-2, AND A 35 MPH SPEED LIMIT ON SUNBRIGHT BLVD.


***** ***** FEBRUARY 25, 2020

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to call for a public hearing on March 10, 2020 to establish a speed limit of 20 MPH in Sunfield subd, Phase 1, Sections 1-2, and a 35 MPH speed limit on Sunbright Blvd. All present voted “Aye.” MOTION PASSED. 34894 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT

AMENDMENT NO. 1 TO A CONTRACT BETWEEN HAYS COUNTY AND AMERICAN STRUCTUREPOINT, INC., EXECUTED ON OR ABOUT OCTOBER 11, 2017, FOR THE RM 3237 SAFETY IMPROVEMENTS PROJECT FROM RM 12 TO RM 150 AS PART OF THE 2016 ROAD BOND PROGRAM.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the County Judge to execute a Contract Amendment No. 1 to a Contract between Hays County and American Structurepoint, Inc., executed on or about October 11, 2017, for the RM 3237 Safety Improvements project from RM 12 to RM 150 as part of the 2016 Road Bond Program. All present voted “Aye.” MOTION PASSED. 34895 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE SECOND

AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND LOCKWOOD, ANDREWS & NEWMAN, INC. EXECUTED ON OR ABOUT OCTOBER 31, 2017 FOR RIGHT OF WAY SERVICE FOR DACY LANE, PHASE II FROM AMBERWOOD LOOP TO HILLSIDE TERRACE, ROAD WIDENING AND REALIGNMENT PROJECT.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute the Second Amendment to a Professional Services Agreement (PSA) between Hays County and Lockwood, Andrews & Newman, Inc. executed on or about October 31, 2017 for Right of Way Service for Dacy Lane, Phase II from Amberwood Loop to Hillside Terrace, road widening and realignment project. All present voted “Aye.” MOTION PASSED. 34896 AWARD RFQ 2020-Q02 LIME KILN ROAD CE&I PROFESSIONAL

SERVICES TO BGE, INC. AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

Rodrigo Amaya, Hays County resident, made a public comment against this item. He questioned General Counsel’s ability to give good counsel on the purchase. A motion was made by Commissioner Smith seconded by Commissioner Shell to award RFQ 2020-Q02 Lime Kiln Road CE&I Professional Services to BGE, Inc. and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34897 GRANT A VARIANCE FROM CHAPTER 725.3.07 (B) OF THE HAYS

COUNTY DEVELOPMENT REGULATIONS FOR THE AMENDED PLAT OF VALLEY VIEW WEST, LOTS 4-E AND 4-F.

Colby Machacek, Development Services, provided background for this agenda item. A motion was made by Commissioner Smith seconded by Commissioner Shell to grant a variance from Chapter 725.3.07 (B) of the Hays County Development Regulations for the Amended Plat of Valley View West, Lots 4-E and 4-F. All present voted “Aye.” MOTION PASSED. 23 CONSIDER THE PROPOSED ASSESSMENTS TO BE LEVIED

AGAINST ASSESSABLE PROPERTY WITHIN NEIGHBORHOOD IMPROVEMENT AREA #2 OF THE LA CIMA PUBLIC IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE.

Judge Becerra opened the Public Hearing at 9:40 a.m. Rodrigo Amaya spoke during the Public hearing, he objected to investment in project that won’t benefit county residents. Judge Becerra closed the Public hearing at 9:41a.m. No action was taken.


***** ***** FEBRUARY 25, 2020

34898 ADOPT AN ORDER OF THE COMMISSIONERS COURT OF HAYS COUNTY, TEXAS ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN AND NEIGHBORHOOD IMPROVEMENT AREA #2 ASSESSMENT ROLL FOR LA CIMA PUBLIC IMPROVEMENT DISTRICT; MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY IN NEIGHBORHOOD IMPROVEMENT AREA #2 OF THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE NEIGHBORHOOD IMPROVEMENT AREA #2 ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED, PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

Julie Houston, Bond counsel, commented in an extended discussion about PIDs, MUDs and annexation of areas by City of San Marcos. A motion was made by Commissioner Shell seconded by Commissioner Jones to adopt an Order of the Commissioners Court of Hays County, Texas Accepting and Approving a Service and Assessment Plan and Neighborhood Improvement Area #2 Assessment Roll for La Cima Public Improvement District; Making a Finding of Special Benefit to the Property in Neighborhood Improvement Area #2 of the District; Levying Special Assessments Against Property within the District and establishing a Lien on such Property; Providing for the Method of Assessment and the Payment of the Neighborhood Improvement Area #2 Assessments in Accordance with Chapter 372, Texas Local Government Code, as amended, Providing Penalties and Interest on Delinquent Assessments, Providing for Severability, and Providing an Effective Date. All present voted “Aye.” MOTION PASSED. 34899 ADOPT A RESOLUTION OF THE COMMISSIONERS COURT OF HAYS

COUNTY, TEXAS APPROVING AND AUTHORIZING THE COUNTY JUDGE TO EXECUTE A LA CIMA PUBLIC IMPROVEMENT DISTRICT, NEIGHBORHOOD IMPROVEMENT AREA #2 LANDOWNER AGREEMENT BY AND BETWEEN HAYS COUNTY, TEXAS, AND LCSM PH.2, LLC.

A motion was made by Commissioner Shell seconded by Commissioner Jones to adopt a Resolution of the Commissioners Court of Hays County, Texas approving and authorizing the County Judge to execute a La Cima Public Improvement District, Neighborhood Improvement Area #2 Landowner Agreement by and between Hays County, Texas, and LCSM Ph.2, LLC. All present voted “Aye.” MOTION PASSED. 34900 AWARD RFQ 2020-Q05 CONSERVATION SUBDIVISION RESEARCH

AND DEVELOPMENT PROJECT TO GAP STRATEGIES - DANDY PLANNING, LLC, AND AUTHORIZE STAFF AND GENERAL COUNSEL TO NEGOTIATE A CONTRACT.

A motion was made by Commissioner Shell seconded by Commissioner Jones to award RFQ 2020-Q05 Conservation Subdivision Research and Development Project to Gap Strategies - Dandy Planning, LLC, and authorize staff and General Counsel to negotiate a contract. All present voted “Aye.” MOTION PASSED. 34901 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A MAINTENANCE

CONTRACT BETWEEN HAYS COUNTY AND AMERICAN AEROBIC MANAGEMENT SYSTEMS (AAMS) IN THE AMOUNT OF $2,985 FOR THE ANNUAL MAINTENANCE AND INSPECTIONS OF ALL HAYS COUNTY SEPTIC SYSTEMS.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a Maintenance Contract between Hays County and American Aerobic Management Systems (AAMS) in the amount of $2,985 for the annual maintenance and inspections of all Hays County septic systems. All present voted “Aye.” MOTION PASSED.


***** ***** FEBRUARY 25, 2020

34902 EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE HAYS COUNTY VETERAN'S SERVICE OFFICE AND SAMARITAN CENTER COUNSELING RELATED TO COUNSELING SERVICES TO INDIVIDUAL VETERANS AND/OR THEIR FAMILY MEMBERS AT NO COST TO THE COUNTY.

Jude Prather described the counseling program and introduced Texas State University intern Cheryl Robinson. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to execute a Memorandum of Understanding between the Hays County Veteran's Service Office and Samaritan Center Counseling related to counseling services to individual veterans and/or their family members at no cost to the County. All present voted “Aye.” MOTION PASSED. 34903 AWARD RFQ 2020-Q03 ON-CALL CE&I PROFESSIONAL SERVICES

TO PLACE THE FOLLOWING FIRMS INTO A POOL FOR SERVICES ON AN AS-NEEDED BASIS: BGE, INC., PAPE-DAWSON CONSULTING ENGINEERS, AND HDR ENGINEERING, INC.

Rodrigo Amaya, Hays County resident, made public comments against the item questioning terminology “as needed” and characterized it as part of a “reckless spending pattern.” Dan Lyon, Hays County residents, observed that items that appear on the Commissioners Court agenda are a “foregone conclusion” that they will always be approved, so issues need to be dealt with beforehand. A motion was made by Commissioner Smith seconded by Commissioner Jones to award RFQ 2020-Q03 On-Call CE&I Professional Services to place the following firms into a pool for services on an as-needed basis: BGE, Inc., Pape-Dawson Consulting Engineers, and HDR Engineering, Inc. All present voted “Aye.” MOTION PASSED. 34904 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT

TO PROVIDE JOINT FUNDING FOR THE PROVISION OF YOUTH SERVICES, BETWEEN HAYS COUNTY, TEXAS STATE UNIVERSITY, SAN MARCOS CISD, AND THE CITY OF SAN MARCOS, RELATED TO THE JOINT FUNDING OF A YOUTH SERVICES DIRECTOR FOR THE EDUCATION OF LOCAL YOUTH.

Dan Lyon, Hays County resident, made a public comment, objected to various expenditures. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute an Agreement to Provide Joint Funding for the Provision of Youth Services, between Hays County, Texas State University, San Marcos CISD, and the City of San Marcos, related to the joint funding of a youth services director for the education of local youth. All present voted “Aye.” MOTION PASSED. 34905 APPOINT MEMBERS TO THE PARKS AND OPEN SPACE ADVISORY

COMMISSION (POSAC). A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to appoint members to the Parks and Open Space Advisory Commission (POSAC) Commissioner Ingalsbe named Blanca Loya and Coraline Gonzales. Commissioner Smith named Casey Mock and Scott Tomhay. Commissioner Jones named Jim Camp and Katherine Nichols. Commissioner Shell named Scott Way and Laura DuPont. Judge Becerra named Laurie Olson and Lisa Prewitt. All present voted “Aye.” MOTION PASSED. 34906 RENEGOTIATE THE COLLECTIVE BARGAINING AGREEMENT

BETWEEN HAYS COUNTY AND HAYS COUNTY LAW ENFORCEMENT ASSOCIATION, INCLUDING BUT NOT LIMITED TO SELECTION OF THE BARGAINING TEAM FOR HAYS COUNTY.

Discussion about composition of County Collective Bargaining negotiations team. Mark Kennedy, General Counsel, Jordan Powell, General Counsel, Commissioner Ingalsbe, and Commissioner Shell were nominated to the bargaining team. A motion was made by Commissioner Jones seconded by Commissioner Shell to renegotiate the Collective Bargaining Agreement between Hays County and Hays County Law Enforcement Association, including but not limited to selection of the bargaining team for Hays County. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED.


***** ***** FEBRUARY 25, 2020

33 UTILIZE COUNTY FUNDS AND/OR COUNTY GRANT CONTRIBUTIONS FOR MATERIALS OR ITEMS WITH A SEAL OR LOGO OTHER THAN THE OFFICIAL HAYS COUNTY SEAL; AND TO AUTHORIZE PAYMENT TO CARD SERVICE CENTER FOR $278 FOR FEDEX OFFICE PRINTED MATERIALS RELATED TO THE 2020 CENSUS OUTREACH PROGRAM.

The Court had extended discussion about the use of individual office seals versus the use of County seals. This item will be brought back to Court once the wording is worked out for a motion. No action was taken. 34907 MODIFY THE INVOICE APPROVAL PROCESS FOR CERTAIN

EXPENDITURES WITHIN THE COUNTY WIDE DEPARTMENT AND AMEND THE BUDGET ACCORDINGLY.

Marisol Villarreal-Alonzo, Auditor, explained the reorganization of accounts to come into compliance with GAAP, since some miscellaneous expenditures have become material as the County has grown. A motion was made by Commissioner Ingalsbe seconded by Commissioner Smith to modify the invoice approval process for certain expenditures within the County Wide Department and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34908 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.074 OF THE TEXAS GOVERNMENT CODE CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY SHERIFF'S OFFICE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Jones seconded by Commissioner Smith to move to create new positions and modify hire dates within the Sheriff’s Office as presented: Four (4) New Corrections Officers effective hire date 5/1/2020, Four (4) New Corrections Officers effective hire date 6/1/2020, Two (2) New Corrections Specialist effective hire date 5/1/2020, Two (2) New Corrections Specialist effective hire date 7/1/2020, Move (2) Records Manager Officer positions hire date from 6/1/2020 to 3/1/2020. The FY20 financial impact ($276,507) for proposed changes are funded through salary savings within the Sheriff’s Office Operating budget due to attrition. All present voted “Aye.” MOTION PASSED. 36 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND

551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING EMPLOYMENT AND DUTIES OF EACH INDIVIDUAL POSITION WITHIN THE OFFICE OF GENERAL COUNSEL. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.




551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, LEASE, EXCHANGE, OR VALUE OF REAL PROPERTY LOCATED ON OR NEAR THE SAN MARCOS RIVER IN PRECINCT 1. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize counsel to retain surveying services related to the properties currently optioned by Hays County on River Road and Capes Road respectively in Precinct 1. All present voted “Aye.” MOTION PASSED.


***** ***** FEBRUARY 25, 2020

39 EXECUTIVE SESSION PURSUANT TO 551.071 AND 551.072 OR THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE AND/OR VALUE OF REAL PROPERTY QUALIFIABLE UNDER THE HAYS COUNTY REGIONAL HABITAT CONSERVATION PLAN. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

No action was taken. 40 DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN

AND/OR DISASTER DECLARATION. Burn ban is off. No action was taken. 41 DISCUSSION RELATED TO THE HAYS COUNTY INMATE


Judge Becerra read the Sheriff’s update of the inmate population. The average number of inmates was 545, with a high of 556 during the week of February 16 through February 22. Housed were 202 men and 11 females. The estimated cost of outsourcing is $83,375. Inmates were housed in 7 other counties. No action taken. Clerk’s Note Agenda Item #42 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #43 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #44 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 2:49 p.m.







***** ***** MARCH 3, 2020

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 3RD DAY OF MARCH A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

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

LON SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CÁRDENAS COUNTY CLERK

Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com. WITH JUDGE BECERRA BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Reverend Javier Maldonado, 7th Day Adventist Church, gave the invocation. Commissioner Ingalsbe led the court in the Pledge of Allegiance to the United States and Texas flags. Commissioner Ingalsbe called the meeting to order. PUBLIC COMMENTS Dan Lyon, Hays County resident, gave public comments. He read from the 1st Amendment of Constitution when commenting on rules of decorum in the Court and objected to miscellaneous disbursements. Rodrigo Amaya, Hays County resident, gave a public comment, he quoted from Jeremiah 18:15, and related it to oaths of office and financial stewardship. 1 PRESENTATION REGARDING THE EMERALD CROWN TRAIL. Dan Lyon, Hays County resident, made a public comment endorsing the plan, and recommending it be funded through private donations. Mr. Sherwood Bishop, Board President of the San Marcos Greenbelt Alliance, gave a power point presentation to the Court. No action was taken. 34910 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Shell seconded by Commissioner Smith to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 34911 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Shell seconded by Commissioner Smith to approve payments of Juror checks. All present voted “Aye.” MOTION PASSED. 34912 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Shell seconded by Commissioner Smith to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED. 34913 APPROVE COMMISSIONERS COURT MINUTES OF FEBRUARY 25,

2020. A motion was made by Commissioner Shell seconded by Commissioner Smith to approve Commissioners Court Minutes of February 25, 2020. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 3, 2020

34914 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A DUPLEX LOCATED AT 207 OAKWOOD LOOP, SAN MARCOS, TEXAS 78666.

A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize On-Site Sewage Facility Permit for a duplex located at 207 Oakwood Loop, San Marcos, Texas 78666. All present voted “Aye.” MOTION PASSED. 34915 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A RENEWAL

AGREEMENT BETWEEN HAYS COUNTY AND JOHNSON CONTROLS IN THE AMOUNT OF $3,496.

A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize the County Judge to execute a renewal agreement between Hays County and Johnson Controls in the amount of $3,496. All present voted “Aye.” MOTION PASSED. 34916 ACCEPT A PROPOSAL FROM WATER & EARTH TECHNOLOGIES

(WET) RELATED TO THE FLOOD WARNING SYSTEM EXPANSION PROJECT AS BUDGETED, ADDITIONAL SITE REPAIRS FOR OLD BASTROP HIGHWAY AND LIME KILN ROAD AND AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CH. 262.024(A)(7)(D).

Rodrigo Amaya, Hays County resident, made a public comment. He asked who is responsible for signs at low water crossing behind the jail. He recommended better monitoring of signs, which have been left out too long. A motion was made by Commissioner Smith seconded by Commissioner Jones to accept a Proposal from Water & Earth Technologies (WET) related to the Flood Warning System Expansion Project as budgeted, additional Site Repairs for Old Bastrop Highway and Lime Kiln Road and authorize a discretionary exemption pursuant to Texas Local Government Code, Ch. 262.024(a)(7)(D). All present voted “Aye.” MOTION PASSED. 34917 AUTHORIZE THE EXECUTION OF THE 5TH AMENDMENT TO THE

EXISTING LEASE BETWEEN HAYS COUNTY AND THE CITY OF SAN MARCOS FOR THE WOMEN, INFANTS AND CHILDREN ("WIC") PROGRAM OFFICE LOCATED AT 150 LOCKHART STREET IN KYLE.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the execution of the 5th Amendment to the existing lease between Hays County and the City of San Marcos for the Women, Infants and Children ("WIC") Program office located at 150 Lockhart Street in Kyle. All present voted “Aye.” MOTION PASSED. 34918 AUTHORIZE THE EXECUTION OF THE FIRST AMENDMENT TO A

CHAPTER 381 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN HAYS COUNTY AND KATERRA CONSTRUCTION LLC EXECUTED ON OR ABOUT OCTOBER 24, 2019.

Rodrigo Amaya, Hays County resident, made a public comment that the scope of changes to schedule, and number of jobs created, constitute a renegotiation, rather than an amendment. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the execution of the First Amendment to a Chapter 381 Economic Development Incentive Agreement between Hays County and Katerra Construction LLC executed on or about October 24, 2019. All present voted “Aye.” MOTION PASSED. 34919 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A SELF-

STORAGE FACILITY AND APARTMENT LOCATED AT 9900 DARDEN HILL ROAD, AUSTIN, TEXAS 78737.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for a self-storage facility and apartment located at 9900 Darden Hill Road, Austin, Texas 78737. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 3, 2020

34920 AUTHORIZE THE EXECUTION OF CHANGE ORDER NO. 2 WITH MONTOYA ANDERSON CONSTRUCTION, INC. (MAC) FOR $58,623.88 RELATED TO A WATERLINE EXTENSION FUNDED BY THE HAYS CISD ON THE OLD SAN ANTONIO ROAD IMPROVEMENTS FOR PROJECT CLOSEOUT.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the execution of Change Order No. 2 with Montoya Anderson Construction, Inc. (MAC) for $58,623.88 related to a waterline extension funded by the Hays CISD on the Old San Antonio Road improvements for project closeout. All present voted “Aye.” MOTION PASSED. 34921 APPROVE SPECIFICATIONS FOR IFB 2020-B05 US 290 @

TRAUTWEIN ROAD - TEMPORARY SIGNAL AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE.

Commissioner Smith and Mark Kennedy, General Counsel, noted that the back-up mistakenly mentioned concrete. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve specifications for IFB 2020-B05 US 290 @ Trautwein Road - Temporary Signal and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED. 34922 APPROVE OUT OF STATE TRAVEL UTILIZING THE SHERIFF'S

OFFICE CONTINUING EDUCATION FUNDS FOR CRIME SCENE SPECIALIST MELODY JARAMIO TO ATTEND THE ADVANCED FORENSIC TECHNIQUES IN CRIME SCENE INVESTIGATIONS II COURSE IN GLYNCO, GEORGIA ON MARCH 16-27, 2020.

A motion was made by Commissioner Jones seconded by Commissioner Smith to approve out of state travel utilizing the Sheriff's Office Continuing Education Funds for Crime Scene Specialist Melody Jaramio to attend the Advanced Forensic Techniques in Crime Scene Investigations II Course in Glynco, Georgia on March 16-27, 2020. All present voted “Aye.” MOTION PASSED. 34923 AUTHORIZE PAYMENT TO RICOH USA, INC. FOR $774.54 FOR THE

SHERIFF'S OFFICE RELATED TO COPIER REPAIRS WHERE NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER THE COUNTY PURCHASING POLICY.

Rodrigo Amaya, Hays County resident, expressed concern about purchases where no purchase order was issued and encouraged Commissioners to question such requests. A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize payment to Ricoh USA, Inc. for $774.54 for the Sheriff's Office related to copier repairs where no purchase order was issued as required per the County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34924 APPROVE AND ACCEPT THE 2019 RACIAL PROFILING REPORT

FOR THE HAYS COUNTY CONSTABLE OFFICE, PRECINCT 3. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve and accept the 2019 Racial Profiling Report for the Hays County Constable Office, Precinct 3. All present voted “Aye.” MOTION PASSED. 34925 AUTHORIZE THE EXECUTION OF PROPOSALS FROM BECKWITH

ELECTRONIC SYSTEMS, LLC FOR THE AV VIDEO/AUDIO UPGRADE & ANNOTATION EQUIPMENT FOR DISTRICT COURTROOM #5 AS BUDGETED AND ALLOW AN EXEMPTION FROM THE BIDDING PROCESS PURSUANT TO TEXAS LOCAL GOVERNMENT CODE 262.024A (7) (D).

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the execution of Proposals from Beckwith Electronic Systems, LLC for the AV video/audio upgrade & Annotation Equipment for District Courtroom #5 as budgeted and allow an exemption from the bidding process pursuant to Texas Local Government Code 262.024A (7) (D). All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 3, 2020

34926 AMEND VARIOUS DEPARTMENTAL OPERATING, SPECIAL REVENUE AND CAPITAL PROJECT BUDGETS IN PREPARATION FOR FISCAL YEAR 2020 1ST QUARTER FINANCIAL REPORTING.

A motion was made by Commissioner Jones seconded by Commissioner Smith to amend various departmental operating, special revenue and capital project budgets in preparation for Fiscal Year 2020 1st Quarter financial reporting. All present voted “Aye.” MOTION PASSED. 34927 AUTHORIZE PAYMENT TO KONE INC. FOR $790.14 FOR THE

BUILDING MAINTENANCE DEPARTMENT RELATED TO ELEVATOR REPAIRS LOCATED AT THE GOVERNMENT CENTER IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize payment to KONE Inc. for $790.14 for the Building Maintenance Department related to elevator repairs located at the Government Center in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34928 AUTHORIZE THE EXECUTION OF THE REVISED FY 2020 TEXAS

INDIGENT DEFENSE COMMISSION (TIDC) INDIGENT DEFENSE COORDINATOR (IDC) STATEMENT OF GRANT AWARD.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the execution of the Revised FY 2020 Texas Indigent Defense Commission (TIDC) Indigent Defense Coordinator (IDC) Statement of Grant Award. All present voted “Aye.” MOTION PASSED. 34929 AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH WEST

THOMSON REUTERS FOR ONLINE LEGAL RESEARCH SERVICES AS BUDGETED FOR THE LAW LIBRARY.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize an amendment to the contract with West Thomson Reuters for online legal research services as budgeted for the Law Library. All present voted “Aye.” MOTION PASSED. 34930 APPROVE SPECIFICATIONS FOR RFP 2020-P07 BANK

DEPOSITORY AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Jones seconded by Commissioner Shell to approve specifications for RFP 2020-P07 Bank Depository and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED. 34931 AUTHORIZE THE PURCHASE OF CONSUMABLE AND

RECREATIONAL ITEMS FOR THE 2020 CENSUS OUTREACH PROGRAM UTILIZING THE UNITED WAY GRANT CONTRIBUTION AND AMEND THE BUDGET ACCORDINGLY.

Marisol Villarreal-Alonzo, Auditor, asked for clarification on the types of consumables and other materials. Anita Collins, County Judge’s Executive Assistant, said the consumables would include food such as hot dogs, depending on the event, and that other materials would be art supplies for activities for children, bracelets saying “I count,” posters or other materials for Dripping Springs Founder’s Day Parade, including a possible float with a sign saying “It’s not too late.” Commissioner Jones requested that Census Coordinator meet with Commissioners to discuss the plans. Anita Collins pointed out the Coordinator only works 20 hours a week, but plans to visit the Precinct offices. Tammy Crumley, County Wide Operations, said the plan was for the Coordinator to meet with the Commissioners on Tuesdays following Commissioners Court, starting March 9th. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the purchase of consumable and recreational items for the 2020 Census Outreach Program utilizing the United Way grant contribution and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 3, 2020

34932 AUTHORIZE THE PURCHASE OF TEN (10) TABLETS AND PRINTED MATERIALS FOR THE 2020 CENSUS OUTREACH PROGRAM UTILIZING COUNTY FUNDS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the purchase of ten (10) tablets and printed materials for the 2020 Census Outreach Program utilizing County Funds and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34933 AUTHORIZE THE EXECUTION OF A LETTER AMENDMENT TO THE

INTERLOCAL FUNDING AGREEMENT BETWEEN HAYS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT (HCISD) AND HAYS COUNTY RELATED TO THE CONSTRUCTION OF TURN LANES ON HCISD PROJECTS IN PRECINCT 2 ORIGINALLY EXECUTED ON OR ABOUT JANUARY 23, 2018.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the execution of a Letter Amendment to the Interlocal Funding Agreement between Hays Consolidated Independent School District (HCISD) and Hays County related to the construction of turn lanes on HCISD projects in Precinct 2 originally executed on or about January 23, 2018. All present voted “Aye.” MOTION PASSED. 34934 AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICES

AGREEMENT (PSA) BETWEEN HAYS COUNTY AND COSTELLO, INC. TO PROVIDE SCHEMATIC DESIGN, ENVIRONMENTAL DOCUMENTATION, PLANS, SPECIFICATIONS & ESTIMATES (PS&E) AND CONSTRUCTION PHASE INSPECTION SERVICES FOR PROPOSED CULVERT IMPROVEMENTS LOCATED 500 LF SOUTH OF MEADOW WOODS DRIVE ON FM 2770 IN KYLE, TX.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the execution of a Professional Services Agreement (PSA) between Hays County and Costello, Inc. to provide schematic design, environmental documentation, Plans, Specifications & Estimates (PS&E) and construction phase inspection services for proposed culvert improvements located 500 LF south of Meadow Woods Drive on FM 2770 in Kyle, TX. All present voted “Aye.” MOTION PASSED. 34935 ACCEPT ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS,

ACCEPT THE 2-YEAR MAINTENANCE BOND #107170496 IN THE AMOUNT OF $86,517.66, AND ACCEPT THE 1-YEAR REVEGETATION BOND #107170497 IN THE AMOUNT OF $4,211.20 FOR 6 CREEKS SUBD., PHASE 1, SECTION 3.

A motion was made by Commissioner Jones seconded by Commissioner Smith to accept road construction & drainage improvements, accept the 2-year maintenance bond #107170496 in the amount of $86,517.66, and accept the 1-year revegetation bond #107170497 in the amount of $4,211.20 for 6 Creeks Subd., Phase 1, Section 3. All present voted “Aye.” MOTION PASSED. 28 CONSIDER A VARIANCE FROM SECTION 721.5.07 (C) OF THE

HAYS COUNTY DEVELOPMENT REGULATIONS AND APPROVAL OF FINAL PLAT; HOLD PUBLIC HEARING FOR REPLAT OF LOT 10, INDIAN HILLS RANCH SUBDIVISION, PLN-1401.

Commissioner Ingalsbe opened the public hearing at 9:55 a.m. No comments were made. Commissioner Ingalsbe closed the public hearing at 9:55 a.m. Commissioner Jones noted insufficient notification to the public. The Court will announce March 9th for a public hearing scheduled to be held March 24th. No action was taken. 34936 AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICES

AGREEMENT (PSA) BETWEEN HAYS COUNTY AND VISTA PLANNING & DESIGN RELATED TO A PROPOSAL FOR A MASTER PLAN FOR EL RANCHO CIMA.


***** ***** MARCH 3, 2020

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the execution of a Professional Services Agreement (PSA) between Hays County and Vista Planning & Design related to a proposal for a Master Plan for El Rancho Cima. All present voted “Aye.” MOTION PASSED. 34937 APPROVE A RESOLUTION IN SUPPORT OF THE EMERALD CROWN

TRAIL. A motion was made by Commissioner Shell seconded by Commissioner Jones to approve a resolution in support of the Emerald Crown Trail. All present voted “Aye.” MOTION PASSED. 34938 AUTHORIZE THE EXECUTION OF AN AMENDMENT NO. 5 WITH

WELLPATH, LLC TO EXTEND THE CONTRACT TERM AND ADD EMT SERVICES RELATED TO THE HEALTHCARE PROGRAM AT THE JAIL DIVISION; AUTHORIZE A DISCRETIONARY EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CH. 262.024(A)(4) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Smith to authorize the execution of an Amendment No. 5 with Wellpath, LLC to extend the contract term and add EMT services related to the healthcare program at the Jail Division; authorize a discretionary exemption pursuant to Texas Local Government Code, Ch. 262.024(a)(4) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34939 APPROVE THE CHARTER FOR THE HAYS COUNTY PARKS & OPEN

SPACE ADVISORY COMMISSION (POSAC); AND TO PROVIDE OTHER DIRECTION TO THE COMMISSION.

Karen Ford, Hays County Parks & Open Space Advisory Commission member, said the first meeting will be held Saturday from Noon – 4 pm. Nine out of ten of the appointees will be able to attend. The Commission will draft bylaws that will be discussed. The meeting will be held at the Government Center or Precinct 2 office. A motion was made by Commissioner Shell seconded by Commissioner Jones to approve the Charter for the Hays County Parks & Open Space Advisory Commission (POSAC); and to provide other direction to the Commission. All present voted “Aye.” MOTION PASSED. 34940 AUTHORIZE THE SUBMITTAL OF A PROJECT INFORMATION FORM

(PIF) TO THE TEXAS WATER DEVELOPMENT BOARD TO ALLOW FOR THE FUTURE CONSIDERATION OF A FORMAL APPLICATION FOR AN AMOUNT OF UP TO $30 MILLION THROUGH THE CLEAN WATER STATE REVOLVING FUND (CWSRF) PROGRAM TO FACILITATE THE ACQUISITION OF WATER QUALITY PROTECTION LANDS.

Commissioner Shell said submission of this form will put Hays County’s name on the list, so that it will be in a position to capitalize on various benefits in the future should the Commissioners Court decide to pursue them. Potential benefits include debt forgiveness up to $1 million. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the submittal of a Project Information Form (PIF) to the Texas Water Development Board to allow for the future consideration of a formal application for an amount of up to $30 Million through the Clean Water State Revolving Fund (CWSRF) Program to facilitate the acquisition of Water Quality Protection Lands. All present voted “Aye.” MOTION PASSED. 34941 EXECUTE A $56,186.75 PROPOSAL WITH KOFILE TECHNOLOGIES

RELATED TO THE PRESERVATION OF MICROFILM AS BUDGETED. A motion was made by Commissioner Jones seconded by Commissioner Shell to execute a $56,186.75 Proposal with Kofile Technologies related to the preservation of microfilm as budgeted. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 3, 2020

34942 EXECUTE A $249,991.32 PROPOSAL WITH KOFILE TECHNOLOGIES RELATED TO THE PRESERVATION OF PROBATE CASE FILES AS BUDGETED.

A motion was made by Commissioner Jones seconded by Commissioner Shell to execute a $249,991.32 Proposal with Kofile Technologies related to the preservation of probate case files as budgeted. All present voted “Aye.” MOTION PASSED. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.087 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS ASSOCIATED WITH PROJECT THREAD AND PROJECT DAVIS. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. No action was taken. EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING LA CIMA PUBLIC IMPROVEMENT DISTRICT. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. No action was taken. DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. Commissioner Ingalsbe noted the burn ban was still lifted. No action taken. DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. Commissioner Ingalsbe read the Sheriff’s update of the inmate population. No action taken. Clerk’s Note Agenda Item #40 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #41 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #42 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. ADJOURNMENT A motion was made by Ingalsbe, seconded by Commissioner Jones to adjourn court at 11:02 a.m.



proceedings had by the Hays County Commissioners’ Court on March 3, 2020.




***** ***** MARCH 10, 2020

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 10th DAY OF MARCH A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com. THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Reverend Esperanza Baltazar-Ramirez, United Methodist Church, San Marcos, TX, gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Jennifer Anderson, Hays County Elections Administrator, gave a public comment regarding recent Primary election. Rodrigo Amaya, Hays County resident, gave a public comment regarding accountability. Dan Lyon, Hays County resident, gave a public comment regarding Coronavirus, debt, and disbursements. 34943 APPROVE PAYMENTS OF COUNTY INVOICES. Marisol Villarreal-Alonzo, Auditor, added an invoice for W.E. Jupe for $1,050.00 for delivery of mobile shelters previously approved in Commissioners Court. A motion was made by Commissioner Jones seconded by Commissioner Smith to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 34944 APPROVE PAYMENTS OF JUROR CHECKS. A motion was made by Commissioner Shell seconded by Commissioner Jones to approve payments of Juror checks. All present voted “Aye.” MOTION PASSED. 34945 APPROVE THE PAYMENT OF THE MARCH 15, 2020 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,900,000.00 EFFECTIVE MARCH 13, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Shell seconded by Commissioner Jones to approve the payment of the March 15, 2020 payroll disbursements in an amount not to exceed $2,900,000.00 effective March 13, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED. 34946 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A FIVE-

BEDROOM BED & BREAKFAST AND 4 SHORT TERM RENTAL CASITAS LOCATED AT 398 B PEABODY PLACE DRIVE, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for a five-bedroom bed & breakfast and 4 short term rental casitas located at 398 B Peabody Place Drive, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 10, 2020

34947 AUTHORIZE BUILDING MAINTENANCE TO INSTALL A NEW DOOR IN THE LOCAL HEALTH DEPARTMENT TB AREA IN THE AMOUNT OF $4,513 IN ORDER TO MEET REGULATIONS REGARDING MINIMUM VENTILATION REQUIREMENTS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize Building Maintenance to install a new door in the Local Health Department TB area in the amount of $4,513 in order to meet regulations regarding minimum ventilation requirements and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34948 APPROVE THE APPOINTMENT OF JOHN WHITE TO THE BOARD OF

COMMISSIONERS FOR HAYS COUNTY EMERGENCY SERVICES DISTRICT #4 FOR A TERM ENDING DECEMBER 31, 2020 TO FILL THE VACANCY CREATED BY THE RESIGNATION OF KEN DOWNING.

A motion was made by Commissioner Smith seconded by Commissioner Shell to approve the appointment of John White to the Board of Commissioners for Hays County Emergency Services District #4 for a term ending December 31, 2020 to fill the vacancy created by the resignation of Ken Downing. All present voted “Aye.” MOTION PASSED. 34949 ACCEPT THE DELIVERY OF THE COMMUNITY SUPERVISION AND

CORRECTIONS DEPARTMENT'S (CSCD) FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING ON AUGUST 31, 2019 FOR FILING WITH THE HAYS COUNTY COMMISSIONERS COURT PURSUANT TO LOCAL GOVERNMENT CODE, SECTION 140.004(D) AND THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE-COMMUNITY JUSTICE ASSISTANCE DIVISIONS FINANCIAL MANAGEMENT MANUAL.

A motion was made by Commissioner Smith seconded by Commissioner Shell to accept the delivery of the Community Supervision and Corrections Department's (CSCD) Financial Statements for the Fiscal Year ending on August 31, 2019 for filing with the Hays County Commissioners Court pursuant to Local Government Code, Section 140.004(d) and the Texas Department of Criminal Justice-Community Justice Assistance Divisions Financial Management Manual. All present voted “Aye.” MOTION PASSED. 34950 AUTHORIZE THE COUNTY JUDGE TO EXECUTE CHANGE ORDER

NO. 3 FOR A TIME EXTENSION FOR M&S ENGINEERING, LLC REGARDING DESIGN OF LOW WATER CROSSINGS, PRECINCT 4 (BEAR CREEK PASS/SYCAMORE CREEK ROAD).

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the County Judge to execute Change Order No. 3 for a time extension for M&S Engineering, LLC regarding design of Low Water Crossings, Precinct 4 (Bear Creek Pass/Sycamore Creek Road). All present voted “Aye.” MOTION PASSED. 34951 AUTHORIZE THE COUNTY JUDGE TO EXECUTE FURNITURE

PROPOSALS AS REQUIRED FOR THE JAIL & PUBLIC SAFETY BUILDING FURNITURE, FIXTURE AND EQUIPMENT (FFE) PURCHASES AND AMEND THE BUDGET ACCORDINGLY.

Mark Kennedy, General Counsel, noted a discretionary exemption per Local Government Code Ch. 262.024(a)(7)(D). A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the County Judge to execute Furniture Proposals as required for the Jail & Public Safety Building Furniture, Fixture and Equipment (FFE) purchases and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34952 APPROVE RENEWAL OF RFP 2018-P10 COUNTY WIDE ELECTRICAL

SERVICES WITH CT ELECTRIC AND TED BREIHAN ELECTRIC FOR ONE (1) ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID.


***** ***** MARCH 10, 2020

A motion was made by Commissioner Smith seconded by Commissioner Shell to approve renewal of RFP 2018-P10 County Wide Electrical Services with CT Electric and Ted Breihan Electric for one (1) additional year as stated in the original bid. All present voted “Aye.” MOTION PASSED. 34953 AUTHORIZE THE EXECUTION OF A FACILITIES USE AGREEMENT

WITH SAN MARCOS ACADEMY FOR THE BASIC PEACE OFFICER GRADUATION.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the execution of a Facilities Use Agreement with San Marcos Academy for the Basic Peace Officer graduation. All present voted “Aye.” MOTION PASSED. 34954 AUTHORIZE THE SHERIFF'S OFFICE TO ACCEPT A DONATION OF

$500.00 FROM THE HAYS COUNTY CITIZEN'S SHERIFF'S ACADEMY TO UTILIZE FOR SUPPLIES AND MATERIALS FOR THE DRONE PROGRAM AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the Sheriff's Office to accept a donation of $500.00 from the Hays County Citizen's Sheriff's Academy to utilize for supplies and materials for the Drone Program and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34955 AUTHORIZE PAYMENT TO AMTEX SCALE FOR $1458.00 FOR THE

DPS LICENSE AND WEIGHT DEPARTMENT RELATED TO SCALES CALIBRATION WHERE NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER THE COUNTY PURCHASING POLICY.

Rodrigo Amaya, Hays County resident, made a public comment asking how money brought in from the scales is monitored by the County. A motion was made by Commissioner Shell seconded by Commissioner Smith to authorize payment to Amtex Scale for $1458.00 for the DPS License and Weight Department related to scales calibration where no purchase order was issued as required per the County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 34956 AUTHORIZE THE ACCEPTANCE OF THE FY20 FORMULA GRANT

AWARD FROM THE TEXAS INDIGENT DEFENSE COMMISSION (TIDC) IN THE AMOUNT OF $154,991.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the acceptance of the FY20 Formula Grant Award from the Texas Indigent Defense Commission (TIDC) in the amount of $154,991. All present voted “Aye.” MOTION PASSED. 34957 AMEND THE CONSTABLE PRECINCT 5 BUDGET FOR ($516.65)

ADDITIONAL FUNDS NEEDED FOR THE PURCHASE OF A XG-25M 700/800 P25 MOBILE RADIO APPROVED IN THE FY20 BUDGET.

A motion was made by Commissioner Smith seconded by Commissioner Shell to amend the Constable Precinct 5 budget for ($516.65) additional funds needed for the purchase of a XG-25M 700/800 P25 mobile radio approved in the FY20 budget. All present voted “Aye.” MOTION PASSED. 34958 AUTHORIZE A WAIVER TO THE PURCHASING POLICY FOR THE

HUMAN RESOURCES DEPARTMENT TO UTILIZE HILL COUNTRY TROPHY RELATED TO EMPLOYEE AND RETIREMENT SERVICE AWARDS.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize a waiver to the purchasing policy for the Human Resources Department to utilize Hill Country Trophy related to employee and retirement service awards. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 10, 2020

34959 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE 2ND AMENDMENT TO THE CITY OF DRIPPING SPRINGS AND COUNTY OF HAYS AGREEMENT REGARDING THE DRIPPING SPRINGS TAX INCREMENT REINVESTMENT ZONE NUMBER ONE AND TAX INCREMENT REINVESTMENT ZONE NUMBER TWO.

A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the County Judge to execute the 2nd Amendment to the City of Dripping Springs and County of Hays Agreement regarding the Dripping Springs Tax Increment Reinvestment Zone Number One and Tax Increment Reinvestment Zone Number Two. All present voted “Aye.” MOTION PASSED. 34960 APPROVE AMENDMENT # 1 TO ADVANCE FUNDING AGREEMENT

BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR SH 80 AT OLD BASTROP HIGHWAY (CR 266) PROJECT AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE ADVANCE FUNDING AGREEMENT AMENDMENT #1 ON BEHALF OF HAYS COUNTY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve Amendment # 1 to Advance Funding Agreement between Hays County and the Texas Department of Transportation (TxDOT) for SH 80 at Old Bastrop Highway (CR 266) project and authorize the County Judge to execute the Advance Funding Agreement Amendment #1 on behalf of Hays County. All present voted “Aye.” MOTION PASSED. 34961 APPROVE AMENDMENT # 1 TO ADVANCE FUNDING AGREEMENT

BETWEEN HAYS COUNTY AND THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR RM 12 AT RM 3237 INTERSECTION IMPROVEMENT PROJECT AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADVANCE FUNDING AGREEMENT AMENDMENT # 1 ON BEHALF OF HAYS COUNTY.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve Amendment # 1 to Advance Funding Agreement between Hays County and the Texas Department of Transportation (TxDOT) for RM 12 at RM 3237 Intersection Improvement project and authorize the County Judge to execute Advance Funding Agreement Amendment # 1 on behalf of Hays County. All present voted “Aye.” MOTION PASSED. 34962 HOLD A PUBLIC HEARING WITH POSSIBLE ACTION TO ESTABLISH

A SPEED LIMIT OF 20 MPH IN SUNFIELD SUBD., PHASE 1, SECTIONS 1-2, AND A 35 MPH SPEED LIMIT ON SUNBRIGHT BLVD.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to hold a public hearing with possible action to establish a speed limit of 20 MPH in Sunfield subd., Phase 1, Sections 1-2, and a 35 MPH speed limit on Sunbright Blvd. All present voted “Aye.” MOTION PASSED. 34963 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE

FIVE (5) "SAFETY-IN-A-BOX" SIGN BASES & TWO (2) POLES RELATED TO THE INSTALLATION OF RADAR SIGNS AND SCHOOL ZONE FLASHER SIGNS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the Transportation Department to purchase five (5) "Safety-in-a-box" sign bases & two (2) poles related to the installation of radar signs and school zone flasher signs and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34964 RELEASE OF THE LETTER OF CREDIT (LOC) #1023 IN THE

AMOUNT OF $1,009,327.60 FOR 6 CREEKS SUBDIVISION, PHASE 1, SECTION 3.

A motion was made by Commissioner Smith seconded by Commissioner Jones to release of the Letter of Credit (LOC) #1023 in the amount of $1,009,327.60 for 6 Creeks subdivision, Phase 1, Section 3. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 10, 2020

34965 APPROVE THE REIMBURSEMENT AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE POSEY ROAD CORRIDOR IMPROVEMENTS PROJECT AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE AGREEMENT ON BEHALF OF HAYS COUNTY.

A motion was made by Commissioner Shell seconded by Commissioner Jones to approve the Reimbursement Agreement for Preliminary Engineering Services with the Union Pacific Railroad Company for the Posey Road Corridor Improvements Project and authorize the County Judge to execute the Agreement on behalf of Hays County. All present voted “Aye.” MOTION PASSED. 34966 RELEASE OF THE LETTER OF CREDIT (LOC) #5308 IN THE

AMOUNT OF $92,515.91 FOR LA CIMA, PHASE 1, SECTION 2. A motion was made by Commissioner Shell seconded by Commissioner Jones to release of the Letter of Credit (LOC) #5308 in the amount of $92,515.91 for La Cima, Phase 1, Section 2. All present voted “Aye.” MOTION PASSED. 34967 CALL FOR A PUBLIC HEARING ON MARCH 24, 2020 TO DISCUSS

FINAL PLAT APPROVAL OF THE REPLAT OF LOT 10, INDIAN HILLS SUBDIVISION; PLN-1401.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to call for a public hearing on March 24, 2020 to discuss final plat approval of the Replat of Lot 10, Indian Hills Subdivision; PLN-1401. All present voted “Aye.” MOTION PASSED. 34968 AUTHORIZE SI MECHANICAL, LLC TO DEMO AND RENOVATE THE

HVAC SYSTEM IN THE PCT 4 BUILDING IN THE AMOUNT OF $97,343 AND AMEND THE BUDGET ACCORDINGLY.

Dan Lyon, Hays County resident, commented on the cost of the HVAC. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize SI Mechanical, LLC to demo and renovate the HVAC system in the PCT 4 building in the amount of $97,343 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 34969 AUTHORIZE THE EXECUTION OF A MEMORANDUM OF

UNDERSTANDING BETWEEN THE HAYS COUNTY VETERAN'S TREATMENT COURT AND RESTORATIVE PATHWAYS, LLC RELATED TO COUNSELING SERVICES TO INDIVIDUAL VETERANS AND/OR THEIR FAMILY MEMBERS.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the execution of a Memorandum of Understanding between the Hays County Veteran's Treatment Court and Restorative Pathways, LLC related to counseling services to individual veterans and/or their family members. All present voted “Aye.” MOTION PASSED. 34970 AUTHORIZE EXECUTION OF A TECHNICAL ASSISTANCE LETTER

REGARDING THE DEVELOPMENT OF A PROGRAM TO FINANCE LAND CONSERVATION AND RECREATION WITHIN HAYS COUNTY.

Katherine Romans, Executive Director of the Hill Country Alliance, thanked Judge Becerra and Commissioners for approving the Alliance and gave a short report on planned activities. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize execution of a technical assistance letter regarding the development of a program to finance land conservation and recreation within Hays County. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #29 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING EMPLOYMENT AND DUTIES OF EACH INDIVIDUAL POSITION WITHIN THE HUMAN RESOURCES OFFICE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT. – WAS PULLED.


***** ***** MARCH 10, 2020

34971 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN HAYS COUNTY VICTIM SERVICES, C.I.D., PATROL, DISPATCH, AND CRIME SCENE INVESTIGATION UNIT. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a Professional Services Agreement between Hays County and Tonya Glenn in Associates Related to Counseling for Designated First Responders as discussed in Executive Session. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #31 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – WAS PULLED. 3DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. Judge Becerra read the Sheriff’s update of the inmate population. Jail Capacity was 311 inmates, the average was 552, and the peak was 557. There were 198 men, and 9 women. Inmates were outsourced to 7 counties. Estimated cost of $82,193 for March 1-7. No action taken. Clerk’s Note Agenda Item #33 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #34 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #35 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 10:47 a.m.







***** ***** MARCH 16, 2020

STATE OF TEXAS * COUNTY OF HAYS *

ON THIS THE 16th DAY OF MARCH A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN SPECIAL MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:


MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3 ELAINE H. CÁRDENAS COUNTY CLERK

Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com.

WITH COMMISSIONER PCT. 4 WALT SMITH BEING ABSENT AND THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

PUBLIC COMMENTS

No comments were made.

34972 ADOPT A RESOLUTION EXTENDING THE LOCAL DISASTER DECLARATION EXECUTED BY THE HAYS COUNTY JUDGE ON MARCH 15, 2020, RELATED TO THE PUBLIC HEALTH RESPONSE TO COVID – 19.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to adopt a resolution extending the Local Disaster Declaration executed by the Hays County Judge on March 15, 2020, related to the public health response to COVID – 19. All present voted “Aye.” MOTION PASSED.

EXECUTIVE SESSION PURSUANT TO CHAPTER 551.071, 551.076, AND 551.089 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUSEL AND DELIBERATION REGARDING THE DEPLOYMENT AND IMPLEMENTATION OF SECURITY PERSONNEL, DEVICES AND /OR CRITICAL INFRASTRUCTURE RELATED TO THE PUBLIC HEALTH RESPONSE TO COVID – 19. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

No action taken.

COMMISSIONERS’ AND JUDGE’S COMMENTS

Judge Becerra said an administration plan is being developed in cooperation with Human Resources and will be presented at Commissioners Court on March 24. Judge Becerra said he suspending all work related travel regarding county operations.

Commissioner Shell recommended reaching out to the local Chambers of Commerce on how businesses can access resources during this difficult time.

Commissioner Ingalsbe and Commissioner Jones advised the Public to go to Hays Informed for latest information and resources.

ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 5:09 p.m.


***** ***** MARCH 16, 2020 I, ELAINE H. CÁRDENAS, COUNTY CLERK and EXOFFICIO CLERK OF THE COMMISSIONERS’



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

HAYS COUNTY, TEXAS


***** ***** MARCH 24, 2020


ON THIS THE 24th DAY OF MARCH A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:


MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4 VALERIE VALDEZ DEPUTY CLERK


THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Reverend Javier Maldonado, 7th Day Adventist Church, gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Rodrigo Amaya, Hays County resident, gave public comments regarding the courtroom technology and suggested I.T. department help with that on-going issue. He noted that the lights around the flagpole were still on at 7:40 and said it is a waste of energy. He said he submitted open records request to General Counsel and said he has not been responded to in a timely manner. Dan Lyon, Hays County resident, gave public comments, he quoted Psalm 91 and thanked Attorney General Ken Paxton for his moratorium on abortion. He stated the Order issued on March 15 by Judge Becerra goes against the First Amendment which defines the right to peacefully assemble.

UPDATE FROM THE COUNTY JUDGE AND STAFF REGARDING THE LOCAL DISASTER DECLARATION AND COVID-19.

Judge Becerra said Hays County is following the State’s guidance and supported by the Federal Government. He stated that he is reluctant to issue a Shelter in Place Order. The Judge thanked several departments and staff members for their efforts and assistance during this time. Judge Becerra said there is a shortage of Personal Protective Equipment (PPE), and he and his staff are working to obtain those supplies for the County. He also talked about releasing some inmates from jail to diminish the load on that front. Alex Villalobos, Chief of Staff, presented the court with a heat signature map to show how the affected areas are connected. He said there are currently 7 confirmed cases, 10 pending cases, 1 recovered, and 69 negative test for Covid-19 in the County. The Chief of Staff said the numbers give a false comfort because there is a lack of testing. He explained the actions by the County to help citizens and the efforts of planning for Recovery. Commissioner Shell thanked Judge Becerra, Alex Villalobos, the Chamber of Commerce, and several departments. Commissioner Ingalsbe echoed the comments of Commissioner Shell. Commissioner Jones spoke about still needing help with private sector doctors relaying information to the Health Department when they have a positive test. This helps to get information to first responders so they have the right personal protective equipment when they are called out to help those residents. Judge Becerra said we do not have test available, but when we do that the number of people with the virus will increase. He said this statement is not to alarm anyone, but to determine who should self-quarantine. Judge Becerra emphasized that it is critical to notify the Health Department with any information. Commissioner Jones thanked the School Districts for their assistance and willingness to help during this time. Commissioner Ingalsbe thanked the hospitals for their help as well. Commissioner Smith thanked Judge Becerra for his actions to limit the economic impacts of the businesses in the county. Commissioner Jones commented on the drive through testing, noting that it will first be made available to first responders, and then by appointment only to citizens with doctor’s recommendation. Commissioner Smith thanked Jeff McGill, Technology Director, for his assistance so that he could join the court remotely. Commissioner Smith noted that he had recently traveled along with personal health reasons, and made the decision to use the two week timetable before interacting with others. Judge Becerra ended by encouraging people to email ideas and suggestions that would benefit everyone during this time. No action was taken.


***** ***** MARCH 24, 2020 34973 ADOPT A PROCLAMATION DECLARING MARCH 24, 2020 AS

WORLD TB DAY FOR HAYS COUNTY.

Tammy Crumley, County Wide Operations, thanked the T.B. staff who were unable to attend court, as they are visiting patients. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to Adopt a Proclamation declaring March 24, 2020 as World TB Day for Hays County. All present voted “Aye.” MOTION PASSED.

34974 APPROVE PAYMENTS OF COUNTY INVOICES.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of County invoices. All present voted “Aye.” MOTION PASSED.

34975 APPROVE PAYMENTS OF JUROR CHECKS.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of Juror checks. All present voted “Aye.” MOTION PASSED.

34976 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS.

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

34977 APPROVE THE PAYMENT OF THE MARCH 31, 2020 PAYROLL DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $3,900,000.00 EFFECTIVE MARCH 31, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the payment of the March 31, 2020 payroll disbursements in an amount not to exceed $3,900,000.00 effective March 31, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED.

34978 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT MODIFICATION WITH THOMSON REUTERS WESTLAW RELATED TO LEGAL RESEARCH FOR THE CRIMINAL DISTRICT ATTORNEY'S OFFICE.

Rodrigo Amaya, Hays county resident, made a public comment against hiring additional employees. Commissioner Ingalsbe said this modification would allow two additional attorneys to have access to Westlaw to conduct legal research. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute a contract modification with Thomson Reuters Westlaw related to legal research for the Criminal District Attorney's Office. All present voted “Aye.” MOTION PASSED.

34979 APPROVE AND ACCEPT THE UPDATED 2019 RACIAL PROFILING REPORT FOR THE HAYS COUNTY CONSTABLE OFFICE, PRECINCT 3.

Rodrigo Amaya, Hays county resident, made a public comment against the report. He said the Court should be worried about the Constable’s actions. Commissioner Shell made an announcement that Constable Helm is requesting the Court accept an amended filing. His initial filing with the State had a mistake and he refiled an amended filing. Judge Becerra had questions regarding the report and inquired about access to the information which generate the report. He said he received several concerned calls about the initial filings. Judge Becerra said he noticed several edits on the revision. Commissioner Shell said he noticed the edits as well. Mark Kennedy, General Counsel, advised the Court that they are able to inquire but do not have the authority to launch an investigation. If an investigation or audit was to be made, such investigation/audit would be made by TCOLE (Texas Commission on Law Enforcement). He said per statue that the report is to be recorded with the Commissioners Court. Commissioner Jones confirmed with General Counsel that the Court is just to accept the report into the record, not to approve the report, which General Counsel confirmed. Judge Becerra ended by asking Constable Helm, who was not present in court, to provide any useful information to validate the report. A motion was made by Commissioner Shell seconded by Commissioner Jones to approve and accept the updated 2019 Racial Profiling Report for the Hays County Constable Office, Precinct 3. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 24, 2020 34980 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A NEW FY20

INTERLOCAL CONTRACT FOR THE NEXT GENERATION 9-1-1 DATABASE PROGRAM WITH THE CAPITAL AREA EMERGENCY COMMUNICATIONS DISTRICT (CAECD) FOR AN ADDITIONAL $13,186.30 IN GRANT FUNDS TO BE UTILIZED FOR MASTER STREET ADDRESS GUIDE (MSAG)/AUTOMATIC LOCATION INFORMATION (ALI) WORK AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a new FY20 Interlocal Contract for the Next Generation 9-1-1 Database Program with the Capital Area Emergency Communications District (CAECD) for an additional $13,186.30 in grant funds to be utilized for Master Street Address Guide (MSAG)/Automatic Location Information (ALI) work and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34981 AUTHORIZE THE FIRE MARSHAL TO ACCEPT GRANT FUNDING IN THE FORM OF LEOSE FUNDS DISTRIBUTED FROM THE STATE COMPTROLLER AND AMEND THE BUDGET ACCORDINGLY.

Scott Raven, Fire Marshall and Interim Emergency Director, explained these funds are received annually from the State to help cover training and education exclusively for the full time peace officers out of the Fire Marshall’s office. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the Fire Marshal to accept grant funding in the form of LEOSE Funds distributed from the State Comptroller and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34982 AUTHORIZE THE CENSUS COMPLETE COUNT COMMITTEE TO UTILIZE THE BALANCE OF THE UNITED WAY GRANT FUNDS PREVIOUSLY APPROVED FOR CONSUMABLE ITEMS FOR EVENTS AND EVENT RENTAL CONTRACT FEES AND A PORTION OF THE PRINTED MATERIALS BUDGET FOR SOCIAL MEDIA CENSUS OUTREACH DUE TO THE COVID-19 MASS GATHERING RESTRICTIONS AND AMEND THE BUDGET ACCORDINGLY.

Rodrigo Amaya, Hays county resident made a public comment, announcing he saw a Hays County employee recklessly driving in town. Commissioner Ingalsbe assured him that the issue will be addressed. Judge Becerra also added the County vehicles have cameras and an audit can be made. Commissioner Ingalsbe said the funds would be used for social media due to Covid-19. Commissioner Smith would like the funds to be used towards targeting new residents and underserved residents. Commissioner Smith also requested to meet with Jessica Mejia, Census Program Coordinator, to talk about the needs of those communities. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the Census Complete Count Committee to utilize the balance of the United Way grant funds previously approved for Consumable Items for Events and Event Rental Contract Fees and a portion of the Printed Materials budget for Social Media Census Outreach due to the COVID-19 mass gathering restrictions and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34983 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR TWO MOBILE HOMES LOCATED AT 1571 WINDY HILL ROAD, KYLE, TEXAS 78640.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize On-Site Sewage Facility Permit for two mobile homes located at 1571 Windy Hill Road, Kyle, Texas 78640. All present voted “Aye.” MOTION PASSED.

34984 APPROVE RENEWAL OF IFB 2019-B02 ROAD BUILDING MATERIALS - GENERAL ROAD CONSTRUCTION WITH COLORADO MATERIALS, LTD. BRAUNTEX MATERIALS, INC. AND INDUSTRIAL ASPHALT, LLC. FOR ONE (1) ADDITIONAL YEAR AS STATED IN THE ORIGINAL BID.

A motion was made by Commissioner Shell seconded by Commissioner Jones to approve renewal of IFB 2019-B02 Road Building Materials - General Road Construction with Colorado Materials, LTD Brauntex Materials, Inc. and Industrial Asphalt, LLC for one (1) additional year as stated in the original bid. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 24, 2020 34985 APPROVE UTILITY PERMITS.

A motion was made by Commissioner Shell seconded by Commissioner Jones to approve Utility Permits. All present voted “Aye.” MOTION PASSED.

34986 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR TWO MOBILE HOMES LOCATED AT 704 B TURTLE HILL ROAD, DRIFTWOOD, TEXAS 78619.

A motion was made by Commissioner Shell seconded by Commissioner Jones to Authorize On-Site Sewage Facility Permit for two mobile homes located at 704 B Turtle Hill Road, Driftwood, Texas 78619. All present voted “Aye.” MOTION PASSED.

34987 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 2 WITH THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE FY2021 IMMUNIZATION/LOCALS (IMM/LOCALS) GRANT PROGRAM IN THE AMOUNT OF $192,341.00.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the execution of amendment no. 2 with the Department of State Health Services (DSHS) for the FY2021 Immunization/Locals (IMM/LOCALS) grant program in the amount of $192,341.00. All present voted “Aye.” MOTION PASSED.

34988 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 4 WITH THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE FY2021 PUBLIC HEALTH EMERGENCY PREPAREDNESS (PHEP) GRANT PROGRAM IN THE AMOUNT OF $139,393.00.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the execution of amendment no. 4 with the Department of State Health Services (DSHS) for the FY2021 Public Health Emergency Preparedness (PHEP) grant program in the amount of $139,393.00. All present voted “Aye.” MOTION PASSED.

34989 AUTHORIZE THE JUVENILE PROBATION DEPARTMENT TO ACCEPT $5,768.00 ADDITIONAL GRANT FUNDING FROM THE TEXAS JUVENILE JUSTICE DEPARTMENT (TJJD) FOR REGIONAL SUPPLEMENTAL & EMERGENT NEEDS (S&E) AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the Juvenile Probation Department to accept $5,768.00 additional grant funding from the Texas Juvenile Justice Department (TJJD) for Regional Supplemental & Emergent Needs (S&E) and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34990 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR BASEBALL COACHING FACILITY & OFFICE LOCATED AT 13701 FITZHUGH ROAD, AUSTIN, TEXAS 78736.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize On-Site Sewage Facility Permit for baseball coaching facility & office located at 13701 Fitzhugh Road, Austin, Texas 78736. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #20 RE: APPROVE THE UPDATES TO THE TEXAS PROPERTY ASSESSED CLEAN ENERGY (PACE) AUTHORITY PROJECT DOCUMENTS APPROVED BY THE HAYS COUNTY COMMISSIONERS COURT ON OR ABOUT JANUARY 17, 2017. – WAS PULLED.

34991 AUTHORIZE THE SHERIFF'S OFFICE TO UTILIZE SAVINGS OF $10,386 TO PURCHASE COMPUTER EQUIPMENT FOR THE NEW DISPATCH CENTER IN THE PUBLIC SAFETY BUILDING AND AMEND THE BUDGET ACCORDINGLY.


***** ***** MARCH 24, 2020 A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the Sheriff's Office to utilize savings of $10,386 to purchase computer equipment for the new dispatch center in the Public Safety Building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34992 APPROVE SPECIFICATIONS FOR IFB 2020-B07 METAL BEAM GUARD FENCE (MBGF) MATERIALS AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE.

A motion was made by Commissioner Jones seconded by Commissioner Shell to approve specifications for IFB 2020-B07 Metal Beam Guard Fence (MBGF) Materials and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED.

34993 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE THIRD AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN MARCOS, HAYS COUNTY, AND LAZY OAKS RANCH, LP IN CONNECTION WITH THE LA CIMA DEVELOPMENT AND THE ADDITION OF APPROXIMATELY 130 ACRES INTO THE AREA COVERED BY THE AGREEMENT.

Commissioner Shell announced La Cima has added 130 acres into their development agreement. As a result, there is a reduction of density and will be annexed by the city. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute the Third Amended and Restated Development Agreement between the City of San Marcos, Hays County, and Lazy Oaks Ranch, LP in connection with the La Cima development and the addition of approximately 130 acres into the area covered by the Agreement. All present voted “Aye.” MOTION PASSED.

34994 APPROVE SPECIFICATIONS FOR IFB 2020-B08 CULVERTS AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE.

A motion was made by Commissioner Jones seconded by Commissioner Shell to approve specifications for IFB 2020-B08 Culverts and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED.

34995 AUTHORIZE THE MAGISTRATION DIVISION TO CONVERT CONTRACT MAGISTRATION FUNDS TO ESTABLISH ONE (1) SHARED SLOT FOR PART-TIME MAGISTRATE JUDGES, GRADE 119 EFFECTIVE APRIL 1ST AND AMEND THE BUDGET ACCORDINGLY.

Rodrigo Amaya, Hays county resident made a public comment, against the Magistration division. Judge Becerra said the Magistration division would help to lower the budget for outsourcing. Commissioner Ingalsbe agreed and added it would help to lower the number of people in jail. Commissioner Shell said the Magistrates help to streamline the process for both District Courts and County Courts. He said the County is able to hold Magistration at least once a day every day of the year. Commissioner Jones said the County is able to save money by keeping a person out of jail. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the Magistration Division to convert contract magistration funds to establish one (1) shared slot for part-time Magistrate Judges, grade 119 effective April 1st and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

34996 AUTHORIZE BUILDING MAINTENANCE TO ACCEPT A $15,819 PROPOSAL FROM PBS OF TEXAS (THE HAYS COUNTY JANITORIAL CONTRACTOR) TO DISINFECT ALL COUNTY BUILDINGS WITH EARTHSAFE PURTAB DISINFECTANT RELATED TO THE COVID-19 PREPAREDNESS AND RESPONSE FOR BUILDING SANITATION.

Tammy Crumley, County Wide Operations, said this service is provided under our current contract. Disinfection of the buildings would take place overnight while the buildings are empty. She said this cost could potentially be reimbursed under the Emergency declaration reimbursement. Mark Kennedy, General Counsel, noted the exemption code that should be added to the motion. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize Building Maintenance to accept a $15,819 Proposal from PBS of Texas (the Hays County Janitorial Contractor) to disinfect all County Buildings with Earthsafe Purtab Disinfectant related to the COVID-19 preparedness and response for building sanitation under exemption 262.024 (a)(2). All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 24, 2020 34997 APPROVE SPECIFICATIONS FOR IFB 2020-B06 ROADWAY

STRIPING AND AUTHORIZE PURCHASING TO SOLICIT FOR BIDS AND ADVERTISE.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve specifications for IFB 2020-B06 Roadway Striping and authorize Purchasing to solicit for bids and advertise. All present voted “Aye.” MOTION PASSED.

34998 RATIFY THE PURCHASE OF ONE (1) CLOROX TOTAL 360 SPRAYER FOR $5,610.22 RELATED TO COVID-19 PREPAREDNESS AND RESPONSE FOR BUILDING SANITATION.

Dan Lyon, Hays county resident, made a public comment against the purchase of the sprayer. He said the county needs to cut down on spending. Tammy Crumley, County Wide Operations, explained the benefits of the sprayer. She said the County could use it throughout all the County buildings during a number of times of the year including flu season. Alex Villalobos, Chief of Staff, said this item was discussed with Mike Jones, Health Preparedness, and explained the benefits of owning the sprayer. Scott Raven, Fire Marshall, presented an image of the sprayer to the court, and also attested to the benefits he has encountered when using the sprayer in ambulances during flu season. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to ratify the purchase of one (1) Clorox Total 360 Sprayer for $5,610.22 related to COVID-19 preparedness and response for building sanitation. All present voted “Aye.” MOTION PASSED.

34999 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DOUCET & ASSOCIATES FOR DESIGN SERVICES RELATED TO PARKING LOT EXPANSION AT THE PCT. 2 OFFICE BUILDING AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Jones said Precinct 2 is short on parking spaces. This agreement will cover the redesign of the space to add parking. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Professional Services Agreement with Doucet & Associates for design services related to parking lot expansion at the Pct. 2 office building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35000 ACCEPT THE VEGETATION COVERAGE AND THE RELEASE OF THE REVEGETATION BOND #PB03016800239 IN THE AMOUNT OF $41,520.00 FOR SUNFIELD SUBDIVISION, PHASE 3, SECTION 3.

Commissioner Jones announced that staff recommendation was made for this item. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to accept the vegetation coverage and the release of the revegetation bond #PB03016800239 in the amount of $41,520.00 for Sunfield subdivision, Phase 3, Section 3. All present voted “Aye.” MOTION PASSED.

35001 APPROVE ADVANCE FUNDING AGREEMENT FOR SURFACE TRANSPORTATION BLOCK GRANT PROGRAM (STBG) BOTH ON-SYSTEM AND OFF-SYSTEM (FM 621 AND CR 266 IMPROVEMENT) AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADVANCE FUNDING AGREEMENT ON BEHALF OF HAYS COUNTY.

Commissioner Ingalsbe said this is part of the 2016 Road Bond work that consist of dedicated turn lanes to provide more safety. AFA required TXDOT advertise, lead, and manage this project. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve Advance Funding Agreement for Surface Transportation Block Grant Program (STBG) Both On-System and Off-System (FM 621 and CR 266 Improvement) and authorize the County Judge to execute Advance Funding Agreement on behalf of Hays County. All present voted “Aye.” MOTION PASSED.

35002 APPROVE ADVANCE FUNDING AGREEMENT FOR SURFACE TRANSPORTATION BLOCK GRANT PROGRAM (STBG) AND HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) PROJECT ON-SYSTEM (RM 967 SAFETY TURN LANES) AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE ADVANCE FUNDING AGREEMENT ON BEHALF OF HAYS COUNTY.


***** ***** MARCH 24, 2020 Commissioner Jones said there was a long delay on this project. He said the backup reflects the project is scheduled for 2021; however they would like to start this summer while schools are out of session. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve Advance Funding Agreement for Surface Transportation Block Grant Program (STBG) and Highway Safety Improvement Program (HSIP) Project On-System (RM 967 Safety Turn Lanes) and authorize the County Judge to execute Advance Funding Agreement on behalf of Hays County. All present voted “Aye.” MOTION PASSED.

35003 APPROVE THE REIMBURSEMENT AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE MCCARTY LANE CORRIDOR IMPROVEMENTS PROJECT AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE AGREEMENT ON BEHALF OF HAYS COUNTY.

Commissioner Shell said anytime work is done on a railroad crossing the county has to pay for the engineering services. He noted possible savings since McCarty and Centerpoint are relatively close. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve the Reimbursement Agreement for Preliminary Engineering Services with the Union Pacific Railroad Company for the McCarty Lane Corridor Improvements Project and authorize the County Judge to execute the Agreement on behalf of Hays County. All present voted “Aye.” MOTION PASSED.

35004 APPROVE THE REIMBURSEMENT AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES WITH THE UNION PACIFIC RAILROAD COMPANY FOR THE CENTERPOINT ROAD CORRIDOR IMPROVEMENTS PROJECT AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE AGREEMENT ON BEHALF OF HAYS COUNTY.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve the Reimbursement Agreement for Preliminary Engineering Services with the Union Pacific Railroad Company for the Centerpoint Road Corridor Improvements Project and authorize the County Judge to execute the Agreement on behalf of Hays County. All present voted “Aye.” MOTION PASSED.

35005 ACCEPT FISCAL SURETY FOR THE CONSTRUCTION OF STREET AND DRAINAGE IMPROVEMENTS IN THE AMOUNT OF $1,409,066.00 FOR HEADWATERS AT BARTON CREEK, PHASE 4, SECTION 2 (BOND # PB03010406703).

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to accept fiscal surety for the construction of street and drainage improvements in the amount of $1,409,066.00 for Headwaters at Barton Creek, Phase 4, Section 2 (Bond # PB03010406703). All present voted “Aye.” MOTION PASSED.


A motion was made by Commissioner Jones seconded by Commissioner Shell to accept fiscal surety for the construction of street and drainage improvements in the amount of $1,103,051.40 for Headwaters at Barton Creek, Phase 4, Section 3 (Bond # PB03010406704). All present voted “Aye.” MOTION PASSED.


A motion was made by Commissioner Jones seconded by Commissioner Shell to accept fiscal surety for the construction of street and drainage improvements in the amount of $1,943,007.30 for Headwaters at Barton Creek, Phase 4, Section 4 (Bond # PB03010406702). All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 24, 2020 Clerk’s Note Agenda Item #38 RE: DISCUSSION AND POSSIBLE ACTION TO AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR LOCALLY FUNDED TRANSPORTATION PROJECT ON-SYSTEM, RM 2325 AT FISCHER STORE RD. AS PART OF THE 2016 ROAD BOND PROGRAM. – WAS PULLED.

Clerk’s Note: Commissioner Smith disconnected at 1:44 p.m. and reconnected at 1:46 p.m.

35008 APPROVE A VARIANCE FROM SECTION 721.5.07 (C) OF THE HAYS COUNTY DEVELOPMENT REGULATIONS AND APPROVAL OF FINAL PLAT; HOLD PUBLIC HEARING. PLN-1401; REPLAT OF LOT 10, INDIAN HILLS RANCH SUBDIVISION.

Judge Becerra opened the public hearing at 1:45p.m. No comments were made. Judge Becerra closed the public hearing at 1:45p.m. Caitlyn Strickland, Development Services, gave a review of the requirements for the variances and replat. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve a variance from section 721.5.07 (C) of the Hays County Development Regulations and approval of final plat; hold public hearing. PLN-1401; Replat of Lot 10, Indian Hills Ranch Subdivision. All present voted “Aye.” MOTION PASSED.

35009 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PHASING AGREEMENT WITH HK REAL ESTATE DEVELOPMENT FOR THE FREEMAN SUBDIVISION LOCATED OFF OF OLD BASTROP HIGHWAY IN PRECINCT 1.

Caitlyn Strickland, Development Services, and Mark Kennedy, General Counsel, gave further details to the court about the agreement. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a Phasing Agreement with HK Real Estate Development for the Freeman Subdivision located off of Old Bastrop Highway in Precinct 1. All present voted “Aye.” MOTION PASSED.

35010 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PHASING AGREEMENT WITH HK REAL ESTATE DEVELOPMENT FOR THE RIVER BEND SUBDIVISION LOCATED OFF OF OLD BASTROP HIGHWAY IN PRECINCT 1.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a Phasing Agreement with HK Real Estate Development for the River Bend Subdivision located off of Old Bastrop Highway in Precinct 1. All present voted “Aye.” MOTION PASSED.

35011 APPROVE THE NAMING OF A PRIVATE DRIVEWAY IN PRECINCT 3, REVIVAL HILL.

Commissioner Shell stated this has gone through the addressing department and was approved. Caitlyn Strickland, Development Services, stated since several residents lived on the road it is recommended to have a street name for emergency services purposes. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve the naming of a private driveway in precinct 3, Revival Hill. All present voted “Aye.” MOTION PASSED.

35012 AUTHORIZING THE COUNTY JUDGE TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) WITH SECURUS TECHNOLOGIES, LLC RELATED TO TEMPORARY FREE INMATE PHONE CALLS IN LIGHT OF COVID-19 CONCERNS.

Commissioner Shell said during this time inmates would receive free phone calls due to Covid-19. Captain Mike Davenport, Sheriff’s Office, said because of Covid-19 visitation at the jail facility cannot be held, therefore Securus was contacted about helping with this issue. Securus provided a contract as a solution to provide free phone calls for the inmates. Judge Becerra and Commissioner Ingalsbe said they were grateful for this action. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorizing the County Judge to execute a Memorandum of Understanding (MOU) with Securus Technologies, LLC related to temporary free inmate phone calls in light of COVID-19 concerns. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 24, 2020 Clerk’s Note Agenda Item #44 RE: DISCUSSION AND POSSIBLE ACTION TO PROVIDE DIRECTION REGARDING ENFORCEMENT OF THE HAYS COUNTY FIRE CODE, ADOPTED BY THE COMMISSIONERS COURT ON OR ABOUT DECEMBER 17, 2019. – WAS PULLED.

35013 AUTHORIZE THE EXECUTION OF A $1,000,000.00 LETTER OF AGREEMENT BETWEEN HAYS COUNTY AND CENTRAL TEXAS MEDICAL CENTER (CTMC) AS BUDGETED FOR FY2020 FOR INDIGENT HEALTH CARE COSTS.

Commissioner Shell introduced the representatives Stephanie Nelson, CFO of CTMC, and Thomas McKinney, CEO, of Christus. Commissioner Shell explained the prorating of the funds for the hospitals because of the transition of ownership over CTMC. Both hospital representatives spoke to the court about the services provided to the county. Commissioner Ingalsbe said she would like to set a meeting with the new CEO regarding the needs of specialty doctors through this continued partnership. A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize the execution of a $1,000,000.00 Letter of Agreement between Hays County and Central Texas Medical Center (CTMC) as budgeted for FY2020 for Indigent health care costs. All present voted “Aye.” MOTION PASSED.

35014 AMEND THE HAYS COUNTY PURCHASING POLICY TO INCLUDE THE RECEIPT OF ELECTRONIC BIDS/PROPOSALS AND TO AUTHORIZE THE EXECUTION OF AN AGREEMENT FOR SERVICES BETWEEN HAYS COUNTY AND BIDNET DIRECT.

Marisol Villarreal-Alonzo, Auditor, said her office has worked with the I.T. department to utilize their current software to allow for electronic bids and will begin training. BidNet Direct is a vendor that currently works with other counties by posting bids electronically. BidNet offers free services to the County and vendors as well as offering subscriptions to vendors for automatic notifications of bids. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to amend the Hays County Purchasing Policy to include the receipt of electronic bids/proposals and to authorize the execution of an Agreement for Services between Hays County and BidNet Direct. All present voted “Aye.” MOTION PASSED.

35015 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.072 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE PURCHASE, LEASE, EXCHANGE, OR VALUE OF REAL PROPERTY LOCATED ON OR NEAR THE SAN MARCOS RIVER IN PRECINCT 1, INCLUDING THE TWO PROPERTIES FOR WHICH HAYS COUNTY HAS EXECUTED OPTION AGREEMENTS. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize and/or ratify General Counsel’s execution of purchase agreements related to the property acquisitions for which the county has executed option agreements along Cape Road and River Road in Precinct 1; to authorize General Counsel to execute all documents incidental to closing the purchase of the Cape Family Trust, LTD property by way of 2016 Transportation bond funds (multimodal transportation) and to authorize funding the purchase of the Clemmie Sharp property by way of 2007 Park bond interest savings. All present voted “Aye.” MOTION PASSED.

35016 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING EMPLOYMENT AND DUTIES OF EACH INDIVIDUAL POSITION EMPLOYED BY HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve a policy related to emergency paid leave and to authorize execution of an Order of the Commissioners Court of Hays County, Texas as presented in Executive Session, addressing Employee absences resulting from Covid-19. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 24, 2020 EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE DUTIES OF ALL INDIVIDUAL POSITIONS WITHIN THE OFFICE OF EMERGENCY SERVICES, INCLUDING BUT NOT LIMITED TO THE HAYS COUNTY FIRE MARSHAL.


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


Clerk’s Note Agenda Item #51 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – WAS PULLED.

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

Judge Becerra read the update by the Sheriff’s office. The estimated cost to outsource inmates was $84,592 for the dates of March 15th through March 21st. The average number of outsourced inmates were 206 males and 8 females.


Clerk’s Note Agenda Item #54 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.

Clerk’s Note Agenda Item #55 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.






HAYS COUNTY, TEXAS


***** ***** MARCH 31, 2020


ON THIS THE 31st DAY OF MARCH A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Chaplain Javier Maldonado, 7th Day Adventist Church, gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Rodrigo Amaya, Hays County resident, gave a public comment regarding ill qualifications of elected officials and government workers. He stated that he pulled up the Code of Ethic for Hays County Employees because an employee is involved in the medical profession and he hopes it does not conflict with the Covid-19 kit that will be available soon. Dan Lyon, Hays County resident, sent his public comments via email. He wrote that the Order from March 15th negatively affected the citizens’ ability to make an income therefore, Hays County should lower the taxes collected.

Update from the County Judge and staff regarding the Local Disaster Declaration and COVID-19.

Alex Villalobos, Chief of Staff, gave an update on the number of Covid-19 cases. There are 28 confirmed, 6 recovered, and 22 active cases. He gave an update to the court for Emergency plans. He stated that Hays County will be short on supplies and first responders. Tammy Crumley, County Wide Operations, gave an update on the progress of disinfecting the County buildings, and the inventory of supplies. Raul Reyes, Emergency Service Director, introduced himself as the new director. He said he will meet with each of the Commissioners about Covid-19. Judge Becerra welcomed Raul Reyes, and thanked Scott Raven, Fire Marshall and Interim Emergency Services Director, for stepping up during this time of transition. Judge Becerra spoke about the purchase of 2,000 Covid-19 testing kits. He stated priority will be given to front line medical responders and individuals exhibiting symptoms with required medical consultation. Judge Becerra and Commissioner Smith had a lengthy discussion about the agreement made with one of the suppliers of the Testing kits. Commissioner Shell thanked the Healthcare providers and first responders, and acknowledged the businesses that are struggling. No action was taken.


A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of County invoices. All present voted “Aye.” MOTION PASSED.


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

35019 APPROVE COMMISSIONERS COURT MINUTES OF MARCH 3, 2020, MARCH 10, 2020, MARCH 16, 2020 AND MARCH 24, 2020.


***** ***** MARCH 31, 2020 A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of March 3, 2020, March 10, 2020, March 16, 2020 and March 24, 2020. All present voted “Aye.” MOTION PASSED.

35020 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE COMPUTER EQUIPMENT WITH SHERIFF DRUG FORFEITURE FUNDS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to purchase computer equipment with Sheriff Drug Forfeiture Funds and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35021 AUTHORIZE THE SHERIFF'S OFFICE TO PURCHASE TWO (2) SHOP FANS (PORTABLE COOLER) FOR THE VEHICLE MAINTENANCE AND BUILDING MAINTENANCE SHOPS AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to purchase two (2) shop fans (portable cooler) for the Vehicle Maintenance and Building Maintenance shops and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35022 AUTHORIZE THE BUILDING MAINTENANCE DEPARTMENT TO REPLACE THE GENERATOR RADIATOR AT THE LOCAL HEALTH DEPARTMENT IN THE AMOUNT OF $7,790.19 AND AMEND THE BUDGET ACCORDINGLY.

Judge Becerra clarified this item is to replace a part not the generator as a whole. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Building Maintenance Department to replace the generator radiator at the Local Health Department in the amount of $7,790.19 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35023 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A LETTER TO TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) DESIGNATING JANICE JONES TO FINALIZE DOCUSIGN DOCUMENTS BETWEEN HAYS COUNTY AND TXDOT, ONCE APPROVED IN COMMISSIONERS COURT.

Judge Becerra asked General Counsel for clarification on this item. Mark Kennedy, General Counsel, stated that TXDOT may ask for proof of court appointed authority, so this item covers that request. Commissioner Smith commented that during this time it would be helpful to have someone with authority to sign on their behalf. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to authorize the County Judge to execute a letter to Texas Department of Transportation (TxDOT) designating Janice Jones to finalize Docusign documents between Hays County and TxDOT, once approved in Commissioners Court. All present voted “Aye.” MOTION PASSED.

35024 APPROVE SPECIFICATIONS FOR RFP 2020-P09 CDBG MITIGATION FUNDING AND AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

Commissioner Shell stated an edit needed to be made to proposal which would remove a sentence that was from a previous RFQ. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve specifications for RFP 2020-P09 CDBG Mitigation Funding and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED.

35025 ACCEPT THE SITE IMPROVEMENT PERFORMANCE BOND #LICX1192181 FOR STREET EXCAVATION, DRAINAGE, AND EROSION CONTROL IMPROVEMENTS IN THE AMOUNT OF $937,314.16 FOR THE CALITERRA SUBDIVISION, PHASE 3, SECTION 9.


***** ***** MARCH 31, 2020 Rodrigo Amaya, Hays County resident, gave a public comment regarding oversight of the court. A motion was made by Commissioner Smith seconded by Commissioner Shell to accept the site improvement performance bond #LICX1192181 for street excavation, drainage, and erosion control improvements in the amount of $937,314.16 for the Caliterra subdivision, Phase 3, Section 9. All present voted “Aye.” MOTION PASSED.

35026 APPROVE AN ADVANCE FUNDING AGREEMENT FOR LOCALLY FUNDED HIGHWAY IMPROVEMENT PROJECT ON-SYSTEM (RM 12 AT WINTERS MILL PKWY. AND RM 3237 AT WINTERS MILL PKWY.) AND AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE ADVANCE FUNDING AGREEMENT ON BEHALF OF HAYS COUNTY.

Commissioner Shell stated this item is part of the 2016 bond program. He stated the County has been working with TXDOT for the design and they would like to get started as soon as possible. The location will have a new school opening soon. A motion was made by Commissioner Smith seconded by Commissioner Shell to approve an Advance Funding Agreement for Locally Funded Highway Improvement Project On-System (RM 12 at Winters Mill Pkwy. and RM 3237 at Winters Mill Pkwy.) and authorize the County Judge to execute the Advance Funding Agreement on behalf of Hays County. All present voted “Aye.” MOTION PASSED.

35027 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONSTRUCTION CONTRACT WITH INTERMOUNTAIN SLURRY SEAL, INC. FOR THE TRANSPORTATION DEPARTMENT RELATED TO ROAD IMPROVEMENTS.

Commissioner Ingalsbe explained this action will extend the life of the road pavement. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the County Judge to execute a Construction Contract with Intermountain Slurry Seal, Inc. for the Transportation Department related to road improvements. All present voted “Aye.” MOTION PASSED.

35028 ACCEPT THE FISCAL YEAR 2019 HAYS COUNTY COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AS AUDITED BY ABIP, PC CERTIFIED PUBLIC ACCOUNTANTS.

A presentation was given by a representative from ABIP, to explain the results of the Comprehensive Annual Financial Report (CAFR). Jeff McGill, I.T. Director assisted with the remote presentation. Commissioner Ingalsbe asked about the 2016 Pass through funds. Marisol Villarreal- Alonzo, Auditor, responded to the Commissioners questions. Marisol Villarreal-Alonzo stated she would send the Court their bond copies, but wants to review once more before submitting to SCC Reporting for the deadline later today. She stated her office has been granted a 30 day extension from the GFOA. Her office will submit the report to GFOA and expect to receive an award once submitted. Commissioner Shell, Commissioner Smith, and Judge Becerra thanked the Auditors office for their work. A motion was made by Commissioner Jones seconded by Commissioner Shell to accept the Fiscal Year 2019 Hays County Comprehensive Annual Financial Report (CAFR) as audited by ABIP, PC Certified Public Accountants. All present voted “Aye.” MOTION PASSED.

Clerk’s Note Agenda Item #14 RE: RODRIGO AMAYA, HAYS COUNTY RESIDENT, MADE A PUBLIC COMMENT STATING THE COUNTY WAS SCHEDULING FINES BEFORE THE FIRE CODE WAS ADOPTED. COMMISSIONER SMITH SPOKE TO CLARIFY THE CODE WAS ADPOTED IN DECEMBER 2019. PROVIDE DIRECTION REGARDING ENFORCEMENT OF THE HAYS COUNTY FIRE CODE, ADOPTED BY THE COMMISSIONERS COURT ON OR ABOUT DECEMBER 17, 2019. – WAS PULLED.

35029 ALLOW THE DEVELOPMENT SERVICES STAFF TO TAKE WORK VEHICLES TO THEIR HOMES, REQUESTED PER THE COUNTY PROPERTY AND EMPLOYEE RESPONSIBILITY CHAPTER OF THE HR POLICY.

Caitlyn Strickland, Development Services, stated this item was to ensure her staff is meeting the Stay Safe order. Commissioner Ingalsbe spoke to clarify that this action would only be in place while the order was in effect. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to allow the Development Services staff to take work vehicles to their homes, requested per the County Property and Employee Responsibility chapter of the HR Policy. All present voted “Aye.” MOTION PASSED.


***** ***** MARCH 31, 2020 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AMENDMENT NO. 2 TO THE STOP LOSS POLICY BETWEEN HAYS COUNTY AND UNITED HEALTHCARE INSURANCE COMPANY.

Rodrigo Amaya, Hays County resident, made a public comment cautioning the court on their approvals of action items on the agenda. Commissioner Ingalsbe, had additional questions and mentioned bringing the item back to court at a later time. Mark Kennedy, General Counsel, was in agreement to bring item back to court. No action taken.

Clerk’s Note Agenda Item #17 RE: AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND W.F. SMITH COMPANY FOR APPRAISER SERVICES FOR THE COUNTY’S GLO DISASTER HOUSING ASSISTANCE PROGRAM (HAP). – WAS PULLED.

Clerk’s Note Agenda Item #18 RE: AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND SPOT ON SURVEYING, INC. (SOS) REGARDING SURVEYING SERVICES FOR THE COUNTY’S GLO DISASTER HOUSING ASSISTANCE PROGRAM (HAP). – WAS PULLED.

35030 AUTHORIZING THE COUNTY JUDGE TO EXECUTE A TEMPORARY LICENSE AGREEMENT BETWEEN HAYS COUNTY AND UNBEATEN, LLC, IN SUPPORT OF THE ROOM 2 HOPE PROJECT FOR THE BENEFIT OF VICTIM WITNESSES AT THE HAYS COUNTY GOVERNMENT CENTER.

Rodrigo Amaya, Hays County resident, gave a public comment regarding limited space in the Government Center. Commissioner Shell stated this room already exist in the District Attorney’s office. He referred to a previous presentation given in court by Denise Fonseca suggesting to utilize volunteers to add furniture and paint making the space more comfortable for victims. A motion was made by Commissioner Shell seconded by Commissioner Smith to authorizing the County Judge to execute a Temporary License Agreement between Hays County and Unbeaten, LLC, in support of the Room 2 Hope project for the benefit of victim witnesses at the Hays County Government Center. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: Executive Session began at 9:40 a.m. and resumed back into open court at 10:34 a.m.

EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING THE DUTIES OF ALL INDIVIDUAL POSITIONS WITHIN THE OFFICE OF EMERGENCY SERVICES, INCLUDING BUT NOT LIMITED TO THE HAYS COUNTY FIRE MARSHAL.

No action taken.

Clerk’s Note Agenda Item #21 RE: EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN HAYS COUNTY VICTIM SERVICES, C.I.D., PATROL, DISPATCH, AND CRIME SCENE INVESTIGATION UNIT. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT. – WAS PULLED.


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

Judge Becerra read the Sheriff’s update of the inmate population. The estimated cost of outsourcing is $69,491. The inmate population was 440 the peak was 465 for the week of March 22nd through March 28th, 2020. The number of males 168 the number of females 5. No action taken.


***** ***** MARCH 31, 2020 Clerk’s Note Agenda Item #24 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.



ADJOURNMENT

A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 11:13 a.m.





HAYS COUNTY, TEXAS


***** ***** APRIL 7, 2020


ON THIS THE 7th DAY OF APRIL A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:




WITH VALERIE VALDEZ, DEPUTY CLERK, BEING PRESENT THROUGH VIDEO CONFERENCE THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Chaplain Javier Maldonado, 7th Day Adventist Church, gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Hayden Matz, Hays County resident, gave a public comment in regards to transparency and united leadership by the court during the Covid-19 pandemic. Dan Lyon, Hays County resident, gave public comments, stating government should cut effective tax rates for homeowners and small landowners, and he read the Hays County disbursements. Rodrigo Amaya, Hays County resident, gave a public comment to the court to hire qualified people, and concerns about General Counsel.

UPDATE FROM THE COUNTY JUDGE AND STAFF REGARDING THE LOCAL DISASTER DECLARATION AND COVID-19. POSSIBLE DISCUSSION MAY FOLLOW.

Eric Schneider, Med, Epidemiologist, gave the court an update listing the areas of the active, pending, and negative test to-date. He announced there is community spreading of the virus. The Commissioners and Judge thanked the Health department for their work. Alex Villalobos, Chief of Staff and Emergency Management Coordinator, gave the court an update on the inventory of personal protective equipment (PPE) and chemicals used for disinfecting. He also spoke about possible locations that may be used in the event that the hospitals reach capacity. Judge Becerra gave announced a list of test site throughout the county. He also recommended using face masks. Rodrigo Amaya, Hays County resident, made a public comment stating he is worried about qualified personnel working in Hays County offices. No action taken.

Clerk’s Note: A break was taken at 10:50a.m. and resumed at 10:55a.m.


A motion was made by Commissioner Jones seconded by Commissioner Shell to approve payments of County invoices. All present voted “Aye.” MOTION PASSED.


A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED.

35033 APPROVE COMMISSIONERS COURT MINUTES OF MARCH 31, 2020.

A motion was made by Commissioner Jones seconded by Commissioner Shell to approve Commissioners Court Minutes of March 31, 2020. All present voted “Aye.” MOTION PASSED.


***** ***** APRIL 7, 2020 35034 AUTHORIZE THE COUNTY JUDGE TO EXECUTE WORK AUTHORIZATION

#4 TO THE PROFESSIONAL SERVICE AGREEMENT (PSA) BETWEEN HAYS COUNTY AND BOWMAN CONSULTING GROUP, LTD. FOR THE COTTON GIN ROAD IMPROVEMENTS PROJECT, AND DECLARE AN EXCEPTION TO COMPETITIVE PROCUREMENT UNDER SECTION 262.024(A)(4) OF THE TEXAS LOCAL GOVERNMENT CODE.

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute Work Authorization #4 to the Professional Service Agreement (PSA) between Hays County and Bowman Consulting Group, Ltd. for the Cotton Gin road improvements project, and declare an exception to competitive procurement under Section 262.024(a)(4) of the Texas Local Government Code. All present voted “Aye.” MOTION PASSED.

35035 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A LETTER OF AGREEMENT BETWEEN HAYS COUNTY, PRIME STRATEGIES, INC. (PSI) AND HNTB CORPORATION (HNTB) ASSIGNING TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND PSI FOR THE 2016 ROAD BOND PROGRAM TO HNTB AND GRANT AN EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, SECTION 262.024(A)(4).

Commissioner Jones spoke on the exemptions for this project. Mark Kennedy, General Counsel, spoke on the exemption code the county is using for this item. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute a Letter of Agreement between Hays County, Prime Strategies, Inc. (PSI) and HNTB Corporation (HNTB) assigning terms and conditions of Professional Services Agreement between Hays County and PSI for the 2016 Road Bond Program to HNTB and grant an exemption pursuant to Texas Local Government Code, Section 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

35036 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A LETTER OF AGREEMENT BETWEEN HAYS COUNTY, PRIME STRATEGIES, INC. (PSI) AND HNTB CORPORATION (HNTB) ASSIGNING TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND PSI FOR THE HAYS COUNTY PASS THROUGH FINANCING PROGRAM TO HNTB AND GRANT AN EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, SECTION 262.024(A)(4).

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute a Letter of Agreement between Hays County, Prime Strategies, Inc. (PSI) and HNTB Corporation (HNTB) assigning terms and conditions of Professional Services agreement between Hays County and PSI for the Hays County Pass Through Financing Program to HNTB and grant an exemption pursuant to Texas Local Government Code, Section 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

35037 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A LETTER OF AGREEMENT BETWEEN HAYS COUNTY, PRIME STRATEGIES, INC. (PSI) AND HNTB CORPORATION (HNTB) ASSIGNING TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT BETWEEN HAYS COUNTY AND PSI FOR PROGRAM MANAGEMENT FOR THE TXDOT PARTNERSHIP PROGRAM TO HNTB AND GRANT AN EXEMPTION PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, SECTION 262.024(A)(4).

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Letter of Agreement between Hays County, Prime Strategies, Inc. (PSI) and HNTB Corporation (HNTB) assigning terms and conditions of Professional Services Agreement between Hays County and PSI for Program Management for the TxDOT Partnership Program to HNTB and grant an exemption pursuant to Texas Local Government Code, Section 262.024(a)(4). All present voted “Aye.” MOTION PASSED.

35038 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN AGREEMENT BETWEEN HAYS COUNTY AND PLATEAU LAND & WILDLIFE MANAGEMENT IN THE AMOUNT OF $3,188.24 FOR THE RENEWAL OF THE 2020 ANNUAL SERVICE AGREEMENT.


***** ***** APRIL 7, 2020 A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute an agreement between Hays County and Plateau Land & Wildlife Management in the amount of $3,188.24 for the renewal of the 2020 Annual Service Agreement. All present voted “Aye.” MOTION PASSED.

35039 AUTHORIZE THE SHERIFF'S OFFICE TO ACCEPT A DONATION OF $200.00 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to accept a donation of $200.00 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35040 AUTHORIZE PAYMENT OF $522.80 TO FEDEX FOR SHIPPING FEES WHERE NO PURCHASE ORDER WAS IN PLACE AS PER THE COUNTY PURCHASING POLICY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to Authorize payment of $522.80 to FEDEX for shipping fees where no purchase order was in place as per the County Purchasing Policy. All present voted “Aye.” MOTION PASSED.

35041 ACCEPT $10,000.00 IN GRANT CONTRIBUTIONS ON BEHALF OF THE HAYS COUNTY CHILD PROTECTIVE BOARD AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe spoke about the grant for this item. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to accept $10,000.00 in grant contributions on behalf of the Hays County Child Protective Board and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.

35042 APPROVE AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN HAYS COUNTY AND BURNET COUNTY FOR JAIL SERVICES RELATED TO AN INCREASE IN COSTS FOR HOUSING AND CARE OF HAYS COUNTY INMATES.

Dan Lyon, Hays County resident, made a public comment against this item asking the court to vote no on the increase of costs. A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve an Amendment to the Interlocal Cooperation Agreement between Hays County and Burnet County for Jail Services related to an increase in costs for housing and care of Hays County inmates. Commissioner Ingalsbe, Commissioner Jones, Commissioner Shell, and Commissioner Smith voted “Aye.” Judge Becerra voted “No.” MOTION PASSED.

35043 APPROVE THE FILING OF TAX ASSESSOR-COLLECTOR JENIFER O'KANE'S CONTINUING EDUCATION TRANSCRIPT AS REQUIRED BY SECTION 6.231 (D) OF THE TEXAS PROPERTY TAX CODE.

A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the filing of Tax Assessor-Collector Jenifer O'Kane's Continuing Education Transcript as required by Section 6.231 (d) of the Texas Property Tax Code. All present voted “Aye.” MOTION PASSED.

35044 APPROVE THE REQUEST MADE BY LEIF JOHNSON FORD TRUCK CITY FOR WAIVER OF PENALTIES AND INTEREST ON TWO PROPERTY TAX PAYMENTS, CITING SECTION 33.011(H) OF THE TEXAS PROPERTY TAX CODE.

Dan Lyon, Hays County resident, gave a public comment, against the waiver of penalties. Jennifer O’Kane, Tax-Assessor-Collector, spoke on this item giving the court a summary of the events that took place. She stated the County had made a change to their account number that the taxpayer was unaware of, but once notified the payers processed the payment with the updated information. A motion was made by Commissioner Jones seconded by Commissioner Shell to approve the request made by Leif Johnson Ford Truck City for waiver of penalties and interest on two property tax payments, citing Section 33.011(h) of the Texas Property Tax Code. All present voted “Aye.” MOTION PASSED.


***** ***** APRIL 7, 2020 35045 APPROVE THE WAIVER OF PENALTIES AND INTEREST ON E-CHECK

PAYMENTS OF PROPERTY TAXES THAT RECEIVED NO CERTIFIED MAIL 'RETURN NOTICE', AS IS THE TAX OFFICE POLICY.

Jennifer O’Kane, Tax Assessor-Collector, stated there was an issue with a vendor, and that she believed the County should waive the penalties and interest for this particular instance. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the waiver of penalties and interest on E-Check payments of property taxes that received no certified mail 'return notice', as is the Tax Office policy. All present voted “Aye.” MOTION PASSED.

35046 RATIFY THE SUBMISSION OF A GRANT APPLICATION WITH THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE FY2020 COVID-19 CRISIS COAG GRANT IN THE AMOUNT UP TO $150,839.00.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to ratify the submission of a grant application with the Department of State Health Services (DSHS) for the FY2020 COVID-19 Crisis CoAg Grant in the amount up to $150,839.00. All present voted “Aye.” MOTION PASSED.

35047 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND K FRIESE AND ASSOCIATES, INC. FOR REVISION OF THE HAYS COUNTY TRANSPORTATION PLAN AND DECLARE AN EXCEPTION TO COMPETITIVE PROCUREMENT UNDER SECTION 262.024(A)(4) OF THE TEXAS LOCAL GOVERNMENT CODE.

Commissioner Smith spoke on this item referencing an email from Jerry Borcherding, Transportation Department. A motion was made by Commissioner Smith seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and K Friese and Associates, Inc. for revision of the Hays County Transportation Plan and declare an exception to competitive procurement under Section 262.024(a)(4) of the Texas Local Government Code. All present voted “Aye.” MOTION PASSED.

35048 ACCEPT THE ROAD CONSTRUCTION & DRAINAGE IMPROVEMENTS, RELEASE OF THE SUBDIVISION BOND #PB03010405877 IN THE AMOUNT OF $2,993,233.65, ACCEPT THE 2-YEAR MAINTENANCE BOND #70187170 IN THE AMOUNT OF $163,290.16, AND ACCEPT THE 1-YEAR REVEGETATION BOND #70187175 IN THE AMOUNT OF $103,669.80 FOR HEADWATERS AT BARTON CREEK SUBDIVISION, PHASE 2, AND PHASE 4, SECTION 1.

A motion was made by Commissioner Smith seconded by Commissioner Jones to accept the road construction & drainage improvements, release of the subdivision bond #PB03010405877 in the amount of $2,993,233.65, accept the 2-year maintenance bond #70187170 in the amount of $163,290.16, and accept the 1-year revegetation bond #70187175 in the amount of $103,669.80 for Headwaters at Barton Creek Subdivision, Phase 2, and Phase 4, Section 1.All present voted “Aye.” MOTION PASSED.

35049 APPROVE AN ADVANCE FUNDING AGREEMENT FOR LOCALLY FUNDED TRANSPORTATION PROJECT ON-SYSTEM (RM 2325 AT FISCHER STORE RD.) AND AUTHORIZE THE COUNTY JUDGE OR HIS DESIGNEE TO EXECUTE THE ADVANCE FUNDING AGREEMENT ON BEHALF OF HAYS COUNTY.

A motion was made by Commissioner Shell seconded by Commissioner Smith to approve an Advance Funding Agreement for Locally Funded Transportation Project On-System (RM 2325 at Fischer Store Rd.) and authorize the County Judge or his Designee to execute the Advance Funding Agreement on behalf of Hays County. All present voted “Aye.” MOTION PASSED.

35050 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE FIRST AMENDMENT TO THE PHASING AGREEMENT EXECUTED ON OR ABOUT NOVEMBER 21, 2017 BETWEEN HAYS COUNTY AND DEVELOPMENT SOLUTIONS CARTER, LLC FOR THE CARTER SUBDIVISION.


***** ***** APRIL 7, 2020 Caitlyn Strickland, Development Services, spoke on this item stating the developers are locked into a phasing schedule and this item would amend that schedule. A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize the County Judge to execute the First Amendment to the Phasing Agreement executed on or about November 21, 2017 between Hays County and Development Solutions Carter, LLC for the Carter Subdivision. All present voted “Aye.” MOTION PASSED.

35051 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE FIRST AMENDMENT TO THE PHASING AGREEMENT EXECUTED ON OR ABOUT NOVEMBER 21, 2017 BETWEEN HAYS COUNTY AND DEVELOPMENT SOLUTIONS CW, LLC FOR THE CROSSWINDS SUBDIVISION.

A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize the County Judge to execute the First Amendment to the Phasing Agreement executed on or about November 21, 2017 between Hays County and Development Solutions CW, LLC for the Crosswinds Subdivision. All present voted “Aye.” MOTION PASSED.

35052 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE FIRST AMENDMENT TO THE PHASING AGREEMENT EXECUTED ON OR ABOUT NOVEMBER 21, 2017 BETWEEN HAYS COUNTY AND DEVELOPMENT SOLUTIONS CAT, LLC FOR THE CALITERRA SUBDIVISION.

A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize the County Judge to execute the First Amendment to the Phasing Agreement executed on or about November 21, 2017 between Hays County and Development Solutions CAT, LLC for the Caliterra Subdivision. All present voted “Aye.” MOTION PASSED.

35053 AUTHORIZE THE COUNTY JUDGE TO EXECUTE THE FIRST AMENDMENT TO THE PHASING AGREEMENT EXECUTED ON OR ABOUT APRIL 24, 2018 BETWEEN HAYS COUNTY AND KYLE THREE PARTNERS, LP AND K MARCOS, LLC FOR THE SUNSET OAKS SUBDIVISION.

Caitlyn Strickland, Development Services, spoke on this item stating the developers would like to rename half of the subdivision to Hy Meadow. A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize the County Judge to execute the First Amendment to the Phasing Agreement executed on or about April 24, 2018 between Hays County and Kyle Three Partners, LP and K Marcos, LLC for the Sunset Oaks Subdivision. All present voted “Aye.” MOTION PASSED.

35054 APPROVE A TRUSTEE RESALE BID SUBMITTED BY GANYMEDE ENTERPRISES, LLC IN THE AMOUNT OF $3,200 FOR .0832 ACRES LOCATED ON SALTILLO STREET IN SAN MARCOS, TX.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to approve a trustee resale bid submitted by Ganymede Enterprises, LLC in the amount of $3,200 for .0832 acres located on Saltillo Street in San Marcos, TX. All present voted “Aye.” MOTION PASSED.

35055 APPROVE A PRELIMINARY HAYS COUNTY BUDGET CALENDAR FOR FISCAL YEAR 2021.

A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to approve a preliminary Hays County budget calendar for Fiscal Year 2021. All present voted “Aye.” MOTION PASSED.

35056 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN HAYS COUNTY AND 290 EAST BUSH, INC., RELATED TO LEDGE STONE COMMERCIAL CONDOMINIUMS.

Caitlyn Strickland, Development Services, spoke on this item stating this item is for 12 units and would allow for flexibility for the developer. Mark Kennedy, General Counsel, noted some minor edits needed to be made to agreement. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute a Development Agreement between Hays County and 290 East Bush, Inc., related to Ledge Stone Commercial Condominiums. All present voted “Aye.” MOTION PASSED.


***** ***** APRIL 7, 2020 35057 APPROVE THE FORM OF AGREEMENTS RELATED TO UTILITY

COORDINATION, TO BE USED ON HAYS COUNTY TRANSPORTATION OR OTHER CAPITAL IMPROVEMENTS PROJECTS.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to approve the form of Agreements related to Utility coordination, to be used on Hays County transportation or other capital improvements projects. All present voted “Aye.” MOTION PASSED.

35058 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PLANNED MAINTENANCE AGREEMENT WITH WAUKESHA-PEARCE INDUSTRIES, INC. FOR GENERATOR MAINTENANCE AT THE HAYS COUNTY JUVENILE DETENTION CENTER.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute a Planned Maintenance Agreement with Waukesha-Pearce industries, Inc. for generator maintenance at the Hays County Juvenile Detention Center. All present voted “Aye.” MOTION PASSED.

Clerk’s Note: A break was taken at 11:40a.m., and resumed at 11:46a.m.

35059 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND W.F. SMITH COMPANY FOR APPRAISER SERVICES FOR THE COUNTY’S GLO DISASTER HOUSING ASSISTANCE PROGRAM (HAP).

Judy Langford, and Jessica Brickford were present using video conference. Judy Landford spoke to the court about the PSA. A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and W.F. Smith Company for appraiser services for the County’s GLO Disaster Housing Assistance Program (HAP). All present voted “Aye.” MOTION PASSED.

35060 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT (PSA) BETWEEN HAYS COUNTY AND SPOT ON SURVEYING, INC. (SOS) REGARDING SURVEYING SERVICES FOR THE COUNTY’S GLO DISASTER HOUSING ASSISTANCE PROGRAM (HAP).

A motion was made by Commissioner Jones seconded by Commissioner Shell to authorize the County Judge to execute a Professional Services Agreement (PSA) between Hays County and Spot on Surveying, Inc. (SOS) regarding surveying services for the County’s GLO Disaster Housing Assistance Program (HAP). All present voted “Aye.” MOTION PASSED.

35061 APPROVE PROCUREMENT & BUDGET POLICIES RELATED TO THE COVID-19 PANDEMIC AND AMEND THE BUDGET ACCORDINGLY.

Marisol Villarreal-Alonzo, Auditor, and Vickie Dorsett, Auditors office, spoke to the court about making changes to the policies and explaining the processes for disaster accounts and reimburments. Alex Villalobos, Chief of Staff and Emergency Management Coordinator, spoke on this item in regards to quotes for PPE. Scott Raven, Fire Marshall, stated the current process for procuring PPE and other inventory needed is lengthy and causes missed opportunities for this pandemic. The Judge and Commissioners agreed that the Auditor and other department directors should take action at this time. They were tasked to list items, an increased limit to purchase supplies, and a list of names authorized to purchase such items. Credit card limits are going to be increased to $5,000.00 for Alex Villalobos, Scott Raven, and Raul Reyes to include such things as face masks and eye protection. The Auditor also made a recommendation to move $75,000.00 from contingency to cost center. A motion was made by Commissioner Jones seconded by Commissioner Shell to approve procurement & budget policies related to the COVID-19 pandemic and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.



***** ***** APRIL 7, 2020 DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS.

Judge Becerra read the Sheriff’s update of the inmate population. The approximate cost of outsourcing for the week of March 29 – April 4, was $59,540.00. The average number of inmates was 394, the number of males was 147, and the number of females was 1. No action taken.




ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 11:55 a.m.



proceedings had by the Hays County Commissioners’ Court on April 7, 2020.


HAYS COUNTY, TEXAS


***** ***** APRIL 14, 2020


ON THIS THE 14th DAY OF APRIL A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:

RUBEN BECERRA COUNTY JUDGE DEBBIE GONZALES INGALSBE COMMISSIONER, PCT. 1 MARK JONES COMMISSIONER, PCT. 2 LON A. SHELL COMMISSIONER, PCT. 3 WALT SMITH COMMISSIONER, PCT. 4 ELAINE H. CÁRDENAS COUNTY CLERK


WITH ELAINE H. CÁRDENAS, COUNTY CLERK, BEING PRESENT THROUGH VIDEO CONFERENCE THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS:

Reverend Javier Maldonado, 7th Day Adventist Church, gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order.

PUBLIC COMMENTS

Rodrigo Amaya, Hays County resident, gave a public comment regarding the unavailability of the Judge’s office and other County office closures. He also stated that regarding Covid-19 there is miscommunication from the court. Dan Lyon, Hays County resident, gave public comments, regarding his displeasure with the Hays County Appraisal District (CAD) and the Tax-Assessors office. He also read the Hays County disbursements.

UPDATE FROM THE COUNTY JUDGE AND STAFF REGARDING THE LOCAL DISASTER DECLARATION AND COVID-19.

Judge Becerra spoke on this item, stating his goal are public health and getting people back to work. He stated he is continuing to work on bringing test to Hays County. He noted Hays County is just under 100 positive cases and one death has occurred. Shane Stevens, CEO/Founder of AnyPlace MD and the owner of several other businesses, presented to the court about their partnership with MD Box along with the test and products available to Hays County citizens. Amy Altman, Ph.D. and CEO of Reliant Immune Diagnostics, presented information and answered questions for the court regarding the MDBox product. The Commissioners, Judge Becerra, and Alex Villalobos, Emergency Management Coordinator, had discussions about confusion over in home monitoring and in home testing, as well as the time line as to which information was release through press conferences to the public about the availability and cost of the products. The Commissioners also discussed having the recordings of the elected officials meeting emailed to each of them throughout the week. Alex Villalobos, Emergency Management Coordinator, update the court on the current plan of action as well as possible actions for future phasing. He asked to meet with each Commissioner for input for future phasing. Eric Schneider, Med, Epidemiologist, stated the he gives a referral to the first responders to get testing done through Premier. The Health Department does not conduct any test. He stated that in his opinion he would want to follow CDC guidelines and use molecular testing as that is currently the only count that matters at this time. No action was taken.

35062 ACCEPT THE PRESENTATION OF LETTER FROM HAYS CALDWELL WOMEN'S CENTER (HCWC) REGARDING CHILD ABUSE AND SEXUAL ASSAULT PREVENTION AND AWARENESS MONTH.

A motion was made by Commissioner Jones seconded by Commissioner Smith to accept the Presentation of Letter from Hays Caldwell Women's Center (HCWC) Regarding Child Abuse and Sexual Assault Prevention and Awareness Month. All present voted “Aye.” MOTION PASSED.


A motion was made by Commissioner Smith seconded by Commissioner Jones to approve payments of County invoices. All present voted “Aye.” MOTION PASSED.


***** ***** APRIL 14, 2020

35064 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Smith seconded by Commissioner Jones to to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED. 35065 APPROVE COMMISSIONERS COURT MINUTES OF APRIL 7, 2020. A motion was made by Commissioner Smith seconded by Commissioner Jones to approve Commissioners Court Minutes of April 7, 2020. All present voted “Aye.” MOTION PASSED. 35066 APPROVE THE PAYMENT OF THE APRIL 15, 2020 PAYROLL

DISBURSEMENTS IN AN AMOUNT NOT TO EXCEED $2,925,000.00 EFFECTIVE APRIL 15, 2020 AND POST TOTALS FOR WAGES, WITHHOLDINGS, DEDUCTIONS AND BENEFITS ON THE HAYS COUNTY WEBSITE ONCE FINALIZED.

A motion was made by Commissioner Smith seconded by Commissioner Jones to approve the payment of the April 15, 2020 payroll disbursements in an amount not to exceed $2,925,000.00 effective April 15, 2020 and post totals for wages, withholdings, deductions and benefits on the Hays County website once finalized. All present voted “Aye.” MOTION PASSED. 35067 AUTHORIZE BUILDING MAINTENANCE TO REPLACE A FAILED AIR

HANDLER UNIT (AHU) VALUED AT $3,765.00 FOR THE SHERIFF'S PCT. 3 SATELLITE OFFICE AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize Building Maintenance to replace a failed Air Handler Unit (AHU) valued at $3,765.00 for the Sheriff's Pct. 3 Satellite Office and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 35068 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AMENDMENT NO. 1 TO

DSHS CONTRACT NO. HHS000371500030 GRANTING A NO COST EXTENSION WITH A REVISED TERMINATION DATE OF JUNE 30, 2021.

A motion was made by Commissioner Smith seconded by Commissioner Jones to authorize the County Judge to execute Amendment No. 1 to DSHS Contract No. HHS000371500030 granting a no cost extension with a revised termination date of June 30, 2021. All present voted “Aye.” MOTION PASSED. 35069 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN ANNUAL AGREEMENT

BETWEEN HAYS COUNTY AND STAR ASSET SECURITY IN THE AMOUNT OF $17,190.00 FOR THE ANNUAL INSPECTIONS AND MAINTENANCE OF ALL HAYS COUNTY FIRE SYSTEMS, EXTINGUISHERS, AND ALARMS.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the County Judge to execute an annual agreement between Hays County and Star Asset Security in the amount of $17,190.00 for the annual inspections and maintenance of all Hays County fire systems, extinguishers, and alarms. All present voted “Aye.” MOTION PASSED. 35070 RATIFY THE ACCEPTANCE OF 80 WHATABURGER GIFT CARDS FROM

MR. WILLIAM HOWARD, VALUED AT $800.00, AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe thanked Mr. William Howard for his donation. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to ratify the acceptance of 80 Whataburger gift cards from Mr. William Howard, valued at $800.00, and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.


***** ***** APRIL 14, 2020

35071 RATIFY THE DONATION OF HAND SANITIZER FROM THE FRATERNAL ORDER OF POLICE VALUED AT $85.00 FOR THE SHERIFF'S OFFICE PATROL UNIT AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Smith thanked the Deep Eddy Distillery for their donation of the hand sanitizer to the Fraternal Order of Police who then donated to Hays County. He also noted an agenda item for next week that will also include a donation of hand sanitizer from another distillery. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to ratify the donation of hand sanitizer from The Fraternal Order of Police valued at $85.00 for the Sheriff's Office patrol unit and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 35072 APPROVE PAYMENT OF INVOICES TO WALDRIP INSURANCE AGENCY

FOR ANNUAL TAX ASSESSOR COLLECTOR BONDS, WHERE NO PURCHASE ORDER WAS REQUESTED, PER HAYS COUNTY PURCHASING POLICY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payment of invoices to Waldrip Insurance Agency for annual Tax Assessor Collector bonds, where no purchase order was requested, per Hays County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 35073 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROPOSAL WITH

CONFERENCE TECHNOLOGIES, INC. RELATED TO AN AUDIO VISUAL (A/V) SYSTEM FOR THE NEW JAIL ADDITION AND TRAINING BUILDING AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Proposal with Conference Technologies, Inc. related to an Audio Visual (A/V) System for the New Jail Addition and Training Building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 35074 RATIFY THE DONATION OF BLEACH (SODIUM HYPOCHLORITE) FROM

FORMOSA PLASTICS CORPORATION TEXAS COUNTY WIDE SANITATION RELATED TO THE COVID-19 PANDEMIC AND AMEND THE BUDGET ACCORDINGLY.

Commissioner Ingalsbe and Tammy Crumley, Director of County Wide Operations, thanked Formosa Plastics Corporation for their donation. Tammy Crumley noted she will send the itemization of the donation which is just under 300 gallons and approximately wroth $1200 to the Auditor. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to ratify the donation of bleach (sodium hypochlorite) from Formosa Plastics Corporation Texas County Wide sanitation related to the COVID-19 Pandemic and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 35075 AUTHORIZE PAYMENT TO AUTOMATION DESIGN FOR $1,461.50 FOR

THE JUSTICE OF THE PEACE PCT. 5 OFFICE RELATED TO COURTROOM SECURITY CAMERA REPAIRS IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Shell seconded by Commissioner Jones to authorize payment to Automation Design for $1,461.50 for the Justice of the Peace Pct. 5 Office related to courtroom security camera repairs in which no purchase order was issued as required per County Purchasing Policy and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 35076 AUTHORIZE PAYMENT TO POGUE CONSULTING FOR $5,599.50 FOR

COVID-19 PPE SUPPLIES IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

A motion was made by Shell seconded by Commissioner Jones to authorize payment to Pogue Consulting for $5,599.50 for COVID-19 PPE supplies in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED.


***** ***** APRIL 14, 2020

35077 AUTHORIZE THE EXECUTION OF A GRANT CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) IN THE AMOUNT OF $150,839.00 FOR ACTIVITIES IN RELATION TO THE CORONAVIRUS 2019 (COVID-19) RESPONSE AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Shell to authorize the execution of a grant contract with the Department of State Health Services (DSHS) in the amount of $150,839.00 for activities in relation to the Coronavirus 2019 (COVID-19) response and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. PURCHASE AND DISTRIBUTE COVID-19 TESTS AND OTHER PRODUCTS AND SERVICES RELATED TO COVID-19. Judge Becerra spoke on this item, stating that he would like to expand testing throughout Hays County through legal and vetted processes. He is requesting the court come up with a dollar amount to purchase tests. He called on Mike Jones, Emergency Preparedness Coordination, to speak to the court in greater detail. Mike Jones stated for the vulnerable population per the CDC guidelines people will be triaged, then given further instruction for testing if needed. The General population per CDC guidelines if they feel sick or have symptoms of the virus should self-quarantine. The Commissioners followed up with several questions about the plan to purchase, distribute, and administer the test. Tammy Crumley, Director of County Wide Operations, spoke to the court on the initial phase the Health Department is currently using, that is to test first responders using Premier and CPL. She stated she would bring an agenda item to court for a contract with these providers, and suggested possibly expanding the plan to administer more testing. She also noted there are grant funds available, however the grants would only cover molecular testing. The Commissioners and Judge through a lengthy discussion spoke about the difference of molecular and serology testing, the needs for the testing, and the steps to reopen businesses following the Governor’s Order. No action was taken. 35078 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A CONTRACT WITH

BRIZO CONSTRUCTION, LLC FOR ALL PROJECTS UNDER RFP 2020-P05 BUILDER SERVICES RELATED TO THE CDBG-DR HOUSING PROGRAM AND APPROVE THE NOTICE TO PROCEED FOR EXECUTION AT EACH PRE-CONSTRUCTION MEETING.

Mark Kennedy, General Counsel, spoke on this item noting edits that were made to the back up and reviewing those changes with the court. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a contract with Brizo Construction, LLC for all projects under RFP 2020-P05 Builder Services related to the CDBG-DR Housing Program and approve the Notice to Proceed for execution at each pre-construction meeting. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #20 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – WAS PULLED. DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. Judge Becerra read the Sheriff’s update of the inmate population. The approximate cost of outsourcing for the week of April 5th through April 11th was $57,534.00. The average number of outsourced inmates for males was 142 and 0 females. No action taken. Clerk’s Note Agenda Item #22 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #23 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #24 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED.


***** ***** APRIL 14, 2020








***** ***** APRIL 21, 2020

STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 21st DAY OF APRIL A.D., 2020, IN THE HAYS COUNTY COURTHOUSE, 111 E. SAN ANTONIO ST., SUITE 301, SAN MARCOS, TEXAS, THE COMMISSIONERS' COURT OF HAYS COUNTY, TEXAS, MET IN REGULAR MEETING. THE FOLLOWING MEMBERS WERE PRESENT, TO-WIT:



WALT SMITH COMMISSIONER, PCT. 4 VALERIE VALDEZ DEPUTY CLERK

Clerk’s Note: For complete transcript go to Hays County Website https://hayscountytx.com/commissioners-court/court-video/ Transcript can be translated into any language through Google.com. WITH VALERIE VALDEZ, DEPUTY CLERK, BEING PRESENT THROUGH VIDEO CONFERENCE THE FOLLOWING PROCEEDINGS WERE HAD, THAT IS: Reverend Javier Maldonado, 7th Day Adventist Church, gave the invocation. Judge Becerra led the court in the Pledge of Allegiance to the United States and Texas flags. Judge Becerra called the meeting to order. PUBLIC COMMENTS Dan Lyon, Hays County resident, gave public comments, on the tragic loss of Officer Justin Putnam. He quoted scripture and stated Officer Putnam is now with the creator. Rodrigo Amaya, Hays County resident, gave a public comment, sending his condolences for Officer Putnam’s family and sending well wishes to the injured officers. He went on to thank Reverend Javier Maldonado for his regular attendance to Commissioners Court. He also made comments on the court decorum and stated it is not being followed. He thanked the Commissioners for their leadership during this pandemic. UPDATE FROM THE COUNTY JUDGE AND STAFF REGARDING THE LOCAL DISASTER DECLARATION AND COVID-19. Tammy Crumley, County Wide Operations spoke to the court about the information gathered from the medical community regarding requirements for testing, which locations are conducting tests, and which locations are open to the public or patients only. She stated that due to the limited amount of test kits, parameters must be set on people who are given the test. Discussion was had between the Commissioners and Judge about the groups they would like to see get testing as well as more test locations. Eric Schneider, Med, Epidemiologist, gave an update on the numbers for current, active, cleared, pending, and negative test for Hays County. Eric Schneider stated that the Health Department is using contact tracing for patients that test positive. Discussion was had about opening a clinic at the Health Department at Live Oak to help the uninsured, underinsured, and indigent population. Alex Villalobos, Emergency Management Coordinator, stated that there is not enough data on the population to help make policy decisions to open businesses safely. He noted that only 1% of the county has been tested. He spoke about collaborating with neighboring counties and cities to come up with a plan. Judge Becerra spoke on obtaining more personal protective equipment and testing resources. He also stated that he would be looking into possible tax relief for citizens. He read a part of a Letter from Jason Giulietti, Greater San Marcos Partnership, and his team explaining the differences between molecular and serology testing. Clay Huckaby, Fire Chief of Buda Fire/EMS Hays County ESD #2 and ESD #8, spoke to the court about the frustration by the Fire and EMS regarding a split Emergency Operation Center (EOC) between the City of San Marcos and Hays County, as the first line responders had not been included in the conversation to make that change. He noted in the past all Emergency Services Districts were under one Emergency Operation Center. He stated that the change was explained thorough phone calls made after the fact that the split was a financial and auditing piece, and did not affect their response to Covid-19 calls. Judge Becerra stated the change was an administrative change made by him and moving forward in his communications that he would contact the Fire and EMS to be included in conversations for policies regarding this emergency. Discussion was had about the process used to obtain resources and the reason the change was made. Judge Becerra wanted to clarify that there was not a split in the EOC. Marisol Villarreal-Alonzo, Auditor, stated that her office was not informed of a split. Alex Villalobos, Emergency Management Coordinator, spoke to the court to explain the change was for procurement and logistics. Raul Reyes, Emergency Services Director, spoke to the court; he stated that an assistant was hired to help Alex Villalobos in order to streamline the request for Covid-19 inventory. He explained the process to the court. No action was taken. Clerk’s Note: Judge Becerra called for a break that began at 10:49 a.m. and resumed back into open court at 10:54 a.m.


***** ***** APRIL 21, 2020

35079 ADOPT A PROCLAMATION DECLARING APRIL 25TH - MAY 2ND, 2020 AS NATIONAL INFANT IMMUNIZATION WEEK IN HAYS COUNTY.

Eric Schneider, Med, Epidemiologist, spoke on this item to promote immunizations for the youth of the community. He wants the Public to know that diseases like the mumps and measles have been on the rise due to lack of immunizations. He stated that if any parents have concerns about the effects of immunizations for their children that they should contact the Health Department or a Healthcare professional. He strongly urged people to do their own research and be mindful of the resources on social media as they can be misleading. The Commissioners and Judge Becerra took time to recognize the staff of the Health department and thanked them for their diligent work. A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to adopt a proclamation declaring April 25th - May 2nd, 2020 as National Infant Immunization Week in Hays County. All present voted “Aye.” MOTION PASSED. 35080 ADOPT A PROCLAMATION DECLARING APRIL 26TH - MAY 3RD, 2020 AS

SOIL & WATER STEWARDSHIP WEEK IN HAYS COUNTY. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to adopt a proclamation declaring April 26th - May 3rd, 2020 as Soil & Water Stewardship Week in Hays County. All present voted “Aye.” MOTION PASSED. UPDATE ON CENSUS ACTIVITY IN HAYS COUNTY BY CENSUS COORDINATOR JESSICA MEJIA. Anita Collins, Executive Assistant for Hays County Judge, spoke to the court on Jessica Mejia’s behalf. She updated the court on the plans to reach out to the public through social media rather than the social gathering which were originally planned due to Covid-19. The Commissioners noted they would still like to meet or speak with Jessica Mejia about the Census plans. Commissioner Smith noted that the County may want to look into hiring a professional for this social media outreach. No action was taken. 35081 APPROVE PAYMENTS OF COUNTY INVOICES. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve payments of County invoices. All present voted “Aye.” MOTION PASSED. 35082 APPROVE THE PAYMENT OF UNITED HEALTHCARE CLAIMS. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the payment of United Healthcare claims. All present voted “Aye.” MOTION PASSED. 35083 APPROVE COMMISSIONERS COURT MINUTES OF APRIL 14, 2020. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve Commissioners Court Minutes of April 14, 2020. All present voted “Aye.” MOTION PASSED. 35084 AUTHORIZE PAYMENT TO PROPAC, INC. FOR $503.48 FOR PPE EYE

PROTECTIVE WEAR RELATED TO COVID-19 RESPONSE IN WHICH NO PURCHASE ORDER WAS ISSUED AS REQUIRED PER COUNTY PURCHASING POLICY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize payment to ProPac, Inc. for $503.48 for PPE eye protective wear related to COVID-19 response in which no purchase order was issued as required per County Purchasing Policy. All present voted “Aye.” MOTION PASSED. 35085 RATIFY THE DONATION OF 53 FACE GUARDS AND 152 FACE MASKS

FROM SAND SOCKS, INC. VALUED AT $3,072.95 FOR THE SHERIFF'S OFFICE AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to ratify the donation of 53 face guards and 152 face masks from Sand Socks, Inc. valued at $3,072.95 for the Sheriff's Office and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.


***** ***** APRIL 21, 2020

35086 RATIFY THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF STATE HEALTH SERVICES (DSHS) FOR THE FY2020 COVID-19 CRISIS COAG GRANT AMENDING THE ORIGINAL APPLICATION TO ADD AN ADDITIONAL $154,794.00.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to ratify the submission of a grant application to the Department of State Health Services (DSHS) for the FY2020 COVID-19 Crisis CoAg Grant amending the original application to add an additional $154,794.00. All present voted “Aye.” MOTION PASSED. 35087 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR A SINGLE-FAMILY

RESIDENCE AND THREE SHORT-TERM RENTAL CABINS LOCATED AT 501 JENNIFER LN, DRIFTWOOD, TX 78619.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for a Single-Family Residence and three short-term rental cabins located at 501 Jennifer Ln, Driftwood, TX 78619. All present voted “Aye.” MOTION PASSED. 35088 AUTHORIZE ON-SITE SEWAGE FACILITY PERMIT FOR 3 - LONG-TERM

RENTAL SINGLE-FAMILY RESIDENCES LOCATED AT 120 HART LANE, DRIPPING SPRINGS, TEXAS 78620.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize On-Site Sewage Facility Permit for 3 - long-term rental Single-Family Residences located at 120 Hart Lane, Dripping Springs, Texas 78620. All present voted “Aye.” MOTION PASSED. 35089 APPROVE UTILITY PERMITS. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve Utility Permits. All present voted “Aye.” MOTION PASSED. 35090 AUTHORIZE THE SHERIFF'S OFFICE TO ACCEPT A DONATION OF

$1,000.00 FROM THE SAN MARCOS LIONS CLUB TO UTILIZE FOR SUPPLIES AND MATERIALS FOR THE DRONE PROGRAM AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Sheriff's Office to accept a donation of $1,000.00 from the San Marcos Lions Club to utilize for supplies and materials for the Drone Program and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 35091 APPROVE SPECIFICATIONS FOR RFP 2020-P10 BANK DEPOSITORY AND

AUTHORIZE PURCHASING TO SOLICIT FOR PROPOSALS AND ADVERTISE.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve specifications for RFP 2020-P10 Bank Depository and authorize Purchasing to solicit for proposals and advertise. All present voted “Aye.” MOTION PASSED. 35092 APPROVE EXTENSION OF RFP 2016-P06 BANK DEPOSITORY WITH SAGE

CAPITAL BANK, N.A. FOR A PERIOD NOT TO EXCEED 123 DAYS (AUGUST 31, 2020).

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve extension of RFP 2016-P06 Bank Depository with Sage Capital Bank, N.A. for a period not to exceed 123 days (August 31, 2020). All present voted “Aye.” MOTION PASSED.


***** ***** APRIL 21, 2020

35093 AUTHORIZE THE SUBMISSION OF AN EXTENSION REQUEST TO THE GENERAL LAND OFFICE (GLO) FOR THE COTTON GIN ROAD PROJECT CONTRACT NO.18-501-000-B226 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM INFRASTRUCTURE PROJECT NON-RESEARCH & DEVELOPMENT 2015 FLOOD ALLOCATION.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the submission of an extension request to the General Land Office (GLO) for the Cotton Gin Road Project Contract No.18-501-000-B226 Community Development Block Grant Disaster Recovery Program Infrastructure Project Non-Research & Development 2015 Flood Allocation. All present voted “Aye.” MOTION PASSED. 35094 APPROVE THE UPDATES TO THE TEXAS PROPERTY ASSESSED CLEAN

ENERGY (PACE) AUTHORITY PROJECT DOCUMENTS APPROVED BY THE HAYS COUNTY COMMISSIONERS COURT ON OR ABOUT JANUARY 17, 2017.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to approve the updates to the Texas Property Assessed Clean Energy (PACE) Authority project documents approved by the Hays County Commissioners Court on or about January 17, 2017. All present voted “Aye.” MOTION PASSED. 35095 AUTHORIZE THE EXECUTION OF A $3,335.00 SERVICE PROPOSAL WITH

FIRETROL PROTECTION SYSTEMS FOR FIRE ALARM CONTROL PANEL REPAIRS AT THE JUVENILE DETENTION CENTER.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the execution of a $3,335.00 Service Proposal with Firetrol Protection Systems for fire alarm control panel repairs at the Juvenile Detention Center. All present voted “Aye.” MOTION PASSED. 35096 AMEND THE CONSTABLE PCT. 2 OPERATING BUDGET FOR $3,915.00

ADDITIONAL COSTS ASSOCIATED WITH THE MOTORCYCLE UNIT APPROVED IN THE FY20 BUDGET PROCESS.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to Amend the Constable Pct. 2 operating budget for $3,915.00 additional costs associated with the motorcycle unit approved in the FY20 budget process. All present voted “Aye.” MOTION PASSED. 35097 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A PROPOSAL WITH

CONFERENCE TECHNOLOGIES, INC. RELATED TO THE BACKEND PROCESSING AND DISPLAY WALL SYSTEM FOR THE NEW PUBLIC SAFETY BUILDING AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Proposal with Conference Technologies, Inc. related to the Backend Processing and Display Wall System for the new Public Safety Building and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 35098 AUTHORIZE THE PURCHASE OF A REPLACEMENT BLODGETT

CONVECTION OVEN VALUED AT $3,906.47 FOR THE JUVENILE DETENTION CENTER AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the purchase of a replacement Blodgett Convection Oven valued at $3,906.47 for the Juvenile Detention Center and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 35099 AUTHORIZE THE TRANSPORTATION DEPARTMENT TO PURCHASE ONE

NEW LAPTOP COMPUTER FOR THE ENGINEERING TECHNICIAN, SLOT 1031-001 AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the Transportation Department to purchase one new laptop computer for the Engineering Technician, slot 1031-001 and amend the budget accordingly. All present voted “Aye.” MOTION PASSED.


***** ***** APRIL 21, 2020

35100 REQUEST THAT THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) INITIATE THE PROCESS TO REMOVE A PORTION OF FM 2770 (ROBERT S. LIGHT TO 0.10 MILE NORTH OF THE INTERSECTION WITH ROBERT S. LIGHT) FROM THE STATE HIGHWAY SYSTEM AND CONVEY TO HAYS COUNTY FOR FUTURE OWNERSHIP OF THE RIGHT-OF-WAY AND MAINTENANCE.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to request that the Texas Department of Transportation (TxDOT) initiate the process to remove a portion of FM 2770 (Robert S. Light to 0.10 mile north of the intersection with Robert S. Light) from the State Highway System and convey to Hays County for future ownership of the right-of-way and maintenance. All present voted “Aye.” MOTION PASSED. 35101 AWARD CONTRACT FOR IFB 2020-B05 US 290 @ TRAUTWEIN ROAD -

TEMPORARY SIGNAL TO AUSTIN TRAFFIC SIGNAL CONSTRUCTION COMPANY, INC.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to award contract for IFB 2020-B05 US 290 @ Trautwein Road - Temporary Signal to Austin Traffic Signal Construction Company, Inc. All present voted “Aye.” MOTION PASSED. 35102 AUTHORIZE AN AMENDMENT TO THE LABORATORY TESTING

CONTRACT BETWEEN THE HAYS COUNTY LOCAL HEALTH DEPARTMENT AND CLINICAL PATHOLOGY LABORATORIES (CPL) EFFECTIVE MARCH 13, 2020 TO INCLUDE THE TESTING OF COVID-19.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize an amendment to the laboratory testing contract between the Hays County Local Health Department and Clinical Pathology Laboratories (CPL) effective March 13, 2020 to include the testing of COVID-19. All present voted “Aye.” MOTION PASSED. 35103 EXECUTE A CONTRACT WITH PREMIER ER & URGENT CARE RELATED

TO COVID-19 TESTING EFFECTIVE MARCH 13, 2020. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to execute a contract with Premier ER & Urgent Care related to COVID-19 Testing effective March 13, 2020. All present voted “Aye.” MOTION PASSED. 35104 EXECUTE A CONTRACT WITH LIVE OAK HEALTH PARTNERS

COMMUNITY CLINIC RELATED TO COVID-19 TESTING. A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to execute a contract with Live Oak Health Partners Community Clinic related to COVID-19 Testing. All present voted “Aye.” MOTION PASSED. 35105 AUTHORIZE THE EXECUTION OF A GRANT CONTRACT AMENDMENT

WITH UNITED WAY FOR GREATER AUSTIN (UNITED WAY ATX) IN AMOUNT OF $7,500.00 FOR SUPPORT OF 2020 CENSUS OUTREACH WORK AND AMEND THE BUDGET ACCORDINGLY.

A motion was made by Commissioner Ingalsbe seconded by Commissioner Jones to authorize the execution of a grant contract amendment with United Way for Greater Austin (United Way ATX) in amount of $7,500.00 for support of 2020 Census outreach work and amend the budget accordingly. All present voted “Aye.” MOTION PASSED. 35106 AUTHORIZE THE COUNTY JUDGE TO EXECUTE A SOFTWARE LICENSE

CONVERSION REQUEST FORM FOR NETMOTION IN ORDER TO ADD 33 LICENSES AND TRANSITION TO A SUBSCRIPTION LICENSE MODEL.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute a Software License Conversion Request Form for NetMotion in order to add 33 licenses and transition to a Subscription License model. All present voted “Aye.” MOTION PASSED.


***** ***** APRIL 21, 2020

35107 AUTHORIZE THE COUNTY JUDGE TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN HAYS COUNTY AND SUNFIELD MUNICIPAL UTILITY DISTRICT NO. 4, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS, RELATED TO ROAD CONSTRUCTION AND MAINTENANCE WITHIN THE SUNFIELD DEVELOPMENT.

A motion was made by Commissioner Jones seconded by Commissioner Ingalsbe to authorize the County Judge to execute an Interlocal Agreement between Hays County and Sunfield Municipal Utility District No. 4, a political subdivision of the State of Texas, related to road construction and maintenance within the Sunfield Development. All present voted “Aye.” MOTION PASSED. Clerk’s Note: Executive Session began at 11:08 a.m. and resumed back into open court at 1:50 p.m. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY HUMAN RESOURCES DEPARTMENT. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT. No action was taken. EXECUTIVE SESSION PURSUANT TO SECTIONS 551.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL AND DELIBERATION REGARDING ALL INDIVIDUAL POSITIONS IN THE HAYS COUNTY OFFICE OF EMERGENCY SERVICES. POSSIBLE DISCUSSION AND/OR ACTION MAY FOLLOW IN OPEN COURT. No action was taken. 35108 EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS

GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING PENDING AND/OR CONTEMPLATED LITIGATION INVOLVING HAYS COUNTY. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

Commissioner Shell spoke about Kinder Morgan and a mishap using horizontal drilling under the Blanco River causing pollution to nearby ground water wells. Therefore it raises concern about permits that were issued for future drilling under county roadways. Commissioner Shell instructed that the Transportation department send a notice of this resolution to Kinder Morgan to pause the work that is currently taking place until a new policy is approved in court. A motion was made by Commissioner Shell seconded by Commissioner Ingalsbe to rescind any and all permits issued by Hays County to Kinder Morgan related to road cuts across and/or drilling under roadway for the Permian Highway Pipeline, until such time that - 1. Kinder Morgan has complied with the Railroad Commission Notice of Violation and provided the plan for “moving forward….in a manner which will prevent further impact to groundwater and surface water”; and 2. Kinder Morgan has provided Hays County with a detailed geology report for each proposed County Road crossing specifically identifying whether the area is underlain by karst. Additionally, I would like to instruct staff to develop a policy for approval by Court that, in the event that karst features or geology are present, Kinder Morgan should be made to perform ground penetrating radar (GPR) studies to identify voids, caves, crevices or other features that could pose the risk of loss of drilling fluid and identify neighboring groundwater wells, which shall be reviewed by Hays County prior to any permit activation. The objective is to pause any trenching or horizontal drilling until the Court adopts the policy and provides further guidance.


***** ***** APRIL 21, 2020

35109 EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE: CONSULTATION WITH COUNSEL REGARDING THE HAYS COUNTY FIRE CODE. POSSIBLE ACTION MAY FOLLOW IN OPEN COURT.

The Court thanked Fire Marshall Raven for his work. A motion was made by Commissioner Smith seconded by Commissioner Shell to provide guidance on the enforcement of the Hays County Fire Code. Specifically, Fire Marshall and staff to apply the process utilized prior to the adoption of the Hays County Fire Code on December 17, 2019, if an applicant filed its first application materials prior to that date and claims to be "grandfathered" or "vested" or otherwise exempted under Chapter 245 of the Texas Government Code. Permit application materials that shall be considered include materials related to the following permits: Flood Plain permits, Development Services permits (including preliminary plans), Driveway permits, or OSSF permits. In order to qualify, projects seeking exemption must break grounds prior to May 1, 2021. All present voted “Aye.” MOTION PASSED. Clerk’s Note Agenda Item #36 RE: DISCUSSION AND POSSIBLE ACTION RELATED TO THE BURN BAN AND/OR DISASTER DECLARATION. – WAS PULLED. DISCUSSION RELATED TO THE HAYS COUNTY INMATE POPULATION, TO INCLUDE CURRENT POPULATION COUNTS AND COSTS. Judge Becerra read the Sheriff’s update of the inmate population. The estimated cost for outsourcing was $56,432.00 for the week of April 12 - April 19, 2020. The number of male inmates was 139 and zero female inmates. No action taken. Clerk’s Note Agenda Item #38 RE: DISCUSSION OF ISSUES RELATED TO THE HAYS COUNTY JAIL, AND THE PLANNING OF PROJECTS PERTAINING TO THE PUBLIC SAFETY FACILITIES NEEDS WITHIN THE COUNTY. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #39 RE: DISCUSSION OF ISSUES RELATED TO THE ROAD BOND PROJECTS, INCLUDING UPDATES FROM MIKE WEAVER, PRIME STRATEGIES, WADE BENTON, HNTB AND ALLEN CROZIER, HDR. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. Clerk’s Note Agenda Item #40 RE: DISCUSSION OF ISSUES RELATED TO ELECTRO PURIFICATION INCLUDING UPDATES ON THE FILED APPLICATION. POSSIBLE ACTION MAY FOLLOW. – WAS PULLED. ADJOURNMENT A motion was made by Judge Becerra, seconded by Commissioner Jones to adjourn court at 2:30 p.m.






STATE OF TEXAS * COUNTY OF HAYS * ON THIS THE 7TH DAY … · on this the 7th day of february a.d., 2020, in the hays county courthouse, 111 e. san antonio st., suite 301, san marcos,

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